News & Analysis as of

Fifth Amendment

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

Podcast Episode 14 - Four Cases to Watch in 2018

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 14, we discuss four cases to watch in 2018: Ganson v. City of Marathon –...more

Sixth Circuit Denies that Government Action Had Legal Consequences Appealable Under the APA

On December 18, 2017, the U.S. Court of Appeals for the Sixth Circuit employed recent U.S. Supreme Court Administrative Procedure Act (APA) rulings to decide whether the fans of the “Insane Clown Posse” group known as...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

Supreme Court Considers Zoning Merger Case- How does this apply in Southampton Town?

by Farrell Fritz, P.C. on

The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017, the Supreme Court of the United States decided a case that involved the merger of two parcels of property...more

How "Highest and Best Use" Can Substantially Impact Just Compensation for Landowners

by Nexsen Pruet, PLLC on

The taking of private property for public use is referred to as condemnation or eminent domain. While federal, state, and municipal governments may unilaterally take private property for public use, landowners are...more

DOJ Issues New FCPA Policy Offering Incentives to Encourage Disclosure of Foreign Bribery and Corruption Misconduct

by Foley & Lardner LLP on

On November 29, 2017, Deputy Attorney General Rod Rosenstein announced that the U.S. Department of Justice (DOJ) was issuing a new enforcement policy covering its enforcement of the Foreign Corrupt Practices Act (FCPA). The...more

Religious Institutions Update: November 2017 - Lex Est Sanctio Sancta

by Holland & Knight LLP on

Timely Topics - Serious data breaches have become routine in the United States, yet a recent survey shows that the majority of religious institutions do not have a full-time IT professional, have no system to detect a...more

When a Park in the Sky Leads to a Lawsuit - Three Strategies for Success in High-Stakes Litigation

by Poyner Spruill LLP on

In 2002, New York City announced its support for preserving the High Line—turning an unused elevated railroad into a thriving park in the heart of Manhattan’s West Side. Fifteen years later, it is one of the City’s top...more

Federal Judge Rules Trump’s Sanctuary City Order as Unconstitutional

On Monday, November 20, the United States District Court for the Northern District of California blocked the efforts of President Trump and the Department of Justice to withhold federal grant funding based upon a locality’s...more

What If You Are Ineligible For The Offshore Voluntary Disclosure Program? Attorney Proffers versus Quiet Disclosures

by Sanford Millar on

Since the beginning of the current Offshore Voluntary Disclosure Programs (OVDP) in 2009 tens of thousands of U.S. taxpayers have come forward to report previously undisclosed foreign financial accounts. The addition of the...more

Court Declines to Revisit Reversal of LIBOR Convictions

The Second Circuit has denied the government’s request for rehearing en banc in United States v. Allen, et al. (16-cr-98). In July, a panel of the Court (Cabranes, Pooler, Lynch) vacated the convictions of Anthony Allen and...more

Does this Ring a Bell? Court Orders Plaintiff’s Quick Peek Over Defendant’s Objections: eDiscovery Case Law

by CloudNine on

In Fairholme Funds, Inc. v. United States, No. 13-456C, (Fed. Cl. Oct. 23, 2017), Judge Margaret M. Sweeney, despite the defendant’s strong objection, granted the plaintiffs’ motion to compel a “quick peek” production of...more

D.C. District Court Issues Injunction Against Transgender Military Ban

by FordHarrison on

As previously reported by these authors, on July 26, 2017, President Trump announced via Twitter that transgender individuals will no longer be permitted to serve in the military. President Trump issued an official memorandum...more

Village’s Denial of a Permit to Fence-Off Private Road Subject to Claim for Inverse Condemnation

by Farrell Fritz, P.C. on

In the Village of Bayville, New York (“Bayville”), a landowner wished to enclose and protect private property and the private roadway for access thereon  (“Lot 18”) against trespassers.  The landowner sought to erect crash...more

Claims Stemming from Government Regulated Flooding After Hurricane Harvey

by Zelle LLP on

In August, Hurricane Harvey directly hit the city of Houston, leaving substantial wind and flood damage in its wake. Many home and business owners who avoided flood damage breathed a sigh of relief on August 28 when the...more

Federal Agent’s Misrepresentation in LG Search Warrant Affidavit Insufficient to Clear Qualified Immunity Hurdle

In Ganek v. Leibowitz, No. 16-1463 (2d Cir. Oct. 17, 2017) (Raggi, Chin, Carney), the Second Circuit reversed and remanded a district court’s determination that federal law enforcement authorities were not entitled to...more

IRS Audits Of Cannabis Companies And The Importance Of Substantiation

by Fox Rothschild LLP on

Today, the Tax Court issued its opinion in Feinberg v. Commissioner, a case involving an ongoing and hard fought battle between the IRS and a medical marijuana dispensary, Total Health Concepts, LLC. The IRS examined THC’s...more

U.S. Supreme Court Denies Petition for Certiorari on Constitutional Challenge to 8(a) Program

by PilieroMazza PLLC on

On October 16, 2017, the U.S. Supreme Court denied the petition for a writ of certiorari filed by Rothe Development, Inc. in Rothe Development, Inc. v. Department of Defense & Small Business Administration. Rothe, a...more

Due Process, Fairness: SEC Administrative Enforcement Actions

by Dorsey & Whitney LLP on

The Commission’s increased use of administrative proceedings as the venue of choice for enforcement actions sparked a series of suits challenging the practice. The challenges have been largely unsuccessful, although they may...more

No Boundaries: The Erosion of Private Property Rights by Judicial Deference to Regulatory Overreach

by Miller Starr Regalia on

A fundamental precept of American law is the authority of the government, in the exercise of the police power for the protection of the health, safety, and welfare of the public, to regulate the conduct of individuals in the...more

Podcast Episode 9 - Special Use Properties and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of...

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 9, I share a recent presentation regarding valuation of special use properties. During that presentation, I also touched upon the little...more

Supreme Court Certiorari Grants: Fall 2017 Term

by Faegre Baker Daniels on

1. Freedom of Speech; Labor and Employment. Janus v. American Federation of State, County and Municipal Employees, No. 16-1466. May a government require its employees to pay agency fees to an exclusive representative for...more

Federal Circuit Paves Way for Additional Discovery in Autonomous Car Case

by Genova Burns LLC on

The Federal Circuit reinforced limits on its own jurisdiction by rejecting an appeal brought by intervenor Anthony Levandowski in the much-publicized case Waymo LLC v. Uber Technologies, Inc., et al., No. 17-cv-00939-WHA...more

Podcast Episode 8 – When the Government Decides to Flood Your Property, Is There a Claim? With Derrick Carson of Locke Lord LLP,...

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. Derrick Carson, Partner in Locke Lord's Houston office, joins us in Episode 8 to discuss Hurricane Harvey, the flooding in Houston and southeast...more

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Cybersecurity

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