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AI Conversations Feel Private. Could They Be Privileged?
FEATURED
June 11, 2025
AI Conversations Feel Private. Could They Be Privileged?
By: Robert Ward
The New York Times’ lawsuit against OpenAI continues to spark debate, and not just about copyright. Most recently, a federal magistrate judge ordered OpenAI to preserve chats that the company might otherwise have deleted at a user’s request. In response, OpenAI CEO Sam Altman suggested that it may be time for a version of the attorney-client or physician-patient privilege, but for AI. While any attempt to define such an “AI privilege” would involve tackling difficult questions about our relationships with AI systems, the more likely barrier will be the general reluctance to recognize new evidentiary privileges, particularly in federal courts. The expansive AI privilege Altman appears to envision is therefore unlikely to materialize any time soon. The premise of Altman’s…
It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism
May 19, 2025
It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism
By: Sara Dalsheim
Government efficiency and spending is a hot topic of controversy in the United States. But even in the context of heated “DOGE” fights, there are proven examples of government efficiency and reduced spending that are clearly working—the passing of measures like the Second Chance and First Step Acts in an effort for mass incarceration and recidivism reduction. The U.S. government spends a total of $80.7…
A Luigi Mangione Death Penalty Trial
April 15, 2025
A Luigi Mangione Death Penalty Trial
By: James Trusty
The Attorney General’s recent announcement that DOJ will seek the death penalty against Luigi Mangione raises a host of interesting legal and philosophical issues, and it almost certainly reflects a dramatic about-face from the Biden administration’s approach towards federal prosecutions for death-eligible offenses. Aside from having personally prosecuted three death penalty trials while I was an Assistant U.S. Attorney in Maryland and when I was…
Jeff Ifrah Presents on the Future of Online Gaming at J.P. Morgan Global High Yield & Leveraged Finance Conference
February 26, 2014
Jeff Ifrah Presents on the Future of Online Gaming at J.P. Morgan Global High Yield & Leveraged Finance Conference
By: Michelle Cohen
Yesterday, at the annual J. P. Morgan Global High Yield & Leveraged Finance Conference in Miami Beach, Florida, Ifrah Law Founding Member Jeff Ifrah shared his predictions for the growing online gaming industry in the U.S. and in Europe. Susan Berliner, an analyst with J.P. Morgan who covers gaming and lodging, moderated the panel, which also included Marc Falcone, CFO of Fertitta Entertainment/Station Casinos, and…
Banks Shy Away From Processing Marijuana Transactions in Colorado – Will Anyone Step Up?
February 21, 2014
Banks Shy Away From Processing Marijuana Transactions in Colorado – Will Anyone Step Up?
By: Steven Eichorn
Last Friday, the Department of Justice (DOJ) and the Department of Treasury, Financial Crimes Enforcement Network (FinCen), both published new guidance in connection with the legalization of recreational marijuana in Colorado. Because marijuana use remains illegal under federal law, the banking industry is prohibited from servicing any marijuana-related bank accounts. This forces the recreational marijuana industry to operate on an all-cash basis, which increases public…
Wild, Wild West: The Legalization of Marijuana Brings Lots Of Regulatory Concerns
February 12, 2014
Wild, Wild West: The Legalization of Marijuana Brings Lots Of Regulatory Concerns
By: Steven Eichorn
The beginning of 2014 has brought many new laws into effect and we have written on a number of them. But few laws have received more mainstream media exposure than Colorado’s legalization of recreational marijuana. Of more importance to us, the legalization of recreational marijuana has posed some interesting problems for regulators. The most obvious effect of the law was to allow the recreational use…
Recent Ruling May Put Dent In Ability of Government to Seize Domain Names
February 10, 2014
Recent Ruling May Put Dent In Ability of Government to Seize Domain Names
By: Ifrah Law
A November 2013 ruling from the United States District Court in a bankruptcy case may create an obstacle for a tactic increasingly popular among federal prosecutors – the seizure of a defendant company’s domain name. The statutes permitting civil and criminal forfeiture in U.S. District Courts – Title 18, United States Code Sections 981 and 983, respectively – both authorize seizure of “property.” In a…
Can Violating Social Media Terms of Use Make You Guilty of Violating the CFAA?
January 29, 2014
Can Violating Social Media Terms of Use Make You Guilty of Violating the CFAA?
By: Ifrah Law
LinkedIn has filed a suit against John Does in response to a spate of “data scraping” perpetrated by unknown individuals, in violation of the website’s terms and conditions.This is the latest federal case in the Northern District of California in which a tech company seeks to enforce its contractual provisions through the criminal statute Computer Fraud and Abuse Act (CFAA). Starting in May 2013, unidentified…
