White Collar

  • January 22, 2021

    Senate Dems Press US Court Officials About SolarWinds Hack

    U.S. Senate Democrats have urged national court officials to reveal whether sealed legal filings were exposed during a hacking campaign attributed to Russian spies who exploited a flaw in software offered by information technology provider SolarWinds Corp.

  • January 22, 2021

    Polsinelli Says Clients' 'Slacking Off' Claims Are 'Meritless'

    Polsinelli PC urged a Pennsylvania federal judge Friday to toss a lawsuit accusing the firm of overcharging and underperforming while representing a pharmacy and its former CEO in an investigation by the U.S. Securities and Exchange Commission, saying claims the firm "slack[ed] off" are not plausibly alleged.

  • January 22, 2021

    FTC Wins $120M Judgment In Sanctuary Belize Scam Suit

    The Federal Trade Commission has won a Maryland district court's approval of a final $120.2 million judgment against the operators of the purported luxury Sanctuary Belize development, which the FTC says swindled American consumers in the largest offshore real estate scam ever targeted by the commission.

  • January 22, 2021

    Brokers Owe $4.2M In Fees Earned In Woodbridge Ponzi Ploy

    The U.S. Securities and Exchange Commission received approval in California federal court Friday for the disgorgement of millions of dollars from a group of unregistered brokers arising from the yearslong real estate Ponzi scheme operated by the Woodbridge Cos.

  • January 22, 2021

    MIT Profs Back Colleague Facing 'Flawed' Fraud Charges

    Faculty members at the Massachusetts Institute of Technology are rallying around a mechanical engineering professor who was indicted Tuesday for allegedly seeking U.S. grant funding while hiding his ties to Chinese research institutions, signing onto a letter urging the school to do all it can to support the professor.

  • January 22, 2021

    Trump Pot Pardons A Bittersweet Win For Clemency Groups

    Donald Trump's flurry of midnight pardons before leaving office gave a welcome reprieve to a dozen nonviolent cannabis offenders, but many were passed over in what advocates close to the effort described as a hectic, last-minute blitz that underscored the need for sweeping pardon reform.

  • January 22, 2021

    'Hole' In Bannon's Pardon May Leave Room For New Charges

    Former President Donald Trump's midnight pardon for former White House chief strategist Steve Bannon covers existing charges in his border wall fund fraud case, according to language released by the U.S. Department of Justice on Thursday, but experts say it does not shield him from further prosecution — even in the same case.

  • January 22, 2021

    Insys Execs Safe In Prison With Biden Vaccine Plan, Feds Say

    Federal prosecutors on Friday opposed a bid by six Insys Therapeutics Inc. executives to delay prison for a seventh time amid the COVID-19 pandemic, saying the new Biden administration has promised to make prisons a priority in vaccine distribution.

  • January 22, 2021

    Treasury Must Notify Trump Before Tax Info Request Honored

    The U.S. Department of the Treasury must provide former President Donald Trump 72 hours' notice if it decides to honor a long-standing request by a House tax panel for his personal and business tax returns, a D.C. federal judge ordered Friday.

  • January 22, 2021

    Chicago Official Says His Criminal Defense Work Is Ethical

    A Chicago alderman and practicing defense attorney is challenging a finding by the city's ethics board that he is violating a governmental ethics ordinance when he represents clients in criminal cases involving the Chicago Police Department.

  • January 22, 2021

    Billionaire Hits Back At Ex-Counsel In Fight Over $6M Fee

    Attorney Hugh H. Mo billed $6 million to a Chinese billionaire, vowing a soup-to-nuts defense against bribery charges. But he barely worked on the yearslong case, as Kirkland & Ellis LLP, Ben Brafman and others did the heavy lifting, a Manhattan federal judge heard Friday.

  • January 22, 2021

    NJ Atty Again Denied Probation Over Unlawful Referral

    Former Haddon Township commissioner and attorney Paul Dougherty will not be able to go through probation to expunge his conspiracy conviction because the crime "directly undermined the public's faith," a state appellate panel has found.

  • January 22, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a top executive at Huawei take action against HSBC, British Gas file two fraud claims against MasterCard and Visa, and Chanel sue over a trademark infringement. Here, Law360 looks at those and other new claims in the U.K.

