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Features

Precautions Defense Counsel Should Consider In Making Attorney Proffers Image

Precautions Defense Counsel Should Consider In Making Attorney Proffers

Robert J. Anello & Richard F. Albert

For good reason, ordinarily courts are reluctant to admit statements of counsel as evidence in a criminal trial. Rulings in two recent high-profile local cases defy the common wisdom.

Features

The 4th Amendment and ESI Image

The 4th Amendment and ESI

Peter A. Crusco

Courts continue to grapple with the specificity of description required by these warrants for electronically stored evidence so as not to undermine the particularity required by the Fourth Amendment.

Features

LJN Quarterly Update: 2024 Q1 Image

LJN Quarterly Update: 2024 Q1

LJN Editorial Staff

Highlights some of the in-depth analysis and insights from lawyers and other practice area experts from the nine LJN Newsletters titles over the first quarter of 2024.

Features

How Will Criminal Law Enforcement Be Able to Police the Improper Use of AI? Image

How Will Criminal Law Enforcement Be Able to Police the Improper Use of AI?

Leo Tsao, Robert Luskin & Corinne Lammers

Given the DOJ's limited tools to prosecute AI crimes where no one intended for the AI to violate the law, effective compliance likely will be the best defense for companies to avoid criminal charges for AI-based crimes.

Features

Acquitted-Conduct Sentencing: A Quagmire Neither the Supreme Court Nor the U.S. Sentencing Commission Can Continue to Avoid Image

Acquitted-Conduct Sentencing: A Quagmire Neither the Supreme Court Nor the U.S. Sentencing Commission Can Continue to Avoid

Harry Sandick & Nicole Scully

It has been common knowledge to criminal practitioners for years that a criminal defendant's sentence for a crime which they have been convicted can be increased based on consideration of conduct that the jury acquitted. This outcome can make a partial acquittal in federal court into a pyrrhic victory.

Features

Criminal Considerations and Federal Authorities In Trade Secrets Disputes Image

Criminal Considerations and Federal Authorities In Trade Secrets Disputes

Jeffrey A. Pade & Anand B. Patel

Part Two of a Three-Part Series Part One of this article discussed the passing of the Economic Espionage Act to combat the growing concerns surrounding trade secret theft and the criminal components of trade secret theft. Part Two covers considerations in favor of approaching federal authorities on trade secrets theft.

Features

Criminal Considerations In Trade Secrets Disputes Image

Criminal Considerations In Trade Secrets Disputes

Jeffrey A. Pade & Anand B. Patel

Part One of a Three-Part Series When the international theft of U.S. trade secrets escalated and became a higher priority for domestic entities, trade secrets owners faced difficult challenges in collecting evidence, pursuing civil actions against overseas actors, and successfully obtaining worthwhile and meaningful relief from civil actions alone. These challenges ultimately resulted in increased referrals, investigations, and prosecutions of trade secrets theft under the EEA by federal authorities.

Features

SCOTUS Hears Arguments In Doctors' Good Faith Defense to Prescribing Controlled Substances Image

SCOTUS Hears Arguments In Doctors' Good Faith Defense to Prescribing Controlled Substances

By Robert J. Anello & Richard F. Albert

When is a doctor a doctor and when is a doctor a drug dealer? In early March, the U.S. Supreme Court heard oral argument in two consolidated cases — Ruan v. United States and Kahn v. United States — to address where that line is drawn.

Features

Strategies for Advising Foreign Clients As DOJ Pursues Extraterritorial Criminal Cases Image

Strategies for Advising Foreign Clients As DOJ Pursues Extraterritorial Criminal Cases

Emil Bove

This article addresses some issues to consider, including foreign arrest procedures, contesting extradition, and engaging with prosecutors before a defendant arrives in the United States.

Features

Keeping Track of Legal Claims from Fatal Shooting on 'Rust' Film Set Image

Keeping Track of Legal Claims from Fatal Shooting on 'Rust' Film Set

Marianna Wharry

Actor Alec Baldwin has detailed his account of the October 2021 fatal shooting of cinematographer Halyna Hutchins on the Rust film production set in an arbitration demand in which he seeks indemnification.

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