White Collar

  • September 10, 2024

    Investors Sue Broker For Assisting $129M Forex Fraud

    A group of investors who lost tens of millions of dollars in a fraudulent foreign exchange scheme have sued a London broker for approximately $43 million for allegedly providing credit for the company to trade through brokerage accounts which perpetuated the fraud.

  • September 10, 2024

    Glencore's Billionaire Ex-Head Of Oil In Court Over Bribery

    Six former Glencore employees, including the commodity giant's billionaire former global head of oil, appeared at a London court on Tuesday for the first time to face charges of making corrupt payments to an agent in West Africa.

  • September 09, 2024

    Ex-Outcome CEO Says Issues Warrant Bond Pending Appeal

    Former Outcome Health CEO Rishi Shah urged an Illinois federal judge Monday to let him remain on bond while he appeals his fraud conviction and sentence, arguing he has teed up multiple substantial issues that could lead the Seventh Circuit to order a redo.

  • September 09, 2024

    Exec Denied New Trial In 'Shadow Trading' Case, Fined $321K

    A California federal judge on Monday denied a new trial request from an ex-Medivation Inc. executive found to have used the pharmaceutical company's inside information when he bought a rival's stock, and also ordered him to pay a $321,000 penalty in the U.S. Securities and Exchange Commission's "shadow trading" case.

  • September 09, 2024

    Cybersecurity Co. Founders To Pay $1.6M In SEC Fraud Suit

    The co-founders of a now-bankrupt cybersecurity firm have agreed to pay nearly $1.6 million to end the U.S. Securities and Exchange Commission's claims that they used doctored financial records to convince investors to fund their company to the tune of $100 million.

  • September 09, 2024

    Ex-Lender Says FDIC Can't 'Ignore' Key High Court Precedents

    A former small-business financier battling a multimillion-dollar Federal Deposit Insurance Corp. enforcement action has doubled down on his Washington, D.C., federal court challenge to the agency's use of administrative proceedings, saying the regulator must be held to U.S. Supreme Court precedents.

  • September 09, 2024

    Defer To Trial Judges In Juror Bias Strikes, Colo. Justices Rule

    The Colorado Supreme Court said Monday an appellate court should not have itself evaluated a prosecutor's credibility in a case of potential racial bias against a Hispanic juror, ruling it instead needed to defer to the trial court.

  • September 09, 2024

    Ex-Finance Exec To Pay SEC $110K In Insider Trading Action

    A former finance director of pharmaceutical company Inhibrx Inc. has agreed to pay over $110,000 to resolve U.S. Securities and Exchange Commission allegations that he bought his employer's shares as it prepared to announce good news about its principal drug candidate.

  • September 09, 2024

    'Terrorgram' Leaders Charged With Targeting Judge, Senator

    Federal prosecutors unsealed an indictment Monday charging two people with using the social media app Telegram to create a "Terrorgram Collective" of white supremacists who conspired to assassinate a federal judge, a U.S. attorney, a U.S. senator and others, and planned bombings and international hate crimes.

  • September 09, 2024

    Detainee Says Ex-Ga. Sheriff's Conviction Proves Liability

    A detainee who said he was one of a half-dozen detainees strapped to a chair for hours at a time by convicted former Sheriff Victor Hill has asked a Georgia federal judge to grant partial summary judgment in his civil rights lawsuit against the ex-lawman.

  • September 09, 2024

    Mass. High Court Hints At Notice Rule To Open Clerk Hearings

    Justices of Massachusetts' highest court on Monday appeared to signal that 28 men accused of patronizing high-end brothels catering to attorneys, political figures and other high-profile clients should have been given a chance to oppose a request by news organizations to open what are normally closed-door hearings.

  • September 09, 2024

    Sentencing Of Ex-Ecuador Official Delayed By Late Gov't Filing

    A frustrated Florida federal judge on Monday pushed back the sentencing of Ecuador's ex-comptroller — who was convicted of laundering more than $12 million in bribes — after admonishing the government for an "inexplicably and undeniably late" forfeiture motion filed at 4 p.m. Friday.

  • September 09, 2024

    Ex-NYC School Official Gets 2 Years For Bribery Scheme

    A former official in New York City's education system was sentenced in federal court Monday to two years in prison, while three others accused of conspiring with him also got prison time, after being convicted of taking bribes to help the co-defendants sell substandard foods to city schools.

  • September 09, 2024

    Owner Of Mass., NH Eateries Cops To $2M Tax Fraud

    The owner of three restaurants in Massachusetts and New Hampshire has pled guilty to failing to pay approximately $2 million in employment and state and local meals taxes over a six-year period, the U.S. attorney's office in Massachusetts announced Monday.

  • September 09, 2024

    Think Tank Leader Re-Arrested On Foreign Agent Charges

    An Israeli-American professor who was indicted on charges of working as an unregistered agent for the Chinese government and international arms trafficking has been arrested again after he fled the authorities last year in Cyprus, the U.S. government told a federal judge in Manhattan on Monday.

