White Collar

  • November 30, 2020

    Suit Seeks VA's PPE Receipts Amid Price-Gouging Crackdown

    A Boston-area defense attorney has filed a lawsuit seeking to unearth documents showing what the U.S. Department of Veterans Affairs paid for personal protective equipment during the springtime COVID-19 surge, information that could be relevant in criminal price-gouging cases.

  • November 30, 2020

    Ex-Trump Aide Files $75M Suit Over Russia Probe Surveillance

    Former Trump 2016 campaign adviser Carter Page has sued the U.S. Department of Justice, FBI and several former top-ranking bureau officials in D.C. federal court, demanding $75 million and other relief for "multiple violations" allegedly caused by the FBI's controversial surveillance of him as part of its probe into Russian election interference.

  • November 09, 2020

    Former SDNY Chief Counsel Returns To Arnold & Porter

    The former chief counsel to the U.S. attorney for the Southern District of New York is returning to Arnold & Porter as a partner and joining its white collar and defense investigations practice.

  • November 30, 2020

    Justices To Gauge Tribes' Power To Protect Their Own

    The U.S. Supreme Court will consider fine points of police procedure in a case concerning the suppression of evidence obtained by a Crow tribal cop, but the decision will give a window on the current justices' views on tribal authority and could have a powerful impact on tribes' ability to fight crimes committed by non-Natives against their members.

  • November 30, 2020

    SBM Offshore Faces Swiss Probe Over Bribery Scandal

    Dutch oil driller SBM Offshore said Monday it is facing a criminal investigation in Switzerland over a bribery and corruption scandal in which the company has already been fined hundreds of millions of dollars in the U.S., Brazil and the Netherlands.

  • November 25, 2020

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2020 Practice Groups of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • November 25, 2020

    The Firms That Dominated In 2020

    The eight law firms topping Law360's Firms of the Year managed to win 54 Practice Group of the Year awards among them, for guiding landmark deals, scoring victories in high-profile disputes and helping companies navigate uncharted legal seas made rough by the coronavirus pandemic.

  • November 25, 2020

    Akin Gump Must Explain Role In $1B Ohio Energy Bailout Bill

    An Ohio bankruptcy judge ordered Akin Gump Strauss Hauer & Feld LLP attorneys billing the bankruptcy estate of reorganized debtor FirstEnergy Solutions Corp. to explain what role, if any, they had in lobbying efforts to get a controversial $1 billion nuclear reactor bailout bill passed by the Ohio Legislature before he would approve their fees.

  • November 25, 2020

    Feds Say NC Atty Used Fraudulent Funds For Plastic Surgery

    A North Carolina attorney has been charged with bank fraud after she and two others allegedly applied for loans and credit cards using Social Security numbers that were not theirs to pay for her plastic surgery and other expenses, according to federal prosecutors.

  • November 25, 2020

    Ex-SCANA CEO Cops To Fraud In Nuke Plant Plans Debacle

    The former CEO of South Carolina utility company SCANA Corp. pled guilty to federal and state charges of fraud stemming from his role in an alleged plot in which the company misled investors about plans for a $9 billion nuclear power plant expansion.

  • November 25, 2020

    Up Next At High Court: Census Fight, Child Slavery Claims

    Kicking off its final oral arguments of the year, the U.S. Supreme Court on Monday will hear the Trump administration's efforts to exclude unauthorized immigrants from the population count and a bid by Nestlé and Cargill to escape liability for alleged child slavery.

  • November 25, 2020

    What To Watch As High Court Takes On Computer Crime Law

    A computer crime law whose scope has been hotly debated since it was passed in 1984 will be in the limelight Monday when the U.S. Supreme Court considers whether a Georgia police officer violated federal law by abusing his access to an online government database. Here's a breakdown of three key questions that may arise and could decide where the court ultimately comes down.

