BLOG.JMHAMILTONPUBLISHING.COM: Category Archive for Law

With a warrant in hand from a federal judge authorizing the sweep, the Microsoft lawyers and technical personnel gathered evidence and deactivated Web servers ostensibly used by criminals in a scheme to infect computers and steal personal data.

Posted by J.M. Hamilton Blog at 3/26/2012 9:00 AM | Add Comment

Justice Kennedy cited James Madison in The Federalist in noting that “factions” in American democracy can be “checked” by ensuring that all of them can speak freely and “by entrusting the people to judge what is true and what is false.”

Posted by J.M. Hamilton Blog at 3/26/2012 6:30 AM | Add Comment

Here is a look at the issues to be argued over three days this week in this extraordinary case.

Posted by J.M. Hamilton Blog at 3/25/2012 12:01 PM | Add Comment

The court likes to pretend it’s completely above public opinion, inured to the momentary zigs and zags of the polls. But most of us know that nothing could be further from the truth.

Posted by J.M. Hamilton Blog at 3/24/2012 5:00 PM | Add Comment

The self-care provision was enacted, in part, to protect pregnant women from discrimination if they had medical reasons for taking time off.

Posted by J.M. Hamilton Blog at 3/24/2012 6:45 AM | Add Comment

Killing, With the Law on Your Side

Posted by J.M. Hamilton Blog at 3/22/2012 5:30 PM | Add Comment

The battle over the men’s fate is an early test of the former rebels’ commitment to the rule of the law.

Posted by J.M. Hamilton Blog at 3/22/2012 4:30 PM | Add Comment

What is to be done in cases in which a lawyer’s incompetence caused the client to reject a favorable plea bargain?

Posted by J.M. Hamilton Blog at 3/21/2012 6:30 PM | Add Comment

“While it may be obvious to some, it will only be obvious to me when I see BP issue a check,” he said.

Posted by J.M. Hamilton Blog at 3/20/2012 4:02 PM | Add Comment

For some law schools, the dwindling number of test-takers represents a serious long-term challenge.

Posted by J.M. Hamilton Blog at 3/20/2012 1:30 PM | Add Comment

“Any lawyer who walks into court knows that you can win, you can lose, and you can have the strongest case possible but you don’t know how the evidence will come in or how the jury will perceive the credibility of the witnesses,”

Posted by J.M. Hamilton Blog at 3/20/2012 12:05 PM | Add Comment

And yet, if Mr. Ravi spends years in prison, his case will set an alarming precedent of disproportional punishment. The spying he did was criminal, but it was also, as his lawyer put it, “stupid kid” behavior.

Posted by J.M. Hamilton Blog at 3/20/2012 7:00 AM | Add Comment

Brazilian prosecutors' planned criminal charges against Chevron Corp. CVX +0.38% executives for an offshore oil leak threatens to stifle foreign companies' drilling plans in this petroleum-rich nation.

Posted by J.M. Hamilton Blog at 3/20/2012 6:29 AM | Add Comment

Many incumbents deserve to be challenged, but the PAC thinks that end justifies any means.

Posted by J.M. Hamilton Blog at 3/19/2012 5:22 AM | Add Comment

The question now is who was screaming for help.

Posted by J.M. Hamilton Blog at 3/18/2012 4:30 PM | Add Comment

The case set off a debate about whether hate-crime statutes are the best way to deal with bullying.

Posted by J.M. Hamilton Blog at 3/17/2012 7:05 AM | Add Comment

The decision, mostly a procedural one, firmly rebuked Judge Rakoff of the Federal District Court for the Southern District of New York for appearing to overstep the authority

Posted by J.M. Hamilton Blog at 3/15/2012 6:46 PM | Add Comment

“Unfortunately, the matter with Facebook remains unresolved and we are compelled to seek redress in federal court. We are confident that we will prevail.”

Posted by J.M. Hamilton Blog at 3/13/2012 6:30 AM | Add Comment

The Supreme Court, not bound by the code, leaves recusal decisions to each justice. The justices almost never explain how they handle requests for recusal.

Posted by J.M. Hamilton Blog at 3/12/2012 7:00 AM | Add Comment

Several of the parties have held talks to settle the antitrust case and head off a potentially damaging court battle, these people said.

