News & Analysis as of

Hobbs Act

Corporate Investigations and White Collar Defense - July 2016

“Official Acts”—What They Are… and Are Not - Why it matters: On June 27, 2016, the Supreme Court decided McDonnell v. U.S., holding that, for purposes of the federal public corruption statutes, an “official act”...more

The McDonnell Case: Limitations on public corruption prosecutions and a victory for the social compact of representative...

by Dentons on

On Monday June 27, 2016, the US Supreme Court published a unanimous opinion reinforcing what is quickly becoming a contemporary trend in both public corruption and campaign finance regulation cases across the country. By...more

Supreme Court Unanimously Reverses McDonnell Conviction

by Williams Mullen on

Earlier this week the United States Supreme Court handed former Virginia Governor Bob McDonnell a big victory by reversing his 2014 conviction for “accepting payments, loans, gifts, and other things of value from [Johnnie]...more

Supreme Court unanimously overturns public corruption conviction of former Virginia Governor: routine political courtesies such...

by DLA Piper on

In a highly anticipated decision, on June 27, 2016, the Supreme Court narrowed the definition of “official acts,” making it substantially more difficult for the Justice Department to prosecute bribery and other public...more

The Supreme Court - June 2016 #7

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: McDonnell v. United States, No. 15-474: Former Virginia Governor Robert McDonnell and his wife, Maureen McDonnell, were federally indicted...more

High Court Clarifies “Official Act” in Former Gov. Bob McDonnell Decision

by Best Best & Krieger LLP on

Today’s U.S. Supreme Court decision overturning the bribery convictions of former Virginia Gov. Bob McDonnell should come as a no surprise to anyone versed in the high Court’s recent public corruption jurisprudence. However,...more

Leading a Briber On Isn't the Same as Accepting a Bribe: How Gov. McDonnell Beat His Corruption Rap

by Sands Anderson PC on

The Supreme Court has reversed Gov. Bob McDonnell's conviction for bribery under the Hobbs Act. In ruling his conviction must be set aside, the High Court conceded the case was "distasteful," but unanimously concluded that...more

Supreme Court Decides McDonnell v. United States

by Faegre Baker Daniels on

On June 27, 2016, the Supreme Court of the United States decided McDonnell v. United States, No. 15-474, holding that under the Hobbs Act and federal honest services fraud statute, the “official act” that is exchanged for...more

The Supreme Court - June 2016 #5

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases today: RJR Nabisco, Inc. v. European Community, No. 15-138: The European Union and 26 of its members filed an action in District Court against...more

Corporate Investigations and White Collar Defense - June 2016

Eye on the Supreme Court—Corruption and Fraud Edition - Why it matters: This session, the Supreme Court has undertaken the review of numerous cases that raise thorny issues arising in the white collar context. In our...more

“Take Me Out to the Ballgame?” Asked the Inspector: Saying “Yes” May Now Be a Federal Crime

by K&L Gates LLP on

Imagine this hypothetical: A local fire marshal says to Mary Jones, who runs the residence halls at a major university, “It must be nice having seats at the Saturday football games.” Mary gets the message and thinks that if...more

Quid Pro Quo and FCPA Enforcement

by Thomas Fox on

Yesterday on the podcast, the FCPA Compliance and Ethics Report, I posted the full oral argument from the Supreme Court in the case of McDonnell v. US (shout out to Web Hull for sending it to me), which is the appeal of the...more

Supreme Court Hears Oral Argument in McDonnell Public Corruption Case

by Williams Mullen on

Last week, United States Supreme Court Justice Stephen Breyer framed the overarching issues facing the Court during oral argument in United States v. McDonnell this way: “One, political figures will not know what...more

The Supreme Court - May 2016

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued one decision on May 2, 2016: Ocasio v. United States, No. 14-361: Petitioner Samuel Ocasio, a former police officer, was tried and convicted under the Hobbs Act for...more

Supreme Court Decides Ocasio v. United States

by Faegre Baker Daniels on

A defendant may be convicted of conspiring to violate the Hobbs Act, 18 U. S. C. §1951, based on proof that the defendant reached an agreement with the owner of the property in question to obtain that property under color of...more

Supreme Court Agrees to Review Definition of “Official Act” in McDonnell Appeal

by Williams Mullen on

Late last week the United States Supreme Court agreed to take up former Virginia Governor Bob McDonnell’s appeal from his 2014 conviction in a widely followed public corruption prosecution. The outcome of this appeal could...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Fall 2015 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global Business and...more

What's the FCC's "Capacity"?

by Baker Donelson on

Most attorneys involved in consumer finance litigation are aware the Federal Communications Commission (FCC) is charged with implementing and enforcing the Telephone Consumer Protection Act (TCPA). Although the FCC's duties...more

The World in US Courts - Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities:...

We are pleased to announce the Summer 2015 issue of The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law To Global Business and Cross-Border Activities. This issue discusses 13 new decisions that...more

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

by Ballard Spahr LLP on

The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more

6th Circuit Rules Prior Express Consent Defeats Mortgagor TCPA Claim Against Lender

by Carlton Fields on

On August 21, the Cincinnati-based United States Court of Appeal for the Sixth Circuit issued its ruling in Hill v. Homeward Residential, Inc., 2015 WL 4978464 (6th Cir. August 21, 2015), and affirmed a jury verdict...more

Eleventh Circuit Addresses TCPA Again: Confirms Validity of 1992 FCC Ruling on “Prior Express Consent”

by Burr & Forman on

It would be difficult to identify a federal circuit court of appeals that has released a larger number of influential consumer finance decisions in the last year than the Eleventh Circuit. And last week, the court continued...more

Political Logrolling Approved by Seventh Circuit

by Williams Mullen on

It has been a banner season for politically important public corruption rulings. Two weeks ago the Fourth Circuit issued its opinion upholding the conviction of former Virginia Governor Bob McDonnell. Now the Seventh Circuit...more

Public Officials Face Greater Scrutiny in Wake of McDonnell Decision

by Williams Mullen on

Governor McDonnell’s attorneys put it this way: The Governor’s acts weren’t “official” because “none were any more remarkable than acts that governors unthinkingly take hundreds of times weekly for countless constituents,...more

Eleventh Circuit Reverses Mais

by Carlton Fields on

In what promises to have significant implications for litigation under the Telephone Consumer Protection Act (TCPA), the Eleventh Circuit Court of Appeals reversed the decision issued by Judge Robert Scola of the Southern...more

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