April, 2021

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Breaking Down the Three Charges Against Derek Chauvin

EvidenceProf Blog

On Monday, there will be closing arguments in the Derek Chauvin trial. In this post, I will break down the three charges that Chauvin faces in connection with the death of George Floyd. Second Degree Murder First, Chauvin is charged.

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Washington governor signs bill to ban for-profit jails

JURIST

Washington Governor Jay Inslee signed a bill on Wednesday that bans for-profit detention centers, including immigration facilities, in the state of Washington. The only Washington facility impacted by the bill is the Northwest Detention Center in Tacoma. The Northwest Detention Center is one of the United States’ largest, for-profit immigration jails.

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Trending Sources

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HB2617 is a Trojan Horse – Will Take Away Decades of Protection for Arizona Homeowners

Diane Drain

Arizona Bill wants Judgment Creditor to get paid before homeowners when house is refinanced (something Arizona law has not allowed since mid 1950s). Concerns about Arizona HB 2617, especially with the amendments: will allow old and new judgments to attached to homesteads. What the bill and amendments do: There are three parts to the bill & amendments.

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Divided court blocks California’s COVID-related restrictions on in-home religious gatherings

SCOTUSBlog

Share A divided Supreme Court on Friday night granted a request by a California pastor to put COVID-related restrictions on in-home Bible study and prayer meetings on hold. The ruling, issued just before midnight, was the most recent in a series of challenges, dating back almost to the start of the pandemic, to restrictions on in-person gatherings. Chief Justice John Roberts indicated that he would have denied the request; Justice Elena Kagan filed a dissenting opinion, which was joined by Justi

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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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Consumers’ Focus on Brands Is in Full Force Amid COVID-19 Vaccine Roll-Outs

The Fashion Law

Hermès has fared relatively well in the midst of a pandemic-ravaged market. Analysts celebrated the Paris-based brand when FY20 results were posted early this year , as the Birkin-bag maker’s revenues amounted to 6.39 billion euros ($7.7 billion) – down by just 6 percent, which is quite a bit less than rivals LVMH and Kering, which saw their 2020 sales fall by 16 percent and 18 percent, respectively.

More Trending

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Black Crime Victims ‘Systematically Excluded’ from Victim Rights Efforts

The Crime Report

Photo by booturtle via Flickr. Black victims of crime in America are under-represented in the media, and as a result rarely get the institutional and legal recognition given their white counterparts, according to a forthcoming study in the Lewis & Clark Law Review. . “Through their definition as non-ideal victims, Blacks have been systematically excluded from law and policy aiming to improve victims’ rights, and more broadly have not been recognized—socially and institutionally—as legitimate

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Rights experts call for ICC investigation into US police violence against Black people

JURIST

A commission of human rights experts asked the International Criminal Court (ICC) at The Hague on Tuesday to investigate the pattern of systemic police violence against Black people in the US. This comes shortly after the commission released a 188-page report detailing the crimes against humanity committed by police and prosecutors in the US. Commissioners investigated 43 cases of police murder, including the deaths of George Floyd, Breonna Taylor and Tamir Rice, as well as Jacob Blake, who was

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Attorney Burnout: 4 Traps to Avoid

Attorney at Work

The road to attorney burnout is the same as the road to success — the difference is attitude and perspective. I burned out after 27 years of being a trial attorney. I thought I was doing everything right. Not so. I was working longer and longer hours and enjoying my practice less and less. I couldn’t sleep and, as a result, I was irritable. I suffered from stress, anxiety and depression, and I felt exhausted mentally, emotionally and physically.

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Tandon steals Fulton’s thunder: The most important free exercise decision since 1990

SCOTUSBlog

Share On Feb. 24, 2020, the Supreme Court granted certiorari in Fulton v. City of Philadelphia , a case in which the petitioners and several amici are asking the Court to either (1) overrule Employment Division v. Smith , a 1990 decision holding that the free exercise clause does not provide a right to religious exemptions from general laws, or (2) sharply limit the impact of Smith by interpreting it as guaranteeing a “most favored nation” status for religious exemption claims.

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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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Walmart, Kanye West’s Yeezy LLC Clash Over Lookalike Logos

The Fashion Law

Early this year, counsel for Kanye West’s Yeezy LLC filed a trademark application for registration for a stylized sun rays graphic. Consisting of “eight dotted lines, each comprising three totally shaded circles, with a total of 24 circles, arranged at equal angles as rays from a sun,” Yeezy LLC’s asserts in its application that it intends to use the mark in connection with everything from clothing and retail store services, and musical sound recordings and streaming to hotel services and the co

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USPTO Grant Rate 2021

Patently O

by Dennis Crouch. The following chart provides one look at USPTO historic patent grant rate for patent applications filed over the past 20 years. The chart groups together patent applications as of their filing-month and then simply reports the percentage patented, abandoned, and still-pending. The red-line in the chat excludes the still pending applications and thus reports the grant rate of disposed-of applications.

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The Importance of Secure Communication and Collaboration in 2021

MyCase

Lawyers have an ethical obligation to preserve client confidentiality. For that reason, the need to protect client confidences has always been a top priority for lawyers. This means that when lawyers and their staff work remotely – a practice that has become commonplace due to the pandemic – it’s all the more imperative for lawyers to ensure that confidential client data is protected when communicating electronically.

