White Collar

  • April 15, 2024

    Justices Wary Of Strict Limit On Malicious Prosecution Cases

    Several U.S. Supreme Court justices appeared open Monday to the idea that a charge made without probable cause can be grounds for a malicious prosecution civil suit even if another charge with valid probable cause accompanied it, but without a clear consensus on a precise boundary.

  • April 15, 2024

    FTX Liquidators Describe Operating Blindly In Initial Days

    The U.S. liquidator for collapsed cryptocurrency exchange FTX told attendees at the OffshoreAlert Conference in Miami Beach, Florida, the case was unlike any other he'd handled as the company had "no set of books," forcing both onshore and offshore liquidators to scramble to track down assets.

  • April 15, 2024

    'Pig Butchering' Scams' Human Toll Has Experts Alarmed

    Financial institutions, cryptocurrency exchanges and social media companies need to do more to stem a growing tide of so-called pig butchering scams, which experts at the OffshoreAlert Conference in Miami said Monday are wreaking havoc on victims while funding a large human trafficking operation.

  • April 15, 2024

    Calif. Cannabis Co. Stiiizy Sued Over Delta-8 Products

    California cannabis giant Stiiizy has been accused of selling products which were touted as federally compliant hemp wares but purportedly had high enough levels of psychoactive THC to qualify as marijuana products, according to a proposed class action in Illinois federal court.

  • April 15, 2024

    Allstate Asks Court To Order Takedown Of 'Smear' Posts

    Allstate asked a Colorado federal judge to order a former independent contractor to remove false statements on his website accusing the insurer of selling customers' personal information to criminals, arguing it has been irreparably injured and that the defendant has signaled he has no plans to stop his smear campaign.

  • April 15, 2024

    Solar Power Co. Accuses Ex-Insider Of Building, Selling Rival

    Delaware-chartered solar energy venture Volt Energy Utility LLC has sued a former top officer in Chancery Court, alleging that while employed by Volt, she secretly launched a competing company, contacted Volt's lenders and customers and then sold the new business to a wholly owned subsidiary of Tokyo Gas Co. Ltd. for $216 million.

  • April 15, 2024

    Coinbase Wants 2nd Circ. To Weigh Crypto's Howey Question

    Crypto exchange Coinbase has asked a Manhattan federal judge to send the question of whether digital assets meet the definition of investment contracts to the Second Circuit, challenging a March order that found the U.S. Securities and Exchange Commission had adequately pled that the platform offered securities.

  • April 15, 2024

    Baltimore Taps DiCello Levitt, Saltz Mongeluzzi For Key Bridge

    The city of Baltimore announced Monday it has hired DiCello Levitt and Saltz Mongeluzzi Bendesky PC as it plans legal action against those responsible for a container ship destroying the Francis Scott Key Bridge last month, the same day FBI agents boarded the ship as part of a criminal investigation.

  • April 15, 2024

    Justices Suggest Bribery Law Could Criminalize Routine Gifts

    U.S. Supreme Court justices pressed the federal government Monday to specify what kinds of rewards fall under a bribery statute frequently used in public corruption prosecutions and why they should be considered graft, voicing concerns that ordinary people could face hefty prison time for routine gift-giving.

  • April 15, 2024

    Feds Say $3.5M 'Cryptojacking' Scam Targeted Cloud Services

    A Nebraska man defrauded two cloud computing services of $3.5 million and used the proceeds to mine an additional $1 million in cryptocurrency, Brooklyn federal prosecutors said Monday.

  • April 15, 2024

    'Magician' Tax Preparer Arrested On $100M Fraud Charges

    The owner of a New York tax preparation business who was known as "the magician" was arrested Monday on charges that he caused more than $100 million in tax losses to the government over a decade, according to the U.S. Department of Justice.

  • April 15, 2024

    Feds Seek Prison For Group That Invaded Abortion Clinic

    Prosecutors are seeking prison sentences for six anti-abortion activists convicted of storming a Washington, D.C., abortion clinic, including a six-year term for the alleged "criminal mastermind" behind this and other blockades.

  • April 15, 2024

    Prosecutor Says Trump Can't Keep Punting Docs Deadlines

    The special counsel prosecuting former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate has asked a Florida federal judge to deny Trump's request for another delay, arguing Trump should not be able to use a trial against him in New York to further delay the proceeding.

  • April 15, 2024

    Feds Flag DNA, Bank Names On Menendez Cash Bundles

    Federal prosecutors pursuing bribery charges against U.S. Sen. Robert Menendez have countered his bid to scrap evidence — such as gold bars and $10,000 cash bundles — from his upcoming trial, telling a New York federal judge that fingerprints, DNA and currency straps from banks where Menendez and his wife don't have accounts derail his claim that the money comes from personal savings. 

  • April 15, 2024

    Senators Demand Info On CFTC Chats With Bankman-Fried

    Two U.S. senators have asked the U.S. Commodity Futures Trading Commission's chair to detail all of his communications and meetings with convicted FTX fraudster Sam Bankman-Fried.

  • April 15, 2024

    9th Circ. To Hear Hunter Biden Appeal In Criminal Tax Case

    The Ninth Circuit will hear Hunter Biden's argument that a California federal judge wrongly rejected requests by his defense team to toss a criminal tax case that Biden has claimed is politically motivated and vindictive, according to a notice filed Monday.

