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California: Unlawfully Employed Worker Denied Right to Seek Remedy for Discrimination

In a published opinion the 3rd Appellate District has held an employee who alleged discrimination by his employer on the basis of a work related injury and or disability was not entitled to maintain the cause of action based on the “after acquired evidence” which showed the employee was not...

Tax Court Finds Fraud Based, in Part, On Negative Inference from Fifth Amendment Assertion

In Loren-Maltese v. Commissioner, T.C. Memo. 2012-214 , the Tax Court introduces the legal issues as follows: It's the facts that make this case interesting, but there are three issues of law that color its background: the general rules of tax fraud, the proper tax treatment of money taken by...

Ninth Circuit Oral Argument on Act of Production Doctrine

The Record, a California legal publication, reports on oral argument in a case involved the act of production doctrine which says, in effect, that although the contents of documents may not be privileged, a witness under compulsion to produce the documents via subpoena or summons still has a Fifth Amendment...

Invoking the Fifth - the House Oversight Inquisition

Most readers will already know that Lois Lerner, a manager in the IRS division processing Section 501(c)(4) exempt organizations applications, invoked her 5th Amendment privilege in the House Oversight Committee public investigation (more akin to an inquisition than an objective search for truth). The...

Kansas v. Cheever: A Defendant's Fifth Amendment Rights and Opening the Door Through the Use of Psychiatric Testimony

In this commentary, Jay Shapiro, Co-chair, White Collar Defense, Investigations and Corporate Compliance Group, White & Williams LLP, analyzes the U.S. Supreme Court's recent decision in Kansas v. Cheever , in which the Court held that admitting criminal defendant's statements during a court...

Yet Another Government Victory on the Required Records Doctrine

We have another required records opinion, this time from the Second Circuit. In re: Grand Jury Subpoena Dated February 2, 2012 , ___ F.3d ___, 2013 U.S.App. LEXIS 25316 (2d Cir. 12/19/13), here . I have not studied the opinion but my quick perusal of it saw nothing new in the basic analysis. The opinion...

Fifth Amendment and Immunity in Congressional Hearings

Since the Darrell Issa witch hunt is back in the news regarding Lois Lerner's invocation of her Fifth Amendment [ enhanced version available to lexis.com subscribers ] privilege, I thought I would remind readers of the following blog entry earlier when this nonsense flared up. Invoking the Fifth...