Fifth Amendment

Supreme Court Settles Fifth Amendment Required Records Issue in Context of Offshore Bank Accounts

by Jay Nanavati | BakerHostetler on 5/21/2013

On May 13, 2013, the Supreme Court denied a taxpayer’s petition for certiorari regarding the Seventh Circuit’s August 27, 2012, decision applying the Required Records Exception to override the taxpayer’s Fifth Amendment...more

Chrysler Dealers File Brief Opposing Government’s Takings Appeal

by Nancie G. Marzulla on 5/14/2013

Nearly 150 former Chrysler dealers whose franchises were terminated as part of the Government’s TARP restructuring of Chrysler today filed their brief opposing the Government’s interlocutory appeal of their taking case in the...more

Accounting Firm Sues Fifth Circuit for Takings of Fees

by Nancie G. Marzulla on 5/1/2013

On March 3, 2013, Marcum LLP, a professional services firm that specializes in forensic accounting and financial litigation support services, filed a Fifth Amendment takings claim in the U.S. Court of Federal Claims for the...more

CFC Dismisses Takings Claims Based on Allegations of Government Wrongdoing

by Nancie G. Marzulla on 4/25/2013

In Meschkow v. United States, the plaintiff, an attorney, argued that that Government had taken his property without just compensation when it disclosed the contents of an Order to Show Cause that had been sealed as...more

Keep Calm and Remain Silent if You Are Arrested

by Law Offices of Adrian H. Altshuler &... on 4/24/2013

If you are arrested, it is important to avoid panicking and to think clearly to make sure your rights are secured. The Fifth Amendment gives you the right to refuse to discuss allegations with police. Although you may feel...more

Using the Privilege: Fifth Amendment Fundamentals for Corporations

by Jonathan Cavalier, Hayes Hunt | Cozen O'Connor on 4/24/2013

Most in-house lawyers, if they're fortunate, haven't bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called "nickel" typically arises solely in the criminal context, and...more

Avoid Getting Between A Rock And A Hard Place: Don’t Become A Client’s Surrogate In Communicating With The Government

by David F. Axelrod, Adam M. Galat | Shumaker, Loop & Kendrick, LLP on 4/9/2013

Sometimes, even seemingly innocuous acts can cause intractable problems. In one recent tax case, United States v. Matsa, S.D. Ohio No. 09-297, 2010 WL 117548 (Oct. 19, 2010), a simple letter from an attorney to the government...more

Regulatory Takings: Monks v. Rancho Palos Verdes Revisited (Again)

by Brad Kuhn | Nossaman LLP on 4/2/2013

For those of you who have followed Nossaman's blog since the very early days, you'll recall our coverage of a significant regulatory takings case, Monks v. City of Rancho Palos Verdes. The 2008 California decision received...more

Supreme Court Could Strike Down Defense of Marriage Act

by Aaron Kase | Lawyers.com on 3/28/2013

The U.S. Supreme Court heard two hours of arguments today over the Defense of Marriage Act, which bans federal recognition of same-sex marriage....more

Supreme Court Hears Oral Argument in Horne v. USDA

by Brad Kuhn | Nossaman LLP on 3/28/2013

Over the past several months, we've been following some of the recent takings cases that have made their way up to the United States Supreme Court. So where do things currently stand?...more

BB&K Police Chief Bulletin: Involuntary Confession - Involuntary Confession Induced by False Promise of Leniency Inadmissible

by Paul A. Cappitelli, G. Ross Trindle III | Best Best & Krieger LLP on 3/27/2013

Overview: A California appellate court recently ruled that an involuntary confession motivated by an officer’s false promises of leniency was not admissible at trial. During the interrogation, the officer repeatedly asserted...more

Bills on Use of Mobile-Device-Location Data Reintroduced

by Brad Guyton | Davis Wright Tremaine LLP on 3/26/2013

Updating our entry on this issue posted during the last Congress, on March 21, 2013, lawmakers in the House and Senate reintroduced companion bills intended to curb government use of mobile users’ geolocation data. The...more

Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required...

by Nicholas J. Nastasi, Matthew Smith | Saul Ewing LLP on 3/25/2013

The Eleventh Circuit recently joined the Fifth, Seventh, and Ninth Circuits in holding that subpoenaed foreign financial records properly fall within the Required Records Exception to the Fifth Amendment privilege against...more

Appellate Notes: Week of March 18, 2013

by Edward McCreery III | Pullman & Comley, LLC on 3/22/2013

In This Issue: - SC18921- Redding Life Care, Inc. v. Redding - SC18846- Bauer v. Bauer - SC18947- State v. Charlotte Hungerford Hospital - AC34075- Carrillo v. Goldberg - AC33764- Alarmax...more

White Collar Watch - March 2013

by Andrea P. Brockway, Brett S. Covington, Christopher R. Hall, Nicholas J. Nastasi, Gregory G. Schwab, Brian Simons, Matthew Smith | Saul Ewing LLP on 3/22/2013

In This Issue: - Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required Records Exception to Fifth Amendment Privilege - Supreme Court...more

Just Compensation Clause of the Fifth Amendment is Alive and Well in Guam

by Nancie G. Marzulla on 3/21/2013

The Territory of Guam has only a non-voting Delegate in the U.S. House of Representatives and no Electoral College votes for the U.S. President, but the Just Compensation clause in the Fifth Amendment of the U.S. Constitution...more

Follow Up on IRWA/Appraisal Institute "2012 Eminent Domain Year in Review" Presentation

by Rick Rayl | Nossaman LLP on 3/20/2013

For those of you who attended the joint meeting today between Chapter 1 of the International Right of Way Association and the Appraisal Institute, we promised to post a cheat sheet that reminds you about the cases associated...more

Federal Circuit Defines Relevant Parcel for Penn Central Takings Analysis

by Nancie G. Marzulla on 3/19/2013

Earlier this year, the Federal Circuit held that a single parcel owned by the plaintiff was the relevant parcel against which the impact of the Corps of Engineers’ denial of a § 404 wetlands dredge and fill permit is to be...more

Eminent Domain News from the State Capitol

by Thomas Forestier | Winstead PC on 3/18/2013

Multiple bills regarding the power and exercise of eminent domain, both generally and by common carriers, have been filed during the current Texas legislative session. Below, please find a list of those bills with a brief...more

Left Out in the Cold: New Jersey Court Holds Condemning Authority Not Required to Negotiate with Lenders in Eminent Domain...

by Krystyna Blakeslee | Dechert LLP on 3/5/2013

Early last month, in Borough of Merchantville v. Malik & Son, LLC, 429 N.J. Super. 416 (App. Div. 2013), the New Jersey appellate court held that a condemning authority, under the State’s eminent domain law, was not required...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters