Uncertainty was a prominent theme at last week’s ABA White Collar Crime Institute. The Trump administration has issued a series of directives that seem to shift and narrow the scope of (if not entirely abandon) a host of…
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/ Administrative Law, Antitrust & Trade Regulation, Business Organizations, Commercial Law & Contracts, Government Contracting
For litigants in foreign courts, 28 U.S.C. § 1782 has long been a promising, if finicky, tool to access discoverable materials by filing an ex parte application in U.S. federal district court. The statute provides certain…
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/ Civil Procedure, Conflict of Laws, International Law & Trade
A federal judge in Minnesota recently granted a motion to exclude an expert declaration explaining the dangers of AI deepfakes because the declaration itself contained AI-hallucinated citations. The case was a First Amendment…
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/ Civil Procedure, Elections & Politics, Science, Computers, & Technology
On January 21, 2025, the morning after the presidential inauguration, the U.S. Supreme Court will hear oral arguments in FDA v. R.J. Reynolds Vapor Company, an e-cigarette case where the Court will decide whether tobacco…
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/ Administrative Law, Civil Procedure, Health
Previous posts have discussed the substantial uncertainty around the meaning of “corruptly,” a mens rea term used across a variety of federal criminal statutes in the areas of public corruption, financial regulation, and…
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/ Commercial Law & Contracts, Constitutional Law, Criminal Law, Government Contracting
A recent blog post advocating using Artificial Intelligence (“AI”) to “automate” criminal appeals instead raises the concern that common flaws in contemporary judicial decision-making will only get worse if we cede legal writing…
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/ Administrative Law, Constitutional Law, Criminal Law, Science, Computers, & Technology
Well. Let’s just say the next two plus hours did not follow the script. The event was emceed by Judge James K. Bredar, a former Chief Judge and Federal Public Defender for the District, who kicked off the ceremony by reading the…
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/ Civil Rights, Constitutional Law, Criminal Law, Law Practice Products & Services
The NAADAC 2024 Conference & Hill Day is an annual conference that brings together thousands of addiction counselors, educators, and other addiction-focused health care professionals from across the country. The conference aims…
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/ Health, Insurance, Labor & Employment Law
On October 1, 2024, Zuckerman Spaeder partner Sara Alpert Lawson moderated a panel for the American Bar Association (“ABA”) titled “Prosecutorial Independence and the Rule of Law.” The panel consisted of three prosecutorial…
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/ Constitutional Law, Criminal Law, Elections & Politics
A 1971 Supreme Court Decision of Doubtful Vitality Thwarts § 1983 Liability for Mistaken-Identity Arrests and Stifles Development of Clear Constitutional Rules -
Kafka would love qualified immunity.1 Not only does current…
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/ Civil Rights, Constitutional Law, Criminal Law
In 2013, a divided Supreme Court held in Shelby County v. Holder that Section 4(b) of the Voting Rights Act of 1965 was unconstitutional, ending its preclearance requirement in states with a history of discriminatory voting…
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/ Civil Rights, Constitutional Law, Elections & Politics
Together, the Supreme Court’s decisions in Loper-Bright and Corner Post open a path to attack federal regulations issued by agencies (and upheld by courts) many years ago. As Justice Jackson put it in her Corner Post dissent:…
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/ Administrative Law, Constitutional Law
For too long, judges have been permitted at sentencing to consider anything they deem “relevant,” including allegations that were considered and rejected by a jury. So-called “acquitted conduct sentencing” clearly offends…
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/ Constitutional Law, Criminal Law
The American Bar Association’s National Institute on White Collar Crime has long focused on regulating, prosecuting, and defending evolving permutations of fraud, or allegedly fraudulent conduct. At the 39th annual event, held…
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/ Antitrust & Trade Regulation, Business Organizations, Science, Computers, & Technology
Telling on yourself is not an intuitive defense. But federal regulators and prosecutors at last week’s ABA National Institute on White Collar Crime urged companies and executives to consider doing so or risk being beat to the…
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/ Business Organizations, Finance & Banking, Labor & Employment Law
