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| Jul 2, 2024 | LEOR KWELLER SEEKS TO CORRECT BROOME COUNTY AND CITY OF BINGHAMTON'S WRONGFUL ARREST AND MALICIOUS PROSECTION | Kweller family
Leor Kweller
Leor Kweller Photo
The charges against Leor Kweller were dismissed prior to trial and the prosecution’s attempt to appeal that decision has ended.
On April 1, 2024, the Appellate Division ended that meritless app... |
| Dec 6, 2023 | Court Tosses Libel Suit Brought Against A Legal Doc Site For ‘Failing’ To Report On A Settlement Agreement | We’ve seen lots of… shall we say… misguided libel lawsuits here at Techdirt. We’ve also seen plenty of lawsuits filed for the sole purpose of bullying someone into silence for reporting inconvenient facts. |
| May 19, 2023 | How To Reduce The Risk Of Stolen Escrowed Funds For Closings | |
| Feb 17, 2023 | Some Guy Thinks A Legal Doc Website’s Failure To Report On His Settlement Is Somehow Defamatory | Lots of people have really strange ideas about what defamation entails. Far too many people believe defamation occurs anytime their feelings are hurt or they aren’t portrayed in the best light possible. |
| Jan 23, 2023 | On Georgia State Law’s Presentments and the Special Purpose Grand Jury | The Fulton County special purpose grand jury has concluded its investigation into alleged criminal interference in the 2020 U.S. presidential election in Georgia.
On Jan. 9, the grand jury’s supervising judge, Robert McBurney, issued an ord... |
| Jan 4, 2023 | California’s Proposition 13 still sparking clashes | In summary
Proposition 13, an iconic tax limitation measure passed by California voters 44 years ago, is still generating legal and political skirmishes.
California’s famous – or infamous – Proposition 13, passed by voters 44 years ago, sou... |
| Dec 7, 2022 | Lease Security Deposits Might Not Be So Secure | Tenants often deliver substantial security deposits when they sign leases. Those deposits are supposed to secure the tenant’s obligations. At the end of the lease, if the tenant has properly behaved, the landlord should return the security ... |
| Jul 10, 2022 | Don't Complain To IRS If They Are Slow To Process Your Fraudulent Refund Claim | Tax scam. Form with sign on a desk. getty |
| Jun 3, 2022 | DEPP V. HEARD TRIAL OUTCOME A LITTLE BIT OF A SHOCK TO ATTORNEY AND RADIO LAW TALK HOST FREDERICK PENNEY | Attorney Frederick Penney
Frederick Penney, Managing Attorney, Penney and Associates Injury Lawyers
The Trial Of The Decade
Since Johnny Depp prevailed in the trial can he ask the court to award him attorney’s fees?”
— Frederick PenneySACRA... |
| Feb 18, 2022 | Trump’s Presidential Records Act Violations: Short- and Long-Term Solutions | On Jan. 31 and Feb. 5, The Washington Post reported that former President Trump routinely “tore up briefings and schedules, articles and letters, memos both sensitive and mundane” in violation of the Presidential Records Act (PRA) and that ... |
| Feb 4, 2022 | Two Pharma And Biotech Cases To Watch In 2022 | "Based on the similarity of the questions presented to those that the Supreme Court declined to answer in Idenix v. Gilead, Amgen's petition has a slim chance of success. Regardless, patent owners should be wary of asserting claims tha... |
| Jan 20, 2022 | $50 billion of student debt could be entitled to automatic cancellation in bankruptcy but borrowers may not know about it | The Too Much Talent Band celebrates the extension of the student loan pause outside the White House on Jan. 13, 2022. Paul Morigi/Getty Images
Judges have changed their reading of how private student debt should be treated in bankruptcy.
