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White Collar
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January 16, 2025
US Attorney In North Carolina's Middle District To Retire
U.S. Attorney Sandra Hairston of the Middle District of North Carolina will retire effective Saturday after a lengthy tenure helping put away violent felons and recovering millions of dollars in False Claims Act litigation while supporting and expanding programs and initiatives to help reduce recidivism and violent crimes.
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January 16, 2025
NY Court Won't Revive Leon Black Sex Assault Suit
A New York appeals court ruled Thursday that a nondisclosure agreement did indeed bar a woman's sexual assault suit against former Apollo Global Management CEO Leon Black, finding that the NDA was not signed under duress and is therefore valid.
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January 16, 2025
What Pardons Could Mean For The Jan. 6 Defendants
President-elect Donald Trump has signaled that he will pardon at least some of the people prosecuted for attacking the U.S. Capitol in 2021. Here, experts lay out what could happen, and how it fits into the history of executive clemency.
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January 16, 2025
SEC Hit With Atty Fee Request Over Rare In-House Loss
A Michigan-based company that convinced the U.S. Securities and Exchange Commission to retroactively lift a trading suspension is now arguing that the agency should have to pay the company's attorneys because enforcement staff "lied and misled" in order to obtain the suspension.
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January 16, 2025
Fla. Real Estate Broker Cops To Money Laundering Scheme
A Miami-based real estate broker pled guilty Thursday to a federal conspiracy-related charge of money laundering and evading sanctions, admitting to a scheme in which he managed bank accounts and luxury condominiums on behalf of two Russians who are prohibited from owning property in the U.S.
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January 16, 2025
Texas Justices Question If Courts Can Rethink TCPA Motions
Texas justices questioned whether a trial court can reconsider a motion under the state's anti-SLAPP law to dismiss a farmland-centered REIT's suit against a Dallas-based hedge fund, saying during oral arguments Thursday that allowing it to do so might create a "big hammer" hanging over the parties' heads.
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January 16, 2025
Former NY Cannabis Regulator Backs Embattled Program
The former leader of New York's cannabis regulator and an architect of the state's marijuana legalization law on Thursday defended the integrity of the agency before a roomful of cannabis attorneys, some of whom have litigated against its core policies.
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January 16, 2025
3 Charged In $44M Book Publishing Scam
A California woman and two citizens of the Philippines were charged with bilking $44 million from elderly authors by convincing them that filmmakers wanted to create film adaptations of their works if they first paid fees, federal prosecutors announced Wednesday.
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January 16, 2025
Mass. Bookkeeper Gets 2 Years For Embezzlement
A longtime bookkeeper for a Cape Cod flooring business was sentenced to two years in prison after pleading guilty to embezzling more than $1.3 million from her employer.
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January 16, 2025
AmEx Inks $230M Deal Over DOJ, Fed Small Biz Sales Claims
American Express has signed a nonprosecution agreement and said Thursday it will pay about $230 million to end investigations by the Department of Justice and the Federal Reserve into the financial services company's previous sales practices for some small business customers in the U.S.
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January 16, 2025
Madigan Racketeering Case Will Go To Jury
The Illinois federal judge overseeing a criminal racketeering trial against former Illinois House Speaker Michael Madigan and his longtime friend and political ally made certain Thursday that the jury will deliberate and decide the case, rejecting severance and acquittal requests on the last day of evidence.
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January 16, 2025
Fulton DA Willis Fights Subpoenas In Trump Case Probe
Fulton County District Attorney Fani Willis this week outlined her objections to subpoenas issued by a Georgia state Senate committee investigating her prosecution of President-elect Donald Trump, arguing they are overbroad, intended to embarrass her and "defunct" due to the swearing in of a new general assembly.
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January 16, 2025
Cousins Of Wife Killed By Ex-BigLaw Atty Seek Deal Funds
The cousins of a Georgia woman killed by her husband, former Fisher Phillips partner Claud "Tex" McIver, urged a state court to block McIver's designees from receiving proceeds from a settlement of an underlying wrongful death suit, arguing that they "are implicitly her next of kin" and should receive the proceeds.
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January 16, 2025
Florida AG Moody Picked To Replace Marco Rubio In Senate
Florida Gov. Ron DeSantis on Thursday picked state Attorney General Ashley Moody to replace U.S. Sen. Marco Rubio, whom President-elect Donald Trump has nominated to lead the U.S. Department of State during his second term in office.
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January 16, 2025
SCOTUSblog Publisher Tom Goldstein Indicted In Tax Case
Tom Goldstein, a publisher of SCOTUSblog and one of the most experienced U.S. Supreme Court lawyers in the country, was indicted Thursday in Maryland federal court on charges he schemed to evade paying taxes for years and used funds from his boutique law firm to cover gambling debts.
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January 16, 2025
'Complete Lack Of Respect' For Privilege DQs NH Prosecutor
A New Hampshire judge has disqualified the lead prosecutor and a financial expert in the state attorney general's criminal case against a casino owner, finding that they had negligently viewed material protected under attorney-client privilege.
