Ethical Considerations in Representing Clients at Risk of Suicide
Criminal defense attorneys often represent their clients when they are at their most vulnerable, facing an extremely stressful and often overwhelming investigation or prosecution. As lawyers, we focus on facts and the law, but as defense counsel, we must also focus on the mental and… Read More
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UncategorizedSeizure of MSC GAYANE Raises Forfeiture Issues for the Maritime Industry
A drug bust does not ordinarily fit as a subject of a White Collar Alert, but when law enforcement seizes 16 tons of cocaine from a container ship, the enforcement action raises some critical issues for the maritime industry. Yesterday, our partner Nicole Phillips, who… Read More
Federal Government Alleges College Admission Bribery Scheme
Earlier today, hundreds of federal agents effected arrests and announced indictments relating to an alleged massive college admissions bribery scheme involving some of the country’s top universities. The investigation, Operation Varsity Blues, has ensnared two Hollywood actresses, Felicity Huffman and Lori Laughlin, and scores of… Read More
Supreme Court Rules SEC Staff Picked Administrative Law Judges Were Unconstitutionally Appointed
This guest post was authored by Daniel Baker, a summer associate with Montgomery McCracken. On June 21, 2018, the United States Supreme Court answered a seemingly straightforward question in Lucia v. SEC: whether the SEC’s in-house administrative law judges are “officers,” or “employees.” Distinguishing between the… Read More
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SECU.S. Supreme Court Unanimously Agrees Mandatory Victims Restitution Act Does Not Reach Expenses From Civil Proceedings and Private Investigations
This guest post was authored by Joseph Samuel, a summer associate with Montgomery McCracken. In a 9-0 decision handed down earlier today in Lagos v. United States, 584 U.S. __ (May 29, 2018), the Supreme Court held that the terms “investigation” and “proceedings” found in the… Read More
Pennsylvania Superior Court Looks to Electronic Media Precedent to Adopt a Standard for Authenticating Social Media Posts
This post was co-authored by Michael C. Witsch and Robert H. Bender, associates in the firm’s Business Litigation and Products Liability practice group. On March 15, 2018, as a matter of first impression, a unanimous panel of the Superior Court of Pennsylvania looked largely to… Read More
Supreme Court Limits Tax Obstruction Charge
Today, the Supreme Court delivered a welcome decision narrowing the obstruction “Omnibus Clause” within the Internal Revenue Code, 26 U.S.C. § 7212(a). The Court held in Marinello v. United States that in order to sustain a tax obstruction conviction, there must be a nexus between the… Read More
Senator Menendez to Avoid Retrial on Corruption Charges
In a surprising development, the Department of Justice announced yesterday that it would drop corruption charges against Senator Robert Menendez (D-NJ). The move comes just weeks after the Government declared its intent to retry the case, after the Senator’s first trial concluded in a November… Read More
Will the Rise of the Cell Phone Mean the Death of the Third-Party Doctrine?
This guest post was authored by Molly Dolinger, a summer associate with Montgomery McCracken. There are currently more cell phones in the U.S. than there are people. Given the increasingly mobile-dependent state of our society, it should come as no surprise that law enforcement in recent… Read More
SCOTUS to Clarify Protections for Securities Fraud Whistleblowers
This guest post was authored by Bianca Valcarce, a summer associate with Montgomery McCracken. The Supreme Court of the United States has agreed to review the Ninth Circuit’s decision in Digital Realty Trust, Inc. v. Somers and address the apparent tension between two provisions of the… Read More