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Courts
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NY Law Mandating Judicial Fine Declared Unconstitutional
A New York state appeals court has declared unconstitutional a statute that mandates a judge forfeit $1,000 to a plaintiff if the judge refuses to issue a writ of habeas corpus.
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Politics And Privacy Laws Collide 5 Years After Salas Shooting
Five years after a disgruntled litigant killed a New Jersey federal judge's son at their home, experts and judges disagree over whether the judicial privacy laws enacted following the shooting are doing much to protect jurists, while political leaders' heated rhetoric makes for an even more dangerous landscape for judges.
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Boutique Bartko Pavia Brings On Former Prosecutor In SF
Bartko Pavia LLP continues growing, bringing in a former attorney with the antitrust unit of the Colorado Attorney General's Office as a partner in the boutique's San Francisco office.
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DC Panel Calls For Former DOJ Official Clark's Disbarment
The majority of a Washington, D.C., lawyer ethics panel has called for the disbarment of Jeffrey Clark, a White House official and ally of President Donald Trump, over his efforts to overturn the 2020 presidential election.
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Ex-Bank GC Must Pay $2.5M Fraud Restitution By Oct. 1
A former Webster Bank general counsel who pled guilty to bank fraud must pay by Oct. 1 the remaining $2.5 million he owes in restitution, a federal judge has ruled, finding that the man's bank accounts and securities are enough to cover the difference.
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Voir Dire: Law360 Pulse's Weekly Quiz
The legal industry ended July with another action-packed week as attorneys took on new firm gigs and in-house roles across the country. Test your legal news savvy here with Law360 Pulse’s weekly quiz.
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Legal Job Sector Continued 5-Month Growth Streak In July
For the fifth straight month, the U.S. legal industry experienced job growth, adding 600 positions in July, according to preliminary data released on Friday by the U.S. Bureau of Labor Statistics.
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Widow Can't Be Spared Husband's Tax Debt, 11th Circ. Affirms
A widow is not entitled to innocent spouse relief from tax debt she shared with her husband because the underlying income belonged to her, the Eleventh Circuit said, affirming a U.S. Tax Court ruling and skirting an additional challenge to job protections for judges.
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Justices Told State Med Mal Laws Fly In Federal Court
A Delaware federal court must apply a state statute requiring an expert affidavit in all medical malpractice suits, a hospital defendant told the U.S. Supreme Court, as key aspects of the Delaware law and similar statutes in 28 other states "should not be checked at the federal courthouse doors."
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State Justices Call For Legal Ed Reforms Amid 'Justice Gap'
State supreme courts need to address the nationwide "justice gap crisis" caused by too few attorneys, by emphasizing bar exam alternatives and more client work in law school to ensure the legal education pipeline produces new lawyers who are actually ready to practice, according to a new report.
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Wis. Judge Pushes For Immunity In ICE Arrest Case
A Wisconsin state judge is pushing for the dismissal of criminal charges alleging she hindered an immigration enforcement arrest, reiterating her argument that she has immunity against what she called the "overreaching federal prosecution of a state court judge for acts within her official duties."
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Del. Chief Justice Tapped To Lead National State Courts Group
Delaware Supreme Court Chief Justice Collins J. Seitz Jr. has been elected for a one-year term as president of the Conference of Chief Justices, a group within the National Center for State Courts dedicated to representing state court systems.
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Judges Speak Out On Rising Threats Amid Safety Concerns
Federal judges who have been at the center of some of the most high-profile litigation of the second Trump administration spoke publicly Thursday about threats they've faced after their rulings.
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Nonlawyer Indicted For Filing False Immigrant Asylum Forms
A Pennsylvania woman falsely claimed to be an immigration attorney and filed false asylum claims for immigrant clients, according to an indictment federal prosecutors announced Thursday.
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1st Circ. Denies Marathon Bomber's Bid To DQ Trial Judge
The First Circuit on Thursday denied a request by convicted Boston Marathon bomber Dzhokhar Tsarnaev to have the judge who presided over his 2015 trial removed from conducting a probe into whether some of the jurors who sentenced him to death were biased.
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Group Helps Federal Attys Facing Job Loss, Workplace Chaos
Amid the Trump administration’s push to dramatically shrink the federal workforce, lawyer assistance programs in Washington, D.C., Maryland and Virginia have launched a support group aimed at helping current and former government attorneys manage the stress of job losses and to navigate career transitions.
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Nadine Menendez Loses Bid To Toss Bribery Conviction
The wife of former U.S. Sen. Robert Menendez failed Thursday in her effort to overturn her conviction in a sweeping federal corruption case as a Manhattan federal judge ruled that the evidence against her was both extensive and compelling.
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Baldwin Eyes Deal Over Failed 'Rust' Trial With Suit Dormant
Alec Baldwin's lawsuit in New Mexico state court against prosecutors and others involved in his botched involuntary manslaughter case in the "Rust" film shooting has been temporarily thrown out, but the actor-producer's attorneys said Thursday that they've been in settlement discussions and will move to reinstate the suit if the talks fail.
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Retired NJ Judge Backs Appellate Advocacy Fund At Rutgers
More than 50 years after graduating from Rutgers Law School, a retired New Jersey federal judge and current partner at Blank Rome LLP is funding educational programs at his alma mater on his area of expertise: appellate advocacy.
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US Atty Swap Was 'Calculated' To Evade Senate, NJ Court Told
The reappointment of Alina Habba from interim to acting U.S. attorney for New Jersey was an unconstitutional maneuver "calculated to bypass Senate confirmation," a defendant seeking dismissal of his drug trafficking indictment told a federal judge Wednesday, while prosecutors opposed the motion as a "dispute over titles, not authority."
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NY Woman Cops To $30M Scam That Used Trump Event As Bait
A New York woman pled guilty Wednesday to conspiring to defraud investors out of more than $30 million in a real estate fraud and illicit campaign finance scheme, which included using illegal foreign political donations to access a fundraiser for President Donald Trump to woo investors.
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High Court Urged To Review Ineffective-Counsel Case
A man who threatened to sue his civil lawyer for malpractice has asked the U.S. Supreme Court to take up his case and find that such a situation creates an automatic conflict of interest when the same lawyer was also defending him in a criminal case.
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Calif. Sens. Slam Trump's US Atty 'Hijacking' To Keep LA Ally
California Sens. Alex Padilla and Adam Schiff issued a statement Wednesday condemning the Trump administration's decision to "circumvent the law" and appoint Bill Essayli as acting U.S. attorney in Los Angeles, in a move echoing the recent appointment of Alina Habba as acting U.S. attorney in New Jersey.
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How Confirming Bove May Stymie Trump's Impact On Courts
Embattled U.S. Department of Justice official Emil Bove has been appointed to a lifetime seat on the Third Circuit, but court watchers say his confirmation could backfire by scaring off other federal judges from retiring — for fear they'll be replaced by candidates like Bove.
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NJ Judge Accused Of Berating Truant Teens Called One 'Vile'
A New Jersey municipal court judge is accused of berating children in truancy hearings, threatening their families with deportation, and questioning their immigration status in open court — actions the state's judicial watchdog said violated multiple canons of judicial conduct.
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.