This document summarizes a court case, Pfleiderer AG v. Bundeskartellamt, and its implications for obtaining antitrust evidence from European Commission investigations. The European Court of Justice in Pfleiderer ruled that EU competition laws do not preclude granting access to leniency documents to parties seeking damages from antitrust violations. This decision provides an opening for US antitrust plaintiffs to obtain records from EC investigations, as US courts may rebalance their analysis of international comity in such cases. The Pfleiderer ruling also appears to be influencing decisions in national courts within Europe.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Judgment of Infringement Entered as Sanction
• Patent Exhaustion Does Not Apply to Harvested Seeds
• Judges Disagree on § 101 Standards
• Litigation Is Not a Domestic Industry
Owens, 12 Suffolk J. Trial & App. Advoc. 177 (2007)Jason V. Owens
This document summarizes a law review article about the application of the doctrine of attenuation to cases involving illegal eavesdropping by private citizens. The doctrine of attenuation allows for evidence to be admitted despite illegal conduct if the connection between the misconduct and evidence is sufficiently remote. Courts have applied attenuation in cases where private citizens illegally eavesdrop and then tip off police. However, the Supreme Court's attenuation cases focus on police misconduct, raising questions about applying it to cases without misconduct. The article argues attenuation can appropriately apply if police do not exploit the illegally intercepted communication during their investigation. It maintains the Massachusetts Supreme Court correctly applied attenuation but the Maryland Court of Appeals did not.
This document summarizes a law review article that examines differing interpretations among circuit courts of the mens rea (mental state) requirement for conviction under 21 U.S.C. § 841, which criminalizes possession or distribution of chemicals knowing or having reasonable cause to believe they will be used to make controlled substances. Most circuits require the prosecution to prove the defendant had reasonable cause to believe this would occur, using an objective standard, while the 10th Circuit requires proving actual knowledge, a subjective standard. The author explores the debate between objective and subjective mens rea standards.
Knobbe Martens Partner Mauricio Uribe recently wrote "The Effect of Microsoft v. Motorola" for Bloomberg BNA's Patent, Trademark & Copyright Journal. Uribe discusses how Judge James L. Robart’s framework for determining a royalty rate for infringement of a standard essential patent ‘‘is now on the cusp of changing the patent litigation landscape.’’
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this issue:
Evidence of Deliberate Decision to Withhold Reference Required for Inequitable Conduct
Licensee Bears Burden of Proving Non-Infringemet in Some Circumstances
No Inequitable Conduct for Failure to Disclose Litigation Involving Parent of Application
Mere Possibility of Allegedly Infringing Activity Insufficient for Declaratory Judgment Jurisdiction
Doctrine of Equivalents Is Available for “Substantially All” Limitation
Court Finds Broadest Reasonable Interpretation of Claim Unreasonable
World Intellectual Property Organization (WIPO), Standing Committee on the Law of Patents (SCP) 14th Session, January 25-29, 2010 (Geneva, Switzerland)
This document provides background on the void-for-vagueness doctrine, prosecutorial discretion, and equal protection as they relate to a recent Ohio Supreme Court case, In re D.B. It discusses that laws can be unconstitutionally vague if they fail to provide clear guidelines to allow ordinary people to understand what conduct is prohibited or if they authorize arbitrary enforcement. Prosecutors have broad discretion in charging decisions as long as they are not based on impermissible classifications like race or religion. The document then analyzes In re D.B., finding that while the court correctly overturned the conviction on substantive due process grounds, it erred in also finding an equal protection violation, as prosecutors have discretion to charge similarly situated individuals differently.
2001-07-09 Declatory Judgements in Patent CasesLawrence Kass
The document summarizes the evolving test used by the Federal Circuit Court to determine personal jurisdiction in declaratory judgment patent cases. The Federal Circuit applies a three-part test: 1) whether the patentee purposefully directed activities at forum residents, 2) whether the claim arises from or relates to those activities, and 3) whether exercising jurisdiction would be constitutionally unreasonable. Sending a cease-and-desist letter alone is insufficient contact, but adding an exclusive license with a forum resident satisfies the test. The test balances a patentee's ability to enforce patents against subjecting them to distant forums.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Judgment of Infringement Entered as Sanction
• Patent Exhaustion Does Not Apply to Harvested Seeds
• Judges Disagree on § 101 Standards
• Litigation Is Not a Domestic Industry
Owens, 12 Suffolk J. Trial & App. Advoc. 177 (2007)Jason V. Owens
This document summarizes a law review article about the application of the doctrine of attenuation to cases involving illegal eavesdropping by private citizens. The doctrine of attenuation allows for evidence to be admitted despite illegal conduct if the connection between the misconduct and evidence is sufficiently remote. Courts have applied attenuation in cases where private citizens illegally eavesdrop and then tip off police. However, the Supreme Court's attenuation cases focus on police misconduct, raising questions about applying it to cases without misconduct. The article argues attenuation can appropriately apply if police do not exploit the illegally intercepted communication during their investigation. It maintains the Massachusetts Supreme Court correctly applied attenuation but the Maryland Court of Appeals did not.
