Mon.Jun 21, 2021

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US Supreme Court unanimously rules student athletes can receive education-related compensation

JURIST

The US Supreme Court ruled unanimously Monday in NCAA v. Alston that student athletes can receive education-related compensation. The plaintiffs, current and former student athletes, alleged that the National Collegiate Athletic Association (NCAA) and some of its member institutions violated the Sherman Act , which requires courts to enforce a policy of competition so as to best allocate the nation’s resources.

Education 129
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Bribes to Doctors Drove Addiction to Fentanyl-Based Painkillers: Court

The Crime Report

The case of Dr. Jeffrey Goldstein, an Upper East Side doctor who was sentenced to 57 months in federal prison last week in connection with a kickback scheme involving fentanyl, draws back the curtain on a different form of fentanyl abuse. Goldstein was prescribing Subsys, a potent fentanyl-based spray, in exchange for bribes and kickbacks from Subsys’s manufacturer, according to the United States Attorney’s Office for the Southern District of New York.

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US court dismisses suit against Poland for seeking extradition over Nazi-looted art

JURIST

The US Court of Appeals for the District of Columbia Circuit on Friday upheld the dismissal of Alexander Khochinsky’s suit against Poland for seeking his extradition over his possession of a painting allegedly taken from Poland by Nazi troops. Khochinsky, a Russian foreign national living in the US, contacted Poland in 2010 seeking reparation for the loss of his family’s land during the Nazi invasion.

Court 220
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Restorative Justice More Effective than Incarceration in Hate Crimes: Report

The Crime Report

To address hate crimes, restorative justice approaches may offer a more effective solution than carceral ones, according to a joint report by Stanford Law School (SLS) and the Brennan Center for Justice at New York University Law School. Titled “Exploring Alternative Approaches to Hate Crimes,” the report evaluated programs in New York City and Oakland, Ca., conclued that “alternative” approaches “may offer a way to identify and mend the unique individual and community harms caused by hate crime

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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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Australia man arrested over alleged ISIS membership

JURIST

A Sydney man was arrested by Australian police on Friday on suspicion of being a member of the Islamic State of Iraq and Syria (ISIS) terrorist organization, according to a joint statement released by the Australian Federal Police and New South Wales Police Force on Saturday. The man, who remains unnamed, has been charged with the offense of membership of a terrorist organization under 102.3(1) of the Criminal Code.

Legal 215

More Trending

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Cambodia court charges environmental activists with conspiracy, insulting king

JURIST

The Phnom Penh Municipal Court in Cambodia charged four environmental activists with conspiracy and insulting the king, a prosecutor confirmed Monday, after three activists were arrested for documenting waste discharge into a city river. Three of the charged conservationists were sent to pre-trial detention, and the fourth conservationist, Mother Nature Cambodia (MNC) co-founder Alex Gonzalez-Davidson, was charged in absentia and has not been arrested.

Court 197
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South Carolina Dilemma: How to Organize Firing Squad

The Crime Report

Last week, the South Carolina Supreme Court blocked the pre-planned executions of two inmates by electrocution, saying they could not be put to death until they have the ability to choose between being electrocuted or having a death by firing squad — an option that has never been offered in the state before, leaving many to wonder what such an execution would look like, the Associated Press reports. .

Attorney 126
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Wisconsin Supreme Court strikes down law allowing warrantless blood alcohol testing of unconscious drivers

JURIST

The Wisconsin Supreme Court unanimously struck down a state law provision Friday that allowed police to draw blood from unconscious drivers and test it for alcohol content without a warrant. Under Wisconsin Statute § 343.305 , an officer can request a blood sample from the driver of a vehicle involved in an accident resulting in the death or great bodily harm to another person.

Statute 197
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“US appeals court blocks judge’s decision to overturn state’s assault weapons ban”

HowAppealing

“US appeals court blocks judge’s decision to overturn state’s assault weapons ban”: Maura Dolan of The Los Angeles Times has this report on an order that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Court 100
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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 Supreme Court sends shareholder class action against Goldman Sachs back to lower court

JURIST

The US Supreme Court on Monday vacated and remanded a shareholder class action suit against Goldman Sachs, sending the case back to the lower court to determine whether alleged misstatements by Goldman Sachs were too general to have affected its stock price. The suit, filed in 2011, alleged that Goldman Sachs artificially inflated its share price prior to, throughout, and following the 2007-2009 financial crisis.

Court 171
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“Supreme Court Says Over 200 Patent Judges Were Improperly Appointed; A fractured coalition of justices limited the effect of the decision, saying a larger role for an executive branch official would address the matter”

HowAppealing

“Supreme Court Says Over 200 Patent Judges Were Improperly Appointed; A fractured coalition of justices limited the effect of the decision, saying a larger role for an executive branch official would address the matter”: Adam Liptak of The New York Times has this report. Jessica Gresko of The Associated Press has a report headlined “ High court: Congress erred in patent dispute board setup.” Andrew Chung of Reuters reports that “ U.S.

Court 100
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UN calls for stop to weapons flow into Myanmar, urges military to respect election results

JURIST

The UN General Assembly called Friday for a stop to the flow of weapons into Myanmar, as well as for Myanmar armed forces to stop violence against peaceful protesters. The assembly also called for the military to respect the November 2020 election results. According to the UN, about 600 people have been killed and 100 have disappeared since the military coup in Myanmar.

