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White Collar
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February 20, 2025
FCPA Shake-Up May Open Bribery Loophole
New guidelines in the works for Foreign Corrupt Practices Act enforcement under President Donald Trump's administration could dramatically alter how American companies do business overseas while potentially opening the door for foreign bribery when it arguably advances U.S. interests, and the looming changes are creating an unsettled environment for attorneys who practice in the space, experts say.
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February 20, 2025
Baker Donelson Fights Docs Request In Ponzi Scheme Suit
Baker Donelson is pushing back on a request for documents in a lawsuit alleging the firm allowed a timber company's $164.5 million Ponzi scheme to unfold.
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February 20, 2025
Senate Confirms Kash Patel As FBI Director 51-49
The Senate voted 51-49 on Thursday to confirm Kash Patel to be the next director of the FBI.
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February 20, 2025
Ex-Heritage Pharma CEO Disciplined Over Price-Fixing Case
The New Jersey Supreme Court has retroactively suspended the former chief executive of Heritage Pharmaceuticals Inc. from the state bar for three years over his role in a price-fixing conspiracy.
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February 20, 2025
Mass. Man's Medicare Fraud Paid For Ferraris, Feds Say
Federal agents arrested a Massachusetts man Thursday for allegedly billing Medicare to provide orthotic braces to patients he'd never met who didn't need the devices, a nearly $30 million scheme that allowed him to purchase two Ferraris, a Mercedes-Benz and multiple luxury watches.
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February 20, 2025
Tax Trial Paused For Strip Club Boss Accused Of Hiding $5.7M
The trial of a strip club operator accused of hiding $5.7 million in income from the IRS and lying to get a pandemic relief grant was pushed back Thursday after he requested more time to allow a forensic accountant to review financial documents.
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February 20, 2025
Ex-Opioid CEO's Billing Spat With Trial Atty Lands In Court
A Manhattan federal judge teed up a briefing schedule Thursday after a fight over expenses erupted between convicted former opioid CEO Laurence Doud and the lawyer who represented him at his criminal trial, who says Doud still owes $150,000.
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February 19, 2025
Ex-CNBC Pundit Cops To Scamming Investors Out Of $2.7M
A former frequent CNBC guest pled guilty Wednesday to defrauding investors out of at least $2.7 million, part of a plea deal reached with federal prosecutors after he spent years on the lam.
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February 19, 2025
Constitutional Claims Fail To Stop SEC Insider Trading Suit
A Texas man must face U.S. Securities and Exchange Commission claims that he profited off of inside information about a Boston Scientific acquisition that he learned about from his domestic partner after a federal judge rejected his arguments that the regulator sued him unconstitutionally.
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February 19, 2025
Detroit Judge May Be Immune Despite 'Outrageous' Fake Trial
A Michigan federal judge on Wednesday said that while a Detroit judge's decision to put a teen through a "judicial-like" proceeding for falling asleep in his courtroom while on a field trip may have been "outrageous," it may not strip his ability to claim he is immune from her lawsuit.
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February 19, 2025
Ill. Man Gets 5 Years, $1.5M Restitution For PPP Loan Scheme
A Chicago suburban man who admitted to participating in a $1.6 million Paycheck Protection Program loan fraud scheme has been sentenced to more than five years in prison for his role in the five-month scheme, federal prosecutors announced Wednesday.
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February 19, 2025
PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe
Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.
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February 19, 2025
COVID Fraudsters Get Prison For Trying To 'Make A Buck'
Two Florida men who pled guilty to running a scheme that defrauded businesses of millions during the pandemic by bilking them on orders of face masks and other protective equipment were sentenced to prison by a Georgia federal judge Wednesday.
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February 19, 2025
Insurers Must Cover Soybean Loss, NY Appeals Court Affirms
A commodities trading company is entitled to coverage for the loss of over 500,000 bushels of soybeans resulting from a Mississippi-based warehouse's entrance into bankruptcy, a New York state appeals court affirmed.
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February 19, 2025
Pot Convict Says Feds' Attempt To Stay Gun Case Is 'Wild'
A Maine man with a cannabis conviction suing federal and state authorities over a policy banning him from lawfully owning a gun told a Maine federal court that the U.S. Department of Justice's recent motion to pause his case while the executive branch considers its position on the Second Amendment is "wild."
