Courts

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    NC Justice Wants Probe Of Comments Halted Pending Appeal

    A North Carolina Supreme Court justice, who said her high court colleagues make biased decisions based on gender and race in a news interview, filed an emergency motion on Monday to stop a formal investigation into her statements, which she said threatens her seat on the court and violates her First Amendment rights.

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    Del. Vice Chancellor Calls Ex-AG Barr 'Doubly Wrong' On ESG

    Delaware Vice Chancellor J. Travis Laster has called out as "profoundly misguided" published comments by former U.S. Attorney General William P. Barr criticizing the state's top corporate law courts for "flirtation" with environmental, social and governance principles.

  • Sentencing Guidelines Boosted For Atty In Pot Bribe Case

    An attorney convicted in a marijuana licensing bribery scheme faces a potentially stiff sentence after a Boston federal judge on Monday rejected the defendant's math, showing he only gained $15,000 from the crime, but stopped short of adopting prosecutors' calculations pegging the gain at $100,000 or more. 

  • Justices Hear Dueling Rules In ACCA Drug Definition Case

    The U.S. Supreme Court pointedly challenged the government Monday on its interpretation of a law that sets up a 15-year mandatory minimum sentence for people convicted of repeated serious drug offenses who are later caught with firearms.

  • Latest Move To Suspend Girardi Son-In-Law 'Concerns' Judge

    A California state bar judge who previously delayed disciplinary proceedings against Tom Girardi's son-in-law David Lira said Monday that she has "concerns" over the bar's latest attempt to suspend him, saying that the ongoing federal criminal case against Lira may raise Fifth Amendment due process issues.

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    Garland Vows To Fight Terrorism And Hate During NJ Stop

    U.S. Attorney General Merrick B. Garland vowed Monday to make full use of the Justice Department's resources to help American hostages of the Israeli-Palestinian conflict, underscoring the importance of strong partnerships during a stop in New Jersey to visit with federal and state law enforcement officials. 

  • 3rd Circ. Revives Hacking Suit Against Brach Eichler In NJ

    The Third Circuit has reinstated a lawsuit against Brach Eichler LLC, finding that a New Jersey federal court was wrong to conclude that a dry-solids handling company waited too long to file the action alleging that the firm and others illegally hacked into the business's computers.

  • Justices Urged To Enforce Time Limit For IP Damages

    A music publisher said Monday the U.S. Supreme Court should overturn a lower court ruling that held an artist is not time-barred from recovering additional damages in a copyright suit over recorded songs.

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    Ga. DA Fights 'Unreasonable' Fees Bid After Sanctions Ruling

    A Georgia prosecutor is contesting an attorney fee request related to her being sanctioned by a federal court in October for abusing the scheduling of a criminal trial she was prosecuting in order to avoid a deposition in a sex discrimination suit against her.

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    Disbarred NJ Atty Must Face Ponzi Scheme Charges

    A New Jersey appellate court panel revived on Monday two money laundering charges against a Hazlet attorney accused of misappropriating nearly $1.2 million from hundreds of clients, some $588,000 of which he allegedly used for his own enrichment.

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    NLRB Judge Dings Ky. Public Defender For Failure To Bargain

    A Kentucky public defender's office violated federal labor law by refusing to bargain with an International Brotherhood of Electrical Workers local over a move to outsource the legal representation of psychiatric ward patients, a National Labor Relations Board judge ruled.

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    Defense And Judicial Posts Top Schumer's Year-End Priorities

    Breaking through the hold on military promotions and continuing to confirm judicial nominees will be among the top priorities for the Senate for the rest of the year, Senate Majority Leader Chuck Schumer, D-N.Y., said.

  • Future Fla. Judge Cleared To Handle Homicide Sentencing

    An incoming Florida state judge who currently serves as a state prosecutor may handle a homicide sentencing scheduled for Friday, three days before the lawyer departs to take the bench, according to a recent ethics opinion.

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    Trump Downplays NY Judge's Safety Risk After Threats

    Donald Trump's lawyers on Monday said safety concerns don't justify a New York state judge's gag orders against the former president in the state attorney general's civil fraud trial, arguing that threats made by others don't present an "imminent" danger and should not result in his loss of First Amendment rights.

