Tue.May 18, 2021

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Zimbabwe government appeals ruling that denied chief justice term extension

JURIST

The Attorney General of Zimbabwe filed an appeal Monday with the nation’s Supreme Court after the High Court’s recent ruling against the government. On May 15, the High Court held that President Emmerson Mnangagwa’s five-year extension of Chief Justice Luke Malaba’s tenure was illegal. Mnangagwa exercised his executive power to grant Justice Malaba an extension on his term under the newly-authorized Amendment 2, which grants the executive authority to extend judges’

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“Breyer Worries Retiring Could Add to Polarization. Would It? The Supreme Court’s oldest justice has hinted that he may decline to step down, defying activists’ pressure. His reasoning would be hotly debated on the left.”

HowAppealing

“Breyer Worries Retiring Could Add to Polarization. Would It? The Supreme Court’s oldest justice has hinted that he may decline to step down, defying activists’ pressure. His reasoning would be hotly debated on the left.” Giovanni Russonello has this “On Politics” essay online at The New York Times.

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South Carolina governor signs bill allowing concealed weapons permit holders to carry guns openly

JURIST

South Carolina Governor Henry McMaster signed a bill Monday allowing those with concealed weapons permits to carry their firearms openly in public. In a statement, the South Carolina Law Enforcement Division (SLED) said , “the Open Carry with Training Act does not change the law on who can carry a firearm. Rather, it merely changes the way a CWP holder can carry a handgun in public in South Carolina.” The law requires the completion of a training program and a background check to ob

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“The Justices Take Up Abortion; The result in the Mississippi case is hard to predict”

HowAppealing

“The Justices Take Up Abortion; The result in the Mississippi case is hard to predict”: This editorial will appear in Wednesday’s edition of The Wall Street Journal.

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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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Trial date for Kim Potter set for December 6

JURIST

A Minnesota judge has set the tentative trial date for former police officer Kim Potter for December 6, pending any scheduling conflicts. Kim Potter, a 26-year-old police veteran in the state, was arrested in April following the killing of Daunte Wright, a 20-year-old black man. On April 11, 2021, Daunte Wright was pulled over by Brooklyn Center Police Officer Anthony Luckey and his Field Training Officer, Kimberly Ann Potter, for having expired tags on his vehicle.

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Supreme Court resolves conflict between Anti-Injunction Act and the Administrative Procedure Act

JURIST

The Supreme Court released Monday its opinion in CIC Services v. Internal Revenue Service clarifying two seemingly conflicting provisions of the Anti-Injunction Act (AIA) and the Administrative Procedure Act (APA). The Court held in favor of CIC Services, holding that the suit is not under the scope of the AIA: “CIC’s suit aims to enjoin a standalone reporting requirement, whose violation may result in both tax penalties and criminal punishment.

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“Kentucky Supreme Court lifts most COVID-19 restrictions for state court system”

HowAppealing

“Kentucky Supreme Court lifts most COVID-19 restrictions for state court system”: Joe Sonka of The Courier Journal of Louisville, Kentucky has this report. And Cameron Knight of The Cincinnati Enquirer reports that “ Kentucky judges can set their own rules on masks and distancing, new rule says.” You can access today’s order of the Supreme Court of Kentucky at this link.

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Small Business: Cyber Security Testing Measures

LawTechnologyToday

It is no news that small businesses are one of the main targets of hacks and other cyberattacks. Many cyber criminals focus on small businesses because they haven’t found their footing in their industry and are trying to find their way around the market. So many of them fail to ensure that they put a proper strategy in place for their cybersecurity.

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“Wisconsin Supreme Court: No immunity for bar patron who threw out drunken trespasser who fell and hit his head.”

HowAppealing

“Wisconsin Supreme Court: No immunity for bar patron who threw out drunken trespasser who fell and hit his head.” Bruce Vielmetti of The Milwaukee Journal Sentinel has this report on a ruling that the Supreme Court of Wisconsin issued today.

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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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3 Takeaways From The Amazon Brand Protection Report

Above The Law

Amazon has carved out for itself a unique position as the leading online marketplace. With that success comes a great responsibility to help snuff out sales of counterfeit goods.

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Charging more for women’s antiperspirants than for men’s antiperspirants doesn’t violate Missouri’s Merchandising Practices Act, Eighth Circuit rules

HowAppealing

Charging more for women’s antiperspirants than for men’s antiperspirants doesn’t violate Missouri’s Merchandising Practices Act, Eighth Circuit rules: You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

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Bad Lawyer, Worse Person — See Also

Above The Law

What's The Opposite Of "A Credit To The Profession"? Oh, this guy. I Thought Legal Professionals Were Supposed To Be Precise With Their Language? AI shouldn't be a catchall. Back To The Office. NEXT WEEK??? Jones Day wants the office routine to start up again. Biglaw Firm Reportedly On The Hook For Massive Settlement: To ousted CBS CEO Les Moonves. Man Dies By Suicide In Court: Just awful.

