The BLT: The Blog of Legal Times

Wiley Rein Bolsters White Collar Practice with Lateral Partner

Wiley Rein has added a partner to its white collar defense practice in Washington, the firm announced Wednesday.

Ralph Caccia, formerly chair of Akerman Senterfitt's white collar crime and government investigations practice, joins Wiley Rein.

Caccia focuses his practice on white collar issues, corporate internal investigations, Foreign Corrupt Practices Act matters, health care fraud, criminal antitrust cases, defending government enforcement actions and Congressional investigations. He has represented defense contracts and health care providers in criminal and civil False Claims Act investigations. Caccia is also a former assistant U.S. attorney for the District of Columbia.

"His substantial experience further deepens our white collar capabilities and complements several of our existing practice areas, including government contracts, public policy and health care," firm chairman Richard Wiley said in a written statement.

House Preparing for Holder Contempt of Congress Vote

By Todd Ruger

The House is moving forward today for a full House vote on whether Attorney General Eric Holder Jr. should be held in contempt of Congress for refusing to turn over documents related to the botched Fast and Furious gun smuggling operation.

Some Democratic members are planning a walk-out during the contempt vote, led by the Congressional Black Caucus. But House Republicans say they have enough votes to find Holder in contempt.

A final vote is expected between 5 p.m. and 6 p.m. this afternoon. An hour of debate will precede it. The discussion about Holder will start around 12:45 p.m., when the House discusses procedures for holding the contempt vote.

Supreme Court Affirms Individual Mandate in Health Care Ruling

A divided U.S. Supreme Court today largely upheld the Obama administration's signature health care reform law, a big win for the White House and Democrats in Congress.

Chief Justice John Roberts Jr. delivered the key vote, joining the 5-4 majority in upholding the Patient Protection and Affordable Care Act's key provision, the so-called individual mandate, which requires Americans to purchase health insurance or pay a penalty. The high court's opinion is here.

Roberts narrowly interpreted the mandate, saying that "upholding the individual mandate under the Taxing Clause thus does not recognize any new federal power. It determines that Congress has used an existing one."

"The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax," Robert said. "Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness."

Health care decision in

The U.S. Supreme Court has, in large part, upheld the Obama administration's health care law. We'll have a fuller report soon.

The Morning Wrap

SCOTUS: The Supreme Court is expected to deliver its opinion regarding healthcare legislation. Stay tuned for coverage from Tony Mauro and Marcia Coyle as they dissect the decision.

Scalia: In other SCOTUS news, Judge Richard Posner criticized Justice Antonin Scalia for his remarks about the President's stance on illegal immigration. Posner writes, "But the suggestion that illegal immigrants in Arizona are invading Americans' property, straining their social services, and even placing their lives in jeopardy is sufficiently inflammatory to call for a citation to some reputable source of such hyperbole. Justice Scalia cites nothing to support it." The Washington Post's editorial board also takes on the issue.

Healthcare Tourism: Leading up to the anticipated Supreme Court ruling in health care, The New York Times has a story about tourists seeking health care south of the border. While uninsured Mexicans living in the United States have traditionally sought out care in Mexico, an increasing number of middle-class Americans are seeking out elective surgeries not covered by insurance.

Fire: Thousands of residents near Colorado Springs fled their homes due to a wildfire that spans 18,500 acres. The Denver Post reports that more than 300 homes were destroyed. The enduring heatwave and windy conditions have also made it difficult for firefighters to combat the blaze.

Two Prosecutors in Stevens Case Appeal Disciplinary Action

The two prosecutors cited for alleged misconduct in the botched case against Ted Stevens are appealing the disciplinary sanctions brought against them.

Assistant U.S. Attorneys Joseph Bottini and James Goeke have asked the U.S. Merit System Protection Board to review a dispute with the Justice Department rooted in a lengthy attorney misconduct report.

The DOJ internal review concluded Bottini should be suspended without pay for 40 days and that Goeke be suspended for 15 days for their alleged failure to turn over beneficial information to the defense lawyers representing Stevens, the late U.S. senator from Alaska.

Lawyers for Bottini and Goeke dispute the findings in the department's Office of Professional Responsibility report, which said the two prosecutors committed "reckless professional misconduct" during the Stevens public corruption case in Washington.

IP Boutique Partner Heads to McKenna Long in D.C.

McKenna Long & Aldridge has added a patent litigator to its Washington office, the firm announced Tuesday.

Robert Nissen joins the firm as a partner in the intellectual property and technology practice. He was formerly managing partner at his firm, Nissen & Associates. When his partner at their two-person shop decided to retire, Nissen weighed whether he should seek out a new partner or join a larger firm.

"We had been real successful, but at some point we became too successful," Nissen said in an interview. "It was extremely difficult to handle the workflow."

Barclays Agrees to Pay $360M to Settle with CFTC, DOJ over Interest Rate Manipulation

Barclays Bank today agreed to pay $360 million to settle charges brought by U.S. regulators that it attempted to manipulate interest rates and made false reports to benefit its derivatives trading positions.

The Commodity Futures Trading Commission and the Justice Department's Criminal Division brought the charges against the London-based bank, with $200 million of the penalty going to resolve the CFTC's civil case — the agency's biggest-ever fine — and $160 million to settle the DOJ fraud case. Barclays will pay another $93 million to resolve charges brought by regulators in the United Kingdom.

The charges revolved around Barclays’ submissions to the London InterBank Offered Rate (Libor) and the Euro Interbank Offered Rate (Euribor), which are benchmark interest rates used in financial markets around the world.

New Top Lobbyist Chosen at Crowell & Moring

Crowell & Moring has found a new leader for its lobby shop.

Judah "Jud" Sommer, who most recently was the senior vice president of government affairs for UnitedHealth Group Inc., succeeds Patrick Donnelly, who stepped down as the chairman of the firm's public policy group earlier this year. Donnelly, who helped launch the practice in 2008, is now the chief executive officer of the American Oil Chemists' Society, a fats and oils trade association.

Sommer, a Crowell senior counsel, said he left UnitedHealth in March to retire. But Crowell convinced him to forgo his retirement for the opportunity to strengthen the firm's public policy group, he said. After pulling in $4.45 million in 2009, Crowell has seen its federal lobbying revenue fall to $3.64 million in 2010 and $3.33 million in 2011, according to data from the Center for Responsive Politics.

The Morning Wrap

Campaign Funding: The attorney general of New York is investigating contributions to tax-exempt groups that are heavily involved in political campaigns, focusing on the U.S. Chamber of Commerce, The New York Times reports.

Apple v. Samsung: A California federal judge on Tuesday backed Apple Inc's request to stop Samsung Electronics selling its Galaxy Tab 10.1 tablet in the United States, giving the iPhone maker a significant win in the global smartphone and tablet patent wars, Reuters reports.

Under Fire: Philip Falcone, the billionaire hedge-fund manager whose largest investment went bankrupt after being blocked by regulators, may be sued by the Securities and Exchange Commission as soon as this week, Bloomberg reports.