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Supreme Court Update: Bosse V. Oklahoma (15-9173) And Order List

Greetings, Court Fans! Fresh from a three-day weekend, the Court made short work yesterday of its first decision of the term, a per curiam summary reversal in Bosse v. Oklahoma (15-9173). Though the case touched upon an...more

Focus on Tax Controversy and Litigation - The Unprecedented Extraterritorialization of Tax Crimes

In addition to the discussion of the recently proposed U.K. criminal tax legislation, this month’s issue features articles regarding the Tenth Circuit Court decision in McNeill v. United States discussing a managing partner’s...more

Second Circuit: Stored Communications Act Warrants Cannot Reach Overseas Data

On July 14, 2016, the Second Circuit Court of Appeals determined that a warrant issued under the Stored Communications Act (SCA) is subject to the same territorial restrictions as a traditional warrant: the government’s reach...more

Supreme Court Update: Mathis V. United States (15-6092), Utah V. Strieff (14-1373), Birchfield V. North Dakota (14-1468) And...

The Court finished up OT15 this morning with decisions in Voisine v. United States (14-10154), holding that a reckless domestic assault qualifies as a "misdemeanor crime of domestic violence" under the federal...more

Supreme Court Update: Williams V. Pennsylvania (15-5040), Dietz V. Bouldin (15-458), Simmons V. Himmelreich (15-109) And Ross V....

Greetings, Court Fans! Though the Puerto Rican Day Parade marched down Fifth Avenue Sunday, the Commonwealth was getting much less love on One First Street. Yesterday morning, in Puerto Rico v. Franklin California...more

The Supreme Court - June 2016 #2

The Supreme Court of the United States issued decisions in three cases on June 9, 2016: - Dietz v. Bouldin, No. 15-458: An automobile accident case went to a jury trial in federal district court. Respondent Hillary...more

Supreme Court Update: U.S. Army Corps Of Engineers V. Hawkes (15-290), Johnson V. Lee (15-789), Lynch V. Arizona (15-8366) And...

As we settle into June, the Eight seem to be clearing out the less difficult decisions in preparation for what could be a messy end to the term, given some controversial issues (abortion, affirmative action, immigration) and...more

DOL Persuader Regulations Expose Every Employer to Reporting Requirements and Disclosures

All employers should examine their use of labor and employment service providers to mitigate unwanted disclosure of fees paid to such providers. To protect confidentiality and the integrity of the attorney-client...more

Good News: The Feds Can’t Freeze Your Assets to Stop You from Hiring a Lawyer

There are limits to what the government can take from you. The Supreme Court recently ruled that the Constitution forbids the government from freezing a defendant’s “untainted” assets in advance of prosecution. The ruling is...more

The Supreme Court - April 2016

The Supreme Court of the United States issued decisions in two cases on April 4, 2016: - Evenwel v. Abbott, No. 14-940: In this legislative redistricting case, certain voters brought a challenge to the redistricting in...more

You Can Pay Your Lawyer: Supreme Court Recognizes Limits on Pretrial Asset Restraints

Before the U.S. Supreme Court’s ruling last week in Luis v. United States, the government could freeze a criminal defendant’s assets before trial even if they bore no connection to the alleged crimes. With the ruling, if the...more

The Supreme Court - March 2016 #6

The Supreme Court of the United States issued one decision on March 30, 2016: - Luis v. United States, No. 14-419: Petitioner Sila Luis was charged with various health care related crimes. Pursuant to a federal...more

The Supreme Court - March 2016 #2

The Supreme Court of the United States issued decisions in three cases today - Americold Realty Trust v. ConAgra Foods, Inc., No. 14-1382: Plaintiff corporations, including respondent ConAgra Foods, Inc., brought suit...more

Supreme Court Update: Lockhart V. United States (14-8358), Gobeille V. Liberty Mutual Insurance Co. (14-181)

Who could have imagined a month ago that our summary of Justice Scalia's dissent in Montgomery v. Alabama (14-280) would be our last opportunity to analyze an opinion from the Justice who, alongside Jackson and Holmes, will...more

Rival Court Decisions Reflect Shifting Views on Privacy in Public

With the spotlight on one high-profile battle that pits privacy rights against public safety interests, another crucial, similar dispute is making its way through the courts. How to evaluate new technology and its potential...more

Supreme Court Update: Montgomery V. Louisiana (14-280), Federal Energy Regulatory Commission V. Electric Power Supply Association...

The decision in Montgomery v. Louisiana (14-280) was a biggie, and not just because it retroactively applied the Court's 2012 holding that mandatory sentences of life without parole for juvenile offenders violate the Eighth...more

Supreme Court Update: Kansas V. Carr (14-449) And Order List

Wiggin and Dana just opened a shiny new office Washington, D.C., but it seems our arrival has been eclipsed by that of another force of nature in the nation's capital. Perhaps anxious to skip town before it's buried, the...more

The Supreme Court

The Supreme Court of the United States issued decisions in four cases today: Campbell-Ewald v. Gomez, No. 14-857: Respondent Jose Gomez received Navy recruitment text messages without his consent. He filed a nationwide...more

U.S. Supreme Court Decision Might Foreshadow Expansion of the Qualified Immunity Defense in Excessive Force Cases

The past several years have seen a slew of high-profile excessive force cases, often highlighted by cell phone or dash-cam video. These cases have placed increasing pressure on local police departments, which continue to...more

Qualified Immunity and Deadly Car Chases: Is the Pendulum Heading the Other Way?

The past several years have seen a slew of high-profile excessive force cases against law enforcement officers, often highlighted by cell phone video. These cases have placed increasing pressure on local police departments,...more

Cities Left on Their Own in Gun Control Ordinances … For Now

The United States Supreme Court recently declined review of a lower court decision upholding a City of Highland Park, Ill. ordinance banning the sale and possession of semiautomatic guns that carry more than 10 rounds of...more

The Top Ten Things Every Commercial Litigator Must Know About the Fifth Amendment

Invoking the Fifth Amendment privilege is not just for scenes from Law & Order or Better Call Saul. These days commercial cases, especially those involving individual defendants, are commonly filled with claims that have...more

Court Denies Spoliation Motion, Stating that Sanctions would not Alter Case Outcome (New York)

Deanda v. Hicks, 2015 WL 5730345 (S.D.N.Y. Sept. 30, 2015)- In this constitutional rights violation case, the plaintiff claimed that the defendant intentionally engaged in the spoliation of audio and video tapes...more

New York v. Aleynikov: New York State’s Penal Code (Like Federal Criminal Law) Does Not Cover Electronic Reproduction of Source...

In 2009, Sergey Aleynikov was a computer programmer employed by Goldman Sachs to write high-frequency trading code. He accepted an offer to join a new Chicago-based company, Teza Technologies. Before he left Goldman Sachs,...more

Supreme Court Update: Glossip V. Gross (15-7955) And Order List

We're back with our final Update of OT14, covering Glossip v. Gross (15-7955), a doubly divisive death-penalty case, and providing a roundup of the Court's orders over the last few weeks. (Did you think we'd forgotten about...more

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