White Collar

  • May 29, 2020

    Ex-Judges Slam Flynn's Appeal In Dismissal Bid Fight

    A group of retired federal judges urged the D.C. Circuit on Friday to reject a petition by Michael Flynn asking the appeals court to order a judge to immediately grant the Trump administration's controversial request to dismiss the criminal case against the president's former national security adviser.

  • May 29, 2020

    Intel Chief Declassifies Transcripts Of Flynn's Russia Calls

    Newly confirmed Director of National Intelligence John Ratcliffe on Friday declassified the highly sought-after transcripts of Michael Flynn's conversations with a Russian ambassador to the U.S. during President Donald Trump's transition to office in December 2016.

  • May 29, 2020

    Rejected College Applicants Can't Sue Over 'Varsity Blues'

    A California federal judge tossed two putative class actions against the mastermind of the "Varsity Blues" admissions cheating scandal and universities tied to the headline-grabbing case, ruling Friday that the rejected college applicant plaintiffs weren't particularly impacted by the scheme.

  • May 29, 2020

    Calif. Judge Probes Avenatti Atty Efficacy Over Virus Worries

    A California federal judge questioned whether counsel for Michael Avenatti was able to handle his criminal defense amid the COVID-19 pandemic, zeroing in on the attorney's remarks in a recent status report that his ability to prepare for trial has been "deeply impacted."

  • May 29, 2020

    Feds Fight Pharmacists' Bid To Ax Opioid Indictment

    Federal prosecutors have defended the indictment of two pharmacists accused of conspiring with drug distributor Miami-Luken Inc. to flood rural towns with addictive painkillers, telling an Ohio federal judge that evidence at trial will show how they and the defunct company profited from the opioid addiction epidemic.

  • May 29, 2020

    Fed. Circ. Allows 'Pump And Dump' Victims To Recoup Losses

    A couple that lost over $2 million in a fraudulent "pump and dump" investment scheme can deduct theft losses to recover a portion of their funds, the Federal Circuit said Friday in reversing a denial of their tax refund bid.

  • May 29, 2020

    Report Slams Manhattan Prison As Inmates Seek Virus Relief

    A New York federal judge prepared Friday to decide what to do about COVID-19-related concerns at the Metropolitan Correctional Center after a doctor tasked with inspecting the Manhattan prison issued a scathing report proclaiming basic sanitation and virus screening failures.

  • May 29, 2020

    Fla. Investment Firm Strikes Deal With SEC In $39M Fraud Suit

    The receiver for a Florida investment firm at the center of an alleged $39 million fraud scheme has reached agreement with the U.S. Securities and Exchange Commission for entry of a permanent injunction against the company and related entities.

  • May 29, 2020

    Pa. Law Firm Sued Over Client's $134M Unpaid Judgment

    A private equity financier has filed suit against Pittsburgh law firm Elliott & Davis PC and its client, the husband of a high-profile Indian technology executive, saying the firm has been paid with funds owed to the lender as part of a $134 million judgment in a separate case.

  • May 29, 2020

    Fla. Felon Vote Ruling Could Reach Beyond Sunshine State

    A recent decision from a Florida federal judge that the state cannot block ex-felons who don't pay court-ordered fines and fees from voting could, if upheld on appeal, reverberate to neighboring states that have enacted similar requirements.

  • May 29, 2020

    1st 'Varsity Blues' Trial Date Remains Firm Despite Pandemic

    Despite the COVID-19 pandemic and the uncertainty surrounding when and how jury trials will resume in Massachusetts, a federal judge said Friday the first "Varsity Blues" college admissions fraud trial is still slated to begin in late September.

  • May 29, 2020

    Ky. Man Pilfered $10M In Futures Trade Scheme, CFTC Says

    The Commodity Futures Trading Commission asked a Kentucky federal judge Thursday to halt an operation by a man it says took $10 million from investors for a "Ponzi-like scheme."

