White Collar

  • January 27, 2022

    Judge Says Shkreli's Picasso Can Be Sold To Pay $2.6M Debt

    A New York federal judge on Thursday authorized a receiver to sell a Picasso etching seized from imprisoned "pharma bro" Martin Shkreli to settle a $2.6 million debt the former drug firm executive owes to a Pennsylvania pharmaceutical industry consultant.

  • January 27, 2022

    DVD Pirate Must Face Over 2 Years In The Brig, Feds Say

    Federal prosecutors on Wednesday asked a New York judge to sentence a British hacker to more than two years in prison after he admitted his role in a syndicate responsible for pirating nearly every major motion picture released on disc from 2011 to early 2020.

  • January 27, 2022

    FTC Says Social Media Is A 'Gold Mine' For Crypto Scammers

    Facebook, Instagram and other social media platforms are a "gold mine" for scammers, according to a new consumer protection data report from the U.S. Federal Trade Commission, which said last year saw a sharp spike in online fraud schemes, particularly bogus cryptocurrency ventures.

  • January 27, 2022

    Breyer's Departure Opens Door For More Reliable Privacy Vote

    Retiring U.S. Supreme Court Justice Stephen Breyer has had a mixed record on defending individuals from warrantless government searches and unwanted robocalls, presenting an opportunity for the "wild card" to be replaced with a jurist who's more solidly on the side of protecting privacy and civil liberties. 

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Edelson, Ex-Girardi Attys Can Post Separate Financial Charts

    An Illinois federal judge probing contempt liability over Thomas V. Girardi's misappropriation of $2 million said Thursday that he'll accept separate charts reflecting certain Girardi & Keese accounts' cash flow, after learning a dispute arose over how to present the information to the court.

  • January 27, 2022

    SEC Calls Out Private Fund Advisers' Fee, Disclosure Lapses

    The U.S. Securities and Exchange Commission on Thursday highlighted a list of failures it says were committed by private fund advisers over a five-year examination period, including botched fee calculations, overcharges and a host of disclosure lapses.

  • January 27, 2022

    4 Breyer Opinions Every Trial Lawyer Should Know

    Retiring U.S. Supreme Court Justice Stephen Breyer was instrumental in reinforcing the constitutional rights of trial defendants during his tenure, including in an opinion criticizing a core element of jury selection that is now coming under closer scrutiny.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Chicken Of The Sea Buyers Win OK Of $40M Price-Fix Deals

    A California federal judge has signed off on three deals totaling $39.5 million resolving buyers' claims that Chicken of the Sea International schemed with other seafood producers to jack up the price of canned tuna, bringing an end to years of antitrust litigation against the tuna giant.

  • January 27, 2022

    Meadows On Shaky Legal Ground With Privilege Claim

    The U.S. Supreme Court's decision last week rejecting former President Donald Trump's bid to block certain White House documents from the House select committee probing the deadly Jan. 6 Capitol attack will make it more difficult for his allies, such as his former chief of staff Mark Meadows, to keep documents or conversations they had with Trump pertaining to the attack private.

  • January 27, 2022

    Why Breyer Is To Thank (Or Blame) For Sentencing Guidelines

    Justice Stephen Breyer will retire as a great deal maker at the U.S. Supreme Court, but in the shadow of his jurisprudence lies a more complicated part of his legacy: the often-maligned federal sentencing guidelines that fundamentally reshaped the practice of criminal law.

  • January 27, 2022

    Trump Spokesman Fights To Keep Jan. 6 Bank Docs Private

    A lawyer representing a spokesman for former President Donald Trump indicated Thursday that he plans to revise a lawsuit against the House select committee investigating last year's U.S. Capitol riot to block Chase Bank from handing over more of his client's private financial records to the panel.

  • January 27, 2022

    Stormy Daniels Tells Jury Avenatti Lied And Stole From Her

    Former Michael Avenatti client Stormy Daniels took the witness stand Thursday in the criminal case accusing the celebrity lawyer of defrauding the adult film actress out of hundreds of thousands of dollars from a book deal, saying Avenatti "stole from me and lied to me."

  • January 27, 2022

    2nd Circ. Reverses Deutsche Bank Traders' Libor Convictions

    The Second Circuit on Thursday acquitted two former Deutsche Bank traders who were convicted of Libor-rigging in 2018, deeming the evidence at trial insufficient to prove that the pair made false statements to benefit the bank's derivatives positions.

  • January 27, 2022

    Ex-Commander Cops To 'Fat Leonard' Scandal As Trial Nears

    A former Navy officer admitted to accepting thousands of dollars' worth of meals, hotel stays and sex worker services from a contractor, marking the latest officer embroiled in the "Fat Leonard" scandal to plead guilty weeks ahead of trial.

  • January 27, 2022

    'Lottery Lawyer' Says Feds Have 'Pattern' Of Misconduct

    The "Lottery Lawyer" charged with bilking his clients' winnings has accused prosecutors in New York's Southern and Eastern districts of a "pattern" of misconduct, urging a judge to force them to finally turn over potentially exculpatory material. 

