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Criminal Practice
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February 13, 2026
Suspect In Labor Scheme Probed By IRS Must Stay In Custody
A self-proclaimed religious leader accused of orchestrating a sweeping forced-labor scheme investigated by the Internal Revenue Service must stay behind bars while he awaits trial, a Michigan federal judge decided Friday after privately reviewing more than 150 pages of victims' statements.
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February 13, 2026
Judge Unsure OnlyFans Model Can Pin X With Revenge Porn
A Texas federal judge seemed hesitant to buy an argument by an anonymous OnlyFans model that circulation of his images on X constitutes a violation of revenge porn laws, saying Friday the model's claims seem "difficult to reconcile" with the actual text of the law.
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February 13, 2026
ICE's Surveillance Tech Raises 4th Amendment Concerns
The Trump administration's use of surveillance technology in immigration enforcement is raising Fourth Amendment concerns among civil liberties experts, but challenging its use in court could be tricky, experts told Law360.
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February 13, 2026
Illegal Car Exit Order Sinks Driver's Drug, Gun Conviction
A Massachusetts state police trooper had no legal justification for ordering what officers described as a "pretty chill" driver out of his vehicle before conducting a search that turned up drugs and a gun, the state's highest court said in vacating the driver's conviction on Friday.
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February 13, 2026
Mass. Judge's 'Show Me The Fentanyl' Dismissal Vacated
A Boston judge overstepped by dismissing a narcotics case on the grounds that prosecutors, adhering to court rules, failed to bring dangerous fentanyl-containing drugs into the courtroom, a Massachusetts appeals court determined on Friday.
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February 12, 2026
Affairs, Spending Come Out In Goldstein Cross-Examination
SCOTUSblog founder Thomas Goldstein was confronted Thursday with allegations of extramarital affairs, lavish spending and lies on asset disclosures, all in front of the jury in his ongoing tax fraud trial.
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February 12, 2026
Feds Charge 2 Foreign Nationals Over $10M Healthcare Fraud
Federal officials in Chicago announced healthcare fraud charges Thursday against two natives of Pakistan who allegedly made $10 million by using fake medical companies to submit Medicare and other health benefit claims for items and services they never provided.
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February 12, 2026
Pa. Panel Says Parolee Can't Have Probation Term Revoked
A Pennsylvania appeals court vacated a sentence of a man sent back to prison for a probation violation, holding that because he was still serving a parole term when he failed to appear in court, he did not violate the terms of his probation.
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February 12, 2026
Row Over Forensic Expert Testimony Hits NC High Court
Prosecutors are urging North Carolina's highest court to uphold a drug conviction thrown out on appeal, saying an appellate court deemed a key forensic expert's trial testimony unconstitutional using a flawed interpretation of the U.S. Supreme Court's 2024 decision in Smith v. Arizona.
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February 12, 2026
Mass. US Atty Calls ICE Criticism 'Hyperbole,' Praises Agents
Massachusetts U.S. Attorney Leah B. Foley said Thursday that criticism of U.S. Immigration and Customs Enforcement by state and local officials and a lack of cooperation with federal agents is to blame for "chaos in the streets," as she forcefully defended the Trump administration's policies.
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February 12, 2026
Coal Exec Used 'Mr. Yen' To Talk Kickbacks, FBI Testifies
A former Corsa Coal Corp. executive exchanged messages with a sales agent in Egypt that appeared to reference splits of sales commissions among officials at the Al Nasr Co. for Coal and Coke, and used coded phrases like "meet Mr. Yen" to discuss sending money as kickbacks, an FBI agent told a Pittsburgh federal jury Thursday.
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February 12, 2026
Judge Halts Supermax Transfer For Death Row Prisoners
A D.C. federal judge has barred the Trump administration from transferring a group of prisoners whose death sentences were commuted to life in prison to the federal system's most restrictive prison, finding they are likely to succeed on their claim that the redesignations violate due process.
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February 12, 2026
'Texit' Crypto Offering Halted By Texas Securities Regulator
Texas' state securities regulator has filed an emergency cease-and-desist order against an enterprise selling mining interests for a cryptocurrency invoking the Texas secession movement, alleging the scheme constitutes a fraudulent and unregistered offering and sale of securities.
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February 12, 2026
NY Court Orders Ineffective-Counsel Hearing In Murder Case
A New York appeals court ordered a lower court to hold a hearing for a man convicted of murder to present his case that he was given ineffective assistance of counsel when his trial attorney refused to request a lesser included offense in his case.
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February 12, 2026
Texas AG To Investigate Conduent, BCBS For Data Breach
Texas Attorney General Ken Paxton announced Thursday that he's investigating Blue Cross Blue Shield of Texas and Conduent Business Services LLC over a sprawling data breach that left sensitive data for upward of four million Texans exposed.
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February 12, 2026
NYC Politician Lander Gets Trial Date Over ICE Scuffle
A Manhattan federal judge set a May trial date Thursday for former New York City Comptroller Brad Lander to adjudicate a ticket he received for allegedly obstructing Immigration and Customs Enforcement as he monitored proceedings at a building where immigrants have been detained.
