White Collar

Expert Analysis

• How To Work With Regulators During Internal Investigations

  

  The recent courtroom battle over the admissibility of statements made by former Deutsche Bank traders shines a spotlight on a potentially recurring problem — excessive government entanglement in an internal investigation. Counsel conducting such investigations should take certain steps to minimize the risk, say attorneys with Troutman Sanders LLP.

• Professional Athletes Should Beware Financial Fraud

  

  Recent financial fraud cases brought by the U.S. Securities and Exchange Commission and federal prosecutors around the country can hopefully serve as a warning to professional athletes and encourage caution when working with financial advisers, say Kevin Muhlendorf and Colin Cloherty of Wiley Rein LLP.

• Merely A Setback For CFTC Market Manipulation Cases

  

  The U.S. Commodity Futures Trading Commission last month suffered a stunning blow to its expansive interpretation of market manipulation in its case against DRW Investments. But this does not quite spell the end for such cases, says Daniel Chirlin of Walden Macht & Haran LLP.

• Guest Feature

  The Subtle Art Of Fred Fielding

  

  He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff learned more.

• Lessons In Keeping Accountant-Client Emails Privileged

  

  In U.S. v. Adams, the taxpayer successfully asserted that attorney-client privilege extended to emails with his accountant, but failed to protect underlying documents due to muddy practices. Attorneys at Mayer Brown LLP distill the court’s decision and provide unclouded strategies for keeping communications with accountants away from government scrutiny.

• Health Care Providers Should Note Recent Fraud Conviction

  

  A federal judge in South Carolina recently sentenced a former speech therapist to 111 months in federal prison on convictions of criminal health care fraud. Practitioners should be aware of the implications as the sentence is an unrequested and unexpected upward departure, say Bart Daniel and Elle Klein of Nelson Mullins Riley & Scarborough LLP.

• How Life Sciences Cos. Can Prepare For Legal And PR Crises

  

  Life sciences companies are susceptible to a wide range of crises that could expose them to legal liability and destroy their reputations. Sometimes, however, the greatest risks will come not from the facts that led to a crisis, but from the company's response, say attorneys at Debevoise & Plimpton LLP.

• Few Taxpayers Should Use New Offshore Disclosure Protocol

  

  Last month, the IRS updated its voluntary disclosure practices. For taxpayers without criminal exposure, the updated protocol can provide the optimal route for an offshore disclosure, but more palatable options likely exist for the significant majority of noncompliant taxpayers, says Patrick McCormick of Drucker & Scaccetti.

• 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

  

  Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

• Whistleblowers May Spur More Gov't Contract Antitrust Cases

  

  The U.S. Department of Justice's $236 million settlement last month with three South Korean companies was the largest ever for anti-competitive conduct against the U.S. government. A whistleblower’s role as the catalyst for that bid-rigging investigation may be a sign of things to come, say David Caputo and Zachary Arbitman of Youman & Caputo LLC.