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White Collar
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August 20, 2024
Co. Says No License Needed To Dispute $1B DOD Fuel Deal
A company alleging a $1 billion Defense Logistics Agency African fuel supply contract effectively requires bribery to secure has told the Court of Federal Claims it can protest the deal despite lacking a local license, saying the license wasn't necessary for the contracted work.
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August 20, 2024
Ex-Goldman Analyst's Stepbro Ducks Prison For Inside Trades
A Long Island man on Tuesday was spared time in prison for his role in an insider scheme in which he traded on tips gleaned from his stepbrother and ex-Goldman Sachs analyst, largely due to his prompt cooperation with the FBI.
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August 20, 2024
Pastor Gets 2 Years For Bible-Themed Amusement Park Fraud
A Virginia pastor was sentenced Tuesday to 27 months in prison after he was convicted on charges of defrauding investors out of $800,000 with trumped-up promises of building a Bible-themed amusement park called Miracle Mansion, the U.S. Attorney's Office for the Western District of North Carolina said.
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August 20, 2024
Mich. Man To Face Loan, Wire Fraud Charges Despite Mistrial
A Michigan business owner already accused of COVID-19 loan fraud cannot have a superseding wire fraud charge tossed even though a mistrial was declared in the loan fraud case, a Michigan federal judge has ruled.
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August 20, 2024
Feds Want 20 Years For Backpage Trio In Prostitution Case
Prosecutors asked an Arizona federal judge Monday to sentence two former executives of the defunct classifieds service Backpage.com and the site's co-founder to 20 years in prison after they were found guilty of several counts over an alleged $500 million prostitution scheme.
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August 20, 2024
PleasrDAO Wants Shkreli To Hand Over Wu-Tang Clan Album
The cryptocurrency project that now owns a one-of-a-kind Wu-Tang Clan album has urged a New York federal judge to order Martin Shkreli to hand over any copies he made of the album while he possessed it since the album's value "depends almost entirely on its uniqueness, and the secrecy that surrounds it."
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August 20, 2024
LOT Polish Airlines Objects To DOJ-Boeing 737 Max Plea Deal
LOT Polish Airlines has urged a Texas federal judge to reject Boeing's plea agreement with the U.S. Department of Justice, saying the deal deprives restitution to airline customers that incurred millions in losses because Boeing defrauded regulators about the 737 Max 8's development.
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August 20, 2024
Insider Trading Won't Impact Pilot's Tax Sentencing Guidelines
A Manhattan federal judge found Tuesday that insider trading allegations won't bump up the guidelines sentencing range for a pilot for U.K. billionaire Joe Lewis who pled guilty to tax evasion.
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August 20, 2024
Feds Fight Ex-Pa. Town Official's Appeal Of CWA Conviction
The federal government on Tuesday urged the Third Circuit to reject a former Pennsylvania township official's bid to undo his conviction for environmental and financial crimes committed during his time as director of the municipality's sewage authority.
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August 20, 2024
Feds Can't Delay Justice In Reservation Shooting, Family Says
The family of a Tohono O'odham Nation man who was shot and killed by Border Patrol agents says the federal government's efforts to quell requests for those officers' names is a move to delay justice, arguing that without early discovery the court could find them unaccountable for the incident.
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August 20, 2024
NJ County Denies Admissions In Disbarred Atty's Arrest Suit
Hudson County, New Jersey, and two detectives from its Prosecutor's Office told a New Jersey federal court Tuesday that a disbarred attorney suing them over his allegedly false arrest is telling the court the detectives admitted to things they did not actually admit, and urged the court to grant their summary judgment request.
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August 20, 2024
Fla. Attys' Licenses Suspended In Connection To Assault Case
The Florida Supreme Court has suspended the licenses of a Tallahassee attorney couple after they pled no contest to charges related to a criminal case in which their former babysitter accused them of sexual assault during an incident at the couple's home.
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August 20, 2024
At Nutter, Old Guard Meets New In Expanded Gov't Practice
Twenty-five years after they first met at Boston's Suffolk University Law School as professor and student, Bill Kennedy and Dan Mulhern are teaming up to lead an expanded government affairs and public policy practice at Nutter McClennen & Fish LLP.
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August 20, 2024
Ex-Mich. Judicial Assistant Admits To Embezzling From Judge
A former judicial assistant to a Wayne County Circuit Court judge pled guilty Tuesday to embezzling more than $60,000 from the jurist, Michigan Attorney General Dana Nessel announced.
