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Civil Procedure Criminal Law

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

False Start On The Offense - Why the 5th Circuit Flagged the NFLPA for Illegal Procedure in the Ezekiel Elliott Case

by Miller Canfield on

After further review, the ruling of a Texas district court was overturned by the 5th Circuit Court of Appeals on Oct. 12, 2017, with the Court of Appeals vacating an injunction order that kept Dallas Cowboys running back...more

Second Circuit Overturns Convictions Of Former Senate Majority Leader Dean Skelos And His Son Based On Supreme Court's McDonnell...

by Shearman & Sterling LLP on

On September 26, 2017, the United States Court of Appeals for the Second Circuit overturned the political corruption conviction of the former majority leader of the New York State Senate, Dean G. Skelos, and his son, Adam B....more

Cattle Rustling, Blackmail, and Punitive Damages in Texas

by Strasburger & Price, LLP on

In a case that reads like an episode of “Dallas,” the Texas Supreme Court reiterated the rules for recovery of punitive damages. Bennett v. Grant, No. 15-0338 (April 28, 2017)....more

Southern District Of New York Allows Putative Securities Fraud Class Action To Proceed Against Company That Pleaded Guilty To FCPA...

by Shearman & Sterling LLP on

On September 19, 2017, Judge Andrew L. Carter, Jr. of the United States District Court for the Southern District of New York allowed a putative securities fraud class action to proceed against VEON Ltd. (“VEON”), a...more

DTSA Does Not Create a Private Civil Cause of Action for Conspiracy to Commit Trade Secret Theft

The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret. Specifically,...more

Second Circuit Majority in U.S. v. Martoma Eliminates Proof of Financial or Other Personal Benefits to Tipper for Conviction

by BakerHostetler on

On Aug. 23, 2017, the United States Court of Appeals for the Second Circuit issued a split decision in United States v. Martoma, upholding a portfolio manager’s insider trading conviction and finding that a tippee need not...more

Of Dead Sea Scrolls and Criminal Impersonation

Golb v. Attorney General, No. 16-0452-pr (Jacobs, Leval, Raggi), arises out of unusual facts—forged emails by a proponent of one side of an academic dispute—and reaches an unusual result. On habeas review, the Second Circuit...more

DOJ Prosecution of Heir Location Service Providers Dismissed on Statute of Limitations Grounds

by McDermott Will & Emery on

The US Department of Justice (DOJ) Antitrust Division’s criminal case against an heir location service provider collapsed when the US District Court for the District of Utah ruled that the government’s Sherman Act § 1 case...more

The New Illinois Supreme Court Database – Reviewing the Data

by Sedgwick LLP on

Yesterday, we announced the completion of a substantial expansion to the Illinois Supreme Court’s database. Today, we review the full list of data points included in the database....more

Second Circuit Reverses Itself on Insider Trading

by Bryan Cave on

Stock traders who thought they could trade freely on gifts of inside information so long as the givers were not their close friends should rethink their strategy. The U.S. Court of Appeals for the Second Circuit this week...more

Second Circuit’s ruling in United States v. Allen strikes blow to cross-border enforcement efforts

by Dentons on

The Second Circuit’s recent decision in United States v. Allen has created a potentially serious obstacle to the United States’ cross-border enforcement efforts. The court ruled that the Fifth Amendment prohibits the...more

How Often Did the California Supreme Court Reverse Death Penalty Judgments (Part 1)?

by Sedgwick LLP on

Earlier this week, we began our review of the Illinois Supreme Court’s record with death penalty appeals between 1990 and the abolition of the death penalty in 2011.  Today and tomorrow, we’re comparing the California Supreme...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

by Hinshaw & Culbertson LLP on

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In...more

Cleo Daily, et al., v. City of Phoenix, et al.

Jones, Skelton & Hochuli Attorneys John Masterson and Justin Ackerman obtained a summary judgment on behalf of their client in a case involving a police shooting. On April 20, 2013, a man living in the complex, later...more

Government Dismisses All Charges In Benjamin Wey Securities Fraud Case After U.S. District Judge Suppresses All Evidence Obtained...

by Shearman & Sterling LLP on

On August 8, 2017, the Government moved to dismiss all charges against Benjamin Wey, the CEO of New York Global Group charged with securities fraud, wire fraud, conspiracy, and money laundering. United States District Court...more

Seventh Circuit Upholds First Spoofing Conviction Against High-Frequency Trader

by Shearman & Sterling LLP on

On August 7, 2017, the Seventh Circuit upheld the conviction of Michael Coscia, founder of Panther Energy Trading LLC, for a market manipulation tactic known as “spoofing,” under Section 6c(a)(5)(C) and 13(a)(2) of the...more

Seventh Circuit Upholds First-Ever “Spoofing” Conviction

On August 8, 2017, a three-judge panel of the US Court of Appeals for the Seventh Circuit unanimously upheld the first-ever criminal conviction of a New Jersey futures trader for the manipulative trading practice known as...more

Texts and Message Apps Are Changing Internal Investigations

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most...more

Encyclopedia Brown and the Fraudulent Font: New Data Types Continue to Play a Major Role in Investigations

by Exterro, Inc. on

As a kid, I loved the Encyclopedia Brown stories, which were about a boy who ran his own detective agency and solved mysteries (for a fee of 25 cents) that arose in his school and around town. One story I remember in...more

Between Bridges: Federal Appeals Court Upholds Conviction and Sentencing of First Person Criminally Charged for Spoofing Under...

Yesterday, Michael Coscia’s criminal conviction and sentencing for spoofing was unanimously upheld by a three-judge Federal Court of Appeals panel in Chicago, Illinois....more

Personal Jurisdiction: A New Battlefront in Corporate Criminal Cases

by Jones Day on

The U.S. Supreme Court in recent years has been steadfast in cabining the authority of state courts to assert personal jurisdiction over corporate defendants in civil cases. In 2017, the Court has continued this trend on...more

Jones Day’s Review of Business-Related Cases in the Supreme Court’s October Term 2016

by Jones Day on

During what many have labeled a “quiet Term,” the U.S. Supreme Court, working with only eight justices for most of the session, still delivered at least 30 rulings of particular interest to business and industry. These...more

RICO Madness: The Nuisance of Owning and Operating a Marijuana Facility

by Snell & Wilmer on

On June 7, 2017, the Tenth Circuit Court of Appeals issued its opinion in Safe Streets Alliance, et al. v. Hickenlooper, et al., (No. 16-1048), an opinion that could open the doors to property use litigation involving...more

Second Circuit Overturns Convictions, Dismisses Indictments In LIBOR Case Due To Taint Of Testimony Compelled By Foreign...

by Shearman & Sterling LLP on

On July 19, 2017, the United States Court of Appeals for the Second Circuit overturned the convictions of Anthony Allen and Anthony Conti, former traders at Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A. (“Rabobank”)...more

Second Circuit Hands Government a Major Setback in LIBOR Fraud Case

by Bryan Cave on

On July 19, 2017, the United States Court of Appeals for the Second Circuit issued a decision that could impact prosecutions of corporate employees that result from multi-jurisdictional investigations, such as those involving...more

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