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White Collar
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February 24, 2025
Connecticut High Court Pick Wary Of Judicial Activism
The chief judge of the Connecticut Appellate Court drew bright lines between the judicial and legislative branches Monday as lawmakers considered his nomination to the state Supreme Court, telling the General Assembly's Joint Judiciary Committee that he has "never been elected to anything" and does not intend to make law from the bench.
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February 24, 2025
Trump Media Co. Wants TRO Against Brazilian Justice
President Donald Trump's media company and online video sharing platform Rumble Inc. have asked a Florida federal court for a temporary restraining order blocking a Brazilian Supreme Federal Court justice's gag orders, arguing they illegally suppress political speech in the United States.
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February 24, 2025
'Fraternal Duty' No Grounds For Conspiracy, 11th Circ. Told
A Georgia man found guilty last year of participating in a bid-rigging and price-fixing scheme for tens of millions of dollars of ready-mix concrete contracts asked the Eleventh Circuit Friday to throw out his conviction, arguing federal prosecutors failed to prove a wide-ranging conspiracy that captured the coastal concrete market.
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February 24, 2025
Investor Settles In $2.1B Danish Tax Fraud Case
A U.S. investor who was among those accused by Denmark's tax agency of participating in a $2.1 billion tax fraud scheme related to fraudulently claiming refunds on tax withheld from stock dividends has reached a settlement, according to New York federal court documents filed Monday.
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February 24, 2025
3rd Circ. Says $31M Order To Refill Class Funds Isn't Enough
The Third Circuit on Monday vacated and sent back a district court's order for a New Jersey man convicted of stealing $40 million from settlements in stockholder class actions to pay $31 million in restitution, ruling the order didn't fully compensate each victim of the fraud.
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February 24, 2025
Crypto Exchange OKX To Pay $504M For Allowing Illicit Deeds
Cryptocurrency exchange OKX on Monday agreed to pay $504 million in a deal with New York federal prosecutors who said the company ran afoul of U.S. anti-money laundering rules and allowed its platform to be used for more than $5 billion worth of suspicious transactions.
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February 24, 2025
'Varsity Blues' Suit Against USC An 'Uphill Battle,' Judge Says
A Los Angeles judge said Monday that while a private equity investor's fraud suit against USC over his prosecution in the "Varsity Blues" case will likely make it past the pleading stage, he will later face an "uphill battle" given how much time has passed since the high-profile college admissions scandal.
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February 24, 2025
Investors Don't Have 'Shred' Of Fraud Evidence, Exxon Says
Exxon Mobil Corp. has told a Texas federal judge that an investor class doesn't have a "shred of evidence" that the company engaged in the stock inflation scheme the investors allege.
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February 24, 2025
Justices Weigh Potentially Key Standing Issue In DNA Case
The U.S. Supreme Court on Monday aggressively probed whether reinstating a district court ruling finding Texas' postconviction DNA testing procedures unconstitutional would give a man on death row legal standing to seek DNA evidence that could prove he is not eligible for the death penalty.
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February 24, 2025
DA Willis Says 'Makes No Sense' To DQ Her From Trump Case
Fulton County District Attorney Fani T. Willis is arguing to the Georgia Supreme Court that her disqualification from prosecuting the Georgia election interference case against President Donald Trump and others was unprecedented, asserting that her ousting over the appearance of impropriety creates a dangerous precedent.
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February 24, 2025
Cravath Swaine Adds Ex-DOJ Criminal Division Leader In NY
Cravath Swaine & Moore LLP announced Monday that it has hired the former acting assistant attorney general of the U.S. Department of Justice's Criminal Division to advise clients about civil and criminal matters.
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February 24, 2025
Elizabeth Holmes Loses 9th Circ. Appeal Over Theranos Fraud
A Ninth Circuit panel on Monday affirmed the criminal fraud convictions of former Theranos CEO Elizabeth Holmes and former Theranos executive Ramesh "Sunny" Balwani along with their respective 11-year and nearly 13-year prison sentences, rejecting arguments that the lower court made multiple evidentiary errors that unfairly swayed jurors.
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February 24, 2025
Caplin & Drysdale Hires High-Profile Gov't Investigations Atty
Caplin & Drysdale LLP has hired out of retirement the former U.S. Department of Justice counterintelligence chief who investigated Hillary Clinton's use of a private email server for classified information, Russian interference in the 2016 election and other high-profile investigations, the firm announced Wednesday.
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February 22, 2025
NY Judge Extends Block On DOGE's Treasury Access
A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.
