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White Collar
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July 15, 2024
Trump Running Mate Is Foe Of DOJ 'Political Prosecutions'
Donald Trump announced Monday that his running mate will be Ohio Sen. J.D. Vance, who over the last year has gone after the U.S. Department of Justice and Attorney General Merrick Garland for what he deems are political prosecutions of the former president.
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July 15, 2024
McElroy Deutsch Fights 'Malicious' Claim In Exec Fraud Case
McElroy Deutsch Mulvaney & Carpenter LLP and its former business development director, who is accused of stealing millions from the firm partially via fraudulent credit card use, are at odds over whether the firm's ex-employee should be allowed to bring a malicious prosecution counterclaim in New Jersey state court.
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July 15, 2024
Catching Up With Delaware's Chancery Court
Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.
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July 15, 2024
Feds In EBay Stalking Case Seek Leniency For Sick Defendant
The final defendant in a criminal harassment and stalking campaign by eBay employees against two Massachusetts journalists over their coverage of the auction site should be spared from prison only because of his inoperable cancer diagnosis, federal prosecutors said.
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July 15, 2024
Rejecting Euthanasia For Pet Not Cruelty, Mass. Justices Say
Massachusetts' top court ruled Monday that a pet owner's decision to bring her ailing 14-year-old cocker spaniel home to die rather than have it euthanized as recommended by a veterinarian didn't qualify as animal cruelty, affirming lower court decisions dismissing the case.
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July 15, 2024
Veteran Employment Litigator Jumps From Kasowitz To Akin
A veteran employment litigator has joined Akin Gump Strauss Hauer & Feld LLP in New York after nearly 16 years at Kasowitz Benson Torres LLP.
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July 15, 2024
Trump Classified Docs Case Canned Over Special Counsel Law
A Florida federal judge on Monday tossed the criminal case against former President Donald Trump over his allegedly illegal retention of classified documents at his Mar-a-Lago estate, ruling that the appointment of a special prosecutor for the case is unconstitutional.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Feds Say Former Hospital CFO, 2 Others Embezzled $15M
The former chief financial officer of a Chicago hospital, the hospital's chief transformation officer and a medical supply company owner conspired to embezzle more than $15 million from the hospital, according to a superseding indictment handed down by an Illinois federal grand jury on Thursday.
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July 12, 2024
Mississippi Judge Benches Favre's NY Atty In Fraud Suit
A Mississippi judge found Thursday that retired quarterback Brett Favre's New York-based defense attorney in a massive welfare fraud lawsuit routinely violated the state's civil procedure codes and barred him and other non-local counsel from making any more filings.
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July 12, 2024
10th Circ. Tosses Prof's Conviction In 'China Initiative' Case
A split Tenth Circuit panel has reversed the conviction of a former University of Kansas professor accused of hiding the fact that he was pursuing a job in China, ruling that prosecutors hadn't offered enough evidence to prove that his omission was material to any federal agency funding decision.
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July 12, 2024
FirstEnergy Denied 6th Circ. Appeal In Doc Dispute
Scandal-plagued utility company FirstEnergy Corp. lost another attempt to shield internal investigation documents from a class of investors as well as its former CEO on Friday when an Ohio federal judge denied the company's request to appeal the dispute to the Sixth Circuit on a "logically fallacious" premise.
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July 12, 2024
Texas Assistant DA Blew Whistle A Day Late, Panel Finds
A Texas appeals court tossed a suit filed by a former assistant district attorney who says he was fired for blowing the whistle on alleged kickbacks and other illegal acts by his colleagues, finding in a Friday opinion that the whistleblower filed his complaint one day past the deadline.
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July 12, 2024
Cuomo Beats Retaliation Claims In NY Trooper's Suit
Former New York Gov. Andrew Cuomo defeated retaliation claims in a state trooper's lawsuit alleging she was sexually harassed while serving in Cuomo's security detail, after a federal judge said that no employment relationship existed because Cuomo resigned months before his purported threat to seek prosecution of his alleged victims.
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July 12, 2024
Reservist Found Guilty Of Taking Bribes For Visa Letters
A U.S. Navy Reserve officer was found guilty in New Hampshire federal court on Friday of accepting bribes from Afghan nationals seeking recommendations for special immigrant visas, green cards reserved for individuals who assist the U.S. military.
