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Courts
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Calif. Supreme Court OKs Challenges To Blanket Judge DQs
The California Supreme Court has opened the door to challenges to blanket judicial disqualifications across the largest state court system in the country, partially overturning a precedent established nearly 50 years ago.
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Georgia Lawyer Again Seeks To DQ Judge Over Bar Referral
A Georgia attorney has launched at least the second attempt to disqualify a federal judge from presiding over a case he is handling because the judge previously referred him to the state bar, alleging ethics violations.
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Ex-Judge's Move To Firm Earns DQ In Fla. Divorce Case
A Florida appeals court ruled Friday that a Daytona Beach law firm should have been disqualified from representing a man in a divorce proceeding for failing to provide proper notice that a judge who previously oversaw the case had joined the firm as a partner.
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Baker McKenzie Asks Judge Not To Toss Suit Against Ex-Atty
A lawyer for Baker McKenzie on Friday urged a Washington, D.C., judge not to dismiss the BigLaw firm's defamation suit against a former tax associate who accused a firm office leader of sexual assault, telling the court the accusations were false and made with "malice."
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The Supreme Court's Week: By The Numbers
The U.S. Supreme Court issued four rulings this week, one concerning whether local delivery drivers are exempt from federal arbitration requirements and three in criminal cases involving jury selection and compassionate release. Here, Law360 Pulse takes a data-driven dive into the week that was at the high court.
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Dems Say DOJ Blocked Bondi On Trump Questions
Democrats were incensed on Friday that the U.S. Department of Justice attorneys who accompanied former Attorney General Pam Bondi to her committee interview stopped her from answering questions about President Donald Trump.
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Ex-Calif. Appellate Judge To Take Over As Law School Dean
A former California appellate justice, who was the first Muslim to serve as a Court of Appeal justice in the U.S., has been named Western State College of Law at Westcliff University's next dean.
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Voir Dire: Law360 Pulse's Weekly Quiz
Attorneys took on new roles and law firms expanded their operations as the legal industry closed out May this week. Test your legal news savvy here with Law360 Pulse's weekly quiz.
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Ex-Fla. Chief Justice Fred Lewis Dies At 78
Former Florida Chief Justice R. Fred Lewis, who spent two decades on the bench of the Florida Supreme Court, has died at 78, the court announced Thursday.
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Del. ACLU Legal Director Challenges Jennings In AG Race
The legal director of the American Civil Liberties Union of Delaware is challenging the state's incumbent Attorney General Kathy Jennings for the Democratic nomination for the First State's top law enforcement post.
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'Socioeconomic' Remark At Atty's Homicide Trial Vexes Judge
A prosecutor's "socioeconomic" description of the man shot to death by a former Cramer & Anderson LLP partner may have been improper, a Connecticut appellate judge said Thursday, casting some doubt on the integrity of Robert L. Fisher Jr.'s manslaughter conviction.
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Goldstein Says Bad Jury Instructions Warrant New Trial
SCOTUSblog founder Tom Goldstein said that the prosecutors who convicted him on 12 tax and mortgage fraud charges in February are now contradicting arguments they made at the end of his trial in their attempt to deny him a bench acquittal or new trial.
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Florida High Court Adopts AI Policy For Lawyers
The Florida Supreme Court on Thursday amended the state's rules to require those filing court documents to check any artificial intelligence-generated content for accuracy, and allow for sanctions if the content contains errors.
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Court Bets On Prediction Markets Stir Insider Trading Fears
Prediction markets like Polymarket and Kalshi provide opportunities to make money on court-related wagers, raising concerns that judges, court employees or litigants could use nonpublic information to bet on the outcomes of cases or the judiciary's personnel moves.
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Justices Revive Mississippi Death Row Inmate's Batson Claim
The U.S. Supreme Court ruled Thursday that a Black Mississippi death row prisoner who argued racial discrimination tainted his jury selection is entitled to habeas corpus relief, finding that Mississippi's courts improperly rejected his challenge to the prosecutor's juror strikes.
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Justices Say First Step Act Not 'Vehicle' For Innocence Claim
The U.S. Supreme Court held Thursday that judges lack wide discretion to pare down sentences for criminal defendants under the First Step Act based on questions about the validity of a conviction, shutting the door on a potential wave of postconviction relief petitions, experts said.
