New York Law Journal | Analysis
By Daniel Conviser | February 9, 2021
In a previous article, the author outlined the significant flaws of the sex offender risk assessment instrument. This article explains why these deficiencies are not adequately corrected by court departure determinations.
By Tom McParland | February 8, 2021
Correia, who prosecutors described as the "closer" in the alleged $2 million fraud scheme, was the first of four defendants to go before a Manhattan federal judge for sentencing in the case.
New York Law Journal | Analysis
By Joel Cohen | February 8, 2021
In his Ethics and Criminal Practice column, Joel Cohen uses the Paul Manafort pardoning case as a backdrop to discuss the issue of how a cooperator's lawyer should/must conduct herself. He concludes: "The principal rule of engagement on this subject should be simple: is the disclosure in the best interests of that particular client?"
New York Law Journal | Expert Opinion
By Kenneth E. Pitcoff and Andrea M. Alonso | February 3, 2021
New York's Dram Shop Act makes it illegal for commercial vendors to serve alcohol to persons, who are "visibly intoxicated" or under the age of 21. The majority of cases arise when an intoxicated patron leaves the establishment in a car and causes an accident. Liability is not limited, however, to accidents involving cars but has been extended to include boats, motorcycles, ATVs, and snowmobiles.
By Jane Wester | February 2, 2021
According to the complaint, which was unsealed Monday in Brooklyn, the defendant enlisted an action movie star as a celebrity spokesman, who eventually withdrew from that role.
By Jacqueline Thomsen | Nate Robson | February 2, 2021
One magistrate judge in Georgia said a lawyer arrested over the riots "showed there was nothing that would hold you back except force." Another judge in Washington, D.C., said a rioter participated in "an attempt to overthrow the government because he didn't believe it was legitimate."
New York Law Journal | Analysis
By Marc L. Greenwald and James Meehan | February 2, 2021
On Oct. 21, 2020, President Trump signed the Due Process Protections Act. While the act does not contain the sweeping substantive changes to 'Brady' disclosures that were proposed in the FDEA, it represents an important step toward ensuring that the accused has access to exculpatory evidence that could prove their innocence.
By Ryan Tarinelli | February 1, 2021
The measure, if approved by both legislative chambers and Gov. Andrew Cuomo, would take effect immediately and expire at the beginning of April 2022. Over a span of three days last week, the state court system reported that three grand jurors in Brooklyn had tested positive for the coronavirus.
By C. Ryan Barber | February 1, 2021
Latham is among a handful of law firms that have seen more than one partner leave for posts at the U.S. Justice Department and Biden White House. The arrival of Kevin Chambers at the DOJ comes as a former Latham colleague settles in as the acting head of the criminal division.
New York Law Journal | Analysis
By Barry Kamins | February 1, 2021
In his Criminal Law and Procedure column, Barry Kamins reviews recent jurisprudence from the New York Court of Appeals regarding vehicle stops: The court clarified the legal standard required for both a traffic stop as well as an investigative stop based on suspicion of criminal activity; it offered guidance on stops that are based upon a mistake of law by police officers; and it clarified the prosecution's burden to justify an automobile stop based on reasonable suspicion of criminal activity.
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