Tue.Jun 15, 2021

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Using Motions to Get a Lawsuit Dismissed Early in California

Chugh LLP

By: Varduhi Danielyan. When faced with a lawsuit, defendants and their defense attorneys often aim to defeat the case as quickly and cost-effectively as possible. Motions are one way to accomplish that goal, since they may be effective at getting certain lawsuits dismissed during the early stages of litigation. In California, a motion for sanctions may be one of the most successful methods for dismissal.

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US Supreme Court refuses to move California suit against oil companies to federal court

JURIST

The US Supreme Court declined Monday to take up an appeal by a group of oil companies challenging a California state court ruling permitting two California cities to sue for damages related to climate change, meaning the case will be heard in state court. The cities of Oakland and San Francisco claimed that fossil fuel giants BP, Exxon, Chevron, Shell and ConocoPhillips created a public nuisance through their contributions to climate change, which caused flooding, shoreline erosion and saltwater

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Screened Time: Google's Newest Advertising Program Is Here

NCBA Law Practice Management Blog

Attorneys have, like most business owners, spent lots of their marketing dollars on Google search. It makes sense: Google is the most popular search engine. (Google-owned YouTube is #2.) Google Screened is Google’s latest addition to its collection of local service ads. Google Screened offers up attorney recommendations for practice area searc hes. So, if you’re a bankruptcy attorney using Google Screened, when someone in your local area searches for a bankruptcy attorney, your profile would be

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US Supreme Court limits new trials for felons in possession of firearm

JURIST

The US Supreme Court on Monday limited new trials for felons convicted for being in possession of a firearm, limiting the retroactive application of its 2019 decision Rehaif v. United States. The issue in Greer v. United States involved 18 USC §922(g) , the federal law prohibiting felons from possessing firearms. Under the 2019 decision in Rehaif , the government had to prove both that a defendant knew he possessed a firearm and that he knew he belonged to a category of persons prohibited from p

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Transforming eDiscovery: Document Summarization, Sentiment Analysis, And Chatbots Take Center Stage

A Synergistic Approach to eDiscovery In the space of eDiscovery, the convergence of document summarization, sentiment analysis, and chatbots represents a significant change in how legal professionals navigate and manage electronic information. These technologies not only expedite the review process but also empower legal teams with deeper insights into the emotional context and key information within electronic documents.

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District of Idaho Notes That the Ninth Circuit Has Limited the Scope of Rule 704(b)

EvidenceProf Blog

Federal Rule of Evidence 704(b) states that In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime.

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More Trending

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US father and son plead guilty to aiding Carlos Ghosn’s escape from Japan

JURIST

An American father and son duo pleaded guilty on Monday to aiding former Nissan CEO Carlos Ghosn’s escape from Japan, while he faced charges of financial misconduct. Japanese authorities indicted Michael Taylor, a US Army Special Forces veteran, and his son Peter Taylor on charges of harboring or enabling the escape of a criminal. They allege that the Taylors had key roles in planning and executing an elaborate escape in which they helped Ghosn break house arrest, travel from Tokyo to Osak

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“I’ve urged Supreme Court justices to stick around — but never to retire. Until now.”

HowAppealing

“I’ve urged Supreme Court justices to stick around — but never to retire. Until now.” Columnist Ruth Marcus has this essay online at The Washington Post.

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CBD On Planes: Can You Fly With CBD Oil?

LegalReader

So, can you fly with CBD oil? Absolutely yes! For this, you have to follow a couple of simple rules: bring only CBD products that contain 0.3% THC and carry the associated CoA.

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“A Xitronix Sequel? Walker Process & Patent Jurisdiction; The Federal Circuit might have started another game of jurisdictional hot potato over appeals involving Walker Process claims.”

HowAppealing

“A Xitronix Sequel? Walker Process & Patent Jurisdiction; The Federal Circuit might have started another game of jurisdictional hot potato over appeals involving Walker Process claims.” Bryan Lammon has this post at his “final decisions” blog.

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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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The Right to Sue for Infringement is no longer a Standing Question

Patently O

Companies who play corporate games creating and shifting shell companies sometimes face serious consequences when painted into a corner. In Cirba, Inc. (DBA Densify) and Cirba IP v. VMWare (D. Del. 2020), a jury sided with the patentee Cirba Inc. and awarded $235 million in damages. That verdict though has been vacated because Cirba Inc.’s subsidiary Cirba IP actually owns the patent rights.

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“First Circuit Affirms Work-for-Hire Copyright Ruling Against ‘Life’ Board Game Creator; The First Circuit ruled ‘Game of Life’ co-creator Bill Markham doesn’t hold copyright termination rights to the board game”

HowAppealing

“First Circuit Affirms Work-for-Hire Copyright Ruling Against ‘Life’ Board Game Creator; The First Circuit ruled ‘Game of Life’ co-creator Bill Markham doesn’t hold copyright termination rights to the board game”: Josh Russell of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.

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Focus Your Vision on the DuPont Factors

Patently O

FocusVision Worldwide v. Information Builders Inc. ( Fed. Cir. 2021 ). The Federal Circuit has affirmed the TTAB’s decision refusing to register FocusVision’s eponymous mark FOCUSVISION after being opposed by IBI based upon its FOCUS marks. The appeal focused in part on the similarity of goods, trade channels, and sales. IBI is a software company known for its FOCUS database programming language.

