White Collar

  • July 03, 2020

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

    The last week has seen a competition suit against Royal Mail, a Saint-Gobain unit lodge a patent claim against 3M and a Russian bank file another suit against Mozambique and one of the state-owned entities embroiled in a $2 billion bribery scandal. Here, Law360 looks at those and other new claims in the U.K.

  • July 02, 2020

    NY Appeals Manafort Fraud Suit Axed As Double Jeopardy

    The Manhattan district attorney urged a New York appellate court Thursday to revive a state criminal mortgage fraud case against the president's former campaign chairman Paul Manafort, arguing that the state charges are distinct from federal charges he's currently serving time for and aren't grounds for double jeopardy.

  • July 02, 2020

    DNC, Perkins Coie Must Face Defamation Suit, Page Says

    Former Trump campaign adviser Carter Page has asked an Illinois federal judge not to dismiss his defamation allegations against the Democratic National Committee and its Perkins Coie LLP legal team, arguing that his suit over the infamous "Steele Dossier" was timely and that the court should have jurisdiction over the matter.

  • July 02, 2020

    Justices Dim Dems' Hopes Of Seeing Mueller Docs By Election

    The U.S. Supreme Court's decision to hear arguments on whether the Trump administration has to give the House Judiciary Committee access to grand jury materials produced by former special counsel Robert Mueller has dealt a significant blow to Democrats' yearlong legal bid to secure those records before the November election. 

  • July 02, 2020

    US Atty In EDNY To Depart For Main Justice Role

    Richard Donoghue is leaving his post as U.S. attorney for the Eastern District of New York to take a job at the U.S. Department of Justice headquarters, a development that comes on the heels of the messy recent ouster of Donoghue's Manhattan-based colleague Geoffrey Berman.

  • July 02, 2020

    SDNY Trial Of Banker Tied To Manafort Is Delayed

    A New York federal judge on Thursday delayed at least until December the trial of a banker accused of attempting to bribe Trump campaign boss Paul Manafort with $16 million in loans in exchange for a shot at working in the administration.

  • July 02, 2020

    PwC Employees Say Too Late To Add Them To TelexFree MDL

    Attempts to add a PricewaterhouseCoopers partner and manager as defendants in the multidistrict litigation over the TelexFree Ponzi scheme are pure "gamesmanship" and should not be permitted, the men told a Massachusetts federal judge Wednesday.

  • July 02, 2020

    NY Judge Axes Standard Chartered FCA Suit At Feds' Request

    A New York federal judge has dismissed a whistleblower suit accusing Standard Chartered Bank of lying to U.S. authorities to shave billions of dollars from what it allegedly should have paid for violations of Iran sanctions, granting a government request that he said he had "no difficulty" deeming well-founded.

  • July 02, 2020

    High Court Warned Of Danger In 11th Circ.'s Expanded CFAA

    The Eleventh Circuit's broad view of the Computer Fraud and Abuse Act would criminalize ordinary internet activity like posting items in the wrong Craigslist category, lawyers for a former Georgia police officer claim in a case set to go before the U.S. Supreme Court.

  • July 02, 2020

    Platinum Receiver Settles With Insurers For $14M

    The receiver for defunct hedge fund Platinum Partners agreed to pay around $14 million to settle with insurers that say Platinum owed them more than $44 million, a move the receiver said eliminated one of the biggest obstacles to investors finally recouping some of their losses.

  • July 02, 2020

    Calif. Woman Gets 2 Years For False Green Card Promises

    A California woman received a two-year sentence for defrauding four Iranian nationals out of $120,000 with false promises that she could secure them American immigration benefits, including green cards and citizenship, the Justice Department has announced.

  • July 02, 2020

    Developer Allegedly Conspired To Defraud La. Bank Of $123M

    A real estate developer has been charged in New Orleans federal court with conspiracy to defraud $123 million from the now-defunct First NBC Bank through a scheme allegedly orchestrated with the bank's president and other employees.

