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Focusing on a Subpoenaed Item's Potential Evidentiary Use (As Nixon Intended) Will Permit Rule 17(c) Subpoenas To Promote Fair Trials

A Rule 17(c) subpoena is a federal criminal defendant's only means of compelling the production of evidence from anyone other than the prosecutor.


'Weys' to Supress Seized Electronic Data: Considerations for Prosecution and Defense

Federal white-collar criminal investigations almost invariably lead to the seizure of computer, servers, and portable electronic-storage devices. The start of the seizure process is relatively straightforward and can be somewhat dramatic...


Latest Update on USPTO Inter Partes Review Proceedings

In September 2011, the Leahy-Smith America Invents Act (AIA) was signed into law. In addition to changing priority laws from first-to-invent to first-to-inventor-to-file, the AIA also introduced new post-grant proceedings, administrative adjudications of patentability designed to be more trial-like than examinational.


Constitutional Issues Concerning Civil Forfeiture

This article addresses whether a recent decision by the U.S. Supreme Court may provide an additional basis for states that have not already done so to heighten the burden of proof on governments seeking civil forfeiture of privately held property.


Legislative History: A (Sometimes) Persuasive Tool for Federal Practitioners

Statutory interpretation is a foundational part of federal administrative law. Federal agencies are entitled to deference when interpreting the statures that Congress has tasked the agencies with administering, and thus agency lawyers craft specific regulatory actions to align with the agency's interpretation of the statute.


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