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“Supreme Court Rejects Sentence Reductions for Minor Crack Offenses; The otherwise unanimous decision featured a sharp exchange over the history of a 1986 law that established large sentencing disparities between crack and powder cocaine”

HowAppealing

“Supreme Court Rejects Sentence Reductions for Minor Crack Offenses; The otherwise unanimous decision featured a sharp exchange over the history of a 1986 law that established large sentencing disparities between crack and powder cocaine”: Adam Liptak has this article in today’s edition of The New York Times. In today’s edition of The Washington Post, Robert Barnes has an article headlined “ Supreme Court says law does not allow new sentences for all crack convictio

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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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Pandemic Accelerated Tech’s Importance, But Firms Remain Poorly Prepared for Tech Future, Survey Says

LawSites

Legal professionals agree that the pandemic accelerated the critical role of technology in the future success of their law firms and legal departments, but only a third believe their organizations are well prepared for addressing technology’s increasing importance. This is a key finding of the 2021 Wolters Kluwer Future Ready Lawyer Survey Report , the third year that Wolters Kluwer Legal & Regulatory U.S. has conducted this survey, designed to provide insights into how the legal profession

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“Kemp gets six finalists for upcoming Georgia Supreme Court vacancy”

HowAppealing

“Kemp gets six finalists for upcoming Georgia Supreme Court vacancy”: Bill Rankin of The Atlanta Journal-Constitution has this report.

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Nationwide EAS Test Scheduled for August 11, 2021 – Verification of EAS Information Due by July 6 in ETRS

Broadcast Law Blog

Last week, the FCC issued a Public Notice announcing an August 11, 2021 nationwide EAS test , with a backup date of August 25 if there are conditions that prevent the test from occurring on the initial date. The test is scheduled for 2:20 PM EDT. For broadcasters, this test will be conducted using the over-the-air “daisy-chain” system, where primary stations in various geographic areas initiate the test, and the message is passed from station to station based on monitoring assignme

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Morning Docket: 06.15.21

Above The Law

* An antitrust lawsuit concerning college textbooks has been dismissed. Guess the plaintiffs got schooled. [ Reuters ] * A New York woman allegedly posed as a lawyer to bilk immigrants of money devoted to phony visa applications. [ Patch ] * A California attorney has been fined for making purportedly derogatory remarks against the judiciary. [ Metropolitan News-Enterprise ] * A man, who allegedly threatened a whistleblower's lawyer, has been sentenced to a year in prison. [ Politico ] * A shipya

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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“Citations to Briefs in Oral Arguments and Opinions”

HowAppealing

“Citations to Briefs in Oral Arguments and Opinions”: Adam Feldman has this post at The Juris Lab.

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Do Mandatory Workplace Drug Tests Invade Our Privacy?

LegalReader

Drug tests benefit both employers and employees in terms of safety and productivity. However, the rights and privacy of the employers shouldn’t be violated.

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Shooting of Johnny Lorenzo Bolton Mirrors Killing of Breonna Taylor

The Crime Report

A Black man in Georgia was lying on his couch when police officers serving a narcotics search warrant burst through his front door without warning and with guns drawn before shooting him twice in the chest in an incident that has drawn comparison to the killing of Breonna Taylor but little of the attention, reports the Associated Press. Johnny Lorenzo Bolton’s relatives and their lawyers wanted to try to get information about the shooting from law enforcement before drawing attention to his kill

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Texas Is 6th State To Require College Athlete NIL Rights As Of July 1

Above The Law

Meanwhile, Congress has taken no action on a national NIL law and continues to do nothing despite holding hearings on Capitol Hill concerning the need to provide athletes NIL rights on a nationwide basis.

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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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“McConnell sparks new Supreme Court fight”

HowAppealing

“McConnell sparks new Supreme Court fight”: Jordain Carney of The Hill has this report.

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Re-Imagining A Law School Curriculum To Kill the Bar Exam

Above The Law

The bar doesn’t test all that lawyers do. And it does not test what law professors teach. .

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USCIS Updates Policy to Expedite the Grant of Employment Authorization and Deferred Action to U Visa Applicants

Chugh LLP

By: Jacqueline Valle and Toni Ordona. United States Citizenship and Immigration Services will update their USCIS Policy Manual to include Bona Fide Determination (BFD), a new process which aims to provide victims of crime in the United States access to employment authorization sooner. The goal of the policy is to better equip applicants to cooperate and assist law enforcement investigations and prosecutors.

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2021 Distinguished Paralegal Award Winner: Alicia Mitchell-Mercer

NCBA

Alicia Mitchell-Mercer has been selected to receive the 2021 Distinguished Paralegal Award. The award will be presented at the 2021 NCBA Annual Meeting, which will take place virtually on Thursday and Friday, June 17-18. Mitchell-Mercer will be honored during the Awards & Recognitions Presentation on Thursday, June 17, at 5 p.m. Mitchell-Mercer received a B.S. […].

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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.