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Fed. Judges' Public Spat With Justices May Undermine Courts
Public criticism being traded back and forth in recent months between U.S. Supreme Court justices and lower-court federal judges over the justices' emergency orders is highly unusual in itself, but it also raises the risk of eroding public trust in the judiciary.
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Justices Skeptical Of NJ Subpoena For Anti-Abortion Donors
Several U.S. Supreme Court justices appeared sympathetic Tuesday to an anti-abortion pregnancy-center network's bid to challenge a subpoena from the New Jersey attorney general, pressing the state on whether its demand for donor identities and internal documents risked unconstitutionally chilling First Amendment associational rights.
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Hagens Berman Referred To DOJ For Alleged Misconduct
A Pennsylvania federal judge on Tuesday recommended to the U.S. Department of Justice that it investigate powerhouse plaintiffs firm Hagens Berman Sobol Shapiro LLP's conduct in connection with several since-dropped product liability cases that a special master found to be filed in bad faith.
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Accusers Seek To Revive Katt Williams Suit Over Judicial Bias
Four women whose suit against comedian Katt Williams was tossed by a Georgia federal judge on a finding that the claims related to a 2016 altercation outside a nightclub were time-barred, asked the court Tuesday to reconsider on the basis that the judge is hostile to their lawyer and did not render an impartial decision.
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Trump Seeks To Block Final Classified Documents Report
President Donald Trump sought Tuesday to fight two groups' efforts to undo a Florida federal judge's order blocking release of the final report from former special counsel Jack Smith's investigation into Trump's handling of classified documents.
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4th Circ. Rejects Rehearing In Ex-Defender's Harassment Case
Former assistant public defender Caryn Devins Strickland lost her bid to have the full Fourth Circuit rehear her sexual harassment suit against the federal judiciary, as judges ruled they didn't overlook her pro bono legal team's withdrawal on the eve of her bench trial.
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2 New Judges Confirmed To NC Federal Court
The U.S. Senate confirmed two federal judges for North Carolina on Tuesday.
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Approach The Bench: Judge Robart On Living Under Threats
It's been nearly nine years since U.S. District Judge James Robart blocked President Donald Trump's 2017 executive order barring travel from seven Muslim-majority countries, and though the judge has had a long career — including groundbreaking patent and securities decisions — he still occasionally gets recognized as that "so-called judge."
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Ex-Immigration Judge Accuses DOJ Of Political Retaliation
A former Ohio immigration judge sued the U.S. Department of Justice in D.C. federal court Monday, alleging she was discriminated against and unconstitutionally fired for her liberal political beliefs while slamming the Trump administration's recent "unprecedented assault" against longstanding civil service laws that protect millions of federal employees.
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Justices Probe Limits Of Deference In Asylum Cases
The U.S. Supreme Court on Monday grappled with when courts can review the Board of Immigration Appeals' persecution findings, showing little appetite for allowing courts to routinely second-guess agency expertise while expressing concern that the government was advocating for too much deference.
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NJ Comptroller Bill Debate Turns Into Fight Over AG's Record
A New Jersey Senate committee hearing on Monday about a bill that would remove investigatory powers from the Office of the State Comptroller devolved into attacks on the state attorney general's record and accusations of "textbook" First Amendment violations.
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Judge-Shopping Sanctions Order Must Stand, 11th Circ. Told
The Alabama federal judges who sanctioned a trio of civil rights attorneys for allegedly judge shopping are defending that outcome, telling the Eleventh Circuit the controversial process was above board and rejecting the "scheming" attorneys' claims that they simply wanted to ensure they received a randomly assigned judge.
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What MDL Judges Can Get Done With A New Civil Rule
As the first federal procedure rule geared toward multidistrict litigation goes into effect, judges will have a new buffet of best practices to guide them, but little in the way of hand-tying mandates.
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Calif. Ban On Fee-Sharing With 'Alternative' Firms Challenged
A new law barring California lawyers and firms from sharing fees with out-of-state law firms owned by nonlawyers is unconstitutional and will harm the state's mass tort lawyers and their clients, according to a lawsuit filed last week.
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Med Mal Judge DQ Sought Over Conflict Of 'Epic Proportions'
A Florida couple say their medical malpractice suit against a Georgia healthcare provider shouldn't have been dismissed by a Georgia federal judge, arguing the judge has a conflict of interest of "epic proportions" through her brother and sister-in-law.
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Saxton & Stump Expanding In Central Pa. With Former Judge
Saxton & Stump will kick off the new year by growing its offices in York and Harrisburg, Pennsylvania, with a magisterial district judge who will join the firm when her term is over at the end of December.
