Thu.Jul 22, 2021

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Truth, Lies and Plea Bargaining

The Crime Report

Why would defendants plead guilty to a crime they haven’t committed? Often it’s to ensure fairer and more responsive treatment at the hands of a justice system that otherwise offers them few other options, says a Rutgers University law professor. In a forthcoming paper in the Georgia State University Law Review, Thea Johnson argues that lying is at the heart of a plea bargaining process that “allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply u

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Canada begins easing travel restrictions for fully vaccinated individuals

JURIST

The Public Health Agency of Canada announced Monday the easing of travel restrictions for fully vaccinated individuals starting August 9 for US citizens and permanent residents, and September 7 for other foreign nationals. All travelers are required to be fully vaccinated by Canadian standards at least 14 days prior to entering Canada. Acceptable vaccines by Canadian standards include those manufactured by Pfizer-BioNTech, Moderna, AstraZeneca/COVISHIELD, and Janssen (Johnson & Johnson).

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West Virginia Issues RFP for CMS/EDMS/E-Filing

CourtTechBulletin

The Supreme Court of Appeals of West Virginia is issuing a Request for Proposal (RFP) to acquire an electronic court case management solution comprised of case management, document management, and e-file management systems for the new Intermediate Court of Appeals created in 2021 by the West Virginia Legislature. The initial focus of the project will be on the new court with the possibility of future expansion to other levels of the West Virginia Judiciary.

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India court orders Delhi government to enforce promise made at press conference

JURIST

The High Court of Delhi ruled Thursday that a promise made by the Chief Minister of State during a press conference is an enforceable promise that has to be implemented by the government. On March 25, 2020, India announced a nationwide lockdown because of COVID-19. Consequently, Delhi witnessed a mass exodus of daily-wage workers leaving for their hometowns on foot due to lack of money and public transportation.

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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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Canada Goose is Suing Goose Country Over its “Confusingly Similar” Name, Lookalike Wares

The Fashion Law

Canada Goose is facing off against a similarly-named outerwear company that it claims is intentionally mimicking the “look and feel” of its products and logos. According to the complaint that it filed in a federal court in Illinois on June 30, Canada Goose claims that the like-named Goose Country is on the hook for trademark infringement, trademark dilution, unfair competition and false designation of origin, and unjust enrichment in connection with its continued sale of products that not only b

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“Will the Court Tame the Administrative State? This term showed substantial, if still only incremental, progress in taming the administrative state and cabining its scope.”

HowAppealing

“Will the Court Tame the Administrative State? This term showed substantial, if still only incremental, progress in taming the administrative state and cabining its scope.” John O. McGinnis has this post at the “Law & Liberty” blog.

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Hong Kong legislature commences discussions on anti-doxxing privacy bill

JURIST

The Legislative Council of Hong Kong Special Administration Region began discussions Wednesday on the Personal Data (Privacy) (Amendment) Bill , which focuses on tackling doxxing behaviour. The controversial bill has been a subject of criticism by technology giants and activists due to its implications on data privacy and freedom of expression. The Personal Data (Privacy) (Amendment) Bill, 2021, intends to punish anyone who discloses an individual’s personal data without consent with an in

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“Instagram is counting on controversial copyright test to save its image(s)”

HowAppealing

“Instagram is counting on controversial copyright test to save its image(s)”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

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Former Head Of LexisNexis and Bloomberg Law Named to Integreon’s Board

LawSites

Lou Andreozzi , the former chairman of Bloomberg Law and CEO of LexisNexis North American Legal Markets, has been appointed to the board of directors of global managed services provider Integreon , the company said today. The news comes a month after Integreon was acquired by the private equity firm EagleTree Capital. Integreon said that Andreozzi will serve on the board in a non-executive capacity, consulting with Integreon CEO Bob Rowe and other senior Integreon managers, as well as with the E

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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 Stephen Breyer Backfire: Efforts to bully him into retirement may end up having the opposite effect.”

HowAppealing

“The Stephen Breyer Backfire: Efforts to bully him into retirement may end up having the opposite effect.” Columnist Kimberley A. Strassel will have this op-ed in Friday’s edition of The Wall Street Journal.

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Only 43% of NYPD Officers are Vaccinated

The Crime Report

Only 43 percent of the New York Police Department (NYPD) has been vaccinated against COVID-19, trailing the city’s vaccination rate of 53 percent. An NYPD spokesperson relayed the vaccination rate among uniformed and civilian officers to the New York Post , adding that the force’s “internal messaging focuses on addressing rumors, misinformation and concerns with vaccination.

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“A Sixth Circuit Split on Appeals After Voluntary Dismissals; The Sixth Circuit dismissed an appeal when the plaintiff voluntarily dismissed her unresolved claims without prejudice; But the court avoided a finality trap”

HowAppealing

“A Sixth Circuit Split on Appeals After Voluntary Dismissals; The Sixth Circuit dismissed an appeal when the plaintiff voluntarily dismissed her unresolved claims without prejudice; But the court avoided a finality trap”: Bryan Lammon has this post at his “final decisions” blog about a decision that a divided three-judge panel of the U.S.

