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Judicial Immunity Resurfaces in the Third Circuit
Use immunity is traditionally viewed as a prerogative of the Executive Branch exercised by law enforcement to compel truthful testimony from witnesses who otherwise would refuse to testify based on their Fifth Amendment right against self-incrimination. However, a few federal courts also recognize the court's inherent authority to grant or compel immunity for defense witnesses over the objection of the prosecution. A recent decision out of the Middle District of Pennsylvania may revive the doctrine of “judicial immunity” for defense witnesses. U.S. v. Nagle, Crim. No. 1:09-CR-384-01 (M.D.Pa. filed Oct. 4, 2010) (Rambo, J.). To understand the potential implications of Nagle, some background is helpful.
Government-Initiated Use Immunity
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?