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Public criticism being traded back and forth in recent months between U.S. Supreme Court justices and lower-court federal judges over the justices' emergency orders is highly unusual in itself, but it also raises the risk of eroding public trust in the judiciary.
Several U.S. Supreme Court justices appeared sympathetic Tuesday to an anti-abortion pregnancy-center network's bid to challenge a subpoena from the New Jersey attorney general, pressing the state on whether its demand for donor identities and internal documents risked unconstitutionally chilling First Amendment associational rights.
A Pennsylvania federal judge on Tuesday recommended to the U.S. Department of Justice that it investigate powerhouse plaintiffs firm Hagens Berman Sobol Shapiro LLP's conduct in connection with several since-dropped product liability cases that a special master found to be filed in bad faith.
Four women whose suit against comedian Katt Williams was tossed by a Georgia federal judge on a finding that the claims related to a 2016 altercation outside a nightclub were time-barred, asked the court Tuesday to reconsider on the basis that the judge is hostile to their lawyer and did not render an impartial decision.
President Donald Trump sought Tuesday to fight two groups' efforts to undo a Florida federal judge's order blocking release of the final report from former special counsel Jack Smith's investigation into Trump's handling of classified documents.
Former assistant public defender Caryn Devins Strickland lost her bid to have the full Fourth Circuit rehear her sexual harassment suit against the federal judiciary, as judges ruled they didn't overlook her pro bono legal team's withdrawal on the eve of her bench trial.
The U.S. Senate confirmed two federal judges for North Carolina on Tuesday.
It's been nearly nine years since U.S. District Judge James Robart blocked President Donald Trump's 2017 executive order barring travel from seven Muslim-majority countries, and though the judge has had a long career — including groundbreaking patent and securities decisions — he still occasionally gets recognized as that "so-called judge."
A former Ohio immigration judge sued the U.S. Department of Justice in D.C. federal court Monday, alleging she was discriminated against and unconstitutionally fired for her liberal political beliefs while slamming the Trump administration's recent "unprecedented assault" against longstanding civil service laws that protect millions of federal employees.
The U.S. Supreme Court on Monday grappled with when courts can review the Board of Immigration Appeals' persecution findings, showing little appetite for allowing courts to routinely second-guess agency expertise while expressing concern that the government was advocating for too much deference.
A New Jersey Senate committee hearing on Monday about a bill that would remove investigatory powers from the Office of the State Comptroller devolved into attacks on the state attorney general's record and accusations of "textbook" First Amendment violations.
The Alabama federal judges who sanctioned a trio of civil rights attorneys for allegedly judge shopping are defending that outcome, telling the Eleventh Circuit the controversial process was above board and rejecting the "scheming" attorneys' claims that they simply wanted to ensure they received a randomly assigned judge.
As the first federal procedure rule geared toward multidistrict litigation goes into effect, judges will have a new buffet of best practices to guide them, but little in the way of hand-tying mandates.
A new law barring California lawyers and firms from sharing fees with out-of-state law firms owned by nonlawyers is unconstitutional and will harm the state's mass tort lawyers and their clients, according to a lawsuit filed last week.
A Florida couple say their medical malpractice suit against a Georgia healthcare provider shouldn't have been dismissed by a Georgia federal judge, arguing the judge has a conflict of interest of "epic proportions" through her brother and sister-in-law.
Saxton & Stump will kick off the new year by growing its offices in York and Harrisburg, Pennsylvania, with a magisterial district judge who will join the firm when her term is over at the end of December.
The former assistant attorney general for the U.S. Department of Justice's Environment and Natural Resources Division has come aboard Pillsbury Winthrop Shaw Pittman LLP's Washington, D.C., office, the firm announced Monday.
The New Jersey Senate Judiciary Committee voted to reappoint Kevin O'Toole, chair of the Port Authority of New York and New Jersey since 2017, to another six-year term on the board of commissioners of the agency on Monday.
