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May 29

U.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

Mar 28

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

Mar 21

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

Feb 01

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

Aug 01

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

Jul 28

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

Jul 20

Fifth Amendment Concerns Result in Overturned Convictions in First Criminal LIBOR Appeal

The Second Circuit yesterday became the first court of appeals to address a criminal appeal regarding the government’s investigation into the manipulation of the London Interbank Offered Rate (“LIBOR”). Its decision in United States v. Allen reversed the convictions of two former Rabobank employees accused… Read More

Jul 13

Second Circuit Vacates Sheldon Silver’s Conviction: Parsing Official Act “Quids” and “Quos”

Today, the Second Circuit Court of Appeals vacated the conviction of Sheldon Silver, the former Speaker of the New York State Assembly, concluding that the court’s jury instructions regarding the “official act” element of honest services fraud and Hobbs Act extortion were erroneous in light… Read More

Jun 07

Supreme Court Limits SEC Ability to Seek Disgorgement

This guest post was authored by our colleague Ernest D. Holtzheimer, an associate in the firm’s Litigation Department, where he combines an active litigation practice with a transactional and business advisory practice. He also serves as an editor of the firm’s Private Business Counsel blog. On Monday, the… Read More

Dec 07

Insider Trading and Brotherly Love at the Supreme Court

Yesterday, the Supreme Court of the United States decided Salman v. United States, wading into the “personal benefit” requirement necessary to establish criminal insider trading liability.  Justice Alito, writing for a unanimous Court, didn’t think the question presented was particularly difficult, stating that the Court’s… Read More