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Criminal Practice
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September 19, 2025
Va. US Atty Quits Amid Trump's 'Blue-Slip' Removal Bid
Erik Siebert on Friday resigned as U.S. attorney for the Eastern District of Virginia, just hours after President Donald Trump pondered ousting him from the position because Siebert received blue-slip approval from the commonwealth's two Democratic senators, Tim Kaine and Mark Warner, according to media reports.
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September 19, 2025
NY County Says It's Immune From Immigrant Detention Suit
Long Island officials on Friday asked a New York federal judge to throw out a class action brought by immigrants who say they were unlawfully detained past their release dates at the request of federal immigration authorities, saying local law enforcement has federal sovereign immunity when acting in cooperation with the feds.
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September 19, 2025
NC Atty Charged With Embezzlement, Elder Fund Exploitation
A North Carolina attorney is facing 14 charges of embezzlement related to funds he allegedly rerouted to personal accounts that belonged to both his former law firm Walker Kiger PLLC and former clients.
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September 19, 2025
Pa. Court Upholds 'Geofencing' Warrant In Assault Case
A Pennsylvania appeals court has ruled randomized phone data obtained through a search warrant served on Google was lawfully聽used to help convict a suspect and that the procurement of such data does聽not constitute an unconstitutional search.
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September 19, 2025
3rd Circ. Nixes Sentence's Reliance On 'Relevant Conduct'
The window for weighing a criminal defendant's past convictions starts with the offense for which that defendant is being sentenced, even if there was "relevant conduct" earlier, a Third Circuit panel ruled Friday.
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September 19, 2025
Split Mass. Appeals Court Upholds Cocaine Conviction
A man who was convicted of drug dealing after tossing cocaine and cash while fleeing police can't have the evidence against him suppressed despite arguing that he had been illegally detained by officers, Massachusetts' intermediate-level appeals court affirmed Friday in a closely split full-court decision.
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September 19, 2025
DNA Phenotyping May Help Police, Or Spur Racial 'Dragnets'
Law enforcement says the relatively new science of using DNA to generate an estimation of a person's physical appearance is a powerful tool that can help lead police to suspects, but critics of the practice warn that the still-untested technology will lead to racial profiling.
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September 19, 2025
NC Judge Creates Bail Task Force, Citing 'Disturbing' Events
The chief justice of the North Carolina Supreme Court has ordered that a task force be created to study whether pretrial release policies comply with relevant state laws, and help develop a new suite of court rules governing when trial judges may release defendants.
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September 19, 2025
DA In Gilgo Beach Killings Case Talks Advances In DNA Use
Law360 sat down with Suffolk County, New York, District Attorney Ray Tierney, who is prosecuting architect Rex Heuermann on charges that he murdered seven women on Long Island, to discuss the use of a newer form of DNA testing that has passed rigorous admissibility standards for the first time, among other aspects of the case.
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September 19, 2025
Ga. Bank Pushes To Go After Law Firm Over Ex-Client's Fraud
A Georgia bank that lost more than $8 million through bogus loan transactions is urging a Peach State appellate court to revive a claim of negligent misrepresentation against law firm Stanley Ersey & Buckley LLP, saying the trial court got it wrong when it relied on "boilerplate disclaimers" from the firm to toss the claim.
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September 19, 2025
Fla. Judge's Resignation Ends 'Dad Jokes' Ethics Case
The Florida Judicial Qualifications Commission has tossed an ethics case targeting a former state court judge over "dad joke" remarks that discipline authorities referred to as聽"grossly inappropriate," saying the judge's subsequent departure from the bench justifies the dismissal.聽
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September 18, 2025
NY Officials Arrested Seeking To Check Migrant Treatment
Federal officers Thursday arrested several Democratic officials in New York who were demanding access to a Manhattan immigration holding facility under scrutiny for allegedly unconstitutional and inhumane conditions.
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September 18, 2025
Trump's Georgia Case: Legal Experts On What Happens Next
The 2020 Georgia election interference case against President Donald Trump and his co-defendants may be both "dead" and costly for taxpayers, legal experts told Law360, citing the expected reluctance of most prosecutors to take over the litigation and a new state law that allows criminal defendants to recover聽legal fees in certain circumstances.