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The case of the Remington rifle that fired without anyone pulling the trigger will not be heading to trial

HowAppealing

The case of the Remington rifle that fired without anyone pulling the trigger will not be heading to trial: You can access today’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

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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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COVID-19 Fraud Task Force Targets $63B in Stolen Federal Funds

The Crime Report

U.S. Attorney General Merrick Garland has announced the creation of a COVID-19 Fraud Enforcement Task Force to crack down in those who take advantage of federal benefits given to those financially suffering during the pandemic. With an estimated over $63 billion lost to pandemic-related fraud, the establishment of the COVID-19 Fraud Enforcement Task Force would enforce a “whole-of-government” approach to identifying and recovering funds lost due to fraud.

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“Harvard urges Supreme Court to sit out affirmative action case”

HowAppealing

“Harvard urges Supreme Court to sit out affirmative action case”: Deirdre Fernandes has this article in today’s edition of The Boston Globe. Patricia Hurtado of Bloomberg News reports that “ Harvard Urges Supreme Court to Back 40 Years of Race in Admissions.” And Colleen Walsh of The Harvard Gazette reports that “ Harvard argues admissions suit isn’t worthy of Supreme Court review; Brief notes two lower courts have rejected bias allegations in University

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Hollywood, Alcohol, and Trademarks

Patently O

Kaszuba v. Hirshfeld (Supreme Court 2021) [ Petition for Certiorari ][ FedCir Decision ]. This pending petition for certiorari involves a trademark registration dispute between Kaszuba (HOLLYWOOD BEER) and Hollywood Vodka LLC (HOLLYWOOD VODKA). Kaszuba first registered his mark (albeit on the Secondary Register). Later, HVL was denied registration — in part because of the existence of the Kaszuba’s mark.

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“Supreme Court Gives Big Oil a Win in Climate Fight With Cities; But in the case, filed by the city of Baltimore, the high court gave the fossil fuel industry far less than it had asked for”

HowAppealing

“Supreme Court Gives Big Oil a Win in Climate Fight With Cities; But in the case, filed by the city of Baltimore, the high court gave the fossil fuel industry far less than it had asked for”: John Schwartz has this article in today’s edition of The New York Times.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Legal malpractice payouts are the highest on record, insurance broker reports

ABA Journal

Payouts for legal malpractice claims are at an all-time high, according to a new survey by insurance broker Ames & Gough.

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“The Supreme Court’s conservative supermajority is about to show us its true colors”

HowAppealing

“The Supreme Court’s conservative supermajority is about to show us its true colors”: Law professors Leah Litman and Melissa Murray have this op-ed in today’s edition of The Washington Post.

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South Carolina Deputies Fired for Role in Death of Jailed Mentally Ill Black Man

The Crime Report

Two sheriff’s deputies in South Carolina have been fired for their role in the death of Jamal Sutherland, a Black man on whom they used pepper spray and Tasers after he was taken to jail from a mental health facility in January, reports the New York Times. The actions of the deputies while they tried to remove the man from a jail cell — shown in graphic video footage that was released last week by the Charleston County Sheriff’s Office — touched off protests and prompted calls for changes to how

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“Brett Kavanaugh’s latest decision should alarm liberals; The Court’s new median justice really doesn’t care about precedent”

HowAppealing

“Brett Kavanaugh’s latest decision should alarm liberals; The Court’s new median justice really doesn’t care about precedent”: Ian Millhiser has this essay online at Vox.

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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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The Building Blocks of a Mergers and Acquisitions Contract

Hoban Law Group

Every merger or acquisition transaction is unique. Nevertheless, businesses seeking to buy, sell, or merge with, another business will face common contract provisions and structures. The content of these provisions will be different from deal to deal and from company to company. Businesses undertaking a merger or acquisition should work with competent corporate attorneys or M&A attorneys to be sure their contract is comprehensive and protects their interests.

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“Face Masks and the First Amendment: They’ve become a form of political expression; That makes mandates constitutionally suspect.”

HowAppealing

“Face Masks and the First Amendment: They’ve become a form of political expression; That makes mandates constitutionally suspect.” David B. Rivkin Jr. and James Taranto have this essay online at The Wall Street Journal.

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The Legality of Cannabis Grow Tents in North America

LegalReader

Many people who use grow tents invest in models with clear sides for easy observation and stable support systems to hang their grow lights.

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“Stop-and-Frisk of Man Standing Near Stolen Vehicle Gets Upheld”

HowAppealing

“Stop-and-Frisk of Man Standing Near Stolen Vehicle Gets Upheld”: Jacklyn Wille of Bloomberg News has this report (subscription required for full access) on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued yesterday.

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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.