White Collar

  • May 03, 2021

    Surgeon's Alleged Scheme Brings $33M In DOJ Settlements

    A South Dakota neurosurgeon will pay the U.S. government more than $4.5 million for his role in an alleged yearslong kickback scheme that funded his "lavish" tastes for food and booze and led to medically unnecessary surgeries, bringing the total recovered through this and related corporate settlements to more than $33 million, the U.S. Department of Justice said Monday.

  • May 03, 2021

    Dechert Brings Back Ex-DOJ Atty For White Collar Litigation

    Dechert LLP has rehired a former partner who recently spent four years at the U.S. Department of Justice to its litigation practice with a focus on white collar and regulatory matters, the firm announced Monday.

  • May 03, 2021

    Justices End Madoff Investors' Fight For $41M In Ponzi Profits

    The U.S. Supreme Court on Monday declined to hear an appeal from investors who profited from Bernie Madoff's Ponzi scheme, shutting down their effort to avoid returning $41 million in fraudulent proceeds to the trustee overseeing the late con man's bankruptcy estate.

  • May 03, 2021

    Feds Want Harsher Prison Terms In Meningitis Outbreak Case

    Two executives of a Massachusetts compounding pharmacy at the center of a deadly meningitis outbreak should each spend more than 17 years behind bars and pay $82 million in restitution, federal prosecutors said Friday after a First Circuit ruling paved the way for a new sentencing.

  • May 03, 2021

    SEC's Peirce On Crypto Ambitions, GameStop's Lessons

    The U.S. Securities and Exchange Commission's Hester Peirce is "totally fine" with her "crypto mom" nickname if it conveys her desire to provide clarity to a sector of the market she's passionate about. In the second installment of this two-part interview series, Peirce not only riffs on the nickname earned following her dissents on key crypto cases, but maps out her regulatory goals for the digital assets and how she plans to work with Chairman Gary Gensler to achieve them.

  • April 30, 2021

    PE Firms Want Out Of Pot RICO Suit Against Harvest, Verano

    A pair of Canadian private equity firms named in a man's sprawling racketeering suit alleging cannabis companies Verano Holdings LLC and Harvest Health & Recreation Inc. were responsible for his arrest have asked a federal judge in Colorado to dismiss the case or put it on hold so it can be handled via arbitration.

  • April 30, 2021

    Brokers Sued Over Actor's Alleged $690M Ponzi Scheme

    A group of investors has hit a Chicago investment brokerage firm's founders with a lawsuit in Illinois state court alleging they failed to perform due diligence before recommending a Los Angeles actor's alleged $690 million film distribution Ponzi scheme as an investment option.

  • April 30, 2021

    2nd Circ. Calls Timeout On NCAA Hoops Bribery Convictions

    Overruling objections by federal prosecutors, the Second Circuit on Friday agreed to stay its ruling upholding the convictions of two Adidas basketball marketers and an aspiring agent for defrauding Adidas-sponsored universities by paying recruits on the sly while they appeal to the U.S. Supreme Court.

  • April 30, 2021

    Miami Man Gets Nearly 4 Years In Venezuela Oil Bribery Case

    A Florida federal judge sentenced a Miami businessman to nearly four years in prison Friday for his role in a $1.2 billion conspiracy to embezzle money from Venezuela's state-owned oil company.

  • April 30, 2021

    Poultry CEO Says Civil Deposition Creates 'Hobson's Choice'

    Former Pilgrim's Pride CEO Jayson Penn moved to intervene Thursday in the consolidated civil antitrust litigation accusing major chicken producers of price-fixing, seeking to stay his deposition in light of his criminal indictment for his alleged role in the same scheme.

  • April 30, 2021

    HHS Watchdog OKs Surgery Center Investment Deal

    A U.S. Department of Health and Human Services watchdog said it wouldn't sanction a hospital system and an ambulatory surgery center manager for their proposed deal to invest in a new facility together.

  • April 30, 2021

    Calif. Jury Convicts Ex-Netflix Exec Of Taking Bribes

    A California federal jury convicted an ex-Netflix executive Friday of money laundering and bribery for accepting stock options, cash payments and gifts from third-party vendors in exchange for lucrative contracts with the streaming giant, wrapping a weekslong criminal trial.