  • January 27, 2022

    Feds Can Prosecute State Marijuana Licensees, 1st Circ. Says

    The First Circuit refused to revive claims accusing the U.S. Department of Justice of misappropriating federal funds to prosecute three medical marijuana business associates from Maine accused of running a black-market operation, despite them possessing marijuana business licenses from the state.

  • January 27, 2022

    'Street Level' Oxy Pusher Admits Tricking Ex-CEO's Company

    The Manhattan U.S. attorney's drug conspiracy case against former Rochester Drug Cooperative CEO Larry Doud inched toward completion Thursday after an opioid pusher told jurors he never met Doud and got meds from the company by lying about his pharmacy's operations.

  • January 27, 2022

    Biden Nominates 6 US Attys, From New England To Alaska

    President Joe Biden has announced the nomination of four current prosecutors and two former ones to lead U.S. attorney's offices in the districts of New Hampshire, Alaska, Utah, Connecticut, Montana and New Mexico.

  • January 27, 2022

    Texas Judge Delays Trial In KBR Kickback Scheme

    A Texas federal judge agreed Thursday to delay a trial originally set for mid-February in a lawsuit that accuses KBR Inc. of violating the False Claims Act when a former employee engaged in a kickback scheme with a subcontractor, warning the parties this will be the only continuance allowed.

  • January 27, 2022

    Privacy Groups Push 'Fourth Amendment Not For Sale' Bill

    Consumer privacy advocates are urging lawmakers to advance a bill to prevent law enforcement and intelligence agencies from buying Americans' private data from telecom providers.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    White Collar Group Of The Year: Paul Hastings

    Paul Hastings LLP guided Goldman Sachs through a $2.9 billion plea deal that resolved a criminal investigation into the bank's role in the 1Malaysia Development Bhd. scandal, and helped reverse the fraud convictions of former Wilmington Trust Corp. executives, earning the firm a spot among Law360's 2021 White Collar Groups of the Year.

  • January 27, 2022

    Miami's Meland Budwick Adds Former Prosecutor

    Miami law firm Meland Budwick PA snagged a former federal prosecutor and investment banker as a new partner for its litigation practice.

Expert Analysis

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Opinion

    SEC Sacrifices Process To Block New Proxy Adviser Rules

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    The U.S. Securities and Exchange Commission's about-face on its recently passed reforms concerning proxy advisers is an example of how Chair Gary Gensler has forgone deliberation and bipartisanship to pursue his ambitious agenda — which is emblematic of the increasing politicization of the commission, says David Dragics at the National Investor Relations Institute's Advocacy Committee.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • The New Antitrust Agenda's Impact On Energy And Chemicals

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    The Biden administration's antitrust enforcers have already left their mark on the energy and chemicals industries, with longer and more frequent investigations, lower standards for second requests on mergers, and a wider range of concerns in merger reviews, say attorneys at V&E.

  • 4 Consequences Of Gov't Contractor Antitrust Violations

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    Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.

  • How Health Cos. Have Responded To Anti-Kickback Reform

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    A year after the Centers for Medicare & Medicaid Services revised anti-fraud and abuse regulations for value-based care arrangements, health companies have expressed some willingness to embrace new safe harbors, but ultimately further reform may be necessary, say Troy Barsky and Barbara Ryland at Crowell & Moring.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Opinion

    Money Laundering Regs Too Unwieldy To Police Art Market

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    As the arts and antiquities trade awaits the U.S. Department of the Treasury's new money laundering regulations — which apply the Bank Secrecy Act to the arts for the first time — whether they are reasonable, optimal or practical remains in question, says Alexandra Darraby at The Art Law Firm.

  • Takeaways From White Collar Criminal Enforcement In 2021

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    White collar criminal prosecutions were up in 2021, with recent high-profile fraud trials, the Biden administration's enforcement priorities and the continuing effects of the COVID-19 pandemic potentially reversing the previous trend of slumping white collar prosecutions, say attorneys at Keker Van Nest.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Why US Businesses May Stop Accepting Cryptocurrency

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    New reporting requirements from the IRS and Financial Crimes Enforcement Network could be game changers that dramatically curtail U.S. businesses that accept cryptocurrency, says cybersecurity consultant John Reed Stark.

  • What Attys Can Learn From Harvard Professor's Conviction

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    The recent conviction of Harvard professor Charles Lieber, on charges of lying about ties to China, highlights the perils that even highly educated white collar targets face in an FBI interview without counsel present, and it provides urgent lessons for attorneys on guiding their clients through stressful circumstances, say Jack Sharman and Tatum Jackson at Lightfoot Franklin.

  • Top 10 Whistleblowing And Retaliation Events Of 2021

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    Last year's most important whistleblower developments will likely reverberate into 2022 and beyond, with key court rulings and legislative advancements poised to expand protections, and a record-breaking amount of awards issued by the U.S. Securities and Exchange Commission likely to incentivize more information sharing, say Steven Pearlman and Pinchos Goldberg at Proskauer.

  • More Securities Class Actions May Rely On Short-Seller Data

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    In light of a recent increase in global securities class action exposure, and ongoing reliance on short-seller research to substantiate claims, issuers should prepare for more frequent and severe fraud-on-the-market suits, say analysts at SAR.

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