Posted by J.M. Hamilton Blog at 3/8/2012 7:52 AM | Add Comment

“Neither the company nor its employees were responsible for the Concorde accident,” Continental said in an e-mailed statement.

Posted by J.M. Hamilton Blog at 3/8/2012 6:49 AM | Add Comment

The two were accidental plaintiffs in more ways than one. Instructively, it was mere happenstance that their arrest even came to the attention of civil-rights advocates in the first place.

Posted by J.M. Hamilton Blog at 3/7/2012 5:00 PM | Add Comment

“This is simply not accurate. ‘Due process’ and ‘judicial process’ are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.”

Posted by J.M. Hamilton Blog at 3/6/2012 7:12 AM | Add Comment

In mid-February, The A.P. disclosed that police officers systematically monitored the Web sites and blogs of Muslim student groups at N.Y.U., Columbia, Yale, Rutgers and a dozen other colleges.

Posted by J.M. Hamilton Blog at 3/4/2012 6:47 AM | Add Comment

CME has been criticized for how it responded to the crisis at MF Global.

Posted by J.M. Hamilton Blog at 2/28/2012 7:39 PM | Add Comment

Because many view reverse merger companies with suspicion, it is not surprising that so many companies listed in the U.S. through a reverse merger face legal difficulties – no matter where they are headquartered.

Posted by J.M. Hamilton Blog at 2/28/2012 7:31 PM | Add Comment

“The corporations have a lot of money and are very attractive targets,” said Northwestern University law professor Eugene Kontorovich, an expert in international law. “The idea is that they were in bed with the countries.”

Posted by J.M. Hamilton Blog at 2/28/2012 7:05 PM | Add Comment

It responded to several cases of Brady violations by its attorneys — including egregious misconduct in the case of the late Senator Ted Stevens — by providing more training and by directing each United States attorney’s office

Posted by J.M. Hamilton Blog at 2/27/2012 5:54 AM | Add Comment

The S.E.C.’s top litigator, however, defended the settlement policy and painted Judge Rakoff’s efforts as rogue.

Posted by J.M. Hamilton Blog at 2/24/2012 5:50 PM | Add Comment

It’s hard to see how the court’s conservative majority could contend that these expenditures pose no threat to American democracy.

Posted by J.M. Hamilton Blog at 2/22/2012 6:37 AM | Add Comment

Public views on court operations matter because they reflect concern about the court’s isolation, secrecy and lack of impartiality.

Posted by J.M. Hamilton Blog at 2/20/2012 6:31 AM | Add Comment

Ms. Harris wagered that holding out until the end in the settlement talks would give her the most leverage.

Posted by J.M. Hamilton Blog at 2/14/2012 5:37 AM | Add Comment

It contends the state court decision is an “outright refusal of the majority to follow Citizens United.”

Posted by J.M. Hamilton Blog at 2/14/2012 5:28 AM | Add Comment

Deutsche Bank AG won dismissal of two lawsuits in which investors in residential mortgage-backed securities accused the bank of selling them securitized loans it internally disparaged as “crap.”

Posted by J.M. Hamilton Blog at 2/8/2012 7:53 PM | Add Comment

Obama & Citizens United: Surrendering principles, or living again to fight another day for those Principles?

Posted by J.M. Hamilton Blog at 2/8/2012 7:02 AM | Add Comment

The three-judge panel issued its ruling in San Francisco

Posted by J.M. Hamilton Blog at 2/8/2012 6:55 AM | Add Comment

Judge Rakoff even posed for a photograph in Vanity Fair, which is featured in the current newsstand issue with a brief write-up on the judge.

Posted by J.M. Hamilton Blog at 2/7/2012 7:59 PM | Add Comment

“But for 2012,” Mr. Messina said, “our campaign has to face the reality of the law as it currently stands.”

Posted by J.M. Hamilton Blog at 2/7/2012 7:01 AM | Add Comment

The way these cases developed and made their way to the highest court also illustrates the reverse — how politics shape the court.

Posted by J.M. Hamilton Blog at 2/5/2012 8:22 AM | Add Comment

The clause may have run into legal trouble even if Carlyle had not changed its mind.

Posted by J.M. Hamilton Blog at 2/3/2012 7:24 PM | Add Comment

“English criminal law limits what we can say about this incident.”

