Wed.May 12, 2021

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Federal appeals court finds racist slur protected under First Amendment

JURIST

The US Court of Appeals for the Fourth Circuit found Tuesday that a racist slur used by a former military officer was protected speech under the First Amendment. In November 2018, former military officer Jules Bartow was shopping at the Quantico Marine Corps Exchange when he used a racist slur that generally seemed aimed at either an African American employee or an African American man in civilian clothes.

Court 245
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Judge Finds 4 Aggravating Factors in Derek Chauvin's Murder of George Floyd

EvidenceProf Blog

Today, Judge Peter Cahill found four aggravating factors beyond a reasonable doubt in connection with Derek Chauvin's conviction for second degree murder based on the death of George Floyd. Those factors are: (1) Chauvin abused a position of trust and.

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EU Parliament environmental committee approves climate change law

JURIST

Members of the European Parliament’s Committee on the Environment, Public Health and Food Safety (ENVI Committee) Monday approved a sweeping climate change law which aims to achieve climate neutrality in the European Union (EU). The 81-member committee adopted the law in a 52 to 24 vote after reaching a preliminary agreement with the European Council on April 20.

Laws 181
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“Justice Thomas’ reframing of Article III standing is catching on in circuit courts”

HowAppealing

“Justice Thomas’ reframing of Article III standing is catching on in circuit courts”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Court 100
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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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Federal judge dismisses NRA bankruptcy filing

JURIST

A judge for the US Bankruptcy Court for the Northern District of Texas dismissed the National Rifle Association’s (NRA) Chapter 11 bankruptcy filing on Tuesday, finding that the NRA did not file the petition in good faith. The decision focused on “whether the existential threat facing the NRA is the type of threat that the Bankruptcy Code is meant to protect against.” The NRA filed the Chapter 11 bankruptcy claim and announced a move to Texas after New York’s attorney gen

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US Treasury sanctions seven Lebanese nationals related to Hezbollah

JURIST

The US Department of Treasury’s Office of Foreign Assets Control imposed sanctions Tuesday against seven Lebanese nationals associated with Hezbollah and its financial arm, Al-Qard al-Hassan (AQAH). Hezbollah and AQAH were designated as Specially Designated Global Terrorists in 2001 and 2007, respectively. Andrea Gacki, Director of the Office of Foreign Assets Control, said, “from the highest levels of Hezbollah’s financial apparatus to working level individuals, Hizballah cont

Finance 104
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“Minnesota Woman Fights for Right to Film Kids at Parks; An Eighth Circuit panel was skeptical of a local ordinance requiring photographers to get permission to film children in public”

HowAppealing

“Minnesota Woman Fights for Right to Film Kids at Parks; An Eighth Circuit panel was skeptical of a local ordinance requiring photographers to get permission to film children in public”: Andy Monserud of Courthouse News Service has this report on an oral argument (access the audio via this link ) that a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit heard today.

Court 100
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UK police arrest environmental movement founder after protests against financial institutions

JURIST

Extinction Rebellion co-founder Gail Bradbrook was arrested Tuesday morning by London’s Metropolitan Police for conspiracy to cause criminal damage and fraud. The charges are related to last month’s protests against multiple banks , including HSBC and Barclays. Extinction Rebellion activists smashed the windows of banks in Canary Wharf and targeted Lloyd’s of London in what the group is calling a “Money Rebellion.

Finance 104
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“Please be advised that the June court session will be held both in person and by video. The Clerk’s Office will contact counsel to schedule arguments and provide details as early as possible.”

HowAppealing

“Please be advised that the June court session will be held both in person and by video. The Clerk’s Office will contact counsel to schedule arguments and provide details as early as possible.” The U.S. Court of Appeals for the Sixth Circuit issued this notice today.

Court 100
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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 Mental Health Risks of Secondhand Exposure to Police Violence

The Crime Report

In 1986, the Surgeon General released a report entitled The Health Consequences of Involuntary Smoking , concluding that secondhand smoke was a major health risk to nonsmokers. Since then, the research linking secondhand smoke to a host of health ills, including heart disease, lung cancer, and childhood asthma, has become even more robust. Current estimates are that it causes the premature death s of 41,000 adults and more than 400 infants each year.

Education 119
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“Officer responsible for fatal crash didn’t violate victim’s rights, judge rules”

HowAppealing

“Officer responsible for fatal crash didn’t violate victim’s rights, judge rules”: Olivia Covington of The Indiana Lawyer had this report back in March 2020 on a ruling that the U.S. District Court for the Northern District of Indiana issued earlier that month. Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this decision reversing the dismissal of various of the plaintiff’s claims.

