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July 05, 2022 | New York Law Journal

Belt and Suspenders? DOJ Adds New Certification Requirement to Corporate Plea Agreements

The DOJ's certification requirement amounts to a hybrid of corporate and individual responsibility.
10 minute read
June 22, 2022 | New York Law Journal

Judicial Review of an Arbitrator's Privilege Rulings

Although courts have discretion to adjudicate the merits of privilege objections to an arbitral subpoena, courts may decline to exercise such discretion, as Judge Rakoff did in 'Turner v. CBS Broadcasting'.
9 minute read
June 08, 2022 | New York Law Journal

Rough Seize Ahead: Do Asset Forfeiture Proposals Throw Due Process Overboard?

Congress and the Biden administration need carefully to consider whether making political affiliation a crime in this instance would set a dangerous precedent for the future. Legal advocates need to be alert to legislation or enforcement that threatens to undermine due process protections.
14 minute read
May 18, 2022 | New York Law Journal

'Boechler': A Day Late, But Not Necessarily a Dollar Short

Last month, In 'Boechler, P.C. v. Commissioner of Internal Revenue', the U.S. Supreme Court unanimously held that a 30-day deadline for filing a petition is not jurisdictional and that the Tax Court can apply principles of equitable tolling in deciding to hear delinquent petitions. In this edition of his Tax Litigation Issues column, Jeremy H. Temkin examines the opinion and considers its implications.
9 minute read
May 06, 2022 | New York Law Journal

Cybersecurity and Individual Liability: 'U.S. v. Sullivan' and the Criminalization of a Cyber Attack Response

The prosecution of Sullivan cuts against the grain of prevailing regulation.
10 minute read
May 04, 2022 | New York Law Journal

Jury Rejects Wire Fraud Charges in Boeing Crash Prosecution

The acquittal of Mark Forkner, a former Boeing test pilot, this past March highlights the risks of making the prosecution of individuals a priority.
10 minute read
April 18, 2022 | New York Law Journal

The Psychotherapist Privilege Applies to Nonverbal Communications

In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood analyze the holding in 'United States v. Ray', in which Judge Liman recently addressed the application of the psychotherapist privilege to nonverbal communications. Although 'Ray' is a criminal case, its holdings apply equally to civil actions.
9 minute read
April 13, 2022 | New York Law Journal

License to Pill: SCOTUS Confronts Doctors' Good Faith Defense To Unlawful Distribution of Controlled Substances

If a doctor prescribing controlled substances believes, mistakenly, that he or she is acting within the usual course of professional practice, that sounds like medical malpractice, but is it also a felony?
12 minute read
March 21, 2022 | Supreme Court Brief

At the Lectern: Harvard Law Grads and First Timers Dominate | Kagan & Stare Decisis

The first week of the March argument sitting only has four arguments scheduled, but 13 lawyers will participate.
6 minute read
March 16, 2022 | New York Law Journal

Judge Jackson and the Act-of-Production Doctrine

Although Judge Jackson's advocacy in 'Ponds' does not necessarily foreshadow where she will land on cases that will come before the nation's highest court, her thoughtful approach to the complex constitutional issues presented in 'Ponds' supports the view that criminal defendants of all stripes should welcome her appointment.
9 minute read

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