New York Court of Appeals – In People v. Rivera, No. 117 (June 10, 2014), the Court of Appeals determined that a brief colloquy in the robing room between the trial judge and a juror should not have taken place outside the presence of the defendant, even with the consent of counsel. Because it did, the Court of…
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Second Circuit Rejects Judge Rakoff’s Rejection of Citigroup Settlement with SEC
Court of Appeals for the Second Circuit – In United States Securities and Exchange Commission v. Citigroup Global Markets, Nos. 11-5227-cv; 11-5375-cv; 11-5242-cv, the U.S. Court of Appeals for the Second Circuit found that the district court abused its discretion by rejecting a proposed Consent Judgment between Citigroup Global Markets (Citi) and the Securities and Exchange Commission…
Continue reading…FCPA Guidance from the Eleventh Circut? Not Entirely
Court of Appeals for the Eleventh Circuit – In United States v. Esquenazi, No. 11-15331 (11th Cir. May 16, 2014), the U.S. Court of Appeals for the Eleventh Circuit affirmed the convictions of two men charged with violating the Foreign Corrupt Practices Act (FCPA), in violation of 15 U.S.C. § 78dd-2, concealment money laundering, conspiracy, and conspiracy to…
Continue reading…Attorney Malpractice Claim in Underlying Criminal Case Need Not Show Defendant Would have Been Exonerated
New Jersey – Appellate Division. In Cortez v. Gindhart, No. A-0430-12T1 (App. Div. May 21, 2014) the Appellate Division rejected the traditional notion that in order to assert a legal malpractice claim in an underlying criminal case, the defendant must prove that he would have been exonerated but for the attorney’s negligence. Eduardo Cortez was represented by Joseph…
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