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Courts
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Justices Won't Hear Avenatti Appeal Of Nike Conviction
The U.S. Supreme Court on Tuesday declined to hear an appeal from Michael Avenatti challenging his conviction for trying to extort millions from Nike, with the high court's rejection ending the disbarred attorney's chances at overturning one of his three criminal convictions.
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Feds Push Back At Hunter Biden's 2nd Bid To Ditch Gun Case
Special counsel for the government urged the Third Circuit to deny Hunter Biden's second attempt to appeal a Delaware federal judge's refusal to dismiss his felony firearm charges, stating Biden's interpretation of guiding precedent would "swallow the final judgment rule whole."
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Approach The Bench: Judge Humetewa Talks Tribal Relations
Before she joined the federal bench in Arizona, Judge Diane Humetewa worked as a jurist on a relatively young court, where she regularly set new legal precedent.
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Gorsuch Unhappy Court Won't Rethink Jury Size Precedent
In a strongly worded dissent Tuesday, Justice Neil Gorsuch said the U.S. Supreme Court needs to rethink precedent that "made the unthinkable a reality" by permitting juries of fewer than 12 people to decide cases involving serious criminal offenses.
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Serial Numbers Tie Gold Bars To Menendez, Jury Hears
The executive assistant of a New Jersey real estate developer on trial alongside U.S. Sen. Robert Menendez linked her boss to some of the gold bars found in the congressman's New Jersey home, confirming Tuesday that the serial numbers of her employer's stash of bars matched the ones stamped on the flashy evidence.
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Justices Will Review EPA's 'Vague' SF Water Pollution Regs
The U.S. Supreme Court on Tuesday agreed to review the U.S. Environmental Protection Agency's decision to set "vague" and "generic" pollution prohibitions for San Francisco, as opposed to numerical standards.
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5 Themes That Could Determine Trump's NY Criminal Trial
With closing arguments set for Tuesday morning in Donald Trump's New York hush money case and deliberations on the horizon, here's a look at the themes that have dominated the historic, monthlong trial so far.
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Fla. Bar Seeks Longer Penalty Over Atty's Campaign Speech
In a notice filed with the Florida Supreme Court on Wednesday, the Florida Bar said it would seek a 91-day suspension for Georgia-based attorney Christopher W. Crowley, rather than a recommended 60-day suspension after a referee said Crowley disparaged Amira Fox several times when both were running for 20th Judicial Circuit state attorney.
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Carhartt Heiress Atty Can't Get Mistrial Over Own Witness
A Michigan attorney can't get a mistrial in a criminal case accusing him of embezzling millions from his wealthy Carhartt heiress client after his own witness discussed the heiress' $37 million potential loss during cross-examination, with a state judge saying Friday he was mystified why the witness was even called but that the defense had insisted on it.
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Petition Watch: Forum Shopping, Monopolies & Gun Safety
Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.
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Alec Baldwin Must Face 'Rust' Shooting Charges
A New Mexico state judge on Friday denied Alec Baldwin's motion to dismiss his indictment on involuntary manslaughter charges in the fatal on-set shooting of a cinematographer during the filming of "Rust" in Santa Fe, rejecting the actor's claims of prosecutorial misconduct before the grand jury.
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Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
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Meet Biden's Latest Pennsylvania Picks For District Court
President Joe Biden has continued his trend of nominating public defenders to the federal bench, this time selecting two longtime defense attorneys to occupy vacancies in Pennsylvania.
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Ga. Appeals Seat Winner Faces Challenge Over Residency
A Georgia attorney is looking to pause the certification of Tuesday's election win by a onetime state bar leader for a Georgia Court of Appeals seat, arguing that he lied about his Atlanta residence when he qualified to run for the judgeship since he allegedly lived in Tennessee.
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Sullivan & Cromwell Cleared Of Any Misconduct In FTX Report
The Chapter 11 examiner appointed in the bankruptcy case of fallen cryptocurrency exchange FTX Trading absolved debtor law firm Sullivan & Cromwell of any conflicts or misconduct related to the business's collapse and restructuring, recommending limited further investigations into discrete matters.
