White Collar

  • December 05, 2023

    Trump's Broker & Club Member Touts Mar-A-Lago's $1B Value

    A Florida real estate broker and member of Donald Trump's Mar-a-Lago club took the stand Tuesday in New York state court to defend the former president's valuation of the property, saying it was worth more than $1 billion based on his billions in sales experience and "gut" feelings.

  • December 05, 2023

    Parties In Healthcare Antitrust Suit Told To List Depo Targets

    An Illinois federal court on Tuesday ordered DaVita Inc., a UnitedHealth Group unit and two of the unit's former senior employees to provide a list of people they seek to depose in an antitrust suit accusing the healthcare companies of an anti-competitive no-poach scheme.

  • December 05, 2023

    LinkedIn, Zoom May Be Enforcers' Next Recordkeeping Target

    Financial firm communications on platforms like LinkedIn and Zoom may be an upcoming focus for regulators after a spate of enforcement actions over off-channel communications via WhatsApp and other texting applications, according to a report released Tuesday.

  • December 05, 2023

    Girardi Keese Trustee's $3M Fees OK'd Over Feds' Objection

    A U.S. bankruptcy judge on Tuesday approved the Girardi Keese bankruptcy trustee's bid to pay more than $3 million in fees to herself and other firms over the U.S. Trustee's Office's objection, pushing back on the notion that the interim request is "unprecedented" in a Chapter 7 case.

  • December 05, 2023

    Virtu Attacks SEC's 'Hypothetical' Information Security Suit

    Virtu Financial Inc. is fighting a U.S. Securities and Exchange Commission lawsuit accusing a subsidiary of failing to safeguard certain client information from its own in-house traders, arguing that the case should be dismissed because the regulator has not alleged that any Virtu employees actually accessed or misused that information.

  • December 05, 2023

    Criminal Probe Ruled No Excuse For Late Filing Of $5.5M Case

    The U.S. Armed Services Board of Contract Appeals was unconvinced that a contractor's efforts to "tread lightly" amid a criminal investigation justified its delay in filing a $5.5 million breach of contract case, tossing most of the case as time-barred.

  • December 05, 2023

    Travelers Says No Coverage In Ericsson Terrorist Bribery Suit

    Travelers told a Texas federal court Tuesday it should have no duty to defend or indemnify Swedish telecommunications giant Ericsson Inc. over claims that it engaged in a "global bribery scheme" with foreign terrorist organizations like al-Qaeda and ISIS to protect its business interests in the Middle East.

  • December 05, 2023

    Man Says Gov't Can't Toll Charges With Criminal Information

    A man charged with wire fraud told the Eleventh Circuit on Tuesday that prosecutors should not have been able to do an end run around the statute of limitations by filing an information when grand juries were suspended amid the COVID-19 pandemic and then refiling the charges via an indictment that came too late.

  • December 05, 2023

    Ga. Judge Puts Hold On Murder Retrial Of Ex-BigLaw Atty

    The Georgia retrial of a former Fisher Phillips partner accused of murdering his wife was put on hold Tuesday after the Fulton County Superior Court judge overseeing the case said he would not allow prosecutors to allege for the second time that Claud "Tex" McIver intended to kill his wife when he shot her.

  • December 05, 2023

    Trump, SBF Trials Spotlight Nonverbal Signaling, Prof Says

    Recent trials involving Donald Trump and Sam Bankman-Fried — and even the much older O.J. Simpson trial — show clearly that savvy trial lawyers are wielding forms of nonverbal communication that aren't subject to ethics guidelines, an expert on the topic said Tuesday.

  • December 05, 2023

    Investor Fights For New Shot At Cannabis Co. Accounting Suit

    An investor who alleged cannabis company Cronos Group Inc. violated "black-and-white accounting standards" to artificially boost quarterly revenue by 40% is asking to amend a consolidated lawsuit's claims post-dismissal, arguing that a New York federal judge's November decision to toss the case with prejudice ran afoul of Second Circuit precedent.

  • December 05, 2023

    Feds Want 2 Years For Media Broker Who Hid $19.5M From IRS

    The owner of a media brokerage firm who admitted to hiding $19.5 million in personal income and receipts from the IRS should spend two years in jail, federal prosecutors told a Maryland federal court Tuesday, saying her crimes were not motivated by financial desperation.

  • December 05, 2023

    Feds Say Bosnian Man Helped Russian Flee Sanctions Case

    Federal prosecutors in Brooklyn, New York, on Tuesday announced the arrest of a Bosnian man who they said assisted a Russian trader in escaping house arrest in Italy after he was accused of procuring weapons parts and oil in furtherance of Russia's war in Ukraine.

  • December 05, 2023

    Ex-Hospital CFO, 3 Doctors Settle Kickback Case For $880K

    A former hospital finance chief and three doctors in Texas will pay a total of more than $880,000 to the government to settle its allegations that they were involved in a kickback scheme to steer patients to specific laboratories for testing, the U.S. Department of Justice revealed this week.

