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Executive Order: Cybersecurity Skill Gap in Federal Government

Last week President Trump issued an executive order targeted at improving the quality of the federal government’s cybersecurity workforce. The executive order—which acknowledges the shortage of qualified employees for...more

Yet Another Proposal to Require Disclosure of Board’s Cyber Expertise

Before investing in a company, would you want to know whether the board of directors had cybersecurity expertise? A bipartisan group of senators have proposed a bill, Senate Bill 592, that would require every public...more

Galanis Appeal Leads To Limited Remand To Determine Whether Counsel Was Ineffective

The appeal in United States v. Galanis, 17-629 (Sack, Parker, Chin) resulted in a limited remand in a summary order so that the district court can determine whether there was ineffective assistance of counsel. The facts of...more

“King for a Day”

In a decision extolling jurors’ use of “common sense” to evaluate insider trading charges, the Second Circuit affirmed the conviction of Robert Schulman in United States v. Klein (Schulman), No. 17-3355. ...more

Gupta Summary Order Republished As Opinion

Earlier this week, we discussed the Second Circuit’s summary order in the insider trading appeal by Rajat Gupta. Gupta was convicted in S.D.N.Y. as part of the string of successful prosecutions brought during the tenure of...more

Rajat Gupta’s Insider Trading Conviction Affirmed

In a brief summary order issued yesterday, the Second Circuit denied Rajat Gupta’s collateral attack on his insider trading conviction in Gupta v. United States, Nos. 15-2707(L), 15-2712(C). ...more

Canada’s New Breach Notification Law: A Global Reach?

We’ve blogged previously about the patchwork of state data privacy laws, and the challenges it poses for multinational businesses. Now, U.S. companies need to beware of our neighbor to the north as well: Canada has enacted a...more

Circuit Affirms Conviction under Biological Weapons Act

In United States v. Le, No. 16-819, the Second Circuit considered the constitutionality of the Biological Weapons Anti-Terrorism Act of 1989 and whether it can reach “purely local” conduct. The panel (Sack, Raggi, Gardephe,...more

What New York Businesses Need to Know About California’s New Data Privacy Law

As the home of Facebook and other tech giants, California recently found itself in the center of a data privacy firestorm. In response to this and other controversies emanating from Silicon Valley’s technology community,...more

Second Circuit’s Lambus Decision Analyzes the Admissibility of Wiretap and GPS Evidence

On July 25, 2018, in United States v. Lambus, No. 16-4296 (Kearse, Livingston, Jeffrey Meyer, D.J.), the Second Circuit issued a lengthy decision analyzing two questions related to the suppression of GPS data from an ankle...more

Second Circuit Reverses Immigration Proceeding Based on Constitutional Violation, Criticizes Immigration Enforcement Based on...

In the context of an appeal from a decision of the Board of Immigration appeals, Zuniga-Perez v. Sessions, the Second Circuit (Pooley, Wesley, Chin, C.JJ) ruled that a search conducted by law enforcement personnel violated...more

Second Circuit Reverses Trial Court Rulings Suppressing Wiretap and GPS Evidence

On July 25, 2018, in United States v. Lambus, No. 16-4296 (Kearse, Livingston, Jeffrey Meyer, D.J.), the Second Circuit issued a lengthy decision reversing pretrial rulings suppressing evidence obtained from wiretaps and GPS...more

When Is a Controlled Substance Not a Controlled Substance?

Human Chorionic Gonadotropin is a hormone produced during pregnancy that is prescribed as part of some fertility treatments and, less legitimately, sold as a dieting aid. In New York, it is considered a controlled substance,...more

United States v. Smith

The Second Circuit issued an amended opinion in United States v. Smith (Cabranes, Winter, Restani by designation). Both the original decision, which we covered on the blog earlier this year and the amended decision held that...more

Second Circuit Rejects Coin Dealer’s Coram Nobis Petition

Robert du Purton was convicted of mail fraud and conspiracy to commit mail and wire fraud in 2001 for participating in an “elaborate scheme of fraudulent representations” in his rare coin business. According to trial...more

Equifax Breach Costs Stack Up

How much does a data breach cost? One independent study estimated that, on average, the cost to an organization of a data breach in the U.S. was $7.35 million in 2017. But recent financial disclosures from Equifax Inc. show...more

Second Circuit Addresses Victims’ Rights, Restitution, and Asset Forfeiture in Insurance Context

In a case arising out of the CityTime scandal, the Second Circuit issued a thoughtful opinion addressing the operation of restitution and asset forfeiture on victims of white-collar crime. ...more

Second Circuit Clarifies Venue Requirements for Securities Fraud

On August 15, 2016, the Second Circuit issued a rare opinion on the subject of the sufficiency of evidence to establish venue in United States v. Lange, No. 14-2442-cr (Jacobs, Chin, Droney). ...more

New York Launches Mid-Term Election Cyber Initiative

Cybersecurity will remain at the top of New York State’s regulatory agenda this year. In his annual State of the State address last week, New York Governor Andrew M. Cuomo called for new measures to defend against...more

Of Dead Sea Scrolls and Criminal Impersonation

Golb v. Attorney General, No. 16-0452-pr (Jacobs, Leval, Raggi), arises out of unusual facts—forged emails by a proponent of one side of an academic dispute—and reaches an unusual result. On habeas review, the Second Circuit...more

Of Dead Sea Scrolls and Criminal Impersonation

Golb v. Attorney General, No. 16-0452-pr (Jacobs, Leval, Raggi), arises out of unusual facts—forged emails by a proponent of one side of an academic dispute—and reaches an unusual result. On habeas review, the Second Circuit...more

Affirmance in Drug Conspiracy Trial Considers Sufficiency of the Indictment and Evidentiary Rulings

United States v. Gill, No. 15-4444-cr(L) (Livingston, Chin, Carney), a decision in a drug trafficking and murder conspiracy appeal, offers several interesting rulings on evidentiary and trial practice issues that arose out of...more

Second Circuit Vacates Sentence Based on Failure to Apply the Categorical Approach

In United States v. Genao, No. 16-924 (Katzmann, Lynch, Chin), the Second Circuit examined the application of the categorical approach to a prior burglary conviction that indisputably involved threats of physical harm but...more

Circuit Reverses Over-Expansive Forfeiture Order

On July 7, 2017, the Second Circuit (Jacobs, Leval, Raggi) issued a short summary order in United States v. Stegemann. Most of the order is dedicated to affirming the defendant’s conviction at trial on several drug and...more

Convictions Affirmed in Drug Robbery Conspiracy

In United States v. Martinez, Nos. 14-2759, 15-511, 15-836, 15-1001, 15-3699 (Kearse, Jacobs, Pooler), issued on July 7, the Second Circuit affirmed the convictions of several co-conspirators in a decade-long scheme where at...more

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