Lawyer 100
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Vinted Raises $303 Million, Valuing the Resale Platform at $4.3 Billion

The Fashion Law

Vinted raised 250 million euros ($303 million) in a Series F round, the Vilnius, Lithuania-founded online resale platform announced on Wednesday. According to a release from Vinted, which got its start in 2008 and boasts some 45 million users, the company “operates in over 10 markets, and has become the largest online C2C marketplace in second-hand fashion across Europe,” and will use the funding from the latest EQT Growth-led round – one that values the resale upstart at $4.3 billion – to expan

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“Reforming the Court: Five Non-Partisan and Much Needed Proposals.”

HowAppealing

“Reforming the Court: Five Non-Partisan and Much Needed Proposals.” Eric Segall has this blog post at “Dorf on Law.

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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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Student Loan Debt ‘Cancellation’ May Feel More Like ‘Law School Coupon Day’ For New Lawyers

Above The Law

Despite a lot of talk, very few people have done anything tangible to address the student debt crisis in the legal profession.

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“Police arrest man suspected of Hawaii Supreme Court arson”

HowAppealing

“Police arrest man suspected of Hawaii Supreme Court arson”: The Honolulu Star-Advertiser has this report.

Court 113
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Q1 Sales Are Up for The RealReal, as Shoppers Opt for Fine Jewelry and “High-Value” Handbags

The Fashion Law

Sales are not only rebounding for luxury names like LVMH, Kering, and Hermes. The resale market is bouncing back from sweeping COVID-induced slumps, with The RealReal reporting $98.8 million in sales for the three-month period ending in March 31, an increase of 27 percent on a year-over-year basis. In its Q1 report this week, The RealReal revealed that in addition to boosted sales, its gross merchandise value – a “key” metric for the company that reflects the total value of the pre-owned luxury

Finance 108
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“Amid pandemic, U.S. Justice Clarence Thomas has a question or two”

HowAppealing

“Amid pandemic, U.S. Justice Clarence Thomas has a question or two”: Andrew Chung and Lawrence Hurley of Reuters have this report.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Utah Sandbox OKs Two Programs Enabling Non-Lawyers To Give Legal Advice On Medical Debt

LawSites

Two non-profit pilot programs won approval this week under Utah’s regulatory sandbox to provide non-lawyer legal assistance to individuals with medical debt. These are only the second and third non-profit projects to be approved to participate in the sandbox and the first in the nation to empower non-lawyers go give limited-scope legal advice about medical debt, according to Stacy Butler , director of the Innovation for Justice Program at the University of Arizona James E.

Legal 107
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7 Things to Look for When Choosing an Attorney

LegalReader

"If you walk away from an initial meeting unsure about the issues or what you'll be getting, it's probably worth talking to another attorney before making your choice." ~ Elliot Brown.

Attorney 105
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A Malpractice Avoidance Checklist

ALPS

If you were to collect everything I (and many others like me) have written on risk management for lawyers, I suspect the collection would fill a tome or two; but sometimes less is more. It is with this sentiment in mind that I offer this brief Malpractice Avoidance Checklist that covers the basics: Always try to do the following: _ With an eye toward maintaining client confidences, keep all spaces clients have access to tidied up. _ Run a preliminary conflict check at first contact with prospec

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By Chloe Co-Founder is Suing Bain Capital, Other Investors in Trademark Battle Over the Buzzy Vegan Brand

The Fashion Law

In the midst of a pre-existing play for control over “by Chloe,” the swiftly-growing vegan restaurant chain that she co-founded in 2015, Chloe Coscarelli has filed a trademark infringement lawsuit against private-equity firm Bain Capital LP and a number of the other big-name investors in furtherance of what Coscarelli calls a case about “a circle of greed.

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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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Lawyers Should Stop Gaslighting Each Other

Above The Law

Adversaries can often smell weakness and might make unreasonable demands while suggesting the other lawyer is crazy for calling them out.

Lawyer 117
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Second Female Inmate Accuses Lexington FMC Employee of Sexual Assault

LegalReader

For the second time in scarcely a week, a female inmate has accused an employee at the Lexington Federal Medical Center of sexual assault. According to The Lexington Herald-Leader, the lawsuit accuses Hosea Lee, a residential drug abuse program instructor at the Kentucky prison, of raping a female inmate. This complaint comes mere days after.

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Embryo Wars: Beware Of Reliance On Fertility Clinic Forms

Above The Law

The more that a clinic consent form can accurately capture the patients’ true intent, the more likely that decision can be used to resolve a future dispute.

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The Post-Pandemic Law Practice: What Lawyers Need to Know

MyCase

The pandemic and its effects have dramatically affected the practice of law and will undoubtedly continue to to have a long-term impact on how legal work is conducted in the years to come. For lawyers, it hasn’t always been easy navigating the practice of law during a worldwide pandemic. Remote working and the isolation it brings has taken its toll, as has learning new skillsets, whether it’s using new remote working technologies or figuring out how to best advocate for your clients

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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.