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Courts
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Snapshot: Delaware Judiciary's 2024 Annual Report
A new state judiciary report released this week showed that case filings in the nationally important Delaware Supreme Court and Chancery Court continued to climb last year as lawmakers take steps to ensure that the courts remain the go-to venue for corporate legal disputes.
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Dutch Software Co. Tells 4th Circ. To Pause Trial After Atty DQ
A Dutch software company is taking another stab at delaying its impending trademark trial with an American rival, telling the Fourth Circuit that it should not be forced to proceed after the district court held one of its attorneys in contempt and essentially disqualified him.
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Del. Gov. Nominates New President Judge For Superior Court
Delaware Superior Court Judge Eric M. Davis, who has presided over several high-profile cases in recent years and is one of the court's longest-serving judges, has been nominated by Gov. Matt Meyer to serve as its chief judge and handle administrative duties of the court.
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9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire
A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.
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FCPA 'Purgatory' Frustrates White Collar Bar, Anxious Clients
An abrupt pause in Foreign Corrupt Practices Act enforcement has created tension between clients eager to resolve investigations and their attorneys, who are having trouble reaching decision-makers at the U.S. Department of Justice and are more inclined to await further guidance from the government.
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1st Circ. Denies Gov't Bid To Enforce Funding Freeze
The First Circuit has declined to interfere with a Rhode Island federal judge's order that the government continue releasing federal funds while the Trump administration appeals a ruling blocking its efforts to enforce the freeze.
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Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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Supreme Court Skeptical Of Nixing FCC Subsidy Fund
Conservative justices took aim Wednesday at rising costs in the country's multibillion-dollar phone and broadband subsidy system, questioning whether lawmakers put meaningful limits on the program's growth, but some argued the fund works just like others created by Congress that rely on revenues from industry fees.
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Judge Newman Maintains Fitness Probe Must Be Transferred
Counsel for suspended 97-year-old Federal Circuit Judge Pauline Newman on Wednesday told the D.C. Circuit that its decision to transfer ethics complaints against a senior district court judge, lodged by his own colleagues, supported her contention that her fellow circuit judges shouldn't investigate her fitness to remain on the bench.
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Tesla Can't DQ Calif. Judge Over His Old Firm's Prior Work
A California federal judge has rejected Tesla Inc.'s bid to disqualify him from an accident case over his prior law firm's work on employment cases against the automaker, saying that aside from that the motion was not brought in time.
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Baker McKenzie Partner Joins DOJ Antitrust Leadership Team
The new head of antitrust enforcement at the U.S. Department of Justice has landed a Baker McKenzie partner for her leadership team who previously worked in the office during the administration of Barack Obama.
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New Bill Would Make Supreme Court Televise Future Sessions
The U.S. Supreme Court could conduct oral arguments in front of television cameras for the first time if a bipartisan pair of senators get their way and succeed in passing a new bill that would require the high court's open sessions to be open to the public via video.
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Par Funding's Ex-CEO Gets 15½ Years For Racketeering, Fraud
Par Funding ex-CEO Joseph LaForte was sentenced to 15½ years in prison Wednesday for his role in running a $404 million racketeering conspiracy that prosecutors said involved him bilking the cash advance business's investors and threatening its borrowers with violence if they didn't pay up.
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Ex-Aides Say AG Paxton Acted Like 'Pro Se Litigant' In Fee Fight
Lawyers for Texas Attorney General Ken Paxton's former deputies told a judge on Wednesday that litigating against their ex-boss was "like litigating against a pro se litigant," while defending their bid for hundreds of thousands of dollars in attorney fees.
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State AGs, Bars Urge Attys To Speak Up Over Trump Orders
In a pair of letters released on Wednesday, dozens of bar associations and over 20 state attorneys general urged lawyers to speak out against perceived threats to the rule of law in response to President Donald Trump's recent executive orders against prominent law firms and his call for the impeachment of a federal judge.
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11th Circ. Appears Dubious Of Ex-Judge's Defamation Claims
An Eleventh Circuit panel appeared skeptical Wednesday of former Alabama judge Roy Moore's claims that he was defamed by a Democratic PAC's ad referencing allegations that he made sexual advances on underage girls, suggesting the court could strike an $8 million verdict he won after the charges dragged down his 2017 bid for U.S. Senate.