  • July 02, 2020

    Entrepreneur Who Gave Tips On Dad's Pharma Co. Gets Year

    A Manhattan federal judge sentenced entrepreneur Telemaque Lavidas on Thursday to a year and a day in prison for insider trading, after a jury convicted him of passing secrets to a trader friend about Ariad Pharmaceuticals, where his father sat on the board.

  • July 02, 2020

    Butler Snow Says Timber Scam Contract Favors Arbitration

    The key to determining the correct forum for a case that accuses Butler Snow LLP and its business development subsidiary of helping a now-imprisoned client pull off a massive Ponzi scheme is what the contract doesn't include, the law firm told a Fifth Circuit panel Thursday.

  • July 02, 2020

    Top New Jersey Cases Of 2020: A Midyear Report

    New Jersey attorneys made possible a host of significant achievements in the first half of 2020 as the state maintained its place as the second-hardest-hit by COVID-19 and shuttered courtrooms forced most proceedings to be held via telephone or Zoom. 

  • July 02, 2020

    Ex-Pimco CEO Won't Get New 'Varsity Blues' Sentencing

    A federal judge won't reconsider the former CEO of Pacific Investment Management Co.'s nine-month prison term in the "Varsity Blues" college admissions case, ruling Thursday that he failed to show the government withheld evidence suggesting he's innocent.

  • July 02, 2020

    Epstein Ex Ghislaine Maxwell Charged With Sex Crimes

    British socialite Ghislaine Maxwell has been charged with conspiring with deceased financier Jeffrey Epstein to entice minors to travel to engage in illegal sex acts, according to an indictment made public Thursday by the Manhattan U.S. attorney's office.

  • July 02, 2020

    Alexion Pharmaceuticals To Pay SEC $21M Over FCPA Claims

    Alexion Pharmaceuticals will shell out almost $21.5 million to settle U.S. Securities and Exchange Commission claims that two Alexion subsidiaries bribed Russian and Turkish officials to secure preferential treatment for its blood disorder drug, Soliris, the SEC said Thursday.

  • July 02, 2020

    Justices To Decide Whether DOJ Must Turn Over Mueller Docs

    The Supreme Court will decide whether the DOJ has to give the House Judiciary Committee unredacted materials from former special counsel Robert Mueller's grand jury investigation, taking up the Trump administration's appeal on Thursday morning.

  • July 01, 2020

    Insys Execs Can't Dodge Prison During Appeal, Seek Delay

    The First Circuit said Wednesday that Insys Therapeutics Inc. founder John Kapoor and other former executives can't dodge prison while they appeal convictions on charges of scheming to bribe doctors to prescribe the company's fentanyl spray, but they're asking the trial court to put off their prison surrender date.

  • July 01, 2020

    DOJ Seeks Warhol, Monet Artwork In $96M 1MDB Clawback

    The U.S. Department of Justice on Wednesday filed civil forfeiture complaints seeking about $96 million in assets allegedly related to money laundering by a Malaysian state-owned investment fund, including artwork by Claude Monet, Jean-Michel Basquiat and Andy Warhol.

  • July 01, 2020

    SEC Says Broker Can't Attack Its Investigation In Bribe Trial

    The U.S. Securities and Exchange Commission asked a Manhattan federal court to keep an analyst's upcoming bribery trial limited to his alleged cover-up of an $11,000 ski trip, saying the court should block an anticipated defense centered on the SEC's investigation and the misdeeds of co-conspirators.

  • July 01, 2020

    Former Obama Deputy WH Counsel Joins Latham in NYC

    Latham & Watkins LLP has tapped former deputy White House counsel and MacAndrews & Forbes deputy general counsel Michael Bosworth to join its New York office as a partner in the litigation and trial department and a member of the white collar defense & investigations practice, the firm said Wednesday.

  • July 01, 2020

    5th Circ. Told To Reject Client's Bid For Piece Of Fee Award

    A doctor who blew the whistle on Medicaid fraud is brazenly overreaching by arguing that he is entitled to a share of the attorney fees his lawyer was awarded by a bankruptcy court after a $4 million settlement, the attorney argued to the Fifth Circuit Wednesday.

