News & Analysis as of

Convictions

Searcy Denney Scarola Barnhart & Shipley

Boating Under the Influence: Statistics, Examples and Tips

Florida leads the nation in the number of recreational boats, with over 1 million registered in 2022 according to a report of the Florida Fish and Wildlife Conservation Commission (“FWC”). And, according to the U.S. Coast...more

Moore & Van Allen PLLC

Challenging Prosecutors' Use Of Defendants' Jail Phone Calls

Moore & Van Allen PLLC on

Pretrial detention imposes severe burdens on a defendant's ability to prepare for trial. One such burden is that the prosecution may receive, without a warrant, recordings of the defendant's electronic communications,...more

Fox Rothschild LLP

Banning Animal Ownership After Cruelty Convictions: A Necessary Measure or a Path to Inequity?

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Post-conviction ownership bans for animal abuse are a recognized potential legal consequence in at least forty states. In New Jersey, Moose’s Law, a bill which has been proposed since 2012, would prohibit people convicted of...more

Seward & Kissel LLP

99 Problems, Putting in Work, Sacramento Bee, Same Sad Story, and Unappealing Prospects

Seward & Kissel LLP on

Retailer 99 Cents Only Files for Bankruptcy, Plans to Shut Down | Reuters - Budget retailer 99 Cents Only filed for Chapter 11 bankruptcy protection in Wilmington, Delaware, and stated that it plans to shut down all of its...more

ArentFox Schiff

Federal Jury Convicts Six Defendants of Obstructing Access to Reproductive Health Services Facility in Violation of the FACE Act...

ArentFox Schiff on

On January 30, a federal jury found six people guilty of federal civil rights offenses arising from their participation in a blockade of a reproductive health care clinic in Mount Juliet, Tennessee. The jury’s verdict is...more

McDermott Will & Emery

Fourth Circuit Holds Per-Se Rule Does Not Apply in Bid-Rigging Case

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A three-judge panel from the US Court of Appeals for the Fourth Circuit overturned an executive’s bid-rigging antitrust conviction, holding that the district court erred in applying the per se standard to the executive’s...more

Holland & Knight LLP

Federal Judge Cites Ambiguous Coding Guidance, Vacates Doctor's Healthcare Fraud Conviction

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A federal judge recently exposed weaknesses in the U.S. Department of Justice's (DOJ) criminal healthcare fraud enforcement efforts by vacating a jury's conviction of a prominent Maryland doctor. On Aug. 4, 2023, a federal...more

ArentFox Schiff

Investigations Newsletter: Federal Judge Rules Government Must Demonstrate “But-For” Causation for Anti-Kickback Statute Claims

ArentFox Schiff on

Federal Judge Rules Government Must Demonstrate “But-For” Causation for Anti-Kickback Statute Claims - On September 27, 2023, Chief Judge Dennis Saylor of the US District Court for the District of Massachusetts ruled that...more

Foley Hoag LLP - Cannabis and the Law

Four Veterans File Suit Against New York’s OCM Over Claims That Its Process Prioritizes Applicants with Prior Marijuana...

A group of four military veterans last week filed a lawsuit in New York State Supreme Court against the New York’s Office of Cannabis Management (“OCM”), claiming that the agency’s rules that prioritize applicants with prior...more

Rodemer Kane Attorneys at Law

Colorado's Booming Cannabis Industry: A Look at Recent Reforms and Record Clearing

Since its legalization in 2014, Colorado's cannabis industry has experienced unprecedented growth, surpassing $10.5 billion in total sales. The first quarter of 2021 alone saw marijuana sales exceeding $560 million, according...more

Dechert LLP

First Circuit Overturns Conspiracy Convictions in Varsity Blues College Admissions Case

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The First Circuit applied a narrow definition of “bribery” for honest services fraud under 18 U.S.C. § 1346. Payments made to the purportedly harmed party in the alleged bribery scheme—here, the universities—cannot...more

Lippes Mathias LLP

United States Supreme Court Unanimously Overturns Fraud Convictions

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In September 2016, the United States Attorney for the Southern District of New York charged, among other defendants, former New York Governor Andrew Cuomo’s campaign manager, Joseph Percoco, not-for-profit Fort Schuyler...more

