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Courts
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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.
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Deals Down, BigLaw Usage Up As Litigation Finance Matures
New deal volume is down for a second year in the litigation finance industry, even as BigLaw firms continue to make up a larger percentage of its customer base, highlighting an industry "trending towards greater sophistication" despite macro headwinds that have kept capital tight.
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Colo. Gov. Signs Law Adding 15 New State Court Judges
Colorado Gov. Jared Polis has signed into law a bipartisan measure that will fund 15 new state court judges over the next two years.
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Experts Warn Of 'Slippery Slope' In Judge Shopping Sanctions
A federal judge's judge shopping sanctions on lawyers challenging an Alabama transgender care ban were unusually harsh, legal experts said, and raise concerns about a chilling effect on advocates litigating similar cases in other jurisdictions.
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Jenner & Block Latest BigLaw Firm Targeted In Trump Order
President Donald Trump on Tuesday signed an executive order aimed at Jenner & Block LLP, suspending security clearances for its employees and taking other actions in response to the firm's pro bono work and a former partner's role as a top deputy to former special counsel Robert Mueller.
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McCarter & English Adds Ex-FBI Privacy Officer In DC
McCarter & English LLP said Tuesday it is strengthening its cybersecurity and data practice with the addition of a veteran FBI attorney who oversaw the bureau's response to data breaches and advised executives there on civil liberties issues.
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Doctor Defends Exam Saying Judge Newman Is Fit To Serve
A neurosurgeon who examined Federal Circuit Judge Pauline Newman and declared her fit to serve on the bench pushed back Tuesday on criticism of his evaluation made by doctors retained by the appeals court's other judges, who have suspended the 97-year-old jurist.
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2nd Circ. Trims Ex-K&L Gates Atty's Cyberstalking Conviction
The Second Circuit has reversed one of three counts of conviction for a former K&L Gates attorney who was accused of cyberstalking and harassing his colleagues, finding that there was insufficient evidence to support claims that he made "true threats" to one of the accusers.
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Florida High Court Forms Group To Examine Judicial Security
The Florida Supreme Court has created a new working group on judicial security and tasked it with developing a report over the next year on threat reduction, detection and response.
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Outgoing Georgia Chief Justice Heading To HunterMaclean
Georgia Supreme Court Chief Justice Michael P. Boggs told Law360 Pulse on Tuesday that he will join Georgia business law firm HunterMaclean as a partner next month after he departs from the bench.
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Retired Texas Federal Judge Joins Shook Hardy
Shook Hardy & Bacon LLP announced Tuesday that a retired U.S. magistrate judge for Texas' Eastern District has joined its complex litigation strategic counseling practice, boosting the firm's ability nationwide to handle class actions, governmental investigations and intellectual property matters.
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No New Trial For Alleged Embezzler Who Waffled On Testifying
The Second Circuit on Monday rejected a bid for a new trial from a former Long Island nonprofit executive who was convicted of embezzlement, rejecting her argument that she'd been denied a right to testify and saying the record showed that she'd chosen not to.
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Retired 1st Circ. Judge Boudin Dies At 85
Retired First Circuit Judge Michael Boudin, whose notable opinions during nearly three decades on the appeals court included a finding that the Defense of Marriage Act was unconstitutional, died Monday at 85 following a long struggle with Parkinson's disease, his nephew confirmed.
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Former Colleagues 'Devastated' Over Ex-US Atty's Death At 43
Jessica Aber, the 43-year-old former U.S. attorney for the Eastern District of Virginia who was found dead on Saturday, is remembered as an exceptional trial attorney and a warm, caring colleague who achieved remarkable success at a young age.
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Deadline In Removal Review Cases Not Rigid, High Court Told
A Jamaican drug dealer ordered deported by U.S. immigration authorities who is seeking shelter in the country for fear of torture back home was joined by the U.S. government on Monday in telling the U.S. Supreme Court that his court challenge to a deportation order was not precluded by federal law, and was timely.
Expert Analysis
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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.
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How AI Legal Research Tools Are Shifting Law Firm Processes
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.
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Data Source Proliferation Is A Growing E-Discovery Challenge
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.