Thu.Jan 27, 2022

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Lawsuit filed challenging New York law prohibiting non-lawyers from providing legal advice

JURIST

A lawsuit filed Tuesday in federal court for the Southern District of New York argues that New York’s law prohibiting individuals who are not lawyers from providing legal advice interferes with New Yorkers First Amendment rights. According to the complaint, debt collection actions are one of the most common lawsuits in New York. To respond to debt collection lawsuits, New York State provides a standard fill-in-the-blank form.

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District of Maine Opinion in Whole Foods Litigation Reveals That Rule 408 is Not a Discovery Rule

EvidenceProf Blog

Federal Rule of Evidence 408(a) provides that Evidence of the following is not admissible — on behalf of any party — either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior.

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Conservation groups challenge Minnesota copper mine permit

JURIST

In a recent lawsuit filed Tuesday, conservation groups sued the US Fish and Wildlife Services (FWS), the Forest Service, and the Army Corps of Engineers, claiming that their approval of the PolyMet open-pit copper mine and land exchange violates the Endangered Species Act. The suit challenges four separate issues all stemming from the FWS 2016 Biological Opinion for the NorthMet Mine Project and Land Exchange.

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This and That in Court Tech - January 2022

CourtTechBulletin

Image by Brad Stallcup [link] This month we have news about Chromebook price drops, Trinidad and Tobago’s new court electronic practice directions, Illinois state courts new electronic device policy, a new ODR system provided by the Los Angeles County courts, the England and Wales judiciary taking a new data-driven strategy approach, an article on “How to Create Access-to-Justice Tech for Courts That People Will Actually Use” and the latest from our Tiny Chat team.

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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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Intel wins appeal as EU court overturns $1.2B antitrust fine

JURIST

In a major setback for EU antitrust regulators, the General Court of EU Wednesday overturned the €1.06 billion ($1.2 billion) fine imposed on Intel almost 13 years ago for abuse of market dominance and stifling competition. In 2009, the European Commission found that the US chip-maker had abused its position in the market for x86 processors and had engaged in anti-competitive conduct by offering rebates to Dell, Lenovo, Hewlett-Packard (HP), and NEC, conditional on them purchasing all or most of

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Federal judge blocks South Dakota abortion pill order

JURIST

A judge for the US District for the District South Dakota Wednesday blocked an executive order that would have restricted medication abortions. South Dakota Governor Kristi Noem issued the order in September, which would have prevented people from accessing abortion pills through telemedicine appointments by requiring the pills to be taken at an abortion provider facility.

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The diversity of Justice Breyer’s legacy

SCOTUSBlog

Share This article is part of a series of tributes on the career of Justice Stephen Breyer. Judge Vince Chhabria is a federal district judge in the Northern District of California. He clerked for Breyer during the 2001-02 term. I clerked for Justice Breyer 20 years ago, in the term following Bush v. Gore. Before arriving, I expected to see a lot of division and mistrust.

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US FTC sues Lockheed Martin to block acquisition of key missile component manufacturer

JURIST

The Federal Trade Commission (FTC) has filed an administrative complaint against defense contractor Lockheed Martin Tuesday in an attempt to block the contractor’s acquisition of Aerojet Rocketdyne Holdings. Aerojet is a manufacturer of advanced power, propulsion, and armament systems, all of which are components for missiles made by Lockheed and other defense contractors.

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“Another testy Supreme Court battle is the last thing America needs — but it’s probably what lies ahead”

HowAppealing

“Another testy Supreme Court battle is the last thing America needs — but it’s probably what lies ahead”: Stephen Collinson of CNN has this news analysis.

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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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US federal judge dismisses breach of contract claims in privacy class action against Google

JURIST

Chief US District Judge Richard Seeborg for the Northern District of California dismissed two claims Tuesday from a proposed class action against Google, ruling that a promise to avoid collecting user data did not amount to a contract. The case, Anibal Rodriguez, et al. v. Google LLC , revolves around Google’s privacy framework, specifically the “Web & App Activity” (WAA) button feature which allows a user to control whether data related to her activity on Google sites, app

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The Clock is Ticking Towards the Super Bowl:  2022 Update on Super Bowl Advertising and Promotions

Broadcast Law Blog

There was record viewership for the last-second victories in each of the 2022 NFC and AFC Divisional Round games. Thus, the interest in this year’s Super Bowl game may be unprecedented and advertisers may want to take advantage. For the last six years, I have posted guidelines about engaging in or accepting advertising or promotions that directly or indirectly reference the Super Bowl without a license from the NFL.

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US Supreme Court allows Alabama execution to proceed despite concerns about intellectual disability

JURIST

The US Supreme Court on Thursday vacated a stay of execution for Alabama death row inmate Matthew Reeves, reversing the 11th Circuit Court of Appeals Wednesday decision to uphold the stay amidst concerns that the Alabama Department of Corrections (ADOC) did not accommodate Reeves’ intellectual disability when he was asked to choose the method of his execution.

