Wed.Jul 21, 2021

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The Partners Want Us Back in the Office — Now What?

Attorney at Work

Despite the uncertainties and logistical concerns involved in a return to the office, businesses around the country are starting to fill their office space. This push to return to “normal” is inevitable, even as many employers, including law firms, struggle with evolving guidelines from the Centers for Disease Control and local authorities. But what should “normal” look like?

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US Ninth Circuit Court of Appeals rejects environmental challenge to DACA

JURIST

The Ninth Circuit Court of Appeals affirmed a lower court decision on Monday rejecting an environmental challenge to the Deferred Action for Childhood Arrivals (DACA) program. The plaintiffs are individuals and organizations who identify themselves as environmentalists and include natural resource conservation groups and cattle ranchers from Arizona, California, Colorado, and New Mexico.

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In New Lawsuit, Nike Says it Cannot Allow “Customizers” to Build Businesses Off of its Famous Trademarks

The Fashion Law

On the heels of its short-lived legal battle against MSCHF over the company’s heavily-publicized Jesus and Satan sneakers , Nike is taking on the increasingly problematic custom market by way of a newly-filed lawsuit, with the Beaverton, Oregon-based sportswear behemoth asserting that it – and its wildly valuable trademarks – are facing “a growing threat [of] unlawful infringement and dilution by others that seek to unfairly trade-off of Nike’s successes by leveraging the value of Nike’s brand t

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Minnesota appeals court remands state agency permit for PolyMet copper-nickel mine

JURIST

The Minnesota Court of Appeals remanded on Monday a permit issued by the Minnesota Pollution Control Agency after finding that Poly Met Mining Inc. (PolyMet) may have engaged in “sham permitting.” PolyMet sought to obtain state and federal permits to build the first copper-nickel platinum mine in Minnesota. The Minnesota Pollution Control Agency granted the mining company an air-emissions permit with a key restriction that PolyMet was required to “limit its ore-processing rate (also

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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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NYC Rikers Closure Called Model for Shrinking Jail Populations

The Crime Report

The planned closure of the Rikers Island jail complex presents an opportunity to reimagine — and reduce — New York City jail populations, argue the authors of a joint report by the Independent Commission on New York City Criminal Justice and Incarceration Reform and the Center for Court Innovation. Titled “Closing Rikers Island: A Roadmap for Reducing Jail in New York City,” the July report incorporates original research and interviews with over 60 criminal justice professionals and advocates, c

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More Trending

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“Amazon must pay Pennsylvania warehouse workers for time spent waiting for security screening, state Supreme Court rules”

HowAppealing

“Amazon must pay Pennsylvania warehouse workers for time spent waiting for security screening, state Supreme Court rules”: Peter Hall of The Morning Call of Allentown, Pennsylvania has this report. Daniel Wiessner of Reuters has a report headlined “ Amazon workers must be paid for security checks — Penn. top court.” And Kathleen Dailey of Bloomberg Law reports that “ Amazon Loses Security-Check Pay Suit at Pennsylvania High Court.” Today’s ruling o

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Denmark data protection agency orders police to delete problematic personal data

JURIST

The Danish Data Protection Agency issued an order on Monday for the National Police to delete problematic personal data after it investigated the National Police’s processing of personal data. . The Danish Data Protection Agency criticized the National Police for violating the EU General Data Protection Regulation (GDPR) rules, specifically the regulations under the Law Enforcement Act.

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“Colorado Supreme Court tweaks rules for judges to more explicitly prohibit retaliation, harassment; Changes to Code of Judicial Conduct come after current, former employees sad they faced pervasive sexism”

HowAppealing

“Colorado Supreme Court tweaks rules for judges to more explicitly prohibit retaliation, harassment; Changes to Code of Judicial Conduct come after current, former employees sad they faced pervasive sexism”: Shelly Bradbury of The Denver Post has this report.

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Microsoft obtains federal court order to disable malicious homoglyph domains

JURIST

The US District Court for the Eastern District of Virginia on Friday granted Microsoft Corporation (Microsoft) a temporary restraining order (TRO) requiring domain registrars to disable service on the malicious “homoglyph” domains identified in Appendix A to Microsoft’s complaint. Microsoft confirmed receipt of the order on Monday. The court further ordered the domain registrars to place the domains on “client hold status” and to take all necessary steps to prevent access, mod

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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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“Mask mandates violate religious liberty by hiding faces made in God’s image, Catholic school says”

HowAppealing

“Mask mandates violate religious liberty by hiding faces made in God’s image, Catholic school says”: Marisa Iati of The Washington Post has this preview of a case orally argued today (access the oral argument audio via this link ) before a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.

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South Africa court grants delay in former president Zuma’s arms deal trial

JURIST

The Pietermaritzburg High Court of South Africa granted former President Jacob Zuma’s request for a delay in his arms deals corruption trial on Tuesday. The proceedings were adjourned for three weeks until August 10. The High Court Judge Piet Koen said that the trial in relation to issues raised in the special plea in terms of section 106(1)(h) of the Criminal Procedure Act was to be delayed, but did not give reasons as to why he allowed the delay.

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“Appeals Court Says Streamers Must Fight Tax Battle in State Court; Netflix and Disney suffer a setback at the 7th Circuit as Indiana cities pursue video service franchise fees”

HowAppealing

“Appeals Court Says Streamers Must Fight Tax Battle in State Court; Netflix and Disney suffer a setback at the 7th Circuit as Indiana cities pursue video service franchise fees”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.

