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White Collar
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July 17, 2024
Families Push To Revive Suits Over Harvard Body Part Thefts
Plaintiffs in a dozen lawsuits seeking to hold Harvard University liable after a former medical school morgue manager was charged with stealing and selling body parts have told a Massachusetts Appeals Court that a lower court judge got it wrong when he found that the school has legal immunity.
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July 17, 2024
Feds Ask To Quash OneTaste Exec's Netflix, Vice Subpoenas
Prosecutors on Wednesday asked a Brooklyn federal judge to nullify what they called overbroad subpoenas filed by an executive of the sexual wellness company OneTaste seeking information from major media companies including Vice and Netflix in connection with a forced-labor case.
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July 17, 2024
ArentFox Schiff Lands IP Atty From Morgan Lewis In SF
ArentFox Schiff LLP has added a former Morgan Lewis & Bockius LLP associate in the firm's office in San Francisco, strengthening its intellectual property practice with a former prosecutor and litigator who helped a client win a $268 million award.
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July 17, 2024
Ex-Goldman Sachs Analyst Gets Over 2 Years For Insider Tips
A Manhattan federal judge hit a former Goldman Sachs analyst with a 28-month prison sentence Wednesday for tipping his stepbrother and a friend to market-moving information, saying the Long Island native wanted to be "the big man" among his peers.
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July 17, 2024
Ex-NBA Player Caught In Betting Scheme Can't Play Overseas
A former NBA player who pled guilty to intentionally pulling out of games to ensure gambling wins for co-conspirators can't move to Greece to play professional basketball, a Brooklyn federal judge said.
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July 16, 2024
Feds Say Ex-CIA Analyst Secretly Worked For Korea
Federal prosecutors have accused a former Central Intelligence Agency analyst and prominent foreign policy expert of advocating for South Korea's policy positions and working with its spies in exchange for luxury goods, "high-priced dinners" and other gifts, according to an indictment unsealed Tuesday in New York federal court.
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July 16, 2024
Smirnov Wants David Weiss DQ'd After Trump Docs Ruling
Former FBI informant Alexander Smirnov said Monday that a Florida federal judge's order disqualifying the special prosecutor in the Donald Trump classified documents case means special counsel David Weiss should also be disqualified from Smirnov's case, according to a motion filed in California federal court.
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July 16, 2024
3 Reasons Why 2nd Menendez Bribery Case Was The Charm
Nearly seven years after the government's first bribery case against longtime U.S. Sen. Robert Menendez collapsed in a hung jury, prosecutors avenged that loss Tuesday by sealing a conviction on a new round of corruption charges.
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July 16, 2024
Trump Special Prosecutor Ruling Could Find Favor On Appeal
When U.S. District Judge Aileen Cannon dismissed the criminal case against former President Donald Trump in Florida over what she said was an unconstitutional appointment of a special prosecutor, she staked out a position that few other jurists have taken, but that could find support among some appellate judges, experts said.
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July 16, 2024
Green Dot Brass Hid Declining Biz And Fed Action, Suit Says
The top brass at prepaid debit card company Green Dot Corp. has been hit with a derivative shareholder suit, alleging they concealed the company's faltering core business and a proposed consent order from the Federal Reserve Board over internal controls while board members sold millions of dollars worth of shares at inflated prices.
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July 16, 2024
6th Circ. Says Credit Union Can't Sue T-Mobile Over Cell Scam
The Sixth Circuit on Tuesday ruled that a lower court was correct in tossing a lawsuit in which Michigan First Credit Union sued T-Mobile to recover the reimbursement fees the credit union paid to customers after they suffered unauthorized electronic transfers of money from their accounts due to cellphone scams.
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July 16, 2024
Ill. Judge Wants Expert Testimony Preview In Madigan Trial
An Illinois federal judge said Tuesday that he needs to hear more about potential testimony from certain Chicago politics experts and a proposal to research potential jurors before he decides whether either are appropriate for former state House speaker Michael Madigan's corruption trial.
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July 16, 2024
Judge's Emails To Prosecutor Unethical But Didn't Taint Trial
A judge should have recused herself after emailing the elected prosecutor during trial to complain that an officer "didn't do a very good investigation," but the ethical lapse didn't warrant a new trial, the Michigan Supreme Court ruled Tuesday.
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July 16, 2024
Influencer's Forest Pics Not 'Work Activity,' 10th Circ. Rules
A Tenth Circuit panel on Tuesday reversed a social media influencer's conviction for unauthorized work on National Forest Service property after he posted Instagram photos of himself snowmobiling on closed NFS land, finding that the influencer didn't have fair warning that what he was doing might be considered a federal crime.
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July 16, 2024
Tycoon's Pilot Says Feds' Stock Tip Claims Don't Add Up
A private pilot who used to work for convicted insider trader and U.K. billionaire Joe Lewis is arguing federal prosecutors can't use allegations that his own trades were suspicious to ramp up a sentence for a separate tax evasion charge.
