White Collar

  • June 05, 2020

    COVID-19 Release For DBSI's Ex-GC In Prison Bureau's Hands

    DBSI's 71-year-old former corporate general counsel serving a five-year prison sentence for his role in a Ponzi scheme disguised as a real estate company will have to wait and see if the Bureau of Prisons finalizes its agreement to release him to home confinement amid the pandemic, a federal judge in Idaho said Thursday.

  • June 05, 2020

    Feds Say Chinese Co. Sold Defective Masks Amid Pandemic

    A Chinese manufacturing company produced and exported nearly half a million misbranded and defective masks to the United States as the country scrambled to equip its medical workers with personal protective equipment amid the coronavirus pandemic, the U.S. Department of Justice said Friday.

  • June 05, 2020

    2nd Circ. Orders Attys Charged In Molotov Attack Back To Jail

    The Second Circuit on Friday agreed to stay a lower court's ruling granting bail to two attorneys charged over an alleged Molotov cocktail attack on a New York City Police Department vehicle amid recent protests while the government's appeal plays out, and both lawyers were taken into custody by U.S. marshals.

  • June 05, 2020

    Indicted Flynn Associate Wants To Weigh In On DOJ Dismissal

    A former associate of Michael Flynn asked a D.C. federal judge Friday for permission to file an amicus brief in support of the government's bid to drop the one-time Trump administration national security adviser's prosecution, saying a dismissed Virginia criminal case he's connected to was initially used to force Flynn to reach a plea deal. 

  • June 05, 2020

    5th Circ. Backs Jail Phone Firm's Win Over Inmates' Fee Suit

    The Fifth Circuit on Friday rejected Mississippi inmates' effort to revive their legal battle against prison phone service provider Global Tel Link over claims the company bribed top brass in the state's correctional system to get away with charging prison callers exorbitant fees.

  • June 05, 2020

    Okla. State Issued 1-Year NCAA Tourney Ban For Bribery Case

    The NCAA on Friday banned Oklahoma State University from the men's college basketball tournament for one year and hit a former assistant basketball coach with a 10-year show-cause penalty after the coach pled guilty to accepting bribes in the federal college basketball corruption probe.

  • June 05, 2020

    Mich. Fed. Judge Stepping Down To Battle 'Treatable Cancer'

    A Michigan federal judge disclosed in a farewell letter Thursday to the attorneys in one of her cases that she's stepping down, at least temporarily, for cancer treatment after 38 years on the state and federal bench.

  • June 05, 2020

    COVID-19 IP Catch-Up: Publishers, Vodka Co. Head To Court

    In the last week or so, the Internet Archive's library service came under fire, a vodka company that started making hand sanitizer sought to defend its brand name, a convicted intellectual property thief asked to be let out early over the pandemic, and the U.S. Patent and Trademark Office launched a new resource center. 

  • June 05, 2020

    Bipartisan Bill Seeks PPP Access Despite Criminal Records

    A bipartisan Senate quartet has proposed changes to the Paycheck Protection Program to ensure access for small-business owners who currently can be blocked from the forgivable pandemic-relief loans because of criminal records ranging from any pending charges and past felony convictions to probation and pretrial diversion.

  • June 05, 2020

    Health Hires: Epstein Becker, Clyde & Co., Prevail

    Epstein Becker has poached a U.S. Food and Drug Administration law expert from Hogan Lovells, Clyde & Co. nabbed two health care partners across the pond and Prevail Therapeutics hired away an in-house lawyer from Allergan, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • June 05, 2020

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

    The past week in London has seen a Chinese billionaire dissident launch another legal fight with UBS AG, a demolition company lodge a negligence claim against Hiscox and an asbestos solutions provider and an airport sim card seller target telecommunications giant Vodafone. Here, Law360 looks at those and other new claims in the U.K.

  • June 04, 2020

    3rd Circ. Cuts Strings From Ex-Body Armor GC's Fees Bid

    Settlement objectors in class and derivative actions may receive attorney fees for improving deals in ways beyond the dollars and cents, the Third Circuit said Thursday in a precedential ruling that the former general counsel of a body armor business deserves fees with no strings attached for such an objection.