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September 18, 2025
'Virtual CFO' To Internet Scammers Gets 4 Years
A Rhode Island man who copped to money laundering and obstructing justice in connection with claims his "virtual CFO" business helped internet fraudsters launder over $35 million was sentenced to four years behind bars, Boston prosecutors have announced.
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September 18, 2025
Texas Court Says Citizen Can't Intervene To Uphold Pot Law
The citizen sponsor of a voter-approved marijuana decriminalization ordinance cannot intervene in the deal struck between the state attorney general and city of Elgin that declared the ordinance void, a Texas appeals court ruled, saying the advocate doesn't have standing.
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September 18, 2025
6th Circ. Allows Case Against Deputy For Attacking Man
A Sixth Circuit panel has affirmed a lower court's ruling, finding that a Tennessee police officer who went into a man's home and hit him on Halloween in 2021 could not use qualified immunity to shield himself from liability for his actions.
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September 18, 2025
3rd Circ. Redefines Restitution In Gun Store Robbery Case
The Third Circuit on Thursday issued new rules on how restitution should be calculated in criminal cases, finding that property from a gun store cannot be counted as both lost income and stolen property.
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September 18, 2025
Circuit Split On Felon Gun Ban Could Set Up High Court Review
A growing divide among federal appellate courts on how a gun ban for felons fits within the U.S. Supreme Court's 2022 expansion of individuals' right to carry firearms in public could force the high court to revisit the Second Amendment.
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September 18, 2025
Ex-Trump Atty Says Fla. Discipline Case Is Over 'Void' Charges
Former Trump campaign attorney Kenneth Chesebro told the Supreme Court of Florida this week to reject a push to discipline him over his conviction in Georgia's election interference racketeering case, arguing his name was cleared by a court order invalidating the charge to which he pled guilty.
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September 18, 2025
Legalizing Pot Leads To Transnational Crime, Congress Hears
A U.S. House of Representatives Homeland Security subcommittee hearing Thursday on foreign criminal organizations' infiltration of stateside marijuana operations briefly pivoted into a debate about the merits of cannabis legalization writ large.
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September 17, 2025
Del. Judge's US Atty Application Plan Draws Blanche's Ire
Delaware's chief district judge, a Trump appointee, is seeking applications for the state's U.S. attorney position to prepare for an upcoming vacancy in the interim position, a move that drew the ire of Deputy U.S. Attorney General Todd Blanche on Wednesday.
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September 17, 2025
Probationer's Speech Not A 'True Threat,' NC Panel Finds
Statements a probationer made to a friend while stressed out and fearful over going to jail did not constitute a "true threat," so a trial court erred when it found him in violation of his probation, a North Carolina state appeals court panel ruled Wednesday.
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September 17, 2025
Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case
Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.
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September 17, 2025
Criminal Restitution Fails Defendants, Victims, Report Says
Federal criminal restitution often fails to benefit victims of crime and throws defendants into a "Sisyphean struggle" with debt, with $100 billion in outstanding restitution deemed uncollectable, according to a report released this week by the National Association of Criminal Defense Lawyers.
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September 17, 2025
DOJ Watchdog Raises Alarm On App Use To Track Victims
A U.S. Department of Justice watchdog has urged DOJ grant recipients to safeguard victims' personally identifiable information, so domestic abusers and members of the public can't exploit apps and social media to gain access to safe-house addresses and other data.
Expert Analysis
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury鈥檚 recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors鈥 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.
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9th Circ. Ruling Leaves SEC Gag Rule Open To Future Attacks
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.
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Series
Writing Musicals Makes Me A Better Lawyer
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鈥橠onnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
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鈥檝e learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
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 鈥 from coding layouts to metadata 鈥 can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Avoiding Unforced Evidentiary Errors At Trial
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.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
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.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
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.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
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 鈥 and the judgment to discern what shouldn鈥檛 be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted 鈥 but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Reel Justice: 'Sorry, Baby' Shows Need For Sensitive Voir Dire
In the recent film 鈥淪orry, Baby,鈥 the protagonist is called for jury duty while still coming to terms with a crime she recently survived, illustrating why attorneys should adopt trauma-informed practices in voir dire to minimize the retraumatization of potential jurors, says Veronica Finkelstein at Wilmington University School of Law.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Why Civil RICO Claims Are Gaining Traction With Plaintiffs
A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon 鈥 and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.