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Exiled Chinese Businessman Is No $1B Fraudster, Jury Told
Exiled Chinese businessman and purported billionaire Guo Wengui ran legitimate companies in support of a broad movement that opposed the Chinese Communist Party, his attorney told a Manhattan federal jury Friday, rather than what prosecutors say was a multifaceted $1 billion fraud.
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Alito Flag Displays 'Improper' And 'Dumb,' District Judge Says
A Massachusetts federal judge is calling out U.S. Supreme Court Justice Samuel Alito for controversial flags reportedly seen flying outside his homes, saying such actions erode public trust in the courts.
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Calif. Judge Gets 2nd Reprimand After Calling Atty 'Snake Oil'
For the second time in his judicial career, a California state judge has been publicly admonished for misconduct on the bench, most recently for referring to a public defender as "snake oil" in a criminal case and for "usurping the role of prosecutor" in another trial that was later overturned because of the judge's conduct.
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The Supreme Court's Week: By The Numbers
The justices issued three rulings this week, including a unanimous one about arbitrability in a case involving a cryptocurrency exchange, and divided ones concerning racial gerrymandering and sentencing enhancements for those with drug convictions. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
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Weinstein Atty Trying To Chill Retrial Testimony, DA Says
The Manhattan District Attorney's Office has argued that a lawyer for Harvey Weinstein violated ethics rules by publicly accusing one of the movie mogul's alleged rape victims of perjury in an "obvious" attempt to dissuade her from testifying again at an upcoming retrial.
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Alabama Judge Says Attys Subverted Plumbing Defect Deal
In an effort to safeguard the due process rights of hundreds of homeowners, an Alabama federal judge has tossed out more than 300 settlement class "opt-outs" and partially reopened the objection period in a product liability suit, determining that outside attorneys repeatedly misled clients regarding the pending settlement, leading to the numerous exclusion requests.
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NC Bill Will Let Attys Expunge Discipline Records
The North Carolina Senate approved a measure Thursday that would allow attorneys to clear certain disciplinary actions from their professional records, along with other changes to the Tar Heel State's lawyer ethics process.
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'Legendary' Former NJ Justice Handler Dies At 92
Retired Associate Justice Alan B. Handler, who served on the New Jersey Supreme Court from 1977 to 1999, died Thursday at 92, Law360 has learned.
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Ex-DOJ Atty Clark Says He Was Denied A Fair Ethics Hearing
Former Justice Department official Jeffrey Clark was denied a fair hearing in his Washington, D.C., ethics case and should not face punishment, he told an attorney disciplinary committee in a Thursday filing.
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Fulton DA Appeals Nixing Of Six Counts In Ga. Elections Case
The Fulton County District Attorney's Office said it is appealing a ruling that dismissed six counts from the Georgia election interference indictment of former President Donald Trump and his co-defendants.
Expert Analysis
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Series
Ask A Mentor: How Can I Successfully Switch Practices?
Associates who pivot into new practice areas may find that along with the excitement of a fresh start comes some apprehension, but certain proactive steps can help tame anxiety and ensure attorneys successfully adapt to unfamiliar subjects, novel internal processes and different client deliverables, say Susan Berson and Hassan Shaikh at Mintz.
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A Road Map For Creating Law Firm Sustainability Programs
Amid demands from clients and prospective hires for greater sustainability efforts, law firms should think beyond reusable mugs and create programs that incorporate clear leadership structures, emission tracking and reduction goals, and frameworks for reporting results, says Gayatri Joshi at the Law Firm Sustainability Network.
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Why Firms Should Help Associates Do More Pro Bono Work
Associates may hesitate to take on the added commitment of pro bono matters, but such work has tangible skill-building benefits, so firms should consider compensation and leadership strategies to encourage participation, says Rasmeet Chahil at Lowenstein Sandler.
