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White Collar
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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.
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February 21, 2025
9th Circ. Won't Revive Atty's Fraud Case Against Ex-Girlfriend
The Ninth Circuit on Friday said it would be futile to resuscitate a California attorney's pro se case accusing a former girlfriend of fraud and extortion after she asked him to take down a website he created to shame her, siding with a trial judge who determined a damages claim was based on conclusions not backed up by facts.
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February 21, 2025
First Horizon Says Ex-CEO Is Dropping Claims To Avoid Loss
First Horizon Bank told a Florida federal judge that a former bank CEO cannot drop claims against individual bank directors to shield himself from an inevitable adverse judgment in the suit, which accused the bank and its directors of setting up the CEO as a scapegoat in the legal fallout of attorney Scott Rothstein's $1.2 billion Ponzi scheme.
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February 21, 2025
Death Row Case Offers Window Into Prosecutors' Gender Bias
As she stood trial for orchestrating her estranged husband's 2001 murder, Brenda Andrew faced an uphill battle convincing an Oklahoma jury of her innocence. The evidence was stacked against her, but perhaps the most powerful weapon in the prosecutors' arsenal wasn't the evidence itself — it was their ability to portray her as a deviant, unfaithful woman who deserved to be executed.
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February 21, 2025
Justices Leave Fired Special Counsel In Office For Now
The U.S. Supreme Court on Friday declined to weigh in on the validity of a temporary court order reinstating a fired federal employment watchdog who claims President Donald Trump lacks the authority to remove him from office without cause, punting on the administration's first attempt to wipe out protections for top officials at independent agencies.
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February 21, 2025
FanDuel Demands Arbitration For Ex-Jaguars Employee Suit
The former NFL team administrator now imprisoned for embezzlement is bound by an arbitration clause in his FanDuel contract, the betting platform argued Friday in its motion to send a $250 million New York federal lawsuit to arbitration.
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February 21, 2025
Swizz Beatz Says Suit Over 1MDB Funds Is Time-Barred
Hip-hop artist Swizz Beatz has told a Manhattan federal judge that a suit claiming he received millions of dollars that were stolen in the 1Malaysia Development Berhad fraud scandal should be tossed since it was brought after the six-year statute of limitations.
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February 21, 2025
Lobbyist Admits To Evading $1.3M Tax By Blocking Home Sale
A lobbyist admitted to trying to thwart IRS efforts to collect about $1.3 million in taxes he owed by preventing a real estate agent from widely listing his home and by transferring assets to a family member, according to Florida federal court documents.
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February 21, 2025
Billionaire's Tax Privacy Suit Against Booz Allen Proceeds
A billionaire's lawsuit against government contractor Booz Allen Hamilton blaming it for the theft of his tax returns in an unprecedented breach by a Booz Allen employee working at the IRS can move forward, a Maryland federal court ruled Friday, rejecting a bid to toss the case.
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February 21, 2025
Off The Bench: White House Hosts PGA Tour-LIV Golf Summit
In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.
Expert Analysis
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Rethinking Clawback Policies For 2025 Compensation Season
The start of a new year presents an opportunity for companies to reassess their executive compensation clawback policies, and while mandatory Dodd-Frank clawbacks are necessary, discretionary policies can offer companies greater flexibility to address misconduct, protect their reputations and align with shareholder priorities, say attorneys at Debevoise.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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SEC Prioritized Enforcement Sweeps As Cases Slowed In '24
Following three consecutive years of increasing activity, fiscal year 2024 marked the lowest number of cases the U.S. Securities and Exchange Commission has brought since Gary Gensler assumed office in April 2021, buttressed by some familiar enforcement sweeps, say attorneys at Covington.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.
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Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships
The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.
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5 Ways SEC's Crypto Approach Could Change Under Trump
Given the Trump campaign's procrypto stance, the U.S. Securities and Exchange Commission could take a number of different approaches to crypto policy in the next administration, including pausing registration-only enforcement actions and proposing tailored rules that take into account the differences between crypto-assets and traditional securities, say attorneys at WilmerHale.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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With Precautions, AI Can Help With Suspicious Activity Filings
While artificial intelligence can enhance suspicious activity report processes, financial services firms should review applicable expectations and areas of deficiencies that can lead to enforcement actions before using AI to help write SARs, say attorneys at Jenner.
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Opinion
Justices Should Squash Bid To Criminalize Contract Breaches
In Kousisis v. U.S., the U.S. Supreme Court should reject the sweeping legal theory that breaches of contract can satisfy the property element of the mail and wire fraud statutes, which, if validated, would criminalize an array of ordinary conduct and violate basic constitutional principles, say attorneys at The Norton Law Firm.
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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.