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Maryland Moving at a Misguided PACE

Maryland Moving at a Misguided PACE

March 14, 2025

Maryland Moving at a Misguided PACE

By: James Trusty

Maryland legislature is considering passing a law ineptly called the Protecting the Admissibility of Creative Expression (“PACE Act”) which would limit the use of rap lyrics, among other forms of expression, in criminal and juvenile proceedings. While prosecution use of rap lyrics in criminal trials is a bit uncommon, the state house move here is in reaction to a 2020 murder case in which a defendant’s post-arrest rap about killing “snitches” with a “.40” may have weighed heavily in the jury’s conviction. In Montague v. State, 471 Md. 657 Md. 2020) the Maryland Supreme Court affirmed the trial court’s ruling that Montague’s ruminations about murder and using a .40 caliber weapon—made from a jail phone after his arrest—was not an…

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My Brother’s Keeper

February 20, 2025

My Brother’s Keeper

By: Abbey Block

Am I my brother’s keeper? Or more specifically, can lawyers be sued for their clients’ bad behavior? A newly proposed bill out of Washington state says yes. The bill, HB 1891, provides the following legal framework, under which an attorney can be sued for injuries caused by his or her client who is released from detention pending trial: Any person injured by an individual who…

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DOJ Memo Sneaks In Seismic Changes

January 31, 2025

DOJ Memo Sneaks In Seismic Changes

By: James Trusty

Amidst the tidal wave of Executive Orders, presidential appointments, and policy announcements, it is easy to treat last week’s Interim Policy Memo from the Acting Deputy Attorney General[1] as just another ripple of nominal change that occurs when democrats replace republicans or republicans replace democrats. And, indeed, although there are portions of it that reflect the recurring philosophical tug-of-war over the tough on crime approach…

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$25 Billion Mortgage Fraud Settlement Marks Turning Point for Industry

April 16, 2012

$25 Billion Mortgage Fraud Settlement Marks Turning Point for Industry

By: Ifrah Law

On April 4, the $25 billion national mortgage servicing settlement, which was announced in February, was finalized by a judge in the U.S. District Court for the District of Columbia. The settlement with the nation’s five largest mortgage servicers — Bank of America Corporation, JPMorgan Chase & Co., Wells Fargo & Company, Citigroup Inc., and Ally Financial Inc. (formerly GMAC) — was negotiated by 49…

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Second Circuit YouTube Ruling Will Have Major Impact for Online-Piracy Debate

April 10, 2012

Second Circuit YouTube Ruling Will Have Major Impact for Online-Piracy Debate

By: Nicole Kardell

What had been touted as a great victory for Google in particular and for “Internet freedom” in general was just dealt a major blow when the U.S. Court of Appeals for the Second Circuit Court of Appeals overturned a lower court decision in Viacom’s lawsuit against Google and Google-owned YouTube. Viacom, along with the English Premier League and various film studios and television networks, sued…

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Grassley’s Case Against DOJ Stance on Financial Fraud Is Vastly Overstated

April 9, 2012

Grassley’s Case Against DOJ Stance on Financial Fraud Is Vastly Overstated

By: Ifrah Law

In recent weeks, Sen. Charles Grassley (R-Iowa) has criticized the Department of Justice’s handling of executives that some argue are responsible for the financial crisis. Sen. Grassley, the ranking minority member of the Senate Committee on the Judiciary, held a hearing in February that looked at mortgage fraud, foreclosure abuse and lending discrimination practices. During his opening statement at that hearing, Sen. Grassley stated, “The…

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Nevada Case Points to Perils of Assertion of 5th Amendment in Civil Cases

March 12, 2012

Nevada Case Points to Perils of Assertion of 5th Amendment in Civil Cases

By: Ifrah Law

One of the hardest decisions on which a lawyer may be called upon to advise a client in civil litigation is the decision whether to assert the Fifth Amendment privilege. On the one hand, the overlap between pending civil and criminal matters may make it dangerous for the client to make statements that could incriminate him or her in the criminal case. On the other…

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D.C. Appeals Court Rejects Challenge to Admission of Handwriting Evidence

March 8, 2012

D.C. Appeals Court Rejects Challenge to Admission of Handwriting Evidence

By: Jeffrey Hamlin

If there was ever an open question as to whether forensic handwriting identification is admissible under D.C.’s common law of evidence, the D.C. Court of Appeals has finally put that question to rest. On February 9, 2012, the Court of Appeals held that handwriting comparison and identification, as practiced by FBI examiners, passes the Frye test for admissibility. The issue arose after Robert Pettus’ jury…

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Articles and Presentations by Our Firm Attorneys

Maryland Moving at a Misguided PACE

Maryland Moving at a Misguided PACE
By: James Trusty

My Brother’s Keeper

My Brother’s Keeper
By: Abbey Block

DOJ Memo Sneaks In Seismic Changes

DOJ Memo Sneaks In Seismic Changes
By: James Trusty

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