White Collar

  • February 20, 2024

    Ex-BigLaw Atty Avoids Prison For Ch. 11 Lies

    A former BigLaw partner on Tuesday was spared any prison time for lying to a New York bankruptcy court in his 2022 personal Chapter 11 case, in an attempt to shield his assets from creditors.

  • February 20, 2024

    Georgia Attorney Disbarred For Court Lies, Hiding Money

    The Supreme Court of Georgia has stripped an Atlanta-area attorney of her license to practice in the Peach State, ruling the drastic move was appropriate after the lawyer's years of lies to a state court regarding the location of $80,000 tied up in a contract dispute.

  • February 20, 2024

    Jurors' Death Penalty Views Not Tied To Race, Colo. Justices Say

    The Colorado Supreme Court on Tuesday unanimously rejected a Black man's efforts to reverse his 2008 murder conviction for a drive-by shooting, with the justices finding that prosecutors' dismissal of two Black jurors did not amount to improper racial bias.

  • February 20, 2024

    Trivest Can Seek 6th Circ. Review Of RICO Jurisdiction Ruling

    A Michigan federal judge will allow a Florida-based private equity firm to appeal a decision denying its bid to escape a Racketeer Influenced and Corrupt Organizations Act lawsuit scrutinizing its funding of a solar company accused of scamming customers.

  • February 20, 2024

    Binance, Prosecutors Urge Court To Affirm $4.3B Penalty

    Binance Holdings Ltd. and federal prosecutors have called on a Washington federal court to confirm a historic $4.3 billion penalty, including a $1.8 billion criminal fine and a $2.5 billion forfeiture, that the crypto exchange agreed to pay last fall when admitting to a series of banking and sanctions violations.  

  • February 20, 2024

    Pharma Co. Can Get D&O Coverage For Securities Suit

    A pharmaceutical company that developed a drug for rare genetic blood disorders is covered under a recent directors and officers policy for a securities class action, a Delaware state court ruled, rejecting its insurers' contention that the action was related to an SEC subpoena and thus fell under an older policy. 

  • February 20, 2024

    Warhol Faker Gets 37 Mos. As He Awaits Murder Trial

    A Massachusetts man who is awaiting trial for allegedly murdering his wife was sentenced Tuesday to just over three years in federal prison for a yearslong scheme to sell forged artworks purporting to be original Andy Warhol pieces.

  • February 20, 2024

    Steward Health CEO Accused Of $45M Dividend Fraud

    A California medical staffing agency says embattled Steward Health Care owes it a whopping $45 million, telling a Texas federal court that Steward CEO Ralph de la Torre should cough up part of the sum because he issued a $111 million fraudulent dividend even though his company was drowning in debt.

  • February 20, 2024

    New Yorker Writer Pans Subpoena Over Adams' Ties To Pastor

    A writer for The New Yorker said that being forced to testify about an indicted Brooklyn pastor's ties to Mayor Eric Adams would step on journalistic privilege, arguing that Manhattan federal prosecutors could instead rely on other sources.

  • February 20, 2024

    Sullivan & Cromwell Accused Of Aiding FTX Fraud

    Sullivan & Cromwell LLP has been accused of knowing about and helping facilitate the massive fraud that brought down cryptocurrency exchange FTX while serving as FTX's outside counsel, and profiting on the back end by overseeing FTX's ongoing bankruptcy, according to a racketeering lawsuit filed last week.

  • February 20, 2024

    Girardi Keese Trustee Recovers $1.8M In Fees For Exide Case

    A U.S. bankruptcy judge on Tuesday approved an agreement between the Girardi Keese bankruptcy trustee, a former attorney for the firm and the Mandell Law Firm to end an adversary proceeding connected to $1.8 million in attorney fees from a lawsuit over the toxic Exide battery plant in Vernon, California.

  • February 20, 2024

    Los Angeles FBI Head, Recused From Girardi Case, Retires

    The head of the FBI's Los Angeles office, who recused himself from investigations into indicted ex-lawyer Tom Girardi, has retired after nearly a year and a half in the post, the agency said Tuesday.

  • February 20, 2024

    Alec Baldwin Seeks June Trial Date In 'Rust' Shooting

    Alec Baldwin's attorney urged a New Mexico judge Tuesday to set a June trial date for the actor on involuntary manslaughter charges in the shooting death of "Rust" cinematographer Halyna Hutchins.

  • February 20, 2024

    Former EDNY Prosecutor, Bomb Expert Joins McGuireWoods

    McGuireWoods LLP has added a former federal prosecutor with the Eastern District of New York as counsel in the government investigations and white collar litigation department in North Carolina and Washington, D.C. Garen Marshall — a former bomb expert with the U.S. Navy — spoke to Law360 Pulse about joining the military-friendly firm.

  • February 20, 2024

    FBI Looks Within In Naming Its Next GC

    The FBI said Tuesday that it has elevated one of its attorneys, who has worked in the government sector for a large part of his career, to serve as the agency's general counsel in Washington, D.C.

