News & Analysis as of

Public Officials Supreme Court of the United States

Court Rules That First Amendment Limits, But Does Not Nullify, Public Officials’ Ability To Block Online Critics

by Poyner Spruill LLP on

In Packingham v. North Carolina, 137 S. Ct. 1730, 1735 (U.S. 2017) the Supreme Court of the United States held that N.C.G.S. § 14-202.5, a North Carolina statute that barred registered sex offenders from websites such as...more

Public officials – Supreme Court decision provides guidelines for D&O insurers

by DLA Piper on

On May 15 2017 the Joint Divisions of the Supreme Court issued a decision (119831/17) that further clarified the Court of Auditors' jurisdiction compared with that of the civil courts regarding the liability of directors and...more

DOJ Moves to Dismiss Public Corruption Charges Against Former VA Governor

Last week, the U.S. Attorney’s Office for the Eastern District of Virginia moved to dismiss public corruption charges against former Virginia Governor Robert McDonnell, and his wife, Maureen McDonnell. The decision comes...more

Dismissal of Charges Against Former Virgina Governor McDonnell is Another Lesson in Prosecutorial Discretion

by Melito & Adolfsen on

On September 8, 2016, the United States moved to dismiss the charges against Robert F. McDonnell and his wife Maureen McDonnell. The reason given for the decision was short but thoughtful: "After carefully considering the...more

The FCPA Implications of the Supreme Court’s McDonnell Decision – A Mountain Out of a Molehill?

by Michael Volkov on

The Supreme Court’s decision in the McDonnell case was expected. It was evident that the Supreme Court was going to reverse the convictions when it granted a stay of McDonnell’s sentence and agreed to hear the case....more

"Supreme Court Vacates Corruption Conviction of Former Virginia Governor"

On June 27, 2016, the United States Supreme Court unanimously vacated the conviction of former Virginia Gov. Bob McDonnell on corruption charges and remanded the case for retrial. As discussed below, the impact of the...more

U.S. Supreme Court Reins In Government's Expansive Interpretation of Bribery Charges

Last week, in McDonnell v. United States, the U.S. Supreme Court vacated the bribery convictions of Bob McDonnell, the former governor of Virginia. In doing so, the unanimous Court rejected prosecutors’ expansive...more

Federal and State Public Official Prosecutions Intertwined

For everyone who makes a living trying to influence – or just to understand – state public policy, the most important Supreme Court decision of the year may have been one of the last decisions it issued. On the last day...more

The McDonnell Case: Limitations on public corruption prosecutions and a victory for the social compact of representative...

by Dentons on

On Monday June 27, 2016, the US Supreme Court published a unanimous opinion reinforcing what is quickly becoming a contemporary trend in both public corruption and campaign finance regulation cases across the country. By...more

Supreme Court Unanimously Reverses McDonnell Conviction

by Williams Mullen on

Earlier this week the United States Supreme Court handed former Virginia Governor Bob McDonnell a big victory by reversing his 2014 conviction for “accepting payments, loans, gifts, and other things of value from [Johnnie]...more

Supreme Court Narrows Interpretation Of Federal Corruption Statute

by Pepper Hamilton LLP on

On June 27, the U.S. Supreme Court vacated the conviction of former Virginia Governor Robert McDonnell, narrowing the definition of an “official act” in federal corruption cases. McDonnell v. United States, No. 15-474 (2016)....more

Supreme Court’s Interpretation of “Official Act” Poses New Challenge

by Morgan Lewis on

The Court’s narrower interpretation of “official act” under the federal bribery statute creates a higher hurdle for federal prosecutors....more

Supreme Court Overturns Former VA Governor’s Conviction Based on Narrowed Federal Bribery Definition

by Cozen O'Connor on

On June 27, 2016, in an 8-0 decision, the U.S. Supreme Court reversed and remanded to the Fourth Circuit the conviction of former Virginia Governor Robert McDonnell on honest services fraud charges and charges that Governor...more

The Supreme Court did not Condone the Conduct when it Vacated the Virginia Governor’s Conviction for Bribery

by Melito & Adolfsen on

“There is no doubt that this case is distasteful; it may be worse than that. But our concern is not with tawdry tales of Ferrari’s, Rolex’s and ball gowns. It is instead with the broader legal implications of the...more

Supreme Court unanimously overturns public corruption conviction of former Virginia Governor: routine political courtesies such...

by DLA Piper on

In a highly anticipated decision, on June 27, 2016, the Supreme Court narrowed the definition of “official acts,” making it substantially more difficult for the Justice Department to prosecute bribery and other public...more

The McDonnell Case: Supreme Court Weighs Limiting Bribery Statute

by Michael Volkov on

We all suffer from a little myopia. Following FCPA enforcement and compliance issues makes a lot of sense in today’s enforcement environment. However, there is plenty of domestic enforcement of bribery laws – the New York...more

“Take Me Out to the Ballgame?” Asked the Inspector: Saying “Yes” May Now Be a Federal Crime

by K&L Gates LLP on

Imagine this hypothetical: A local fire marshal says to Mary Jones, who runs the residence halls at a major university, “It must be nice having seats at the Saturday football games.” Mary gets the message and thinks that if...more

Supreme Court Hears Oral Argument in McDonnell Public Corruption Case

by Williams Mullen on

Last week, United States Supreme Court Justice Stephen Breyer framed the overarching issues facing the Court during oral argument in United States v. McDonnell this way: “One, political figures will not know what...more

Stacy Allen Speaks: Looking Back 50 Years At 'N.Y. Times v Sullivan' and the Civil Rights Movement

by Jackson Walker on

I recently attended the annual ABA Forum on Communications Law, which included an informative panel discussion marking the 50th anniversary of the U.S. Supreme Court's landmark decision in N.Y. Times v Sullivan. While we are...more

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