White Collar

Expert Analysis

• How Emotionally Intelligent AI Could Assist With E-Discovery

  

  While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

• FinCEN 'Travel Rule' Update Sets Challenges For Crypto Cos.

  

  It is unclear how the virtual currency sector will find a practical way to comply with the recent expansion of the Financial Crimes Enforcement Network regulation known as the travel rule, but any solution is likely to have both unintended consequences and unintended benefits, say attorneys with King & Spalding.

• Sports Gambling Compliance: Big Money Worth The Wager

  

  As America teeters on the edge of a sports betting revolution, both prudent betting operators and the banks they use should roll out tailored compliance programs that effectively manage reputational, regulatory and business risks to avoid civil or criminal penalties, say attorneys at Cadwalader.

• Preventable Risks Your Law Firm May Be Overlooking

  

  Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

• 6 Ethics Tips For Attorneys Making Lateral Transfers

  

  With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

• Giuliani Faces 4 Privilege Hurdles In Ukraine Call Probe

  

  Assuming Rudy Giuliani intends to continue his assertion of attorney-client privilege in response to a House intelligence committee's subpoena concerning communications with Ukrainian officials on behalf of President Donald Trump, he has a difficult road ahead, says Tyler Maulsby at Frankfurt Kurnit.

• DOJ's Qui Tam Approach Seems To Be Shifting

  

  In the past, when a whistleblower brought a complaint to the government, it was considered significant if the U.S. Department of Justice declined to intervene. In this short video, David Tolley and BJ Trach of Latham discuss how things have changed in recent years.

• Opinion

  President’s Private Business Interests Are Not Above The Law

  

  President Donald Trump's New York federal court case against the Manhattan district attorney's subpoena of the president's tax returns insists that his private businesses and business associates are immune from state criminal investigation, but this immunity does not appear in the Constitution or any statute or treaty, say Arthur Middlemiss and Marc Scholl at Lewis Baach.

• What To Look For In White Collar Cases This High Court Term

  

  Several upcoming U.S. Supreme Court decisions — involving such varied issues as criminal procedure, statutory interpretation and public corruption — may see traditional liberal-conservative fault lines fall by the wayside and may have a notable impact on white collar criminal defense practice, say Harry Sandick and Jacob Newman of Patterson Belknap.

• Consider The Power Of Tactical Empathy

  

  By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

• The Problem — And Opportunity — Of Implicit Bias In The Bar

  

  Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

• Series

  Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

  

  U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

• 2 Trends In DOJ Health Care Enforcement

  

  As the health care industry continues to evolve, so do the government's enforcement priorities. In this brief video, David Tolley and BJ Trach of Latham discuss two key areas of focus for the U.S. Department of Justice: the opioid crisis, and patient support and assistance programs.

• Opinion

  True Wellness Requires A Deeper Look At Atty Profession

  

  While I applaud all of the law firms that have signed the American Bar Association's campaign to improve attorney well-being, to achieve a truly holistic solution we must ask difficult questions about what we do, how we do it and the expectations we have set for ourselves and our clients, says Edward Shapiro at Much Shelist.

• DOJ's New FARA Enforcement Focus Could Be Far-Reaching

  

  In light of the U.S. Department of Justice's recent dramatic increase in criminal enforcement of the Foreign Agents Registration Act, a wide array of individuals and organizations whose conduct may be implicated by FARA should keep in mind several key compliance considerations, say Richard Beizer and Dalal Hasan of Crowell & Moring.