White Collar

  • December 15, 2019

    Justices Pick New Case To Weigh Okla. Tribal Jurisdiction

    The U.S. Supreme Court said Friday that it will hear an Oklahoma man’s challenge to his state court convictions for child sexual abuse crimes, allowing the justices to resolve questions around tribal, federal and state jurisdiction on the Muscogee (Creek) Nation's historical reservation that it hasn’t been able to settle in a similar case.

  • December 13, 2019

    Cybercriminals Phished For Gov't Procurement Credentials

    Cybercriminals targeted the U.S. Departments of Energy, Commerce and Transportation as well as other federal agencies in a widespread campaign to steal login credentials from stakeholders in government procurement processes, security researchers say.

  • December 13, 2019

    Del. Vice Chancellor Flags Possible Crimes In Estate Case

    Citing Chancery Court testimony pointing to possible criminal perjury and forgery in an estate dispute, a Delaware vice chancellor on Friday took the rare step of diming out parties accused of defrauding a U.K. widow in the civil case to Delaware's attorney general.

  • December 13, 2019

    Tax Lobbyist Gets 1-Year Sentence For Filing False Tax Return

    A tax policy lobbyist, attorney and former U.S. employee has been sentenced in a Virginia federal court to one year in prison for underreporting his income by $2.2 million, the U.S. Department of Justice announced Friday.

  • December 13, 2019

    Haitian Man Gets 27 Months For Visa Fraud Scheme

    A Haitian man living in Louisiana was sentenced Thursday to 27 months in federal prison for running a scheme to help other Haitian citizens fraudulently obtain U.S. visitor visas with forged documents to convince immigration officials they would not stay in the country illegally.

  • December 13, 2019

    2 Plead Guilty To Charges In Illegal Streaming Services Case

    Two computer programmers behind massive illegal television and movie streaming services that cost TV and movie copyright owners millions of dollars have pled guilty to criminal copyright infringement charges, the U.S. Department of Justice announced Friday.

  • December 13, 2019

    Ex-Financial Exec Gets 2 Years In $1M Kickback Scheme

    A New Jersey federal judge slapped the ex-chief information officer of a Texas-based financial services company with a two-year prison term Friday for pocketing almost $1 million in bribes for his help securing contracts between the business and two New Jersey information technology staffing companies.

  • December 13, 2019

    Feds Press For Massive $306M Restitution In Insys Exec Trial

    Seven former Insys Therapeutics Inc. executives who were either convicted or copped a plea in connection with an opioid kickback scheme should be on the hook for more than $300 million in restitution to defrauded insurance companies and a handful of patients, the government said Friday.

  • December 13, 2019

    Oil Execs To Pay $3M To Settle SEC's Insider Trading Suit

    Two oil and gas company executives have agreed to pay a combined penalty of nearly $3 million to settle an insider trading lawsuit brought by the U.S. Securities and Exchange Commission, the agency said Thursday, for trades made on the acquisition of Irish health care company Covidien PLC by medical device giant Medtronic PLC.

  • December 13, 2019

    2nd Circ. Says ICE Can Detain Criminal Defendants

    The Second Circuit revived an indictment against a Trinidad and Tobago national charged with importing cocaine after a lower court tossed it when U.S. Immigration and Customs Enforcement refused to release him.

  • December 13, 2019

    Justices Will Take Up Trump's 3 Subpoena Appeals

    The U.S. Supreme Court on Friday said it would review President Donald Trump's appeals to block subpoenas by congressional committees and the Manhattan district attorney for his personal and business financial records, including his tax information.

  • December 13, 2019

    Virginia Law Firm Can't Dodge Florida Malpractice Claim

    Kaplan Voekler Cunningham & Frank PLC and two firm attorneys must face a malpractice claim in Florida federal court from two former clients alleging the lawyers improperly stripped the men of control over a real estate investment venture, a judge has ruled.

