Criminal Procedure

News & Analysis as of

2016 Florida Legislative Post-Session Report

Carlton Fields’s Government Law and Consulting Practice Group released its 2016 Florida Legislative Post-Session Report detailing significant bills that passed during the 2016 Regular Session of the Florida...more

Suspicious Activity Reports: Why They Matter

The Bank Security Act (BSA) states that financial institutions have an obligation to aid law enforcement in identifying suspicious financial transactions through what is known as a Suspicious Activity Report (SAR). As banking...more

The Supreme Court - May 2016 #4

The Supreme Court of the United States issued decisions in three cases on May 31, 2016: Army Corps of Engineers v. Hawkes, No. 15-290: Three mining companies sought a permit under the Clean Water Act seeking to...more

Privacy Shield Update: A Recap of Recent Developments

On April 13, 2016, the Article 29 Working Party (WP29), an influential group of European data protection authorities, issued a non-binding opinion that criticized certain elements of the fledgling Privacy Shield framework....more

U.S. Supreme Court Proposes Change to Rules Applicable to Searches of Electronic Data

The United States Supreme Court — which establishes rules of civil and criminal procedure, subject to the objection of Congress — has proposed a significant amendment to the rules applicable to searches of electronic data...more

In Case You Missed It: Launch Links - April 2016 #4

Some interesting links we found across the web this week: - House of Representatives approves bill requiring warrants for email searches - It was a productive week on the Hill, as the House passed the Email...more

Testing The 5th: Compelled Testimony From Foreign Regulators

The circumstances of the prosecution of Anthony Allen and Anthony Conti exemplify how cross-border cooperation and parallel investigations can give rise to novel issues in a subsequent criminal trial. Allen and Conti were...more

SEC Prevails in Payton Insider Trading/Tipping Case

The SEC prevailed in its insider trading/tipping case against two New York brokers were Newman and its tipping standard was a key issue. SEC v. Payton, Civil Action No. 14 civ 4644 (S.D.N.Y.). On Monday a jury in New York...more

U.S. v. Microsoft – What you need to know about one of the most important privacy cases of the decade

The U.S. Court of Appeals for the Second Circuit has in its hands one of the most closely-watched privacy cases in recent memory. U.S. v. Microsoft addresses an issue of critical importance to U.S. businesses — whether...more

Beware the Feds: Emerging Risks to Health Care Executives Under the Yates Memo

Last month’s “Yates Memo” from the Department of Justice (DOJ) promises to be a game-changer in the world of government investigations and enforcement activity. While several U.S. Attorney Offices had been applying many of...more

Ninth Circuit Adopts New Standard for Discovery of Grand Jury Evidence

In In re: Optical Disk Drive Antitrust Litigation (ODD), the Ninth Circuit rejected the “effect test” in favor of a streamlined approach to evaluating civil discovery seeking grand jury evidence and allowed antitrust...more

Court Finds No Obligation for Plaintiff to Produce ESI in a Preferred Search Engine (Kentucky)

United States v. Meredith, 2015 WL 5570033 (W.D. Ky. Sept. 22, 2015)- In this criminal matter, the defendant brought a motion to compel the plaintiff to provide electronically stored information in a more usable format...more

United States v. Microsoft: ‘Global Chaos,’ Outdated Legislation And a Judge’s Plea to Congress

The Second Circuit’s challenge in considering the validity of a U.S. Stored Communications Act warrant to Microsoft for e-mails located on servers in Ireland involves interpreting the SCA, which was enacted nearly three...more

An Introduction to Victim Rights in Arizona

No one expects to be the victim of a crime. Regardless of the nature of the crime, victims and their family members often suffer significant emotional, psychological, financial, and physical trauma. Victims and their family...more

The 5th Amendment In Civil Practice: 3 Big Considerations

The right to remain silent and not testify at your own criminal trial is well known within the legal community and among the public. A defendant “taking the fifth” has been depicted in movies and television shows, and...more

New Florida Rule Requires Training for Attorneys Who Handle Adult Felony Cases

The Florida Supreme Court’s new rule of criminal procedure, Fla.R.Crim.P. 3.113, “Minimum Standards for Attorneys in Felony Cases,” takes effect May 16, 2016. It mandates training on Florida Rule of Criminal Procedure 3.220...more

Judge Posner’s suggestion in his concurrence in U.S. v. Boyce to rewrite the hearsay rule and its exceptions is generating a lot...

Judge Posner in the 7th Circuit, widely regarded as one of the more thoughtful judges, believes that “the ‘hearsay rule’ is too complex as well as being archaic.” In U.S. v. Boyce, Boyce was convicted of being a felon in...more

Second Circuit Reverses Probation Sentence in Unique Case

On July 9, 2014, the U.S. Court of Appeals for the Second Circuit issued a significant sentencing decision in United States v. Park. In doing so, the appellate court handed the United States a rare, albeit hollow sentencing...more

Criminal Procedure in Game of Thrones

Game of Thrones watchers know its quasi-Medieval Westeros as a remarkably harsh, unforgiving world. There’s just not a lot of room for error. In fact, if you’re a character and lose your head (figuratively), you just might...more

Maryland v. King: Possibly The Most Important Criminal Procedure Case in Decades

Many Supreme Court observers, including no less than Justice Samuel Alito himself, have described Maryland v. King as perhaps the most important criminal procedure case that the Court has decided in decades. While this may...more

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