Criminal Appeals

Analysis of major changes to criminal law and its impact

New York Law Journal |Case Digests

Appellate Division, Second Department: December 7, 2018

December 11, 2018

Appellate Division, Second Department: December 7, 2018
Daily Business Review |News

Markus/Moss Delivers Directed Verdict, Appellate Reversal in Health Care Fraud Cases

Catherine Wilson | December 10, 2018

Most Effective Lawyers: Criminal law — The legal team took home victories in an Orlando trial and a New Orleans appeal.
Texas Lawyer |Case Digests

USA v. Reyes Contreras

December 10, 2018

Reyes-Contreras pleaded guilty to illegal reentry without a plea agreement.
Texas Lawyer |Case Digests

Martin v. State Of Texas

December 10, 2018

Appellant was a passenger in a vehicle that a deputy stopped pursuant to an alleged traffic violation.
Texas Lawyer |Case Digests

Jacobs v. State Of Texas

December 10, 2018

As a result of his unlawful contact with a twelve-year-old, a Bowie County jury found Jacobs guilty of aggravated sexual assault of a child.
New York Law Journal |Case Digests

People v. Zgonena

December 10, 2018

No Exceptional Circumstances Found to Estop Village From Enforcing Code Violations
Texas Lawyer |Case Digests

Blackman v. Davis

December 10, 2018

Blackman was convicted of murder in 1998 and sentenced to life imprisonment.
Texas Lawyer |Case Digests

USA v. Graves

December 10, 2018

Graves pleaded guilty to one count of possessing child pornography.
Texas Lawyer |Case Digests

Money Of The United States v. State Of Texas

December 10, 2018

Appellant, Steen, challenged the trial court's order granting the state's motion for summary judgment and forfeiting money seized pursuant to Chapter 59 of the Texas Code of Criminal Procedure.
Texas Lawyer |Case Digests

Bell v. State Of Texas

December 10, 2018

When Bell was 16, the State filed a petition in juvenile court alleging he had committed aggravated robbery with a weapon.
Texas Lawyer |Case Digests

State Of Texas v. Merritt

December 10, 2018

A magistrate judge issued a search warrant to search a residential apartment for marijuana.
The Legal Intelligencer |Case Digests

Commonwealth v. Hall

December 10, 2018

There was enough circumstantial evidence of defendant's possession of drug-related evidence where the evidence produced at trial, when taken together, linked him to the specific areas of an apartment where illegal drugs and drug paraphernalia were found. The appellate court affirmed defendant's judgment of sentence.
New York Law Journal |Case Digests

People v. Onatolu

December 10, 2018

Ample Evidence of Defendant's Guilt of Harassment, Criminal Contempt Affirms Convictions
New York Law Journal |Commentary

First Department Takes Different Approach to Appeal Waivers

Rolando Acosta | December 07, 2018

In our experience to focus on an appeal waiver when the sentence is not excessive is like allowing the home baseball team to bat in the bottom of the ninth inning when the home team is already ahead; they have already won, so what's the point?
Texas Lawyer |News

Death Penalty Rejected Again for Killer of Pioneering Dallas Civil Rights Attorney

John Council | December 07, 2018

For the second time in eight years, Texas' Court of Criminal Appeals has reversed the death sentence of a man who was convicted for the brutal killing of pioneering Dallas civil rights attorney Fred Finch, one of the first African-American graduates of Harvard Law School, because a jury was not properly instructed about the defendant's intellectual disability.
New York Law Journal |Analysis

Lessons From California and New Jersey Bail Reform Legislation

Youngjin Choi | December 07, 2018

New Jersey's wide-ranging bail reform legislation that all but eliminated cash bail has resulted in a 20 percent reduction of statewide jail population in the first year of its enactment. California just passed a legislation that will completely do away with the monetary bail system, the first of its kind in the nation, starting Oct. 1, 2019. In drafting and adopting its own bail reform legislations, New York should reflect upon these common concerns reported from these “laboratory states.”
New York Law Journal |Case Digests

Appellate Division, Second Department: December 5, 2018

December 07, 2018

Appellate Division, Second Department:December 5, 2018
New York Law Journal |Case Digests

