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jerryking : legal_strategies   27

New Ontario initiative targets complex, white-collar crimes
AUGUST 20, 2019 | The Globe and Mail | GREG MCARTHUR.

The Ontario government has quietly launched an initiative intended to solve a problem that has vexed Canadian law enforcement: the successful prosecution of complex, white-collar crimes.

With little fanfare, the province has created what it is calling the Serious Fraud Office (SFO), with a structure that is novel to Canada: teaming up investigators and prosecutors and dedicating them to financial crimes that are too sprawling for any one municipal police force to handle.....Ontario’s office, however, will investigate an array of financial crimes, not just money laundering but large-scale fraud and corruption. It was created to fix long-standing issues with how the government combats such crimes, the two officials in charge of the initiative said in an interview......One of the primary goals is to bridge gaps between investigators and prevent cases from languishing and forcing judges to throw them out because of unconstitutional court delays. Unlike a traditional police investigation, the SFO’s structure means prosecutors will be heavily involved from the outset of a case........The SFO is also designed to thwart an issue common to most police departments: the frequent shifting of resources away from fraud units whenever police are confronted with a more pressing public-safety issue, such as a threat of terrorism......“White-collar crime investigations are both complex and lengthy. Specialization and long-term experience of both prosecutors and the investigators will be critical to success.”
corruption  financial_crimes  financial_penalties  fraud  fraud_detection  groundbreaking  large-scale  law_enforcement  legal_strategies  money_laundering  Ontario  prosecutors  Queens_Park  securities_enforcement  securities_industry  white-collar  white-collar_crime 
august 2019 by jerryking
U.S. Weaponizes Its Criminal Courts in Fight Against China and Huawei
Jan. 17, 2019 | WSJ | By Chuin-Wei Yap.

The federal pursuit of theft charges adds pressure on Chinese tech giant Huawei Technologies Co. by further involving the criminal-justice system in the fight against China’s alleged encroachment on intellectual property. It is the second case in four months where federal prosecutors have built criminal allegations on civil litigation, risking uncertain outcomes as a verdict isn’t guaranteed.........The Trump administration wants to use indictments, along with export controls and other policy tools, as part of an arsenal to counter Chinese theft of trade and technology secrets, which U.S. officials increasingly view as part of national security.....That has meant a more aggressive effort to convert corporate squabbles into criminal charges.....the entry of federal prosecutors ratchets up global attention and the stakes in what had until then been less noticed civil filings.....High-profile prosecutions are part of a range of weapons the U.S. can call on to shape global perceptions of China’s state-corporate behavior, as well as China’s perception of how its options might be dwindling.....Other tools include sanctioning exports and redefining “emerging technologies” as a national security concern.....“The U.S. will pursue critical Chinese companies in any form possible,” ...... “The U.S. is aiming at creating a kind of sinking feeling for China. That is, no matter what China does, there will still be new angles for the U.S. to contain it.” advantage of using the justice system is that it makes it difficult for China to feign ignorance when faced with a barrage of detailed allegations and corroboration.
China  criminal_justice  Department_of_Justice  hackers  Huawei  intellectual_property  legal_strategies  policy_tools  theft  trade_secrets  security_&_intelligence 
january 2019 by jerryking
Book Review: Slingshot -
June 4, 2013 |WSJ | By DAVID KANSAS

Chipping Away at Success
Litigation as strategy isn't unfamiliar in the competitive high-tech world, where trampled companies turn to courts to slay the enemy.
book_reviews  semiconductors  AMD  Silicon_Valley  legal_strategies  litigation  books 
august 2013 by jerryking
Winning Legally: How to Use the Law to Create Value, Marshal Resources, and Manage Risk - Harvard Business Review
Winning Legally: How to Use the Law to Create Value, Marshal Resources, and Manage Risk
by Constance E. Bagley
Source: Harvard Business Press Books
204 pages. Publication date: Dec 12, 2005. Prod. #: 192X-HBK-ENG
Write the First Review

The rash of corporate scandals in recent years underscores a fact too often ignored in the business world: flouting the law holds serious consequences. Indeed, all it takes is one rogue trader, one greedy executive, or one misinformed manager to place an entire organization at risk. But respected legal expert Constance E. Bagley argues that staying out of trouble is only part of the picture when it comes to legality in business. In Winning Legally, Bagley shows how managers can proactively harness the power of the law to maximize corporate value, marshal human and financial resources, and manage risk. Through scores of classic and contemporary examples across the business landscape, this no-nonsense guide completely reframes the relationship of law to business. Bagley explains how managers can use the law as a strategic tool to help select and work effectively with legal advisers, spot legal issues before they become problems, weigh the legal risks of specific opportunities, and more. Ultimately, the responsibility for making tough business decisions lies with managers--not with lawyers. This timely book shows how managers can combine business audacity and vision with integrity and respect for the law to build truly great and enduring firms. Constance E. Bagley is an associate professor of business administration at Harvard Business School. She was formerly a partner of Bingham McCutchen LLP and co-author of The Entrepreneur's Guide to Business Law.
books  legal_strategies  law  HBR  audacity  vision  integrity  value_creation 
february 2013 by jerryking
Cravath Hires David Kappos of U.S. Patent Office -
February 6, 2013 | NYT | Peter Lattman
Cravath Hires 2nd Official From Obama Administration
legal_strategies  recruiting  USPTO  law_firms  patent_law  IBM  Cravath 
february 2013 by jerryking
Jenkins: The Jury Has Spoken—Think Different -
August 28, 2012, 7:07 p.m. ET

The Jury Has Spoken: Think Different
Samsung's loss is Microsoft's opportunity.

