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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…
What Happens When Big Data and Scientific Approach Meet Criminal Justice?
May 21, 2013
What Happens When Big Data and Scientific Approach Meet Criminal Justice?
By: Jeff Ifrah
A Houston couple is giving an estimated $4 billion in the next few years to try to solve some of the nation’s social problems by the application of careful thought and statistical analysis – and the criminal justice system is one of their targets. John and Laura Arnold have that much to give away because John, still only 39 years old, made a vast fortune…
More Enron Fallout: Skilling and DOJ Enter Agreement to Reduce Sentence
May 9, 2013
More Enron Fallout: Skilling and DOJ Enter Agreement to Reduce Sentence
By: Jeffrey Hamlin
Former Enron executive Jeffrey Skilling reportedly has negotiated a deal with federal prosecutors that is likely to result in a significant reduction of the prison sentence he will serve for his role in the collapse of Enron. Under the new agreement, Skilling faces between 14 and 17.5 years in prison — a 27 to 42 percent reduction relative to his previous sentence of 24 years….
Appeals Court Set to Consider Key Sentencing Issue on Profits Derived From Fraud
May 7, 2013
Appeals Court Set to Consider Key Sentencing Issue on Profits Derived From Fraud
By: Ifrah Law
The U.S. Court of Appeals for the 3rd Circuit is currently considering a sentencing issue of great significance in cases in which a number of individuals work together to bring about a financial fraud. The question posed is the extent to which a defendant can and/or should be punished based on the profits made through the fraud when the defendant did not receive as much…
Let the Games Begin: Legal Online Poker Starts Up in Nevada
May 1, 2013
Let the Games Begin: Legal Online Poker Starts Up in Nevada
By: Ifrah Law
April 30 was an historic day for online poker players in the United States. Just a bit more than two years after the indictment and civil cases that were termed “Black Friday” shut down the industry, Ultimate Poker became the first live real-money online poker site in the United States after Black Friday. Nevada became the first state to legalize online poker in June 2011,…
DOJ Notice Hints at a Sentencing Deal With Former Enron Exec Jeffrey Skilling
April 29, 2013
DOJ Notice Hints at a Sentencing Deal With Former Enron Exec Jeffrey Skilling
By: Nicole Kardell
Justice may or may not be blind; but she can buckle under pressure. It may take years, millions of dollars and armies of attorneys, but if you have the resources to test her mettle, you too may tip the balance in your favor. Almost seven years after his conviction on fraud and other charges, former Enron executive Jeffrey Skilling may finally be succeeding in his…