Appellate Division, Second Department: December 5, 2018

December 07, 2018

Appellate Division, Second Department: December 5, 2018
New York Law Journal |Case Digests

People v. Landrum

December 07, 2018

Court Properly Barred Cross-Exam of Officer on Settled Suit as Irrelevant in Criminal Suit
National Law Journal |News

Justice Kagan Throws Shade on Her Originalist Colleagues

Marcia Coyle | December 06, 2018

“Your argument seems, frankly, a little bit one-note,” Kagan told counsel to the challenger during one exchange Thursday in the case Gamble v. United States, which confronts double-jeopardy and an exception to the clause.
New York Law Journal |News

Murder Trial Lawyer Loses Bid to Withdraw Based on Client's 'Unjustified Hostility'

Jason Grant | December 06, 2018

An Appellate Division, First Department panel decided that the trial lawyer had not presented a sufficient reason for removal when the lawyer joined defendant's application for new counsel and “cited only defendant's recent request [for new counsel] and defendant's belligerence in court the preceding day as the basis.”
New York Law Journal |Case Digests

Appellate Division, Second Department: December 4, 2018

December 06, 2018

Appellate Division, Second Department: December 4, 2018
New York Law Journal |Case Digests

Appellate Division, Second Department: December 4, 2018

December 06, 2018

Appellate Division, Second Department: December 4, 2018
New York Law Journal |Case Digests

Appellate Term, First Department: December 4, 2018

December 06, 2018

Appellate Term, First Department: December 4, 2018
Daily Business Review |News

Rich Sex Offender Epstein Settles 1 Suit, But More to Come

Curt Anderson | December 05, 2018

Jeffrey Epstein counted Bill Clinton and Donald Trump among his friends and had some of the finest legal talent in America as his lawyers.
New York Law Journal |Case Digests

Appellate Division: December 4, 2018

December 05, 2018

Appellate Division:December 4, 2018
New York Law Journal |Case Digests

Appellate Term, First Department: December 3, 2018

December 05, 2018

Appellate Term, First Department:December 3, 2018
Litigation Daily |News

Shout-Out: O'Melveny Wins Freedom for Pro Bono Client

Jenna Greene | December 04, 2018

A pro bono team from O'Melveny & Myers helped secure the release of a man who was sentenced to almost 22 years in prison for intent to sell 15 grams of crack cocaine.
New York Law Journal |News

2nd Circuit Finds Leaks Don't Sink Professional Gambler's Insider-Trading Conviction

Colby Hamilton | December 04, 2018

William Walters argued ahead of trial and on appeal that details of the investigation fed by an FBI agent to The Wall Street Journal and The New York Times should nullify his indictment and fatally prejudiced his conviction.
Litigation Daily |News

2nd Circuit Finds FBI Leaks Don't Sink Professional Gambler's Insider-Trading Conviction

Colby Hamilton | December 04, 2018

William Walters argued ahead of trial and on appeal that details of the investigation fed by an FBI agent to The Wall Street Journal and The New York Times should nullify his indictment and fatally prejudiced his conviction.
New York Law Journal |Analysis

First Department Relies on 'Kokesh' to Rule That SEC Disgorgement Is Barred From Coverage

Howard B. Epstein and Theodore A. Keyes | December 04, 2018

Corporate Insurance Law columnists Howard B. Epstein and Theodore A. Keyes write: While the 'Kokesh' ruling is not an insurance ruling, we wrote at the time (as did others) that it might very well have an impact on pending disputes over the insurability of disgorgement payments. The First Department took notice of the ruling and recently held, relying on Kokesh, that because SEC disgorgement constitutes a penalty, disgorged funds did not fall within the definition of loss under the insurance policies at issue.
New York Law Journal |Case Digests

Appellate Term, First Department: November 30, 2018

December 04, 2018

Appellate Term, First Department: November 30, 2018
New York Law Journal |Case Digests

Appellate Division, Second Department: November 30, 2018

December 04, 2018

Appellate Division, Second Department: November 30, 2018
The Legal Intelligencer |Case Digests