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“Recovering a Conservative State Legal Theory; Conservative jurisprudence has a long and unfortunate history of ignoring state power”

HowAppealing

“Recovering a Conservative State Legal Theory; Conservative jurisprudence has a long and unfortunate history of ignoring state power”: Jeffrey Bristol has this post at the “Law & Liberty” blog.

Legal 100
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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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WTO arbitrator rules in favor of China on retaliatory tariff dispute

JURIST

A World Trade Organization (WTO) arbitrator Wednesday ruled in favor of China in a retaliatory tariff dispute, granting China the right to impose retaliatory tariffs on US imports totaling up to $645 million a year. The decision brings to an end a decade-long dispute between the US and China. China’s WTO complaint originated with tariffs imposed against certain China manufacturing products between 2008 and 2012 under the Obama administration.

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“Stephen Breyer’s Loss to the Supreme Court: The pragmatic liberal’s replacement may come from the new legal left.”

HowAppealing

“Stephen Breyer’s Loss to the Supreme Court: The pragmatic liberal’s replacement may come from the new legal left.” This editorial will appear in Friday’s edition of The Wall Street Journal.

Legal 100
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European Commission proposes declaration on digital rights, principles for EU

JURIST

The European Commission Wednesday adopted a proposal, titled the “European Declaration on Digital Rights and Principles for the Digital Decade,” to act as a framework to guide European policymakers, companies, and the EU in dealing with digital transformation. The declaration follows the commission’s Digital Compass , which contains specific targets for the digital transformation set to occur by 2030.

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“Recalling Breyer’s Quirky Hypotheticals and Epic Questions: Justice Breyer livened up oral arguments with odd hypotheticals and rambling questions that kept advocates on their toes.”

HowAppealing

“Recalling Breyer’s Quirky Hypotheticals and Epic Questions: Justice Breyer livened up oral arguments with odd hypotheticals and rambling questions that kept advocates on their toes.” Tony Mauro has this post at his “The Marble Palace Blog.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Mississippi medical marijuana legalization moves on to the state governor’s desk

JURIST

Mississippi’s House of Representatives on Wednesday passed a bill to legalize medical marijuana in the state by an overwhelming 103-13 vote. Earlier this year, the state Senate passed the bill with a 46-4 vote. The voting margins in both chambers are considered “veto-proof,” enough to override a governor’s veto should Mississippi Governor Tate Reeves refuse to sign.

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“The Practical Erudition of Stephen Breyer: The eloquent former Eagle Scout quoted Oscar Wilde, believed in pragmatism, understood Congress, oozed decency, and wanted the law to work for people.”

HowAppealing

“The Practical Erudition of Stephen Breyer: The eloquent former Eagle Scout quoted Oscar Wilde, believed in pragmatism, understood Congress, oozed decency, and wanted the law to work for people.” Law professor Garrett Epps has this essay online at Washington Monthly.

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US attorneys general sue Google over deceptive location tracking practices

JURIST

The District of Columbia and the states of Texas , Indiana and Washington Monday filed lawsuits against Alphabet’s Google over alleged deceptive location-tracking practices and violating the privacy of the users. In separate lawsuits filed against Google, the attorneys general allege that the search engine giant has systematically deceived its users about its location tracking practices at least since 2014 and has misled them regarding the control they exercised over the information which is col

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“Statements from the Supreme Court Regarding Justice Stephen G. Breyer’s Retirement”

HowAppealing

“Statements from the Supreme Court Regarding Justice Stephen G. Breyer’s Retirement”: The Public Information Office of the U.S. Supreme Court has posted these statements online.

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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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3 Lawyers Weigh In With Their Top TikTok Marketing Tips

Above The Law

Useful tips and practical advice for lawyers interested in expanding their law firm's social media footprint. The post 3 Lawyers Weigh In With Their Top TikTok Marketing Tips appeared first on Above the Law.

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“If the Supreme Court bans affirmative action, it continues the U.S. legacy of racial discrimination”

HowAppealing

“If the Supreme Court bans affirmative action, it continues the U.S. legacy of racial discrimination”: Law professor Erwin Chemerinsky has this essay online at The Los Angeles Times.

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Lawyer Chipmunk Latest Zoom Courtroom Fail For Lawyer Cat Judge

Above The Law

Judge Roy Ferguson can't catch a break. The post Lawyer Chipmunk Latest Zoom Courtroom Fail For Lawyer Cat Judge appeared first on Above the Law.

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“New Justice Will Have Little Power to Thwart Supreme Court’s Rightward Lurch; The replacement of Justice Stephen G. Breyer with another liberal is unlikely to alter the basic dynamic at the court or to slow its accelerating conservative ambitions”

HowAppealing

“New Justice Will Have Little Power to Thwart Supreme Court’s Rightward Lurch; The replacement of Justice Stephen G. Breyer with another liberal is unlikely to alter the basic dynamic at the court or to slow its accelerating conservative ambitions”: Adam Liptak of The New York Times has this report.

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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.