White Collar

  • October 19, 2020

    Health Execs Must Do Time, Pay $1.5M In Benefits Scheme

    Two Kentucky health care executives were each sentenced to over two years in prison and ordered to pay a combined $1.5 million in restitution for pocketing employees' benefit contributions, the U.S. Department of Labor said Monday.

  • October 19, 2020

    FinCEN Urges Vigilance On Human Trafficking Amid COVID-19

    The Financial Crimes Enforcement Network has issued new guidance gleaned from data collected over the past six years to help financial institutions alert authorities to potential human trafficking, noting that COVID-19 has only exacerbated the risks.

  • October 19, 2020

    Calif. Atty Aided Shell Co. Pump-And-Dump, SEC Says

    The U.S. Securities and Exchange Commission on Monday said a California crowdfunding attorney built a shell company for fraudsters and helped them conceal a pump-and-dump scheme that netted at least $7.2 million.

  • October 19, 2020

    11th Circ. Revives Hedge Fund CFO's Quest For Assets

    An Eleventh Circuit panel vacated and remanded a decision by a Georgia judge who the panel said had denied due process to the chief financial officer of a wealth management company whose CEO defrauded investors out of more than $24 million.

  • October 19, 2020

    Justices Take 4th Amendment Case, Slam Vt. Privacy Ruling

    The U.S. Supreme Court agreed on Monday to consider if the Fourth Amendment's warrant mandate applies to police pursuits in misdemeanor cases, while three justices ripped Vermont's Supreme Court for approving a "meandering" search outside the home of someone suspected of illegally hunting deer.

  • October 19, 2020

    Ill. Judge Axes Ex-Merrill Lynch Trader's Spoofing Charge

    An Illinois federal judge has narrowed the government's case against two former Merrill Lynch traders accused of deceptive trading in the precious metals futures market, throwing out the criminal spoofing charge facing one of the traders after ruling it can't be prosecuted as a scheme.

  • October 19, 2020

    Preparing The Next Generation Of Female Trial Lawyers

    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • October 19, 2020

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • October 19, 2020

    What BigLaw Can Do To Actually Retain Female Attorneys

    Even as BigLaw firms are recruiting women into their ranks in larger numbers, their presence in leadership and equity partnerships remains stubbornly low. Here’s a look at why this is happening — and what firms can do.

  • October 19, 2020

    Female Attorneys Gain Ground In Battle For Clerkships​

    More female attorneys are landing highly sought-after U.S. Supreme Court clerkships, and the experience can turbocharge their careers.

  • October 19, 2020

    These Firms Have The Most Women In Equity Partnerships

    At most U.S. law firms, equity partnerships are still overwhelmingly male, but women at some firms are starting to shake up that reality and smash the glass ceiling that has prevented them from advancing to the uppermost ranks. Here are this year’s Ceiling Smashers — the firms that are outpacing their peers as the legal industry works toward closing the gender gap in its top ranks.

  • October 19, 2020

    Wearing Natural Hair In BigLaw

    In this video, four Black women share their thoughts about wearing natural hair as BigLaw attorneys. In order of appearance, the attorneys are: Rukayatu Tijani, founder of Firm for the Culture and a former BigLaw associate; Delilah Clay, legislative & regulatory advisor at Manatt Phelps & Phillips LLP; Rachel Boyce, associate at Cooley LLP; and Crystal Nwaneri, associate at Fenwick & West LLP.

  • October 19, 2020

    Avenatti Judge Splits Calif. Fraud Trial As Start Likely Delayed

    The California federal judge overseeing Michael Avenatti's embezzlement case on Monday severed the trial in two, saying the wire fraud charges should be tried separately from the bank and tax fraud charges, and noted that the coronavirus will likely delay the December trial until early next year.

  • October 19, 2020

    Role In Sports Gambling Ring Gets Ill. Man Home Detention

    An 85-year-old Illinois man was sentenced Monday to three months of home detention and a year of probation for his role in an illegal gambling ring that allegedly was spearheaded by his son and involved the brother of Hall of Fame Chicago Bears linebacker Brian Urlacher.

  • October 19, 2020

    Ghislaine Maxwell's Effort To Seal Depo Fails In 2nd Circ.

    The Second Circuit declined Monday to seal a deposition given by Ghislaine Maxwell, the former girlfriend of Jeffrey Epstein charged with helping the financier abuse underage girls, putting Maxwell's testimony in civil litigation on track to be made public before her criminal trial.

  • October 19, 2020

    Memorabilia Biz Accuses Debevoise Of Fraud Amid SEC Probe

    A memorabilia auction company sued Debevoise & Plimpton LLP on Saturday, saying the firm's attorneys "abysmally failed" their duties and "annihilated" the company's market value by trying to cover up their own mishandling of an SEC investigation into potential fraud.

  • October 19, 2020

    SEC Gets Final Judgment Against Trader In Fraud Scheme

    A New York federal judge has granted a final judgment against a Pennsylvania-based day trader who the U.S. Securities and Exchange Commission claimed was involved in a $2 million coordinated trading scheme that hacked 50 brokerage accounts to manipulate stock prices, the SEC announced Monday.

  • October 19, 2020

    6 Russian Officers Indicted Over Massive Cyberattack

    A Pennsylvania grand jury has indicted six Russian military officers for cyberattacks, including the destructive 2017 NotPetya malware attack, from the same intelligence unit accused of interfering with the 2016 presidential election, the U.S. Department of Justice said Monday.

  • October 19, 2020

    Trump Asks Justices To Grant Bid To Halt Vance Subpoena

    President Donald Trump asked the U.S. Supreme Court again on Monday to halt enforcement of a grand jury subpoena for his tax and other records issued by the Manhattan district attorney's office, saying the records request risked public disclosure.

