Yearly Archives: 2013

Judge Rejects Aaron Swartz’s Estate’s Request to Release Names of Individuals Involved in his Prosecution

By Hayes Hunt and Calli Varner Recently, a federal judge rejected Aaron Swartz’s estate’s request to release the names of the individuals involved in Swartz’s criminal prosecution.  Aaron Swartz became the subject of media attention earlier this year when he

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Posted in Prosecution & Defense

Fifth Amendment Fundamentals – Taking the Nickel

By Hayes Hunt and Jonathan R. Cavalier Most in-house lawyers, if they’re fortunate, haven’t bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called “nickel” typically arises solely in the criminal context,

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Posted in Corporate Compliance

A Trial Lawyer’s Stutter and the “Give and Take” of Success

By David Walton About a year or so ago, around the same time that the movie The King’s Speech won the Academy Award, I wrote a piece for From The Sidebar regarding an experience I had at trial regarding my

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Posted in The Practice of Law

Coercive Litigation Tactics – Playing Hardball in The Board of Trustees of the University of Illinois v. Micron Technology Inc.

By Hayes Hunt and Thomas M. O’Rourke It is not uncommon for the parties to play hardball litigation to exert pressure on the other side to settle a case.  But if your opposing party engages in tactics that you perceive

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Posted in Litigation

Criminal Conduct Between the Lines: Luis Suarez Suspended for 10 Games for Biting Opponent

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

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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

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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

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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

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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

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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

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Posted in Prosecution & Defense
About the Editor
Hayes Hunt concentrates his practice in the representation of individuals, corporations and executives in a wide variety of federal and state criminal law and regulatory enforcement matters as well as complex civil litigation. Hayes is a partner in the firm's Commercial Litigation Department as well as its Criminal Defense and Governmental Investigations Group.
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