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White Collar
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March 18, 2024
5 Moments That Swayed Ga. Judge In the Trump Case DQ Bid
After days of testimony about the romantic and financial relationship between Fulton County District Attorney Fani T. Willis and the lawyer she appointed to lead the election interference case against Donald Trump, a Georgia judge last week ordered Willis to shuffle the prosecution team. How did he reach that ruling? Here are five moments that swayed the judge.
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March 18, 2024
Energy Co. Exec Cops To $5.5M Commodity Kickback Scheme
A former president of a Texas energy company has pled guilty to fraudulently trading natural gas futures contracts and receiving $5.5 million in illegal kickbacks for the associated trades, the U.S. Department of Justice has said.
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March 18, 2024
Ga. Surgery Biz's False Claims Penalty Boosted To $5.4M
A Georgia surgical center and its former head must now pay $5.4 million to end a kickback scheme tied to the indictment of the state's former insurance commissioner, an increase from a previous $3 million penalty that the federal government said the clinic and doctor had shirked.
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March 18, 2024
Ex-SF Utilities Head Gets 4 Years For Bribery Conviction
A California federal judge sentenced the former head of San Francisco's Public Utilities Commission on Monday to four years in prison for his multi-count bribery conviction, saying he deserves time in custody for betraying the public trust and making a "mockery" of public office.
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March 18, 2024
Apple Beats Most Claims In AirTag Stalking Suit, For Now
A California federal judge dismissed the majority of a proposed class action accusing Apple of not doing enough to safeguard its AirTag tracking device from being abused by stalkers, saying that apart from a few negligence and product liability claims under Golden State law, the rest need to be reworked.
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March 18, 2024
Justices Won't Review Dead Film Exec's IRS Summons
The U.S. Supreme Court on Monday denied a request from the daughter of a dead film executive to consider invalidating an IRS summons for her father's financial records, letting stand a Ninth Circuit decision that found the agency sought the records in good faith.
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March 18, 2024
Tennis Job No Reason To Slice 'Varsity Blues' Term, Feds Say
A tennis instructor job in New York is no reason to grant an early end to the home confinement portion of a sentence given to a former Georgetown University coach for his role in the "Varsity Blues" college admissions scandal, prosecutors told a Massachusetts federal judge Monday.
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March 18, 2024
Trump Says He Can't Secure Bond For $465M Fraud Judgment
Former President Donald Trump told a New York appellate court Monday that posting bond while he appeals a $465 million judgment against him and his business empire for allegedly defrauding banks and insurers is a "practical impossibility."
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March 18, 2024
Vexed Judge Rejects Apple Affiliate's Bid To Duck Judgment
A visibly nettled federal judge on Monday rejected another attempt by an Apple-affiliated repair company to dodge final judgment in a multistate wage class action while also promising to look into whether there was an oversight made in issuing final judgment.
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March 18, 2024
DC Panel Explains Denial Of Ethics Subpoena On Ex-DOJ Atty
A subpoena from D.C. attorney ethics authorities demanding that former U.S. Department of Justice attorney Jeffrey Clark produce documents pertaining to his alleged role in promoting Donald Trump's stolen election narrative would be "sufficiently testimonial and potentially incriminating" to implicate the Fifth Amendment, a D.C. Court of Appeals panel ruled.
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March 18, 2024
Trump, Co-Defendants Seek Appeal Of Willis DQ Ruling
Former President Donald Trump on Monday asked a Georgia judge to let him appeal a ruling allowing Fulton County District Attorney Fani Willis to continue prosecuting him and his co-defendants in the state's election interference case.
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March 18, 2024
Doctor Can't Yank NBA Fraud Plea, Feds Insist
Prosecutors have told a Manhattan federal judge that a doctor accused of assisting a group of NBA players in creating false documents to defraud the league's healthcare plan shouldn't be allowed to yank his guilty plea, arguing evidence shows his guilt and that too much time has passed.
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March 18, 2024
Attorney For Sen. Menendez's Wife Conflicted, Feds Say
Nadine Menendez, the wife of U.S. Sen. Robert Menendez and his co-defendant in a federal corruption trial in Manhattan, may be disadvantaged at trial due to her counsel's having "personal knowledge of certain facts relevant to this matter" that could compel him to testify as a witness, federal prosecutors said.
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March 18, 2024
Feds Want 12 Years For Ex-Broker In Fraud, Tax Case
A former mortgage broker whose decadelong fraud scheme tricked more than a dozen people out of $8 million and caused more than $3 million in tax losses should spend 12 and a half years in prison, the government told a Rhode Island federal court.
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March 18, 2024
NJ Official Says Court System Can't Avoid Harassment Suit
A municipal court administrator has hit back against the New Jersey state court system's claim that she is not an employee in its bid to escape a state lawsuit over a former judge's alleged sexual harassment.
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March 18, 2024
'Hotel California' Trial Collapse Reveals Privilege Rift
The recent midtrial implosion of a Manhattan district attorney case over Eagles frontman Don Henley's allegedly stolen album notes had both sides crying ethical fouls — exposing thorny questions about what happens when the attorney-client privilege of a witness comes into conflict with a criminal defendant's Sixth Amendment rights.
