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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…
SPLC’s Informant Program – is Dangerously Unwise the Same as Unlawful?
May 11, 2026
SPLC’s Informant Program – is Dangerously Unwise the Same as Unlawful?
By: Lauren Scribner
THE INDICTMENT On April 21, 2026, the Southern Poverty Law Center (SPLC), a nonprofit civil rights organization that works to “create a multiracial democracy” by “fight[ing] white supremacy and various forms of injustice”[1] was charged in an 11-count indictment[2] in the Middle District of Alabama. The indictment alleges that the SPLC operated “a covert network of informants who were either associated with violent extremist groups…
Overrun and Overreach: the New Challenge to Grand Jury Subpoenas
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…
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…
ABA White Collar Conference: Political Commentary vs. Best Practices
March 16, 2026
ABA White Collar Conference: Political Commentary vs. Best Practices
By: James Trusty
This year’s ABA White Collar conference in San Diego displayed a good number of the usual suspects in these week-long educational echo chambers: smug moments of schadenfreude when panelists smirk at Trump administration missteps, not-so-subtle calls to arms by former prosecutors who hoist the “Rule of Law” banner, and former Southern District of New York (SDNY) prosecutors touting the superiority of their old office, even…
