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White Collar
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June 18, 2024
High Court Petition Asks Justices: What's A 'Willful' Kickback?
Does a "willful" act under federal anti-kickback law require a defendant to know that the conduct violates the law? That's the question a whistleblower is asking the U.S. Supreme Court to answer in order to resolve what the petition calls a circuit split on a key question of federal fraud prosecutions.
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June 18, 2024
Menendez Request On Pet Case Was Unique, Aide Testifies
When Sen. Robert Menendez allegedly directed an aide to tell a U.S. attorney that an alleged bribe-giver facing prosecution deserved "all due process," it was the only criminal case Menendez ever singled out that way in their years working together, the aide testified Tuesday.
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June 18, 2024
The 2 Attys Ensnared In A NJ Mogul's Racketeering Rap
New Jersey businessman George E. Norcross III may be the alleged mastermind of a racketeering scheme to reap millions in tax credits on waterfront property in a distressed city, but the explosive indictment also reveals the purported roles of two attorneys with close ties to the Democratic Party.
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June 18, 2024
Company, States Battle In Court Over At-Home Rape Kits
A fight is brewing in federal and state courts between a company that purports to be the nation's only purveyor of self-administered sexual assault DNA collection kits and state attorneys general who believe it is misleading sexual assault victims.
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June 18, 2024
Cuomo's Ex-Aide Details Sex Harassment Claims In New Suit
Former New York Gov. Andrew Cuomo's onetime executive assistant has filed a civil lawsuit in New York state court, accusing Cuomo of "outrageous sex discrimination and retaliation" roughly two years after related misdemeanor charges over the alleged misconduct were dropped.
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June 18, 2024
Charges Dropped In NYC Mayor Straw Donor Case
A New York state judge on Tuesday dismissed charges against a former development consultant and state employee, who was accused of being part of a conspiracy to funnel straw donor funds to New York City Mayor Eric Adams' 2021 campaign, after prosecutors agreed to drop the case.
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June 18, 2024
Ayahuasca Church Says DOJ Should Pay $2.2M Legal Fees
A Phoenix-based church that secured a deal with the U.S. Department of Justice allowing it to legally use ayahuasca for its religious practices is now asking an Arizona federal court to make the government pay $2.2 million, covering the costs of litigating the case and giving its attorneys an "appropriate" bonus.
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June 18, 2024
11th Circ. Affirms Warrantless Search Of Probationer's Home
The Eleventh Circuit on Tuesday affirmed the denial of a woman's bid to suppress evidence obtained by police in a warrantless search of her home, finding that the search was reasonable because her live-in boyfriend's probation conditions authorized warrantless home searches.
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June 18, 2024
CFTC Awards $8M To Whistleblower Behind Multiple Actions
The Commodity Futures Trading Commission has announced it awarded more than $8 million to an insider whistleblower who the agency said provided significant information that led to multiple enforcement actions from multiple agencies.
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June 18, 2024
Legalization Foe SAM Seeks Hearing On Pot Rescheduling
A leading anti-marijuana-legalization advocacy organization on Tuesday formally submitted its request to the Drug Enforcement Administration to hold administrative hearings on the Attorney General's proposal to reschedule cannabis.
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June 18, 2024
Gov't Says New Guidelines Can't Cut Crypto Expert's Sentence
Federal prosecutors have told a Manhattan federal judge that the crypto computing expert who received five years for aiding North Korea's blockchain development shouldn't get to cut a year off his sentence just because sentencing guidelines have been updated while he's served his term.
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June 18, 2024
Sterling Bank Ex-CEO Won't Face Charges Over Loan Program
The founder and former CEO of Sterling Bank and Trust, who has been investigated in connection with a fraud-plagued loan program, will not face criminal charges from the U.S. Department of Justice, according to Michigan federal court documents filed Monday.
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June 18, 2024
Archegos Trader Doubles Down On Hwang Accusations
A former protégé of Archegos founder Bill Hwang told New York federal jurors Tuesday that the hedge fund boss directed manipulative and improper trading, pushing back on insinuations by Hwang's counsel that the trades were above-board.
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June 18, 2024
Cozen O'Connor Names Ex-Arkansas AG As State AG Co-Lead
Philadelphia-based Cozen O'Connor announced on Tuesday the hiring of a former Arkansas attorney general to help lead the firm's state attorneys general group from its office in Little Rock.
