By Hayes Hunt and Calli Varner Last week, Liverpool striker Luis Suarez was suspended for 10 games for biting a Chelsea player during a globally broadcasted English Premier League game. You can watch Suarez’s chomp in slow motion from just about…
Blog Archives
Criminal Conduct Between the Lines: Luis Suarez Suspended for 10 Games for Biting Opponent
Tagged with: criminal conduct, Criminal Law, sports law, Suarez biting, tort law
Posted in Prosecution & Defense
Posted in Prosecution & Defense
Is a Curious Police Dog on Your Porch a Search under the 4th Amendment? – SCOTUS Answers in Florida v. Jardines
By Hayes Hunt and Michael Zabel Let’s say one day you observe your local police officer walk a drug-sniffing police dog up to the front door of your neighbor’s house. The dog sniffs around outside, then gives a positive signal…
Tagged with: 4th Amendment, curtilage, Florida v. Jardines, SCOTUS, Search Warrant
Posted in Prosecution & Defense
Posted in Prosecution & Defense
Recusal – Judge Impartiality and Disqualification
By Hayes Hunt Recently, the Chief Judge for the United States District Court for the Southern District of New York refused to recuse herself from a case simply because her husband and his clients may have been the victim of…
Tagged with: Caperton v. A.T. Massey Coal, Disqualification, Federal judges, Recusal, SCOTUS
Posted in Prosecution & Defense
Posted in Prosecution & Defense
Court Expands Reach of Anti-Bribery Statute – Lawful Lobbying, Corrupt Bribery & Implicit Quid Pro Quo
By Hayes Hunt and Jeffrey Monhait Last month, the U.S. Court of Appeals for the D.C. Circuit in United States v. Ring, No. 11-3100 (D.C. Cir. Jan. 25, 2013), upheld a conviction for bribery under the public sector honest-services fraud…
Tagged with: anti-bribery statute, corrupt bribery, corrupt payments & official action defined, Lobbying, Prosecution, quid pro quo, U.S. v. Ring
Posted in Prosecution & Defense
Posted in Prosecution & Defense
Drug-Sniffing Dogs & Probable Cause: Supreme Court Considers When “A Sniff Is Up to Snuff”
By Hayes Hunt and Michael Zabel The alert of a drug-sniffing dog might allow police to search your car or baggage, but just how reliable does that hound have to be? The U.S. Supreme Court provided some guidance but rejected…
Tagged with: Drug-Sniffing Dogs, Florida v. Harris, Probable Cause, Supreme Court
Posted in Prosecution & Defense
Posted in Prosecution & Defense
Upjohn Warning Update
By Hayes Hunt and Michael Zabel By now, the concept of Upjohn warnings should be familiar to any counsel, whether in-house or external, who represents a corporation’s interests in an internal investigation. In a nutshell, an Upjohn warning is derived…
Tagged with: attorney-client privilege, attorney-expert communication, Corporate Counsel, Corporate Law, Upjohn v. United States
Posted in Prosecution & Defense
Posted in Prosecution & Defense
Swartz Suicide: Duties of Prosecutors and Defense Attorneys
By Hayes Hunt and Calli Varner Aaron Swartz, 26 year-old co-founder of Reddit and long-time activist against the Stop Online Piracy Act (SOPA), committed suicide. Mr. Swartz killed himself weeks before his trial for charges related to his access to MIT’s computer…
Evidence Needed For Crime-Fraud Exception to Attorney-Client Privilege
By Hayes Hunt and Michael Zabel How much evidence is enough to establish the crime-fraud exception to attorney-client privilege? With its recent opinion in In re Grand Jury, Nos. 12-1697 & 12-2878 (Dec. 11, 2012), the U.S. Court of Appeals…
Tagged with: attorney work product, attorney-client privilege, Crime-Fraud Exception
Posted in Prosecution & Defense
Posted in Prosecution & Defense
4th Amendment Warrantless Search & Seizure Issues – Technology & Privacy
By Hayes Hunt and Calli Varner Almost all of us rely on technology to carry out our day-to-day activities. We carry one, if not two devices such as a smart phone or tablet with us at all times. Courts continue…
Tagged with: Criminal Law, Fourth Amendment, GPS Tracking Devices, privacy, Search Warrant, Technology and Law, Warrantless Search & Seizure
Posted in Prosecution & Defense
Posted in Prosecution & Defense
Duty to Rescue — Tragic Subway Death Raises Questions of Criminal Law
By Hayes Hunt and Thomas M. O’Rourke When 58-year-old Ki Suk Han was pushed onto the subway tracks in New York’s Times Square Station last week, no one helped him. This much can be seen in the photograph that appeared…
