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Courts
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Judges Block Trump's Jenner & Block, WilmerHale Orders
Jenner & Block LLP and WilmerHale both won temporary restraining orders late Friday blocking President Donald Trump's executive orders targeting the firms, with two Washington, D.C., federal judges determining the firms have shown the orders are likely retaliation for their representation of certain clients.
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Outgoing Ga. Top Judge On Achievements, Challenges Ahead
Georgia Supreme Court Chief Justice Michael P. Boggs joined Law360 Pulse for a wide-ranging discussion about his career before he steps down from the bench on Monday.
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Snapshot: Delaware Judiciary's 2024 Annual Report
A new state judiciary report released this week showed that case filings in the nationally important Delaware Supreme Court and Chancery Court continued to climb last year as lawmakers take steps to ensure that the courts remain the go-to venue for corporate legal disputes.
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Dutch Software Co. Tells 4th Circ. To Pause Trial After Atty DQ
A Dutch software company is taking another stab at delaying its impending trademark trial with an American rival, telling the Fourth Circuit that it should not be forced to proceed after the district court held one of its attorneys in contempt and essentially disqualified him.
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Del. Gov. Nominates New President Judge For Superior Court
Delaware Superior Court Judge Eric M. Davis, who has presided over several high-profile cases in recent years and is one of the court's longest-serving judges, has been nominated by Gov. Matt Meyer to serve as its chief judge and handle administrative duties of the court.
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9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire
A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.
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FCPA 'Purgatory' Frustrates White Collar Bar, Anxious Clients
An abrupt pause in Foreign Corrupt Practices Act enforcement has created tension between clients eager to resolve investigations and their attorneys, who are having trouble reaching decision-makers at the U.S. Department of Justice and are more inclined to await further guidance from the government.
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1st Circ. Denies Gov't Bid To Enforce Funding Freeze
The First Circuit has declined to interfere with a Rhode Island federal judge's order that the government continue releasing federal funds while the Trump administration appeals a ruling blocking its efforts to enforce the freeze.
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Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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Supreme Court Skeptical Of Nixing FCC Subsidy Fund
Conservative justices took aim Wednesday at rising costs in the country's multibillion-dollar phone and broadband subsidy system, questioning whether lawmakers put meaningful limits on the program's growth, but some argued the fund works just like others created by Congress that rely on revenues from industry fees.
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Judge Newman Maintains Fitness Probe Must Be Transferred
Counsel for suspended 97-year-old Federal Circuit Judge Pauline Newman on Wednesday told the D.C. Circuit that its decision to transfer ethics complaints against a senior district court judge, lodged by his own colleagues, supported her contention that her fellow circuit judges shouldn't investigate her fitness to remain on the bench.
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Tesla Can't DQ Calif. Judge Over His Old Firm's Prior Work
A California federal judge has rejected Tesla Inc.'s bid to disqualify him from an accident case over his prior law firm's work on employment cases against the automaker, saying that aside from that the motion was not brought in time.
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Baker McKenzie Partner Joins DOJ Antitrust Leadership Team
The new head of antitrust enforcement at the U.S. Department of Justice has landed a Baker McKenzie partner for her leadership team who previously worked in the office during the administration of Barack Obama.
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New Bill Would Make Supreme Court Televise Future Sessions
The U.S. Supreme Court could conduct oral arguments in front of television cameras for the first time if a bipartisan pair of senators get their way and succeed in passing a new bill that would require the high court's open sessions to be open to the public via video.
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Par Funding's Ex-CEO Gets 15½ Years For Racketeering, Fraud
Par Funding ex-CEO Joseph LaForte was sentenced to 15½ years in prison Wednesday for his role in running a $404 million racketeering conspiracy that prosecutors said involved him bilking the cash advance business's investors and threatening its borrowers with violence if they didn't pay up.
