Sat.Jul 24, 2021

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Spain president proposes Digital Rights Charter, outlining fundamental rights of individuals online

JURIST

Spanish President Pedro Sánchez on Wednesday announced publication of the Carta Derechos Digitales , or Digital Rights Charter. Rather than presenting the Charter as regulation or new legislation, Sánchez stated that the Charter is meant to be a framework of reference for all Spanish authorities and to inform future action. Thus, the announcement does not present a new regulatory burden to businesses and individuals operating in Spain, but offers insight into the state of Internet regulation goi

Legal 245
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Supreme Court of Wyoming Finds Statements Were Improperly Admitted Under Prior Consistent Hearsay Exclusion

EvidenceProf Blog

Federal Rule of Evidence 801(d)(1)(B) provides an exclusion to the rule against hearsay for a statement that (B) is consistent with the declarant’s testimony and is offered: (i) to rebut an express or implied charge that the declarant recently fabricated.

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US labor board rejects challenge to large banner displays at union strike sites

JURIST

The US National Labor Relations Board (NLRB) on Wednesday ruled that an Indiana labor union group (“the Union”) did not violate the National Labor Relations Act (“the Act”) with its display of a 12-foot inflatable rat with red eyes, fangs, and claws (“Scabby the Rat”) and two large banners to boycott a business near the public entrance to a trade show.

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“‘Complete, dysfunctional chaos’: Oklahoma reels after Supreme Court ruling on Indian tribes.”

HowAppealing

“‘Complete, dysfunctional chaos’: Oklahoma reels after Supreme Court ruling on Indian tribes.” Annie Gowen and Robert Barnes of The Washington Post have this report.

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Recipe for a Failed CLM Implementation

Selecting and implementing CLM technology can be daunting, leading to underutilization or abandonment. Factors like provider differentiation, inadequate planning, and lack of user training contribute to these failures. Recognizing these pitfalls is crucial for successful adoption, ensuring organizations harness the full potential of CLM for streamlined contract management.

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Mississippi AG files brief with Supreme Court urging Roe and Casey be overturned

JURIST

The attorney general of Mississippi filed a brief with the Supreme Court on Thursday in the case of Dobbs v. Jackson Women’s Health Organization , a case which asks the Court to reconsider its precedential rulings in Roe v. Wade and Planned Parenthood v. Casey. The question presented in the brief to the Court is, “Whether all pre-viability prohibitions on elective abortions are unconstitutional?

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US Treasury sanctions Cuba defense minister and special forces unit

JURIST

The US Department of Treasury’s Office of Foreign Assets Control imposed sanctions Thursday against Cuban Defense Minister Alvaro Lopez Miera and an entire special forces unit for alleged human rights violations in relation to the suppression of peaceful protests. Earlier this month, thousands of Cubans took to the streets in anti-government protests , motivated by dissatisfaction with the Cuban government’s handling of the economy, the COVID-19 pandemic, and the curtailment of civil liberties.

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Majority on divided three-judge Ninth Circuit panel holds that California’s closing of private schools because of COVID-19 implicates fundamental rights of parents and is subject to strict scrutiny

HowAppealing

Majority on divided three-judge Ninth Circuit panel holds that California’s closing of private schools because of COVID-19 implicates fundamental rights of parents and is subject to strict scrutiny: You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

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ECHR unanimously declares Polish Supreme Court Disciplinary Chamber an illegitimate tribunal

JURIST

The European Court of Human Rights (ECHR) on Thursday unanimously held that the Disciplinary Chamber of the Polish Supreme Court has violated Polish lawyer Joanna Reczkowicz’s right to a fair trial and does not represent a lawful tribunal. Reczkowicz was suspended from practice for three years following a series of incidents when she was representing a client.

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“Reporting on the Supreme Court”

HowAppealing

“Reporting on the Supreme Court”: Anna Salvatore — founder of the “ High School SCOTUS ” blog — served as moderator of this recent event (YouTube link) featuring panelists Chris Geidner, David Lat, and Kimberly Robinson.

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Contract Lifecycle Management: A Business Enabler Exploring On-Ground Challenges

CLM tools have always strived to push contract management into the digital age for almost 30 years. But the complexities of digitising a legal document are numerous. The current scenarios in business development have shown that having a fully automated CLM has become a mandate for every law firm and in-house legal department. To determine if you need a CLM system, it's essential to clearly identify the on-ground business challenges you aim to solve.

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Could The Arrest of FBI Agent Undermine The Whitmer Kidnapping Case?

JonathanTurley

The arrest of an FBI agent would always be newsworthy. Richard Trask of Kalamazoo has gone from making cases to being a case for prosecution. He faces up to ten years for allegedly assaulting his wife with intent to do great bodily harm. However, Trask was also key to the arrest of men in the alleged plot to kidnap Michigan Gov. Gretchen Whitmer. Those defendants — and some observers — have criticized the FBI for entrapping the men by pushing them into the conspiracy and facilitatin

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“Have information you want no one ever to know? Tell the FBI!”

