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Overrun and Overreach: the New Challenge to Grand Jury Subpoenas
FEATURED
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…
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. …
DOJ’s New Charging and Sentencing Policy Will Disproportionately Impact Vulnerable Populations
May 15, 2017
DOJ’s New Charging and Sentencing Policy Will Disproportionately Impact Vulnerable Populations
By: Jeffrey Hamlin
On May 10, 2017, Attorney General Jeff Sessions issued a memorandum that expressly rescinds previous Department of Justice (DOJ) policy and directs federal prosecutors to “charge and pursue the most serious, readily provable offense” against federal defendants. The likely result of this harsher approach to the enforcement of federal drug laws is a return to mass incarceration, with disparate impacts on communities of color and…
When A Threat Becomes A Crime
March 2, 2017
When A Threat Becomes A Crime
By: James Trusty
A Miami Beach man was recently accused of threatening President Trump on Twitter. He sent the threat directly to Secret Service, challenging them to stop his Inauguration Day surprise. They did, and Dominic Puopolo, who used the screen name of Lord Jesus Christ, is now in federal custody. Sending a threat to the President, to an ex-wife, or to a judge is a federal felony, punishable by…
Will Clemency Continue?
February 1, 2017
Will Clemency Continue?
By: Steven Eichorn
There are many big policy changes happening in Washington these days and they receive appropriate press coverage. But, there are also many smaller changes that can have literally life changing effects on citizens, which are not generally reported in the media. One of those smaller changes is whether the Trump administration will revive a clemency program for federal inmates that effectively concluded with the end of…
Alexa and Fifth Amendment Law
January 17, 2017
Alexa and Fifth Amendment Law
By: Ifrah Law
It sits in your house, passively recording everything you say. It knows what you like. It knows what you listen to. It knows what you buy. It knows who’s in the room with you. And now, it might tell the police all about it. “It” is the Amazon Echo, a revolution in the “internet of things.” The Echo is a smart speaker that connects directly…