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Ex-Aides Say AG Paxton Acted Like 'Pro Se Litigant' In Fee Fight
Lawyers for Texas Attorney General Ken Paxton's former deputies told a judge on Wednesday that litigating against their ex-boss was "like litigating against a pro se litigant," while defending their bid for hundreds of thousands of dollars in attorney fees.
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State AGs, Bars Urge Attys To Speak Up Over Trump Orders
In a pair of letters released on Wednesday, dozens of bar associations and over 20 state attorneys general urged lawyers to speak out against perceived threats to the rule of law in response to President Donald Trump's recent executive orders against prominent law firms and his call for the impeachment of a federal judge.
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11th Circ. Appears Dubious Of Ex-Judge's Defamation Claims
An Eleventh Circuit panel appeared skeptical Wednesday of former Alabama judge Roy Moore's claims that he was defamed by a Democratic PAC's ad referencing allegations that he made sexual advances on underage girls, suggesting the court could strike an $8 million verdict he won after the charges dragged down his 2017 bid for U.S. Senate.
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DOJ Can't DQ Judge In Perkins Coie Suit Over Trump Order
A D.C. federal judge on Wednesday shot down a demand from the U.S. Department of Justice that she step aside from Perkins Coie LLP's lawsuit against the federal government over President Donald Trump's executive order targeting the firm.
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Even With Few Openings, Courts Can Still Shift Under Trump
There were record low vacancies on the federal bench when Donald Trump took office in January, but the president could still radically alter some courts and swing the judiciary rightward, especially if Congress creates more judgeships during his second tenure.
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Law Professor Proposes Rule Changes To Combat Deepfakes
Federal rules of evidence should specifically cite generative artificial intelligence in addressing potentially compromised admissions during litigation, while determining the authentication of evidence should be left in the hands of judges, according to a report published Monday to the Social Science Research Network.
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Ore. Lawyer Challenges Forced Bar Membership At High Court
An Oregon attorney is asking the U.S. Supreme Court to hear his case after the Ninth Circuit found that the state bar violated his First Amendment right to freedom of association by publishing political statements — which included criticism of President Donald Trump — but also said a disclaimer that the bar doesn't speak for all its members could be enough to fix it.
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Judges Urge Caution Using AI, Even As It's 'Here To Stay'
While the use of artificial intelligence in the legal industry "is here to stay," lawyers must still be mindful of its risks and take appropriate precautions, judges advised at a roundtable Wednesday.
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Trump Admin Asks Justices To End 'Fiscal Micromanagement'
The U.S. Department of Education asked the Supreme Court on Wednesday to vacate a Boston federal judge's order reinstating $250 million in teacher training grants that the Trump administration targeted for cuts, saying the case presents an ideal vehicle to put a stop to "district-court fiscal micromanagement" of the executive branch.
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Goldstein's Devices Must Be Monitored, Judge Affirms
A Maryland federal judge on Tuesday rejected U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein's request to dismiss a bail condition that requires his electronic devices to be monitored out of concerns that he's been hiding millions in cryptocurrency from the government and could flee while facing tax evasion charges.
Expert Analysis
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Series
Ask A Mentor: How Do I Build Rapport In New In-House Role?
Tim Parilla at LinkSquares explains how new in-house lawyers can start developing relationships with colleagues both within and outside their legal departments in order to expand their networks, build their brands and carve their paths to leadership positions.
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What Attys Should Consider Before Taking On Pro Bono Work
Excerpt from Practical Guidance
Piper Hoffman and Will Lowrey at Animal Outlook lay out suggestions for attorneys to maximize the value of their pro bono efforts, from crafting engagement letters to balancing workloads — and they explain how these principles can foster a more rewarding engagement for both lawyers and nonprofits.
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Opinion
NY Bar Admission Criminal History Query Is Unjust, Illegal
New York should revise Question 26 on its bar admission application, because requiring students to disclose any prior interaction with the criminal justice system disproportionately affects people of color, who have a history of being overpoliced — and it violates several state laws, says Andrew Brown, president of the New York State Bar Association.
