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Courts
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Former Deputy Counsel To NY Governor Joins Barclay Damon
Pei Pei Cheng de Castro, former deputy counsel to New York Gov. Kathy Hochul, has joined Barclay Damon in its New York City office, the firm announced Tuesday.
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A New Take On 'Presumed Innocent' With Scott Turow
A staple of the legal thriller genre for nearly 40 years, Scott Turow’s bestselling novel and blockbuster movie "Presumed Innocent" returned to the screen this year as an eight-episode miniseries on Apple. In a spoiler-free conversation with Law360, the author discusses evolving his characters for their television debut and the lasting legacy of his most famous work.
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Calif. Judges Cautioned About Recall, Election Comments
The California Supreme Court Committee on Judicial Ethics Opinions is cautioning judges about making comments concerning pending proceedings or decisions that come under fire during a campaign or recall effort, saying such comments can impact the public's perception of judicial integrity.
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BP Malpractice Deal Needs Work, 5th Circ. Says
The Fifth Circuit scrapped a legal malpractice settlement in a consolidated lawsuit alleging attorneys were negligent in representing plaintiffs seeking compensation following the BP Deepwater Horizon oil spill, with a panel finding the terms were not mutually agreed upon.
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Quinn, Jenner Attys Tapped For Trump Shooting Inquiry
The Republican staff on the newly formed bipartisan task force to investigate the assassination attempt of former President Donald Trump includes Capitol Hill and legal veterans, among them attorneys from Quinn Emanuel Urquhart & Sullivan LLP and Jenner & Block LLP.
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Logistics Co. CEO Denies Role In NJ Racketeering Scheme
The chief executive officer of logistics firm NFI Industries on Wednesday denied that he played a role in an alleged scheme led by a New Jersey power broker accused of reaping millions in tax credits by using extortion to acquire waterfront property in the distressed city of Camden.
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Seattle Atty, Judge Lead Contested Wash. State Justice Race
A Seattle attorney and a municipal judge were leading late Tuesday in a four-way primary race for a contested seat on the Washington State Supreme Court.
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Girardi Used Client Funds As 'Personal Piggy Bank,' Jury Told
The prosecution and defense painted starkly different portraits of Tom Girardi during opening statements Tuesday in the disbarred attorney's criminal fraud trial, with a California federal prosecutor saying Girardi stole millions from vulnerable clients while his lawyer described him as an "old man" losing his memory and exploited by an underling.
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Possible Juror Naps Don't Tank Conviction, Conn. Justices Rule
A man's murder conviction and 65-year prison sentence will stand despite his protests that the trial judge should have intervened more strongly when a juror seemed to fall asleep several times on the first day of testimony, the Connecticut Supreme Court ruled Tuesday.
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Ex-Judge Jones, Jackson Walker To Defend Meeting
Former U.S. Bankruptcy Judge David R. Jones and Jackson Walker LLP will have to explain during a hearing Wednesday why they had an "off-the-record" conversation with each other in July, as a messy court case stemming from Jones' secret romance with a onetime lawyer at the firm hits several hurdles during discovery.
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McBurney Steps Down From Ga. Judicial Watchdog Panel
Fulton County Superior Court Judge Robert C.I. McBurney is stepping down as head of Georgia's Judicial Qualifications Commission hearing panel and will be replaced by Georgia Court of Appeals Judge Brian Rickman, the Georgia Supreme Court said Tuesday.
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39 Law Firms Call On 6th Circ. To Reverse FirstEnergy Ruling
Dozens of law firms have signed on to an amicus curiae brief urging the Sixth Circuit to reverse a decision in a FirstEnergy shareholder litigation, the latest voices in the legal, insurance and business communities to call on the appellate court to reverse an Ohio federal judge's ruling they warn will threaten attorney-client privilege.
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Former Judge's Misconduct May Spark Fights Over Conflicts
Many of the defendants in criminal cases presided over by disgraced District of Alaska Judge Joshua Kindred could try to have their convictions or sentences overturned due to the judge's allegedly inappropriate relationships with attorneys, with ethics experts saying such attempts could prove successful but also challenging.
