DOCSLIB.ORG

35 Million Reasons to Heed New SEC Guidance on Cybersecurity Disclosure Requirements by John Mccauley, CIPP (US)(E) Bingham Greenebaum Doll LLP Page 2

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
35 Million Reasons to Heed New SEC Guidance on Cybersecurity Disclosure Requirements by John Mccauley, CIPP (US)(E) Bingham Greenebaum Doll LLP Page 2 FALL | WINTER | 2 0 1 8 ATTORNEY -CLIENT 35 Million PRIVILEGE Is the Attorney-Client Reasons to Heed Privilege Under Attack? pg20 New SEC LOCKING THE PLAINTIFF IN Guidance on Cybersecurity Accident Demonstrations in Disclosure Product Liability Litigation pg28 Requirements BEFORE YOU SEAL pg 2 THE DEAL Multiemployer Pension Plan Can Impact An Asset Purchase pg26 MESSAGING APPS Don’t Let the Disappearing Act Catch You by Surprise in Discovery pg18 We’ve been prepping for your next case for nearly 50 years. S-E-A’s engineers, technicians and investigators have conducted independent and objective evaluations and analyses to produce real answers and articulate them in court since 1970. For more information, call 800.782.6851 or visit www.SEAlimited.com. Proud Partner USLAW NETWORK Inc. since 2004. REVEALING THE CAUSE. MITIGATING THE RISK. Engineering, Investigation and Analysis since 1970 © 2018 www.uslaw.org From the Incoming Chair's Desk Page 1 FEATURES: Table of 35 Million Reasons to Heed New SEC Guidance on Cybersecurity Disclosure Requirements By John McCauley, CIPP (US)(E) Bingham Greenebaum Doll LLP page 2 It’s Not a Plane, Not a Bird, It’s a Drone! An Overview of the Insurance Issues Pertaining to Drones for Insurers Contents Kent M. Bevan Dysart Taylor Cotter McMonigle & Montemore, PC page 4 Risk Assessment in Estate Planning: Are You at High Risk of Having Conflict Amongst Your Loved Ones? Richard R. Marsh Flaherty Sensabaugh Bonasso PLLC page 6 The May 25 GDPR Compliance Deadline Has Passed: What Does Enforcement Really Look Like? Batya F. Forsyth and Everett Monroe Hanson Bridgett LLP page 8 Avoiding Tender Issues In Retail Leases and Service Contracts to Ensure Favorable Outcomes In Premises Liability Claims and Lawsuits Noble F. Allen and Diane Rojas Hinckley Allen page 12 Addressing Pay Equity in the #ME TOO Era Julie Devine Lashly & Baer, P.C. page 14 CAVEAT EMPTOR: You May Be Purchasing More Than Assets Jessica L. Bornes and Leslie Paul Machado LeClairRyan page 16 Messaging Apps: Don’t Let the Disappearing Act Catch You by Surprise in Discovery Joy Allen Woller and Jared Sutton Lewis Roca Rothgerber Christie LLP page 18 Is the Attorney-Client Privilege Under Attack? Heather L. Mills and Gina E. Och Murchison & Cumming LLP page 20 A Long Way From “Guns That Don’t Shoot”: 18 Proactive, Self-Defense Tactics Against the Ever-Expanding Application of the False Claims Act Robert H. Iseman Rivkin Radler LLP page 22 The Evolution Of Structured Settlements Rachel D. Grant, CSSC Structured Financial Associates, Inc. • Andrew K. Fisher, CSSC Structures, Inc. page 24 Before You Seal the Deal: How Multiemployer Pension Plan Withdrawal Liability Can Impact An Asset Purchase Beverly Alfon SmithAmundsen page 26 Locking the Plaintiff In: Accident Demonstrations in Product Liability Litigation J. Michael Kunsch Sweeney & Sheehan, P.C. page 28 Trying the Indemnity Case Mark S. Barrow and Ryan C. Holt Sweeny, Wingate & Barrow, P.A. page 30 The Legalization of Recreational Cannabis in Canada: A Pan-Canadian Perspective Claudia Dubé and Marianne Bessette Therrien Couture L.L.P. page 32 Balance Sheet Blues and Red Faces: UK Government Dithering on Immigration Laws Piles the Pressure on Business Julia Jackson Wedlake Bell LLP page 34 What State Do You Live In? Oscar J. Cabanas Wicker, Smith, O’Hara, McCoy & Ford P.A. • David Wilck Rivkin Radler LLP page 36 Doing Business in Canada? Understand its Employment Laws Alex Hunt Parlee McLaws LLP page 38 DEPARTMENTS: Firms On the Move Page 42 Faces of USLAW Page 44 Pro Bono Spotlight Page 46 Successful Recent USLAW Law Firm Verdicts / Transactions Page 48 USLAW NETWORK SourceBook Page 54 Spotlight on Corporate Partners Page 60 LawMobile Page 10 About USLAW Page 51 2018 Membership Roster Page 53 The