  • November 25, 2020

    NJ Gym Can't Halt Civil Case Over Flouting Virus Shutdown

    A New Jersey gym facing an enforcement order and hefty fine after defying Gov. Phil Murphy's COVID-19 shutdown orders can't get a civil lawsuit against it paused while the gym's owners battle criminal charges, a state judge has ruled.

  • November 25, 2020

    Manhattan DA Takes Manafort Case To NY's Highest Court

    Manhattan District Attorney Cyrus Vance is moving forward with appealing the dismissal of state fraud charges against former Trump campaign chairman Paul Manafort to New York's highest court, after two lower courts agreed the indictment should be dismissed on double jeopardy grounds.

  • November 25, 2020

    Trump Pardons Former Nat'l Security Adviser Michael Flynn

    President Donald Trump on Wednesday pardoned his former National Security Adviser Michael Flynn, who admitted twice to lying to FBI agents about his 2016 contacts with Russia and has been trying to rescind his plea.

  • November 25, 2020

    Judge Won't Order Ch. 11 Freeze On Crypto Firm's Assets

    Creditors of bankrupt cryptocurrency investment venture Cred Inc. lost a bid Wednesday to have the Delaware Bankruptcy Court order certain currency exchanges to freeze assets they say are linked to fraudulent diversions from the company.

  • November 25, 2020

    Sport Supplement Co., Owner Plead Guilty Over Steroids

    The U.S. Department of Justice on Wednesday announced that a North Carolina man and his sport supplement company pled guilty to a felony charge for illegally distributing steroids with the intent to defraud consumers and the U.S. Food and Drug Administration and agreed to forfeit $1.2 million.

  • November 25, 2020

    Embattled Energy Exec Charged In $317M N95 Mask Scheme

    A Houston energy executive already facing criminal fraud charges related to what jurors determined was infringement on Chevron's trademark has now been accused of duping an Australian state into paying $317 million for non-existent N95 face masks.

  • November 25, 2020

    'Varsity Blues' Judge Tells Attys To Prep For Trial Or Withdraw

    Lawyers for parents in the "Varsity Blues" college admissions case need to be ready for a trial with adequate precautions or else withdraw from the case, a federal judge in Massachusetts said Wednesday, responding sharply to four defendants' request for a seven-month delay amid the coronavirus pandemic.

  • November 25, 2020

    4 Key Insurance Appeals To Watch In December

    Appeals courts will take on several important insurance coverage issues in 2020's final month, with the Delaware Supreme Court set to weigh whether an excess insurer must contribute to Dole's $222 million settlements of stockholder suits and Indiana's high court primed to consider whether a ransomware attack is covered by crime insurance. Here, Law360 breaks down four insurance appeals attorneys will be watching in December.

  • November 24, 2020

    Calif. Inmates Have Claimed $1B In Jobless Benefits, DAs Say

    Tens of thousands of inmates in California's jails and prisons have fraudulently claimed more than $1 billion in unemployment claims during the COVID-19 pandemic, a massive scheme that a coalition of district attorneys on Tuesday said may be the biggest fraud of taxpayer dollars in Golden State history.

  • November 24, 2020

    San Bernardino Settles Retaliatory Prosecution Suit For $65M

    The California county of San Bernardino will pay Colonies Partners LP $65 million to end the development firm's federal court suit accusing the county of the retaliatory investigation and malicious prosecution of a co-managing partner at the firm, the parties announced Tuesday.

  • November 24, 2020

    Commissioner Blasts CFTC's 'Incomplete' Oil Crash Report

    A member of the U.S. Commodity Futures Trading Commission said Tuesday the agency's long-awaited report on April's historic oil futures crash failed to provide a "meaningful understanding" of what caused prices to plunge into negative territory.

  • November 24, 2020

    Kansas Atty Suspended After Copping To Role In Cyberattacks

    Oklahoma's highest state court on Tuesday suspended for over two years a Kansas personal injury lawyer who pled guilty last year to knowing about cyberattacks waged on his behalf against Leagle.com and others.

