Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
In Woods v. Carey the Ninth Circuit Court of Appeals decided a case on the recovery of attorney fees in the context of a prisoner defending a judgment on appeal....more
Both civil and criminal agencies charged with enforcing U.S. laws have turned increasingly to broad based use of "asset freeze orders." Legal counsel and their clients should understand the issue, particularly as there is a...more
Two years ago, we anticipated a growing problem with jurors who disregard trial judges’ instructions concerning Internet use. In July 2011, we reported on the first known prosecution of a juror in Great Britain for...more
Double agents. Bribery. Top-secret industrial facilities. Code words. An undercover FBI operation, complete with a wire. The DuPont v. Kolon Industries trade secrets trial had all the elements of a spy novel...more
The False Claims Act (FCA), which allows both the government and whistleblowers to seek treble damages for claims of civil fraud on the United States, is a powerful tool. In the past two years, the government has aggressively...more
In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of Maine denied the plaintiffs’ motion to certify a...more
Court of Appeal affirmed trial court's determination that making a loan based on a false promise to repay amounted to theft by false pretense, and Penal Code 496 therefore applied, entitling the victim to recover treble...more
In addition to the criminal penalties which stem from a fraud based convictions, a court may also order a convicted defendant to pay restitution. “The purpose of restitution . . . , however, is not to punish the defendant,...more
The solicitation of employees by competitors is a frequent problem for companies in Germany. Many companies actively pursue a so-called “war for talents” and sometimes unlawful means are used for the purpose of soliciting...more
If you have just been served a notice about a restraining order, you should read this post, and fast!
Contact: George E. Bourguignon, Jr., Esq.
Phone: (508) 769-1359 or (413) 746-8008
Originally published in InsideCounsel.com on August 23, 2012.
How Can a Victim Obtain Relief Through Forfeiture?
Forfeited property generally goes to the government to spend in whatever manner it sees fit. However...more
My office phone rings and it’s one of my favorite clients. We just finished working on an appeal of a resident discharge and were expecting the Division of Medical Assistance hearing officer decision any day. I felt pretty...more
We recently blogged about the recent decision of the U.S. Court of Appeals for the 11th Circuit in Securities and Exchange Commission v. Goble, 2012 WL 1918819 (11th Cir. May 29, 2012). There, we discussed the appeals...more
In November 2009, a federal jury in Brooklyn acquitted Ralph Cioffi and Matthew Tannin of securities fraud charges arising from the failure of their hedge fund at Bear Stearns. The case was noteworthy because it was one of...more
The following contains some pertinent information that might be of help to you as you become involved in the criminal justice system as a victim or witness.
Apprehension and Arrest of the Accused
There are three basic...more
The mother of slain University of Virginia student Yeardley Love has filed a Wrongful Death lawsuit against her murderer, George Huguely, in the Circuit Court for Charlottesville, VA, according to multiple news outlets. I...more
The Sixth Circuit has held that a group of transportation workers have a property right in their entitlement to workers' compensation benefits under Michigan law, and that the denial of their workers' compensation claims may...more
Article II Section 12 of the Constitution provides that the State shall protect and strengthen the family as a basic autonomous social institution. As a policy of the State, it is the duty of the State to fortify the union of...more
When is a breach of contract also fraud? When the party never intended to perform.
So how do you get into the mind of the defendant to determine if he intended to perform when he signed the agreement? Thankfully,...more
A new federal court ruling creates an avenue for employees to rely on the Sarbanes-Oxley Act (SOX) to pursue retaliation claims under the Racketeer Influenced and Corrupt Organizations Act (RICO).
RICO was originally...more
If you are unsure how to comply with a court order or have been accused of contempt of court or are wondering what could happen if it is found that you did not comply with a court order, then you want to give this your...more
Prospective Client Questionnaire \ Khayoumi Law Firm | Albuquerque, NM | (505) 333-8613 ...more
In a case of first impression, the United States District Court considered a crime victim's representative's right under federal law to proceeding free from unreasonable delay. The court granted (1) both the victim's...more
A description of Swiss law on the recognition of foreign trusts and of tools available under Swiss law to challenge them....more
I wrote this Paralegal Spotlight for Paralegal Today (July/Sept 2010) featuring Ken Berry, a litigation paralegal and award-winning prisoner advocate. Incarcerated for eight years due to a wrongful conviction, Berry turned...more