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Courts
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High Court Bars Judicial Review Of Revoked Visa Petitions
The U.S. Supreme Court on Tuesday held that revocations of previously approved visa petitions cannot be appealed in federal courts because they are discretionary agency decisions that are not subject to judicial review.
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Pro Se Giuliani Says 4 Attys Turned Him Down, Blames Judge
Rudy Giuliani on Monday secured extra time to fight Georgia poll workers' request that he be held in civil contempt, time Giuliani argued he needed because he's struggling to find an attorney to represent him in the case thanks to a D.C. federal judge being "biased about Trump-related matters."
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Judge Newman Says Fed. Circ. Threatened Her To Seal Filings
U.S. Circuit Judge Pauline Newman asked the D.C. Circuit Monday to unseal supplemental documents attached to her opening brief arguing that the suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve as a Federal Circuit judge was unconstitutional.
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Key House Dem Thinks Biden Will Veto Bill To Add Judges
The House is poised to vote on a bipartisan bill to add the much-sought additional judgeships, but President Joe Biden's support is in question.
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Roberts Questions Gov't View On Reservist Top-Up Pay Law
U.S. Supreme Court Chief Justice John Roberts on Monday pressed the federal government to explain why federally employed military reservists called to duty during emergencies aren't always owed top-up payments, suggesting it made a strained interpretation of differential pay law.
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With Ga. Judge, Biden Names Most Black Women To Bench
The Senate voted 48-44 on Monday evening to confirm Assistant U.S. Attorney Tiffany R. Johnson as a district judge for the Northern District of Georgia, making her the 40th Black woman confirmed to a lifetime federal judgeship under President Joe Biden.
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'Broke, Half-Blind, Incontinent' Girardi Tries To Avoid Prison
As prosecutors seek a 14-year prison sentence for Tom Girardi, a disbarred lawyer convicted of embezzling millions of dollars from his clients, his defense team has urged a Los Angeles federal judge to spare Girardi from prison because the once-successful lawyer "no longer exists."
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Berkeley Professor Warns Courts Of AI's Danger
A University of California, Berkeley, computer science professor warned court leaders at the National Center for State Courts' biennial eCourts conference Monday that generative artificial intelligence tools can be used by criminals to commit fraud.
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2nd Circ. Restores Challenge To Conn. Atty Anti-Racism Rule
The Second Circuit on Monday revived a challenge to a new rule for Connecticut attorneys intended to reduce discrimination, ruling that the alleged chilling effect the two suing lawyers detailed in their complaint gives them standing even if the rule hasn't been enforced against them.
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3rd Circ. Judge Unsure Child Care Needs Can Halt Deportation
The Third Circuit on Monday pondered how it should analyze the effect a Trinidad and Tobago national's deportation would have on his U.S. citizen child, with one judge suggesting that the boy's medical issues may not rise to the level of canceling removal.
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TikTok Seeks Halt On Sale-Or-Ban Law For High Court Appeal
TikTok Inc. and its users are pressing the D.C. Circuit to put on hold the implementation of a law that is set to bar the platform from the U.S. market next month while they appeal a ruling backing the measure to the U.S. Supreme Court.
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Thomas, Alito, Gorsuch Crack Door For 2nd Amendment Fight
Three U.S. Supreme Court justices on Monday signaled their willingness to delve into an appeal from a Hawaii man who argues that he is being unconstitutionally prosecuted for owning a handgun without a license, though they agreed with the rest of the court that they don't currently have jurisdiction to hear it.
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Dems Say GOP Can't Purge Votes Amid Close NC Justice Race
The North Carolina Democratic Party is looking to prevent Republican candidates who lost their races from invalidating more than 60,000 ballots amid an extremely tight state Supreme Court race, arguing the election protests run afoul of federal law safeguarding citizens' right to vote.
