An Endless Trial

We started yet another trial this week, and it’s looking like it will continue into the first week of April.  Not our longest trial ever, but fairly lengthy for a state case.  But at least it’ll be over before the trial of Raj Rajaratnam, which also began this week, and...

Upgrade Achieved

Just upgraded to the newest versions of PHP and WordPress.  We do our own coding, so hopefully everything’s backwards-compatible.  But if you catch any glitches, please let us know. That is all. (Oh yeah, today’s insider trading webinar went great, thanks to fellow panelists Seth Levine and John Nathanson.  Top-notch...

Insider Trading, Expert Networks, and a Big Honking Due Process Violation

    First, a shameless plug: Tomorrow, we’ll be participating in a Dow Jones webinar for Private Equity and VC types, discussing how the current environment of insider-trading prosecutions affects them, and what they might do about it.  (Link here, if you’re interested.)  Of course, those guys aren’t so much...

ABA Tells Courts to Provide Detailed Brady Checklists

We wrote recently on our distaste for those on the defense side who persist in playing games.  It should go without saying that it is far worse for the prosecution to play games.  And yet it happens all the time. Ideally, when the prosecution has done its job right, it’s...

Online Advice

We’ll admit to a guilty pleasure.  Sometimes we surf over to Avvo and check out the questions people are asking criminal lawyers here in NY, and the answers various lawyers are providing.  It can be cringe-worthy, but once in a while it can be instructive. We cringe when people ask...

How to Win Friends and Influence People in the Digital Age

Enchantment: The Art of Changing Hearts, Minds, and Actions Guy Kawasaki Portfolio/Penguin, coming March 2011, 211 pages, $26.95 As a rule, we don’t much care for books for business-types.  They’re like a print version of a cable-channel documentary — five pages of useful information, padded out with a couple hundred...

Playing Games with Client’s Lives

  Criminal law is about as serious as it gets.  Our clients’ liberty, reputations, freedoms, rights, opportunities, property — and even their lives — are at risk.  What we do affects not just our clients, but their children, their parents, the victims, and the community at large.  What we do...

More Google Mistrials

Back in the infancy of this blog, we wrote a piece called “No More Google Mistrials: A proposal for courts to adapt to modern life.”  In it, we lamented that our jurisprudence hadn’t caught up with the realities of the internet age, and that mistrials were still being called whenever...

Still here

No, we haven’t posted anything this week.  We got swamped, what can we say?  Busy is good.

Need Some CLE?

  As many of our readers know (because we won’t shut up about it, apparently) we teach a series of CLE lectures for West LegalEdCenter called “Hope for Hopeless Cases.”   Well, this time we’re doing one that’s not part of that series.  We’ve teamed up with Gordon Mehler to...

Oh, Scalia

  If you’ve been reading this blog for any length of time, you’ll know that we really like Scalia.  We really do.  We like the way he thinks, we like the way he writes, and we like that he’s not a phony.  His law clerks may moan and groan that...

Registering the Wrong People

  Sex offender registries aren’t necessarily a bad idea. For whatever reason, there are certain people who get off on molesting little kids or raping people, and who are not likely to be rehabilitated by a stint behind bars.  It’s how their sex drive is wired. If they get caught...

Self Defense Law for Dummies

Quite a few people have asked us about self defense, lately.  Must be something in the water.  Whatever the reason, it’s a question that a lot of people seem to be asking, so we figured we’d save ourselves from repeating the same conversation over and over, and just post the...

Is New York City’s Gun Law Unconstitutional?

The short answer is yes.  Yes, it is. One of the lovely ironies of criminal defense is that most of the things we fight for are conservative values — individual liberties, constitutional rights, defending actual people from the insane might of the State — even though the defense attorneys themselves...

White-Collar Wiretaps

This’ll be quick, because we’re pretty busy working on a wiretap case, which is always time-consuming if done right.  But as our mind’s on that topic anyway, we thought we’d quickly point out that the latest round of insider-trading cases is again largely derived from wiretaps.  Here’s a roundup over...