White Collar

  • June 23, 2022

    High Court Blocks Civil Miranda Suits Against Cops

    Police officers cannot be subject to civil liability for failing to warn criminal suspects of their right against self-incrimination, the U.S. Supreme Court's conservative majority said Thursday, holding that Miranda warnings are not a constitutional guarantee.

  • June 23, 2022

    Justices Give Inmates Path To Swap Execution Methods

    The U.S. Supreme Court ruled Thursday that state death row inmates can ask to be executed in a method not approved in their states by filing a civil rights suit, reversing a ruling by the Eleventh Circuit that compelled the prisoners to file habeas corpus petitions instead.

  • June 22, 2022

    Giuliani Associate Lev Parnas Urges No Prison At Sentencing

    Former Rudy Giuliani associate Lev Parnas is hoping to avoid prison time when he's sentenced next week for campaign finance violations as well as conspiring to defraud investors in his anti-fraud startup, arguing that he'd cooperated with Congress with its impeachment inquiry into former President Donald Trump.

  • June 22, 2022

    Trump Ally Can't Escape Illegal Lobbying Charges

    Businessman and former Donald Trump adviser Thomas Barrack can't escape charges that he sought hundreds of millions of dollars in investments from the United Arab Emirates while secretly lobbying on behalf of the Middle Eastern country, a Brooklyn federal judge ruled Wednesday.

  • June 22, 2022

    LA Fundraiser Says He Was Urged To Blame Huizar For Bribes

    A real estate appraiser who allegedly served as a middleman facilitating cash bribes from a real estate developer to former Los Angeles City Council member José Huizar told jurors Wednesday that the developer urged him to place all the blame on Huizar if questioned by law enforcement. 

  • June 22, 2022

    Balwani's Atty Tells Jury Romance With Holmes Not A Crime

    Former Theranos executive Ramesh "Sunny" Balwani's attorney told a California federal jury during closing arguments in his criminal fraud trial Wednesday that Balwani's romantic relationship with ex-CEO Elizabeth Holmes doesn't prove he committed a crime, noting their text messages never say, "Let's do crime, let's cheat people, let's deceive people."

  • June 22, 2022

    Ex-Fla. Mayor Gillum Indicted On Corruption Charges

    Former Tallahassee, Florida, Mayor Andrew Gillum was indicted Wednesday on corruption charges over the alleged misuse of campaign funds while he was in office and during his 2018 gubernatorial run against Gov. Ron DeSantis.

  • June 22, 2022

    Whistleblowing Citibank Analyst Denied Share Of $400M Fine

    A New York federal judge on Wednesday refused to award a Citibank senior risk analyst a cut of the $400 million fine levied against the bank, finding that her whistleblower allegations don't have anything to do with the Office of the Comptroller of the Currency's settlement and resulting penalty.

  • June 22, 2022

    DOJ Fights Bid To Duck Pandemic Wage-Fixing Charges

    The U.S. Department of Justice is contesting a dismissal bid by operators of four Maine home health care agencies who were indicted on allegations that they conspired to fix pay rates in order to avoid competing with each other for workers during the pandemic.

  • June 22, 2022

    Ex-Pharma Exec Cops To Insider Trading With Former CFO

    The former head of corporate communications for Immunomedics admitted Wednesday in New Jersey federal court to engaging in an insider trading scheme in which the biopharmaceutical company's then-chief financial officer allegedly shared nonpublic information about a breast cancer drug with her while they were dating.

  • June 22, 2022

    Calif. Pot Co. Nabs Atty Fees In License Fight With LA Suburb

    Cannabis company From the Earth LLC won its request seeking nearly $60,000 in attorney fees from a Los Angeles suburb that had spent years trying to nix a lawsuit the company filed over a purported kickback scheme tied to the issuance of cannabis licenses.

  • June 22, 2022

    DOJ Official Confirms CCO Certs. Are New Settlement Staple

    A senior official in the U.S. Department of Justice's fraud section said Wednesday that companies can expect a new policy requiring that chief compliance officers certify agreements with the department to "most likely" be part of every new deal moving forward.

  • June 22, 2022

    Atty Aiding Jan. 6 Panel Poised To Leave Post

    A senior investigator for the House committee looking into the Jan. 6 insurrection at the U.S. Capitol will be leaving his post this week, he confirmed to Law360 on Wednesday.

  • June 22, 2022

    DC, 6th Circ. Picks Tout Broad Experience In Senate Hearing

    President Joe Biden's nominees for the D.C. and Sixth Circuits appeared before the Senate Judiciary Committee Wednesday, touting their diverse experience and qualifications in a relatively low-key hearing that featured limited questioning from senators on the panel.

  • June 22, 2022

    NFL, Snyder 'Obstructed' Sex Misconduct Probe, Memo Says

    The NFL, the Washington Commanders and team owner Daniel Snyder, with the counsel of Reed Smith LLP, obstructed and then buried attorney Beth Wilkinson's investigation into widespread sexual harassment at the franchise, according to a Wednesday memo released by a congressional committee.

  • June 22, 2022

    McGuireWoods Taps Ex-Jones Day Defense Pro For NY Office

    McGuireWoods LLP has bolstered its New York office with an ex-Jones Day defense attorney who recently represented former U.S. Attorney General William Barr in the House's investigation into the Jan. 6 attack on the U.S. Capitol, the firm announced Wednesday.

  • June 22, 2022

    GAO Warns US Gov't About 'Catastrophic' Cyber Risk

    Cyberattacks targeting critical infrastructure may "affect entire systems and result in catastrophic financial loss" beyond what can be covered by private insurance or government backstops, the U.S. Government Accountability Office warned in a report that recommends joint federal action to study growing cyberinsurance risks.