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India dispatches: dire COVID crisis presents courts with constitutional dilemma

JURIST

JURIST EXCLUSIVE – As a second wave of COVID-19 rages across India, with more than a million new infections officially reported in the past few days, JURIST staff correspondent Neelabh Bist writes his first letter from Delhi reflecting on the profound constitutional challenge the surge of disease represents for India’s courts in their relationship to the executive as a new Chief Justice of the Supreme Court of India takes office.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Lawyer Tech Tips: Online Business Development Ideas to Try Today

Attorney at Work

Get ready to refresh your online business development toolkit. Our experts have recommendations. During the pandemic, lawyers have experienced changes in how they connect with people — including those who might need their services. So what are some of the best online business development options lawyers have been using, and that you could be using too?

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Google wins copyright clash with Oracle over computer code

SCOTUSBlog

The Supreme Court on Monday sided with Google over Oracle in a major copyright battle, ruling that Google’s copying of a portion of the Java SE computer program is protected as “fair use.” The ruling in Google v. Oracle was 6-2, with Justice Stephen Breyer. The post Google wins copyright clash with Oracle over computer code appeared first on SCOTUSblog.

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Unreliable Witness Testimony Resulted in 50 Years of Failed Justice: UK Study

The Crime Report

A major new study of more than 250 miscarriages of justice that have occurred in England and Wales over the last 50 years suggests that unreliable witness testimony has caused the most harm to the pursuit of justice than any other circumstances examined, reports Phys.org. The research also suggests that regulations governing the powers of police have been effective in reducing wrongful convictions caused by unreliable confessions and has led to a new publicly available database of over 350 convi

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A Running Timeline of Fashion and Luxury Mergers, Acquisitions & Investments

The Fashion Law

In November, a $1.15 billion deal came to light, bringing together Cartier’s parent company Richemont, Chinese e-commerce titan Alibaba, and fashion retail platform Farfetch. The headline-making transaction followed from reports that a “mega deal” was in the making. In addition to proving noteworthy because it brought together three very big names in the fashion sphere in furtherance of an effort that largely focuses on “providing luxury brands with enhanced access to the China market,” the alli

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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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How Law Firms Can Manage Changing Consumer Expectations

MyCase

Technology has shaped consumer expectations in recent years, particularly as smartphones continue to evolve and digital tools become a more integral part of our daily lives. People manage and execute many of their day-to-day activities online – whether on their phones or on a laptop or other device. With markedly increased remote interaction during the pandemic, legal services consumers will expect similar connection to and engagement with law firms in 2021 and beyond.

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Austria experienced unprecedented number of anti-Semitic incidents in 2020: report

JURIST

The Jewish Community of Vienna (IKG) recorded the largest-ever number of Austrian anti-Semitic incidents in 2020, detailing more than 580 incidents in its 2020 annual report released Monday. These incidents ranged from physical attacks and vandalism to verbal abuse and anti-Semitic commentary online, and notably included incidents linked to coronavirus lockdowns.

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The AIA Patents have Arrived

Patently O

by Dennis Crouch. The America Invents Act of 2011 included a major reshuffling of what counts as “prior art” against a given patent. 35 U.S.C. § 102 was substantially rewritten with a new focus on an application’s effective filing date, and zero focus on whether a patent applicant was the “first to invent.” The new law applies only to post-AIA patents.

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Biden to create bipartisan commission on Supreme Court reform

SCOTUSBlog

Share President Joe Biden will issue an executive order to create a commission to study potential reforms to the Supreme Court, the White House announced on Friday. The announcement fulfilled a campaign promise by the president, who last fall proposed the idea of a commission after he declined to endorse efforts by liberals to expand the Supreme Court – efforts that Justice Stephen Breyer criticized in a speech on Tuesday at Harvard Law School.

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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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SIX HARD DON’TS FOR RETAINER AGREEMENTS

My Shingle

Lawyers have reasonably discretion over what terms to include in a Retainer Agreement depending upon the type of case and applicable ethics rules. That said, there are some hard don’ts, i.e., terms that you don’t want to ever include. Here’s a quick sampling: 1.

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AI Applications for 5 Different Legal Fields

LawTechnologyToday

Artificial intelligence (AI) is one of the most revolutionary technologies ever to enter the business world. From finances to entertainment, AI is reshaping how many industries go about their work. But what about practicing law? While legal professionals have been slower to embrace this technology, AI for lawyers is a growing field. Legal firms spent approximately $12 billion on AI in 2017, and experts expect that figure to reach $85 billion by 2027.

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BYU Law Students Develop Web Resource To Address Flaws In Expungement Process

LawSites

Eight students in the LawX legal design lab at BYU Law have developed an online resource, called Goodbye Record , that is designed to address flaws in the process for expunging criminal records in Utah and potentially other states as well. I’ve written a number of times about LawX, a lab program launched in 2017 in which law students use design thinking to analyze and address critical issues in access to justice.

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US Supreme Court turns away firearms cases

JURIST

The US Supreme Court on Monday denied certiorari in three cases involving the restoration of gun ownership rights. The cases all involve a federal law (USC § 922(g)(1)) that imposes a lifetime ban on the ownership of firearms for persons convicted of crimes punishable by prison terms of more than one year, which includes many nonviolent crimes. The crimes in the three cases were driving under the influence , willfully making a false statement on tax returns , and criminal copyright violation and

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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.