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In the age of AI, litigators must read between the lines—literally.
FEATURED
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 included hidden instructions in his filings with the goal of ensuring any AI model’s output would agree with his position. In doing so, Elliot undertook what appears to be the first confirmed prompt injection attack aimed at an American court. The Attempted Prompt Injection On July 24, 2026, pro se plaintiff Matthew Elliot filed what…
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…
How Much is Too Much? – Second Circuit Establishes Guardrails for Sentencing Hearings
June 22, 2026
How Much is Too Much? – Second Circuit Establishes Guardrails for Sentencing Hearings
By: James Trusty
As any federal criminal practitioner can attest, judges holding a sentencing hearing are privy to an intentionally wider universe of information about the defendant than a jury would have heard about at trial. We want judges to consider all sorts of things about the offender and the offense, beyond just the facts establishing the crime – social background, employment history, criminal record, substance abuse history, mental health issues, and more. Particularly in…
Kagan Stresses Deference to Congress on Federal Sentencing
July 6, 2010
Kagan Stresses Deference to Congress on Federal Sentencing
By: Ifrah Law
In her three-day Supreme Court confirmation hearing, nominee Elena Kagan expressed very few views on substantive issues that might give observers a clue as to how she would vote as a Justice. Criminal law and sentencing issues were no exception, as the nominee did not tip her hand much on these matters. One interesting tidbit emerged, however. Kagan was asked on June 30, 2010, the…
Has the FBI Gone Too Far in Investigating White-Collar Crime and Fraud?
July 2, 2010
Has the FBI Gone Too Far in Investigating White-Collar Crime and Fraud?
By: Ifrah Law
A recent Wall Street Journal article describing the FBI’s use against suspected financial criminals of techniques normally used to hunt terrorists shows how seriously white-collar crime is being viewed these days. It also vindicates those who sounded warning bells after 9/11 when Americans were asked to trade civil liberties for the promise of national security. Those who argued against the slippery slope of government encroachment…
From Federal Prison, Ex-Enron CEO Ponders His Case
June 29, 2010
From Federal Prison, Ex-Enron CEO Ponders His Case
By: Ifrah Law
On June 25, 2010, the U.S. Supreme Court issued its partially favorable decision in Skilling v. United States. Although the Court accepted former Enron CEO Jeff Skilling’s arguments on the reach of the “honest services” statute, it rejected Skilling’s contention that pretrial publicity and community prejudice prevented him from receiving a fair trial. Since his conviction in 2004, Skilling has had ample time to consider…
Supreme Court Hands DOJ a Big Loss, Limiting Use of “Honest Services” Statute
June 24, 2010
Supreme Court Hands DOJ a Big Loss, Limiting Use of “Honest Services” Statute
By: Ifrah Law
Today the Supreme Court decided the key white-collar crime case of Skilling v. United States, rejecting the Justice Department’s efforts to use the well-known “honest services” statute against former Enron CEO Jeffrey Skilling. The court didn’t reverse Skilling’s conviction but sent the case back to the U.S. Court of Appeals for the 5th Circuit to determine whether the conviction could stand without the “honest services”…
Rubashkin Gets 27-Year Federal Sentence for Fraud
June 21, 2010
Rubashkin Gets 27-Year Federal Sentence for Fraud
By: Ifrah Law
Today, U.S. District Judge Linda Reade in Iowa sentenced former kosher meatpacking executive Sholom Rubashkin to 27 years in a federal prison for his conviction on 86 counts of federal financial fraud charges. The prison term will be followed by five years of parole. Mr. Rubashkin will also be required to make restitution of nearly $27 million to several financial institutions. The sentence comes down almost…
