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Overrun and Overreach: the New Challenge to Grand Jury Subpoenas
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March 26, 2026
Overrun and Overreach: the New Challenge to Grand Jury Subpoenas
By: James Trusty
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 against the client. Because the legal standard to justify issuing a subpoena is so low, an outright fight against the prosecutor issuing the subpoena is extremely uphill. A motion to quash is only granted “if compliance would be unreasonable or oppressive.”[1]Until a couple of weeks ago, that framework usually translated into successful challenges only when the subpoena’s request was so broad in terms of substance…
Through the Looking Glasses: Will the Public Accept Meta Ray-Bans?
March 17, 2026
Through the Looking Glasses: Will the Public Accept Meta Ray-Bans?
By: Nicole Kardell
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 both. But the environment ends up paying a hefty toll…
The New Corporate Enforcement Blueprint: DOJ’s “First-Ever” Department-Wide Corporate Enforcement Policy
March 16, 2026
The New Corporate Enforcement Blueprint: DOJ’s “First-Ever” Department-Wide Corporate Enforcement Policy
By: Robert Ward
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 approach for evaluating voluntary disclosures and cooperation across all DOJ…
Deputy AG Rod Rosenstein to Make First Supreme Court Appearance in Sentencing Case, Even as Rumors Continue to Swirl of Potential Firing
April 23, 2018
Deputy AG Rod Rosenstein to Make First Supreme Court Appearance in Sentencing Case, Even as Rumors Continue to Swirl of Potential Firing
By: Ifrah Law
Deputy Attorney General Rod Rosenstein will be arguing before the Supreme Court today for the first time in his nearly thirty-year government career even as rumors abound that Donald Trump is talking about firing him to cut off investigations into his administration’s Russia ties. Although the United States is usually represented before the Supreme Court by the Solicitor General, it is not uncommon for…
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…
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…
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…
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?…