  • July 01, 2020

    RICO Charge Not Fit For 'Varsity Blues' Coaches, Judge Hears

    Federal prosecutors have no business hitting coaches and officials in the "Varsity Blues" college admissions case with a racketeering charge, a federal judge heard Wednesday during a lengthy hearing over bids to pare the hard-hitting statute from the indictment.

Expert Analysis

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Rebuttal

    The Remote Jury Trial Is Not A Bad Idea

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    A recent Law360 guest article argued that the fundamental genius of the jury trial can only exist in a live setting in a courtroom, but the online process is at least as fair as its in-person counterpart, says Pavel Bespalko at Tricorne.

  • Corporate Investigation Lessons From EBay Stalking Scandal

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    The recent eBay criminal cyberstalking scandal reminds companies and law firms that investigative activities, even if undertaken solely using online research tools, could easily risk criminal or civil legal liability and violations of attorney ethics rules, says Joseph DeMarco at DeVore & DeMarco.

  • A Midyear Look At Key US Sanctions Developments

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    During an active first half of 2020, the Office of Foreign Assets Control strengthened its sanctions programs, issued new guidance documents and announced several enforcement actions, underscoring that even during a pandemic, sanctions compliance is indispensable, say attorneys at Ropes & Gray.

  • Opinion

    'Friends And Family' Insider Trading Theory Is Debatable

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    While it is widely accepted that securities trading by friends and loved ones of corporate insiders amounts to securities fraud, the theory is based on a generous deference to the U.S. Securities and Exchange Commission under two controversial U.S. Supreme Court precedents, and now may be a uniquely opportune time to challenge them, says Russell Ryan at King & Spalding.

  • Updated DOJ Guidance Holds COVID-19 Compliance Clues

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    The U.S. Department of Justice's recently updated corporate compliance guide includes a few modest edits that are especially relevant in the COVID-19 environment as companies navigate new risks and consider new business models amid tightening budgets, say Audrey Harris and Juliet Gunev at Mayer Brown.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Defense Considerations For SEC Remote Interview Requests

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    Without a pandemic resolution in sight, defense counsel will need to make adaptations when addressing remote testimony requests from the U.S. Securities and Exchange Commission, including negotiating for favorable interview conditions and mitigating the consequences of a refusal to testify, say attorneys at Richards Kibbe.

  • Addressing Facial Recognition Tech's Discriminatory Potential

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    Recent civil rights groups' objections, industry statements and proposed bills on the use of facial recognition technology highlight several problematic concerns, including that it lacks accuracy in identifying nonwhite individuals and may play a role in racially discriminatory policing, say Laura Jehl and Kari Prochaska at McDermott.

  • Cert. Denial In Televisa May Embroil 3rd-Party Asset Managers

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    A New York federal court's recent refusal to grant class certification to investors in Grupo Televisa in a FIFA scandal stock-drop case may lead to additional discovery burdens for asset managers performing third-party management services for pooled investment vehicles, say attorneys at Ropes & Gray.

  • A Legal Guide To What Happens Next In US Atty Berman Saga

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    Although the next moves following the dramatic ouster of Geoffrey Berman as U.S. attorney for the Southern District of New York, and the status of Audrey Strauss as acting U.S. attorney, are largely circumscribed by the Federal Vacancies Reform Act, open questions remain, says Daniel Levy at McKool Smith.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Perspectives

    Police Reform Should Curtail, Not Codify, Qualified Immunity

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    The Justice in Policing Act passed by the House last week and intended to roll back qualified immunity protections for police officers is not perfect, but it is progress compared to the failed Reforming Qualified Immunity Act that would have clandestinely strengthened the barriers shielding officers from liability, says Edward Ibeh at Akerman.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • 4 Tips For Data Analytics Following DOJ Compliance Guide

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    In light of disruptions caused by the pandemic, and the U.S. Department of Justice's recent guidance emphasizing data analytics in compliance monitoring, companies should proceed deliberately with a few key considerations, say Michael DeBernardis and Jonathan Zygielbaum at Hughes Hubbard.

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