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White Collar
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September 27, 2024
Off The Bench: College Sports Dominates Legal Landscape
In this week's Off The Bench, the NCAA and the athletes in the big name, image and likeness settlement try to redo the terms to satisfy the overseeing judge, Reggie Bush says his image has been exploited by his alma mater and the NCAA for years, and the Pac-12 claims that it's being strong-armed by a rival conference for coaxing away its teams.
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September 27, 2024
Ex-Mass. State Sen. Says Conviction By All-White Jury Unfair
A former Massachusetts state senator has said his conviction on pandemic unemployment aid and tax fraud charges should be thrown out in part because the jury was all white.
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September 27, 2024
Honigman Not Conflicted Out Of $40M Detroit Embezzling Suit
A Michigan state judge said Friday that the law firm that investigated suspected fraud at the Detroit Riverfront Conservancy can also represent the organization in its civil suit against its former chief financial officer, who is accused of embezzling $40 million.
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September 27, 2024
Ex-Partners Blast Lin Wood's Constitutional Fight Over Fees
Former law partners of retired Georgia attorney L. Lin Wood said Wood can't escape being on the hook for their attorney fees after he was hit with a $3.75 million defamation verdict, saying that Wood's argument calling the fees unconstitutional flies in the face of 150 years of the state's case law.
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September 27, 2024
NJ Atty Reprimanded For Keeping Client In Dark On Fee Hike
The New Jersey Supreme Court has reprimanded a criminal defense attorney for failing to provide a client with a retainer or any bills for over four years until notifying the client that, due to an unannounced rate change, the client owed over $170,000.
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September 27, 2024
Cooley Accused Of Hiding Fraud From Startup Investors
A former board member of a dry-cleaning delivery startup has alleged in New Jersey federal court that Cooley LLP and its attorneys deliberately kept investors in the dark about fraud claims against the startup's chief executive.
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September 27, 2024
Feds Charge 3 Iranians In Trump Campaign Hack
The U.S. Department of Justice on Friday unsealed an indictment accusing three Iranian citizens of hacking Donald Trump's presidential campaign as part of a "wide-ranging" cyber scheme that sought to sow distrust in U.S. elections.
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September 27, 2024
NY Man Convicted In Father-Son Crypto Caper
A Long Island man was convicted by a Manhattan federal jury of conspiring with his son to scam investors out of millions by claiming to invest their cryptocurrency and instead pocketing the funds.
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September 27, 2024
TelexFree Victims Say Payment Processor Lost Key Emails
Victims of the multibillion-dollar TelexFree Ponzi scheme said a payment processor's loss of critical emails and other files related to the ploy amounts to a "blatant coverup" to hide evidence that would have otherwise bolstered their case against the company.
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September 27, 2024
Adams Pleads Not Guilty As Atty Mocks Charges
New York City Mayor Eric Adams pled not guilty to federal corruption charges Friday in a packed courtroom in Lower Manhattan, with his attorney deriding the indictment outside the courthouse as not "a real case" and vowing to file a motion to dismiss.
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September 26, 2024
SEC Fines Cassava $40M Over Alzheimer's Treatment Claims
Neuroscience-focused biopharmaceutical company Cassava Sciences Inc. and two of its former executives agreed to pay over $40 million to resolve U.S. Securities and Exchange Commission claims related to allegedly misleading statements about clinical trial results for a potential Alzheimer's disease therapeutic, the regulator announced on Thursday.
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September 26, 2024
Tornado Cash Developer Must Face Criminal Case
The founder of cryptocurrency mixing service Tornado Cash can't escape charges he conspired to launder money and violate sanctions, after a Manhattan federal judge ruled in an oral opinion Thursday that his "narrative" of being prosecuted over writing computer code should be put before a jury.
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September 26, 2024
Donziger Unveils Plan To Launch Impact Litigation Fund
Sitting before an intimate audience of environmental investors and business leaders, disbarred environmental lawyer Steven Donziger recounted his 30-year battle with Chevron Corp. and its predecessor Texaco Inc. in Manhattan on Thursday, before laying out his plan to launch an impact litigation fund.
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September 26, 2024
Ex-CFO Faces New Charge In $40M Detroit Embezzling Case
The former chief financial officer of the Detroit Riverfront Conservancy accused of embezzling from the nonprofit to pay for luxury handbags and trips was arraigned in Michigan federal court Thursday on an additional charge, with prosecutors now saying the losses are likely more than the $40 million disclosed in the original complaint.
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September 26, 2024
FinCEN Withdraws Plan To Bar Now-Defunct Latvian Bank
The U.S. Treasury Department's financial crimes unit indicated Thursday that it intends to withdraw its previous finding flagging Latvian bank ABLV Bank AS for money laundering concerns, in light of its "advanced stage of liquidation" and improvements to Latvia's financial regulatory regime.
