News & Analysis as of

Civil Procedure Criminal Law

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Supreme Court agreed to hear the appeal from the D.C. Circuit of Raymond J. Lucia Companies on the question of whether the Constitution’s Appointments Clause applied to SEC ALJs. While the Court will presumably resolve...more

Double Jeopardy Argument Fails in Ponzi Fraud

by Bennett Jones LLP on

In R. v. Samji, 2017 BCCA 415 [Samji], the B.C. Court of Appeal decided that a $33-million administrative monetary penalty (AMP) assessed by the province’s Securities Commission against a person who had run a massive Ponzi...more

Understanding eDiscovery in Criminal Cases, Part Two: eDiscovery Best Practices

by CloudNine on

...Because more than 90 percent of documents today are generated in electronic format, ESI is becoming more and more prominent in criminal matters, especially white collar criminal cases. But many attorneys who take on a...more

Supreme Court Certiorari Grants: Winter 2018 Term

by Faegre Baker Daniels on

1. Redistricting. Abbott v. Perez, Nos. 17-586 & 17-626. Do Texas’s Congressional districts treat racial minorities unconstitutionally? When the district court ordered the parties to appear at a hearing to redraw the...more

Understanding eDiscovery in Criminal Cases: eDiscovery Best Practices

by CloudNine on

...Criminal cases have long been thought of as an arena devoid of electronic discovery issues. In fact, in 2012 eDiscovery expert Craig Ball wrote in a column regarding the then recently published “Recommendations for...more

UK Employer Vicariously Liable for Employee Data Breach

by Katten Muchin Rosenman LLP on

The supermarket chain Morrisons, has been found to be vicariously liable for an employee’s data breach, in a decision which extends the scope of vicarious liability. A senior IT auditor at Morrisons, named Skelton, unlawfully...more

Chancery Adopts Federal Test to Determine Whether to Stay a Civil Case Based on a Criminal Investigation

by Morris James LLP on

Neither the Delaware Supreme Court, nor other Delaware state courts have “articulated a specific test” to analyze whether to stay a civil case based on the pendency of a criminal case or investigation. The federal courts...more

Dante’s Guide: Preparing the Grand Jury Witness

...The grand jury witness finds himself or herself in a position not unlike that of the Italian poet at the beginning of his trek through the Divine Comedy. The federal grand jury is one of the most powerful, secret and...more

The Supreme Court - December 11, 2017

by Dorsey & Whitney LLP on

On Friday, the Supreme Court granted certiorari and agreed to hear arguments in seven cases: China Agritech, Inc. v. Resh, No. 17-432: Whether the rule from American Pipe and Construction Co. v. Utah, 414 U.S. 538 (1974),...more

SEC Suffers Loss in Insider Trading Case

by Dorsey & Whitney LLP on

The SEC lost an insider trading case last week against the CEO of Delta Petroleum, Roger Parker. SEC v. Parker, Civil Action No. 1:12-cv-02839 (D. Col.). The complaint centered on to allegations of illegal tipping in two...more

White-Collar Motive, Gun Crazy Movie

In 1950, producers Frank and Maurice King released Gun Crazy, a sometimes surreal Bonnie-and-Clyde story with an introverted, pacifist gun lover (Barton Tare, played by John Dall) and an English femme fatale sharpshooter...more

Whistleblower Status Up For Debate Before SCOTUS: Digital Realty Trust Inc. v. Somers

The nation’s top court will soon decide a key aspect of how employers should handle employee complaints about possible fraud or financial wrongdoing in the company that may violate federal laws. These situations provide...more

Second Circuit Construes Civil RICO's "Domestic Injury" Requirement

by Jones Day on

The Background: A Chilean plaintiff filed a civil RICO action against a Chilean defendant based on the latter's pattern of misappropriation of the former's assets. The Issue: The defendant sought to dismiss the action...more

Health Update - November 2017

Fraud and Abuse 2017: Understanding Trends and Avoiding Actions - Editor’s Note: In a recent webinar for Bloomberg BNA, Manatt examined game-changing fraud and abuse trends and cases—and revealed strategies for avoiding...more

Corporate Investigations and White Collar Defense - November 2017

Insider Trading: Once More Into the Breach - Why it matters: On Aug. 23, 2017, the Second Circuit decided U.S. v. Martoma, in which the court affirmed a tippee’s conviction in an insider trading case based on the Supreme...more

Here’s the Powerpoint and Recommended Reading From “Litigation Analytics and Appellate Law”

by Sedgwick LLP on

Earlier today, I had the pleasure of joining the Appellate Lawyers’ Association lunchtime meeting to talk about Litigation Analytics and Appellate Law: What the Numbers Tell Us About the Illinois and California Supreme...more

New York State Enacts Comprehensive Criminal Conviction Sealing Law

by Epstein Becker & Green on

Enacted through the 2017-2018 New York State Budget, and effective October 7, 2017, a new law in New York State makes it possible for individuals convicted of certain criminal offenses to have up to two convictions sealed....more

The Supreme Court - November 13, 2017

by Dorsey & Whitney LLP on

Today, the Supreme Court granted certiorari in the three cases: Minnesota Voters Alliance v. Mansky, No. 16-1435: Is Minnesota Statute Section 211B.11, which broadly bans all political apparel at the polling place,...more

Business Litigation Report - October 2017

October 2017: Second Circuit Immunity Decision Upends Cross-Border Criminal Investigations - The Second Circuit Court of Appeals’ recent decision in United States v. Allen, --- F.3d ----, 2017 WL 3040201 (2d Cir. July 19,...more

UK Supreme Court Redefines Criminal Dishonesty Test

by Latham & Watkins LLP on

The UK Supreme Court has unanimously ruled that the criminal dishonesty test in R v Ghosh is wrong and that courts should no longer follow this test. The recent decision in Ivey v Genting Casinos clarifies that the test for...more

Congressional Investigations Alert - October 2017

House Passes Resolution to Expand Congressional Subpoena Power and Demand Extraordinary Compliance from its Targets - Yesterday, the House passed a bill that could expand Congress’s investigative authority and...more

MoFocus: Our Insights into the Risk + Crisis Landscape - Vol.1 Issue. 2

by Morrison & Foerster LLP on

Arrest of a Chinese National on Hacking Charges Illustrates How U.S. Tactics Are Changing to Meet the New Cyber Threat - In August, Yu Pingan, a Chinese national, was arrested on charges that he conspired to acquire and...more

False Start On The Offense - Why the 5th Circuit Flagged the NFLPA for Illegal Procedure in the Ezekiel Elliott Case

by Miller Canfield on

After further review, the ruling of a Texas district court was overturned by the 5th Circuit Court of Appeals on Oct. 12, 2017, with the Court of Appeals vacating an injunction order that kept Dallas Cowboys running back...more

Second Circuit Overturns Convictions Of Former Senate Majority Leader Dean Skelos And His Son Based On Supreme Court's McDonnell...

by Shearman & Sterling LLP on

On September 26, 2017, the United States Court of Appeals for the Second Circuit overturned the political corruption conviction of the former majority leader of the New York State Senate, Dean G. Skelos, and his son, Adam B....more

Cattle Rustling, Blackmail, and Punitive Damages in Texas

by Strasburger & Price, LLP on

In a case that reads like an episode of “Dallas,” the Texas Supreme Court reiterated the rules for recovery of punitive damages. Bennett v. Grant, No. 15-0338 (April 28, 2017)....more

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