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TikTok Hires Francisco And Mooppan For High Court Fight
Jones Day's U.S. Supreme Court advocates Noel J. Francisco and Hashim M. Mooppan have signed on to represent TikTok, according to a Monday court filing, as the company readies to appeal a D.C. Circuit panel's ruling upholding a law requiring it to be sold or banned to the nation's highest court.
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Ohio Justices Won't Revise 'Boneless' Wings Ruling
The Ohio Supreme Court on Monday declined to reconsider its decision backing the dismissal of a suit from a man injured when he ingested a bone in a "boneless" chicken wing, though two justices sharply criticized the decision as politically motivated and a dark harbinger for Ohioans.
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Nadine Menendez Trial Date Set After Jan. 6 Delay Bid Nixed
The trial of Nadine Menendez on corruption charges is set to start in January, a Manhattan federal judge said Monday, after hearing that a potential defense scheduling conflict over a U.S. Capitol insurrection-related case will likely "evaporate" when Donald Trump takes office.
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Supreme Court Won't Review Ex-HUD Official's Conviction
The U.S. Supreme Court declined to hear the case of a former staffer in the U.S. Department of Housing and Urban Development's Office of Inspector General who was convicted of failing to disclose a loan from a friend who was later hired as a government subcontractor.
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New York City Bar Grants Dewey Medal To 6 Assistant DAs
The New York City Bar Association will honor six assistant district attorneys Monday night — many known for their work on sprawling cases and organizational leadership — with an annual award named after the famed 20th century prosecutor and former New York Gov. Thomas E. Dewey.
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Menendez Verdict Wasn't Tainted By Evidence Error, Feds Say
Prosecutors told a Manhattan federal judge that evidence that was mistakenly loaded onto a laptop given to the jury that convicted former Sen. Bob Menendez, D-N.J., of bribery charges most likely wasn't seen by the jurors and didn't impact their verdict in a way that would merit a new trial.
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NYC Council Sues Mayor For Not Enforcing Jail Abuse Ban
The New York City Council sued Mayor Eric Adams on Monday for failing to end the use of solitary confinement in city jails after the lawmaking body passed a bill banning the practice earlier this year, arguing that his "emergency" order violated the separation of powers.
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Skipping Diversity Suits Lets Error 'Metastasize,' Alito Says
The U.S. Supreme Court declined Monday to review Boston's allegedly discriminatory COVID-19 pandemic-era admissions policy for three elite public schools, turning away the second case to challenge the use of race-neutral diversity initiatives in a decision Justice Samuel Alito claims ignores a "glaring constitutional error" and undermines the court's affirmative action decision.
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Trump Names His Personal Atty As Counselor
The New Jersey-based litigator who represented Donald Trump in suits that saddled him with multimillion-dollar civil judgments will serve as his counselor when he returns to the White House, the president-elect said Sunday in announcing a new round of picks for his upcoming administration.
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Up Next: Environmental Reviews, Wire Fraud & TM Awards
The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.
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Justices To Consider Easing Rules On Revising Habeas Petitions
The U.S. Supreme Court on Friday agreed to hear a case that could make it easier for prisoners to amend their habeas corpus petitions, brought by a man who claims his drunken attorney never pointed out that key evidence in his child pornography trial was marked as "not child porn" by investigators.
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High Court Bar's Future: Gupta Wessler's Jennifer Bennett
As a litigator for workers and consumers, Jennifer D. Bennett made her debut at the U.S. Supreme Court at an inauspicious time, when conservative justices were consistently helping corporations move major cases onto advantageous turf in arbitration. But since then, Bennett has amassed a flawless argument record and helped to turn the tide, making her one of the high court's most promising young advocates.
Expert Analysis
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Incorporating ADA Guidance Into Lawyer Wellness Movement
The Americans with Disabilities Act and rules of professional conduct may help the legal profession promote lawyer well-being by focusing on mental conditions' actual impact, rather than on associated stereotypes, says Alex Long at the University of Tennessee College of Law.
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Series
Ask A Mentor: How Can New Partners Generate Business?
