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Courts
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8th Circ. Reverses Sanctions On Ark. Firm Over Fee Award
The Eighth Circuit has reversed a district court's sanction barring a law firm from participating in Fair Labor Standards Act lawsuits in the Eastern District of Arkansas over reported violations of the rules of civil procedure.
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Social Media Laws Need More Analysis, Justices Say
The U.S. Supreme Court on Monday returned to the lower courts challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on viewpoint, saying that the Fifth and Eleventh circuits did not conduct the proper analysis on the facial First Amendment challenges to the laws.
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Supreme Court Gives Trump Immunity For Official Acts
Former presidents are entitled to absolute immunity from prosecution related to an indefinite list of official acts, the U.S. Supreme Court ruled Monday, partially releasing Donald Trump from liability for allegedly interfering with the 2020 presidential election, but ultimately tasking lower courts with sussing out the full extent of his immunity.
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Supreme Court Widens Window To Challenge Federal Regs
Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.
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Girardi Wins Bid To Offer Mental Condition Testimony At Trial
Tom Girardi's defense team can call a doctor to testify at his upcoming trial as to a potential "mental condition" that they say might indirectly have bearing on his intent to defraud clients, a California federal judge ruled Thursday, rejecting prosecutors' argument that the testimony is irrelevant.
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Prosecution Rests In Menendez Bribery Trial
New York federal prosecutors on Friday closed out their case-in-chief that Sen. Robert Menendez accepted bribes from constituent businessmen, resting after a final witness said some $550,000 in cash seized from the senator's wife's house could not have been from his cash withdrawals in recent years, which were only $55,000.
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FCPA, Shkreli Prosecutor To Lead EDNY's Criminal Division
Breon Peace, U.S. attorney for the Eastern District of New York, on Friday said Alixandra Smith, known for taking point in the prosecution of Martin Shkreli and her leading roles in foreign bribery cases, has been appointed as the new chief of the office's Criminal Division.
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Parts Of Ga. Bond Law Blocked For Now Over 'Group' Meaning
A Georgia federal judge on Friday temporarily blocked certain provisions of a law set to take effect Monday that would make it illegal for people, charities and organizations to post more than three cash bonds in a year and require charitable bail funds to register as bonding agencies.
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Calif. Panel Won't Toss Trial Win By AT&T's Cricket
Cricket Communications Inc. won't have to worry about a 2018 jury trial win being kiboshed after a California appeals court ruled that when it overturned a pretrial ruling because a previous judge failed to disclose that he owned AT&T stock, it didn't mean the entire trial should be undone.
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Girardi's Ch. 7 Evidence Fight May Raise Novel Issues
Tom Girardi told a California federal judge that FBI agents violated his constitutional rights by obtaining evidence from his law firm's bankruptcy trustee without a search warrant, an argument that, if successful, could hamstring prosecutors in his upcoming wire fraud trial and shake up law enforcement's dealings with trustees.
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DC Access To Justice Leader On Making Courts User-Friendly
Erin Larkin, the first director of the D.C. Courts’ newly created Access to Justice unit, recently spoke with Law360 about plans to boost efforts to connect people with legal services and make the courts more accessible.
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Baldwin Loses Third Bid To Dismiss 'Rust' Shooting Case
A New Mexico state judge on Friday rejected Alec Baldwin's argument that his indictment on involuntary manslaughter charges in the "Rust" film shooting case should be thrown out because forensic tests damaged the actor's gun, a key piece of evidence in the case.
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Jan. 6 Ruling May Help Accused Rioters, But Not Trump
Experts said Friday that while the U.S. Supreme Court's decision narrowing the use of obstruction of Congress charges could have implications for hundreds of people accused of storming the U.S. Capitol on Jan. 6, 2021, the same count against former president Donald Trump remains buoyed by facts alleged in his election interference indictment.
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GCs Split On Effects Of Eliminating Chevron Doctrine
Tossing out the Chevron Doctrine, as the U.S. Supreme Court did Friday, may not change a company's or a general counsel's day-to-day business routine, but it does open up corporations to the uncertainty and possible chaos from shifting interpretations of the law, some experts told Law360 Pulse.
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Texas Judge Who Axed DACA To Retire In January 2025
U.S. District Judge Andrew S. Hanen — a controversial Republican appointee best known for twice ruling against President Barack Obama's Deferred Action for Childhood Arrivals immigration policy — has announced that he will take senior status on Jan. 2, 2025, allowing the next president to name his replacement.
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The Supreme Court's Week: By The Numbers
The justices issued a raft of contentious rulings this week — including in cases over the power of federal agencies, prosecution of the Jan. 6 insurrectionists, abortion access in Idaho and third-party liability releases in bankruptcy — but left a handful of high-profile cases still undecided. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
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Retired Calif. Judge Known For Ethics Work Dies At 87
Retired Los Angeles County Judge David M. Rothman, known for writing three editions of the California Judicial Conduct Handbook, died Tuesday in Berkeley, California, at age 87.
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Eric Trump Can Shield Most Docs In Ex-Aide's Retaliation Suit
Eric Trump can assert attorney-client privilege to avoid turning over most of a batch of emails sought by Trump 2016 campaign aide Arlene "AJ" Delgado in her pregnancy retaliation suit claiming she was banished from former President Donald Trump's orbit after a fellow staffer got her pregnant.
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GOP Rep. Says 'Inherent Contempt' Vote Coming After Recess
The Republican lawmaker spearheading a new inherent contempt effort for Attorney General Merrick Garland said it has the backing of House Speaker Mike Johnson, R-La., and would occur after the July 4 congressional recess.