Commonwealth v. Ortiz

December 04, 2018

The intermediate court did not err in overturning defendant's conviction for kidnapping of a minor under §2901(a.1)(2) of the Crimes Code since the crime of interference with custody of children committed by a biological parent cannot serve as a predicate felony to support such a conviction. The high court affirmed the appellate court's ruling.
The Legal Intelligencer |Case Digests

Commonwealth v. Hart

December 04, 2018

Defendant was entitled to an evidentiary hearing to determine the timeliness of his second petition for post-conviction relief where there were disputed issues of fact regarding whether he satisfied his burden of proof on the discovery rule exception to the timeliness requirement. The appellate court vacated and remanded for further proceedings.
The Legal Intelligencer |Case Digests

Commonwealth v. Sarvey

December 04, 2018

While the trial court properly held that defendant's crimes did not merge for sentencing purposes given disparate elements, defendant raised a meritorious claim of ineffectiveness of counsel for failing to challenge a clearly harsh sentence imposed for one criminal episode of attempting to pass a small quantity of prescription pills to another inmate. The court reversed and remanded.
New Jersey Law Journal |News

Malpractice Claim Against Public Defender Tossed Over Wrongful Conviction

Charles Toutant | December 03, 2018

An appeals court dismisses a malpractice suit against the Office of the Public Defender for failure to comply with procedural requirements of the Tort Claims Act.
New York Law Journal |Case Digests

Appellate Division, First Department: November 29, 2018

December 03, 2018

Appellate Division, First Department:November 29, 2018
New York Law Journal |Case Digests

Appellate Term, Second Department: November 28, 2018

December 03, 2018

Appellate Term, Second Department: November 28, 2018
Texas Lawyer |Case Digests

Speck v. State Of Texas

December 03, 2018

While driving not in an "Exit Only" lane, Speck failed to utilize his turn signal to indicate he was taking an optional exit off the highway.
Texas Lawyer |Case Digests

Gonzalez v. State Of Texas

December 03, 2018

In 2009, Gonzalez was charged with driving while intoxicated. After five months, she agreed to participate in a Mental Health Court Program, in which she participated for six months to a year.
Texas Lawyer |Case Digests

Hummel v. Davis

December 03, 2018

Authorities found Hummel's pregnant wife, father-in-law and five-year-old daughter dead inside Hummel's burning house.
New York Law Journal |Case Digests

Appellate Division, Second Department:November 29, 2018

December 03, 2018

Appellate Division, Second Department:November 29, 2018
Texas Lawyer |Case Digests

USA v. Valle Ramirez

December 03, 2018

Appellant pled guilty to being an alien found unlawfully present in the United States after having been deported.
New York Law Journal |Case Digests

Appellate Term, First Department: November 29, 2018

December 03, 2018

Appellate Term, First Department:November 29, 2018
New York Law Journal |Case Digests

People v. Shareef

December 03, 2018

Waiver of Counsel Knowing as Defendant Expressed Unequivocal Desire to Proceed Pro Se
Texas Lawyer |Case Digests

Lang v. State of Texas

December 03, 2018

Appellant was caught exiting from an HEB grocery store with a combination of paid and unpaid items.
Texas Lawyer |Case Digests

Lopez v. State Of Texas

December 03, 2018

Lopez was convicted of eleven counts of sexual assault and sentenced to 25 years in prison for each count.
National Law Journal |

Supreme Court Advocates Push Back on 'Harmful' Proposed Word Limits

Tony Mauro | November 30, 2018

“Brief writers would often have to sacrifice readability and clarity to meet the word limit,” according to a letter 18 firms sent to the U.S. Supreme Court on Friday.
New York Law Journal |Analysis

Here's a Good Judiciary Law §487 Question for the Second Circuit to Certify in 'Bounkhoun'

Anita Bernstein and John Crain | November 30, 2018

Which elements not expressly provisioned in Judiciary Law §487, if any, are necessary for a successful claim of treble damages?
National Law Journal |News

Challengers to Matt Whitaker's Appointment Ask Justices for Rare Argument

Marcia Coyle | November 30, 2018

The Supreme Court's rules don't forbid argument on motions, but do say they "will not be permitted unless the court so directs."
New York Law Journal |Case Digests

The People of the State of New York v. Raymond J. Quell

November 30, 2018

New York v. Raymond J. Quell
New York Law Journal |Case Digests

In the Matter of Benjamin Haug v. State University of New York at Potsdam et al.

