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  • Manafort Jury

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    Jury selection in white-collar cases is always challenging as class biases and life experiences all too often taint potential jurors’ view of the defendant.  Throw in a very public persona and widespread media coverage, and the task of finding 12 people, plus alternates, who can keep an open mind will be a monumentally high hurdle for the Manafort defense.  And, it appears they will have to do it twice as the former Trump campaign chairman will be tried...

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  • Bye Bye Frye

    In its October 20, 2016 decision in Motorola, Inc. v. Murray, 2016 WL 6134870 (D.C. Cir. Oct. 20, 2016), the DC Court of Appeals adopted the almost unanimously followed Daubert standard regarding the admissibility of expert testimony.  In fact, all but seven states have adopted Daubert over Frye – the late adopters are New York, Illinois, California, Maryland, New Jersey, Pennsylvania and Washington – and I suspect that the pressure for them to adopt Daubert and abandon Frye will only increase and lead to a single standard.

    The Frye...

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  • Earlier this week the US Securities & Exchange Commission released its 2014 Annual Report to Congress on the Dodd-Frank Whistleblower Program.  You can access the report at  Highlights of the report include:

    A steady rise in the number of whistleblower tips per year – 334 in FY2011, 3,001 in FY2012, 3,328 in FY2013 and 3,620 in FY2014 Its first anti-retaliation case brought on June 16, 2014 against Paradigm Capital Management resulting in a $2.2MM settlement Corporate Disclosures & Financials, Offering...

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  • In a recent, unanimous SCOTUS opinion (Riley v. California) the justices ruled that the police must obtain a warrant to search information on a suspect’s cell phone.  With this opinion, the Supreme Court took a big step toward protecting the 4th Amendment and a small step into the 21st century…well, sort of.  Essentially, the opinion, written by Chief Justice John Roberts, distinguishes between cell phones and typical pocket fare like cigarettes, wallets, knives and loose change.  Quoting Chief Justice Roberts – “Cell phones differ in both a...

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