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Courts
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No Retroactive Fix For US Trustee Fee Dispute, Justices Say
The U.S. Supreme Court sided with the U.S. Trustee's Office on Friday in finding that an amended fee structure implemented before a 2022 ruling that struck down a nonuniform system of payments was all that was needed to resolve the disparate treatment of debtors under the unconstitutional law.
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Law Scholars Hope 5th Circuit Decision Deters More AI Rules
Several law scholars who spoke with Law360 Pulse agree with the Fifth Circuit's recent decision not to adopt a proposed rule on the use of artificial intelligence in court filings and hope the decision will influence other courts to take a similar approach.
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Goldman Exec's 'Mind Entirely Blown' By Fake Ozy Media Call
A former Goldman Sachs executive who was looking into taking a stake in Carlos Watson's Ozy Media testified on Thursday that she was floored during a due diligence call when it became clear that someone was impersonating a YouTube executive in an apparent effort to persuade the bank to invest in Watson's startup.
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Menendez Trial Delayed After Co-Defendant Gets COVID
The bribery trial against U.S. Sen. Bob Menendez and associates has been halted for at least two days because co-defendant Fred Daibes has COVID-19, a judge said Thursday afternoon.
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House Hearing On NY Trump Prosecutors Flirts With Chaos
The House Judiciary Committee spiraled Thursday morning after Rep. Matt Gaetz demanded a vote to subpoena Manhattan District Attorney Alvin Bragg, who charged former President Donald Trump with 34 felonies, of which he has been convicted, and the Republican chair of the committee had to call for a recess.
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Thomas Targets Group Standing In Mifepristone Ruling
U.S. Supreme Court Justice Clarence Thomas joined his colleagues Thursday to unanimously uphold broad access to the abortion medication mifepristone for now, but he wrote separately to challenge a standing rule that often serves as the key to the courthouse doors for litigants of all varieties.
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Senate Finance Panel OKs 3 Tax Court Judges, Treasury IG
The Senate Finance Committee overwhelmingly approved Thursday the nominations of three judges for the U.S. Tax Court and a new inspector general for the U.S. Department of the Treasury, a post that has lacked a Senate-confirmed nominee for five years.
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Rakoff Says Criminal Justice Act Attys Should Work Weekends
Indigent defendants requiring free criminal legal advice should have access to conflict-free counsel even over the weekends, U.S. District Judge Jed S. Rakoff in Manhattan said in a blistering Thursday opinion, citing a suboptimal sequence of events in a high-profile drug case.
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Georgia DA Willis Moves To Ax Trump Appeal In DQ Fight
A prosecutor from Fulton County District Attorney Fani T. Willis' office wants a Georgia appellate court to nix an appeal that seeks to disqualify Willis from her election interference case against former President Donald Trump, claiming the appeal rests on flimsy evidence.
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Calif. 'Snitch Rule' Drives Atty Ethics Reports ... And Confusion
The California state bar has reported a "significant" increase in attorney-initiated complaints resulting from a new rule requiring lawyers in the state to report their peers' misconduct, but ethics attorneys say the spike is largely the result of anxious lawyers erring on the side of caution as they grapple with an unclear regulation.
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NJ Judge Denies Liberty Mutual's Recusal Bid in Accident Suit
A New Jersey federal judge will not step away from a construction accident coverage suit, ruling Liberty Mutual's recusal bid, which cited his failure to disclose his multiple policies with the insurer and a previous investigation over a missing jewelry claim, would potentially block hundreds of judges from presiding over similar cases.
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Justice Thomas Failed To Disclose More Trips, Dems Say
U.S. Supreme Court Justice Clarence Thomas failed to disclose more private jet trips gifted by billionaire and Republican donor Harlan Crow, according to new information released Thursday by Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee.
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'Solid' Ethics Master Gets Closer To New Jersey Bench
The New Jersey Senate Judiciary Committee on Thursday advanced the nomination of a Garden State Supreme Court-appointed special ethics master to the state court bench, as well as the reappointment of 14 sitting judges.
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Ga. Justices Pause Jail For YSL Atty For Contempt Appeal
The Georgia Supreme Court said Wednesday that a defense lawyer for Atlanta rapper Young Thug doesn't have to head to jail Friday, ruling that he can appeal the criminal contempt charge lodged against him for refusing to divulge how he knew of a closed-door conversation between prosecutors, a witness and the judge presiding over the racketeering case.
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Senate Panel OKs Fix For Federal Courts' 'Genuine Crisis'
The Senate Judiciary Committee voted out unanimously on Thursday a bipartisan bill to create 66 new and temporary judgeships to alleviate the federal courts' workload.
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Rains, Flooding Shut South Florida Courthouses
Heavy rains that brought flash flooding to South Florida and prompted local leaders to declare states of emergency shut down courthouses throughout the area on Thursday because of concerns about safe access to flooded downtown areas.
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Man Accused Of Posing As Immigration Atty Cops To Larceny
A New York City man who was accused by city prosecutors of posing as an immigration attorney and fraudulently raking in legal fees pled guilty to a misdemeanor count of petit larceny and was sentenced to time served.
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Supreme Court Tightens NLRB Injunction Test
The U.S. Supreme Court made it tougher for the National Labor Relations Board to win injunctions against employers Thursday in a case involving Starbucks, directing courts to strictly apply a four-factor test when the board sues to stem alleged unfair labor practices.
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Justices Say 'Trump Too Small' TM Denial No Speech Violation
The U.S. Supreme Court on Thursday concluded "Trump Too Small" cannot be a registered trademark because it would violate a federal prohibition on using a living person's name without their consent, ruling against a California attorney who said using the phrase should be considered protected political speech.
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Abortion Medication Case Ends 'With A Whimper' At High Court
A case that threatened to cut off access to a widely used abortion medication while disrupting the U.S. Food and Drug Administration's authority over drugs and medical devices ended Thursday at the U.S. Supreme Court with a decision concerned solely with challengers' right to sue.
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Colo. DA's Probe Harms Justice System, Ex-Judge Says
A former Colorado state judge told an attorney disciplinary panel Wednesday that a district attorney's push to interview the judge's ex-wife after he made adverse rulings for the prosecution in a high-profile murder case was prompted by a "baseless conspiracy theory" and harmful to judicial independence.
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Menendez Wanted Certain Case Scrutinized, US Atty Testifies
New Jersey U.S. Attorney Philip Sellinger took the stand Wednesday in the bribery trial against onetime friend Sen. Robert Menendez, telling a New York federal jury he had to rebuff the senator's request for a "careful" look at a case against one of the men alleged to have bribed Menendez.
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Senate Dems Admonish Roberts As Ethics Reform Stalls
Several senior Democratic senators chided Chief Justice John Roberts on Wednesday for failing to take responsibility for or address the U.S. Supreme Court's ethics issues, vowing to continue fighting Republican opposition and to pass court reform legislation unless the chief justice makes improvements.
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DeSantis Doesn't Have To Turn Over Judicial Advisers' Info
A Florida appeals court on Wednesday affirmed the dismissal of a petition to force Gov. Ron DeSantis to turn over information about the conservative advisers he consults to vet judicial nominees, but refused to affirm the lower court's conclusion that executive privilege shielded the governor from producing the documents.
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House IP Panel Eyes Transparency For Litigation Funders
A congressional committee on Wednesday began discussing whether to require more transparency of third-party litigation funding agreements to stem what lawmakers say are abusive patent lawsuits and national security concerns if hostile foreign governments meddle with cases anonymously.
Expert Analysis
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Series
Ask A Mentor: How Can Firms Coach Associates Remotely?.jpg)
Practicing law through virtual platforms will likely persist even after the pandemic, so law firms and senior lawyers should consider refurbishing their associate mentoring programs to facilitate personal connections, professionalism and effective training in a remote environment, says Carol Goodman at Herrick Feinstein.
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How Law Firms Can Welcome And Celebrate Autistic Lawyers
As the U.S. observes Autism Acceptance Month, autistic attorney Haley Moss describes the societal barriers and stereotypes that keep neurodivergent lawyers from disclosing their disabilities, and how law firms can better accommodate and level the playing field for attorneys whose minds work outside of the prescribed norm.
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Law Firm Tips For Evaluating AI And Machine Learning Tools
Many legal technology vendors now sell artificial intelligence and machine learning tools at a premium price tag, but law firms must take the time to properly evaluate them as not all offerings generate process efficiencies or even use the technologies advertised, says Steven Magnuson at Ballard Spahr.
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A Call For Personal Accountability On Diversity And Inclusion
While chief legal officers are increasingly involved in creating corporate diversity, inclusion and anti-bigotry policies, all lawyers have a responsibility to be discrimination busters and bias interrupters regardless of the title they hold, says Veta T. Richardson at the Association of Corporate Counsel.
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Learning How To Code Can Unleash New Potential In Lawyers
Every lawyer can begin incorporating aspects of software development in their day-to-day practice with little to no changes in their existing tools or workflow, and legal organizations that take steps to encourage this exploration of programming can transform into tech incubators, says George Zalepa at Greenberg Traurig.
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Supporting Associates Amid Pandemic's Mental Health Toll
As junior associates increasingly report burnout, work-life conflict and loneliness during the pandemic, law firms should take tangible actions to reduce the stigma around seeking help, and to model desired well-being behaviors from the top down, say Stacey Whiteley at the New York State Bar Association and Robin Belleau at Kirkland.
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Series
Ask A Mentor: Should My Law Firm Take On An Apprentice?.jpg)
Mentoring a law student who is preparing for the bar exam without attending law school is an arduous process that is not for everyone, but there are also several benefits for law firms hosting apprenticeship programs, says Jessica Jackson, the lawyer guiding Kim Kardashian West's legal education.
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The Importance Of Client Engagement In Law Firm Innovation
As clients increasingly want law firms to serve as innovation platforms, firms must understand that there is no one-size-fits-all approach — the key is a nimble innovation function focused on listening and knowledge sharing, says Mark Brennan at Hogan Lovells.
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The Unique Challenges Facing Women-Owned Law Firms
In addition to establishing their brand from scratch, women who start their own law firms must overcome inherent bias against female lawyers and convince prospective clients to put aside big-firm preferences, says Joel Stern at the National Association of Minority and Women Owned Law Firms.
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The Pursuit Of Wellness In BigLaw: Lessons From My Journey
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Jane Jeong at Cooley shares how grueling BigLaw schedules and her own perfectionism emotionally bankrupted her, and why attorneys struggling with burnout should consider making small changes to everyday habits.
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Why We Must Recruit And Advance More Black Prosecutors
Black Americans make up a disproportionate percentage of the incarcerated population but are underrepresented among elected prosecutors, so the legal community — from law schools to prosecutor offices — must commit to addressing these disappointing demographics, says Erika Gilliam-Booker at the National Black Prosecutors Association.
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Series
Ask A Mentor: How Can Associates Deal With Overload?.jpg)
Young lawyers overwhelmed with a crushing workload must tackle the problem on two fronts — learning how to say no, and understanding how to break down projects into manageable parts, says Jay Harrington at Harrington Communications.
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A Scientific Path For Improving Diversity At Law Firms
Law firms could combine industrial organizational psychology and machine learning to study prospective hires' analytical thinking, stress response and similar attributes — which could lead to recruiting from a more diverse candidate pool, say Ali Shahidi and Bess Sully at Sheppard Mullin.
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Series
Ask A Mentor: How Can Associates Seek More Assignments?.jpg)
In the first installment of Law360 Pulse's career advice guest column, Meela Gill at Weil offers insights on how associates can ask for meaningful work opportunities at their firms without sounding like they are begging.
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Legal Sector Regulatory Reform Is Key To Closing Justice Gap
In order to improve access to justice for those who cannot afford a lawyer, states should consider regulatory innovations, such as allowing new forms of law firm ownership and permitting nonlawyers to provide certain legal services, says Patricia Lee Refo, president of the American Bar Association.