Criminal Practice

  • 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.

  • September 26, 2025

    Oysters Not Covered By Drug Forfeiture Law, Court Rules

    Massachusetts' intermediate appellate court on Friday found that the commonwealth may not apply the same forfeiture laws used for seized drugs to 1,600 wild oysters, though it nonetheless upheld the taking of the allegedly ill-gotten mollusks.

  • September 25, 2025

    Ex-FBI Head Comey Indicted Days After Va. US Atty Replaced

    A federal grand jury in the Eastern District of Virginia on Thursday indicted former FBI Director James B. Comey on making a false statement and obstruction of Congress charges, just days after Donald Trump's former personal attorney took over as interim U.S. attorney in the district.

  • September 25, 2025

    Rap Song Can't Be Used To Prove Rap Sheet, NY Court Says

    A criminal defendant's rap song should not have been allowed as evidence that he enabled a murder, a New York state appeals court ruled, granting a new trial in a case that saw Brooklyn prosecutors put one of their own on the stand on a moment's notice as a slang expert.

  • September 25, 2025

    NY Court Vacates Guilty Plea Over Impossible Plea Agreement

    A New York state appeals court on Thursday vacated a plea agreement after finding it contained a requirement that a defendant complete a substance abuse program despite not being eligible for enrollment.

  • September 25, 2025

    Pa. Justices Say Gov't Must Show Proof Of 'High-Crime Areas'

    The Pennsylvania Supreme Court on Thursday ruled that police detention of a person based in part on their presence in a "high-crime area" must be supported by proof that the area is actually high in crime, but declined to create strict rules or tests to make that designation.

  • September 25, 2025

    Mich. High Court To Decide If Four Years Makes A Speedy Trial

    The Michigan Supreme Court will review whether a man sentenced to up to 15 years for domestic violence was denied the right to a speedy trial due to a four-year wait between his arrest and his case going before a jury.

  • September 25, 2025

    Calif. Panel Rejects Prisoner's Racial Bias Discovery Motion

    A California state appeals court has determined that an incarcerated Samoan man did not sufficiently allege he was discriminated against when brokering a plea agreement with state prosecutors, ruling that he should not have been granted limited discovery to prove his claims under a state racial justice law.

  • September 25, 2025

    US Olympic Org Beats Paralympian Abuse Coverage Dispute

    A Colorado federal court tossed an insurer's suit seeking to escape coverage for an underlying sexual abuse case against the U.S. Olympic and Paralympic Committee, saying the organization has no state citizenship for purposes of diversity jurisdiction.

  • September 25, 2025

    Bondi Faces Key 'Test' As Trump Orders Prosecutions

    Attorney General Pam Bondi has reached a crossroads less than eight months into her tenure as she faces an extraordinary directive from President Donald Trump to wield the U.S. Department of Justice against his political enemies.

  • September 24, 2025

    Calif. Tribes Fight State Highway Patrol Over Cannabis Raids

    The Round Valley Indian Tribes have opposed the state of California's motion to dismiss their lawsuit over what they claim are illegal cannabis raids, telling a federal judge that the bid to throw out their suit fails to prevail over the latest complaint's factual allegations.

  • September 24, 2025

    Planned Parenthood Shooter Still Not Competent For Trial

    The man accused of killing three people and injuring several more at a Colorado Springs Planned Parenthood in 2015 may never stand trial after a Colorado federal judge on Wednesday granted a joint motion to find the man incompetent to proceed despite his receiving rehabilitation services.

  • September 24, 2025

    Ga. Prisoner Gets 80 Years For Mailing Bombs To Court, DOJ

    A person incarcerated in a Georgia state prison has been sentenced to 80 years in federal custody after building and mailing bombs to a federal courthouse in Anchorage, Alaska, and the U.S. Department of Justice in Washington, D.C.

  • September 24, 2025

    DOJ Seeks Dismissal Of Pot User's Gun Charge

    The U.S. Department of Justice wants to end its prosecution of a cannabis user charged with possession of a firearm, telling an Oklahoma federal court on Tuesday that the case is old and it's very likely that the U.S. Supreme Court will soon address the gun law at issue.