HowAppealing

“Have information you want no one ever to know? Tell the FBI!” Columnist Alexandra Petri has this op-ed in today’s edition of The Washington Post. And online at Slate, Dahlia Lithwick has a jurisprudence essay titled “ We Now Know What the FBI Did With the 4,500 Kavanaugh Tips It Collected in 2018.

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UK: End Of COVID-19 Adjustments To Right To Work Checks Delayed Until 1 September 2021 - Walker Morris

Mondaq

The Home Office initially announced that the temporary adjusted right to work check measures in place due to COVID-19 would end on 16 May 2021.

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“Anti-abortion lawyers are finally being honest about what they want from the Supreme Court; For decades, abortion opponents urged the Court to lie about abortion restrictions; They don’t need to anymore”

HowAppealing

“Anti-abortion lawyers are finally being honest about what they want from the Supreme Court; For decades, abortion opponents urged the Court to lie about abortion restrictions; They don’t need to anymore”: Ian Millhiser has this essay online at Vox.

Lawyer 100
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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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UK: Podcast: Transitioning Back To The Office - Walker Morris

Mondaq

Afshan Iqbal, Doctoral Researcher at Leeds University Business School and Lucy Gordon, Director in the Employment Team at Walker Morris.

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“How the Supreme Court could decimate reproductive rights without overruling Roe”

HowAppealing

“How the Supreme Court could decimate reproductive rights without overruling Roe”: Steven Mazie and law professor Melissa Murray have this essay online at The Washington Post.

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Australia: Police Interview - Doogue + George Defence Lawyers

Mondaq

A police interview is for the police to get information to assist their case against a suspect or to get admissions.

Lawyer 52
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“After $250k in political support from Apache Corp., Texas Supreme Court does a rare double take”

HowAppealing

“After $250k in political support from Apache Corp., Texas Supreme Court does a rare double take”: Eric Dexheimer of The Houston Chronicle has this report.

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Dangers of Digital "Reporting": Legal Risks and Unreliable Transcripts

In the world of legal proceedings, the choice between a certified stenographer and digital "reporting" holds significant implications. Certified stenographers go through rigorous training and testing and stand as the gold standard for accuracy in capturing every word. Their expertise ensures a reliable record, a crucial foundation for legal cases.

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UK: Do Two Wrongs Ever Make A Right When It Comes To Evidence Obtained By Hacking Or Even Torture? - BCL Solicitors LLP

Mondaq

With the civil courts confirming they are content to allow parties to deploy as evidence the results of unlawful computer hacking, Michael Drury, Caroline Mair and Andrew Watson consider the issues.

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“Progressive Gun-Control Crackup; Defense lawyers ask the Supreme Court to affirm gun rights”

HowAppealing

“Progressive Gun-Control Crackup; Defense lawyers ask the Supreme Court to affirm gun rights”: The Wall Street Journal has published this editorial.

Lawyer 100
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UK: Protecting The Protectors: Calls For Emergency Legislation To Prevent The Prosecution Of Healthcare Professionals When Treating COVID-19 Patients - BCL Solicitors LLP

Mondaq

UK healthcare organisations have written to the Secretary of State for Health and Social Care, pushing for the introduction of emergency legislation to protect healthcare professionals.

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“Here’s what makes Texas’s ‘heartbeat’ abortion bill uniquely dangerous”

HowAppealing

“Here’s what makes Texas’s ‘heartbeat’ abortion bill uniquely dangerous”: The Washington Post has published this editorial.

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Optimizing Contract Management and Enhancing Team Collaboration: Insights from a Legal Operations Perspective

Speaker: Adina Marta Newman

Learn about a world of effective contract management and seamless teamwork across departments in this upcoming webinar from Cobblestone Software. You'll discover practical strategies and tips that legal professionals can use to streamline contract processes and enhance collaboration, making significant impact across legal and corporate departments. Join us as we show how you can supercharge contract processes, improve team communication, and take your contributions to the next level.

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UK: Report Released On The Safety Of Maternity Services In England - Hill Dickinson

Mondaq

The Health and Social Care Committee's report on the safety of maternity services in England makes recommendations in respect of funding, learning and clinical negligence claims arising out of maternity care.

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“Abortion rights face most difficult test yet at Supreme Court”

HowAppealing

“Abortion rights face most difficult test yet at Supreme Court”: John Kruzel of The Hill has this report.

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UK: New Competition And Markets Authority Guidance On Fertility Services - Hill Dickinson

Mondaq

The CMA has published its final guidance for fertility clinics and a guide for patients in the UK to ensure that they understand their obligations and rights under consumer law: Self-funded IVF: consumer law guidance.

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United States: Reverse Claw-Backs Revisited: IRS Issues Post-Altera Guidance On Adjustments For Stock-Based Compensation Costs And Cost Sharing Arrangements - Caplin & Drysdale

Mondaq

An IRS Office of Chief Counsel memorandum released July 16, 2021 provides a roadmap for IRS transfer pricing examinations involving cost sharing agreements that omit stock-based compensation from the pool of shared IDCs.

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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.