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Courts
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Ethics, Military Orgs. Back Review Of Judge's Non-Recusal
An ethics institute at the University of Pennsylvania and a military justice organization told the U.S. Supreme Court on Thursday that a D.C. Circuit judge deprived a former al-Qaida member of a fair hearing when the judge did not recuse himself from the Guantanamo detainee's appeal.
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No Damages For Native Americans In State Prison
A group of Native Americans is not entitled to millions in compensation for wrongful prosecution and incarceration in state prison, a Federal Circuit panel said, finding that the group's arguments that provisions of two 19th century self-government rights' treaties as "money-mandating" are unpersuasive.
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Suspended Detroit Judge Running To Get Her Seat Back
A Detroit judge suspended by the Michigan Supreme Court for "repeated, deliberate misconduct" is running for an open judicial seat at her former court in the August primary election.
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Split 10th Circ. Spikes $17.3M Atty Fee Over Class Notice
A split Tenth Circuit panel has vacated for a second time a $17.3 million attorney fee award for reaching a $52 million class action settlement over gas well royalty payments, with the majority writing that the lower court erred by not requiring a new class notice regarding the revised fee bid.
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NJ Gov. Backs Letting Ex-Incarcerated Sit On Juries
New Jersey Gov. Phil Murphy said Wednesday that his administration is supporting efforts to restore the right to people who were previously incarcerated to serve on juries, according to an announcement by the governor's office.
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Coverage Recap: Day 6 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day six.
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Rules Against Judge Shopping Move Forward At Fed Agency
Federal appellate courts should review most government agency actions, and cases involving those actions that wind up in district courts should be subject to district-wide assignment to avoid judge shopping, according to recommendations approved Thursday by a committee of the federal agency charged with improving government rulemaking.
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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.
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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.
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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.
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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.
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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."
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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.
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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."
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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.
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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.
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Fed. Judge's Handcuffing Of Girl Was Misconduct, Panel Says
The Judicial Council of the Ninth Circuit found Wednesday that a California federal judge engaged in judicial misconduct when he ordered that a crying 13-year-old girl in his courtroom be handcuffed, issuing a reprimand for his actions and ordering that the judge not be assigned new criminal cases for three years.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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How Firms Can Benefit From Creating Their Own ALSPs
As more law firms develop their own legal services centers to serve as both a source of flexible personnel and technological innovation, they can further enhance the effectiveness by fostering a consistent and cohesive team and allowing for experimentation with new technologies from an established baseline, say attorneys at Hogan Lovells.
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Modernizing Legal Education Through Hybrid JD Programs
Amid pandemic-era shifts in education, law schools and other stakeholders should consider the wide geographic and demographic reach of Juris Doctor programs with both online and in-person learning options, and educators should think through the various ways hybrid programs can be structured, says Stephen Burnett at All Campus.
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How BigLaw Can Mirror Small Firm Attorney Engagement
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BigLaw has the unique opportunity to hit refresh post-pandemic and enhance attorney satisfaction by adopting practices that smaller firms naturally employ — including work assignment policies that can provide junior attorneys steady professional development, says Michelle Genet Bernstein at Mark Migdal.
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Ditch The Annual Review To Boost Attorney Job Satisfaction
In order to attract and retain the rising millennial generation's star talent, law firms should break free of the annual review system and train lawyers of all seniority levels to solicit and share frequent and informal feedback, says Betsy Miller at Cohen Milstein.
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How Attorneys Can Narrow LGBTQ Gap In The Judiciary
Lawyers can take several steps to redress the lack of adequate LGBTQ representation on the bench and its devastating impact on litigants and counsel in the community, says Janice Grubin, co-chair of the Judiciary Committee at the LGBT Bar Association of Greater New York.
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Employers Must Heed Rising Attorney Stress And Alcohol Use
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Krill Strategies’ Patrick Krill, who co-authored a new study that revealed alarming levels of stress, hazardous drinking and associated gender disparities among practicing attorneys, highlights how legal employers can confront the underlying risk factors as both warnings and opportunities in the post-COVID-19 era.
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Lawyers Can Get Ready For Space Law To Take Flight
While international agreements for space law have remained relatively unchanged since their creation decades ago, the rapid pace of change in U.S. laws and policies is creating opportunities for both new and veteran lawyers looking to break into this exciting realm, in either the private sector or government, says Michael Dodge at the University of North Dakota.
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Series
Ask A Mentor: What Makes A Successful Summer Associate?
Navigating a few densely packed weeks at a law firm can be daunting for summer associates, but those who are prepared to seize opportunities and not afraid to ask questions will be set up for success, says Julie Crisp at Latham.
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How To Successfully Market Your Summer Associate Program
Law firms can attract the right summer associate candidates and help students see what makes a program unique by using carefully crafted messaging and choosing the best ambassadors to deliver it, says Tamara McClatchey, director of career services at the University of Chicago Law School.
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Opinion
Judges Deserve Congress' Commitment To Their Safety.jpg)
Following the tragic attack on U.S. District Judge Esther Salas' family last summer and amid rising threats against the judiciary, legislation protecting federal judges' personal information and enhancing security measures at courthouses is urgently needed, says U.S. District Judge Roslynn Mauskopf, director of the Administrative Office of the U.S. Courts.
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Series
Ask A Mentor: How Can Recalcitrant Attys Use Social Media?
Social media can be intimidating for reluctant lawyers but it can also be richly rewarding, as long as attorneys remember that professional accounts will always reflect on their firms and colleagues, and follow some best practices to avoid embarrassment, says Sean Marotta at Hogan Lovells.
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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.