White Collar

  • March 29, 2024

    Alleged 'Shadow Trader's Co-Worker Tells Jury Stocks Not Tied

    A co-worker of an ex-Medivation executive accused of "shadow trading" in rival Incyte's stock testified Friday as the first defense witness in his California federal civil trial, telling jurors that the two companies weren't competitors and that he wouldn't expect their stock prices to rise in tandem.

  • March 29, 2024

    Migrant's Death Had To Be Direct Shot, Ariz. Jury Hears

    Jurors weighing charges that an Arizona rancher murdered a migrant who was allegedly trespassing on his property heard testimony Friday from a weapons expert who said the fatal wound had to be from a direct shot as opposed to a stray falling bullet.

  • March 29, 2024

    What's Next On Courts' Crypto Docket After Bankman-Fried

    The 25-year prison sentence for FTX founder Sam Bankman-Fried left the crypto industry one step closer to putting the fallout of "crypto winter" behind it, but there are still other cases with broad implications for the industry set to take over Manhattan courtrooms soon.

  • March 29, 2024

    Nikola Says Convicted Ex-CEO Plotting Illegal Board Takeover

    Electric truck manufacturer Nikola Corp. sued its former CEO and convicted felon Trevor Milton in Arizona federal court Friday, accusing him of scheming with unqualified loyalists to regain control of the company by flouting securities laws, infringing Nikola's trademarks and breaching agreements.

  • March 29, 2024

    Up Next After Bankman-Fried Sentencing: FTX Cooperators

    Now that FTX founder Sam Bankman-Fried has been sentenced to 25 years in prison for an $11 billion fraud on the collapsed crypto exchange, it's time for the three top lieutenants who testified against him at trial to face their own judgments — and experts say the cooperators are well positioned to avoid jail time.

  • March 29, 2024

    Convicted Energy Grant Fraudster Loses 1st Circ. Appeal

    The First Circuit rejected the appeal of a Massachusetts man who was convicted of submitting fraudulent applications for federal grant money under the guise of needing it for energy projects, ruling that the verdict was backed by strong evidence.

  • March 29, 2024

    Tax Preparer Gets 30 Months For $780K COVID Aid Scheme

    A North Carolina tax preparer who fraudulently obtained $780,000 in pandemic relief loans and laundered money was sentenced in federal court to 30 months in prison and three years of supervised release, prosecutors announced.

  • March 29, 2024

    'Rust' Movie Armorer Denied New Trial, Remains Jailed

    A New Mexico state judge on Friday rejected "Rust" armorer Hannah Gutierrez-Reed's emergency motion to be released from custody and given a new trial based on what her attorneys argued were erroneous jury instructions leading to her conviction over the on-set shooting death of a cinematographer.

  • March 29, 2024

    Atty Called A Flight Risk In $1.3 Billion Tax Fraud Case

    An attorney serving a 23-year prison sentence for tax fraud in a $1.3 billion conservation easement scheme is a flight risk and should remain in federal custody while he waits for his appeal, the government told a Georgia federal court Friday.

  • March 29, 2024

    Cannabis Co. Consultant Barred From Penny Stock Trading

    A Florida federal judge has barred a self-designated consultant for a cannabis company from penny stock trading for life, finding that he knowingly put out statements claiming the company had deals to do business in countries where it was not legally allowed to sell cannabis products.

  • March 29, 2024

    Off The Bench: Ohtani Woes, Va. Ends Arena Plan, Pac-12 Deal

    In this week’s Off The Bench, MLB superstar Shohei Ohtani tries to untangle himself from a gambling scandal, Virginia’s rejection sends two D.C. pro franchises back home, and the Pac-12 pays up to two schools that were left behind. If you were sidelined this week, Law360 will catch you up with the sports and betting stories that had our readers talking.

  • March 28, 2024

    Morgan Stanley, Goldman Get Archegos Suits Tossed

    A New York federal judge on Thursday dismissed a group of lawsuits by investors accusing Morgan Stanley and Goldman Sachs of illegally avoiding billions of dollars in trading losses by acting on nonpublic information about now-defunct Archegos Capital Management.

  • March 28, 2024

    Ariz. Rancher Appeared 'Calm' Before Body Found, Jury Hears

    A Border Patrol agent who responded to an Arizona rancher's call for help before a migrant was found dead admitted Thursday that he would expect a person who had just shot someone to be "nervous, shaken up," and the rancher was the opposite of that.

  • March 28, 2024

    Ex-Calif. School Official Cops To Stealing $16M From District

    A former public school official pled guilty Thursday to embezzling $15.9 million from a Southern California school district that primarily educates students who are economically disadvantaged, according to federal prosecutors, who say the official spent the money on designer bags, expensive tequila and a house, among other things.

  • March 28, 2024

    Wells Fargo Sued Over Role In Texas Atty's Carbon Tech Scam

    Wells Fargo and an advisory group including an attorney and accountant from California facilitated a yearslong Ponzi scheme that deceived investors to put money into a fraudulent gas industry carbon capture technology venture, according to a proposed class action filed in Texas federal court.

  • March 28, 2024

    FTX Investors To Settle With Ex-Execs, Crypto Promoters

    Investors who launched a multidistrict litigation over cryptocurrency exchange FTX's collapse have reached a set of settlements with the former inner circle of founder Sam Bankman-Fried as well as seven promoters who, together, have agreed to pay over $1.3 million to resolve claims that they boosted a massive fraud scheme at the company.

  • March 28, 2024

    Sen. Menendez Won't Delay May 6 Trial As He Forgoes Appeal

    Sen. Robert Menendez told a New York federal judge Thursday he won't seek interlocutory appeal of his order two weeks ago rejecting the lawmaker's bid to dismiss his bribery case based on the speech and debate clause of U.S. Constitution, teeing up his jury trial set for May 6.

