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Settlement Talk Over Sushi: The Second Circuit Set to Decide Key FLSA Settlement Issue
  • Ford & Harrison LLP
  • USA
  • October 12 2018

Earlier this week, the Second Circuit Court of Appeals heard oral arguments regarding whether judicial review of a Fair Labor


Second Circuit rejects DOJ’s use of conspiracy and accomplice liability to prosecute foreign nationals for FCPA violations
  • Sidley Austin LLP
  • USA
  • October 12 2018

For years, the U.S. Department of Justice (DOJ) has taken the position that theories of conspiracy and aiding and abetting allow it to prosecute


A Second Swipe of the Settlement Card: Approval Pending in the In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation
  • Faruki Ireland Cox Rhinehart & Dusing PLL
  • USA
  • October 12 2018

A little more than two years after the Second Circuit Court of Appeals vacated a class-wide settlement because the class plaintiffs were “inadequately


Court Rules that One-Time Voluntary Separation Program is Not an ERISA Plan
  • Jackson Lewis PC
  • USA
  • October 11 2018

Whether a one-time voluntary separation program should be treated as an ERISA-covered severance plan depends on whether the program requires an


Supervised Release Condition Struck Due To Improper Delegation
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • October 10 2018

In a short summary order issued in United States v. Levy, the Second Circuit (Hall, Lynch, and Kuntz, D.J.) struck a condition of supervised release


What About Erie?
  • Dechert LLP
  • USA
  • October 10 2018

If a court acknowledges that no state or federal appellate courts in the jurisdiction have addressed the question before it, we think at a minimum there also should be an...


Second Circuit Affirms Use of Handcuffs During Late Night Terry Stop
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • October 9 2018

In United States v. Bekim Fiseku, the Second Circuit (Cabranes, Lynch, Carney) rejected the defendant’s argument that police officers unlawfully


Despite Recent Supreme Court Precedent, and In A Departure From The “Categorical Approach,” Circuit Affirms Conviction Under Section 924(c)
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • October 5 2018

In United States v. Barrett, the Second Circuit (Winter, Raggi, Droney) rejected a defendant’s argument that his conviction under Title 18, United


Conviction and Sentence Affirmed, Rejecting Sufficiency, Evidentiary Arguments
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • October 4 2018

In United States v. Spoor, the Second Circuit (Cabranes, Carney, and District Judge Caproni) affirmed a conviction for production and possession of


Guidelines Commentary Leads To Affirmance in Sentencing Appeal
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • October 3 2018

In a short per curiam opinion in United States v. Lobo (Parker, Hall, Lohier), the Second Circuit affirmed the imposition of a Guidelines enhancement