Th... |
| Dec 20, 2021 | Secrecy Creep | In 1968, the Central Intelligence Agency discovered a sunken Soviet nuclear submarine resting deep on the ocean floor. The agency built a 600-foot ship outfitted with a giant claw to raise the submarine to the surface and access the valuabl... |
| Oct 14, 2021 | Court Says Google Translate Isn't Reliable Enough To Determine Consent For A Search | The quickest way to a warrantless search is obtaining consent. But consent obtained by officers isn’t always consent, no matter how it’s portrayed in police reports and court testimony. Courts have sometimes pointed this out, stripping away... |
| Oct 14, 2021 | Court Says Google Translate Isn't Reliable Enough To Determine Consent For A Search | The quickest way to a warrantless search is obtaining consent. But consent obtained by officers isn't always consent, no matter how it's portrayed in police reports and court testimony. Courts have sometimes pointed this out, stripping away... |
| Jun 29, 2021 | The Cyberlaw Podcast: The Trustbusters Come for Big Tech | This episode offers an economical overview of the six antitrust reform bills reported out of the House Judiciary Committee last week. Michael Weiner and Mark MacCarthy give us the top line for all six (though only four would make substantia... |
| May 20, 2021 | Colonial Pipeline Paid $4.4 Million In Bitcoin Ransom. Is It Tax Deductible? | On May 19, Colonial acknowledged that it paid $4.4 million worth of bitcoin to the hackers. Well, with bitcoin’s drop, the value might be less now, but the key to taxes is what the value was at the time of payment. In the case of some hacks... |
| Feb 26, 2021 | Gig Workers As Employees: Why America Won’t Follow The U.K. Anytime Soon | Despite working for the same company, U.K. Uber drivers are going to have a very different ... [+] experience from U.S. drivers.structuresxx - stock.adobe.com |
| Feb 5, 2021 | Three Things To Consider When Choosing A Trustee | Chairman, CEO at TDC Companies | Helping Families Be Families - Stronger, Closer, and Wiser. |
| Jan 21, 2021 | Are Partners “Employees” Or “Employers” In A Discrimination Lawsuit? A New Case Weighs In | getty |
| Dec 12, 2020 | WATCH: Women’s rights attorney Gloria Allred traces the evolution of sexual harassment in the US and defends use of NDAs | https://www.facebook.com/plugins/video.php
Women’s rights attorney Gloria Allred has represented victims in high-profile sexual misconduct cases, like those of Harvey Weinstein and Michael Jackson.
Allred has earned some criticism for frequ... |
| Nov 30, 2020 | The GSA Delayed Biden’s Transition. Future Presidents-Elect Could Sue to Speed Things Up. | On Nov. 23—almost three weeks after Election Day, and two weeks after the press called the election in favor of the Democratic ticket—the presidential transition finally began with a letter from General Services Administrator Emily Murphy. ... |
| Nov 24, 2020 | Asahi And J. McIntyre: What’s Tax Got To Do With It? | The United States Supreme COurt Buildinggetty |
| Oct 28, 2020 | Can Trump Order the FDA to Approve a Treatment for Unscientific Reasons? | Editor’s Note: Lawfare is not a public health law site, and normally, we would not run a piece on food and drug law and the authority of the FDA. This post, however, involves a matter core to Lawfare’s concerns: the authority of the preside... |
| Oct 22, 2020 | Cancellation Of Debt: What To Know About Taxes & More When Customers Won’t Pay | Getty |
| Oct 8, 2020 | Use Tax Collection After Wayfair: Is There A Local Problem? | State and local income tax written in a note.getty |
| Sep 10, 2020 | DOJ Tries To Step In To Trump Defamation Case To Get It Dismissed; Claims His Statements About Alleged Rape Were Part Of His Presidential Duties | Earlier this week, you may have seen a bunch of headlines about Bill Barr’s DOJ trying to step in to take over a defamation case against the President. There is so much crazy about this story that it seemed worthwhile to dig in. |
| Sep 10, 2020 | Addison Cain Really Doesn't Want You Watching This Video About Her Attempts To Silence Another Wolf Kink Erotica Author | Way back in the previous century of May, we wrote about a truly bizarre (but, not actually uncommon) story of someone abusing the DMCA to get a competitor’s book disappeared. There was a lot of background, but the short version is that an a... |
| Sep 10, 2020 | Addison Cain Really Doesn't Want You Watching This Video About Her Attempts To Silence Another Wolf Kink Erotica Author | Way back in the previous century of May, we wrote about a truly bizarre (but, not actually uncommon) story of someone abusing the DMCA to get a competitor's book disappeared. There was a lot of background, but the short version is that an a... |
| Sep 10, 2020 | DOJ Tries To Step In To Trump Defamation Case To Get It Dismissed; Claims His Statements About Alleged Rape Were Part Of His Presidential Duties | Earlier this week, you may have seen a bunch of headlines about Bill Barr's DOJ trying to step in to take over a defamation case against the President. There is so much crazy about this story that it seemed worthwhile to dig in. |
| Aug 14, 2020 | Texas 2020 Elections: Preparations and Considerations | Lawfare is partnering with the Stanford-MIT Healthy Elections Project to produce a series on election integrity in the midst of the coronavirus crisis. The Healthy Elections Project aims to assist election officials and the public as the na... |
| Jul 20, 2020 | Legal Considerations Raised by the U.S. Cyberspace Solarium Commission Report | Editor's note: This article is part of a series of articles by analysts involved in the Cyberspace Solarium Commission, among others, highlighting and commenting upon aspects of the commission's findings and conclusion.