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'Rust' Prosecutor Says Confused Judge Tossed Baldwin Case
A New Mexico prosecutor has denied hiding exculpatory evidence or lying under oath during Alec Baldwin's botched trial in the "Rust" shooting, contending in a court filing that a confused judge wrongly threw out involuntary manslaughter charges against the actor.
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Fla. Judicial Ethics Panel Sets Parameters For Elections
Florida's Judicial Ethics Advisory Committee has handed down a pair of opinions for judges navigating elections involving a judicial assistant and a judge's spouse.
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ABA Tells States To Nix Rape Disclosures For Bar Applicants
The American Bar Association unanimously passed a resolution Tuesday that calls on state admission authorities to stop asking would-be lawyers to disclose their experiences of sexual violence and harassment during the attorney licensure process.
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Feds Say Marathon Bomber Can't Oust Judge Amid Retrial Bid
Federal prosecutors said lawyers for Boston Marathon bomber Dzhokhar Tsarnaev misconstrued a local rule in seeking a different judge to consider his bid for a new sentencing trial.
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5th Circ. Finds No Misconduct In Judges' Columbia Boycott
Eight federal judges did not violate ethical rules or standards when they decided earlier this year not to hire alumni of Columbia University or its law school as clerks in response to its handling of student protests over the Israeli-Palestinian conflict, the Fifth Circuit Judicial Council decided Friday.
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Justices Reject Missouri's Bid To Block Trump's NY Gag Order
The U.S. Supreme Court rejected on Monday an effort by Missouri's Republican attorney general to lift convicted former President Donald Trump's gag order on First Amendment grounds and delay sentencing in his New York criminal hush money case until after the general election.
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New Colo. Chief Justice Angles For More Judges
Colorado Chief Justice Monica M. Márquez said Monday she is preparing to ask state lawmakers for more money to expand the state court bench, including possible additions to the intermediate court of appeals, which a National Center for State Courts report found is understaffed.
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Del. Court Declines To Reopen Biden Documents Case
Delaware's Superior Court on Monday declined to reopen litigation from two conservative organizations that sued for access to a trove of documents U.S. President Joe Biden donated to the University of Delaware in 2012, concluding that newly discovered evidence wasn't relevant enough to change the case.
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Deficient Defense Warrants New Trial, Mich. Panel Says
A split Michigan appellate panel has given a second chance at trial to a man accused of evading and resisting arrest, with judges finding his defense counsel was deficient in his first trial — failing to object to prosecutors' presentation of an unredacted warrant and assertion he is "a criminal."
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Girardi's Defense May Stand On His Deteriorating Mind
Although a federal judge ruled disbarred lawyer Tom Girardi mentally competent to stand trial this month for wire fraud, the 85-year-old's defense team may use his dementia diagnosis to attack prosecutors' allegations he knowingly and intentionally stole millions of dollars from his clients, experts said.
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With Death Of 1st Black Justice, NJ 'Lost One Of Its Treasures'
James H. Coleman Jr., a sharecropper's son who rose to become New Jersey's first Black state Supreme Court justice, first Black Appellate Division judge and a force for civil rights in the Garden State, has died, according to a Sunday announcement.
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Atlanta, County Say Cops' Firing Claims 'Rife With Conjecture'
Fulton County, Georgia, and the city of Atlanta are urging the Eleventh Circuit to reject the "unadorned conspiracy theories" of two police officers who allege they were wrongly fired and arrested over their widely publicized shooting of a Black man in the city in the summer of 2020.
Expert Analysis
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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.
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Bracing For A Generative AI Revolution In Law
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.
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Why I Use ChatGPT To Tell Me Things I Already Know
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.
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Series
Ask A Mentor: How Can I Use Social Media Responsibly?
Leah Kelman at Herrick Feinstein discusses the importance of reasoned judgment and thoughtful process when it comes to newly admitted attorneys' social media use.
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Yada, Yada, Yada: The Magic Of 3 In Legal Writing
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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.
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How Firms Can Stop Playing Whack-A-Mole With Data Security
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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.