  • Former Texas Bankruptcy Judge Claims Suit Wrongly Served

    Former Texas bankruptcy Judge David R. Jones wants more time to see whether the federal government will defend him against allegations he hid his romantic relationship with a Jackson Walker LLP attorney while her firm had major cases before him.

  • Triple Trouble: Justices Set To Scrutinize 3-Strikes Circuit Split

    One of the most heavily litigated laws at the U.S. Supreme Court — three-strikes sentencing instituted under a Reagan-era clampdown on street violence and drugs — returns to the high court Monday, but this visit will be anything but ordinary, occurring amid an eruption of circuit court conflicts and presenting the prospect of a jolt to the nation's criminal defense docket.

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    Up Next At High Court: SEC Courts, Repeat Offender Sentences

    The U.S. Supreme Court returns Monday from a long holiday weekend to hear arguments over the proper standard to apply when sentencing a repeat felony offender under the Armed Career Criminal Act and the constitutionality of the U.S. Securities and Exchange Commission's in-house courts system.

  • 4th Circ. Upholds Subpoenas Over Md. Atty Extortion Case

    The Fourth Circuit ruled Wednesday that the lawyers who helped a Maryland attorney represent a medical malpractice victim's widow while he allegedly attempted to extort the University of Maryland Medical System for a $25 million payout must abide by grand jury subpoenas about the case.

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    Binance Atty Behind Plea Deal Knows Crypto Prosecutions Well

    To represent it in its landmark plea hearing in federal court Tuesday, cryptocurrency giant Binance Holdings Ltd. chose a deputy general counsel who once prosecuted crypto crimes aggressively but who also has expressed faith in the technology.

  • 9th Circ. Sends Debt Collection Dispute Back To Lower Court

    A Ninth Circuit panel reversed a California federal court's ruling that a group of tenants' appeal of a state court judgment regarding the cost-collection actions of the landlords' attorney was improper, calling the ruling flawed and sending the case back to the federal court.

  • Texas AG Whistleblowers Ask Court To Force Paxton's Depo

    Four former senior staffers at the Texas attorney general's office have asked a judge to require Attorney General Ken Paxton and three of his top deputies to sit for depositions in their retaliation lawsuit, calling the office's arguments that the case has been settled a "stall tactic" that should be rejected.

  • Calif. Atty Can't Recover Costs Yet In Anti-BLM Posts Case

    An attorney who was recently cleared on ethics charges stemming from May 2020 tweets calling for Black Lives Matter demonstrators to be shot can't recoup $4,000 in attorney fees just yet, because the State Bar of California is appealing that decision.

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    5th Circ. Eyes Barring AI Use, Mandating Accuracy Check

    Attorneys before the Fifth Circuit may soon have to inform the federal appeals court that their documents were not written using generative artificial intelligence programs and, if they were, that they were reviewed by humans for accuracy.

  • Trump's Posts Linked To Threats Against NY Judge, Clerk

    Social media posts by Donald Trump have led to an ongoing deluge of death threats and antisemitic slurs against a law clerk and the New York judge overseeing the ex-president's civil fraud trial, a court security official said Wednesday.

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    Retiring Boston Judge Leaves Big Quotes To Fill

    While many jurists are quiet on the bench, U.S. District Judge Patti B. Saris — who announced Wednesday she would be retiring from active judicial service — has never been shy about letting people know what she thinks.

Expert Analysis

  • Data Source Proliferation Is A Growing E-Discovery Challenge Author Photo

    With the increased usage of collaboration apps and generative artificial intelligence solutions, it's not only important for e-discovery teams to be able to account for hundreds of existing data types today, but they should also be able to add support for new data types quickly — even on the fly if needed, says Oliver Silva at Casepoint.

  • Bracing For A Generative AI Revolution In Law Author Photo

    With many legal professionals starting to explore practical uses of generative artificial intelligence in areas such as research, discovery and legal document development, the fundamental principle of human oversight cannot be underscored enough for it to be successful, say Ty Dedmon at Bradley Arant and Paige Hunt at Lighthouse.

