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Investigations Posts
White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance
Nov 12, 2025
White-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…
Personal Information Flo-wing out of Control
Oct 20, 2025
Personal 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,…
New Laws for AI Developers: California’s Fork in the AI Regulatory Road
Oct 16, 2025
New 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…
Flirting with Disaster: Kid Glove Treatment of an Assassination Attempt Sets Damaging Example
Oct 6, 2025
Flirting 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…
This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
Aug 25, 2025
This 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…
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
Jul 29, 2025
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
Americans are used to a considerable level of dirty tricks when it comes to politics. Occasionally, however, a legal line is crossed and a high-level official is either chased out of office, subjected to a criminal prosecution, or both. Ask Richard Nixon, Marvin Mandel, and Bob Menendez. Despite the predictable proclamation from prominent democrats that…
Baltimoronic Investigation
Jul 8, 2025
Baltimoronic Investigation
June 24, 2025, may mark the day that the criminal justice system for Baltimore, Maryland finally established its lunacy. If the allegations are correct, an employee of Pretrial Services committed what Maryland officials view as a cardinal sin—he or she let ICE know that there was an illegal alien coming to the office. Armed with…
Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
Jun 30, 2025
Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
During the pre-indictment period in which I was one of President Trump’s lawyers, there was a considerable amount of then-sealed litigation over the Special Counsel Office’s (“SCO”) insatiable search for incriminating evidence. We regularly found ourselves fighting against prosecutors providing ex parte information to the Court in support of their singular claims that Donald J….
Maryland Moving at a Misguided PACE
Mar 14, 2025
Maryland Moving at a Misguided PACE
Maryland legislature is considering passing a law ineptly called the Protecting the Admissibility of Creative Expression (“PACE Act”) which would limit the use of rap lyrics, among other forms of expression, in criminal and juvenile proceedings. While prosecution use of rap lyrics in criminal trials is a bit uncommon, the state house move here is…
How Thick is the Blanket? – Preemptive Pardons as a Presidential Power
Dec 6, 2024
How Thick is the Blanket? – Preemptive Pardons as a Presidential Power
As the presiding judge scolded Hunter Biden’s attorneys this week, “The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States, U.S. Const. art. II, § 2, cl. 1, but nowhere does the Constitution give the President the authority to rewrite history.”[1] But what exactly is that…
