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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

May 03

Supreme Court Takes On “Another” in Upholding Hobbs Act Conviction

The Hobbs Act – a law promulgated in 1946 to deal with the infiltration of racketeering activity in labor unions – got a “W” in its column yesterday with the Supreme Court’s issuance of Ocasio v. United States.  Justice Alito, writing for the 5-3 majority,… Read More

Jan 25

Supreme Court Holds General Statute of Limitations is Not Jurisdictional Defense

It appears that not even this weekend’s colossal winter snowstorm could deter the Supreme Court from its business, today deciding several criminal cases on its docket.  In addition to the landmark Montgomery v. Louisiana decision, which gives retroactive effect to Miller v. Alabama and will… Read More

Jun 04

Elonis v. United States: The Supreme Court Weighs In On Rap Lyrics, True Threats, and Criminal Intent

Shortly after his wife decided to leave him, 28-year-old Anthony Elonis, under the pseudonym “Tone Dougie,” began posting “self-styled ‘rap’ lyrics” on Facebook that contained “graphically violent language and imagery” concerning, among others, his estranged wife, a kindergarten class, and state and federal law enforcement.… Read More

Oct 14

Supreme Court Denies Review of “Acquitted Conduct” Sentences

A defendant exercises his constitutional right to a jury trial and is proven guilty by a jury of his peers. The jury, confronted with multiple charges against the defendant, weighs the evidence and acquits on all counts, save one for which they find him guilty… Read More

Sep 03

Riley Ruling Continues to Protect Citizens from Police Scrutiny

Earlier this summer, we discussed the implications of the Supreme Court’s ruling in Riley v. California, which held that police officers cannot review the contents of a cell phone incident to an arrest absent a search warrant or exigent circumstances. We opined that this bright-line… Read More

Jul 11

Supreme Court Checks in on Bank Fraud

Lost amid the flurry of the Supreme Court’s end of term decisions on recess appointments, cell phone privacy and contraception coverage is the Court’s dip into the federal bank fraud statute, 18 U.S.C. § 1344, in Loughrin v. United States. We no doubt share your surprise… Read More

Jun 25

Justice Roberts Must Love his iPhone! SCOTUS Rules that Police Need a Warrant to Search Cell Phones

It has been a good day for the digital privacy rights of Americans. Today, in a unanimous ruling, the Supreme Court ruled that police need a warrant to search cell phones. Recognizing just how much we all rely on our phones, Justice Roberts wrote that… Read More