June, 2021

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Germany passes law requiring corporate due diligence human rights, environment

JURIST

The German Parliament passed a law on Friday requiring large and medium-sized businesses to do their due diligence in combating human rights violations along their supply chain. The law introduces a shift to mandatory compliance with international norms on labor exploitation. The Bundestag adopted the draft law by a large majority. The law introduces obligations for companies above a certain size to adopt and implement due diligence procedures that prevent human rights and environmental abuses a

Diligence 285
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Fifth Circuit Grants Qualified Immunity To Officers Who Tased Man Soaked in Gasoline, Knowing it Would Light Him on Fire

EvidenceProf Blog

The qualified immunity doctrine insulates governmental agents from liability for unconstitutional acts as long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” The primary purpose of the doctrine.

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NCAA athletes win 9-0 on educational perks as Kavanaugh calls out ban on direct payments

SCOTUSBlog

Share The Supreme Court on Monday reshaped the relationship between universities and the athletes who play college sports. In an opinion by Justice Neil Gorsuch , the justices unanimously ruled that the National Collegiate Athletic Association cannot prohibit its member schools from providing athletes with certain forms of education-related benefits, such as paid post-graduate internships, scholarships for graduate school, or free laptops or musical instruments.

Education 145
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Bribes to Doctors Drove Addiction to Fentanyl-Based Painkillers: Court

The Crime Report

The case of Dr. Jeffrey Goldstein, an Upper East Side doctor who was sentenced to 57 months in federal prison last week in connection with a kickback scheme involving fentanyl, draws back the curtain on a different form of fentanyl abuse. Goldstein was prescribing Subsys, a potent fentanyl-based spray, in exchange for bribes and kickbacks from Subsys’s manufacturer, according to the United States Attorney’s Office for the Southern District of New York.

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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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Etsy to Acquire Second-Hand Shopping App Depop for $1.62 Billion in Bid for Gen-Z

The Fashion Law

In a quest to target Gen-Z consumers (i.e., those born between the late 1990s and the early 2010s), who are driving both social shopping and largescale pushes in sustainability, Etsy announced that it will acquire burgeoning British shopping app Depop for $1.62 billion. Since its founding in 2011, London-based Depop has made its name in the pre-owned fashion space, garnering some 30 million registered users across 150 countries who can buy and sell apparel and accessories by way of its consumer-

Laws 145

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Hundreds of bodies discovered at former Canada residential school for Indigenous children

JURIST

The Cowessess First Nation announced the discovery of 751 unmarked graves near the site of the Marieval Indian Residential School, approximately 160km east of Regina, Saskatchewan, on Thursday. The bodies were found using ground-penetrating sonar across an area of 44 square kilometers. The site is believed to have been a cemetery for victims of the residential school, which operated from 1899 to 1996.

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Court of Appeals of Maryland Finds Defense Attorneys Couldn't Have Discovered Baltimore Ballistics Expert's Lies Before 2007

EvidenceProf Blog

According to a newspaper article headlined, “Police expert lied about credentials,” by Jennifer McMenamin, published 9 March 2007, in the Baltimore Sun, Kopera claimed in court to have degrees that he had not earned in fact. Kopera testified frequently that.

Attorney 299
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Justices unanimously rule against asylum seekers on question of credibility

SCOTUSBlog

Share The Supreme Court on Tuesday sided with the federal government in a dispute over when federal courts can treat asylum seekers’ testimony as credible. In a unanimous opinion in the consolidated cases of Garland v. Dai and Garland v. Alcaraz-Enriquez , the court rejected the approach of the U.S. Court of Appeals for the 9th Circuit, which had previously taken asylum seekers’ testimony as credible when reviewing cases where immigration courts were silent on applicants’ credibility.

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‘Invest in Communities’: A Gun Violence Researcher Finds Reason for Hope

The Crime Report

In 2019, The New York Times discovered a new trend: “Gun Research Is Suddenly Hot,” the paper of record declared. One of the up-and-coming gun researchers featured in the story was Shani Buggs, an assistant professor at the University of California, Davis. Shani Buggs. Buggs completed her doctorate in health and public policy at Johns Hopkins University.

Legal 145
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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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Consumers Are Confused About What “Sustainability” Means in Fashion, Per New Survey

The Fashion Law

Consumers are confused about sustainability in the fashion sphere. A new report from clean manufacturing firm Genomatica found that while “consumers in the United States want to make more environmentally-friendly choices when it comes to shopping for clothing,” a large portion of them are unsure where exactly they can to purchase sustainably-made apparel, and even more fundamentally, they are “confused about what makes something sustainable” in the first place, with one survey respondent stating

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New Ethics Principles Call for Proficiency in Technology, Caution in Social Media, for Canadian Judges

LawSites

Two years ago, I wrote a column calling for the duty of technology — which applies to lawyers in 39 states — to be extended to judges. While that has not happened in the United States, it has now happened in Canada. Yesterday, the Canadian Judicial Council published a new and modernized edition of its Ethical Principles for Judges, a set of ethical guidelines for federally appointed judges, originally published in 1998, that cover issues of independence, integrity and respect, diligence and comp

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UN rights chief condemns Ethiopia for ‘dire’ humanitarian situation

JURIST

UN High Commissioner for Human Rights Michelle Bachelet condemned the humanitarian crisis in Tigray, Ethiopia, in a statement delivered Monday at the forty-seventh session of the Human Rights Council. Bachelet said that Eritrean soldiers in Tigray “perpetrate violations of human rights and humanitarian law.” The UN estimates that more than 350,000 persons in Tigray are living in a famine.

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NFTs And The Law: What Do I Actually Own?

