Civil Procedure Criminal Law

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

This Week In Securities Litigation

The Supreme Court handed down the Omnicare decision on Securities Act Section 11 liability for opinion statements this week. In a judgment joined by all nine Justices the Court reversed the Sixth Circuit, concluding that...more

Texas Supreme Court Argument Preview - 3/15

On Wednesday, March 25, 2015, the Supreme Court of Texas will hear argument in two cases. No. 13-0745, Greater Houston Partnership v. Paxton - This dispute arises from a request for the records of the Greater Houston...more

Demonstrative Evidence: When You Want to Show and Tell

An episode of This American Life described the failed effort to get a Tic-tac-toe-playing chicken into evidence in the death penalty case of a mentally ill man with a very low IQ. Defense counsel was trying to rebut a...more

The False Claims Act 2015: DOJ Policies and Judicial Decisions Likely to Lead to an Increase in FCA Claims

By all accounts, 2014 was a banner year in False Claims Act (FCA) enforcement, with the Department of Justice (DOJ) announcing a record $5.69 billion in FCA recoveries. 2015 promises to be an equally active year and is...more

Business Law Newsletter - March 2015

In This Issue: - Small Businesses: Responding to and Resolving Scathing (or False) Online Reviews - DWI in Your Driveway - Excerpt from DWI in Your Driveway: Drivers in the Commonwealth be...more

Supreme Court to Decide Whether Online Threats Are Illegal

As the internet continues to swiftly transform the way we do business, shop and socialize, it also offers a new platform for those with more criminal or malicious intentions. While some of these activities are clearly...more

International Fraud & Asset Tracing (3rd Edition), France

In this Guide: - Introduction - Managing the Internal Investigation - Disclosure from Third Parties - Steps to Preserve Assets/Documents - Civil Proceedings - Anti-Bribery/Anti-Corruption Legislation -...more

International Fraud & Asset Tracing (3rd Edition), United States

In this Guide: - Introduction - Managing the Internal Investigation - Disclosure from Third Parties - Steps to Preserve Assets/Documents - Civil Proceedings - Anti-Bribery/Anti-Corruption Legislation -...more

International Fraud & Asset Tracing (3rd Edition), England & Wales

In this Guide: - Introduction - Managing the Internal Investigation - Disclosure from Third Parties - Steps to Preserve Assets/Documents - Civil Proceedings - Anti-Bribery/Anti-Corruption...more

District court limits application of privilege in internal investigations

The Southern District of New York offered a strong rebuke to defendant Bank of China (BOC) in a discovery dispute, finding that documents created as part of an internal investigation into potential terrorist activities of a...more

What is Excessive Force? Don’t ask the experts!

We are all very familiar with the recent incidents that occurred in Ferguson, Missouri and New York City. These two incidents brought to the national spotlight (yet again) the difficult, split-second decision making required...more

Supreme Court Update: North Carolina Board Of Dental Examiners V. Federal Trade Commission (13-534), Kansas V. Nebraska (126,...

The robed returned to action with this week with decisions in three cases, North Carolina Board of Dental Examiners v. Federal Trade Commission (13-534), on whether state licensing boards enjoy immunity from antitrust laws...more

High Court Divided: Is A Fish A Tangible Object?

Gulf fisherman John Yates was cited by a federally-deputized Florida Fish & Wildlife officer for having caught a few red grouper that were about an inch under the 20” minimum limit at the time (they’d have been legal under...more

Attorney Withdrawal: Protect the Client, Obey the Court or Go to Jail? - California Formal Op. No. 2015-192 Addresses the Ethical...

In Formal Opinion No. 2015-192, the California State Bar Standing Committee on Professional Responsibility and Conduct addressed the difficult choices faced by lawyers who are ethically required to seek leave to withdraw from...more

SCC Recognizes a Lawyer’s Duty of Commitment to the Client’s Cause

In a decision released on Friday, the Supreme Court of Canada has recognized a new principle of fundamental justice: a lawyer’s duty of commitment to the client’s cause. In Canada (Attorney General) v Federation of...more

Kight vs. CashCall – raising the bar for certification in call recording class actions

The California Invasion of Privacy Act, Penal Code sections 630 et seq. (CIPA) is only a credible threat if plaintiffs can achieve class certification. Otherwise, the case is nearly valueless, and will fall to the curb in no...more

Illinois Supreme Court Debates Implied Right of Action Against Clerk for Miscalculating Prison Sentence

During its January term, the Illinois Supreme Court heard oral arguments in Cowper v. Nyberg, a case from the Fifth District posing a novel question: does a prisoner have an implied right of action against the circuit clerk...more

A Reminder From the Seventh Circuit on the Importance of Creating a Record

When the court makes an evidentiary ruling off the record, it is required to enter on the record an explanation of the reasoning behind its decision. See, e.g., United States v. Nolan, 910 F.2d 1553, 1559 (7th Cir. 1990); 28...more

Justice Department’s Kleptocracy Forfeiture Action Against Real Estate Allegedly Linked to Honduran Bribery Scheme Underscores...

Earlier this month, the U.S. Department of Justice filed a civil forfeiture action seeking to recover certain Louisiana real estate allegedly purchased with funds traceable to a $2 million bribe paid to a former Honduran...more

Supreme Court Justices Box The Fourth Circuit's Ears

Two Justices of the U.S. Supreme Court took the Fourth Circuit to task for not publishing a significant opinion. The ear-boxing came last month in the form of a denial of a Petition for Certiorari from which Justice Thomas...more

DHS Issues Final Rule Permitting Attorneys to Receive Immigration Correspondence/Documents Previously Sent Directly to Applicants

The Department of Homeland Security announced this week that the final rule, Notices of Decisions and Documents Evidencing Lawful Status, published for comment on October 29, 2014, is effective as of January 27, 2015....more

Third Circuit Clarifies Extraterritorial Reach of Federal Securities Laws

The Third Circuit recently clarified the extraterritorial limits of the federal securities laws, as the U.S. Supreme Court defined in Morrison v. National Australia Bank, Ltd., 561 U.S. 247 (2010). See United States v....more

They Know Computers But Not How to Help Your Case

Posted on January 28, 2015 by Julie Brook, Esq. When corporate goes criminal, i.e., an investigation involving a corporation leads to a criminal case headed to trial, you often need computer forensic experts to testify about...more

Supreme Court Hears Argument On Two Procedural Issues In False Claims Act Litigation

On January 13, 2015, the United States Supreme Court heard oral argument in Kellogg Brown & Root v. United States ex rel. Carter, No. 12-1497, a False Claims Act (FCA) qui tam case involving allegations of fraudulent billing...more

USAO Wants Newman Insider Trading Case Reheard

The Second Circuit’s decision in U.S. v. Newman, Nos. 13-1837-cr. 13-1917-cr (2nd Cir. Dec. 10, 2014) continues to be the key focus in insider trading cases. There the Court held that remote tippees must not only know that...more

551 Results
|
View per page
Page: of 23

Follow Civil Procedure Updates on: