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Reversal Criminal Prosecution

Zuckerman Spaeder LLP

The U.S. Supreme Court Rejects Bronx DA’s Attempted End-Run Around Confrontation Clause

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In Hemphill v. New York, the U.S. Supreme Court held that the defendant “did not forfeit his confrontation right merely by making [a] plea allocution arguably relevant to his theory of defense.” The Court rejected the attempt...more

Butler Snow LLP

Court of Appeals Reversals from a Criminal Perspective | Jim Huggler | Texas Appellate Law Podcast

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While trial and appellate practice are different in many ways, attorneys who understand each one are better at both. On the criminal side, Jim Huggler has managed to balance both a trial and appellate practice representing...more

Holland & Hart - Your Trial Message

Voir Dire on Content, Not Effect: Lessons from the Tsarnaev Appeal

We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more

Dechert LLP

Health, safety and working conditions in France / First semester of 2020

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This newsletter reviews five notable court holdings over the last semester. Moral harassment: the employer's investigation is valid even if all victims have not been interviewed (Cass, Soc., 8 January 2020, n°18-20.151) ...more

Dorsey & Whitney LLP

The Supreme Court - May 7, 2020

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Kelly v. United States, No. 18-1059: When the mayor of Fort Lee, New Jersey refused to back then-Governor Chris Christie’s reelection campaign, the Governor’s Deputy Chief of Staff, Bridget Anne Kelly, and others punished the...more

Dechert LLP

Play to Win: Judge Overturns FCPA Guilty Verdict

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Key Takeaways - Connecticut District Court Judge Arterton on February 26, 2020, granted a post-trial motion to acquit Lawrence Hoskins of one count of conspiracy to violate the FCPA and six counts of violating the FCPA. ...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 2. Privacy Briefs: February 2020

Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more

Allen Matkins

State Of Formation Does Not Define Securities Law's Jurisdiction

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A common misconception is that the securities laws of an issuer's state of formation govern all offers and sales of that issuer's securities. In California, however, the application of the state's securities laws turns on...more

Dorsey & Whitney LLP

The Supreme Court - June 21, 2019

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The Supreme Court of the United States issued four decisions this morning:   North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, No. 18-457: North Carolina law imposes a tax on any trust income...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides McDonough v. Smith

On June 20, 2019, the United States Supreme Court decided McDonough v. Smith, No. 18-485, holding that the statute of limitations for a fabricated-evidence claim under 42 U.S.C. §1983 begins to run when the criminal...more

Bass, Berry & Sims PLC

FCA Medical Necessity Cases May Stand on Firmer Footing After Recent Appellate Decisions

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In recent years, healthcare providers have increasingly faced civil and criminal enforcement actions premised on the allegation that services billed to government healthcare programs were not medically necessary. As a result,...more

Bass, Berry & Sims PLC

Second Circuit Rejects DOJ Theories on FCPA Conspiracy and Jurisdictional Allegations

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In a much-anticipated decision, the U.S. Court of Appeals for the Second Circuit ruled Friday that the Foreign Corrupt Practices Act (FCPA) did not apply to a foreign national acting outside the United States without direct...more

A&O Shearman

Former Forex Trader Successfully Avoids Extradition From The UK Through Appeal To UK's High Court Of Justice

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On July 31, 2018, the High Court of Justice of England and Wales, Queen’s Bench Division, rejected the United States (“U.S.”) government’s request to extradite a former FX trader and the former head of a bank’s foreign...more

Dorsey & Whitney LLP

The Supreme Court - May 29, 2018

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The Supreme Court of the United States issued its rulings in three cases today: Lagos v. United States, No. 16-1519: The Mandatory Victims Restitution Act of 1996 requires that defendants convicted of certain offenses...more

Patterson Belknap Webb & Tyler LLP

Sneaking Isn’t Laundering: Second Circuit Reverses Money Laundering Conviction for Insufficient Evidence of Intent to Disguise

In United States v. Rodriguez, a panel of the Second Circuit (Judges Katzmann, Walker, and Bolden (D. Conn., sitting by designation)) reversed the conviction of a defendant for money laundering....more

Patterson Belknap Webb & Tyler LLP

Violation of supervised release sentences must be reasonable

On February 9, 2018, the Second Circuit issued a summary order vacating a sentence imposed for a violation of supervised release. United States v. Kalaba, 17-328, involved a defendant who had been convicted for credit card...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Remands for New Trial Based on District Court’s Improper Exclusion of Advice-of-Counsel Testimony

In United States v. Scully, 16-3073-cr (Pooler, Lynch, Cogan[1]), the Second Circuit vacated the defendant’s conviction for various offenses, including mail and wire fraud, conspiracy to defraud the United States, the sale of...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Best Best & Krieger LLP

California Supreme Court Clarifies Who is Liable for Prosecution for Misuse of Public Funds

California Supreme Court Clarifies Who is Liable for Prosecution for Misuse of Public Funds - A public official need not be in charge of public funds to be convicted of misappropriating them, the California Supreme Court...more

Williams Mullen

Supreme Court Unanimously Reverses McDonnell Conviction

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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

Sands Anderson PC

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

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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

McDermott Will & Emery

If Considered Material, False Statements Made to Federal Regulatory Bodies Create Exposure to Criminal Liability - United States...

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The U.S. Court of Appeals for the Tenth Circuit reversed a conviction for making a false statement to the U.S. Patent and Trademark Office (USPTO), holding that a false statement is not material if it could not influence the...more

Locke Lord LLP

Fifth Circuit Holds that Migratory Bird Treaty Act Does Not Apply to Incidental Takes - What It Means for Energy Developers

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On September 4, 2015, the Fifth Circuit Court of Appeals reversed the misdemeanor convictions of Citgo Petroleum Corporation and Citgo Refining and Chemicals Company, L.P. (collectively Citgo) for “taking” migratory birds in...more

Blank Rome LLP

Ninth Circuit Reverses Tax Fraud Conviction Where Returns Were Not “Filed” With Internal Revenue Service

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Yesterday the Ninth Circuit addressed the question of whether an individual can be convicted of filing false tax returns pursuant to 26 U.S.C. 7206(1) where the tax returns in question were tendered to an IRS agent during an...more

Best Best & Krieger LLP

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

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

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