News & Insights

John Siffert and Ben Schwartz have published an article in the August issue of NACDL’s The Champion examining why defense counsel should continue to develop the scope of Peña-Rodriguez v. Colorado and, where appropriate, invoke the racial bias exception to challenge adverse jury verdicts. Their article comes in the wake of the Judicial Advisory Committee...

Defendants facing large restitution figures should take note: Two recent appellate decisions offer new paths to challenging restitution. The recent Law360 article by Jillian Berman and Cindy Kuang explores avenues available to the defense.  In Ellingburg v. United States, the Supreme Court unanimously held that restitution imposed under the Mandatory Victims Restitution Act is criminal punishment for...

The SEC’s recent enforcement action against Madison Capital Funding LLC highlights a clear and evolving priority: valuation is not merely an outcome, but a process subject to ongoing scrutiny – especially during periods of market disruption. In a recent Law360 article, Michael Longyear and Caleb Ellis detail how the Commission imposed significant penalties without alleging...

When a client uses a generative AI platform to prepare materials for discussions with counsel in a litigation preparation context, are those materials protected by the attorney-client privilege or the work product doctrine? In United States v. Heppner, Judge Jed S. Rakoff of the Southern District of New York answered with a categorical no. The ruling...

On March 10, 2026, the Department of Justice (DOJ) issued a revised Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP). The policy governs how the DOJ resolves criminal investigations of corporations. It thereby creates a framework that directly shapes the legal exposure of the executives and employees inside those companies. Understanding how the CEP works, and...