  • April 30, 2021

    Jails Wiretap Suit Must Claim Bad Intentions, Judge Says

    A Maine federal judge on Friday dismissed a putative class action accusing a state telephone contractor of illegally recording calls between attorneys and their jailed clients — but left a path open for the suit if the plaintiffs can allege the contractor intended to illegally surveil them.

  • April 30, 2021

    SEC's Peirce Talks ESG And Agency's Future Under New Chair

    Recent initiatives from the U.S. Securities and Exchange Commission could bring wholesale changes to the way the agency polices environmental, social and governance disclosure issues, but the existing framework doesn't need any fixing if you ask Commissioner Hester Peirce.

  • April 30, 2021

    Feds Recover $8.4M PPP Loan Issued To Florida Biz

    A family that allegedly engaged in fraud to secure an $8.4 million coronavirus relief loan for a Florida business has forfeited those funds by default, according to an order in Florida federal court.

  • April 30, 2021

    Ex-DOJ Bribery Chief To Join WilmerHale's White Collar Group

    WilmerHale has tapped the former chief of the U.S. Department of Justice's Foreign Corrupt Practices Act unit to join its white collar defense and investigations group, the firm announced Friday.

  • April 30, 2021

    11th Circ. Won't Revive Madoff Victims' IRS Interest Suit

    A Florida couple swindled by Bernie Madoff could not bring a suit in a Florida federal court alleging the Internal Revenue Service owed them more than $400,000 in interest on late tax overpayment refunds, the Eleventh Circuit said Friday.

  • April 30, 2021

    Reverse-Mortgage Millionaire Guilty Of Massive Debt Fraud

    A Manhattan federal jury on Friday convicted Live Well Financial founder Michael Hild of inflating the reverse-mortgage company's debt by hundreds of millions and taking $24 million in pay before it went under, rejecting his claim that he was "along for the ride" as others broke the law.

  • April 30, 2021

    Revolving Door Roundup: BigLaw Snaps Up Trump US Attys

    Top Trump-appointed prosecutors continue to land in private practice at firms including Steptoe & Johnson PLLC, Gibson Dunn & Crutcher LLP and Kobre & Kim LLP, as the presidential transition keeps the revolving door spinning at the U.S. Department of Justice.

  • April 30, 2021

    Harvey Weinstein's LA Extradition Stalled By Bad Paperwork

    Harvey Weinstein on Friday succeeded in scuttling the Los Angeles district attorney's initial request for extradition on a new sex crimes indictment after arguing the DA's paperwork was flawed, a small victory for the convicted rapist that will further stall his transfer.

  • April 30, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a new lawsuit filed against Clydesdale Bank and its former owner over business loans, a robotics company sue Ocado's tech arm for patent infringement, and fresh allegations in the hacking claim between Dechert LLP and an aviation magnate. Here, Law360 looks at those and other new claims in the U.K.

  • April 29, 2021

    SEC Enforcer's Exit Won't Sour Gensler On BigLaw Hires

    Alex Oh's unexpected resignation from the U.S. Securities and Exchange Commission's top enforcement job comes as a shock, but is unlikely to dissuade Chairman Gary Gensler from looking to BigLaw for a replacement, securities attorneys told Law360.

  • April 29, 2021

    Ransomware Panel Urges Crypto Oversight, Payment Reports

    Tighter oversight of the cryptocurrency sector and mandatory reporting of extortion payments are among the suggestions made Thursday by a panel of representatives from the technology industry, government and academia aiming to stem the tide of ransomware attacks.

  • April 29, 2021

    Giuliani Raid Tees Up Major Test For Emboldened DOJ Unit

    An early morning FBI raid on Rudy Giuliani's Manhattan apartment Wednesday indicates that investigators probing his Ukraine dealings have already gathered substantial evidence, raising the stakes for Donald Trump's onetime lawyer on the heels of a big win for the government in a similar case.

  • April 29, 2021

    Nebraska Sheriff Accused Of Breaking Law With Pot Lawsuit

    A group backing medical marijuana legalization in Nebraska has accused a county sheriff of committing a felony by failing to disclose who paid for his successful lawsuit to kill off a medical pot ballot measure in 2020.

