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Recent Articles from Deborah Elkins
Criminal Practice – Post-Offense Evidence Supports Death Penalty
U.S. v. Torrez (Lawyers Weekly No. 001-178-17, 91 pp.) (Thacker, J.) No. 14-1, Aug. 28, 2017; USDC at Alexandria, Va. (O’Grady, J.) 4th Cir. Holding: A 4th Circuit panel upholds […]
Criminal Practice – No Resentencing Based on USSG Residual Clause
U.S. v. Brown (Lawyers Weekly No. 001-177-17, 27 pp.) (Duncan, J.) No. 16-7056, Aug 21, 2017; USDC at Charleston, S.C. (Duffy, J.) 4th Cir. Holding: A drug defendant sentenced as […]
Criminal Practice – Grand Jury Queries Defense Team on Phony Document
In re: Grand Jury Subpoena Under Seal 1, 2 and 3 (Lawyers Weekly No. 001-176-17, 8 pp.) (Per Curiam) No. 16-4096, Aug. 18, 2017; USDC at Charlotte, N.C. (Conrad, J.) […]
Criminal Practice – No More Pretrial Seizure of ‘Innocent’ Assets
U.S. v. Chamberlain (Lawyers Weekly No. 001-175-17, 15 pp.) (Wynn, J.) No. 16-4313, Aug. 18, 2017; USDC at Raleigh, N.C. (Howard, J.) 4th Cir. Holding: The en banc 4th Circuit […]
Schools & School Boards — Jewish Custom Instruction Not Required Under IDEA
M.L. v. Smith (Lawyers Weekly No. 001-174-17, 22 pp.) (Agee, J.) No. 15-1977, Aug. 14, 2017; USDC at Greenbelt, Md. (Grimm, J.) 4th Cir. Holding: The 4th Circuit upholds […]
Labor & Employment — Employees Must Pay Back Pension Overpayments
Retirement Committee of DAK Americas LLC v. Brewer (Lawyers Weekly No. 001-173-17, 27 pp.) (Agee, J.) No. 16-1574, Aug. 14, 2017; USDC at Wilmington, N.C. (Flanagan, J.) 4th Cir. […]
Insurance — No Arbitration of Reinsurance Agreement
Minnieland Private Day School Inc. v. Applied Underwriters Captive Risk Assurance Co. (Lawyers Weekly No. 001-172-17, 18 pp.) (Wynn, J.) No. 16-1511, Aug. 11, 2017; USDC at Alexandria, Va. […]
Immigration — Judge’s Improper Comments Were ‘Plain Error’
U.S. v. Lefsih (Lawyers Weekly No. 001-171-17, 22 pp.) (Harris, J.) No. 16-4345, Aug. 14, 2017; USDC at Raleigh, N.C. (Boyle, J.) 4th Cir. Holding: The 4th Circuit vacates […]
Immigration — Deferred Prosecution Is ‘Conviction’ Under INA
Boggala v. Sessions (Lawyers Weekly No. 001-170-17, 22 pp.) (Floyd, J.) No. 16-1558, Aug. 9, 2017; On Petition for Review; 4th Cir. Holding: A divided 4th Circuit panel rejects […]
Immigration — No Asylum After Removal Order Reinstated
Calla Mejia v. Sessions (Lawyers Weekly No. 001-169-17, 47 pp.) (Diaz, J.) No. 16-1280, Aug. 9, 2017; On Petition for Review; 4th Cir. Holding: A Peruvian woman who suffered […]
Environmental — Court Used Wrong Standard for Bear Treatment
Hill v. Coggins (Lawyers Weekly No. 001-168-17, 33 pp.) (Floyd, J.) No. 16-1457, Aug. 14, 2017; USDC at Bryson City, NC. (Reidinger, J.) 4th Cir. Holding: Two patrons, members […]
Civil Rights – Transgender Student Bathroom Dispute Remanded
Grimm v. Gloucester County School Board (Lawyers Weekly No. 001-167-17, 8 pp.) No. 15-2056, Aug. 2, 2017. VLW 017-2-161, 8 pp. Holding: In this suit by a transgender boy who […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- The third option: Why your best employees are quietly losing their edge
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Where is she now, this model who was so beautiful?
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
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