Recently, the Ninth Circuit decided the case of United States v. Payne, holding that forcing an individual to use their thumb or finger to unlock an electronic device does not violate their Fifth Amendment right against self-incrimination. The holding would certainly also apply to forcing...
Recently the trial judge in Donald Trump’s Georgia criminal case ruled that Fani Willis could stay on the case, but only if Nathan Wade left. As a recap, Willis and Wade used to date, and she hired him to lead the prosecution against Trump. The...
On January 23, 2024, the 9th Circuit Court of Appeals rebuked the FBI for its March 2021 raid on US Private Vaults (“USPV”) in Beverly Hills, California. The decision ends the long running drama associated with the FBI’s seizure of hundreds of safety deposit boxes...
Frontline PBS recently released Democracy on Trial, a special documentary examining the origins and key evidence in the upcoming trials against former President Donald Trump. BWO Partner Ken White features prominently throughout the documentary. Ken is a leading criminal defense attorney and First Amendment expert, who...
California’s mental health diversion statute, Penal Code section 1001.36, has been on the books since 2018. But there is no published case nor any secondary source addressing its applicability to a white-collar defendant. While a number of firms have blog posts about mental health diversion,...
Harvard’s president, Claudine Gay, resigned earlier this week. Her resignation letter suggests two root causes: fallout from her recent congressional testimony and allegations of plagiarism in her academic work. This post primarily addresses legal considerations regarding the latter, though it offers some concluding thoughts about...
Here on the Brown White & Osborn LLP Blog, we’ve covered many of the emergency steps that different branches of government have taken to address the COVID-19 pandemic. In several jurisdictions, authorities have extended the statute of limitations within which prosecutors must file criminal charges on the theory that...
Brown White & Osborn LLP partner Ken White was a guest on the National Constitution Center's podcast "We The People," which addressed continuity of government during the pandemic and how various branches of government are adjusting to social distancing. The podcast is here. ...
Brown White & Osborn LLP partner Ken White wrote several columns, and appeared on several news programs, based on his expertise with federal criminal law in the past week: "Three Remarkable Things About Michael Cohen's Plea," November 29, 2018 in The Atlantic. "Why Did Manafort...
KCRW -- which produces the popular weekly political news show "Left Right and Center" -- has launched a popular new podcast "All The President's Lawyers," co-hosted by BWO partner Ken White. Every week, KCRW's Josh Barrow and Ken White discuss the many legal issues and...