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Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
FEATURED
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…
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…
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…
Options for Suing the Federal Government Under Bivens Unlikely to Expand
November 7, 2011
Options for Suing the Federal Government Under Bivens Unlikely to Expand
By: Ifrah Law
In 2001, federal inmate Richard Lee Pollard sustained two broken elbows after tripping over a cart in a privately operated prison housing federal inmates. He sued five prison employees for their actions after his injuries. On Nov. 1, 2011, the Supreme Court held oral argument in Minneci v. Pollard and considered the possibility of creating a new federal remedy against private employees who work for…
House Panel Hears Arguments in Favor of Legal Online Poker
October 27, 2011
House Panel Hears Arguments in Favor of Legal Online Poker
By: Ifrah Law
On Oct. 25, 2011, the possibility of legal online poker in the United States was aired before the House Energy and Commerce Committee subcommittee on Commerce, Manufacturing, and Trade at a hearing entitled “Internet Gaming: Is There a Safe Bet?” The hearing was convened to discuss the “Internet Gambling, Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2011,” introduced in June by Rep. Joe…
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…