  • June 04, 2020

    CFTC Closes 'Loophole For Bad Actors' With New Rule

    The Commodity Futures Trading Commission unanimously approved a final rule on Thursday that closes a loophole that allowed "bad actors" barred under the Commodity Exchange Act to manage people's money. 

  • June 04, 2020

    GOP Sens. Seek Subpoena Power In Probe Of Russia Probe

    Senate Republicans have escalated their inquiries into the origins of the special counsel's probe into Russia's election interference and possible Trump campaign ties, with two key committees preparing to subpoena central figures.

  • June 04, 2020

    Sotomayor Halts Order Moving Ohio Inmates Due To Outbreak

    U.S. Supreme Court Justice Sonia Sotomayor on Thursday blocked a district court order forcing the Bureau of Prisons to move more than 120 medically vulnerable inmates from a federal prison in Ohio on Friday in response to the facility's deadly COVID-19 outbreak, giving the Sixth Circuit time to rule on the government's appeal.

  • June 04, 2020

    NYPD Defeats Bid To Free 300 Jailed Amid Protests

    A New York state court judge on Thursday denied a demand to free hundreds of people arrested amid protests and looting in New York City, accepting the NYPD's argument that the more than 24-hour delays to release people are caused by "a crisis within a crisis" and not malice.

  • June 04, 2020

    Grassley Blocks Trump Picks Over Watchdog Firings

    Sen. Chuck Grassley, a powerful Iowa Republican and longtime advocate for government watchdogs, said Thursday that he would block two nominees of President Donald Trump's until he received explanations for the recent firing of several inspectors general.

  • June 04, 2020

    Ex-Goldman Exec's 1MDB Trial Reset For 2021

    A New York federal judge on Thursday set a January trial date for former Goldman Sachs banker Roger Ng on charges stemming from a purported $2.7 billion fraud on Malaysia's sovereign wealth fund, 1Malaysia Development Bhd.

  • June 04, 2020

    SEC Pays $50M Whistleblower Award, Its Largest Ever

    The U.S. Securities and Exchange Commission said Thursday it was awarding nearly $50 million to a whistleblower — its largest-ever sum to a single person — in this case someone who gave firsthand information about a company's misconduct that resulted in a large amount of money returned to harmed investors.

  • June 04, 2020

    Bridgegate Ruling May Pave Way For NCAA Hoops Reversals

    The U.S. Supreme Court's recent decision to toss the convictions of two New Jersey officials in the Bridgegate scandal could provide three men convicted in the NCAA basketball corruption probe a lifeline in overturning their convictions at the Second Circuit, experts say.

  • June 04, 2020

    Bernie Madoff Denied Compassionate Release From Prison

    A New York federal judge denied Bernie Madoff compassionate release from his 150-year prison sentence on Thursday, at the urging of roughly 500 of the notorious Ponzi scammer's victims.

  • June 03, 2020

    Judges Worried About Virus' Impact On Upcoming Trials

    A trio of Texas judges said Wednesday they're worried about how jury trials will recover from the coronavirus pandemic, citing concerns from the effect on the overall jury pool to how face masks will impact a fundamental task of courts and trial attorneys — assessing juror and witness credibility.

  • June 03, 2020

    SEC Sues Fla. Firm Pushing Investments In COVID-19 Cure

    The U.S. Securities and Exchange Commission filed suit against a purported internet investment adviser on Wednesday for failing to turn over its books while touting investment opportunities related to treatments and vaccines for COVID-19.

  • June 03, 2020

    Ex-Bumble Bee CEO Fights Feds' 10-Year Sentence Bid

    Former Bumble Bee CEO Chris Lischewski urged a California federal judge Wednesday to reject prosecutors' request for a 10-year prison sentence for his role in fixing the price of tuna, arguing that there was no evidence he led the conspiracy, obstructed justice or caused losses and that he should get no more than 10 months.

  • June 03, 2020

    It's Getting Harder To Hide Consultants' Data Breach Reports

    Capital One is the latest company ordered by a U.S. court to disclose a consultant's analysis of a massive data breach, in a potential boon for consumers but a troubling development for businesses aiming to talk frankly about breaches without fear of legal repercussions.

Expert Analysis

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • 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.

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