Microsoft is a pygmy in the smartphone business though, unlike Google, Microsoft troubled itself to design a smartphone operating system that does everything a smartphone must without being an iPhone knockoff.

Microsoft may genuinely have believed there's a better way than Apple's of organizing a user's interaction with a mobile device. Microsoft may have concluded there was no future in merely making another Apple knockoff, then trying (thanklessly) to give birth to a third app ecosystem around it.

Maybe Microsoft was just worried about lawsuit vulnerability. Whatever the reason (how's this for irony?), Microsoft was the company to "think different" and create a mobile operating system "for the rest of us"—i.e., an alternative to Apple's vision. The result is Windows Phone 8, the operating system behind the oft-praised but slow-selling Nokia Lumia 900....a too-weak patent system can be as bad for competition as a too-strong one. Until Friday's verdict, it was just too easy for Google-Samsung to gain a dominant share by copying Apple's innovations and giving them away for free. That's especially true of the subtle feedback Apple figured out how to provide users through a touch-screen. Google's business model, Apple could be forgiven for thinking, is more like piracy than competition.

Apple's lawsuits are not without strategic design, of course. The aim is to raise the cost to handset makers of using Google's "free" Android software—one reason Samsung, not Google, was the target of Apple's legal vendetta....But the verdict has an ironic potential. With Android seeming less "free," handset makers now have more incentive to get behind real innovation, such as Microsoft's promising but negligibly patronized operating system. Sooner rather than later, in other words, we might have a choice not just between Apple and fake Apple.

Microsoft and other innovators still face a monumental hurdle, it's true, in a lack of apps. What would really hasten the icejam breakup would be more decisions like one recently from the Financial Times.

The FT has decided to stop making Android or Apple apps or other ecosystem-specific apps in favor of a universal app riding on the mobile browser layer, using the tool set known as HTML5.

Apple  Samsung  Microsoft  Holman_Jenkins  patents  patent_law  ecosystems  Android  HTML5  knockoffs  think_differently  legal_strategies  lawsuits  litigation 
august 2012 by jerryking
Rajat Gupta Trial May Hinge on Fate of Three Key Wiretaps -

U.S. vs. Gupta: The Wiretaps
Insider-Trading Trial of Ex-Goldman Director Could Swing on Admissibility.

Beyond simply explaining the calls between Messrs. Gupta and Rajaratnam, the tapes are the kind of high-impact evidence that can often sway jurors, according to experts on defense strategies.

"It allows the government to tell the story in more depth," said Michael Weinstein, a white-collar attorney at Cole Schotz in Hackensack, N.J., and a former prosecutor. "It's unvarnished, and juries like that."

Mark J. Stein, a defense attorney at Simpson Thacher & Bartlett LLP in New York, said the tapes are "critically important" because without them, the government will have to ask jurors to make the leap that Mr. Gupta must have tipped Mr. Rajaratnam because of suspiciously timed phone calls and trades.

"It brings some meat to what otherwise seems to be a very circumstantial case," he said.
wiretaps  eavesdropping  Rajat_Gupta  legal_strategies  Raj_Rajaratnam 
may 2012 by jerryking
Lawyers at odds over Rajaratnam’s profits -
October 4, 2011 | FT | By Kara Scannell in New York.

US prosecutors and lawyers for Raj Rajaratnam, the convicted founder of Galleon Group, squared off in court on Tuesday over how to measure profits the hedge fund founder made from insider trading.

The judge asked the government to submit additional profit calculations and said he would announce his ruling at next Thursday’s sentencing hearing.
On this story
Prosecutors say Mr Rajaratnam should serve between 235 and 293 months, or a minimum sentence of 19 ½ years, based on gains they now allege exceeded $70m and enhancements for being a leader of the conspiracy and obstructing the government’s investigation during an interview with the Securities and Exchange Commission.