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July 12, 2024
Off The Bench: NCAA Loses, Favre Wobbles, NFL Fights Back
In this week's Off The Bench, the Third Circuit enlivens the debate over whether college athletes can be considered employees, the Fifth Circuit is skeptical of Brett Favre's defamation suit and the NFL disputes claims of racism.
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July 12, 2024
Menendez Bribery Case Goes To Jury
A Manhattan jury began deliberating Friday over bribery and other charges against Sen. Robert Menendez and two New Jersey businessmen after hearing hours of instructions in the 18-count case and eating their final lunch with five alternates.
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July 12, 2024
Guo Trial Juror Booted For Googling Fugitive Co-Defendant
The jury in Chinese dissident Miles Guo's $1 billion fraud and racketeering case was forced to restart its verdict deliberations on Friday after a juror was cut loose for Google-searching Guo's fugitive financial adviser and co-defendant William Je.
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July 12, 2024
Giuliani's Ch. 11 Tossed Over Lack Of Financial Candor
Rudolph W. Giuliani, former mayor of New York City and legal adviser to Donald Trump, had his Chapter 11 case dismissed Friday by a New York bankruptcy judge, who found that Giuliani's missing financial disclosure made ending the proceedings the best option for creditors.
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July 12, 2024
Ex-Slync CEO Gets 20 Years After Wire Fraud Conviction
The founder of shuttered supply chain management software company Slync has received a 20-year prison sentence involving a pair of partially concurrent sentences after a Texas jury in January handed down convictions on wire fraud and other claims over prosecutors' allegations that he drained $25 million out of his company's bank accounts.
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July 12, 2024
Ga. Jury Convicts Men For Ready-Mix Concrete Conspiracy
A Georgia federal jury convicted two men for their roles in a years-long scheme to fix prices and rig bids for tens of millions of dollars of ready-mix concrete in the greater Savannah area.
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July 12, 2024
Feds Say Fake Gunshot Wounds Part Of $1M Fraud Scheme
Five Massachusetts residents and one New Yorker defrauded insurance companies out of more than $1 million by submitting reimbursement claims for bogus overseas medical expenses, including gunshot wounds, stabbings and car accidents, federal prosecutors announced on Friday.
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July 12, 2024
Package Plea Deals Need More Scrutiny, Mich. Justices Say
The Michigan Supreme Court said Friday that package plea bargains deserve more analysis due to the potential for co-defendants to pressure each other into taking a deal, with two justices sharply dissenting and cautioning the decision would increase trial court workloads and discourage prosecutors from offering deals.
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July 12, 2024
Midyear Report: Taking Stock Of Sports Betting Enforcement
The first six months of 2024 saw no shortage of action in the enforcement of sports betting rules, highlighted by a bombshell fraud case ensnaring baseball's biggest star and a messy betting scandal that saw a fringe NBA rotation player banned from the game for life.
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July 12, 2024
Feds Seek 2 Years For Mass. Atty In Campaign Finance Scam
Boston federal prosecutors want a former BigLaw attorney to serve two years in prison for his conviction for a raft of campaign finance violations tied to his 2018 run for an open congressional seat in Massachusetts.
Expert Analysis
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FEPA Cases Are Natural Fit For DOJ's Fraud Section
The U.S. Department of Justice’s recent announcement that its Fraud Section would have exclusive jurisdiction over the Foreign Extortion Prevention Act — a new law that criminalizes “demand side” foreign bribery — makes sense, given its experience navigating the political and diplomatic sensitivities of related statutes, say James Koukios and Rachel Davidson Raycraft at MoFo.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors
Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Crypto Mixer Laundering Case Provides Evidentiary Road Map
A Washington, D.C., federal court’s recent decision to allow expert testimony on blockchain analysis software in a bitcoin mixer money laundering case — which ultimately ended in conviction — establishes a precedent for the admissibility of similar software-derived evidence, say Peter Hardy and Kelly Lenahan-Pfahlert at Ballard Spahr.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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5 Lessons From Ex-Vitol Trader's FCPA Conviction
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.
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Mitigating Incarceration's Impacts On Foreign Nationals
Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Del. Dispatch: Chancery's Evolving Approach To Caremark
Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.
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Global Bribery Probes Are Complicating FCPA Compliance
The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.