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White Collar
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April 30, 2024
Kimmel Calls Mocking Santos' Cameo Vids 'Classic' Fair Use
Late-night TV host Jimmy Kimmel has urged a Manhattan federal court to toss a copyright complaint from indicted former congressman George Santos over Cameo clips the comedian tricked him into making for fodder on his show, saying videos to "mock a controversial political figure" are a "quintessential example" of fair use.
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April 30, 2024
Buffalo Judge Won't Be Ejected For Brawl, Ethics Failures
New York state's judicial ethics watchdog said Tuesday that a Buffalo judge should be censured but not removed following an investigation into a street fight with neighbors during which the judge shoved an officer and touted his ties to the mayor and police, among other ethical lapses.
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April 30, 2024
Trial Set For Lin Wood's Ex-Partners' Defamation Suit
Controversial attorney Lin Wood will face trial in August in a defamation case brought by his former law partners who say he falsely accused them of trying to extort him, a Georgia federal judge decided Tuesday.
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April 30, 2024
Attys, Broker Can't Escape $4M Tax Fraud Convictions
A North Carolina federal judge has denied acquittal requests from two tax attorneys and an insurance agent who were convicted for their roles in a $4 million tax avoidance scheme, saying he agreed with federal prosecutors who argued there was sufficient evidence for the underlying charges.
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April 30, 2024
Feds Endorse Easing Marijuana Status In Big Policy Shift
Federal drug enforcers will recommend loosening restrictions on cannabis for the first time since the drug was made federally illegal decades ago, a source familiar with the matter told Law360 on Tuesday.
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April 30, 2024
King & Spalding Adds Miami Atty To Gov't Investigations Team
A former federal prosecutor who was most recently a partner at Miami boutique Meland Budwick PA has joined King & Spalding LLP's special matters and government investigations practice, the firm announced Tuesday.
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April 30, 2024
New Florida Moms To Be Excused From Jury Duty
Floridian women who have recently given birth will soon be excused from jury duty, with Gov. Ron DeSantis signing a bipartisan bill into law last week.
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April 30, 2024
Binance Founder Gets 4 Mos. For Lax Money Laundering Policy
Binance founder Changpeng Zhao was sentenced Tuesday to four months in prison for his failure to implement an effective anti-money laundering program at the global crypto exchange, as a federal judge rejected a more severe punishment sought by the government citing concerns about sentencing disparity.
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April 30, 2024
Ex-Mass. Pol Can't Sink Fraud Case With 'Imaginative' Attacks
A Boston federal judge on Tuesday rejected what he called an "imaginative and novel" effort by a former Massachusetts politician to dismiss charges of lying to get COVID-19 relief funds and underreporting income on his taxes.
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April 30, 2024
Ex-DOJ Antitrust Atty Joins Kressin Meador As Name Partner
A former U.S. Department of Justice official who most recently worked at Fried Frank Harris Shriver & Jacobson LLC has joined antitrust boutique Kressin Meador Powers LLC, formerly known as Kressin Meador LLC, as a name partner.
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April 30, 2024
Jury Convicts Ill. Biz Owner Of $1.3M VA Kickback Scheme
An Illinois business owner was convicted on Monday of eight counts of wire fraud for paying kickbacks to a U.S. Department of Veterans Affairs clerk in exchange for what prosecutors called "bogus" monthly rental fees.
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April 30, 2024
Ga. High Court Tosses Atty's Road Rage Murder Conviction
The Supreme Court of Georgia threw out the murder conviction of a former corporate lawyer who was convicted of killing a real estate developer in a road rage incident, ruling Tuesday that the trial court erred by refusing to instruct the jury on the attorney's defense that the death was accidental.
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April 30, 2024
Trump Held In Contempt For Trashing Witnesses In NY Trial
A New York state judge on Tuesday found former President Donald Trump in contempt of court for repeatedly violating a gag order in his criminal hush money case by publicly attacking expected witnesses, including his former attorney Michael Cohen.
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April 30, 2024
Coverage Recap: Day 5 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day five.
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April 29, 2024
'I Don't Want To Try That Case,' Judge Tells Mike Lynch's Atty
The California federal judge overseeing Autonomy founder Michael Lynch's fraud trial over claims he duped HP into paying an inflated $11.7 billion for his company pushed back Monday against an attempt by Lynch's lawyer to introduce evidence of events that took place after the acquisition, saying, "I don't want to try that case."
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April 29, 2024
Hunter Biden Threatens To Sue Fox News For 'Revenge Porn'
An attorney representing Hunter Biden threatened Fox News with a lawsuit over allegations it violated New York's "revenge porn" law by publishing nude pictures of him taken off his notorious laptop, according a letter obtained Monday by Law360.
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April 29, 2024
'Hell No': Judge Rejects Ex-NSA Worker's Lighter Sentence Bid
A Colorado federal judge on Monday sentenced a former National Security Agency employee to nearly 22 years in prison for trying to sell classified national security information to someone he believed to be a Russian agent, calling the conduct "as close to treasonous as you can get."
