Thu.Feb 11, 2021

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Los Angeles judge sued for requiring in-person appearances amid pandemic

JURIST

Five nonprofit legal service organizations sued the presiding judge of the Los Angeles County Superior Court on Tuesday, seeking to prevent the court system from compelling in-person court appearances for traffic and unlawful detainer hearings. The lawsuit, filed by Public Counsel and other legal service groups, asserts that Presiding Judge Kevin Brazile’s order requiring in-person appearances violates attorneys’ and litigants’ constitutional rights.

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Zoom Web Conference Filter Opportunity?

CourtTechBulletin

Most of our readers have seen the Zoom filer mishap online video known as “I’m not a cat”. The story even made the news in Germany and late-night TV shows. First, I want to congratulate the Judge for handling the problem, but I have a different view of how we can learn from this? Read more ».

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Arkansas Senate approves bill allowing medical professionals to refuse treatment based on conscientious objections

JURIST

The Arkansas Senate approved the Medical Ethics and Diversity Act Thursday, which would allow medical providers, such as doctors and hospitals, to raise conscientious objections to treating certain people. The act seeks to protect the conscience of the medical providers or institutions. Included in the institutions are employers and health plans, which could choose to not cover certain people.

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Superior Court of Pennsylvania Concludes That GPS Data is Not Hearsay

EvidenceProf Blog

Similar to its federal counterpart, Pennsylvania Rule of Evidencee 801(a)-(c) state the following: (a) Statement. ‘‘Statement’’ means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. (b) Declarant. ‘‘Declarant’’ means the person.

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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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Myanmar tensions mount as midnight arrests of protestors and dissidents reported in several cities

JURIST

JURIST EXCLUSIVE – Tensions mounted in Myanmar early Friday morning Myanmar time as multiple reports circulated of protestors and opponents of the February 1 military coup being arrested on the street and in their homes after midnight. Many protesting doctors and members of the Myanmar Union Election Commission were said to have been taken into custody.

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More Trending

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More on Myanmar arrests: ‘Right now, they’re targeting the lawyers’

JURIST

JURIST EXCLUSIVE – One of our law student correspondents in Myanmar sends this update on the latest arrests of protestors and dissidents opposed to the new military government that seized power in the country in the February 1 coup : Right now, they’re targeting the lawyers. Dr. Ye Lwin (now former mayor of Mandalay city) is my [relationship redacted].

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“Complaints, Actions & Finality After Dismissals Without Prejudice; The D.C. Circuit split on finality after a dismissal without prejudice, with one judge questioning the distinction between dismissals of complaints and dismissals of actions”

HowAppealing

“Complaints, Actions & Finality After Dismissals Without Prejudice; The D.C. Circuit split on finality after a dismissal without prejudice, with one judge questioning the distinction between dismissals of complaints and dismissals of actions”: Bryan Lammon has this post at his “final decisions” blog.

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Saudi Arabia women’s rights activist released after three years in jail

JURIST

Saudi women’s rights activist Loujain al-Hathloul was released Wednesday after spending a total of 1,001 days—almost three years—in prison. Al-Hathloul had been championing Saudi women’s rights since 2013 and lobbied especially for the right to drive, as well as for an end to male guardianship laws in the kingdom. While women were granted the right to drive in 2017, advocates for the change were detained by the authorities weeks before it came into effect.

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“Avenatti v. Fox News Getting Funner (at Least for Law Geeks Like Me); Third Circuit Judge Stephanos Bibas has been appointed to hear the case”

HowAppealing

“ Avenatti v. Fox News Getting Funner (at Least for Law Geeks Like Me); Third Circuit Judge Stephanos Bibas has been appointed to hear the case”: Eugene Volokh has this post at “The Volokh Conspiracy.

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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 borrowers seek to force Navient into insolvency

JURIST

Three student loan borrowers Monday filed a petition Monday to try to force the servicing arm of loan giant Navient into bankruptcy. The three plaintiffs all claim that their own student loan debts were discharged through their own bankruptcies, but they accuse Navient of attempting for the last decade to get them to repay the already-discharged debt.

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“Crocs’ Competitor Cleared to Continue With Design Patent Appeal”

HowAppealing

“Crocs’ Competitor Cleared to Continue With Design Patent Appeal”: Perry Cooper of Bloomberg Law has this report (subscription required for full access) on an order that the U.S. Court of Appeals for the Federal Circuit issued today.