To cope with the cor... |
| Jul 13, 2020 | The Federal Government’s Aggressive Prosecution of Protestors | Almost as soon as the police killing of George Floyd brought crowds to the streets across the United States, President Trump and Attorney General William Barr urged federal prosecutors to pursue charges against protestors who allegedly dama... |
| Jul 2, 2020 | The Supreme Court Rules Against Judicial Review of Expedited Removal | On June 25, the Supreme Court ruled 7-2 that Vijayakumar Thuraissigiam, an asylum-seeker, does not have a constitutional right to habeas corpus review in federal court of his claims that the government violated his constitutional, statutory... |
| Jun 29, 2020 | The Role of Federal Courts in Coronavirus-Related Immigration Detention Litigation | From the outset, the coronavirus pandemic posed a unique and immediate threat to incarcerated people—including noncitizens in civil immigration detention. As the pandemic goes on, lawsuits have proliferated across the country challenging th... |
| Jun 4, 2020 | Zoom defenders cite legit reasons to not end-to-end encrypt free calls | Enlarge
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| Apr 22, 2020 | Trump Can’t Play Politics With Aid to States | The national fight against the spread of the novel coronavirus demands a leader who can take charge of and defeat a grave threat, and who can put partisan politics aside to create a shared sense of national purpose. Instead, President Trump... |
| Mar 3, 2020 | A Law Against False Political Ads On Social Media Is A Terrible Idea | At the recent National Association of Broadcasters event, Chairman of the House Antitrust Subcommittee David Cicilline (D-RI) repeated his intention to draft legislation to remove Section 230 immunity from social media companies that knowin... |
| Feb 13, 2020 | Supreme Court to Decide Case About Judicial Review of Expedited Removal | When, if ever, must the federal court door be open to an asylum-seeker facing expedited removal who claims that the government violated his statutory, regulatory and constitutional rights? In less than a month, this question will be argued ... |
| Dec 6, 2019 | Defining a Theory of ‘Bribery’ for Impeachment | The House of Representatives is currently preparing articles of impeachment against President Trump. A vote this year looks increasingly likely. The Constitution enumerates three categories of offenses that warrant impeachment: “Treason,” “... |
| Oct 29, 2019 | Class Actions and Due Process Relief for Immigration Detainees After Jennings v. Rodriguez | A U.S. district court has limited the ability of immigration detainees to use an important procedural tool to challenge their detention. With the ruling, detainees are restricted in their ability to bring a Rule 23(b)(2) class action to ass... |
| Sep 18, 2019 | Why didn’t nonprofits and the NIH require ‘reasonable’ pricing for Zolgensma? That may happen in France | When a new drug emerges from research largely funded by grants from charities and government agencies, who gets to set the price? In the U.S., that question seems to have been answered — the drug company that makes it. As I’ve learned from ... |
| Sep 7, 2019 | Summary: Government’s Management of the Terrorist Screening Database Violates Citizens’ Constitutional Rights, Court Rules | On Sept. 4, the U.S. District Court for the Eastern District of Virginia issued a decision in Elhady v. Kable—a case that challenges how the federal government manages the Terrorist Screening Database (TSDB), colloquially known as the “watc... |
| Aug 5, 2019 | St. Louis County Pays Woman $750,000 After Cops Perform A No-Knock Raid, Kill Her Dog… All Over Unpaid Utility Bills | Here’s where we are in the development of the American police state: no-knock raids over code violations. |
| Aug 5, 2019 | St. Louis County Pays Woman $750,000 After Cops Perform A No-Knock Raid, Kill Her Dog... All Over Unpaid Utility Bills | Here's where we are in the development of the American police state: no-knock raids over code violations. |
| Jun 27, 2019 | Foreign Actors in U.S. Courts: Beginning an Important Conversation | The question of Russian interference in the American political system is not going away. Even as the various investigations of Russian “meddling” in the 2016 election wind down, concerns about the security of the 2020 election abound. Along... |
| Jun 18, 2019 | Protestors’ Suit Against Turkey Tests the Limits of JASTA | In May 2017, protests in Washington, D.C., against Turkish President Recep Tayyip Erdogan ended in violence by Turkish security officials. Now, two different groups of anti-Erdogan protesters have brought civil suits against Turkey, and one... |
