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Fourth Amendment First Amendment

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment.  Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.    less -
Venable LLP

Alabama Federal District Court Declares CTA Unconstitutional: Here's What You Need to Know

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The Corporate Transparency Act (CTA), which became effective on January 1, 2024, was enacted to combat the use of shell companies by those seeking to evade anti-money laundering laws and economic sanctions. ...more

Williams Mullen

Corporate Transparency Act: Northern District of Alabama Issues Declaratory Judgment Finding that Corporate Transparency Act is...

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On March 1, 2024, the United States District Court for the Northern District of Alabama, Northeastern Division granted summary judgment in favor of the plaintiffs, finding that the Corporate Transparency Act (the “CTA”),...more

BakerHostetler

Corporate Transparency Act Declared Unconstitutional: How Does This Impact Your Company?

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On Mar. 1, 2024, a federal district judge in Alabama ruled that the CTA is unconstitutional, holding that it exceeds the powers granted to Congress by the U.S. Constitution. The ruling permanently enjoins FinCEN from...more

Katten Muchin Rosenman LLP

Corporate Transparency Act Found Unconstitutional (for Specific Plaintiffs)

The Corporate Transparency Act (CTA) became effective January 1, 2024. However, on March 1, Judge Liles C. Burke of the US District Court of the Northern District of Alabama issued a memorandum opinion and final judgment in...more

Polsinelli

Blockchain+ Bi-Weekly - September 2023

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The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman and the On-Going Attempts to Remove Her from the Federal Circuit

The efforts to have Judge Pauline Newman, Circuit Judge on the Court of Appeals for the Federal Circuit, unfit or guilty of misconduct have been the subject of reporting in the patent blogosphere (Patently-O, IP Watchdog),...more

BakerHostetler

Financial Firms and Crypto Networks Launch Initiatives; Nonprofit Challenges Crypto Tax Provision; Crypto Enforcement Continues;...

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Firms Announce New Crypto Initiatives; Data Published on Crypto and NFT Use - Late last week, a major U.S. cryptocurrency custodian announced “a groundbreaking, industry-first custody exchange network giving institutions...more

Dorsey & Whitney LLP

The Supreme Court - June 8, 2022

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Egbert v. Boule, No. 21-147: In this case, Robert Boule sued a border patrol agent arguing the agent violated his Fourth and First Amendment rights by using excessive force during a search and retaliating against Boule when...more

Epstein Becker & Green

Court Refuses to Extend Bivens to Excessive Force and Retaliation Claims: SCOTUS Today

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Notwithstanding the fact that, as we approach the end of the term, the Court still had 30 cases to decide as of Wednesday morning, June 8, the day’s count has only been reduced by one. So, expect a flurry of cases with the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Egbert v. Boule

On June 8, 2022, the U.S. Supreme Court decided Egbert v. Boule, No. 21-147, declining to recognize a cause of action for damages against a federal border agent for either a Fourth Amendment excessive-force claim or a First...more

Pullman & Comley - School Law

Court Upholds Law Ending the Religious Exemption to Immunizations for Students in Connecticut Schools

Connecticut law has required public and private schools to condition a student’s entry into school upon providing proof of immunizations against certain communicable diseases (including but not limited to diphtheria,...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 32, November 2020

How quickly things change. This, perhaps more than anything else, encapsulates the world of COVID-19 and the related litigation. Between Issue 31 and Issue 32 of Unprecedented, the United States has seen its reported COVID-19...more

Womble Bond Dickinson

U.S. Customs Opens Mass Searches of Data on Confiscated Traveler Smartphones, Computers

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I am an advocate of providing law enforcement officers the newest technology to do their jobs well. If there is a recording of an event, the police should be able to use it. If a stingray can capture cell phone...more

Rumberger | Kirk

Social Unrest, the COVID-19 Pandemic and School-Required Masks: What Could Possibly Go Wrong?

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With many public schools back in session, there is a new must-have accessory for students: masks. Outside of school, many have used this new and highly visible accessory to express personal beliefs, some of which are...more

Womble Bond Dickinson

The Constitution Protects Faces in the Crowd

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Unlimited law enforcement application of facial recognition software to surveillance footage is an unreasonable search and a violation of Constitutional rights for people in a peaceful crowd. An officer should need to...more

Robins Kaplan LLP

Financial Daily Dose 6.12.2020 | Top Story: American Airlines Pledges Loyalty Program as Collateral for COVID Stimulus Package

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American Airlines Group Inc. stated that it plans to pledge its loyalty program “as collateral for a $4.75 billion government loan as it seeks to shore up capital to manage through the coronavirus pandemic.” The company...more

Dorsey & Whitney LLP

The Supreme Court - December 18, 2019

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Today, the Supreme Court of the United States granted certiorari in the following cases: Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267; St. James School v. Biel, No. 19-348: Whether the First Amendment’s...more

Farrell Fritz, P.C.

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

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Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more

Sands Anderson PC

The One Fingered Salute: It's Rude, But It's Not Probable Cause To Arrest

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Officer Matthew Minard of the Taylor, Michigan Police Department pulled over Debra Cruise-Gulyas for speeding. He cut her a break and cited her only for a non-moving violation. A lot of people would’ve been grateful, but...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Is Recycling Constitutionally Protected Political Speech? Federal Court Addresses Standing Issue

Plaintiff Randall S. Krause filed a pro se Complaint in the United States District Court (Nebraska) alleging that recycling is constitutionally protected political speech. See Krause v. Metropolitan Entertainment & Convention...more

Womble Bond Dickinson

TCPA Class Action Defense 101: TCPA Class Action Defense Experts Ken Sponsler and John Taylor Join the Ramble to Discuss the Right...

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Well we’re a day light on the Ramble this week but it will be worth the wait–I promise. In a special “deuces wild” episode–No. 22 after all–we bring you two guests via the FIREline– Ken Sponsler and John Taylor of...more

Womble Bond Dickinson

THIS IS A TEST: Could the Presidential Text Message Alert System be in Violation of Privacy Rights Afforded by the First and...

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Last Wednesday, most of us received a jarring alert on our cellphones at approximately 2:18 p.m. (EST) It read, “THIS IS A TEST of the National Wireless System. No action is required.” This was a test of the Wireless...more

Skadden, Arps, Slate, Meagher & Flom LLP

2017-18 Supreme Court Update

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

Morrison & Foerster LLP

Microsoft Claims Victory in Challenge to DOJ’s Practice of Seeking “Gag Orders” under the Stored Communications Act

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Last week, the Department of Justice (DOJ) announced a new policy that significantly restricts its practice of seeking non-disclosure orders under the Stored Communication Act (SCA), 18 U.S.C. § 2705(b), in connection with...more

Cohen & Gresser LLP

How an Uncommonly Silly Law Led to a Host of Very Consequential Supreme Court Decisions

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In 1879, Connecticut passed a law barring the use of “any drug, medicinal article or instrument for the purpose of preventing conception”; the penalty was“not less than fifty dollars” or between 60 days and one year in...more

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