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DEATH PENALTY 

Published: June 29, 2010
Tags: ineffective assistance of counsel

A state court improperly weighed whether a kidnapping defendant was denied the effective assistance of counsel in the death penalty phase of his trial.

INTELLECTUAL PROPERTY 

Published: June 28, 2010
Tags: intellectual property, patent

Businessmen could not seek a patent on an investment strategy that purported to show energy market investors how to hedge against the risk of price changes.

SECOND AMENDMENT 

Published: June 28, 2010
Tags: D.C. v. Heller, fourteenth amendment, handgun ban, Second Amendment, self-defense

The Second Amendment right to keep and bear arms for the purpose of self defense applies to states and local municipalities through the Fourteenth Amendment.

SECURITIES REGULATION 

Published: June 28, 2010
Tags: Sarbanes-Oxley, securities law

A portion of the Sarbanes-Oxley Act violates the Constitution’s Appointments Clause because it limits the president’s ability to remove members of the Public Company Accounting Oversight Board.

U.S. Supreme Court. Free Enterprise Fund v. Public Company Accounting Oversight Bd., No. 08-861.  June 28, 2010. Lawyers USA No. 993-2056.

FIRST AMENDMENT 

Published: June 28, 2010
Tags: First Amendment, Supreme Court

A school policy requiring student groups to accept members that do not share the organization’s core beliefs about religion and sexual orientation does not violate group members’ First Amendment rights.

See “Court rules on school non-discrimination policy”

U.S. Supreme Court. Christian Legal Society v. Martinez, No. 08-1394.  June 28, 2010. Lawyers USA No. 993-2055.

FIRST AMENDMENT 

Published: June 25, 2010
Tags: First Amendment

The public disclosure of the names and addresses of those who signed a referendum petition does not violate their First Amendment rights.

See “Release of referendum information doesn’t violate First Amendment.”

U.S. Supreme Court. Doe v. Reed, No. 09-559. June 24, 2010. Lawyers USA No. 993-2050.

ARBITRATION 

Published: June 24, 2010
Tags: arbitration

An outside party to a collective bargaining agreement can’t be sued in court for tortious interference - a mandatory arbitration clause in the contract does not apply.

CRIMINAL FRAUD 

Published: June 24, 2010
Tags: honest services fraud, Supreme Court

Jury instructions in an “honest services” criminal fraud statute were erroneous in light of Skilling v. U.S.

See “Court limits ‘honest services fraud”

U.S. Supreme Court. Black v. U.S., No. 08-876.  June 24, 2010. Lawyers USA No. 993-2043.

CRIMINAL FRAUD 

Published: June 24, 2010
Tags: honest services fraud, Supreme Court

An “honest services” criminal fraud case involving a public official is reversed and remanded as erroneous in light of Skilling v. U.S.

See “Court limits ‘honest services fraud”

U.S. Supreme Court. Weyhrauch v. U.S., No. 08-1196.  June 24, 2010. Lawyers USA No. 993-2042.

CRIMINAL FRAUD 

Published: June 24, 2010
Tags: honest services fraud, Supreme Court

The “honest services” criminal fraud statute applies only to cases involving bribery and kickbacks.

See “Court limits ‘honest services fraud”

U.S. Supreme Court. Skilling v. U.S., No. 08-1394.  June 24, 2010. Lawyers USA No. 993-2041.