White Collar

Expert Analysis

• Rebuttal

  AI Can't Accurately Predict Case Length And Cost — Yet

  

  A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

• Don’t Bet On Constitutionality Of Daily Fantasy Sports In NY

  

  A New York state court's recent decision in White v. Cuomo that daily fantasy sports are unconstitutional means that while the services may continue to legally operate, they face an uncertain future until the state’s highest court weighs in or the Legislature amends the constitution, say attorneys at Faegre Drinker.

• Key Trade Secrets Developments Of 2019: Part 2

  

  Last year brought significant news in U.S. trade secret law, including the U.S. Department of Justice’s continued enforcement of its China initiative and further development of the inevitable disclosure doctrine under the Defend Trade Secrets Act, say attorneys at Faegre Drinker.

• Opinion

  Trump Is Right About Stone Sentencing, For Wrong Reasons

  

  President Donald Trump weighed in on Roger Stone's sentencing in an inappropriate way — and caused quite a commotion within the U.S. Department of Justice as a result — but he nonetheless was right to find the sentencing guidelines' recommendation shocking, say criminal defense attorney Alan Ellis and sentencing consultant Mark Allenbaugh.

• Lawyers Can Build Trust Through The Spoken Word

  

  As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

• Opinion

  Legal Prediction Is Demanding But Not Impossible

  

  The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

• Trends In Recent FCPA And Cartel Cases Against Execs

  

  The U.S. Department of Justice has taken more white collar cases against executives to trial this winter, focusing on Foreign Corrupt Practices Act and cartel allegations, and scoring noteworthy victories in a canned tuna price-fixing case and two rate-rigging cases, say attorneys at Miller & Chevalier.

• SEC Exam Priorities Highlight Flexible, Holistic Compliance

  

  The U.S. Securities and Exchange Commission's recently released exam priorities encourage firms to emphasize investor protection and consider compliance in light of evolving business and market demands, say attorneys at Lowenstein Sandler.

• Effective AML, Anti-Bribery Programs Hinge On Collaboration

  

  Amid increasing risk exposure from financial services companies' partners, clients and affiliates, opportunities exist to leverage processes across firms' anti-money laundering and anti-bribery and corruption programs, says Michelle Goodsir at K2 Intelligence.

• Pa. Justices' Ruling May Rein In Grand Jury Report Releases

  

  The Pennsylvania Supreme Court's recent opinion in Grand Jury Investigation No. 18 — permanently sealing an investigating grand jury report on sexual abuse allegations — decisively limits the public release of such reports and may discourage their creation going forward, say attorneys with Pietragallo Gordon.

• Malpractice Landscape Is Becoming Riskier For BigLaw

  

  A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

• Perspectives

  Book Review: A Lawyer Reflects On Defending Guilty People

  

  In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

• Takeaways From DOJ Fraud Section's Enforcement Uptick

  

  The Fraud Section of the U.S. Department of Justice's Criminal Division reported a year-over-year increase in prosecutions and settlements, underscoring the agency's willingness to use enforcement to achieve its twin goals of cooperation and enhancing compliance programs, say Kevin Muhlendorf and Madeline Cohen at Wiley Rein.

• Why SFO Closed Its Libor Manipulation Investigation

  

  Despite ongoing civil claims, the Serious Fraud Office has most likely closed its investigation into Libor rate manipulation due to the comparative difficulty of securing criminal convictions, and is unlikely to bring further charges unless significant new evidence comes to light, says Anthony Hanratty of BDB Pitmans.

• Series

  Why I Became A Lawyer: Following A Serendipitous Path

  

  I went to law school intending to pursue a career in politics, inspired by Ted Sorensen and Gary Hart — but learning to solve problems in a new and exciting way drew me to litigation, says David Goodman of Goodman Law Group Chicago.