White Collar

  • June 16, 2022

    Ex-Celtic Attacker Denied New Trial On Separate Charge

    A man convicted of assaulting former Boston Celtics star Paul Pierce in 2000 won't get a new trial for an unrelated attack years later due to alleged issues with his defense lawyer's trial decisions, the First Circuit said Wednesday.

  • June 16, 2022

    'Varsity Blues' Dad Acquitted In Lone Loss For Prosecutors

    A Boston federal jury on Thursday acquitted a Massachusetts businessman on charges he bribed his daughter's way into Georgetown University through illicit payments to the elite school's tennis coach, ending the government's clean record of convictions in the "Varsity Blues" investigation.

  • June 16, 2022

    Rising Star: Wiley Rein's Brandon J. Moss

    Brandon J. Moss of Wiley Rein LLP has advised clients on fraud investigations and white collar crimes for 11 years, including successfully defending former pharmaceutical executive Timothy Baxter against charges over opioid marketing, earning her a spot among the white collar attorneys under 40 honored by Law360 as Rising Stars.

  • June 16, 2022

    Spacey Appears In London Court On Sex Assault Charges

    Hollywood actor Kevin Spacey appeared at a London criminal court on Thursday accused of five sexual offenses.

  • June 15, 2022

    LA Developer Told Informant Ex-Pol 'Played' Them, Jury Hears

    Jurors considering the criminal case against a real estate developer accused of bribing former L.A. City Councilman Jose Huizar heard a reenactment of a secretly recorded conversation in which the developer told a middleman cooperating with the FBI that they were "both played" by Huizar.

  • June 15, 2022

    Maxwell Calls Epstein 'Mastermind,' Slams 20-Year Term Rec

    Ghislaine Maxwell on Wednesday asked a Manhattan federal judge to give her a lighter sentence than the 20 years that U.S. Probation and Pretrial Services recommended she serve following her sex-trafficking conviction, saying she shouldn't bear the punishment that "would have been appropriate for Jeffrey Epstein."

  • June 15, 2022

    BitMEX Co-Founder Avoids Prison In Bank Secrecy Act Case

    BitMEX co-founder Benjamin Delo on Wednesday was sentenced to probation for his role in operating the offshore cryptocurrency derivatives exchange without an effective anti-money laundering program, and is expected to soon leave the U.S.

  • June 15, 2022

    GOP Sens. Want Protesters Outside Judges' Homes Charged

    Senate Minority Leader Mitch McConnell and other Republican senators on Wednesday pressed Attorney General Merrick Garland to prosecute protesters who gather outside of judges' homes, calling it "an urgent matter of national importance."

  • June 15, 2022

    NJ Pot Law Does Not Reopen Door To Diversion Programs

    New Jersey law bars criminal defendants from taking part in more than one diversionary program, even if their original stints involved marijuana cases that were later expunged under the state's cannabis legalization statute, a state appeals court has said.

  • June 15, 2022

    DaVita Must Return Rather Than Destroy No-Poach Docs

    A Colorado federal judge on Wednesday ordered DaVita to return rather than destroy confidential documents produced by the U.S. Department of Justice in its failed criminal no-poach case against the dialysis giant, giving a minor win to follow-on civil plaintiffs who hoped the documents would be preserved for possible use in their litigation.

  • June 15, 2022

    Zuora Says Ex-VP Can't Have Co.'s Secrets And His Fees Too

    A departing executive's final two weeks at Zuora Inc. became the focus of his advancement suit in the Delaware Chancery Court on Wednesday, with the cloud-subscription company arguing it had told him not to work and that he had used that time to steal confidential data, putting him on the hook for his own legal fees.

  • June 15, 2022

    Musk Appeals Judge's Decision To Keep SEC Tweet Deal Alive

    Tesla CEO Elon Musk gave notice on Wednesday that he will appeal a New York federal judge's denial of Musk's attempts to scrap 2018 agreements with the U.S. Securities and Exchange Commission requiring that the company preapprove his tweets.

  • June 15, 2022

    Ex-GOP Rep. Should Get 6 Months For Lying To FBI, Feds Say

    California federal prosecutors are seeking a six-month prison sentence and $30,000 fine for former U.S. Rep. Jeff Fortenberry, R-Neb., after he was convicted of lying to the FBI about illegal campaign contributions.