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High Court Says First Step Act Can't Inform Early Releases
The U.S. Supreme Court ruled Thursday that changes in mandatory minimum sentences cannot be considered retroactively when weighing if a federal prisoner should be granted early release.
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Justices Say 'Last-Mile' Drivers Can Skip Arbitration
An exemption to federal arbitration requirements for workers engaged in interstate commerce can extend to what are known as last-mile drivers who locally deliver goods that travel interstate, the U.S. Supreme Court held Thursday, resolving an issue that lingered after previous high court decisions.
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Meet Biden's Attys Fighting DOJ Release Of Memoir Materials
Former President Joe Biden has selected Hecker Fink LLP lawyers well acquainted with politically charged litigation for his extraordinary new lawsuit accusing the U.S. Department of Justice of orchestrating a congressional inquiry in order to divulge "highly personal" records to the Heritage Foundation.
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PacifiCorp Link Should DQ Appeal Judge, Plaintiffs Say
Counsel for a class of Oregon property owners asked an appeals court Tuesday to disqualify the judge who authored a decision overturning classwide liability against PacifiCorp for wildfire damage, saying the judge's alleged work for the utility in prior private practice would cause a reasonable person to question her impartiality.
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NY Firms Lose Lead Role In Starbucks Shareholder Suit
A Washington federal judge struck an earlier order granting co-lead roles to two New York law firms in a consolidated shareholder action against Starbucks Corp., handing a win Wednesday to two plaintiffs who'd challenged the appointment and said their own counsel would be better suited for the job.
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Chicago US Atty Revamps Grand Jury Rules After Misconduct
Chicago's top federal prosecutor announced on Wednesday a new suite of rules for how grand jury investigations are handled after an Illinois federal judge accused the prosecutor's office of misconduct in a case against six immigration activists.
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US Tells Justices To Hold 'Lightning Rod' Health Ministry Case
The U.S. Supreme Court should hold out on deciding whether a New Mexico insurance law violates the religious rights of nonprofit healthcare-sharing ministries that provide cheap, Christian-focused health insurance options while the justices decide a similar case, the U.S. solicitor general told the court.
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NJ Disbars Attorney After He Lied To Prison Officials
A criminal defense attorney who was disbarred in New York after being convicted of lying to the Bureau of Prisons in an effort to get an early release for a client and being sentenced to probation and community confinement has also been disbarred in New Jersey.
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Ex-DC Prosecutor Brings Victim Focus To Plaintiffs Shop
Longtime D.C. federal prosecutor Nicholas Miranda is part of a wave of attorneys who have left the federal government over the past year, but his career path looks different from many others. He now represents plaintiffs at Levin Law PA, a Miami-based firm that targets financial fraud and privacy violations, work he says continues his yearslong focus on victims.
Expert Analysis
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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.
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5 Life Lessons From Making Partner As A Solo Parent
Laranda Walker at Susman Godfrey, who was raising two small children and working her way to partner when she suddenly lost her husband, shares what fighting to keep her career on track taught her about accepting help, balancing work and family, and discovering new reserves of inner strength.
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Series
Ask A Mentor: How Can I Turn Deferral To My Advantage?
Diana Leiden at Winston & Strawn discusses how first-year associates whose law firm start dates have been deferred can use the downtime to hone their skills, help their communities, and focus on returning to BigLaw with valuable contacts and out-of-the-box insights.
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Resume Gaps Are No Longer Kryptonite To Your Legal Career
Female attorneys and others who pause their careers for a few years will find that gaps in work history are increasingly acceptable among legal employers, meaning with some networking, retraining and a few other strategies, lawyers can successfully reenter the workforce, says Jill Backer at Ave Maria School of Law.
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Law Firm Guardrails For Responsible Generative AI Use
ChatGPT and other generative artificial intelligence tools pose significant risks to the integrity of legal work, but the key for law firms is not to ban these tools, but to implement them responsibly and with appropriate safeguards, say Natalie Pierce and Stephanie Goutos at Gunderson Dettmer.
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Opinion
We Must Continue DEI Efforts Despite High Court Headwinds
Though the U.S. Supreme Court recently struck down affirmative action in higher education, law firms and their clients must keep up the legal industry’s recent momentum advancing diversity, equity and inclusion in the profession in order to help achieve a just and prosperous society for all, says Angela Winfield at the Law School Admission Council.