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Courts
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High Court Says First Step Act Can't Inform Early Releases
The U.S. Supreme Court ruled Thursday that changes in mandatory minimum sentences cannot be considered retroactively when weighing if a federal prisoner should be granted early release.
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Justices Say 'Last-Mile' Drivers Can Skip Arbitration
An exemption to federal arbitration requirements for workers engaged in interstate commerce can extend to what are known as last-mile drivers who locally deliver goods that travel interstate, the U.S. Supreme Court held Thursday, resolving an issue that lingered after previous high court decisions.
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Meet Biden's Attys Fighting DOJ Release Of Memoir Materials
Former President Joe Biden has selected Hecker Fink LLP lawyers well acquainted with politically charged litigation for his extraordinary new lawsuit accusing the U.S. Department of Justice of orchestrating a congressional inquiry in order to divulge "highly personal" records to the Heritage Foundation.
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PacifiCorp Link Should DQ Appeal Judge, Plaintiffs Say
Counsel for a class of Oregon property owners asked an appeals court Tuesday to disqualify the judge who authored a decision overturning classwide liability against PacifiCorp for wildfire damage, saying the judge's alleged work for the utility in prior private practice would cause a reasonable person to question her impartiality.
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NY Firms Lose Lead Role In Starbucks Shareholder Suit
A Washington federal judge struck an earlier order granting co-lead roles to two New York law firms in a consolidated shareholder action against Starbucks Corp., handing a win Wednesday to two plaintiffs who'd challenged the appointment and said their own counsel would be better suited for the job.
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Chicago US Atty Revamps Grand Jury Rules After Misconduct
Chicago's top federal prosecutor announced on Wednesday a new suite of rules for how grand jury investigations are handled after an Illinois federal judge accused the prosecutor's office of misconduct in a case against six immigration activists.
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US Tells Justices To Hold 'Lightning Rod' Health Ministry Case
The U.S. Supreme Court should hold out on deciding whether a New Mexico insurance law violates the religious rights of nonprofit healthcare-sharing ministries that provide cheap, Christian-focused health insurance options while the justices decide a similar case, the U.S. solicitor general told the court.
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NJ Disbars Attorney After He Lied To Prison Officials
A criminal defense attorney who was disbarred in New York after being convicted of lying to the Bureau of Prisons in an effort to get an early release for a client and being sentenced to probation and community confinement has also been disbarred in New Jersey.
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Ex-DC Prosecutor Brings Victim Focus To Plaintiffs Shop
Longtime D.C. federal prosecutor Nicholas Miranda is part of a wave of attorneys who have left the federal government over the past year, but his career path looks different from many others. He now represents plaintiffs at Levin Law PA, a Miami-based firm that targets financial fraud and privacy violations, work he says continues his yearslong focus on victims.
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Ex-Federal Prosecutor Picked As NJ Insurance Fraud Chief
A former federal prosecutor who led the healthcare and government fraud units of the New Jersey U.S. Attorney's Office will now helm the state attorney general's insurance fraud investigations.
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Trump Taps Ohio Appeals Judge For Federal Bench
President Donald Trump announced on Wednesday he's nominating state Judge Matthew Byrne as a U.S. district judge for the Southern District of Ohio.
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State Senators Win Texas Attorney General Primary Runoffs
Republican state Sen. Mayes Middleton and Democratic state Sen. Nathan Johnson will face off in the November general election for Texas attorney general after beating their respective challengers in Tuesday's runoffs.
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Sher Tremonte Hires DOJ Antitrust Litigation Director
Sher Tremonte announced on Wednesday that it has hired the former litigation director of the U.S. Department of Justice's Antitrust Division, touting her work at the helm of historic monopolization and conduct cases.
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SPLC Says DOJ Indictment Is Baseless 'Retributive Campaign'
The Southern Poverty Law Center on Tuesday asked an Alabama federal court to throw out the Trump administration's indictment claiming it paid extremist group informants to "stoke racial hatred," arguing that it's a "top-down, retributive campaign" that constitutes vindictive prosecution.
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NY Lawyer Gets A Year After $20M Emigrant Bank Fraud Trial
A compliance lawyer convicted at trial for allegedly conning an Emigrant Bank unit out of $20 million by lying about his investment firm's tax lien collateral was sentenced Tuesday in Manhattan federal court to a year and a day in prison for what prosecutors say was a straight-up scheme to steal from a Federal Deposit Insurance Corporation-insured bank.
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3rd Circ. Disapproves Of Judge's Quips In Fatal Crash Case
The Third Circuit on Tuesday scolded a Pennsylvania federal judge for his "inappropriate attempted witticisms" while presiding over a lawsuit in which a parent blamed transportation companies for the deaths of his two children in a highway collision, saying the judge's "ill-conceived attempts at levity" in a fatal injury case could be misinterpreted by the public.
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Trump Wants Magistrate Judge Off $10B Defamation Suit
President Donald Trump wants a Florida federal magistrate judge to recuse herself from overseeing discovery in his $10 billion defamation suit against the BBC because she previously represented a U.K.-based company Trump sued over the dissemination of the Steele dossier, a controversial intelligence document claiming Trump had ties to Russia.
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Copyright Suits Against Jan. 6 Attys Won't Be Tossed
Attorneys who represented Jan. 6 defendants will have to face a consultant's claims that they copied her jury-attitude report without permission after a D.C. federal judge rejected their arguments that their conduct fell under fair use and the public's right to access court records.
