Channels
- Practice Area
- Administrative Law
- Admiralty & Maritime Law
- Advertising Law
- Alternative Dispute Resolution
- AmLaw 200 Blogs
- Antitrust Law
- Bankruptcy
- Civil Rights & Privacy Law
- Consumer Law
- Corporate & Commercial Litigation
- Criminal Law
- Divorce & Family Law
- Education Law
- Election Law & Political Commentary
- Electronic Discovery
- Employment & Labor Law
- Environmental Law
- General Counsel Blogs
- Immigration Law
- Insurance Law
- Intellectual Property Law
- International Law
- Judiciary Law
- Media, Entertainment & Sports Law
- Law Firm Management & Legal Marketing
- Personal Injury & Medical Law
- Probate & Estate Planning
- Real Estate & Construction Law
- Tax & Financial Law
- Technology
- Whistleblower Law
- Workers' Compensation
- Law School
Featured Articles
No notice to subscriber required when officers seize stored email from ISP
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...
Recent Articles
Seventh Circuit Does End-Run Around Sixth Amendment to Admit Drug Testing Evidence
Last year the Supreme Court emphatically extended its new Confrontation Clause jurisprudence -- abjuring reliance on historically-rooted hearsay exceptions to require in criminal cases that "testimonial" hearsay be kept out unless subject to cross-examination -- to in-court evidence...
One-person corporation has no Fifth Amendment privilege
More than twenty years ago the Supreme Court decided the case of Braswell v. United States, 487 U.S. 99 (1988), in which the Court extended to even small, closely-held corporations the principle that corporate entities have no Fifth Amendment privilege to assert in opposition to a...
Another Revisit to Madoff and His Charity Stakeholders - Hadassah and Yeshiva University: Now A Perplexing Tale of Three Forms 990 - Part II - Installment 23
This is the twenty-third in a series of installments on this blog that are discussing issues arising in the aftermath of the long global Ponzi scheme of Bernard L. Madoff (“Madoff”). Installments 3 through 8, Installment 10 and Installments 14 through 22 of this series focused on...
New Sentencing Guidelines amendments aim to strengthen corporate compliance programs
On January 21, 2010, the United States Sentencing Commission (the “Commission”) issued a notice of proposed amendments to the Sentencing Guidelines, which included amendments to those guidelines regarding the sentencing of organizations. Generally, when organizations are charged and...
Crawford requires that co-conspirator statements to informants be tossed
Since the seismic shift in Confrontation Clause jurisprudence effected by Crawford v. Washington, 541 U.S. 36 (2004), lower courts have struggled to define precisely which "testimonial statements" are now excluded from evidence unless the government can show both that the declarant is...
Eleventh Circuit Limits Reach of Section 666 By Narrowly Construing "Agent of the State" Element
We noted here recently the first signs of an effort among courts of appeal to temper the reach of 18 U.S.C. § 666, long a favorite tool of prosecutors seeking to federalize misdeeds by local and state officials. Now the Eleventh Circuit has joined in, acting to limit the scope of the statute...
Fifth Circuit Pulls Back the Reach of 18 U.S.C. ยง 666 As It Relates to Bribery of Local Judges
Long a favorite weapon of federal prosecutors, Section 666 of Title 18 makes it a crime for an agent of a state or local organization or agency to corruptly demand, offer, or accept anything of value of $5,000 or more in connection with any business or transaction of the organization or agency,...
Another Revisit to Madoff and His Charity Stakeholders - Hadassah and Yeshiva University: Now A Perplexing Tale of Three Forms 990 - Part I - Installment 22
This is the twenty-second in a series of installments on this blog that are discussing issues arising in the aftermath of the long global Ponzi scheme of Bernard L. Madoff (“Madoff”). Installments 3 through 8, Installment 10 and Installments 14 through 21 of this series focused on the...
DOJ Issues New Guidance Requiring Fuller and Earlier Disclosures by Prosecutors
On January 4, 2010, Deputy Attorney General David W. Ogden issued a series of three memoranda, published on the website of the Department of Justice, which represented the culmination of a several-months long study of discovery practices among the United States Attorney's Offices and retraining of...
