Sun.Mar 27, 2022

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Overlap of Enablement and Eligibility

Patently O

New pending petition for certiorari in Interactive Wearables, LLC v. Polar Electro Oy , 21-1281 (Supreme Court 2022) on patent eligibility grounds. Question presented: The patents-in-suit are directed to an electronics hardware device comprising a content player/remote-control combination having numerous concretely-recited components that undisputedly qualifies as a “machine” or “manufacture” under the statutory language of 35 U.S.C. § 101.

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“Ketanji Brown Jackson’s unflappable brilliance seals the deal. Confirm her swiftly.”

HowAppealing

“Ketanji Brown Jackson’s unflappable brilliance seals the deal. Confirm her swiftly.” This editorial appears in today’s edition of The Los Angeles Times.

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Trending Sources

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Pete Recommends Weekly highlights on cyber security issues, March 26, 2022

LLRX

Privacy and cybersecurity issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness.

Education 104
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“If every judge is an originalist, originalism is meaningless; Ketanji Brown Jackson is the latest liberal to embrace an approach once associated with conservatives”

HowAppealing

“If every judge is an originalist, originalism is meaningless; Ketanji Brown Jackson is the latest liberal to embrace an approach once associated with conservatives”: Law professors Conor Casey and Adrian Vermeule have this essay in the Outlook section of today’s edition of The Washington Post.

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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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Law360 Reveals Titans Of The Plaintiffs Bar

Law 360

In the past year, major entities such as McKesson Corp., the state of Michigan and USA Gymnastics settled for millions of dollars in high-profile litigation involving opioids, lead-tainted water and sexual assault. Such cases and many others were led by a group of attorneys whose accomplishments helped them earn a spot on Law360's annual Titans of the Plaintiffs Bar for 2022.

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Ethics Principles Call For Justice Thomas Recusal On Election

Law 360

While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.

Statute 97
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“A New Abortion Battleground, in South Dakota; With Roe v. Wade on the chopping block, could reproductive rights be shrunk to the size of a pill?”

HowAppealing

“A New Abortion Battleground, in South Dakota; With Roe v. Wade on the chopping block, could reproductive rights be shrunk to the size of a pill?” Peter Slevin has this post online at The New Yorker.

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This Week in Regulation for Broadcasters:  March 19, 2022 to March 25, 2022

Broadcast Law Blog

Here are some of the regulatory developments of significance to broadcasters from the last week, and two important deadlines in the week ahead, with links to where you can go to find more information as to how these actions may affect your operations. The FCC Enforcement Bureau this week announced its latest round of random EEO audits. More than 250 radio and TV stations were randomly selected for an audit of their EEO performance.

Felony 88
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“The Supreme Court’s Clarence and Ginni Thomas Scandal Is Unprecedented; Justice Clarence Thomas voted to block the public from knowing more about his wife Virginia Thomas’s role in the January insurrection; It’s a crisis”

HowAppealing

“The Supreme Court’s Clarence and Ginni Thomas Scandal Is Unprecedented; Justice Clarence Thomas voted to block the public from knowing more about his wife Virginia Thomas’s role in the January insurrection; It’s a crisis”: Andrew Cohen has this essay online at Rolling Stone.

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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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Australia: Fair Work Commission power to stop sexual harassment - Coleman Greig Lawyers

Mondaq

The FWC may make orders to stop bullying or sexual harassment in the workplace, or it could dismiss the application.

Lawyer 75
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“The Supreme Court has a giant legitimacy crisis, which means so does America; A runaway Supreme Court facing a massive conflict-of-interest scandal and increasing politicization is testing faith in the American Experiment”

HowAppealing

“The Supreme Court has a giant legitimacy crisis, which means so does America; A runaway Supreme Court facing a massive conflict-of-interest scandal and increasing politicization is testing faith in the American Experiment”: Columnist Will Bunch has this essay online at The Philadelphia Inquirer.

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Australia: Domestic violence offenders to be electronically tracked - Astor Legal

Mondaq

Domestic violence offenders will be electronically tracked, after government announced a $104 million funding package.

