White Collar

  • June 03, 2020

    Contrite Swiss Atty Avoids Jail In Microcap Fraud Case

    A Swiss attorney was sentenced to probation on Wednesday for his part in a $164 million penny stock fraud scheme after a Massachusetts federal judge credited his "efforts to seek redemption" by voluntarily coming to the U.S. to plead guilty and apologize for his conduct. 

  • June 02, 2020

    DC Circ., Group Spar Over Deposing Clinton In Email Saga

    A conservative watchdog's lower court victory ordering Hillary Clinton to sit for a sworn deposition over her use of a private email server as secretary of state appeared to be on shaky ground after the D.C. Circuit cast doubts on the presiding judge's authority to grant such relief.

  • June 02, 2020

    6th Circ. Won't Make Exceptions For COVID-19 Release Bids

    A Sixth Circuit panel affirmed a Michigan federal judge's decision to toss an elderly and sickly inmate's emergency motion for compassionate release Tuesday, saying in a published opinion that it would not prioritize COVID-19-related requests as it would compromise the orderly processing of applications for early release.

  • June 02, 2020

    Bitcoin ATMs Likely To Be Next Crypto Regulatory Hotspot

    The total amount of stolen cryptocurrency in 2020 is gearing up to be the second-highest on record, according to a report by crypto anti-money-laundering intelligence firm CipherTrace that predicted Bitcoin ATMs will likely be the next target for regulators.

  • June 02, 2020

    White House Lawyer Confirmed As Virus Relief Watchdog

    The U.S. Senate on Tuesday confirmed a White House lawyer to monitor billions, possibly trillions, in pandemic relief, with just one Democrat joining Republicans to approve the former General Services Administration watchdog.

  • June 02, 2020

    DOJ Urges Data Access In Compliance Manual Tweaks

    The Department of Justice has updated the guidance used by prosecutors in its criminal division to probe corporate compliance programs, including new language that stresses the importance of programs that adapt quickly while placing particular emphasis on personnel's access to data and the effectiveness of reporting hotlines.

  • June 02, 2020

    Pryor Cashman Suspends Atty Charged In Molotov Attack

    Pryor Cashman LLP on Tuesday said it has suspended an associate who's charged in connection with a Molotov cocktail attack on a New York City Police Department vehicle amid the recent wave of protests, while New York federal prosecutors asked the Second Circuit to stay a court's order granting him bail.

  • June 02, 2020

    Manhattan Prison Can Fix COVID-19 Concerns, Judge Says

    A federal judge on Tuesday urged counsel for inmates suing the Metropolitan Correctional Center over COVID-19 concerns to work on a settlement with the Manhattan prison, saying alleged missteps are within its power to fix and indicating a preference not to issue injunctions.

  • June 02, 2020

    Mass. Inmate Testing Plan Helps Sink COVID-19 Release Case

    Massachusetts' top court denied a plea Tuesday to depopulate prisons due to COVID-19 risks, saying the state's offer to test every inmate and its thoughtful response to the pandemic undermine claims that officials have acted with deliberate indifference to the crisis.

  • June 01, 2020

    Drug Co. Wants 'Free Pass' For Shady Opioid Sales, DOJ Says

    A drug distributor and two executives indicted for allegedly conspiring to flood Appalachia with opioids are brazenly arguing they had "carte blanche" to sell highly addictive painkillers without a legitimate medical need, the U.S. Department of Justice told an Ohio federal court Monday.

  • June 01, 2020

    Imprisoned NECC Pharmacist Can't Get COVID-19 Release

    A Boston federal judge has refused to release a pharmacist connected to a deadly meningitis outbreak from prison on compassionate-release grounds related to the spread of the novel coronavirus inside prisons, saying there's nothing "extraordinary" about the man's situation.

  • June 01, 2020

    Judge Defends Refusal To 'Rubber Stamp' DOJ's Flynn Move

    A D.C. federal judge on Monday defended his decision to probe the government's abrupt request to abandon former national security adviser Michael Flynn's criminal case, telling the D.C. Circuit he has appropriately decided to seek outside input and isn't bound by any court rule or judicial precedent "to serve as a mere rubber stamp."

