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White Collar
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September 18, 2024
FBI Agent's Firing Squares With First Amendment, Feds Say
The U.S. Department of Justice asked a District of Columbia federal judge to reject First Amendment claims by Peter Strzok, the FBI agent who was fired in 2018 after his disparaging text messages about Donald Trump became public and caused a scandal for the agency.
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September 18, 2024
Netflix's 'Varsity Blues' Setback Puts Media On Watch
Netflix Inc.'s failure to bring about dismissal of a defamation suit brought by a private equity executive tied to the "Varsity Blues" college admissions case is a warning to media companies when blurring the line between documentary and drama, experts told Law360.
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September 17, 2024
Conn. Adviser Gets 21 Mos. For $2.7M Cherry-Picking Scheme
An investment advisor was sentenced Tuesday to 21 months in prison for bilking clients out of $2.7 million through a "cherry-picking" securities scheme, Connecticut's top federal prosecutor said.
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September 17, 2024
DOJ Investigating Alaska US Atty's Office, Murkowski Says
Sen. Lisa Murkowski revealed Tuesday that the U.S. Department of Justice is investigating the U.S. attorney's office in Anchorage following the resignation of an Alaska federal judge who reportedly had an "inappropriately sexualized relationship" with a law clerk even after she joined the prosecutors' office.
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September 17, 2024
FDIC, OCC Cement New Bank-Merger Policy Guidelines
Federal banking regulators on Tuesday approved plans to tighten their oversight of bank mergers, scoping out heightened scrutiny for deals that result in banks with $100 billion in assets among other things.
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September 17, 2024
Ex-Manager of Dartmouth Student Paper Gets Prison For Theft
A Vermont woman was sentenced Monday to 15 months in prison for stealing over $223,000 from Dartmouth College's student newspaper, where she had worked for nearly a decade as office manager.
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September 17, 2024
Brooklyn Feds Unveil Whistleblower Nonprosecution Plan
The Brooklyn U.S. Attorney's Office on Tuesday announced an initiative to reward corporate whistleblowers with nonprosecution deals amid a broader effort by federal prosecutors to encourage voluntary disclosure of criminal activity.
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September 17, 2024
GC Base Salaries At Big Companies On The Rise
General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
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September 17, 2024
Chrisley Sentence Should Stick Despite 11th Circ., Feds Argue
Julie Chrisley's prison sentence shouldn't change even as a Georgia federal judge considers the former reality TV star's smaller role in a $36 million tax evasion and fraud scheme, prosecutors told the court Monday, noting that her time has already been shortened for other considerations.
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September 17, 2024
Blumenauer Pushes House Speaker To Put Pot Bill To Vote
U.S. Rep. Earl Blumenauer, D-Ore., on Monday urged House Speaker Mike Johnson to bring bipartisan cannabis legislation to a vote following revelations that Richard Nixon admitted privately that marijuana was "not particularly dangerous" while he publicly waged the war on drugs.
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September 17, 2024
BBC Backs Public Interest Value Of Tory Donor Bribery Claims
The BBC has defended itself against a defamation claim from Mohamed Amersi, arguing that statements it made about the telecoms magnate and Conservative Party donor's connection to potentially corrupt deals were substantially true and in the public interest.
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September 17, 2024
Iveco Poland, Truck Distributors Fined $62M For Collusion
A Polish antitrust authority has imposed a fine of 238 million Zloty ($62 million) on truck-maker Iveco Poland and 10 distributors of the vehicles for restricting competition for almost a decade by colluding to share the market between them.
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September 17, 2024
Crypto-Scam Victim's Loss Hands Tracing Lessons To Experts
A recent decision that dismissed a claim brought by a victim of crypto-fraud against an exchange because of flaws in his expert evidence provides a warning for litigators that efforts to trace money will fail unless there is a clear digital trail.
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September 17, 2024
Crypto-Fraud Victim Sues Lawyers Over 'Valueless Advice'
An alleged victim of a cryptocurrency fraud has claimed that a specialist investment law firm owes her £635,000 ($839,000) for providing "valueless advice" on how to recover her lost money.
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September 17, 2024
Combs Led Vast Criminal Ring That Abused Women, Feds Say
Hip-hop mogul Sean "Diddy" Combs was hit with racketeering charges in New York federal court Tuesday alleging he used his media empire to operate a criminal enterprise that engaged in sex trafficking, forced labor and other offenses.
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September 17, 2024
Ghislaine Maxwell Fails To Shake Conviction On Appeal
The Second Circuit on Tuesday rejected arguments by disgraced socialite and Jeffrey Epstein associate Ghislaine Maxwell that her sex trafficking charges violated Epstein's 2007 nonprosecution deal in Florida, upholding her conviction and 20-year prison sentence.
