Overrun and Overreach: the New Challenge to Grand Jury Subpoenas

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 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…

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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…

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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…

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White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance

November 12, 2025

White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance

By: Robert Ward

For years, the U.S. Sentencing Commission’s Guidelines Manual has guided courts through a three-step process to determine the sentence to be imposed. At a high level, that process looked like this: First, the court would calculate the guideline range based on relevant offense conduct and related factors, along with the defendant’s criminal history.  Second, the court would consider the Sentencing Commission’s policy statements or commentary…

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Personal Information Flo-wing out of Control

October 20, 2025

Personal Information Flo-wing out of Control

By: Lauren Scribner

In September, a nearly $60 million settlement was reached in Frasco, et al v. Flo Health, Inc., Meta Platforms, Inc., Google, LLC, and Flurry, Inc.  The case,[1] a class action filed in 2021, alleged inter alia that Flo Health Inc. (“Flo”), a popular women’s health tracking application estimated to have over 38 million monthly users, invaded the privacy of its users by sharing personal and…

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New Laws for AI Developers: California’s Fork in the AI Regulatory Road

October 16, 2025

New Laws for AI Developers: California’s Fork in the AI Regulatory Road

By: Steven Hess

AI Regulation and The Transparency in Frontier Artificial Intelligence Act Artificial intelligence (“AI”) products have become an increasingly significant aspect of U.S. innovation, growth, and development.  Generative AI is being used to predict the structure of proteins and other biomolecules in pharmaceutical research,[1] to simulate wargames for the U.S. military,[2] and to drive an estimated hundreds of billions of dollars of growth in sectors from…

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Flirting with Disaster: Kid Glove Treatment of an Assassination Attempt Sets Damaging Example

October 6, 2025

Flirting with Disaster: Kid Glove Treatment of an Assassination Attempt Sets Damaging Example

By: James Trusty

On a crisp October afternoon while the media focused on P Diddy’s high-profile New York sentencing, a less conspicuous—but more consequential—hearing took place in another federal courthouse, not far from the nation’s capital. Nichola Roske was sentenced for the attempted assassination of at least one Supreme Court associate justice. On June 8, 2022, Roske flew across the country—California to Virginia—and then traveled by cab to…

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This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts

August 25, 2025

This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts

By: George Calhoun

Bankruptcy continues as a favored vehicle for the resolution of mass-tort claims, particularly asbestos-based claims.  In two recent cases in Delaware, an often-overlooked issue has raised a red flag concerning the fairness of the trusts proposed in many of these cases.  The plan proponents in those cases proposed asbestos trusts that provided that foreign claimants were not eligible for payment.  It is a foundational principle…

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Articles and Presentations by Our Firm Attorneys

If ICOs are Securities: What Cryptocurrency Issuers, Exchanges and Gatekeepers Need to Know.

If ICOs are Securities: What Cryptocurrency Issuers, Exchanges and Gatekeepers Need to Know.
By: Jeff Ifrah

Employer Liability for Data Breaches: Avoid Getting Eaten By Your Own

Employer Liability for Data Breaches: Avoid Getting Eaten By Your Own
By: Nicole Kardell

Speed Bump or Dead End? The 2018 Retrial Prospects for Sen. Menendez

Speed Bump or Dead End? The 2018 Retrial Prospects for Sen. Menendez
By: James Trusty

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