Courts

  • 4th Circ. Finds Judge Appointment Legit In Black Lung Case

    The Fourth Circuit ruled that an administrative law judge who presided over a black lung benefits case was properly reappointed by the U.S. Department of Labor, rejecting Dominion Coal Corp.'s contention that his seating violated the Constitution's appointments clause.

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    If High Court Upends Jan. 6 Conviction, What Happens Next?

    If the U.S. Supreme Court decides prosecutors overstepped by charging a rioter who stormed the Capitol with obstruction, the results will likely be mixed for hundreds of other defendants charged with the same crime, particularly those who have been convicted. That post-appeal uncertainty is nothing new, defense attorneys say.

  • 11th Circ. 'Emphatically' Upholds JCPenney's Sanctions Win

    The Eleventh Circuit has affirmed a $63,000 sanction against an Alabama shopping mall amid its lease dispute with JCPenney, finding that the mall acted in bad faith by not notifying the court of a lack of diversity jurisdiction, eventually sinking the case — only after JCPenney won partial summary judgment and a later mediation failed.

  • Feds Try To Bar Psychiatrist's Testimony From Menendez Trial

    Prosecutors have urged a Manhattan federal judge to bar U.S. Sen. Bob Menendez from introducing expert testimony at his upcoming bribery trial that he lived frugally and that his family's escape from an autocratic Cuban regime led him to develop a "fear of scarcity" and store large amounts of cash at home.

  • Feds Want Prison For Ex-Public Defender For Tax Fraud

    A former chief public defender in Minneapolis who in seeking leniency said he resigned in disgrace amid accusations that he failed to pay taxes for years on his private law firm should nonetheless spend eight months in prison after pleading guilty, prosecutors told a Minnesota federal court.

  • Schumer Reups Call For His Judge Shopping Bill

    U.S. Senate Majority Leader Chuck Schumer, D-N.Y., said Thursday that a suit filed in a controversial Texas court challenging a new firearms policy from the Biden administration underscores the need for his bill to restrict so-called "judge shopping."

  • 2nd Circ. To Weigh Court's Role In Bermuda Arbitration Row

    The Second Circuit will review Wednesday whether a New York federal court has the authority to remove an allegedly biased arbitrator in a Bermuda reinsurance arbitration, addressing the question of the federal court's limited role in international arbitration. Here, Law360 breaks down the case in advance of oral arguments.

  • Eastman Denied Stay Of Inactive Status To 'Safeguard' Public

    A State Bar Court of California judge on Wednesday denied a request from Donald Trump's onetime attorney John Eastman to delay placing him on inactive enrollment while he appeals the recommendation for his disbarment, saying he hasn't shown that "he no longer presents a threat to the public."

  • NY Lawmakers Call For Cop-Shoving Judge's Replacement

    New York State Senate Judiciary Committee members said that either the governor or senate should ensure Justice Mark Grisanti is ousted after an ethics panel opted not to remove the Buffalo judge who brawled with neighbors, shoved a cop and invoked his ties to power, among other unethical behavior.

  • Trump's Firm Can't Yet Withdraw After Atty-Client 'Breakdown'

    A Manhattan federal judge won't yet allow the attorneys representing Donald Trump's campaign to withdraw from a pregnancy retaliation suit brought by a former campaign aide over what they called an "irreparable breakdown in the attorney-client relationship," but on Wednesday set a conference to review the request behind closed doors.

  • Fed. Judge's Handcuffing Of Girl Was Misconduct, Panel Says

    The Judicial Council of the Ninth Circuit found Wednesday that a California federal judge who ordered a crying 13-year-old girl in his courtroom be handcuffed engaged in judicial misconduct, issuing a reprimand for his actions and ordering that the judge not be assigned new criminal cases for three years.

  • Median Patent Damages Awards Are Shrinking

    A New York accounting firm that provides damages experts for intellectual property cases has found in a new study that median damages awards in patent cases have declined over the last 15 years.