  • Why I Use ChatGPT To Tell Me Things I Already Know Author Photo

    The legal profession is among the most hesitant to adopt ChatGPT because of its proclivity to provide false information as if it were true, but in a wide variety of situations, lawyers can still be aided by information that is only in the right ballpark, says Robert Plotkin at Blueshift IP.

  • Ask A Mentor: How Can I Use Social Media Responsibly? Author Photo

    Leah Kelman at Herrick Feinstein discusses the importance of reasoned judgment and thoughtful process when it comes to newly admitted attorneys' social media use.

  • Yada, Yada, Yada: The Magic Of 3 In Legal Writing Author Photo

    Attorneys should take a cue from U.S. Supreme Court justices and boil their arguments down to three points in their legal briefs and oral advocacy, as the number three is significant in the way we process information, says Diana Simon at University of Arizona.

  • How Firms Can Stop Playing Whack-A-Mole With Data Security Author Photo

    In order to achieve a robust client data protection posture, law firms should focus on adopting a risk-based approach to security, which can be done by assessing gaps, using that data to gain leadership buy-in for the needed changes, and adopting a dynamic and layered approach, says John Smith at Conversant Group.

  • 5 Life Lessons From Making Partner As A Solo Parent Author Photo

    Laranda Walker at Susman Godfrey, who was raising two small children and working her way to partner when she suddenly lost her husband, shares what fighting to keep her career on track taught her about accepting help, balancing work and family, and discovering new reserves of inner strength.

  • Ask A Mentor: How Can I Turn Deferral To My Advantage? Author Photo

    Diana Leiden at Winston & Strawn discusses how first-year associates whose law firm start dates have been deferred can use the downtime to hone their skills, help their communities, and focus on returning to BigLaw with valuable contacts and out-of-the-box insights.

  • Resume Gaps Are No Longer Kryptonite To Your Legal Career Author Photo

    Female attorneys and others who pause their careers for a few years will find that gaps in work history are increasingly acceptable among legal employers, meaning with some networking, retraining and a few other strategies, lawyers can successfully reenter the workforce, says Jill Backer at Ave Maria School of Law.

  • Law Firm Guardrails For Responsible Generative AI Use Author Photo

    ChatGPT and other generative artificial intelligence tools pose significant risks to the integrity of legal work, but the key for law firms is not to ban these tools, but to implement them responsibly and with appropriate safeguards, say Natalie Pierce and Stephanie Goutos at Gunderson Dettmer.

  • Opinion

    We Must Continue DEI Efforts Despite High Court Headwinds Author Photo

    Though the U.S. Supreme Court recently struck down affirmative action in higher education, law firms and their clients must keep up the legal industry’s recent momentum advancing diversity, equity and inclusion in the profession in order to help achieve a just and prosperous society for all, says Angela Winfield at the Law School Admission Council.

  • Law Firms Cannot Ignore Attorneys' Personal Cybersecurity Author Photo

    Law firms that fail to consider their attorneys' online habits away from work are not using their best efforts to protect client information and are simplifying the job of plaintiffs attorneys in the case of a breach, say Mark Hurley and Carmine Cicalese at Digital Privacy and Protection.

  • Why Writing CLE Should Be Mandatory For Lawyers Author Photo

    Though effective writing is foundational to law, no state requires attorneys to take continuing legal education in this skill — something that must change if today's attorneys are to have the communication abilities they need to fulfill their professional and ethical duties to their clients, colleagues and courts, says Diana Simon at the University of Arizona.

  • How To Find Your Inner Calm When Client Obligations Pile Up Author Photo

    In the most stressful times for attorneys, when several transactions for different partners and clients peak at the same time and the phone won’t stop buzzing, incremental lifestyle changes can truly make a difference, says Lindsey Hughes at Haynes Boone.

  • Ask A Mentor: How Can I Support Gen Z Attorneys? Author Photo

    Meredith Beuchaw at Lowenstein Sandler discusses how senior attorneys can assist the newest generation of attorneys by championing their pursuit of a healthy work-life balance and providing the hands-on mentorship opportunities they missed out on during the pandemic.

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