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Courts
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6th Circ. Tosses Atty's Challenge To Court Recording Ban
A Michigan attorney who was held in contempt for posting a screenshot of a Zoom hearing on Facebook can't use the First Amendment to challenge a prohibition on recording courtroom proceedings, because he lacks standing, the Sixth Circuit has ruled.
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Bannon Again Seeks Bail As DC Circ. Considers Rehearing
Imprisoned former Donald Trump adviser Stephen Bannon asked a D.C. federal judge on Thursday to reimpose his bail while he waits to hear whether an appeals court will give another look at his contempt of Congress conviction.
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9th Circ. Revives Atty's Suit Against State Bar Officers
The Ninth Circuit on Wednesday reversed a summary judgment win for Oregon State Bar officers, ruling in a published opinion that a member attorney established that the bar violated his constitutional right to freedom of association when publishing statements he objected to that criticized former President Donald Trump.
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Trump Prosecutor Restarts Precarious Road To DC Trial
The revised federal indictment accusing Donald Trump of scheming to overturn his 2020 presidential election loss is crafted in a way that experts say should allow it to survive scrutiny under the U.S. Supreme Court's ruling granting broad immunity to former presidents for official acts, but the justices could have the final say.
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Biden's Latest Judge Nominees Include Pick For Northern NY
President Joe Biden announced judicial nominees on Wednesday for federal district courts in New York, New Mexico and Arizona.
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Pa. Ex-Cop Faces Feb. Trial On Trimmed Jan. 6 Charges
A D.C. federal judge set a February date for Joseph Fischer's Jan. 6 Capitol attack trial, clearing the way for the former Pennsylvania cop to be tried by prosecutors after the U.S. Supreme Court struck down the obstruction of Congress charge in his case.
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Justices Won't Revive Student Debt Relief Plan Right Now
The U.S. Supreme Court on Wednesday refused to reinstate President Joe Biden's latest student loan debt relief program, leaving the $475 billion plan on ice until the Eighth Circuit decides whether the administration has the authority to continue its new push to reduce student loan bills for millions of people.
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Ex-Defender Opposes Bid To Fix Record In Harassment Case
A former assistant public defender in North Carolina who lost her suit accusing the judiciary of botching her sexual harassment complaint has called out mistakes in the trial transcripts but opposed the government's method for correcting them, calling the proposal "fundamentally unfair."
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Ex-Assistant DA Can't Revive Retaliation Suit At 9th Circ.
The Ninth Circuit declined Wednesday to reinstate a former assistant district attorney's suit claiming he was fired by the city of San Francisco for whistleblowing about what he alleged was misconduct, ruling there's not enough proof he was canned for going to the media with his concerns.
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Hueston Hennigan Adds Section Chief At US Atty's Office In LA
Hueston Hennigan LLP has added to its Los Angeles office an attorney who worked for the U.S. Attorney's Office for the Central District of California for more than eight years, including as chief of its criminal appeals section.
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Silvera Elevated To Deputy Chief Admin Judge for NYC Courts
Administrative Judge Adam Silvera of New York County Supreme Court, Civil Term, has been appointed deputy chief administrative judge for the New York City courts.
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Why BigLaw Firms Are Investing In E-Discovery Expertise
Bolstered by technological advancements, BigLaw firms are relying more on specialized e-discovery attorneys who can provide more focused legal guidance and technical support.
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How To Jump From A Clerkship To Working For A Law Firm
Young attorneys who follow the path of completing a judicial clerkship immediately after law school may possess valuable skills from working closely with a judge for a year, but they still have the process of transitioning to a law firm setting ahead of them.
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Palin Wins New NYT Libel Trial As 2nd Circ. Chides Rakoff
The Second Circuit granted Sarah Palin a new trial Wednesday in her defamation suit against The New York Times, holding that U.S. District Judge Jed S. Rakoff biased the verdict in favor of the newspaper and "usurped" the jury's role by erroneously tossing the case during deliberations.
