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White Collar
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August 22, 2024
Mike Lynch's Path From Tech Founder To DOJ Target
Friends and colleagues paid tribute to Mike Lynch following his death in a yachting accident on Thursday, hailing the British tech entrepreneur for the decades he spent furthering the industry despite the legal troubles that threatened to overshadow his career.
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August 22, 2024
Crypto Lobbyist Hit With FTX Campaign Finance Charges
Manhattan federal prosecutors announced Thursday that Michelle Bond, a crypto industry lobbyist and the girlfriend of convicted former FTX executive Ryan Salame, has been charged with getting the now-defunct digital asset exchange to illegally finance her unsuccessful 2022 congressional campaign.
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August 22, 2024
'Beloved By Everyone': Attys Recall Clifford Chance's Morvillo
Clifford Chance LLP partner Christopher Morvillo, who died this week after a luxury yacht he was on sank off the coast of Sicily, is being remembered not only as a lion of the legal community but also as an "extraordinary human being" and a "Renaissance man" who was devoted to his family.
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August 22, 2024
Mike Lynch's Body Recovered From Yacht Wreck
Mike Lynch, founder of technology company Autonomy, died when a yacht he was aboard sank off the Sicilian coast, his family confirmed Friday, after a trip the entrepreneur had reportedly chartered with his legal team to celebrate their victory in a U.S. fraud case.
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August 21, 2024
FTX's Salame Says Feds Broke Deal Not To Probe Girlfriend
Former FTX executive Ryan Salame urged a New York federal judge Wednesday to either vacate his May conviction or stop federal prosecutors from investigating his domestic partner Michelle Bond for related political campaign-finance offenses, saying prosecutors induced his guilty plea by promising not to probe Bond.
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August 21, 2024
Hunter Biden Can't Link Trauma, Drug Abuse To Tax Charges
Hunter Biden can't tell jurors in his criminal tax trial that traumatic events like his brother's death caused his addiction, which led to a diminished mental capacity and his failure to pay taxes, a California federal judge said Wednesday, noting the information was irrelevant and not backed by expert opinion.
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August 21, 2024
Girardi Faked Dementia Symptoms, Neurologist Testifies
A neurologist with Vanderbilt University testified Wednesday in Tom Girardi's criminal fraud trial in California federal court that the disbarred attorney was likely exaggerating his cognitive problems in late 2020 just as his law firm imploded into bankruptcy and his legal problems mounted because he believed it would be "beneficial."
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August 21, 2024
Ex-Vitol Oil Trader Pleads Out To Texas FCPA Case In NY
A former Vitol oil trader on Wednesday admitted in New York federal court to charges brought in Texas accusing him of bribing Mexican officials to obtain business for the energy and commodities company, months after he was convicted in New York over similar conduct with Ecuadorian officials.
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August 21, 2024
TD Bank Designates $2.6B For Anti-Money Laundering Fines
A U.S. subsidiary of Canada's Toronto-Dominion Bank said Wednesday that it has designated an additional $2.6 billion to cover the fines it expects to pay by the end of the year to resolve civil and criminal investigations into its compliance with anti-money laundering regulations.
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August 21, 2024
Judge Skeptical Ex-Murder Suspect Can Sue Embattled DA
A Colorado federal judge appeared to have doubts Wednesday about the prospects of a malicious prosecution lawsuit brought by a man initially charged with the murder of his wife, asking how the lawsuit can defeat immunity for police and prosecutors.
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August 21, 2024
NY Metal Shredder Will Pay $555K Over Feds' Air Claims
A Long Island, New York, metal shredder will pay $555,000 to settle the federal government's claims that it failed to install required pollution controls at its facility, which caused the release of excessive volatile organic chemicals.
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August 21, 2024
Fla. Real Estate Co.'s Assets Frozen After $56M Ponzi Claims
The U.S. Securities and Exchange Commission has secured an asset freeze in its suit against a Florida-based real estate investment company whose managers misused tens of millions of investor proceeds, including by paying investors "in a Ponzi-like fashion."
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August 21, 2024
Western Asset Exec Takes Leave Of Absence Amid SEC Probe
Western Asset Management's co-chief investment officer, Ken Leech, has taken an immediate leave of absence from the global fixed-income manager after receiving a so-called Wells notice from the U.S. Securities and Exchange Commission and as the company faces parallel government investigations.
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August 21, 2024
Hedge Fund Priest Sues SEC Over Proposed Industry Ban
A Greek Orthodox priest and hedge fund founder who beat most civil claims brought by the U.S. Securities and Exchange Commission at a 2021 trial sued the agency Wednesday, claiming it is unconstitutionally trying to implement a lifetime ban from the securities industry through an administrative case.
