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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

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

Jul 18

Prosecutorial Discretion under the CFAA Gets More Discretionary: US v. Nosal

This guest post was authored by our colleague Jeremy D. Mishkin, partner and co-chair of the Litigation Department of Montgomery McCracken.  The Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”), has become increasingly popular both for civil actions and criminal prosecutions involving hacking or… Read More

Jun 29

VW Clears the Air with $14.7B Emissions Settlement

This guest post was authored by Mara Smith, a summer associate with Montgomery McCracken. This Tuesday, Volkswagen agreed to pay the largest auto-related class action settlement in U.S. history, totaling $14.7 billion. The settlement was reached amidst allegations that the German automaker cheated on government-mandated emissions… Read More

Mar 16

Questions Linger: Is Fraud on Freddie and Fannie Fraud on the Government

  This guest post was authored by our colleague Priya Roy, an associate in the firm’s Litigation Department and member of its Data Privacy and Cybersecurity practice group. Priya focuses her practice in the areas of higher education and white collar and government investigations. She… Read More

Jan 11

Third Circuit confirms right of defendant not to be cross-examined during sentencing allocution

This guest post was authored by our colleague Michael C. Witsch, an associate in the firm’s Litigation Department in Philadelphia. Michael can be reached at mwitsch@mmwr.com or 215.772.7592.  On Tuesday, January 5, the Third Circuit ordered resentencing in the case of a Pittsburgh-area appraiser who… Read More

Jul 31

U.S. Government Appeals Landmark Insider Trading Decision to the Supreme Court

This guest post was authored by our colleague Rimma Tsvasman, an associate in the firm’s Litigation Department in New York. Rimma concentrates her practice on corporate and securities transactions, investment management and commercial litigation. She can be reached at rtsvasman@mmwr.com or 212-867-9500.  In a highly anticipated move following a… Read More

Jul 14

Seventh Circuit Upholds Non-Incarceration Sentence for Beanie Baby Creator

This guest post was authored by Mara Smith, a summer associate with Montgomery McCracken. On Friday, the Seventh Circuit upheld what it determined to be a substantively reasonable sentence for billionaire Ty Warner, the creator of Beanie Babies. We previously blogged about Warner’s district court sentencing,… Read More

Jul 10

Fourth Circuit’s “Official Act”: Former Virginia Governor McDonnell’s Appeal Rejected

This guest post was authored by Ernest Holtzheimer, a summer associate with Montgomery McCracken. Earlier today, a three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously upheld the conviction of former Virginia Governor Bob McDonnell on public corruption charges. We’ve previously blogged about… Read More