Category: Uncategorized

On Upjohn Warnings

Close-up of a handshake between a man in a suit and a woman in business attire, symbolizing a formal agreement or successful deal. The setting appears to be a professional or business meeting, with a notebook and documents on the table, and a blurred background of office decor.

In our practice we often work with counsel representing corporate clients. These engagements often involve Government investigations and parallel civil or regulatory litigation. One issue that arises frequently is what steps counsel for the corporation should take to inform employees of who she represents, what the attorney-client privilege is, and who gets to decide what […]

Case Analysis, By James Mccomas (A Review)

Two professionals sit across from each other at a wooden desk discussing a legal document. One person holds a pen, ready to sign, while the other gestures in explanation. A judge’s gavel and scales of justice are visible on the desk, indicating a legal or courtroom setting

James McComas has written an excellent short book that deserves to be on the shelf of every criminal defense attorney. His core insight is that, in every case, only a few facts and circumstances determine the outcome for either side. Once these “outcome levers” are identified, our job as defense lawyers is to eliminate or minimize […]

First Steps Of The First Step Act

Silhouette of two hands raised in a prayerful gesture against a glowing sunrise. The sun shines brightly between the palms, casting rays of light across a serene gradient sky transitioning from deep orange to soft blue. The peaceful scene evokes a sense of spirituality and reflection

Well, the First Step Act is taking effect. Matthew Charles’s case received attention in 2018, when his “erroneous” release from prison as a career offender under the retroactive crack-cocaine guideline changes and 18 U.S.C. § 3582(c)(2) led to a government appeal and the Sixth Circuit affirming reinstatement of his original 35-year sentence. He returned to […]