Criminal Law

Timely Criminal Law information: news & analysis from the lawyers, firms and professionals publishing on JD Supra.

FEATURED News

Thankfully, We Now Have Many Laws To Protect The Elderly From Abuse In A Variety Of Settings. However, Laws Are Worthless, If The People For Whom They Are Intended To Help Are Unaware Of Them
Jonathan Rosenfeld - Nursing Home Abuse

Over the last 20 years, federal and state legislatures have drafted many laws with the intention of protecting the most vulnerable members of our society -- the elderly. As the laws accumulate, it is important to know what laws apply... more

	Latest Filings and Decisions
	U.S. v. Ahrndt Court Decision on Fourth Amendment and Open Wi-Fi Hotspots Doug Cornelius A child pornography suspect had no constitutionally protected privacy right in the files found on his personal computer, accessible by a neighbor who was piggybacking on his unsecured wireless network. "As a result of the ease and...... more
	In Re NSA Telecommunications Records Litigation (this document relates to Shubert v. USA) Judgment in Favor of Defendants and Against Plaintiffs Electronic Frontier Foundation This case is a class action alleging wholesale dragnet surveillance of ordinary Americans. Please see final judgment below and related documents for more information.... more
	Jewel v. NSA Judgment in Favor of Defendants and Against Plaintiffs Electronic Frontier Foundation In Jewel v. NSA, EFF is suing the NSA and other government agencies on behalf of AT&T customers to stop the illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications records. Jewel v....... more

	Most Recent Articles
	Lawsuit Alleges CNA At A Golen Living Center Sexually Abused Jonathan Rosenfeld - Nursing Home Abuse A recently filed lawsuit against Golden Living Centers in Merrillville, IN alleges that a CNA at the facility entered the room of a paralyzed stroke patient, took his clothes off and fondled the man against his will. Please see full...... more
	Guide to drafting a writ of habeas corpus Walter Reaves Most applications for habeas corpus are filed pro se. By the time the trial and appeals have been concluded, most people have exhausted their resources. The end result is that they have to file the writs on their own. They are left to...... more
	Evaluating a habeas case Walter Reaves After you have been convicted and your appeal denied many defendants turn to an application for writ of habeas corpus. Few people - including lawyers - know much about habeas law. This guide provide an overview of what types of claims...... more

	Commercial Law & Contracts
	Arrests Signal New Era in Enforcement Sheppard Mullin Richter & Hampton LLP Addressing the 22nd National Forum on the Foreign Corrupt Practices Act (FCPA) in November 2009, Assistant Attorney General Lanny Breuer issued the following warning: "the prospect of significant prison sentences....should make clear...... more
	SO YOU WANT TO BUY A BUSINESS: THE ROLE OF THE FCPA IN INTERNATIONAL ACQUISITIONS Thomas Fox The recession has lessened and all that cash your Company has been hoarding for the rainy days of the Obama years is burning a whole in your CEO’s pocket. He has his powder dry and is ready to make a big bang by going on a buying...... more
	FCPA Sentencing Box Score Thomas Fox Tfoxlaw is an avid baseball fan. As a child, he was taught how to keep score at professional baseball games by his Grandfather. This had two effects. The first was immediate; it kept him quiet at ballgames. The second is more long...... more

	International Law & Trade
	Data Privacy in China: Civil and Criminal Law Developments Morrison & Foerster LLP Data Privacy in China: Civil and Criminal Law Developments China, like many jurisdictions, has been grappling with the issue of how to protect personal information anddata at a time when information tools are becoming increasingly...... more
	Spanning the Globe to Bring You…22 FCPA Indictments Thomas Fox For those of you (and we know who we are) who came of age in the 1960s, you will remember ABC’s “Wide World of Sports” and its iconic opening of “Spanning the Globe to bring you the thrill of victory and the agony of defeat” (I still...... more
	Effective FCPA Compliance and Ethics Training Thomas Fox “Conducting effective training programs” is listed in the 2005 Federal Sentencing Guidelines as one of the factors the Department of Justice will take into account when a company accused of an Foreign Corrupt Practices Act (FCPA)...... more

	Personal Rights
	The Expansion of Constitutional Right to Counsel by the US Supreme Court – Who Pays? Terence Lenamon According to the Sixth Amendment of the United States Constitution, "[i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence." What isn’t provided in this...... more
	The Cost of a Life: Can Florida Do the Right Thing? Representing the Indigent Accused of Crimes in Florida Courts Today Terence Lenamon The truth is that appointment of private practice attorneys at all levels of indigent defense is failing miserably as a solution to Florida’s right to counsel crisis. Without adequate funding for indigent defense counsel, the...... more
	The criminal trespass statute in Massachusetts; how you can address trespassing on your property George Bourguignon There may be someone that you don’t ever want to enter your property again. Or there may be someone you don’t want to enter your property at all, even once. In Massachusetts, there is a way to make it a criminal act if a particular...... more

	Science & Technology
	Advertising Law - December 18, 2009 Manatt, Phelps & Phillips, LLP IN THIS ISSUE: Spammer Gets Slammer Google Threatens Ad Scammers With Lifetime Ban Ad Groups Challenge Tobacco Ad Law Wrigley Asked to Stop Eclipse Gum Ad Claims Please see full newsletter below for more information.... more
	Government FCPA Enforcement “Intensely Focused” on Life Sciences Companies Morrison & Foerster LLP On November 12, 2009, Lanny Breuer, Assistant Attorney General for the Criminal Division of the Department of Justice, warned that in the “months and years ahead,” the Department of Justice will focus on “the application of the Foreign...... more
	Bribing Witnesses with Text Messages, Cell Phones and Fake Email Accounts Joshua Gilliland In People v. McInnis, the Defendant was convicted of attempted witness bribery. The Defendant attempted to keep witnesses from testifying against the Defendant’s nephew, in the nephew’s trial for robbery and kidnapping. People v....... more

	Securities Law
	SEC Announces New Cooperation Tools for Enforcement Miller & Martin PLLC On Wednesday, January 13, 2010, the Securities Exchange Commission (“SEC”) announced broad changes to the agency’s enforcement division. The changes come on the heels of prolonged criticism of the SEC for its failure to detect past...... more
	SEC Announces Enforcement “Game-Changers” Morrison & Foerster LLP Yesterday, the SEC announced important new steps it will be taking in seeking cooperation in Commission enforcement matters. Robert Khuzami, Director of the Division of Enforcement since February 2009, characterized the changes as “a...... more
	Securities Litigation and White Collar Defense Alert: Khuzami Announces Initiative To Encourage Cooperation by Individuals and Companies with SEC Investigations Mintz Levin On January 13, 2010, Securities and Exchange Commission (SEC) Director of Enforcement Robert Khuzami announced new tools that the SEC will be using to secure cooperation from individuals and companies in order to enhance its...... more

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