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July 16, 2024
Ex-Goldman Banker Denies Bribe Charges After Extradition
A former Goldman Sachs banker pled not guilty Tuesday before a Brooklyn federal magistrate judge to charges that he bribed Ghanaian officials, after losing an extradition battle in British courts.
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July 16, 2024
Ex-Mozambique Official Accused Of $2B Fraud As Trial Opens
Federal prosecutors told a Manhattan jury Tuesday that Mozambique's former finance minister took $7 million in bribes in a "corrupt" plot to enrich himself and defraud investors after $2 billion in state-backed development projects flopped.
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July 16, 2024
Connecticut Contractor Fined $1.75M For Tax Evasion
A Connecticut contractor was ordered to pay a $1.75 million fine for evading federal corporate and individual income taxes from 2006 through 2010, the U.S. Department of Justice announced Tuesday.
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July 16, 2024
Feds Oppose Acquittal For Embattled NC Insurance Mogul
Federal prosecutors opposed bids by insurance mogul Greg Lindberg and his former political consultant John Gray to undo their guilty verdicts on bribery charges, saying sufficient evidence was presented at trial showing the pair tried to bribe North Carolina Insurance Commissioner Mike Causey to get rid of a regulator overseeing Lindberg's companies.
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July 16, 2024
Cannabis Patients And DOJ Offer Dueling Reads On Rahimi
A group of Floridians and the U.S. Department of Justice have advanced dueling interpretations of whether a recent U.S. Supreme Court ruling on gun laws justifies stripping medical cannabis patients of their right to bear arms.
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July 16, 2024
Florida's 'Mother Teresa' Pleads Guilty To $190M Ponzi Scheme
Johanna Garcia, the former MJ Capital CEO known as "Mother Teresa" in Florida, pled guilty Tuesday to one count in the indictment accusing her of running a $190 million investment Ponzi scheme through the company.
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July 16, 2024
Platinum Co-Founder Dodges Prison For Bond Fraud Rap
Platinum Partners co-founder Mark Nordlicht on Tuesday was spared prison time for his five-year-old conviction over a purported scheme to defraud bondholders of a Texas oil and gas company, as a New York federal judge doubted that "such a weird case" would have any deterrent value.
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July 16, 2024
Cohen Asks Justices To Hear Claim Trump Put Him In Prison
Donald Trump's former attorney-turned-critic Michael Cohen has asked the U.S. Supreme Court to take another look at his suit claiming the former president had him imprisoned in retaliation for his plans to portray Trump negatively in his book.
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July 16, 2024
Former CFPB Counsel Joins Davis Wright In DC
Davis Wright Tremaine LLP announced that a former senior counsel with the Consumer Financial Protection Bureau joined the firm's financial services group as a Washington, D.C.-based partner.
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July 16, 2024
Feds Say Drug Monitoring Co. Founder Pulled $5M Scam
The founder of a patient monitoring company pitched as an effort to help people recovering from addictions to avoid relapsing during medical treatment duped around 50 investors into putting $5 million into his firm, a now-unsealed criminal indictment alleges in Pennsylvania federal court.
Expert Analysis
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Key Takeaways From High Court's Substitute Expert Decision
The U.S. Supreme Court’s recent Smith v. Arizona decision, holding that the confrontation clause generally bars prosecutors’ use of a substitute expert witness at trial, will have the most impact in narcotics and violent crime cases, but creative defense lawyers may find it useful in white collar cases, too, say Joshua Naftalis and Melissa Kelley at Pallas Partners.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Proposed Customer ID Rule Could Cost Investment Advisers
A rule recently proposed by FinCEN and the U.S. Securities and Exchange Commission to make financial advisers collect more customer information parallels an anti-money laundering and counterterrorism rule proposed this spring, but firms may face new compliance costs when implementing these screening programs, say attorneys at Lowenstein Sandler.
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Perspectives
High Court Ruling Leaves Chance For Civil Forfeiture Reform
Though advocates for civil forfeiture reform did not prevail in Culley v. Marshall last month, concerns voiced by a majority of the U.S. Supreme Court justices potentially leave the door open to consider stricter limits in future cases, say attorneys at Dykema.
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How Cannabis Rescheduling May Affect Current Operators
The U.S. Drug Enforcement Agency's proposal to reschedule marijuana to Schedule III provides relief in the form of federal policy from the stigma and burdens of Schedule I, but commercial cannabis operations will remain unchanged until the federal-state cannabis policy gap is remedied by Congress, say Meital Manzuri and Alexis Lazzeri at Manzuri Law.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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In Biz Account Breaches, Look Beyond The Payment Platform
A business's legal path to recovering funds after bad actors access a payment platform account and engage in unauthorized transactions can lead into murky legal territory where liability is unclear, and pursuing the payment platform itself will be an uphill, if not insurmountable, struggle, say Edward Marshall and Morgan Harrison at Arnall Golden.
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Justices' 'Blind Mule' Ruling Won't Change Defense Strategy
The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares
In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.