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2nd Circ. Urged To Reject Preemption Defense In BofA Row
The Second Circuit should join fellow federal courts in finding that a New York statute requiring all banks to pay at least 2% interest on mortgage-escrow accounts isn't preempted, a former Bank of America mortgage customer has told the appeals court following the U.S. Supreme Court's remand of the matter.
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Randy Mastro, Gibson Dunn In Arbitration Over Departure
Trial lawyer Randy Mastro is locked in closed-door arbitration with Gibson Dunn & Crutcher LLP over the terms of his 2022 departure for King & Spalding LLP, the litigator revealed Tuesday as part of his controversial nomination to serve as New York City's top lawyer.
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DC Grand Jury Returns New Trump Indictment In Jan. 6 Case
A federal grand jury in Washington, D.C., on Tuesday returned a superseding indictment accusing Donald Trump of conspiring to subvert the results of the 2020 election, maintaining the same four criminal counts contained in the original indictment after the U.S. Supreme Court ruled that former presidents possess immunity from prosecution related to official acts.
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3rd Circ. Axes Kavanaugh Classmate's HuffPo Defamation Suit
A lower court was right to nix a defamation lawsuit by a former classmate of U.S. Supreme Court Justice Brett Kavanaugh against The Huffington Post because the suit is time-barred no matter which state's law governs it, the Third Circuit ruled Tuesday.
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Jackson Walker Is Trying To 'Revise History,' US Trustee Says
Jackson Walker LLP told a Houston judge Tuesday that the U.S. Trustee's Office "wants everyone to play by the rules except for [itself]" in a discovery dispute connected to a former Texas bankruptcy judge's secret relationship, as the bankruptcy watchdog simultaneously accused the firm of chasing down rumors to "revise history" through overbroad discovery requests.
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Top Trial Atty Engages Critics Of His NYC Counsel Nomination
Renowned trial lawyer Randy Mastro of King & Spalding LLP has pledged to work for New York City in a "truly innovative and transformative" way as city council members challenged his record during a Tuesday nomination hearing that came one month after Mayor Eric Adams chose him to serve as corporation counsel over the objection of some city leaders.
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NY-Licensed Atty Tells Appeals Court NC Bar Can't Touch Him
An immigration attorney has told the North Carolina Court of Appeals he can't be disciplined in a state where he was never licensed, saying the state bar's decision to disbar him should be reversed.
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Ford, NC Couple Settle Car Crash Dispute
Ford Motor Company and a couple suing the auto giant over an allegedly defective seat and seat belt in their 2017 Ford Explorer have reached a confidential settlement of their claims, according to a recent North Carolina state court filing.
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Disbarred Atty Tom Girardi Convicted Of Defrauding Clients
A California federal jury on Tuesday convicted disbarred attorney Tom Girardi on all four counts of wire fraud, finding that the former titan of the plaintiffs bar misappropriated $15 million of his clients' settlement funds.
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Approach The Bench: Justice Earls On Speaking Out
North Carolina Supreme Court Justice Anita Earls still believes in the importance of informing the public about the judiciary, but these days she's a little more careful about what she says.
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Money, Networks Mean Few Fla. Judges Face Reelection Foes
The rising cost of campaigning, the advantages of judicial networks and a dearth of attorneys who want to be judges mean Florida jurists are almost never challenged for their seats.
Expert Analysis
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Opinion
CLE Accreditation Should Be Tied To Learning Outcomes
Given the substantial time and money lawyers put toward mandatory continuing legal education, CLE regulators and providers should be held to accreditation standards that assess learning outcomes, similar to those imposed on law schools and continuing medical education providers, says Rima Sirota at Georgetown Law.
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Why You Should Leverage AI For Privilege Review
While many lawyers still believe that a manual, document-by-document review is the best approach to privilege logging, certain artificial intelligence tools can bolster the traditional review process and make this aspect of electronic document review more efficient, more accurate and less costly, say Laura Riff and Michelle Six at Kirkland.
