News & Analysis as of

Forfeiture Statutes

Bradley Arant Boult Cummings LLP

Supreme Court Rejects Due Process Challenge to Civil Forfeiture

Civil forfeiture allows the government — typically police or other law enforcement — to seize and keep or sell property that is allegedly involved in a crime or illegal activity. While civil forfeiture law varies between...more

Mayer Brown

Delaware Supreme Court Upholds Forfeiture-for-Competition Provision in Limited Partnership Agreement

Mayer Brown on

On January 29, 2024, in Cantor Fitzgerald, L.P. v. Ainslie, the Delaware Supreme Court reversed a Chancery Court holding that a forfeiture-for-competition provision in a limited partnership agreement was unenforceable as an...more

Davis Wright Tremaine LLP

January Surprise: Court Ruling on Post-Employment Restrictive Covenants in Delaware

Equity and capital forfeiture for competition provisions given less scrutiny than other post-employment restrictive covenants - Companies subject to Delaware law were handed a welcome surprise in a recent Delaware Supreme...more

Littler

Delaware Supreme Court Upholds Forfeiture for Competition Provisions, Holding Departed Partners Bargained Away Their Right to Have...

Littler on

On January 29, 2024, the Delaware Supreme Court unanimously reversed a major Delaware Chancery Court decision that had analyzed the “forfeiture for competition” provisions in a limited partnership agreement using a...more

Seyfarth Shaw LLP

Delaware Supreme Court Curbs Erosion of Forfeiture-for-Competition Protections

Seyfarth Shaw LLP on

Delaware has long been favored by businesses for many reasons, including its courts’ deference to parties’ ability to contract. Recently, however, the Delaware Chancery Court was seemingly less deferential to restrictive...more

Epstein Becker & Green

Free to Forfeit: Delaware High Court Holds Employee Choice Is Proper Lens for Evaluating Forfeiture-for-Competition Provisions in...

In a bombshell ruling last year that upended longstanding Delaware law, the Delaware Chancery Court ruled in Ainslie v. Cantor Fitzgerald, L.P., 2023 WL 106924 (Del. Ch. Jan. 4, 2023), that forfeiture-for-competition clauses,...more

Nossaman LLP

Felony Forfeitures Statutes Tested Again: A Tale of Two States’ Pension Reform Statutes–One Forfeiture Survives and One Does Not

Nossaman LLP on

The constitutionality of California’s felony forfeiture statute, as applied by the Board of Administration of the California Public Employees’ Retirement System (CalPERS), survived yet another challenge in September 2023,...more

Pullman & Comley - For What It May Be Worth

Equity Forfeiture in Tax Foreclosures – On the Way Out?

In 14 of our 50 states, a taxing authority which forecloses real estate for unpaid taxes is entitled to keep the full auction proceeds even beyond the owner’s debt obligation.  Enabled by laws known as “surplus retention...more

McDermott Will & Emery

Bad Connection: Claim Construction Argument without Explanation Given No Weight

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) obviousness decision after finding that the patent owner failed to explain how its cited extrinsic evidence supported its proposed...more

Stikeman Elliott LLP

Canada’s Parliament Debates Addition of Property Confiscation Provisions to Sanctions Legislation

Stikeman Elliott LLP on

In this post we describe the parts of Bill C-19 that, if passed into law by Parliament, will introduce a property confiscation regime into the Special Economic Measures Act and the Sergei Magnitsky Law....more

The Volkov Law Group

Administration Proposes Legislative Changes to Enhance Asset Forfeiture, Sanctions Enforcement Against Russian Government and...

The Volkov Law Group on

As part of the United States governments effort to support Ukraine in its war against Russia, the Biden Administration sent to Congress a number of legislative proposals in addition to a supplemental request for an additional...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Contractor Speech and Seized Cars

This week, the Court confronted constitutional challenges to a California statute altering the test for determining whether workers are employees or independent contractors and an Arizona statute governing civil forfeitures. ...more

Nossaman LLP

California Supreme Court Issues Orders in Four Remaining Cases Challenging Legality of PEPRA

Nossaman LLP on

On September 23, 2020, the California Supreme Court issued orders in each of the four cases it had accepted for review but deferred pending its resolution of Alameda County Deputy Sheriff's Association, et al. v. Alameda...more

Best Best & Krieger LLP

City’s Ability to Keep Firearms Away From Dangerous Individuals Affirmed

Ninth Circuit Determines City Did Not Have to Return guns to Wife Because Husband Posed Threat - A city’s ability to protect public safety by preventing dangerous individuals from accessing firearms was affirmed last week...more

Hogan Lovells

Can a landlord forfeit a long lease?

