White Collar

Expert Analysis

• Madoff Recovery's Next Steps After Justices' Petition Pass

  

  The U.S. Supreme Court’s recent refusal to review a Second Circuit decision allowing recovery of funds Bernie Madoff transferred outside the U.S. leaves open the question of whether the clawback initiative’s claims will survive given the strict pleading and proof standards that have evolved over the last 12 years of litigation, say attorneys at Quarles & Brady.

• An Inside Look At DOJ Fight Against COVID-19 Price-Gouging

  

  New Jersey U.S. Attorney Craig Carpenito and Assistant U.S. Attorney Nicholas Grippo share how the U.S. Department of Justice is combating hoarding and price-gouging of medical supplies and analyze some of the prosecutions a new task force has brought during the pandemic.

• The Research Compliance Landscape Is Evolving Quickly

  

  Government actions against researchers with undisclosed connections to China, as well as legislation designed to safeguard U.S. research, reinforce the probability that new rules for global collaboration and foreign engagement are on the horizon, say attorneys at Ropes & Gray.

• Opinion

  It's Time For Law Firms To Support Work-From-Home Culture

  

  Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

• Opinion

  Republicans Keep Confirming Unqualified Judicial Nominees

  

  What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

• Tips For Crafting The Perfect Law Firm Alert

  

  As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

• What Ebola Crisis Can Teach Us About COVID-19 Compliance

  

  What occurred during and as a result of the Ebola outbreak is informative of what companies may face in the wake of the COVID-19 pandemic, including fraud related to charitable donations, government contracts and border crossings, say attorneys at Orrick.

• PPP Fraud Actions Highlight Importance Of Lender Vigilance

  

  The U.S. Department of Justice's first wave of enforcement actions against individuals fraudulently seeking Paycheck Protection Program loans demonstrates the key role that financial institutions play in monitoring and reporting suspicious applications, say attorneys at Arnold & Porter.

• Sanctions Order May Accelerate Decline In US-ICC Relations

  

  President Donald Trump's recent executive order authorizing sanctions against participants in the International Criminal Court investigation of U.S. military operations in Afghanistan may be intended as a warning, but could become another point of contention for EU states that are increasingly frustrated with U.S. sanctions policy, say attorneys at Crowell & Moring.

• Series

  Judging A Book: Elrod Reviews 'Shortlisted'

  

  Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

• Mandatory State Bars Likely To Remain Intact, For Now

  

  A Texas federal judge’s recent holding in McDonald v. Sorrels that mandatory bar memberships do not violate members' constitutional rights indicates that such requirements survive the U.S. Supreme Court's 2018 decision in Janus, but it may mean that the Supreme Court will address the issue in the not-too-distant future, say Majed Nachawati and Misty Farris at Fears Nachawati.

• Perspectives

  Unfairness In Prisoner Litigation Is Baked Into Statute

  

  Inmate litigants have a new hurdle to clear because of the U.S. Supreme Court's decision this month in Lomax v. Ortiz-Marquez, but the court merely did as Congress said in the Prison Litigation Reform Act, says David Shapiro at the Roderick and Solange MacArthur Justice Center.

• The Law Behind The Strange Departure Of US Atty Berman

  

  In the wake of this weekend's confusing, contradicting statements regarding the removal of Geoffrey Berman as U.S. attorney for the Southern District of New York, it is useful to ask what law governs here, why the standoff with Attorney General William Barr ended the way it did, and what history teaches us about these circumstances, says Daniel Levy at McKool Smith.

• 11 Keys To Success At Remote Mediation

  

  Attorneys should accept that remote mediation may be their only current option for resolving a dispute and take steps to obtain a fantastic outcome for their clients, including making sure the right people attend the remote mediation and beginning the session with an apology, says Eric Meyer at FisherBroyles.

• Pandemic Could Bring Student Exodus From Legal Profession

  

  A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.