Tue.Jul 26, 2022

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Should Police Need a Warrant to Search Your Phone?

The Crime Report

Antonio Futrell, who exchanged gunfire with a security guard after leaving his phone in a Hampton, Va., restaurant and not being let in to retrieve it, hopes to convince the Supreme Court to decide that police need to get a warrant before searching a cell phone that was left behind, reports Fox 5 DC. After exchanging fire, Futrell fled the scene and his phone, which was unlocked, was given to police.

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BioNTech, Pfizer seek declaratory judgment against CureVac COVID-19 vaccine patent infringement claims

JURIST

Biotech giants BioNTech and Pfizer Monday filed a complaint for declaratory judgment of noninfringement in the US District Court of Massachusetts. The companies seek to quell claims by CureVac of intellectual property violations. BioNTech and Pfizer collaborated in the development and distribution of their COVID-19 vaccine. The Pfizer-BioNTech vaccine, trademarked as COMIRNATY ®, was the first successful mRNA drug product approved in the United States and was expedited on an emergency basis by

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Eleventh Circuit Finds No Issue With Allen Instruction to Jury That Deadlocked Three Times

EvidenceProf Blog

In federal court (and in about half of state courts), when a jury is initially deadlocked, the judge can give them an Allen charge instructing the jury to keep deliberating. That said, a judge cannot give jurors an Allen charge.

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UK announces sanctions against individuals supporting Russia invasion of Ukraine

JURIST

The UK Tuesday announced new sanctions against Russian-installed officials in the Luhansk and Donetsk regions of Ukraine. UK Foreign Secretary Liz Truss said the sanctions are designed to hold Kremlin-appointed officials accountable for their efforts to suppress the freedoms of Ukrainians and Russians. The latest addition to the UK’s sanction regime against Russia includes four different categories of individuals: Russian-installed officials in the Luhansk and Donetsk regions, Russian regi

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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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“30 days since Roe was overturned: How the country has changed; At least 13 states have ceased nearly all abortion services.”

HowAppealing

“30 days since Roe was overturned: How the country has changed; At least 13 states have ceased nearly all abortion services.” Mary Kekatos of ABC News has this report.

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“Retrenchment of the Federal Right to Abortion: How Dobbs Threatens National Security.”

HowAppealing

“Retrenchment of the Federal Right to Abortion: How Dobbs Threatens National Security.” Heather Zimmerman and Justin Cole have this blog post at “Just Security.

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US Appeals Court rules Pfizer plan to cover heart medication copays violates US law

JURIST

The US Court of Appeals for the Second Circuit Monday rejected an appeal from Pfizer Inc. after the Department of Health and Human Services (DHHS) said that Pfizer’s plan to cover patients’ copays for its heart failure medications violated US law. The medications cost an estimated $13,000 per year, with many patients who need them unable to afford the price.

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“The Supreme Court Is Making America Ungovernable; The West Virginia v. EPA ruling signals a future in which no one in power has the ability to tackle the biggest issues society faces”

HowAppealing

“The Supreme Court Is Making America Ungovernable; The West Virginia v. EPA ruling signals a future in which no one in power has the ability to tackle the biggest issues society faces”: Law professor Lisa Heinzerling has this essay online at The Atlantic.

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Pope Francis apologizes for abuse of Indigenous children in Canada residential schools

JURIST

Pope Francis Monday issued an apology to the Indigenous community of Canada for the Catholic Church’s role in the abuse Indigenous children suffered in religious boarding schools for almost 150 years. Beginning in the 1800s, thousands of Indigenous children were systematically taken from their homes and families and placed into residential boarding schools.

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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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“Why Exceptions for the Life of the Mother Have Disappeared: The absence of these exemptions is a sign of the anti-abortion-rights movement’s distrust of women and the medical establishment.”

HowAppealing

“Why Exceptions for the Life of the Mother Have Disappeared: The absence of these exemptions is a sign of the anti-abortion-rights movement’s distrust of women and the medical establishment.” Law professor Mary Ziegler has this essay online at The Atlantic.

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J.D. Vance Is A Joke But His Backwards Ideas About Domestic Violence Aren’t Funny

Above The Law

Don't take marriage advice from J.D. Vance. The post J.D. Vance Is A Joke But His Backwards Ideas About Domestic Violence Aren’t Funny appeared first on Above the Law.

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“Obamacare back in court as Texans challenge coverage for STDs and HIV care; The GOP’s decade-plus war against the health law continues with lawsuit over coverage requirement for testing, vaccines and PrEP”

HowAppealing

“Obamacare back in court as Texans challenge coverage for STDs and HIV care; The GOP’s decade-plus war against the health law continues with lawsuit over coverage requirement for testing, vaccines and PrEP”: Alice Miranda Ollstein of Politico has this report.

