White Collar

  • September 22, 2020

    Walmart Must Answer Waste Inquiry, Calif. Appeals Court Says

    A California appeals panel on Monday affirmed a lower court's order that Walmart must comply with interrogatories seeking information about its hazardous waste disposal, saying the inquiry falls within the "broad boundaries of the people's investigative power" despite the lifting of an injunction against the retail giant. 

  • September 22, 2020

    4 Questions As Nikola Navigates Gov't Probes, Investor Suits

    Nikola Corp. is facing scrutiny from investors and the government after the electric truck maker's founder suddenly stepped down in the wake of a short-seller's report accusing the company of overhyping its technology, raising a host of questions about Nikola's prospects, including its fresh partnership with General Motors.

  • September 22, 2020

    Watchdog Props Up Reports At Heart Of 'FinCEN Files' Leak

    A government watchdog report released Tuesday says the Financial Crimes Enforcement Network should help point local law enforcement officials to reports that banks file to flag potential financial crimes, defending the value of the reports just days after the so-called FinCEN Files media reports questioned their efficacy.

  • September 22, 2020

    Fla. Asphalt Co. To Pay $16.6M Over South American Bribes

    A Florida asphalt company will pay $16.6 million in connection with an agreement to plead guilty to paying bribes to state-owned oil companies in South America in exchange for access to government contracts, federal prosecutors in Brooklyn said Tuesday.

  • September 22, 2020

    Donziger Wants NY's High Court To Review Disbarment

    Chevron foe Steven Donziger is asking New York's highest court to review a decision to disbar him in the state, saying he was given no chance to defend himself against a federal court's finding that he committed fraud in a $9.5 billion environmental case in Ecuador.

  • September 22, 2020

    2nd Circ. Upholds Conn. Doctor's Insider Trading Conviction

    A Second Circuit panel affirmed the insider trading conviction of a Connecticut cardiologist who traded on nonpublic drug trial information, holding on Tuesday that there was enough evidence to show he breached his duty to the drugmaker, Regado Biosciences Inc.

  • September 22, 2020

    FTC Says Sanctuary Belize Attys Won't Give Funding Info

    The Federal Trade Commission has asked a Maryland federal court to force counsel for an operator of a purported Belize real estate scam to have a "sincere" phone conversation about documents showing who funds his defense, saying the law firm is obstructing its attempt to open a dialogue.

  • September 22, 2020

    FCC's Pai Pushes States To Tackle Prison Call Rates

    FCC Chairman Ajit Pai and the head of a utility regulators group are urging states to lower their local rates that cover prison and jail calls, saying states should bring their "excessive" rates into line with federal standards.

  • September 22, 2020

    Eric Trump Trying To Delay Testimony In Probe, NY AG Says

    Eric Trump shouldn't be allowed to delay testimony until after the election regarding whether President Donald Trump inflated the value of his assets, New York's attorney general told a state court Tuesday, arguing "dilatory conduct" shouldn't be rewarded.

  • September 22, 2020

    FinCEN Leaks Reveal Failure Of AML Enforcement, Regulation

    Recently leaked documents detailing $2 trillion worth of suspicious bank transactions have exposed Britain's role as a money laundering hub, offering what white collar attorneys called a stark symbol of failed law enforcement and deficient dirty money defenses in need of an overhaul.

  • September 22, 2020

    'Harsh' Jail Conditions Can't Spring 'Varsity Blues' Parents

    The former CEO of Pacific Investment Management Co. and another parent who pled guilty in the "Varsity Blues" college admissions case will not be released from prison early due to what they called "harsh" COVID-19 quarantine measures, a judge ruled Monday, though he said he may reconsider home confinement down the road.

  • September 22, 2020

    Trump Records Subpoena Urgent, House Panel Tells DC Circ.

    The D.C. Circuit should consider without delay a House committee's further justifications for its subpoena seeking President Donald Trump's financial records, as its investigation into presidential conflicts of interest is urgent, the panel told the court.

  • September 22, 2020

    Ex-Deutsche Traders Say Gov't Didn't Prove Spoofing Scheme

    A pair of former Deutsche Bank traders on Tuesday told a jury — winnowed in size after a COVID-19 exposure scare — that prosecutors presented a case too incomplete, inaccurate and misleading to convict them for manipulating the precious metals market through an unlawful spoofing scheme.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Dutch Court Freezes Funds Amid Angolan Billionaire Probe

    A Dutch court has frozen assets held by a company associated with Isabel dos Santos amid accusations that the Angolan billionaire and daughter of the country's former president embezzled and laundered state funds, dealing a win to the Angolan national oil company Sonangol.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Convicted Cop Briber Tells 2nd Circ. NYPD Favors Not Illegal

    New York federal appellate judges Monday weighed whether to lift the conviction of an influential Brooklyn donor at the center of an NYPD bribery scandal as his attorney minimized the favors sought as something that's "done every day."

