Patterson Belknap
Microsoft has discontinued support for Internet Explorer. To access the Patterson Belknap website, please install a modern browser like Microsoft Edge or Google Chrome.
We use cookies to enhance your experience of our website and provide us with information on how you use our website. For more information about the way our site uses cookies, please read our Privacy Policy. Click "Accept Cookies" to enable cookies and third-party content or “Decline” to decline the use of cookies.
Accept CookiesDecline
mobile logo
High Contrast Mode
  • Search
  • People
  • Practices
  • Values
    Inclusion and Engagement
    Pro Bono
    Core Values
  • Firm
    About Our Firm
    Careers : Attorneys
    Careers: Business Services
    Contact Us
    Blogs & Podcasts
    Firm News
    Publications
    Events
Skip Nav
Patterson Belknap Logo
Inclusion and Engagement
Pro Bono
Core Values
About Our Firm
Careers
AttorneysBusiness Services
Contact Us
News & Resources
Blogs & PodcastsFirm NewsPublicationsEvents

Find a Person


Search
  • A
    B
    C
    D
    E
    F
    G
    H
    I
    J
    K
    L
    M
  • N
    O
    P
    Q
    R
    S
    T
    U
    V
    W
    X
    Y
    Z
  • View All
  • A
    B
    C
    D
    E
    F
    G
    H
    I
    J
    K
    L
    M
    N
    O
    P
    Q
    R
    S
    T
    U
    V
    W
    X
    Y
    Z
    View All

Find a Practice

Search
  • Corporate & Transactions
  • Exempt Organizations & Private Clients
  • Litigation, Disputes & Investigations
  • All Practices
printable-logo

Second Circuit Criminal Law Blog

Categories / Search
Categories / Search

Search Blog

Search
Filter By Categories:
  • Acquittal
  • Appellate Procedure
  • Bail Proceedings
  • Conspiracy
  • Conviction Error
  • Cybercrimes/Technology
  • DOJ Policy
  • Due Process
  • Evidentiary Rulings
  • Expert Testimony
  • FCPA
  • Fifth Amendment
  • Forfeiture
  • Fourth Amendment
  • Grand Jury
  • Guidelines
  • Guilty Plea
  • Habeas Corpus
  • Hearsay
  • Honest Services Fraud
  • Immigration
  • Ineffective Assistance
  • Insider Trading
  • Internal Investigations
  • Jurisdiction and Procedure
  • Juror Misconduct
  • Mandatory Minimums
  • Maritime Law
  • New Trial
  • Newly Discovered Evidence
  • Obstruction of Justice
  • Plea
  • Plea Agreements
  • Politics
  • Procedural Reasonableness
  • Qualified Immunity
  • Reasonableness Review
  • Recusal
  • Restitution
  • Ripeness
  • Rule 11
  • Sarbanes-Oxley
  • Scienter
  • Second Amendment
  • Section 2255
  • Securities Fraud
  • Sentencing
  • Sentencing and Eighth Amendment
  • Sixth Amendment
  • Speedy Trial
  • Statutory Interpretation
  • Sufficiency
  • Supervised Release
  • Tax Violations
  • Trials and Evidentiary Rulings
  • Vagueness
  • Venue
  • White Collar Crime
  • Wire Fraud
Filter By Industries:
  • Financial Institution Fraud
  • Healthcare Fraud
  • Politics
  • Securities Fraud
  • Tax Fraud
Posts
Subscribe

Category: Politics

Show All Categories
Fifth Amendment

Second Circuit Rejects Double Jeopardy and Sufficiency of the Evidence Arguments After Remand in Ciminelli Case

In United States v. Aiello, the Second Circuit (Raggi, Chin, Sullivan) remanded the cases of Steven Aiello, Joseph Gerardi, Louis Ciminelli, and Alain Kaloyeros (collectively, the “defendant-appellants”) for retrial on their convictions for wire fraud and conspiracy to commit wire...
September 23, 2024

About Our Blog

The Second Circuit Criminal Law Blog is your place to follow the criminal law decisions rendered by the U.S. Court of Appeals for the Second Circuit. With a rich 225-year history of legendary judges like Learned Hand and Henry Friendly, the Second Circuit has long been known for writing important and thoughtful opinions on many subjects, including the criminal law. We review every published criminal law opinion handed down by the Second Circuit in order to provide you with a summary of the holding, an assessment of the key legal issues, and practice pointers based on the Court’s ruling. Our focus is on white-collar criminal cases and matters relating to internal investigations. Our blog is written by a team of experienced attorneys, including many former law clerks for the Second Circuit and other federal courts. The blog’s editor in chief is a former Deputy Chief Appellate Attorney in the U.S. Attorney’s Office for the Southern District of New York who has appeared in more than 100 Second Circuit criminal appeals.