  • June 22, 2022

    Donziger's Contempt Conviction Upheld By Split 2nd Circ.

    A divided Second Circuit panel on Wednesday upheld disbarred human rights lawyer Steven Donziger's conviction for disobeying court orders in civil litigation over a since-overturned $8.7 billion Ecuadorian pollution judgment against Chevron, saying federal judges have the power to appoint special prosecutors.

  • June 22, 2022

    Key 'Varsity Blues' Witness Earns No-Jail Request From Feds

    A former University of Southern California soccer coach who conspired with the "Varsity Blues" mastermind to accept bribes should avoid prison time after cooperating and taking the stand during a successful prosecution, the government said in a memorandum Wednesday.

  • June 21, 2022

    South Dakota AG Convicted, Removed Over Fatal 2020 Crash

    South Dakota's state senate voted to convict and remove Attorney General Jason Ravnsborg, who hit and killed a man with his car in 2020 and initially told law enforcement he had struck a deer.

  • June 21, 2022

    Feds Portray Balwani As Holmes' Partner In Crime In Closings

    Ex-Theranos executive Ramesh "Sunny" Balwani served as CEO Elizabeth Holmes' partner in crime in defrauding patients and investors, a prosecutor told a California federal jury during closing arguments Tuesday, while Balwani's attorney argued that his client sincerely believed in the technology and that investors were lured by the charismatic Holmes.

  • June 21, 2022

    Dickinson Wright Asks To Drop Client Accused Of $22M Scam

    Dickinson Wright PLLC on Tuesday sought to withdraw from representing a purported media company accused of scamming more than $22 million from investors, saying the sides had "irreconcilable differences."

  • June 21, 2022

    Ex-Amazon Coder Convicted Over Capital One Data Breach

    A former Amazon.com Inc. employee has been convicted of perpetrating the 2019 Capital One breach that affected over 100 million consumers, one of the first tests of a key anti-hacking law since the U.S. Supreme Court narrowed its scope last year.

  • June 21, 2022

    Brazilian Meat Co. Shareholder Defends Probe Into 'Illicit' Acts

    A minority shareholder in one of the world's largest meat suppliers is defending its bid in New York federal court to seek information aimed at shoring up a complaint it intends to file with Brazilian regulators over "illicit" activity that allegedly continues to taint the business.

  • June 21, 2022

    State Officials Detail Trump's Pressure To Overturn Election

    Former President Donald Trump and his allies relentlessly pressured officials in swing states to overturn election results, a significant threat to the integrity and certification of the 2020 election that was thwarted by local officials who pushed back, according to public testimony Tuesday before the House select committee investigating the Jan. 6 attack on the U.S. Capitol.

Expert Analysis

  • Crypto Cos. Should Prep For More IRS John Doe Summonses

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    In anticipation of new reporting requirements that will go into effect in 2024, cryptocurrency exchanges and custodians should inform themselves on the John Doe summons, a unique mechanism that allows the IRS to obtain expansive information about cryptocurrency transactions, say Shivani Poddar and Andrew Heighington at Herrick Feinstein.

  • New Ariz. Cyberattack Info Sharing May Be Worth The Burden

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    A recent amendment to Arizona’s data breach notification law, and similar state and federal cyber incident reporting rules, significantly burden companies that are attacked, but increased information sharing could help prevent and mitigate the damage from future data security incidents, say Christine Czuprynski and Kate Jarrett at McDonald Hopkins.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • Lessons For Gov't Contractors Amid Increased Antitrust Risk

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    A review of recently ramped-up Procurement Collusion Strike Force enforcement yields important lessons for government procurement companies, which are particularly susceptible to anti-competitive risks, on corporate antitrust awareness and robust compliance, say Rachel Guy and James McGinnis at Sheppard Mullin.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • Unpacking OFAC's New Russian Accounting Services Ban

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    New determinations issued by the Office of Foreign Assets Control put a broad swath of accounting, trust and corporate formation, management consulting, legal service providers, and others at heightened risk for strict liability sanctions violations for dealings with Russia, requiring affected entities to update their procedures, say Cari Stinebower and Dainia Jabaji at Winston & Strawn.

  • Pharma Products' Uncertain Path To Patient Assistance

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    In light of the government's recent concerns about contributions to patient assistance programs, pharmaceutical manufacturers may wish to align their compliance policies and procedures with those outlined in the U.S. Department of Justice's corporate integrity agreements, says Jennifer Michael at Bass Berry.

  • Can And Should A Court Limit Repeated Retrials?

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    The existing state of U.S. law on the issue of repeated retrials is neither settled nor satisfactory, and a recent federal prosecution of chicken industry executives for alleged price-fixing raises the question of whether there should be some limit on the number of retrials following hung juries, says Steven Gordon at Holland & Knight.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Private Insurers Must Watch Out For Medical Equipment Fraud

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    Recent trends indicate that it is extremely rare for the government to prosecute those involved in health care fraud against private insurers, especially in cases involving durable medical equipment, so private insurers must take steps to investigate and detect fraudulent schemes, says Michael Vanunu at Rivkin Radler.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • How To Efficiently Deploy Your Professional Growth Strategy

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    Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

  • A 6-Step Framework For Legal Industry Professional Growth

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    Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

  • Why Contempt May Be Apt Punishment For High Court Leaker

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    Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

  • Crypto Investors May Face Increasing State FCA Tax Liability

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    Cryptocurrency investors who fail to report the state tax consequences of transactions are poised to encounter increased civil or criminal legal exposure as a growing number of states bring tax fraud under the purview of their whistleblower statutes, say attorneys at Brownstein Hyatt.

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