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DOJ Top Enviro Atty Joins Pillsbury In DC
The former assistant attorney general for the U.S. Department of Justice's Environment and Natural Resources Division has come aboard Pillsbury Winthrop Shaw Pittman LLP's Washington, D.C., office, the firm announced Monday.
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Port Authority Chair Gets NJ Committee Nod For Another Term
The New Jersey Senate Judiciary Committee voted to reappoint Kevin O'Toole, chair of the Port Authority of New York and New Jersey since 2017, to another six-year term on the board of commissioners of the agency on Monday.
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Justices Question Scope Of ISP Liability In $1B Piracy Case
U.S. Supreme Court justices pressed Cox Communications on whether internet service providers could ever be liable for their customers' online piracy if it defeated a $1 billion case brought by music companies, with Justice Ketanji Brown Jackson questioning the company's attorney Monday if "selling internet services can ever be culpable conduct."
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3rd Circ. Says Habba Barred From Serving As Acting US Atty
President Donald Trump's former personal lawyer cannot serve as acting U.S. attorney for New Jersey, the Third Circuit ruled Monday in a precedential opinion holding that her appointment violated the Federal Vacancies Reform Act and undermined the constitutional safeguards of Senate confirmation.
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Cyber Co. Says Mich. Atty's Recusal Bid Based On Speculation
A Michigan attorney's attempt to have a judge recuse from a payment dispute launched by a cybersecurity firm "is a waste of the court's time," the company has said, because her bid is based on speculation over the judge's work in a federal prosecutor's office.
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Up Next At High Court: ISP Liability & State Subpoena Suits
The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court.
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Ohio Panel Says Locked Court Doors Didn't Violate Trial Right
An Ohio appeals court said on Wednesday that a decision to continue a trial after courthouse doors were locked at the close of business did not violate a man's rights, denying his bid for a new trial.
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State High Courts See Little Progress In Improving Diversity
State supreme courts have seen minimal improvements in the racial and gender diversity of their jurists, as new justices have been disproportionately white and male, with even less progress made in seating justices with varied professional experiences, according to a recent report.
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11th Circ. Denies Trump Bid To Revive Clinton, DNC RICO Suit
The Eleventh Circuit on Wednesday upheld the dismissal of President Donald Trump's amended lawsuit alleging a racketeering conspiracy between Hillary Clinton and the Democratic National Committee to derail his 2016 campaign with false accusations of Russian collusion, saying the complaint didn't state any claims.
Expert Analysis
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Series
My Nonpracticing Law Job: Career And Wellness Coach
Tara Rhoades at The Sanity Plea shares how she went from BigLaw partner to legal industry career and wellness coach, and explains how attorneys can use their capabilities, knowledge and professional networks to pursue coaching themselves, or bring refreshed meaning and purpose to their current roles.
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Series
Talking Mental Health: Tackling Stress As A Practice Leader
Constance Rhebergen at Bracewell discusses how she handles the stress of being a practice chair, how sources of stress have changed in the legal industry over the past decade and what law firms can do to protect attorney mental health.
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Making Legal Cents: Engaging A Remote, Evolving Workforce
In the face of a dispersed and changing workforce with Generation Z entering the scene, law firms should consider some practical strategies to revitalize their cultures, provide meaningful mentorship and safeguard their knowledge bases, says Shireen Hilal at Maior Strategic Consulting.
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How Firms Can Effectively Evaluate Their Summer Associates
One of the most effective ways firms can ensure their summer associate programs are a success is by engaging in a timely and meaningful evaluation process and being intentional about when, how and by whom feedback should be provided, say Caroline Cimei and Erica Fine at Shutts & Bowen.
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Series
Talking Mental Health: Life As A Lawyer With OCD
Kelly Hughes at Ogletree discusses what she’s learned in the 14 years since she was diagnosed with obsessive-compulsive disorder, recounting how the experience shaped her law practice, what the legal industry and general public get wrong about the disorder, and how law firms can better support employees who have OCD.
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3 Innovative Ways AI May Be Used In Legal Practice
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly be used by outside counsel to better predict the outcomes of litigation — thus informing legal strategy with greater precision — and by clients to scrutinize invoices and evaluate counsel’s performance, says Ronald Levine at Herrick Feinstein.
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Series
My Nonpracticing Law Job: Librarian
Lisa A. Goodman at Texas A&M University shares how she went from a BigLaw associate who liked to hang out in the firm's law library to director of a law library herself in just over a decade, and provides considerations for anyone interested in pursuing a law librarian career.
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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.