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5 Sep 2018, 10:25 am by Jon Sands
The 9th, following Valdes-Vega, 738 F.3d 1074 (9th Cir. 2013)(en banc) reviewed de novo, but gave “due weight” to the police agents’ and courts inferences drawn from facts. [read post]
5 Sep 2018, 9:00 am by Jack Sharman
  In addition, after an indictment has issued, prosecutors may “supersede” (meaning to issue an amended or supplemental indictment on the same subject matter and addressing the same defendant or additional defendants). [read post]
4 Sep 2018, 4:34 am by Andrew Lavoott Bluestone
Brothers-in-law can be a problem to a successful car sales operation as is sadly set forth in Brausch v Devery  2018 NY Slip Op 31929(U) August 7, 2018  Supreme Court, Suffolk County Docket Number: 11-28918  Judge: Denise F. [read post]
3 Sep 2018, 2:56 pm
  The two stopped, and one of them said, "What the f*** are you doing? [read post]
1 Sep 2018, 4:26 am by SHG
New Fifth Circuit Judge Don Willett agreed with the majority that, under the current state of the law, the court was constrained to grant the defendants QI in Zadeh v. [read post]
31 Aug 2018, 11:59 am by John Floyd
The following are strict Rule 11 requirements federal judges must adhere to when accepting guilty pleas, especially those conditioned on agreements with the Government:   Rule 11(b)(1) (B-F) requires the court to convey to the defendant that by pleading guilty they waive the following rights: right to a jury trial; right against self-incrimination; the right to maintain previously entered not guilty plea; the right to testify at a trial, the right to compel the appearance of… [read post]
31 Aug 2018, 6:29 am by MBettman
The state had argued quite heatedly that R.C. 2125.021(F)(1)(b) could never be applied to violent offenses. [read post]
30 Aug 2018, 4:44 pm by Kevin LaCroix
  While Hoskins involved an individual foreign defendant, the Second Circuit’s decision has implications for foreign corporations, which are also covered by the FCPA.[3]  This case has been long-anticipated for its potential to proscribe the reach of the FCPA to foreign actors,[4] and will provide greater clarity to foreign companies that are trying to determine whether to take advantage of the DOJ’s FCPA Corporate Enforcement Policy.[5]   Background The… [read post]
30 Aug 2018, 11:15 am by Frank Santoro
As a general rule, a party cannot recover attorney’s fees for successfully prosecuting or defending a lawsuit. [read post]
29 Aug 2018, 7:49 pm
The letter includes a list of Chinese officials who should be considered for sanctions under the Global Magnitsky Human Rights Accountability Act (P.L. 114-328, Subtitle F), including Chen Quanguo, XUAR Communist Party Secretary and Politburo Member. [read post]
29 Aug 2018, 1:20 pm
  The defendant does indeed steal for a living, and is a recidivist. [read post]
29 Aug 2018, 10:32 am by InvestorLawyers
  Equitybuild Finance, f/k/a Hard Money Company, LLC, is structured as a Delaware limited liability company. [read post]