News & Analysis as of

Criminal Prosecution Burden of Proof

Oberheiden P.C.

U.S. Supreme Court Overturns Doctors’ Opioid Convictions in Ruan v. United States, Paving the Way for Additional Appeals

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On June 27, 2022, the U.S. Supreme Court issued an important decision for doctors who have been convicted of violating the federal Controlled Substances Act in connection with the nation’s opioid crisis. In Ruan v. United...more

Oberheiden P.C.

Federal Indictment? Five Potential Outcomes and Five Potential Defenses

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If you have received a federal indictment, you are facing a serious set of circumstances. Unless you are able to have your indictment dismissed, you will go to trial on federal charges, and you will be at risk for facing...more

Skadden, Arps, Slate, Meagher & Flom LLP

OMB Announces Best Practices for Regulatory Enforcement and Adjudication

On August 31, 2020, the Office of Information and Regulatory Affairs (OIRA), within the Office of Management and Budget (OMB), issued a memorandum to all executive departments and agencies on reforming regulatory enforcement...more

Dechert LLP

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

Dechert LLP on

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 - June 21, 2019

Dorsey & Whitney LLP on

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

Littler

Puerto Rico Supreme Court Holds that an Employee’s Felony Indictment Constitutes Just Cause for Termination

Littler on

The Puerto Rico Supreme Court (PRSC) recently held that that a felony indictment constitutes just cause for termination under Puerto Rico’s Unjust Dismissal statute, Act No. 80 of May 30, 1976 (Act 80)....more

Burns & Levinson LLP

Asset Forfeiture; a Commentary on the Legal Marijuana Industry’s Achilles Heel

Burns & Levinson LLP on

Given the United States’ current political climate, bi-partisan unity has become a seemingly rare occurrence, especially in the country’s highest court. That’s what makes the Supreme Court’s recent decision in Timbs v....more

Bass, Berry & Sims PLC

Chris Lazarini Discusses High Burden of Proof When Co-conspirator Requests Severance of Case

Bass, Berry & Sims attorney Chris Lazarini discussed the case in which a defendant in an alleged fraud scheme moved to sever his case from those of his alleged co-conspirators. The court denied the motion since the defendant...more

McManis Faulkner

A Memorable Case

McManis Faulkner on

I have tried many cases over a 50-year period, but the one which received the most worldwide attention was “The Elephant Case”. The case arose in August, 2001, at the San Jose Arena, where Ringling Brothers Barnum & Bailey...more

Dorsey & Whitney LLP

The Supreme Court - June 2016 #7

Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: McDonnell v. United States, No. 15-474: Former Virginia Governor Robert McDonnell and his wife, Maureen McDonnell, were federally indicted...more

Foley & Lardner LLP

An Employee Stole Your Trade Secrets but You Cannot Prove It. Now What?

Foley & Lardner LLP on

Consider the following, relatively uncommon scenario: an employee stole your trade secrets and went to work for a competitor. You know the employee did it, you just cannot prove it. Even with the best forensic analysis it is...more

Best Best & Krieger LLP

BB&K Police Bulletin: Burden of Proof on Government in Request for Return of Property Not Considered Contraband

Ninth Circuit Decides There Must Be “Legitimate Reason” for Retaining Property - Overview: The Ninth Circuit recently held that, once a criminal investigation or prosecution is completed, the government bears the...more

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