White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance

White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance

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…

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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…

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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…

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Congress Passes the Allow States and Victims to Fight Online Sex Trafficking Act of 2017

March 26, 2018

Congress Passes the Allow States and Victims to Fight Online Sex Trafficking Act of 2017

By: Jeffrey Hamlin

As of March 21, 2018, both chambers of Congress have approved H.R. 1865—the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA). In a rare show of bipartisanship, both Houses approved the bill with veto-proof majorities—the House by a vote of 388 to 25 and the Senate by a vote of 97 to 2. But some free-speech advocates, internet-law experts, and…

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SEC’s Updated Cybersecurity Disclosure Guidelines Leave Questions Unanswered

March 2, 2018

SEC’s Updated Cybersecurity Disclosure Guidelines Leave Questions Unanswered

By: Ifrah Law

As previewed in our previous post, the United States Securities and Exchange Commission (“SEC”) unanimously approved new cybersecurity interpretive guidance—a format used to clarify the SEC’s views on security laws and regulations—on Wednesday of last week. The guidelines make no mention of how they affect and interplay with other regulators’ data privacy requirements, so whether compliance with these guidelines absolves companies of liabilities is a…

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If ICOs are Securities: What Cryptocurrency Issuers, Exchanges and Gatekeepers Need to Know.

March 1, 2018

If ICOs are Securities: What Cryptocurrency Issuers, Exchanges and Gatekeepers Need to Know.

By: Jeff Ifrah

As predicted, the Securities and Exchange Commission (SEC) has taken additional steps to clamp down on the exploding ICO market: yesterday the Wall Street Journal  reported the agency had issued “dozens of subpoenas and information requests to technology companies and advisors.” After repeated warnings from regulators like SEC Chairman Jay Clayton, the SEC is now sending its message loud and clear: every ICO involves the sale…

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Employer Liability for Data Breaches: Avoid Getting Eaten By Your Own

January 31, 2018

Employer Liability for Data Breaches: Avoid Getting Eaten By Your Own

By: Nicole Kardell

When a company suffers a data breach, it is hit with a barrage of issues. For instance, How can it safeguard against another breach? Who should it notify of the breach and when (Authorities? The people whose data was compromised?)? What type of measures should it undertake to minimize possible damage to those whose data was compromised? How can it guard its reputation and brand?…

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Speed Bump or Dead End? The 2018 Retrial Prospects for Sen. Menendez

January 8, 2018

Speed Bump or Dead End? The 2018 Retrial Prospects for Sen. Menendez

By: James Trusty

This holiday season was undoubtedly festive for Senator Bob Menendez, whose corruption trial ended with a deadlocked jury in mid-November.  The Department of Justice (DOJ) has yet to announce whether it will elect to re-try the New Jersey senator, but here are some of the factors they will, and will not, consider in making that decision: The Split In many jury deadlock situations, the judge,…

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Articles and Presentations by Our Firm Attorneys

White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance

White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance
By: Robert Ward

Personal Information Flo-wing out of Control

Personal Information Flo-wing out of Control
By: Lauren Scribner

New Laws for AI Developers: California’s Fork in the AI Regulatory Road

New Laws for AI Developers: California’s Fork in the AI Regulatory Road
By: Steven Hess

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