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Indicted Brown & Connery Atty Removed From Rutgers Board
Brown & Connery LLP partner William Tambussi, who was indicted last week for his alleged role in a wide-ranging extortion scheme led by powerful Garden State businessman George Norcross III, has been removed from his seat on the Rutgers University Board of Governors, officials confirmed Friday.
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Voir Dire: Law360 Pulse's Weekly Quiz
The legal industry marked the end of June with another action-packed week of BigLaw hires and three straight days of U.S. Supreme Court decisions. Test your legal news savvy here with Law360 Pulse's weekly quiz.
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Bannon Can't Dodge Prison In Contempt Appeal
Steve Bannon must go to prison Monday, according to a U.S. Supreme Court order Friday rejecting the former Trump White House chief strategist's bid to stave off his four-month sentence for contempt of Congress.
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High Court Enters July With 3 Rulings To Go
In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
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Justices Limit Fed. Use Of Obstruction Charge In Jan. 6 Cases
The U.S. Supreme Court limited Friday the U.S. Department of Justice's use of an obstruction of Congress statute against defendants accused of storming the U.S. Capitol on Jan. 6, 2021, ruling the law enacted in the wake of an accounting scandal requires the obstructive act must somehow impair the availability or integrity of official documents or proceedings.
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Supreme Court Strikes Down Chevron Deference
The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.
Expert Analysis
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Keys To Digitizing Inefficient Contract Management Processes
Neville Eisenberg and Mark Grayson at BCLP explain how they sped up contract execution for one client by replacing email with a centralized, digital tool for negotiations and review, and how the principles they adhered to can be helpful for other law firms looking to improve poorly managed contract management processes.
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Series
Ask A Mentor: How Can Firms Coach Associates Remotely?.jpg)
Practicing law through virtual platforms will likely persist even after the pandemic, so law firms and senior lawyers should consider refurbishing their associate mentoring programs to facilitate personal connections, professionalism and effective training in a remote environment, says Carol Goodman at Herrick Feinstein.
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How Law Firms Can Welcome And Celebrate Autistic Lawyers
As the U.S. observes Autism Acceptance Month, autistic attorney Haley Moss describes the societal barriers and stereotypes that keep neurodivergent lawyers from disclosing their disabilities, and how law firms can better accommodate and level the playing field for attorneys whose minds work outside of the prescribed norm.
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Law Firm Tips For Evaluating AI And Machine Learning Tools
Many legal technology vendors now sell artificial intelligence and machine learning tools at a premium price tag, but law firms must take the time to properly evaluate them as not all offerings generate process efficiencies or even use the technologies advertised, says Steven Magnuson at Ballard Spahr.
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A Call For Personal Accountability On Diversity And Inclusion
While chief legal officers are increasingly involved in creating corporate diversity, inclusion and anti-bigotry policies, all lawyers have a responsibility to be discrimination busters and bias interrupters regardless of the title they hold, says Veta T. Richardson at the Association of Corporate Counsel.
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Learning How To Code Can Unleash New Potential In Lawyers
Every lawyer can begin incorporating aspects of software development in their day-to-day practice with little to no changes in their existing tools or workflow, and legal organizations that take steps to encourage this exploration of programming can transform into tech incubators, says George Zalepa at Greenberg Traurig.
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Supporting Associates Amid Pandemic's Mental Health Toll
As junior associates increasingly report burnout, work-life conflict and loneliness during the pandemic, law firms should take tangible actions to reduce the stigma around seeking help, and to model desired well-being behaviors from the top down, say Stacey Whiteley at the New York State Bar Association and Robin Belleau at Kirkland.
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Series
Ask A Mentor: Should My Law Firm Take On An Apprentice?.jpg)
Mentoring a law student who is preparing for the bar exam without attending law school is an arduous process that is not for everyone, but there are also several benefits for law firms hosting apprenticeship programs, says Jessica Jackson, the lawyer guiding Kim Kardashian West's legal education.
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The Importance Of Client Engagement In Law Firm Innovation
As clients increasingly want law firms to serve as innovation platforms, firms must understand that there is no one-size-fits-all approach — the key is a nimble innovation function focused on listening and knowledge sharing, says Mark Brennan at Hogan Lovells.
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The Unique Challenges Facing Women-Owned Law Firms
In addition to establishing their brand from scratch, women who start their own law firms must overcome inherent bias against female lawyers and convince prospective clients to put aside big-firm preferences, says Joel Stern at the National Association of Minority and Women Owned Law Firms.
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The Pursuit Of Wellness In BigLaw: Lessons From My Journey
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Jane Jeong at Cooley shares how grueling BigLaw schedules and her own perfectionism emotionally bankrupted her, and why attorneys struggling with burnout should consider making small changes to everyday habits.
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Why We Must Recruit And Advance More Black Prosecutors
Black Americans make up a disproportionate percentage of the incarcerated population but are underrepresented among elected prosecutors, so the legal community — from law schools to prosecutor offices — must commit to addressing these disappointing demographics, says Erika Gilliam-Booker at the National Black Prosecutors Association.
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Series
Ask A Mentor: How Can Associates Deal With Overload?.jpg)
Young lawyers overwhelmed with a crushing workload must tackle the problem on two fronts — learning how to say no, and understanding how to break down projects into manageable parts, says Jay Harrington at Harrington Communications.
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A Scientific Path For Improving Diversity At Law Firms
Law firms could combine industrial organizational psychology and machine learning to study prospective hires' analytical thinking, stress response and similar attributes — which could lead to recruiting from a more diverse candidate pool, say Ali Shahidi and Bess Sully at Sheppard Mullin.
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Series
Ask A Mentor: How Can Associates Seek More Assignments?.jpg)
In the first installment of Law360 Pulse's career advice guest column, Meela Gill at Weil offers insights on how associates can ask for meaningful work opportunities at their firms without sounding like they are begging.