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Not So Fast: The Rights of Victims in Corporate Deferred Prosecutions
In this article, authors Elkan Abramowitz and Jonathan S. Sack discuss victims' rights in federal criminal law, and then the pair move to the facts in the Boeing prosecution and Judge Reed O'Connor's consideration of the victims' claims.Substantial Federal Questions Keep State Law Claims in Federal Court
In recognition of a century-old practice, the U.S. Supreme Court in Grable & Sons Metal Products v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005), applied the "substantial federal question doctrine" to uphold the removal to federal court of a case that absent application of the doctrine would not have been subject to removal, contributors Edward M. Spiro and Christopher B. Harwood write.Lender Fails to Satisfy RPAPL §1303's Condition Precedent in Filing Foreclosure Action
The Muddy Waters of Insider Trading Law Just Got Muddier
The procedural posture of 'Blaszczak' adds new cracks to the already unstable foundation of insider trading precedent.Extortion Judgment Upheld; Plea Proceedings Not Defective, First Amendment Not Violated
'U.S. v. Benjamin' Sheds Light on Tangled Federal Bribery Law
We are sure to see public corruption cases brought in the future. We are also sure to see continued challenges for prosecutors and courts, and perhaps opportunities for defense counsel.U.S. Supreme Court To Address the IRS's Summons Authority
On Dec. 9, 2022, the court granted a writ of certiorari in 'Polselli v. IRS' to address a two-decade old Circuit split regarding the scope of the Internal Revenue Service's obligation to provide notice when it seeks records in connection with its efforts to collect past due taxes.Law Firms Are Not Just 'Any Person'
Courts sometimes will not apply statutes in accordance with their literal terms when doing so would contravene other policies. That is precisely what occurred in 'Astraea'.Setbacks Prosecuting Trump Allies Highlight Challenges in Foreign Influence Cases
In its recent stepped-up enforcement efforts against foreign influence in American politics, the DOJ has faced some high-profile setbacks when it has sought to use the broad reach of 18 U.S.C. §951 to pursue conduct outside the context of traditional espionage.Litigating IRS Penalty Approval
Given that the Tax Court applies the law as interpreted by the Court of Appeals in the Circuit where the taxpayer lives, the varying interpretations of the supervisory approval requirement mean that liability for substantial penalties may turn on where the taxpayer resides.Trending Stories
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State Lawmakers Targeting Plastic Pollution in 2024
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