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8 Apr 2014, 2:24 pm by Federalist Society
The question in this case is whether, when a post-indictment ex parte restraining order freezes assets needed by a criminal defendant to hire his attorney of choice, the Fifth and Sixth Amendments require a pre-trial hearing at which the defendant may challenge the evidentiary support and legal theory upon which the government relied to freeze the assets.In a 6-3 opinion delivered by Justice Kagan, the Court held that when challenging the legality of a pre-trial asset… [read post]
8 Apr 2014, 2:24 pm by Federalist Society
The question in this case is whether, when a post-indictment ex parte restraining order freezes assets needed by a criminal defendant to hire his attorney of choice, the Fifth and Sixth Amendments require a pre-trial hearing at which the defendant may challenge the evidentiary support and legal theory upon which the government relied to freeze the assets.In a 6-3 opinion delivered by Justice Kagan, the Court held that when challenging the legality of a pre-trial asset… [read post]
1 Oct 2021, 11:15 am by IPWatchdog
This week in Other Barks & Bites: CAFC grants mandamus to Apple regarding Western District of Texas transfer from Austin to Waco; the Department of Justice’s Jeffrey Wilder remarks at an SEP conference that antitrust is “not the right tool” for licensees dissatisfied with SEP royalty rates; the Ninth Circuit reverses a class certification in a class antitrust action against Qualcomm’s SEP licensing practices because of an improper choice of law analysis; the… [read post]
18 Feb 2015, 12:35 pm by Seyfarth Shaw LLP
But, there are key differences between traditional COBRA and Covered California that both ex-employees (making coverage choices) and employers (drafting separation agreements) should consider. [read post]
26 Jun 2012, 12:23 pm
As part of the settlement negotiations, an appraisal was made of the Hampton Bays property, which showed that the fair market value of the property, as of 10 January 200 was $155,000. [read post]
18 Mar 2016, 5:41 pm
This Article reappraises the treaty/contract issue from the ex ante perspective of contracting states and foreign investors. [read post]
18 Jul 2007, 7:03 am
In Ex Parte Smith (BPAI, June 25, 2995, per curium), the Board considered two, post-KSR obviousness issues.The first was whether Appellant had shown that the Examiner erred in rejecting claims 1-9, 11-13, 16-18, and 32-24 under 35 U.S.C. [read post]
2 Mar 2020, 9:21 pm
Your ex-spouse and his or her new spouse may allow you to remain a part of the child’s life, but the court cannot force them to do so. [read post]
20 Apr 2017, 2:36 pm
  Giovanni noted that since the IP Enforcement Directive had been implemented, most EU countries had provision for some form of ex parte search or seizure order. [read post]
11 Jul 2010, 8:15 pm
Details: Ex parte White Appeal 2009-004737, Appl. [read post]
9 Jan 2011, 6:47 pm by cdw
No new wins other than the two cases from the Alabama Supreme Court,Ex parte Kenneth Eugene Billups& Ex parte Jimmy Lamar Killingsworth, Jr., previously noted. [read post]
1 Mar 2013, 11:37 am by Lawrence B. Ebert
From within Ex parte WestallAppellant does not address, let aloneraise any substantive reason to question, the Examiner’s finding thatAbramson’s disclosure of a “brassiere” encompasses an outer garment suchas a sports bra, swimsuit top, or dancing bra. [read post]
3 Nov 2010, 8:12 pm by palfrey
  These rules will be adjudicated on an ex ante, case-by-case basis. [read post]
19 Apr 2012, 6:14 pm by Brandon Kain
The Van Breda Trilogy – Part I – An Overview In three cases released on April 18, 2012, the Supreme Court of Canada substantially reformulated the common law principles of private international law. [read post]
19 Mar 2013, 8:19 am
§853(e), when a Defendant has already been charged in an indictment the prosector can file an ex parte motion seeking restraint of assets that are subject to forfeiture upon conviction. [read post]