This document summarizes a law review article that examines differing interpretations among circuit courts of the mens rea (mental state) requirement for conviction under 21 U.S.C. § 841, which criminalizes possession or distribution of chemicals knowing or having reasonable cause to believe they will be used to make controlled substances. Most circuits require the prosecution to prove the defendant had reasonable cause to believe this would occur, using an objective standard, while the 10th Circuit requires proving actual knowledge, a subjective standard. The author explores the debate between objective and subjective mens rea standards.
Knobbe Martens Partner Mauricio Uribe recently wrote "The Effect of Microsoft v. Motorola" for Bloomberg BNA's Patent, Trademark & Copyright Journal. Uribe discusses how Judge James L. Robart’s framework for determining a royalty rate for infringement of a standard essential patent ‘‘is now on the cusp of changing the patent litigation landscape.’’
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this issue:
Evidence of Deliberate Decision to Withhold Reference Required for Inequitable Conduct
Licensee Bears Burden of Proving Non-Infringemet in Some Circumstances
No Inequitable Conduct for Failure to Disclose Litigation Involving Parent of Application
Mere Possibility of Allegedly Infringing Activity Insufficient for Declaratory Judgment Jurisdiction
Doctrine of Equivalents Is Available for “Substantially All” Limitation
Court Finds Broadest Reasonable Interpretation of Claim Unreasonable
World Intellectual Property Organization (WIPO), Standing Committee on the Law of Patents (SCP) 14th Session, January 25-29, 2010 (Geneva, Switzerland)
This document provides background on the void-for-vagueness doctrine, prosecutorial discretion, and equal protection as they relate to a recent Ohio Supreme Court case, In re D.B. It discusses that laws can be unconstitutionally vague if they fail to provide clear guidelines to allow ordinary people to understand what conduct is prohibited or if they authorize arbitrary enforcement. Prosecutors have broad discretion in charging decisions as long as they are not based on impermissible classifications like race or religion. The document then analyzes In re D.B., finding that while the court correctly overturned the conviction on substantive due process grounds, it erred in also finding an equal protection violation, as prosecutors have discretion to charge similarly situated individuals differently.
2001-07-09 Declatory Judgements in Patent CasesLawrence Kass
The document summarizes the evolving test used by the Federal Circuit Court to determine personal jurisdiction in declaratory judgment patent cases. The Federal Circuit applies a three-part test: 1) whether the patentee purposefully directed activities at forum residents, 2) whether the claim arises from or relates to those activities, and 3) whether exercising jurisdiction would be constitutionally unreasonable. Sending a cease-and-desist letter alone is insufficient contact, but adding an exclusive license with a forum resident satisfies the test. The test balances a patentee's ability to enforce patents against subjecting them to distant forums.
FTC Takes Drug-Patent 'Reverse Payments' to High Court, by Lawrence T. KassLawrence Kass
The Federal Trade Commission has petitioned the Supreme Court to review a decision by the Eleventh Circuit Court regarding "reverse payment" settlements between brand-name and generic drug companies. The FTC argues these settlements restrain competition by delaying generic entry. However, the Eleventh Circuit ruled that such settlements must consider the strength and exclusionary power of the brand's patent and the benefits of settlement. If the Supreme Court takes the case, it could resolve differing approaches among circuits on the antitrust treatment of such agreements.
C H A P T E R 11The Trial Process[T]here are principles.docxRAHUL126667
C H A P T E R 11
The Trial Process
[T]here are principles of liberty and justice, lying at the foundation of our civil and political
institutions, which no State can violate consistently with that due process of law required
by the Fourteenth Amendment in proceedings involving life, liberty, or property.
—JUSTICE JOHN MARSHALL HARLAN I, dissenting, Hurtado v. California, 110 U.S. 516, 546 (1884)
479
CHAPTER OUTLINE
THE IDEAL OF THE FAIR TRIAL
Comparing Adversarial and Inquisitorial Trials
Steps in the Jury Trial
IMPORTANT CONSTITUTIONAL TRIAL
RIGHTS
The Right to Be Present
The Appearance of Fairness
Subpoena: The Right to Compulsory Process
Due Process and Access to Evidence
Right to Silence
Confrontation, Hearsay, and Cross-examination
Presumption of Innocence and Proof beyond a
Reasonable Doubt
THE JURY
Constitutional Requirements
Selecting an Unbiased Jury
Voir Dire and Fairness
LAW IN SOCIETY: JURY TRIALS AND
WRONGFUL CONVICTIONS
Convicting the Innocent
Why Trials Do Not Stop Wrongful Convictions
The Adversary Trial
SUMMARY
LEGAL PUZZLES
JUSTICES OF THE SUPREME COURT: THE
TWENTY-FIRST-CENTURY COURT: SOUTER,
THOMAS, GINSBURG, BREYER, ROBERTS,
AND ALITO
David H. Souter
Clarence Thomas
Ruth Bader Ginsburg
Stephen G. Breyer
John G. Roberts Jr.
