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Dismissive of Dismissal
FEATURED
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…
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…
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…
In Federal Sentencing, Age Begins to Matter
October 29, 2010
In Federal Sentencing, Age Begins to Matter
By: Ifrah Law
On November 1, 2010, a new amendment to the U.S. Sentencing Guidelines will go into effect that will allow a judge to consider a defendant’s age far more often than before in handing down a sentence in federal court. We think this change will have a major impact on sentencing in white-collar criminal cases. Defendants in financial crimes tend to be older, so even a…
The Foreclosure Crisis: Don’t Believe Everything You Read
October 22, 2010
The Foreclosure Crisis: Don’t Believe Everything You Read
By: Ifrah Law
Legal pressure is mounting against the firms involved in the nationwide foreclosure crisis. In the wake of reports that possibly fraudulent court documents were used to fast-track home foreclosures, a federal Financial Fraud Enforcement Task Force is investigating possible criminal violations committed by banks and mortgage companies. We need to ask: What laws are available to prosecutors? After all, people can do plenty of things…
FTC Getting Serious About Full Disclosure in Endorsements
October 20, 2010
FTC Getting Serious About Full Disclosure in Endorsements
By: Ifrah Law
The Federal Trade Commission is taking steps to show that it is quite serious about enforcing the so-called blogger disclosure rules that it issued last year. The rules say, essentially, that when someone endorses or reviews a product or service, the person must disclose any relationship with the company that produces the product. So if a blogger gets a free item from a manufacturer, the…
A New Turn for Washington State’s Online Poker Law
October 15, 2010
A New Turn for Washington State’s Online Poker Law
By: Ifrah Law
After the unanimous rejection by the Washington State Supreme Court of a lawsuit that attempted to overturn the state’s draconian ban on online poker, proponents of the game now say that they’re going to go to the state legislature and try to get the law repealed, rather than pursue the challenge in the U.S. Supreme Court. On Sept. 23, 2010, the state court rejected the…
Banned From the Internet: A Term of Probation That Is Overly Restrictive
October 11, 2010
Banned From the Internet: A Term of Probation That Is Overly Restrictive
By: Ifrah Law
The following opinion article by Ifrah PLLC founding partner A. Jeff Ifrah and associate Steven Eichorn appeared in the National Law Journal on October 11, 2010. Banned from the Internet Prohibiting a defendant on probation from conducting any business online is overly restrictive and not reasonably related to legitimate sentencing goals. By A. Jeff Ifrah and Steven Eichorn The Internet is becoming the town square for…
