Criminal Practice

  • August 07, 2025

    2nd Circ. Says Trial Atty With Brain Disease Not 'Ineffective'

    The Second Circuit on Thursday affirmed the convictions of a former New York City law enforcement union president along with its ex-financial adviser for defrauding members out of $500,000, rejecting among contentions that one defense lawyer's abilities were impaired at trial by a fast-moving neurodegenerative disease.

  • August 07, 2025

    Sentencing Commission Plans To Reassess Fraud Guidelines

    The U.S. Sentencing Commission on Wednesday said it will consider potential reforms to the federal sentencing guidelines for fraud offenses, including the outsized role of loss calculation in sentencing, one of several priorities the agency has marked for closer examination.

  • August 07, 2025

    Mass. Court Clairifies Sentencing For Large Capacity Firearms

    A Massachusetts appeals court clarified sentencing for unlawful possession of large capacity firearms and feeding devices Thursday, explaining the sentence for a non-licensed offender must have a maximum of at least 2.5 years, ordering resentencing of a man who faced up to one year and one day.

  • August 07, 2025

    NY Court Affirms Assault Conviction, But Raises Jury Issue

    A man convicted of assaulting a woman in his home with a hammer saw his convictions largely upheld by a New York state appellate court panel Thursday, but dissenting judges said that he deserved a new trial on grounds that an anonymous jury was used improperly.

  • August 07, 2025

    Motorola Surveillance App Teed Up For 1st Circ. Review

    The First Circuit should decide whether a Motorola app designed to allow police to record calls without informing the person on the other line was illegal in and of itself, said a Massachusetts federal judge overseeing a suit from four men who argue that it was.

  • August 07, 2025

    7th Circ. Affirms 25-Year Drug Sentence, OKs Voice ID At Trial

    The Seventh Circuit on Thursday upheld a narcotics distribution conviction of a former owner of a Texas trucking company whose drug ring transporting hundreds of pounds of cocaine and heroin was discovered after a co-conspirator recorded a call with the man and provided a copy to federal agents.

  • August 07, 2025

    Fla. Court Tosses Habeas Bid In Robbery Case

    A Florida appeals court has ruled that an indictment in a robbery and assault case cannot be overturned by a self-filed habeas petition from the defendant who claims the charging document lacked sufficient evidence about the date and time of the burglary assault charges.

  • August 07, 2025

    9th Circ. Backs Seattle's Win In Housing Ordinance Suit

    The Ninth Circuit affirmed Seattle's lower court victory against a suit filed by landlords challenging a 2017 city housing law that, among other restrictions, prevents landlords from requiring prospective tenants to disclose whether or not they have criminal records.

  • August 07, 2025

    Man Pleads Guilty To Tax Evasion, Faces $50M In Restitution

    A man accused of numerous financial crimes related to his operation of promoting abusive and illegal tax shelters pled guilty to three charges across two different cases in Colorado federal court on Thursday.

  • August 07, 2025

    Calif. Sheriff Says Criminal Law Enforceable On Tribal Land

    A California sheriff is asking a federal judge to dismiss the latest complaint from the Round Valley Indian Tribes and three members alleging law enforcement illegally raided cannabis growers, saying criminal laws can still be enforced on tribal land.

  • August 06, 2025

    Ohio Panel Revives Robbery Case Over Receipt Evidence

    An Ohio state appeals court has ruled that a state prosecutor's office did not violate evidence rules when it failed to turn over a sales receipt for a stolen cell phone in a robbery case, finding the evidence wouldn't have helped the defendant.

  • August 06, 2025

    5th Circ. Upholds Gun Ban For Convicted Felons

    A Fifth Circuit panel on Wednesday shot down a felon's attempt to have a gun charge thrown out after he was found guilty of a drive-by shooting, saying a historical analog from the time of the country's founding allows for confiscation of firearms from felons.

  • August 06, 2025

    4th Circ. Says Habeas Request Prevented By Procedure

    The Fourth Circuit denied habeas relief to a Virginia attempted bank robber who has since been released from prison, affirming Wednesday that his argument that he was sentenced under an unconstitutionally vague guideline did not meet procedural requirements for postconviction relief and could not be considered.

  • August 06, 2025

    Mich. Panel Wary Of MSU Student's Hazing Law Challenge

    A former Michigan State University student may have an uphill battle convincing a state appellate panel to ax criminal hazing charges related to a student's death at a fraternity party, the judges on the panel suggested Wednesday.

  • August 06, 2025

    US Asks High Court To Decide If Drug Users Can Have Guns

    The Trump administration has asked the U.S. Supreme Court to resolve "a four-way circuit conflict" over whether it is legal to prevent users of drugs including marijuana, which has been legalized in some fashion in the vast majority of states, from possessing firearms.

  • August 06, 2025

    9th Circ. Backs SEC's No-Denials Settlements Rule

    The Ninth Circuit on Wednesday rejected a First Amendment challenge to a decades-old U.S. Securities and Exchange Commission rule that restricts defendants who settle securities law charges from denying the claims against them, saying the law has "long regarded the voluntary relinquishment of constitutional rights as permissible" with safeguards.