Legal 52
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“By trashing Jackson, the GOP magnified a right-wing court’s legitimacy problem”

HowAppealing

“By trashing Jackson, the GOP magnified a right-wing court’s legitimacy problem”: Columnist E.J. Dionne Jr. has this essay online at The Washington Post.

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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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Canada: Stumped! Ontario Court Sets Aside Arbitral Award Due To Inadequate Reasons - McCarthy Tétrault LLP

Mondaq

In Alberta Cricket Association v. Alberta Cricket Council, 2021 ONSC 8451, Justice Perell of the Ontario Superior Court of Justice set aside an arbitral award on the basis that that the Arbitrator failed to provide adequate reasons and did not provide an explanation for the award.

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“Does the Supreme Court Deserve Ketanji Brown Jackson?”

HowAppealing

“Does the Supreme Court Deserve Ketanji Brown Jackson?” Irin Carmon has this post at the “Intelligencer” blog of New York magazine.

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Canada: Homeowners v. Slip And Fall Claims - CLC (Canadian Litigation Counsel)

Mondaq

If you are a homeowner, the current cycle of warm daytime and freezing nighttime temperatures can be frustrating as you think you need to constantly maintain sidewalks and pathways on your property.

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“Ketanji Brown Jackson is the most popular Supreme Court nominee in years”

HowAppealing

“Ketanji Brown Jackson is the most popular Supreme Court nominee in years”: Harry Enten of CNN has this news analysis.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Australia: The historical offence of Act of Indecency in New South Wales - Sydney Criminal Lawyers

Mondaq

The offence of 'act of indecency' was replaced on 1 December 2018 by ‘sexual act', but still applies to earlier conduct.

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“Ivy League Republicans’ phony rebellion against the ‘elites'”

HowAppealing

“Ivy League Republicans’ phony rebellion against the ‘elites'”: Columnist Dana Milbank has this op-ed in today’s edition of The Washington Post.

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Australia: Temporary vs permanent injunctions in recent Federal Court patent infringement proceedings - Holding Redlich

Mondaq

An interlocutory injunction can be effective to restrict or limit the damage from a threatened infringement proceeding.

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“The Republicans’ Wild Attacks at Ketanji Brown Jackson’s Confirmation Hearing; The various moments when the Supreme Court nominee seemed to decide that she was not going to let herself be bullied were fascinating to watch”

HowAppealing

“The Republicans’ Wild Attacks at Ketanji Brown Jackson’s Confirmation Hearing; The various moments when the Supreme Court nominee seemed to decide that she was not going to let herself be bullied were fascinating to watch”: Amy Davidson Sorkin has this post online at The New Yorker.

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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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Australia: Liability for defects when new builder takes over: Lichaa v Boutros [2021] NSWCA 322 - Piper Alderman

Mondaq

Builder A should not assume that he will be excused from liability for defects when a subsequent builder B takes over.

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“The Respectful Supreme Court Hearing That Wasn’t; Republicans’ hostile interrogation of Judge Ketanji Brown Jackson and relentless re-litigating of past Supreme Court feuds marred a historic moment”

HowAppealing

“The Respectful Supreme Court Hearing That Wasn’t; Republicans’ hostile interrogation of Judge Ketanji Brown Jackson and relentless re-litigating of past Supreme Court feuds marred a historic moment”: Carl Hulse had this front page news analysis in Friday’s edition of The New York Times.

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Australia: Full Federal Court doubles down on pharmaceutical patent term extensions - Spruson & Ferguson

Mondaq

The decisions of Ono and MSD both provide some much-needed clarity regarding how PTE provisions are to be construed.

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“Republicans won’t be satisfied with overturning Roe; Ketanji Brown Jackson’s hearing offered a glimpse of upcoming culture war fights at the court”

HowAppealing

“Republicans won’t be satisfied with overturning Roe; Ketanji Brown Jackson’s hearing offered a glimpse of upcoming culture war fights at the court”: Law professor Melissa Murray has this essay in the Outlook section of today’s edition of The New York Times.

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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.