  • June 15, 2022

    FinCEN No-Action Plan May Spur Crypto Innovation, In Theory

    A proposal this month from the Financial Crimes Enforcement Network to implement a no-action letter process could be a potential boon for purveyors of digital assets seeking more regulatory clarity, but there are plenty of hurdles that could dampen its effectiveness, industry attorneys said.

  • June 15, 2022

    Greenberg Team Set To Attack Feds' NFT Insider Trading Case

    Greenberg Traurig LLP lawyers representing a New York City purveyor of nonfungible tokens asserted Wednesday that the Manhattan U.S. attorney's office has failed to bring viable insider trading charges against their client, telling a federal judge they may file for dismissal.

  • June 15, 2022

    Pension Plans Assail Denmark's Bid For Win In $2B Tax Case

    Several U.S. pension plans urged a New York federal court Wednesday to reject the Danish tax agency's bid for victory without trial in its $2.1 billion fraud case, arguing it would require the court to impermissibly enforce foreign laws.

  • June 15, 2022

    Fla. Medical Device Co. Hits Ch. 11 Amid Ex-CEO Litigation

    Stimwave Technologies Inc. filed for Chapter 11 protection in Delaware on Wednesday in the midst of Chancery Court litigation with its ex-CEO over allegations of financial and operational mismanagement by the former leadership team.

  • June 15, 2022

    3rd Circ. Says Inmates Have Right To Access Legal Materials

    Prisoners may bring claims alleging they were denied access to legal materials while they were pursuing civil rights cases from behind bars, the Third Circuit said Wednesday in a precedential opinion setting forth that right to access the courts.

  • June 15, 2022

    SEC Nabs $573K Judgment In Snap Insider Trading Case

    A California federal judge has ordered the brother-in-law of a former engineer with Snap Inc. to pay more than $573,000 for allegedly using inside information to reap more than $261,000 in profits, after the court granted the U.S. Securities and Exchange Commission's default judgment motion.

  • June 15, 2022

    Rising Star: Steptoe & Johnson's Katie Dubyak

    Katie Dubyak of Steptoe & Johnson LLP steered Volkswagen AG through a three-year monitorship imposed after its emissions-cheating scandal and conducted a sweeping investigation into corruption at the Baltimore Police Department, earning her a spot among the white collar law practitioners under age 40 honored by Law360 as Rising Stars.

  • June 15, 2022

    Bannon Can't Escape Jan. 6 Subpoena Indictment

    A D.C. federal judge on Wednesday denied former Trump White House aide Steve Bannon's motion to dismiss his indictment for defying a subpoena issued by the House select committee probing last year's deadly U.S. Capitol attack, setting the stage for a jury trial on July 18.

  • June 15, 2022

    Cleary Notes Off-Limits In Ex-Citi Trader's Forex Probe Suit

    A former Citigroup Inc. trader can't access Cleary Gottlieb Steen & Hamilton LLP's reports of U.S. Department of Justice meetings in his lawsuit alleging the bank framed him to save itself during a foreign exchange-rigging probe, a Manhattan federal judge said Wednesday.

  • June 14, 2022

    Fla. Pharmacy Owner Gets 14-Year Sentence For Mail Fraud

    A Florida pharmacy owner convicted of committing mail and health care fraud in a billing scheme has been sentenced to more than a decade in federal prison, according to a judgment entered in Tennessee federal court Tuesday.

  • June 14, 2022

    Oil Co. Founder Held Liable In Stock Fraud Class Action

    A New York federal jury on Tuesday found Dakota Plains Holdings Inc. co-founder Michael Reger liable for securities fraud but not for insider trading, capping an investor class action accusing the defunct oil transloading company's officers and directors of engaging in a stock manipulation scheme.

  • June 14, 2022

    Apple Wins Big Trims But Can't Nix ITunes Gift Card Scam Suit

    A California federal judge on Monday slashed a lawsuit accusing Apple of refusing to combat thieves who trick people into making payments with iTunes gift cards because the tech giant gets to keep some of the scammed proceeds, but allowed claims that Apple has withheld stolen property to proceed.

Expert Analysis

  • Avoiding Film Industry Fraudsters: Key Tips For Investors

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    As the film industry expands, Hollywood has become a prime target for fraudsters — and a review of recent cases shows that would-be investors should conduct thorough due diligence on film projects and take proven steps to protect their investments, say Alex Wyman and Tyler Downing at Latham & Watkins.