Expert Analysis

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • Effective E-Discovery Of Chat Apps In Gov't Investigations

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    With the increasing reliance on multiple messaging applications for business conversations in the remote working environment, companies can implement several best practices for collecting, reviewing and producing data, despite an absence of guidance on discovery obligations in government investigations, say Jason Weinstein and Katie Dubyak at Steptoe & Johnson.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • The Best Ways To Respond To Enforcement From SEC, CFTC

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    Steven Peikin and James McDonald at Sullivan & Cromwell draw on their experience leading the U.S. Securities and Exchange Commission and Commodity Futures Trading Commission Enforcement Divisions to share effective strategies for responding to enforcement investigations amid expectations the Biden administration will increase regulatory scrutiny.

  • Avoiding Materially Adverse Conflicts After New ABA Opinion

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    The American Bar Association's recent guidance on what constitutes materially adverse interests between clients makes clear that lawyers should not take comfort in a current representation just because a former client is not on the opposite side of the v., and those hoping to avoid disqualification should consider five steps, says Hilary Gerzhoy at Harris Wiltshire.

  • Start Preparing For Germany's Corporate Sanctions Act

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    Germany’s soon-to-be-adopted Corporate Sanctions Act carries a presumption of mandatory prosecution but also a defense in cases where reasonable precautions fail to prevent nonmanagers from committing crimes, so companies should start putting such compliance programs into place now, say attorneys at Arnold & Porter.

  • UK Top Court Fraud Ruling Could Reshape Int'l Discovery

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    A recent U.K. Supreme Court ruling that KBR didn't have to provide documents held overseas to the Serious Fraud Office reveals the U.K. to be taking a divergent approach from the U.S. and has important implications for cross-border discovery and criminal investigations, say Katherine Toomey and Eric Lewis at Lewis Baach.

  • Opinion

    It's Time To Ramp Up Punishment For Wall Street Wrongdoers

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    Regulators and prosecutors under the Biden administration have an opportunity to crack down on Wall Street corruption through meaningful punishment that holds individuals and firms accountable for their involvement in financial crimes, rather than monetary penalties that have so far done little to deter banking industry wrongdoing, says Dennis Kelleher at Better Markets.

  • Opinion

    DOJ Should Take Cue From SEC On Whistleblower Incentives

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    The new Criminal Antitrust Anti-Retaliation Act is a step in the right direction for uncovering cartels, but to reenergize enforcement, the U.S. Department of Justice should provide financial incentives to antitrust whistleblowers in line with what the U.S. Securities and Exchange Commission offers financial tipsters, says attorney Robert Connolly.

  • Rebuttal

    US Legal System Can Benefit From Nonlawyer Ownership

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    Contrary to claims made in a recent Law360 guest article, nonlawyer ownership has incrementally improved the England and Wales legal system — with more innovation and more opportunities for lawyers — and there is no reason why those outcomes cannot also be achieved in the U.S., say Crispin Passmore at Passmore Consulting and Zachariah DeMeola at the University of Denver.

  • What DOJ's 1st PPP Fraud Settlement Can Teach Borrowers

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    The U.S. Department of Justice's first settlement of False Claims Act fraud allegations with a Paycheck Protection Program borrower, SlideBelts, highlights the need to substantiate loan application statements and that misleading representations or fund misuse may lead to personal liability, say Alexander Canizares and Andrew Smetana at Perkins Coie.

  • 7 False Claims Act Enforcement Trends To Watch

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    False Claims Act enforcement statistics, along with anticipated enforcement priorities under the Biden administration, suggest that we will see a significant increase in FCA investigations and related litigation, targeting a widening array of industries and categories of defendants, say attorneys at Winston & Strawn.

  • Advocating For Broad Brady Orders Under New Criminal Rule

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    By following several advocacy suggestions, defense counsel can argue for making fulsome and protective orders for prosecutors to produce Brady exculpatory materials at the beginning of criminal cases under a new Federal Rule of Criminal Procedure, say attorneys at Steptoe & Johnson.

  • Building A Law Firm Knowledge Bank For Thought Leadership

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    Marketing professionals often do not have firsthand knowledge of current legal trends and client issues, so law firms need to commit to an ongoing knowledge extraction process — a series of steps to draw out attorney insights that can help marketers create effective and frequent thought leadership content, says Michelle Calcote King at Reputation Ink.

  • Opinion

    Securities Market Urgently Needs Federal Insider Trading Law

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    Congress should act quickly to codify a federal insider trading law to resolve ambiguity in the securities markets, and end inconsistent enforcement due to the patchwork of court decisions and statutes currently in place, say Harry Sandick and Jeff Kinkle at Patterson Belknap.

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