White Collar

  • June 29, 2022

    'Varsity Blues' Judge Says Key Legal Issue Could Sink Verdict

    A Massachusetts federal judge suggested Wednesday that a coach's conviction in the "Varsity Blues" college admissions case could be undone, expressing skepticism about whether the University of Southern California could be considered a victim in the scheme to admit wealthy children through bribery.

  • June 29, 2022

    Eastman Drops Suit To Keep Cell Records From Jan. 6 Panel

    Embattled former Trump attorney John Eastman has dropped his lawsuit seeking to block the House committee investigating the Jan. 6 Capitol insurrection from obtaining his cellphone records.

  • June 29, 2022

    Giuliani Pal Gets 20 Months For Election Crimes, Fraud

    Former Rudy Giuliani associate Lev Parnas on Wednesday was sentenced to one year and eight months in prison following his conviction at trial of campaign finance violations and his admission to conspiring to defraud investors in his anti-fraud startup Fraud Guarantee.

  • June 29, 2022

    Lowenstein Sandler Finds No Impropriety In FINRA Arbitration

    Lowenstein Sandler LLP's independent review of the Financial Industry Regulatory Authority's arbitration system has found no evidence of an improper agreement to remove certain arbitrators from cases, contradicting the findings of a Georgia state judge earlier this year.

  • June 29, 2022

    Feds Scrap Trade Secrets Case Against Ex-ADI Worker's Wife

    Federal prosecutors in Boston dismissed charges against the wife of a former Analog Devices Inc. engineer after the husband largely beat a case alleging he stole company trade secrets to jump-start his own computer chip business.

  • June 29, 2022

    High Court Says States Can Handle Some Reservation Crimes

    A divided U.S. Supreme Court ruled Wednesday that Oklahoma and other states aren't barred by federal law from prosecuting non-Indians for crimes against Indians on reservations, handing Oklahoma a win in its bid to exert more authority on tribal land following the high court's landmark 2020 McGirt decision.

  • June 28, 2022

    Texas AG Investigates Walmart's Opioid Sales Practices

    Texas Attorney General Ken Paxton on Tuesday said his office is investigating Walmart for potential violations of the state's Deceptive Trade Practices Act in the retail giant's sales of prescription opioids.

  • June 28, 2022

    High Court's CSA Decree Augurs Opioid Upheaval For DOJ

    The U.S. Supreme Court's demand for a rock-solid showing of intentional impropriety when federal opioid prosecutors target pills-for-profits schemes under the Controlled Substances Act will send the U.S. Department of Justice scrambling to salvage its less sensational suits, attorneys say.

  • June 28, 2022

    Flint Jury To Hear From Ex-Gov. After Court Quashes Charges

    A Flint jury will hear recorded testimony from former Michigan Gov. Rick Snyder on Wednesday in a civil trial over the Flint water crisis, following the Michigan Supreme Court overturning indictments against three state officials Tuesday.

  • June 28, 2022

    No Escrow Payout For Exec After Trade Secret Conviction

    A Texas drilling executive who was convicted and sent to jail for conspiring to steal trade secrets won't be able to collect his half-million-dollar share of a drilling company he sold to the global engineering firm WS Atkins Inc., after an appeals court in Houston on Tuesday reversed his initial win in a lower court.

  • June 28, 2022

    Trump Was Bent On Joining Capitol Mob, Meadows Aide Says

    Despite warnings about people carrying weapons near the White House on Jan. 6, 2021, former President Donald Trump was so furious over what he saw as too few people in a secured area at his "Stop the Steal" rally that he urged the Secret Service to remove magnetic screening machines.

  • June 28, 2022

    Frustrated Court Says Lender Must Face Ponzi Scheme Suit

    A Texas federal judge has declined to toss a Ponzi scheme fraud suit brought against a lending company and the CEO of a real estate development company, noting that court has spent many resources on dismissal motions in the case thus far and that the defendants should not file any more dismissal motions.

  • June 28, 2022

    Ex-GOP Rep. Fortenberry Avoids Prison For Lying To FBI

    Former U.S. Rep. Jeffrey Fortenberry, R-Neb., won't face prison for lying to the FBI about illicit campaign contributions and instead will be placed on two years of probation and required to pay a $25,000 fine, a Los Angeles federal judge said Tuesday.

  • June 28, 2022

    SEC Wins Default Judgment In Ex-Herbalife Exec's Absence

    A New York district court judge ordered a former executive at the Chinese subsidiary of California-based health supplement company Herbalife Ltd. to pay $550,092 in civil penalties after he was charged with plotting to bribe Chinese officials.

  • June 28, 2022

    Ex-Mass. AG Returns To Foley Hoag As AG Practice Co-Chair

    Former Massachusetts Attorney General Martha Coakley has rejoined Foley Hoag LLP after a stint with embattled e-cigarette maker Juul and will be co-chairing its state attorney general practice, the firm announced Tuesday.

  • June 28, 2022

    Feds Ask For Vigilance On Russian Export Sanctions

    Bureaus of the U.S. Treasury Department and U.S. Commerce Department urged financial institutions Tuesday to monitor for efforts of Russia and Belarus to evade export sanctions related to the invasion of Ukraine, providing some pointers that could help keep certain equipment out of the hands of Russia's military. 

  • June 28, 2022

    Denmark Asks Court To Keep $2.1B US Pension Tax Fraud Suit

    Several U.S. pension plans shouldn't be allowed to escape a suit from Denmark's tax agency claiming they committed a $2.1 billion fraud, the agency told a New York federal court, arguing the case doesn't impermissibly implicate foreign tax laws.