Read More

Editor in Chief

  • Contact Harry Sandick.

    Harry Sandick

    212.336.2723

    Email

Blog Contributors

  • Contact Anna Cox.

    Anna Cox

    212.336.2027

    Email

  • Contact Daniel Feder.

    Daniel Feder

    212.336.2236

    Email

  • Contact Joshua Kipnees.

    Joshua Kipnees

    212.336.2838

    Email

  • Contact Ryan J. Kurtz.

    Ryan J. Kurtz

    212.336.2405

    Email

  • Contact Jane Metcalf.

    Jane Metcalf

    212.336.2152

    Email

  • Contact Hilarie Meyers.

    Hilarie Meyers

    212.336.2324

    Email

  • Contact Madeline More Lane.

    Madeline More Lane

    212.336.2292

    Email

  • Contact Clinton W. Morrison.

    Clinton W. Morrison

    212.336.2546

    Email

  • Contact Maggie O'Neil.

    Maggie O'Neil

    212.336.2227

    Email

  • Contact Faust Petkovich.

    Faust Petkovich

    212.336.2306

    Email

  • Contact Anna Duquette.

    Anna Duquette

    212.336.2285

    Email

  • Contact Harry Sandick.

    Harry Sandick

    212.336.2723

    Email

  • Contact Nicole Scully.

    Nicole Scully

    212.336.2666

    Email

  • Contact Isaiah Strong.

    Isaiah Strong

    212.336.2420

    Email

  • Contact Jason Vitullo.

    Jason Vitullo

    212.336.2189

    Email

  • Contact Caitlyn Wigler.

