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White Collar
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December 10, 2024
Ex-Judge Accused Of 'Abusive Relationship' With Prosecutor
A federal prosecutor in Alaska has accused former U.S. District Judge Joshua Kindred of coercing her into a sexually charged "abusive relationship" in the midst of a criminal trial that took place earlier this year, according to unsealed documents that shed new light on misconduct allegations against the jurist.
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December 10, 2024
Ex-Denver Juvenile Judge Censured For Drinking On The Job
Colorado justices have censured a former state judge on Denver's juvenile court after he fired an employee who reported him for drinking while he was supposed to be working.
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December 10, 2024
NY AG Refuses To Drop $489M Fraud Case Against Trump
The office of New York Attorney General Letitia James has announced it won't drop its civil financial fraud case against President-elect Donald Trump, two of his sons, his companies and their executives, saying his upcoming inauguration has no bearing on litigating his appeal of the $489 million judgment.
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December 10, 2024
Ex-Conn. Utility Execs Win Pretrial Diversion Bid In 2nd Case
A Connecticut federal judge has approved pretrial diversion agreements between federal prosecutors and two former public utility executives, pausing a second prosecution as the duo prepare to serve prison sentences in a case alleging they misused public funds.
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December 10, 2024
Advent Says Chancery Rulings End Funeral Co. Suit
Private equity firm Advent International told a Boston federal judge that a heated fraud lawsuit tied to its sale of a Mexican funeral business must be dismissed due to rulings from a Delaware judge upholding agreements it entered with the buyer limiting claims related to the transaction.
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December 10, 2024
Soft Landing For Pilot As Billionaire's Insider Case Wraps
A pilot who admitted to dodging taxes on $500,000 in income after he was accused of taking stock tips from Joe Lewis, his billionaire boss, avoided prison on Tuesday at a sentencing that closed a high-profile insider trading prosecution.
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December 09, 2024
Pro Se Giuliani Says 4 Attys Turned Him Down, Blames Judge
Rudy Giuliani on Monday secured extra time to fight Georgia poll workers' request that he be held in civil contempt, time Giuliani argued he needed because he's struggling to find an attorney to represent him in the case thanks to a D.C. federal judge being "biased about Trump-related matters."
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December 09, 2024
High Court Again Weighs Reach Of Federal Fraud Statutes
The U.S. Supreme Court on Monday grappled with the question of whether using deceptive means to induce a business transaction with no contemplation of causing economic loss constitutes mail or wire fraud, the latest challenge in a line of cases that seeks to narrow the reach of federal fraud statutes.
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December 09, 2024
Morgan Stanley Pays SEC $15M Over Theft By Ex-Reps
The U.S. Securities and Exchange Commission announced a $15 million penalty against a Morgan Stanley subsidiary Monday, saying the company failed to put in place procedures that may have earlier caught four former employees who spent years stealing from clients.
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December 09, 2024
Petrobras Calls On Justices To Review Samsung RICO Suit
The American subsidiary of Brazil's state-owned oil company called on the U.S. Supreme Court to unravel the Fifth Circuit's decision blocking its racketeering claim against Samsung Heavy Industries over an alleged $1.6 billion bribery scheme involving drillship contracts.
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December 09, 2024
Feds Says Colo. Man's Investing Scheme Fleeced Pro Athletes
The U.S. Securities and Exchange Commission on Monday filed a civil lawsuit accusing a Colorado man of swindling investors, including unidentified professional athletes, out of more than a million dollars.
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December 09, 2024
Cops Can Search Car Over Raw Cannabis Odor, Ill. Justices Say
Illinois police can establish probable cause to search a vehicle based on the smell of raw cannabis alone, the state's highest court has ruled, saying that despite cannabis's legal status in the state, motorists face "stringent" rules when it comes to transporting it in cars.
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December 09, 2024
MIT Grads Say $25M Crypto Fraud Charges Not Rooted In Law
The two Massachusetts Institute of Technology-educated brothers accused of a $25 million crypto heist have told a New York federal judge that the indictment against them is "far removed from the heartland of wire fraud" since their novel trades can't be considered misrepresentations and that they had no notice their activity would be considered unlawful.
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December 09, 2024
RealPage Says DOJ's Ended Multifamily Rental Criminal Probe
RealPage said the U.S. Department of Justice had ended a criminal probe into the multifamily rental housing industry's pricing practices, adding that the algorithmic pricing company was never identified as an investigation target.