November 30, 2018

Matter of Benjamin Haug v. State University of New York at Potsdam et al.
New York Law Journal |Case Digests

In the Matter of Anonymous, an Applicant for Admission to Practice as an Attorney and Counselor at Law.

November 30, 2018

Matter of Anonymous, an Applicant for Admission to Practice as an Attorney and Coun
New York Law Journal |Case Digests

In the Matter of Chirayu Aaron Patel, an Attorney.

November 30, 2018

Matter of Chirayu Aaron Patel, an Attorney.
New York Law Journal |Case Digests

Talib Alsaifullah v. State of New York

November 30, 2018

Talib Alsaifullah v. State of New York
New York Law Journal |Case Digests

Olena Prokopov v. Andrei Doskotch

November 30, 2018

Olena Prokopov v. Andrei Doskotch
Daily Report Online |News

Gorsuch, Kavanaugh and Sotomayor Sound Skeptical of States' Civil Forfeiture

Mike Scarcella | November 28, 2018

"Here we are in 2018 still litigating incorporation of the Bill of Rights. Really?" Justice Neil Gorsuch said at one point during Wednesday's oral argument in a closely watched civil forfeiture case.
National Law Journal |News

227 Years Later, 'Excessive Fines' Ban Could Reach States

Tony Mauro | November 28, 2018

"Here we are in 2018 still litigating incorporation of the Bill of Rights. Really?" Justice Neil Gorsuch said at one point during Wednesday's oral argument in a closely watched civil forfeiture case.
New York Law Journal |Commentary

Protect the Innocent, Prevent Wrongful Conviction

Michael Miller | November 28, 2018

The number of exonerations in New York undermines the assumption that we sufficiently protect the innocent. It is of paramount importance to all New Yorkers and all Americans that the entire criminal justice system work together to ensure only the guilty are convicted.
New York Law Journal |News

Risk of Deportation Mandates Jury Trial for Noncitizens, NY Court of Appeals Rules

Dan M. Clark | November 28, 2018

Bronx District Attorney Darcel Clark, a Democrat, criticized the decision in a statement and said her office is considering bringing the case before the U.S. Supreme Court, which would hold rank over the state's highest court in matters of immigration law.
New York Law Journal |Analysis

Crimes of Violence and Risk-of-Force Clauses

Martin Flumenbaum and Brad S. Karp | November 27, 2018

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: In September, the Second Circuit decided that the Armed Career Criminal Act's (ACCA) §924(c)(3)(B) “risk-of-force clause,” which defines “crime of violence” for the purposes of the ACCA's firearms-related sentencing enhancements, is still constitutional despite the Supreme Court's recent 'Johnson' and 'Dimaya' decisions, two cases that struck down similar provisions as unconstitutionally vague.
New Jersey Law Journal |News

Majority of Baroni and Kelly Convictions Upheld by 3rd Circuit

Michael Booth | November 27, 2018

The ruling means that two of the seven counts charging Bridget Anne Kelly and William Baroni Jr. with arranging the politically motivated lane closures at the George Washington Bridge in September 2013 are vacated, but the others remain.
Law.com |News

Majority of Bridgegate Convictions Upheld by 3rd Circuit

Michael Booth | November 27, 2018

The ruling means that two of the seven counts of the indictment charging Bridget Anne Kelly and William Baroni Jr. with arranging the politically motivated lane closures at the George Washington Bridge in September 2013 are vacated, but the others remain.
The Legal Intelligencer |News

Pa. High Court Rejects Ex-AG Kane's Criminal Appeal

Lizzy McLellan | November 26, 2018

Kathleen Kane was found guilty more than two years ago, but will now begin to serve her jail sentence.
New York Law Journal |Commentary

In Defense of Appeal Waivers

Larry Cunningham | November 26, 2018

In response to David Loftis' letter, "Appeal Waivers Are Not Truly Voluntary" (Nov. 15, 2018), consider this different perspective on appeal waivers in criminal cases, one that situates them in the context in which they are made.
Supreme Court Brief |

Q&A: Rare Amicus Argument | GoFundMe & SCOTUS Briefing | Workplace Bias Petitions on Deck

