As the year draws to a close, KMS extends our warmest wishes for a peaceful and restorative holiday season. We recognize that 2025 has brought its share of challenges and uncertainty for many, and KMS remains committed to providing steadfast advocacy during these complex times. Each year, we take a moment to reflect on which topics resonated most with our readers, and this year’s list reveals the issues that kept practitioners and those facing investigations up at night—from the mechanics of FBI 302s and Rule 17(c) subpoenas to the increasingly relevant questions about selective prosecution and government conflicts of interest.
Below, you’ll find our most-read posts of 2025, covering both the evergreen fundamentals of white-collar defense and the emerging concerns that have shaped this year’s legal landscape.
#10 Government Employees at Risk: Conflicts of Interest May Be Crimes, Not Just Ethics Violations
The popularity of this post may reflect the scrutiny of government employees by the Trump Administration. It has made no secret of its desire to target federal employees and Section 208, and other similar sections, provides fodder for that effort.
I’m in trial this month in lovely Birmingham, Alabama. Since I forgot to bring my Just The Rules rulebook, I clearly should have read my own post. The fact that this post from 2019 is still popular suggests that there is a dearth of practical articles about the mechanics of trial practice. Expect an update in early 2026!
#8 By Search Warrant or Subpoena, the Government Will Get Your Gmail (and the Numbers Are on the Rise)
Search warrants to Google (for Gmail accounts) and to Apple (for iCloud accounts) are de rigueur for DOJ investigations these days. This is another post that’s long overdue for an update. I wonder if the numbers have skyrocketed since late 2020, when I first wrote the post.
#7 Rule 17(c) Subpoenas – The Unfair Limits on a Defendant’s Ability to Prepare a Defense (Part I)
This is one of my all-time favorite posts because Rule 17(c) subpoenas are so important and yet so seldom discussed. Also the Federal Criminal Rules Committee has recommended some very important changes to the rule that are worth tracking.
#6 Selective/Vindictive Prosecution Defenses to ‘Political’ Criminal Charges: Looks Are Deceiving
I have a few guesses why this post is suddenly popular. Let’s see: Jim Comey, Letitia James…
#5 Can a Defendant Get Attorney’s Fees If He’s Acquitted and There’s Prosecutorial Misconduct?
This is a question that many clients ask and the answer is, unfortunately, no. Technically the Hyde Amendment permits recovery of fees but the high standard makes it nearly impossible to prevail.
#4 Unavailable Witnesses, Remote Trial Testimony, and the Confrontation Clause
This has been a perennial issue since Covid removed technological barriers to remote testimony. But the Constitution still prevails over convenience in most circumstances.
#3 What’s the Deal with Year-and-a-Day Sentences? Or, Why Defendants Welcome the Extra Day
This post explains why that extra day matters–in a good way–for defendants. It triggers good time credits and that means a reduction in the sentence actually served by several months.
#2 What is an FBI 302? The Problematic Nature of FBI Agents’ Interview Memos
If you get me talking at a cocktail party* about white collar issues, this would be topic #2 after Rule 17(c) subpoenas. These interview memos remain the bane of a defense lawyer’s existence and a key part of trial prep.
*This is why you may not want to talk to me at a cocktail party.
#1 How Many Times Can DOJ Try a Case After a Hung Jury? DOJ ‘Jury Shopping’ for a Conviction
Nothing confuses non-lawyers more than the idea that DOJ can keep trying a case until it gets a guilty verdict, even after multiple hung juries. This post explains why DOJ gets many bites at the apple.