White Collar

  • December 03, 2021

    Holmes Attys Rip 'Confusing' Jury Instructions On Fraud

    Counsel for Theranos CEO Elizabeth Holmes urged a California federal judge Friday to give jurors considering criminal fraud charges against her more detailed explanations of the charges than what prosecutors have proposed.

  • December 03, 2021

    Former Tyson Execs Denied Mistrial On Price-Fixing Charges

    A Colorado federal judge refused to declare a mistrial Friday for two former Tyson Foods executives battling the U.S. Department of Justice over criminal charges of fixing the price of chicken.

  • December 03, 2021

    Feds, Trump Tell 2nd Circ. Defamation Case Belongs With DOJ

    Attorneys for the U.S. Department of Justice and Donald Trump on Friday urged the Second Circuit to find that the former president was acting within the scope of his office when he made allegedly defamatory remarks about a writer who accused him of rape.

  • December 03, 2021

    Maryland Atty Charged With $8.5M Escrow Fraud In NY Court

    A Maryland attorney stole $5.1 million in escrow funds from a medical equipment supplier and then attempted to avoid a civil contempt order by filching $3.4 million from another client's escrow account, Manhattan federal prosecutors alleged Friday.

  • December 03, 2021

    Former NY Tax Dept. Worker Indicted In Sick Leave Scheme

    A former tax compliance agent with the New York State Department of Taxation and Finance was indicted, charged with fabricating extended sick leave paperwork and collecting a salary from the agency while a full-time employee elsewhere, the Nassau County District Attorney's Office announced Friday.

  • December 03, 2021

    Convicted Atty Disbarred In NJ Over Mortgage Fraud Scheme

    The New Jersey Supreme Court has yanked the state law license of an attorney over her criminal convictions for taking part in a roughly $873,000 mortgage fraud scheme where a lender provided loans based on her misrepresentations as the buyers' counsel, rejecting her bid for a suspension.

  • December 03, 2021

    Hughes Hubbard Adds Former US Attorney To DC Shop

    Hughes Hubbard & Reed LLP snagged a new partner in Washington, D.C., who was formerly the U.S. attorney for the Southern District of Alabama.

  • December 03, 2021

    Former SBA General Counsel Joins Womble Bond As Partner

    An attorney who most recently served as general counsel for the U.S. Small Business Administration as it oversaw implementation of economic relief legislation in response to the COVID-19 pandemic has become a partner at Womble Bond Dickinson LLP, the firm announced.

  • December 03, 2021

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

    This past week in London has seen Nintendo take on U.K. internet providers, collapsed TV company Arena take on its directors, and major fashion brands chase MasterCard for swipe fees. Here, Law360 looks at those and other new claims in the U.K.

  • December 03, 2021

    Kossoff Accused By DA Of $14M Escrow Theft, To Plead Guilty

    New York City real estate attorney Mitchell Kossoff, of the defunct Manhattan law firm Kossoff PLLC, surrendered to authorities Friday on accusations that he stole $14 million of clients' escrow money. His attorney said Kossoff would plead guilty.

  • December 02, 2021

    Avenatti Wants New Nike Trial Over Potential Brady Violation

    After winning a mistrial this summer in his California wire fraud case over prosecutors' failure to share potentially exculpatory evidence, Michael Avenatti told a New York federal judge Thursday that similar concerns require a new trial following his conviction for trying to extort $25 million from Nike.

  • December 02, 2021

    Columbia, NY Presbyterian To Pay $71.5M For OB-GYN Abuse

    Columbia University Irving Medical Center and New York-Presbyterian Hospital announced Wednesday that they will pay nearly $71.5 million in an agreement with dozens of women who were allegedly sexually abused by a former Columbia obstetrician-gynecologist.

  • December 02, 2021

    AOC Co-Sponsors $20M Bill To Remove State Pot Convictions

    Members of Congress unveiled a new bipartisan bill on Thursday that would appropriate $20 million in federal grants to hasten the expungements of state-level cannabis convictions over the next decade.

