Partner Eric R. Breslin, in Newark, discusses the uptick in the Fourth Amendment search and seizure and ancillary privacy litigation in the last few years in the New Jersey courts. In just April and May 2015, the state Supreme Court issued two significant opinions that would impact both the Fourth Amendment and proper admission into evidence of monitored telephone calls from State of New Jersey v. Ricky Wright and State of New Jersey v. Kingkamau Nantambu. Even through a quick look at the court’s docket for the upcoming term has shown even more decisions coming.
To read the full text of the article, please visit the Duane Morris website.
The need for better cybersecurity, along with the responsibility to safeguard client and firm information from the risk of loss from cyberattack, has been the focus of considerable discussion by law firms for the past four years. While some law firms have recently awakened to this key issue, significant further work needs to be undertaken. Let’s look at the progress (or lack thereof) of law firm security over this four-year period — and four ways firms could improve both the speed and effectiveness of their cybersecurity going forward.
To read the full version of the article written by Duane Morris partner Joseph M. Burton, please visit the Law Practice Today website.
Eric Breslin, a partner with law firm Duane Morris LLP, has been appointed to the New Jersey Supreme Court Criminal Practice Committee. Breslin, a litigator in the firm’s Newark office, will serve on the committee through August 2015.
The Criminal Practice Committee reviews cases and issues referred to it by the state Supreme Court and makes recommendations regarding revisions and amendments to the New Jersey Rules Governing Criminal Practice. The rules dictate practice and procedure in all criminal proceedings in the state’s courts, including the municipal courts.
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Duane Morris partner Mauro M. Wolfe has been named to the Council of Urban Professionals’ second annual list of CUP Catalysts: Change Agents 2013 | Law. The list highlights and celebrates the accomplishments of diverse leaders across the legal sector who have achieved extraordinary success in business and have made a significant impact on their community. These individuals will be recognized at CUP’s 4th Annual Lawyers Forum on October 29, 2013.
The CUP Catalysts: Change Agents 2013 | Law list comprises 15 legal professionals, between the ages of 35-50, who serve at senior levels of organizations, and who have been nominated by their colleagues and peers. For the full list of CUP Catalysts in Law, visit the Council of Urban Professionals’ website.
Duane Morris partner Eric R. Breslin will speak at the American Conference Institute’s 3rd National Forum on Securities: Litigation and Enforcement. The conference will be held on February 27, 2014 at the Grand Hyatt Washington Hotel.
ACI’s 3rd National Advanced Forum on Securities Litigation and Enforcement, is the only event in the industry where experienced in-house counsel, leading litigators, renowned jurists, and regulatory and enforcement officials from federal and state agencies will assemble in our nation’s capital to provide the highest level insights on the most current developments in the field.
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Both civil and criminal agencies charged with enforcing U.S. laws have turned increasingly to broad based use of “asset freeze orders.” Legal counsel and their clients should understand the issue, particularly as there is a split in the Circuits and the Supreme Court has not yet addressed the issue. On June 19, 2013, the U.S. Court of Appeals for the Second Circuit issued an opinion “clarifying” its 1991 decision in U.S. v. Monsanto, where it held that a (criminal) defendant who wishes to use frozen funds for their defense is entitled to a pretrial hearing to determine whether there is probable cause to believe the defendant committed the crimes that formed the basis for the forfeiture and whether the funds are forfeitable. In U.S. v. Bonventre, the Second Circuit ruled that a defendant must first make a “threshold showing” that a Monsanto hearing is warranted.
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In a development which took some by surprise, on 9 October 2012, the UK’s Serious Fraud Office (SFO) issued new policies under the Bribery Act 2010, which could change the way some companies do business. The SFO is the UK independent government agency that investigates and prosecutes serious or complex fraud, as well as corruption. Its powers are similar in some respects to those of the U.S. Securities and Exchange Commission and U.S. Department of Justice. The new policies are related to facilitation payments, business expenditure (hospitality) and corporate self-reporting. The announcement is meant to revise existing SFO pronouncements on the enforcement of the Bribery Act 2010, which took effect on 1 July 2011. Given the new Act’s tough penalties and the apparent ambiguity surrounding the consequences of self-disclosure, businesses may want to take extra care to comply with its provisions. Accordingly, businesses should consider seeking the advice of legal counsel in navigating this statute and its attendant revisions.
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