  • October 19, 2020

    Scheef & Stone Settles Claims Tied To $80M Fraud Scheme

    Scheef & Stone LLP and two attorneys have tentatively settled allegations that they were a key part of self-described "frack master" Christopher Faulkner's alleged $80 million securities fraud scheme.

  • October 19, 2020

    Indicted Harvard Professor Can't See Grand Jury Minutes

    A Harvard professor charged with lying about his ties to China and additional tax offenses will not be able to review secret grand jury minutes despite his claim that prosecutors' charged rhetoric about spying may have tainted the proceedings.

  • October 19, 2020

    Defunct Cos. Used In Visa Fraud Scheme Get 1 Year Probation

    Two defunct companies owned by a Chinese businesswoman convicted of using them to carry out a six-year visa fraud scheme were each sentenced on Monday to one year of probation.

  • October 19, 2020

    Pa. County Clerk Of Courts Pleads Guilty To $96K Theft

    A former elected court official in Pennsylvania has confessed to using his position to line his own pockets with more than $96,000 in cash that people gave him to pay down their court fines, receiving a sentence of two years of home electronic monitoring.

  • October 19, 2020

    NJ Justices Won't Halt Trial For Jury Selection Challenge

    The New Jersey Supreme Court has refused to further delay a criminal trial to evaluate defense objections to a hybrid system of selecting juries via remote and in-person proceedings amid the COVID-19 pandemic, putting off any high court review until afterward.

  • October 19, 2020

    FinCEN Hits Bitcoin Service Operator With $60M Fine

    The Financial Crimes Enforcement Network on Monday levied a $60 million civil money penalty against the head of two bitcoin businesses for violations of Bank Secrecy Act regulations, stating that he facilitated illicit activity including drug transactions and child pornography by operating in the "darkest spaces of the internet." 

Expert Analysis

  • Calculating FCA Damages From PPP Fraud May Be Tricky

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    The Paycheck Protection Program will undoubtedly give rise to False Claims Act enforcement, but the intangible nature of some contract benefits and differences in contract valuation between the circuits raise uncertainty about damages calculations, say Ellen London at Alto Litigation and Derek Adams at Potomac Law.

  • Petland Ruling Continues Scrutiny Of RICO Enterprise Claims

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    Michael Soyfer at Quinn Emanuel discusses how the Eleventh Circuit's recent decision in Cisneros v. Petland follows the appellate court trend of limiting what qualifies as an enterprise for Racketeer Influenced and Corrupt Organizations Act claims, despite the U.S. Supreme Court's efforts to limit constrictions on the definition.

  • On-Site 3rd Party Audits Remain Critical For FCPA Compliance

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    Even in a pandemic, on-site audits remain the most effective way to ensure third parties' compliance with the Foreign Corrupt Practices Act, but, where they are impossible, there are several control measures companies can take remotely, say economists at Resolution Economics.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • Highlights From 'SEC Speaks' 2020

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    At its recent virtual SEC Speaks conference, the U.S. Securities and Exchange Commission emphasized efforts to adapt enforcement to emerging risks amid the pandemic, and warned companies not to use COVID-19 to cover up past mistakes or newly discovered ones, say attorneys at Perkins Coie.

  • DOJ Guidance, Indictment Suggest Expanding Crypto Focus

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    Read together, the U.S. Department of Justice's recently released cryptocurrency guidance and unsealed BitMEX indictment send a strong message that the government is expanding efforts to combat use of digital assets and blockchain technology for criminal purposes, say Benjamin Klein and Deborah Meshulam at DLA Piper.

  • Outside Whistleblowers Are Critical To Exposing Fraud

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    Outsiders like industry experts, competitors, public interest organizations and concerned citizens often have deep knowledge, industry data and financial incentives that put them in a better position than insiders to spot fraud, say attorneys at Youman & Caputo, Fox Rothschild, Goldstein & Russell and Herrera Purdy.

  • Opinion

    Lawyers Must Fight Voter Suppression This Election Season

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    Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

  • Why Online Mediation May Be Here To Stay

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    Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

  • How Nursing Homes Can Defend COVID-19 Criminal Charges

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    Following the first pandemic-related criminal prosecution of nursing home operators in Massachusetts, nursing homes can take steps to defend their decision-making and infection-control processes as similar cases emerge across the country, say attorneys at Hooper Lundy.

  • Early Takeaways From SEC's FY 2020 Fraud Enforcement

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    Ahead of the U.S. Securities and Exchange Commission's annual enforcement data release later this fall, emerging enforcement themes include fraud related to COVID-19, as well as individual accountability, misuse of reserves, revenue recognition, disclosure malfeasance and data analytics, say attorneys at Perkins Coie.

  • The Constitutional Risks In Pandemic-Era Criminal Jury Trials

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    Virtual voir dire and other pandemic-prompted modifications to jury selection risk curtailing the Sixth Amendment's guarantee that juries represent a fair cross-section of the community, making criminal convictions vulnerable to constitutional attack, say Karin Portlock and Vinay Limbachia at Gibson Dunn.

  • Clients Have The Power To Promote Wellness At Law Firms

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    Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

  • Opinion

    Appellate Courts Should Welcome Well-Crafted Amicus Briefs

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    A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

  • 4 Compliance Tips Amid Increased Ransomware Scrutiny

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    In light of two new U.S. Treasury Department advisories signaling increased oversight of ransomware payments, victim companies and their third-party response teams considering making payments should follow certain due diligence and compliance best practices, say attorneys at Squire Patton.

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