  • May 29, 2020

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

    The past week in London has seen German financier Lars Windhorst dragged into court by a hospitality company, an Emirati lender sue former executives of a scandal-hit health company, and a bank representing the estate of musical artist Prince file IP claims against a unit of a major record label.

  • May 28, 2020

    Harvey Weinstein Hit With New Rape Allegations In New York

    Four more women on Thursday accused convicted rapist Harvey Weinstein of using his power in the entertainment industry, threats and physical force to rape, sexually abuse, assault, batter and falsely imprison them, according to a lengthy complaint filed in New York state court.

  • May 28, 2020

    NSA Warns On Russian Military Launching New Cyberattacks

    The same Russian military unit that U.S. officials say hacked Democratic National Committee servers to interfere with the 2016 presidential election is actively attacking vulnerable email servers across the globe, the U.S. National Security Agency warned Thursday in a rare public alert.

  • May 28, 2020

    Feds Say Virus No Basis For Ex-Bumble Bee CEO To Skip Jail

    Prosecutors who secured the price-fixing conviction of former Bumble Bee CEO Chris Lischewski have panned the 59-year-old's assertion that jail time presents a threat to his life during the coronavirus pandemic, arguing he's not in a high-risk category and deserves no special treatment. 

  • May 28, 2020

    Alsup Slams 'Criminal' PG&E's 'C-R-A-P-P-Y' Fire Mitigation

    U.S. District Judge William Alsup slammed wildfire mitigation efforts by "recalcitrant criminal" Pacific Gas and Electric Co. on Thursday, saying the bankrupt utility is violating probation by failing to trim enough trees and that, "if ever there was a corporation that deserved to go to prison, it's PG&E."

  • May 28, 2020

    Banks May Avoid Prosecutors' PPP Fraud Wrath, For Now

    With Paycheck Protection Program fraud cases popping up across the country like spring flowers, thousands of lenders that have participated in the coronavirus relief loan program could be forgiven for worrying the crackdown is coming for them too. But experts say banks can rest easy, at least for now, with the primary focus still on borrower fraud.

  • May 28, 2020

    2 Accused PED Suppliers Deny Horse Doping Charges

    Attorneys for a mother and daughter pair on Thursday denied accusations that their clients perpetrated a scheme to supply misbranded and adulterated performance-enhancing drugs for racehorses.

  • May 28, 2020

    Split 6th Circ. Rules 2-Year Reentry Sentence Is Too Harsh

    A split Sixth Circuit ruled that a two-year sentence was too long for a Mexican citizen who illegally reentered the U.S. twice after being deported, finding that he had less of a criminal history than other immigrants who faced a similar penalty.

  • May 28, 2020

    NJ Judge Aims To Revive Civil Rights Claims Over Arrest

    A New Jersey state judge facing ethics charges said she wasn't too late in filing civil rights claims against a municipality as she urged a federal court to set aside a ruling gutting her suit over her arrest for allegedly hindering the apprehension of her then-fugitive boyfriend.

  • May 28, 2020

    N. Korea's Secret Foreign Banks Laundered $2.5B, DOJ Says

    The U.S. Department of Justice accused 28 North Korean bankers of helping launder more than $2.5 billion out of the sanctioned country in a scheme that involved setting up secret branches of a state-owned bank in foreign countries, according to an indictment unsealed in D.C. federal court Thursday.

  • May 28, 2020

    Ex-GE Engineer Cops To Stealing Trade Secrets

    A research engineer who worked for General Electric Co. for more than eight years admitted Thursday to swiping trade secrets from his previous employer in hopes of using the information to start his own venture.

  • May 28, 2020

    LA Councilman's Ex-Aide Latest To Admit To Bribery Schemes

    A former aide to Los Angeles City Councilman Jose Huizar became the latest City Hall figure to agree to plead guilty to taking part in bribery schemes under investigation by federal authorities, according to court records unsealed Wednesday.