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Myanmar law students resist military coup online and in the streets

JURIST

Young law students in Myanmar are defending democracy online and in public demonstrations as they resist the February 1 military takeover that deposed civilian Myanmar leader Aung San Suu Kyi. Reaching out to a wide international public on social media, deploying video and graphics and using Twitter, Instagram, WhatsApp, Signal and a range of other apps on their mobile phones they have launched insistent and creative appeals over the Internet criticizing the new military government.

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“Rethinking Standards of Appellate Review”

HowAppealing

“Rethinking Standards of Appellate Review”: Adam Steinman has this post at the “Civil Procedure & Federal Courts Blog” discussing his recent law review article bearing that same title.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Customer Value Not Just Limited to the 20 Year Patent Term.

Patently O

by Dennis Crouch. cxLoyalty, Inc. v. Maritz ( Fed. Cir. 2021 ). Maritz is in the business of designing employee incentive plans and other reward programs. The company’s U.S. Patent No. 7,134,087 claims a computer system for using “award points” to purchase goods at a regular store by using a “shadow credit card.” cxLoyalty is a competitor — focusing primarily on customer loyalty.

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“Warrantless Digital Device Searches at U.S. Border Ruled Valid”

HowAppealing

“Warrantless Digital Device Searches at U.S. Border Ruled Valid”: Andrea Vittorio of Bloomberg Law has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued Tuesday.

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What Lawyers Should Know About Discrimination in Technology

LawTechnologyToday

Modern technology can be an incredible resource for the legal profession, but it’s far from a panacea. Discrimination lawyers would likely be the first to point out that there’s a dark side to today’s tech, too. Discriminatory practices can quickly overshadow all the benefits. Lawyers don’t need to become modern-day Luddites, waging war on technology, but they should be aware of its shortcomings.

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“2nd Circuit upholds NY state rules restricting ballot access”

HowAppealing

“2nd Circuit upholds NY state rules restricting ballot access”: Larry Neumeister of The Associated Press has this report. And at Ballot Access News, Richard Winger has a post titled “ Massive Ballot Access Defeat in New York.” You can access yesterday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

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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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Court won’t allow Alabama execution without a pastor

SCOTUSBlog

The Supreme Court on Thursday night ruled that the execution of an Alabama man must remain on hold unless the state allows the man, Willie Smith III, to have his pastor by his side in the execution chamber. The justices rejected a request by the. The post Court won’t allow Alabama execution without a pastor appeared first on SCOTUSblog.

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“Strip Clubs Violated Models’ Publicity Rights by Misusing Photos”

HowAppealing

“Strip Clubs Violated Models’ Publicity Rights by Misusing Photos”: Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Second Circuit issued Tuesday.

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Rethinking Standards of Appellate Review

LPB Network

I wanted to share a link to my recent article, Rethinking Standards of Appellate Review, 96 Ind. L.J. 1 (2020), which is now in print and available on SSRN. The piece is an effort to make sense of a topic.

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“Mom Given Death Penalty for Killing Young Daughter Wins Relief”

HowAppealing

“Mom Given Death Penalty for Killing Young Daughter Wins Relief”: Bernie Pazanowski of Bloomberg Law had this report (subscription required for full access) on an unpublished per curiam decision that the U.S. Court of Appeals for the Fifth Circuit issued in July 2019. On Tuesday, a sharply divided en banc Fifth Circuit issued this 115-page decision on rehearing denying federal habeas relief by a vote of 10-to-7.

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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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Do You Need a Lawyer to File for Bankruptcy?

LegalReader

It is fairly unlikely for an ordinary person’s bankruptcy to be challenged at the Meeting of Creditors. It is generally the paperwork that trips people up.

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“She sued a prosecutor for mishandling her rape case. She lost, but a judge called it ‘sickening.'”

HowAppealing

“She sued a prosecutor for mishandling her rape case. She lost, but a judge called it ‘sickening.'” Joe Gyan Jr. has this front page article in today’s edition of The Advocate of Baton Rouge, Louisiana reporting on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued Tuesday.

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You Won’t Believe How Much the Highest Workers’ Comp Settlement Was

LawTechnologyToday

Settlements for workers’ comp cases are often fairly modest, with workers suffering minor injuries that don’t have long-term ramifications on their lives. However, some workers’ comp cases involving serious injuries have the potential to result in multi-million dollar settlements. To date, the largest settlement payment in a workers’ comp case came in March of 2017, with a $10 million settlement agreement.

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“Inmate With Mental Illness Should Have Been Given a Lawyer”

HowAppealing

“Inmate With Mental Illness Should Have Been Given a Lawyer”: Blake Brittain of Bloomberg Law has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Circuit Judge Frank H. Easterbrook issued a noteworthy opinion dissenting in part.

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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.