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The State of Supreme Court Jurisprudence On Public Corruption
U.S. Senator Bob Menendez's trial for bribery, fraud and corruption-related offenses could become yet another opportunity for the U.S. Supreme Court to further narrow federal anti‑corruption law. Indeed, in the past decade, each time the Supreme Court has taken certiorari in a public corruption case, the court has reversed trial convictions and limited the types of conduct that constitute a federal bribery offense.
This trend started with the court's unanimous decision in McDonnell v. United States, 579 U.S. 550 (2016). Bob McDonnell, the former governor of Virginia, accepted $175,000 in benefits from an executive officer of a nutritional supplement researching company. The company's motive in giving this money to McDonnell was to encourage him to set up a meeting with decision makers at the University of Virginia, a public university, to convince the University to approve research related to its supplement. McDonnell was charged and convicted of honest services fraud and extortion under color of official right under 18 U.S.C. §§1349 and 1951, respectively.
The issue on appeal was the district court's jury charge, which defined the term "official act" to encompass "acts that a public official customarily performs," including acts "in furtherance of longer-term goals" or "in a series of steps to exercise or influence or achieve an end."
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.