  • April 15, 2024

    'Rust' Armorer Gets 18 Mos. For On-Set Shooting Death

    A New Mexico judge gave "Rust" film armorer Hannah Gutierrez-Reed the maximum 18-month prison sentence Monday for involuntary manslaughter in the fatal shooting of a cinematographer on the set of the low-budget Western starring actor-producer Alec Baldwin, who faces trial on the same charge this summer.

  • April 15, 2024

    Conn. Atty Aided $1.4M Transfer Scam, Developer Says

    Connecticut attorney Carole W. Briggs "intentionally orchestrated and participated in" a business email compromise scam that stole more than $1.4 million from a New Jersey-based real estate development company last year, according to a civil lawsuit in federal court.

  • April 15, 2024

    Sotomayor, Jackson Dissent As Court Rejects Capital Cases

    In a pair of dissents, Justices Ketanji Brown Jackson and Sonia Sotomayor on Monday broke with a majority of their colleagues on the U.S. Supreme Court who declined to hear two death penalty cases.

  • April 15, 2024

    Justice Thomas Misses Monday's Supreme Court Arguments

    U.S. Supreme Court Justice Clarence Thomas was absent Monday for oral arguments examining disputes over whether accepting illegal gratuities without a quid pro quo is prohibited under a federal bribery statute and what test courts should apply when determining whether malicious prosecution claims can proceed. 

  • April 15, 2024

    Stressed About The Trump Trial? Imagine How The Attys Feel

    A trial-of-the-century moment like Donald Trump's New York criminal case heaps singular attention and pressure on the lawyers involved — and a commensurate need for smart stress relief tactics during months of prep, lawyers who have taken on landmark cases say.

  • April 15, 2024

    Justices Won't Review Ex-NYC Union Head's Bribery Rap

    The U.S. Supreme Court on Monday declined to take up the appeal of a former New York City union president who was convicted of taking bribes from now-defunct hedge fund Platinum Partners, rejecting a petition that argued his attorney failed to tell him about the trial judge's conflicts of interest.

  • April 15, 2024

    Trump Accused Of Witness Threats As Jury Selection Begins

    The Manhattan district attorney's office on Monday asked the judge overseeing Donald Trump's hush money trial to find Trump in contempt for flouting the court's gag order barring witness intimidation, on day one of jury selection in the first criminal trial of a former U.S. president.

  • April 12, 2024

    Judge Refuses To Throw Out Hunter Biden's Gun Indictment

    A Delaware federal judge has rejected Hunter Biden's various attempts to duck felony firearm charges ahead of a trial, in particular slamming his contention that he is being selectively prosecuted because he's the president's son as "nonsensical" and "all speculation."

  • April 12, 2024

    Trump Can't Derail Hush Money Trial Over Media Saturation

    A New York judge overseeing Donald Trump's hush money case on Friday rejected another of the former president's bids to derail trial next week, waving off his complaints that prejudicial media coverage has tainted the jury pool.

Expert Analysis

  • Fintech Compliance Does Not Always Equal Bank Compliance

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    Recent enforcement actions are a reminder for banks working with financial technology providers — whether as partners to extend their reach or as internal resources to support existing operations — that few areas of risk need more frequent attention than Bank Secrecy Act and anti-money laundering compliance, says Christopher Couch at Phelps Dunbar.

  • Making The Pitch For A Civil Resolution In A Criminal Case

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    Even without the depth of visibility into prosecutorial decision making offered by special counsel Robert Hur’s recently released report, defense counsel may be able to make the case for civil resolutions of criminal investigations while minimizing a potential negative response from prosecutors to such an argument, says Bill Athanas at Bradley Arant.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Unpacking FinCEN's Proposed Real Estate Transaction Rule

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    Phil Jelsma and Ulrick Matsunaga at Crosbie Gliner take a close look at the Financial Crimes Enforcement Network's recently proposed rulemaking — which mandates new disclosures for professionals involved in all-cash real estate deals — and discuss best next steps for the broad range of businesses that could be affected.

  • 5 Ways To Hone Deposition Skills And Improve Results

    Excerpt from Practical Guidance
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    Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Practical Steps For Navigating New Sanctions On Russia

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    After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.

  • Justices' Trump Ballot Ruling: Purposivism In Textualist Garb

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    The U.S. Supreme Court’s Trump v. Anderson decision earlier this week, allowing former President Donald Trump to remain on state primary ballots, alleviates uncertainty and minimizes the potential for abuse in future cases, but is difficult to square with the court’s own account of its textualist interpretive methods, says Will Havemann at Hogan Lovells.

  • Opinion

    UK Whistleblowers Flock To The US For Good Reason

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    The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Zero-Point Offender Eligibility May Hinge On Meaning Of 'And'

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    Some white collar defendants’ eligibility for the new zero-point offender sentencing adjustment comes down to whether the word “and” really means “and” — a question the U.S. Supreme Court is set to resolve in its upcoming Pulsifer v. U.S. decision, which could affect thousands of incarcerated people, say Brandon McCarthy and Nikita Yogeshwarun at Katten.

  • Valeant Ruling May Pave Way For Patent-Based FCA Suits

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    The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.

  • The Corporate Transparency Act Isn't Dead Yet

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    After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.

  • Complying With Enforcers' Ephemeral Messaging Guidance

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    Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.

  • New FinCEN Guide Provides Useful BOI Context For Banks

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    Financial institutions should review a new Financial Crimes Enforcement Network compliance guide for helpful details about how the agency's beneficial ownership information database should be used, though questions remain about the access rule and whether it will truly streamline bank borrowers' Corporate Transparency Act due diligence, says George Singer at Holland & Hart.

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