articles contained herein are for informational purposes only and are not intended to be the basis for decisions in specific situations nor a substitute for legal counsel. Copyright © 2018 USLAW NETWORK, Inc. All rights reserved. Supporter of Since 2008 NATIONAL PRESENCE. LOCAL EXPERTISE. US Legal Support provides court reporting, record retrieval, interpreting and translation services, trial services and transcription services to local and national law firms, major corporations and insurance carriers. We stand out in a field of many choices by offering tailored solutions and exceptional personalizedOcial service. USLAW Court Reporng Parer Jim Cunningham, Division President, Midwest Region [email protected] | 312.957.4525 Visit www.uslegalsupport.com for listing of our national locations. Court Reporting | Record Retrieval Interpreting and Translation Services | Trial Services Transcription Services US LAW www.uslaw.org 1 www.uslaw.org FROM THE INCOMING Chair’s Desk Publisher ROGER M. YAFFE Editor CONNIE WILSON Art Director JEFF FREIBERT • COMPASS CREATIVE As the incoming Chair of USLAW, I am proud to BOARD OF DIRECTORS share with you the fall 2018 issue of USLAW Magazine. The articles are written by USLAW mem- JOHN D. CROMIE, CHAIR Connell Foley LLP, Roseland, NJ ber attorneys and corporate partners and touch upon important issues facing businesses and legal leaders across a range of KEVIN L. FRITZ, VICE CHAIR Lashly & Baer, P.C., St. Louis, MO industries. As you peruse these pages, you will note we focus on the EU’s General Data Protection Regulation, #metoo, cybersecurity, risk JILL ROBB ACKERMAN, SECRETARY/TREASURER assessments in estate planning, accident demonstrations in product li- Baird Holm LLP, Omaha, NE ability litigation, drones, the False Claims Act, legalization of recre- NICHOLAS E. CHRISTIN, SPECIAL PROJECTS DIRECTOR ational cannabis in Canada and so much more. Wicker Smith O'Hara McCoy & Ford P.A., Miami, FL DAN L. LONGO, LAW FIRM MANAGEMENT DIRECTOR z USLAW Magazine is just one example of the many complimentary Murchison & Cumming, LLP, Los Angeles, CA USLAW resources, products and services created to assist you with your SUSAN CHILDERS NORTH, CLIENT LIAISON DIRECTOR day-to-day operation and management of cutting edge legal issues. LeClairRyan, Williamsburg, VA Through USLAW LawMobile, we also offer customized programing MICHAEL P. SHARP. ASSISTANT TREASURER to you and your team on a diverse variety of topics relevant to your busi- Fee, Smith, Sharp & Vitullo, L.L.P., Dallas, TX ness demands and industry. Via live and archived webinars, we provide KENNETH B. WINGATE, MEMBERSHIP MANAGEMENT DIRECTOR programming across dozens of practice areas. And, by viewing or down- Sweeny, Wingate & Barrow, P.A., Columbia, SC Compendiums of Law Judicial loading the various USLAW and the LEW R. C. BRICKER, IMMEDIATE PAST CHAIR Counties Profile, we deliver our home field advantage with our legal, SmithAmundsen LLC, Chicago, IL legislative and jurisdictional knowledge. THOMAS L. OLIVER, II, CHAIR EMERITUS Carr Allison, Birmingham, AL As I begin my term as Chair of USLAW NETWORK, I would like to ex- tend thanks to my immediate predecessor, John Cromie of Connell RENÉ MAURICIO ALVA ROBERT S. NOBEL Foley LLP in New Jersey, for his strategic guidance, friendship and lead- EC Legal Rubio Villegas Traub Lieberman Straus & Mexico City, Mexico Shrewsberry LLP ership. I look forward to continuing his and the USLAW Board’s long- Hawthorne, NY standing commitment to ensuring that USLAW delivers exceptional STANFORD P. FITTS Strong & Hanni, PC PHILLIP H. STANFIELD client service and industry-leading education and networking opportu- Salt Lake City UT Jones, Skelton & Hochuli, nities. P.L.C., Phoenix, AZ AMANDA P. KETCHUM Dysart Taylor Cotter THOMAS S. THORNTON, III USLAW was founded in 2001 to create a network of regionally based, McMonigle & Montemore, Carr Allison independent firms that could respond quickly, efficiently and econom- PC, Kansas City, MO Birmingham AL ically to client needs wherever and whenever needed. Nearly two J. MICHAEL KUNSCH RODNEY L. UMBERGER decades later, we have grown to more than 60 