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A bedrock principle in the appellate world is that the 30-day
deadline to file a notice of appeal is jurisdictional. Fail to
timely file a notice of appeal and you won t get an appeal.
With that warning in mind, the Sixth Circuit recently held that a
notice of appeal, which was rejected for failure to comply with the
court s local rules, sufficed to preserve appellate
jurisdiction.
In
Pierce v. Ocwen Loan Servicing, LLC, the appellant
filed a notice of appeal on the last day of the 30-day period, a
What is a SPAC
Special purpose acquisition companies (SPACs) are on the rise. A
SPAC is a publicly traded shell company with no underlying
operating business that seeks to merge with a target operating
company. According to Nasdaq, in 2015, SPACs made up approximately
12% of the IPO market, but by 2020, that number had risen to
approximately 53%. SPACs are predicted to be an even higher
percentage of the 2021 market share, with SPACs representing 79% of
the January IPOs. In light of the trend, the US Securities Exchange
Commission s Division of Corporation Finance recently issued SPAC disclosure guidance. And as new
leadership takes the helm at the SEC, there has been speculation
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Recently, the Second Circuit remanded a consolidated appeal of
three cases to the district court to consider whether the
government violated
Brady such that new trials should be
granted. In
United States v. Stillwell, Nos.
18-3074, 18-3489, and 19-790, the Second Circuit
(
Cabranes, Raggi, Korman by designation) declined to reach
defendants
Brady claims based on evidence discovered
while the cases were on appeal. Nevertheless, the Court all
but urged the defendants to file post-trial motions for a new trial
on
Brady grounds, and directed the district court to
The Delaware Supreme Court, sitting en banc, unanimously held that a trial court committed reversible error by instructing a jury that a seller of a business could be liable for fraud through.
The Court of Appeals' new rules should
make these kinds of factual inquiries irrelevant in those cases
where acceleration is effected by the filing of a complaint