Hogan Lovells on

Hogan Lovells recently represented the landlords in SHB Realisations Limited and GB Europe Management Services Limited v Cribbs Mall Nominee (1) Limited and Cribbs Mall Nominee (2) Limited, a case confirming that it is...more

Troutman Pepper

Cracking the SAFE: Opening the Banking Industry to Cannabis

Troutman Pepper on

On March 26, the U.S. House Committee on Financial Services is scheduled to mark up the Secure and Fair Enforcement (SAFE) Banking Act of 2019. This Act aims to allow banks and financial institutions to engage in business...more

Ballard Spahr LLP

Must All 50 States Comply with the U.S. Constitution’s Prohibition Against Excessive Fines?

Ballard Spahr LLP on

This fall, the U.S. Supreme Court will hear argument in Timbs v. State of Indiana, one of the most anticipated cases this term. At issue is whether the Eighth Amendment’s prohibition against excessive fines applies to state...more

Bricker Graydon LLP

Personal liability trend continues: Health care CEO gets jail time for fraud scheme

Bricker Graydon LLP on

The Department of Justice (DOJ) recently announced that the CEO of Indiana-based American Senior Communities (ASC) was sentenced to over 9 years in federal prison for his involvement in a “massive fraud, kickback, and money...more

Nossaman LLP

California Court Of Appeal Rejects Constitutional Challenges To New Felony Forfeiture Statute

Nossaman LLP on

The evolution of vested rights jurisprudence in California is far from over, with the Second District Court of Appeal (“DCA”) stepping into the fray with its June 19, 2018 decision, Hipsher v. Los Angeles County Employees...more

Patterson Belknap Webb & Tyler LLP

The Price of a Drug Conspiracy Conviction: Second Circuit Remands $5 Million Forfeiture Order in Light of Recent Supreme Court...

In United States v. Papas (17-cr-1591-cr), the Second Circuit remanded by summary order a $5 million forfeiture order entered in the Southern District of New York (Daniels, J.) after the defendant pleaded guilty to conspiracy...more

Farrell Fritz, P.C.

Supreme Court Limitation on Forfeiture Will Impact Health Care Fraud Prosecutions

Farrell Fritz, P.C. on

Health care fraud prosecutions in the Second Circuit and throughout the country have typically sought forfeiture money judgments against all defendants for the proceeds of the fraud obtained by all members of a health care...more

A&O Shearman

Supreme Court Of The United States Finds Criminal Forfeiture Statute Does Not Provide For Joint And Several Liability

A&O Shearman on

On June 5, 2017, the Supreme Court of the United States unanimously reversed a forfeiture judgment under Section 303 of the Comprehensive Forfeiture Act of 1984, 21 U.S.C. § 853(a)(1) (“Section 853(a)”), holding that...more

WilmerHale

Supreme Court Substantially Reduces Government's Ability to Seek Criminal Forfeitures

WilmerHale on

On June 5, 2017, the Supreme Court issued a unanimous opinion in Honeycutt v. United States (No. 16-142), holding that a criminal defendant can be held liable to forfeit only crime proceeds the defendant personally obtained,...more

Ballard Spahr LLP

A Criminal Defendant Cannot Forfeit Property He Never Received

Ballard Spahr LLP on

On June 5th, the United States Supreme Court held in Honeycutt v. United States that a criminal defendant is not jointly and severally liable for property his co-conspirator derived from the crime, and that he only can be...more

Kramer Levin Naftalis & Frankel LLP

In Two Unanimous Rulings, U.S. Supreme Court Limits Penalties in SEC Enforcement and Criminal Actions

In a pair of decisions issued on June 5, the Supreme Court sharply curtailed the scope of financial sanctions available in civil securities enforcement and criminal drug trafficking cases. In addition to the results, which...more

33 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide