Brief filed: 10/03/2016
Ditech v. Buckles
Supreme Court of the State of Nevada; Case No. 70475
On certification from the U.S. District Court for the District of Nevada, No. 2:15-cv-01581-GMN-(CWH).
The court should interpret Nevada law to avoid any conflict with constitutional principles. Fundamental principles of federalism and due process preclude the extraterritorial application of Nevada law to out-of-state conduct at issue here – the unilateral recording of a telephone call where the call is placed in a jurisdiction where that is permitted. The federal structure of the United States precludes state regulation and criminalization of lawful conduct in other states. Due Process precludes any state from criminalizing conduct that occurs out-of-state and is legal where is occurs. Modern telecommunication technology and practices exacerbate the due process violation. The Commerce Clause precludes extraterritorial regulation of the use of an instrumentality of interstate commerce. Buckles proposes a facially unconstitutional direct regulation of interstate commerce. The threat of inconsistent regulation would further invalidate extraterritorial application of Nevada's standards to Ditech's conduct. Using interstate telecommunications networks to project state-law authority into other states would turn settled notions of the federal-state allocation of power upside down. Congress has occupied the field of privacy regulation of interstate telecommunications. Any extraterritorial extension of NRS 200.620 should be prospective only.
This is a sponsored ad
Manage Your Law Firm All in One Place
Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
NACDL 2024 Annual Pass - All CLE Institute Programs
NACDL's 2024 Annual Pass gives you full access to the recordings of every CLE Institue live training seminar held in 2024! That means every CLE speech, presentation and training - along with all accompanying written materials - is yours for over 50% off! With this exclusive pass, you gain unlimited access to a treasure-trove of recent NACDL Trial Skills training that will help you win more cases!
A Defender's Guide to Federal Evidence - 2nd Edition
This brand-new 2nd Edition 2024 Guide to Federal Evidence is the only federal evidence handbook written exclusively for criminal defense lawyers. The updated 2024 Guide analyzes each Federal Rule of Evidence and outlines the main evidentiary issues that confront criminal defense lawyers. It also summarizes countless defense favorable cases and provides tips on how to avoid common evidentiary pitfalls. The 2nd Edition Guide contains multiple new and updated user-friendly flowcharts aimed at helping the criminal defense lawyer tackle evidence problems.
Sexual Assault Trial Skills Training Collection - 40+ Hours of Content!
NACDL's "Sexual Assault Trial Skills Training Collection" is the definitive aggregation of our 4 highest-rated and most current Sex Cases CLE trainings (2019, 2021, 2022 & 2023 ed.) and contains our most comprehensive and up-to-date assembly of sex cases trainings that NACDL has ever put together! Containing 49 separate trial skills trainings, thousands of pages of written materials and over 40+ hours of practical and pragmatic content, this collection guides you through the most intimidating sexual assault criminal trial topics.
Donald M. Falk, Mayer Brown LLP, Palo Alto, CA; Robin E. Wechkin, Sidley Austin LLP, Seattle, WA; Tamara Beatty Peterson, Peterson Hope, PLLC, Las Vegas, NV.