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 or 215.772.7592.  On Tuesday, January 5, the Third Circuit ordered resentencing in the case of a Pittsburgh-area appraiser who… Read More

Jan 30

Judge Ambro Joins White Collar Alert in the Choir “Lament[ing]” Third Circuit’s Erwin Decision

Often as criminal defense attorneys we feel like the lone voice calling out against what we perceive to be cases of injustice. But yesterday Third Circuit Judge Ambro – joined by Judges Rendell, Greenaway, and Vanaskie – gave a nod to White Collar Alert and… Read More

Oct 02

The Third Circuit Expands the Good-Faith Exception to Warrant Requirement

Yesterday, the Third Circuit in an 8-5 en banc decision determined that evidence collected without a warrant by police officers through a GPS tracker can still be used at trial United States v. Katzin, No. 12-2548, 2014 WL 4851779 (3d Cir. Oct. 1, 2014). This… Read More

Sep 10

Goldman Sachs Case: Know and Understand Your Corporate By-Laws Concerning Legal Fees

Goldman Sachs Group Inc. has recently garnered a lot of press on the ongoing litigation on former Goldman programmer and vice president Sergey Aleynikov’s demands for indemnification and advancement of attorneys’ fees. These fees arise from what The New York Times has called “the bizarre… Read More

Aug 27

Third Circuit Issues Cautionary Tale for Appellate Waivers

As we’ve written about before, federal prosecutors generally require a waiver of certain appellate rights in connection with a plea deal.  Yesterday, the Third Circuit issued an opinion that explores what happens when a criminal defendant, who has executed an appellate waiver, violates his plea… Read More

Jan 27

Waivers of Collateral Attack and Appellate Rights Are “Analytically Distinct”

As a defense attorney, you’ve worked hard with the government to reach what you think is a fair plea deal for your client.  The Assistant United States Attorney demands, as part of the plea deal, that your client waive his or her appellate rights, including… Read More

Oct 31

Hank Schrader’s Investigative Tactics Violate the Fourth Amendment in the Third Circuit: Warrant Required for GPS Tracker

“As you’re walking past the car, you look down, ‘Oh, hey, darn, my shoe’s untied.’ Okay? Now, when you bend down to tie your shoe, you stick this up into the wheel well.” -Hank Schrader to Walter White in Breaking Bad In the Fourth Season… Read More