BACKGROUND- A sugar distributor sought to acquire a sugar producer. The district court determined that the relevant product market included distributors as sources of refined sugar, in addition to sugar producers. The...more
Uh-oh: Government Shutdown Chances Increase. The Buzz continues to monitor the potential for a federal government shutdown. Last week, we noted a positive development: leadership in both the U.S. Senate and U.S. House of...more
The trust that parishioners have historically had in religious organizations has been strong. However, over the past several decades, allegations of sexual abuse throughout many denominations have caused many to give pause...more
While Red Notice removal is the goal of most of our INTERPOL clients, some INTERPOL subjects need assistance with the lesser-known Green Notice. A reader recently wrote to Red Notice Law Journal with the following...more
The University of Southern California apparently has set a record — one which parents should pray no college has reason to challenge and for which the educators and leaders at the Los Angeles campus should be sorry and...more
In United States v. Villafane-Lozada, No. 19-2098 (2d Cir. Sept. 3, 2020) (Livingston, Sullivan, Park), the Second Circuit rejected a defendant’s challenge to the district court’s delegation to probation the decision of which...more
If you are a municipality defending against a RLUIPA lawsuit, it is generally not a good sign when a court’s memorandum of decision begins with a string of biblical quotes. Wakulla County Florida experienced this earlier...more
In United States v. Birkedahl, 19-2304, the Second Circuit (Sullivan, Park, Nardini) rejected Defendant-Appellant Eric Birkedahl’s challenges to the conditions of his supervised release imposed subsequent to his conviction...more
Those in the education field should be focused on protecting students. Students should feel safe attending school and college. If they are being physically or sexually assaulted by teachers or coaches, they should be able to...more
In a per curiam opinion, United States v. Diaz, the Second Circuit (Calabresi, Chin, and Carney) held that the Sex Offender Registration and Notification Act (“SORNA”), 18 U.S.C. § 2250(a), does not permit a defendant to...more
On January 21, 2020, the Oakland City Council unanimously passed the Fair Chance Housing Ordinance (“FCHO”), which will restrict landlords in their ability to reject a potential tenant because of prior criminal history. It...more
Synopsis: Almost a year after the New York State Legislature enacted the Child Victim Act or “CVA” in February 2019 -- which included a one-year “revival window” under which claims for child sexual abuse could be brought...more
Synopsis: New Jersey’s recently enacted legislation which significantly extends the statute of limitations for sexual abuse claims and creates a two-year filing window for sexual abuse claims that would otherwise be...more
Franczek P.C. is pleased to announce the publication of its annual Legislative Update for schools. With the flood of legislative changes in Illinois this year, it is more imperative than ever for education stakeholders to...more
On August 23, 2019, Governor Pritzker signed into law Public Act 101-531 (Act) which puts into place a number of measures aimed at increasing student safety....more
In United States v. Eaglin, the Second Circuit (Cabranes, Carney, and Vilardo, by designation) considered and rejected two conditions of supervised release: a complete ban on access to the Internet and a similarly broad ban...more
Precedential Opinions of Note - Third Circuit Holds Sixth Amendment Right to Counsel Applies Post-Sentencing - Richardson v. Superintendent Coal Township SCI (October 2, 2018), No. 15-4105 - Unanimous decision: Bibas...more
She was 21 and a college student. Anyone who recalls being 21 will also recall that it is an age of experimentation. Today she is dead, murdered by a person whom she dated for a month....more
In United States v. Washington, the Second Circuit (Cabranes and Pooler Circuit Judges, and Oetken, J., by designation) examined a discrepancy between the terms of sentence that the District Court pronounced at the sentencing...more
When an employer negligently supervises an employee who commits separate acts of sexual harassment against three different co-workers on separate occasions, how many “occurrences” are there under a standard commercial general...more
The Supreme Court of the United States issued two decisions today: U.S. Bank N.A. v. Village at Lakeridge L.L.C., No. 15-1509: Respondent Lakeridge filed for Chapter 11 bankruptcy, and sought approval of a “cramdown” plan...more
In United States v. Holcombe, 16-1429-cr, the Second Circuit (Jacobs, Leval, Lohier) resolved three open issues involving a conviction for failing to register pursuant to the Sex Offender Registration and Notification Act...more
In United States v. Browder, the Second Circuit (Cabranes, Lohier, Forrest, sitting by designation) has vacated in part an order finding that the defendant violated two conditions of supervised release. The Court’s decision...more
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
Last week, in Weingarten v. United States, the Second Circuit denied the Section 2255 petition of a convicted child sex offender, who claimed that his counsel had rendered ineffective assistance by failing to challenge the...more