White Collar

  • November 14, 2024

    Defense Attys Urge Justices To Narrow False Statement Law

    The National Association of Criminal Defense Lawyers is supporting ex-Burke Warren MacKay & Serritella PC attorney and former Chicago alderman Patrick Thompson's bid to convince the U.S. Supreme Court to overturn his conviction for lying to the Federal Deposit Insurance Corp., arguing that the government's "broad" reading of the relevant statute infringes on constitutional rights.

  • November 14, 2024

    'Undead' NFT Maker Cites Discord Messages In New Trial Bid

    The developer of the "Undead" series of non-fungible tokens who was convicted of conspiracy to commit money laundering and wire fraud urged a Florida federal court to grant him a new trial, saying that messages from the Discord social media messaging platform undermine allegations that he intended to scam investors.

  • November 14, 2024

    Supposed AI Fund's Manager Accused Of Wire, Securities Fraud

    A manager of a hedge fund that purported to use artificial intelligence has been indicted by a New York federal grand jury on charges of wire fraud and securities fraud after allegedly lying to investors and stealing hundreds of thousands of dollars for his own personal use, according to an indictment unsealed Thursday.

  • November 14, 2024

    MDL Counsel Present Deal With FTX Estate To Fla. Court

    Counsel for plaintiffs in the multidistrict litigation over the collapse of cryptocurrency trading platform FTX Trading Ltd. told a Florida federal judge Thursday that they have reached a deal with the FTX estate in bankruptcy.

  • November 14, 2024

    Judge Floats Musk Hypo As AT&T Exec Seeks Acquittal

    An Illinois federal judge posed a hypothetical to federal prosecutors Thursday asking whether it would be a bribery violation if Elon Musk donated heavily to support a presidential candidate who would likely reward him if he wins, as he weighs a former AT&T executive's attempt to avoid a retrial on charges he bribed ex-Illinois House Speaker Michael Madigan.

  • November 14, 2024

    Man Found Guilty Of Scamming NBA Players Seeks New Trial

    A Georgia businessman and recidivist fraudster is seeking a retrial after being convicted of swindling former NBA players Dwight Howard and Chandler Parsons out of a combined $8 million, in a scheme under which the pro basketball players believed their money was going toward legitimate investments.

  • November 14, 2024

    Takeda Rips Cert. Order's 'Whale Of Assumption' At 9th Circ.

    Takeda Pharmaceutical urged the Ninth Circuit on Thursday to reverse a ruling certifying a class of third-party payors who allege Takeda and Eli Lilly & Co. hid their anti-diabetes drug's bladder-cancer risks, arguing the lower court erroneously made a "whale of an assumption" that 56.7% of prescriptions wouldn't have been written with disclosures.

  • November 14, 2024

    Trump Names Solicitor General, SDNY Picks

    President-elect Donald Trump announced on Thursday he is tapping for solicitor general the lawyer who represented him before the U.S. Supreme Court and will name his former chair of the U.S. Securities and Exchange Commission to be U.S. attorney for the Southern District of New York.

  • November 14, 2024

    Trump Taps His Criminal Defense Lawyer For Deputy AG

    President-elect Donald Trump on Thursday picked his personal defense attorney Todd Blanche to serve as second-in-command at the U.S. Department of Justice as deputy attorney general.

  • November 14, 2024

    DOJ Deputy Says Biden Stance Led To Fewer Harmful Mergers

    The deputy head of the U.S. Department of Justice's Antitrust Division offered a full-throated defense Thursday of the Biden administration's aggressive competition enforcement record, arguing, with a Republican takeover imminent, that "more demanding standards" for transaction remedies prompted real change by merging companies seeking to avoid a merger challenge.

  • November 14, 2024

    Federal Drug Ban Moots Psilocybin Access Suit, Ore. Says

    Oregon's health regulator has told a federal judge in the state that a suit brought under a federal anti-discrimination law seeking to broaden access for homebound patients to the state's regulated psilocybin program should be dismissed because the drug is federally illegal.

  • November 14, 2024

    Gaetz's Slim Legal Resume Raises Concerns Over AG Role

    Having never served as a prosecutor and with minimal experience practicing law, Matt Gaetz would have the thinnest legal resume of any attorney general in recent history and would face a steep learning curve, including daunting leadership challenges, if he were to take up the reins of the U.S. Department of Justice, experts say.

  • November 14, 2024

    Fake Bear, Real Fraud: Calif. Arrests 4 In Insurance Scheme

    Four Los Angeles area residents were charged with insurance fraud and conspiracy after claiming that over $141,000 in damages to luxury autos were caused by a bear, though videos submitted to their insurers showed a person in a bear costume wreaking havoc, a California Department of Insurance spokesperson said.

  • November 14, 2024

    Judiciary Chair Calls For Release Of Gaetz Ethics Report

    A day after President-elect Donald Trump announced former Florida congressman Matt Gaetz as his pick for attorney general, questions linger on whether the potentially damaging House Ethics Committee report on his alleged sexual misconduct will see the light of day now that he resigned.

