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Right To Counsel

Fox Rothschild LLP

Prenuptial Agreement Law Continues To Head In New Directions

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In July 2020 we wrote about a precedential decision called Lewis v. Lewis, 234 A.2d 707, 711 (Pa.Super.) where what might be described a “fairness in execution” doctrine appeared to be substituted for traditional notions of...more

Fox Rothschild LLP

Right to Counsel and Notice of Consequences of a Domestic Violence Finding is Required Before – Not After- the Finding

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Seems pretty obvious that if a court is going to explain the ramifications of the right to have counsel in a domestic violence matter and the ramifications of the entry of a finding of domestic violence and the entry of a...more

Law School Toolbox

Law School Toolbox Podcast Episode 330: Listen and Learn -- The Sixth Amendment

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Welcome back to the Law School Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Sixth Amendment to the Constitution and the rights and protections it provides to anyone accused of a criminal act. ...more

Law School Toolbox

Law School Toolbox Podcast Episode 323: Listen and Learn -- The Exclusionary Rule (Criminal Law and Procedure)

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Welcome back to the Law School Toolbox podcast! Today we're discussing a topic from Criminal Law and Procedure. Join us as we look at the exclusionary rule and Miranda warnings, grounded in the Fourth Amendment.  In this...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 157: Listen and Learn -- The Sixth Amendment

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Welcome back to the Bar Exam Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Sixth Amendment to the Constitution and the rights and protections it provides to anyone accused of a criminal act. ...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 154: Listen and Learn -- The Exclusionary Rule (Criminal Law and Procedure)

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today we're discussing a topic from Criminal Law and Procedure. Join us as we look at the exclusionary rule and Miranda warnings, grounded in the Fourth Amendment. In this...more

Kohn, Kohn & Colapinto LLP

Will Europe Fail to Protect Whistleblowers?

Pursuant to a Directive enacted by the European Parliament and Council, all 27 nations within the European Union (EU) must “bring into force” whistleblower protection “laws, regulations and administrative provisions” by...more

Fox Rothschild LLP

In A Reversal, Pennsylvania Will Now Allow Lawyers In Special Education Mediations

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Revising its prior guidance, the Pennsylvania Office for Dispute Resolution (ODR) will permit attorney participation in special education mediations beginning March 1, 2021. Pennsylvania was one of only two states that...more

Fox Rothschild LLP

Retention Of Counsel By Trustee Is Not An Absolute Right In Some Chapter 11 Cases

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How can you be an effective trustee appointed in a chapter 11 case if you cannot retain counsel when the case first begins? Well one bankruptcy court in North Carolina explained that a trustee’s retention of counsel is not an...more

Obermayer Rebmann Maxwell & Hippel LLP

For Landlords: Navigating the New Right to Counsel in Eviction Cases

On November 14, 2019, the Philadelphia City Council passed Philadelphia Code Chapter 9-808, “Legal Representation in Landlord Tenant Court.” This new law aims to curb evictions by implementing a right to counsel for covered...more

Farrell Fritz, P.C.

Brief Introductory Call with a Law Firm is Not Enough to Disqualify It From Representing Another Party in the Lawsuit

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Lawyers often get phone calls from prospective clients seeking guidance on various issues – general legal inquiries, asking a variety of general questions about laws, codes, regulations, and statutes, or questions concerning...more

Obermayer Rebmann Maxwell & Hippel LLP

Philadelphia City Council Proposed Right-To-Counsel Ordinance for Low-Income Tenants – What Does it Mean for Landlords?

