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White Collar
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June 03, 2024
Jury Trials Dwindle In State Courts; Fall Started Before COVID
Jury trials have continued to "vanish" from state courts, despite seeing a slight bump following the pandemic shutdowns, with 2021 seeing fewer than half the number of jury trials as 2019 and one-third the number held in 2007, according to a new report from the National Center for State Courts.
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June 03, 2024
2nd Circ. Reverses Polish Woman's Removal For Drug Offense
The Second Circuit revived a Polish immigrant's bid to cancel her deportation from the U.S., saying her drug conviction under New Jersey state law for distributing cocaine didn't qualify as an aggravated felony under a comparable federal law.
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June 03, 2024
Tax Crime Lacked 'Meeting Of Minds' With Atty, 5th Circ. Told
A Houston personal injury attorney told the Fifth Circuit on Monday that prosecutors didn't provide enough evidence at trial to show that he intentionally planned to help another lawyer evade federal income taxes as he pushed the court to vacate his conviction for his involvement in a multimillion-dollar ambulance-chasing kickback scheme.
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June 03, 2024
Skadden Adds Ex-SDNY Deputy US Attorney As Partner
Skadden Arps Slate Meagher & Flom LLP is adding a former top federal prosecutor who recently worked on cases against FTX founder Sam Bankman-Fried and Archegos Capital Management founder Bill Hwang as a partner in New York, the firm announced Monday.
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June 03, 2024
Cozen O'Connor Hires Sidley Securities Litigator In NY
Cozen O'Connor has hired a longtime Sidley Austin LLP associate who joins the firm's New York City office to continue his practice focused on a range of securities matters, the firm announced Monday.
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June 03, 2024
DC Settles Tax Fraud Suit Against Tech Co. Founder For $40M
The District of Columbia will collect $40 million from the founder of a technology and bitcoin holding company to settle a whistleblower complaint that alleged tax fraud, the district's attorney general said Monday.
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June 03, 2024
Del. Judge Seats Federal Jury In Hunter Biden Trial Opener
A Delaware federal judge seated a jury late Monday in presidential son Hunter Biden's trial on three felony firearm charges related to his October 2018 handgun purchase while allegedly addicted to illegal drugs.
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June 03, 2024
Justices To Hear Mob Case Over 'Violent' Crimes Of Inaction
The U.S. Supreme Court on Monday agreed to hear the case of an alleged associate of New York's Genovese crime family in which the reputed mobster, and the government, argued that the justices should resolve a circuit split over whether crimes of violence can be committed through inaction.
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June 03, 2024
Calif. Justices Free Woman From Misdemeanor Pot Charges
The California Supreme Court has thrown out misdemeanor cannabis-related charges against an 85-year-old woman, finding the trial court was within its discretion to consider her lack of knowledge of the unlicensed operation happening in her building.
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June 03, 2024
High Court Won't Hear Arguments On Madoff Clawback Math
The U.S. Supreme Court on Monday declined to hear arguments by an investor in Bernie Madoff's Ponzi scheme for overturning a Second Circuit decision on how to calculate the amount of investor withdrawals that can be clawed back to the Madoff bankruptcy estate.
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June 03, 2024
Justices Won't Review Migrant Harboring Convictions
The U.S. Supreme Court won't review a Kentucky federal jury's verdict convicting two restaurateurs on four counts of harboring unauthorized immigrants, shutting down those business owners' arguments they were not intentionally hiding the migrants from the government.
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June 03, 2024
DC White Collar Atty Leaves Baker Botts To Launch Solo Firm
After a career that has so far spanned government service, BigLaw and academia, Washington, D.C.-based white collar attorney Steve Solow is setting up his own shop.
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
FirstEnergy Denied Bid To Boost Objection To Discovery Order
An Ohio federal judge on Friday denied FirstEnergy Corp.'s objections to not having a chance to further support its bid to shield internal investigative documents from a class of investors and two of its indicted former executives, saying the objections are moot because they've already been overruled.
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May 31, 2024
Girardi Not Famous Like Avenatti, Feds Say In Panning Jury Form
Prosecutors pushed back Friday on Tom Girardi's request to ask prospective jurors in his California federal fraud trial if they have seen his wife's television show or reports about his law firm's scandal, saying Girardi's fame is not similar to convicted attorney Michael Avenatti's, whose case included a written juror questionnaire.
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May 31, 2024
Nigerian Fintech's Execs Sued Over Alleged Company Fraud
The current and former top brass of Nigerian fintech company Tingo Group Inc. have been hit with a derivative suit in New Jersey federal court over revelations of fraud at the company, which has led to other litigation, including actions launched by the U.S. Securities and Exchange Commission and the U.S. Department of Justice.
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May 31, 2024
Chinese Nationals Nabbed In $12M Counterfeit Apple Scam
The U.S. Department of Justice announced Friday that five Chinese nationals are accused of running a massive scheme to return thousands of counterfeit iPhones, iPads and other Apple products in exchange for genuine devices, costing the tech company at least $12.3 million in losses.
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May 31, 2024
Frank Execs Must Keep Fighting JPMorgan Fraud Indictment
A New York federal judge has refused to throw out an indictment accusing two former executives of a student financial aid startup of tricking JPMorgan Chase & Co. into a buyout, according to an order filed Friday.
