Dismissive of Dismissal

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 us to an impossible impasse—a game of chicken where reputations, relationships and the balance of power might be forever altered in the context of dismissal. Pursuant to Rule 48(a), “[t]he government may, with leave of court, dismiss an indictment.” Exactly what “leave of court” means in terms of judicial scrutiny is the challenging question. Some…

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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…

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The DOJ Steps Up for Military Families

June 29, 2026

The DOJ Steps Up for Military Families

By: Lauren Scribner

The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 4025a, grants military spouses portability of their professional licenses. That means when a military spouse moves with his or her servicemember to the servicemember’s assigned duty station in a new state, the spouse’s professional license essentially moves with them.[1] In order to take advantage of this license portability benefit in the new state, the SCRA requires…

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Was This Identity Theft? Sixth Circuit Should Limit Meaning of That Term

March 5, 2013

Was This Identity Theft? Sixth Circuit Should Limit Meaning of That Term

By: Nicole Kardell

What’s in a name? When you think of identity theft, you typically think of someone taking a person’s name plus some other identifiers, like their address and Social Security number or credit card number, to go on a spending spree or drain the victim’s bank account. You may think of fraudulent impersonation. But what if someone falsely stated that another person gave him permission to…

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Va. Court Declines to Decide Status of Poker Under State’s Gambling Law

March 4, 2013

Va. Court Declines to Decide Status of Poker Under State’s Gambling Law

By: Ifrah Law

On February 28, 2013, the Virginia Supreme Court issued an opinion in which it declined to address the legality of playing poker in the state but left open the possibility for the issue to be decided in a future case. The full opinion in the case, Daniels v. Mobley, is available here. Charles Daniels, a former poker hall operator who operated charitable bingo halls in…

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This Gaming Case Didn’t Have to Be Prosecuted

February 26, 2013

This Gaming Case Didn’t Have to Be Prosecuted

By: Ifrah Law

A Nevada man now has a criminal record – simply because he placed a bet in a casino in Las Vegas and a casino employee didn’t ask him enough questions. Robert Walker recently pleaded guilty in federal court to one misdemeanor count involving a record-keeping violation and was sentenced to one year of unsupervised probation. He was also ordered to pay a $250 fine and…

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Does ‘Speech or Debate’ Trump the Right to Defend Oneself in Court?

February 20, 2013

Does ‘Speech or Debate’ Trump the Right to Defend Oneself in Court?

By: Jeffrey Hamlin

On February 5, 2013, the Bipartisan Legal Advisory Group of the U.S. House of Representatives filed a brief urging the U.S. Court of Appeals for the D.C. Circuit to hold that U.S. legislators and their aides cannot be forced to testify about their legislative activities, even when their expected testimony might help exonerate a criminal defendant. The case raises interesting questions about the balancing of…

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Domain Name Seizure – It’s Not Just a U.S. Law Enforcement Tactic

February 12, 2013

Domain Name Seizure – It’s Not Just a U.S. Law Enforcement Tactic

By: Ifrah Law

We have previously reported in this space about the use of domain name seizures by American law enforcement – for example, here and here.  Recent media reports show that domain name seizure has become the go-to tactic for law enforcement for other countries as well. Canadian police made a series of arrests during an invitation-only Super Bowl party attended by 2300 people as part of…

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Articles and Presentations by Our Firm Attorneys

Dismissive of Dismissal

Dismissive of Dismissal
By: James Trusty

In the age of AI, litigators must read between the lines—literally.

In the age of AI, litigators must read between the lines—literally.
By: Robert Ward

The DOJ Steps Up for Military Families

The DOJ Steps Up for Military Families
By: Lauren Scribner

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