White Collar

  • July 01, 2020

    Feds Drop Bail Fight For Attys Accused In Molotov Attack

    The U.S. Attorney's Office for the Eastern District of New York has relented for now in its crusade to have two attorneys jailed without bail while they face charges of carrying out a Molotov cocktail attack on a New York City Police Department vehicle during recent protests over police brutality.

  • July 01, 2020

    Bitcoin Data Not Covered By 4th Amendment, 5th Circ. Says

    Bitcoin users who use a virtual bank to complete their transactions have no more of an expectation of privacy than brick-and-mortar bank account holders, the Fifth Circuit ruled while rejecting a felon's argument for evidence suppression in his child pornography case.

  • July 01, 2020

    Adviser To Pay $2M To Settle SEC Suit Over Risky Investing

    A Connecticut-based investment adviser will pay $2 million in disgorgement and civil fines for allegedly investing $19 million in investor money while "grossly understating" inherent risks and failing to conduct even basic due diligence on questionable companies, according to a statement Wednesday from the U.S. Securities and Exchange Commission and its original complaint. 

  • July 01, 2020

    Bausch Not Covered For Allergan Case, Insurers Say

    Insurers for Bausch Health Cos. asked a New Jersey federal judge Wednesday to find that they don't have to pay the pharmaceutical company's costs to defend and settle class-action suits it faced over an alleged insider trading scheme connected to a failed takeover of Allergan, contending the suits are not covered "securities claims."

  • July 01, 2020

    Ex-Hollywood Exec Denies Pocketing $14M To Pay For Estate

    The former chief of a film company that distributed movies including "Kidnap" with Halle Berry on Wednesday denied charges in Manhattan that he embezzled $14 million of BlackRock investment dollars and used it to pay for his Beverly Hills, California, estate.

  • July 01, 2020

    Chinese Man Charged In 'Birth Tourism' Ring Gets 3 Years

    A Chinese man, who has fled the U.S., received a sentence of 37 months after pleading guilty to charges in one of the country's first federal cases targeting a "birth tourism" scheme that allows noncitizens to fraudulently secure American citizenship for their infants, according to prosecutors.

  • June 30, 2020

    Weinstein To Pay $19M To End Accusers' Class Action

    Hollywood producer and convicted rapist Harvey Weinstein, along with some of his companies and associates, has agreed to pay nearly $19 million to end a putative class action alleging that he sexually harassed and abused dozens of women, the women said Tuesday in New York federal court.

  • June 30, 2020

    UAW Mulls Independent Oversight In Wake Of Embezzlement

    United Auto Workers President Rory Gamble and the federal prosecutor overseeing an investigation into a $1 million embezzlement scheme involving high-ranking union officials say they are considering bringing in a third party to oversee future labor agreements.

  • June 30, 2020

    2nd Circ. Frees Attorneys Accused Of Molotov Attack

    The Second Circuit on Tuesday freed a pair of attorneys accused of torching a New York Police Department car during recent protests sparked by the death of George Floyd at the hands of the Minneapolis police, finding no clear error in the lower courts.

  • June 30, 2020

    Ex-Indivior CEO Cops To Misdemeanor In Opioid Case

    Former Indivior CEO Shaun Thaxter pled guilty in Virginia federal court Tuesday to a misdemeanor for failing to prevent the company from giving misleading safety statistics to Massachusetts officials as part of a marketing campaign for one of the company's opioid addiction treatments.

  • June 30, 2020

    DOJ Charges Glenmark With Generic Drug Price-Fixing

    The U.S. Department of Justice announced new criminal charges late Tuesday in its investigation of price-fixing in the generic-drug industry, this time accusing Glenmark Pharmaceuticals Inc. USA in Pennsylvania federal court of overcharging by at least $200 million for a cholesterol treatment.