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Confronting The Stigma Of Alcohol Abuse In Legal Industry
The pandemic has likely exacerbated the prevalence of problem drinking in the legal profession, making it critical for lawyers and educators to address alcohol abuse and the associated stigma through issue-specific education, supportive assistance and alcohol-free professional events, says Erica Grigg at the Texas Lawyers' Assistance Program.
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Opinion
Lawyers Have Duty To Push For Immigration Court Reform
Attorneys must use their collective voice to urge federal lawmakers to create an Article I immigration court outside executive branch control, helping address the conflicts of interest, political influence and lack of adjudication consistency that prevent migrants from achieving true justice, say Elia Diaz-Yaeger and Carlos Bollar at the Hispanic National Bar Association.
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Series
Ask A Mentor: How Can 1st-Year Attys Manage Remote Work?
First-year associates can have a hard time building relationships with colleagues, setting boundaries and prioritizing work-life balance in a remote work environment, so they must be sure to lean on their firms' support systems and practice good time management, say Jenny Lee and Christopher Fernandez at Kirkland.
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5 Ways To Lead Lawyer Teams Toward Better Mental Health
Attorney team leaders have a duty to attend to the mental well-being of their subordinates with intention, thought and candor — starting with ensuring their own mental health is in order, says Liam Montgomery at Williams & Connolly.
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How Your Summer Associate Events Can Convey Inclusivity
As law firms begin planning next year's summer associate events, they should carefully examine how choice of venue, activity, theme, attendees and formality can create feelings of exclusion for minority associates, and consider changing the status quo to create multiculturally inclusive events, says Sharon Jones at Jones Diversity.
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Series
Ask A Mentor: How Do I Negotiate Long-Term Flex Work?
Though the pandemic has shown the value of remote work, many firms are still reluctant to embrace flexible working arrangements when offices reopen, so attorneys should use several negotiating tactics to secure a long-term remote or hybrid work setup that also protects their potential for career advancement, says Elaine Spector at Harrity & Harrity.
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What I Wish Law Schools Taught Women About Legal Careers
Instead of spending an entire semester on 19th century hunting rights, I wish law schools would facilitate honest discussions about what it’s like to navigate life as an attorney, woman and mother, and offer lessons on business marketing that transcend golf outings and social mixers, says Daphne Delvaux at Gruenberg Law.
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4 Ways To Break Down Barriers For Women Of Color In Law
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Female lawyers belonging to minority groups continue to be paid less and promoted less than their male counterparts, so law firms and corporate legal departments must stop treating women as a monolithic group and create initiatives that address the unique barriers women of color face, say Daphne Turpin Forbes at Microsoft and Linda Chanow at the Institute for Inclusion in the Legal Profession.
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Opinion
We Need More Professional Diversity In The Federal Judiciary
With the current overrepresentation of former corporate lawyers on the federal bench, the Biden administration must prioritize professional diversity in judicial nominations and consider lawyers who have represented workers, consumers and patients, says Navan Ward, president of the American Association for Justice.
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Series
Ask A Mentor: How Do I Retire Without Creating Chaos?
Retired attorney Vernon Winters explains how lawyers can thoughtfully transition into retirement while protecting their firms’ interests and allaying clients' fears, with varying approaches that turn on the nature of one's practice, client relationships and law firm management.
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Why I Went From Litigator To Law Firm Diversity Officer
Narges Kakalia at Mintz recounts her journey from litigation partner to director of diversity, equity and inclusion at the firm, explaining how the challenges she faced as a female lawyer of color shaped her transition and why attorneys’ unique skill sets make them well suited for diversity leadership roles.
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For Asian American Lawyers, Good Mentorship Is Crucial
Navigating the legal world as an Asian American lawyer comes with unique challenges — from cultural stereotypes to a perceived lack of leadership skills — but finding good mentors and treating mentorship as a two-way street can help junior lawyers overcome some of the hurdles and excel, say attorneys at Paul Weiss.