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The risk of self-incrimination in cross-border disputes: The Mutual Legal Assistance in Criminal Matters Act (527)

In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 (“Clark”), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the “Act”). The order required...more

Current trends in the risk of self-incrimination in cross-border disputes

Cases such as Treat Canada Ltd. v. Leonidas, and Catalyst Fund General Partner I Inc. v. Hollinger Inc. show Canadian courts tend to avoid addressing the risk of self-incrimination in cross-border disputes head on in favour...more

$30, Four Opinions, and No Decision: The Province and Duty to Say What the Law Probably Is

Federal appellate courts ordinarily grant en banc hearings or rehearings only when “(1) en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or (2) the proceeding involves a question...more

Illinois Supreme Court Debates Automatic Revocation of Certain Health Professionals' Licenses

Our reports on the oral arguments of the May term of the Illinois Supreme Court conclude this morning with Consiglio v. Department of Financial and Professional Regulation. Consiglio involves a constitutional challenge to...more

Legal Updates for Government Entities Covering May and June 2014

Arizona Court of Appeals (heading) Immunity under A.R.S. § 12-820.03 Glazer v. State of Arizona, --P.3d--, 2014 WL949114 (Ariz.App. 2014) This case arises out of a cross-over crash on I-10 south of...more

Argument Report: Illinois Supreme Court Appears Skeptical of Due Process Challenge to Liquor License Revocation

The Illinois Supreme Court appeared skeptical of a due process challenge to revocation of a liquor license during the recent oral argument in WISAM 1, d/b/a Sheridan Liquors v. Illinois Liquor Control Commission. ...more

Supreme Court’s Decision in R v. Nedelcu and its Impact on Litigation Involving Both Civil and Criminal Components

R v. Nedelcu, 2012 SCC 59, is a recent Supreme Court of Canada decision which clarifies the scope of the right against self-incrimination, protected by section 13 of the Charter. The case considers the question of whether and...more

The risk of self-incrimination in cross-border disputes: The case of Canadian criminal proceedings and U.S. civil litigation

One scenario in which the jeopardy to the privilege against self-incrimination may arise is when an individual is facing criminal or regulatory proceedings in Canada at the same time as the individual is engaged in civil...more

New York’s Shield Law Follows New York Reporters Wherever They May Roam

On Dec. 10, 2013, the New York Court of Appeals resoundingly reaffirmed the important public policy underlying the New York statutory scheme that allows New York journalists to preserve the anonymity of their confidential...more

After Matarraz v. State, Florida Supreme Court Makes Juror Rehabilitation As To Bias Based On “Unfortunate Past Life Experience”...

In Matarranz v. State, So. 3d, 2013 WL 5355117 (Fla. Sept. 26, 2013), the Florida Supreme Court announced a dramatic change that will have a practical effect on jury selection in Florida. After Matarranz, a prospective juror...more

New California Law Protects Journalist’ Records Held By Third Parties

Journalists in California must now receive advanced notice if their records are being subpoenaed either directly from them or through a subpoena issued to a third party. California’s new law—an amendment to California Civil...more

Ethical Issues That Arise From Social Media Use In Courtrooms

With the rampant expansion of social media and online technologies over the past decade, it is no surprise that Facebook, MySpace, Twitter, Instagram, YouTube and blogs have made their way into the courtroom, pervaded the...more

Has Katz Become Quaint? Use Of Big Data To Outflank The Fourth Amendment

Introduction - On December 14, 2010, a federal court, upon a government motion, entered an order pursuant to the Stored Communications Act (SCA) requiring Twitter to turn over to the government subscriber information...more

State of Alabama v. Carlos Edward Kennedy

ORDER REGARDING ELECTRONIC DEVICES AND CONTACT WITH JURORS, POTENTIAL JURORS AND WITNESSES

The trend around the nation is for judges to ban the use of laptops, I-Phones, Blackberries and other electronic devices whether used by reporters or the public to report on the trial. This Order allows their use in the 13th...more

Counties in California Can Learn a Few Lessons from State on Inmate Health Care - BB&K Health Care Attorney Shares Tips on...

Inmates in the Riverside County jails served a federal class-action lawsuit last month, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. A...more

Weekly Law Resume - March 21, 2013: Ninth Circuit Holds that Jurisdiction Exists as to Homeless Individuals’ Eighth Amendment...

Bell, et al. v. City of Boise, et al. United States Court of Appeals for the Ninth Circuit March 7, 2013 Plaintiffs in this case are seven individuals who either are or have been homeless in Boise. They have all...more

Eleventh Circuit Court of Appeals Sustains Required Records Exception to the Fifth Amendment

On February 7, 2013, the U.S. Court of Appeals for the Eleventh Circuit affirmed the decision of the U.S. District Court for the Northern District of Georgia holding that the Required Records Exception overrides a...more

February 2013: Trial Practice Update

In This Issue: Court Rules Jury Voir Dire Must Be Public and Deprivation of Rebuttal Summation Leads to Reversal....more

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more

Ninth Circuit Interprets Fifth Amendment’s “Foregone Conclusion” Exception in IRS Summons Enforcement Case

On January 8, 2013, the United States Court of Appeals for the Ninth Circuit affirmed the decision of the U.S. District Court for the Northern District of California in the case of United States v. Sideman & Bancroft LLP. ...more

NCAA, et. al. v. Christopher J. Christie, et. al. (New Jersey Sportsbetting / PASPA Litigation)

Order: Denying New Jersey MTD and MSJ re NCAA, NFL, NBA, et. al. Legal Standing

Order: [Denying New Jersey MTD and MSJ re NCAA, NFL, NBA, et. al. Legal Standing] --- "This matter comes before the Court upon Plaintiffs’ “Motion for Summary Judgment and, If Necessary to Preserve the Status Quo, a...more

NCAA, et. al. v. Christopher J. Christie, et. al. (New Jersey Sportsbetting / PASPA Litigation)

Memorandum Opinion by Judge Shipp (21 Dec 2012): Ruling in favor of NCAA and Professional Sports Leagues' Legal Standing to sue...

MEMORANDUM OPINION (Shipp, District Judge) re Plaintiff Legal Standing -- Denying Defendant New Jersey's Motion to Dismiss and Motion for Summary Judgement: --- "This matter comes before the Court upon several motions...more

Grassley: HSBC Should Face Criminal Charges [Video]

Dec. 19 (Bloomberg Law) -- United States Senator Charles Grassley (R - Iowa) and Bloomberg Contributing Editor Neil Barofsky talk with Bloomberg Law's Lee Pacchia about HSBC's recent settlement with US authorities over claims...more

Second Circuit Holds First Amendment Bars Conviction Based Solely on Off-Label Promotion of FDA-Approved Drug

In its long-awaited decision in United States v. Caronia, the Second Circuit ruled today that the First Amendment bars the criminal prosecution of pharmaceutical manufacturers or their sales representatives for truthful,...more

US v. Pokerstars, et. al. (Christopher Ferguson)

CHRISTOPHER FERGUSON’S MEMORANDUM OF LAW JOINING HOWARD LEDERER’S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO DISMISS THE...

CHRISTOPHER FERGUSON’S MEMORANDUM OF LAW JOINING HOWARD LEDERER’S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT: ----- "Christopher Ferguson joins in Howard Lederer’s...more

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