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|Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad|
Mark D. Herlach, Francis X. Nolan, Robert D. Owen, Phillip E. Stano, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
December 6, 2016, previously published on December 6, 2016On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law enforcement to seek a warrant from a “magistrate judge with authority...
|Marijuana Measures on the Ballot in Nine States|
KyraAnne Gates, Rayna Habel Jones; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
November 17, 2016, previously published on November 07, 2016On Tuesday, November 8, 2016, nine states will have marijuana-related measures on their ballots-five states will consider whether to legalize marijuana for recreational use and four states will vote on whether to allow medical marijuana. Given these impending state law changes, the legalization of...
|An Explanation Of Ohio DUI And OVI Law|
Daniel F. Gigiano Co. L.P.A.;
November 15, 2016, previously published on Summer 2016In this white paper, Attorney Daniel Gigiano reviews Ohio bankruptcy and foreclosure laws, which have changed considerably over the last decade. Attorney Gigiano has practiced bankruptcy and foreclosure law since 1993 and shares his legal knowledge of these difficult financial situations that have...
|UK to Implement Fourth Money Laundering Directive, Presenting an Opportunity for the Gaming Sector to Provide Input|
Lisa Navarro; Greenberg Traurig Maher LLP;
October 20, 2016, previously published on October 17, 2016The current EU Money Laundering and Terrorist Financing (ML/TF) measures are contained in the Third Money Laundering Directive (3MLD). 3MLD was implemented into UK law by the Money Laundering Regulations 2007, the Proceeds of Crime Act 2002, and the Terrorism Act 2000. These Regulations promote a...
|Partner Jim Ryan's article, "As the pendulum swings: bribery backlash to Honest Services Doctrine," is published in Rhode Island Lawyers Weekly.|
James W. Ryan; Pannone Lopes Devereaux & West LLC;
October 14, 2016T'was not so long ago that we saw an insurance company lobbyist in Massachusetts find himself convicted of wire and mail fraud as a result of his company picking up the tab for golf and entertainment junkets to Puerto Rico by the chairman of the Massachusetts House Insurance Committee and others...
|Principal William P. Devereaux is interviewed for an article in Rhode Island Lawyers Weekly, "Condo owners denied payment for unauthorized development"|
William P. Devereaux; Pannone Lopes Devereaux & West LLC;
October 14, 2016Condominium associations on Goat Island were not entitled to compensation for the seven-year occupation and use of association property by the operators of a banquet hall built under an invalid exercise of development rights, a U.S. Bankruptcy Court judge has determined. The condo associations...
|United States Supreme Court Upholds Constitutionality of Criminal Breath Test Refusal Statutes|
J. David Marsey; Rumberger, Kirk & Caldwell Professional Association;
October 11, 2016, previously published on October 3, 2016The United States Supreme Court recently upheld the constitutionality of state statutes providing criminal penalties for the refusal to provide a breath test after an arrest for DUI, but held them unconstitutional when applied to blood tests. This is a very timely decision because the...
Wiretap Act and CIPA Violations Held to Satisfy Spokeo Test for Standing in
Latest Gmail Privacy Class Action|
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 10, 2016, previously published on October 3, 2016In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), lower courts have begun to address whether alleged violations of statutes intended to protect privacy suffice, in the absence of any further alleged injury, to establish Article III standing. In...
|Criminal Liability for Failure to Contribute to Multiemployer Benefit Fund?|
Howard M. Bloom, Paul A. Friedman, Robert R. Perry, Philip B. Rosen; Jackson Lewis P.C.;
October 3, 2016, previously published on September 27, 2016The precarious financial status of some multiemployer benefit funds has led to criminal indictment against non-contributors. This troubling expansion of potential sanctions for failure to make required contributions to multiemployer benefit plans appears in a case from the U.S. District Court for...
|"Caught Red-Handed: A Practical Guide to Helping your Client in Federal Drug Crime Cases," Chapter 4, "Inside the Minds Series" 2016-2017 edition|
Barbara H. Agricola; Alsobrook & Agricola, LLC;
September 14, 2016, previously published by Aspatore Books, a Thomson Reuters Business on 2016In the game of life, decisions have a cause and effect. We learned in science class that with every action, there is an equal and opposite reaction. As a criminal defense attorney, we are not involved in the first portion of that equation and therefore, we are limited. We also get charged...