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Déjà Vu All Over Again

Above The Law

Given the latest snit fit (and rightfully so) that the California Legislature has about the bar right now, it is clear that the system still isn’t working right.

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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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“Mississippi asks the Supreme Court to overturn Roe v. Wade”

HowAppealing

“Mississippi asks the Supreme Court to overturn Roe v. Wade”: Ariane de Vogue of CNN has this report on the Brief for Petitioners that the State of Mississippi filed today in the U.S. Supreme Court.

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When Excellence Is a Team Effort, That’s Work Inspired

Attorney at Work

Today’s law firms need tools that eliminate busy work and keep teams focused on streamlined workflows and client outcomes and results. That’s Work Inspired. Reduce inbox congestion, keep lines of communication open, and streamline workflows to improve productivity and inspire your teams’ best work. Now, more than ever, you need tools that eliminate busy work and keep your teams focused on client outcomes and results — by helping them communicate, coordinate document feedback, and man

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“A Rule Against Fun”

HowAppealing

“A Rule Against Fun”: At the “Jotwell” blog, Richard Re reviews law professor Nina Varsava ‘s forthcoming law review article, titled “ Professional Irresponsibility and Judicial Opinions ,” in a post that begins: In recent months, federal judicial opinions have criticized “schlocky Star Wars sequels” or called circuit case law “a hot mess.” They have fondly recalled “[w]hen painter-turned-inventor Samuel Morse sent the first

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Don’t Film So Close To Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

The IP Law Blog

Over the past few weeks, there have been a number of news articles and stories about police officers playing popular music during a citizen/officer interaction that is being filmed by the citizen. For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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“10th Circuit Rejects Qualified Immunity Defense In Suit By Native American Inmates”

HowAppealing

“10th Circuit Rejects Qualified Immunity Defense In Suit By Native American Inmates”: Howard Friedman has this post at his “Religion Clause” blog about a decision that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.

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The morning read for Thursday, July 22

SCOTUSBlog

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com. Here’s the Thursday morning read: The Supreme Court Injects Partisan Politics Into Independent Agencies (Eric Singerman, NPR). Clarence Thomas Is the new Chief Justice (Jeffrey Toobin, CNN).

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“No More ‘Parker Immunity’ Appeals in the Eleventh Circuit; The en banc Eleventh Circuit overruled its precedent allowing appeals from rejections of antitrust’s state-action defense, which is often called Parker immunity”

HowAppealing

“No More ‘Parker Immunity’ Appeals in the Eleventh Circuit; The en banc Eleventh Circuit overruled its precedent allowing appeals from rejections of antitrust’s state-action defense, which is often called Parker immunity”: Bryan Lammon has this post at his “final decisions” blog. My earlier coverage of Tuesday’s en banc Eleventh Circuit ruling can be accessed here.

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Pennsylvania Supreme Court Says Amazon Must Pay Warehouse Workers for Security Checks

LegalReader

In their 5-2 split decision, the justices found that Amazon must abide by Pennsylvania's minimum wage laws, which are stricter than their federal counterparts.

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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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Fourth Circuit panel divides over whether Shady Grove excuses a Federal Tort Claims Act claimant from having to comply with West Virginia’s certificate of merit requirement for a medical negligence claim

HowAppealing

Fourth Circuit panel divides over whether Shady Grove excuses a Federal Tort Claims Act claimant from having to comply with West Virginia’s certificate of merit requirement for a medical negligence claim: You can access yesterday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.

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New Civilian Commission to Oversee Chicago Police

The Crime Report

The Chicago Police Department will be overseen soon by a commission of publicly elected community members, according to a recent ordinance overwhelmingly approved by the City Council, a development that strips city hall of the power it has wielded for decades over the scandal-prone department, reports the Washington Post. Frank Chapman of the Chicago Alliance Against Racist and Political Repression and nearly 100 others formed a coalition this year to craft the ordinance with several council mem

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“The federal judiciary need not accept a prisoner’s self-diagnosed skepticism about the COVID-19 vaccines as an adequate explanation for remaining unvaccinated, when the responsible agencies all deem vaccination safe and effective.”

HowAppealing

“The federal judiciary need not accept a prisoner’s self-diagnosed skepticism about the COVID-19 vaccines as an adequate explanation for remaining unvaccinated, when the responsible agencies all deem vaccination safe and effective.”: So explained Circuit Judge Frank H. Easterbrook in an opinion that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.

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Clearbrief CEO Jacqueline Schafer: Transforming Written Legal Arguments With AI

Attorney at Work

For a recent Reinventing Professionals podcast, I talked with Jacqueline Schafer, the founder and CEO of Clearbrief , a platform that uses AI to improve the accuracy of legal writing by identifying how well a writer’s sentence is supported by the source document. The company launched in 2020, and this March it announced a $1.2M seed round. Here are highlights from the interview.

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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.