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April 29, 2024
Terraform Says SEC's $5.4B Sanction Bid Fails Under Morrison
Crypto firm Terraform Labs and its founder Do Kwon struck back at the U.S. Securities and Exchange Commission's $5.4 billion sanctions request following its trial win, filing dual briefs Monday that argued the regulator has only shown that "a small number" of allegedly illegal token sales took place in the U.S. and under its jurisdiction as outlined in the U.S. Supreme Court's Morrison decision.
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April 29, 2024
TD Ameritrade Fined $600K Over Flawed Automated Approvals
TD Ameritrade Inc. has agreed to pay a $600,000 fine to the Financial Industry Regulatory Authority, which alleged the online stock trading platform relied on an inadequate automated approval system for options trading that allowed risk-prone customers to be approved for certain trades despite red flags.
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April 29, 2024
High Court Uncertainty Stalls SEC Case Against Marcum CPA
The U.S. Securities and Exchange Commission has agreed to stay an in-house proceeding against a partner at accounting firm Marcum LLP accused of failing to properly oversee public company audits, saying that an impending U.S. Supreme Court ruling could call into doubt the agency's ability to fine the accountant.
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April 29, 2024
Insurer Looks To Block $5.3M Theft Claim From Tribal Court
An Ohio-based insurance company has sued several members of the Miccosukee Tribe of Indians of Florida, asking a Florida federal court to exercise jurisdiction in a coverage dispute over a $5.3 million loss from the tribe's casino by former employees.
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April 29, 2024
1st Circ. Slashes Atty's Convictions In Email Fraud Case
An Illinois lawyer convicted of receiving proceeds from a business email compromise scheme had three of six counts vacated Monday by the First Circuit, which ruled that Massachusetts wasn't the right venue for those charges.
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April 29, 2024
NY Atty Gets 10 Years In Prison For Trying To Have Ex Killed
A New York attorney convicted of arranging to pay a hitman to murder the mother of his two young children has been sentenced in California federal court to 10 years behind bars, the U.S. Department of Justice announced Friday.
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April 29, 2024
Diddy Calls 1991 Rape Claim 'False, Offensive And Salacious'
Sean "Diddy" Combs has asked a New York court to trim one of the multiple sexual assault suits he is facing, calling plaintiff Joi Dickerson-Neal's allegations of a 1991 rape "false, offensive and salacious."
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April 29, 2024
Ex-COO Of Mo. Charity Gets 3 Years For Bribing Officials
The former chief operating officer of a Missouri-based healthcare charity was sentenced to three years in prison Monday after admitting she and her husband, the charity's ex-chief financial officer, conspired to bribe elected officials in Arkansas, according to Missouri federal court documents.
Expert Analysis
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Unpacking The Bill To Extend TCJA's Biz-Friendly Tax Breaks
Attorneys at Skadden examine how a bipartisan bill currently being considered by the U.S. Senate to save the Tax Cuts and Jobs Act's tax breaks for research and development costs, and other expiring business-friendly provisions, would affect taxpayers.
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SEC Off-Channel Comms Action Hints At Future Enforcement
Although the U.S. Securities and Exchange Commission’s recent enforcement action against Senvest does not shed light on how the agency will calibrate penalties related to off-channel communications violations, it does suggest that we may see more cases against standalone investment advisers, say attorneys at Sidley.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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Georgia's Foreign Lobbying Bill Is Not A FARA Copycat
Though a recently passed bill in Georgia aims to mirror the transparency goals of the federal Foreign Agents Registration Act by imposing state-specific disclosure requirements for foreign lobbyists, the legislation’s broad language and lack of exemptions could capture a wider swath of organizations, say attorneys at Holtzman Vogel.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Tips For Balanced Board Oversight After A Cyberincident
The U.S. Securities and Exchange Commission's cybersecurity disclosure rules, as well as recent regulatory enforcement actions bringing board governance under scrutiny, continue to push boards toward active engagement in relation to their cyber-oversight role, despite it being unclear what a board's level of involvement should be, say attorneys at Alston & Bird.
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Breaking Down DOJ's Individual Self-Disclosure Pilot Program
The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.
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Ensuring Nonpublic Info Stays Private Amid SEC Crackdown
Companies and individuals must take steps to ensure material nonpublic information remains confidential while working outside the office, as the U.S. Securities and Exchange Commission continues to take enforcement actions against those who trade on MNPI and don't comply with new off-channel communications rules in the remote work era, say attorneys at BakerHostetler.
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Opinion
Seafarer Detention Under Ship Pollution Law Must Have Limits
The U.S. Coast Guard should reinstate limits on the number of days that foreign crew members may be forced to remain in the country while the U.S. Department of Justice investigates alleged violations of shipping pollution laws, in order to balance legitimate enforcement interests and seafarer welfare, say attorneys at Blank Rome.