Criminal Practice

  • August 18, 2026

    3rd Circ. Revisits Jury Instruction On Drug Custody Proof

    The Third Circuit has ruled that the government was not required to prove beyond a reasonable doubt the chain of custody for narcotics shown to a jury in a drug conspiracy and distribution case.

  • August 18, 2026

    11th Circ. Affirms Kickback Convictions For Pain Doc, Salesman

    The Eleventh Circuit on Tuesday affirmed the conviction and sentences of a Florida pain doctor and a salesman found guilty of participating in a kickback conspiracy for prescribing a fentanyl spray, ruling prosecutors had "overwhelming" evidence the men knowingly participated in "sham" drug promotion events.

  • August 18, 2026

    NC Doc Gets Prison For Opioid Recovery Prescription Scheme

    A federal judge has sentenced a North Carolina doctor to half a year in prison for letting administrative staff at a nonprofit where he worked as medical director use his credentials to prescribe the opioid use disorder medication buprenorphine to thousands of patients.

  • August 18, 2026

    CEO Says Ex-NJ AG Not Entitled To Immunity From Claims

    A CEO of a development company said his lawsuit over a dismissed criminal racketeering case against him and New Jersey power broker George E. Norcross III should survive former state Attorney General Matt Platkin's dismissal bid, arguing that Platkin, once the state's chief prosecutor, is not entitled to any immunity.

  • August 18, 2026

    Feds Tell 6th Circ. Ábrego García Prosecution Should Go On

    The Trump administration has urged the Sixth Circuit to revive its prosecution of Kilmar Ábrego García on human smuggling charges after the administration mistakenly deported him to El Salvador, arguing a Tennessee federal judge erred in finding a tainted investigation.

  • August 18, 2026

    Ex-Prosecutor Says DOJ Fired Her Over Abortion Protester Case

    A former assistant U.S. attorney in Michigan is suing the Trump administration in D.C. federal court after being fired, saying her dismissal was retaliation for participating in the prosecution of anti-abortion activists.

  • August 18, 2026

    Political Consultant Gets 5 Years In Venezuela FARA Case

    A Florida federal judge on Tuesday sentenced the political consultant convicted alongside ex-Florida Rep. David Rivera to five years in prison after she was found guilty of willfully failing to register as a foreign agent for her work on a $50 million contract with a unit of Venezuela's state-owned oil company.

  • August 17, 2026

    DOJ Enacts Rule Giving Many Felons Path To Gun Ownership

    U.S. Attorney General Todd Blanche said Monday the U.S. Department of Justice has finalized a rule that will give convicted felons and others a pathway to have their rights to legally possess firearms reinstated, a process that circumvents a de facto prohibition by Congress.

  • August 17, 2026

    Unfair Jury Instructions Challenged Too Late, 6th Circ. Says

    An Ohio man convicted of hiring two hitmen to kill a man for stealing hundreds of thousands of dollars in cash and jewelry from him cannot challenge his "almost certainly" unconstitutional mandatory life sentence, because he waited far too long to raise the matter, the Sixth Circuit said Friday.

  • August 17, 2026

    DOJ Charges Ga. Man Over $165M Crypto Ponzi Scheme

    A serial "Ponzi-schemer" is charged with wire fraud for allegedly spearheading a $165 million cryptocurrency scheme that defrauded over 6,000 victims around the world and using the money to make alimony payments and buy expensive cars for his children, the U.S. Department of Justice announced Monday. 

  • August 17, 2026

    Conn. Justices Wonder If Murder Witness Had A Deal

    A divided Connecticut Supreme Court has ruled that it needs more information before it can decide whether to grant a man's habeas corpus petition that argues prosecutors in his murder case misled a jury about a key witness's leniency agreement.

  • August 17, 2026

    NJ Justices Let Murder Defendant Undo Global Guilty Plea

    The New Jersey Supreme Court on Monday ruled a defendant in separate felony murder and armed robbery cases must be allowed to withdraw his global guilty plea after evidence used in both cases was suppressed on appeal.