  • June 28, 2022

    Ghislaine Maxwell Gets 20 Years In Epstein Case

    A Manhattan federal judge hit socialite Ghislaine Maxwell with 20 years in prison Tuesday after a jury convicted her of trafficking underage girls for deceased financier Jeffrey Epstein, saying the 60-year-old defendant played a key role in a "horrific" course of criminality.

  • June 28, 2022

    Ernst & Young Fined $100M For Cheating On CPA Exams

    The U.S. Securities and Exchange Commission hit Ernst & Young LLP with a $100 million fine on Tuesday after the accounting giant admitted that its audit professionals cheated on certified public accountant license exams, and that it also withheld evidence of the cheating from the agency.

  • June 28, 2022

    Calif. Couple, Coach Avoid Prison For 'Varsity Blues' Bribes

    A California couple and a former soccer coach who were among the first to plead guilty in the "Varsity Blues" college admissions case all avoided prison time Tuesday after cooperating with prosecutors, even as a judge said the parents' remorse "doesn't wipe the slate clean."

  • June 28, 2022

    Feds Drop Haitian Bribe Case After Discovering New Evidence

    Federal prosecutors in Boston dropped a Foreign Corrupt Practices Act case against a former U.S. Army colonel and a lawyer just days before they were set to be tried for a second time, after the FBI unearthed text messages suggesting the two were innocent.

  • June 27, 2022

    Ex-Trump Official, Philadelphia Atty Must Face Fraud Claims

    A Trump-era State Department official and a Philadelphia attorney on Monday lost bids to escape claims they fraudulently induced an investor to pour millions into Greek medical cannabis companies, with a Pennsylvania federal judge finding a revised suit backed up the allegations.

  • June 27, 2022

    LA Developer Convicted In City Council Bribery Scheme

    A California federal jury convicted a Los Angeles real estate developer Monday of giving $500,000 in bribes to former city councilor Jose Huizar in exchange for getting a nonprofit's challenge to the development project dropped.

  • June 27, 2022

    Stanford International Chairman Seeks Ax Of SEC Ponzi Suit

    The chairman of the Stanford International Bank has asked a federal judge in Dallas to toss the U.S. Securities and Exchange Commission's long-running litigation accusing him of using companies under his control to run a $7.2 billion Ponzi scheme.

  • June 27, 2022

    Feds Shut Down 6 Websites In Music Piracy Sting

    Prosecutors in Virginia announced Monday that they have "seized" a handful of website domain names that they say were involved in "streaming and downloading copyright-protected content," as part of a larger anti-piracy operation that the federal government is conducting in tandem with prosecutors in Brazil.

Expert Analysis

  • Recent Trade Secret Cases Show Sentencing Disparities

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    Sentencing disparities in U.S. trade secret cases have surfaced in recent years, and legal practitioners should know that courts have found that the intended loss does not necessarily equal the cost of development of stolen trade secrets or the defendant's intended gain from misappropriation, says Steven Lee at Lewis Brisbois.

  • 5th Circ. Ruling Signals Judicial Shift On SEC Admin Process

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    The Fifth Circuit’s decision in Jarkesy v. U.S. Securities and Exchange Commission signals a growing discomfort in the judiciary with the SEC's administrative process, and those dealing with enforcement actions should bring their constitutional challenges early and often, say Benjamin Daniels and Trevor Bradley at Robinson & Cole.

  • Thinking Strategically About The Weekend's Impact On Jurors

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    Clint Townson at IMS discusses how experienced trial lawyers and consultants can utilize the strategic value of weekends in their favor by accounting for how the weekend break affects juror cognition and decision making as part of an integrated trial strategy.

  • Dobbs Ruling Creates Compliance Dilemmas For Hospitals

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    Following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, hospitals in states with sweeping abortion prohibitions may struggle to reconcile state and federal legal regimes, including the Emergency Medical Treatment and Labor Act, say attorneys at Dentons.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Potential Next Steps For DOJ's COVID-19 Fraud Enforcement

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    Although the U.S. Department of Justice's COVID-19 fraud enforcement has so far focused on individuals and entities blatantly abusing pandemic assistance funds, health care and life sciences companies should assess their compliance programs as the DOJ will likely turn to larger-dollar activity at the organization level soon, say attorneys at Morgan Lewis.

  • Navigating White Collar Attorney-Client Privilege Waivers

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    In light of increased reliance-on-counsel defenses and waivers of attorney-client privilege in corporate fraud cases, defense counsel should think broadly about how attorney-client communications demonstrate that their client acted in good faith, and without fraudulent intent, says Edward Imperatore at MoFo.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • 2 Years Since Liu, Disgorgement Case Law Is Favoring SEC

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    In the two years since the U.S. Supreme Court’s decision in Liu v. the U.S. Securities and Exchange Commission, circuit courts have weighed in to answer the decision's open questions, and recent cases suggest that courts are unwilling to disrupt disgorgement orders, even where the awards would not survive Liu scrutiny, say attorneys at Ropes & Gray.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Senate Bill Could Be A Sea Change For Crypto Regulation

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    The recently introduced Responsible Financial Innovation Act, if passed, would transform the digital asset landscape by replacing the U.S. Securities and Exchange Commission as cryptocurrency's default regulator, and by shifting oversight away from the current regulatory framework and legal standard for the space, say attorneys at Brownstein Hyatt.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • Opinion

    Aviation Watch: Why Boeing Pilot's Indictment Was Misguided

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    Criminal fraud charges against test pilot Mark Forkner related to the Boeing 737 crashes — charges of which he was recently acquitted — appear to have been an effort to whitewash the failures of Boeing and the Federal Aviation Administration, and highlight that civil remedies are a better solution in such cases, says Alan Hoffman, a retired attorney and aviation expert.

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