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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…
Supreme Court to Decide Whether Prosecutors Can Use Pleas to Skirt Constitution
August 11, 2017
Supreme Court to Decide Whether Prosecutors Can Use Pleas to Skirt Constitution
By: Ifrah Law
While the endless portrayal of jury trials in media might indicate otherwise, trials are actually quite rare in the U.S. criminal justice system. With 97% of federal cases ending in pleas, the Atticus Finch conception of American justice has been largely confined to books. Ordinarily, when an accused enters into a plea agreement, he waives his right to appeal his conviction—otherwise, future appeals could require…
Why Banning Criminals from the Web Doesn’t Work
July 21, 2017
Why Banning Criminals from the Web Doesn’t Work
By: Steven Eichorn
A few weeks ago, the Supreme Court issued a unanimous ruling in Packingham v. North Carolina, 137 S. Ct. 1730 (U.S. 2017) invalidating a state law outlawing registered sex offenders from accessing websites which could facilitate offender-minor direct communication. While the majority opinion and concurrence seems grounded in, and specific to, sex offender restrictions, the underlying characterizations and beliefs about websites has far-reaching consequences for…
You Can’t Run From Justice
July 19, 2017
You Can’t Run From Justice
By: Ifrah Law
Just last week, a Kentucky lawyer by the name of Eric Conn was sentenced to twelve years in prison by a federal judge for bribery and theft of government money. Though similar sentences are doled out around the country on a daily basis, this was unique because the defendant was not even in the courtroom. The notion that a judge could sentence a defendant in…
The Lowdown on Takedowns
July 13, 2017
The Lowdown on Takedowns
By: James Trusty
Attorney General Jeff Sessions and a battery of other federal law enforcement officials today announced the “largest health care fraud takedown” in U.S. history, with 412 charged defendants, including 56 doctors, accused of defrauding taxpayers of roughly $1.3 billion. Importantly, the takedown focused on the over-prescription of opioids, a phenomenon that has led to thousands of addictions and overdoses across the U.S. Takedowns like this…
The “Third Party” Catch-22
June 12, 2017
The “Third Party” Catch-22
By: Ifrah Law
As the Department of Justice has been doubling down on law enforcement overreach, the Supreme Court has just decided to hear a case that may limit the use of a common tool that law enforcement uses to infringe upon the privacy rights of innocent people. The case, Carpenter v. United States, arises out of a series of armed robberies in Michigan in 2010 and 2011. …