  • December 13, 2019

    ConocoPhillips Accuses Ex-Worker Of $7.3M Fraud Scheme

    ConocoPhillips has levied a Racketeer Influenced and Corrupt Organizations Act claim against a former employee alleging he bilked the company out of $7.3 million in a scheme using companies that did no work and were paid using fake invoices.

  • December 13, 2019

    7th Circ. Won't Rehear Seyfarth Tax Shelter RICO Suit

    The Seventh Circuit has declined to review its decision that an insurance executive failed to prove racketeering claims against Seyfarth Shaw LLP for selling bad tax advice.

  • December 13, 2019

    Scammer Who Hyped Caffeinated-Snack Venture Gets 4 Years

    Manhattan U.S. District Judge Jed S. Rakoff sentenced a 73-year-old California man to four years in prison Thursday for helping his wife steal $2.3 million from investors who thought they were backing a food venture that was going to bring caffeinated snacks to market.

  • December 13, 2019

    Feds Accuse Calif. Man Of Forging Athlete Signatures

    A California man who allegedly sold more than $1 million in memorabilia containing forged signatures of sports and movie stars has been indicted and arrested, California federal prosecutors said. 

  • December 13, 2019

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

    The past week in London has seen fruit producers team up with their insurers to sue Swiss shipping giant MSC Mediterranean, a £1.5 billion penthouse dispute involving the former emir of Qatar spill over into a libel fight, and lenders like NatWest, HSBC and American Express get roped into a product liability case involving eye care specialists. Here, Law360 looks at those and other new claims in the U.K.

  • December 12, 2019

    House Panel Subpoena For Trump Docs Invalid, Justices Told

    A House committee’s subpoena for President Donald Trump’s financial records should be invalidated because the request was made outside Congress’ authority and poses constitutional concerns that warrant review by the U.S. Supreme Court, Trump's attorneys told the court Thursday.

  • December 12, 2019

    Biz Manager Gets 2½ Years Over $2.2M DOD Parts Scam

    A California man was sentenced to 2½ years in federal prison for his part in a scheme to sell the U.S. Department of Defense $2.2 million worth of defective parts for military weapons systems, the U.S. District Attorney's Office for the Southern District of Ohio announced Thursday.

  • December 12, 2019

    Judge Urges Gov't, Esformes To Work Out Atty Fee Deal

    A Florida federal judge on Thursday urged prosecutors and attorneys for convicted nursing home mogul Philip Esformes to work together on an agreement to unfreeze certain assets to cover millions in unpaid legal bills from Esformes’ trial to avoid a complicated legal battle over what fee amount is reasonable.

  • December 12, 2019

    Ex-Braskem Exec Granted $30M Bail In Bribery Case

    The former CEO of Brazilian oil company Braskem satisfied a reluctant magistrate judge on Thursday that cash and investments worth about $30 million, or around half his wealth, will be enough to ensure he appears in Brooklyn to face charges of conspiring to bribe officials in his home country.

  • December 12, 2019

    Pa. AG, Temple Reach Deal On Online MBA Rating Inflation

    Pennsylvania Attorney General Josh Shapiro announced on Thursday that Philadelphia-based Temple University had signed a deal to resolve claims the university’s business school knowingly used false data to boost the rankings of its online MBA program.

  • December 12, 2019

    Ex-Court Worker Gets 2 Years For Lying In Pay-To-Play Probe

    An Illinois federal judge on Thursday gave a former associate clerk with the Cook County Circuit Court two years in prison for lying to a grand jury, saying if people believe they are above the rule of law, "the entire foundation of our democracy grinds to a halt."

  • December 12, 2019

    Exonerated Texas Judge Fights For Spot On 2020 Ballot

    A former Texas state judge who was exonerated of bribery and money laundering convictions in 2017 is looking to the state's highest court for help to get on the March 2020 primary ballot.

  • December 12, 2019

    Businessmen Can't Quash Citi Subpoena In Tax Privacy Case

    Two Texas businessmen cannot quash a government subpoena seeking clarification on whether Citibank possessed their tax information because it may shed light on their suit alleging the information was unlawfully disclosed by the IRS, a South Dakota federal court ruled.