  • December 02, 2021

    Ex-Informant Says Florida Court Can't Hear SEC Suit

    A former government informant has told a Florida federal court it lacks jurisdiction over claims from the U.S. Securities and Exchange Commission that he ran a Bahamas-based broker-dealer designed to evade U.S. day trading regulations, claiming he was not involved with the business while living in the Sunshine State.

  • December 02, 2021

    Rollins' US Atty Nomination Moves Ahead After Senate Vote

    Rachael Rollins' embattled bid to become Massachusetts' next U.S. attorney cleared a crucial procedural hurdle Thursday as the U.S. Senate narrowly voted to advance her nomination out of the Judiciary Committee, setting the stage for a full vote by the upper chamber.

  • December 02, 2021

    Tax Accounting Firm Wants Out Of Ponzi Scam Suit

    Three named defendants in a proposed class action suit against Oppenheimer & Co. over an alleged $110 million Ponzi scheme asked a Georgia federal judge on Wednesday to be dismissed from the case, arguing that the suit made "conclusory allegations" about their involvement.

  • December 02, 2021

    NY Atty Gets 57 Months Over Theft Of Girl's Inheritance

    A Long Island attorney who allegedly stole $2 million in wrongful-death inheritance from his client's minor granddaughter was sentenced to 57 months in prison and ordered to pay forfeiture and restitution on Thursday, in what the young victim's attorney called "cold justice."

  • December 02, 2021

    'Housewives' Star Says Feds Poisoned Trial With Hulu Doc

    "Real Housewives of Salt Lake City" star Jen Shah said two U.S. Department of Homeland Security investigators ignored Manhattan federal court rules by discussing her telemarketing fraud charges ahead of trial in a Hulu documentary released Monday.

  • December 02, 2021

    Former Pharma CFO, Ex-Girlfriend Accused Of Insider Trading

    Two ex-executives with a pharmaceutical company that was later acquired by Gilead Sciences were arrested and charged for allegedly trading on insider information related to the premarket success of a breast cancer drug, acting U.S. Attorney Rachael A. Honig of the District of New Jersey announced Thursday.

  • December 02, 2021

    Ex-Panama President's Son Cops To Laundering Bribes

    One of the sons of fomer Panamanian President Ricardo Martinelli on Thursday admitted to laundering tens of millions of dollars in bribes made at the direction of Brazilian construction conglomerate Odebrecht SA.

  • December 02, 2021

    Stoel Rives Hires Away Federal Prosecutor In Sacramento

    Stoel Rives LLP has nabbed a litigator with more than two decades of experience as a federal prosecutor to work in its Sacramento office.

  • December 02, 2021

    SEC Says Latvian Citizen Was Serial Crypto Fraudster

    The U.S. Securities and Exchange Commission on Thursday accused a Latvian national of being a prolific fraudster in the digital asset space who tricked investors out of at least $7 million in a pair of digital asset offerings, then disappeared with the funds.

  • December 02, 2021

    Real Estate Fraudster Gets 5 Years In $58M Rip-Off Of Clients

    A Manhattan federal judge hit a Connecticut fund manager who bilked more than 330 investors out of $58 million with five years in prison Thursday, saying the defendant didn't fully take responsibility despite admitting that he touted bogus real estate opportunities.

  • December 02, 2021

    Biden DHS Intel Pick Reports $13.3M Davis Polk Partner Share

    A Davis Polk & Wardwell LLP partner tapped by President Joe Biden to serve as the U.S. Department of Homeland Security's undersecretary for intelligence and analysis has reported earning more than $13.3 million from his partner share with the firm since 2020.

  • December 02, 2021

    Law360 Explores: A Low Bar In California

    Tom Girardi allegedly grifted clients for years and got away with it. But how? In Episode 2 of our podcast exploring the downfall of Girardi, we dig into the conditions at the State Bar of California that allowed wrongdoing to go unchecked.

Expert Analysis

  • How Growing Cyber Scrutiny Affects Corporate Compliance

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    In the face of overlapping cybersecurity initiatives at the U.S. Departments of Justice and Health and Human Services, health care companies and government contractors should prepare for microscopic scrutiny by ensuring specific components are included in compliance programs and being mindful of reporting obligations under existing corporate integrity agreements, say attorneys at Verrill Dana.

