“Baker, baker baking a cake make me a day … Maybe we could change his mind …There must be something here …” Tori Amos (“Baker baker”) The United States Supreme Court in a 7 to 2 decision reversed a penalty imposed on a baker who refused to...
The Supreme Court’s recent decision in Lucia v. SEC hardly came as a surprise. Sure, it invalidated a decades-old process for appointing SEC administrative law judges (“ALJs”), a rare occurrence, the reverberations of which are sure to flow across the federal landscape. But, after the...
After several years and many challenges, the Supreme Court has finally decided that Securities and Exchange Commission (“SEC”) administrative law judges (“ALJs”) are “inferior officers” who exercise significant federal authority and therefore are required by the Appointments Clause of the US constitution to be appointed...
This week BWO partner Ken White, whose practice includes federal criminal defense, spoke extensively about the FBI search of the offices of President Trump's attorney Michael Cohen. Mr. White had a Op-Ed column in the New York Times on April 10 explaining the likely significance of the...
BWO Partner Ken White appeared on Fox News @ Night With Shannon Bream last week to discuss why targets of investigations – in this case, the President of the United States – should be extremely wary of voluntary interviews with law enforcement....
BWO Partner Ken White, who is a Contributing Editor at Reason Magazine, has a new article published there explaining the perils of voluntary discussions with federal investigators....
Brown White & Osborn LLP partner Ken White, a First Amendment litigator, has launched a monthly podcast on the Legal Talk Network. The podcast, called "Make No Law", explores the background and context of famous First Amendment cases. At launch, two episodes are available: "Fighting Words,"...
BWO Partner Caleb Mason is in the LA Times on why Steve Bannon can’t claim executive privilege, and why the White House hasn’t claimed it....
BWO Partner Ken White, whose practice includes First Amendment law and free speech issues, has been selected to give the keynote address at the West Coast Regional Conference of the Foundation for Individual Rights in Education. FIRE is the preeminent organization defending the free speech...
The Social Science Research Network has named BWO partner Caleb Mason’s article “Jay-Z’s 99 Problems, Verse 2: A Close Reading with Fourth Amendment Guidance for Cops and Perps” a Weekly Top 5 paper based on demand for it. Ms. Mason’s article colorfully illustrates how the Jay-Z song...