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September 26, 2024
Split 2nd Circ. Backs 8 Years For Conn. COVID Money Scam
In a published opinion Thursday, a split panel of the Second Circuit upheld a Connecticut man's eight-year prison sentence for stealing federal COVID-19 relief funds from the city of West Haven through a conspiracy with a state representative, finding that the punishment was not "substantively unreasonable."
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September 26, 2024
SEC Scores Partial Win In Suit Over Blockchain Co.'s ICO
A New York federal judge has partially granted the U.S. Securities and Exchange Commission's motion for summary judgment in a suit accusing blockchain marketplace company Opporty International Inc. and its Brooklyn-based owner of conducting a fraudulent initial coin offering of unregistered digital asset securities.
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September 26, 2024
Feds Send Message To Adams' City Hall: Buckle Up
The seizure of another of New York City Mayor Eric Adams' phones ahead of his corruption indictment Thursday and a prosecutor's cryptic vow to "hold more people accountable" suggest the landmark case may only just be getting started, experts say.
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September 26, 2024
11th Circ. Wary Of Ineffective-Counsel Claim In Salmonella Case
Peanut Corp. of America's former president and a food broker convicted for their roles in a salmonella outbreak that killed nine people and sickened more than 700 in 2008 and 2009 urged the Eleventh Circuit on Thursday to overturn a district court order refusing to vacate their prison sentences.
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September 26, 2024
Jailed 'Rust' Armorer Accuses Prosecutor Of 'Lying, Cheating'
Prosecutorial misconduct that tanked the "Rust" shooting case against actor Alec Baldwin should also unravel the involuntary manslaughter conviction of the Western film's armorer, her lawyer told a New Mexico state judge during a hearing Thursday.
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September 26, 2024
Conn. Jury Finds Oil Trader Guilty In Petrobras Bribery Scheme
A Connecticut federal jury convicted a former oil trader on charges that he sent millions in bribes through an intermediary to officials at Brazilian state oil giant Petroleo Brasileiro, capping a three-week trial on Thursday.
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September 26, 2024
Behavioral Health Exec Pleads Guilty To Medical Billing Fraud
The chief executive of a behavioral health company on Thursday admitted to directing employees to bill Medicare and Medicaid for extra psychotherapy sessions that never took place.
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September 26, 2024
Meet The Quinn Emanuel Atty Defending NYC Mayor Adams
Embattled New York City Mayor Eric Adams has tapped Quinn Emanuel Urquhart & Sullivan LLP partner Alex Spiro to defend him against campaign fraud and bribery charges, putting his fate in the hands of a hotshot attorney known for celebrity clients and courtroom miracles.
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September 26, 2024
Apple Protests Atty Fee Bid In $35M Deal With Scam Victims
Apple Inc. urged a California federal court to limit the fee awarded to plaintiffs' attorneys from a $35 million settlement over allegations it did not stop scammers from tricking victims into using iTunes gift cards for payments, saying the 33% fee sought is too high for the "fair but unexceptional recovery."
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September 26, 2024
NJ Atty Rips AG For 'Grossly Distorted' Power Broker Case
A New Jersey attorney charged in the state's sweeping indictment against power broker George E. Norcross III accused the Attorney General's Office on Thursday of "attempting to criminalize the routine practice of law" with its charges against him.
Expert Analysis
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Implementing Proposed AML Rules May Take More Guidance
Two recent rules proposed by financial regulators would modernize requirements for programs aimed at countering money laundering and terrorist financing by centering more robust risk assessments, but financial institutions may need more specific guidance before they could confidently comply, say Meghann Donahue and Nikhil Gore at Covington.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Perspectives
2 High Court Rulings Boost Protections Against Gov't Reprisal
The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Parsing FY 2024 DOJ Criminal Healthcare Fraud Enforcement
While the U.S. Department of Justice's Criminal Division's strike force on healthcare fraud enforcement action shows an impressive doubling of criminal indictments, a closer look at the data offers important clues about underlying trends, including the comparably modest, accompanying increase in associated intended loss, say Roderick Thomas and Kathleen Cooperstein at Wiley.
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FTC Drives Crackdown On Connected Cars' Data Privacy Risk
After the Federal Trade Commission's warning to automakers about data privacy, which continues to emerge as a national concern, automakers must carefully examine their data collection, use and retention practices, say Catherine Castaldo and Michael Rubayo at Reed Smith.
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Jarkesy May Thwart Consumer Agencies' Civil Penalty Power
The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.
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Lessons From Recent SEC Cyber Enforcement Actions
The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.
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Trump's Best Hush Money Appeal Options Still Likely To Fail
The two strongest potential arguments former President Donald Trump could raise in appealing his New York hush money conviction seem promising at first, but precedent strongly suggests they will still ultimately fail — though, of course, Trump's unique position could lead to surprising results, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.