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White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance
FEATURED
November 12, 2025
White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance
By: Robert Ward
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 court would consider the Sentencing Commission’s policy statements or commentary relating to “departures” from the guidelines as well as the defendant’s specific personal characteristics. Third, and finally, the court would consider the statutory factors set out in 18 U.S.C. § 3553(a) in determining the sentence to be imposed (whether within the guideline range or varying in either direction). As of November 1, 2025, this three-step…
Personal Information Flo-wing out of Control
October 20, 2025
Personal Information Flo-wing out of Control
By: Lauren Scribner
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, invaded the privacy of its users by sharing personal and…
New Laws for AI Developers: California’s Fork in the AI Regulatory Road
October 16, 2025
New Laws for AI Developers: California’s Fork in the AI Regulatory Road
By: Steven Hess
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 hundreds of billions of dollars of growth in sectors from…
Celebrating 10 Years by Strategizing with the Best
August 6, 2019
Celebrating 10 Years by Strategizing with the Best
By: Nicole Kardell
How do you celebrate ten years of defending people against a criminal justice system that plays with a stacked deck? Bring in a renowned journalist and legal commentator to talk problems and solutions. Emily Bazelon, a staff writer at New York Times Magazine and the Truman Capote Fellow for Creative Writing and Law at Yale Law School, kicked off Ifrah Law’s Ten-Year Anniversary with an…
When a Guilty Plea is a Bad Gamble: SCOTUS Weighs in on Double Jeopardy and the Dual Sovereignty Rule
June 19, 2019
When a Guilty Plea is a Bad Gamble: SCOTUS Weighs in on Double Jeopardy and the Dual Sovereignty Rule
By: James Trusty
On Monday, the Supreme Court handed down Gamble v. United States, No. 17-646, an interesting decision on Double Jeopardy with practical and predictive ramifications beyond its limited facts. Terance Martez Gamble was caught possessing a loaded handgun in Mobile, Alabama, after previously having been convicted for robbery. He pleaded guilty and received one year in jail. Federal prosecutors then indicted him for felon-in-possession, based upon…
Tyson KO’s Indiana: How a Self-Described Junkie Found Nine New Friends in the Supreme Court
February 20, 2019
Tyson KO’s Indiana: How a Self-Described Junkie Found Nine New Friends in the Supreme Court
By: James Trusty
There’s a saying that many prosecutors know as an exhortation to “take the long view” and to use discretion even where the law seems to permit an aggressive approach—it’s that “bad facts make bad law.” In the case of Indiana prosecutors seeking to cash in on a car seizure from a low-level drug dealer, their failure to back-down from a harsh forfeiture unified the Supreme…
The Cliffhanger – Paul Manafort’s Sentencing Drama
February 14, 2019
The Cliffhanger – Paul Manafort’s Sentencing Drama
By: James Trusty
A hit man walks into a restaurant where Tony Soprano and his family are eating dinner while the jukebox blares a Journey song. The last show of the highly successful series ends with an abrupt cut to black before the audience knows the fate of Tony and his family. The end of The Sopranos series was both ominous and frustrating. In a federal criminal court,…
New York AG Puts Crypto Exchanges in the Crosshairs
December 28, 2018
New York AG Puts Crypto Exchanges in the Crosshairs
By: George Calhoun
Following on the heels of the SEC’s announcement of subpoenas to crypto exchanges and token issuers, yesterday New York Attorney General Eric Schneiderman announced “the Virtual Markets Integrity Initiative,” which he described as “a fact-finding inquiry into the policies and practices of platforms used by consumers to trade virtual or ‘crypto’ currencies like bitcoin and ether.” The first phase of the initiative appears to be…
