Bar Exam Toolbox Podcast Episode 218: Listen and Learn -- Intent Under the Model Penal Code (Criminal Law)
These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with...more
In our January 18, 2024 post, “The Next Chapter of CIPA Litigation: The Pen Register and Trap and Trace Device,” we discussed the new trend in California Invasion of Privacy Act (“CIPA”) litigation, where it came from, and...more
Is theft of trade secrets a crime in Arkansas? Yes. Under Arkansas Code Annotated Section 5-36-107, the Arkansas Penal Code establishes that theft of trade secrets is a Class A misdemeanor. The statute establishes that a...more
In Part Four of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to election law, density bonus law, parking, labor law, microenterprises, cannabis and...more
The Civil Transactions Regulation (the “CTR”) was promulgated on 18 June 2023 and entered into force on 16 December 2023. The CTR was conceived as one of four key reforms announced in February 2021 to enhance the general...more
On September 10, 2021, Williamson County Attorney Dee Hobbs requested an “expedited” ruling from Texas Attorney General Ken Paxton in response to his question of whether executive orders issued by Abbott in response to the...more
On September 6, 2023, New York Governor Kathy Hochul signed legislation amending the New York Penal Law making wage theft a criminal larceny. Under the penal code, “[a] person steals property and commits larceny when, with...more
En el Comité de Diversidad e Inclusión de Holland & Knight hacemos constante seguimiento y estudio a los cambios normativos y jurisprudenciales relacionados con diversidad, equidad e inclusión (DE&I). Como parte de nuestro...more
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Criminal Law -- specifically, the four mental states of criminal intent under the Model Penal Code. In this...more
Arson means the act of deliberately setting fire to property and thereby causing widespread damage, including danger to people and animals. Although the offence of arson typically involves buildings, it could include any...more
The Plaintiffs’ Bar is well-known for pushing the boundaries of existing (and sometimes very old) laws with new and novel privacy claims. The most recent targets of this trend are (1) the Video Privacy Protection Act (VPPA),...more
Under the UAE Penal Code, called the Federal Decree-Law No. 31 of 2021 On the Issuance of Crimes and Penalties Law, crimes are divided into three types. These are misdemeanours, felonies, and infractions....more
El pasado 7 de octubre de 2022 entró en vigor la Ley Orgánica 10/2022, de 6 de septiembre, de garantía integral de la libertad sexual (“LOGILS”), también conocida como la “Ley del solo sí es sí”. Esta norma ha incorporado...more
In response to the Dobbs decision, California enacted legislation intended to enhance data privacy and block record requests by other states concerning alleged abortion-related offenses that are lawful in California. In...more
Four months ago, New York Governor Kathy Hochul signed the Adult Survivors Act (ASA) (S.66A/A.648A), creating a one-year window, beginning November 24, 2022, for adult survivors of sexual assault to bring civil claims against...more
The California Supreme Court last week issued a decision in Siry Investments vs. Saeed Farkhondehpour that could dramatically expand the remedies available to partners or others in a commercial dispute who are victims of...more
In a long-awaited opinion — Siry Investment, L.P. v. Farkhondehpour — the California Supreme Court held that California Penal Code section 496 can apply to a business dispute. The opinion resolves a split of authority among...more
It is not uncommon for an attorney to execute all or part of his or her client’s wishes, which may be in breach of a fiduciary duty owed by the client to a third party. The third party can certainly sue the client for...more
The United Arab Emirates has strict laws against begging and fundraising through unlicensed charities, which have been introduced and amended to preserve the image of the UAE, fight begging and organized begging, prevent...more
In all nations, laws are enforced by various governmental machineries, such as the police and courts through administration of the criminal justice system. In the United Arab Emirates, the criminal law is governed by...more
The Texas Legislature recently enacted a new law that criminalizes the financial abuse of the elderly. This is in response to the increasing financial attacks on the elderly....more
is House Bill 1927, named the Firearm Carry Act of 2021. Effective September 1, the law will authorize Texans ages 21 and up, who are not otherwise prohibited by state or federal law from possessing a firearm, to legally...more
Introduction - The Supreme Court of California, interpreting California Penal Code section 632.7, recently held in Smith v. LoanMe, Inc. that cellular or cordless phone conversations cannot be recorded by nonparties or...more
On April 1, the California Supreme Court ruled in Smith v. LoanMe Inc. that California Penal Code Section 632.7 prohibits both parties to a communication and nonparties, such as an individual who covertly intercepts and...more
The California Supreme Court overturned the California Court of Appeals to hold that a party to a phone call can violate California Penal Code section 632.7 by recording the conversation without the consent of the other...more