    Caitlyn Wigler

    212.336.2308

    Email

Posts
Subscribe

Firm Highlights

Firm News
Law360 Spotlights Firm’s Litigation Department
Joshua Goldberg, Partner and Chair of the firm’s Litigation Department, was profiled by Law360 on the hallmarks of the department, including its trial-ready mindset and commitment to zealous advocacy. The feature also highlights the firm’s single-office operation as a key strength, along with its unique clerkship hiring model, focus on talent development, strategic lateral recruiting, and diverse litigation practice offerings. The profile is featured in Law360’s Litigation Daily and New York Pulse. To read the full profile, please click here.
Firm News
Barbara Mullin Named Among Benchmark Litigation’s 2026 Top 250 Women in Litigation
Partner Barbara Mullin has been named one of Benchmark Litigation’s 2026 Top 250 Women in Litigation. The ranking uses an extensive research process, including “months of investigation into individual litigators’ professional activities as well as client feedback surveys and one-on-one interviews” to identify women who are “top players” in their field. To learn more, please click here.
Firm News
Firm Attorneys Honored by The Legal Aid Society at 2026 Pro Publico Awards
On October 7, 2026, The Legal Aid Society honored Of Counsel David Dykhouse and Associates Kimberly Black and Jillian Horowitz at its annual Pro Bono Publico Awards Ceremony. The Pro Bono Publico Award recognizes pro bono partners for their outstanding contributions to advancing equal justice for New Yorkers. Mr. Dykhouse, Ms. Black, and Ms. Horowitz were honored for their work representing a group of tenants in connection with a real estate group’s bankruptcy filing. Prior to its bankruptcy, the group owned 93 different properties with over 5,000 residential units. The tenants lived in unsafe and unsanitary conditions due to real estate group’s years of neglect. Patterson Belknap filed an objection to the group’s proposed sale of its real estate portfolio, asserting that the...
Event
Maurene Comey to Speak on New York Criminal Bar Association Panel
On Wednesday, October 21, Partner Maurene Comey will speak on a New York Criminal Bar Association panel titled "Modern Prosecution and Defense of Sex Offenses." Ms. Comey will join Teny Geragos (Founding Partner, Agnifilo Intrater), Moira Penza (Partner, Wilkinson Stekloff), and Isabelle Kirshner (Partner, Clayman Rosenberg Kirshner & Linder LLP) to explore key strategies and considerations for prosecuting and defending modern sex-offense cases. To learn more, please click here.
Publication
U.S. Department of Education Formally Reverts to Title IX Rules from 2020
On September 29, 2026, the U.S. Department of Education (the “ED”) published a Final Rule, “Recodification of Title IX Rules,” formally removing the 2024 Title IX Rule from the Code of Federal Regulations (“CFR”) and restoring the provisions of the 2020 Title IX Rule, with a few exceptions.[1] The 2026 Title IX Rule took effect upon publication. For most schools, colleges, and other recipients of federal education funding, the 2026 Rule does not change day-to-day obligations, because the 2020 framework has governed since early 2025. It does, however, close a chapter of litigation and set the stage for further regulatory action. As we reported in our February 6, 2025 Alert, a federal district court vacated the entirety of the 2024...
Publication
Data Sale In Spirit Bankruptcy Raises Novel Privacy Risks
In August 2025, Spirit Airlines filed its second bankruptcy less than a year after its first. Although the company tried to find a way to keep the lights on, in May 2026, Spirit Airlines pivoted toward liquidation in the U.S. Bankruptcy Court for the Southern District of New York. Though asset sales are routine practice in large Chapter 11 cases like Spirit Airlines, in this case, the debtors' proposed sale of assets has raised novel data privacy questions that the law may not be ready to answer. To continue reading Daniel A. Lowenthal and Kimberly Black's article on this topic, please click here.
Blog Post
Delaware Bankruptcy Court Crafts Test Concerning Post-Confirmation “Related-To” Jurisdiction
The filing of a bankruptcy case creates an estate consisting of the debtor’s legal and equitable property. The estate will continue until the debtor’s confirmed plan of reorganization or liquidation goes effective. It will then terminate, and the property will either revest in the reorganized debtor or be transferred to another entity such as a post-confirmation liquidation trust. Now and then, bankruptcy judges face this issue: after plan confirmation, when can a liquidation trustee assert state law claims in a lawsuit filed in the bankruptcy court? In terms of a bankruptcy court’s subject matter jurisdiction, the question can be articulated this way: when can a bankruptcy court have post-confirmation related-to jurisdiction over such claims under 28 U.S.C. section 1334?[i] A bankruptcy judge...
Blog Post
You Win Some and Lose Some: Judge Liman Decides Competing Motions to Compel
On September 4, 2026, District Judge Lewis J. Liman (S.D.N.Y.) granted in part and denied in part Plaintiff Lashify, Inc.’s (“Lashify”) motion to compel discovery and denied Defendants Qingdao Network Technology Co., Ltd., d/b/a UCoolMe and Vivicute Limited’s (“UCoolMe”) motion to compel. Lashify, Inc. v. Qingdao Network Tech. Co., Ltd., No. 25-cv-4183 (S.D.N.Y. Sep. 4, 2026). Lashify’s Motion to Compel Lashify moved to compel UCoolMe to provide responses to discovery requests relating to: (i) product samples and raw materials; (ii) manufacturing; (iii) employees and supply chain; (iv) marketing; and (v) finances. Id. at *2. The Court found that each of those topics were relevant under Fed. R. Civ. P. 26(a) and that UCoolMe did not sufficiently respond to discovery requests related to...
Blog Post
AI Companies Find Value in Bankrupt Companies