  • June 30, 2020

    Wiretaps Of Encrypted Messages Reached New High In 2019

    State investigators conducting wiretaps encountered encryption at an uncharted rate in 2019, and nearly always could not decipher messages, while total arrests and convictions based on electronic surveillance increased, according to a U.S. courts report released Tuesday.

  • June 30, 2020

    6th Circ. To Hear GM's Bid To Oust Judge In RICO Bribes Fight

    The Sixth Circuit has agreed to consider General Motors' request to remove a Michigan judge who abruptly ordered its CEO to negotiate an end to GM's allegations that Fiat Chrysler bribed senior auto workers union officials to corrupt the collective bargaining process and disadvantage rival carmakers.

  • June 30, 2020

    Ex-Wilmington Trust Brass Seek To Scotch Fraud Convictions

    Four former Wilmington Trust Corp. executives urged the Third Circuit to undo their fraud convictions for failing to flag real estate loans totaling millions of dollars that were in arrears, arguing Tuesday that there was no regulatory or statutory definition of "past due" on which to base criminal charges.

  • June 30, 2020

    2nd Circ. OKs $20M Award For Madoff Investor Class Attys

    The Second Circuit on Tuesday rejected the last objection to a nearly $20 million fee award for counsel of an investor class that received a $1 billion settlement for money lost through Bernard Madoff's Ponzi scheme.

  • June 30, 2020

    Halkbank Case May Be A Slog In The COVID-19 Age

    An attorney for Turkey's state-owned Halkbank on Tuesday told a New York federal judge it didn't envision being ready for trial over an alleged multibillion-dollar scheme to evade American sanctions targeting Iran until the spring of 2022, citing the difficulties brought on by the COVID-19 pandemic.

  • June 30, 2020

    Fla. Pushes To Use Video Footage From Sting That Got Kraft

    Florida told a state appeals court Tuesday that video evidence collected by police in the day spa prostitution sting that ensnared New England Patriots owner Robert Kraft should not be suppressed, arguing that there was no Fourth Amendment violation in the police's use of video surveillance.

  • June 29, 2020

    Latest Ex-FIFA Boss Dodges Prison And Will Forfeit $950K

    A former FIFA vice president on Monday avoided prison for his role in international soccer's massive bribery scandal, after a New York federal judge sentenced him to time served.

  • June 29, 2020

    Judge Explains Partial Denial Of Roger Stone Prison Delay Bid

    A D.C. federal judge on Monday unsealed the full version of her decision last week to give Roger Stone an extra two weeks to report to prison while denying the longtime conservative operative's request to extend the surrender date even further to September.

  • June 29, 2020

    Brokerage Firm Ran $4.4M Options Fraud Scheme, CFTC Says

    The Commodity Futures Trading Commission sued a Chicago-based brokerage firm and four executives and associates in Illinois federal court Monday, accusing the group of defrauding customers out of $4.4 million through a scheme involving options on futures transactions.

  • June 29, 2020

    Idaho Consultant Must Pay $320K For Faked Enviro Reports

    The owner of an environmental consulting firm in Idaho must pay nearly $320,000 to several former clients and received eight years on probation after pleading guilty to allegations he faked environmental lab reports to ensure the results matched state standards, according to state prosecutors.

  • June 29, 2020

    Sleep Number Founder Gets Early Release From Prison

    The founder of the Sleep Number mattress company, who used another of his companies to swindle investors out of more than $57 million, will get out of federal prison 14 years ahead of schedule after a judge found him to be at particularly high risk for COVID-19.

  • June 29, 2020

    High Court Won't Hear Claim That McDonnell Applies To FCPA

    The U.S. Supreme Court on Monday passed on a chance to extend its McDonnell ruling, which raised the bar for prosecutors to bring domestic corruption cases, to cases involving the Foreign Corrupt Practices Act.

  • June 29, 2020

    11th Circ. Finds Feds Adequately Proved Cuban Export Breach

    The Eleventh Circuit has upheld a Texas man's conviction for attempting to smuggle encryption devices to Cuba, finding the government sufficiently proved he intended to export the technology without a license and knew this violated federal law.