  • September 09, 2024

    Baltimore Strikes $80M Opioid Settlement With Teva

    Teva Pharmaceuticals will pay Baltimore $80 million to resolve claims that the company inflamed the city's opioid crisis, the city of Baltimore announced Monday ahead of a trial slated to begin next week against the remaining defendants in the Maryland state court litigation.

  • September 06, 2024

    Covington Owes $100M For Malpractice, Ex-Client Claims

    A blockchain entrepreneur and attorney is seeking at least $100 million from Covington, claiming in a legal malpractice suit filed Friday in New York state court that he could have avoided years of fighting a federal extortion case if firm partners hadn't advised against handing prosecutors "clearly exculpatory evidence."

  • September 06, 2024

    DC Circ. Considers Age Of Ex-Trump Aide's Surveillance Claims

    Even after more than an hour of argument, the D.C. Circuit didn't seem convinced Friday that ex-Trump 2016 campaign adviser Carter Page timely accused the Justice Department, the FBI and several individuals of various violations tied to their surveillance of him as they probed Russian election interference.

  • September 06, 2024

    Baltimore, DC Legal Wins Help Curb Police Property Seizures

    In a span of less than two weeks this summer, a coalition of nonprofit civil rights litigators and private pro bono counsel notched a pair of legal victories in cases over two mid-Atlantic city police departments’ property seizure. Lawyers have expressed hope the impact could reach past their communities.

  • September 06, 2024

    SEC Wins Suit Against Trader Who Reaped 'Maker-Taker' Fees

    The U.S. Securities and Exchange Commission on Friday won summary judgment against a stock trader it accused of illegal wash trading when he traded to profit off so-called maker-taker fees paid out by major exchanges, with a New Jersey federal judge ruling that there are no issues of material fact in the suit, among other things.

  • September 06, 2024

    7th Circ. Backs Bulk Of CFTC's Fraud Claim Win Against CEO

    The Seventh Circuit has largely upheld a win for the Commodity Futures Trading Commission, finding that the head of a Chicago-based brokerage conducted a multimillion-dollar options fraud scheme, but remanded on two claims related to whether the company was required to register as a commodity trading adviser.

  • September 06, 2024

    Crypto Project Finds Shkreli's Wu-Tang Claims 'Dubious'

    The crypto project suing Martin Shkreli for allegedly harming the value of a one-of-a-kind Wu-Tang Clan album on Friday urged a federal judge to ensure Shkreli "fully" complies with an order directing him to surrender all copies of the album after the project found his recent submission lacking.

  • September 06, 2024

    Ex-CEO Of Defunct Solar Co. Seeks Sanctions In Fraud Suit

    The former CEO of a bankrupt solar energy firm filed a motion for sanctions Friday in Michigan federal court, alleging the plaintiffs' counsel misrepresented the ex-CEO's inability to produce information during a discovery meeting regarding claims he defrauded customers by selling faulty solar systems.

  • September 06, 2024

    Ex-Conn. Utility Execs Can't Shake Convictions At 2nd Circ.

    The Second Circuit issued a mammoth 140-page decision Friday upholding punishments including a $748,000 restitution order for three former executives convicted of stealing from a Connecticut utility cooperative, but the court threw out the utility's bid for a $9.6 million reimbursement for fronting the defendants' attorney fees.

  • September 06, 2024

    Calif. Panel Rejects PE Exec's Excess Coverage Claims

    A California state appeals court upheld the dismissal of a private equity executive's claims that two excess insurers had to cover the millions he said he and his companies incurred in litigation with his co-founder, finding he didn't sufficiently allege that underlying limits had exhausted first.

Expert Analysis

  • Crypto Mixer Laundering Case Provides Evidentiary Road Map

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    A Washington, D.C., federal court’s recent decision to allow expert testimony on blockchain analysis software in a bitcoin mixer money laundering case — which ultimately ended in conviction — establishes a precedent for the admissibility of similar software-derived evidence, say Peter Hardy and Kelly Lenahan-Pfahlert at Ballard Spahr.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

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    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • 5 Lessons From Ex-Vitol Trader's FCPA Conviction

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    The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.

  • Mitigating Incarceration's Impacts On Foreign Nationals

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    Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Trump Hush Money Case Offers Master Class In Trial Strategy

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    The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.

  • Del. Dispatch: Chancery's Evolving Approach To Caremark

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    Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.

  • Global Bribery Probes Are Complicating FCPA Compliance

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    The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Opinion

    State-Regulated Cannabis Can Thrive Without Section 280E

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    Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.

  • Asset Manager Exemption Shifts May Prove Too Burdensome

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    The U.S. Department of Labor’s recent change to a prohibited transaction exemption used by retirement plan asset managers introduces a host of new costs, burdens and risks to investment firms, from registration requirements to new transition periods, say attorneys at Simpson Thacher.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • CFPB Reality Check: Video Game Cash Is Still Money

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    The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.

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