Expert Analysis

  • Whistleblowers' Unique Role In DOJ's Anti-Collusion Efforts

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    The U.S. Department of Justice's recently formed Procurement Collusion Strike Force provides those uniquely positioned in government contracting to be aware of anti-competitive conspiracies an excellent opportunity to step forward under the False Claims Act, say David Caputo and Zachary Arbitman at Youman & Caputo.

  • High Court Seems Skeptical Of 5th Circ. Sentencing Practice

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    The recent U.S. Supreme Court oral arguments in Holguin-Hernandez v. U.S. indicate that the justices are likely to reject the Fifth Circuit’s practice of requiring a post-sentence objection, though it remains uncertain whether their decision would provide clear guidance on necessary specificity in objections, say Elizabeth Bailey and Jill Winter of Buckley.

  • EU Tax Scandal Is Sure To Reach London

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    With powerful states in Europe using their full resources to investigate and prosecute those involved in the tax fraud scheme known as cum-ex trading, it seems all but inevitable that shared information will prompt significant investigations in London by the U.K. authorities, says Bambos Tsiattalou of Stokoe.

  • Insider Trading Bill Would Clarify, Expand Years Of Case Law

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    While still subject to Senate approval, the House's recent passage of the Insider Trading Prohibition Act is significant because it shows bipartisan approval for codifying — and potentially broadening — grounds for prosecuting insider trading established in case law, say attorneys at Baker Botts.

  • Strategies To Maintain Privilege In Crisis Response Scenarios

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    In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

  • US Strengthened And Expanded Economic Sanctions In 2019

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    Stateside regulation of economic sanctions continued at a breakneck pace this year, with new rules targeting Venezuela, Cuba, Turkey and Iran, expanded guidance from the Office of Foreign Assets Control, and one of the most active enforcement years on record, say attorneys at Ropes & Gray.

  • How To Ward Off Nonclient Suits Over Lawyers' Speech

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    Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

  • Counterfeit Good Policing In 2019 Was Redefined By Tech

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    The Organization for Economic Cooperation and Development's recent report that counterfeit goods make up 3.3% of world trade reveals that counterfeiting, abetted by e-commerce, continues to evolve and grow, but brand owners', industry groups' and governments' collaborative use of technology to combat it shows promise, says Donna Schmitt of Armstrong Teasdale.

  • Beware Gov't Contract Practices That May Signal Collusion

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    In response to the U.S. Department of Justice's recent announcement of heightened antitrust enforcement for the government procurement process, contractors should understand the red flags considered indicative of potential collusive activity, say Gail Zirkelbach and Eric Ransom at Crowell & Moring.

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • Scrutiny Of Patient Assistance Program Funding Is Rising

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    Recent anti-kickback enforcement actions from the U.S. Department of Justice highlight why relationships between pharmaceutical companies and funds that help patients afford prescriptions must maintain the required hallmarks of independence, say attorneys at Loeb & Loeb.

  • Opinion

    WADA Should Attend To Due Process In Russian Athlete Case

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    The World Anti-Doping Agency would be well advised to observe due process when it considers a mass ban of Russian athletes next week, or it would likely face an appeal and reversal at the Court of Arbitration for Sports, says Ronald Katz of GCA Law Partners.

  • Prepare For Greater IRS Scrutiny On Conservation Easements

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    The IRS recently announced stepped-up enforcement on abusive syndicated conservation easement transactions, but proactive taxpayers may avoid penalties by filing qualified amended returns or administrative adjustment requests before the IRS comes knocking, say attorneys at Greenberg Traurig.

  • Patent Decision Highlights Cross-Appeal Considerations

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    The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

  • No End In Sight For Litigation Of No-Poach Antitrust Claims

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    In light of the U.S. Department of Justice's indications of forthcoming criminal enforcement, and two recent federal court rulings concerning potential antitrust violations from use of no‑poach clauses in franchise agreements, companies should ensure they are not taking any action that could run afoul of antitrust laws, says Jennifer Maffett-Nickelman of Thompson Hine.