Posted by J.M. Hamilton Blog at 1/30/2012 6:42 PM | Add Comment

"Recently I’ve seen a phenomenon that I don’t remember seeing before, and that’s angry jurors."

Posted by J.M. Hamilton Blog at 1/30/2012 6:18 PM | Add Comment

U.S. Attorney General Eric Holder and Lanny Breuer, head of the Justice Department's criminal division, were partners for years at a Washington law firm that represented a Who's Who of big banks

Posted by J.M. Hamilton Blog at 1/26/2012 6:01 AM | Add Comment

This is not Justice Gableman’s first ethical breach.

Posted by J.M. Hamilton Blog at 1/25/2012 7:08 AM | Add Comment

In Citizens United, the conservative majority turned itself into a copper kings’ court

Posted by J.M. Hamilton Blog at 1/24/2012 6:51 AM | Add Comment

A Constitutional Amendment creating 18-year terms staggered every 2 years, so that each of the nine Justices would be replaced in order of seniority every other year.

Posted by J.M. Hamilton Blog at 1/23/2012 6:41 PM | Add Comment

“The grass roots they can generate is, frankly, concerning,” Cary Sherman, chairman and chief executive of the Recording Industry Association of America, said of the Internet community.

Posted by J.M. Hamilton Blog at 1/22/2012 7:16 AM | Add Comment

The justices chastised the San Antonio court for not showing enough deference to the Texas plan, but there is clear evidence that it embodies what the Justice Department in the Section 5 lawsuit calls “intentional discrimination” — and should not be allow

Posted by J.M. Hamilton Blog at 1/21/2012 8:57 AM | Add Comment

The new maps, Professor Hasen said, would “favor Republicans over Democrats” as compared with the lower court’s original maps.

Posted by J.M. Hamilton Blog at 1/20/2012 8:21 PM | Add Comment

Perhaps the Roberts Court, and Fellow Republicans, Regret the Citizens United Decision?

Posted by J.M. Hamilton Blog at 1/17/2012 6:41 PM | Add Comment

“Even his adversaries admire and like him — even while he’s beating our brains in.”

Posted by J.M. Hamilton Blog at 1/13/2012 7:30 PM | Add Comment

Citizens United Backfires on Republicans....? Thank you Roberts Court!

Posted by J.M. Hamilton Blog at 1/13/2012 7:08 AM | Add Comment

Citizens United Backfires on Republicans....? Thank you Roberts Court!

Posted by J.M. Hamilton Blog at 1/13/2012 7:02 AM | Add Comment

Conservatives can partially thank the Supreme Court and specifically Anthony Kennedy, the swing vote on the court that decided the 2010 Citizens United case.

Posted by J.M. Hamilton Blog at 1/9/2012 5:31 PM | Add Comment

“This is a big deal,” said Professor Alex Colvin, an expert on mandatory arbitration agreements who teaches at the Cornell School of Industrial and Labor Relations.

Posted by J.M. Hamilton Blog at 1/7/2012 8:02 AM | Add Comment

U.S. District Court Judge Jed Rakoff cited that policy last month when he rejected the agency’s proposed $285 million settlement with Citigroup Inc.

Posted by J.M. Hamilton Blog at 1/6/2012 8:14 PM | Add Comment

The Securities and Exchange Commission said on Friday that it was making a major change in how it settles some securities fraud cases, telling companies that they will no longer be allowed to neither admit nor deny the commission’s civil charges

Posted by J.M. Hamilton Blog at 1/6/2012 8:03 PM | Add Comment

“Privacy is an emerging tort in this country and there have only been a few cases that have gone to a full judgment.”

Posted by J.M. Hamilton Blog at 1/6/2012 6:49 AM | Add Comment

It is disingenuous for him (Chief Justice Roberts) to claim that “no compilation of ethical rules can guarantee integrity” when no code currently applies to the court.

Posted by J.M. Hamilton Blog at 1/6/2012 6:24 AM | Add Comment

DEMOCRACY FOR SALE: There are no limits to the dollars involved, and no accountability for the candidates those dollars are buying.

Posted by J.M. Hamilton Blog at 1/3/2012 7:07 AM | Add Comment

In the name of maintaining stability, the interception and detention of petitioners seems perfectly reasonable, and higher-ups look the other way.