  • NJ Judge Kugler Retiring From Federal Bench At Month's End

    Senior U.S. District Judge Robert B. Kugler will step down from the New Jersey federal bench at the end of the month, concluding nearly 22 years there, Law360 has learned.

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    Ex-BCLP Atty From Pro Bono Nonprofit Named Atlanta Judge

    Atlanta Mayor Andre Dickens has named the co-director of the Safe and Stable Homes Project at Atlanta Volunteer Lawyers Foundation to serve as a judge in Georgia's largest municipal court.

  • Kramer Levin Boosts Appellate, Litigation Team With DOJ Atty

    Kramer Levin Naftalis & Frankel LLP has hired an appellate attorney from the U.S. Department of Justice, who joins the firm's litigation department as partner and will also serve as deputy chair of the firm's U.S. Supreme Court and appellate litigation practice, the firm announced Wednesday.

  • Kirkland Rips 'Tortured' Theory In Texas Judge Romance Suit

    Kirkland & Ellis LLP's inclusion in a Texas federal suit accusing it of conspiring with Jackson Walker LLP, a disgraced Texas bankruptcy judge and a former Jackson Walker partner who was his romantic partner to oust a CEO is based on "a tortured theory" and "flimsy facts," the firm declared.

  • In Trump Staredown With NY Judge, 'Somebody Has To Blink'

    Experts say Donald Trump will likely continue to ignore warnings from the court, and possibly his own attorneys, as his Manhattan hush money trial resumes Thursday with a fresh set of arguments over the presumptive Republican presidential nominee's out-of-court statements.

  • NC Lawmakers Seek $231M Boost For Retired Judges, Others

    North Carolina legislators offered Wednesday a $231 million proposal to raise the retirement benefits for judicial and other former state workers, framing it as a cost-of-living adjustment that would become effective July 1.

  • Federal Prosecutor Confirmed As Illinois District Judge

    The Senate voted 54-44 on Wednesday to confirm Assistant U.S. Attorney Georgia N. Alexakis as a U.S. District Court judge for the Northern District of Illinois.

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    Ex-FDIC Atty Gets 20-Year Sentence In Child Exploitation Case

    A former attorney with the Federal Deposit Insurance Corp. who admitted to participating in online groups aimed at sexually exploiting children has been sentenced to 20 years in prison.

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    Yoga Lawyer: A Way of Being In The (Legal) World

    More than a decade ago, a stressful job and a pile of physical ailments prompted attorney Cindy Pensoneau to take a deep dive into yoga. Today, she continues to work as both a lawyer and as a yoga teacher, illustrating the growing role that the ancient mind-body practice can play in improving attorney mental health.

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    GCs Help Companies Close The Gap On Mental Health Efforts

    While they wait for their companies to implement more wellness policies that reach the root causes of employees’ stress and burnout, some general counsel and chief legal officers are filling the gap to help their law teams feel more supported.

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    Here's Why This GC Went Public With Her Bipolar Diagnosis

    Kelly Rentzel, who has held several general counsel positions throughout her career, largely credits her law degree for giving her the confidence to talk publicly about her bipolar diagnosis — which is something she had contemplated for two decades before taking the initial steps that ultimately led her to a lectern.

  • Justices Told Error Admission Merits Respect In Capital Case

    Attorneys general from across the country implored the U.S. Supreme Court on Tuesday to give the "utmost" deference to Oklahoma's confession that prosecutorial misconduct led to the wrongful conviction of a death row inmate and to overturn a state court ruling that rebuffed the admission and upheld the conviction.

  • Atty Tells Trump Jury That Hush Money Deal Almost Tanked

    An attorney who previously represented adult film star Stormy Daniels told jurors Tuesday in the New York criminal trial of Donald Trump about how the $130,000 hush money agreement at the heart of the case was nearly derailed after former Trump lawyer Michael Cohen would not close the deal.