KEY TERMS
abuse of discretion
accusatorial trial
adversarial trial
adverse comment
bench trial
challenge for cause
character witness
compulsory process
Confrontation Clause
cross-examination
direct examination
dossier
dying declaration
expert witness
hearsay
hung jury
in camera
inquisitorial trial
invidious discrimination
jury deliberation
jury pool
jury trial
“key man” method
master jury list
peremptory challenge
petty crime
presumption of innocence
prima facie case
reasonable doubt
representative cross section
secret informants
venire
verdict
voir dire
waiver trial
Samuel A. Alito Jr.
M11_ZALM7613_06_SE_CH11.QXD 1/11/10 5:35 PM Page 479
R
O
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,
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N
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2
7
B
U
THE IDEAL OF THE FAIR TRIAL
All cultures develop methods to ascertain the guilt of those accused of serious norm violations or
crimes. Even if offenders are caught “red-handed,” there is a human tendency to conduct formal
processes for declaring guilt. The trial therefore has two functions: first, to determine a suspect’s
guilt in a practical and efficient manner, and second, to provide a formal setting that solemnizes
the conclusion that this person is guilty and must be punished. The jury trial performs these
functions in the Anglo-American legal tradition.1 Trial by jury was not legislated into being all at
once as the best method to resolve criminal cases. Rather, it evolved over centuries in England.
As a result many have argued that it is not the most efficient or effective method of separating the
guilty from the innocent. Nevertheless, it is embedded in American culture and is guaranteed by
Article III and by the Sixth and Seventh Amendments of the U.S. Constitution, as well as ...
The document discusses how the U.S. patent system has struggled to balance patent rights and preventing abuse. Recent legislation and court rulings aimed to curb frivolous lawsuits led to concerns the system favored accused infringers over patent owners. However, new court decisions indicate the pendulum may be shifting back toward balance, finding the right amount of power for both patent owners and accused infringers.
This document summarizes a panel discussion on the legal and practical challenges of cross-border e-discovery disputes. It outlines differences between American-style discovery rules and foreign frameworks like the EU Data Protection Directive. The Hague Convention provides an alternative but courts often disregard it. Blocking statutes criminalize sharing information with foreign authorities. Practical considerations include assessing safety, conducting interviews abroad, choosing data processing tools, reviewing foreign documents, and controlling costs. Organizations must coordinate legal, IT, and compliance functions on data policies, records management, and audits.
This document discusses laws governing electronic data and seizure, including key cases like Zubulake v. USB Warburg and US v. Arthur Andersen. It covers topics like data preservation duties arising from litigation, sanctions for spoliation of evidence, the Sarbanes-Oxley Act increasing document retention requirements, HIPAA privacy rules, the Stored Communications Act, and the importance of meet and confer requirements under the FRCP for electronic discovery. Key takeaways include parties having a duty to preserve relevant evidence once litigation is reasonably foreseeable and place it under a litigation hold, as well as the need to identify relevant data sources, systems and key players early in the discovery process.
REPUBLIC OF LITHUANIA LAW ON THE APPROVAL AND ENTRY INTO FORCE OF THE CRIMINA...authors boards
Article 1. Approval of the Criminal Code of the Republic of Lithuania
The Seimas hereby approves the Criminal Code of the Republic of Lithuania.
Article 2. Entry into Force of the Criminal Code of the Republic of Lithuania
1. The Criminal Code of the Republic of Lithuania shall enter into force concurrently and solely upon co-ordination with the new Code of Criminal Procedure of the Republic of Lithuania and the Penal Code of the Republic of Lithuania.
2. A specific date of the entry into force of all the codes as indicated in paragraph 1 of this Article shall be set by a separate law.
Article 3. Procedure for Implementing the Criminal Code of the Republic of Lithuania
A procedure for implementing the Criminal Code of the Republic of Lithuania shall be laid down by a separate law.
How to Make International Commercial Arbitration Proceedings more Efficient -...Dr. Anton G. Maurer, LL.M.
the lecture held at KAA in Seoul, Korea, describes ways and means how arbitral tribunal and the parties can use party autonomy to make arbitration proceedings quicker and less costly.
Article 6 of the European Convention on Human Rights provides the right to a fair trial in both civil and criminal cases. It guarantees the right to an independent and impartial tribunal, a public hearing within a reasonable time, and the presumption of innocence. Additional rights in criminal cases include being informed of charges, adequate time to prepare a defense, legal representation, examining witnesses, and an interpreter if needed. However, the right to a fair trial is not absolute, and closed hearings may be allowed for national security or privacy reasons. The document discusses how the use of closed materials, treatment of children in courts, and cuts to legal aid may compromise the right to a fair trial in some instances.
