White Collar

  • June 20, 2024

    Prosecutors Deny Spoiling Evidence In OneTaste Case

    Brooklyn federal prosecutors have denied allegations of misconduct in the forced labor conspiracy case against two executives of sexual wellness company OneTaste, who claim an FBI agent instructed a potential key witness to delete emails.

  • June 20, 2024

    Faegre Drinker Hires New State AGs Practice Co-Leader In NY

    Faegre Drinker Biddle & Reath LLP has tapped a new co-leader for its national state attorneys general practice, who has also joined the firm's litigation group as a partner in its New York City office, the firm announced Tuesday.

  • June 20, 2024

    Tax Preparer With $38M In Refunds Cops To S-Corp. Scam

    The owner of a tax preparation business that secured $38 million in federal refunds for customers pled guilty to helping prepare false returns and admitted he required clients to establish empty corporations to lower their tax bills illegally, according to his plea agreement in a California federal court.

  • June 20, 2024

    Ex-BVI Ports Director Gets 9 Years For Drug Smuggling Plot

    A Florida federal judge on Thursday sentenced the former managing director of the British Virgin Islands Ports Authority to just over 9 years in prison for participating in a scheme involving a former BVI premier to move tons of Colombian cocaine through BVI ports to the United States.

  • June 20, 2024

    5th Circ. Misapplied Precedent In Arrest Case, Justices Say

    The U.S. Supreme Court on Thursday scrapped a Fifth Circuit decision that a woman who claims she was jailed in retaliation for criticizing local government officials couldn't pursue her retaliatory arrest claim, reviving a five-year dispute between the woman and a Texas city.

  • June 20, 2024

    Justices Say Experts Can Testify Broadly On Criminal Intent

    The U.S. Supreme Court found Thursday that a rule barring expert witnesses from testifying about a defendant's alleged criminal intent does not block testimony about the mental state of people in similar situations.

  • June 20, 2024

    Top Court Declines To Limit Malicious Prosecution Cases

    The Supreme Court ruled Thursday that a charge made without probable cause can be grounds for a malicious prosecution civil suit even if another charge with valid probable cause accompanied it.

  • June 18, 2024

    Embattled Colo. DA Defends Handling Of Murder Case

    An elected Colorado prosecutor facing disciplinary charges related to her handling of a high profile murder case testified before a disciplinary panel on Tuesday, insisting in sometimes combative testimony that she never made inappropriate public comments about the case.

  • June 18, 2024

    High Court Petition Asks Justices: What's A 'Willful' Kickback?

    Does a "willful" act under federal anti-kickback law require a defendant to know that the conduct violates the law? That's the question a whistleblower is asking the U.S. Supreme Court to answer in order to resolve what the petition calls a circuit split on a key question of federal fraud prosecutions.

  • June 18, 2024

    Menendez Request On Pet Case Was Unique, Aide Testifies

    When Sen. Robert Menendez allegedly directed an aide to tell a U.S. attorney that an alleged bribe-giver facing prosecution deserved "all due process," it was the only criminal case Menendez ever singled out that way in their years working together, the aide testified Tuesday.

  • June 18, 2024

    The 2 Attys Ensnared In A NJ Mogul's Racketeering Rap

    New Jersey businessman George E. Norcross III may be the alleged mastermind of a racketeering scheme to reap millions in tax credits on waterfront property in a distressed city, but the explosive indictment also reveals the purported roles of two attorneys with close ties to the Democratic Party.

  • June 18, 2024

    Company, States Battle In Court Over At-Home Rape Kits

    A fight is brewing in federal and state courts between a company that purports to be the nation's only purveyor of self-administered sexual assault DNA collection kits and state attorneys general who believe it is misleading sexual assault victims.

  • June 18, 2024

    Cuomo's Ex-Aide Details Sex Harrassment Claims In New Suit

    Former New York Gov. Andrew Cuomo's onetime executive assistant has filed a civil lawsuit in New York state court, accusing Cuomo of "outrageous sex discrimination and retaliation" roughly two years after related misdemeanor charges over the alleged misconduct were dropped.

  • June 18, 2024

    Charges Dropped In NYC Mayor Straw Donor Case

    A New York state judge on Tuesday dismissed charges against a former development consultant and state employee, who was accused of being part of a conspiracy to funnel straw donor funds to New York City Mayor Eric Adams' 2021 campaign, after prosecutors agreed to drop the case.

  • June 18, 2024

    Ayahuasca Church Says DOJ Should Pay $2.2M Legal Fees

    A Phoenix-based church that secured a deal with the U.S. Department of Justice allowing it to legally use ayahuasca for its religious practices is now asking an Arizona federal court to make the government pay $2.2 million, covering the costs of litigating the case and giving its attorneys an "appropriate" bonus.

