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November 05, 2024
Mass. Voters Reject Tipped Minimum Wage Proposal
Massachusetts voters on Tuesday rejected a hotly contested measure that would have fundamentally changed how servers and other tipped workers are compensated, one of a collection of ballot initiatives dealing with employment rights, education and legalized hallucinogens.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
California's $18 Minimum Wage Initiative Too Close To Call
In the early morning hours on Wednesday, it was still too close to call whether California voters would approve an initiative to increase the statewide minimum wage from the current floor of $16 an hour to $18 an hour, with votes against the measure slightly ahead.
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November 05, 2024
1st Circ. Doubts Nantucket Has Immunity To Cap Rental Cars
A First Circuit panel on Tuesday appeared open to reviving a challenge to a Nantucket bylaw that limits the number of licenses for rental cars on the vacation getaway, suggesting the policy is not immune under federal antitrust laws.
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November 05, 2024
4 Golf Course Data Breach Suits Consolidated In Illinois
Four separate proposed class actions alleging an Illinois-based golf course operator failed to protect customers' information following a data breach have been consolidated and will be heard in front of the same federal judge.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Fla. Judge Denies Bid To Halt Repeal Of Homeless Tax Idea
A Florida state court judge has denied a bid to stop the repeal of a Miami Beach tax proposal placed on the ballot to pay for homeless services days before the general election Tuesday, citing the court's inability to "second-guess" a political decision made by a legislative body.
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November 04, 2024
Turkish Co. Asks To End Sanctions As Kyrgyzstan Settles Suit
Kyrgyzstan has agreed to a settlement deal that resolves a Turkish company's suit to confirm an $11.6 million arbitral award it won after being forcibly ejected from its hotel project in the capital city of Bishkek, the company has told a New York federal judge.
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November 04, 2024
Hilton Gets $30M Punitive Damages Injury Award Cut To $10M
A New York federal judge has slashed a jury's punitive damages award from $30 million to $10 million in a suit accusing Hilton of causing a hotel guest's severe spinal injuries when it knowingly failed to replace defective bathroom doors, saying the award was excessive.
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November 04, 2024
Justices Say Gov't Can Join Oral Arguments In $47M TM Case
The U.S. Supreme Court said Monday it will allow Solicitor General Elizabeth Prelogar to participate in oral arguments in a case where the justices will consider whether a real estate development company's corporate affiliates should be responsible for a $46.6 million trademark infringement judgment, even though they were not defendants.
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November 04, 2024
NFL Stakes Out Appeal Rights In Sunday Ticket Antitrust Fight
While the NFL was able to overturn a $4.7 billion antitrust jury verdict against its Sunday Ticket broadcasting package, the league is nevertheless staking out an appeal at the Ninth Circuit in case the fight is turned on its head again.
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November 04, 2024
TGI Fridays Restaurant Chain Hits Ch. 11, Blaming Pandemic
Casual dining chain TGI Fridays Inc. filed for Chapter 11 protection in Texas with nearly $151 million in debt, blaming the COVID-19 pandemic and its capital structure and planning a sale within two months.
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November 01, 2024
Lack Of Alcohol License Frees Co. From 'Surfside' TM Suit
A D.C. federal judge has freed an Illinois food and beverage holdings company from a Mexican restaurant operator's trademark infringement lawsuit accusing it of distributing canned vodka beverages donning the restaurant's "Surfside" mark, saying the holdings company didn't even have a license to sell alcohol.
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November 01, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
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November 01, 2024
Chicago Judge Erred After Illness Sidelined Atty, Court Says
An Illinois appeals court has scrapped a $480,000 judgment against a now-shuttered Chicago restaurant for unpaid rent following the COVID-19 pandemic, finding that a county judge erred by refusing to delay the trial even though the restaurant's counsel had a medical emergency, which left the restaurant without legal representation.
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November 01, 2024
Gallery Owner Ends Virus Coverage Fight After Calif. Ruling
A California gallery owner has ended its COVID-19 property insurance dispute with a Hartford unit in the wake of a California Supreme Court ruling in August finding that a virus exclusion in a restaurant's policy, issued by the same unit, did not render coverage illusory.
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November 01, 2024
Retail Center Says AIG Unit Must Cover Foundation Damage
A real estate management company owned by Rick Caruso, a 2022 candidate for mayor of Los Angeles, accused an AIG unit of failing to cover property damage at one of its shopping complexes, telling a California federal court the insurer delayed notice for nearly 10 years.
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November 01, 2024
GRSM50 Won't Be Disqualified In Detroit Hotel Firing Suit
A Michigan federal judge has refused to disqualify Gordon Rees Scully Mansukhani LLP from representing an upscale Detroit hotel in a retaliation suit filed by three fired employees, but flagged the firm for being "negligent" in its handling of discovery in the case.
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November 01, 2024
Off The Bench: Horse Racing Ruling Halted, Fla. Betting Deal
In this week's Off The Bench, supporters of the organization overseeing federal horse-racing laws got a helping hand from the U.S. Supreme Court, the feud between a Florida tribe and state casino interests ends in a truce, and the NBA wants the details of its disputed media rights deal kept out of the public eye.
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November 01, 2024
Hotel Booking Service, Ex-Worker Settle Promotion Bias Suit
A corporate hotel booking service agreed to settle a former national sales manager's lawsuit claiming she received poor performance reviews because she took maternity leave and was fired for complaining about being passed over for promotions, the company told a Colorado federal court.
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November 01, 2024
Hawaii Resort's H-2B Bid Doomed By Contractor Status
A Hawaiian resort lost its effort to temporarily hire 40 housekeepers and dishwashers, failing to convince a U.S. Department of Labor judge that it, and not its owner, would serve as the guestworkers' employer.
Expert Analysis
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Keeping Up With Class Actions: Data Breach Litigation In Flux
In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Bank Secrecy Act Lessons For Casinos After DOJ Settlements
The U.S. Department of Justice's recent settlements with the MGM Grand and Cosmopolitan casinos, resolving an investigation into alleged violations of the Bank Secrecy Act, signal a shift in the DOJ's enforcement focus and provide insight into potential pitfalls in anti-money laundering compliance programs, say attorneys at Jenner & Block.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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USCIS Fee Increases May Have Unintended Consequences
U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.