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