Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Argument in the Supreme Court
At oral argument on April 27, several justices seemed troubled by the government's interpretation of “corruptly persuades” and “official proceeding.” Deputy Solicitor General Michael Dreeben said Andersen's document shredding was equivalent to directing someone to “wipe down the fingerprints” at a crime scene before the police arrived, and that companies must preserve documents whenever there's a “reasonable possibility” of an impending inquiry. But Justice Scalia interrupted: “You want criminal liability to attach to that?” “You want someone to go to jail for that?” He found it “weird” that federal statutes could say it's OK to shred documents but a crime to ask someone else to shred them.
Justice Kennedy called the government's position “sweeping,” and said it will cause problems for every business in the country — a key argument made by Andersen's lawyer, Maureen Mahoney. Dreeben responded that Andersen was using its document retention policy “as a cover” for thwarting an impending investigation, and that this was an “extraordinary case.” Justice O'Connor later noted that the rule of lenity may apply. If so, that could be grounds for reversing Andersen's conviction.
The government also faced critical questioning from Chief Justice Rehnquist, and Justices Souter and Breyer.
Nicholas A. Oldham
At oral argument on April 27, several justices seemed troubled by the government's interpretation of “corruptly persuades” and “official proceeding.” Deputy Solicitor General Michael Dreeben said Andersen's document shredding was equivalent to directing someone to “wipe down the fingerprints” at a crime scene before the police arrived, and that companies must preserve documents whenever there's a “reasonable possibility” of an impending inquiry. But Justice Scalia interrupted: “You want criminal liability to attach to that?” “You want someone to go to jail for that?” He found it “weird” that federal statutes could say it's OK to shred documents but a crime to ask someone else to shred them.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.