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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…
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…
Healthcare Fraud Recoveries at All-Time High Since 2009
January 27, 2014
Healthcare Fraud Recoveries at All-Time High Since 2009
By: Ifrah Law
Fiscal year 2013 marked the fourth consecutive year in which the Department of Justice has recovered at least $2 billion from cases involving charges of healthcare fraud. Make no mistake: these record-setting yields were no accident. The Obama Administration has prioritized busting healthcare fraudsters since it took office, and for good reason. A 2009 analysis by the AHIMA Foundation, estimated that only 3 to 10…
Charges Against Former Virginia Governor McDonnell Brought on by Whistleblower
January 23, 2014
Charges Against Former Virginia Governor McDonnell Brought on by Whistleblower
By: Ifrah Law
The media coverage of this week’s announcement that federal prosecutors have charged former Virginia Governor Robert F. McDonnell and his wife, Maureen, with illegally accepting gifts from a wealthy Richmond area businessman have largely focused on what the Commonwealth’s first family may have given in return. To be sure, the question of whether and how these gifts corrupted the state government is an important one,…