  • February 20, 2024

    Paul Hastings, Others Seek $9.9M In Kwok Ch. 11 Case Fees

    Paul Hastings LLP and six other law firms and professional services organizations have filed applications seeking more than $9.9 million in fees and expenses in the global Chapter 11 saga of Chinese exile Ho Wan Kwok, leaving the cost of the two-year-old case at well more than $30 million.

  • February 20, 2024

    Justices Decline Bid For Unanimous Court-Martial Verdicts

    The U.S. Supreme Court on Tuesday refused to take up a former U.S. Air Force sergeant's petition seeking to make court-martial rulings unanimous, leaving in place his divided guilty verdict on two counts of attempted sexual abuse.

  • February 20, 2024

    High Court Declines To Review Trump Attorney Sanctions

    The U.S. Supreme Court declined Tuesday to review onetime Trump lawyer Sidney Powell's and six other attorneys' claims that they were wrongly sanctioned and referred for bar discipline for filing a frivolous challenge to Michigan's 2020 presidential election results.

  • February 20, 2024

    Extraditing Assange For Political Offenses Breaches Int'l Law

    Extraditing Julian Assange to face espionage charges in the U.S. would be a fundamental breach of international laws that protect "pure political offenses," lawyers for the WikiLeaks founder argued at his last-ditch appeal in London on Tuesday.

  • February 19, 2024

    Ex-Autonomy Boss Wants SFO Docs To Sink DOJ Fraud Case

    Mike Lynch wants the Serious Fraud Office to turn over information it holds on him over concerns that U.S. authorities sought international assistance to avoid running out of time to charge him for fraud, according to particulars of the extradited entrepreneur's legal claim against the U.K. agency.

  • February 19, 2024

    Assange Poised To Make Final Bid To Halt Extradition To US

    Julian Assange will make what could be his final legal challenge on Tuesday in his long-running battle to avoid being sent to the U.S. on espionage charges arising from the publication of classified documents more than a decade ago.

  • February 16, 2024

    Atty Convicted Of $5.5M Client Theft Asks 9th Circ. To Vacate

    The prosecution of a former California personal injury attorney sent to jail for 12 years for embezzling as much as $5.5 million in clients' settlement money was riddled with error, and his conviction and sentence should be vacated, his counsel told the Ninth Circuit at a hearing Friday.

  • February 16, 2024

    Feds Charge Ex-Commodities Trader With $3.7M Scheme

    A former commodities trader has been charged with misappropriating $3.7 million from would-be investors using misrepresentations that he later repeated to undercover agents, New Jersey federal prosecutors said Friday.

  • February 16, 2024

    JPMorgan Faces $350M Fine Over Trade Reporting Gaps

    JPMorgan Chase & Co. revealed in a U.S. Securities and Exchange Commission filing Friday that it expects to pay $350 million in civil penalties to settle claims it failed to enter certain trading data into market surveillance systems.

  • February 16, 2024

    Leon Black Accuser Agrees To Drop Assault Claims

    A woman who accused former Apollo Global Management CEO Leon Black of sexually assaulting her during the late Jeffrey Epstein's decadeslong sex trafficking scheme has agreed to drop her claims against the billionaire, although other claims against Epstein's trust co-executors are still pending, according to court documents filed Thursday.

Expert Analysis

  • A Closer Look At Novel Jury Instruction In Forex Rigging Case

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    After the recent commodities fraud conviction of a U.K.-based hedge fund executive in U.S. v. Phillips, post-trial briefing has focused on whether the New York federal court’s jury instruction incorrectly defined the requisite level of intent, which should inform defense counsel in future open market manipulation cases, say attorneys at Lankler Siffert.

  • Googling Prospective Jurors Is Usually A Fool's Errand

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    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

  • Skirting Anti-Kickback Causation Standard Amid Circuit Split

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    Amid the federal circuit court split over the causation standard applicable to False Claims Act cases involving Anti-Kickback Statute violations, which the First Circuit will soon consider in U.S. v. Regeneron, litigators aiming to circumvent the heightened standard should contemplate certain strategies, say Matthew Modafferi and Terence Park at Frier Levitt.

  • A Look Into How Jurors Reach High Damages Awards

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    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • What New Calif. Strike Force Means For White Collar Crimes

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    The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Understanding And Working With The Millennials On Your Jury

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    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Opinion

    White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'

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    Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.

  • CFTC Moves May Boost Interest In Voluntary Carbon Markets

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    As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.

  • Sentencing Shift Might Not Help Most White Collar Defendants

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    Many have lauded the new zero-point offender adjustment in the U.S. sentencing guidelines, which may provide a pathway for noncustodial sentences for first-time offenders — but given the types of cases federal prosecutors often pursue, it likely won't offer much relief to white collar defendants, says Saurish Appleby-Bhattacharjee at BCLP.

  • 2 SEC Orders Illuminate Bribery Risks For US-China Cos.

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    The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.

  • Opinion

    High Court's Gifts Problem Taints Public Corruption Cases

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    A history of U.S. Supreme Court justices failing to disclose luxurious gifts from wealthy donors coincides with a troubling line of court precedent overturning jury convictions in public corruption cases, indicating that perhaps justices aren't presently fit to be making these decisions, says Sen. Sheldon Whitehouse, D-R.I.

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