In the landmark 2018 case Carpenter v. United States, the U.S. Supreme Court grappled with what it termed the “new phenomenon” of law enforcement’s ability to “chronicle a person’s past movements through the record of his cell…
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/ Constitutional Law, Privacy, Science, Computers, & Technology
On November 13, the D.C. Court of Appeals, sitting en banc, issued a unanimous opinion in Banks v. Hoffman, holding that the D.C. Council did not exceed its authority by passing the Anti-SLAPP Act.1 In so doing, the Court…
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/ Civil Procedure, Communications & Media Law, Constitutional Law
In the early 2000’s, James Rosen took out $60,000 in federal student loans to help his two daughters pay for college. Over the next two decades, he worked to pay down the debt. But he also suffered stretches of serious illness…
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/ Bankruptcy, Education Law, Finance & Banking
The Second Chance Amendment Act, D.C.’s new expungement and record-sealing law, went into effect on March 1, 2025.1 This Act provides significant improvements, as D.C.’s prior regime was uniquely complex and restrictive. There…
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/ Civil Rights, Constitutional Law, Criminal Law
Over the last several years, thousands of incarcerated individuals have filed motions for compassionate release. As part of the submission process, individuals must outline the “extraordinary and compelling” reasons that warrant…
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/ Administrative Law, Constitutional Law, Criminal Law
In the summer of 2023, Justice Thomas suggested in a dissenting opinion in U.S. ex rel. Polansky v. Executive Health Resources that Article II of the Constitution might not permit a qui tam relator to sue in the name of the…
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/ Administrative Law, Commercial Law & Contracts, Constitutional Law, Government Contracting, Labor & Employment Law
Five years ago, companies were eager to adopt diversity, equity, and inclusion (DEI) programs. Now, the pendulum has swung in the other direction. DEI programs are under attack, and employers are trying to figure out what kinds…
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/ Administrative Law, Civil Rights, Labor & Employment Law
At the 2025 American Bar Association (“ABA”) White Collar Crime Institute in Miami, industry veterans forecasted the new Trump Administration’s white collar objectives by examining trends during the first Trump presidency. In…
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/ Consumer Protection, Health, International Law & Trade, Science, Computers, & Technology
As the new administration shifts some criminal enforcement priorities, particularly relating to activities abroad, potential targets of cross-border investigations are re-evaluating their strategies and exposure to enforcement…
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/ Administrative Law, Conflict of Laws, Criminal Law, International Law & Trade
At the American Bar Association’s White-Collar Crime Institute’s conference held in Miami, Florida on March 6-7, 2025, two panelists from the panel “Sentencing: Effective Mitigation in White-Collar Cases” differed on whether the…
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/ Administrative Law, Criminal Law
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
