Preparing for Deposition – A Case Theory Approach for Systematic Preparation
Abstract: A deposition is not just a way to obtain factual information. A deposition is also an opportunity to test alternative factual theories and case themes to determine the best theme to use at trial. Deposition planning should, therefore, focus on developing a range of theories to be tested in a deposition. This article presents…
Recent Decisions Upholding Attorney General Prosecutorial Discretion In Cases Alleging Retaliatory Prosecution
Several recent decisions, in state courts in Massachusetts and New York and in federal courts in New York, have clarified that statements made by the attorney general in connection with investigations and enforcement actions do not necessarily indicate improper bias on the part of the attorney general and do not warrant dismissal of the lawsuits….
Attorney General’s Civil Subpoenas Upheld by State Trial and Appellate Courts and Federal Court In Parallel Civil/Criminal Proceedings
New York courts recently issued decisions involving the interplay between criminal and civil investigations. In People v. Trump Organization, No. 451685/2020 (N.Y. Sup.Ct. Feb. 17, 2022), the court denied a motion to quash subpoenas issued in a civil investigation while a parallel criminal investigation was occurring. The attorney general initiated a civil investigation into whether…
DC Court of Appeals Defines Qualifications for Candidates for DC Attorney General
In a rare case addressing the qualifications for the office of attorney general, the District of Columbia Court of Appeals held that a candidate’s tenure as a city councilmember did not satisfy the D.C. Code’s requirement that the District of Columbia attorney general must have “(5) . . . been actively engaged, for at least…
NASCIO Perspective: The State and Local Cybersecurity Grant Program
The passage and signing into law of the Infrastructure Investment and Jobs Act (the Act) provided historic levels of funding to states, territories, tribes and localities to address pressing infrastructure needs. While “traditional” infrastructure priorities that include roads and bridges were a central focus of the bill, broadband expansion and cybersecurity concerns also garnered substantial…
Supreme Court Report: Bittner v. United States, 21-1195
Volume 29, Issue 18 This Report summarizes opinions issued on June 21, 2022 (Part I); and cases granted review on that date (Part II). Case Granted Review: Bittner v. United States, 21-1195 Bittner v. United States, 21-1195. The question presented is whether a violation under the Bank Secrecy Act, 31 U.S.C. 5311 et seq., is…
Supreme Court Report: United States, ex rel. Polansky v. Executive Health Resources, Inc., 21-1052
Volume 29, Issue 18 This Report summarizes opinions issued on June 21, 2022 (Part I); and cases granted review on that date (Part II). Case Granted Review: United States, ex rel. Polansky v. Executive Health Resources, Inc., 21-1052 United States, ex rel. Polansky v. Executive Health Resources, Inc., 21-1052. This case addresses “[w]hether the government…
Supreme Court Report: Shoop v. Twyford, 21-511
Volume 29, Issue 18 This Report summarizes opinions issued on June 21, 2022 (Part I); and cases granted review on that date (Part II). Opinion: Shoop v. Twyford, 21-511 Shoop v. Twyford, 21-511. In a 5-4 decision, the Court held that a transportation order under the All Writs Act allowing a state prisoner to search…
Supreme Court Report: United States v. Taylor, 20-1459
Volume 29, Issue 18 This Report summarizes opinions issued on June 21, 2022 (Part I); and cases granted review on that date (Part II). Opinion: United States v. Taylor, 20-1459 United States v. Taylor, 20-1459. In a 7-2 decision, the Court held that attempted Hobbs Act robbery is not a “crime of violence” under 18…
Supreme Court Report: Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., 20-1641
Volume 29, Issue 18 This Report summarizes opinions issued on June 21, 2022 (Part I); and cases granted review on that date (Part II). Opinion: Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., 20-1641 Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., 20-1641. In a 7-2 decision, the Court held that…