Christine Wong at MoFo discusses how newly elected partners can prioritize business development by creating a strategic plan with the firm's marketing team and strengthening relationships with professional and personal networks.
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9 Writing Tips From The Justices' Opinions Last Term
Hidden in the U.S. Supreme Court’s opinions from the last term are each justice’s talents for crafting choice turns of phrase, highlighting best practices for attorneys to jump-start their own writing, says Ross Guberman at BriefCatch.
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What Web3 Means For Lawyers' Ethical Duties
As law firms embrace Web3 technologies by accepting cryptocurrency as payment for legal fees, investing in metaverse departments and more, lawyers should remember their ethical duties to warn clients of the benefits and risks of technology in a murky regulatory environment, says Heidi Frostestad Kuehl at Northern Illinois University College of Law.
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NY's Cybersecurity CLE Rule Is A Sign Of Changing Times
New York's recently announced requirement that lawyers complete cybersecurity training as part of their continuing legal education is a reminder that securing client information is more complicated in an increasingly digital world, and that expectations around attorneys' technology competence are changing, says Jason Schwent at Clark Hill.
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Opinion
Law Firms Stressing Work-Life Balance Are Missing The Mark
Law firms struggling to attract and retain lawyers are institutionalizing work-life balance through hybrid work models, but such balance is elusive in a client services and tech-dependent world, underscoring the need for firms to instead aim for attorney empowerment and true balance within — not outside — the workplace, says Joe Pack at Pack Law.
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A Law Student's Guide To Thriving As A Summer Associate
Summer associates are expected to establish a favorable reputation and develop genuine relationships in a few short weeks, but several time management, attitude and communication principles can help them make the most of their time and secure an offer for a full-time position, says Joseph Marciano, who was a 2022 summer associate at Reed Smith.
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Burnout Prevention Requires Effort From Attys And Firms
To avoid physical and emotional exhaustion, attorneys must respect their own and their colleagues' personal and professional boundaries, but law firms must also play a role in discouraging burnout culture — especially if they are struggling with attorney retention, say attorneys at Lowenstein Sandler.
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How I Owned My Power As An Asian American Woman In Law
Gibson Dunn's Debra Yang shares the bumps in her journey to becoming the first female Asian American U.S. attorney, a state judge and a senior partner in BigLaw, and how other women can face their self-doubts and blaze their own trails to success amid systemic obstacles.
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Successful In-House Alt Legal Services Start With 4 Questions
Law firms that are considering creating an in-house alternative legal service provider should focus not on recapturing revenue otherwise lost to outside vendors, but instead consider how a captive ALSP will better fulfill the needs of their clients and partners, say Beatrice Seravello and Brad Blickstein at Baretz & Brunelle.
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3 Reasons To Embrace Jargon In Legal Marketing Content
Ignore what you've been told about jargon — adding insider industry terms to your firm's marketing and business development content can persuade potential clients that you have the specialized knowledge they can trust, says Wayne Pollock at Law Firm Editorial Service.
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Future Lawyers Expect DEI Commitments Beyond Recruiting
To attract future lawyers from diverse backgrounds, firms must think beyond recruiting efforts, because law students are looking for diversity, equity and inclusion initiatives that invest in employee professional development and engage with students year-round, says Lauren Jackson at Howard University School of Law.
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Series
Ask A Mentor: How Can Law Students Build Real-World Skills?
Allison Coffin at Akin Gump discusses how summer associates going back to school can continue to develop real-world lawyering skills by leveraging the numerous law school resources that support professional development both inside and outside the classroom.
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How Firm Leaders Can Build And Sustain Culture
In uncertain and challenging times, law firm leaders can build and sustain culture by focusing attention on mission, values and leadership development, and applying a growth mindset across their firms, says Scott Westfahl at Harvard Law.
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The Case That Showed Me The Value Of E-Discovery Plans
Robert Keeling at Sidley reflects on leading discovery in the litigation that followed the historic $85 billion AT&T-Time Warner merger and how the case highlighted the importance of having a strategic e-discovery plan in place.