  • June 01, 2020

    Organized Crime Scholar Cops To Money Laundering

    Former University of Miami professor Bruce Bagley on Monday admitted to laundering money sent from bank accounts in Switzerland and the United Arab Emirates, funds he was told were obtained through corruption in connection with Venezuelan public works projects.

  • June 01, 2020

    Bail For Pryor Cashman Atty Charged In NYC Molotov Attack

    Two Brooklyn federal judges signed off Monday on bail applications by two attorneys accused of firebombing a vacant police vehicle and offering Molotov cocktails to others amid protests in Brooklyn, releasing them to home confinement over the government's strident objections.

  • June 01, 2020

    King & Spalding Fights DQ Bid In WhatsApp Hacking Suit

    King & Spalding LLP fired back at WhatsApp's "drastic" bid to disqualify the law firm from representing an Israeli spyware company that the messaging app has accused of hacking its users' phones, arguing that FBI Director Christopher Wray and two others who previously advised WhatsApp departed the firm "long before" the suit was filed last year.

  • June 01, 2020

    JPMorgan Ducks Ponzi Scheme Claims At 11th Circ.

    The Eleventh Circuit ruled Monday that the receiver for two entities used to swindle investors in a Ponzi scheme did not have standing to bring claims that JPMorgan Chase Bank NA, where the companies had bank accounts, aided and abetted the scheme.

  • June 01, 2020

    Hospitalized DuPont IP Thief Seeks Release Over COVID-19

    The first person ever convicted of economic espionage by a federal jury, for stealing manufacturing secrets from DuPont Co. and selling the information to Chinese-owned companies, has asked for early home release, saying he contracted COVID-19 in prison and is on a ventilator.

  • June 01, 2020

    Pa. County Cut From $14M Privacy Settlement Processing

    Citing the potential for additional cost and squabbling among the attorneys, a Pennsylvania federal judge on Monday said she would not allow a Philadelphia-area county to take direct responsibility for cutting checks from a potential $14 million settlement to resolve class claims over its illegal publication of criminal records online.

  • June 01, 2020

    Gov't Hoops Trial Witness Wants Out Of Adidas Civil Claims

    A financial manager who made an illicit payment to the father of a former University of Louisville basketball recruit and was a key government witness in a criminal case over the scheme urged a South Carolina federal court to toss related civil racketeering claims by Adidas in a lawsuit claiming the payment tanked the recruit's college basketball career.

  • June 01, 2020

    'Tiger King' Nemesis Wins Control Of Zoo Property

    A federal judge on Monday ordered the zoo at the center of Netflix's smash-hit documentary series "Tiger King" to vacate its Oklahoma property and hand over control to animal rights activist Carole Baskin and her Big Cat Rescue.

  • June 01, 2020

    Feds Sue Contractor For False Claims On NJ Turnpike Project

    The U.S. government has sued a construction company and accused it of violating the False Claims Act by claiming to work with businesses run by socially and economically disadvantaged individuals during its time as a subcontractor on a New Jersey Turnpike project.

  • June 01, 2020

    Avenatti's Calif. Trial Pushed To December Over COVID-19

    A California federal judge on Monday delayed attorney Michael Avenatti's embezzlement trial by three months, setting a Dec. 8 criminal jury trial while acknowledging the ongoing COVID-19 health crisis makes it difficult to predict with any certainty if that date will stick.

  • June 01, 2020

    JPMorgan Hit With Another Futures Spoofing Class Action

    The latest of several proposed class actions alleging JPMorgan Chase has been manipulating futures markets since 2009 though the illegal trading strategy called spoofing was filed Friday in Illinois federal court.

  • June 01, 2020

    Supreme Court Allows $3B Madoff Clawback Ruling To Stand

    The U.S. Supreme Court on Monday declined to hear an appeal of a Second Circuit ruling that the trustee for Bernie Madoff's fraudulent investment firm can claw back billions in Ponzi scheme proceeds transferred from foreign Madoff feeder funds to other foreign parties.