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Persuading The Court With Visual Aids In Written Argument
Robert Dubose at Alexander Dubose describes several categories of visuals attorneys can use to make written arguments easier to understand or more persuasive, and provides tips for lawyers unused to working with anything but text.
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BigLaw Vs. Mid-Law Summer Programs: The Pros And Cons
There are major differences between BigLaw and Mid-Law summer associate programs, and each approach can learn something from the other in terms of structure and scheduling, the on-the-job learning opportunities provided, and the social experiences offered, says Anna Tison at Brooks Pierce.
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Series
Ask A Mentor: How Do I Take Time Off?
David Kouba at Arnold & Porter discusses how attorneys can prioritize mental health leave and vacation despite work-related barriers to taking time off.
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Law Firms Must Prioritize Mental Health In Internal Comms
The traditional structure of law firms, with their compartmentalization into silos, is an inherent challenge to mental wellness, so partners and senior lawyers should take steps to construct and disseminate internal action plans and encourage open dialogue, says Elizabeth Ortega at ECO Strategic Communications.
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Our Current Approach To Trial Advocacy Training Is Lacking
The key to trial advocacy is persuasion, but current training programs focus almost entirely on technique, making it imperative that lawyers are taught to be effective storytellers and to connect with their audiences, says Chris Arledge at Ellis George.
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How Women In Law Can Advance Toward Leadership Roles
Female attorneys in leadership roles inspire other women to pursue similar opportunities in a male-dominated field, and for those who aspire to lead, prioritizing collaboration, inclusivity and integrity is key, says Kim Yelkin at Foley & Lardner.
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The Case That Took Me From Prosecutor To Defense Attorney
Former Assistant U.S. Attorney Moira Penza, now at Wilkinson Stekloff, recalls the challenges of her first case as a civil defense attorney — a multibillion-dollar multidistrict class action against Allergan — and the lessons she learned about building rapport in the courtroom and with co-counsel.
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The Importance Of Legal Macroeconomics Education For Attys
Most legal professionals lack understanding of the macroeconomic trends unique to the legal industry, like the rising cost of law school and legal services, which contributes to an unfair and inaccessible justice system, so law school courses and continuing legal education requirements in this area are essential, says Bob Glaves at the Chicago Bar Foundation.
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Opinion
It's Time To Hold DC Judges Accountable For Misconduct
On the heels of Thursday's congressional hearing on workplace protections for judiciary employees, former law clerk Aliza Shatzman recounts her experience of harassment by a D.C. Superior Court judge — and argues that the proposed Judiciary Accountability Act, which would extend vital anti-discrimination protections to federal court employees, should also include D.C. courts.
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What ABA Student Well-Being Standards Mean For Law Firms
While the American Bar Association's recent amendments to its law school accreditation standards around student well-being could have gone further, legal industry employers have much to learn from the ABA's move and the well-being movement that continues to gain traction in law schools, says David Jaffe at the American University Washington College of Law.
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Series
Ask A Mentor: How Do I Build Rapport In New In-House Role?
Tim Parilla at LinkSquares explains how new in-house lawyers can start developing relationships with colleagues both within and outside their legal departments in order to expand their networks, build their brands and carve their paths to leadership positions.
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What Attys Should Consider Before Taking On Pro Bono Work
Excerpt from Practical Guidance
Piper Hoffman and Will Lowrey at Animal Outlook lay out suggestions for attorneys to maximize the value of their pro bono efforts, from crafting engagement letters to balancing workloads — and they explain how these principles can foster a more rewarding engagement for both lawyers and nonprofits.
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Opinion
NY Bar Admission Criminal History Query Is Unjust, Illegal
New York should revise Question 26 on its bar admission application, because requiring students to disclose any prior interaction with the criminal justice system disproportionately affects people of color, who have a history of being overpoliced — and it violates several state laws, says Andrew Brown, president of the New York State Bar Association.