Insights < BACK TO ALL INSIGHTS
Investigations Posts
Murdaugh She Wrote
May 21, 2026
Murdaugh She Wrote
As the information regarding Alex Murdaugh’s conniving, murderous ways began to spread far beyond the Lowcountry of South Carolina and into the cable and social media airwaves, a curious and ominous thing took root. The temptation of star power and riches slumped stealthily behind the public face of the proceedings, causing a low-level bureaucrat to…
SPLC’s Informant Program – is Dangerously Unwise the Same as Unlawful?
May 11, 2026
SPLC’s Informant Program – is Dangerously Unwise the Same as Unlawful?
THE INDICTMENT On April 21, 2026, the Southern Poverty Law Center (SPLC), a nonprofit civil rights organization that works to “create a multiracial democracy” by “fight[ing] white supremacy and various forms of injustice”[1] was charged in an 11-count indictment[2] in the Middle District of Alabama. The indictment alleges that the SPLC operated “a covert network…
Overrun and Overreach: the New Challenge to Grand Jury Subpoenas
Mar 26, 2026
Overrun and Overreach: the New Challenge to Grand Jury Subpoenas
Most criminal law practitioners are quite familiar with clients receiving grand jury subpoenas. There are rituals we go through to figure out whether it’s a “friendly” subpoena, i.e. just trying to get business records from the client to be used against some other target, or whether it’s the visible start of a potential criminal prosecution…
Through the Looking Glasses: Will the Public Accept Meta Ray-Bans?
Mar 17, 2026
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…
The New Corporate Enforcement Blueprint: DOJ’s “First-Ever” Department-Wide Corporate Enforcement Policy
Mar 16, 2026
The 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…
ABA White Collar Conference: Political Commentary vs. Best Practices
Mar 16, 2026
ABA 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…
Chatbots, Copyrights, and the Courts: The Latest in Litigation Developments in the Cases Against OpenAI
Jan 5, 2026
Chatbots, 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…
The Truth Will Out – Even About Mar-a-Lago
Dec 27, 2025
The 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,…
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,…
