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Business Crimes Hotline
Recent rulings around the states.
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In the Courts
Important rulings of interest to you and your practice.
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Prosecutors, Agents and Witnesses
Because prosecutors have a responsibility not merely to win, but to ensure that the defendant has a fair and impartial trial, it is professional misconduct for a prosecutor to intimidate or improperly influence a defense witness to change his or her testimony or to refuse to testify for the defense.
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<b><i>BREAKING NEWS:</i></b> Third Circuit Bars Prosecution Threat for Teen 'Sexting'
In the first case ever to challenge the constitutionality of prosecuting teens for 'sexting,' a federal appeals court has upheld an injunction that barred a Pennsylvania prosecutor from bringing child pornography charges against girls who refused to attend a class he had designed to educate youths about the dangers of sexting.
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<b><i>ONLINE EXCLUSIVE:</i></b> Supreme Court Puts Internet Publisher Case Back in Play
An $18 million settlement of a copyright infringement suit between Internet publishers and freelance writers is back on track because of a U.S. Supreme Court ruling on March 2.
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Tracking Enhanced Earnings Awards
Ever since the 1985 landmark case of <i>O'Brien v. O'Brien</i> was decided by the New York Court of Appeals, the concept of enhanced earning capacity (EEC) has been one of the most controversial areas in New York matrimonial law practice.
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Inquest on Damages
Because the issue of damages is so intertwined with the issue of causation in a medical malpractice action, and because such actions are unique in that a defendant doctor can be negligent without being the cause of any injury, the authors submit that a defaulting defendant should be permitted to introduce evidence on the issue of whether the claimed injury resulted from the alleged malpractice, or from another factor or factors, in whole or in part.
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The Battle of the Experts
When complex medical issues are at stake in a trial, attorneys have to address not just the details of the science to allow the jury to engage in its search for truth.
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Landlord & Tenant
Key decisions that affect your practice.
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Cooperatives & Condominiums
A recent case of importance.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- Current Issues In Enforcing Judgments Against LLCsWhen a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.Read More ›