  • August 17, 2026

    Blue States Say FTC Can't Regulate Trans Youth Health

    A group of left-leaning states, including Massachusetts and California, asked a Texas federal court to toss a Federal Trade Commission suit against the World Professional Association for Transgender Health, saying Monday that the FTC's suit constitutes a "federal attack on state-regulated transgender healthcare."

  • August 17, 2026

    Mangione's NY State Trial Postponed After Federal Guilty Plea

    A New York state judge Monday delayed Luigi Mangione's September trial on second-degree murder charges after he pled guilty Friday in federal court to fatally stalking UnitedHealthcare CEO Brian Thompson.

  • August 17, 2026

    10th Circ. Won't Rehear Okla. Death Row Gender Bias Claim

    The Tenth Circuit will not reconsider its decision upholding convicted murderer Brenda Andrew's death sentence after the U.S. Supreme Court revived her claim that the use of sexualized and gender-stereotyped evidence at trial violated her constitutional rights.

  • August 17, 2026

    NC Court Won't Revisit Pot-Smell Basis For Car Search

    The North Carolina Supreme Court has again affirmed that the smell of cannabis can serve as the basis of a police search, noting that the court had already weighed in on the issue in a similar case earlier this year.

  • August 17, 2026

    2nd Circ. Says Public Can Film Police And Their Stations

    The Second Circuit said Monday it has joined "a growing chorus of our sister circuits" in finding a constitutional right to record law enforcement activity in public, as well as police buildings, but still turned away a self-described First Amendment auditor's lawsuit over his arrest while filming the exterior of a Connecticut police station.

  • August 17, 2026

    Chattah Can't Serve As Acting Nevada US Atty, 9th Circ. Says

    The Ninth Circuit on Monday upheld a lower court ruling that Nevada's top prosecutor was not put in place lawfully and was barred from overseeing the criminal cases giving rise to the appeal, the latest state where courts have shut down attempts by the Trump administration to fill U.S. attorney vacancies without Senate confirmation.

  • August 14, 2026

    Barrage Of Amici Urge Justices To Mandate 12-Person Juries

    Former judges, ex-prosecutors, criminal defense attorneys, civil rights groups, Catholic bishops, university professors and others are urging the U.S. Supreme Court to find that the Constitution requires 12-person juries to decide trials for serious crimes, taking aim at Florida's practice of seating six-person juries for most criminal trials.

  • August 14, 2026

    In First, 2nd Circ. Allows DNA Warrant Without Match Sample

    The Second Circuit has ruled that a man cannot suppress a court-ordered DNA sample in his murder case even though police had not identified a viable comparison sample from the crime scene, becoming the first federal circuit court to address the question.

  • August 14, 2026

    Atty Hits Conn. Prosecutors With Pregnancy Bias Suit

    An attorney who was terminated from the Connecticut prosecutors' office that responds to habeas petitions has brought a federal lawsuit alleging she was isolated, punished, overwhelmed with assignments and then let go because she took maternity leave.

  • August 14, 2026

    Mass. Appeals Court Orders New Trial Over Pro Se Approval

    The Massachusetts Appeals Court has ruled that a state trial court wrongly allowed a man to take over management of his own criminal trial and shunt his lawyer to a standby role without legally required warnings and checks.

  • August 14, 2026

    6th Circ. Says Cops Forcing Man To Pee In His Yard Unlawful

    A Michigan man who was forced to urinate on his front lawn because police, who were conducting a search of his home, would not allow him to use his own bathroom had his Fourth Amendment rights violated, a Sixth Circuit panel determined on Thursday.

  • August 14, 2026

    Conn. City Settles Wrongful Conviction Suits For $30.5M

    After the mayor of New Haven, Connecticut, publicly announced a $30.5 million settlement, a federal judge dismissed two lawsuits accusing the city of civil rights violations tied to two wrongful murder convictions, for which each plaintiff spent nearly 20 years in prison.

