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Courts
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Justices Told Presidential Firing Limits Rely On 'Soured' Logic
President Donald Trump and a cadre of supporters have urged the U.S. Supreme Court to wipe out what remains of a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, arguing the decision was flawed when originally issued and is now well past its prime.
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Judge Shields Migrants From ICE After Courthouse Arrests
A California federal judge on Thursday barred U.S. Immigration and Customs Enforcement from detaining two asylum-seeking mothers without notice and a hearing, ruling the agency's courthouse arrest tactics likely violate due process.
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Judge Rejects Bid To DQ Wash. Atty In Her County Bias Suit
A Seattle federal judge won't bar an attorney from representing herself in a racial discrimination lawsuit accusing a Washington county of sidelining her from hearing certain cases during her tenure as a part-time judge, rejecting the defense's claims of a conflict of interest.
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How Outgoing Conn. Justice Alexander Has Left Her Mark
As Connecticut Supreme Court Justice Joan K. Alexander gears up to leave the bench for a new position as the state judiciary’s top administrator next month, Law360 Pulse takes a look at some of her biggest opinions during her time on the state’s high court.
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Many NY Trial Judges Elevated In Secret, Report Finds
Hundreds of New York state judges are permanently elevated to top trial courts via a secretive appointment process, according to a report released Thursday.
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Kendall Brill Adds Ex-Prosecutor Who Quit Over Plea Deal
Kendall Brill & Kelly LLP has added a former federal prosecutor in California who resigned earlier this year after her objection to a proposed plea deal for a convicted sheriff's deputy, the firm has announced.
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Covington Boosts DC Bench With Ex-Gov't Contracts Judge
Covington & Burling LLP has fortified its government contracts practice with an of counsel in Washington, D.C., who previously served as an administrative judge with the Armed Services Board of Contract Appeals and who currently serves as a colonel in the U.S. Army Reserve.
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US Attorney Nominations For Missouri And Indiana Advance
The Senate Judiciary Committee voted to approve, along party lines, two U.S. attorney nominees for Missouri and Indiana on Thursday.
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ABA Says Attys Must Be Clear About Neutrality In Mediations
Attorneys who agree to work as neutral, third-party mediators must make it explicitly clear that they are not advising or holding privilege with participants, the American Bar Association has warned in its latest ethics opinion.
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Goldstein Can't Dismiss 2016 Tax Charges As Time-Barred
A Maryland federal judge denied SCOTUSblog co-founder Tom Goldstein's motion to dismiss four of the 22 federal tax charges brought against him in January, ruling that his defense that the counts stemming from the 2016 tax year should be time-barred will have to be raised at trial.
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High Court Leans Toward Limiting Voting Rights Act Suits
The U.S. Supreme Court's conservative supermajority seemed ready Wednesday to further limit the use of the Voting Rights Act in challenging alleged racial discrimination in legislative redistricting, but appeared divided over how to accomplish that.
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Buckle Up And Be Nice: Philly Biz Court Judges Share Tips
Newly shortened litigation timelines and old-fashioned congeniality were among the points emphasized by the judges of Philadelphia's dedicated business court as they shared tips of the trade on Saturday during a gathering of lawyers who practice in the busy venue.
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Former DOJ South Fla. Appellate Leader Joins Boutique
The former appellate chief at the U.S. Attorney's Office for the Southern District of Florida joined appellate boutique Webb Daniel Friedlander LLP in Miami.
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Ex-WH Ethics Attys Slam 'Vindictive' Comey, James Charges
Three former White House ethics attorneys have filed complaints with the U.S. Department of Justice over what they call the "vindictive and meritless" criminal prosecutions of former FBI Director James Comey and New York Attorney General Letitia James.
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Ethics Probe Of 2 Mich. Judges Recommended For Dismissal
A retired Michigan judge overseeing an ethics probe of two state judges stemming from a dispute over a bike rental on Mackinac Island have recommended dismissing the complaints, determining that the judges did not commit misconduct and questioning why the matter led to a formal complaint.
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Conn. Justice To Leave High Court For Judicial Admin Role
A vacancy is set to open on the Connecticut Supreme Court as Justice Joan K. Alexander transitions to a new role next month as the state judiciary's top administrator, according to an email shared with Law360 on Wednesday.
