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AI Conversations Feel Private. Could They Be Privileged?

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 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…

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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 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…

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DOJ Should Not Withhold Information From Defense in High-Profile Leak Case

November 5, 2012

DOJ Should Not Withhold Information From Defense in High-Profile Leak Case

By: Ifrah Law

Lawyers for Stephen Jin-Woo Kim, a former federal contractor employee accused of unlawfully disclosing sensitive information, recently filed a motion in the U.S. District Court for the District of Columbia criticizing the government’s withholding of information in the case and asking the court to order the government to produce the documents. The government should not be permitted to withhold this type of valuable, discoverable information…

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Judge Rakoff and the Emperor’s New Clothes

October 29, 2012

Judge Rakoff and the Emperor’s New Clothes

By: Ifrah Law

On October 24, 2012, U.S. District Judge Jed Rakoff sentenced Rajat Gupta to 24 months after he was found guilty by a jury of one count of conspiracy and three counts of substantive securities fraud, in connection with providing material non-public information to convicted inside trader Raj Rajratnam. This two-year prison sentence was substantially below the applicable advisory range under the United States Sentencing Guidelines…

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Reid-Kyl Bill Would Legalize Online Poker at Federal Level

October 24, 2012

Reid-Kyl Bill Would Legalize Online Poker at Federal Level

By: Ifrah Law

A draft of the online poker bill that Sen. Harry Reid (D-Nev.) and Sen. Jon Kyl (R-Ariz.) plan to introduce was released this week. The bill, known as the “Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012” would legalize online poker at the federal level, a step that became possible last December when the U.S. Department of Justice released an opinion…

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DOJ Opinion on Key FCPA Issue Makes Sense, But What’s Next?

October 17, 2012

DOJ Opinion on Key FCPA Issue Makes Sense, But What’s Next?

By: Ifrah Law

We have previously advocated for the Department of Justice to employ a more narrow reading of the term “foreign official” in the Foreign Corrupt Practices Act. Therefore, we were pleased to see that the DOJ recently issued an opinion that parsed the definition and came to the conclusion that a member of a foreign royal family was not a “foreign official” under the FCPA. Although…

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Libya Loses Court Battle Over Its Own ‘Libyan Embassy’ Trademark

September 19, 2012

Libya Loses Court Battle Over Its Own ‘Libyan Embassy’ Trademark

By: Ifrah Law

In an interesting recent opinion, the U.S. District Court for the District of Columbia rebuffed the Libyan Government’s bid to obtain a transfer to it of the domain name registration for libyanembassy.com from a “legalization expeditor” – a company that certifies documents as one step in the process of international legalization of documents (such as foreign birth certificates). The Libyan Government brought an action under…

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Articles and Presentations by Our Firm Attorneys

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

A Luigi Mangione Death Penalty Trial

A Luigi Mangione Death Penalty Trial
By: James Trusty

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