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Lathrop B. Nelson, III

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Lathrop B. Nelson, III is a partner in the Litigation Department at Montgomery McCracken. His practice concentrates on complex commercial litigation and government investigations and white collar crime. Lathrop received a J.D. degree from the University of Virginia School of Law in 2001 and a B.A. degree, cum laude, in History and Politics from Washington and Lee University in 1997.
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Jan 14

Did Penn State’s General Counsel Fumble by Appearing at the Grand Jury Appearances of its Officers?

With the announcement by Penn State that it has hired James Franklin as its new head football coach, the university has taken yet another step on the field away from the Jerry Sandusky scandal.  But the fallout continues in the courtroom with the prosecution of… Read More

Dec 10

Update: Second Circuit Limits Government’s “Stream of Payments” Statute of Limitations Theory

Last week, White Collar Alert editor Erin Dougherty reported on the Second Circuit’s unusual summary order reversing the convictions of three former General Electric Co. executives for bid rigging.  Yesterday, in a 2-1 decision, the Second Circuit confirmed the expected basis for the reversal, holding… Read More

Nov 25

Did A-Rod Take an Intentional Walk to Prevent Perjury Risk?

Last Wednesday, November 20th, Alex Rodriguez, widely considered one of baseball’s greats, walked out of his arbitration proceeding challenging his 211 game suspension for violating Major League Baseball’s performance enhancing drug (“PED”) policy.  If the suspension is upheld, A-Rod’s will be the longest non-lifetime suspension… Read More

Nov 12

Elle Woods on Criminal Intent: Ninth Circuit Requires Specific Intent for Criminal Copyright Infringement

In the movie Legally Blonde, upon assuming the role of lead defense counsel in the murder trial of her sorority sister, the heroine Elle Woods sought to skip the examination of a key witness and instead jump straight into an argument regarding her client’s criminal… Read More

Nov 06

The “Effects” of Fraud that “Affect” a Financial Institution

The Department of Justice has recently dusted off the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (“FIRREA”) – enacted following the savings and loan crisis of the 1980s to protect financial institutions from fraud – as an offensive weapon against financial institutions themselves.… Read More