DOJ has had mixed success in the prosecution of traders. Where is the dividing line between illegal activity and savvy trading? Susan Brune and Erin Dougherty review the major categories of recent prosecutions and highlight the key issues that have presented obstacles to conviction – and opportunities for the defense.

How can a defense attorney minimize the potentially long-lasting impact of burdensome pretrial release conditions? How can the defense attorney engage in meaningful review, especially when the assistant U.S. attorney refuses to produce an exhibit list?

A conspiracy is often easier for the government to prove than the underlying substantive offenses. The upcoming wire fraud trial of Elizabeth Holmes, who founded the Theranos company, provides an example of the prosecution’s advantages in conspiracy law. How can the defense fight back?

Most criminal defense attorneys and criminal law scholars have never heard of the strictissimi juris doctrine. Steven Morrison addresses that knowledge gap and offers instructions for defending clients who are engaged in First Amendment-protected conduct and are charged with conspiracy. He provides a brief history of strictissimi juris, presents concrete potential uses of the doctrine, and discusses the contents of the motion defense attorneys should file when arguing that the doctrine applies.