Criminal Practice

  • November 05, 2025

    Mass. Justices Consider Raises To Address Counsel Shortage

    Justices on Massachusetts' highest court grappled at a hearing Wednesday with its ability to address an ongoing shortage of attorneys willing to represent indigent defendants, after lawyers in two of the state's busiest counties stopped taking cases in May in protest over the low pay compared with other states.

  • November 05, 2025

    Judge Slams DOJ's 'Indict First' Strategy In Comey Case

    Federal prosecutors were given just over 24 hours to hand over all of the grand jury materials and anything seized under years-old warrants in the James Comey case when a Virginia federal judge said Wednesday that the government appeared to be pursuing an "indict first, investigate last" strategy.

  • November 04, 2025

    Philly DA Krasner Defeats Judge Challenger To Win 3rd Term

    Philadelphia District Attorney Larry Krasner fended off former Municipal Court Judge Patrick Dugan Tuesday in his bid for a third term as the city's top prosecutor.

  • November 04, 2025

    Manhattan DA Alvin Bragg Defeats 2 To Win Reelection

    Manhattan District Attorney Alvin Bragg sailed to reelection Tuesday, defeating a Republican former public defender and an independent former prosecutor who had both accused him of being soft on crime.

  • November 04, 2025

    Ex-Fla. GOP Chair Says Police Unlawfully Searched His Phone

    The former chairman of Florida's Republican Party sued a pair of police detectives for alleged violations of his constitutional rights, claiming he was forced to resign after they searched his cell phone and included private communications in reports that were leaked to the public.

  • November 04, 2025

    DC Circ. Affirms Gun Conviction Despite Anxious Juror Note

    A D.C. Circuit panel affirmed a man's nearly five-year sentence for being a felon in possession of a gun, finding on Tuesday that although a juror told the court after the verdict that her anxiety may have deprived the defendant of justice, this couldn't be considered.

  • November 04, 2025

    2nd Circ. Revives Habeas Petition Over Counsel's Mistake

    A divided Second Circuit panel ruled Tuesday that because a convicted sex trafficker's counsel during his first criminal appeal made an admittedly "inexcusable" mistake, the convict should be granted a second chance via a habeas petition to challenge his sentence.

  • November 04, 2025

    Passenger Blameless For Car Contraband To Be Resentenced

    A Connecticut state appeals court said Tuesday that a man convicted of drug offenses who had his probation revoked and was sentenced to eight years in prison after a 2022 police altercation should be resentenced since the drugs and weapon inside a vehicle he was in weren't clearly his.

  • November 04, 2025

    5th Circ. Leery Of Tossing Search After Driver Had Gun

    A Fifth Circuit panel seemed skeptical of an argument that a Mississippi police officer lacked probable cause to search a disabled passenger during a traffic stop after he found a gun on the car's driver, saying Tuesday the court must consider the totality of circumstances.

  • November 04, 2025

    DOJ Ignores Court Discovery Order In Letitia James Case

    The U.S. Department of Justice has refused to provide New York Attorney General Letitia James access to documents related to her October indictment on mortgage fraud charges, arguing Tuesday that a Virginia federal judge was too early in making the discovery order.

  • November 04, 2025

    2 Facing Charges In Harvard Medical School Explosion

    Two college-age men from southeastern Massachusetts were arrested Tuesday on charges that they used a commercial-grade firework to set off an explosion inside a Harvard Medical School lab early Saturday morning, the U.S. attorney's office announced.

  • November 04, 2025

    Ex-Conn. Official Gets Sentencing Delayed Pending 2nd Trial

    A Connecticut federal judge on Tuesday indefinitely delayed sentencing for Konstantinos "Kosta" Diamantis, a former Connecticut budget official convicted of soliciting and accepting bribes connected to school construction projects, after defense counsel requested a pause until a second trial on unrelated corruption charges concludes.

  • November 04, 2025

    Ga. Justices Uphold Ex-Atty's Matricide Conviction

    The Supreme Court of Georgia on Tuesday upheld the murder conviction of a disbarred Peach State attorney who was found guilty of killing his mother on the day he was due to report to prison for stealing clients' money, ruling that "ample" circumstantial evidence tied him to the scene of the crime.

  • November 04, 2025

    2nd Circ. Hints Bankman-Fried's $11B Forfeiture Is Overkill

    The Second Circuit suggested Tuesday that the government's $11 billion forfeiture order against Sam Bankman-Fried may be unconstitutionally large, noting that the staggering amount tops the raft of cases tasking the court with determining if such money judgments pass Eighth Amendment muster.

  • November 03, 2025

    Feds Defend Cases Against James Comey, Letitia James

    The U.S. Department of Justice on Monday took a swing at bids by former FBI Director James Comey and New York Attorney General Letitia James to get their indictments thrown out, telling a federal judge the appointment of interim U.S. Attorney Lindsey Halligan was valid.

