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Overrun and Overreach: the New Challenge to Grand Jury Subpoenas
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March 26, 2026
Overrun and Overreach: the New Challenge to Grand Jury Subpoenas
By: James Trusty
Most criminal law practitioners are quite familiar with clients receiving grand jury subpoenas. There are rituals we go through to figure out whether it’s a “friendly” subpoena, i.e. just trying to get business records from the client to be used against some other target, or whether it’s the visible start of a potential criminal prosecution against the client. Because the legal standard to justify issuing a subpoena is so low, an outright fight against the prosecutor issuing the subpoena is extremely uphill. A motion to quash is only granted “if compliance would be unreasonable or oppressive.”[1]Until a couple of weeks ago, that framework usually translated into successful challenges only when the subpoena’s request was so broad in terms of substance…
Through the Looking Glasses: Will the Public Accept Meta Ray-Bans?
March 17, 2026
Through the Looking Glasses: Will the Public Accept Meta Ray-Bans?
By: Nicole Kardell
What do a plastic grocery sack and a pair of Meta Ray-Bans have in common? The harm they can do to others who are powerless to their use. A grocer may pack a shopper’s groceries in a disposable plastic bag, and the shopper may be fine with the packing – the bag is cheap for both. But the environment ends up paying a hefty toll…
The New Corporate Enforcement Blueprint: DOJ’s “First-Ever” Department-Wide Corporate Enforcement Policy
March 16, 2026
The New Corporate Enforcement Blueprint: DOJ’s “First-Ever” Department-Wide Corporate Enforcement Policy
By: Robert Ward
Understanding the DOJ’s New Corporate Enforcement Framework On March 10, 2026, just weeks after the U.S. Attorney’s Office for the Southern District of New York (SDNY) released its updated voluntary corporate self-disclosure program for fraud and financial misconduct, the Department of Justice introduced its first Department‑wide Corporate Enforcement Policy (CEP). The CEP establishes a uniform approach for evaluating voluntary disclosures and cooperation across all DOJ…
Death Penalty Overturned Because of Sleeping, Tweeting Jurors
January 25, 2012
Death Penalty Overturned Because of Sleeping, Tweeting Jurors
By: Jeffrey Hamlin
Contrary to our prediction, the Arkansas Supreme Court has vacated the conviction and sentencing of capital-murder defendant Erickson Dimas-Martinez and remanded the case for a new trial on grounds of juror misconduct. Although the decision is a definite victory for defendants, it may well invite a flood of appeals based on allegations of misconduct, regardless of whether the defendant can demonstrate a reasonable possibility of…
Online Protests Hit Hard Against Anti-Piracy Bills
January 20, 2012
Online Protests Hit Hard Against Anti-Piracy Bills
By: Ifrah Law
Organized online protests over two bills in Congress targeting online copyright infringement — the House’s Stop Online Piracy Act (SOPA) and the Senate’s Protect Intellectual Property Act (PIPA) — seem to have crippled these bills’ progress and ended their chances of becoming law in their present form. We have previously written about the protests mounting against the bills. Just this week, high-profile protests cropped up…
New DOJ Opinion Paves Way to Legal Online Poker
December 26, 2011
New DOJ Opinion Paves Way to Legal Online Poker
By: Ifrah Law
On December 23, 2011, the U.S. Department of Justice revealed that it has reversed a long-held position by stating that the Wire Act applies only to sports betting. This marks a major change in policy for DOJ, which has long contended that the Wire Act prohibits all forms of Internet gambling, including poker. Late that day, the DOJ released a 13-page legal opinion dated September…
New Step for Nevada: Commission Approves Online Gambling Regulations
December 23, 2011
New Step for Nevada: Commission Approves Online Gambling Regulations
By: Ifrah Law
On Dec. 22, 2011, the Nevada Gaming Commission unanimously approved regulations drafted by the Nevada Gaming Control Board that could make Nevada the first state to provide online gambling within its borders. Earlier this year the Nevada state legislature passed legislation allowing for intrastate online gaming. In June, Governor Brian Sandoval, a former Nevada Gaming Commission Chairman, signed the legislation into law. Earlier this year,…
Judge Dismisses Lindsey FCPA Case, Finding Prosecutorial Misconduct
December 12, 2011
Judge Dismisses Lindsey FCPA Case, Finding Prosecutorial Misconduct
By: Ifrah Law
In May 2011, a federal jury in Los Angeles convicted Lindsey Manufacturing Co., its president Keith Lindsey, and CFO Steve Lee, on foreign bribery charges for their dealings with Mexico’s state-owned electricity utility, Comision Federal de Electricidad. The prosecutors claimed that Lindsey Manufacturing retained Enrique Aguilar, a Mexican company representative, after repeatedly failing to win contracts legitimately – and that the defendants knew that the…
