Thoughtful Insight and Updates on Legal Issues that Matter to You

Perspectives

Tax Litigation Update: United States v. Clarke Tests Limits of IRS Summons Enforcement Power

On April 23, 2014, the United States Supreme Court heard oral argument in United States v. Clarke, a case which may affect every taxpayer subject to a future IRS examination. […]

Lawyers Navigate Rising Financial Crime Risks amid Debate Over Regulation for Gatekeepers’

While serving a prison sentence, a convicted drug trafficker in Texas was able to transfer proceeds from his narcotics sales to an account accessed by his associates.

White Collar Criminal Defense Update: Third Circuit Court of Appeals Discusses “Willful Blindness” Jury Instruction and Burden Shifting

The following post, which was authored by Joseph DiRuzzo, originally appeared on the Federal Tax Crimes Blog on May 5, 2014. We re-post it here with permission.   On April 30, 2014, the Philadelphia based […]

False Claims Act Litigation Update: Bayer Decision Sheds Light on Pleading in False Claims Act Cases

A recent win for a large company in a False Claims Act suit (a seeming rarity as of late) alleging illegal off-label promotion could provide some helpful insight to similarly […]

Choked Out: Operation Choke Point seeks to eliminate financial services for “high risk” businesses

Since early 2013, the United States Department of Justice (“DOJ”) has been formally targeting banks that service a wide range of lawfully operating businesses that it and the Federal Deposit Insurance Corporation (“FDIC”) consider “high risk.” The probe, known as “Operation Choke Point,” was started as an outgrowth of the Financial Fraud Enforcement Taskforce and seeks banks’ assistance in choking off access to the financial services industry by shutting down the bank accounts of high risk businesses.

Despite FinCEN and Department of Justice Guidance, Difficulties Remain for Financial Institutions Providing Services to Marijuana-Related Businesses

As more States move towards the legalization of marijuana in various forms and to various degrees, marijuana is quickly becoming a growing and profitable industry.

Casino AML Compliance Update: Las Vegas Sands Corp. Places Macau Casino Junkets Under Increased Scrutiny.

On April 4, 2014, Bloomberg reported that the Las Vegas Sands Corp. (“Sands”) has increased its scrutiny of casino junket operators in Macau. The decision comes as casinos seek to […]

Florida Supreme Court Holds Statutory Cap on Non-Economic Wrongful Death Damages in Medical Malpractice Actions Violates the Equal Protection Clause of the Florida Constitution

In Estate of Michelle Evette McCall, et. al. v. United States of America, SC11-1148 (Fla. 2014), the Florida Supreme Court decided the following certified question: DOES THE STATUTORY CAP ON […]

Your Expectation of Privacy in Your Cell Phone is Currently Governed by the Law of the State in Which You are Arrested

Last year the Washington State Supreme Court considered two cases addressing the expectation of privacy one has when sending a text message. On February 27, 2014, the Washington State Supreme Court ruled […]

Complex Litigation Update: SCOTUS Allows Plaintiffs’ State-Law Class Actions Against Law Firms, Financial Firms, and Others to Proceed

On Wednesday of last week, the Supreme Court of the United States issued a 7-2 decision affirming a Fifth Circuit ruling permitting four state-law class actions to proceed against two […]