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Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege

Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege

June 30, 2025

Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege

By: James Trusty

During the pre-indictment period in which I was one of President Trump’s lawyers, there was a considerable amount of then-sealed litigation over the Special Counsel Office’s (“SCO”) insatiable search for incriminating evidence. We regularly found ourselves fighting against prosecutors providing ex parte information to the Court in support of their singular claims that Donald J. Trump did not have the same legal privileges as almost anyone else in the history of our country. One of the more maddening moments during these battles was when a U.S. District Court judge chastised me for not “addressing the facts,” when all of the pertinent facts were hidden from the president’s lawyers. Make no mistake, the hostility towards President Trump and his counsel led…

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AI Conversations Feel Private. Could They Be Privileged?

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…

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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…

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A Tale of Two Courts

February 16, 2024

A Tale of Two Courts

By: James Trusty

Much has been made of the contemptuous and combustible combination of former President Trump and Manhattan Supreme Court Judge Arthur Engoran, the trial judge in the New York “fraud” case that imperils Trump’s ability to do business in New York. This week we got a glimpse into a different proceeding involving an extremely opinionated subject of an accusation—District Attorney Fanni Willis—presided over by Fulton County…

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A Scandal’s Fine Print

January 19, 2024

A Scandal’s Fine Print

By: James Trusty

The recent filing of a motion for disqualification and for dismissal of the Georgia RICO case involving former President Trump is getting plenty of attention for its salacious details. And indeed, a District Attorney selecting an underqualified love-interest to serve as Special Prosecutor is newsworthy stuff, particularly with Mr. Wade filing for divorce just one day after his questionable appointment. But the real story—the precise…

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ABA Updates Guidance on Witness Prep

December 29, 2023

ABA Updates Guidance on Witness Prep

By: George Calhoun

Witness preparation is often a key part of preparing for trial. Counsel often engages in mock examinations and practice sessions to help a witness prepare for trial.  Such preparation, however, runs the risk of making the witness sound insincere and coached.  Sometimes, it may veer all the way into improper coaching of a witness.  This system of witness preparation is relatively unique to the United…

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No Need for Speed

December 14, 2023

No Need for Speed

By: James Trusty

In most U.S. District Courts, the trial date for a defendant who is not incarcerated is typically many months—and often easily over a year—from the time of his or her initial appearance after indictment. Many trials are resolved by plea agreements without ever having set a “real” trial date. There is lip service to the constitutional notion of a Speedy Trial, and the easily avoidable…

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Human Trafficking Blindspot

November 27, 2023

Human Trafficking Blindspot

By: James Trusty

For many years now, state and federal prosecutors have become increasingly aware of the insidious nature of sexual and labor trafficking. Victimization is cultivated by strong, threatening, and cunning traffickers. Gangs have increasingly turned to sex trafficking as a source of illicit income with low visibility—a trade that does not “bring the heat” to the criminal enterprise in the same way that drug trafficking and…

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Articles and Presentations by Our Firm Attorneys

Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege

Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
By: James Trusty

AI Conversations Feel Private. Could They Be Privileged?

AI Conversations Feel Private. Could They Be Privileged?
By: Robert Ward

It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism

It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism
By: Sara Dalsheim

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