U.S. Supreme Court justices pressed Cox Communications on whether internet service providers could ever be liable for their customers' online piracy if it defeated a $1 billion case brought by music companies, with Justice Ketanji Brown Jackson questioning the company's attorney Monday if "selling internet services can ever be culpable conduct."
President Donald Trump's former personal lawyer cannot serve as acting U.S. attorney for New Jersey, the Third Circuit ruled Monday in a precedential opinion holding that her appointment violated the Federal Vacancies Reform Act and undermined the constitutional safeguards of Senate confirmation.
A Michigan attorney's attempt to have a judge recuse from a payment dispute launched by a cybersecurity firm "is a waste of the court's time," the company has said, because her bid is based on speculation over the judge's work in a federal prosecutor's office.
The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court.
An Ohio appeals court said on Wednesday that a decision to continue a trial after courthouse doors were locked at the close of business did not violate a man's rights, denying his bid for a new trial.
State supreme courts have seen minimal improvements in the racial and gender diversity of their jurists, as new justices have been disproportionately white and male, with even less progress made in seating justices with varied professional experiences, according to a recent report.
The Eleventh Circuit on Wednesday upheld the dismissal of President Donald Trump's amended lawsuit alleging a racketeering conspiracy between Hillary Clinton and the Democratic National Committee to derail his 2016 campaign with false accusations of Russian collusion, saying the complaint didn't state any claims.
As law firms begin planning next year's summer associate events, they should carefully examine how choice of venue, activity, theme, attendees and formality can create feelings of exclusion for minority associates, and consider changing the status quo to create multiculturally inclusive events, says Sharon Jones at Jones Diversity.
Series
Ask A Mentor: How Do I Negotiate Long-Term Flex Work?
Though the pandemic has shown the value of remote work, many firms are still reluctant to embrace flexible working arrangements when offices reopen, so attorneys should use several negotiating tactics to secure a long-term remote or hybrid work setup that also protects their potential for career advancement, says Elaine Spector at Harrity & Harrity.
Instead of spending an entire semester on 19th century hunting rights, I wish law schools would facilitate honest discussions about what it’s like to navigate life as an attorney, woman and mother, and offer lessons on business marketing that transcend golf outings and social mixers, says Daphne Delvaux at Gruenberg Law.
Female lawyers belonging to minority groups continue to be paid less and promoted less than their male counterparts, so law firms and corporate legal departments must stop treating women as a monolithic group and create initiatives that address the unique barriers women of color face, say Daphne Turpin Forbes at Microsoft and Linda Chanow at the Institute for Inclusion in the Legal Profession.
Opinion
We Need More Professional Diversity In The Federal Judiciary
With the current overrepresentation of former corporate lawyers on the federal bench, the Biden administration must prioritize professional diversity in judicial nominations and consider lawyers who have represented workers, consumers and patients, says Navan Ward, president of the American Association for Justice.
Series
Ask A Mentor: How Do I Retire Without Creating Chaos?
Retired attorney Vernon Winters explains how lawyers can thoughtfully transition into retirement while protecting their firms’ interests and allaying clients' fears, with varying approaches that turn on the nature of one's practice, client relationships and law firm management.
Narges Kakalia at Mintz recounts her journey from litigation partner to director of diversity, equity and inclusion at the firm, explaining how the challenges she faced as a female lawyer of color shaped her transition and why attorneys’ unique skill sets make them well suited for diversity leadership roles.
Navigating the legal world as an Asian American lawyer comes with unique challenges — from cultural stereotypes to a perceived lack of leadership skills — but finding good mentors and treating mentorship as a two-way street can help junior lawyers overcome some of the hurdles and excel, say attorneys at Paul Weiss.
As the need for pro bono services continues to grow in tandem with the pandemic, attorneys should assess their mental well-being and look for symptoms of secondary traumatic stress, while law firms must carefully manage their public service programs and provide robust mental health services to employees, says William Silverman at Proskauer.
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.
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.
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.
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.
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.
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.