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February 21, 2025
Wall Street Groups Back Rescinding Biden Crypto Guidance
Wall Street's top lobbies are backing President Donald Trump's cryptocurrency agenda and have called for the recission of Biden-era federal banking policies and guidance that it says have "hindered" banks' ability to engage in the digital asset industry.
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February 21, 2025
Up Next At High Court: Straight Discrimination & Trial Rights
The U.S. Supreme Court will return to the bench Monday to debate whether majority-group plaintiffs should be held to higher evidentiary standards when bringing workplace discrimination claims and whether prisoners are entitled to jury trials when questions about pre-suit requirements are intertwined with the merits of their claims.
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February 21, 2025
Fla. Biz Owner Gets 4 Years In Prison For Worker Fraud Plot
A Florida federal judge sentenced a construction business owner to four years in prison and ordered him to pay millions of dollars in restitution after pleading guilty to fraud-related charges in connection with an elaborate worker scheme and violating safety standards that led to the death of an employee.
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February 21, 2025
Shkreli Avoids Sanctions Over 'Frustrating' Wu-Tang Tangle
Convicted former pharmaceutical executive Martin Shkreli won't have to pay sanctions after purportedly dragging his feet for nearly six months on complying with court orders to hand over copies of a Wu-Tang Clan album to the crypto project that bought it from him.
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February 21, 2025
New LA DA Doubts Menendez Brothers' Sexual Abuse Defense
Los Angeles County's new district attorney on Friday opposed Erik and Lyle Menendez's bid for a new trial for the 1989 murder of their parents, expressing doubts that the brothers were molested by their father and saying that even if true, such abuse wouldn't form the basis for self-defense.
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February 21, 2025
Judge Trims $40M Green Energy Co. Investor Suit
A Tennessee federal judge won't toss a proposed class action claiming that a Chicago green energy outfit and its executives used false promises of extravagant returns to lure investors, but ruled two defendants can escape some of the suit's claims.
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February 21, 2025
Diddy Atty Says No Way He Can Continue As Defense Counsel
A defense attorney representing Sean "Diddy" Combs' in his criminal sex-trafficking case on Friday asked a Manhattan federal judge to allow him to quit, saying in a carefully worded court filing that "under no circumstances" could he continue to represent the disgraced hip-hop mogul.
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February 21, 2025
Ex-Trump Atty Powell Can't Dodge Michigan Ethics Claims
The Michigan Attorney Discipline Board has denied Sidney Powell's latest attempt to shake misconduct claims over a legal challenge to Michigan's 2020 presidential election results and advancing Donald Trump's election fraud theories, finding that a Texas disciplinary board's decision not to discipline Powell isn't binding on the Michigan proceedings.
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February 21, 2025
6 Things To Know About Shein's Fast Fashion Feuds
Ultra-fast fashion behemoth Shein is facing accusations of infringing intellectual property in dozens of cases from plaintiffs ranging from major fashion brands to individual artists. Here are six things to know about Shein's intellectual property battles.
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February 21, 2025
Luigi Mangione Says His Rights Are Being Violated In NY Case
An attorney for Luigi Mangione, the man accused of murdering UnitedHealthcare CEO Brian Thompson, told a New York state court judge on Friday that his constitutional rights are being violated in the state case as federal prosecutors are "hanging the death penalty over" his head on related charges.
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February 21, 2025
Dems Call For DHS To Stop Tribal Searches, Interrogations
A coalition of Democratic senators is urging Department of Homeland Security Director Kristi Noem to issue guidance to Immigration and Customs Enforcement agents on acceptable forms of tribal identification as proof of U.S. citizenship, arguing that immigration raids have stoked fear and panic for many Indigenous citizens.
Expert Analysis
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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.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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How To Safely Leverage AI In The Digital Assets Industry
Digital asset businesses that use or plan to implement artificial intelligence should assess their risk management frameworks to ensure that AI-related business areas, including customer support and fraud detection, are in compliance with applicable laws and regulatory guidance from the last year, say attorneys at Winston & Strawn.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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What's Next For The CFTC After The Election
While much of the U.S. Commodity Futures Trading Commission's enforcement actions in line with its traditional priorities will continue as usual in the near term, postelection leadership changes at the CFTC and new congressional priorities may alter the commission's regulatory framework in 2025 and beyond — particularly its oversight of crypto, say attorneys at WilmerHale.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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Conservation Easement Cases Weave Web Of Uncertainty
Much of the IRS and Justice Department’s recent success in prosecuting syndicated conservation easement cases can be attributed to the government’s focus on the so-called PropCo ratio, which could indicate treacherous waters ahead for participants and their advisers, even under the incoming Trump administration, say attorneys at Polsinelli.