Computer search warrants are common during criminal investigations. Computer forensic software retrieves data for use in prosecution while counter-forensic software and encryption is used to obliterate and secure information. Darren Chaker of Las Vegas posts this material to help people understand the focus of search warrants.
Analysis of Judicial Misconduct by Identifying Motive and Strategy to Expose it. The growing number of litigants outraged by their experience of judicial bias and abuse of power, most obvious in bankruptcy, probate, real estate, landlord, and family cases, will find useful an analysis of why judges engage in misconduct. That analysis identifies a motive and, more importantly, leads to the fashioning of a strategy to deal with the underlying problem.
This document summarizes key aspects of litigation and the legal system in the UK. It describes barristers as specialist advocates who represent clients in higher courts, arbitrations, and alternative dispute resolution. It outlines the UK legal system, including the different courts that handle civil and criminal cases and the appellate courts. It also discusses pre-action protocols, jurisdictional issues, enforcing judgments, expert witnesses, costs reforms, and the popularity of the common law system.
This document summarizes cartel enforcement in the United States. It discusses that the US remains uniquely aggressive in prosecuting cartels criminally through imprisonment, fines, and private damages suits. The DOJ plays the primary role in detecting cartels and establishing their existence in court, while private parties can establish the full scope of injury. Individuals can face up to 10 years in prison and $1m fines, while corporations face fines of $100m or double damages. Recent years have seen record fines collected and increased international cooperation in prosecutions. Most enforcement still targets price-fixing in industries like auto parts, air transportation, and chemicals.
Tribunals have advantages over courts like being less expensive and more accessible. Natural justice requires fair procedures that respect participants and allow them to represent themselves. Reasons for decisions are important so people understand the reasoning and can seek reviews if needed. To avoid bias, decision-makers should not comment publicly on cases and consider if a reasonable observer would think their impartiality was affected by past associations or conduct. Context is also important in assessing potential bias.
The document discusses a Supreme Court case, Navarette v. California, that lowered the bar for police to conduct traffic stops based on anonymous tips about impaired driving. This has caused significant confusion in lower courts as they try to apply the new rule. The document provides background on previous cases establishing reasonable suspicion standards for stops based on anonymous tips. It then analyzes issues lower courts are having applying Navarette and the unanswered questions it leaves, showing the need for clarification from the Supreme Court.
This paper is about fact-finding procedures in Chinese criminal trials. It traces general rules setting out fact-finding procedures, and describes the roles that various legal actors that should play to ensure that they are followed properly. It will further examine how Chinese law balances the duty to determine the truth and the principle of protecting individual rights from potential infringements in criminal cases. Based on the conflicts between truth-seeking and human rights protection, this paper will conclude by discussing limitations in Chinese fact-finding procedures and will suggest how they can be mended.
Kiobel: Major U.S. Jurisdictional Limitation for Overseas ActionsPatton Boggs LLP
The Supreme Court issued a decision in Kiobel v. Royal Dutch Petroleum Co. that places major limitations on using the Alien Tort Statute to sue foreign defendants in U.S. courts for acts occurring outside U.S. territory. A majority of justices based the decision on a presumption against extraterritorial application of U.S. law to protect foreign relations. However, some justices left open the possibility that certain cases involving distinct U.S. interests could still be brought under the ATS. The decision significantly limits but does not completely bar ATS lawsuits over conduct abroad.
090319 EXCERPT From International Criminal Court's 09-2003 Paper On Some Poli...VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
We publish information as this as we will move to determine what Roles (if any) of COMPLICITY the International Criminal Court and its Prosecutors may be playing the the USA's Nazis/Zionists' TERRORIST Activities in their efforts to bring about the ENFORCEMENT of Adolf Hitler's "WORLD Order" presently known as the "NEW World Order!"
1. The document summarizes a discussion on the UK House of Lords decision in the Jones v. Saudi Arabia case regarding state immunity.
2. The Lords upheld state immunity and immunity for individual state officials for torture committed outside the UK, finding no conflict between immunity rules and international rules prohibiting torture.
3. The Lords rejected arguments that universal civil jurisdiction over torture is required by international law in the same way as universal criminal jurisdiction.
You are invited to a complimentary Sports Law CLE on June 6 in Minneapolis MN. Representatives from all local teams will discuss current topics in sports law. You can RSVP through the link. Space is extremely limited.
Sports Law for Rookies and Veterans March 5, 2015Steven Silton
This document outlines the schedule and speakers for a one-day sports law seminar. It includes sessions on the NCAA and amateurism, the view from sports front offices, off-field conduct and discipline, sports media and broadcasting rights, IP issues in sports, concussion issues, and hardball negotiations in the NFL. Keynote speakers include the president of the NFLPA. The event runs from 7:45am to 5:15pm and includes breakfast, lunch, and breakout concurrent sessions.