Tony Mauro | Marcia Coyle | November 26, 2018

We've got a Q&A with former Justice Souter clerk Riyaz Kanji of Ann Arbor's Kanji & Katzen, making his debut argument Tuesday as an amicus in a closely watch capital case. Plus: GoFundMe campaigns are playing a part in some action at the high court. Thanks for reading Supreme Court Brief.
National Law Journal |

Papadopoulos, Convicted Ex-Trump Adviser, Loses Bid to Delay Prison Term

ALM Staff | November 25, 2018

"Papadopoulos has not identified any extenuating circumstances—nor is the court aware of any—that would overcome the presumption against granting such an eleventh-hour stay," U.S. District Judge Randolph Moss wrote Sunday.
The Legal Intelligencer |Commentary

Where Children Don't Belong: Adult Jail

Lauren Fine and Joanna Visser Adjoian | November 23, 2018

In the course of more than four years of working directly with youth facing charges in the adult justice system, we have visited teenagers in Philadelphia's adult jails dozens of times. No matter how many visits we make, the inhumanity of the practice of holding youth as adults is striking, and painful to experience. It is wrong, and it should end.
Texas Lawyer |News

Decision Blocking Pay for Special Prosecutors on Ken Paxton Case Upheld on Appeal

John Council | November 21, 2018

The Court of Criminal Appeals has refused to overturn a ruling that's preventing the three Houston attorneys appointed as special prosecutors in the criminal case against Ken Paxton from getting paid.
National Law Journal |

Papadopoulos Must Go Directly to Prison, No Delay, Mueller Tells Judge

C. Ryan Barber | November 21, 2018

“Here, as part of a favorable plea agreement, the defendant waived his appeal and did not file a timely notice. The defendant received what he bargained for, and holding him to it is not a hardship,” special counsel prosecutors said.
New York Law Journal |News

Disbarred Lawyer Fighting to Toss Conviction for Bribery of Private Agent to Gain Client Referrals

Andrew Denney | November 20, 2018

A disbarred criminal defense attorney and his paralegal are fighting to toss out their 2016 convictions of bribing an agent from the New York City Criminal Justice Agency to steer clients their way, arguing that the employee was not a public official.
New York Law Journal |Analysis

Forceful Brief Writing and Oral Argument

Joseph P. Napoli and Kristina Georgiou | November 20, 2018

The best way to win an appeal is to thoroughly prepare your case on the facts and on the law.
National Law Journal |News

Gorsuch, Sotomayor Team Up to Champion a Scalia Cause

Marcia Coyle | November 19, 2018

"I still have two relatively new colleagues, one very new colleague, Brett Kavanaugh and Neil Gorsuch. And we've agreed in quite a few cases, we've disagreed in a bunch," Sotomayor said in a recent interview.
Daily Report Online |News

In Alabama Case, Gorsuch and Sotomayor Champion a Scalia Cause

Mike Scarcella | November 19, 2018

"I still have two relatively new colleagues, one very new colleague, Brett Kavanaugh and Neil Gorsuch. And we've agreed in quite a few cases, we've disagreed in a bunch," Sotomayor said in a recent interview.
National Law Journal |

Justices Urged to Review Whitaker's Appointment as Acting Attorney General

Marcia Coyle | November 16, 2018

"This is the extraordinary case in which the identity of the successor is both contested and has important implications for the administration of justice nationally," Thomas Goldstein wrote in a court filing at the U.S. Supreme Court on Friday.
Litigation Daily |

Supreme Court Urged to Review Whitaker's Appointment as Acting Attorney General

Marcia Coyle | November 16, 2018

"This is the extraordinary case in which the identity of the successor is both contested and has important implications for the administration of justice nationally," Thomas Goldstein wrote in a court filing at the U.S. Supreme Court on Friday.
National Law Journal |News

Convicted Ex-Trump Adviser Papadopoulos Confronts Mueller's Authority

Nate Robson | November 16, 2018

"Requiring Mr. Papadopoulos to serve a sentence for a conviction that may be void would be unjust," new defense lawyers for George Papadopoulos said in a court filing Friday.
New York Law Journal |Analysis