Posted by J.M. Hamilton Blog at 1/2/2012 5:50 AM | Add Comment

“I have complete confidence in the capability of my colleagues to determine when recusal is warranted,” Chief Justice Roberts wrote.

Posted by J.M. Hamilton Blog at 1/1/2012 6:57 AM | Add Comment

“It’s true that the church doesn’t have a First Amendment right to have a government contract,” he said, “but it does have a First Amendment right not to be excluded from a contract based on its religious beliefs.”

Posted by J.M. Hamilton Blog at 12/28/2011 7:35 PM | Add Comment

U.S. District Judge Robert Gettleman in Chicago approved the AIG settlement on Dec. 21, calling it “fair, reasonable, and adequate.”

Posted by J.M. Hamilton Blog at 12/28/2011 7:20 PM | Add Comment

“The question remains whether a reasonable investor would have viewed the nondisclosed information ‘as having significantly altered the ‘total mix’ of information made available.’”

Posted by J.M. Hamilton Blog at 12/22/2011 6:06 PM | Add Comment

Attorney General Eric H. Holder Jr. said the settlement showed that the Justice Department would “vigorously pursue those who would take advantage of certain Americans because of their race, national origin, gender or disability.”

Posted by J.M. Hamilton Blog at 12/22/2011 7:23 AM | Add Comment

“It’s an important victory for Apple, but it’s just one of many battles.”

Posted by J.M. Hamilton Blog at 12/20/2011 6:37 AM | Add Comment

“Judicial supremacy is factually wrong, it is morally wrong, and it is an affront to the American system of self-government,” Mr. Gingrich

Posted by J.M. Hamilton Blog at 12/20/2011 6:32 AM | Add Comment

“Fannie Mae and Freddie Mac executives told the world that their subprime exposure was substantially smaller than it really was,” Robert Khuzam

Posted by J.M. Hamilton Blog at 12/17/2011 7:41 AM | Add Comment

In a court hearing in September, Mr. Adoboli’s lawyer said his client was “sorry beyond words for what had happened”

Posted by J.M. Hamilton Blog at 12/16/2011 7:17 PM | Add Comment

The SEC must appeal Judge Rakoff's Decison... Failure to do so and succeed, would draw attention to how woefully lacking the Bank Enforcement Laws are in the U.S. - J.M.H.

Posted by J.M. Hamilton Blog at 12/15/2011 8:38 PM | Add Comment

Dec. 15 (Bloomberg) -- Kelly Saindon, an attorney at Belongia Shapiro & Franklin LLP, talks about this week's congressional testimony by former MF Global Holdings Ltd

Posted by J.M. Hamilton Blog at 12/15/2011 8:28 PM | Add Comment

“We have to have the jurisdictions to tie to the addresses before we can even think about holding an election. We’re at a standstill."

Posted by J.M. Hamilton Blog at 12/15/2011 6:38 AM | Add Comment

"But here’s the rub: By taking this doctrine too far, the S.E.C. has undermined its negotiating position."

Posted by J.M. Hamilton Blog at 12/14/2011 7:02 PM | Add Comment

In agreeing to settle the case, Bear Stearns paid $160 million in disgorgement and $90 million in civil penalties.

Posted by J.M. Hamilton Blog at 12/14/2011 6:46 PM | Add Comment

"Very Vague"

Posted by J.M. Hamilton Blog at 12/13/2011 8:00 PM | Add Comment

The rule change would also have prevented MF Global from engaging in so-called repo transactions -- short-term secured financings with institutional investors -- with other Wall Street firms.

Posted by J.M. Hamilton Blog at 12/12/2011 7:39 PM | Add Comment

“We’re certainly hopeful we’ll reach an agreement by Christmas, but there are no guarantees.”

Posted by J.M. Hamilton Blog at 12/12/2011 7:37 PM | Add Comment

For years, law firms told their corporate clients to make use of Chapter 11 bankruptcy—which allows businesses to liquidate, reorganize or sell themselves without fearing creditors.

Posted by J.M. Hamilton Blog at 12/12/2011 7:25 PM | Add Comment

"At least a segment of the Republican Party is trying to keep the growing Hispanic electorate from negatively impacting their power in the state for as long as possible.”