FTC Takes Drug-Patent 'Reverse Payments' to High Court, by Lawrence T. KassLawrence Kass
The Federal Trade Commission has petitioned the Supreme Court to review a decision by the Eleventh Circuit Court regarding "reverse payment" settlements between brand-name and generic drug companies. The FTC argues these settlements restrain competition by delaying generic entry. However, the Eleventh Circuit ruled that such settlements must consider the strength and exclusionary power of the brand's patent and the benefits of settlement. If the Supreme Court takes the case, it could resolve differing approaches among circuits on the antitrust treatment of such agreements.
C H A P T E R 11The Trial Process[T]here are principles.docxRAHUL126667
C H A P T E R 11
The Trial Process
[T]here are principles of liberty and justice, lying at the foundation of our civil and political
institutions, which no State can violate consistently with that due process of law required
by the Fourteenth Amendment in proceedings involving life, liberty, or property.
—JUSTICE JOHN MARSHALL HARLAN I, dissenting, Hurtado v. California, 110 U.S. 516, 546 (1884)
479
CHAPTER OUTLINE
THE IDEAL OF THE FAIR TRIAL
Comparing Adversarial and Inquisitorial Trials
Steps in the Jury Trial
IMPORTANT CONSTITUTIONAL TRIAL
RIGHTS
The Right to Be Present
The Appearance of Fairness
Subpoena: The Right to Compulsory Process
Due Process and Access to Evidence
Right to Silence
Confrontation, Hearsay, and Cross-examination
Presumption of Innocence and Proof beyond a
Reasonable Doubt
THE JURY
Constitutional Requirements
Selecting an Unbiased Jury
Voir Dire and Fairness
LAW IN SOCIETY: JURY TRIALS AND
WRONGFUL CONVICTIONS
Convicting the Innocent
Why Trials Do Not Stop Wrongful Convictions
The Adversary Trial
SUMMARY
LEGAL PUZZLES
JUSTICES OF THE SUPREME COURT: THE
TWENTY-FIRST-CENTURY COURT: SOUTER,
THOMAS, GINSBURG, BREYER, ROBERTS,
AND ALITO
David H. Souter
Clarence Thomas
Ruth Bader Ginsburg
Stephen G. Breyer
John G. Roberts Jr.
KEY TERMS
abuse of discretion
accusatorial trial
adversarial trial
adverse comment
bench trial
challenge for cause
character witness
compulsory process
Confrontation Clause
cross-examination
direct examination
dossier
dying declaration
expert witness
hearsay
hung jury
in camera
inquisitorial trial
invidious discrimination
jury deliberation
jury pool
jury trial
“key man” method
master jury list
peremptory challenge
petty crime
presumption of innocence
prima facie case
reasonable doubt
representative cross section
secret informants
venire
verdict
voir dire
waiver trial
Samuel A. Alito Jr.
M11_ZALM7613_06_SE_CH11.QXD 1/11/10 5:35 PM Page 479
R
O
D
D
Y
,
A
N
T
H
O
N
Y
I
S
A
A
C
3
7
2
7
B
U
THE IDEAL OF THE FAIR TRIAL
All cultures develop methods to ascertain the guilt of those accused of serious norm violations or
crimes. Even if offenders are caught “red-handed,” there is a human tendency to conduct formal
processes for declaring guilt. The trial therefore has two functions: first, to determine a suspect’s
guilt in a practical and efficient manner, and second, to provide a formal setting that solemnizes
the conclusion that this person is guilty and must be punished. The jury trial performs these
functions in the Anglo-American legal tradition.1 Trial by jury was not legislated into being all at
once as the best method to resolve criminal cases. Rather, it evolved over centuries in England.
As a result many have argued that it is not the most efficient or effective method of separating the
guilty from the innocent. Nevertheless, it is embedded in American culture and is guaranteed by
Article III and by the Sixth and Seventh Amendments of the U.S. Constitution, as well as ...
The document discusses how the U.S. patent system has struggled to balance patent rights and preventing abuse. Recent legislation and court rulings aimed to curb frivolous lawsuits led to concerns the system favored accused infringers over patent owners. However, new court decisions indicate the pendulum may be shifting back toward balance, finding the right amount of power for both patent owners and accused infringers.
This document summarizes a panel discussion on the legal and practical challenges of cross-border e-discovery disputes. It outlines differences between American-style discovery rules and foreign frameworks like the EU Data Protection Directive. The Hague Convention provides an alternative but courts often disregard it. Blocking statutes criminalize sharing information with foreign authorities. Practical considerations include assessing safety, conducting interviews abroad, choosing data processing tools, reviewing foreign documents, and controlling costs. Organizations must coordinate legal, IT, and compliance functions on data policies, records management, and audits.
This document discusses laws governing electronic data and seizure, including key cases like Zubulake v. USB Warburg and US v. Arthur Andersen. It covers topics like data preservation duties arising from litigation, sanctions for spoliation of evidence, the Sarbanes-Oxley Act increasing document retention requirements, HIPAA privacy rules, the Stored Communications Act, and the importance of meet and confer requirements under the FRCP for electronic discovery. Key takeaways include parties having a duty to preserve relevant evidence once litigation is reasonably foreseeable and place it under a litigation hold, as well as the need to identify relevant data sources, systems and key players early in the discovery process.