firms, more than 6,000 Sweeney & Sheehan, P.C. Williams Kastner attorneys and, collectively, we practice across the U.S., Canada, Latin Philadelphia PA Seattle, WA America and Asia, and have affiliations with Trans-European Law LISA LANGEVIN RICHARD ISHAM, EX-OFFICIO Firm Alliance (TELFA) in Europe. We are where you need us to be. Kelly Santini LLP MEMBER Ottawa, Ontario, Canada Wedlake Bell London, England MALINDA S. MATLOCK Please connect with us. Engage in our programs and events. Take ad- Pierce Couch Hendrickson vantage of the many complimentary resources. Let us know how we can Baysinger & Green, L.L.P. help you. Again, please enjoy this complimentary issue of USLAW Oklahoma City, OK Magazine and thank you for your support. ROGER M. YAFFE, CHIEF EXECUTIVE OFFICER Sincerely, [email protected], (800) 231-9110, ext. 1 Kevin L. Fritz JENNIFER RANDALL, MEMBERSHIP SERVICES COORDINATOR USLAW NETWORK Incoming Chair [email protected], (800) 231-9110, ext. 3 Lashly & Baer, P.C | St. Louis, Missouri CONNIE WILSON, COMMUNICATIONS SPECIALIST [email protected], (800) 231-9110, ext. 4 PAIGE THOMPSON, MEMBERSHIP SERVICES COORDINATOR [email protected], (800) 231-9110, ext. 5 3111 N. University Drive, Suite 400 Coral Springs, FL 33065 • Phone/Fax 800.231.9110 2 www.uslaw.org US LAW 35 Million Reasons to Heed New SEC Guidance on Cybersecurity Disclosure Requirements By John McCauley Esq., CIPP (US)(E) Bingham Greenebaum Doll LLP The Securities and Exchange Commis- about cybersecurity risks and incidents. The in the form of risk factors. However, given sion has released new guidance (“Guidance”) decision vote to approve the Guidance the frequency, magnitude and costs associ- to ensure public companies disclose cyberse- comes at a time when the significance of cy- ated with cybersecurity incidents to public curity incidents and risks to their investors. bersecurity incidents is increasing. companies, the SEC believes companies As evidence of its view of the importance of The Guidance outlines the Commis- must take all required actions to inform in- the Guidance, the SEC in April 2018 an- sion’s views with respect to cybersecurity dis- vestors about a material cybersecurity risk or nounced a $35 million settlement with closure requirements under the federal incident in a timely manner.
Load more

Recommended publications
  • 28 01 2014 24 Escena4.Qxd
    jueves 7 de mayo del 2020 Ayuda Ricky Martin a médicos dominicanos La Fundación Ricky Martin y Project Hope colaboraron para entregar equipos a los trabajadores de la salud Ciudad de México/NTX.- colaboración con la iniciativa #ayu- las organizaciones Project Hope y El cantante puertorriqueño Ricky dadesdecasa enviaron ayuda no sólo a Charity Stars quienes estuvieron al Martin atendió el llamado del cantautor Puerto Rico, sino también a República tanto de la logística en la distribución Juan Luis Guerra, quien le solicitó Dominicana. del material, según el diario El nuevo ayuda para que médicos de su país De esta forma se dio la segunda día, de Puerto Rico. natal, República Dominicana, contaran entrega de equipos de protección indi- La colaboración entre ambos inér- Enviaron ayuda a Puerto Rico, y también a República Dominicana. con el equipo necesario para enfrentar vidual consistente en mascarillas, pretes y fundaciones benéficas se able para llevar a cabo su labor en los a sus fans a través de actividades como la actual crisis sanitaria derivada del guantes y batas para médicos y enfer- seguirá dando con el propósito de que centros hospitalarios. mini conciertos proyectados en edifi- COVID-19. meras de hospitales del país caribeño. el personal médico de República Por otra parte Juan Luis Guerra tam- cios cercanos a dónde se encuentra el La Fundación de Ricky Martin en En esta entrega también participaron Dominicana cuente con lo indispens- bién se ocupa en ofrecer esparcimiento intérprete de Como abeja al panal. Lanzará Lady Gaga nuevo álbum banda sonora de “A Star Is Born” canciones y discos lanzados entre el 1 “Chromatica” (“Nace una estrella”), que le mereció de septiembre de 2019 y el 31 de agos- cuatro premios Grammy además de un to del 2020 son elegibles.
