The New York Law Journal published “Seeking Leniency in Federal Sentences: Are Departures Dead?,” an article authored by Litigation partner Eric A. Tirschwell and Litigation associate Jennifer Diana, in its May 4, 2010 issue. The article examines courts’ treatment of non-government-sponsored downward departures since Booker, which rendered the Sentencing Guidelines advisory only. The authors’ review of nationwide statistics compiled by the U.S. Sentencing Commission showed that variances have quickly and steadily become the predominant type of non-guidelines sentence whereas non-government-sponsored downward departures have been steadily decreasing. The article also discusses how the U.S. Sentencing Commission, to which Mr. Tirschwell is the Second Circuit representative on the Practitioner’s Advisory Group, seems to be responding to this sentencing trend and, finally, suggests practice points for defense attorneys to consider when seeking leniency for their clients at sentencing.