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September 17, 2024
Swiss Seize $15M From Bank For 'Serious' Market Violations
The Swiss financial markets regulator said Tuesday it has seized 12.7 million Swiss francs ($15 million) from Mirabaud & Cie SA after it ruled that the private bank had "seriously violated" the law and breached its anti-money-laundering obligations.
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September 16, 2024
Ex-MoviePass CEO Admits $9.95 Plan Too Good To Be True
Former MoviePass CEO J. Mitchell Lowe pleaded guilty in Florida federal court on Monday to conspiracy to commit securities fraud, admitting that he and another executive hyped the illusion that their $9.95-a-month unlimited movie watching plan would be profitable while knowing it was merely a gimmick to defraud investors.
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September 16, 2024
CEO's AI Fraud Detection Tool Contract Was Fraud, Feds Say
A former technology company CEO has pled guilty to a charge that he cooked his company's books and raised tens of millions of dollars from investors off phony claims that an artificial intelligence program his firm developed was being used to spot digital ad fraud, the Manhattan U.S. Attorney's Office said Monday.
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September 16, 2024
Four Fla. Residents Charged In Insider Trading Scheme
A Miami-based financial consultant, his father and two friends were criminally charged with securities fraud violations in connection to an insider trading scheme after they used non-public information about a proposed merger to buy stocks, then sold them at a profit when the deal went through, according to federal prosecutors.
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September 16, 2024
Film Producer, Accountant Hid $25M From IRS, DOJ Alleges
A film producer who sold shares in the production company he cofounded for $25 million schemed with an Australian accountant to hide the proceeds from U.S. authorities in Swiss bank accounts, causing the IRS to lose out on some $5 million, according to the DOJ.
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September 16, 2024
Ex-Union Leader's Nephew Heads Off Extortion Trial With Plea
The nephew of the former business manager of International Brotherhood of Electrical Workers Local 98 pled guilty Monday to attempting to shake down a casino contractor for a paycheck for work he never performed, Philadelphia's top federal prosecutor announced.
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September 16, 2024
5th Circ. Rejects Favre's Hail Mary In Sharpe Defamation Fight
The Fifth Circuit on Monday affirmed the dismissal of Brett Favre's defamation suit against fellow former NFL star Shannon Sharpe, who called him a "sorry mofo" on air, ruling Sharpe was allowed to express his opinions about Favre's alleged involvement in a sprawling Mississippi welfare fraud scheme.
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September 16, 2024
DOJ Special Counsel Hur Among Duo Joining King & Spalding
King & Spalding LLP announced Monday that Robert Hur, the former special counsel who declined to prosecute President Joe Biden earlier this year over his handling of classified documents, was rejoining the firm alongside fellow U.S. Department of Justice attorney Leah Grossi.
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September 16, 2024
Milbank Taps SEC Chief Litigation Counsel As DC Partner
Milbank LLP said Monday it has hired the U.S. Securities and Exchange Commission's chief litigation counsel as a new partner in Washington, D.C.
Expert Analysis
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How Cannabis Rescheduling May Alter Paraphernalia Imports
The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.
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Opinion
New Guidance On Guilty Plea Withdrawals Is Long Past Due
In light of the Sentencing Reform Act's 40th anniversary, adding a new section to the accompanying guidelines on the withdrawal of guilty pleas could remedy the lack of direction in this area and improve the regulation's effectiveness in promoting sentencing uniformity, say Mark H. Allenbaugh at SentencingStats.com and Alan Ellis at the Law Offices of Alan Ellis.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.
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Key Takeaways From 2024 Accountants' Liability Conference
At the recent annual Accountants' Liability Conference, regulators provided important commentary on new Public Company Accounting Oversight Board rulemaking and standard-setting initiatives, and emphasized regulatory priorities ranging from the tone at the top to alternative practice structures, say attorneys at Arnold & Porter.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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8 Steps Companies Should Take After An Internal Investigation
Given the U.S. Department of Justice’s increasing focus on corporate compliance and remediation of misconduct, companies must follow through in several key ways after an internal investigation to ensure history does not repeat itself, say Jonathan Aronie and Joseph Jay at Sheppard Mullin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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NY Public Campaign Funding May Attract Scrutiny From Feds
The upcoming elections across New York this year will be the first under the state’s public campaign finance program — which may broaden federal prosecutors' purview to target state election fraud and corruption, says Jarrod Schaeffer at Abell Eskew.
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Perspectives
Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle
The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.