REPUBLIC OF LITHUANIA LAW ON THE APPROVAL AND ENTRY INTO FORCE OF THE CRIMINA...authors boards
Article 1. Approval of the Criminal Code of the Republic of Lithuania
The Seimas hereby approves the Criminal Code of the Republic of Lithuania.
Article 2. Entry into Force of the Criminal Code of the Republic of Lithuania
1. The Criminal Code of the Republic of Lithuania shall enter into force concurrently and solely upon co-ordination with the new Code of Criminal Procedure of the Republic of Lithuania and the Penal Code of the Republic of Lithuania.
2. A specific date of the entry into force of all the codes as indicated in paragraph 1 of this Article shall be set by a separate law.
Article 3. Procedure for Implementing the Criminal Code of the Republic of Lithuania
A procedure for implementing the Criminal Code of the Republic of Lithuania shall be laid down by a separate law.
How to Make International Commercial Arbitration Proceedings more Efficient -...Dr. Anton G. Maurer, LL.M.
the lecture held at KAA in Seoul, Korea, describes ways and means how arbitral tribunal and the parties can use party autonomy to make arbitration proceedings quicker and less costly.
Article 6 of the European Convention on Human Rights provides the right to a fair trial in both civil and criminal cases. It guarantees the right to an independent and impartial tribunal, a public hearing within a reasonable time, and the presumption of innocence. Additional rights in criminal cases include being informed of charges, adequate time to prepare a defense, legal representation, examining witnesses, and an interpreter if needed. However, the right to a fair trial is not absolute, and closed hearings may be allowed for national security or privacy reasons. The document discusses how the use of closed materials, treatment of children in courts, and cuts to legal aid may compromise the right to a fair trial in some instances.
Computer search warrants are common during criminal investigations. Computer forensic software retrieves data for use in prosecution while counter-forensic software and encryption is used to obliterate and secure information. Darren Chaker of Las Vegas posts this material to help people understand the focus of search warrants.
Analysis of Judicial Misconduct by Identifying Motive and Strategy to Expose it. The growing number of litigants outraged by their experience of judicial bias and abuse of power, most obvious in bankruptcy, probate, real estate, landlord, and family cases, will find useful an analysis of why judges engage in misconduct. That analysis identifies a motive and, more importantly, leads to the fashioning of a strategy to deal with the underlying problem.
This document summarizes key aspects of litigation and the legal system in the UK. It describes barristers as specialist advocates who represent clients in higher courts, arbitrations, and alternative dispute resolution. It outlines the UK legal system, including the different courts that handle civil and criminal cases and the appellate courts. It also discusses pre-action protocols, jurisdictional issues, enforcing judgments, expert witnesses, costs reforms, and the popularity of the common law system.
This document summarizes cartel enforcement in the United States. It discusses that the US remains uniquely aggressive in prosecuting cartels criminally through imprisonment, fines, and private damages suits. The DOJ plays the primary role in detecting cartels and establishing their existence in court, while private parties can establish the full scope of injury. Individuals can face up to 10 years in prison and $1m fines, while corporations face fines of $100m or double damages. Recent years have seen record fines collected and increased international cooperation in prosecutions. Most enforcement still targets price-fixing in industries like auto parts, air transportation, and chemicals.
Tribunals have advantages over courts like being less expensive and more accessible. Natural justice requires fair procedures that respect participants and allow them to represent themselves. Reasons for decisions are important so people understand the reasoning and can seek reviews if needed. To avoid bias, decision-makers should not comment publicly on cases and consider if a reasonable observer would think their impartiality was affected by past associations or conduct. Context is also important in assessing potential bias.
The document discusses a Supreme Court case, Navarette v. California, that lowered the bar for police to conduct traffic stops based on anonymous tips about impaired driving. This has caused significant confusion in lower courts as they try to apply the new rule. The document provides background on previous cases establishing reasonable suspicion standards for stops based on anonymous tips. It then analyzes issues lower courts are having applying Navarette and the unanswered questions it leaves, showing the need for clarification from the Supreme Court.
This paper is about fact-finding procedures in Chinese criminal trials. It traces general rules setting out fact-finding procedures, and describes the roles that various legal actors that should play to ensure that they are followed properly. It will further examine how Chinese law balances the duty to determine the truth and the principle of protecting individual rights from potential infringements in criminal cases. Based on the conflicts between truth-seeking and human rights protection, this paper will conclude by discussing limitations in Chinese fact-finding procedures and will suggest how they can be mended.
Kiobel: Major U.S. Jurisdictional Limitation for Overseas ActionsPatton Boggs LLP
The Supreme Court issued a decision in Kiobel v. Royal Dutch Petroleum Co. that places major limitations on using the Alien Tort Statute to sue foreign defendants in U.S. courts for acts occurring outside U.S. territory. A majority of justices based the decision on a presumption against extraterritorial application of U.S. law to protect foreign relations. However, some justices left open the possibility that certain cases involving distinct U.S. interests could still be brought under the ATS. The decision significantly limits but does not completely bar ATS lawsuits over conduct abroad.