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'Unimaginable Loss': Ga. Prosecutor Tapped After DA Dies
A Georgia district attorney's office has a new leader after her predecessor died unexpectedly in an incident that remains under investigation, even as foul play is not suspected, authorities said.
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Justices To Consider Taking Judge Newman Case On June 11
The U.S. Supreme Court is set to decide whether to take up U.S. Circuit Judge Pauline Newman's petition seeking to overturn her suspension from the Federal Circuit on June 11, according to a notice posted Tuesday.
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Diversion Plan Ordered For Pa. Judge With 'Book of Grudges'
A Lehigh Valley, Pennsylvania, magisterial judge has entered a judicial diversion program to resolve a disciplinary investigation into reports that she kept a "book of grudges" with detailed and profane personal complaints about people she encountered in her courtroom.
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Comey Case Delayed Due To 'Gravity' Of Charges, Discovery
A North Carolina federal judge on Tuesday granted former FBI Director James Comey's unopposed request to postpone his arraignment and trial on charges he threatened President Donald Trump with a social media post of seashells, finding that ongoing discovery and the "gravity of the charges" favor an extension and "outweigh" any interests in having a speedy trial.
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Pirro, Blanche Fight DQ Bid In Attempted Assassination Case
U.S. Attorney Jeanine Pirro and Acting Attorney General Todd Blanche are fighting a bid from the California man accused of an attempted assassination of President Donald Trump at the White House Correspondents' Association dinner to disqualify them from handling the case.
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Blogger Gets 20 Years For Cyberstalking Connecticut Judges
A Virginia man convicted of cyberstalking three Connecticut judges was sentenced Tuesday to 20 years in prison over blog posts described by prosecutors as having crossed the line from protected speech into criminal threats, though the blogger maintains the First Amendment protects him.
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Justices Order Redo In Immigration Judges' Free Speech Suit
The U.S. Supreme Court on Tuesday reversed a Fourth Circuit order that had revived the immigration judges union's challenge to restrictions on their ability to speak publicly, finding the lower court abused its discretion by relying on arguments not raised by either party, and ordered further proceedings.
Expert Analysis
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Law Firms Cannot Ignore Attorneys' Personal Cybersecurity
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.
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Why Writing CLE Should Be Mandatory For Lawyers
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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.
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How To Find Your Inner Calm When Client Obligations Pile Up
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.
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Series
Ask A Mentor: How Can I Support Gen Z Attorneys?
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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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Advice For Summer Associates Uneasy About Offer Prospects
There are a few communication tips that law students in summer associate programs should consider to put themselves in the best possible position to receive an offer, and firms can also take steps to support those to whom they are unable to make an offer, says Amy Mattock at Georgetown University Law Center.
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How Law Firms Can Cautiously Wield AI To Streamline Tasks
Many attorneys are going to use artificial intelligence tools whether law firms like it or not, so firms should educate them on AI's benefits, limits and practical uses, such as drafting legal documents, to remain competitive in a rapidly evolving legal market, say Thomas Schultz and Eden Bernstein at Kellogg Hansen.
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Keys To Managing The Stresses Of Law School
Dealing with the pressures associated with law school can prove difficult for many future lawyers, but there are steps students can take to manage stress — and schools can help too, say Ryan Zajic and Dr. Janani Krishnaswami at UWorld.
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Can Mandatory CLE Mitigate Implicit Bias's Negative Impacts?
Amid ongoing disagreements on whether states should mandate implicit bias training as part of attorneys' continuing legal education requirements, Stephanie Wilson at Reed Smith looks at how unconscious attitudes or stereotypes adversely affect legal practice, and whether mandatory training programs can help.
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Ditch The Frills And Start Writing Legal Letters In Plain English
To become more effective advocates, lawyers need to rethink the ridiculous, convoluted language they use in correspondence and write letters in a clear, concise and direct manner, says legal writing instructor Stuart Teicher.
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Series
Ask A Mentor: How Can I Negotiate My Separation Agreement?
Kate Reder Sheikh at Major Lindsey discusses how a law firm associate can navigate being laid off, what to look for in a separation agreement and why to be upfront about it with prospective employers.
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DoNotPay Cases Underscore Hurdles For AI-Fueled Legal Help
Recent legal challenges against DoNotPay’s "robot lawyer” application highlight pressing questions about the degree to which artificial intelligence can be used for legal tasks while remaining on the right side of both consumer protection laws and prohibitions against the unauthorized practice of law, says Kristen Niven at Frankfurt Kurnit.
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For The Future Of Legal Practice, Let's Learn From The Past
At some level, every practicing lawyer is experiencing the ever-increasing speed of change — and while some practice management processes have gotten more efficient, other things about the legal profession were better before supposed improvements were made, says Jay Silberblatt, president of the Pennsylvania Bar Association.
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Why All Law Firms Should Foster Psychological Capital
Law firms will be able to reap great long-term benefits if they adopt strategies to nurture four critical components of their employees' psychological wellness and performance — hope, efficacy, resilience and optimism, says Dennis Stolle at the American Psychological Association.
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ChatGPT Is A Cool Trick, But AI Won't Replace Lawyers
Generative AI applications like ChatGPT are unlikely to ever replace attorneys for a variety of practical reasons — but given their practice-enhancing capabilities, lawyers who fail to leverage these tools may be rendered obsolete, says Eran Kahana at Maslon.