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Notice of Appeal - Summer 2024

A jury convicted Defendant of health care fraud offenses after a series of delays in her trial date, due to the COVID-19 pandemic and a Superseding Indictment that was filed 11 weeks before trial. During these delays,...more

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - March 2024

Defendant and his co-conspirators firebombed an informant’s house and killed several individuals. Six weeks into their trial on related charges, the Government disclosed that one of the defense attorneys previously worked as...more

Notice of Appeal - Summer 2023 - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers

Practice Note- Third Circuit Adopts 5:00 PM Filing Deadline- Effective July 1, 2023, the Third Circuit amended its local rules to require all filings, with the exception of those initiating a new appeal or other...more

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - Spring 2023

Court Determines That ‘Obviously Wrong’ Crime Does Not Require Proof of Blameworthy Intent- United States v. Heinrich (January 23, 2023), No. 21-2723- http://www2.ca3.uscourts.gov/opinarch/212723p.pdf Unanimous decision:...more

Third Circuit Rejects “Intended Loss” as Basis to Sentence Economic Crimes

On Tuesday, the Third Circuit issued a decision that will substantially impact the sentences imposed for federal fraud offenses. In United States v. Banks, the Court rejected the so-called “intended loss” rule in the Federal...more

Notice of Appeal - Spring 2020

Background - A Company received a grand jury subpoena under the Stored Communications Act (“SCA”) seeking information about an employee of one of the Company’s customers, who was the target of a criminal investigation. The...more

Notice of Appeal - January 2020

Last fall, in United State ex rel. Silver v. Omnicare, Inc. (3d Cir. 2018), the Third Circuit addressed the False Claims Act’s public disclosure bar. The Court held that a qui tam relator’s claim is not barred by reliance on...more

Notice of Appeal - October 2019

Precedential Opinions of Note - Court Remands Habeas Petition for Evidentiary Hearing on Potential Constitutional Violations - BACKGROUND - A jury convicted Defendant of burglary, robbery, and felony-murder. The...more

Notice of Appeal - July 2019

Precedential Opinions of Note - Court Overturns Narcotics Conviction for Lack of Evidence of Drug Quantity - United States v. Rowe (April 2, 2019), No. 18-1192 - Unanimous decision: Fisher (writing), Smith, and McKee...more

Notice of Appeal - Spring 2019

Precedential Opinions of Note - District Court Lacked Authority to Dismiss Indictment After Two Mistrials - United States v. Wright (January 17, 2019), No. 17-1972 Majority decision: Shwartz (writing) and McKee Dissent:...more

Notice of Appeal - Winter 2019

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

DOJ Issues Guidance Emphasizing Importance of Remedial Action to Corporate Monitorship Decisions

Under new Justice Department guidance, corporate defendants have a crucial, time-sensitive window to implement remedial changes independently to potentially avoid the imposition of a government-required monitor to oversee...more

Notice of Appeal - October 2018

Precedential Opinions of Note - Third Circuit Affirms Constitutionality of New Jersey’s Non-Monetary Bail Reform - Holland v. Rosen (July 9, 2018), No. 17-3104 http://www2.ca3.uscourts.gov/opinarch/173104p.pdf Unanimous...more

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