Securities Fraud

The first rule of state court is: you do not talk about state court.

* Foreclosure attorney Bruce Richardson alleges that Hogan Lovells partner David Dunn hit him with a briefcase in front of a court officer. That’s how they roll in state court. (Expect more on this later.) [New York Daily News; New York Post]

* From cop killer to nomination killer: Mumia’s the word that stopped Debo Adegbile’s nomination to lead the Justice Department’s Civil Rights Division. [Washington Post]

* In happier nomination news, congratulations to former Breyer clerk Vince Chhabria, as well as to Beth Freeman and James Donato, on getting confirmed to the federal bench for the Northern District of California. [San Francisco Chronicle]

* It’s been a good week for amicus briefs. Congrats to Professors Adam Pritchard and Todd Henderson for getting the attention — and perhaps the votes — of several SCOTUS justices. [New York Times]

* How a Cornell law student got her father to foot the bill for half of her pricey legal education. [ATL Redline]

* As I predicted, the Ninth Circuit’s ruling in United States v. Maloney didn’t sweep the alleged prosecutorial misconduct under the rug by granting the government motion without comment. [The Atlantic]

* RACEISM™ alert: federal prosecutors allege that deputies to a North Carolina sheriff accused of racial profiling of Latinos shared links to a violent and racist video game. [Raleigh News & Observer]

* Speaking of mistreatment of Latinos, a recent Third Circuit decision spells good news for some immigrant communities. [Allentown Morning Call]

* Sarah Tran, the law professor who taught class from her hospital bed, RIP. [Give Forward]

In vino veritas — about unannounced transactions.

Here’s some friendly advice: when you’re drunk, try to keep your mouth shut. Or at least keep your work-related thoughts to yourself. This is certainly true for junior lawyers, but it goes for partners as well.

According to a complaint just filed by the Securities and Exchange Commission, an IP partner at a leading law firm had a few too many drinks, then got a little “TMII” — “too much (inside) information” — with his investment adviser. That adviser then traded on the material, nonpublic information, the SEC alleges….

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A license to practice law is not a license to violate it.

Loretta Lynch, U.S. Attorney for the Eastern District of New York, in remarks made after the sentencing of Martin Weisberg, a lawyer hailing from Baker & McKenzie and Jenkens & Gilchrist, who was convicted in a money laundering and securities fraud scheme.

One hopes “black edge” wasn’t on the list. Anyway, today’s indictment against SAC, for wire fraud and securities fraud, is something to behold:

“For example, on or about July 29, 2009, a recently hired SAC PM (the ‘New PM’) sent an instant message to [Steve Cohen] and relayed that, due to some ‘recent research,’ the New PM planned to short Nokia when he started work 10 days later. The New PM apologized for being ‘cryptic’ but noted that the head of SAC compliance ‘was giving me Rules 101 yesterday – so I won’t be saying much[.] [T]oo scary.’”

Possibly the weirdest part here is that new hires got compliance lectures two weeks before they showed up at the firm? But maybe not; the DOJ takes a pretty dim view of SAC’s hiring process generally, and if you believe the DOJ that SAC’s main hiring criterion was “is good at insider trading,” then you could imagine the need for a little pre-start-date warning in email etiquette:

Continue reading over at DealBreaker….

Last week, federal prosecutors in Manhattan charged two former stockbrokers, Thomas Conradt and David Weishaus, with insider trading. There is a legal angle here (aside from the criminal charges and the civil case being brought by the SEC): Conradt is a lawyer, a member of the Maryland and Colorado bars, and Weishaus graduated from the University of Baltimore School of Law a year after Conradt.

To be honest, though, we’re not intensely interested in Conradt and Weishaus. Their alleged misdeeds occurred while they were working in finance, not law; the contours of Conradt’s legal career are somewhat unclear; and as for Weishaus, it’s not clear that he ever passed the bar or practiced as a lawyer.

As regular readers of Above the Law know, we have a weakness for prestige around these parts. So we’re far more interested in the former Cravath associate who, according to law enforceent allegations, made their misdeeds possible….

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* Yesterday marked day two of jury deliberations without a verdict in the John Edwards campaign-finance violations trial. The former presidential candidate says he’s “doing OK,” but you know he’s secretly pissing his pants over going to prison. [ABC News]

* Martin Weisberg, a former Baker & McKenzie partner, pleaded guilty to money laundering and conspiracy to commit securities fraud. He faces up to 15 years for both crimes. Like he wasn’t earning enough as a Biglaw partner. [New York Law Journal]

* A judge told two fashion houses to leave it on the runway, and not in the courtroom, but that’s not going to stop Gucci from collecting its due. Guess owes the company $4.66M for trademark infringement. [Bloomberg]

* If you’re wondering what you’re going to have to do to get your student loans discharged in bankruptcy, it’s really quite simple. Get diagnosed with an autism spectrum disorder, and you’ll be set. [National Law Journal]

* What’s the difference between looted art and art looted by the Nazis? The Hitler part. Proposed art legislation will ban all museum recovery claims, except those of families affected by the Holocaust. [New York Times]

* “”I can’t believe f**king Allred called you!” In a total attention whore battle royale, Okorie Okorocha has sued Gloria Allred for allegedly stealing both of his clients in the John Travolta gay sex scandal. [CNN]

Law firm financials can be shrouded in mystery. Sure, the American Lawyer releases its closely watched and highly influential Am Law 100 rankings each year, which shed some light on the subject. But these numbers are not Gospel truth, and sometimes they get restated — which is what happened last month to Dewey & LeBoeuf.

Making a material misrepresentation to the American Lawyer doesn’t violate the securities laws. Making a material misrepresentation in connection with the purchase or sale of any security — well, that’s more problematic.

Let’s take a closer look at a subject we mentioned last night and again this morning, namely, the offering memorandum for Dewey’s 2010 private placement of $125 million in bonds….

Note: we’ve added UPDATES, after the jump.

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In the first lawsuit (during the proxy fight), the judge held that certain statements made in proxy materials were false and misleading. That lawsuit settled. In the next lawsuit (the 10b-5 class action), plaintiffs explain that precisely the same statements appeared in an annual report, and it is now settled law that those words are false and misleading. How do you avoid the devastating effect of collateral estoppel in the second case?

I solved that puzzle back in 1990. Now I’ve moved in-house, and I fear that I’ll never solve a similar puzzle again.

Have I lost my creativity? I don’t think so. Does my job still require creativity? Yes — but different kinds of creativity. This column is a requiem to a type of thinking that an in-house job — or, at a minimum, my in-house job — doesn’t seem to permit….

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