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White Collar
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October 01, 2025
Prosecutors, Defense Face Confrontation Crisis After Smith
As state courts grapple with the U.S. Supreme Court's broadened application of the Sixth Amendment's confrontation clause, unwary prosecutors and defense attorneys could easily end up in an evidentiary bind.
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October 01, 2025
Trump Withdraws Nomination Of Quintenz For CFTC Chair
President Donald Trump has withdrawn his nomination of Brian Quintenz to lead the U.S. Commodity Futures Trading Commission, following a delay at the president's request of a Senate committee vote on the nomination and Quintenz's public feud with crypto exchange founders Tyler and Cameron Winklevoss.
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October 01, 2025
Maryland Judge Lets SEC Crypto-Fraud Case Proceed
The U.S. Securities and Exchange Commission's lawsuit accusing an Australian citizen of defrauding investors in a crypto-mining scheme cleared the dismissal phase Tuesday, but a Baltimore federal judge vacated a default judgment against him for responding late while being detained in the United Arab Emirates.
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October 01, 2025
Calif. Importer, Son Both Get Prison For $8M Customs Fraud
A California federal judge sentenced a Los Angeles Fashion District business owner and his son to more than eight years and seven years in prison, respectively, after they were found guilty of ducking more than $8 million in customs duties and failing to report over $17 million in cash transactions on tax returns.
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October 01, 2025
Ga. Atty DQ'd From 'Extremely Weird' Pharma Fraud Case
A Georgia federal judge said Wednesday she intends to disqualify a prominent defense attorney from representing a man charged with lying to investigators amid a criminal fraud probe into his employer, Hi-Tech Pharmaceuticals Inc., but would allow the company to continue footing his legal bills as he seeks new counsel.
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October 01, 2025
Ga. Law Firm Looks To Ax Bank's Malpractice Suit Over Fraud
Stanley Esrey & Buckley LLP has urged a Georgia state appeals court to dismiss claims from a bank accusing it of legal malpractice and negligence, arguing that it did not cause the bank to lose more than $8 million through bogus loan transactions.
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October 01, 2025
Va. Prosecutor Indicting Comey Tapped For Full US Atty Role
The interim U.S. attorney for the Eastern District of Virginia, who is bringing charges against former FBI Director James Comey, has been tapped by President Donald Trump for the full-term role.
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October 01, 2025
Mayer Brown Gov't Investigations Head Moves To MoFo
Kimberly Hamm, former general counsel to the speaker of the House, has joined Morrison Foerster LLP from Mayer Brown LLP as co-chair of the law firm's congressional investigations practice, the firm announced Wednesday.
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September 30, 2025
Feds Press 2nd Circ. To Nix Students' Removal Challenges
The Trump administration on Tuesday urged the Second Circuit to reverse lower courts' findings that led to the release of two college students who say they were wrongly detained by immigration officials for expressing pro-Palestinian views, attacking the notion that they're able to bring habeas corpus challenges to their detention.
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September 30, 2025
Combs Loses Bid To Escape Prostitution-Related Conviction
A New York federal judge on Tuesday denied Sean "Diddy" Combs' request to undo his criminal conviction for transporting two of his former girlfriends for prostitution, allowing sentencing for the hip-hop mogul to move forward on Friday.
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September 30, 2025
Nevada US Atty 'Not Validly Serving,' Judge Says In DQ Order
Nevada's top federal prosecutor was disqualified from overseeing a handful of criminal cases after a federal judge on Tuesday determined she is "not validly serving as acting U.S. attorney" and that her involvement in the cases "would be unlawful."
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September 30, 2025
'Unseemly': Judge Blasts Feds' 'End Run Around' Grand Jury
A Washington, D.C., federal judge has refused to accept an indictment after learning that prosecutors used a local grand jury to get a do-over when the initial federal grand jury declined to indict, saying he "will not rubberstamp the breaking of decades-long norms and the rule of law."
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September 30, 2025
Merrill Lynch Denied Bid To Block Rival Firm's Launch
A Georgia federal judge on Tuesday refused to grant Merrill Lynch's bid for a temporary restraining order against a dozen former employees, Charles Schwab and Dynasty Financial Partners in a case concerning an alleged attempt to start a new independent financial advisory firm with Merrill's staff and confidential information.
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September 30, 2025
Ill. Doctor Gets Two Years' Probation For $4M Medicare Fraud
A former doctor who admitted to submitting more than $4 million in false Medicare claims was sentenced to two years of probation Tuesday by an Illinois federal judge who sought to honor the ex-physician's cooperation in prosecutors' efforts to pursue other allegedly culpable defendants in different jurisdictions.
