White Collar

Expert Analysis

• 5 Predictions For FCPA Enforcement In 2020

  

  In addition to joining the chorus of others who predict that increased global engagement by U.S. authorities will lead to record levels of Foreign Corrupt Practices Act enforcement, we also expect 2020 will bring changes in FCPA restitution, calculation of damages, declinations to prosecute and more, say attorneys at V&E.

• Managing Money Laundering Risk In The Art Trade

  

  The Office of Foreign Assets Control's recent declaration that a Lebanese art dealer's gallery was used to conceal Hezbollah financing is a reminder to the art community of the need for strict compliance with U.S. criminal anti-money laundering laws, say Nicole Horowitz and Brendan Hanifin of Ropes & Gray.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• Energy Cos. Face China State Secrecy Law Risks

  

  Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

• 2nd Circ. Ruling Could Lower Bar For Insider Trading Charges

  

  ​​​​​​​The Second Circuit’s recent decision in U.S. v. Blaszczak potentially makes it easier to prosecute insider trading cases by ruling the government doesn't need to prove an insider received any personal benefit in exchange for sharing material, nonpublic information, say attorneys at Goodwin.

• 2019 Trends In DOJ Civil Health Care Fraud Cases

  

  Last year, the U.S. Department of Justice maintained aggressive enforcement efforts in the health care industry, again relying heavily on the False Claims Act, but the agency is also taking steps to guide those efforts toward fairness and consistency, say attorneys at Mintz.

• FinCEN's Most Lethal AML Weapon Against Foreign Banks

  

  As the U.S. Financial Crimes Enforcement Network plans to increase its use of so-called special measures under the USA Patriot Act, it is a good bet FinCEN will focus its efforts to exile foreign banks it believes pose a money laundering threat to the U.S. financial system, says Arthur Middlemiss at Lewis Baach.

• Series

  Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

• 2019 Trends In DOJ Health Care Enforcement

  

  Last year, opioid-related enforcement was the U.S. Department of Justice's top priority, in addition to a sustained focus on the prosecution of private individuals and data-driven identification of health care fraud, say attorneys at Mintz.

• Reviewing 2019's White Collar Cases And Controversies

  

  From the “Varsity Blues” investigation to the Mueller report, white collar criminal cases were at the forefront of the national dialogue last year. Attorneys at Keker Van Nest look back at the most significant white collar cases and trends from 2019 and highlight what to watch for in 2020.

• 7 Insider Tips For Working With In-House Counsel

  

  For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

• 50 Years Later, Interpretive Challenges Remain For RICO

  

  In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

• Ransomware’s Year-End Thank You Note To Bitcoin

  

  Last year's surge in ransomware attacks got a boost from Bitcoin, which helped cybercriminals carry out their extortion schemes with much greater ease, efficiency and speed, says cybersecurity consultant John Reed Stark.

• 7 Ethics Tips For Lawyers' Pretrial Social Media Use

  

  As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

• Opinion

  States Should Not Follow ABA On Attorney Conduct Rules

  

  Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.