  • May 28, 2020

    Watchdog Wants Gov't Whistleblowers To Report Work Status

    The Office of the Special Counsel should require federal employees to report whether they're probationary on their whistleblower complaints so that the government can ensure they aren't being fired based on their status, according to a watchdog report released Thursday.

Expert Analysis

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Will Grand Juries Ever Recover From The Pandemic?

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    Data from the U.S. Department of Justice reflects poorly on the use of the grand jury as either an investigative tool or a bulwark against unfounded prosecutions, and assuredly the pandemic has not changed this trend, says Michael Loucks at Skadden.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Where We Are In The US Trade Secret Crackdown On China

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    As the U.S. Department of Justice continues to focus on prosecuting trade secret theft by China, U.S. companies are also filing private civil lawsuits against Chinese companies in federal courts, relying on both the Defend Trade Secrets Act and state trade secret laws, say attorneys at Wiggin and Dana.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • How Hollywood Can Inspire Courtroom Presentations

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    As attorneys patiently wait for jury trials to resume, they can explore three effective transition techniques commonly used in movies to bring their courtroom PowerPoint presentations to the next level, say Adam Bloomberg and David Metz at Litigation Insights.

  • A Bankruptcy Probe Primer For White Collar Attorneys

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    As white collar attorneys are increasingly asked to assist with bankruptcy-related investigations by unsecured creditors due to the current economic environment, they should follow best practices concerning discovery, appointment of independent board members, and malpractice claims, say attorneys at Lowenstein Sandler.

  • Pandemic Elevates Cos.' Compliance Risks In Latin America

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    While Latin American governments respond to pandemic-related financial needs, multinational companies face elevated compliance risks from increased interaction with government officials, and new enforcement policies related to the misappropriation of funds, expedited government contracting, increased transparency and monitoring, and international cooperation, say attorneys at K&L Gates.

  • Defending Remote Testimony In White Collar, Securities Cases

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    The COVID-19 shift to remote witness testimony in white collar and U.S. Securities and Exchange Commission investigations changes how both sides handle documents, investigate and interact, and will require defense lawyers to reconsider how they present their clients, say attorneys at Richards Kibbe.

  • Trial By Webcam: Tips From A Firsthand Experience

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    Initially incomprehensible, it turns out that conducting trial by video is reasonable and relatively convenient, as long as lawyers do not try to recreate the courtroom experience, say Wheeler Trigg attorneys Joel Neckers and Peter Herzog, who recently participated in an online bench trial in United Power v. Tri-State before the Colorado Public Utilities Commission.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Justices Should Construe Computer Fraud Law Narrowly

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    In U.S. v. Van Buren, the U.S. Supreme Court should follow burglary and trespass cases to limit the Computer Fraud and Abuse Act’s scope to accessing or misusing employer data and avoid the absurd result of criminalizing an employee's unauthorized Facebook visit, say Anthony Volini and Karen Heart at DePaul University.

  • Opinion

    Fla. Felon Voting Decision Interprets Constitution Incorrectly

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    The recent Florida federal court ruling in Jones v. DeSantis — that preventing convicted felons from voting if they can’t afford their legal financial obligations is unconstitutional — was wrongly decided because disenfranchisement neither violates equal protection nor constitutes a poll tax, says attorney R. D. Kelly.

  • Justices' SEC Disgorgement Ruling May Shape FCPA Matters

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    The U.S. Supreme Court’s upcoming opinion in Liu v. U.S. Securities and Exchange Commission may call into question when Foreign Corrupt Practices Act settlements should be subject to disgorgement, say Matthew Rutter and Neal Hochberg at Charles River Associates.

  • What OFAC Means By A Risk-Based Approach To Compliance

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    Even though the Office of Foreign Assets Control has acknowledged COVID-19 challenges, the agency still expects companies to take a risk-based approach to sanctions compliance by routinely updating programs that reflect their individual business models, customer bases and geographic operations, say Mario Mancuso and Abigail Cotterill at Kirkland & Ellis.

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