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Alien Tort Case Developments: Three Recent Decisions

Alien Tort GavelIn July, we posted about two recent decisions by federal appellate courts that sought to define the parameters of the “touch and concern” standard established by the Supreme Court in its 2012 decision in...more

Judge Rules to Limit Mandatory Detention of Immigrants in California

On Thursday May 15, United States District Court Judge for the Northern District of California, Yvonne Gonzalez Rogers granted a motion for a preliminary injunction and motion for class certification in Preap v. Holder, a...more

Blowing the Whistle on the Whistleblower: When a Whistleblower Takes Confidential Documents

As you may have read in our previous blog post, prudent employers should embrace the “righteous whistleblower” in service of their culture of compliance. But what is an employer to do when a whistleblower has engaged in...more

New Jersey Court Rules Individual Can Be Criminally Prosecuted for Taking Confidential Information to Support Civil Whistleblower...

In 2010, the New Jersey Supreme Court created a qualified privilege for an employee taking documents to support an employment discrimination suit. However, this past December, in State of New Jersey v. Ivonne Saavedra, the...more

Transportation, Distribution & Logistics Alert: September 2013

In This Issue: Pennsylvania’s Appellate Court Concludes Lifetime CDL Disqualification Was Proper and NLRB's New Ruling Could Spell Trouble in Harassment Investigations Excerpt from Pennsylvania’s Appellate...more

Fee Caps Do Not Apply to Prisoners Defending Judgment on Appeal

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

Homeless Court Getting Ready To Offer Justice and Hope In Birmingham

Our Birmingham office had the honor last week of hosting a training conference for those who will be participants in the operation of a new Homeless Court in the City of Birmingham Municipal Court....more

I was just served with a notice to appear at a hearing concerning a restraining order against me, what should I do?

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 Email: ...more

AUDIT OF THE DRUG ENFORCEMENT ADMINISTRATION’S ADOPTIVE SEIZURE PROCESS AND STATUS OF RELATED EQUITABLE SHARING REQUESTS

EXECUTIVE SUMMARY of the OIG Report: During law enforcement operations, state and local law enforcement agencies often seize assets and proceeds from assets linked to criminal activity. The purpose of the seizures...more

Criminal Court System

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

California Employment Law Notes - May 2012

In This Issue: - Employers Need Only Provide (Not Ensure) Meal And Rest Breaks Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004 (2012) - Employees Did Not Violate Federal Statute By Misappropriating...more

Exemption From Criminal Liability Of Family Members For Certain Crimes

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

What is the result if I do not comply with a court order?

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

CARTER VS. BIGELOW

MEMORANDUM DECISION AND ORDER GRANTING MOTIONS TO STRIKE AND DENYING MOTION TO AMEND AND RENEWED MOTION TO STAY

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

Reactie op internetconsultatie: 'Herziening toezicht advocatuur'

De kritische noot die wij hier kraken ziet op de invoeging van het nieuwe artikel 11a Advocatenwet, en dan met name het eerste lid van het artikel. De formalisering van de geheimhoudingsplicht van de advocaat is een zet met...more

Sound Investigation Policy and Employer Liability in Race and Sex Harassment Cases

Implementing policies prohibiting race and sexual harassment in the work environment is not enough. Too many employers I come across in my work as a lawyer do not have any form of investigation policy attached to their...more

Ken Berry: Litigation Paralegal and Award-Winning Prisoner Advocate

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

Missouri Veterinary Medical Board v. Gray

Motion for Summary Judgment

Accused by a government agency of engaging in criminal activity, Brooke Gray has for months been fighting to be given the constitutional protections usually afforded to the criminally accused: a presumption of innocence, the...more

Missouri Veterinary Medical Board v. Brooke Gray and B&B Equine Dentistry

Defendants' Response to Motion in Limine

The Missouri Veterinary Medical Board has accused Brooke Gray of committing the criminal offense of practicing veterinary medicine without a license. Rather than initiate a criminal proceeding, however, the Board is seeking...more

Hamrick v. United States, et al, U.S. District Court for DC, Case No. 10-857-JDB, Amended Admiralty/RICO Act Complaint

Admiralty/RICO Act Case for Second Amendment Rights of U.S. Seamen

Second Amendment right to keep and bear arms in intrastate, interstate, and maritime travel from a U.S. merchant seaman's point of view. Case started as a simple judicial review of the U.S. Coast Guard's Final Agency Action...more

Animal Law Update

Animal Law Update - August 2010...more

The Reprecussions of Anonymous Juries

Although anonymous juries have been de rigueur in cases of national prominence, their use in routine matters is a recent trend. The Repercussions of Anonymous Juries examines the increasing use of anonymous juries and the...more

Missouri Veterinary Medical Board v. Gray

Defendants' Sur-Reply to Petitioner's... Motion in Limine

The Missouri Veterinary Medical Board filed suit seeking to enjoin Brooke Gray from filing sharp enamel points from horses' teeth, which the Board argues constitutes the practice of veterinary medicine, which is a criminal...more

Application: C.W.P. No. 1257 of 2008

Civil Misc. Application in the PIL highlighting Police - Drug Mafia nexus

Civil Miscellaneous application under Section 151 of the Civil Procedure Code is being filed in the light of new facts which have emerged about the nexus of Police with Drug mafia SO AS TO REITERATE THE PRAYER made in the...more

STJ - Recurso Especial n. 872.630 - RJ

Excesso de Prisão preventiva e indenização

Decisão do Superior Tribunal de Justiça que reconheceu ao réu o direito à indenização por danos morais, decorrentes da ilegalidade da prisão preventiva, seja porque após...more

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