Sun.Aug 29, 2021

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Florida judge rules against governor’s sanctions for schools with mask mandates

JURIST

Circuit Court Judge John Cooper on Friday verbally ruled against Florida Governor Ron DeSantis’ (R) planned retribution against local school districts that implement masking requirements. Judge Cooper’s ruling will effectively prevent DeSantis from sanctioning school districts that impose such requirements because doing so would violate H.B. 241, also known as the Parents’ Bill of Rights.

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Alice Corp v. CLS Bank: When Two Become One

Patently O

by Dennis Crouch. The Alice test officially includes two steps. But these are highly correlated steps. Thus, if a claim fails step one, it usually fails step two as well. In this case, the court appears to borrow heavily from typical step two analysis in order to make its step one conclusion: Universal Secure Registry v. Apple and Visa ( Fed. Cir. 2021 ).

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Trending Sources

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Australia environment court orders authorities to address climate change

JURIST

The Land and Environment Court of New South Wales on Thursday ruled that the NSW Environment Protection Authority (NSW EPA) had failed in its duty to ensure the protection of the environment from climate change, and further ordered the environmental watchdog to develop “environmental quality objectives, guidelines and policies to ensure environment protection from climate change”.

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“Texas abortion law that bans procedure as early as six weeks set to go into effect after court cancels hearing, denies motions; Senate Bill 8 is poised to officially become law on Wednesday”

HowAppealing

“Texas abortion law that bans procedure as early as six weeks set to go into effect after court cancels hearing, denies motions; Senate Bill 8 is poised to officially become law on Wednesday”: Neelam Bohra of The Texas Tribune has this report about orders that the U.S. Court of Appeals for the Fifth Circuit issued Friday and today.

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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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Amnesty urges Tunisia president to end the use arbitrary travel bans

JURIST

Amnesty International (AI) released a statement Thursday detailing cases of at least 50 people who were arbitrarily banned from traveling out of Tunisia over the last month. AI records showed that president Kai Saied has made extensive use of travel bans in the first month since he assumed exceptional powers. AI stated that the number of people so detained could be much higher and includes judges, state officials, civil servants, businessmen, and a parliamentarian.

Legal 118

More Trending

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California panel recommends Robert F. Kennedy assassin for parole

JURIST

A two-person panel of the California Board of Parole Hearings on Friday recommended for parole Sirhan Sirhan, the man convicted of assassinating Senator Robert F. Kennedy in 1968. Sirhan was convicted of first-degree murder and sentenced to death for the killing of RFK. Sirhan’s sentence was reduced to life with the possibility of parole when California abolished the death penalty.

Legal 104
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“Judicial Notice (08.28.21): ‘Whatever’; An appellate argument fail, a celebrity lawyer leaves his longtime firm, and other legal news from the week that was.”

HowAppealing

“Judicial Notice (08.28.21): ‘Whatever’; An appellate argument fail, a celebrity lawyer leaves his longtime firm, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Lawyer 100
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India high court issues notice to government in WhatsApp challenge against new technology rules

JURIST

The Delhi High Court issued a notice to the Indian central government on Friday, seeking a reply to WhatsApp’s challenge against the new Information Technology Rules which were created by the government in February 2021. Tech companies have challenged the constitutionality of Rule 4(2) and related provisions requiring social media intermediaries to identify the first originator of information shared on their platforms upon request by government authorities.

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Holmes' Mental State Key To Fraud Defense, Legal Pros Say

Law 360

Former Theranos CEO Elizabeth Holmes' defense in her upcoming criminal fraud trial will likely hinge on her mental state during the blood-testing startup's rise and the role Theranos' high-profile board members and corporate counsel played in advising her before its collapse, according to legal experts.

Legal 97
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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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Sharing Profits is Not Enough Professor Reich

Corporate Governance

Sharing Profits is Not Enough Professor Reich but you are getting warmer. Your hook was that Sears workers owned 25%. Then you imagine what that magnitude of ownership could mean at Amazon. The spoiler was you then began touting cash bonuses, rather than stocks. True, having ALL retirement tied to one stock is risky. That […]. The post Sharing Profits is Not Enough Professor Reich appeared first on Corporate Governance.

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This Week in Regulation for Broadcasters: August 21, 2021 to August 27, 2021

Broadcast Law Blog

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations. On Friday, the FCC released its decision setting 2021 annual regulatory fees. In a win for broadcasters, the NAB and other broadcast groups convinced the FCC to lower the broadcast fees that the FCC had initially proposed, avoiding a proposed significant increase in the fees on radio.

