The Clean Slate Act’s Impact on Employers
Nearly one year after it was signed by Governor Kathy Hochul, the New York Clean Slate Act (the “Act”) took effect on November 16, 2024. Under the Act, New Yorkers are now eligible to have certain conviction records...more
When it comes to alcohol-related driving offenses in Colorado, two terms often come up: DWAI and DUI. Many people wonder, "Is a DWAI better than a DUI in Colorado?" To answer this question comprehensively, we need to...more
Donald Trump’s jury trial rights under Apprendi v. United States, 530 U.S. 466 (2000), were almost certainly violated, but whether he will get relief on such grounds is a different story. In Apprendi, the Supreme Court held...more
On April 23, the Federal Trade Commission voted 3-2 to adopt a final rule banning noncompete agreements. The FTC defines a "non-compete clause" broadly as a term or condition of employment that prohibits a worker from, or...more
It’s beginning to look a lot like Christmas under the Gold Dome. December 25 may be nine months away, but Christmas trees are appearing everywhere. The most prominent bill so far passed out of the House Education Committee on...more
The Office of the Attorney General (“AG”) of the New Hampshire Department of Justice announced in a January 25th news release the indictment of Hammond Grinding and Recycling Inc. a/k/a F.C. Hammond & Son Lumber Co....more
The California Attorney General (“AG”) filed on January 18th felony charges against Lamb Fuels, Inc. (“Lamb Fuels”) and two employees for allegedly illegally treating and transporting hazardous waste in California. The...more
Recently, a pair of bills were proposed in the New Hampshire state legislature that would make it a felony to knowingly invest state or taxpayer funds based upon ESG criteria in violation of fiduciary duty. Specifically, the...more
Capital murder designates a specific type of homicide that may be punishable by the death penalty. But, it no longer exists in the state of Colorado. This change in the legal landscape is a significant development, and...more
New York has joined the growing number of states that have enacted “clean slate” legislation that will automatically seal certain criminal records. The new law will require employers to review any hiring processes related to...more
The laws about carrying knives in Colorado can be a bit tricky. You're allowed to openly carry knives, but there are some restrictions if you want to carry them concealed - meaning hiding them from plain view. You may...more
The constitutionality of California’s felony forfeiture statute, as applied by the Board of Administration of the California Public Employees’ Retirement System (CalPERS), survived yet another challenge in September 2023,...more
With a few exceptions the Supreme Courts of the United States both in Washington and 50 state capitals are courts of “limited jurisdiction.” That is to say that they don’t hold trials and they essentially determine what cases...more
The aggravated identity theft statute, 18 U.S.C. §1028A, imposes a mandatory two-year sentencing enhancement upon a defendant who “uses” without lawful authority another’s means of identification “during and in relation to”...more
The arraignment hearing holds immense importance within the criminal justice system, commanding the utmost seriousness. It represents the formal charging of a defendant with a criminal offense and sets the tone for subsequent...more
Providing a statement to a police officer is a significant aspect of the criminal justice process, typically involving the sharing of information or detailing events relevant to an ongoing investigation. It is vital to...more
When the term “vehicular assault” is brought to attention, many individuals picture someone intentionally hurting or killing someone with their vehicle in their minds. However, more often than not, vehicular assault and...more
On June 10, 2021, Governor Ned Lamont signed into law Connecticut’s “Clean Slate” law, Public Act No. 21-32. The Clean Slate law became effective January 1, 2023, and it provides for the automatic erasure of certain criminal...more
Beginning July 1, 2023, SB 731 will provide for the automatic sealing of certain felony criminal records. Arrests that do not result in conviction will also be sealed....more
Yesterday, the Supreme Court of the United States granted certiorari in one case: Dubin v. United States, No 22-10: This case involves the federal aggravated identity theft statute, which provides that during and in...more
California recently passed Senate Bill 731 (“SB 731”) into law which significantly expands the automatic sealing eligibility of most felonies that occurred on or after January 1, 2005, if certain circumstances are met. This...more
Under the UAE Penal Code, called the Federal Decree-Law No. 31 of 2021 On the Issuance of Crimes and Penalties Law, crimes are divided into three types. These are misdemeanours, felonies, and infractions....more
Federal weapons charges are some of the most serious charges an individual can face. Federal crimes are the highest level of crimes. When coupled with a weapons charge, the consequences can be devastating. When charged with a...more
In today’s Warner Employment News From the Law Shanty, Steve Palazzolo talks with Warner attorney Janelle Shankin. They discuss Michigan’s Clean Slate Act and how it expanded the list of misdemeanors and felonies that are now...more
On May 26, preliminary approval was sought to resolve a proposed class action, pending in the U.S. District Court for the District of Minnesota, against background screening company Inflection Risk Solutions LLC (Inflection)....more