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DOJ Can't DQ Judge In Perkins Coie Suit Over Trump Order
A D.C. federal judge on Wednesday shot down a demand from the U.S. Department of Justice that she step aside from Perkins Coie LLP's lawsuit against the federal government over President Donald Trump's executive order targeting the firm.
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Even With Few Openings, Courts Can Still Shift Under Trump
There were record low vacancies on the federal bench when Donald Trump took office in January, but the president could still radically alter some courts and swing the judiciary rightward, especially if Congress creates more judgeships during his second tenure.
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Law Professor Proposes Rule Changes To Combat Deepfakes
Federal rules of evidence should specifically cite generative artificial intelligence in addressing potentially compromised admissions during litigation, while determining the authentication of evidence should be left in the hands of judges, according to a report published Monday to the Social Science Research Network.
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Ore. Lawyer Challenges Forced Bar Membership At High Court
An Oregon attorney is asking the U.S. Supreme Court to hear his case after the Ninth Circuit found that the state bar violated his First Amendment right to freedom of association by publishing political statements — which included criticism of President Donald Trump — but also said a disclaimer that the bar doesn't speak for all its members could be enough to fix it.
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Judges Urge Caution Using AI, Even As It's 'Here To Stay'
While the use of artificial intelligence in the legal industry "is here to stay," lawyers must still be mindful of its risks and take appropriate precautions, judges advised at a roundtable Wednesday.
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Trump Admin Asks Justices To End 'Fiscal Micromanagement'
The U.S. Department of Education asked the Supreme Court on Wednesday to vacate a Boston federal judge's order reinstating $250 million in teacher training grants that the Trump administration targeted for cuts, saying the case presents an ideal vehicle to put a stop to "district-court fiscal micromanagement" of the executive branch.
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Goldstein's Devices Must Be Monitored, Judge Affirms
A Maryland federal judge on Tuesday rejected U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein's request to dismiss a bail condition that requires his electronic devices to be monitored out of concerns that he's been hiding millions in cryptocurrency from the government and could flee while facing tax evasion charges.
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Jailed Conn. Atty Should Be Suspended, Ethics Boss Says
Connecticut's Office of Chief Disciplinary Counsel asked a state court to suspend an attorney and former probate judge, who has a history of discipline and is currently in police custody for a pending criminal matter, while a trustee examines whether he has active cases or an attorney trust account.
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Quinn Emanuel Boosts Federal Clerkship Bonus To $175K
Quinn Emanuel Urquhart & Sullivan LLP confirmed Wednesday that it is now offering $175,000 federal clerkship bonuses, plus $25,000 more for those with two qualifying back-to-back clerkships.
Expert Analysis
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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.
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A Model For Optimal Legal Tech Investment Strategy
Legal organizations struggling to work out the right technology investment strategy may benefit from using a matrix for legal department efficiency that is based on an understanding of where workloads belong, according to the basic functions and priorities of a corporate legal team, says Sylvain Magdinier at Integreon.
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Series
My Nonpracticing Law Job: Recruiter
Self-proclaimed "Lawyer Doula" Danielle Thompson at Major Lindsey shares how she went from Columbia Law School graduate and BigLaw employment associate to a career in legal recruiting — and discovered a passion for advocacy along the way.
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Series
Ask A Mentor: How Do I Balance Social Activism With My Job?
Corporate attorneys pursuing social justice causes outside of work should consider eight guidelines for finding equilibrium between their beliefs and their professional duties and reputation, say Diedrick Graham, Debra Friedman and Simeon Brier at Cozen O'Connor.
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Personality Tests And Machine Learning Applications In Law
Mateusz Kulesza at McDonnell Boehnen looks at potential applications of personality testing based on machine learning techniques for law firms, and the implications this shift could have for lawyers, firms and judges, including how it could make the work of judges and other legal decision-makers much more difficult.
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AI Is Reshaping Lawyering: What To Expect In 2024
The future of lawyering is not about the wholesale replacement of attorneys by artificial intelligence, but as AI handles more of the routine legal work, the role of lawyers will evolve to be more strategic, requiring the development of competencies beyond traditional legal skills, says Colin Levy at Malbek.
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Embrace Active Voice In Legal Writing — In Most Cases
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.
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Series
Ask A Mentor: How Can I Help Associates Turn Down Work?
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.
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How AI Legal Research Tools Are Shifting Law Firm Processes
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.
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Data Source Proliferation Is A Growing E-Discovery Challenge
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.