White Collar

Expert Analysis

• Key Aspects Of DOJ's Gov't Procurement Antitrust Initiative

  

  The U.S. Department of Justice’s recently announced interagency strike force targets bid-rigging and other antitrust crimes at every level of government, meaning individuals and companies involved in government procurement or grants should prepare for increased scrutiny and enhanced enforcement, say attorneys at Latham.

• Health Care Fraud Lessons For Lawyers Advising Doctors

  

  The U.S. Department of Justice's seven recent health care fraud takedowns reflect an overall shift in how this type of fraud works, from doctor-driven to doctor-enabled schemes, says Stephen Lee at Benesch.

• 7 Steps For Managing Private Equity Whistleblower Risk

  

  In light of the U.S. Securities and Exchange Commission's report last week that whistleblower payouts have declined, private equity firms — which face unique risks — should shore up policies to encourage internal reporting and discourage retaliation, say attorneys at Kirkland.

• How To Hire Lateral Partners More Effectively

  

  Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

• High Court's Pass On 1 SEC Case Offers Insight Into Another

  

  The U.S. Supreme Court effectively recognized the U.S. Securities and Exchange Commission's extraterritorial reach in denying certiorari in Scoville v. SEC. The move may foreshadow the high court's eventual ruling in Liu v. SEC, which will determine the regulator's authority to seek disgorgement, say Adam Schwartz and Russell Koonin at Homer Bonner.

• Record Spoofing Settlement Provides Guidance For Traders

  

  A record $67.4 million settlement the U.S. Department of Justice and the Commodity Futures Trading Commission recently negotiated with Tower Research Capital over alleged futures market spoofing offers commodities traders enforcement and compliance guidance, and reflects increasing coordination among regulators, say Charley Mills and Matt Kulkin at Steptoe & Johnson.

• 4 Months After Kisor V. Wilkie, Auer Deference Survives

  

  Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

• Adapting 4th Amendment Standards To Connected Tech

  

  An evolving view of the Fourth Amendment acknowledges that the detailed and sensitive nature of internet of things data — which is starting to find its way into courtroom evidence — requires strong privacy protections and a shift away from a blunt, either-or approach to third-party access, say Jennifer Huddleston and Anne Philpot of George Mason University.

• Key Takeaways From Ex-Alstom Exec's FCPA Conviction

  

  In U.S. v. Hoskins, a Connecticut federal court last week convicted a foreigner who did not work for a U.S. company of Foreign Corrupt Practices Act violations, presenting valuable lessons about the scope of FCPA liability and how to effectively withdraw from a bribery scheme, say Sunil Shenoi and Kim Nemirow at Kirkland.

• Texas Could Take Page From Mass.'s Judicial Selection Book

  

  As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

• Genetic Testing Gold Rush Gives Rise To Fraud Allegations

  

  As Medicare payments for genetic testing rise, recent federal indictments over related fraud schemes suggest that a crackdown is already underway, says Alexander Owens of Pietragallo Gordon.

• Opinion

  What Headlines Missed About ‘Cartel’ Traders’ Trial 1 Year Ago

  

  In U.S. v. Usher, a Manhattan federal jury acquitted three British forex traders known as "the cartel" of antitrust allegations one year ago, but some common myths about the case, perpetuated by flashy headlines, still need to be debunked, say White & Case's Samuel Feldman and Mark Gidley, who represented one of the defendants.

• Series

  Judging A Book: McKeown Reviews 'Conversations With RBG'

  

  Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

• Teaching Witnesses To Avoid Cross-Examination Traps

  

  It’s common for inexperienced witnesses to become ensnared in their own responses during cross-examination, so they should be coached in advance on how to break down each question-and-answer scenario into three distinct phases, says Jeff Dougherty of Litigation IQ.

• Support For Federal Anti-Doping Bill Seems To Be Waning

  

  A federal bill that would criminalize international doping fraud conspiracies in sports would fill a necessary gap in U.S. enforcement policy, but it may take several more doping scandals before this type of legislation becomes reality, say Gavin Parrish and Miguel Salcedo of FTI Consulting.