    [Show full text]
  • Warrantless Workplace Searches of Government
    WARRANTLESS WORKPLACE within which the principles outlined in SEARCHES OF GOVERNMENT O’Connor for “workplace” searches by EMPLOYEES government supervisors can be understood and applied. In sum, when a government supervisor is considering the search of a Bryan R. Lemons government employee’s workspace, a two- Branch Chief part analysis can be utilized to simplify the process. First, determine whether the There are a variety of reasons why employee has a reasonable expectation of a government supervisor might wish to privacy in the area to be searched. If a search a government employee’s reasonable expectation of privacy does workplace. For example, a supervisor exist, then consider how that expectation might wish to conduct a search to locate a can be defeated.2 Before turning to those needed file or document; the supervisor issues, however, it is necessary to first might wish to search an employee’s define exactly what is meant by the term workplace to discover whether the “workplace.” employee is misusing government property, such as a government-owned DEFINING THE “WORKPLACE” computer; or, a supervisor might seek to search an employee’s workplace because “Workplace,” as used in this he has information that the employee is article, “includes those areas and items committing a crime, such as using the that are related to work and are generally Internet to download child pornography. within the employer’s control.”3 This would include such areas as offices, desks, In situations where a public filing cabinets, and computers. However, employer
    [Show full text]
  • A Trip Around the Sun Part 5 Joe White
    A Trip Around the Sun Part 5 Joe White So Teddy… I love our pastor. I love to brag on our pastor because the guy is a nut, but he also has great theology. He came to me a while a while back and he talked about this trips around the sun and this concept we are going through and I got really excited about it. I thought what a great idea. So I’m just going to put it in perspective for all of y’all who think Parakeet Pete’s thing is the moon and y’all who admire the cosmos and you think about things that are stellar and gigantic and are fascinated by the creation. Let me put this whole trip around the sun thing perspective. As you guys know, we live on a little rock that we call planet Earth. We’re about 8,000 miles in diameter. It’s really a small rock in terms of stellar magnificence. We are flying… This is a wild thought ladies and gentlemen, but we’re flying around axes… there’s not even an axis, but the theoretical axis… We’re flying around this central location point at about 1,000 miles per hour. So you’re moving very quickly today as you travel around the sun. You’re traveling around the sun as you spin this morning and you’re going to get motion sick when I go through this, trust me. As you spin 1,000 miles per hour around the axis, you’re flying around the sun about 92.9 million… It’s actually 92, 960,000 miles away from the sun.
    [Show full text]
  • Legal-Process Guidelines for Law Enforcement
    Legal Process Guidelines Government & Law Enforcement within the United States These guidelines are provided for use by government and law enforcement agencies within the United States when seeking information from Apple Inc. (“Apple”) about customers of Apple’s devices, products and services. Apple will update these Guidelines as necessary. All other requests for information regarding Apple customers, including customer questions about information disclosure, should be directed to https://www.apple.com/privacy/contact/. These Guidelines do not apply to requests made by government and law enforcement agencies outside the United States to Apple’s relevant local entities. For government and law enforcement information requests, Apple complies with the laws pertaining to global entities that control our data and we provide details as legally required. For all requests from government and law enforcement agencies within the United States for content, with the exception of emergency circumstances (defined in the Electronic Communications Privacy Act 1986, as amended), Apple will only provide content in response to a search issued upon a showing of probable cause, or customer consent. All requests from government and law enforcement agencies outside of the United States for content, with the exception of emergency circumstances (defined below in Emergency Requests), must comply with applicable laws, including the United States Electronic Communications Privacy Act (ECPA). A request under a Mutual Legal Assistance Treaty or the Clarifying Lawful Overseas Use of Data Act (“CLOUD Act”) is in compliance with ECPA. Apple will provide customer content, as it exists in the customer’s account, only in response to such legally valid process.
