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Justices Revive Mississippi Death Row Inmate's Batson Claim
The U.S. Supreme Court ruled Thursday that a Black Mississippi death row prisoner who argued racial discrimination tainted his jury selection is entitled to habeas corpus relief, finding that Mississippi's courts improperly rejected his challenge to the prosecutor's juror strikes.
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Justices Say First Step Act Not 'Vehicle' For Innocence Claim
The U.S. Supreme Court held Thursday that judges lack wide discretion to pare down sentences for criminal defendants under the First Step Act based on questions about the validity of a conviction, shutting the door on a potential wave of postconviction relief petitions, experts said.
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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.
Expert Analysis
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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.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Ask A Mentor: How Do I Juggle Billables And Other Activities?
While involvement in internal firm initiatives can be rewarding both personally and professionally, associates' billable time requirements don’t leave much room for other work, meaning they must develop strategies to ensure they’re meeting all of their commitments while remaining balanced, says Melanie Webber at Fisher Phillips.
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Making Legal Cents: How To Adapt As Clients Tighten Budgets
Amid a dip in corporate legal spending and client pushback on bills, Shireen Hilal at Maior Consultants highlights specific in-house counsel frustrations and explains how firms can provide customized legal advice with costs that are supported by undeniable value.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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General Counsel And Legal Ops Must Work Together
It is critical for general counsel to ensure that a legal operations leader is viewed not only as a peer, but as a strategic leader for the organization, and there are several actionable ways general counsel can not only become more involved, but help champion legal operations teams and set them up for success, says Mary O'Carroll at Ironclad.
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How Generative AI's Growing Memory Affects Lawyers
A new ChatGPT feature that can remember user information across different conversations has broad implications for attorneys, whose most pressing questions for the AI tool are usually based on specific, and large, datasets, says legal tech adviser Eric Wall.
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A Model For Optimal Legal Tech Investment Strategy
Legal organizations struggling to work out the right technology investment strategy may benefit from using a matrix for legal department efficiency that is based on an understanding of where workloads belong, according to the basic functions and priorities of a corporate legal team, says Sylvain Magdinier at Integreon.
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Series
My Nonpracticing Law Job: Recruiter
Self-proclaimed "Lawyer Doula" Danielle Thompson at Major Lindsey shares how she went from Columbia Law School graduate and BigLaw employment associate to a career in legal recruiting — and discovered a passion for advocacy along the way.
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Series
Ask A Mentor: How Do I Balance Social Activism With My Job?
Corporate attorneys pursuing social justice causes outside of work should consider eight guidelines for finding equilibrium between their beliefs and their professional duties and reputation, say Diedrick Graham, Debra Friedman and Simeon Brier at Cozen O'Connor.
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Personality Tests And Machine Learning Applications In Law
Mateusz Kulesza at McDonnell Boehnen looks at potential applications of personality testing based on machine learning techniques for law firms, and the implications this shift could have for lawyers, firms and judges, including how it could make the work of judges and other legal decision-makers much more difficult.
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AI Is Reshaping Lawyering: What To Expect In 2024
The future of lawyering is not about the wholesale replacement of attorneys by artificial intelligence, but as AI handles more of the routine legal work, the role of lawyers will evolve to be more strategic, requiring the development of competencies beyond traditional legal skills, says Colin Levy at Malbek.
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Embrace Active Voice In Legal Writing — In Most Cases
Legal writers should strive to craft sentences in the active voice to promote brevity and avoid ambiguities that can spark litigation, but writing in the passive voice is sometimes appropriate — when it's a moral choice and not a grammatical failure, says Diana Simon at the University of Arizona's James E. Rogers College of Law.
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Series
Ask A Mentor: How Can I Help Associates Turn Down Work?
Marina Portnova at Lowenstein Sandler discusses what partners can do to aid their associates in setting work-life boundaries, especially around after-hours assignment availability.