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26 Nov 2018, 3:30 am
Tip #2: You may have a duty to protect employee information from criminals. [read post]
31 Oct 2015, 4:51 am
Id. at 2. [read post]
5 Dec 2014, 4:57 am
Code § 1030(a)(2)(C). [read post]
2 Jan 2011, 1:46 pm
Id. at *2. [read post]
21 Jul 2008, 3:50 am
Second, if it is, does the state-secret privilege apply because (1) there is "a reasonable danger that compulsion of the evidence will expose ... matters which, in the interest of national security, should not be divulged," and (2) the privilege is "lodged by the head of the department which has control over the matter, after actual personal consideration by that officer"? [read post]
18 May 2010, 9:46 am
A defendant is entitled to a Preliminary Hearing only under the following conditions: (1) the highest charge in the Complaint and Information is a Felony 1, 2 or 3, or the individual defendant is in custody at the time of the Preliminary Hearing. [read post]
26 Jun 2008, 4:33 pm
The mails were used for filing and payments.The defendants here would collect the daily sales receipts, count the cash, and deposit, report and pay taxes only on a portion of the cash. [read post]
21 Jun 2019, 12:19 pm
The court explained that, In a prosecution under §922(g) and §924(a)(2), the Government must prove both that the defendant knew he possessed a firearm and that he knew he belonged to the relevant category of persons barred from possessing a firearm. [read post]
27 Aug 2010, 3:42 pm
The decision does not bar the defense rather it identifies exceptions that are likely to be raised by defendants in the future. [read post]
30 Jan 2024, 9:02 pm
The upshot: so long as a defendant says what the SEC wants to hear (or says nothing at all), he does not violate the No-Admit-No-Deny Provision. [read post]
26 Jun 2011, 2:22 pm
I want to continue blogging about Wal-Mart, and explain why I disagree with the Court's interpretation of "commonality" under Rule 23(b)(2). [read post]
30 Apr 2012, 3:00 am
Buck & Doe Run Valley Farms, LLC, 2008 WL 3846318 (Del. [read post]
21 Dec 2022, 11:57 am
" (Id. at 2). [read post]
26 May 2011, 5:54 am
This requires pleading (1) direct infringement by a third party; (2) defendant’s actual or constructive knowledge of infringement; and (3) defendant’s material contribution. [read post]
5 Nov 2018, 5:00 am
In personal injury cases, the following aspects must be established: Does the defendant owe a duty to the injured person? [read post]
16 Sep 2013, 4:53 pm
Under the circumstances, it is preferable pursuant to CPL 470.15(2) (a), 470.20(4) to apply the provisions of Penal Law § 105.05 as the evidence was legally sufficient to establish the guilt of the defendants of conspiracy in the third degree. [read post]
11 Oct 2006, 5:57 am
§ 3553(a)(2) -- to wit, the need for the sentence imposed to: (a) reflect the seriousness of the offense,to promote respect for the law, and to provide just punishment for the offense; (b) to afford adequate deterrence to criminal conduct; (c) to protect the public from further crimes by the defendant; and (d) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner. [read post]
25 Oct 2011, 3:03 am
¶ 2. [read post]
6 Aug 2012, 5:58 am
The Supreme Court’s decision The Supreme Court held that, notwithstanding the decision of the Court of Appeal in Ul-Haq, the court does have jurisdiction to strike out a claim under CPR 3.4(2) for abuse of process, even after a trial at which the court has determined liability and quantum. [read post]
23 Oct 2014, 5:08 am
July 2, 2014). [read post]
