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Criminal Liability Supreme Court of the United States

The Volkov Law Group

Supreme Court Continues to Pare Back Criminal Laws

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In a pair of rulings issued near the end of the last Term, Fischer v. United States and Snyder v. United States, the Supreme Court continued to cut back on the Justice Department’s interpretation and enforcement of criminal...more

Baker Donelson

Timing is Everything: The Court's Latest Gift to Defendants in Bribery Prosecutions (Snyder v. United States)

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Readers of prior Firm client alerts in the white-collar criminal space will no doubt recall the Supreme Court's recent trend of scaling back the powers of the Department of Justice (DOJ) in prosecuting public corruption...more

Dorsey & Whitney LLP

The Supreme Court Update - June 28, 2024

Dorsey & Whitney LLP on

The Supreme Court of the United States issued four decisions today: Loper Bright Enterprises v. Raimondo, No. 22-451; Relentless v. Department of Commerce, No. 22-1219: These cases, decided in a single opinion, address...more

ArentFox Schiff

Supreme Court Rules in NRA v. Vullo: Landmark Decision Upholds First Amendment Rights

ArentFox Schiff on

On May 30, the US Supreme Court, in National Rifle Ass’n of Am. v. Vullo, 602 US __ (2024), unanimously held that the National Rifle Association (NRA) plausibly alleged in a complaint that it filed in federal court that...more

Davis Wright Tremaine LLP

In Counterman v. Colorado, the Supreme Court Confirms the Vitality of New York Times v. Sullivan

The future appears bright (or at least brighter) for the Supreme Court's seminal decision New York Times v. Sullivan, 376 U.S. 254 (1964), after six Justices endorsed its core principles in a recent decision involving the...more

Saiber LLC

The Supreme Court Declines Another Opportunity to Consider Section 230

Saiber LLC on

​​​​​​​Just twelve days after Supreme Court of the United States issued a per curiam decision in Gonzalez v. Google LLC, in which the Court declined to address the application of §230 of the Communications Decency Act, 47...more

Warner Norcross + Judd

Supreme Court Resolves Circuit Split and Holds that Wire Fraud Requires Deprivation of Traditional Property Interest

Warner Norcross + Judd on

In Ciminelli v. United States, the United States Supreme Court resolved a decades-long circuit split and clarified that to be guilty of federal wire fraud, prosecutors must prove that the defendant’s scheme to defraud...more

Dechert LLP

Supreme Smack Down: High Court Unanimously Circumscribes DOJ’s Honest Services Fraud Theories

Dechert LLP on

The Supreme Court yet again unanimously overturned bribery convictions based on prosecutorial overreach via the honest services wire fraud statute. The steady stream of reversals fundamentally challenges the DOJ’s approach in...more

Gardner Law

FDA Violations and the Park Doctrine Threat

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Did you know… As a leader at an FDA-regulated company, you could be held criminally liable for misdemeanor FDA violations even if you did not know about the activities leading to the violation....more

Lowenstein Sandler LLP

Reproductive Rights: FAQs for Those Who Assist People Seeking Abortions in New Jersey

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INDIVIDUAL RISK ASSESSMENTS- Many of the responses below are intended to identify circumstances in which you should consider seeking legal advice relating to assistance you may be providing to out-of-state patients...more

BakerHostetler

Post-Roe Criminal Implications for Multi-State Entities

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The U.S. Supreme Court’s decision in Dobbs, State Health Officer of the Mississippi Department of Health, et al. v. Jackson Women’s Health Organization, et al. has created profound uncertainty for individuals and entities...more

Amundsen Davis LLC

Employee Benefit Plan Considerations Post-Roe

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The U.S. Supreme Court's decision last month to overturn Roe v. Wade presents new challenges for employee benefit plans. By overturning the case establishing a constitutional right to abortion, the Court's decision in Dobbs...more

Steptoe & Johnson PLLC

Supreme Court Rules in Favor of Physicians in Overprescribing Cases

The U.S. Supreme Court unanimously agreed that in prosecuting cases against physicians under the Controlled Substances Act (CSA), if the alleged physician demonstrates that his or her conduct is authorized per the CSA, the...more

