Dan Wenner wrote an article, "Infomercials, Criminal Contempt And The Speedy Trial Act," for Law360. The article analyzes the decision by the U.S. Court of Appeals for the Seventh Circuit, which held that the Speedy Trial Act did not apply in the criminal contempt case against TV infomercial pitchman Kevin Trudeau. Trudeau, who was found guilty and sentenced to 10 years in prison, argued the running clock for a speedy trial began when an initial show-cause order was issued by the district court. As Wenner points out in the article, the Seventh Circuit, agreeing with the district court, found the act did not apply because the first show-cause order limited Trudeau's exposure to six months. "The court's analysis and reasoning underpin the importance of being mindful of the structure, applicability and limitations of the Speedy Trial Act in criminal prosecutions," Wenner wrote.
Clifford Nichols wrote an article, "When Addressing Cybersecurity and Data Breach, Don't Forget eDiscovery," for New Jersey Law Journal. The article is about how companies should consider eDiscovery and litigation response issues when making policy or infrastructure changes to address cybersecurity and data breach risks.
Dan Wenner authored an article, "If Your Client Became A Citizen Around The Time Of The Crime," in Law360. The article delves into the case of United States v. Olivar, No. 14-55336, 2016 WL 1553906 (9th Cir. Apr. 18, 2016), in which the government sought to denaturalize a convicted fraudster because he committed the crime just prior to his being naturalized. The government wanted to denaturalize him so he could be removed from the United States as an aggravated felon. Defense counsel whose clients are naturalized should be mindful of the timing of the criminal conduct vis-à-vis the naturalization. Even though an individual might be a naturalized citizen at the time of conviction, that person must have been "a person of good moral character" in the five years prior to naturalization; otherwise, their citizenship could be revoked.
Dan Wenner wrote an article, "Dvorin And Prosecutorial Vindictiveness: A Hard Row To Hoe," for Law360.
Dan Wenner and John Cerreta wrote an article,"High Court Dives Into The Restraint Of Untainted Assets" for Law360. The article analyzes how prior cases could impact the Supreme Court's pending decision of Luis v. United States. What differentiates this case from others is that there is a question whether the Constitution bars pretrial restraint of a criminal defendant's untainted assets (assets not traceable to a criminal offense) that are needed to pay for defense counsel.
On January 5, Day Pitney hosted a speech by Robert L. Capers, the U.S. Attorney for the Eastern District of New York, to the White Collar Crime Committee of the American Bar Association's Business Law Section (WCCC) at the firm's New York City office.
Dennis Kearney was quoted in an article, "Christie Criminal Summons Marks Surprise Twist In GWB Saga," in Law360. The article is about how a New Jersey judge gave the go ahead to a citizen's criminal suit alleging Gov. Chris Christie failed to stop the now-infamous traffic jam on the George Washington Bridge.
Dennis Kearney was quoted in an article, "Citizen's Complaint Against Christie Over Bridgegate Gets Green Light—But May Hit Potholes," in The New Jersey Law Journal. A New Jersey judge on Thursday found probable cause in a citizen's complaint charging Gov. Chris Christie with official misconduct in connection with Bridgegate.
Dennis Kearney was quoted in an article, "Judge finds probable cause in complaint against Christie over GWB lane closures," in The Record. In the article, Kearney discusses a New Jersey judge's finding of probable cause that Christie engaged in official misconduct during the 2013 lane closures and issued a summons for the governor to appear Oct. 24.
New York, July 5, 2016 - Day Pitney LLP announced today that Jed Davis has joined the firm's New York office as a partner in the Government Enforcement and White Collar Criminal Defense practice, focusing on cybersecurity, data protection and other cyber-driven cases. Davis' practice includes investigations, criminal prosecutions and civil litigation arising from data breaches, hacking, and intellectual property theft, as well as internal cybersecurity reviews.
On January 30, Jed Davis will speak at The Knowledge Group Webcast, "Best Strategies in Protecting Your Firm Against Hackers: What Hackers Can and Cannot Do?"