Constitutional Questions in Corporate Internal Investigations

Elkan Abramowitz and Jonathan S. Sack | November 16, 2018

White-Collar Crime columnists Elkan Abramowitz and Jonathan S. Sack discuss the relationship between corporate internal investigations and the constitutional rights asserted by the defense in 'United States v. Connolly' and 'United States v. Blumberg'. While neither case resulted in a dispositive ruling, the defense arguments, government opposition and judicial reactions are instructive.
New York Law Journal |News

State, Local Cops May Not Make Immigration Arrests, NY Appeals Court Rules

Andrew Denney | November 14, 2018

The unanimous ruling by the Appellate Division, Second Department rejected the Suffolk County Sheriff's Department's policy of keeping inmates who are the subjects of ICE detention or deportation orders for up to 48 hours after the time that they normally would have been released and immediately notifying immigration authorities.
New York Law Journal |Analysis

What Will Justice Kavanaugh Mean for Criminal Tax Defendants?

Jeremy H. Temkin | November 14, 2018

In his Tax Litigation Issues column, Jeremy H. Temkin writes: Regardless of what they think about Justice Kavanaugh's record on other issues, criminal defense lawyers are likely to view his approach to the imposition of sentencing—the most impactful issue facing their clients who may find themselves convicted of federal offenses—as somewhat of a mixed bag.
New Jersey Law Journal |News

Bad Alcotest Calibrations Invalidate More Than 20,000 DWI Charges

Michael Booth | November 13, 2018

In a unanimous ruling on Tuesday, the court said that the technician's failure to properly calibrate the breath-test machines means that 20,667 cases must be either retried, in the case of convictions, or perhaps abandoned, if they are still pending.
Daily Business Review |News

1,000-Year Prison Sentences Upheld in Case Hinged on Eighth Amendment

Raychel Lean | November 12, 2018

A divided Florida Supreme Court ruled that convicted rapist Arthur O'Derrell Franklin's three 1,000-year prison sentences do not violate the U.S. Constitution because he's still eligible for parole — when he's 387 years old.
New York Law Journal |News

NY Appeals Judges Say Trial Courts Should Act to Quell Appeal Waiver Challenges

Andrew Denney | November 09, 2018

Two justices from the Appellate Division, Second Department issued separate signed opinions in which both said that trial court judges should take extra steps to ensure that defendants are knowingly and intelligently waiving their appeal rights.
New York Law Journal |

The Criminal Practitioner's Guide to Representing Financial Professionals

Jeff Kern | November 09, 2018

New York's status as the global finance capital means that members of the metro-area criminal bar sometimes find themselves defending stockbrokers, investment bankers, traders, research analysts, compliance officers, and other financial professionals. While these cases often generate robust retainers, they also present unique challenges resulting from the regulatory reporting regime that governs the securities industry.
Litigation Daily |Q&A

Litigator of the Week: A Win on a Silver Platter

Jenna Greene | November 09, 2018

Alexandra Shapiro, the co-founder of New York City-based litigation boutique Shapiro Arato, handed federal prosecutors a high-profile defeat in one of the slipperiest areas of the law: Insider trading.
Daily Report Online |News

After Two Mistrials, DeKalb Jury Clears Siblings of Shooting, Robbing Store Clerk

Greg Land | November 08, 2018

The hard-fought case against brother-sister defendants was tried three times before a jury voted to acquit them. One day earlier, another DeKalb jury cleared a pair of defendants of murder charges in a drug-related shooting.
New York Law Journal |Analysis

Ineffective Assistance of Counsel, Virtual Currency Fraud, and Bank Immunity

Harvey M. Stone and Richard H. Dolan | November 08, 2018

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss three recent decisions: in the first, failure to seek accommodations at trial for a hearing-impaired client amounted to ineffective assistance of counsel; in another, an indictment charging securities fraud relating to virtual currency was upheld; and in the last, a bank was found to have immunity under the Anti-Money Laundering Act.
New York Law Journal |Analysis

Bill Seeks to End 'Unjust and Nonsensical' Disparity in Scope of Appellate Representation

Alfred O'Connor | November 08, 2018

Enactment into law of Assemblywoman Cook's bill would raise the overall level of appellate practice in the state.
New Jersey Law Journal |News

