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12 Dec 2019, 12:04 pm by Peter Margulies
To obtain an order from the FISC authorizing surveillance, the government needs to show probable cause that the target is an agent of a foreign power, which could include a state such as Russia or a nonstate actor such as ISIS or al-Qaeda. [read post]
12 Dec 2019, 11:16 am by Milena Sterio
  In addition to the General Debate, there were thematic plenary sessions on cooperation and the review of the Court, and a large number of civil society and State Party-sponsored “side-events. [read post]
12 Dec 2019, 8:58 am by Phil Dixon
This post summarizes published decisions from the Fourth Circuit Court of Appeals that may be of interest to state criminal practitioners from November, 2019. (1) Motion in limine to prohibit the use of the word “robbery” by government witnesses properly denied; (2) No error to deny mistrial following witness’s emotional outburst; (3) Pretrial publicity did not rise to the level of creating a presumption of prejudice and defendant failed to show actual prejudice; (4)… [read post]
12 Dec 2019, 8:41 am by Kevin Kaufman
Other high-profile releases from 2019 include final regulations guiding enforcement of Section 199A, commonly known as the pass-through deduction; final regulations on enforcing the new tax on global intangible low-tax income (GILTI); and final regulations on state-level workarounds to the $10,000 limit on the state and local tax deduction (SALT). [read post]
12 Dec 2019, 7:05 am by Dan Harris
A third type of fraud commonly seen is where criminal organizations buy failing operators and continue to trade under their name in a state of virtual insolvency. [read post]
12 Dec 2019, 3:27 am by SHG
And if all the defense counsel can do to help his client is blow smoke up the jury’s butt, because facts and evidence don’t always cooperate with the defense, then that’s just as much his duty as well. [read post]
11 Dec 2019, 1:10 pm by John Floyd
The initial informant requests by the FBI escalated to severe pressure being applied against the men as they refused to cooperate and become snitches. [read post]
He did so through a scheme or course of conduct that included soliciting using his authority over United States officials and channels of communication to use them to solicit the Government of Ukraine to publicly announce investigations that would benefit his reelection, harm the election prospects of a political opponent, and influence the 2020 United States Presidential election to his advantage. [read post]
11 Dec 2019, 9:23 am by Brian Greer
While relations were tense at the outset of the investigation and near its conclusion, for the majority of the investigation, the two sides had a productive, respectful, and cooperative working relationship. [read post]
The Constitution says that the next step would be a trial in the Senate, presided over by the Chief Justice of the United States. [read post]
11 Dec 2019, 4:31 am by Robert Black
The first article charges President Trump with “abuse of power” for his actions regarding Ukraine, while the second charges him with “obstruction of Congress” for his blanket refusal to cooperate with the impeachment inquiry. [read post]
The report also states that the GDPR lacks appropriate provisions on profiling and direct marketing. [read post]
11 Dec 2019, 3:03 am by Liz Dunshee
This Nixon Peabody memo blacklines the revisions – and explains they could be interpreted to encourage companies to share more information at an earlier stage of internal investigations in order to get full cooperation credit. [read post]
10 Dec 2019, 9:05 pm by Simone Hussussian
Experts predict that this solution would lead to “significant changes in the lived experience of the ACA for subsidized buyers in most states. [read post]
ASIC Commissioner Danielle Press stated that while disclosure has its limits, the greater clarity provided in the revised RG 97 should result in more “transparent and useable fees and costs information being produced”. [read post]
The first states that Trump’s efforts to extort Ukraine “were consistent with President Trump’s previous invitations of foreign interference in United States elections. [read post]
On 9 December 2019, the European Securities and Markets Authority (ESMA) published its second annual report on the supervisory measures and penalties imposed by Member State competent authorities (NCAs) under the European Market Infrastructure Regulation (EMIR). [read post]
The EBA is also to regularly monitor, in cooperation with the ESRB, the effectiveness and efficiency of the exchange of information between relevant authorities. [read post]
10 Dec 2019, 9:02 am
” This contract states that both spouses, their attorneys, and the other professionals involved in the process promise not to go to court. [read post]