Through the Looking Glasses: Will the Public Accept Meta Ray-Bans?
What do a plastic grocery sack and a pair of Meta Ray-Bans have in common? The harm they can do to others who are powerless to their use. A grocer may pack a shopper’s groceries in a disposable plastic bag, and the shopper may be fine with the packing – the bag is cheap for…
Read MoreThe New Corporate Enforcement Blueprint: DOJ’s “First-Ever” Department-Wide Corporate Enforcement Policy
Understanding the DOJ’s New Corporate Enforcement Framework On March 10, 2026, just weeks after the U.S. Attorney’s Office for the Southern District of New York (SDNY) released its updated voluntary corporate self-disclosure program for fraud and financial misconduct, the Department of Justice introduced its first Department‑wide Corporate Enforcement Policy (CEP). The CEP establishes a uniform…
Read MoreABA White Collar Conference: Political Commentary vs. Best Practices
This year’s ABA White Collar conference in San Diego displayed a good number of the usual suspects in these week-long educational echo chambers: smug moments of schadenfreude when panelists smirk at Trump administration missteps, not-so-subtle calls to arms by former prosecutors who hoist the “Rule of Law” banner, and former Southern District of New York…
Read MoreChatbots, Copyrights, and the Courts: The Latest in Litigation Developments in the Cases Against OpenAI
Litigation Update: Open AI’s Discovery Woes and Fair Use Defenses in Infringement Lawsuits Since its formation in 2015, the artificial intelligence company “Open AI” – most known for its creation of the widely used chatbot, “ChatGPT” – has faced its fair share of legal disputes. Two of the most notorious lawsuits, one filed by the…
Read MoreThe Truth Will Out – Even About Mar-a-Lago
The Truth Will Out is a fairly obscure phrase that was popularized in Shakespeare’s “The Merchant of Venice.” It suggests that even against the most active obstruction and obfuscation, the Truth seemingly has an invisible hand behind it that relentlessly—if slowly—pushes it into plain view. Nearly 2 ½ years after the FBI’s raid on Mar-a-Lago,…
Read MoreWhite-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance
For years, the U.S. Sentencing Commission’s Guidelines Manual has guided courts through a three-step process to determine the sentence to be imposed. At a high level, that process looked like this: First, the court would calculate the guideline range based on relevant offense conduct and related factors, along with the defendant’s criminal history. Second, the…
Read MorePersonal Information Flo-wing out of Control
In September, a nearly $60 million settlement was reached in Frasco, et al v. Flo Health, Inc., Meta Platforms, Inc., Google, LLC, and Flurry, Inc. The case,[1] a class action filed in 2021, alleged inter alia that Flo Health Inc. (“Flo”), a popular women’s health tracking application estimated to have over 38 million monthly users,…
Read MoreNew Laws for AI Developers: California’s Fork in the AI Regulatory Road
AI Regulation and The Transparency in Frontier Artificial Intelligence Act Artificial intelligence (“AI”) products have become an increasingly significant aspect of U.S. innovation, growth, and development. Generative AI is being used to predict the structure of proteins and other biomolecules in pharmaceutical research,[1] to simulate wargames for the U.S. military,[2] and to drive an estimated…
Read MoreFlirting with Disaster: Kid Glove Treatment of an Assassination Attempt Sets Damaging Example
On a crisp October afternoon while the media focused on P Diddy’s high-profile New York sentencing, a less conspicuous—but more consequential—hearing took place in another federal courthouse, not far from the nation’s capital. Nichola Roske was sentenced for the attempted assassination of at least one Supreme Court associate justice. On June 8, 2022, Roske flew…
Read MoreThis Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
Bankruptcy continues as a favored vehicle for the resolution of mass-tort claims, particularly asbestos-based claims. In two recent cases in Delaware, an often-overlooked issue has raised a red flag concerning the fairness of the trusts proposed in many of these cases. The plan proponents in those cases proposed asbestos trusts that provided that foreign claimants…
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