| Jun 10, 2019 | S Corporation Might Have Been Better Plan For Writer Karin Slaughter | There can be really good money in crime fiction. That is the first lesson in K Slaughter v Commissioner, a Tax Court decision released last week. The second lesson is that there is a lot more than writing involved in accessing that money. F... |
| Apr 30, 2019 | Alibaba settles a federal securities class action lawsuit with USD 250 million | Chinese e-commerce giant Alibaba informed the U.S. Securities and Exchange Commission on Monday that it has entered a settlement agreement to resolve a class action lawsuit that was initiated in early 2015.
The company and some of its forme... |
| Apr 29, 2019 | Fairness in liver transplants can be a constitutional issue | Liver failure is a terrible way to die: a painful belly full of fluid, vomiting blood, mental confusion, and repeated hospitalizations. The only cure is liver transplantation but, as is the case for all types of transplants, there aren’t ne... |
| Apr 23, 2019 | The Cloud Act Is Not a Tool for Theft of Trade Secrets | After last year’s passage of the Clarifying Lawful Overseas Use of Data Act (Cloud Act), officials and journalists in the European Union have ramped up criticism of the American desire for extraterritorial access to electronic evidence, wit... |
| Apr 6, 2019 | Summary: D.C. Circuit Rules on Grand Jury Secrecy in McKeever v. Barr | On April 5, the U.S. Court of Appeals for the D.C. Circuit ruled in McKeever v. Barr, a case concerning the court’s power to release material protected under grand jury secrecy. Its opinion, which holds that a district court lacks inherent ... |
| Mar 19, 2019 | New Data on Sextortion: 124 Additional Public Cases | Content warning: This post contains content that may be upsetting for some readers. Additional warnings are located throughout the document to signal the introduction of disturbing content. Resources for those affected by sextortion are lin... |
| Mar 5, 2019 | New York Lawsuit Challenges Replacement of Immigration Court Hearings with Video Technology | In the latest salvo in a long debate over the use of video teleconferencing (VTC) technology in immigration courts, several legal aid organizations filed a class-action lawsuit on Feb. 12 in New York challenging the U.S. Immigration and Cus... |
| Feb 12, 2019 | Most Online ‘Terms of Service’ Are Incomprehensible to Adults, Study Finds | Two law professors analyzed the sign-in terms and conditions of 500 popular US websites, including Google and Facebook, and found that more than 99 percent of them were “unreadable,” far exceeding the level most American adults read at, but... |
| Feb 1, 2019 | Oral Argument Summary: In re: Abd Al-Rahim Hussein Al-Nashiri | On Jan. 22, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in In re: Abd Al-Rahim Hussein Al-Nashiri. Judges Judith Rogers, David Tatel and Thomas Griffith reviewed Abd Al Rahim Hussein Al-Nashiri’s (“Al-Nashiri”) reques... |
| Dec 21, 2018 | Assessing the Impact of Jesner v. Arab Bank | It has been half a year since the Supreme Court decided Jesner v. Arab Bank, which held that the Alien Tort Statute (ATS) did not permit federal courts to recognize causes of action against foreign corporations. When the Jesner ruling was a... |
| Nov 17, 2018 | Whitaker’s Appointment and Broader Risks at the Justice Department | Most of the concerns over Matthew Whitaker, recently tweeted into office as acting attorney general, have centered on what he might do to the Mueller investigation. In this brief post, I consider some of the potentially broader effects on t... |
| Oct 25, 2018 | Questions surround involvement of Eran Eyal’s former partner in Shopin pilots | A former business partner of SA entrepreneur Eran Eyal, who faces fraud charges in the US, has declined to comment on whether or not it was he who carried out pilot projects with two top US retailers — on behalf of Eyal’s present startup Sh... |
| Oct 25, 2018 | Questions surround involvement of Eran Eyal’s former partner in Shopin pilots | A former business partner of SA entrepreneur Eran Eyal, who faces fraud charges in the US, has declined to comment on whether or not it was he who carried out pilot projects with two top US retailers — on behalf of Eyal’s present startup Sh... |
| Oct 25, 2018 | How Dimaya v. Sessions Has Affected Sentencing for Terrorism Convictions | In August, two convicted terrorists were released from prison unexpectedly early. The two originally received enhanced sentences under a statute that established mandatory minimum sentence extensions for the use of a firearm in conjunction ... |
| Oct 3, 2018 | Morgan Stanley is fighting to stop a race-discrimination suit from going to trial by using a controversial tactic that keeps employee complaints secret | Larry Downing-Pool/Getty Images
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Morgan Stanley is fighting to keep a race-discrimination complaint from a former wealth manager out of the courts and force it into arbitration.
