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White-Collar and Regulatory Defense
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USDOJ Revisits Its Approach to Corporate Cases

On November 29, the Justice Department announced changes to its policy toward corporate prosecutions. These changes pivot from the ones announced three years ago that emphasized the prosecution of people, not just organizations. Among other things, they had required an organization that sought to cooperate with the government to identify all individuals involved before it would receive any Read More

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New Federal Rules Proposed About Sexual Harassment on Campus

On Thursday, the U.S. Department of Education proposed new rules on the handling of sexual-harassment complaints on school campuses that receive federal funding. The regulations aim to address when a school violates Title IX, a federal law against sex discrimination, based on the way it responds (or doesn’t respond) to such complaints. There is a Read More

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Privacy Across the Pond

We’re fresh off a conference on how privacy laws in Europe affect life and business in the United States. So we tip our hat to the law firm that spotted this case about just that. The background is that one business had sued another in England and won. Then it had sued again here to collect on the Read More

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A Personal View of California’s Bail Reform

This problem of locking people up before trial is personal to me. Ten years ago, I was falsely accused of a crime, and I spent a night in jail based on one person’s word. I had committed no crime, but I was booked for and charged with felony domestic violence, and I had to take the Read More

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The Pros and Cons of Bail Reform

We’ll see how California’s new bail law plays out in practice. On one hand, it promises to treat rich and poor alike when it comes to keeping someone in jail until any trial. It says everyone will get out within twelve hours on a misdemeanor charge, with some exceptions. And if you’re accused of a Read More

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California to End Money Bail

On August 28, Governor Brown signed Senate Bill 10 into law. It becomes effective October 1, 2019, and as you may have heard, it changes everything. It completely repeals the chapter of the Penal Code that provided for cash bail and replaces it with an entirely new one. Here’s the gist of it. If you’re arrested for Read More

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Poor Reality Winner

On Thursday, she was sentenced to over five years in prison, and I feel sorry for her. Who is she? Maybe one of the most interesting people you’ll read about. She was nine years old on September 11, 2001. She was a straight-A student growing up, and she turned down a full ride to college on an engineering scholarship Read More

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The Common Application Bans the Box

Do you have a kid in high school? Are you in high school yourself and plan to go to college? You may want to check this out. On August 7, the Common Application announced that it will no longer ask about an applicant’s criminal record, starting with the 2019-20 pool of applicants. The Common Application Read More

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Happy Birthday, 14th Amendment

Did you know? This summer marks the 150th anniversary of the ratification of the 14th Amendment. To commemorate the occasion, here is a look at the Ohio congressman who authored arguably the most important amendment after the first ten. If he’s forgotten today then it’s a shame because he’s responsible for these momentous words: “All persons born Read More

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Misdemeanors are the Meat and Potatoes

The meat and potatoes of the criminal justice system, that is. And you may think of them as small potatoes, but they’re not. They take up most of the space on the proverbial plate, and they’ve got bite. They take up the most space because they make up eighty percent of all criminal cases across Read More

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