LawTechnologyToday

On March 11, 2021, the esteemed Christie’s auction house sold a digital artwork (titled Everydays ) by an artist named Beeple for $69,346,250 USD. Beeple (real name, Mike Winkelmann) is a well-known and prolific online digital author. But he’s not exactly Vincent Van Gogh and prior to October 2020, had never sold a piece for more than $100. Strange, to say the least.

Laws 140
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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Court unanimously holds that Indian tribes retain the inherent power to police non-Indians

SCOTUSBlog

Share In its first major opinion on the scope of American Indian tribes’ sovereign powers in decades, the Supreme court held on Tuesday in United States v. Cooley that tribal governments — and thus their police officers — have the power to search and temporarily detain non-Indians suspected of breaking federal or state laws within reservations. Justice Stephen Breyer wrote the opinion for the court.

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Is Law Enforcement Ready for Self-Driving Cars?

The Crime Report

Within a decade or less, thousands of self-driving cars could be zooming on American highways, but law enforcement is still a long way from addressing the safety and criminal issues posed by sharing the road with traditional vehicles, warns a panel convened by the National Institute of Justice (NIJ). The panel, comprising researchers from the RAND Corporation and the Police Executive Research Forum (PERF), as well as selected police, industry and traffic safety leaders, recently identified 33 ch

Laws 145
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Amid an Existing Opposition Battle, adidas Files Suit Against Thom Browne Over Stripe Trademarks

The Fashion Law

Adidas is suing Thom Browne in the latest battle that it has waged over its famous three stripes. According to the trademark infringement and dilution complaint that it filed in a New York federal court on Monday, adidas claims that “despite Thom Browne’s knowledge of adidas’s rights in the famous three-stripe mark,” which adidas has been using since as early as 1952, adidas claims that the New York-based brand “has expanded its product offerings far beyond” its staple “formal wear a

Laws 140
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Flipping Bird During Zoom Hearing Costs Lawyer $3,000

LawSites

These days, the duty of technology competence requires lawyers not only to know how to use Zoom, but also to remember that it can record you. It seems a lawyer inconveniently forgot that fact when he flipped the bird during his opponent’s appellate argument on Zoom, and then denied it. It was an expensive lesson, as the combination of those two acts — of flipping the bird and then denying it — cost him $3,000.

Lawyer 143
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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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US Supreme Court blocks child slavery lawsuit against Nestlé, Cargill

JURIST

The US Supreme Court on Thursday reversed a ruling that allowed several individuals to sue food corporations Nestlé USA and Cargill over child slavery claims, limiting corporate liability under the Alien Tort Statute. The case which the Supreme Court decided was Nestlé USA, Inc. v. Doe I, consolidated with Cargill, Inc. v. Doe I. In these cases, the unnamed plaintiffs alleged that Nestlé and Cargill were complicit in the use of child slave labor on cocoa farms in the Ivory Coast.

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First Department Spanks Rudy Guiliani. Does He Care? You Bet.

Above The Law

The court found that Giuliani committed such egregious violations of the rules of professional conduct that his immediate suspension was necessary to avoid 'continuing misconduct.'.

Court 139
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Justices scuttle lawsuit against Nestlé, Cargill for allegedly aiding child slavery abroad

SCOTUSBlog

Share The Supreme Court on Thursday threw out a lawsuit alleging that two U.S.-based companies, Nestlé and Cargill, facilitated human-rights abuses on cocoa plantations in the Ivory Coast. By a vote of 8-1, the justices ruled that the lawsuit cannot go forward because it is based on conduct that occurred overseas. Although the decision was obviously a victory for the two companies, it was not the sweeping one that the business community had sought.

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Restorative Justice More Effective than Incarceration in Hate Crimes: Report

The Crime Report

To address hate crimes, restorative justice approaches may offer a more effective solution than carceral ones, according to a joint report by Stanford Law School (SLS) and the Brennan Center for Justice at New York University Law School. Titled “Exploring Alternative Approaches to Hate Crimes,” the report evaluated programs in New York City and Oakland, Ca., conclued that “alternative” approaches “may offer a way to identify and mend the unique individual and community harms caused by hate crime

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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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Lawyer Tech Tips: Ways to (Really) Get Away This Summer

Attorney at Work

Whether you travel near or far, physically or virtually, here are some tips from our tech experts on getting away from it all. Summer’s here and the country’s reopening around us. A time like this will inspire many lawyers and staff members to take a family road trip, spend time off at a nearby beach town, or hop a plane to a farther-away dream spot.

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Intapp, Tech Provider to Legal and Financial Firms, Files Papers for IPO

LawSites

Palo Alto, Calif., based Intapp , a major provider of cloud-based business applications for larger law firms and financial services firms, filed papers Friday with the U.S. Securities and Exchange Commission for a proposed initial public offering of its common stock. For the legal technology industry, where IPOs have been few and far between, the news is significant.

Legal 140
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Canada lawyers seek ICC investigation of mass grave at former residential school

JURIST

A group of Canadian lawyers has formally requested the International Criminal Court (ICC) to investigate the Vatican and the Canadian government for crimes against humanity following the discovery of the remains of 215 children at a former residential school in Kamloops, British Columbia. If the investigation proceeds, it could lead to the prosecution of employees and agents of the Catholic Church and Government of Canada who were involved in either the creation of the residential school or the

Lawyer 245
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Can You Sue for Injuries if You Were Hit by a Self-Driving Car?

LegalReader

As of now, very little information is known about what monetary judgements courts will typically reward. That’s because the manufacturing companies and rideshares have been overly willing to settle these cases outside of court.

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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.