  • June 18, 2024

    11th Circ. Affirms Warrantless Search Of Probationer's Home

    The Eleventh Circuit on Tuesday affirmed the denial of a woman's bid to suppress evidence obtained by police in a warrantless search of her home, finding that the search was reasonable because her live-in boyfriend's probation conditions authorized warrantless home searches.

  • June 18, 2024

    CFTC Awards $8M To Whistleblower Behind Multiple Actions

    The Commodity Futures Trading Commission has announced it awarded more than $8 million to an insider whistleblower who the agency said provided significant information that led to multiple enforcement actions from multiple agencies.

  • June 18, 2024

    Legalization Foe SAM Seeks Hearing On Pot Rescheduling

    A leading anti-marijuana-legalization advocacy organization on Tuesday formally submitted its request to the Drug Enforcement Administration to hold administrative hearings on the Attorney General's proposal to reschedule cannabis.

  • June 18, 2024

    Gov't Says New Guidelines Can't Cut Crypto Expert's Sentence

    Federal prosecutors have told a Manhattan federal judge that the crypto computing expert who received five years for aiding North Korea's blockchain development shouldn't get to cut a year off his sentence just because sentencing guidelines have been updated while he's served his term.

  • June 18, 2024

    Sterling Bank Ex-CEO Won't Face Charges Over Loan Program

    The founder and former CEO of Sterling Bank and Trust, who has been investigated in connection with a fraud-plagued loan program, will not face criminal charges from the U.S. Department of Justice, according to Michigan federal court documents filed Monday.

  • June 18, 2024

    Archegos Trader Doubles Down On Hwang Accusations

    A former protégé of Archegos founder Bill Hwang told New York federal jurors Tuesday that the hedge fund boss directed manipulative and improper trading, pushing back on insinuations by Hwang's counsel that the trades were above-board.

  • June 18, 2024

    Cozen O'Connor Names Ex-Arkansas AG As State AG Co-Lead

    Philadelphia-based Cozen O'Connor announced on Tuesday the hiring of a former Arkansas attorney general to help lead the firm's state attorneys general group from its office in Little Rock.

  • June 18, 2024

    FTC Escalates Probe Into TikTok's Privacy Measures For Kids

    The Federal Trade Commission on Tuesday took the rare step of publicly disclosing its referral to the U.S. Department of Justice of a complaint against TikTok and its parent company over their compliance with a 2019 privacy settlement, saying there's "reason to believe" that the companies are out of step with their pledge to protect children on the platform.

  • June 18, 2024

    Ga. Judge Won't Recuse Over Closed-Door Chat In YSL Case

    A Georgia state judge on Tuesday denied a motion to disqualify himself from continuing to preside over Atlanta rapper Young Thug's racketeering trial, calling the bid "insufficient" and rejecting the rapper's claim that the judge had "joined the prosecutors' team" by unethically having a closed-door conversation with prosecutors and a witness.

  • June 18, 2024

    Korean Airline Can't Get $50M Catering Award Nixed

    A California judge has enforced a $50 million arbitral award issued to a catering company following a dispute with South Korea's Asiana Airlines, rejecting an argument that the award couldn't be enforced because the underlying contract was tainted by corruption.

Expert Analysis

  • Money, Money, Money: Limiting White Collar Wealth Evidence

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    As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Takeaways From Nat'l Security Division's Historic Declination

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    The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.

  • Deciphering SEC Disgorgement 4 Years After Liu

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    Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • The OIG Report: DOD Review May Cause Contractor Dilemmas

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    Given a recent Office of Inspector General report finding that the U.S. Department of Defense awarded billions of dollars in contracts without performing the requisite financial responsibility reviews, contractors should prepare for a lengthier, more burdensome process and the possibility of re-review, says Diana Shaw at Wiley.

  • Playing The Odds: Criminal Charges Related To Sports Betting

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    In light of recent sports betting scandals involving MLB player Shohei Ohtani and NBA player Jontay Porter, institutions and individuals involved in athletics should be aware of and prepared to address the legal issues, including potential criminal charges, that sports gambling may bring to their door, say attorneys at Steptoe.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • 9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain

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    The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.

  • How Cannabis Rescheduling May Alter Paraphernalia Imports

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    The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.

  • Opinion

    New Guidance On Guilty Plea Withdrawals Is Long Past Due

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    In light of the Sentencing Reform Act's 40th anniversary, adding a new section to the accompanying guidelines on the withdrawal of guilty pleas could remedy the lack of direction in this area and improve the regulation's effectiveness in promoting sentencing uniformity, say Mark H. Allenbaugh at SentencingStats.com and Alan Ellis at the Law Offices of Alan Ellis.

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