Featured Articles

No notice to subscriber required when officers seize stored email from ISP

Alain Leibman
October 30, 2009 22:07

The usual protocol when agents execute a search warrant at an office or home is to leave a copy of the warrant with the person in control of the premises, often but not necessarily the owner.  Rule 41(f)(1)(C) requires it.  But what kind of notice is required when agents execute a search...

Madoff: In the Season of Holiday Lights, Hadassah Spreads Darkness Among Its Donors - Installment 42

Alain Leibman
December 10, 2010 15:10

Several Installments in this blog series about the long-running, global Ponzi scheme of Bernard L. Madoff (“Madoff”) have discussed Hadassah and its unfortunate involvements with Madoff. The matters covered include Hadassah’s potential “clawback” exposure, the...

Recent Articles

Wilpons Settle with Picard for $162 Million but Buy Valuable Time and a Share of Potential Future Picard Recoveries - Installment 72

Michael Kline
March 20, 2012 02:31

Michael J. Kline writes: Today, before the start of a jury trial and after months of intensive and often acrimonious exchanges of briefs and motions in court and posturing in the media, a settlement was reached between Madoff Trustee Irving Picard and the numerous defendants - the...

A New Order by Judge Rakoff Will Complicate Prospects for the Wilpons/Mets in Next Week's Jury Trial - Installment 71

Alain Leibman
March 15, 2012 20:59

Michael J. Kline writes: Yesterday, Judge Jed S. Rakoff issued a new Order (the “March 14 Order”) without an accompanying Opinion, almost on the eve of the trial by jury between the plaintiff, Madoff Trustee Irving Picard, and the numerous defendants, the Wilpon-Katz-Mets...

Attacking eyewitness identification after Perry v. New Hampshire

Alain Leibman
March 15, 2012 12:38

Alain Leibman writes: I have co-authored with my colleague Jana Volante, Esq. an article appearing this week in BNA's Criminal Law Reporter entitled "Attacking Eyewitness Identification Testimony."  In the article, we examine the various approaches available to defense counsel...

From the Judge's Ruling Yesterday, Wilpons Will Battle Picard at Trial - Where are the Sales of Minority Mets Interests? - Installment 70

Alain Leibman
March 06, 2012 14:29

(Michael J. Kline, Esq., the author of this entry and a co-author of this blog, is a partner with Fox Rothschild LLP, based in our Princeton, NJ office, and is a past Chair of the firm's Corporate Department. He concentrates his practice in the areas of corporate, securities, and health law, and...

Madoff and the Mets: Wilpons Continue to Pursue Sales of Minority Mets Interests While Court Rulings and Trial Dates Approach - Installment 69

Michael Kline
February 06, 2012 16:54

This posting will focus on the implications of recent postings on ESPN.com regarding multiple events that are occurring with respect to the continuing economic and legal challenges facing the New York Mets and their owners in the Madoff aftermath. While most journalists are focusing on the...

District Court Holds That The Pendency Of A Criminal Indictment Is A Prerequisite to Staying Parallel SEC Proceedings

Alain Leibman
January 20, 2012 21:10

In an earlier post we explored the relatively new SEC policy encouraging cooperation. An individual facing an SEC inquiry and his/her counsel must, of course, consider all of their available options, which in certain circumstances sensibly include not cooperating and not responding to the...

Madoff/Picard/Judge Rakoff/Wilpons-Mets: Picard Strikes Out in His Effort to Appeal Judge Rakoff's Ruling Before Trial - Installment 68

Alain Leibman
January 18, 2012 19:01

Previous Installments in this blog series, the most recent of which was Installment 64, have followed key rulings of Federal District Court Judge Jed S. Rakoff in the battle between Irving Picard, the Trustee in the Madoff bankruptcy proceeding, and the Wilpon Interests. (Capitalized terms...

Supreme Court Makes It Difficult To Gain Suppression Of Eyewitness Identification

Alain Leibman
January 16, 2012 14:23

Much has been written in the academic and scientific literature about the accuracy, or apparent inaccuracy, of eyewitness identification, particular cross-racial identification. Some have called for a Daubert-like gatekeeper role for trial judges. But the Supreme Court last week in Perry v. New...