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#FlushPGDirectors For ESG Failure

Corporate Governance

#FlushPGDirectors is the creative hashtag used by a coalition calling on Procter & Gamble (Ticker: PG) to vote against Angela Braly and James McNerney, key Directors. This is because they have failed to address ESG human rights and environmental violations in supply chains. BlackRock, Vanguard, and State Street have made bold commitments to use their […].

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DOJ Re-Brands Guidance Documents

FDA Law Blog

By Anne K. Walsh & JP Ellison — Companies often use rebranding to reposition and refocus their business. Sometimes they do it with great fanfare; sometimes it is done quietly and incrementally. The federal government does its own version of rebranding with each change in administration. Just before the July 4 holiday weekend, DOJ quietly rebranded the role of guidance documents, reversing two distinct but related policies regarding such documents.

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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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China: Social insurance for foreigners in Shanghai: Current practice continued? - Acclime

Mondaq

While there are developments, in practice nothing has changed yet regarding social insurance for foreigners in Shanghai.

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Australian Council Was Concerned Over People Getting Covid When Visiting Dog Shelter. So They Killed The Dogs

JonathanTurley

As many of you know, I am a fanatical dog lover so this story sent me into a high orbit. In Australia, the Bourke Shire Council in the northwestern part of the state of New South Wales was concerned that people might get or spread Covid when visiting an animal center for dogs. Various solutions would seem to come to mind from virtual viewings to proof of Covid tests.

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Australia: Afghan evacuation process - Hammond Taylor

Mondaq

This process hopefully may help to evacuate a family member from Afghanistan if he/she has a pending visa application.

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“Oppressive” Word Alert: Brandeis University Warns That “Trigger Warnings” Can Be Triggering

JonathanTurley

It is now common for universities to list offensive terms to be avoided by faculty and students, as we have previously discussed at schools like Michigan , James Madison , and Berkeley. Now, Brandeis has issued a list of “oppressive” words that include such expressions as “killing two birds with one stone” and “beating a dead horse.” However, the school did not issue a trigger warning because “trigger warning” is now on the list as. well. triggering.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Australia: Enterprise value v Equity value: explaining commonly misunderstood concepts in business valuation - BRI Ferrier

Mondaq

The article explains the key difference between Enterprise value and Equity value, and how each value is relevant.

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Medical Debt Purchased by Debt Buyers for Pennies on the Dollar, but Sue For the Full Amount

Diane Drain

Dirty Little Secret – medical bills are the highest they have ever been and debtor buyers are paying pennies on the dollar to purchase the debts, but then sue the borrower for the full amount of the debt. Article Yahoo!Finance, Adriana Belmone, June 21, 2021. “Medical debt is the no. 1 cause of bankruptcy in the United States, which is something that’s obviously a uniquely American problem,” Allison Sesso, executive director of RIP Medical Debt, said on Yahoo Finance Live.

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Australia: Updated professional practice guideline for psychiatrists providing reports and conducting medico-legal examinations - Gilchrist Connell

Mondaq

The Guideline provides a basic standard of practice to assist psychiatrists in observing their professional obligations.

Legal 40
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“As Washington Stews, State Legislatures Increasingly Shape American Politics; From voting rights to the culture wars, state legislatures controlled by Republicans are playing a role well beyond their own state borders”

HowAppealing

“As Washington Stews, State Legislatures Increasingly Shape American Politics; From voting rights to the culture wars, state legislatures controlled by Republicans are playing a role well beyond their own state borders”: Michael Wines of The New York Times 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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Australia: Keeping the lights on and costs down: Renewable energy policy - McCullough Robertson

Mondaq

Despite investment in renewable capacity, there is still not enough capacity to ensure a reliable and affordable grid.

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San Diego Proposal On Combatting Covid “Misinformation” Triggers Free Speech Concerns

JonathanTurley

There is growing controversy in San Diego after the county board of supervisors introduced a proposal to declare “health misinformation a public health crisis” and enact measures to try to “combat” views deemed untrue or misleading. As a free speech advocate, I do not share some of the objections made to the proposals. However, one item is deeply concerning.

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Australia: Case update: Lodging caveats with no basis is an expensive mistake - Madgwicks

Mondaq

The Court will only allow a caveat to remain on a property where there is a clear interest in the land.

Court 40
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“Biden’s Supreme Court losses prompt more ‘shadow docket’ scrutiny”

HowAppealing

“Biden’s Supreme Court losses prompt more ‘shadow docket’ scrutiny”: Lawrence Hurley of Reuters has this report. Joan Biskupic of CNN reports that “ Conservative-dominated bench denies Biden same deference it once gave Trump.” And earlier in the week, online at The Washington Post, law professor Steve Vladeck had an essay titled “ The Supreme Court’s ‘shadow docket’ helped Trump 28 times.

Court 100
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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.