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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.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.