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Criminal Practice
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September 30, 2025
Combs Loses Bid To Escape Prostitution-Related Conviction
A New York federal judge on Tuesday denied Sean "Diddy" Combs' request to undo his criminal conviction for transporting two of his former girlfriends for prostitution, allowing sentencing for the hip-hop mogul to move forward on Friday.
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September 30, 2025
Nevada US Atty 'Not Validly Serving,' Judge Says In DQ Order
Nevada's top federal prosecutor was disqualified from overseeing a handful of criminal cases after a federal judge on Tuesday determined she is "not validly serving as acting U.S. attorney" and that her involvement in the cases "would be unlawful."
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September 30, 2025
DOJ Sues LA Sheriff's Department Over Delayed Gun Permits
The U.S. Department of Justice on Tuesday accused the Los Angeles County Sheriff's Department of infringing Californians' Second Amendment rights, days after the DOJ announced a new office focused on affirmative litigation against local governments and private entities that interfere with federal policies.
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September 30, 2025
'Unseemly': Judge Blasts Feds' 'End Run Around' Grand Jury
A Washington, D.C., federal judge has refused to accept an indictment after learning that prosecutors used a local grand jury to get a do-over when the initial federal grand jury declined to indict, saying he "will not rubberstamp the breaking of decades-long norms and the rule of law."
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September 30, 2025
No New Trial For Donna Adelson In Murder Of Law Professor
Donna Adelson, who was convicted of killing her former son-in-law, law professor Dan Markel, in a murder-for-hire plot, cannot have a new trial or interview a juror who made a TikTok post, a Florida state judge has ruled, refusing to disturb the verdict.
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September 30, 2025
10th Circ. Says Robbery Wasn't 'Violent,' Nixing Gun Sentence
A split Tenth Circuit panel on Tuesday vacated a 20-year prison sentence for an Oklahoma man who was charged with being a felon in possession of a firearm after police searched him during a robbery investigation at his own home.
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September 30, 2025
Ohio Court Tosses Trespass Charge Over Speedy Trial Error
An Ohio state appeals court has tossed a man's misdemeanor trespassing charge after finding that he was denied a speedy trial when a prosecutor and judge incorrectly calculated the start of the 45-day window for when his trial was legally required to occur.
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September 30, 2025
7th Circ. Urges Litigants To Exercise Caution In Using AI
A Seventh Circuit panel ended an inmate's appeal of his life sentence, noting in an unpublished opinion filed Tuesday that his lawyer found no real legal issues worth raising, while warning the parties not to rely blindly on generative AI when writing court papers, as it can lead to serious mistakes.
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September 30, 2025
Court Must Address Bad Lawyering In Case Of Assaulted Cop
A man who was sentenced to up to five years in prison for assaulting a police officer should have had his ineffective-counsel arguments addressed, the Georgia Court of Appeals has ruled, vacating the denial of his request for a new trial.
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September 30, 2025
Undercover Cop's Nonwhite 'Bitmoji' May Be Bias, Court Says
A Massachusetts police department's use of a nonwhite "bitmoji" avatar while conducting gang surveillance on Snapchat could reasonably be viewed as selective enforcement, the state's high court said on Tuesday, in a case being watched by a coalition of criminal justice, civil liberties and privacy advocates.
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September 29, 2025
Colo. High Court Upholds Habitual Criminal Sentencing Law
The Colorado Supreme Court ruled Monday that the state's habitual sentencing statute, which allows more severe penalties for repeat offenders, complies with 2024 U.S. high court precedent as long as a jury, not a judge, looks at the defendant's criminal history.
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September 29, 2025
NJ Court Backs Sentence Enhancement For Domestic Abuse
A New Jersey appeals court panel on Monday ruled in a matter of first impression that applying a sentencing enhancement for repeat domestic violence offenders is not "double counting" the latest offense, rebuffing a man's attempt to reduce his sentence for assaulting his girlfriend.
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September 29, 2025
Chancery Urged To Keep Alive Ukrainian Oligarch Suit
An attorney for an investor seeking to recover $58.5 million allegedly lost to individuals and entities entangled in decades-old fraud-related allegations involving two Ukrainian oligarchs and others urged a Delaware vice chancellor Monday to reject claims that time ran out for the case years ago.
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September 29, 2025
First Step Act Isn't All Retroactive, Gov't Tells High Court
The federal government has asked the U.S. Supreme Court to find that Congress never intended certain sentencing reduction provisions within the 2018 First Step Act to be applied retroactively, and to resolve a 6-4 circuit split.
