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Overrun and Overreach: the New Challenge to Grand Jury Subpoenas
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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…
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…
Speed Bump or Dead End? The 2018 Retrial Prospects for Sen. Menendez
January 8, 2018
Speed Bump or Dead End? The 2018 Retrial Prospects for Sen. Menendez
By: James Trusty
This holiday season was undoubtedly festive for Senator Bob Menendez, whose corruption trial ended with a deadlocked jury in mid-November. The Department of Justice (DOJ) has yet to announce whether it will elect to re-try the New Jersey senator, but here are some of the factors they will, and will not, consider in making that decision: The Split In many jury deadlock situations, the judge,…
The Territorial Tax System Under the Tax Cuts and Jobs Act
January 5, 2018
The Territorial Tax System Under the Tax Cuts and Jobs Act
By: Jeffrey Hamlin
Last year, the Senate and House approved the Tax Cuts and Jobs Act along partisan lines; on December 21st, President Trump signed the bill into law. Nearly 1100 pages long, the Act makes a number of sweeping changes to the U.S. tax code. Among other things, the bill reduces individual income tax rates, nearly doubles the standard deduction, eliminates the personal exemption, and caps deductions…
Marijuana May Be Headed for a Showdown Out West
January 4, 2018
Marijuana May Be Headed for a Showdown Out West
By: Steven Eichorn
Today, Attorney General Jeff Sessions issued a one-page memo to all U.S. Attorneys that announced a sharp reversal on the DOJ’s approach to marijuana prosecutions. Under the Obama administration, the DOJ issued a memorandum in 2013 (the “Cole memo”) that basically provided a safe harbor to the marijuana industry in states that legalized recreational marijuana. The Cole memo allowed the recreational marijuana industry to thrive…
Mental Gymnastics: Silenced Voices of Victims in the Sexual Assault Case by USA Gymnastics Team Physician
December 11, 2017
Mental Gymnastics: Silenced Voices of Victims in the Sexual Assault Case by USA Gymnastics Team Physician
By: James Trusty
The high-profile prosecution of the disgraced physician who treated U.S. Olympic gymnasts ended with a stern sentence but a lingering mystery regarding victim rights. U.S. District Court Judge Janet Neff, serving in the Western District of Michigan, sentenced Larry Nassar to 60 years in prison for his possession of child pornography, as well as some related charges. Nassar had been the team physician for USA…
Did the Paradise Papers and Panama Papers Play a Role in the GOP Tax Plan?
December 5, 2017
Did the Paradise Papers and Panama Papers Play a Role in the GOP Tax Plan?
By: Jeffrey Hamlin
Congress is poised to deliver on tax reform this year. As part of the package, both houses are seeking to encourage the repatriation of trillions of dollars that corporations and wealthy individuals have been stockpiling offshore. For decades, corporations and wealthy individuals have been able to avoid taxes legally by transferring assets to tax-friendly jurisdictions like Bermuda, the Cayman Islands, and Panama. Only when the…
