Insights < BACK TO ALL INSIGHTS
Maryland Moving at a Misguided PACE
FEATURED
March 14, 2025
Maryland Moving at a Misguided PACE
By: James Trusty
Maryland legislature is considering passing a law ineptly called the Protecting the Admissibility of Creative Expression (“PACE Act”) which would limit the use of rap lyrics, among other forms of expression, in criminal and juvenile proceedings. While prosecution use of rap lyrics in criminal trials is a bit uncommon, the state house move here is in reaction to a 2020 murder case in which a defendant’s post-arrest rap about killing “snitches” with a “.40” may have weighed heavily in the jury’s conviction. In Montague v. State, 471 Md. 657 Md. 2020) the Maryland Supreme Court affirmed the trial court’s ruling that Montague’s ruminations about murder and using a .40 caliber weapon—made from a jail phone after his arrest—was not an…
My Brother’s Keeper
February 20, 2025
My Brother’s Keeper
By: Abbey Block
Am I my brother’s keeper? Or more specifically, can lawyers be sued for their clients’ bad behavior? A newly proposed bill out of Washington state says yes. The bill, HB 1891, provides the following legal framework, under which an attorney can be sued for injuries caused by his or her client who is released from detention pending trial: Any person injured by an individual who…
DOJ Memo Sneaks In Seismic Changes
January 31, 2025
DOJ Memo Sneaks In Seismic Changes
By: James Trusty
Amidst the tidal wave of Executive Orders, presidential appointments, and policy announcements, it is easy to treat last week’s Interim Policy Memo from the Acting Deputy Attorney General[1] as just another ripple of nominal change that occurs when democrats replace republicans or republicans replace democrats. And, indeed, although there are portions of it that reflect the recurring philosophical tug-of-war over the tough on crime approach…
Executive’s Internet Searches Give SEC the Road Map to Make an Arrest
August 17, 2012
Executive’s Internet Searches Give SEC the Road Map to Make an Arrest
By: Ifrah Law
The U.S. Securities and Exchange Commission has charged an executive at Bristol-Myers Squibb with insider trading, citing his Internet searches as support that he tried to cover up his illegal acts. As a high-level executive in the treasury department at Bristol-Myers Squibb, Robert D. Ramnarine helped the company target, evaluate, and acquire other pharmaceutical companies. The SEC’s complaint, filed in U.S. District Court in New…
Judge Clamps Down on DOJ Efforts to Apply U.S. Law Abroad
August 6, 2012
Judge Clamps Down on DOJ Efforts to Apply U.S. Law Abroad
By: Ifrah Law
The U.S. Department of Justice’s recent boasts about rigorous enforcement of the securities laws ran into a significant obstacle this month when a federal judge in Washington, D.C., dismissed part of a $50 million securities fraud case and accused DOJ prosecutors of overreaching. In an increasingly global economy, the case is a good measure of the limits on the ability of the United States government…
Department of Justice Enters Historic Agreement with PokerStars, Full Tilt Poker
July 31, 2012
Department of Justice Enters Historic Agreement with PokerStars, Full Tilt Poker
By: Jeff Ifrah
Full Tilt Poker, PokerStars, and the U.S. Department of Justice announced today that PokerStars will acquire Full Tilt Poker’s assets in a transaction that ends the DOJ’s civil forfeiture case against Full Tilt. Both Full Tilt and PokerStars ran online poker sites in the U.S., and in 2011 the DOJ charged both of them with violating U.S. anti-gambling laws. Jeff Ifrah, founding partner of Ifrah…
After Legislature Acts, Delaware Ready to Become 2nd State to Legalize Online Gaming
June 29, 2012
After Legislature Acts, Delaware Ready to Become 2nd State to Legalize Online Gaming
By: Ifrah Law
Delaware is now poised to become the second state to legalize online gaming. On Wednesday, that state’s Senate passed a bill that would legalize web table games, including poker, video lottery games, and traditional lottery games to be offered online. Democratic Governor Jack Markell supports the bill and is expected to sign it into law soon. Earlier in the month the bill passed the state’s…
Appellate Court Casts Doubt on Acceptability of ‘Obey-the Law’ Injunctions
June 25, 2012
Appellate Court Casts Doubt on Acceptability of ‘Obey-the Law’ Injunctions
By: Jeff Ifrah
We recently blogged about the recent decision of the U.S. Court of Appeals for the 11th Circuit in Securities and Exchange Commission v. Goble, 2012 WL 1918819 (11th Cir. May 29, 2012). There, we discussed the appeals court’s limitation on the reach of the concept of “securities fraud” under Section 10(b) of the Exchange Act and Rule 10b(5). Another aspect of that case is also…