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September 30, 2025
New Petition Asks SEC To Nix Quarterly Reporting Rule
The U.S. Securities and Exchange Commission on Tuesday received a formal petition to allow companies to report their earnings on a semiannual basis, following recent comments from Chairman Paul Atkins indicating the commission was considering as much and after similar suggestions from President Donald Trump.
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September 30, 2025
Wu-Tang Trade Secret Ruling Hints At New Way To Protect Art
A New York federal judge caused a splash last week when she ruled that a one-of-a-kind Wu-Tang Clan album can constitute a trade secret, and attorneys say the surprising decision could broaden the scope of trade secret protections to cover artistic works.
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September 30, 2025
Murdaugh's Banker Sentenced To 60 Months After Guilty Plea
The onetime bank CEO who pled guilty in South Carolina federal court to helping ex-lawyer and convicted murderer Alex Murdaugh steal client money has been sentenced to 60 months in prison, the same amount specified in his plea deal.
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September 30, 2025
Pharmacist Gets 35 Months For 'Insidious' $11M Drug Scheme
A pharmacist was sentenced on Tuesday to 35 months in prison for his role in a plot to file fraudulent prescriptions for specialty drugs that were later sold for profit, costing Medicare and an insurer at least $5.6 million and earning the pharmacist and his wife more than $11 million.
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September 30, 2025
DC Circ. Upholds Contempt Order Against Ex-Fox Journalist
A D.C. Circuit panel on Tuesday affirmed a lower court's contempt order against a former Fox News journalist who refused to reveal a confidential source that leaked FBI investigation materials about a Chinese American scientist.
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September 30, 2025
HSBC Gets $324M Claims Tossed In Row With Madoff Trustee
A New York bankruptcy judge has thrown out $324 million of claims against London-based HSBC and its affiliates that were brought by the trustee overseeing the liquidation of Bernie Madoff's bankruptcy estate, finding the claims in an amended complaint do not relate back to claims in an earlier complaint.
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September 30, 2025
FinCEN Seeks Feedback On Financial Compliance Burden
The U.S. Treasury Department's enforcement arm requested feedback Tuesday on the compliance burden for financial institutions responding to the agency's information requests "as part of its continuing efforts to reduce paperwork and respondent burden."
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September 30, 2025
Ga. Tech To Pay $875K To Resolve Cybersecurity FCA Suit
A research arm of the Georgia Institute of Technology has agreed to pay $875,000 to end a whistleblower suit alleging the organization knowingly failed to comply with government cybersecurity standards while working on defense contracts, the Department of Justice said Tuesday.
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September 30, 2025
FCA Suit Tainted By Expert's AI 'Hallucination' Gets Dismissed
A False Claims Act suit rocked by allegations of AI-generated hallucinations in an expert's report ended Tuesday after the federal government joined the case and quickly urged a Utah federal judge to throw it out.
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September 30, 2025
Adams, Bankman-Fried Prosecutor Joins Jenner & Block
Jenner & Block LLP announced Tuesday that it has hired a longtime New York federal prosecutor who brings experience working on cases against some of the highest-profile criminal defendants in recent years, including New York Mayor Eric Adams and FTX founder Sam Bankman-Fried.
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September 30, 2025
GOP Sens. Push OMB To Release Federal Watchdog Funds
The top Republicans on the Senate Appropriations and Judiciary committees are trying to prevent the White House from effectively shuttering the independent agency for federal watchdogs.
Expert Analysis
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Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends
The Second Circuit’s recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution — making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Reel Justice: 'Eddington' Spotlights Social Media Evidence
In the neo-Western black comedy “Eddington” released last month, social media is a character unto itself, highlighting how the boundaries between digital and real-world conduct can become blurred, thereby posing evidentiary challenges in criminal prosecutions, says Veronica Finkelstein at Wilmington University School of Law.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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What FinCEN's AML Rule Delay Means For Advisers
Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal
After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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White House Report Strikes An Optimistic Note On Crypto
Taking seriously President Donald Trump's pledge to adopt a pro-innovation mindset toward digital assets and blockchain technologies, a recent benchmark White House report on crypto provides a comprehensive regulatory framework that takes into account the products' novel characteristics within the high-tech ecosystem, say attorneys at Davis Wright.
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DC Circ. Ruling Augurs More Scrutiny Of Blanket Gag Orders
The D.C. Circuit’s recent ruling in In re: Sealed Case, finding that an omnibus nondisclosure order was too sweeping, should serve as a wake-up call to prosecutors and provide a road map for private parties to push back on overbroad secrecy demands, says Gregory Rosen at Rogers Joseph.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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DOJ Whistleblower Program May Fuel Criminal Antitrust Tack
A recently launched Justice Department program that provides rewards for reporting antitrust crimes related to the U.S. Postal Service will serve to supplement the department’s leniency program, signaling an ambition to expand criminal enforcement while deepening collaboration across agencies, say attorneys at Crowell & Moring.