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White Collar
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January 17, 2025
Ex-Pol's Atty Chided For Early Morning Sentencing Memo
The lawyer for a former Massachusetts state senator convicted of tax and pandemic aid fraud was scolded by a federal judge on Friday for filing a sentencing memo at 3:30 a.m. on the day of the hearing, then showing up late to court, forcing a postponement.
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January 17, 2025
Off The Bench: Arrest In NBA Betting Probe, 76ers' Arena Deal
In this week's Off The Bench, the betting fraud investigation with a former National Basketball Association player at the center produces another arrest, the Philadelphia 76ers pull out of one new arena agreement and sign up for another, and a champion fighter is accused of assaulting a woman at a basketball game.
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January 17, 2025
Recalled Ex-Oakland Mayor Indicted On Bribery Charges
Federal prosecutors announced criminal bribery charges Friday against former Oakland Mayor Sheng Thao along with her partner and two others following a yearslong FBI corruption investigation, alleging she and her partner accepted cash payments of $95,000 disguised as no-show jobs, among other allegations.
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January 16, 2025
US Attorney In North Carolina's Middle District To Retire
U.S. Attorney Sandra Hairston of the Middle District of North Carolina will retire effective Saturday after a lengthy tenure helping put away violent felons and recovering millions of dollars in False Claims Act litigation while supporting and expanding programs and initiatives to help reduce recidivism and violent crimes.
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January 16, 2025
NY Court Won't Revive Leon Black Sex Assault Suit
A New York appeals court ruled Thursday that a nondisclosure agreement did indeed bar a woman's sexual assault suit against former Apollo Global Management CEO Leon Black, finding that the NDA was not signed under duress and is therefore valid.
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January 16, 2025
What Pardons Could Mean For The Jan. 6 Defendants
President-elect Donald Trump has signaled that he will pardon at least some of the people prosecuted for attacking the U.S. Capitol in 2021. Here, experts lay out what could happen, and how it fits into the history of executive clemency.
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January 16, 2025
SEC Hit With Atty Fee Request Over Rare In-House Loss
A Michigan-based company that convinced the U.S. Securities and Exchange Commission to retroactively lift a trading suspension is now arguing that the agency should have to pay the company's attorneys because enforcement staff "lied and misled" in order to obtain the suspension.
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January 16, 2025
Fla. Real Estate Broker Cops To Money Laundering Scheme
A Miami-based real estate broker pled guilty Thursday to a federal conspiracy-related charge of money laundering and evading sanctions, admitting to a scheme in which he managed bank accounts and luxury condominiums on behalf of two Russians who are prohibited from owning property in the U.S.
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January 16, 2025
Texas Justices Question If Courts Can Rethink TCPA Motions
Texas justices questioned whether a trial court can reconsider a motion under the state's anti-SLAPP law to dismiss a farmland-centered REIT's suit against a Dallas-based hedge fund, saying during oral arguments Thursday that allowing it to do so might create a "big hammer" hanging over the parties' heads.
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January 16, 2025
Former NY Cannabis Regulator Backs Embattled Program
The former leader of New York's cannabis regulator and an architect of the state's marijuana legalization law on Thursday defended the integrity of the agency before a roomful of cannabis attorneys, some of whom have litigated against its core policies.
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January 16, 2025
3 Charged In $44M Book Publishing Scam
A California woman and two citizens of the Philippines were charged with bilking $44 million from elderly authors by convincing them that filmmakers wanted to create film adaptations of their works if they first paid fees, federal prosecutors announced Wednesday.
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January 16, 2025
Mass. Bookkeeper Gets 2 Years For Embezzlement
A longtime bookkeeper for a Cape Cod flooring business was sentenced to two years in prison after pleading guilty to embezzling more than $1.3 million from her employer.
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January 16, 2025
AmEx Inks $230M Deal Over DOJ, Fed Small Biz Sales Claims
American Express has signed a nonprosecution agreement and said Thursday it will pay about $230 million to end investigations by the Department of Justice and the Federal Reserve into the financial services company's previous sales practices for some small business customers in the U.S.
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January 16, 2025
Madigan Racketeering Case Will Go To Jury
The Illinois federal judge overseeing a criminal racketeering trial against former Illinois House Speaker Michael Madigan and his longtime friend and political ally made certain Thursday that the jury will deliberate and decide the case, rejecting severance and acquittal requests on the last day of evidence.
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January 16, 2025
Fulton DA Willis Fights Subpoenas In Trump Case Probe
Fulton County District Attorney Fani Willis this week outlined her objections to subpoenas issued by a Georgia state Senate committee investigating her prosecution of President-elect Donald Trump, arguing they are overbroad, intended to embarrass her and "defunct" due to the swearing in of a new general assembly.
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January 16, 2025
Cousins Of Wife Killed By Ex-BigLaw Atty Seek Deal Funds
The cousins of a Georgia woman killed by her husband, former Fisher Phillips partner Claud "Tex" McIver, urged a state court to block McIver's designees from receiving proceeds from a settlement of an underlying wrongful death suit, arguing that they "are implicitly her next of kin" and should receive the proceeds.