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Prominent NY Public Defender Joins Sher Tremonte
Sher Tremonte announced Tuesday that it has hired a prominent Federal Defenders of New York attorney who transitions to the firm as it challenges what it calls "unprecedented threats" from the federal government on issues tied to free speech and the rule of law.
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3rd Circ. Preview: US Atty, Columbia Activist, Ex-Union Prez
The Third Circuit's late October arguments will include two nationally watched cases scrutinizing President Donald Trump's power to name "interim" government officials and his promise to deport foreign nationals who allegedly supported Hamas or took part in protests against Israel's war in Gaza.
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NJ, Del. Judges Stress Value Of Local Counsel For IP Attys
Six judges with significant experience overseeing pharmaceutical patent litigation in the districts of New Jersey and Delaware urged litigators on Tuesday to rely on the expertise of local counsel if they're hoping to impress the court.
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Mining Company Seeks Judge's Removal From Citgo Auction
A bidder in the sale of Citgo's parent company to satisfy billions of dollars of Venezuelan debt has asked to disqualify a Delaware federal judge from the forced judicial auction, saying it submitted the top bid of $7.9 billion but unfairly lost out to a competitor's lower bid.
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As Shutdown Drags On, Judiciary To Face Belt-Tightening
With no end in sight to the government shutdown, the situation for the federal judiciary will get worse after Friday.
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Judge Denies Gov't's 'Overbroad' Comey Discovery Proposal
A Virginia federal judge has shot down prosecutors' recommendations for a protective order covering discovery material such as law enforcement documents and private communications in its case against ex-FBI Director James Comey, calling the proposal "overbroad" as it would have kept Comey's attorneys from leaving discovery material with Comey himself.
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Voting Rights Case Could Further Chief's 'Central Project'
As a 20-something special assistant in President Ronald Reagan's Department of Justice, John G. Roberts Jr. argued a test focused on the discriminatory effects of legislative redistricting on minority voters would be unconstitutional. Now, four decades later and as chief justice of the United States, he has a chance to make that view the law of the land.
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Justices Lean Toward Ruling Mandatory Restitution Is Punitive
A majority of the U.S. Supreme Court justices appeared to embrace arguments Tuesday that forcing convicted defendants to pay restitution with compounding interest years after conviction is a criminal punishment and therefore subject to the Constitution's ban on increasing punishment retroactively.
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Has The 9th Circ.'s Rightward Shift Ended Bids To Split It?
Republican lawmakers have long dreamed of breaking up the nation's largest appellate court. But that fervor has diminished as the Ninth Circuit's balance of Democratic and Republican appointees has evened out in recent years, upending the circuit's status as a culture war lightning rod.
Expert Analysis
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Series
Talking Mental Health: Life As A Lawyer With OCD
Kelly Hughes at Ogletree discusses what she’s learned in the 14 years since she was diagnosed with obsessive-compulsive disorder, recounting how the experience shaped her law practice, what the legal industry and general public get wrong about the disorder, and how law firms can better support employees who have OCD.
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3 Innovative Ways AI May Be Used In Legal Practice
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly be used by outside counsel to better predict the outcomes of litigation — thus informing legal strategy with greater precision — and by clients to scrutinize invoices and evaluate counsel’s performance, says Ronald Levine at Herrick Feinstein.
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Series
My Nonpracticing Law Job: Librarian
Lisa A. Goodman at Texas A&M University shares how she went from a BigLaw associate who liked to hang out in the firm's law library to director of a law library herself in just over a decade, and provides considerations for anyone interested in pursuing a law librarian career.
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Legal Briefs Can Benefit From Cleaned Up Case Citations
Federal courts have recently been changing the way they quote decisions to omit insignificant details and string cites, and lawyers should consider adopting this practice to enhance the readability of their briefs — as long as accuracy stays top of mind, says Diana Simon at the University of Arizona James E. Rogers College of Law.
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5 Best Practices For Firms Designing DEI Programs
Nikki Lewis Simon, chief diversity, equity and inclusion officer at Greenberg Traurig, discusses best practices — and some pitfalls to avoid — for law firms looking to build programs aimed at driving inclusion in the workplace.
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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.