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December 09, 2024
What's Next After Boeing 737 Max Deal Snags On DEI Clause
A Texas federal judge's recent rejection of Boeing's plea agreement with the U.S. Department of Justice underscores the increasing vulnerability of corporate and government diversity, equity and inclusion policies, experts say, spelling fresh complications for the embattled American aerospace titan and the legal saga over its 737 Max jets.
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December 09, 2024
'Broke, Half-Blind, Incontinent' Girardi Tries To Avoid Prison
As prosecutors seek a 14-year prison sentence for Tom Girardi, a disbarred lawyer convicted of embezzling millions of dollars from his clients, his defense team has urged a Los Angeles federal judge to spare Girardi from prison because the once-successful lawyer "no longer exists."
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December 09, 2024
Avenatti Can't Push Resentencing To June In Client Theft Case
A California federal judge plans to resentence Michael Avenatti within the next few months rather than June as Avenatti requested, following the Ninth Circuit's decision vacating Avenatti's original 14-year prison term for client theft, remarking Monday he didn't think a hearing was necessary to reevaluate loss calculations and attorney fees.
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December 09, 2024
Chicago Pol's Lies Enough To Keep Conviction, Feds Say
The government urged the U.S. Supreme Court not to disturb a former Chicago alderman's conviction for lying about money he'd borrowed from a since-shuttered bank, arguing his knowing understatements were enough to illegally mislead federal investigators.
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December 09, 2024
Pressure Growing For Biden To Pardon Native Activist
As President Joe Biden nears the end of his term, calls to pardon a Native American activist serving a life sentence in the 1975 slayings of two FBI agents are again ramping up, with the chair of the Senate Committee on Indian Affairs asking Biden to "right a historic wrong."
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December 09, 2024
Ill. Congresswoman Denies Undue Influence From Madigan
U.S. Rep. Nikki Budzinski was called to the witness stand Monday in the racketeering trial of former Illinois House Speaker Michael Madigan, where she testified that while she received multiple job recommendations from Madigan as a former senior aide to Illinois Gov. J.B. Pritzker, those candidates were only hired if they were qualified.
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December 09, 2024
Diddy Drama Pits Jay-Z, Quinn Emanuel Against Texas PI Firm
Shawn "Jay-Z" Carter on Monday denied raping a 13-year-old alongside indicted hip-hop mogul Sean "Diddy" Combs and identified himself as the purported victim of extortion by Texas personal injury attorney Tony Buzbee, days after Buzbee sued Jay-Z's law firm, Quinn Emanuel Urquhart & Sullivan LLP, for harassment in the escalating fight.
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December 09, 2024
Thomas, Alito, Gorsuch Crack Door For 2nd Amendment Fight
Three U.S. Supreme Court justices on Monday signaled their willingness to delve into an appeal from a Hawaii man who argues that he is being unconstitutionally prosecuted for owning a handgun without a license, though they agreed with the rest of the court that they don't currently have jurisdiction to hear it.
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December 09, 2024
Former Law School IT Director Admits To Thefts
A former IT director for New England School of Law in Boston pled guilty Monday to using the school's Amazon account to purchase more than $80,000 worth of musical equipment and Apple products, state prosecutors announced.
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December 09, 2024
Feds Seek 2-Year Sentence In Landmark Crypto Tax Case
The first person ever criminally charged for failing to report gains from the sale of cryptocurrency by filing false returns should be sentenced to more than two years in prison after he admitted underreporting $4 million in bitcoin proceeds, prosecutors told a Texas federal court.
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December 09, 2024
Nadine Menendez Trial Date Set After Jan. 6 Delay Bid Nixed
The trial of Nadine Menendez on corruption charges is set to start in January, a Manhattan federal judge said Monday, after hearing that a potential defense scheduling conflict over a U.S. Capitol insurrection-related case will likely "evaporate" when Donald Trump takes office.
Expert Analysis
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Unpacking State AG Approaches To Digital Asset Enforcement
Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.
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3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea
Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
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.
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An Update On Legal Issues In The Drone Market
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.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
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.
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Smith's New Trump Indictment Is Case Study In Superseding
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.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
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.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
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.
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What To Make Of Dueling Corporate Transparency Act Rulings
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.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
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.
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To Report Or Not To Report Others' Export Control Violations
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.
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With Esmark Case, SEC Returns Focus To Tender Offer Rules
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.
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Fla. Ruling May Undermine FCA Whistleblowers' Authority
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.