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Dismissive of Dismissal
FEATURED
September 25, 2026
Dismissive of Dismissal
By: James Trusty
During the two Trump administrations, a trend has begun to emerge of federal judges challenging the once-unrestricted authority of the Department of Justice (DOJ) to dismiss indictments. The longstanding framework of separation of powers suggests this judicial pushback is unsupported activism, but the judges claim the Federal Rules of Criminal Procedure (“Rules”) do not relegate their role to rubber stamping. Ultimately, this trajectory may lead us to an impossible impasse—a game of chicken where reputations, relationships and the balance of power might be forever altered in the context of dismissal. Pursuant to Rule 48(a), “[t]he government may, with leave of court, dismiss an indictment.” Exactly what “leave of court” means in terms of judicial scrutiny is the challenging question. Some…
In the age of AI, litigators must read between the lines—literally.
August 18, 2026
In the age of AI, litigators must read between the lines—literally.
By: Robert Ward
In the age of AI, litigators must read between the lines—literally. Any attorney who has litigated a case against a party proceeding pro se is familiar with the common refrain that courts liberally construe pro se filings.[1] This leniency was not enough for one Connecticut litigant. In a scheme that gives new meaning to the phrase “reading between the lines,” pro se plaintiff Matthew Elliot…
The DOJ Steps Up for Military Families
June 29, 2026
The DOJ Steps Up for Military Families
By: Lauren Scribner
The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 4025a, grants military spouses portability of their professional licenses. That means when a military spouse moves with his or her servicemember to the servicemember’s assigned duty station in a new state, the spouse’s professional license essentially moves with them.[1] In order to take advantage of this license portability benefit in the new state, the SCRA requires…
China, Other Nations Need to Crack Down on Software Piracy
November 15, 2012
China, Other Nations Need to Crack Down on Software Piracy
By: Ifrah Law
Reuters recently quoted Tian Lipu, head of China’s State Intellectual Office, complaining about China’s reputation for rampant software piracy. According to Tian, “China is the world’s largest payer for patent rights, for trademark rights, for royalties, and one of the largest for buying real software . . . We pay the most. People rarely talk about this, but it really is a fact.” Tian’s protestations…
DOJ Should Not Withhold Information From Defense in High-Profile Leak Case
November 5, 2012
DOJ Should Not Withhold Information From Defense in High-Profile Leak Case
By: Ifrah Law
Lawyers for Stephen Jin-Woo Kim, a former federal contractor employee accused of unlawfully disclosing sensitive information, recently filed a motion in the U.S. District Court for the District of Columbia criticizing the government’s withholding of information in the case and asking the court to order the government to produce the documents. The government should not be permitted to withhold this type of valuable, discoverable information…
Judge Rakoff and the Emperor’s New Clothes
October 29, 2012
Judge Rakoff and the Emperor’s New Clothes
By: Ifrah Law
On October 24, 2012, U.S. District Judge Jed Rakoff sentenced Rajat Gupta to 24 months after he was found guilty by a jury of one count of conspiracy and three counts of substantive securities fraud, in connection with providing material non-public information to convicted inside trader Raj Rajratnam. This two-year prison sentence was substantially below the applicable advisory range under the United States Sentencing Guidelines…
Reid-Kyl Bill Would Legalize Online Poker at Federal Level
October 24, 2012
Reid-Kyl Bill Would Legalize Online Poker at Federal Level
By: Ifrah Law
A draft of the online poker bill that Sen. Harry Reid (D-Nev.) and Sen. Jon Kyl (R-Ariz.) plan to introduce was released this week. The bill, known as the “Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012” would legalize online poker at the federal level, a step that became possible last December when the U.S. Department of Justice released an opinion…
DOJ Opinion on Key FCPA Issue Makes Sense, But What’s Next?
October 17, 2012
DOJ Opinion on Key FCPA Issue Makes Sense, But What’s Next?
By: Ifrah Law
We have previously advocated for the Department of Justice to employ a more narrow reading of the term “foreign official” in the Foreign Corrupt Practices Act. Therefore, we were pleased to see that the DOJ recently issued an opinion that parsed the definition and came to the conclusion that a member of a foreign royal family was not a “foreign official” under the FCPA. Although…
