For those persons in the midst of a federal “white collar” criminal investigation, an oftentimes crucial – and always difficult – decision is whether to “proffer” to the government. That decision just became tougher in any...more
The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not eliminate a liability insurer’s duty to defend against a federal prosecution...more
With hordes of rabid TV pundits baring their fangs each time they smell a sensational trial in the air, it is sometimes hard to remember that in America — unlike in the media — the accused is always assumed to be innocent...more
In August 2012, sweeping legislation became effective that expands the ability of New York State to collect genetic material from those convicted of crimes....more
The US Court of Appeals for the Second Circuit recently upheld a district court’s refusal to release nearly $4 million in assets frozen by the Securities and Exchange Commission and the Commodity Futures Trading Commission to...more
You see the lights flash and hear the siren. As the source of the lights dawns on you, you pull over, trying to get yourself together. And why are those lights so bright? A knock on the window, an unsteady exit from the car,...more
According to The Innocence Project, nobody knows just how many innocent people are sitting in prison after being wrongly convicted. This organization works tirelessly with defendants who believe they were wrongly convicted to...more
In Stanley J. Tessmer Law Corporation v The Queen, 2013 TCC 27, Justice Paris of the Tax Court of Canada confirmed that the general GST charging provision in section 165 of the Excise Tax Act, R.S.C. 1985, c. E-15 (the “ETA”)...more
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