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August 21, 2024
Judge Accused Of Locking Up Girl Who Dozed In Courtroom
A teenage girl filed a lawsuit Wednesday in Michigan federal court against a state judge who she says had her handcuffed and detained after she fell asleep during a class presentation in his courtroom and berated her in a mock version of the reality show "Scared Straight" that played out on the court's YouTube platform.
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August 21, 2024
Scrap Metal Dealer Cops To Converter Theft Conspiracy
A North Carolina scrap metal dealer has pled guilty to theft and tax charges associated with a catalytic converter theft conspiracy spanning several states, the Department of Justice announced Tuesday.
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August 21, 2024
How AI Could Shake Up Federal Evidence Rules
Judges, lawyers and academics say it's only a matter of time before the breakneck development of artificial intelligence collides with a cautious, slow-moving judicial system and gives rise to a thorny array of evidentiary issues. They're just not sure what to do about it.
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August 21, 2024
Oath Keepers Atty Pleads Guilty In Jan. 6 Case
A former attorney for the far-right Oath Keepers group pled guilty Wednesday to charges connected to the Jan. 6, 2021, attack on the U.S. Capitol, copping to entering restricted Capitol grounds and advising Oath Keepers affiliates to delete incriminating digital evidence following the riot.
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August 21, 2024
Paxton Issues Warrants To Texas Counties In Election Inquiry
Texas Attorney General Ken Paxton said Wednesday that his office had executed multiple search warrants in Frio, Atascosa, and Bexar counties as part of an ongoing investigation into election integrity.
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August 21, 2024
Travelers Settles With Pa. Firm Over Stealing $1M From Client
A Pennsylvania federal judge dismissed an insurance coverage dispute Wednesday, in light of a settlement between Travelers Insurance and a closed Pennsylvania law firm whose principal attorney was disbarred after he pled guilty to stealing almost $1 million from clients.
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August 21, 2024
Alleged WeWork Fraudster Fires Dickinson Wright Before Trial
Lawyers from Dickinson Wright PLLC told a New York federal judge on Wednesday that they have been discharged by the former CEO of real estate investment firm ArciTerra ahead of his October trial for issuing a bogus $77 million offer for WeWork shares.
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August 21, 2024
6th Circ. Rules Man Can Pay Restitution To Himself
The Sixth Circuit ruled that a Kentucky man who pled guilty to defrauding his mother can pay $332,000 in restitution to her estate even though he is the sole beneficiary, disagreeing with a lower court judge who tried to amend the judgment after her death so the money would go to the federal Crime Victims Fund.
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August 21, 2024
Judge To Mull Recusal In Boston Marathon Bombing Case
A Boston federal judge said Wednesday he will allow briefing on whether he should recuse himself from the case of convicted Boston Marathon bomber Dzhokhar Tsarnaev, who is seeking a new sentencing trial over claims of possible jury bias.
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August 21, 2024
Nonprofit Can Step Into Ex-CFO's $40M Embezzlement Case
A Michigan federal judge said Tuesday that the Detroit Riverfront Conservancy can intervene in the federal government's embezzlement case against its former chief financial officer, who is alleged to have stolen $40 million from the nonprofit tasked with revamping Detroit's riverfront.
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August 21, 2024
Ex-Venezuelan Oil Employee Pleads Guilty To Sanctions Plot
The former procurement head at Petróleos de Venezuela SA, Venezuela's state-owned oil company, pled guilty to conspiring to obtain millions of dollars' worth of U.S. aircraft parts for the business, in violation of U.S. sanctions.
Expert Analysis
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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed
A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Opinion
Post-Chevron, Good Riddance To The Sentencing Guidelines
The U.S. Supreme Court’s overturning of the Chevron doctrine may signal the end of the U.S. sentencing guidelines, which is good news given that they have accomplished the opposite of Congress’ original intent to bring certainty, proportionality and uniformity to sentencing, say attorneys Mark Allenbaugh, Doug Passon and Alan Ellis.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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A Timeline Of Antisemitism Legislation And What It Means
What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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FBI Raid Signals Growing Criminal Enforcement Of Algorithms
The U.S. Department of Justice Antitrust Division's increased willingness to pursue the use of algorithmic pricing as a potential criminal violation means that companies need to understand the software solutions they employ and stay abreast of antitrust best practices when contracting with providers, say attorneys at Rule Garza.
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.
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Best Text Practices In Light Of Terraform's $4.5B Fraud Deal
Text messages were extremely important in a recent civil trial against Terraform Labs, leading to a $4.5 billion settlement, so litigants in securities fraud cases need to have robust mobile data policies that address the content and retention of messages, and the obligations of employees to allow for collection, say Josh Sohn and Alicia Clausen at Crowell & Moring.
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Tricky Venue Issues Persist In Fortenberry Prosecution Redo
Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth
Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.