Plaintiff John Lockette and his lawyer, Linda Fri... |
| Sep 25, 2018 | Oral Argument Summary: McKeever v. Sessions | On Sept. 21, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in McKeever v. Sessions. Judge Douglas Ginsburg, Judge Sri Srinivasan, and Judge Gregory Katsas reviewed the D.C. District Court’s denial of Stuart McKeever’s p... |
| Sep 5, 2018 | A Federal Anti-SLAPP Law Would Make CDA 230 More Effective | Lawsuits against institutions that transmit speech, such as newspapers and blogs, impose costs that those institutions act to avoid—if necessary, by preemptively censoring any third-party speech that increases their exposure to legal liabil... |
| Aug 15, 2018 | RIP Federal Common Law of Foreign Relations? | The federal common law of foreign relations is a shrinking field. It should still govern many immunity-related issues, though not for the reasons courts and other scholars have given.
The federal common law of foreign relations has been in ... |
| Aug 13, 2018 | Doe v. Mattis and the Right of Citizens to Return to the United States | A joint status report is expected Monday in Doe v. Mattis, in which the United States and the ACLU are locked in legal battle over the fate of an unnamed U.S.-Saudi dual citizen whom the U.S. alleges to be an enemy combatant captured in Syr... |
| Aug 3, 2018 | Brett Kavanaugh's Failure to Acknowledge the Changes in Communications Technology: The Implications for Privacy | Facebook became available to the general public in 2006; Apple's smartphone was announced the following year. In little over a decade, the devices, and the communications they engender, have become ubiquitous. Fully 95 percent of Americans ... |
| Jul 3, 2018 | Five Unanswered Questions From Trump v. Hawaii | The outcome in Trump v. Hawaii should not have been much of a surprise. In December, a majority of the Supreme Court allowed the entirety of the travel ban to go into effect temporarily. Over the past decade, when the Roberts Court has stay... |
| Jun 26, 2018 | The Supreme Court Travel Ban Ruling: A Summary | The Supreme Court's decision Tuesday in Trump v. Hawaii decisively puts to bed the “preliminary injunction” round of litigation over President Trump’s travel ban. In a 5-4 decision, with the majority opinion authored by Chief Justice John R... |
| May 24, 2018 | Military Commissions Freeze Appeals in the 9/11 Case | On Wednesday, May 23, the U.S. Court of Military Commission Review (CMCR), the intermediate military appellate court responsible for reviewing military commission proceedings, announced that it currently lacks a quorum to decide contested m... |
| Apr 24, 2018 | Huawei & US Government Timeline: A Standoff Years In The Making | With Huawei’s troubles in the U.S. being essentially neverending, so is this recollection of those clashes, disputes, scandals, and controversies. The last update to this archive was made on May 21st, 2019.