  • November 03, 2025

    Judge Reminds Gov't To Follow Media Rules In James Case

    A Virginia federal judge has reminded the parties in the government's alleged bank fraud case against New York Attorney General Letitia James not to publicly discuss grand jury proceedings after U.S. Attorney Lindsey Halligan texted with a reporter about the case in October.

  • November 03, 2025

    3rd Circ. Says FBI, US Attorneys Fumbled FOIA Requests

    The Third Circuit partially revived a Freedom of Information Act lawsuit lodged by a man convicted of mortgage fraud on Monday, agreeing that the Federal Bureau of Investigation and the Executive Office for United States Attorneys lacked justification for failing to give him certain information he asked for.

  • November 03, 2025

    Mich. Justices To Review If Indigent Defendant Must Pay Atty

    Michigan's highest court has said it will review a judge's decision to order a homeless man convicted of assault to pay his court-appointed counsel.

  • November 03, 2025

    Fire Forced Search Of Murder Suspect's Home, NJ Justices Told

    Prosecutors urged the New Jersey Supreme Court on Monday to reverse a lower court's suppression of evidence in the case of a Garden State man accused of killing his brother and his brother's family, arguing that an ongoing fire at the home where the evidence was recovered justified the warrantless seizure.

  • November 03, 2025

    Fla. Pain Doc Was 'Pawn' In Kickback Scheme, 11th Circ. Told

    A Florida pain management doctor on Monday urged the Eleventh Circuit to reverse his conviction in a conspiracy to accept kickbacks for prescribing a liquid fentanyl drug, arguing that he was merely a "pawn" in the scheme.

  • November 03, 2025

    10th Circ. Backs Cop's Stakeout Testimony In Felon Gun Case

    The Tenth Circuit has ruled that law enforcement had probable cause to search and arrest a convicted felon after they saw him in possession of firearms during an unrelated sting operation at a motel where he was staying.

  • November 03, 2025

    Black Man Granted New Trial In Mass. Over Lawyer's Bias

    A Black man who pled guilty to firearms offenses in 2018 after consulting with his lawyer — who was found to have made racist social media posts — is entitled to a new trial, Massachusetts' intermediate-level appeals court said Monday, unanimously reversing a lower court's decision.

  • November 03, 2025

    Expert Sues DC Atty For Allegedly Pirating $30K J6 Report

    A Texas-based expert report author has accused a Washington, D.C., attorney and her firm of unlawfully copying and distributing a copyrighted report regarding jury pool attitudes toward cases related to the Jan. 6, 2021, storming of the U.S. Capitol in at least three separate criminal cases, unlawfully bypassing a $30,000 licensing fee.

  • November 03, 2025

    Justices Skeptical Of Tolling Supervised-Release Absconders

    The U.S. Supreme Court appeared hesitant Monday to embrace the government's arguments that the "fugitive tolling" doctrine, which bans criminal defendants from earning credits to reduce prison sentences while they are not behind bars, should also be used to penalize defendants who abscond from supervised release.

  • October 31, 2025

    Up Next At High Court: Tariffs, Fugitives & Contractor Liability

    The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.

Expert Analysis

  • Protecting Sensitive Court Filings After Recent Cyber Breach

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    In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.

  • DOJ Chemical Seizure Shows Broad Civil Forfeiture Authority

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    The U.S. Department of Justice’s recent seizure of meth precursor chemicals en route from China to Mexico illustrates the U.S. government's powerful jurisdictional reach to seek forfeiture of cartel-related assets, and company compliance programs must take note, say attorneys at White & Case.

  • High Court Right-To-Counsel Case Could Have Seismic Impact

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    The U.S. Supreme Court will hear arguments next week in Villarreal v. Texas about whether prohibiting testimony discussions between defendants and their counsel during an overnight recess violates the Sixth Amendment, and the eventual decision could impose a barrier in the attorney-client relationship, say attorneys at Arnold & Porter.

  • High Court Firearm Case Tests Limits Of Double Jeopardy

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    The U.S. Supreme Court will hear arguments next week on the double jeopardy implications of overlapping federal gun statutes in Barrett v. U.S., and its ultimate decision could either erode a key shield in defense practitioners’ arsenals or provide strong constitutional grounds to challenge duplicative charges, says Sharon Appelbaum at Appelbaum Law.

  • Series

    Judging Figure Skating Makes Me A Better Lawyer

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    Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.

  • What Ethics Rules Say On Atty Discipline For Online Speech

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    Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

    Excerpt from Practical Guidance
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    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.

  • Demystifying Generative AI For The Modern Juror

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    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.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    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.

  • Series

    Playing Softball Makes Me A Better Lawyer

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    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.

  • How New Rule On Illustrative Aids Is Faring In Federal Courts

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    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.

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    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.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    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.

  • State False Claims Acts Can Help Curb Opioid Fund Fraud

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    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.

  • Strategies To Get The Most Out Of A Mock Jury Exercise

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    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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