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Patterson Belknap Webb & Tyler LLP

The Right to be Heard: Second Circuit Vacates Sentence of Criminal Defendant Denied Allocution

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In United States v. Lajeunesse, the Second Circuit (Leval, Chin, Lee) vacated the conviction of a criminal defendant denied an opportunity to personally address the court during his sentencing hearing....more

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers

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Precedential Opinions of Note- Conviction for Drug Distribution Overturned for Lack of Proof Playground Was ‘Open to the Public’...more

Freeman Law

Bare Bitcoins — No Fourth Amendment Privacy in Virtual Currency Records

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Virtual currency has been around for a number of years now, and yet many still believe virtual currency transactions provide a level of anonymity and privacy not afforded by other types of monetary transactions. That simply...more

Cozen O'Connor

Notice of Appeal - Spring 2020

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Background - A Company received a grand jury subpoena under the Stored Communications Act (“SCA”) seeking information about an employee of one of the Company’s customers, who was the target of a criminal investigation. The...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Defers Allegations of Attorney Relationship With Client’s Mother

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On June 5, 2017, in an opinion with facts that even the Court seemed to recognize read like the script for a straight-to-video movie, the Second Circuit (Jacobs, Sack, Carney) declined to overturn a defendant’s conviction and...more

Patterson Belknap Webb & Tyler LLP

In 2-1 Decision, Second Circuit Vacates Child Pornography Sentence as Substantively Unreasonable

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For the third time in the past year, the Second Circuit in United States v. Jenkins, No. 14-4295 (Kearse, Jacobs, Parker), has vacated as substantively unreasonable a sentence imposed under the sentencing guideline for child...more

Robinson+Cole Data Privacy + Security Insider

Third Circuit Holds Criminal Defendant in Contempt for Refusing to Decrypt Hard Drives

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In a precedential ruling, the Third Circuit Court of Appeals this week upheld a lower court’s ruling holding a criminal defendant in contempt for refusing to decrypt two external hard drives that were seized during a child...more

Butler Snow LLP

Recent Child Pornography Conviction May Not Be Used to Impeach Injured Truck Driver

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The Tennessee Court of Appeals, in Anderson v. Poltorak, No. M2015-02523-COA-R3-CV, filed December 29, 2016, has held that, although the plaintiff’s three (3) convictions for child pornography strictly qualified under Rule...more

Patterson Belknap Webb & Tyler LLP

In A Summary Order, Second Circuit Vacates 30-year Child Pornography Sentence on Substantive Reasonableness Grounds

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In United States v. Sawyer, No. 15-2276, the Second Circuit (Jacobs, Pooler, Crawford) vacated and remanded for resentencing a case involving a conviction for possession of child pornography. The decision rested on a finding...more

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