Mr Rajaratnam’s lawyers argued that a better estimate was $7.4m in personal gains, which would place his sentence without any enhancements between six and eight years.
Raj_Rajaratnam  insider_trading  legal_strategies  sentencing_guidelines  SEC  Wall_Street  hedge_funds 
october 2011 by jerryking
Strauss-Kahn Prosecution Said to Be Ending -
Published: August 22, 2011
Dominique_Strauss-Kahn  sexual_assault  legal_strategies 
august 2011 by jerryking
Nafissatou Diallo Sues Strauss-Kahn -
Published: August 8, 2011
The hotel housekeeper who has accused Dominique Strauss-Kahn of sexually
assaulting her has sued him in State Supreme Court in the Bronx. ...The
timing of the lawsuit was unusual for cases that also involve criminal
prosecutions; typically, accusers will wait until a criminal matter is
resolved before proceeding with a civil action. ...A lawyer for the
housekeeper, Nafissatou Diallo, indicated in court papers that he was
prepared to introduce testimony from other women who say they were
attacked by Mr. Strauss-Kahn in “hotel rooms around the world,” and in
apartments specifically used by him “for the purpose of covering up his
legal_strategies  Dominique_Strauss-Kahn  sexual_assault 
august 2011 by jerryking
Maid Likely to Be Focus in Strauss-Kahn Defense -
MAY 31, 2011By SEAN GARDINER.Maid Likely to Be Focus
Strauss-Kahn Defense Teams Gears Up to Challenge Credibility of Hotel Worker
legal_strategies  sexual_assault  Dominique_Strauss-Kahn  chambermaids 
may 2011 by jerryking
Galleon Defense Worked—To a Point -

Some in Hand-Picked Jury Found Rajaratnam Sympathetic. And Guilty, Too
legal_strategies  insider_trading  juries  courtroom_process  case_management  Raj_Rajaratnam 
may 2011 by jerryking
The Galleon Case Is Nowhere Near Over
May 11, 2011, 2:48 pm Legal/Regulatory | White Collar Watch

legal_strategies  insider_trading  Raj_Rajaratnam 
may 2011 by jerryking
Raj's defense gamble is smarter than it looks
4/20/2011 | Breakingviews | By Reynolds Holding. The author is a
Reuters Breakingviews columnist. The opinions expressed are his own)
legal_strategies  insider_trading  hedge_funds  Raj_Rajaratnam 
april 2011 by jerryking
SEC Chief's Big Bet on Goldman -
MAY 15, 2010 | Wall Street Journal | By MONICA LANGLEY , KARA
decided to pursue Goldman and how the Wall Street giant responded is
based on dozens of interviews with regulators, executives, traders,
lawyers and other people with knowledge of the situation....The suit is
shaping up as one of the most explosive confrontations in Wall Street
history, pitting the world's most profitable securities firm against a
regulatory agency with a battered reputation as a watchdog. The decision
to proceed without unanimous agreement from the commissioners—unusual
in such a high-profile case—exposed the agency to accusations that its
actions were influenced by politics despite its nominally independent
status. The agency denies any political agenda.
Goldman_Sachs  SEC  Wall_Street  decision_making  legal_strategies  lawsuits  big_bets 
may 2010 by jerryking
What Any Goldman Settlement Might Entail - DealBook/White Collar Watch Blog -
May 6, 2010 | NYT | by Peter J. Henning who's working on a
book, “The Prosecution and Defense of Public Corruption: The Law &
Legal Strategies,” by Oxford Univ. Press. What might it take for GS to
resolve its various lawsuits & inquiries? Threats? 3-fold: (1) SEC's
lawsuit; (2) a slew of private shareholder suits that largely piggyback
the S.E.C. claims; (3) a DoJ investigation. The SEC’s fraud case
presents the most immediate threat to GS, DoJ investigation could have
the greatest impact if it develops into a full-blown threat of
prosecution, while the private suits are of less importance as they pose
little if any threat to the GS’s continuing operations. For the SEC:
($=monetary penalties), appt. of an outside monitor to oversee GS’s
compliance with the terms of the settlement, require GS to appoint a
different person as chair; For the DoJ --difficult for GS to negotiate
some type of resolution; For Private Litigants there's whether the GS
board breached its fiduciary duty.
anticipating  books  corruption  Department_of_Justice  financial_penalties  Goldman_Sachs  legal  legal_strategies  SEC  think_threes  white-collar  white-collar_crime 
may 2010 by jerryking
Rodier the strategist behind the scenes - The Globe and Mail
June 6, 2009 | The Globe & Mail | Michael Grange. Profiles
Richard Rodier, the legal strategist behind Jim Balsillie's bid to
acquire the Phoenix Coyotes out of bankruptcy protection.

From Saturday's Globe and Mail, Saturday, Jun. 06, 2009
hockey  Jim_Balsillie  NHL  bankruptcies  éminence_grise  legal_strategies  lawyers 
june 2009 by jerryking
Lawyers Will Be Lawyers, Dumping More on Juries Than They Can Process -
NOVEMBER 6, 2008 | Wall Street Journal | by LESLIE EATON and

Prosecutors in complex cases have to remember not to over-burden their
cases. Prosecutors can compile a ton of evidence, but whatever its
merit, presentation and pacing remain crucial. When jurors can't reach a
decision one way or the other or are bored and bewildered, time, effort
and taxpayer dollars go to waste.
lawyers  courtroom_process  case_management  juries  legal_strategies  evidence 
may 2009 by jerryking

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