  • November 14, 2024

    Ex-US Atty Hops To Foley Hoag In Boston From Verrill Dana

    Foley Hoag LLP has expanded its white collar group with the addition of former U.S. attorney David Lazarus, who got "bit by the prosecution bug" when he found himself in the back of an unmarked observation van during a law school internship.

  • November 14, 2024

    ADM Compliance Head To Depart Amid Co. Accounting Woes

    Archer-Daniels-Midland's head of compliance will leave the food and animal nutrition company, a spokesperson has confirmed, in a year that has seen the company grappling with regulatory probes into its accounting practices and related investor litigation.

  • November 14, 2024

    Duo Charged With Hacking Tax Firms In Refund Fraud Scheme

    Boston federal prosecutors have unsealed charges against two men who allegedly used information hacked and stolen from Massachusetts tax preparation firms to pocket more than $1.3 million from fraudulent tax returns.

  • November 14, 2024

    NY Contractor Cops To Aiding Theft In Commercial Bribe Case

    A New York contractor pled guilty on Thursday in the Manhattan district attorney's commercial bribery case alleging dozens of construction industry defendants conspired to steal from developers in a sprawling kickback scheme involving $100 million in contracts.

  • November 14, 2024

    European Police Detain 43 Suspects In €520M VAT Fraud

    European police detained 43 suspects linked to a value-added tax fraud scam valued at €520 million ($550 million) in a cross-border operation against organized crime, law enforcement agencies said Thursday.

  • November 13, 2024

    Chinese Hackers Stole Call Data From Telecom Cos., Feds Say

    The FBI and the Cybersecurity and Infrastructure Security Agency announced Wednesday that they have identified individuals associated with the Chinese government who have hacked into the networks of multiple telecommunications companies in search of private communications of people involved in government and political activity.

  • November 13, 2024

    Ex-Oil Products Co. VP Admits To Stealing Trade Secrets

    A former executive at a New Jersey-based producer of oil products and proprietary flavors admitted possessing and conspiring to possess stolen trade secrets, the U.S. attorney for New Jersey announced Wednesday.

  • November 13, 2024

    Judge Cites 'Deterrence' In Attys' Tax Scheme Prison Sentence

    Two St. Louis tax attorneys and a North Carolina insurance agent's pleas for leniency were largely ignored Wednesday by a federal judge sentencing them for their role in a multimillion-dollar tax avoidance scheme, with the judge declaring that the need for public deterrence was too great to let them off the hook without prison time.

  • November 13, 2024

    Feds Seek FTX Assets Used For Alleged China Bribes

    U.S. prosecutors have asked a New York federal judge to help secure millions of dollars worth of digital assets held at cryptocurrency exchange Binance, alleging the tokens are tied to what they described as bribes that former FTX CEO Sam Bankman-Fried paid to Chinese law enforcement officials.

  • November 13, 2024

    DOJ Doc Pushes For Strong Antitrust Compliance Programs

    Companies hoping antitrust compliance programs will mitigate or even eliminate U.S. Department of Justice criminal prosecution for bid-rigging, price-fixing and market allocation schemes need strong monitoring, remediation, oversight and responsibility, according to new guidance released Tuesday.

  • November 13, 2024

    CIA Official Charged Over Doc Leak Of Israel Attack Plans

    A CIA official has been arrested in Cambodia on Monday after being charged in Virginia federal court with leaking top secret government documents related to Israel's military attack plans against Iran, according to court documents and reports. 

Expert Analysis

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • An Update On Legal Issues In The Drone Market

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    Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.

  • Next Steps For FCA Defendants After Fla. Qui Tam Ruling

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    Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.

  • Smith's New Trump Indictment Is Case Study In Superseding

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    Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.

  • Perspectives

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • To Report Or Not To Report Others' Export Control Violations

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    A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.

  • With Esmark Case, SEC Returns Focus To Tender Offer Rules

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    The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.

  • Fla. Ruling May Undermine FCA Whistleblowers' Authority

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    A Florida federal court's decision in Zafirov v. Florida Medical Associates last month will deprive relators of their ability to bring suits under the False Claims Act, limiting their capability to expose and rectify wrongdoings and potentially affecting billions in FCA recoveries, say Matthew Nielsen and Lily Johnson at Bracewell.

  • What's Inside Feds' Latest Bank Merger Review Proposals

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    Recent bank merger proposals from a trio of federal agencies highlight the need for banks looking to grow through acquisition to consider several key issues much earlier in the planning process than has historically been necessary, say attorneys at Simpson Thacher.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • How BIS' Rule Seeks To Encourage More Voluntary Disclosure

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    Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.

  • 11th Circ. Kickback Ruling May Widen Hearsay Exception

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    In a $400 million fraud case, U.S. v. Holland, the Eleventh Circuit recently held that a conspiracy need not have an unlawful object to introduce co-conspirator statements under federal evidence rules, potentially broadening the application of the so-called co-conspirator hearsay exception, say attorneys at ArentFox Schiff.

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