  • In Early Mediation, Negotiate With Empathy, Not Threats

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    With courts encouraging early settlement conferences to tackle the COVID-19 backlog, parties should consider that authenticity, honesty and the ability to see beyond one's own talking points are far more persuasive tools than threats of a distant possible determination by a court or arbitrator, says Sidney Kanazawa at ARC.

  • Health Providers Must Avoid COVID Reimbursement Missteps

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    Considering the huge amount of money that the Health Resources and Services Administration has invested into COVID-19 services, its uninsured reimbursement program is ripe for auditing, and participating health providers must be wary of pitfalls, say Judy Waltz and Olivia King at Foley & Lardner.

  • How Antitrust Enforcers Might Think Like Plaintiffs Lawyers

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    As government antitrust enforcement lawyers make the most of the limited resources available to them, the experience and thinking of plaintiff attorneys on priorities, goal-setting and other matters could be worth exploring, says Barry Barnett at Susman Godfrey.

  • Addressing Problematic Drinking In The Legal Profession

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    To curb problematic drinking, on the rise during the pandemic, legal employers should implement comprehensive responsible drinking policies that are taken seriously by firm leadership, and provide alternatives for creating a healthy workplace culture, says Anne Brafford at the Institute for Well-Being in Law.

  • SEC Investigation Of Accounting Firms Is A Good First Step

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    The U.S. Securities and Exchange Commission's investigation into conflicts of interest at accounting firms is crucial for restoring public trust and addressing systemic issues that harm shareholders, but the SEC should follow up with increased enforcement activity that curtails economic incentives for independent gatekeepers to turn a blind eye, say Jesse Jensen and John Rizio-Hamilton at Bernstein Litowitz.

  • Transforming Law Firms' Diversity Intent Into Real Progress

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    In order for law firms to convert their diversity and inclusion activity into lasting advancements, they must prioritize accountability and transparency when crafting policies, and take steps to engage with attorneys and staff at all levels, say Jacqueline Simonovich at Weintraub Tobin and Lindsey Mignano at Smith Shapourian.

  • Where DOJ Is Heading On Consumer Protection Enforcement

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    A first-ever annual report from the U.S. Department of Justice Civil Division's Consumer Protection Branch highlights its recent accomplishments, previews coming enforcement trends and shows that the CPB is actively seeking new areas in which to apply its broad enforcement mandate, say attorneys at Wiley.

  • Opinion

    DOJ Was Wrong To Seek Scapegoats In BP, Boeing Cases

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    The U.S. Department of Justice's desire to find individual scapegoats for BP's Deepwater Horizon oil spill and Boeing's 737 Max crashes was not only unjust, but bad policy, and could inhibit the openness and transparency needed to improve safety in the future, says Gerger Hennessy's David Gerger, who served as defense counsel in both cases.

  • Evaluating Market Efficiency Arguments In Class Certification

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    Sjunde Ap-Fonden v. Goldman Sachs, an ongoing investor class action in New York federal court, highlights the drawbacks of fighting class certification on the basis of market efficiency, and how price impact and damages arguments may better serve securities defendants, say Narinder Walia at Crowninshield Financial Research and Micah Officer at Loyola Marymount University.

  • How Plans For Criminal Antitrust Enforcement Are Advancing

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    Top U.S. Department of Justice antitrust enforcers have indicated they could start using criminal charges for the first time in almost 50 years, and although these plans have not been clarified at this point, it is clear that enforcement under Section 2 of the Sherman Act is heating up, and companies with significant market share need to be on the alert, say attorneys at Duane Morris.

  • Opinion

    Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Opinion

    Federal Cannabis Bill Needs A Regulatory Plan To Succeed

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    The Marijuana Opportunity Reinvestment and Expungement Act, which was passed by the U.S. House of Representatives on Friday, is laudable but fundamentally flawed because it lacks a robust regulatory plan that would allow for bipartisan support, says Andrew Kline at Perkins Coie.

  • Tips For Negotiating Litigation Funding Agreements

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    Allen Fagin and Ralph Sutton at Validity Finance break down the key components of litigation funding term sheets — from return calculations to funder involvement — and explain what law firm leaders should keep in mind when negotiating these provisions.

  • How To Overcome Trial Lawyers' Courtroom Experience Gap

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    With fewer cases being tried, it's difficult for trial lawyers to gain courtroom experience and for law firms and clients to find the right trial attorneys, but new approaches to training emerging lawyers and evaluating potential hires can help, says Aukjen Ingraham at Schwabe Williamson.

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