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February 19, 2025
Chilean Nationals Charged With Burgling Pro Athletes' Homes
Federal prosecutors in Florida have unveiled charges against seven Chilean men for operating a burglary ring that targeted the homes of several high-profile athletes and stole more than $2 million worth of valuable goods.
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February 19, 2025
Ex-Jones Day Partner Named For Key DOJ Civil Division Post
The U.S. Department of Justice announced Wednesday that President Donald Trump intends to nominate three people to key posts in the department, including former Jones Day partner Brett Shumate as assistant attorney general for the DOJ's Civil Division.
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February 19, 2025
3rd Circ. Hints County's Probation Detainers Need Scrutiny
Civil rights advocates told the Third Circuit that Allegheny County, Pennsylvania, is jailing defendants for probation violations too hastily, and the panel appeared open Wednesday to reviving a lawsuit against several county judges for more developments.
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February 19, 2025
Adams, DOJ Quizzed On Dismissal Bid By Wary Judge
A Manhattan federal judge on Wednesday scrutinized the U.S. Department of Justice's motion to dismiss corruption charges against New York City Mayor Eric Adams, rankling attorneys on both sides as he declined to "shoot from the hip" and immediately rule.
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February 19, 2025
Wu-Tang Album Owner Wants Shkreli To Pay Fees
The crypto project that holds the only physical copy of a Wu-Tang Clan album that once belonged to Martin Shkreli has asked a Brooklyn federal court to make him pay for months of noncompliance with a preliminary injunction requiring him to account for all copies of the album he may have made.
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February 19, 2025
Jay-Z's Roc Nation Aims To Exit Buzbee Conspiracy Suits
Shawn "Jay-Z" Carter's company Roc Nation has asked a Texas federal court to let it escape two lawsuits against it and Quinn Emanuel Urquhart & Sullivan LLP alleging that they recruited former clients to bring malpractice claims against the Buzbee Law Firm in retaliation for accusing the rap star of rape.
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February 19, 2025
Simpson Thacher Adds Litigator, Private Funds Pro In Boston
Simpson Thacher & Bartlett LLP has added a litigation attorney from Cooley LLP and a private funds attorney from Ropes & Gray LLP who will both work in Boston, the firm announced Wednesday.
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February 19, 2025
Nadine Menendez Loses Bid To Have Expert Testify On Gifts
A Manhattan federal judge on Wednesday rejected a request by Nadine Menendez to have a witness testify that receiving gold bars as gifts is normal in her culture, dealing the wife of former U.S. Sen. Bob Menendez a setback ahead of her corruption trial.
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February 19, 2025
Trump Media Co. Sues Brazilian Supreme Court Justice
President Donald Trump's media company and online video sharing platform Rumble Inc. filed suit Wednesday, accusing a Brazilian Supreme Federal Court justice of illegally suppressing political speech in the United States by ordering X and other social media platforms to block accounts spreading disinformation.
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February 18, 2025
1st Circ. Backs Strict View Of Kickback Law In Blow To FCA
In an eagerly awaited ruling, the First Circuit on Tuesday said a major avenue for False Claims Act enforcement requires proof that kickbacks directly changed treatment decisions, a holding that creates a lopsided circuit split as well as significant challenges for the U.S. Department of Justice and the plaintiffs bar.
Expert Analysis
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Parsing SEC's Emerging Trend Of Section 204A Enforcement
The U.S. Securities and Exchange Commission recently settled with Sound Point Capital Management for violating Section 204A of the Investment Advisers Act, adding to a slew of charges against investment advisers that allegedly failed to safeguard material nonpublic information, say attorneys at Cozen O'Connor.
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2nd Circ. Maxwell Ruling Adds To Confusion Over NPA Reach
The Second Circuit’s recent decision upholding Ghislaine Maxwell’s conviction made an analytical leap in applying plea agreement precedent to a nonprosecution agreement, compounding a circuit split and providing lessons for defense counsel, say attorneys at Kropf Moseley.
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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.