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    NYPD Officer Spied On Queens Tibetans For China, Feds Say

    A New York City police officer spied on the activities of Tibetans and other Chinese citizens living in the U.S. and offered to reveal the inner workings of the police department to China, the U.S. Department of Justice said Monday.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    Arkema Jury Prepped For 'Reopening' After 6-Month Break

    A Texas state court jury will hear "reopening" statements Tuesday after a six-month break in proceedings because of the coronavirus pandemic, as they weigh criminal charges against Arkema Inc. and two of its executives for allegedly recklessly emitting toxic chemicals during Hurricane Harvey.

  • September 21, 2020

    Reports Of Trump Misconduct Support Subpoena, NY DA Says

    Public reports accusing President Donald Trump and his businesses of wrongdoing could point to crimes that include criminal tax fraud, falsification of business records and insurance fraud, Manhattan's district attorney told a federal appeals court Monday.

  • September 21, 2020

    Downing Venture Capital Head Cops To $8M Ponzi Scheme

    The head of purported Boston venture capital firm Downing Partners LLC pled guilty on Monday to securities and wire fraud charges in connection with what prosecutors called a "Ponzi-like" scheme to bilk dozens of Downing employee investors out of millions of dollars.

  • September 21, 2020

    Loughlin's 'Varsity Blues' Connection Pleads Guilty

    The private equity executive who connected actress Lori Loughlin and her clothing-designer husband with the mastermind of the "Varsity Blues" college admissions scheme pled guilty in Massachusetts federal court Monday to paying $40,000 in bribes to boost his own daughter's exam scores.

  • September 21, 2020

    Feds Tell 1st Circ. Poor Defense Shouldn't Undo FCPA Verdict

    A defense attorney's allegedly shoddy performance in his first trial did not warrant throwing out the convictions of a retired Army colonel and lawyer based on "overwhelming" evidence they tried to bribe government officials in Haiti in exchange for approvals on an $84 million port project, U.S. prosecutors told the First Circuit Monday.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Opinion

    Pending Changes Pose Threat To SEC Whistleblower Program

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    If the U.S. Securities and Exchange Commission approves changes to the Dodd-Frank Act whistleblower rules on Wednesday, it will weaken protections for tipsters and radically undermine a regime that has returned $750 million to investors and collected over $2.5 billion in sanctions, says Stephen Kohn of Kohn Kohn & Colapinto.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • What Shifting FCPA Enforcement Means For Financial Cos.

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    In this brief video, Tom Firestone and Daniela Fonseca Puggina at Baker McKenzie analyze how Foreign Corrupt Practices Act enforcement is placing greater emphasis on bribe recipients, and what this trend means for financial institutions and their know-your-customer policies and practices.

  • Uber Exec's Charges In Data Breach Case Reveal Novel Risks

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    After the recently announced felony charges against a former Uber executive for failing to inform the Federal Trade Commission of a data breach, there are several action items general counsel should now consider to guard against this disturbing new risk of individual criminal liability, say attorneys at V&E.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Self-Disclosure Trends In FCPA Corporate Enforcement Policy

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    A review of 41 actions undertaken since the U.S. Department Justice's Foreign Corrupt Practices Act corporate enforcement policy was introduced four years ago reveals that the DOJ and U.S. Securities and Exchange Commission consistently reward timely self-disclosure and full cooperation, say attorneys at Ropes & Gray.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • New FCPA Guide Signals Laxer Successor Liability Approach

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    Recent updates by the U.S. Department of Justice and U.S. Securities and Exchange Commission to the Foreign Corrupt Practices Act resource guide focus on timeliness and thoroughness of post-acquisition due diligence, indicating a potential relaxation of stringent requirements for M&A successor liability, say Paige Ammons and Bree Murphy at Buckley.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Discarded Phone Rulings Misapply 4th Amendment Case Law

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    Recent Nevada and Louisiana state court decisions, allowing police to conduct warrantless searches of cellphones deemed abandoned, are part of a growing trend of state and federal courts not following the U.S. Supreme Court's Fourth Amendment jurisprudence that should concern criminal defense attorneys, privacy rights advocates and employers, says Brandon Boxler at Spencer.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • Series

    AGs In A Pandemic: James Talks NY Response

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    New York Attorney General Letitia James highlights her office's efforts to ease financial burdens for New York residents and businesses struggling during the pandemic by fighting fraud, policing employers, assisting with debt relief and more.

  • Basic Mandamus Questions Support DC Circ.'s Flynn Ruling

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    The D.C. Circuit's decision allowing a trial judge to continue his inquiry into the U.S. Department of Justice's request to abandon its case against Michael Flynn is not difficult to digest when one focuses on the two basic mandamus elements, says Douglas Lang at Dorsey & Whitney.

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