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Manufacturing A Bail Reform ‘Scandal’ Works A Lot Better When Your Campaign Co-Chair Isn’t The One Doing It

Above The Law

I'm sure KittyGate looked a lot better on paper. The post Manufacturing A Bail Reform ‘Scandal’ Works A Lot Better When Your Campaign Co-Chair Isn’t The One Doing It appeared first on Above the 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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“My Latest Theory About The SCOTUS Leaker: Is it possible that even the Politico reporters who published the Dobbs draft don’t know the identity of their source?”

HowAppealing

“My Latest Theory About The SCOTUS Leaker: Is it possible that even the Politico reporters who published the Dobbs draft don’t know the identity of their source?” David Lat has this post at his “Original Jurisdiction” Substack site.

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The Dobbs Fallout Shows That Court Decisions Depend More On Machiavelli Than The Founding Fathersmore

Above The Law

Instead of applying the Lemon Test, I just pray to Joe Pesci. First of all, I think he's a good actor. The post The <em>Dobbs </em>Fallout Shows That Court Decisions Depend More On Machiavelli Than The Founding Fathersmore appeared first on Above the Law.

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“New York High Court Judge Says She’s Now Ready to Be Vaccinated for COVID; Judge Jenny Rivera has been participating remotely for months because she has declined to be vaccinated; Her decision to change that stance—based on the availability of a new type of vaccine—may remove an impediment to her serving as interim chief judge, if she is chosen by her colleagues on the state’s highest court”

HowAppealing

“New York High Court Judge Says She’s Now Ready to Be Vaccinated for COVID; Judge Jenny Rivera has been participating remotely for months because she has declined to be vaccinated; Her decision to change that stance — based on the availability of a new type of vaccine — may remove an impediment to her serving as interim chief judge, if she is chosen by her colleagues on the state’s highest court”: Brian Lee of the New York Law Journal has this report.

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Exterro Joins Billion-Dollar Club And Eyes Even More Growth Before Going Public

Above The Law

Maybe next year. The post Exterro Joins Billion-Dollar Club And Eyes Even More Growth Before Going Public appeared first on Above the Law.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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“Justice Tamika Montgomery-Reeves — Nominee to the U.S. Court of Appeals for the Third Circuit”

HowAppealing

“Justice Tamika Montgomery-Reeves — Nominee to the U.S. Court of Appeals for the Third Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.

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Judge Resigns And Somehow It’s NOT Over The Drunken Shooting At White Castle

Above The Law

See, maybe the first red flag should've been enough. The post Judge Resigns And Somehow It’s NOT Over The Drunken Shooting At White Castle appeared first on Above the Law.

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“Conservative judges urge Supreme Court to revive law making it a crime to encourage undocumented immigrants to stay in the U.S.”

HowAppealing

“Conservative judges urge Supreme Court to revive law making it a crime to encourage undocumented immigrants to stay in the U.S.” Bob Egelko of The San Francisco Chronicle has this report on an order , accompanied by concurring and dissenting opinions, denying rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

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The Bar Exam’s Motherhood Penalty Is A Barrier To Entry For The Legal Profession

Above The Law

The bar exam is here to break your spirit once again. The post The Bar Exam’s Motherhood Penalty Is A Barrier To Entry For The Legal Profession appeared first on Above the Law.

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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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“Texas Lawyer Behind Abortion Ban Takes Aim at HIV Prevention; Access to Gilead life-saving drugs put at risk by lawsuit; US says if mandate struck down health costs will rise”

HowAppealing

“Texas Lawyer Behind Abortion Ban Takes Aim at HIV Prevention; Access to Gilead life-saving drugs put at risk by lawsuit; US says if mandate struck down health costs will rise”: Erik Larson and Janet Miranda of Bloomberg News have this report.

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Vancouver Opens Legal Fentanyl Dispensary

The Crime Report

A new program in Vancouver, Canada aims to provide a safer alternative to the fentanyl available on the streets, where the supply is increasingly lethal and is responsible for most of the ongoing overdose epidemic, with a legal dispensary financed by Canada’s public health system, reports the New York Times. Pharmaceutical-grade fentanyl is offered through the dispensary, which sells to those who can pay and provides free drugs through the program’s operational budget to those who cannot.

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“Because of Texas abortion law, her wanted pregnancy became a medical nightmare”

HowAppealing

“Because of Texas abortion law, her wanted pregnancy became a medical nightmare”: Carrie Feibel had this audio segment on today’s broadcast of NPR’s “Morning Edition.

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Study Finds Racial Bias in Prosecuting Theft

The Crime Report

African-American men in an upstate New York city are disproportionately targeted in larceny investigations, according to a Binghamton University study, reports BingUNews. Sean G. Massey, Binghamton Associate Professor of Women, Gender and Sexuality Studies and the lead author of “Race, Excess Suspicion, and Larceny in Upstate NY,” found that while Black men are arrested and convicted at approximately the same rate as white men, they often face harsher sentences.

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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.