Breaking Down the Latest Decision in the Purdue Pharma Case
Hooper, Kearney and Macklin on Cutting Edge Topics in the False Claims Act
The Briefing by the IP Law Blog: Trademark Infringement - Tiffany & Co. Versus Costco
Podcast: Non-binding Guidance: A Discussion of Kisor v. Wilkie
On June 11, the U.S. Court of Appeals for the Sixth Circuit vacated a removal order, holding that a naturalized U.S. citizen could not be deported following denaturalization for fraud, where he failed to disclose a recent...more
On June 27, 2023, the Supreme Court of the United States decided Counterman v. Colorado, holding, among other things, that the First Amendment required the criminal conviction of a man found guilty of stalking a woman through...more
A federal judge recently exposed weaknesses in the U.S. Department of Justice's (DOJ) criminal healthcare fraud enforcement efforts by vacating a jury's conviction of a prominent Maryland doctor. On Aug. 4, 2023, a federal...more
In its most recent opinion in the United States v. Eldridge case, the Second Circuit (Chin, Sullivan, and Nardini) (the “panel”) held that second-degree kidnapping under New York Penal Law is not a crime of violence pursuant...more
As discussed more fully in our alert when Blaszczak I was issued, the crux of this case was that four individuals were charged with and convicted of an alleged scheme to obtain nonpublic information from the Centers for...more
Yesterday, the Second Circuit rejected U.S. District Judge Jed S. Rakoff’s typical voir dire process and vacated a defendant’s criminal conviction, remanding the case for a new trial (United States v. Nieves, 2d Cir. Jan. 26,...more
In October 2014, Sarah Koenig debuted her popular podcast, “Serial.” The podcast discussed the prosecution of Adnan Syed, who was accused of murdering Hae Min Lee, a high-school senior that vanished after school in 1999....more
Takeaway: Attempt crimes can be proven only where a defendant’s objective is in fact illegal. If the government cannot prove that the defendant sought to do something which is, in fact, legal, then it has not sustained its...more
In Ruan v. United States, the U.S. Supreme Court on June 27, 2022, dealt a blow to the U.S. Department of Justice by vacating convictions of two physicians convicted of violating 21 U.S.C. §841(a) of the Controlled Substances...more
We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more
On May 7, 2020, the U.S. Supreme Court unanimously vacated an opinion of the Ninth Circuit Court of Appeals based on the so-called principle of party presentation. ...more
On May 7, 2020, the Supreme Court decided United States v. Sineneng-Smith, No. 19-67, holding that, absent extraordinary circumstances, courts must adhere to the principle of party presentation and decide only those questions...more
The District of Connecticut recently vacated a defendant’s convictions at trial for violating the Foreign Corrupt Practices Act (“FCPA”) — but declined to similarly vacate his related money laundering convictions. ...more
On December 3, 2019, the Second Circuit (Kearse, Pooler, Livingston) issued a decision in United States v. Calderon, et al., reversing an $18 million restitution order and otherwise affirming the defendants convictions and...more
On November 13, 2019, the Second Circuit (Hall, Lynch, Gardephe) issued a decision in United States v. Balde, vacating the defendant’s guilty plea for unlawful possession of a firearm by an alien who is in the United States...more
In United States v. Barrett, No. 14-2541 (2d Cir. Aug. 30, 2019) (Winter, Raggi, Droney), the Second Circuit vacated a defendant’s conviction for using a firearm in connection with a “crime of violence” under 18 U.S.C. §...more
On June 27, 2019, the U.S. Supreme Court decided Mitchell v. Wisconsin, No. 18-6210, holding that the exigent-circumstances exception to the Fourth Amendment’s warrant requirement almost always permits a blood test without a...more
In a landmark unanimous decision impacting Arizona’s medical marijuana industry, the Arizona Supreme Court on May 28, 2019, vacated two lower court decisions and the attendant criminal convictions and sentences associated...more
On May 28, 2019, the Arizona Supreme Court issued a ruling in a criminal case, State v. Jones, clarifying the definition of marijuana under the Arizona Medical Marijuana Act (AMMA). The court held that the act’s definition of...more
On May 20, 2019, the Supreme Court of the United States decided Herrera v. Wyoming, No. 17-532, holding that hunting rights in modern-day Montana and Wyoming that the Crow Tribe of Indians acquired under its 1868 treaty with...more
On May 3, 2018, a three-judge panel on the Second Circuit Court of Appeals (“Second Circuit”) vacated former bond trader Jesse Litvak’s conviction on one count of securities fraud, holding that the district court erred in...more
In Rodriguez v. United States, the Second Circuit remanded the case to the district court to hear evidence on a defendant’s application to vacate her guilty plea, on the grounds that she would not have entered into the plea...more
In a recent nonprecedential summary order, the Second Circuit (Winter, Lynch, Chin) vacated and remanded a sentence due to a condition of supervised release that prohibited the defendant from having unsupervised contact with...more
In United States v. Singh, 16-1111-cr (Kearse, Hall, Chin), the Second Circuit vacated the defendant’s 60-month prison sentence—which was nearly three times the top of his Guidelines range—for illegally reentering the United...more
Last week, in United States v. Scully, the Second Circuit vacated the conviction of a distributor of pharmaceutical products on misbranding charges due to evidentiary issues surrounding his advice-of-counsel defense at trial....more