In this case, the First Circuit, sitting en banc, rejected the SEC’s “expansive interpretation” of Rule 10(b)(5) (codified at 17 C.F.R. § 240.10b-5(b)) and held that one may not be held liable for statements contained in a prospectus as a primary violator based upon an “implied representation” theory.

That ruling ...

In this case, District Judge James Munley enjoined Wyoming County District Attorney George Skumanick from prosecuting three teenage girls on felony pornography charges based upon their alleged role in participating in the “sexting” of racy photographs over their cell phones; and in the process Judge Manley put the clamps on ...

The Speedy Trial Act of 1974 (18 U.S.C. § 3161 et seq.) (herein the “STA”) requires that a criminal defendant be tried within 70 days of his indictment or his initial appearance in court; and, if that deadline is not met, the defendant is entitled to have the charges against ...

Here the Court upheld an injunction against a D.A. who had threatened to proceed with criminal charges against three school girls for trafficking in child pornography based on their "sexting" of provocative photographs over their cell phones.

In Miller v. Skumanick, 605 F.Supp.2d 634 (M.D.Pa. Mar. 20, 2009) (“Miller I”) ...

In Al-Kidd v. Ashcroft, 580 F.3d 949 (9th Cir. Sept. 4, 2009) (P&J, 08/24/09) (“Al-Kidd I”), the Ninth Circuit dealt a stinging rebuke to the Bush Administration for some of the preventative detention policies it adopted in the aftermath of 9/11. In that ruling, a divided panel denied former Attorney ...

Here the Court held that former Sect. of Defense, Donald Rumsfeld, was not entitled to dismissal of the lawsuit against him on the grounds of immunity in a civil rights suit involving the illegal detention and torture of two U.S. citizens held in Iraq.

In this case, two former U.S. ...

In the government's appeal from a dismissal of defendants' indictments for failing to register as sex offenders under the Sex Offender Registration and Notification Act (SORNA), dismissal of the indictments is reversed where: 1) SORNA's registration requirement did not violate the Commerce Clause because requiring sex offenders to update their ...

The Circuits continue to engage in fantastical debates about phantom distinctions and imaginary differences that they perceive exist in sentences imposed by the district courts; and the result of those highly subjective analyses has led to at least two rather distinct trends in sentencing that appear to run counter to ...

Here, relying on the exclusionary rule, the Court ordered the Federal Government to return $186,416 dollars that had been seized by the LAPD, stressing it was "particularly concerned" about the police benefiting from its own misconduct.

On March 15, 2005, the Los Angeles Police Department (“LAPD”) obtained a search warrant ...

Here the Court struck down as constitutionally vague and not reasonably related to the goals of sentencing a special condition of supervised release that required the defendant th inform the Probation Department of any significant remantic relationship.

Defendant's child pornography conviction is vacated where a condition of defendant's supervised release ...