Insights < BACK TO ALL INSIGHTS
My Brother’s Keeper
FEATURED
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 was previously arrested for a violent offense, and subsequently released from custody before trial for such offense as a result of the advocacy of their criminal defense counsel, has a cause of action against such criminal defense counsel if: (a) The individual caused the injury after being released from custody; and (b) the criminal defense…
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…
Virtual Reality Creating Jury Reality
January 7, 2025
Virtual Reality Creating Jury Reality
By: James Trusty
A Florida Judge may have unwittingly ushered in a new age of criminal justice, where slickly made virtual reality (“VR”) presentations turn judges and jurors into witnesses, and VR headsets provide subjective “testimony” in a powerful and difficult to challenge manner. Broward County Judge Andrew Siegel agreed to don a virtual reality headset in a preliminary proceeding[1] where the defendant was accused of aggravated assault….
Spurned Juror Loses in Court, But His Efforts Lead to New D.C. Court Rule
October 26, 2011
Spurned Juror Loses in Court, But His Efforts Lead to New D.C. Court Rule
By: Ifrah Law
A former juror in Washington, D.C., recently lost a District Court ruling stemming from his dismissal from a grand jury panel in 2001, but his case appears to have brought about needed change in the jury system there. Peter Atherton, a nuclear engineer, was scheduled to serve on the grand jury for 25 days, beginning April 9, 2001. Concerned that his fellow jurors were voting…
Ninth Circuit Upholds Dramatic Upward Departure in Fraud Case
October 24, 2011
Ninth Circuit Upholds Dramatic Upward Departure in Fraud Case
By: Ifrah Law
Last month, the U.S. Court of Appeals for the Ninth Circuit upheld a very large upward departure by a U.S. District Judge in Nevada of more than 17 years above the recommended range under the Sentencing Guidelines, based on conduct that the defendant was never convicted of or even charged with. In this highly unusual case, David Kent Fitch was convicted by a jury of…
Five Years Later, Skilling’s Sentence Is Still Up in the Air
October 17, 2011
Five Years Later, Skilling’s Sentence Is Still Up in the Air
By: Ifrah Law
On Sunday, October 16, 2011, an op-ed article by founding partner Jeff Ifrah and associate Jeff Hamlin appeared in the Houston Chronicle. The article discusses the upcoming resentencing of former Enron CEO Jeffrey Skilling and the fact that it is now close to the fifth anniversary of his conviction. The following is the full text of the article: Five years later, Skilling’s sentence is…
Judge Awards $1.7 Million to Defendant in EPA Malicious Prosecution Case
October 12, 2011
Judge Awards $1.7 Million to Defendant in EPA Malicious Prosecution Case
By: Ifrah Law
On September 30, 2011, the U.S. District Court for the Western District of Louisiana ordered the United States to pay $1.7 million in a malicious prosecution lawsuit to Hubert Vidrine, based on findings that the U.S. government had maliciously prosecuted Vidrine for alleged environmental crimes. This is a rare ruling by a federal court requiring the government to pay money damages for the overzealous actions…
District Judge Orders Much-Reduced Sentence in Fraud Case
October 10, 2011
District Judge Orders Much-Reduced Sentence in Fraud Case
By: Ifrah Law
A federal judge has made a major reversal in the case of Steve Warshak, the Berkeley Premium Nutraceuticals founder who was sentenced to 25 years for defrauding customers who bought his “male enhancement” pills, which were advertised in the notorious “Smiling Bob” ad campaign. We have discussed Warshak’s case in a previous blog post. Warshak had been accused of defrauding customers out of $400 million,…