Appeals Court Affirms 7-Year Sentence for Disbarred Attorney in $100K Theft Case

Michael Booth | November 07, 2018

A three-judge Appellate Division panel in an unpublished decision brushed aside a slew of objections raised by the ex-lawyer, Eugene Lavergne, to how his 2014 trial was handled.
Texas Lawyer |News

'Blue Wave' Hits Texas Judiciary as Democrats Win Seats on Four Appellate Courts

John Council | November 07, 2018

While Democrats failed to elect a single candidate to statewide office in Texas in yesterday's 2018 general election, a blue wave did manage to hit the state hard in crucial down-ballot races, as Democrats won every single seat up for grabs on four of its most influential intermediate appellate courts.
New York Law Journal |Analysis

The Foreign Corrupt Practices Act: A Trip-Wire for Financial Executives

Philip M. Berkowitz | November 07, 2018

In his Employment Issues column, Philip M. Berkowitz writes: The Foreign Corrupt Practices Act is often associated with payoffs between shadowy figures for contracts made in remote parts of the world. But a spate of recent prosecutions and civil settlements makes clear that the financial services industry is in fact a significant target for potential violations of this centerpiece compliance legislation.
New York Law Journal |Analysis

Understanding the Global Reach of U.S. Sanctions

Wade Weems and Beau Barnes | November 07, 2018

Even inadvertent sanctions violations that are voluntarily disclosed to the U.S. government can be considered “egregious” and subject violators to significant fines. In this climate, counsel for companies that do business with, and in close proximity to, sanctioned individuals, corporate entities, and countries should be aware of the global reach of U.S. sanctions.
New York Law Journal |Analysis

New Practice Rules of the Appellate Division

Thomas R. Newman and Steven J. Ahmuty Jr. | November 06, 2018

Appellate Practice columnists Thomas R. Newman and Steven J. Ahmuty Jr. examine several major provisions of the new uniform rules, including electronic filing requirements, filing deadlines for appellate submissions, and motion practice.
The Recorder |Q&A

NITs to Pick: An EFF Attorney Riffs on a Recent Ninth Circuit Malware Decision

Ian Lopez | November 02, 2018

The Electronic Frontier Foundation's Andrew Crocker says that a controversial warrant employed in an FBI child pornography sting also recently waived on by other circuits is “really inconsistent with the idea of the Fourth Amendment.”
New York Law Journal |

Third Circuit Creates Split Regarding Domestic Injury Requirement for a Civil RICO Claim

Justin J. Santolli | November 02, 2018

The Third Circuit's recent decision serves to underscore that the law regarding the domestic injury requirement is still evolving and needs to be carefully monitored by those involved with or considering bringing RICO claims.
Daily Business Review |News

Supreme Court Rules Car Can Be 'Weapon' for Enhanced Sentencing

Jim Saunders | November 02, 2018

The justices, in a 6-1 decision, rejected an appeal by Adam Shepard, who was convicted on a charge of manslaughter with a weapon after fatally striking Spencer Schott with a car in January 2011 following the altercation.
New York Law Journal |Analysis

Confronting the Company: Corporate Guilty Pleas as Evidence in Criminal Trials

William F. Johnson | October 31, 2018

Corporate Crime columnist William F. Johnson writes: Can the guilty plea allocution of a corporation be admitted against an individual defendant in a criminal trial to prove the existence of a conspiracy? A recent evidentiary ruling in the Southern District of New York suggests it can, provided that “signatories” to the corporate plea agreement are available for cross-examination.
New York Law Journal |Analysis

Section 1983 Taser Cases (Part II)

Martin A. Schwartz | October 30, 2018

In his Section 1983 Litigation column, Martin A. Schwartz continues his analysis of cases involving the use of Tasers. He writes: The critical Fourth Amendment issue is whether, under the totality of the circumstances facing the officer, the officer's use of her Taser was reasonable. In this column we identify the relevant circumstances in the totality of the circumstances, analyze their significance, describe discernible patterns in the decisional law, and discuss significant recent §1983 Taser decisions.
New York Law Journal |Analysis

Section 1983 Taser Cases (Part I)

