Criminal Practice

  • 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.

  • October 31, 2025

    Calif. Panel Says Court Must Hear 2nd Resentencing Bid

    A California state appeals court has ruled that a man should be entitled to a resentencing hearing after he was unfairly sentenced using a firearm enhancement and that he is likely being made to serve longer in prison than necessary.

  • October 31, 2025

    First Trans Judge In Mass. Advocates Courtroom Courtesy

    Boston Municipal Court Judge Connor M. Barusch spent nearly two years navigating the complicated process to become a judge in Massachusetts. In this interview with Law360, they say their path to becoming the first judge in state history who identifies as nonbinary and transgender will help diversify the bench and better serve the community.

  • October 31, 2025

    Judges See An Immigration Court Gutted From Inside

    Eight former immigration judges who spoke to Law360 say the rough treatment of the immigration courts in President Donald Trump's second term poses an unprecedented threat to judicial independence and is eroding immigrants' due process rights.

  • October 31, 2025

    Cook County Public Defender On Trump's 'Reign Of Terror'

    In his first four years as the Cook County public defender, Sharone Mitchell Jr. has led the agency as Illinois became the first state to legislatively abolish cash bail, and, now, as federal agents using military tactics have descended upon Chicago.

  • October 31, 2025

    Pa. AG Charges Fracking Co. With Multiple Enviro Crimes

    The gas development and gathering arm of New York utility National Fuel Gas Co. has been hit with criminal charges, accused of violating Pennsylvania environmental laws, state Attorney General Dave Sunday announced Friday.

Expert Analysis

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • How To Strengthen A Case By Mastering Expert Witness Prep

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    A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Policy Shifts Bring New Anti-Money Laundering Challenges

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    In the second half of 2025, the U.S. anti-money laundering regulatory landscape is poised for decisive shifts in enforcement priorities, compliance expectations and legislative developments — so investment advisers and other financial institutions should take steps to prepare for potential new obligations and areas of risk, say attorneys at Linklaters.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Opinion

    FCPA Shift Is A Good Start, But There's More DOJ Should Do

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    The U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines bring a needed course correction amid overexpansive enforcement, but there’s more the DOJ can do to provide additional clarity and predictability for global companies, say attorneys at Norton Rose.

  • CARES Act Fraud Enforcement Is Unlikely To Slow Down

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    In the five years since the passage of the Coronavirus Aid, Relief and Economic Security Act, the federal government has devoted massive resources to investigating CARES Act fraud — and all signs suggest the U.S. Department of Justice will continue vigorous enforcement in this area, say attorneys at Kostelanetz.

  • 2025's First Half Brings Regulatory Detours For Fintechs

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    The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • 3 Juror Psychology Principles For Expert Witness Testimony

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    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.

  • What Baseball Can Teach Criminal Attys About Rule Of Lenity

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    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.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    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.

  • Perspectives

    Justices' Sentencing Ruling Is More Of A Ripple Than A Wave

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    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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