Pennsylvania Innocence Project Recognizes Leigh Skipper for His Commitment to Pursuing Justice
Duane Morris | White-Collar Criminal Law
by Duane Morris
2w ago
The Pennsylvania Innocence Project presented the 2023 Maureen Rowley Award to Duane Morris partner Leigh Skipper. Leigh is the former Chief Federal Defender for the Eastern District of Pennsylvania. He succeeded Maureen Rowley in that role in 2009 and led one of the largest and most respected federal defender offices in the country until 2022 ..read more
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Fraud-On-The-FDA Theory Of Liability Reawakened by DOJ Filing
Duane Morris | White-Collar Criminal Law
by Duane Morris
10M ago
On June 3, the U.S. Department of Justice Civil Division’s Washington, D.C., office filed a statement of interest in a relator’s action, arguing that “[c]onduct giving rise to a regulatory violation can also give rise to” False Claims Act liability. The case is U.S. ex rel. Patricia Crocano v. Trividia Health Inc., before the U.S. District ..read more
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Supreme Court Declines to Allow Miranda Violations as a Basis For a 42 U.S.C. § 1983 Claim
Duane Morris | White-Collar Criminal Law
by Duane Morris
11M ago
By Mario J. Cacciola On June 23, 2022, the Supreme Court of the United State held that a violation of the Miranda rules does not provide a basis for a claim under 42 U.S.C. § 1983.  Writing for the majority in Vega v. Tekoh, 597 U.S.  (2022), Justice Alito stated, “The question we must decide ..read more
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Key Questions for New York and New Jersey Businesses Following the U.S. Supreme Court’s Gun Decision
Duane Morris | White-Collar Criminal Law
by Duane Morris
1y ago
On June 23, 2022, the Supreme Court of the United States recognized a constitutional right for citizens to carry a firearm outside the home for self-defense. The opinion invalidates the licensing regimes for carry permits in California, Hawaii, Maryland, Massachusetts, New Jersey, New York and the District of Columbia. Although New York and New Jersey each allow ..read more
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Fraud-on-the-FDA Theory of False Claims Act Liability Clarified by DOJ
Duane Morris | White-Collar Criminal Law
by Duane Morris
1y ago
On June 3, 2022, the Civil Division of the Department of Justice filed a statement of interest in a relator’s action in the Southern District of Florida, arguing that “[c]onduct giving rise to a regulatory violations can also give rise to [False Claims Act] liability.” Specifically, requesting “that the ruling not foreclose the possibility that ..read more
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United States Supreme Court Recognizes a Constitutional Right to Carry Firearms for Self-Defense
Duane Morris | White-Collar Criminal Law
by Duane Morris
1y ago
On June 23, 2022, the Supreme Court of the United States struck down New York’s restrictive concealed carry licensing regime as unconstitutional under the Second Amendment, invalidating licensing regimes in an additional six jurisdictions. In so doing, the Court rejected the long-standing practice of balancing the text and history of the Second Amendment with governmental ..read more
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Longtime Federal Public Defender Leigh Skipper to Join Duane Morris at End of June
Duane Morris | White-Collar Criminal Law
by Duane Morris
1y ago
After leading the Federal Community Defender Office for the Eastern District of Pennsylvania for 14 years, Leigh Skipper is joining Duane Morris’ white-collar defense division at the end of June. Skipper, who has served as chief federal defender for the Eastern District of Pennsylvania since 2009, is slated to join the firm’s Philadelphia headquarters June 27 after serving his ..read more
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The SEC Ramps Up Efforts to Police Crypto Industry
Duane Morris | White-Collar Criminal Law
by Mary P. Hansen
1y ago
As the crypto industry continues to grow and market volatility remains high, the Securities and Exchange Commission (SEC) has announced its plan to increase its regulation of the area. The SEC’s Crypto Assets and Cyber Unit, which was created in 2017, will expand from thirty to fifty positions. The unit is tasked with protecting investors ..read more
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DOJ Reinstates and Augments Prior Corporate Criminal Enforcement Policies: Now Requiring Disclosure of ALL Involved Individuals and Consideration of ALL Prior Corporate Misconduct
Duane Morris | White-Collar Criminal Law
by Frederick R. Ball
1y ago
On October 28, 2021, Deputy United States Attorney General Lisa Monaco issued a memorandum marking the first major announcement on corporate criminal enforcement from the Department of Justice (“DOJ”) under the Biden Administration (“Monaco Memo”). Most notably, this memorandum: (1) reinstates the Individual Accountability Policy originally announced in the Yates Memo and (2) guides prosecutors ..read more
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Prosecution for Noncompliance with Agency Guidance Documents Allowed by Attorney General’s Memorandum
Duane Morris | White-Collar Criminal Law
by Duane Morris
1y ago
On July 1, 2021, U.S. Attorney General Merrick Garland published a memorandum that rescinds two previous memoranda―the Sessions Memorandum and Brand Memorandum―that prohibited Department of Justice attorneys from using noncompliance with federal agency guidance documents as a basis for civil and criminal enforcement cases. Garland’s memorandum states these previous policies were “overly restrictive,” “discouraged the ..read more
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