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Judging the Judges
FEATURED
October 2, 2026
Judging the Judges
By: Lauren Scribner
Judges are in the business of holding people accountable for crimes and misconduct—but how do we hold judges accountable for their own ethical lapses? Recently, in a moment of frustration, Florida Second Circuit Judge J. Layne Smith told three attorneys practicing in his courtroom that he “would like to tell the deputy to pull his gun and shoot all three of [them] as far as [his] level of frustration right now.”[1] Yes—you read that correctly. A presiding judge vocalized his thought to have attorneys practicing in his courtroom shot by courtroom security. What should the consequence be for using such threatening language? A mere public reprimand and recusal from that case?[2] Or, should there be some sort of tangible punishment?…
Dismissive of Dismissal
September 25, 2026
Dismissive of Dismissal
By: James Trusty
During the two Trump administrations, a trend has begun to emerge of federal judges challenging the once-unrestricted authority of the Department of Justice (DOJ) to dismiss indictments. The longstanding framework of separation of powers suggests this judicial pushback is unsupported activism, but the judges claim the Federal Rules of Criminal Procedure (“Rules”) do not relegate their role to rubber stamping. Ultimately, this trajectory may lead…
In the age of AI, litigators must read between the lines—literally.
August 18, 2026
In the age of AI, litigators must read between the lines—literally.
By: Robert Ward
In the age of AI, litigators must read between the lines—literally. Any attorney who has litigated a case against a party proceeding pro se is familiar with the common refrain that courts liberally construe pro se filings.[1] This leniency was not enough for one Connecticut litigant. In a scheme that gives new meaning to the phrase “reading between the lines,” pro se plaintiff Matthew Elliot…
Employers Seeking to Curb Employee Mobile Phone Use at Work? Don’t Use Illegal Signal Jammer – FCC is “Listening”
March 31, 2014
Employers Seeking to Curb Employee Mobile Phone Use at Work? Don’t Use Illegal Signal Jammer – FCC is “Listening”
By: Michelle Cohen
Some employers, particularly those in manufacturing, health care, and other situations where mobile phone use could interfere with employee safety, have come up with novel approaches to curbing employees’ uses of mobile phones. While a policy restricting personal phone calls and texting may be acceptable, installation of a signal jammer to prevent employees from accessing the network is unlawful and can subject the employer to…
Supreme Court Expands Whistleblower Protection
March 17, 2014
Supreme Court Expands Whistleblower Protection
By: Jeffrey Hamlin
The U.S. Supreme Court recently held that Sarbanes–Oxley extends whistleblower protection, not just to employees of public companies, but to employees of private contractors and subcontractors that serve public companies. In a 6-3 decision, the Court rejected the First Circuit’s narrow construction of the statute in favor of the Labor Department’s more expansive interpretation. Now more than ever, affected contractors and subcontractors need to ensure…
As the Foreign Accounts Tax Compliance Act Takes Hold, U.S. Sees Expatriates at All-Time High
March 12, 2014
As the Foreign Accounts Tax Compliance Act Takes Hold, U.S. Sees Expatriates at All-Time High
By: Nicole Kardell
Are you living the American dream … abroad? If so, you may be considering joining forces with Superman[1] and changing your nationality. You face some unique burdens if you earn a cent while soaking up the sun in Saint Tropez or make a rupee while navigating the marketplace in Mumbai. The most obvious, from a financial perspective, is double taxation. America is one of the…
$76 Million Distributed in Full Tilt Poker Restitution
March 1, 2014
$76 Million Distributed in Full Tilt Poker Restitution
By: Ifrah Law
We have previously reported on the arrangements being made by the Garden City Group for remittance of money to the former customers of Full Tilt Poker. Since that time, there has been a lengthy process for the submission of claims to the group for administration. It appears that players’ waiting has not been all for naught. The Garden City Group reports that, on February 28,…
Omnicare Decision Limits the Reach of False Claims Act
February 28, 2014
Omnicare Decision Limits the Reach of False Claims Act
By: Ifrah Law
A recent decision by the Court of Appeals for the Fourth Circuit limiting the reach of the False Claims Act demonstrates how relators who pursue cases in which the government declines to intervene can end up making law that is unfavorable to the government’s enforcement of that statute. United States ex rel. Rostholder v. Omnicare, Inc., et al., No. 12-2431, a qui tam case alleging…