  • December 05, 2023

    Brewery Says Co-Owner Swiped $1M, Forcing Bankruptcy

    A Colorado brewery has sued one of its co-owners, alleging that he misappropriated more than $1 million of the company's money for personal use and his other businesses, claiming in a state court complaint that his misconduct forced the company to file for bankruptcy.

  • December 05, 2023

    Insurer Urges 2nd Circ. To Uphold No Defense Ruling

    An insurer urged the Second Circuit to affirm a ruling which found that it has no duty to defend Paraco Gas Corp. and its executives in a family shareholder dispute, saying a New York federal judge correctly found that a contract exclusion provision in the policy bars coverage.

  • December 05, 2023

    FBI Director In The Hot Seat Over Warrantless Surveillance

    FBI Director Christopher Wray told a U.S. Senate committee on Tuesday that the loss of the targeted foreign warrantless surveillance program would be detrimental to national security, but he faced bipartisan skepticism from lawmakers who are mulling reauthorizing and renewing it. 

  • December 05, 2023

    DC Judge Slams Giuliani No-Show In Pretrial Hearing

    Rudy Giuliani's absence during a Tuesday pretrial conference "sets the tone ... for this whole case," a D.C. federal judge remarked as the former New York City mayor prepares to face trial to determine damages owed to two Georgia poll workers that Giuliani accused of committing ballot fraud in the 2020 presidential election.

  • December 05, 2023

    App Maker Says Faux Atty Lied In Prisoner-Transport Biz Buy

    A cryptocurrency influencer and owner of a Pittsburgh-based AI app company said his former chief investment officer faked his bona fides as an attorney and pilot when enticing him to buy a Colorado prisoner-transport company, then backed out of the business and sabotaged its prospects, according to a lawsuit filed in Pennsylvania state court.

  • December 05, 2023

    Calif. Bar Redoubles Bid To Suspend Girardi Son-In-Law

    Days after a California bar judge expressed "concerns" over an attempt to discipline Tom Girardi's son-in-law David Lira amid a federal wire fraud case, and in response to a motion to abate filed by Lira, the state bar has continued to push for his temporary suspension as the criminal case proceeds.

  • December 05, 2023

    K&L Gates Adds DOJ Enviro, White Collar Attys In DC

    K&L Gates LLP has hired two attorneys from the U.S. Department of Justice who focus on environmental and white collar matters to join K&L's Washington, D.C., office as partners, the firm announced Tuesday.

  • December 05, 2023

    COVERAGE RECAP: Day 40 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 40.

  • December 04, 2023

    Justices Weigh Limits Of Possible Ruling Against SEC Courts

    While the U.S. Supreme Court recently expressed a willingness to declare the U.S. Securities and Exchange Commission's in-house court system unconstitutional, experts say some justices have shown a desire to keep their ruling from spilling over into the enforcement activities of federal agencies doling out Social Security benefits or punishing alleged tax cheats.

  • December 04, 2023

    DeSantis Tourism Board Accuses Disney Of Bribery, Cronyism

    The tourism board appointed by Gov. Ron DeSantis issued a report Monday criticizing The Walt Disney Co. for gifting theme park tickets and other perks "akin to bribes" to members of the previous board, which it said facilitated the "most egregious exhibition of corporate cronyism in modern American history."

  • December 04, 2023

    Feds Say Ex-Lumentum Exec Should Serve Up To 6 Years

    Manhattan federal prosecutors want a prison sentence between 57 and 71 months for former Lumentum Holdings Inc. Chief Information Security Officer Amit Bhardwaj, who pled guilty in March to claims he passed inside information to a California software engineer who held a senior role at Adobe.

Expert Analysis

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1 Year In, Money Laundering Law Tweak May Have Big Impact

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    Despite receiving little attention, Congress' quiet extension of the statute of limitations for money laundering offenses involving foreign bribery offenses is a powerful prosecutorial tool that defense counsel can nevertheless counter by using certain pretrial challenges, says attorney Andrew Feldman.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

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    The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • Crypto, Audit Cases Dominate SEC's Enforcement Focus In '23

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    Attorneys at Covington examine the U.S. Securities and Exchange Commission's fiscal year 2023 enforcement results, which marked the SEC's third consecutive year of increasing enforcement activity since Chair Gary Gensler took over in 2021 — this time driven by a focus on combating cryptocurrency-related scams and enforcing recordkeeping compliance.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • 5 Steps To Meet CFTC Remediation Expectations

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    After the U.S. Commodity Futures Trading Commission recently updated its enforcement policies, organizations should implement elements of effective remediation — from root-cause analyses to design effectiveness tests — to mitigate the risk of penalties and third-party oversight, say Jonny Frank and Chris Hoyle at StoneTurn Group.

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • Why Criminal No-Poach Cases Can Be Deceptively Complex

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    Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.

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