Podcast - Bad Facts Make Bad Law
Law School Toolbox Podcast Episode 325: Listen and Learn -- The Fourth Amendment: Informer Tips
Law School Toolbox Podcast Episode 323: Listen and Learn -- The Exclusionary Rule (Criminal Law and Procedure)
Bar Exam Toolbox Podcast Episode 156: Listen and Learn -- The Fourth Amendment: Informer Tips
Bar Exam Toolbox Podcast Episode 154: Listen and Learn -- The Exclusionary Rule (Criminal Law and Procedure)
Bar Exam Toolbox Podcast Episode 141: Listen and Learn -- The Fourth Amendment
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
U.S. Eleventh Circuit Court of Appeals - Shaikh v. Fox News - frivolous claims lacking subject matter jurisdiction - USA v. Niksich - foreign bank accounts, Eighth Amendment challenge - Lil Joe Records v. Won -...more
It can be scary to deal with a criminal case in the UAE, especially if you don't know much about the country's legal system. The criminal process has strict rules that are very different from those in many other countries....more
U.S. Eleventh Circuit Court of Appeals - Marbut v. Phillips - qualified immunity, search and seizure - Bolton v. Coweta Cnty Sheriff - sovereign immunity - T-Mobile v. Roswell - Telecommunications Act, cell service...more
In a significant Fourth Amendment decision, the Third Circuit held in Kendig v. Stolar, 2026 WL 1145264, that law enforcement may, in certain circumstances, be required to include known affirmative-defense evidence in...more
Companies offering generative AI chat technologies to consumers should consider what protections apply under the Fourth Amendment of the U.S. Constitution and the federal Stored Communications Act (SCA) and how they should...more
On April 9, 2026, the U.S. Court of Appeals for the Fourth Circuit issued its opinion in O.W. v. Carr, No. 24-1288, bringing clarity to an issue increasingly confronting school administrators in the digital age: what legal...more
Earlier this year, the Pennsylvania Supreme Court held that users generally lack a reasonable expectation of privacy in unprotected Google search records, underscoring how aggressively some courts are still applying...more
Last fall, Proskauer attorneys filed an amicus brief on behalf of the American Civil Liberties Union (ACLU) and ACLU of Massachusetts (ACLUM) in Commonwealth v. Arias, SJC-13816. On April 15, 2026, the Massachusetts Supreme...more
Court affirms limits on Competition Bureau’s power to compel production- The Commissioner of Competition (Commissioner), as head of Canada’s Competition Bureau (Bureau), may conduct inquiries where there is reason to...more
A recent decision from the Southern District of New York provides one of the first judicial answers to a fast-emerging question: are litigants’ communications with a publicly available generative AI platform protected from...more
In February 2026, the Honorable Jed S. Rakoff of the Southern District of New York decided yet another novel legal issue. This one relates to the use of AI, and may make you think twice before asking ChatGPT, Claude, or some...more
In Zorn v. Linton, the Supreme Court reminded lower courts that a “clearly established” constitutional right is just that – clearly established. Unless a right’s contours are beyond debate, an officer has qualified immunity...more
New U.S. Department of Justice (DOJ) initiatives point to more coordinated animal-welfare investigations, including with respect to companies involving the care and testing of animals. On February 18, 2026, Attorney General...more
A Lawyer's Guide to What to Do After an Arrest in Dubai - Getting arrested in Dubai can be scary, especially for expats who don't know the laws in the UAE. The legal process can be scary and confusing, from being...more
In United States v. Heppner, No. 25-cr-503 (JSR), 2026 WL 436479 (S.D.N.Y. Feb. 17, 2026), the United States District Court for the Southern District of New York recently held that a criminal defendant’s written exchanges...more
When Judge Jed Rakoff ruled in United States v. Heppner (S.D.N.Y. Feb. 17, 2026) that documents a criminal defendant created through exchanges with Anthropic’s Claude platform weren’t protected by attorney-client privilege...more
On November 4, 2025, federal agents arrested Bradley Heppner and seized thirty-one AIgenerated documents created for the express purpose of obtaining legal advice. See United States v. Heppner, No. 25-cr-503 (JSR), 2026 WL...more
The U.S. District Court for the Southern District of New York recently held that communications by a criminal defendant with a publicly available generative AI platform are not protected by attorney-client privilege or work...more
Key Takeaways - A federal court ruled that a defendant’s independent use of a publicly available AI platform was not protected by attorney-client privilege or the work product doctrine....more
Recent developments in a Southern District of New York criminal case serve as a cautionary tale about the risks of using artificial intelligence (“AI”) tools for legal strategy and communications....more
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...more
U.S. Eleventh Circuit Court of Appeals - USA v. Estadella - drug possession, felon with firearm, evidence, misconduct - CB v. Henry Cnty Sch Dist - IDEA, placement, mootness ...more
In 2015, Justice Kagan declared: “We’re all textualists now.” Seven years later, she then doubted her own proclamation, at least as applied to her colleagues on the Supreme Court of the United States. But regardless of how...more
Are client queries with publicly available AI platforms shielded by the attorney-client privilege or the work product doctrine? No, said the first court to consider this issue. Background- In United States v. Heppner, a...more
U.S. Eleventh Circuit Court of Appeals - O’Neal v. Am Shaman - FLSA, settlement, litigation bar - USA v. Mullings - plea withdrawal, sentencing - USA v. Hicks - felon with firearm, sentencing No decisions this...more