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23 Jun 2016, 9:35 am by Jon Sands
Cisneros, No. 13-30066 (NR Smith with Goodwin and Ikuta) --- Following a GVR in light of Johnson, the Ninth Circuit vacated an ACCA-enhanced sentence for felon in possession and remanded with instructions to resentence the defendant without the enhancement, because his prior convictions for eluding a police officer and for first-degree burglary under Oregon law are no longer "crimes of violence. [read post]
22 Jun 2016, 9:59 pm by Morgan Weiland
There, he pushed back on my claim that there is a tension between the First Amendment and CDA 230, pointing to precedent about intermediaries – including bookstores (Smith v. [read post]
22 Jun 2016, 8:00 am by Ilya Somin
NOTE: Some of the points made in this post were suggested by Nevada Solicitor General Lawrence VanDyke and Assistant Solicitor General Jordan Smith. [read post]
20 Jun 2016, 6:52 pm by Ronald Mann
Before it issues a patent, the PTO considers applications under a “broadest reasonable interpretation” (BRI) standard: if the broadest reasonable interpretation of the application’s claims conflicts with prior inventions, the patent will not issue; the applicant typically amends the claims to avoid the prior art and tries again. [read post]
In January, members of Reed Smith’s global regulatory enforcement and appellate groups submitted an amicus brief on behalf of the National Association of Criminal Defense Lawyers in the Escobar case. [read post]
16 Jun 2016, 2:48 pm by Kevin LaCroix
  BACKGROUND   Last week the SEC issued a settled administrative order finding that Morgan Stanley Smith Barney (now rebranded as Morgan Stanley Wealth Management) failed to adopt written policies and procedures reasonably designed to protect customer data. [read post]
15 Jun 2016, 12:32 pm
As part of those applications, the FBI recited that these records included `[a]ll subscriber information, toll records and call detail records including listed and unlisted numbers dialed or otherwise transmitted to and from [the] target telephones from December 1, 2010 to present[,]’ as well as `cell site information for the target telephones at call origination and at call termination for incoming and outgoing calls[.] [read post]
14 Jun 2016, 1:48 pm by Michael Markarian
Smith in today’s The New York Times, “For the species covered in the House report, the Fish and Wildlife Service required only one import permit from 2010 to 2014, though more than 2,700 trophies eligible for permitting were imported during that time. [read post]
11 Jun 2016, 10:19 am by David Kopel
The statute further says that the applicant must have a “good cause” for requesting the permit. [read post]
10 Jun 2016, 7:12 am by D. Daxton White
Morgan Stanley’s policies and procedures were not reasonable, however, for two internal web applications or “portals” that allowed its employees to access customers’ confidential account information. [read post]
9 Jun 2016, 5:51 am by Eugene Volokh
I blogged two weeks ago about a First Amendment challenge to California Penal Code § 9026.5, which makes it a crime to rebroadcast televised California Assembly proceedings “for any political or commercial purpose, including, but not limited to, any campaign for elective public office or any campaign supporting or opposing a ballot proposition submitted to the electors. [read post]
9 Jun 2016, 4:37 am by Jon Hyman
com for employee Jane Smith would be preferable to jane.smith@company.com or jane@company.com. [read post]