On May 9, 2019, Philadelphia Councilwoman Helen Gym introduced an ordinance to provide the right to counsel for eligible tenants facing eviction. The proposed ordinance will amend Chapter 9-800 of The Philadelphia Code,...more

Proskauer - Proskauer For Good

The Right to Counsel in Civil Proceedings: An International Perspective

In the United States, people of limited means suffer a tremendous unmet need for legal services in civil proceedings. Why does the United States fall so far behind in providing that service in comparison with other western...more

Cozen O'Connor

Notice of Appeal - Winter 2019

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Precedential Opinions of Note - Third Circuit Holds Sixth Amendment Right to Counsel Applies Post-Sentencing - Richardson v. Superintendent Coal Township SCI (October 2, 2018), No. 15-4105 - Unanimous decision: Bibas...more

Orrick, Herrington & Sutcliffe LLP

DC Circuit Holds PCAOB Improperly Denied Target of Investigation Access to Expert Assistance

A D.C. Circuit panel unanimously ruled that the Public Company Accounting Oversight Board ("PCAOB") acted unlawfully by denying former Ernst & Young partner Marc Laccetti his right to bring an accounting expert to an...more

Patterson Belknap Webb & Tyler LLP

Circuit Remands Restitution Order for Further Consideration of Indigent Defendant’s Right to Counsel and Application for Expert...

In United States v. Torriero, the Second Circuit (Chin, Droney, Restani by designation) vacated by summary order a $765,561 restitution order relating to costs incurred by the EPA in cleaning up a property that the defendant...more

Cozen O'Connor

U.S. Supreme Court Rules for Immigrant Who Received Bad Advice from Lawyer

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On Friday, June 23, 2017, the U.S. Supreme Court ruled in favor of a green card holder who pleaded guilty to a crime based on faulty advice from his attorney. Jae Lee, 48, told the high court that he pleaded guilty to a crime...more

Kramer Levin Naftalis & Frankel LLP

Banking, Finance & Insurance Letter - Mars-Avril 2017

Portées des Q&A des AES - Le 21 mars 2017 la Commission Européen a lancé une consultation intitulée « Operations of the European Supervisory Authorities ». ...more

Robins Kaplan LLP

Don’t Fear the Reaper: Hiring Bankruptcy Counsel Won’t Be Held Against You

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Both bankruptcy practitioners and potential clients thereof can take comfort in a recent decision issued by the United States Court of Appeals for the Fifth Circuit. Last week, the Fifth Circuit concluded that hiring...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Rules That Defendant Who Pleads Guilty Mid-Trial May Testify as Cooperating Witness Against Former Co-Defendants

On Wednesday, February 15, the Second Circuit issued a published opinion in United States v. Barret, No. 12-4663(L) (Pooler, Hall, Carney), addressing an issue of first impression in the Circuit—whether testimony of a former...more

Dorsey & Whitney LLP

Supreme Court Rejects Challenge to the Use of Tribal-Court Convictions as Predicate Offenses in Federal Domestic Violence...

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On June 13, 2016, the Supreme Court issued a decision in United States v. Bryant, resolving a circuit split to hold that tribal-court convictions for domestic violence may be used as predicate offenses for the federal felony...more

Dorsey & Whitney LLP

The Supreme Court - June 2016 #3

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The Supreme Court of the United States issued decisions in three cases on June 13, 2016: - Puerto Rico v. Franklin Cal. Tax-Free Trust, No. 15-233: Under the Federal Bankruptcy Code, state bankruptcy laws that enable...more

Proskauer - Corporate Defense and Disputes

Supreme Court Clarifies That Untainted Assets Cannot Be Frozen Pre-Trial By The Government

Last week the Supreme Court further clarified the procedures and limits regarding the government’s ability to freeze assets in connection with criminal prosecutions. Following the 2014 decision in Kaley v. United States,...more

Dorsey & Whitney LLP

Supreme Court Holds Sixth Amendment Right to Counsel Limits Pre-Trial Asset Freezing

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Last week the Supreme Court in Luis v. United States, No. 14-419, 578 U.S. __ (2016) limited the government’s reach to freeze a criminal defendant’s assets before trial or other judicial proceedings. Justice Breyer, writing...more

Dorsey & Whitney LLP

Supreme Court: Government Cannot Restrain Untainted Assets

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Since the Supreme Court handed down its decisions in U.S. v. Monsanto, 491 U.S. 600 (1989) and Caplin & Drysdale, Chartered v U.S., 491 U.S. 617 (1989) is has been well established that a defendant’s Sixth Amendment right to...more

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