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7 Ways Attys Can Improve Their LinkedIn Summaries
Lawyers can use LinkedIn to strengthen their thought leadership position, generate new business, explore career opportunities, and better position themselves and their firms in search results by writing a well-composed, optimized summary that demonstrates their knowledge and experience, says Guy Alvarez at Good2bSocial.
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How Law Firms And Attys Can Combat Imposter Syndrome
Imposter syndrome is rampant in the legal profession, especially among lawyers from underrepresented backgrounds, leading to missed opportunities and mental health issues — but firms can provide support in numerous ways, and attorneys can use therapeutic strategies to quiet their inner critic, says Helen Pamely at Rosling King.
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The Law Firm Qualities Partners Seek In Lateral Moves
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In 2022, partners considering lateral moves have new priorities, and firms that hope to recruit top talent will need to communicate their strategy for growth, engage on hot issues like origination credit and diversity initiatives, and tailor their integration plans toward expanding partners’ client base, says Gloria Sandrino at Lateral Link.
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Small Steps Can Help Employers Beat Attorney Burnout
Lawyers are experiencing burnout on a massive, unprecedented scale due to the pandemic, but law firms and institutional players can and should make a difference by focusing on small, practical solutions that protect their attorneys’ most precious personal resource and professional commodity — time, says Chad Sarchio, president of the District of Columbia Bar.
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The Evolving Role Of The Law Firm Legal Secretary
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Technological shifts during the pandemic and beyond should force firms to rethink how legal secretaries can not only better support timekeepers but also participate in elevating client service, bifurcating the role into an administrative support position and a more elevated practice support role, says Lauren Chung at HBR Consulting.
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Series
Ask A Mentor: How Can I Ace My Upcoming Annual Review?.jpg)
Jennifer Rakstad at White & Case highlights how associates can emphasize achievements and seek support before, during and after their annual review, despite the pandemic’s negative effects on face time with colleagues and business development opportunities.
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How Your Law Firm's Brand Can Convey Prestige
In order to be perceived as prestigious by clients and potential recruits, law firms should take their branding efforts beyond designing visual identities and address six key imperatives to differentiate themselves — from identifying intangible core strengths to delivering on promises at every interaction, says Howard Breindel at DeSantis Breindel.
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How Dynamic Project Management Can Help Law Firms
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Law firms looking to streamline matter management should consider tools that offer both employees and clients real-time access to documents, action items, task assignee information and more, overcoming many of the limitations of project communications via email, says Stephen Weyer at Stites & Harbison.
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Series
Ask A Mentor: How Can I Successfully Switch Practices?
Associates who pivot into new practice areas may find that along with the excitement of a fresh start comes some apprehension, but certain proactive steps can help tame anxiety and ensure attorneys successfully adapt to unfamiliar subjects, novel internal processes and different client deliverables, say Susan Berson and Hassan Shaikh at Mintz.
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A Road Map For Creating Law Firm Sustainability Programs
Amid demands from clients and prospective hires for greater sustainability efforts, law firms should think beyond reusable mugs and create programs that incorporate clear leadership structures, emission tracking and reduction goals, and frameworks for reporting results, says Gayatri Joshi at the Law Firm Sustainability Network.
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Why Firms Should Help Associates Do More Pro Bono Work
Associates may hesitate to take on the added commitment of pro bono matters, but such work has tangible skill-building benefits, so firms should consider compensation and leadership strategies to encourage participation, says Rasmeet Chahil at Lowenstein Sandler.
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Confronting The Stigma Of Alcohol Abuse In Legal Industry
The pandemic has likely exacerbated the prevalence of problem drinking in the legal profession, making it critical for lawyers and educators to address alcohol abuse and the associated stigma through issue-specific education, supportive assistance and alcohol-free professional events, says Erica Grigg at the Texas Lawyers' Assistance Program.