The Supreme Court’s recent decision in Van Buren v. United States significantly narrows the reach of the Computer Fraud and Abuse Act’s prohibition against exceeding authorization to access information. Before Van Buren, courts were split on the reach of the Act; the...
When California Penal Code 1001.83 went into effect in January 2020, it was met with little fanfare. In some ways, this was surprising - the passage of 1001.83, or Primary Caregiver Diversion, was - and continues to be - transformative piece of legislation. Why?...
The ongoing coronavirus pandemic, a new presidential administration, and shifting attitudes towards law enforcement have reshaped the way the legal system approaches mass incarceration, the War on Drugs, and gun violence. Both California and the federal government...
Introduction California’s prohibition against domestic violence consists of two statutes: domestic battery under Penal Code section 243(e)(1) and corporal injury on a spouse under 273.5(a). Even though both statutes criminalize domestic violence, the offenses - and...
In September 2020, Governor Newsom signed Assembly Bill (AB) 1950, which shortened the length of probation in both misdemeanor and felony cases. Under this law, probation is capped at one year for misdemeanors and two years for felonies. Of course, there are some...
Even before she ascended to the highest bench, the Supreme Court felt Ruth Bader Ginsburg’s impact. As an attorney, she argued in front of the Court six times, five of which she won. She went on to become the second woman ever appointed to the Supreme Court of the...
New Jersey may be the home of The Boss and Bon Jovi, but the Garden State is notorious for another reason: its history of political corruption. Maybe that’s why people weren’t surprised when then-governor Chris Christie’s administration was thrust into the national...
At first glance, Death Row Records co-founder Michael Harris, notorious “Pharma Bro” Martin Shkreli, and Ponzi scheme king Bernie Madoff may not seem to have much in common. However, all three men recently sought to reduce their lengthy federal prison sentences...
This article was originally published in the May 14, 2020 issue of Law.com's The Recorder, available here. Keith Middlebrook promised investors he was developing a cure to the coronavirus, and he claimed it was coming soon. He created a phony company, Quantum...
On March 20, 2020, the Ninth Circuit ruled in United States v. Miller, 2020 WL 1317275 (9th Cir.) that wire fraud requires the intent to deceive and to cheat, i.e., to deprive a victim of money or property by means of deception, overruling United States v....