  • January 21, 2021

    4th Circ. Upholds $20M Ponzi Schemer's 20-Year Sentence

    The Fourth Circuit on Thursday declined to grant ex-radio host and financial adviser Dawn J. Bennett a new trial following her conviction of running a $20 million Ponzi scheme, finding that a lower court properly sentenced her to 20 years in prison and a $14.3 million forfeiture judgment. 

  • January 21, 2021

    Wash. Man Charged With Selling Untested COVID-19 Vaccine

    A man claiming to be a biotech expert was arrested and charged Thursday with introducing misbranded drugs into interstate commerce by marketing purported cancer and COVID-19 vaccines that he offered to inject into customers, federal prosecutors in Washington said.

  • January 21, 2021

    Wide-Open Sentencing Commission Gives Biden Reform Path

    Despite a push last year by former President Donald Trump to fill the influential U.S. Sentencing Commission with multiple candidates perceived as tough on crime, that effort never materialized, leaving President Joe Biden with an opportunity to use the panel as an avenue to enact criminal justice reform.

  • January 21, 2021

    FinCEN Says No To Activity Reports Over Negative Press

    The Financial Crimes Enforcement Network and other federal banking agencies added to its guidelines clarifying financial institutions' suspicious activity reporting obligations, noting that SARs are not necessary if based solely on negative media reports, grand jury subpoenas or other law enforcement inquiries.

  • January 21, 2021

    Insys Founder To Pay NJ $5M In Opioid Bribery Settlement

    Convicted Insys Therapeutics founder John N. Kapoor has agreed to pay New Jersey $5 million to resolve allegations that he orchestrated bribes to doctors in the state as part of a nationwide kickback scheme to boost sales of Insys' powerful opioid Subsys, the state's attorney general said Thursday.

  • January 21, 2021

    Feds Ask To Postpone Avenatti's Calif. Case To July From Feb.

    Federal prosecutors in California have requested a delay to an upcoming embezzlement trial for disgraced celebrity lawyer Michael Avenatti, saying the COVID-19 pandemic makes a February date unsafe.

  • January 21, 2021

    SEC Wins Case Against Alleged Cannabis Stock Schemer

    An Illinois man must pay the U.S. Securities and Exchange Commission more than a half-million dollars and is permanently banned from selling securities after running an alleged $19 million cannabis stock scheme that generated no revenue for its investors, the commission announced Thursday.

  • January 21, 2021

    Paul Weiss Builds Bay Area Office With Orrick, Kirkland Hires

    Paul Weiss Rifkind Wharton & Garrison LLP announced Wednesday that it's forming the foundation of its Northern California office, adding three litigation partners from Orrick Herrington & Sutcliffe LLP and a corporate partner from Kirkland & Ellis LLP.

  • January 21, 2021

    Bankrupt NRA Can't Shake NY AG's Lawsuit

    A lawsuit filed by the New York attorney general seeking to dissolve the National Rifle Association survived a motion to dismiss Thursday in state court, with a judge ruling the suit was brought in the proper venue.

  • January 21, 2021

    Cred Inc. Ch. 11 Disclosures OK'd Over US Trustee Objection

    Cryptocurrency investment firm Cred Inc. received interim court approval Thursday for its Chapter 11 plan disclosure statement after a Delaware judge nixed opposition to the debtor's solicitation procedures from the U.S. Trustee.

  • January 21, 2021

    Unemployment Worker Indicted On Virus Aid Fraud Charges

    A former employee with the Massachusetts Department of Unemployment Assistance and her husband were indicted by a federal grand jury Thursday for allegedly inventing seven children and a six-figure income in order to jack up the pandemic aid they'd receive.

  • January 21, 2021

    DC Pot Legalization Bars Middleman's Conviction, Court Says

    A Washington, D.C., appellate court on Thursday overturned a man's conviction for facilitating a marijuana sale, ruling that the district's 2014 cannabis legalization initiative made it lawful for adults to transfer small amounts of marijuana to each other as long as no monetary reward is involved.

Expert Analysis

  • How To Cope With Increased Whistleblower Complaints

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    Up during the pandemic, whistleblower investigations require employers to question why a complaint was made and what the most reparative course of action entails, not the identity of the person who made the complaint, say attorneys at Crowell & Moring.

