In the federal criminal world, there are certain cases where the government almost always wins.
Illegal reentry for a previously deported person, for example, is pretty close to a lock for a government win — all the government has to show is that the person isn’t a citizen, was previously deported, and is in the United States again. If the dude’s in the courtroom, the government is a third of the way there. For example, in the last fiscal year, there were 20,840 folks charged with illegal reentry. Four of them were acquitted at trial.
Similarly, bank robbery is a high-percentage game for the government. These days, most banks have amazing technology that lets them record pretty much everyone inside. Last fiscal year, 896 people were charged with bank robbery. One lucky guy was acquitted.
These days, federal law enforcement is using wiretaps and, according to the Wall Street Journal, old-school sting operations, to go build white-collar cases (it’s a pretty cool article — very cloak and dagger). The strategies that got the federal government the conviction rate it has in drug and gun cases are being applied to investment fraud and insider trading cases.
This is one reason that insider trading cases have looked like as much of a layup as a bank robbery case. The U.S. Attorney’s Office in the Southern District of New York has secured a record of 85 convictions in either guilty pleas or trials without a single loss.
* President Obama won’t “just sit idly by” as his D.C. Circuit nominees are picked off one by one by Senate Republicans. No, instead he’s going to have his White House Counsel give interviews for him. [National Law Journal]
* Today is the 150th anniversary President Abraham Lincoln’s Gettysburg Address. If you’d like, you can watch a live stream of an event celebrating the occasion here at 12 p.m. EST today. [Constitution Accountability Center]
* The Second Circuit slapped down a few requests yesterday, the most notable of which being Argentina’s bid for a full rehearing and Raj Rajaratnam’s plea for a review of his conviction. [Bloomberg; Bloomberg]
* You don’t know what you got till it’s gone: Weil Gotshal is welcoming back a former finance partner after a seven-year stint at Norton Rose Fulbright to fill out its emptied Dallas office. [Law 360 (sub. req.)]
* Dewey know when the axe man commeth for those who refused to join the failed firm’s $70 million partner contribution plan? Right now. Will Marcoux is the first to face off against Alan Jacobs. [Am Law Daily]
* It’s just business as usual: Amid accusations of liberal court-packing, D.C. Circuit nominee Nina Pillard faced questions on abortion and religion during her testimony before the Senate Judiciary Committee. [USA Today]
* Biglaw isn’t as dead as we’ve been told and made to believe. Some of the largest firms are actually doing quite well, says American Lawyer’s editor-in-chief, who’d like her job to retain some meaning for now. [Am Law Daily]
* Fried Frank knew that it’d take a banker to pull the firm from its monetary funk, so it picked up David Greenwald, deputy general counsel of Goldman Sachs, to act as co-chair through 2015. [New York Law Journal]
* With the change in SEC policy, from allowing companies to use neither-admit-nor-deny language, to forcing them to admit guilt in “egregious” cases, lawyers may soon be very busy. [Corporate Counsel]
* Raj Rajaratnam is a firm believer in the “three strikes and you’re out” theory of law. A month after the Second Circuit affirmed his insider trading conviction, he’s asking for a rehearing en banc. [Bloomberg]
– Judge José A. Cabranes, writing for a three-judge panel of the Second Circuit in upholding the insider trading convictions of former hedge fund manager Raj Rajaratnam. On appeal, Rajaratnam unsuccessfully argued that federal prosecutors obtained a wiretap warrant with a “reckless disregard for the truth.” Rajaratnam will serve the remainder of his 11-year sentence.
(If you’re interested, continue reading for the Second Circuit’s opinion.)
* If you’re looking for an easy résumé line, then consider joining the Supreme Court bar, an elite organization that doesn’t check to see if its members are still alive. All you need is three years of practice, two signatures, and $200. [Associated Press]
* Stanley Chesley, the master of disaster himself, was disbarred for his “shocking and reprehensible” conduct in a fen-phen case. His wife, U.S. District Court Judge Susan Dlott of the Southern District of Ohio, must be oh so pleased. [Courier-Journal]
* Howrey like dem apples now? Some of Howrey’s former partners, including ex-chairman Robert Ryuak, all lined up to make deals to delay lawsuits from the firm’s bankruptcy trustee, Allan Diamond. [WSJ Law Blog (sub. req.)]
* This Biglaw firm’s future was just a little bit dimmer in 2012, with a 4.9 percent dip in profits per equity partner. This is unexpected from Milbank, a number 3 seed in our March Madness competition. [Am Law Daily]
* The NRA’s New York affiliate filed suit challenging the state’s new gun laws, claiming that a ban on assault weapons violates the Second Amendment — because this is clearly what the founders intended. [Reuters]
* Raj Rajaratnam’s younger brother, Rengan Rajaratnam, was indicted yesterday in a federal insider-trading scheme tied to the Galleon case. You can’t fault the guy, he was just trying to keep it in the family. [Bloomberg]
* Sorry, Dean Boland, but you’re not going anywhere. A judge denied the attorney’s request to withdraw from Paul Ceglia’s Facebook case. He must be wishing there were a dislike button now. [Law 360 (sub. req.)]
