White Collar

Expert Analysis

• Federal Guidance Holds Warnings For Telehealth Practitioners

  

  Recent alerts from the U.S. Department of Justice and U.S. Department of Health and Human Services' Office of Inspector General indicate that telemedicine fraud remains a top priority for government agencies, so providers should make sure that they structure their offerings appropriately, especially if they offer services across state lines, say Jim Hoover and Robin Mark at Burr & Forman.

• Medical Providers Must Brace For More DOJ Opioid Probes

  

  Though the U.S. Supreme Court’s recent ruling in Ruan v. U.S. raises the standard for proving criminal intent in opioid prescription cases, the U.S. Department of Justice’s recently launched regional strike force means medical professionals should still expect enhanced scrutiny and a continued increase in investigations, says Marissa Kingman at Fox Rothschild.

• Harnessing The Power Of Big Data In Litigation

  

  The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.

• How Law Firm Operations Can Adjust To New COVID Realities

  

  Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.

• AML Takeaways From Watchdog's Real Estate Guidance

  

  The Financial Action Task Force's recently updated anti-money laundering guidance for the real estate sector, coinciding with related developments from U.S. regulators and legislators, illustrates the continued expansion of risk-based compliance requirements — and the threat of criminal liability — for industry participants, including lawyers, say attorneys at Ballard Spahr.

• Assessing The Criminal Implications Of State Abortion Bans

  

  As state abortion bans proliferate in the wake of the U.S. Supreme Court’s overturning of Roe v. Wade, people and entities providing services or benefits related to abortion must carefully assess the risk of criminal liability, as well as potential legal defenses, before taking action that could implicate these laws, say Tracy Cole and Rachel Hooper at BakerHostetler.

• Law Of The Case Is More Nuanced Than You May Think

  

  The recent Seventh Circuit decision in Flynn v. FCA highlights how frequent misconceptions about the law of the case doctrine are, and suggests that litigants should take a hard look at the key qualifications — and quirks — of this narrow and discretionary doctrine before relying on it as a silver bullet, says Michael Soyfer at Quinn Emanuel.

• Engage Associates At Orientation With Thoughtful Activities

  

  The pandemic has driven home the dangers of taking associate talent for granted, and law firms should consider five types of orientation activities that give new employees a greater sense of belonging, set the tone at the outset for a long career and influence attitudes toward the firm, says Joseph Gerstel at GetSomeClass.

• What Cos. Can Learn From Uber Breach Nonprosecution Deal

  

  The U.S. Department of Justice’s recently inked nonprosecution agreement with Uber — which resolved a long-running investigation into the company’s cover-up of a 2016 data breach — provides insights for private-sector companies regarding the factors that led the government not to prosecute, despite the damning fact pattern, say attorneys at Blank Rome.

• Evidence Rule Changes Help Judges Police Expert Testimony

  

  New amendments to Federal Rule of Evidence 702, concerning admissibility of expert witness testimony, make it clear that it is the judge's role — not the jury's — to keep faulty science out of the courtroom, say Michael Leard and Sara Lonks Wong at Nutter.

• Designer's Indictment Shows Fashion Co. Compliance Risks

  

  The recently filed smuggling and conspiracy charges against luxury accessories designer Nancy Gonzalez should serve as a compliance wake-up call for fashion businesses, especially those that source goods and materials internationally — or they may risk a visit from federal authorities, say attorneys at Holland & Knight.

• The Cruciality Of Building Client Intimacy Ahead Of Recession

  

  Attorneys are likely already feeling the pressure that a recession brings to control costs and at least hold the line on top-line growth — but strengthening client relationships through increased communication will ensure continued progress under such conditions, says Dave Southern, a business development and marketing professional.

• How To Win Over Bench Trial Judges Post-COVID

  

  As courts face an unprecedented backlog of cases in the wake of the pandemic and are increasingly sensitive to the inefficient use of time, especially in a bench trial setting, advocates should sharpen their rhetorical and strategic tools by thinking big-picture, say Jim Hurst and Jon David Kelley at Kirkland.

• Takeaways From SEC's Russian Crypto Ponzi Scheme Action

  

  The U.S. Securities and Exchange Commission’s recent allegations that 11 U.S. and Russian crypto founders and promoters made millions in a textbook Ponzi scheme advance the agency’s aggressive enforcement of digital assets — even when investors are unlikely to recover funds because the alleged perpetrators reside outside the U.S., say attorneys at MoFo.

• Crypto Money Transmitters Must Beware Regulatory Scrutiny

  

  A recent Connecticut advisory on unlicensed money transmissions is part of a broader state and federal enforcement trend and should warn digital asset transmitters that regulators are watching and pursuing heavy fines, and prosecutors may seek criminal charges, for licensure or anti-money laundering program deficiencies, say attorneys at Ballard Spahr.