  • Opinion

    Why We're Losing The Battle Against Illicit Finance

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    The recent Pandora Papers investigation highlights how the U.S. Department of the Treasury's anti-money laundering and combating the financing of terrorism framework is failing to address known vulnerabilities in the financial sector that should be replaced with a proactive approach to close loopholes and streamline enforcement, say Kristen Patel at Syracuse University and attorney William Lichtenfels.

  • Opinion

    Implementing McGirt Can Provide Tribal Self-Determination

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    Following a recent string of tribal reservation rulings from the Oklahoma Court of Criminal Appeals, the federal government should apply the U.S. Supreme Court’s 2020 ruling in McGirt v. Oklahoma in order to allow for meaningful tribal self-determination in the provision of criminal justice, says Stephen Greetham at the Chickasaw Nation.

  • Med Device Case Highlights Physician IP Deal Best Practices

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    The U.S. Department of Justice's recent settlement with Arthrex over False Claims Act allegations demonstrates how physician intellectual property arrangements present compliance risks, which medical device companies can mitigate through best practices covering training, governance and other protocols, say attorneys at Paul Hastings.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Best Practices In Preparation For FCPA Enforcement Surge

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    As the U.S. Department of Justice enhances its ability to detect and prosecute Foreign Corrupt Practices Act violations, companies should evaluate and improve their risk assessment methodologies, anti-corruption policies and other compliance tools to help mitigate the consequences of alleged wrongdoing, says Norman Harrison at Kroll.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • SEC's Alleging An Asset Is A Security Does Not Make It So

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    In Audet v. Fraser, a Connecticut federal jury recently disagreed with the U.S. Securities and Exchange Commission's position that so-called hashlets are investment contracts, showing that the SEC's overreach in classifying digital assets, and the complexity of cryptocurrencies, require further guidance and case law to clarify the limits of federal securities law, say Nick Morgan and Ken Herzinger at Paul Hastings.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • SEC Warning To Crypto Attys Harkens To Prior Crackdowns

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    U.S. Securities and Exchange Commission Chair Gary Gensler recently admonished fintech lawyers who help clients circumvent federal securities laws, which is a throwback to similar warnings to attorneys during the 2018 initial coin offering bonanza and 1990 savings and loan crisis, suggesting those who control access to crypto investors may face increased scrutiny, says cybersecurity consultant John Reed Stark.

  • How Advice-Of-Counsel Defense May Fare In Bannon Case

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    While it appears that Steve Bannon will say he relied on the advice of his counsel to defend contempt of Congress charges for noncompliance with a House subpoena, the viability of this argument turns on the precise contours of the legal advice his attorney provided, says Steven Gordon at Holland & Knight.

  • 2nd Circ. Madoff Ruling Is A Win For Asset Recovery Trustees

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    In the Bernie Madoff investor clawback case, the Second Circuit recently ruled that the inquiry notice standard for considering a transferee's good faith applies in liquidation proceedings, which means Securities Investor Protection Act trustees can now rely on a lesser standard and may face less difficulty surviving a motion to dismiss, say attorneys at Seward & Kissel.

  • How DOJ May Beat The White Collar Fraud Clock Post-COVID

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    The U.S. Department of Justice will likely employ creative strategies to try to sidestep the five-year statute of limitations in certain complex white collar matters following widespread delays due to the pandemic, but each method comes with nuances and weaknesses that may allow appropriate challenges from defense counsel, say Michael Harwin at Stearns Weaver and David Chaiken at ChaikenLaw.

  • Auto Cos. Must Prep For State AG Action On Fuel Efficiency

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    State attorneys general continue to demonstrate their active interest in fuel efficiency standards, so automotive companies should monitor state AGs' statements and activity to respond quickly to new regulatory and enforcement initiatives, say James Koukios and Nathan Reilly at MoFo.

  • Insurance Tips For Mitigating DOJ Cyber Initiative Risks

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    For companies and executives involved in False Claims Act actions alleging cybersecurity failures like those envisioned by the U.S. Department of Justice's new cyber fraud initiative, certain insurance policies could help defray the substantial costs of defense and even settlement liability, say attorneys at Hunton.

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