McGlinchey Stafford

Marijuana & Banking: What’s the Hold Up? Pt. 1 – Conflicting Legal Landscapes

McGlinchey Stafford on

Today, nearly four-fifths of the United States have regulated medical marijuana markets. Nearly half of the United States, consisting of twenty-one states along with Washington, D.C. and Guam, have acted to legalize...more

Foley Hoag LLP

Former University of Kansas Professor Sentenced for Making False Statements on Conflict of Interest Disclosure Form

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Last month, former University of Kansas Professor Feng “Franklin” Tao was sentenced to time served and two years of supervised release for making false statements in the University of Kansas’s conflict of interest and...more

McGlinchey Stafford

Employers: Clock is Ticking to Update Marijuana Policies

McGlinchey Stafford on

With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the...more

Rodemer Kane Attorneys at Law

Everything You Need To Know About Ignition Interlock Device Rules & Regulations In Colorado

If you are convicted of DUI in Colorado, you will be subject to a number of criminal penalties, including the potential for jail time. However, it does come with restrictions regarding a driver's driving privileges, including...more

Paul Hastings LLP

Top PHive Crypto Enforcement Notes: December Edition

Paul Hastings LLP on

Well, it was another quiet month in crypto . . . Not. We are still watching the tsunami play out in real time, as governments and the crypto market react to another seismic shift in the crypto landscape....more

Patterson Belknap Webb & Tyler LLP

An Unexpected Dispute Delays the DOJ’s First No-Poach Conviction and Other Recent Developments in its Labor-Market Antitrust...

The DOJ’s efforts to prosecute alleged wage-fixing and employee non-solicitation agreements have continued to develop over the last few months. Most notably, the DOJ nearly secured its first criminal conviction on a no-poach...more

Perkins Coie

DOJ Procurement Collusion Strike Force Revs Up in 2022

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Continuing its prolific run of indictments, guilty pleas, and convictions, on July 13, 2022, the U.S. Department of Justice (DOJ) Procurement Collusion Strike Force (PCSF or Strike Force) secured a guilty plea from a Texas...more

Smith Gambrell Russell

SCOTUS: Prosecutors Must Prove “Subjective” Knowledge to Convict Doctors Under the Controlled Substances Act

On June 27, 2022, the United States Supreme Court clarified the “knowingly or intentionally” standard for criminal prosecutions against doctors accused of overprescribing addictive medications in violation of the Controlled...more

Perkins Coie

Cannabis Legal Report - June 2022

Perkins Coie on

Cannabis: In Focus - • Candy Companies Defend Their Trademarks, Consider THC Copycat Products a Health Hazard • Iowa Supreme Court Upholds Possession Conviction, Even With Out-of-State Registry Card... ...more

Husch Blackwell LLP

Wisconsin Supreme Court Confirms Approach to Evaluating Domestic Violence Conviction Record and Employment Obligations

Husch Blackwell LLP on

On March 10, 2022, in the case Cree Inc. v. Labor and Industry Review Commission (Cree), the Wisconsin Supreme Court issued a 4-3 opinion holding that the employer’s recission of a job offer based on a domestic violence...more

Fox Rothschild LLP

When Taking Your Kid Is A Crime

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We live in some extraordinary times; ones where citizens seem to think that they can or sometimes must take the law into their own hands. The idea that a parent could be guilty of a misdemeanor, let alone a felony, for...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Doubles Down on Expansive Application of Federal Fraud Statutes

In United States v. Percoco, the Second Circuit (Raggi, Chin, Sullivan) the Second Circuit affirmed the convictions of several defendants involved in the so-called “Buffalo Billion” scandal.  The charged crimes included three...more

Davis Wright Tremaine LLP

Obfuscating Mercy: How the California Supreme Court Finally Addressed Secretive Pardons

In May of 2021, the California Supreme Court in Administrative Order 2021-05-26 announced a rule change to make it easier for the public to view clemency files for twice-convicted felons. The new rule rejects the decades-old...more

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