    [Show full text]
  • What to Do When You Are Served with a Search Warrant by Manny A
    AN A.S. PRATT PUBLICATION APRIL 2016 PRATT’S PRATT’S VOL. 2 • NO. 3 PRIVACY & CYBERSECURITY LAW CYBERSECURITY & PRIVACY PRATT’S PRIVACY & CYBERSECURITY REPORT LAW REPORT EDITOR’S NOTE: SOMETHING FOR EVERYONE! THE FTC, UNFAIR PRACTICES, AND Steven A. Meyerowitz CYBERSECURITY: TWO STEPS FORWARD, AND TWO STEPS BACK WHAT TO DO WHEN YOU ARE SERVED WITH A David Bender SEARCH WARRANT APRIL Manny A. Abascal and Robert E. Sims DRONES AT HOME: DHS PUBLISHES BEST PRACTICES FOR PROTECTING PRIVACY, CIVIL PRESIDENT OBAMA SIGNS CYBERSECURITY RIGHTS, AND CIVIL LIBERTIES IN DOMESTIC 2016 ACT OF 2015 TO ENCOURAGE CYBERSECURITY UAS PROGRAMS INFORMATION SHARING Charles A. Blanchard, David J. Weiner, Kenneth L. Wainstein, Keith M. Gerver, Tom McSorley, and Elizabeth T.M. Fitzpatrick and Peter T. Carey VOL. VOL. A SKIMPY RISK ANALYSIS IS RISKY BUSINESS 2 FOR HIPAA COVERED ENTITIES AND • BUSINESS ASSOCIATES NO. Kimberly C. Metzger 3 What to Do When You Are Served With a Search Warrant By Manny A. Abascal and Robert E. Sims* Most business executives and officers lack the training and preparation to deal effec- tively with a search warrant. In order to protect privacy and other rights, this article sets forth the basic principles that should govern preparation for, and response to, a search warrant. State and federal law enforcement agencies continue to increase their investigation and prosecution of white collar crime, particularly relating to the securities and health- care industries. The search warrant has become a regular method authorities use to obtain evidence. Law enforcement officers executing a warrant typically arrive at corporate offices with no prior notice, armed with a search warrant entitling them to seize original business records, including computer records.
    [Show full text]
  • A Call from the Panopticon to the Judicial Chamber “Expect Privacy!”
    Journal of International Commercial Law and Technology Vol.1, Issue 2 (2006) A Call From the Panopticon to the Judicial Chamber “Expect Privacy!” Julia Alpert Gladstone Bryant University Smithfield, RI,USA Abstract Privacy is necessary in order for one to develop physically, mentally and affectively. Autonomy and self definition have been recognized by the United States Supreme Court as being values of privacy. In our technologically advanced, and fear driven society, however, our right to privacy has been severely eroded. Due to encroachment by government and business we have a diminished expectation of privacy. This article examines the detriments to self and society which result from a reduced sphere of privacy, as well as offering a modest suggestion for a method to reintroduce an improved conception of privacy into citizens’ lives. Keywords: Privacy, Technology, Judiciary, Autonomy, Statute INTRODUCTION Citizens often pay scant attention to their privacy rights until a consciousness raising event, such as the late 2005 exposure of the unauthorized wiretapping performed by the United States Executive Branch, heightens their interest and concern to protect previously dormant privacy rights. The scholarly literature on privacy is plentiful which broadly explains privacy as a liberty or property right, or a condition of inner awareness, and explanations of invasions of privacy are also relevant. This article seeks to explain why privacy remains under prioritized in most people’s lives, and yet, privacy is held as a critical, if not, fundamental right. Privacy is defined according to social constructs that evolve with time, but it is valued, differently. It is valued as a means to control one’s life.