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January 16, 2025
Defense Fights Privilege Waiver In $250M COVID Fraud Case
A Minnesota nonprofit director accused of orchestrating a $250 million fraud scheme using funds from a COVID-19 federal food program has told a federal judge that prosecutors are wrong to argue that her lawyer's testimony at her impending trial will waive her attorney-client privilege, since the lawyer would be discussing facts, not advice.
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January 16, 2025
Atty Gets 5-Year NJ Suspension After Tax Fraud Conviction
A Philadelphia-based personal injury attorney convicted for not paying income tax on more than $8 million in revenue he earned and for failing to pay almost $60,000 in payroll taxes received a five-year suspension from New Jersey's Supreme Court but will keep his law license in the state.
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January 16, 2025
Paxton-Tied Developer Pleads Guilty In Bank Fraud Case
A real estate developer whose ties to Texas Attorney General Ken Paxton were central to his 2023 impeachment case pled guilty Wednesday to unrelated charges of making false statements to a mortgage lender.
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January 16, 2025
Menendez Judge Urges Lawyers To Streamline Wife's Trial
A Manhattan federal judge urged attorneys on Thursday to cut down their 10-week estimate for the upcoming bribery trial of former U.S. Sen. Robert Menendez's wife, Nadine, warning against "boring everybody" with a slog of custodial witnesses
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January 16, 2025
1st Circ. Vacates Most Of Atty's Marijuana Bribe Conviction
The First Circuit vacated a pair of fraud convictions for a Massachusetts attorney charged in a marijuana bribery scheme, finding that sending an iMessage through an Apple cellphone is not enough to satisfy the wire fraud element requiring interstate communication.
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January 15, 2025
Alexander Bros. Must Remain Behind Bars Ahead Of Trial
Brothers Alon, Oren and Tal Alexander, who are accused of trafficking, drugging and sexually assaulting dozens of women over the last decade, will not be released from federal custody ahead of trial, a New York federal judge ruled Wednesday, according to news reports.
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January 15, 2025
SEC's Last-Minute Musk Suit Could Be Scuttled Under Trump
The U.S. Securities and Exchange Commission's latest lawsuit against Elon Musk is unlikely to be viewed favorably by the incoming administration of President-elect Donald Trump, which may press for a lesser penalty or even move to dismiss the case outright, attorneys told Law360 on Wednesday.
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January 15, 2025
9th Circ. Revives H-1B Fraud Charges Against CEO, HR Head
The Ninth Circuit on Tuesday revived criminal visa fraud charges against a semiconductor company's CEO and human resources manager, saying in a published opinion that the government could protect itself against fraud, even through questions it had no right asking.
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January 15, 2025
SEC Fines Advisers For Link To Alleged $410M IPO Fraud
Three investment adviser representatives have agreed to pay the U.S. Securities and Exchange Commission nearly $540,000 to end the regulator's claims that they acted as unregistered brokers while soliciting investors for a private equity firm accused of defrauding investors in a $410 million pre-IPO share scheme.
Expert Analysis
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What FTC's 'Bitcoin ATM' Report Tells Us About Crypto Scams
The Federal Trade Commission's recent insights into bitcoin ATM scams highlight the technical evolution of fraudsters, the application of old scams to new technology, and the persistent financial impact on victims, say attorneys at DLA Piper.
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Recent Developments In Insurance Coverage For FCA Claims
As the U.S. Department of Justice continues its vigorous False Claims Act enforcement, companies looking to their insurers to help defray the costs of an investigation or settlement should note recent decisions on which types of policies cover FCA claims, which policy periods apply and which portions of FCA-related losses are covered, say attorneys at Covington.
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A Look At Grewal's Record-Breaking Legacy After SEC Exit
Gurbir Grewal resigned as director of the U.S. Securities and Exchange Commission's Division of Enforcement last month after more than three years on the job, leaving behind a legacy marked by record numbers of penalties and enforcement actions, as well as mixed results in aggressive lawsuits against major crypto players, say attorneys at Debevoise.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Consider The Impact Of Election Stress On Potential Jurors
For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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3 Steps For Companies To Combat Task Scams
On the rise in the U.S., the task scam — when scammers offer a victim a fake work-from-home job — hurts impersonated businesses by tarnishing their name and brand, but companies have a few ways to fight back against these cons, says Chris Wlach at Huge.
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Perspectives
Protecting Survivor Privacy In High-Profile Sex Assault Cases
Multiple civil lawsuits filed against Sean "Diddy" Combs, with claims ranging from sexual assault and trafficking to violent physical beatings, provide important lessons for attorneys to take proactive measures to protect the survivor's anonymity and privacy, says Andrea Lewis at Searcy Denney.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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A Look At Insurance Coverage For Government Investigations
Attorneys at Jenner & Block discuss the quirks and potential pitfalls of insurance coverage for government claims and investigations, including those likely to arise from the U.S. Department of Justice's recently announced whistleblower program.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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New Export Control Guidance Raises The Stakes For Banks
Recent guidance from the Bureau of Industry and Security alerts banks that they could be liable for facilitating export control violations, the latest example of regulators articulating the expectation that both financial institutions and corporations serve as gatekeepers to mitigate crime and aid enforcement efforts, say attorneys at Freshfields.