  • August 06, 2025

    Ark. Prisoners Challenge Nitrogen Gas Execution Law

    Ten Arkansas death row inmates have challenged a new law authorizing their execution by nitrogen gas, arguing the law is unconstitutional because it violates the state's separation of powers doctrine, an attorney confirmed to Law360.

  • August 06, 2025

    Fla. AG Names Election Official As Statewide Prosecutor

    Florida Attorney General James Uthmeier has tapped one of the state's deputy secretaries of state with experience in election integrity, civil litigation and criminal prosecution to serve as the new statewide prosecutor.

  • August 05, 2025

    Feds Charge 2 With Shipping Nvidia AI Chips To China

    Two Chinese nationals residing in California were charged with using a company they founded to unlawfully export microchips used in AI applications worth "tens of millions of dollars" to China in violation of the Export Control Reform Act, the U.S. Department of Justice announced Tuesday.

  • August 05, 2025

    Ill. Appeals Court Backs Counsel Redo In Battery Case

    An Illinois state appeals court has ruled that a man found guilty of domestic battery is entitled to a trial court hearing on a motion he personally lodged claiming his attorney was ineffective and that he was unfairly denied the hearing because of how he filed the request.

  • August 05, 2025

    Texas Man Gets Real Sentence For AI-Generated Child Porn

    A Texas man has been sentenced by a Florida federal judge to up to two years in prison for using an artificial intelligence app to generate child pornography, the U.S. Attorney's Office for the Middle District of Florida announced on Tuesday.

  • August 05, 2025

    DC Circ. Upholds Reincarceration Following Release Mistake

    The D.C. Circuit ruled Tuesday that the lower court in the district did not violate the civil rights of a man who served 27 additional months in prison after the D.C. Department of Corrections accidentally released him and only discovered the error while he was incarcerated again for a different matter.

  • August 05, 2025

    Pa. Court Says State Can Suspend DUI Suspect's License

    In a precedential ruling, Pennsylvania's Commonwealth Court has found that a state law stripping those suspected of DUI of their driver's licenses for one year if they refuse to be tested for intoxicating substances is constitutional, despite a driver's contrary assertions.

  • August 05, 2025

    Ex-ComEd Lobbyist Gets 1 Year For Masking Madigan Bribes

    A former lobbyist for Commonwealth Edison was sentenced to a year and a day in prison Tuesday for allowing his lobbying firm to serve as a pass-through for the utility to pay associates of ex-Illinois House Speaker Michael Madigan for little to no work, as it sought his support for favorable energy legislation.

  • August 05, 2025

    States Push DOJ To Crack Down On Illegal Offshore Gambling

    Attorneys general from several states have written a letter asking the U.S. Department of Justice to target the "rampant spread" of illicit offshore online sports betting and gambling operations, which they say are harming United States citizens and depriving states of tax revenue.

Expert Analysis

  • Cos. Must Tailor Due Diligence As Trafficking Risks Increase

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    As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

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    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • Supreme Court's Criminal Law Decisions: The Term In Review

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    Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • 'Pig Butchering' Seizure Is A Milestone In Crypto Crime Fight

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    The U.S.' recent seizure of $225 million in crypto funds in a massive "pig butchering" scheme highlights the transformative impact of blockchain analysis in law enforcement, and the increasing necessity of collaboration between law enforcement agencies, cryptocurrency exchanges and stablecoin issuers, says David Zaslowsky at Baker McKenzie.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • How DOJ's New Data Security Rules Leave HIPAA In The Dust

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    The U.S. Department of Justice's recently effective data security requirements carry profound implications for how healthcare providers collect, store, share and use data — and approach vendor oversight — that go far beyond the Health Insurance Portability and Accountability Act, say attorneys at Nelson Mullins.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Reel Justice: 'Oh, Hi!' Teaches Attys To Return To The Statute

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    The new dark comedy film “Oh, Hi!” — depicting a romantic vacation that turns into an inadvertent kidnapping — should remind criminal practitioners to always reread the statute to avoid assumptions, meet their ethical duties and finesse their trial strategy, says Veronica Finkelstein at Wilmington University School of Law.

  • DOJ-HHS Collab Crystallizes Focus On Health Enforcement

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    The recently announced partnership between the U.S. Department of Justice and U.S. Department of Health and Human Services to combat False Claims Act violations, following a multiyear trend of high-dollar DOJ recoveries, signals a long-term enforcement horizon with major implications for healthcare entities and whistleblowers, say attorneys at RJO.

  • How Courts Are Addressing The Use Of AI In Discovery

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    In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • APA Relief May Blunt Justices' Universal Injunction Ruling

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    The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.

  • Opinion

    Prosecutors' Duty To Justice Sometimes Demands Mea Culpa

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    Two recent cases — U.S. v. Lucas and U.S. v. Echavarria — demonstrate that prosecutors’ special ethical duty to seek justice can sometimes be in tension with other obligations and incentives, but it nonetheless requires them to concede their mistakes in the interests of justice, say Eastern District of Texas law clerk Ian Stephens and Texas A&M University law professor Jemila Lea.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

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    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

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