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Federal Rules of Criminal Procedure

Cozen O'Connor

Notice of Appeal - Summer 2024

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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

Benesch

How DOJ’s Safe Harbor Policy Alters the Calculus for M&A Due Diligence

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Since at least the adoption of the organizational Federal Sentencing Guidelines in 1991, the government has encouraged companies to adopt an effective compliance program that prevents and deters misconduct....more

Butler Snow LLP

Cameras in the Courtroom: Rooting for the Anti-Hero

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We carry not only Netflix and YouTube in our pockets but also the video cameras that make content creation possible. Our neighbors are TikTok influencers with a million subscribers. Our kids are YouTube sensations, streaming...more

Dorsey & Whitney LLP

The Supreme Court Update - April 17, 2024

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The Supreme Court of the United States issued two decisions on Tuesday, April 16: Rudisill v. McDonough, No. 22-888: This case concerns the interaction between two federal statutes providing up to 36 months of...more

Law School Toolbox

Law School Toolbox Podcast Episode 435: Listen and Learn -- Amendments to Pleadings (Civ Pro)

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Welcome back to the Law School Toolbox podcast! Today, in our "Listen and Learn" series, we're discussing the Federal Rules of Civil Procedure – more specifically Rule 15, which deals with the instances in which a party can...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 246: Listen and Learn -- Amendments to Pleadings (Civ Pro)

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Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we're discussing the Federal Rules of Civil Procedure – more specifically Rule 15, which deals with the instances in which a party can...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 237: Listen and Learn -- Discovery (Civ Pro)

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Welcome back to the Bar Exam Toolbox podcast! Today, we're focusing on an important Civil Procedure topic: Discovery. We look at the process during which the parties exchange information with each other through required...more

Dorsey & Whitney LLP

The Supreme Court Update - September 29, 2023

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Today, the Supreme Court of the United States granted certiorari in 12 cases: Moody v. NetChoice, LLC, No. 22-277: This case involves a First Amendment challenge to a Florida statute that restricts certain social media...more

Law School Toolbox

Law School Toolbox Podcast Episode 414: Listen and Learn -- Criminal Procedure: Stop and Frisk

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today, as part of our "Listen and Learn" series, we're focusing on Criminal Procedure. Specifically, we're talking about the "stop and frisk" exception to the warrant...more

ArentFox Schiff

DOJ Loses No-Poach Action Following Motion for Acquittal

ArentFox Schiff on

The companies allegedly engaged in a multi-year agreement to suppress competition by agreeing to restrict the hiring and recruiting of engineers and other employees. The indictment claimed the purpose of the conspiracy was to...more

Cole Schotz

Connecticut Federal Judge Tosses DOJ’s Latest No-Poach Trial

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In a noteworthy upset last week, U.S. District Judge Victor A. Bolden dismissed the U.S. Department of Justice Antitrust Division’s latest – and largest – anti-poach case brought to trial yet, opting to decline sending the...more

J.S. Held

COVID-19’s Effects on Grand Juries, Indictments & Jeopardy to Defendants’ Rights

J.S. Held on

The COVID-19 pandemic has collided with the constitutional requirement that “infamous” crimes be charged by a grand jury. For the first time in United States history, grand juries in federal courts have been suspended because...more

Lowenstein Sandler LLP

Second Circuit Affirms Legality Of “Gag Orders” In SEC Settlements

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The Second Circuit today affirmed the legality of so-called “gag orders” in U.S. Securities and Exchange Commission (SEC) settlements: the rule that defendants settling with the commission cannot contradict the allegations...more

Butler Weihmuller Katz Craig LLP

Is Arizona The Beginning Of The End For Peremptory Challenges?

On August 30, 2021, the Arizona Supreme Court instituted a landmark rule change that made Arizona the first state in the country to abolish the use of peremptory challenges in criminal and civil trials.  Challenges to...more

Oberheiden P.C.

Theft of U.S. Companies’ IP Assets and Other National Security Issues Involving Foreign Governments and Foreign-Controlled...

Oberheiden P.C. on

Federal authorities have recently described the threat of economic espionage from foreign entities as one of the greatest threats to the economic vitality of the United States, and this has led to an increase in...more

Dorsey & Whitney LLP

The Supreme Court - July 2, 2020

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Nestlé USA, Inc. v. Doe I, No. 19-416; Cargill, Inc. v. Doe I, No. 19-453: 1) Whether an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute, 28 U.S.C. §1350, may overcome the...more

Kelley Drye & Warren LLP

Second Circuit Urges District Court to Require Brooklyn Prison to Provide Defense Attorneys with Remote Access to Inmates During...

On March 20, 2020, the Second Circuit granted the Federal Defenders of New York, Inc. (“Federal Defenders”) a second shot at their suit against the Federal Bureau of Prisons (“BOP”) concerning the lawfulness of the BOP’s...more

Barnea Jaffa Lande & Co.

Taking Testimony in Israel for Criminal Trials in the United States

Recently, United States federal courts have been more frequently approving the extra-territorial collection of testimony for use in criminal trials to be held in the United States. While the collection of such testimony for...more

Foley Hoag LLP

Foreign Executive’s FCPA Convictions Overturned

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District Court Finds Insufficient Evidence That He Acted As Agent of U.S. Subsidiary - Background - On February 26, 2020, a federal judge in Connecticut granted in part the motion for acquittal of a former senior executive...more

Fox Rothschild LLP

Fourth Circuit Rejects Equitable Defenses To Untimely Notice Of Appeal

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Our state appellate courts have long held that a timely notice of appeal is a jurisdictional requirement. See, e.g., State v. Patterson. (For an interesting discussion on this topic, see section 28.02[3] in Beth and Matt’s...more

Association of Certified E-Discovery...

Weekly Trends Report – 12/18/2019 Insights

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t...more

Polsinelli

New Federal Rule of Criminal Procedure 16.1 Aims to Assist Practitioners in Disclosure and Discovery of Electronically Stored...

Polsinelli on

On December 1, 2019, Federal Rule of Criminal Procedure 16.1 (Rule 16.1 or the “Rule”) went into effect. With a focus on defense counsel’s ability to adequately prepare for trial, the Rule functions as a response to concerns...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Holds Constitutional Challenge to Prosecution Was Untimely

In United States v. O’Brien, the Second Circuit (Kearse, Livingston, Carney) affirmed the conviction of Michael O’Brien for importing and possessing with intent to distribute methylone and anabolic steroids. ...more

Patterson Belknap Webb & Tyler LLP

Drawing The Line Between “Permissible Inference” And “Impermissible Speculation” In Assessing Sufficiency Of The Evidence

In United States v. Pauling, the Second Circuit (Katzmann, Kearse, and Chin) affirmed the District Court’s post-trial order granting Pauling’s motion under Federal Rule of Criminal Procedure 29 to set aside his conviction for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Enforcement Focus on China: What Companies Should Do to Be Prepared

On January 29-30, 2019, Skadden and Han Kun Law Offices co-hosted two seminars — first in New York, then in Washington, D.C. — titled “Enforcement Focus on China: What Companies Should Do to Be Prepared.” Topics included the...more

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