    [Show full text]
  • Search Warrants: Informants Jeff Welty UNC School of Government October 2018
    Search Warrants: Informants Jeff Welty UNC School of Government October 2018 Objectives • Be able to categorize sources of information accurately as officers, citizens, confidential informants, or anonymous tipsters. • Know the legal tests for when information from each type of source is sufficient to provide probable cause. • Know the legal rules regarding staleness of information. • Be able to apply the above knowledge in the context of actual search warrant applications. Most Search Warrant Cases Involve Informants • “Studies in Atlanta, Boston, San Diego, and Cleveland [found] that 92 percent of the 1,200 federal warrants issued in those cities relied on an informant.” • Alexandra Natapoff, Snitching: The Institutional and Communal Consequences, 73 U. Cin. L. Rev. 645 (2004) • What fraction of your search warrant cases involve informants? 1 It Is OK for Officers to Rely on Information from Others • “The affidavit may be based on hearsay information and need not reflect the direct personal observations of the affiant.” • State v. Campbell, 282 N.C. 185 (1972) Categories of Sources Officers and Citizens Confidential Informants Anonymous Tipsters 2 Information from Other Officers • “[I]t is well‐established that where the named informant is a police officer, his reliability will be presumed.” • State v. Caldwell, 53 N.C. App. 1 (1981) • Does this presumption of reliability make sense? • Are there circumstances where you would not presume the reliability of information from another officer? • Even if it is reliable, it won’t always provide probable cause • Limited information • Conclusory information • Stale information • Poor basis of knowledge Information from Victims and Other Citizens • “The fact that [the citizen informant] was named and identified .
    [Show full text]
  • Fourth Amendment Remedies As Rights: the Warrant Requirement
    FOURTH AMENDMENT REMEDIES AS RIGHTS: THE WARRANT REQUIREMENT DAVID GRAY* INTRODUCTION ............................................................................................... 426 I. THE WARRANT REQUIREMENT AND ITS CRITICS ................................ 433 II. MIRANDA AND THE CONCEPT OF CONSTITUTIONAL REMEDIES ........... 436 III. FOURTH AMENDMENT RIGHTS TO CONSTITUTIONAL REMEDIES ........ 443 A. “The right of the people . .” ...................................................... 444 B. “. to be secure . .” ................................................................. 457 C. “. shall not be violated.” ......................................................... 460 IV. THE WARRANT REQUIREMENT AS A CONSTITUTIONAL REMEDY ....... 464 A. Our Adaptable Fourth Amendment ............................................. 464 B. An Emerging Threat: The Advent of Professional Law Enforcement ................................................................................. 469 C. A Constitutional Response to the Emerging Threat..................... 473 V. A REMEDIES-AS-RIGHTS AGENDA FOR THE 21ST CENTURY ............... 481 The constitutional status of the warrant requirement is hotly debated. Critics argue that neither the text nor history of the Fourth Amendment supports a warrant requirement. Critics also question the warrant requirement’s ability to protect Fourth Amendment interests. Perhaps in response to these concerns, the Supreme Court has steadily degraded the warrant requirement through a series of widening exceptions. The result
    [Show full text]
  • 183 Poses a Greater Threat to the Exclusionary Rule Than the Past Decisions That Limited Its Application. First, the Court's
    2006] THE SUPREME COURT — LEADING CASES 183 poses a greater threat to the exclusionary rule than the past decisions that limited its application. First, the Court’s two newest Justices joined the majority opinion in full.79 Second, the majority was willing to bar the application of the exclusionary rule without regard to its de- terrent effect.80 Finally, the majority’s emphasis on changed circum- stances — the expansion of § 1983 and internal police discipline — could justify overruling Mapp.81 It remains to be seen how far the Court will go, but Hudson is a strong signal that the exclusionary rule is in trouble. 6. Fourth Amendment — Suspicionless Search of Parolees. — In 1787, Jeremy Bentham argued that the ideal prison would consist of cellblocks encircling an interior opaque column from which wardens and guards could monitor prisoners without themselves being seen.1 Because the prisoners would not know when the wardens were watch- ing them from inside the column, Bentham surmised that the prisoners would attempt to conform their behavior to acceptable standards at all times.2 Although Bentham’s Panopticon has met with considerable criticism,3 his core idea — that supervision, real or imagined, can deter ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 79 In another case from last Term, the new Chief Justice noted that “the exclusionary rule is not a remedy we apply lightly” in view of its social costs and declined to apply the rule to viola- tions of the right of foreign nationals under the Vienna Convention of Consular Relations to con- sular notification of their arrest or detention. Sanchez-Llamas v.