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February 11, 2026
SC High Court Probes Clerk's Misconduct In Murdaugh Appeal
The South Carolina Supreme Court on Wednesday closely inspected Alex Murdaugh's appeal claiming the jury in his high-profile double-murder trial was biased because of comments made by a clerk of court, voicing questions and statements favorable to the disgraced lawyer's arguments.
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February 11, 2026
Goldstein Says He Lost Millions On Poker In 2016
SCOTUSblog founder Thomas Goldstein told the Maryland federal jury in his tax fraud trial Wednesday that he lost nearly $3 million playing poker in 2016, directly contradicting charges that he underreported his gambling winnings, and pinned the blame for tax filing errors on his own miscalculations and shoddy work from his accountants.
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February 11, 2026
Not 'Your Dad's DOJ': Recapping Year 1 Under Bondi
Even before her contentious congressional testimony on Wednesday, few U.S. attorneys general had been embroiled in so many controversies so early into their tenures as Pam Bondi, who critics and supporters alike say embodies a new era at the Justice Department.
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February 11, 2026
Fla. Panel Orders New Trial Over Forcible-Felony Instruction
A Florida appeals court ordered a new trial Wednesday for a man convicted of being a principal in a murder, after finding an incorrect jury instruction undermined his trial defense that the use of force was justified.
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February 11, 2026
Ariz. Justices Say Screening Didn't Create Client Relationship
The Arizona Supreme Court ruled Wednesday that a social worker who conducted a brief crisis screening of a patient could testify at an involuntary treatment hearing, holding that the interaction did not create a confidential behavioral health professional-client relationship and therefore was not protected by privilege.
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February 11, 2026
Egypt's 'Social Law' Doesn't Endorse Bribery, Jury Told
Attorneys for a former Corsa Coal executive on trial for allegedly passing bribes sought to undermine an expert witness's opinions that bribery was illegal in Egypt, confronting him with law review articles he'd written that said corruption was commonly accepted and had become the "social law."
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February 11, 2026
Trio Leading NJ District Office Face New Disqualification Bid
A criminal defendant who successfully challenged the appointment of Donald Trump's former personal attorney Alina Habba as New Jersey's top federal prosecutor joined other defendants in seeking to disqualify the trio now helming the office.
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February 11, 2026
Creek Nation Fights City's Bid To Pause Jurisdictional Suit
The Muscogee (Creek) Nation has pushed back against an Oklahoma municipality's bid to stay a jurisdiction dispute in federal district court while a similar challenge plays out in the Tenth Circuit, saying that the two cases aren't covering the same ground.
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February 11, 2026
Atty Should Remain Jailed In Cyberstalking Case, Court Told
A Texas federal judge recommended the denial of a pretrial release of a jailed attorney accused of cyberstalking other attorneys at BigLaw firms, determining that she was unable to provide new information that would justify reconsidering the initial decision to detain her.
Expert Analysis
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Perspectives
Justices' Sentencing Ruling Is More Of A Ripple Than A Wave
The U.S. Supreme Court’s decision last week in Esteras v. U.S., limiting the factors that lower courts may consider in imposing prison sentences for supervised release violations, is symbolically important, but its real-world impact will likely be muted for several reasons, say attorneys at Perkins Coie.
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DOJ Atty Firing Highlights Tension Between 2 Ethical Duties
The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.
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DOJ Has Deep Toolbox For Corporate Immigration Violations
With the U.S. Department of Justice now offering rewards to whistleblowers who report businesses that employ unauthorized workers, companies should understand the immigration enforcement landscape and how they can reduce their risk, say attorneys at McDermott.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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Court Rulings Warn Against Oversharing With Experts
Recent decisions, including in bad faith insurance cases, demonstrate that when settlement information documents are inadvertently shared with testifying experts, courts may see no recourse but to strike the entire report or disqualify the expert, says Richard Mason at MasonADR.
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DOJ May Rethink Banning Firearms For Marijuana Users
In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.
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EDNY Ruling May Limit Some FARA Conspiracy Charges
Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.
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DOJ Memo Lays Groundwork For Healthy Bank Sponsorships
The U.S. Department of Justice's recent digital asset policy shift offers potential clarity in the murky waters of sponsor bank relationships, presenting nontraditional financial companies with both a moment of opportunity and a test of maturity, say attorneys at Arnall Golden.
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FCPA Enforcement Is Here To Stay, But It May Look Different
After a monthslong enforcement pause, the U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines fundamentally shift prosecutorial discretion and potentially reduce investigatory burdens for organizations, but open questions remain, so companies should continue to exercise caution, say attorneys at Simpson Thacher.
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Remediation Still Reigns Despite DOJ's White Collar Shake-Up
Though the U.S. Department of Justice’s recently announced corporate enforcement policy changes adopt a softer tone acknowledging the risks of overregulation, the DOJ has not shifted its compliance and remediation expectations, which remain key to more favorable resolutions, say Jonny Frank, Michele Edwards and Chris Hoyle at StoneTurn.
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The Sentencing Guidelines Are Commencing A New Era
Sweeping new amendments to the U.S. sentencing guidelines — including the elimination of departure provisions — intended to promote transparency and individualized justice while still guarding against unwarranted disparities will have profound consequences for all stakeholders, say attorneys at Blank Rome.
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What FCA Liability Looks Like In The Cybersecurity Realm
Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say attorneys Rachel Rose and Julie Bracker.