Huawei’s issues with Washington a... |
| Apr 19, 2018 | Summary: Briefs on al-Qahtani’s Motion to Compel | Thursday morning, Judge Rosemary Collyer of the D.C. federal district court will hear argument on whether the government may be compelled to examine Guantanamo Bay detainee and alleged 9/11 conspirator Mohammed al-Qahtani to determine wheth... |
| Apr 13, 2018 | Prosecuting Attorneys Alongside Clients: Some Recent Examples | On Monday, April 9, the FBI searched the office, home and hotel room of Michael Cohen, President Trump’s personal attorney. The warrant was reportedly for evidence of possible bank and wire fraud and campaign finance violations, as well as ... |
| Apr 11, 2018 | Why blockchain-based smart contracts could get you in a legal bind | Mark Giancaspro, Lecturer in Law, University of Adelaide
There is a lot of hype in the business world surrounding the emerging blockchain technology and so called “smart contracts” – computer programs which execute the terms of an agreement... |
| Mar 22, 2018 | Summary from the Courtroom: Al-Alwi v. Trump Oral Argument | On Tuesday, the D.C. Circuit Court of Appeals heard oral argument in Al-Alwi v. Trump. Chief Judge Merrick Garland, Judge Karen LeCraft Henderson (joining remotely) and Judge Thomas Griffith reviewed the D.C. District Court’s dismissal of G... |
| Mar 16, 2018 | A Preview of Oral Argument in Al-Alwi v. Trump | On Tuesday, March 20, a three-judge panel of the D.C. Circuit will hear oral argument in Al-Alwi v. Trump, the case of Guantanamo detainee Moath Hamza Ahmed al-Alwi. Chief Judge Merrick Garland and Judges Karen Henderson and Thomas Griffith... |
| Mar 13, 2018 | America Trades Down: The Legal Consequences of President Trump's Tariffs | Economic welfare and national security are sewn together with a tight stitch, and the president is pulling on the seam. His decision to impose tariffs on steel and aluminum imports pursuant to Section 232 of the Trade Expansion Act carries ... |
| Jan 25, 2018 | Summary: Resting in Part on President Trump, 11 Guantanamo Detainees Petition for Habeas | On Jan. 11, the Center for Constitutional Rights petitioned the federal district court for the District of Columbia for an order granting the writ of habeas corpus on behalf of 11 Guantanamo Bay detainees—Tofiq Nasser Awad al-Bihani, Sharqa... |
| Jan 19, 2018 | Last Week at the Military Commissions: Administrative Matters and Defense Claims of Unjustified Interference | Last week, the military commission in United States v. Khalid Sheikh Mohammed et al.—relating to five individuals suspected of being involved in the 9/11 terrorist attacks—reconvened for pretrial proceedings after a month-long hiatus. The c... |
| Jan 17, 2018 | When Does GTMO Detention Authority Expire? A Close Look at a New Habeas Case. | Has the U.S. government’s authority to use military detention under the 2001 authorization for the use of military force (AUMF) quietly expired? So argue a group of eleven Guantanamo detainees in a habeas corpus petition filed last week.
Th... |
| Dec 18, 2017 | Standing in Data-Breach Actions: Injury in Fact? | If your personal information is released but never misused, can you sue the company that was supposed to keep it safe? Some federal circuits say no; others say yes. A new cert petition in Attias v. CareFirst, filed in appeal of the D.C. Cir... |
| Dec 12, 2017 | Choosing Between Federal Prosecution and Deportation | The legal and political debate over immigration detainers usually concerns the demands that the federal government makes of local law enforcement. But federal regulations also empower authorized immigration officers to issue I-247 detainer ... |
| Dec 6, 2017 | The High Stakes of Misunderstanding Section 702 Reforms | In less than a month, Section 702 of the Foreign Intelligence Surveillance Act (FISA) is set to expire. As the clock runs out on one of the U.S. government’s most important counterterrorism and counterintelligence tools, public discussion o... |
| Nov 20, 2017 | The Classified Information Procedures Act: What It Means and How It’s Applied | This is the first in a series of posts on the Classified Information Procedures Act (CIPA). CIPA is a critical law for national security prosecutions: It establishes a number of key procedures that facilitate a balance between the fundament... |
| Nov 18, 2017 | Al-Alwi v. Trump: The Government Responds, Initial Hearing En Banc is Requested and Denied, and Amici Chime In | Guantanamo Bay detainee Moath Hamza Ahmed al-Alwi’s protracted legal battle has filled the pages of Lawfare for quite some time—see here, here, here, and here—and for good reason: Al-Alwi’s case presents delicate legal questions that touch ... |