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June 18, 2024
FTC Escalates Probe Into TikTok's Privacy Measures For Kids
The Federal Trade Commission on Tuesday took the rare step of publicly disclosing its referral to the U.S. Department of Justice of a complaint against TikTok and its parent company over their compliance with a 2019 privacy settlement, saying there's "reason to believe" that the companies are out of step with their pledge to protect children on the platform.
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June 18, 2024
Ga. Judge Won't Recuse Over Closed-Door Chat In YSL Case
A Georgia state judge on Tuesday denied a motion to disqualify himself from continuing to preside over Atlanta rapper Young Thug's racketeering trial, calling the bid "insufficient" and rejecting the rapper's claim that the judge had "joined the prosecutors' team" by unethically having a closed-door conversation with prosecutors and a witness.
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June 18, 2024
Korean Airline Can't Get $50M Catering Award Nixed
A California judge has enforced a $50 million arbitral award issued to a catering company following a dispute with South Korea's Asiana Airlines, rejecting an argument that the award couldn't be enforced because the underlying contract was tainted by corruption.
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June 18, 2024
Social Media Stock Promoter Beats Trader's Suit For Good
A Texas federal judge has tossed a suit from a stock trader alleging a social media stock promoter artificially drove up share prices, saying the promoter did not have any duty to disclose to the trader his plans to sell the shares.
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June 18, 2024
DC Bar Counsel Moves To Suspend Hunter Biden's Law License
Attorney disciplinary authorities in the nation's capital have moved to suspend Hunter Biden's license to practice law there after he was convicted of three federal gun charges last week.
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June 18, 2024
Ga. County Solicitor General Charged With Stealing Public Cash
A Georgia state grand jury on Tuesday issued a 24-count indictment against Hall County Solicitor General Stephanie Woodard that accuses her of using taxpayer dollars for her personal benefit for four years.
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June 18, 2024
2nd Circ. Says No Gov't Misconduct In Campaign Money Case
The Second Circuit on Tuesday reversed a ruling from a Connecticut federal judge that found prosecutors violated their evidence disclosure obligations in a campaign finance case against a former state senator and his treasurer.
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June 18, 2024
McElroy Deutsch Says Exec Embezzled Money For Home
McElroy Deutsch Mulvaney & Carpenter LLP has doubled down on its bid for a constructive trust on the home of two former executives accused of stealing from the firm.
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June 18, 2024
Restitution Plan For Lead-Test Defects Leaves Judge Uneasy
A Massachusetts federal judge on Tuesday questioned the legality of a plan to have a claims administrator, rather than the court, oversee victim compensation in a criminal case alleging Magellan Diagnostics hid information about inaccurate results in its lead-testing devices.
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June 18, 2024
Mich. AG To Pursue Deadlocked Charges In Carhartt Atty Case
Prosecutors will continue pursuing embezzlement charges against a Michigan attorney accused of stealing from his client, a former leader of the Carhartt workwear company, after a Wayne County jury couldn't reach a decision on those claims but acquitted the attorney on other charges.
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June 18, 2024
Foley Hoag Hires Former DOJ Fraud Section Deputy
Foley Hoag LLP has hired a former deputy chief of the U.S. Department of Justice's Fraud Section, who will work with the firm's white collar crime and government investigations practice in Washington, D.C.
Expert Analysis
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.
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Key Takeaways From 2024 Accountants' Liability Conference
At the recent annual Accountants' Liability Conference, regulators provided important commentary on new Public Company Accounting Oversight Board rulemaking and standard-setting initiatives, and emphasized regulatory priorities ranging from the tone at the top to alternative practice structures, say attorneys at Arnold & Porter.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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8 Steps Companies Should Take After An Internal Investigation
Given the U.S. Department of Justice’s increasing focus on corporate compliance and remediation of misconduct, companies must follow through in several key ways after an internal investigation to ensure history does not repeat itself, say Jonathan Aronie and Joseph Jay at Sheppard Mullin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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NY Public Campaign Funding May Attract Scrutiny From Feds
The upcoming elections across New York this year will be the first under the state’s public campaign finance program — which may broaden federal prosecutors' purview to target state election fraud and corruption, says Jarrod Schaeffer at Abell Eskew.
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Perspectives
Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle
The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Fintech Compliance Amid Regulatory Focus On Sensitive Data
The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.