  • November 24, 2020

    Barnes & Thornburg Adds Ex-Federal Prosecutor As Partner

    Barnes & Thornburg LLP announced Tuesday that former U.S. Attorney Joshua J. Minkler has joined its firm as a partner.

Expert Analysis

  • New Criminal Rule 5(f) Could Alter Brady Disclosure Timing

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    A recent congressional amendment to Federal Rule of Criminal Procedure 5(f) highlights the importance of Brady material and may significantly change when prosecutors must produce exculpatory materials to defendants, but to avoid a patchwork of local standards, the rules committee should consider adopting a national standard, say John Siffert and Brice Jastrow at Lankler Siffert.

  • 7 Tips For Predeposition Meetings Under New Federal Rule

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    Attorneys can use a new predeposition meet-and-confer obligation for federal litigation — taking effect Tuesday — to better understand and narrow the topics of planned testimony, and more clearly outline the scope of any discovery disputes, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • How To Prepare For Congressional Investigations In 2021

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    Congressional investigations in the health care, financial services, fossil fuel and technology sectors are likely to intensify next year amid a highly partisan environment, and companies that may be targets should get ready for testimony and document production well before an inquiry, say attorneys at Hogan Lovells.

  • What To Expect From Federal Agency Leadership Changes

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    Attorneys at Morgan Lewis discuss how quickly companies may see policy changes from new leadership at the U.S. Department of Treasury, U.S. Department of Justice, U.S. Department of Labor, U.S. Equal Employment Opportunity Commission and National Labor Relations Board after the Biden administration takes office.

  • Opinion

    NY Right To Investigate Trump Consulting Fees For Tax Fraud

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    New York authorities correctly put aside political considerations and took the appropriate first step in any tax fraud investigation by seeking bank and corporate records to investigate potential connections between Trump Organization write-offs and income mirrored by Ivanka Trump's consulting company, says Daren Firestone at Levy Firestone.

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • Even In Tropical Florida, Courts Can Still Freeze Debtor Assets

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    As Florida continues to draw new residents, those attracted by the assumption that it is a debtor-friendly locale are in for a surprise as the state's courts can, and do, recognize and enforce foreign judgments, asset freezes and injunctions, say John Chapman and Benjamin Taormina at Holland & Knight.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • A Forgotten But Effective Tool Against Opioid Scams

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    With the pandemic contributing to rising rates of opioid and substance use disorders, prosecutors should consider the regrettably underused Eliminating Kickbacks in Recovery Act as a tool for targeting and shutting down body brokers and others in the treatment industry that place profits above patients, say Michael Adelberg and Matthew Rubin at Faegre Drinker, and Melissa Garrido at Boston University.

  • What To Expect From DOJ Enforcement Under Biden

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    Companies shouldn't fear a rapid uptick in overall corporate enforcement actions by the U.S. Department of Justice under a new Democratic administration, but should anticipate a shift in focus away from immigration cases toward COVID-19-related fraud and civil rights reform, say Sandra Moser and Kenneth Polite at Morgan Lewis.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Uncertainty Around Border Phone Search Standard Continues

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    The U.S. Supreme Court's recent cert denial in Williams v. U.S. continues confusion on the level of suspicion required for border agent electronic device searches, so international travelers should take steps to protect their sensitive information, say Alexander Lawrence and Sara Stearns at MoFo.

  • Tech Cos. Could Face Stiffer SEC Enforcement Under Biden

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    Ahead of President-elect Joe Biden's appointment of a new U.S. Securities and Exchange Commission chair, Silicon Valley should expect greater scrutiny of whistleblowers, earnings management, risk disclosures and insider trading — all potentially influenced by the federal courts in serving as a check on the agency's enforcement, say attorneys at MoFo.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • 5 Red Flags For Pandemic-Related Investment Scams

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    As the U.S. Securities and Exchange Commission clamps down on fraudsters seeking funding for pandemic-related products and services, several warning signs can help identify investment scams, says Alan Rosca at Goldman Scarlato.

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