Posted by J.M. Hamilton Blog at 12/12/2011 6:32 AM | Add Comment

Or if they lacked the votes to impeach, they could abolish the judges’ seats. Mr. Gingrich is already naming names to stir his faction.

Posted by J.M. Hamilton Blog at 12/11/2011 6:32 AM | Add Comment

The Tokyo Interbank Offered Rate, or Tibor

Posted by J.M. Hamilton Blog at 12/9/2011 6:36 PM | Add Comment

“Antitrust conditions should not be allowed to endanger the industry and economic logic of this transformational merger.”

Posted by J.M. Hamilton Blog at 12/8/2011 7:48 PM | Add Comment

“In much of the world, propaganda reigns, and truth is confined to secretive, fearful whispers,” he wrote.

Posted by J.M. Hamilton Blog at 12/7/2011 8:14 PM | Add Comment

“Her nomination fell victim to the Republican pattern of obstructionism that puts party ahead of country,” Mr. Obama said.

Posted by J.M. Hamilton Blog at 12/7/2011 7:13 AM | Add Comment

If anyone thought that you couldn’t have your cake and eat it too in the world of finance, MF Global shows how you can have your cake, eat it, eat someone else’s cake and then let your clients pick up the bill

Posted by J.M. Hamilton Blog at 12/6/2011 7:40 PM | Add Comment

FINRA was formed in 2007 from the consolidation of the National Association of Securities Dealers (NASD) and member regulation, enforcement and arbitration operations of the New York Stock Exchange.

Posted by J.M. Hamilton Blog at 12/6/2011 7:38 PM | Add Comment

“I believe that this rule is critical for the safeguarding of customer money,” Gary Gensler, the agency chairman, said at a public meeting in Washington.

Posted by J.M. Hamilton Blog at 12/5/2011 8:09 PM | Add Comment

"Let’s stipulate that the behavior of Citigroup and its executives is every bit as bad as the agency alleges."

Posted by J.M. Hamilton Blog at 12/5/2011 8:05 PM | Add Comment

The Supreme Court held in 2004 that it is necessary to show actual damages in a lawsuit under the Privacy Act but did not say whether nonmonetary harm like emotional distress comes under that heading

Posted by J.M. Hamilton Blog at 12/3/2011 11:34 AM | Add Comment

With bond markets shut and investors still wary of asset-backed securities, many banks have become increasingly reliant on the repo markets

Posted by J.M. Hamilton Blog at 12/1/2011 7:55 PM | Add Comment

NEWS FROM SIGTARP

Posted by J.M. Hamilton Blog at 12/1/2011 7:48 PM | Add Comment

This failure undermines the court’s reputation.

Posted by J.M. Hamilton Blog at 12/1/2011 7:04 AM | Add Comment

"Judge Rakoff blew a big hole in that practice yesterday."

Posted by J.M. Hamilton Blog at 11/29/2011 8:38 PM | Add Comment

The crucial question is whether Judge Rakoff’s decision could lead to an end to the S.E.C.’s policy of settling its cases without any admission of liability by the defendant

Posted by J.M. Hamilton Blog at 11/29/2011 8:20 PM | Add Comment

"Judge Jed Rakoff is furious. He should be. We all should be."

Posted by J.M. Hamilton Blog at 11/29/2011 7:11 AM | Add Comment

BEST NEWS ALL DAY: The S.E.C. in particular, he added, “has a duty, inherent in its statutory mission, to see that the truth emerges.”

Posted by J.M. Hamilton Blog at 11/28/2011 8:30 PM | Add Comment

As Ferdinand Pecora, the Depression-era prosecutor, is supposed to have said of the events leading to the Wall Street crash of 1929: Pitch darkness was among the bankers’ stoutest allies.

Posted by J.M. Hamilton Blog at 11/28/2011 8:27 PM | Add Comment

“Concentrated markets lack competitive balance; they give powerful players the ability to restrain competition and consumer choice.” -Kansas Attorney General Derek Schmidt,Republican

Posted by J.M. Hamilton Blog at 11/23/2011 1:47 PM | Add Comment

That outcome has added a new twist to a long-running friction in the politics of judicial nominations.

Posted by J.M. Hamilton Blog at 11/23/2011 1:28 PM | Add Comment

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