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Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege

Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege

June 30, 2025

Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege

By: James Trusty

During the pre-indictment period in which I was one of President Trump’s lawyers, there was a considerable amount of then-sealed litigation over the Special Counsel Office’s (“SCO”) insatiable search for incriminating evidence. We regularly found ourselves fighting against prosecutors providing ex parte information to the Court in support of their singular claims that Donald J. Trump did not have the same legal privileges as almost anyone else in the history of our country. One of the more maddening moments during these battles was when a U.S. District Court judge chastised me for not “addressing the facts,” when all of the pertinent facts were hidden from the president’s lawyers. Make no mistake, the hostility towards President Trump and his counsel led…

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AI Conversations Feel Private. Could They Be Privileged?

June 11, 2025

AI Conversations Feel Private. Could They Be Privileged?

By: Robert Ward

The New York Times’ lawsuit against OpenAI continues to spark debate, and not just about copyright. Most recently, a federal magistrate judge ordered OpenAI to preserve chats that the company might otherwise have deleted at a user’s request. In response, OpenAI CEO Sam Altman suggested that it may be time for a version of the attorney-client or physician-patient privilege, but for AI. While any attempt…

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It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism

May 19, 2025

It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism

By: Sara Dalsheim

Government efficiency and spending is a hot topic of controversy in the United States. But even in the context of heated “DOGE” fights, there are proven examples of government efficiency and reduced spending that are clearly working—the passing of measures like the Second Chance and First Step Acts in an effort for mass incarceration and recidivism reduction. The U.S. government spends a total of $80.7…

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Bureaucracy Unlimited

March 17, 2015

Bureaucracy Unlimited

By: Nicole Kardell

This article first appeared on FEE.org – you can access this version at https://fee.org/freeman/detail/bureaucracy-unlimited Big Gov and Big Biz. Are they holding hands, shaking hands, or boxing? It depends on the day and the issue. But while Big Biz hardly seems like a sympathetic character, Big Gov always has the upper hand. Remember Arthur Anderson? Perhaps not. It used to be the biggest accounting firm around….

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What Expats Need to Know Now about their Taxes, FATCA and the IRS

March 9, 2015

What Expats Need to Know Now about their Taxes, FATCA and the IRS

By: Nicole Kardell

Are you an American abroad living in perpetual fear of the IRS? Do you wake up every morning wondering if today you’ll receive a formidable notice that the taxman cometh? You are not alone. Expats around the world are facing (and fearing) the painful reality that the IRS’s global tax enforcement effort is underway. While you may want to stick your head in the sand,…

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SCOTUS Rules No Felony for Throwing the Little Ones Overboard

February 27, 2015

SCOTUS Rules No Felony for Throwing the Little Ones Overboard

By: Ifrah Law

This week, the United States Supreme Court resolved some fishy matters on which prosecutors sought to base a federal felony conviction. The case, Yates v. United States, arose from a offshore inspection of a commercial fishing vessel in the Gulf of Mexico. During the inspection, a federal agent found that the ship’s catch contained undersized red grouper, in violation of federal conservation regulations. The agent…

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Court Reins In Prosecutorial Overreach in Insider Trading Cases

February 25, 2015

Court Reins In Prosecutorial Overreach in Insider Trading Cases

By: Ifrah Law

In an effort to reinstate powers stripped from them by the Court of Appeals in U.S. v. Newman and Chiasson, prosecutors have sought a rehearing of the landmark Second Circuit decision which severely curtailed the scope of insider trading cases. The case is one which has already seen a dramatic reversal, so it is perhaps no surprise that prosecutors are hoping for the tide to…

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The Government’s [Subpoena] Power is Not Infinite

February 18, 2015

The Government’s [Subpoena] Power is Not Infinite

By: Ifrah Law

It’s not every day that a federal court likens an Assistant U.S. Attorney’s argument to that “of a grade schooler seeking to avoid detention.” But, in a recent opinion, Judge Emmet G. Sullivan of the D.C. District Court did just that. In so doing, he reminded us that—despite the government’s (admitted) routine abuse of its subpoena power—the privacy rights of inmates matter, and a standard…

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Articles and Presentations by Our Firm Attorneys

Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege

Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
By: James Trusty

AI Conversations Feel Private. Could They Be Privileged?

AI Conversations Feel Private. Could They Be Privileged?
By: Robert Ward

It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism

It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism
By: Sara Dalsheim

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