090319 EXCERPT From International Criminal Court's 09-2003 Paper On Some Poli...VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
We publish information as this as we will move to determine what Roles (if any) of COMPLICITY the International Criminal Court and its Prosecutors may be playing the the USA's Nazis/Zionists' TERRORIST Activities in their efforts to bring about the ENFORCEMENT of Adolf Hitler's "WORLD Order" presently known as the "NEW World Order!"
1. The document summarizes a discussion on the UK House of Lords decision in the Jones v. Saudi Arabia case regarding state immunity.
2. The Lords upheld state immunity and immunity for individual state officials for torture committed outside the UK, finding no conflict between immunity rules and international rules prohibiting torture.
3. The Lords rejected arguments that universal civil jurisdiction over torture is required by international law in the same way as universal criminal jurisdiction.
You are invited to a complimentary Sports Law CLE on June 6 in Minneapolis MN. Representatives from all local teams will discuss current topics in sports law. You can RSVP through the link. Space is extremely limited.
Sports Law for Rookies and Veterans March 5, 2015Steven Silton
This document outlines the schedule and speakers for a one-day sports law seminar. It includes sessions on the NCAA and amateurism, the view from sports front offices, off-field conduct and discipline, sports media and broadcasting rights, IP issues in sports, concussion issues, and hardball negotiations in the NFL. Keynote speakers include the president of the NFLPA. The event runs from 7:45am to 5:15pm and includes breakfast, lunch, and breakout concurrent sessions.
Please join Cozen O'Connor, Brewer Sports International and the Sports Lawyers Association for a unique, complimentary program addressing today's critical issues at the intersection of sports, media and the law.
Trending methods of international service of processSteven Silton
This document discusses trends in methods of international service of process. It notes that courts are beginning to accept new methods like email and Facebook in addition to traditional methods under the Hague Convention. The document outlines the traditional Hague Convention process and then discusses how courts have started allowing email service when email is regularly used by the defendant. It also discusses how some courts have allowed service via Facebook. The document concludes that as technology continues to advance, courts will likely continue interpreting acceptable service methods broadly to include new technologies in order to provide adequate notice to defendants.
The document announces a two-day sports symposium taking place on June 20-21, 2013. The first day will focus on business-related topics such as scandals in sports, front office perspectives, stadium construction and financing, sports agencies, contracts, and negotiations. Speakers will include executives from Minnesota professional sports teams. The second day will focus on science, medical, and treatment topics related to sports and feature speakers from the sports and medical fields, including current and former pro athletes. Admission for each day is $289 or $99 for students to attend both days. Space is limited and registration is available online.
This document outlines the schedule of panels and speakers at the Minneapolis Club Sports Law Symposium on June 20, 2013. The day-long event included panels on stadium development, the intersection of sports, law and media, scandals in sports from the past year, the past/present/future of sports agencies, and perspectives from front office executives. Keynote speakers were Drew Rosenhaus on the future of sports agencies and Larry Fitzgerald on the business of sports. Panelists represented teams like the Vikings, Twins, and Timberwolves as well as sports law professionals, agents, and leaders of sports-related non-profits. The symposium aimed to discuss current topics in sports business, law, representation and
The 2013 Jack Brewer Foundation 3rd Annual Sports Law Symposium is scheduled for June 20, 2013 in Minneapolis Minnesota. The symposium is the premier sports law seminar in the Midwest, and will address current topics sports law such as: Stadium Development; the Front Office; Sports Agencies; and, the year in scandals. Confirmed speakers include Super Agent Drew Rosenhaus, Minnesota Vikings Chief Administrative Officer Kevin Warren, Minnesota Twins President Dave St. Peter, Sports Agent blog founder Darren Heitner, NASCAR agent Rod Moskowitz, attorney for Sandusky victims Jeff Anderson, and many others. All attendees will receive 8 continuing legal education credits in all jurisdictions they are licensed. The cost for the seminar is $289.00. Employees of a professional sports franchise or a university athletic department can attend for free. Please register on-line at regonline.com/brewersportssymposium Email Steve Silton at ssilton@hinshawlaw.com with questions.
The document is an invitation to a wine dinner event on September 19, 2011 at 6:00 PM at the Calhoun Beach Club in Minneapolis. The event will feature Gopher Football Head Coach Jerry Kill speaking and will include world renowned wines, a five course gourmet dinner, an auction, and wine wall. Proceeds will benefit student-athlete scholarships through the Golden Gopher Fund. Seating is limited and costs $250 per person or $2,500 per table. RSVPs are due by September 8.
Our next event is ideal for families with children, and promises to be a great evening--that is movie night at TCF Bank Stadium on the 3rd largest Jumbotron in College Football.