Professor Martin A. Schwartz | October 29, 2018

In his Section 1983 Litigation column, Martin A. Schwartz describes how Tasers operate and reviews the general Fourth Amendment and qualified immunity principles governing §1983 excessive force claims.
The Recorder |News

Despite 'Constitutional Error,' 9th Circuit OKs Evidence From Child Porn Warrant

Ian Lopez | October 26, 2018

The court agreed with appellant's argument that a magistrate judge issued a warrant beyond their scope, but found the investigators acted in good faith in executing the warrant.
The Legal Intelligencer |News

Justices Limit Scope of Consent to Vehicle Searches During Traffic Stops

Zack Needles | October 25, 2018

The justices ruled 4-3 to reverse a unanimous Superior Court decision upholding a Centre County trial judge's denial of defendant Randy Valdivia's motion to suppress all evidence seized from his vehicle during the traffic stop.
New York Law Journal |Analysis

U.S., U.K. Enforcement Actions Highlight Risks to Corporate Targets of Cyber Incidents

Vera M. Kachnowski and Peter J. Sluka | October 25, 2018

International Criminal Law and Enforcement columnists Vera M. Kachnowski and Peter J. Sluka write: Recent enforcement actions from U.S. and U.K. regulators highlight the risks companies face if their cybersecurity measures are deemed inadequate.
Daily Report Online |News

Vehicular Homicide Conviction Undone by Another DUI Arrest

Katheryn Tucker | October 24, 2018

“We find the evidence sufficient, but reverse her convictions because the trial court erred by admitting evidence of the subsequent act,” Presiding Judge Sara Doyle said.
New York Law Journal |News

Judge's Failure to Share Jury Notes With Lawyer Upends 2006 Upstate Murder Conviction

Jason Grant | October 24, 2018

An Appellate Division, Fourth Department panel has ruled that then-Monroe County Court Judge Stephen Sirkin “violated the core requirements of CPL 310.30 in failing to advise counsel … of the contents of a substantive jury note."

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From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.
Exclusive Depth and Reach.

Legal Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.
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Legal Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

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Legalweek 2019

January 28, 2019 - January 31, 2019
New York, NY

Brings together all facets of the legal profession to address the key challenges facing the industry
GlobeSt. Philadelphia 2019

February 13, 2019
Philadelphia, PA

Connect with greater Philadelphia's elite commercial real estate professionals at the largest & longest running event in area.
Trust & Estates Litigation Forum 2019

March 07, 2019 - March 09, 2019
Girona

Annual forum for the world's leading trust and estate litigators.

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webseminar

How Legal Financing Benefits the Bottom Line

Sponsored by: Burford Capital | March 05, 2018

[ON-DEMAND] Learn about financing structures and pricing and how it helps firms remain competitive.

webseminar

Litigation Finance: A Tool to Improve Client Service & Profitability

Sponsored by Burford Capital | December 07, 2017

[ON-DEMAND] Join this webcast to learn what’s driving the five-fold growth of litigation finance and how it can improve your firm’s profitability.

webseminar

Demystifying Automation, Analytics, and Predictive Coding in E-Discovery

Sponsored by RVM Enterprises Inc. | November 16, 2017

[ON-DEMAND] Join this webcast to receive an overview of the latest trends and uses for analytics in eDiscovery.

U.S. Counsel

Philadelphia, Pennsylvania, United States

Aberdeen Standard Investments is a leading global asset manager dedicated to creating long term value for clients. To achieve this, we offer...
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Insurance Coverage Attorney

Garden City, New York, United States

Farber, Brocks & Zane, LLP is seeking an attorney for our Garden City, New York office to join our insurance coverage practice group. Candid...
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Corporate Attorney

New York, New York, United States

A growing NYC law firm located in Midtown-East with approximately 75 attorneys is seeking acorporate attorney with 3-6 years of experience, ...
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LOWENSTEIN SANDLER LLP

12/10/2018
NJLJ Web

LOWENSTEIN SANDLER LLP ANNOUNCES
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BRAFF, HARRIS & SUKONECK

12/10/2018
NJLJ Web

IN MEMORIAM: Harold I. Braff
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PARRETT, PORTO, PARESE & COLWELL, P.C.

12/10/2018
Connecticut Law Tribune

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