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September 29, 2025
10th Circ. Backs DOJ's Prosecution Of Okla. Cannabis Atty
The Tenth Circuit has decided that the federal prosecution of an Oklahoma attorney accused of helping clients bypass the state's medical marijuana laws could proceed despite a federal policy that bars the U.S. Department of Justice from using funds to target state legal medical cannabis activity.
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September 29, 2025
Court Affirms Philly Policy Against Minor Traffic Stops
A divided Pennsylvania appeals court upheld a local ordinance and executive order issued by the Philadelphia mayor ordering police in the city not to enforce minor traffic violations, ruling that the orders are not preempted by the state's vehicle code.
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September 29, 2025
FOIA Suit Targets FBI Over Customs Agent's 1986 Death
Two researchers are asking an Arizona federal court to order the FBI to release records related to the 1986 death of an Indigenous U.S. Customs Service agent, alleging the agency withheld information that will shed light on the circumstances surrounding the unsolved case.
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September 29, 2025
Ex-US Atty To Bring 'Formidable' Defense To Comey Charges
Faced with a blockbuster indictment alleging he lied to Congress, former FBI Director James Comey has turned to his longtime friend and famous tough-on-corruption ex-prosecutor Patrick Fitzgerald to fight the charges.
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September 26, 2025
Ex-Wall Street Financier, Assistant Charged With Sex Trafficking
Retired financier Howard Rubin and his longtime assistant were charged with sex trafficking Friday in New York federal court, where prosecutors say Rubin lured women to his New York City penthouse "dungeon" where he assaulted them.
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September 26, 2025
9th Circ. Nixes Murder Restitution Over Spousal Interest
The federal government cannot seize as restitution a retirement account belonging to a man sentenced to life in prison for murdering two of his U.S. Coast Guard colleagues at an Alaska maintenance facility in 2012 because his wife has an interest in the account, a Ninth Circuit panel ruled Friday.
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September 26, 2025
Citizens Lack Standing To Force Election Probe, Per Ga. Panel
The Georgia Court of Appeals said Friday that a trial court rightly scuttled a suit trying to force the appointment of a special prosecutor to probe a state official suspected of involvement in Georgia's election interference case, but the lower court failed to take the necessary step to dismiss the case outright.
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September 26, 2025
Agents Seek Stay In Fatal Ariz. Shooting Amid 9th Circ. Appeal
The federal government and three U.S. Customs and Border Patrol agents are asking an Arizona federal court to pause a lawsuit alleging the agents wrongfully shot and killed a Tohono O'odham Nation man until the Ninth Circuit weighs in on whether they are immune from the claims.
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September 26, 2025
Star Witness Against NJ Sen. Menendez Asks For Leniency
The government's key witness in the cases against former New Jersey U.S. Sen. Bob Menendez and his wife told a New York federal court that because he pled guilty and cooperated, his sentence for admitted bribery and other crimes should be time served, not the years his seven counts could carry.
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September 26, 2025
Men On NYPD Gang List Fight To Keep Alive Racial Bias Suit
Three anonymous men on the New York Police Department's list of gang members have urged a federal judge to reject the city's bid to dismiss their putative class action, saying their claims are based on ongoing racial discrimination and civil rights violations.
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September 26, 2025
The Comey Case Was Hard To Bring. It May Be Harder To Win.
The government faces steep challenges in proving key elements of its bare-bones indictment of former FBI Director James B. Comey, including his state of mind during 2020 testimony before Congress and the potential lack of a credible star witness, experts say.
Expert Analysis
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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How New Rule On Illustrative Aids Is Faring In Federal Courts
In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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State False Claims Acts Can Help Curb Opioid Fund Fraud
State versions of the federal False Claims Act can play an important role in policing the misuse of opioid settlement funds, taking a cue from the U.S. Department of Justice’s handling of federal fraud cases involving pandemic relief funds, says Kenneth Levine at Stone & Magnanini.
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.
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9th Circ. Ruling Leaves SEC Gag Rule Open To Future Attacks
Though the Ninth Circuit's recent ruling in Powell v. U.S. Securities and Exchange Commission leaves the SEC's no-admit, no-deny rule intact, it could provide some fodder for litigants who wish to criticize the commission's activities either before or after settling with the commission, says Jonathan Richman at Brown Rudnick.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.