  • March 28, 2024

    Accused 'Shadow Trader' Can't Recall Why He Bought Stock

    A California federal jury considering regulators' claims that an ex-Medivation executive engaged in "shadow trading" of a rival's stock heard video-recorded testimony Thursday from the executive, who said he couldn't recall why he purchased the securities just minutes after learning Pfizer was close to acquiring his own company.

  • March 28, 2024

    Feds Say Ex-OneCoin Atty Should Serve 'Substantial' Time

    Manhattan federal prosecutors have requested a "substantial" amount of prison time for a Bulgarian woman who worked on the legal team at the fraudulent OneCoin cryptocurrency exchange, but said the sentence should fall below the guidelines range of 10 years.

  • March 28, 2024

    FinCEN Eyes Relaxing Bank Duties For Customer ID Numbers

    The U.S. Treasury Department's anti-financial crimes unit moved Thursday to revisit a long-standing requirement for banks to collect full Social Security numbers from people at account sign-up, saying it is looking at possibly relaxing this identity verification measure amid fintech calls for more flexibility.

  • March 28, 2024

    Film Producer, 2 Cos. To Pay SEC $3.5M In ICO Scheme

    A Georgia federal judge on Thursday signed off on a $3.5 million penalty levied by the U.S. Securities and Exchange Commission against two failed cryptocurrency ventures and the Atlanta film producer who promoted them through a pump-and-dump scheme.

  • March 28, 2024

    Ga. Slams Trump's Speech Claims As Bid To 'Rewrite' Case

    An effort by former President Donald Trump to have his Georgia election interference charges tossed on First Amendment grounds is little more than "an attempt to rewrite the indictment" away from the criminal conspiracy behind his false claims about the 2020 election, prosecutors told a Fulton County judge Thursday.

  • March 28, 2024

    11th Circ. Affirms SEC Denial Of Whistleblower Award

    An Eleventh Circuit panel has affirmed the U.S. Securities and Exchange Commission's denial of a whistleblower award to John Meisel, who argued he was entitled to one after providing the commission with information used to obtain $18 million in judgments against the perpetrators of a Ponzi scheme.

  • March 28, 2024

    Disbarring Jeffrey Clark Would Chill Gov't Dialogue, Prof Says

    A Yale Law School professor said Thursday that he does not believe former U.S. Department of Justice attorney Jeffrey Clark should face punishment for advocating to send a letter to Georgia officials purporting to identify significant concerns with the 2020 election, testifying before a Washington, D.C., attorney ethics panel that such discipline would devastate free dialogue within government agencies.

  • March 28, 2024

    Implant Maker's Bribe Case Ripe For Trimming, Judge Says

    A money laundering charge levied against implant manufacturer SpineFrontier Inc. and its executives may be dropped from the broader bribery and kickback prosecution as a Boston federal judge Thursday struggled to square up how the company could have allegedly concealed the unlawful transfers to surgeons while also disclosing them publicly.

Expert Analysis

  • Despite HHS Opinion, Gift Card Giveaways Require Caution

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    Though the U.S. Department of Health and Human Services' Office of Inspector General recently determined that a healthcare consulting firm's gift card plans do not violate the Anti-Kickback Statute, the opinion does not suggest blanket approval for providing gift cards in exchange for referrals, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.

  • Takeaways From SEC's Aggressive Cybersecurity Moves

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    The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • US Cos. Must Guard Against Russian Diversion Of Goods

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    Amid allegations that Russia is end-running trade sanctions through the diversion of otherwise innocuous, everyday goods, U.S. industry involved in the manufacture or distribution of electric products must step up its customer and partner due diligence to avoid unwittingly facilitating the weapons proliferation cycle, say attorneys at Arnold & Porter.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • What Cos. Can Learn From 2023 Export Enforcement Report

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    A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.

  • What EU And UK Corp. Corruption Reform Means For US Cos.

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    Legislative developments in the U.K. and European Union have signaled that the prosecution of fraud and corruption is becoming a greater priority, and large U.S. companies with a global presence should view them as an opportunity to create and revise their global compliance programs, say attorneys at DLA Piper.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Opinion

    History Reveals Folly Of Absolute Presidential Immunity

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    As a federal appeals court grapples with former President Donald Trump’s claims that he’s immune from prosecution on election interference charges, it’s a fitting time for lawyers to reflect on the rule of law — from 13th century jurisprudence to Watergate and the Clinton impeachment — and how the idea of absolute presidential immunity is unwise, says attorney Steven Reske.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • How US Companies Can Wield The New Foreign Bribery Law

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    U.S. companies operating in high-risk markets can use the Foreign Extortion Prevention Act that passed last month to their advantage both in preventing bribe demands and in negotiating with the Justice Department to prevent prosecution or to receive cooperation credit, say attorneys at Squire Patton.

  • New Tech, Old Tricks: How GCs Can Fight White Collar Crime

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    As emerging technologies like artificial intelligence and cryptocurrency provide bad actors with new avenues to commit classic crimes, general counsel should develop a strategy to future-proof their organizations against such threats and prepare for regulatory scrutiny, say directors at FTI Consulting.

  • Unpacking PCAOB's Sanctions Against China-Based Auditors

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    Following the Public Company Accounting Oversight Board's first major enforcement actions against audit firms located in China and Hong Kong for violating quality control standards, China-based U.S. issuers should be prepared for more rigorous audits in the upcoming cycle, and for continuing strict scrutiny from the regulator, say attorneys at Debevoise.

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