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August 20, 2024
Ex-State's Atty Says Md. Trial Convictions Should Be Axed
Former Baltimore State's Attorney Marilyn Mosby is vying to upend her convictions for perjury and mortgage fraud, telling the Fourth Circuit the federal prosecution was riddled with errors from the outset.
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August 20, 2024
BigLaw Firm Sues Feds For Halkbank Cooperator Docs
Halkbank's criminal defense lawyers at Williams & Connolly LLP are suing U.S. immigration authorities in search of documents related to businessman Reza Zarrab, who pled guilty and cooperated with prosecutors in their pending case alleging that the Turkish state-owned lender laundered proceeds of Iranian oil.
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August 20, 2024
'Full Steam Ahead' For Pandemic IG Despite Sunset Fear
A pandemic watchdog office is poised to shutter in seven months — its pleas for an extension have gone unheeded. But in the meantime, its remaining employees, some working away in their nondescript Alexandria, Virginia, office, others from their homes, are hustling to recover millions of dollars from COVID-19 fraudsters.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 20, 2024
Clifford Chance 'In Shock' Over Missing Partner
Clifford Chance said Tuesday that it is "in shock and deeply saddened" that a partner is among six passengers missing from a yacht that was reportedly chartered to celebrate the legal victory of technology entrepreneur Mike Lynch.
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August 20, 2024
Menendez, Co-Defendants Seek Acquittal After Guilty Verdicts
Convicted U.S. Sen. Robert Menendez and two of his co-defendants want their guilty verdicts thrown out, telling a New York federal judge the government failed to offer any evidence of how the senator used his office's power to benefit any of the alleged bribe givers.
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August 19, 2024
4 Ex-Girardi Keese Attys Are Federal Targets, Agent Testifies
At least four former attorneys with the defunct Girardi Keese law firm are under active investigation related to the federal government's California wire fraud case and have received letters informing them they are targets, an IRS criminal investigator disclosed Monday under cross-examination by Tom Girardi's attorney at his criminal trial.
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August 19, 2024
Hunter Biden Loses Bid To Duck Tax Case In Calif.
Hunter Biden cannot escape his criminal tax case set to go to trial next month, a Los Angeles federal judge ruled Monday, saying Biden's latest motion comes too late.
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August 19, 2024
Mike Lynch, Clifford Chance Pro Among Missing After Yacht Sinks
Former Autonomy CEO Michael Lynch and a Clifford Chance LLP partner who helped him beat federal fraud charges back in June are among those missing after their chartered luxury yacht sank during a storm off Sicily early Monday during a trip reportedly to celebrate Lynch's legal victory.
Expert Analysis
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Proposed Customer ID Rule Could Cost Investment Advisers
A rule recently proposed by FinCEN and the U.S. Securities and Exchange Commission to make financial advisers collect more customer information parallels an anti-money laundering and counterterrorism rule proposed this spring, but firms may face new compliance costs when implementing these screening programs, say attorneys at Lowenstein Sandler.
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Perspectives
High Court Ruling Leaves Chance For Civil Forfeiture Reform
Though advocates for civil forfeiture reform did not prevail in Culley v. Marshall last month, concerns voiced by a majority of the U.S. Supreme Court justices potentially leave the door open to consider stricter limits in future cases, say attorneys at Dykema.
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How Cannabis Rescheduling May Affect Current Operators
The U.S. Drug Enforcement Agency's proposal to reschedule marijuana to Schedule III provides relief in the form of federal policy from the stigma and burdens of Schedule I, but commercial cannabis operations will remain unchanged until the federal-state cannabis policy gap is remedied by Congress, say Meital Manzuri and Alexis Lazzeri at Manzuri Law.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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In Biz Account Breaches, Look Beyond The Payment Platform
A business's legal path to recovering funds after bad actors access a payment platform account and engage in unauthorized transactions can lead into murky legal territory where liability is unclear, and pursuing the payment platform itself will be an uphill, if not insurmountable, struggle, say Edward Marshall and Morgan Harrison at Arnall Golden.
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Justices' 'Blind Mule' Ruling Won't Change Defense Strategy
The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares
In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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A Framework For Investigating Commercial Loan Fraud
As commercial loan transactions are increasingly subject to sophisticated fraud schemes, lenders must adopt dynamic strategies to detect, investigate and mitigate these schemes, say attorneys at Baker Donelson.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.