* While the mainstream media may claim the presidential race between Barack Obama and Mitt Romney is neck-and-neck in a dead heat, the majority of Am Law 200 managing partners are predicting the incumbent will be reelected for another four years. [Am Law Daily]
* In the meantime, infamous media whores Donald Trump and Gloria Allred have both promised “October surprises” for our presidential candidates. Guess we’ll finally find out what they’re yapping about later today after Allred gets back from court and the Don tweets. [ABC News]
* “These lawyers are my kind of scum. Fearless and inventive.” Raj Rajaratnam’s attorneys plan to appeal his insider trading conviction later this week on claims that the government improperly wiretapped him. [DealBook / New York Times]
* There’s no way this statute is going to be pushed back into the closet. New York’s Court of Appeals rejected a challenge to the state’s gay marriage law on the basis of a violation of open-meeting laws. [Bloomberg]
* Lindsay Lohan’s father wants a judge to place the fading star under a conservatorship. Hey, it worked for Britney Spears, right? And on the plus side, it’s a great way to get her name back into the news. [CNN]
* Pay up or shut up: Dewey former partners need to worry about getting our kneecaps busted by the banks that loaned us money to fulfill our capital contributions? [Am Law Daily (sub. req.)]
* Senate leaders reached a tentative deal to keep student-loan interest rates at 3.4%. Too bad this only applies to undergrads — law students are still left holding the bag. [Wall Street Journal]
* Your mom probably told you not to be a tattletale, but evidently that kind of behavior really pays off in court. Adam Smith, formerly of Galleon, was sentenced to only two years’ probation for his “very substantial” aid in Raj Rajaratnam’s insider trading trial. [DealBook / New York Times]
* Forty-six CEOs on the 2012 Fortune 500 list went to law school, but only four hold degrees from schools outside the U.S. News Top 100, and just one went to an RNP school. Yikes. [U.S. News & World Report]
* Was this Nova Law professor “mentally deranged enough to engage in a campus shooting rampage”? That’s apparently what members of the administration thought when they fired him. [National Law Journal]
* Anna Gristina, the accused “Millionaire Madam,” was released last night on $250K bond after spending four months behind bars. Looks like it’s back to the world’s oldest profession for this soccer mom. [Reuters]
* Still speaking about DOMA, check out these interesting similarities between Judge Michael Boudin, who wrote the court’s DOMA opinion, and 50 Cent. (Spoiler: they’ve both been shot a gazillion times, duuuh.) [Think Progress]
* How do you turn your summer associateship into a full-time offer? I might suggest presents, nepotism, or, ahem, “favors.” Or for more traditional folks, I suppose you could take this “practical” advice. [The Careerist]
* What can business executives learn from Wal-Mart? That having holiday sales so huge people are willing to die to be there might not be such a terrible idea? [Harvard Business Review]
* What happens when the pool of college graduates dries up in a metropolitan area? Kitten starvation, ice storms, and zombies. [New York Times]
* On a policy level, this maybe isn’t a great idea. And I realize I might sound like a hypocrite. But, honestly, if sodas were banned, I would be really upset for like 20 minutes, and then I would just go on a crazy 20-year coconut water binge. [New York Times]
After the jump, check out Bloomberg Law’s interview with the judge from Raj Rajaratnam’s insider trading case…
* “Bring me Solo and the Wookiee. They will all suffer for this outrage.” Rajabba the Hut seems to have had a second Goldman Sachs tipper. Say hello to Rajat Gupta, who has pleaded not guilty. [Bloomberg]
* Counsel in the Gucci v. Guess trademark case wrapped up their closing arguments in court yesterday. It’s generally not a good thing when the judge interrupts you to question your late filing. [Businessweek]
* Uh, apparently there’s a legal battle concerning intellectual property having to do with a Three Stooges porn parody. I personally shudder to think of how Curly is portrayed. [Hollywood, Esq. / Hollywood Reporter]
* After taking a blow from that fake beef lawsuit, Taco Bell’s sales are up thanks to its Doritos taco. Because getting your fingers covered in orange crap totally makes up for the “taco meat filling.” [Washington Post]
* Extra frothy: Santorum’s trifecta of wins in Minnesota, Colorado, and Missouri has made Mitt Romney angry. Because even a guy who wins nonbinding primaries can be dangerous to a man’s campaign. [New York Times]
* Joe Amendola claims that evidence is being withheld in his client’s case — evidence like the alleged victims’ phone numbers. Why does Sandusky need those? So he can call and breathe heavily into the phone? [Philadelpha Inquirer]
* Foxy Knoxy’s lawyer is appealing her slander conviction in Italy, claiming that the police “manipulated” her during questioning. You were already cleared of a murder charge, stop pushing your luck. [USA Today]
* It’s really too bad that Lindsay Lohan doesn’t employ Biglaw firms for all of her drama, because given what she’s spent on legal fees in recent years, those prized spring bonuses would assured. [Huffington Post]
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: