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Courts
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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.
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Jailed Conn. Atty Should Be Suspended, Ethics Boss Says
Connecticut's Office of Chief Disciplinary Counsel asked a state court to suspend an attorney and former probate judge, who has a history of discipline and is currently in police custody for a pending criminal matter, while a trustee examines whether he has active cases or an attorney trust account.
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Quinn Emanuel Boosts Federal Clerkship Bonus To $175K
Quinn Emanuel Urquhart & Sullivan LLP confirmed Wednesday that it is now offering $175,000 federal clerkship bonuses, plus $25,000 more for those with two qualifying back-to-back clerkships.
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High Court Upholds ATF's Ghost Gun Rule
The U.S. Supreme Court on Wednesday found that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits was wrongly invalidated by a lower appeals court and said the bureau has authority to regulate weapons parts and unfinished frames.
Expert Analysis
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Making Legal Cents: How Law Firms Can Innovate Faster
To meet the demands of an evolving legal market and changing client expectations, law firms must not only embrace innovation, but also find ways to accelerate adoption and mitigate risks in an industry historically resistant to change, says Shireen Hilal at Maior Strategic Consulting.
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Ask A Mentor: How Should Departing Partners Approach Pay?
Sabina Lippman at CenterPeak discusses steps BigLaw partners can take when considering a move or announcing their departure to help navigate tricky compensation issues and remain on good terms with their current partners.
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How 2 Litigators Decided Dad Would Stay Home With The Kids
Jennifer Hoekstra at Aylstock Witkin shares the tough conversations about timing, goals, logistics and values involved in her family's decision that she would build her career as a litigator and law firm partner while her husband stepped back from his own litigation role to stay home with their children.
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Series
My Nonpracticing Law Job: Legal Commentary Ghostwriter
Wayne Pollock at Copo Strategies shares how he went from overworked Am Law 50 associate to owner of a legal thought leadership ghostwriting service, and provides four lessons for anyone who might be considering launching a business within the legal industry.
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Ask A Mentor: As Trials Grow Rarer, How Do I Hone My Skills?
Gary Parsons at Brooks Pierce offers advice for young lawyers seeking trial experience in an environment where fewer cases make it to trial, including how to build their reputations, set their expectations and pick the right firm.
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Talking Mental Health: Managing Depression As A Co. Founder
New Era ADR co-founder Collin Williams discusses his journey navigating a clinical depression diagnosis, how this experience affected his leadership style, and what the legal industry can do to better support attorneys with mental health conditions.
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Series
My Nonpracticing Law Job: Career And Wellness Coach
Tara Rhoades at The Sanity Plea shares how she went from BigLaw partner to legal industry career and wellness coach, and explains how attorneys can use their capabilities, knowledge and professional networks to pursue coaching themselves, or bring refreshed meaning and purpose to their current roles.
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Series
Talking Mental Health: Tackling Stress As A Practice Leader
Constance Rhebergen at Bracewell discusses how she handles the stress of being a practice chair, how sources of stress have changed in the legal industry over the past decade and what law firms can do to protect attorney mental health.
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Making Legal Cents: Engaging A Remote, Evolving Workforce
In the face of a dispersed and changing workforce with Generation Z entering the scene, law firms should consider some practical strategies to revitalize their cultures, provide meaningful mentorship and safeguard their knowledge bases, says Shireen Hilal at Maior Strategic Consulting.
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How Firms Can Effectively Evaluate Their Summer Associates
One of the most effective ways firms can ensure their summer associate programs are a success is by engaging in a timely and meaningful evaluation process and being intentional about when, how and by whom feedback should be provided, say Caroline Cimei and Erica Fine at Shutts & Bowen.
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Series
Talking Mental Health: Life As A Lawyer With OCD
Kelly Hughes at Ogletree discusses what she’s learned in the 14 years since she was diagnosed with obsessive-compulsive disorder, recounting how the experience shaped her law practice, what the legal industry and general public get wrong about the disorder, and how law firms can better support employees who have OCD.
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3 Innovative Ways AI May Be Used In Legal Practice
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly be used by outside counsel to better predict the outcomes of litigation — thus informing legal strategy with greater precision — and by clients to scrutinize invoices and evaluate counsel’s performance, says Ronald Levine at Herrick Feinstein.
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Series
My Nonpracticing Law Job: Librarian
Lisa A. Goodman at Texas A&M University shares how she went from a BigLaw associate who liked to hang out in the firm's law library to director of a law library herself in just over a decade, and provides considerations for anyone interested in pursuing a law librarian career.
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Legal Briefs Can Benefit From Cleaned Up Case Citations
Federal courts have recently been changing the way they quote decisions to omit insignificant details and string cites, and lawyers should consider adopting this practice to enhance the readability of their briefs — as long as accuracy stays top of mind, says Diana Simon at the University of Arizona James E. Rogers College of Law.
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5 Best Practices For Firms Designing DEI Programs
Nikki Lewis Simon, chief diversity, equity and inclusion officer at Greenberg Traurig, discusses best practices — and some pitfalls to avoid — for law firms looking to build programs aimed at driving inclusion in the workplace.