Smith Gambrell Russell

SCOTUS: Prosecutors Must Prove “Subjective” Knowledge to Convict Doctors Under the Controlled Substances Act

On June 27, 2022, the United States Supreme Court clarified the “knowingly or intentionally” standard for criminal prosecutions against doctors accused of overprescribing addictive medications in violation of the Controlled...more

Quarles & Brady LLP

High Court Rules “State of Mind” Relevant in Prosecuting Prescribers under the Controlled Substance Act

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Last week the Supreme Court ("the Court") released a decision holding that the Federal Controlled Substance Act (the "Act") provision that criminalizes the dispensing of a controlled substance “except as authorized” includes...more

Nelson Mullins Riley & Scarborough LLP

South Carolina’s Fetal Heartbeat Law Following Dobbs

Following the U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, the South Carolina Fetal Heartbeat Law (“Heartbeat Law”) went into effect on June 27, 2022. This alert summarizes the core provisions...more

Gray Reed

Recent Supreme Court Case Provides Possible Pre-Assessment Judicial Review for Onerous Penalties

Gray Reed on

The Supreme Court’s recent decision in CIC Services, LLC v. Internal Revenue Service may have significantly expanded taxpayers’ ability to obtain immediate injunctive relief against onerous tax reporting requirement....more

Womble Bond Dickinson

CIC Services, LLC v. Internal Revenue Service: Captive Insurance Wins a Battle, but the War Continues

Womble Bond Dickinson on

On Tax Day, May 17, 2021, in a unanimous opinion authored by Justice Kagan, the United States Supreme Court held that the Anti-Injunction Act ("AIA") does not bar a pre-enforcement challenge to the legality of an IRS-imposed...more

Womble Bond Dickinson

SCOTUS Ruling Narrows Computer Fraud Law

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Highlights - The ruling limits types of conduct that can be charged under the Computer Fraud and Abuse Act (CFAA). - The ruling provides much-needed guidance for federal prosecutors but makes it more difficult to...more

Kerr Russell

Challenge To IRS Notice Does Not Violate Anti-Injunction Act

Kerr Russell on

In a ruling with implications for retirement and tax planning generally, the U.S. Supreme Court has determined that, in certain circumstances, taxpayers can challenge reporting requirements before complying with the...more

Latham & Watkins LLP

US Supreme Court Allows Challenge to IRS Rule to Go Forward Despite Anti-Injunction Act

Latham & Watkins LLP on

The ruling provides a new avenue for parties to bring pre-enforcement challenges to IRS rules and regulations. Key Points: ..In CIC Services v. IRS, the US Supreme Court allowed a pre-enforcement challenge to an IRS...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

U.S. Supreme Court Limits Reach of Computer Fraud and Abuse Act

Enacted in 1986, the Computer Fraud and Abuse Act (CFAA) provides businesses with a private right of action against an individual who “exceeds authorized access” of their computers. Violators are subject to criminal liability...more

Akin Gump Strauss Hauer & Feld LLP

Landmark Supreme Court Decision on Federal Anti-Hacking Law

Key Points - The Supreme Court held that a former police officer did not violate the CFAA by “exceeding” his authorized access to a law enforcement database when he used the database to sell information because he was...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Outlines Bounds of the Computer Fraud and Abuse Act

In Van Buren v. United States, the Supreme Court’s first opportunity to mark the limits of the Computer Fraud and Abuse Act (CFAA), the Supreme Court significantly curtailed the act’s scope. In a decision on June 3, 2021,...more

Hinshaw & Culbertson - Employment Law...

Employers Should No Longer Rely on Their Policies Alone to Support a Computer Fraud and Abuse Act Claim Against Current or Former...

On June 3, 2021, the U.S. Supreme Court issued its opinion in Van Buren v. U.S. addressing a long-standing circuit split on employee computer access limits under the Computer Fraud and Abuse Act (CFAA). For many years the...more

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