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January 16, 2025
Florida AG Moody Picked To Replace Marco Rubio In Senate
Florida Gov. Ron DeSantis on Thursday picked state Attorney General Ashley Moody to replace U.S. Sen. Marco Rubio, whom President-elect Donald Trump has nominated to lead the U.S. Department of State during his second term in office.
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January 16, 2025
SCOTUSblog Publisher Tom Goldstein Indicted In Tax Case
Tom Goldstein, a publisher of SCOTUSblog and one of the most experienced U.S. Supreme Court lawyers in the country, was indicted Thursday in Maryland federal court on charges he schemed to evade paying taxes for years and used funds from his boutique law firm to cover gambling debts.
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January 16, 2025
'Complete Lack Of Respect' For Privilege DQs NH Prosecutor
A New Hampshire judge has disqualified the lead prosecutor and a financial expert in the state attorney general's criminal case against a casino owner, finding that they had negligently viewed material protected under attorney-client privilege.
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January 16, 2025
Defense Fights Privilege Waiver In $250M COVID Fraud Case
A Minnesota nonprofit director accused of orchestrating a $250 million fraud scheme using funds from a COVID-19 federal food program has told a federal judge that prosecutors are wrong to argue that her lawyer's testimony at her impending trial will waive her attorney-client privilege, since the lawyer would be discussing facts, not advice.
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January 16, 2025
Atty Gets 5-Year NJ Suspension After Tax Fraud Conviction
A Philadelphia-based personal injury attorney convicted for not paying income tax on more than $8 million in revenue he earned and for failing to pay almost $60,000 in payroll taxes received a five-year suspension from New Jersey's Supreme Court but will keep his law license in the state.
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January 16, 2025
Paxton-Tied Developer Pleads Guilty In Bank Fraud Case
A real estate developer whose ties to Texas Attorney General Ken Paxton were central to his 2023 impeachment case pled guilty Wednesday to unrelated charges of making false statements to a mortgage lender.
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January 16, 2025
Menendez Judge Urges Lawyers To Streamline Wife's Trial
A Manhattan federal judge urged attorneys on Thursday to cut down their 10-week estimate for the upcoming bribery trial of former U.S. Sen. Robert Menendez's wife, Nadine, warning against "boring everybody" with a slog of custodial witnesses
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January 16, 2025
1st Circ. Vacates Most Of Atty's Marijuana Bribe Conviction
The First Circuit vacated a pair of fraud convictions for a Massachusetts attorney charged in a marijuana bribery scheme, finding that sending an iMessage through an Apple cellphone is not enough to satisfy the wire fraud element requiring interstate communication.
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January 15, 2025
Alexander Bros. Must Remain Behind Bars Ahead Of Trial
Brothers Alon, Oren and Tal Alexander, who are accused of trafficking, drugging and sexually assaulting dozens of women over the last decade, will not be released from federal custody ahead of trial, a New York federal judge ruled Wednesday, according to news reports.
Expert Analysis
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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What Insurers Need To Know About OFAC's Expanded FAQs
The Office of Foreign Assets Control's recently expanded insurance FAQs clarify how OFAC views insurance policies in a number of specific circumstances involving sanctioned parties, and make plain that sanctions compliance is the responsibility of all participants in the insurance ecosystem, including underwriters, brokers and agents, say attorneys at Morgan Lewis.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Rethinking Clawback Policies For 2025 Compensation Season
The start of a new year presents an opportunity for companies to reassess their executive compensation clawback policies, and while mandatory Dodd-Frank clawbacks are necessary, discretionary policies can offer companies greater flexibility to address misconduct, protect their reputations and align with shareholder priorities, say attorneys at Debevoise.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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SEC Prioritized Enforcement Sweeps As Cases Slowed In '24
Following three consecutive years of increasing activity, fiscal year 2024 marked the lowest number of cases the U.S. Securities and Exchange Commission has brought since Gary Gensler assumed office in April 2021, buttressed by some familiar enforcement sweeps, say attorneys at Covington.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.
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Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships
The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.
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5 Ways SEC's Crypto Approach Could Change Under Trump
Given the Trump campaign's procrypto stance, the U.S. Securities and Exchange Commission could take a number of different approaches to crypto policy in the next administration, including pausing registration-only enforcement actions and proposing tailored rules that take into account the differences between crypto-assets and traditional securities, say attorneys at WilmerHale.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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With Precautions, AI Can Help With Suspicious Activity Filings
While artificial intelligence can enhance suspicious activity report processes, financial services firms should review applicable expectations and areas of deficiencies that can lead to enforcement actions before using AI to help write SARs, say attorneys at Jenner.
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Opinion
Justices Should Squash Bid To Criminalize Contract Breaches
In Kousisis v. U.S., the U.S. Supreme Court should reject the sweeping legal theory that breaches of contract can satisfy the property element of the mail and wire fraud statutes, which, if validated, would criminalize an array of ordinary conduct and violate basic constitutional principles, say attorneys at The Norton Law Firm.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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How D&O Coverage Can Aid Against Increased AI Scrutiny
The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.