| Nov 2, 2017 | Immigration Detainers: A Guide for the Perplexed | Local opposition to federal immigration enforcement is often treated as an ideological issue, with fights over sanctuary cities breaking down along familiar political lines. But setting politics aside, several local law enforcement agencies... |
| Oct 27, 2017 | Last Week at the Military Commissions: A Deluge of Discovery | Military judge James Pohl, the government, and the Walid Bin’Attash, Ramzi Binalshibh, Ali al-Bahlul, Khalid Sheikh Mohammad, and Mustafa al-Hawsawi defense teams returned to continue plowing through discovery motions last week. During two ... |
| Oct 19, 2017 | Third-Party Party-Crashing? The Fate of the Third-Party Doctrine | This fall may prove a landmark in the ongoing debate between security and privacy. Poised to take action are both the U.S. Supreme Court, in Carpenter v. United States, and the U.S. Congress, with the impending sunset of Section 702 of the ... |
| Oct 12, 2017 | A Response to Lawfare's Comments on Our Obstruction Report | On Tuesday, Emma Kohse and Benjamin Wittes published their incisive comments on our Brookings Report, entitled “Presidential Obstruction of Justice: The Case of Donald J. Trump.” Kohse and Wittes note many points of agreement with our repor... |
| Oct 11, 2017 | Obstruction of Justice and President Trump: Comments on a New Report | This morning, the Governance Studies program at Brookings—where one of us works—released a lengthy report, entitled “Presidential Obstruction of Justice: The Case of Donald J. Trump.” Written by Barry Berke of the law firm of Kramer Levin N... |
| Oct 10, 2017 | Jesner v. Arab Bank: The Supreme Court Should Not Miss the Opportunity to Clarify the “Touch and Concern” Test | In Kiobel v. Royal Dutch Petroleum, the Supreme Court held that the Alien Tort Statute (ATS) is presumed not to apply to conduct on the territory of another country unless the plaintiff’s claims “touch and concern” the United States with su... |
| Aug 21, 2017 | Blue Apron shareholders file lawsuits alleging investors were misled | We are excited to bring Transform 2022 back in-person July 19 and virtually July 20 - 28. Join AI and data leaders for insightful talks and exciting networking opportunities. Register today!
Blue Apron’s post-IPO woes continue. The meal-kit... |
| Aug 21, 2017 | Blue Apron shareholders file lawsuits alleging investors were misled | Blue Apron’s post-IPO woes continue. The meal-kit delivery company has been hit with multiple shareholder lawsuits this month, all alleging it made misleading statements in its IPO prospectus.
The various complaints echo each other in their... |
| Jul 18, 2017 | FCC refuses to release text of more than 40,000 net neutrality complaints | Enlarge
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| Jun 5, 2017 | Cybercrime Roundup: Bitcoin, Cat Pictures, and Defining Loss under the CFAA | Whose Authorization Matters—The Third-Party Accounts of Former Employees
Two district courts in Virginia have parsed out a distinction regarding email access to the third-party accounts of former employees: following the employee’s terminat... |
| Jun 2, 2017 | Does an FBI Investigation Qualify Under the Obstruction of Justice Statutes? A Closer Look | There’s been a lot of talk of obstruction of justice of late, and we’ve been part of it. In the three weeks since President Trump fired FBI Director James Comey and two weeks since the New York Times bombshell report that Trump had asked Co... |
| May 30, 2017 | Ex parte Milligan and the Fourth Circuit’s Travel Ban Decision | A Civil War-era decision about military commission trials took center stage in the U.S. Court of Appeals for the Fourth Circuit’s en banc decision last week upholding a district court injunction against President Trump’s second travel ban. ... |
| May 23, 2017 | Facebook Immune from Liability Based on Third-Party Content | In an interesting examination of the role of social media platforms and terrorism, the U.S. District Court for the Eastern District of New York dismissed two related complaints against Facebook on Thursday, May 18. Each set of complainants ... |
| May 19, 2017 | Congressional Access to the Comey Memos | Perhaps one of the most consequential revelations in Tuesday’s New York Times bombshell was that former FBI Director James Comey made detailed contemporaneous accounts of “every phone call and meeting he had with the president” because, as ... |