New York Law Journal | Analysis
By Jeremy H. Temkin | November 14, 2018
In his Tax Litigation Issues column, Jeremy H. Temkin writes: Regardless of what they think about Justice Kavanaugh's record on other issues, criminal defense lawyers are likely to view his approach to the imposition of sentencing—the most impactful issue facing their clients who may find themselves convicted of federal offenses—as somewhat of a mixed bag.
By Michael Booth | November 13, 2018
In a unanimous ruling on Tuesday, the court said that the technician's failure to properly calibrate the breath-test machines means that 20,667 cases must be either retried, in the case of convictions, or perhaps abandoned, if they are still pending.
By Raychel Lean | November 12, 2018
A divided Florida Supreme Court ruled that convicted rapist Arthur O'Derrell Franklin's three 1,000-year prison sentences do not violate the U.S. Constitution because he's still eligible for parole — when he's 387 years old.
By Andrew Denney | November 9, 2018
Two justices from the Appellate Division, Second Department issued separate signed opinions in which both said that trial court judges should take extra steps to ensure that defendants are knowingly and intelligently waiving their appeal rights.
By Jeff Kern | November 9, 2018
New York's status as the global finance capital means that members of the metro-area criminal bar sometimes find themselves defending stockbrokers, investment bankers, traders, research analysts, compliance officers, and other financial professionals. While these cases often generate robust retainers, they also present unique challenges resulting from the regulatory reporting regime that governs the securities industry.
By Jenna Greene | November 9, 2018
Alexandra Shapiro, the co-founder of New York City-based litigation boutique Shapiro Arato, handed federal prosecutors a high-profile defeat in one of the slipperiest areas of the law: Insider trading.
By Greg Land | November 8, 2018
The hard-fought case against brother-sister defendants was tried three times before a jury voted to acquit them. One day earlier, another DeKalb jury cleared a pair of defendants of murder charges in a drug-related shooting.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | November 8, 2018
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss three recent decisions: in the first, failure to seek accommodations at trial for a hearing-impaired client amounted to ineffective assistance of counsel; in another, an indictment charging securities fraud relating to virtual currency was upheld; and in the last, a bank was found to have immunity under the Anti-Money Laundering Act.
New York Law Journal | Analysis
By Alfred O'Connor | November 8, 2018
Enactment into law of Assemblywoman Cook's bill would raise the overall level of appellate practice in the state.
By Michael Booth | November 7, 2018
A three-judge Appellate Division panel in an unpublished decision brushed aside a slew of objections raised by the ex-lawyer, Eugene Lavergne, to how his 2014 trial was handled.
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