  • September 24, 2025

    'Star Trek' Jury Instruction Not Fatal To Trial, Fla. Court Says

    A Florida appeals court ruled that a jury was not biased when a trial court drew out an extended metaphor while delivering jury instructions that included references to a Harry Potter invisibility cloak and a transporter on the Starship Enterprise.

  • September 24, 2025

    Pa. Court Will Reconsider Opinion In Probation Violation Case

    A Pennsylvania state appeals court has thrown out its ruling that a man on probation for a bar fight couldn't be found in violation of release conditions for harassing his attorney and judge without being criminally charged and will reconsider the case.

  • September 24, 2025

    Rikers Detainees File Class Action Over Solitary Confinement

    A group of detainees are accusing the New York City Department of Correction of systematically violating the state's landmark law restricting solitary confinement, saying in a state court in a proposed class complaint they have been locked in their cells for up to 24 hours a day at Rikers Island despite the ban, a lawyer told Law360 on Wednesday.

  • September 24, 2025

    9th Circ. Revives Sex Harassment Suit Against Wash. Sheriff

    The Ninth Circuit reopened a lawsuit alleging that a Washington sheriff's department failed to stop a deputy sheriff who coerced a woman he had previously arrested into a seven-year sexual relationship, ruling that each alleged instance of sexual misconduct restarted the statute-of-limitations clock.

  • September 24, 2025

    Sen. Ossoff Pushes Fed. Courts To Uphold Access To Counsel

    Sen. Jon Ossoff, D-Ga., has urged the Judicial Conference to take further action to ensure that all defendants, particularly low-income ones, have access to counsel for their initial appearance in federal court.

  • September 24, 2025

    Pa. Man Gets 4 Years In Prison For $72M Fraud

    A Pennsylvania man has been sentenced to four years behind bars for scamming two lenders out of $72 million that he said would go toward buying insurance companies, according to the U.S. attorney's office in Philadelphia.

  • September 23, 2025

    Judiciary Dems Demand Feds Explain 'Border Czar' Probe

    Democratic members of the Senate Judiciary Committee announced Tuesday they are looking into the Trump administration's alleged closure of a U.S. Department of Justice bribery investigation of White House "border czar" Thomas Homan, following recent news reports that he accepted $50,000 from an undercover FBI agent.

  • September 23, 2025

    Feds Defend Search In SC Ex-Legislator's CSAM Case

    Prosecutors on Monday asked a South Carolina federal court to allow the use of evidence collected from the phone of former state legislator R.J. May, a powerful Republican in the Palmetto State who was arrested earlier this year in an investigation of child sexual abuse materials.

  • September 23, 2025

    NC Legislature Passes Bill To Eliminate Cashless Bail

    In the wake of the murder of a Ukrainian refugee on public transit allegedly by a man recently arrested and freed on a promise to appear, North Carolina's General Assembly on Tuesday passed a bill to eliminate cashless bail and make it easier to execute people in the state.

  • September 23, 2025

    Judge Keeps DNA Evidence, Won't Split Gilgo Beach Trial

    A New York state justice has again denied suspected Gilgo Beach serial killer Rex Heuermann's attempt to preclude DNA evidence from the case against him, finding Tuesday that the state public health law Heuermann cited as barring the forensics lab used by prosecutors was inapplicable to his case.

  • September 23, 2025

    Chair Of Puerto Rican Bank Pleads Guilty To $13.6M Fraud

    The chairman of the board of Puerto Rico-based Nodus International Bank has pled guilty to leading a scheme through which he and the bank's former CEO stole more than $13.6 million from Nodus and used it for their own benefit.

Expert Analysis

  • 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.

  • 9th Circ. Ruling Leaves SEC Gag Rule Open To Future Attacks

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    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.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    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.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    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.

  • 7 Document Review Concepts New Attorneys Need To Know

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    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.

  • Avoiding Unforced Evidentiary Errors At Trial

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    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.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    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.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

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