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South Africa COVID-19 inquiry report recommends postponing local elections to 2022

JURIST

Justice Dikgang Moseneke, former South Africa Deputy Chief concluded Tuesday his inquiry into ensuring free and fair elections during COVID-19 and suggested postponement of local elections. The final report on the findings of the inquiry was submitted to the Electoral Commission of South Africa. The Commission stated that it will urgently study the report and its recommendations before deciding the fate of the local government elections scheduled for 27 October, 2021.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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“2nd Circuit Throws Out Section 230 Challenge After Granting Rehearing in Pastor’s Suit Against Vimeo; The new ruling clarified the court’s original decision, but did not alter the underlying holding that Vimeo was protected by Section 230 of the Communications Decency Act”

HowAppealing

“2nd Circuit Throws Out Section 230 Challenge After Granting Rehearing in Pastor’s Suit Against Vimeo; The new ruling clarified the court’s original decision, but did not alter the underlying holding that Vimeo was protected by Section 230 of the Communications Decency Act”: Tom McParland of the New York Law Journal has this report on a ruling that the U.S.

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‘Watching the Watchmen’: The FBI’s Hidden Role in MI Gov Kidnapping Plot

The Crime Report

The FBI informants who halted the plot to kidnap Michigan Gov. Gretchen Whitmer last year played a significant role in the federal investigation and, at times, helped orchestrate the plot itself. The findings by BuzzFeed News have inflamed an already heated case that’s become a stand-in for the country’s ideological rifts. While some Americans are applauding the FBI for cracking down on domestic terrorism, others consider federal involvement a government overreach — and a “flashpoint for deep st

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“D.C. Circuit upholds FDA cigar and pipe tobacco regulation, user fees”

HowAppealing

“D.C. Circuit upholds FDA cigar and pipe tobacco regulation, user fees”: Brendan Pierson of Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.

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Tabs3 and CosmoLex Launch Their Own E-Payments Services

LawSites

The practice management platforms Tabs3 and CosmoLex, both of which share a common owner, have each launched their own payment processing services to allow their customers to accept credit card and electronic check payments, Tabs3Pay and CosmoLexPay. Both companies already offered credit-card processing through third-party providers — Tabs3 through LawPay and ProPay and CosmoLex through LawPay — but these new services support electronic payments natively within each platform.

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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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“An appeals court tosses a G.O.P. lawsuit against Pelosi over House proxy voting”

HowAppealing

“An appeals court tosses a G.O.P. lawsuit against Pelosi over House proxy voting”: Nicholas Fandos of The New York Times has this report. Alex Swoyer of The Washington Times reports that “ Federal court rejects GOP lawsuit against Nancy Pelosi’s proxy voting in House.” And Mychael Schnell of The Hill reports that “ Court dismisses GOP suit over proxy voting in House.” You can access yesterday’s ruling of the U.S.

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Israeli Supreme Court Rules In Favor Of Surrogacy For Gay Dads But Still No Marriage

Above The Law

Those same couples who are now permitted to use surrogacy-assistance to expand their families, are still not permitted to marry within the country. It's a little meshuga.

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“Connecticut Top Court Asked to Clarify Law in Bausch & Lomb Case”

HowAppealing

“Connecticut Top Court Asked to Clarify Law in Bausch & Lomb Case”: Julie Steinberg of Bloomberg Law has this report (subscription required for full access) on a decision that the U.S. Court of Appeals for the Second Circuit issued yesterday certifying two questions to the Supreme Court of Connecticut for resolution.

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Contempt Order for Violating Injunction Not Immediately Appealable; Sanctions

Patently O

by Dennis Crouch. Shure v. ClearOne ( Fed. Cir. 2021 ). I previously mentioned this appellate case and the oral arguments remarks by Chief Judge Moore suggesting that ClearOne file a motion for sanctions against Shure for bringing the appeal. Stinging Oral Arguments from Chief Judge Moore. At the district court, N.D. Ill. Judge Edmond Chang had issued a preliminary injunction prohibiting Shure from certain actions regarding its drop-ceiling microphone product.

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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.

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“SmileDirectClub Gets Big Victory in Dental-Board Challenge”

HowAppealing

“SmileDirectClub Gets Big Victory in Dental-Board Challenge”: Mike Leonard of Bloomberg Law has this report (subscription required for full access) on an en banc ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

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You’re The Best Around — See Also

Above The Law

If You Ain't First You're Last : Vault 100 is out. Way Harsh, Tai : Judge mocks attorney trying to parlay a morning funeral into a hearing delay. I think the judge was right, but maybe this was too mean. What do you think? I Can't Have A Baby Because I Have A 12:30 Lunch Meeting : The law is notoriously bad about pushing the limits of what maternity leave means, but I think any reasonable definition would exclude "taking on murder cases.".

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“She Hates Biden. Some of Her Neighbors Hate the Way She Shows It. A local judge ordered a New Jersey woman to take down political banners over obscenity complaints, setting up a First Amendment fight.”

HowAppealing

“She Hates Biden. Some of Her Neighbors Hate the Way She Shows It. A local judge ordered a New Jersey woman to take down political banners over obscenity complaints, setting up a First Amendment fight.” Ed Shanahan of The New York Times has this report.

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Morning Docket: 07.21.21

Above The Law

* McDonald's facing $500M class action sexual harassment suit. I thought this was a family establishment? [ Bloomberg Law ] * Missouri continues very American tradition of discussing how to talk about race with no spoken input from Black folk. [ Kansas City ] * Suddenly, vaccinations are bipartisan. Should we expect more mandates? [ The Atlantic ] * District Judge blocks Arkansas law that bans most abortions. [ PBS ] * Balancing Privacy and Profit is hard to do amid COVID, but it will get done.

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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.