  • August 14, 2026

    Key State Criminal Law Rulings So Far In 2026

    State supreme courts so far this year have gone beyond federal standards to strengthen protections for criminal defendants, restrict mandatory life-without-parole sentences for felony murder, and bolster the right to counsel and Fourth Amendment limitations on searches.

Expert Analysis

  • Reel Justice: 'No Other Choice' And Moral Rationalization

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    In the satirical thriller "No Other Choice," the main character rationalizes his decision to kill business competitors by creating a narrative of necessity, illustrating for attorneys the dangers of treating strategic litigation decisions as inevitabilities rather than choices, says Veronica Finkelstein at Wilmington University.

  • 5 Trial Lessons You Learn By Losing

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    Exploring insights that are usually gained only after trial loss can expose the gaps between what we intend to communicate and what lands with the fact-finder, including why being right isn't always a win and how winning a cross‑examination can help you lose your case, says Allison Rocker at Baker & McKenzie.

  • 3 Factors Shifting Criminal Defendants' Cooperation Decisions

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    Several factors, including a recent decline in assistant U.S. attorneys at the U.S. Department of Justice, new offense level changes to the sentencing guidelines and a swift uptick in presidential pardons, are prompting federal criminal defendants to rethink cooperation with the government, says Ben Schrader at Bass Berry.

  • Series

    Officiating Football Makes Me A Better Lawyer

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    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • Fraud Enforcement, Sentencing Face Unusual Convergence

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    The Trump administration’s newly created task force to eliminate fraud and the U.S. Sentencing Commission’s recent proposals to scale back certain elements of the federal sentencing framework seem to point in opposite directions, creating a collision of policy priorities that may reshape how fraud cases are charged, negotiated and sentenced for years to come, says David Tarras at Tarras Defense.

  • 2nd Circ. Clarifies When Prior Good Acts May Be Admissible

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    The Second Circuit's recent ruling in U.S. v. Cardenas, vacating a drug conspiracy conviction over improperly excluded evidence, indicates that evidence of prior good acts may be admissible to corroborate a defendant's testimony about their understanding of events and intent, say attorneys at Lowenstein Sandler.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Opinion

    Judicial Restraint Anchors Constitutional Order

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    Contrasting opinions in two recent U.S. Supreme Court rulings — Trump v. CASA and Bost v. Illinois State Board of Elections — demonstrate how the judiciary’s constitutionally entrusted role can easily be preserved or disrupted, and invite renewed attention to the enduring importance of judicial restraint, says Ninth Circuit Judge J. Clifford Wallace.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Ohio Case Reflects States' Aggressive Criminal Antitrust Turn

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    The Ohio Attorney General's Office’s recent bid-rigging indictment of an online auctioneer is the latest signal that states, through attorneys general pursuing more kickback cases and legislators expanding the reach of antitrust laws, are shedding their historical reluctance to wield their criminal antitrust enforcement powers, say attorneys at Arnold & Porter.

  • Justices' Geofence Ruling May Test 4th Amendment's Future

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    When the U.S. Supreme Court decides in Chatrie v. U.S. whether law enforcement may use geofence warrants to compel Google to disclose location history data, the ruling is likely to become an important statement about the future of Fourth Amendment law in data-driven investigations, says Duncan Levin at Levin & Associates.

  • 2 Rulings Poke Holes In Mandatory Restitution Framework

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    The U.S. Supreme Court’s recent ruling in Ellingburg v. U.S., as well as the Third Circuit’s recent ruling in U.S. v. Abrams, provide criminal defense practitioners with new tools to challenge Mandatory Victims Restitution Act orders, and highlight several restitution-related issues that converged in the recent prosecution of former Frank CEO Charlie Javice, say attorneys at Lankler Siffert & Wohl.

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