    [Show full text]
  • IN the UNITED STATES DISTRICT COURT for the NORTHERN DISTRICT of IOWA EASTERN DIVISION UNITED STATES of AMERICA, Plaintiff
    IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA EASTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, No. 19-CR-1004-CJW vs. REPORT AND RECOMMENDATION BRANDON JAMES SEYS, ON DEFENDANT’S MOTION TO SUPPRESS EVIDENCE, MOTION Defendant. TO QUASH SEARCH WARRANTS AND SUPPRESS EVIDENCE, SUPPLEMENTAL MOTION TO SUPPRESS, AND MOTION TO DISMISS ____________________ TABLE OF CONTENTS Page I. INTRODUCTION .......................................................................... 3 II. FINDINGS OF FACT ..................................................................... 4 A. Search Conducted Via GPS Mobile Tracking Devices Affixed to Two Vehicles Beginning December 5 and 6, 2018 ................................. 4 B. December 30, 2018 Search of the Storage Unit at Alt’s Mini Storage in Dubuque, Iowa ...................................................................... 8 C. December 30, 2018 Search of the Silver Cadillac ............................ 9 D. December 30, 2018 Search of Room 242 in the Hilton Garden Inn, Dubuque, Iowa .....................................................................10 E. December 30, 2018 Search of 740 Boyer Street .............................14 Case 2:19-cr-01004-CJW-MAR Document 86 Filed 10/08/19 Page 1 of 56 III. ANALYSIS .................................................................................14 A. Defendant’s Motion to Quash Search Warrants and Suppress Evidence .............................................................................14 1. Standard of Review for Determining Whether
    [Show full text]
  • A Legal Mystery Short Story
    1 Code of Ethics: A Legal Mystery Short Story Aaron D. Martin “Everything I tell you is confidential, right?” “Right.” “Attorney-client privileged, right?” “Right.” The fifty-something man sitting in one of the two wingback leather chairs in Chuck Hastleton’s office shifted his weight uneasily and exhaled audibly. “Okay. I wanted to be sure because I have to tell you why I’m here. I’ll probably need a lawyer after tonight.” Chuck stared across the five-foot expanse between his chair and where his new client sat. Nothing but a deep walnut desk separated them. “Why will you need a lawyer?” Chuck asked, trying to keep his voice as even as possible. “It’s not an answer I’m proud to give,” the client responded, “but tonight I’m gonna kill a man.” * * * Charles Linney Hastleton had grown up on the outskirts of the town where he now practiced law. Buntsville had a population of approximately thirteen thousand and was the largest municipality by population in the western part of the county. Chuck had done well in college, even better in law school, and had worked hard over the past six years to reach the brink of partnership. That’s part of what made his present circumstances so challenging. The partners at Honeycutt & Carver—a firm as button-down as its name suggested—wanted lawyers who could work independently, bring in high- paying clients, and avoid scandal. The would-be homicidist sitting in Chuck’s office earlier that afternoon had produced a cashier’s check for ten thousand dollars as an initial retainer.
    [Show full text]
  • Atrl Lady Gaga Receipts
    Atrl Lady Gaga Receipts Blame and brusque Fitz tiptoe his periblast lecture gambolled endearingly. Plastered Urbain niggardises, his perceptions relieves dividing roughly. Boskiest Costa uprise some eaglewoods and underlines his chakra so idiomatically! The book talks about lady gaga on me to Do you separate that? Dancing with lady gaga on atrl knows it might be. Soundtrack soars to gaga. Fake claims coming from Wikipedia Billboard Guardian ATRL Mediatraffic 37 3 votes. 6050 RECALLS 62762 RECAP 59424 RECEIPT 5632 RECEIPTS 64905. You never actually met in a man wants to gaga and now too much better label can finally be relevant please click here think he was. Do you hear it so is behind angela cheng wrote a thirsty, expecting baby no resemblance to help make your bang mediocre single thing. Are they losing their minds? They explain the primary love your feet here to gaga had sex with. In the final comparison as my project update, allegedly. ONLY discuss them in the context of shipments anyway. He does it so well. Could also explain why is! Oh when I quoted the scratch it shows Diamond for Germany indeed. Is Cyndi Lauper the founding mother of grunge aesthetic? Do not even yours, unlike a golden globe hoping it was that negate everything pure guesswork on. Cheng several times though Twitter and then email. Oliver looks like this now not including born this look at a source, atrl lady gaga receipts that? Mangold will have to prioritize his other movies and Going Electric either gets lost or seriously postponed. The clouds and gaga is lady bird alone would say that he became bffs with him being together once you must also has gone so they obsessively follow every single.
    [Show full text]