  • June 01, 2020

    Boies Adds 2 From DOJ As Another Partner Exits In NY

    Boies Schiller Flexner LLP, which is undertaking a firmwide restructuring process, announced Monday it has hired two partners from within the ranks of the U.S. Department of Justice to bolster its white collar and trial capabilities in Washington, D.C., and Los Angeles.

Expert Analysis

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Will Grand Juries Ever Recover From The Pandemic?

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    Data from the U.S. Department of Justice reflects poorly on the use of the grand jury as either an investigative tool or a bulwark against unfounded prosecutions, and assuredly the pandemic has not changed this trend, says Michael Loucks at Skadden.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Where We Are In The US Trade Secret Crackdown On China

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    As the U.S. Department of Justice continues to focus on prosecuting trade secret theft by China, U.S. companies are also filing private civil lawsuits against Chinese companies in federal courts, relying on both the Defend Trade Secrets Act and state trade secret laws, say attorneys at Wiggin and Dana.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • How Hollywood Can Inspire Courtroom Presentations

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    As attorneys patiently wait for jury trials to resume, they can explore three effective transition techniques commonly used in movies to bring their courtroom PowerPoint presentations to the next level, say Adam Bloomberg and David Metz at Litigation Insights.

  • A Bankruptcy Probe Primer For White Collar Attorneys

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    As white collar attorneys are increasingly asked to assist with bankruptcy-related investigations by unsecured creditors due to the current economic environment, they should follow best practices concerning discovery, appointment of independent board members, and malpractice claims, say attorneys at Lowenstein Sandler.

  • Pandemic Elevates Cos.' Compliance Risks In Latin America

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    While Latin American governments respond to pandemic-related financial needs, multinational companies face elevated compliance risks from increased interaction with government officials, and new enforcement policies related to the misappropriation of funds, expedited government contracting, increased transparency and monitoring, and international cooperation, say attorneys at K&L Gates.

  • Defending Remote Testimony In White Collar, Securities Cases

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    The COVID-19 shift to remote witness testimony in white collar and U.S. Securities and Exchange Commission investigations changes how both sides handle documents, investigate and interact, and will require defense lawyers to reconsider how they present their clients, say attorneys at Richards Kibbe.

  • Trial By Webcam: Tips From A Firsthand Experience

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    Initially incomprehensible, it turns out that conducting trial by video is reasonable and relatively convenient, as long as lawyers do not try to recreate the courtroom experience, say Wheeler Trigg attorneys Joel Neckers and Peter Herzog, who recently participated in an online bench trial in United Power v. Tri-State before the Colorado Public Utilities Commission.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Justices Should Construe Computer Fraud Law Narrowly

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    In U.S. v. Van Buren, the U.S. Supreme Court should follow burglary and trespass cases to limit the Computer Fraud and Abuse Act’s scope to accessing or misusing employer data and avoid the absurd result of criminalizing an employee's unauthorized Facebook visit, say Anthony Volini and Karen Heart at DePaul University.

  • Opinion

    Fla. Felon Voting Decision Interprets Constitution Incorrectly

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    The recent Florida federal court ruling in Jones v. DeSantis — that preventing convicted felons from voting if they can’t afford their legal financial obligations is unconstitutional — was wrongly decided because disenfranchisement neither violates equal protection nor constitutes a poll tax, says attorney R. D. Kelly.

  • Justices' SEC Disgorgement Ruling May Shape FCPA Matters

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    The U.S. Supreme Court’s upcoming opinion in Liu v. U.S. Securities and Exchange Commission may call into question when Foreign Corrupt Practices Act settlements should be subject to disgorgement, say Matthew Rutter and Neal Hochberg at Charles River Associates.

  • What OFAC Means By A Risk-Based Approach To Compliance

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    Even though the Office of Foreign Assets Control has acknowledged COVID-19 challenges, the agency still expects companies to take a risk-based approach to sanctions compliance by routinely updating programs that reflect their individual business models, customer bases and geographic operations, say Mario Mancuso and Abigail Cotterill at Kirkland & Ellis.

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