Free Speech, Due Process and Trial by Jury
HD Vest Financial GC David Peavler, a sleeper candidate to be the SEC's top corporate cop in Texas, tells The Texas Lawbook in an exclusive interview that tightened resources will be his biggest challenge when he starts as regional director in July. The objective, he said, is "to have as big an impact as possible with the resources we have.” Meanwhile, SEC insiders say Peavler is the perfect choice for the job.
The U.S. Securities and Exchange Commission has named its former associate director of enforcement, David Peavler, as the agency’s new regional director for its Fort Worth Regional Office.
Gandy, associate regional director for examinations for the U.S. Securities and Exchange Commission in Fort Worth, will continue to lead examinations for the Fort Worth Regional Office.
The U.S. Attorney’s Office in North Texas is moving full steam ahead with a new proffer agreement policy effectively muzzling a defendant at trial. The new language binds both the defendant and her attorney and the Fifth Circuit seems poised to rule that proffer statements are admissible in the government’s case-in-chief. Only one strategy for defense attorneys is clear then – proffer at your peril.
If you missed out on attending the SEC's historic insider trading trial against Mark Cuban, a new book that's hit the stands is your next best bet on experiencing the litigation saga. In Securities and Exchange Commission v. Cuban, SMU law professor Marc Steinberg compresses thousands of court documents to provide an insightful commentary on nearly a decade of pivotal moments and decisions that made and unmade the case.
The U.S. Securities and Exchange Commission is investigating the Houston oil and gas company Alta Mesa Resources for potential fraud amid admitted failures in its financial reporting, the company said Friday in a regulatory filing.
A multi-defendant white-collar criminal case in federal court presents unique challenges, from managing a multitude of lawyers to the avoidance of conflicts. Tom Melsheimer of Winston & Strawn, who represented the only defendant acquitted in the Forest Park Medical Center bribery case, reflects on the strategies and disciplines that helped the jury single out his client as the only one among nine defendants they could unanimously regard as innocent.
A jury in the Forest Park Medical Center bribery and kickbacks trial returned its verdict late Tuesday, convicting seven of nine defendants on charges ranging from conspiracy to money laundering. One defendant, Dr. Nick Nicholson was acquitted of all charges. The jury was unable to reach a verdict regarding the one charge against Carli Hemple, the director of bariatric services at the hospital. The Texas Lawbook has the latest.
With the Forest Park Medical Center case now in the hands of the jury, white collar veteran Ed Tomko may have seen his final trial. As a veteran prosecutor and well-regarded defense attorney, Tomko has witnessed much from both sides. He shares his insights in a sit-down with Lawbook litigation writer Natalie Posgate.
Jurors in the Forest Park Medical Center bribery trial headed home late Monday. They will resume Tuesday after 19 hours of deliberation. Like last week, the jurors had questions. But unlike last week, those questions were answered via telephone from Toledo. Bruce Tomaso explains.
One of the highest profile health care fraud trials in a generation is nearing conclusion in a Dallas federal courtroom against the now-shuttered Forest Park Medical Center and surgeons who practiced there. While there is no telling what the jury will determine, the case itself is an important warning for health care practitioners. Here are a few take-aways from experts in the field.
Call it what you will, like it or not, but the newest iteration of a North American trade agreement recognizes the new economic realities that have developed over 25 years of NAFTA. A panel of experts, including the chief legal officer of AT&T Latin America, at SMU's Cox School of Business reflected on the new realities. The Lawbook was there.
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