  • June 29, 2020

    Convicted NJ Estate Atty Can't Keep Fee Paid By Victim

    A disbarred wills and estates attorney convicted of stealing $1.5 million from clients lost his bid to keep the $345,000 fee paid by one of his victims when the New Jersey state appeals court ruled Monday that he never provided input on the value of his services.

Expert Analysis

  • Caremark Precedent Should Inform Boards' COVID-19 Duties

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    Directors of Delaware corporation boards should consider the responsibilities established in Caremark as a framework for getting sufficiently involved in COVID-19 decision-making, both to help their corporations navigate this difficult period and to defend against potential duty to monitor claims, say attorneys at Boies Schiller.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Beware Fraud And Abuse Pitfalls In Precision Medicine

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    With government enforcement action involving genetic laboratories increasing sharply, health systems and labs involved in precision medicine initiatives should carefully review their arrangements to avoid running afoul of fraud and abuse laws, say Carolyn Metnick and Stacey Callaghan at McDermott.

  • 'Bridgegate' Further Cabins Public Corruption Prosecutions

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    Last month's "Bridgegate" decision represents the latest remarkable chapter in a 20-year U.S. Supreme Court arc drastically narrowing prosecutors' ability to use previously flexible fraud statutes as tools to curtail putative public corruption by government officials, say Jason Halperin and David Drew at Mintz.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • Key Insights From DOJ Revised Corporate Compliance Guide

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    Prosecutors and forward-looking companies should carefully attend to new U.S. Department of Justice guidance issued Monday, which brings changes to such core compliance areas as the value of data, the evolution of compliance programs, and foreign legal considerations, say Alejandra Montenegro Almonte and Ann Sultan at Miller & Chevalier.

  • 5 Ways A Special IG Can Combat Crisis Relief Fraud

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    As companies and their counsel prepare for enforcement by the newly confirmed special inspector general for pandemic recovery responsible for overseeing CARES Act funds, Christy Goldsmith Romero, special inspector general for the Troubled Asset Relief Program, shares how her office has investigated fraud, waste and abuse of federal relief funds following the 2008 financial crisis.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • Studying The Post-Pandemic Juror By Generation

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    A close look at the life experiences unique to baby boomers, Generation X, millennials and others can offer valuable insight into how the pandemic could shape jurors' opinions in very different ways depending on their birth cohort, say trial consultants at JuryScope.

  • NY Buyers Should Beware Tainted Claims After Ch. 11 Ruling

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    A New York bankruptcy judge's recent opinion in Firestone Diamond represents a comprehensive treatment of the Bankruptcy Code Section 502(d) disallowance taint and decisively rejects, for the first time in the Southern District of New York, the long-standing and widely criticized Enron holding, say attorneys at Cadwalader.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • What Court Split On Sex Trafficking Means For Hotels, Victims

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    A recent split between Pennsylvania and Georgia federal courts over whether a plaintiff suing a hotel for benefiting from a venture that it should have known engaged in sex trafficking must plausibly allege the hotel violated the federal criminal trafficking law has important implications for both sex trafficking survivors and the hospitality industry, says David Bouchard at Finch McCranie.

  • Opinion

    How Rules Of Evidence Lead To Convictions Of The Innocent

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    Every trial lawyer knows that Amy Cooper's compelling 911 call from Central Park, although hearsay, could be played to a jury at trial to bolster witness trial testimony, highlighting the fact that the Federal Rules of Evidence contain numerous pathways for prosecutors to introduce all types of evidence that would otherwise be excludable, says attorney John Lauro.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Compliance Tips For Development Bank COVID-19 Projects

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    Companies that bid on projects financed wholly or in part by multilateral development banks to combat the crises caused by the pandemic must have appropriate anti-corruption mechanisms in place to limit the risks of sanctions investigations several years down the road, say Lauren Muldoon and Spencer Bruck at Orrick.

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