There will be complimentary drinks and popcorn, as well as lots of activities for the kids.
There is no charge for this event. Please RSVP to me as well as Kyle Shawgo at the U.
Looking forward to seeing everyone there!
The written materials that were in conjunction with Hinshaw & Culbertson LLP's June 17, 2011 seminar "Sports Law for Rookies & Veterans. A video of the event is in production, and will be offered when it is complete.
This document summarizes tools available in bankruptcy law that can help "old economy" businesses transition to the "new economy". It discusses how bankruptcy can provide a breathing spell through automatic stays on collections and the ability to reject unprofitable contracts. It also describes how selling assets or the entire business through Section 363 can allow restructuring. International bankruptcy jurisdiction and confirming a plan of reorganization to emerge from bankruptcy are also summarized as ways bankruptcy law can facilitate this economic transition.
27th real estate_institute_seminar_slide_show_(powerpoint)Steven Silton
This document summarizes tax implications related to debt restructuring, debt forgiveness, and bankruptcy. It discusses various topics including:
1) Types of debt restructuring such as debt exchanges, modifications, and purchases by third parties. These can result in cancellation of debt income (CODI) to the debtor.
2) The American Recovery and Reinvestment Act allows taxpayers to elect to defer recognizing CODI from 2009-2010.
3) Section 382 limits a loss corporation's ability to use pre-change losses after an ownership change. It establishes an annual limitation on losses based on the value of the corporation.
4) Anti-abuse rules like substantial nonbusiness assets, value reductions for recent
Counseling Financially Distressed Businesses Business Law 101Steven Silton
Bankruptcy can provide financially distressed businesses with relief from creditors and help reorganize viable businesses facing short-term problems. It offers tools like the automatic stay, which stops collection efforts and lawsuits, and the ability to terminate unfavorable contracts and leases. Bankruptcy can help with issues like bad contracts, trade debt, and foreclosures, but cannot solve problems like lack of revenue or uninterested investors. It allows businesses to term out or modify unsecured debt and tax debt through a repayment plan.
This document discusses the intersection of business law and bankruptcy. It provides an overview of bankruptcy law concepts including different chapters of bankruptcy, the automatic stay, treatment of secured and unsecured claims, executory contracts, leases, sales of property, and plan confirmation. It also discusses how various business situations could intersect with bankruptcy law, such as when a business, vendor, customer or owner experiences financial troubles. Key areas of focus are reviewing cash flow and debt structure, analyzing claims and contracts, and understanding opportunities to purchase debtor assets.
Discusses the intersection of bankruptcy and health care, and why lack of adequate health care is the number one reason people are forced to file bankruptcy.
Executive Directors Chat Leveraging AI for Diversity, Equity, and InclusionTechSoup
Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
The webinar may also give some examples on how nonprofits can best leverage Walmart Business+.
The event will cover the following::
Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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Training: ISO/IEC 27001 Information Security Management System - EN | PECB
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How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
1. Westlaw Journal
ANTITRUST
Litigation News and Analysis • Legislation • Regulation • Expert Commentary VOLUME 19, ISSUE 6 / SEPTEMBER 2011
Expert Analysis
Pfleiderer AG v. Bundeskartellamt:
A Step Forward in Efforts to Obtain
Discovery from European Commission
Antitrust Proceedings
By Heidi M. Silton, Esq., Craig S. Davis, Esq., and Daniel Levisohn
Lockridge Grindal Nauen
For years, civil antitrust lawyers have identified the European Commission’s antitrust
investigations as a source for evidence of cartel activity. As part of Europe’s regula-
tory framework, the EC offers leniency to cartels in exchange for their cooperation
with the Directorate General for Competition, the EC agency in charge of enforcing
the European Union’s competition rules.1
Seeking evidence of wrongdoing, antitrust plaintiffs litigating in the United States
have sought to use the discovery provisions of the Federal Rules of Civil Procedure to
request records from these investigations.2
However, these records have often remained undiscoverable — in large part because
of the EC itself, which has vigorously advocated against the disclosure of information
obtained from leniency deals.3 The reasoning is that future cartels would be less
likely to cooperate in antitrust proceedings if the proceedings made them vulnerable
to civil lawsuits.4 Defendants and the EC argue that disclosure of these records could
undermine Europe’s antitrust regulatory regime.5
U.S. courts have been reluctant to help plaintiffs obtain records from EC investiga-
tions. Judges have typically denied motions to compel cartel defendants to pro-
duce documents obtained from EC leniency programs.6 U.S. courts have deferred to
the EC’s reasoning that the integrity of the European antitrust system outweighs an
individual plaintiff’s interest in discoverable records.
The principle of international comity has often provided the basis for these decisions.
International comity encourages a “spirit of cooperation [when] a domestic tribunal
approaches the resolution of cases touching the laws and interest of other sovereign
states.”7
However, a new judgment by the EU Court of Justice may provide an opening for civil
antitrust plaintiffs in the United States to obtain records from EC investigations.