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Due Process Sixth Amendment

Cozen O'Connor

Democratic AGs Support Law Firms Subject to Executive Orders

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A group of 21 Democratic AGs filed amicus briefs in two cases pending in the U.S. District Court for the District of Columbia in support of law firms challenging President Trump’s Executive Orders imposing sanctions against...more

Dorsey & Whitney LLP

The Supreme Court Update - April 7, 2025

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Today, the Supreme Court of the United States granted certiorari in two cases: Ellingburg v. United States, No. 23-3129: This case addresses the Ex Post Facto Clause of the U.S. Constitution, which the government...more

ArentFox Schiff

Judge Rakoff Challenges Sentencing Guidelines: Upholding the Sixth Amendment

ArentFox Schiff on

On March 10, US District Judge Jed S. Rakoff of the Southern District of New York issued a decision in United States v. Tavberidze, holding that section 3E1.1(b) of the US Sentencing Guidelines, which provides a one-point...more

Jackson Walker

Major Case Alert: Is the Fifth Circuit About to Transform How Courts Apply Sentencing Guidelines?

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On January 24, 2023, the United States Court of Appeals for the Fifth Circuit will sit en banc to decide how much deference courts should give commentary to the U.S. Sentencing Guidelines. The full Court will do so in the...more

Jones Day

Personal Jurisdiction: A New Battlefront in Corporate Criminal Cases

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The U.S. Supreme Court in recent years has been steadfast in cabining the authority of state courts to assert personal jurisdiction over corporate defendants in civil cases. In 2017, the Court has continued this trend on...more

Dorsey & Whitney LLP

The Supreme Court - March, 2017

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The Supreme Court of the United States issued decisions in three cases yesterday: Rippo v. Baker, No. 16-6316: Petitioner Michael Damon Rippo moved to disqualify the Nevada state judge who presided over his criminal...more

WilmerHale

The Scope Of SEC Defendants' Jury Trial Right: Part 2

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This is the second of four articles examining the scope of the Seventh Amendment jury trial right for civil defendants in U.S. Securities and Exchange Commission enforcement actions. The previous article explained why the...more

WilmerHale

The Scope Of SEC Defendants' Jury Trial Right: Part 1

WilmerHale on

It has been settled law for some time now that the Seventh Amendment right to a jury trial in U.S. Securities and Exchange Commission enforcement actions extends to liability determinations. Unsettled is the question of...more

Carlton Fields

High Court Deals Major Blow To Criminal Defendants

Carlton Fields on

The U.S. Supreme Court’s 6-3 decision in Kaley v. United States, 571 U.S. __, Case No. 12-464 (Feb. 25, 2014) essentially finds that the grand jury should have the last word. The Kaley case involved the right to counsel when...more

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