  • Law Firms Should Note GCs' Growing Focus On Biz Strategies

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    Amid the challenges of the pandemic, a shifting digital landscape, and increasing calls for diversity and inclusion, general counsel responsibilities are expanding into six new areas, highlighting the need for both in-house and outside counsel to serve as strategic and empathetic business leaders, say Wendy King at FTI Consulting and David Horrigan at Relativity.

  • Energy Antitrust: The Year In Review And What Lies Ahead

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    Antitrust enforcement and litigation in the energy industry remained steady in 2020, despite challenges imposed by COVID-19 — and as 2021 unfolds, both regulatory action and private litigation will likely increase, say attorneys at V&E.

  • What New AML Law Means For Correspondent Banking

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    In light of the National Defense Authorization Act’s recent overhaul of the Bank Secrecy Act and related anti-money laundering laws, foreign banks maintaining correspondent bank accounts in the U.S. should be aware of law enforcement's expanded authority to access bank records for their transactions, say attorneys at Arnold & Porter.

  • SEC Enforcement Expansion May Face Constitutional Limits

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    Although the recently passed National Defense Authorization Act seems to restore the U.S. Securities and Exchange Commission’s authority to seek disgorgement in enforcement cases — which the U.S. Supreme Court previously narrowed in its Kokesh and Liu decisions — the law may run afoul of the U.S. Constitution and the law of unintended consequences, says Joshua Robbins at Buchalter.

  • 6 Changes The Legal Industry Should Prepare For

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    As clients increasingly demand better efficiency, predictability and cost-effectiveness from their legal partners, especially during the pandemic, law firms and other legal service providers may need to explore new ways to bundle and deliver services — and move away from billing by time, says Joey Seeber at Level Legal.

  • Arizona May Have Nudged US Law Firms Toward Future IPOs

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    No U.S. law firm has its shares listed on a public stock exchange unlike some lucrative overseas counterparts, but by allowing nonattorneys to become stakeholders in law firms, Arizona may have paved the way for this to change should other U.S. states — particularly New York — follow suit, says Marc Lieberman at Kutak Rock.

  • Addressing The Security Risks Of University Foreign Funding

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    Higher education institutions that accept foreign funding should address serious concomitant security risks by identifying specific sources and establishing compliance procedures that promote transparency, protect data and research, and account for U.S. national security interests, say attorneys at Manatt.

  • FTC Authority To Obtain Monetary Relief May Be Under Threat

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    Although justices asked difficult questions of both sides at the recent U.S. Supreme Court oral arguments in AMG v. Federal Trade Commission, they expressed significant skepticism of the FTC's implicit authority to seek restitution and disgorgement of the proceeds of fraud and other misconduct, say attorneys at Sullivan & Cromwell.

  • How Fund Managers Can Avoid Political Contribution Missteps

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    In this brief video, Peter Chan and Karl Egbert at Baker McKenzie, and Suzan Rose at the Alternative Investment Management Association discuss fund manager compliance and monitoring issues related to state and federal rules on campaign contributions, particularly in light of the recent election cycle.

  • DC Circ. Lobbyist Ruling May Lead To 1st Amendment Clarity

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    The D.C. Circuit’s recent opinion in Akhmetshin v. Browder, leaving the government contacts exception's application to foreign lobbyists unsettled, may compel courts to clarify the availability of First Amendment defamation defenses to foreign companies involved in lobbying, says Joe Meadows at Bean Kinney.

  • 4 Legal Industry Trends Litigation Financiers Are Watching

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    Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

  • Pandemic Is Changing Compassionate Release Calculus

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    Whereas compassionate release applications for white collar defendants were previously rare, courts are now approaching these applications with greater leniency to reduce sentences or to impose sentencing alternatives in the appropriate circumstances, which may continue beyond the pandemic, say Jamie Furia and Carly Coleman at Lowenstein Sandler.

  • A Lawyer's Guide To Setting Well-Being Goals In 2021

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    In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

  • Opinion

    Congress Must Fix The AML Whistleblower Law

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    Fundamental differences between whistleblower provisions in the recently passed Anti-Money Laundering Act and the Dodd-Frank Act will render the new law ineffective until Congress amends it to fully conform to Dodd-Frank's highly successful reward provisions, says Stephen Kohn at Kohn Kohn.

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