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March 16, 2024
Up Next At High Court: Gov't Jawboning & Retaliatory Arrests
The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.
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March 15, 2024
Man Accused Of Cyberstalking NJ Judge Seeks Release
A man representing himself after being indicted on allegations of cyberstalking a New Jersey judge urged a California federal judge on Friday to release him from custody pending trial, complaining he was initially charged with making threats against numerous officials, but the single cyberstalking count he now faces isn't cause to hold him.
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March 15, 2024
Trump Case DA Won DQ Battle, But Legal War Far From Over
The resignation of Fulton County District Attorney Fani Willis' former romantic partner and top lieutenant in the election interference case against former President Donald Trump and others will not end the legal wrangling or intense scrutiny over Willis' presence in the high-profile case, experts told Law360.
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March 15, 2024
Navarro Appeals To High Court To Stay Free As Prison Looms
Former Trump White House adviser Peter Navarro turned to the U.S. Supreme Court on Friday in his efforts to evade prison while he appeals his conviction for defying a subpoena related to the Jan. 6, 2021, attack on the U.S. Capitol.
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March 15, 2024
Feds' PACER Gaffe Doesn't Mean A Sure Win For Magnet Co.
Federal prosecutors may suffer a setback in a case accusing a magnet manufacturer of sharing sensitive military data with China after accidentally publicizing the same information, but they may have an out under a regulation governing publishing in the public domain.
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March 15, 2024
FTC Inks $26M Deal With Two Cypriot Tech Scheme Cos.
The Federal Trade Commission said it has reached a $26 million settlement in D.C. federal court with two Cyprus-based companies that it accuses of defrauding elderly consumers out of tens of millions of dollars in a tech support scam.
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March 15, 2024
Paxton Joins Feds In Fraud Suit Against Houston Developer
The Texas Office of the Attorney General sued a Houston-area real estate developer for deceptive trade, fraud in real estate transactions and other offenses, joining previously announced federal litigation accusing the company and its affiliates of widespread predatory practices.
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March 15, 2024
Harris Urges DOJ To Wrap Pot Review 'As Quickly As Possible'
Vice President Kamala Harris urged the U.S. Department of Justice on Friday to complete its review of marijuana's control status "as quickly as possible," saying it was "absurd" and "patently unfair" to keep the drug in the same highly restrictive tier as heroin.
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March 15, 2024
'Cobra Venom' Painkiller Co. Inks Deal To Settle SEC Claims
A penny stock company that previously held itself out as a maker of cobra venom-infused pain drugs has agreed to resolve U.S. Securities and Exchange Commission fraud claims, according to court filings that note the company's two principals have also reached a settlement.
Expert Analysis
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What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.
A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.
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3 Litigation Strategies To Combat 'Safetyism'
Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.
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CSA Case Could Shift Intrastate Commercial Cannabis
In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.
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How AI May Be Used In Fintech Fraud — And Fraud Detection
Recent enforcement actions in the fintech and finance industries show that the government is increasingly pursuing fraud enabled by artificial intelligence — at the same time it’s using AI innovations to enforce regulations and investigate fraud, say attorneys at ArentFox Schiff.
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FARA Enforcement May Soon Be In The Halls Of Higher Ed
Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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How FinCEN Proposal Expands RE Transaction Obligations
Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.
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When Your Client Insists On Testifying In A Criminal Case
Speculation that former President Donald Trump could take the stand in any of the four criminal cases he faces serves as a reminder for counsel to consider their ethical obligations when a client insists on testifying, including the attorney’s duty of candor to the court and the depth of their discussions with clients, says Marissa Kingman at Fox Rothschild.
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5 Things Trial Attorneys Can Learn From Good Teachers
Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.
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Why Preemption Args Wouldn't Stall Trump Hush-Money Case
With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Insurance Implications Of Trump's NY Civil Fraud Verdict
A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.
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Opinion
European Union Criticisms Of The FCPA Are Misguided
Some in the European Union have criticized U.S. enforcement of the Foreign Corrupt Practices Act for what they perceive as jurisdictional overreach, but this appears to overlook the crucial fact that jurisdiction is voluntary, and critics should focus instead on the lack of equivalent laws in their own region, say John Joy and YuTong Wang at FTI Law.
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Fintech Compliance Does Not Always Equal Bank Compliance
Recent enforcement actions are a reminder for banks working with financial technology providers — whether as partners to extend their reach or as internal resources to support existing operations — that few areas of risk need more frequent attention than Bank Secrecy Act and anti-money laundering compliance, says Christopher Couch at Phelps Dunbar.
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Making The Pitch For A Civil Resolution In A Criminal Case
Even without the depth of visibility into prosecutorial decision making offered by special counsel Robert Hur’s recently released report, defense counsel may be able to make the case for civil resolutions of criminal investigations while minimizing a potential negative response from prosecutors to such an argument, says Bill Athanas at Bradley Arant.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.