News & Analysis as of

Appeals Criminal Penalties

McCarter & English, LLP

SCOTUS Limits Sentencing for Supervised Release Violations to Rehabilitation

In a 7-2 decision, the United States Supreme Court has limited the factors a district court can consider when sentencing a defendant for a revocation of supervised release. The Supreme Court held that district courts cannot...more

Cozen O'Connor

7th Circuit Upholds Criminal Convictions Under OSHA

Cozen O'Connor on

A recent case in the 7th Circuit, upholding the criminal convictions of two supervisors based on their falsification of health and safety records, serves as an important reminder that although uncommon, the Occupational...more

Perkins Coie

US Supreme Court’s Esteras Ruling on Factoring “Retribution” Into Supervised Release Decisions Will Likely Have Limited Practical...

Perkins Coie on

The Supreme Court of the United States’ decision last week in Esteras v. United States restricted the factors lower courts may consider in imposing prison sentences following supervised release revocations. Those awaiting the...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 64 - Cages We Built: The Making of Mass Incarceration in America

Fox Rothschild LLP on

The U.S. imprisons a larger percentage of its population than any other country in the world. How did we get here? Rachel Barkow, Charles Seligson Professor of Law and Faculty Director of the Zimroth Center on the...more

Blank Rome LLP

A New Era in Federal Sentencing: Updates to the Guidelines and the Elimination of Departures

Blank Rome LLP on

The federal sentencing landscape in the United States could undergo a significant transformation with recent amendments to update the United States Sentencing Guidelines that will go into effect on November 1, 2025, unless...more

King & Spalding

FDA's LDT Rule Struck Down by Court: FDA Has Lost the Battle, But Is the War Over?

King & Spalding on

A court has struck down the Food and Drug Administration’s attempt to extend its regulatory authority to clinical laboratory testing services. On March 31, 2025, in the consolidated cases American Clinical Laboratory...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Weighs Whether to Clarify Camping Bans and Homelessness Policies

Local ordinances prohibiting camping or sleeping outdoors have created widespread controversy. Affected cities and states contend that the two Ninth Circuit rulings on the issue are confusing and preclude them from...more

Dorsey & Whitney LLP

The Supreme Court - December 10, 2020

Dorsey & Whitney LLP on

Rutledge v. Pharmaceutical Care Management Assn., No. 18-540: Arkansas’ Act 900 regulates the price at which pharmacy benefit managers (“PBMs”) reimburse pharmacies for the cost of drugs covered by prescription-drug plans....more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - August 2018

ANTICORRUPTION DEVELOPMENTS - $34 Million SEC Settlement for Legg Mason - On August 27, 2018, the Securities and Exchange Commission (SEC) announced that Legg Mason Inc. will pay more than $34 million to settle an...more

Katten Muchin Rosenman LLP

Fifth Circuit Decision in Citgo Case May Place Limits on Criminal Liability Under Migratory Bird Treaty Act

On September 4, 2015, the US Court of Appeals for the Fifth Circuit reversed convictions of CITGO Petroleum Corporation and CITGO Refining and Chemical Company, L.P. (collectively "Citgo"), and in so doing placed potentially...more

Davis Wright Tremaine LLP

FCA Cases and SBA Protests

False Claims Act - As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal...more

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