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May 31, 2024
NY Trump Verdict May Make Finding Ga. Jurors Harder
Former President Donald Trump's felony conviction in New York could make the already daunting task of finding fair and impartial jurors to serve on the jury in the Georgia election interference case even more difficult when it reaches trial, legal experts told Law360 on Friday.
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May 31, 2024
DOJ Looks To End A Legacy Of Bias In Sex Assault Cases
The U.S. Department of Justice says that legal fallacies and misogynistic stereotypes often lead prosecutors to decline to charge alleged perpetrators of sexual violence, but new guidance from the department is pushing prosecutors to give more credence to victims and see that their claims are more thoroughly investigated.
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May 31, 2024
Fla. Judge Won't Nix SEC Suit Over $112M Ponzi Scheme
A Florida federal judge declined on Friday to let the owner of a Florida trucking and logistics company escape allegations by the U.S. Securities and Exchange Commission that he scammed more than 1,500 investors out of about $112 million in a Ponzi scheme aimed at Haitian Americans.
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May 31, 2024
Group Sued Over Immigrants' Benefits Too Late, Panel Holds
A Michigan state appeals court has nixed a nonprofit's challenge to the court's ruling that working while unauthorized is a crime and that immigrant workers are not entitled to benefits once their unauthorized status is discovered, saying the group brought the lawsuit in an untimely manner.
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May 31, 2024
How Trump's Hush Money Sentencing Could Get 'Dicey'
Now convicted of nearly three dozen felonies, former President Donald Trump must move through the machinery of the New York state court system's sentencing process, which involves sitting down for an interview with a probation officer and a chance to directly address a judge he's called biased and "corrupt."
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May 31, 2024
NY Appeals Court Backs Trimming Of 50 Cent Liquor Spat
A New York appeals court has said a lower court rightly dismissed some components of a suit brought by a fine liquors company owned by rapper 50 Cent, allowing Jim Beam and its parent company to escape the rapper's claims they aided a fraud and rejecting his request for punitive damages and attorney fees.
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May 31, 2024
Former Navy Vice Chief Indicted On Bribery Charges
Retired U.S. Navy Vice Chief of Naval Operations Adm. Robert Burke and the co-CEOs of a Navy contractor, Yongchul "Charlie" Kim and Meghan Messenger, have been indicted over an alleged bribery scheme to steer contracts to the executives' company, the U.S. Department of Justice announced Friday.
Expert Analysis
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Opinion
White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'
Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.
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CFTC Moves May Boost Interest In Voluntary Carbon Markets
As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.
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Sentencing Shift Might Not Help Most White Collar Defendants
Many have lauded the new zero-point offender adjustment in the U.S. sentencing guidelines, which may provide a pathway for noncustodial sentences for first-time offenders — but given the types of cases federal prosecutors often pursue, it likely won't offer much relief to white collar defendants, says Saurish Appleby-Bhattacharjee at BCLP.
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2 SEC Orders Illuminate Bribery Risks For US-China Cos.
The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.
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Opinion
High Court's Gifts Problem Taints Public Corruption Cases
A history of U.S. Supreme Court justices failing to disclose luxurious gifts from wealthy donors coincides with a troubling line of court precedent overturning jury convictions in public corruption cases, indicating that perhaps justices aren't presently fit to be making these decisions, says Sen. Sheldon Whitehouse, D-R.I.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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As Promised, IRS Is Coming For Crypto Tax Evaders
The IRS is fulfilling its promise to crack down on those who have neglected to pay taxes on cryptocurrency earnings, as demonstrated by recently imposed prison sentences, enforcement initiatives and meetings with international counterparts — suggesting a few key takeaways for taxpayer compliance, say attorneys at BakerHostetler.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Following Banking Regulators' Breadcrumbs To 2024 Priorities
Through blog posts, speeches, and formal guidance and regulations, prudential and other federal and state financial regulators laid out a road map last year pointing to compliance priorities that should be reflected in financial institutions' planning this year, say Laurel Loomis Rimon and Gina Shabana at Jenner & Block.
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New SDNY Whistleblower Program May Be A Game-Changer
A new pilot program in the U.S. Attorney’s Office for the Southern District of New York promises to immunize from prosecution certain individuals who blow the whistle on financial crimes and corruption, and if similar self-disclosure programs are any indication, this significant new policy may measurably increase white collar investigations, say attorneys at Paul Hastings.
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1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight
In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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A Guide To New Russia Sanctions For Foreign Financial Cos.
Attorneys at Foley Hoag take foreign financial companies on a deep dive into the compliance advice the U.S. Office of Foreign Assets Control issued after President Joe Biden's December executive order widened a Russian import ban and authorized sanctions against businesses that transact with Russia's military-industrial base.
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How Russia Sanctions Bills Could Reshape Asset Forfeiture
Several U.S. legislative proposals to seize billions in frozen Russian assets for post-war reconstruction of Ukraine would bypass traditional asset forfeiture guardrails, making it crucially important that practitioners remain vigilant and understand when to proactively engage with the government, say attorneys at Kasowitz.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.