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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Although artificial intelligence-powered legal research is ushering in a new era of legal practice that augments human expertise with data-driven insights, it is not without challenges involving privacy, ethics and more, so legal professionals should take steps to ensure AI becomes a reliable partner rather than a source of disruption, says Marly Broudie at SocialEyes Communications.
With the increased usage of collaboration apps and generative artificial intelligence solutions, it's not only important for e-discovery teams to be able to account for hundreds of existing data types today, but they should also be able to add support for new data types quickly — even on the fly if needed, says Oliver Silva at Casepoint.
With many legal professionals starting to explore practical uses of generative artificial intelligence in areas such as research, discovery and legal document development, the fundamental principle of human oversight cannot be underscored enough for it to be successful, say Ty Dedmon at Bradley Arant and Paige Hunt at Lighthouse.
The legal profession is among the most hesitant to adopt ChatGPT because of its proclivity to provide false information as if it were true, but in a wide variety of situations, lawyers can still be aided by information that is only in the right ballpark, says Robert Plotkin at Blueshift IP.
Series
Ask A Mentor: How Can I Use Social Media Responsibly?
Leah Kelman at Herrick Feinstein discusses the importance of reasoned judgment and thoughtful process when it comes to newly admitted attorneys' social media use.
Attorneys should take a cue from U.S. Supreme Court justices and boil their arguments down to three points in their legal briefs and oral advocacy, as the number three is significant in the way we process information, says Diana Simon at University of Arizona.
In order to achieve a robust client data protection posture, law firms should focus on adopting a risk-based approach to security, which can be done by assessing gaps, using that data to gain leadership buy-in for the needed changes, and adopting a dynamic and layered approach, says John Smith at Conversant Group.
Laranda Walker at Susman Godfrey, who was raising two small children and working her way to partner when she suddenly lost her husband, shares what fighting to keep her career on track taught her about accepting help, balancing work and family, and discovering new reserves of inner strength.
Series
Ask A Mentor: How Can I Turn Deferral To My Advantage?
Diana Leiden at Winston & Strawn discusses how first-year associates whose law firm start dates have been deferred can use the downtime to hone their skills, help their communities, and focus on returning to BigLaw with valuable contacts and out-of-the-box insights.
Female attorneys and others who pause their careers for a few years will find that gaps in work history are increasingly acceptable among legal employers, meaning with some networking, retraining and a few other strategies, lawyers can successfully reenter the workforce, says Jill Backer at Ave Maria School of Law.
ChatGPT and other generative artificial intelligence tools pose significant risks to the integrity of legal work, but the key for law firms is not to ban these tools, but to implement them responsibly and with appropriate safeguards, say Natalie Pierce and Stephanie Goutos at Gunderson Dettmer.
Opinion
We Must Continue DEI Efforts Despite High Court Headwinds
Though the U.S. Supreme Court recently struck down affirmative action in higher education, law firms and their clients must keep up the legal industry’s recent momentum advancing diversity, equity and inclusion in the profession in order to help achieve a just and prosperous society for all, says Angela Winfield at the Law School Admission Council.
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.