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A Court Again Quashes 'Doctrinal Novelty' By Prosecutors
We've been down this road before: Congress enacts broad anti-fraud provisions and “creative” prosecutors, aided and abetted by compliant judges, invent crimes until told to stop. Stretching by prosecutors, and later contraction by some courts, has played out across a number of corruption related statutes, with courts ultimately requiring prosecutors to prove misconduct. For example, the U.S. Supreme Court decided in United States v. Sun-Diamond Growers of California (1999), that before the government may establish a violation of the federal bribery statute, it must prove a quid pro quo. Similarly, in United States v. McCormack (1991), the Court decided, contrary to the DOJ's view, that campaign contributions are only violations of the anti-fraud statute if there is a specific quid pro quo.
Again in McNally v. United States (1987), the Supreme Court struck down the expansive “honest services mail fraud doctrine.” Later, in Skilling v. United States (2010), it again limited the amorphous fraud provisions of the mail fraud statute to cases where the Government can prove a quid pro quo.
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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?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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.