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Expert Analysis

  • Embrace Active Voice In Legal Writing — In Most Cases Author Photo

    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.

  • Series

    Ask A Mentor: How Can I Help Associates Turn Down Work? Author Photo

    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.

  • How AI Legal Research Tools Are Shifting Law Firm Processes Author Photo

    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.

  • Data Source Proliferation Is A Growing E-Discovery Challenge Author Photo

    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.

  • Bracing For A Generative AI Revolution In Law Author Photo

    With many legal professionals starting to explore practical uses of generative artificial intelligence in areas such as research, discovery and legal document development, the fundamental principle of human oversight cannot be underscored enough for it to be successful, say Ty Dedmon at Bradley Arant and Paige Hunt at Lighthouse.

  • Why I Use ChatGPT To Tell Me Things I Already Know Author Photo

    The legal profession is among the most hesitant to adopt ChatGPT because of its proclivity to provide false information as if it were true, but in a wide variety of situations, lawyers can still be aided by information that is only in the right ballpark, says Robert Plotkin at Blueshift IP.

  • Series

    Ask A Mentor: How Can I Use Social Media Responsibly? Author Photo

    Leah Kelman at Herrick Feinstein discusses the importance of reasoned judgment and thoughtful process when it comes to newly admitted attorneys' social media use.

  • Yada, Yada, Yada: The Magic Of 3 In Legal Writing Author Photo

    Attorneys should take a cue from U.S. Supreme Court justices and boil their arguments down to three points in their legal briefs and oral advocacy, as the number three is significant in the way we process information, says Diana Simon at University of Arizona.

  • How Firms Can Stop Playing Whack-A-Mole With Data Security Author Photo

    In order to achieve a robust client data protection posture, law firms should focus on adopting a risk-based approach to security, which can be done by assessing gaps, using that data to gain leadership buy-in for the needed changes, and adopting a dynamic and layered approach, says John Smith at Conversant Group.

  • 5 Life Lessons From Making Partner As A Solo Parent Author Photo

    Laranda Walker at Susman Godfrey, who was raising two small children and working her way to partner when she suddenly lost her husband, shares what fighting to keep her career on track taught her about accepting help, balancing work and family, and discovering new reserves of inner strength.

  • Series

    Ask A Mentor: How Can I Turn Deferral To My Advantage? Author Photo

    Diana Leiden at Winston & Strawn discusses how first-year associates whose law firm start dates have been deferred can use the downtime to hone their skills, help their communities, and focus on returning to BigLaw with valuable contacts and out-of-the-box insights.

  • Resume Gaps Are No Longer Kryptonite To Your Legal Career Author Photo

    Female attorneys and others who pause their careers for a few years will find that gaps in work history are increasingly acceptable among legal employers, meaning with some networking, retraining and a few other strategies, lawyers can successfully reenter the workforce, says Jill Backer at Ave Maria School of Law.

  • Law Firm Guardrails For Responsible Generative AI Use Author Photo

    ChatGPT and other generative artificial intelligence tools pose significant risks to the integrity of legal work, but the key for law firms is not to ban these tools, but to implement them responsibly and with appropriate safeguards, say Natalie Pierce and Stephanie Goutos at Gunderson Dettmer.

  • Opinion

    We Must Continue DEI Efforts Despite High Court Headwinds Author Photo

    Though the U.S. Supreme Court recently struck down affirmative action in higher education, law firms and their clients must keep up the legal industry’s recent momentum advancing diversity, equity and inclusion in the profession in order to help achieve a just and prosperous society for all, says Angela Winfield at the Law School Admission Council.

  • Law Firms Cannot Ignore Attorneys' Personal Cybersecurity Author Photo

    Law firms that fail to consider their attorneys' online habits away from work are not using their best efforts to protect client information and are simplifying the job of plaintiffs attorneys in the case of a breach, say Mark Hurley and Carmine Cicalese at Digital Privacy and Protection.

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