Legal 156
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“Supreme Court Gives Goldman Sachs a Do-Over in Securities Fraud Suit; The justices said the bank may renew its arguments that its statements about honesty and integrity were too generic to support a class action for billions of dollars”

HowAppealing

“Supreme Court Gives Goldman Sachs a Do-Over in Securities Fraud Suit; The justices said the bank may renew its arguments that its statements about honesty and integrity were too generic to support a class action for billions of dollars”: Adam Liptak of The New York Times has this report. Jess Bravin and Brent Kendall of The Wall Street Journal report that “ Supreme Court Orders More Proceedings in Goldman Sachs Shareholder Suit; Court rejects Wall Street bank’s plea to alter t

Court 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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Switzerland court hands down first conviction relating to Liberia civil war

JURIST

A Swiss court on Friday handed down the first conviction over Liberia’s 1989-1996 civil war, sentencing Alieu Kosiah to 20 years in jail for various crimes, including rape, ordering murders, and cruel treatment of civilians. The federal prosecutor alleged that Kosiah, 46, had committed 25 war crimes. He was found guilty of all but four crimes of recruiting a child soldier, attempted murder of a civilian, murder of a civilian in complicity, and issuing orders to loot a power station.

Court 118
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“Effective July 6, 2021, operation of the Unified Judicial System shall return to prepandemic status. All courtrooms, adjacent judicial facilities, chambers, and offices within the Unified Judicial System shall be fully opened and staffed by judges and other personnel.”

HowAppealing

“Effective July 6, 2021, operation of the Unified Judicial System shall return to prepandemic status. All courtrooms, adjacent judicial facilities, chambers, and offices within the Unified Judicial System shall be fully opened and staffed by judges and other personnel.” So states an order that the Supreme Court of Pennsylvania issued today.

Court 100
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In unanimous ruling, Court agrees with athletes that NCAA violated antitrust laws

SCOTUSBlog

Share The Supreme Court on Monday upheld a major shift in the relationship between universities and the athletes who play sports for those schools. In an opinion by Justice Neil Gorsuch , the justices unanimously affirmed a lower-court decision holding that the NCAA, the umbrella group that regulates college sports, cannot restrict benefits related to education, such as free laptops or paid post-graduate internships.

Sports 120
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Access today’s Order List of the U.S. Supreme Court

HowAppealing

Access today’s Order List of the U.S. Supreme Court : At this link. The Court did not grant review in any new cases but called for the views of the Solicitor General’s Office in one case.

Court 100
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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Justices scale back “unreviewable authority” of administrative patent judges

SCOTUSBlog

Share The Supreme Court ruled Monday that more than 200 administrative patent judges in the U.S. Patent and Trademark Office must be subject to greater supervision by the agency director in order to comply with the Constitution’s appointments clause. The decision in United States v. Arthrex, Inc. was fragmented. The court ruled 5-4 that the level of authority exercised by the patent judges is incompatible with the Constitution because the patent judges are not nominated by the president and conf

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Access today’s rulings of the U.S. Supreme Court in argued cases

HowAppealing

Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in three argued cases. 1. Justice Amy Coney Barrett delivered the opinion of the Court in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System , No. 20-222. Justice Sonia Sotomayor issued an opinion concurring in part and dissenting in part. And Justice Neil M.

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How to Manage a Successful CS Transformation to Be More Customer-Centric

The Process Street

A recent Deloitte study found a mere 30% of respondents stated customer success was a strategic priority by the board of directors. Only 26% reported official business communications to regularly mention customer success. At Process Street , we find this concerning. Technological advancements and the rise of Industry 4.0 are altering the business landscape.

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Announcement of orders and opinions for Monday, June 21

SCOTUSBlog

Share We will be live blogging on Monday, June 21, as the court releases orders from the June 17 conference and one or more opinions in argued cases from the current term. Click here for a list of FAQs about orders and opinion announcements. The post Announcement of orders and opinions for Monday, June 21 appeared first on SCOTUSblog.

Court 106
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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 Allure Of Toxic Productivity

Above The Law

Toxic productivity occurs when we try to schedule the maximum amount of output for every minute of our day.

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Despite COVID, Hospitals Pursue Legal Action for Unpaid Bills

LegalReader

“There was a nearly 90% drop overall in legal actions between 2019 and the first seven months of 2020 by the nation’s largest hospitals and health systems,” according to a new report by Johns Hopkins University. The Johns Hopkins findings are part of an ongoing series of state and national reports that look at debt.

Legal 102
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United States v. Arthrex: Supreme Court Preserves the PTAB

Patently O

by Dennis Crouch. United States v. Arthrex, — S.Ct. — (2021). The Supreme Court has confirmed that PTAB Judges yield unreviewable authority during inter partes review and therefore acting as Principal Officers under the US Constitution. Therefore the APJs should have been nominated by the President and confirmed by the Senate. BUT, the Court solved the problem in a new way–by making PTAB determinations reviewable by the USPTO Director.

Court 108
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The morning read for Monday, June 21

SCOTUSBlog

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com. Here’s the Monday morning read: Reading the tea leaves: Remaining cases as of June 18 (Amy Howe, Howe on the Court). The Supreme Court’s Newest Justices Produce Some Unexpected Results (Adam Liptak, The New York Times).

Court 101
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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.