Spirit Airlines filed for bankruptcy in November 2024 and, after emerging from bankruptcy, filed again in August 2025. During the second case, the company tried to find a way to keep the airline in business but to no avail. In May 2026, Spirit Airlines pivoted towards a wind-down and ceased operations. This summer, as a part of its wind-down, Spirit Airlines began marketing its remaining assets. It had plenty of traditional assets to sell. For example, the debtors’ bid procedures motion filed in May 2026 listed the following assets: takeoff and landing slots at LaGuardia Airport; aircraft hangar(s); corporate headquarters; training center; multi-family residential buildings; ground service equipment; spare engines; flight simulators; aircraft maintenance equipment; and assets related to the...
Publication
Supreme Court Declines to Revisit “Undue Hardship” Standard in Religious Accommodations Cases
On October 5, 2026, the Supreme Court of the United States denied a request by a group of Washington firefighters for further clarification as to whether employers accused of illegally denying religious accommodations pursuant to Title VII of the Civil Rights Act (“Title VII”) must show that the requested workplace adjustments present an actual hardship. Petersen et al. v. Snohomish Regional Fire & Rescue et al., No. 25-1210. The Court’s denial of the petition for certiorari signals a vote of confidence from the Justices in their landmark 2023 Groff v. DeJoy decision, 600 U.S. 447 (2023), which heightened the previous “de minimis” standard for employers’ showing of undue hardship in cases of denied religious accommodations requests. Religious Accommodations and Undue...
Firm News
Law360 Spotlights Firm’s Litigation Department
Joshua Goldberg, Partner and Chair of the firm’s Litigation Department, was profiled by Law360 on the hallmarks of the department, including its trial-ready mindset and commitment to zealous advocacy. The feature also highlights the firm’s single-office operation as a key strength, along with its unique clerkship hiring model, focus on talent development, strategic lateral recruiting, and diverse litigation practice offerings. The profile is featured in Law360’s Litigation Daily and New York Pulse. To read the full profile, please click here.
Firm News
Barbara Mullin Named Among Benchmark Litigation’s 2026 Top 250 Women in Litigation
Partner Barbara Mullin has been named one of Benchmark Litigation’s 2026 Top 250 Women in Litigation. The ranking uses an extensive research process, including “months of investigation into individual litigators’ professional activities as well as client feedback surveys and one-on-one interviews” to identify women who are “top players” in their field. To learn more, please click here.
Firm News
Firm Attorneys Honored by The Legal Aid Society at 2026 Pro Publico Awards
On October 7, 2026, The Legal Aid Society honored Of Counsel David Dykhouse and Associates Kimberly Black and Jillian Horowitz at its annual Pro Bono Publico Awards Ceremony. The Pro Bono Publico Award recognizes pro bono partners for their outstanding contributions to advancing equal justice for New Yorkers. Mr. Dykhouse, Ms. Black, and Ms. Horowitz were honored for their work representing a group of tenants in connection with a real estate group’s bankruptcy filing. Prior to its bankruptcy, the group owned 93 different properties with over 5,000 residential units. The tenants lived in unsafe and unsanitary conditions due to real estate group’s years of neglect. Patterson Belknap filed an objection to the group’s proposed sale of its real estate portfolio, asserting that the...
Event
Maurene Comey to Speak on New York Criminal Bar Association Panel
On Wednesday, October 21, Partner Maurene Comey will speak on a New York Criminal Bar Association panel titled "Modern Prosecution and Defense of Sex Offenses." Ms. Comey will join Teny Geragos (Founding Partner, Agnifilo Intrater), Moira Penza (Partner, Wilkinson Stekloff), and Isabelle Kirshner (Partner, Clayman Rosenberg Kirshner & Linder LLP) to explore key strategies and considerations for prosecuting and defending modern sex-offense cases. To learn more, please click here.
Publication
U.S. Department of Education Formally Reverts to Title IX Rules from 2020
On September 29, 2026, the U.S. Department of Education (the “ED”) published a Final Rule, “Recodification of Title IX Rules,” formally removing the 2024 Title IX Rule from the Code of Federal Regulations (“CFR”) and restoring the provisions of the 2020 Title IX Rule, with a few exceptions.[1] The 2026 Title IX Rule took effect upon publication. For most schools, colleges, and other recipients of federal education funding, the 2026 Rule does not change day-to-day obligations, because the 2020 framework has governed since early 2025. It does, however, close a chapter of litigation and set the stage for further regulatory action. As we reported in our February 6, 2025 Alert, a federal district court vacated the entirety of the 2024...
Publication
Data Sale In Spirit Bankruptcy Raises Novel Privacy Risks
In August 2025, Spirit Airlines filed its second bankruptcy less than a year after its first. Although the company tried to find a way to keep the lights on, in May 2026, Spirit Airlines pivoted toward liquidation in the U.S. Bankruptcy Court for the Southern District of New York. Though asset sales are routine practice in large Chapter 11 cases like Spirit Airlines, in this case, the debtors' proposed sale of assets has raised novel data privacy questions that the law may not be ready to answer. To continue reading Daniel A. Lowenthal and Kimberly Black's article on this topic, please click here.
Litigation, Disputes & Investigationsicon right
Exempt Organizations & Private Clientsicon right
Corporate & Transactionsicon right
  • Contact Us
  • Subscribe
  • Disclaimer
  • Privacy Policy

1133 Avenue of the Americas New York, New York 10036 | Tel: 212.336.2000
© 2026 Patterson Belknap Webb & Tyler LLP. All rights reserved. Attorney Advertising. Website Credits