Wed.Aug 04, 2021

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Ditch These Super Trendy Hacks

Attorney at Work

To be taken seriously, temper your use of these three super trendy newcomers in your professional vocabulary. Lawyers are cautioned to stick with plain language, to shun the lawyerspeak replete with jargon and verbiage we learned in law school. But has the pendulum swung too far? Put another way, did you perceive the title of this post as mockery — or see no problem at all?

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Illinois Governor signs bills effectively ending statewide immigration detention

JURIST

Illinois Governor JB Pritzker signed four new bills into law on Monday that in effect end immigration detention by expanding protections for immigrants and refugees. In an attempt to establish “Illinois as the most welcoming state in the nation,” he also issued an executive order creating the Welcoming Illinois Office. In an official press release , the Governor’s office said, The new laws strengthen the [Illinois] TRUST Act and make Illinois the second state in the nation to require local offic

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District of New Mexico Finds Fraud Judgment Admissible Under Rule 608(b)

EvidenceProf Blog

Federal Rule of Evidence 608(b) provides that Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But.

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New York’s Nassau County legislature passes controversial legislation permitting police to sue protestors

JURIST

The Nassau County Legislature voted 12-6 to pass a bill on Monday which allows first responders to sue protestors for harassment and other unlawful discriminatory practices. The bill declares that it is an “unlawful discriminatory practice to harass, menace, assault or injure an individual due to such individual’s status as a first responder.” Individuals who discriminate are subject to “substantial civil penalt[ies]” as well as punitive damages and injunctive relief.

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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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Race, Disability and Criminal Justice

The Crime Report

Efforts to tackle systemic racism in the administration of justice need to include a focus on the rights of the disabled community, according to a University of Pennsylvania law professor. Even though race and disability may not often be discussed in the realm of criminal justice, their intersection plays a large part in the activities of law enforcement in at-risk communities, writes Jasmine Harris in a paper published in Yale Law Journal.

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Not Merely Softening the COVID Blow, Brands are Boosting Prices as They Aim to Move Up-Market

The Fashion Law

Look beyond the likes of Chanel, Louis Vuitton, Gucci, Dior, and Bottega Veneta for a moment, which have all raised prices over the past year ( in some cases, multiple times ), parlaying enduring consumer demand and strong organic growth into boosted prices in what has widely been characterized as an attempt to make up for COVID-induced losses, as tourism, which is an important driver of luxury goods brands’ businesses, came to a screeching halt, and sales plummeted for fashion and luxury brands

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Federal appeals court upholds Indiana University COVID-19 vaccine mandate

JURIST

The US Court of Appeals for the Seventh Circuit on Monday denied a motion for an injunction pending appeal upholding the lower court’s own denial of a motion for preliminary injunction against Indiana University’s mandate that all students get the COVID-19 vaccine before returning to campus in the fall. Indiana University’s vaccination policy requires all students, faculty, and staff to be vaccinated or have an approved exemption before returning to campus.

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Guest Post: DABUS Gains Traction: South Africa Becomes First Country to Recognize AI-Invented Patent

Patently O

Guest Post by Meshandren Naidoo and Dr. Christian E. Mammen. A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Over the past three years, the AI algorithm DABUS (short for Device for the Autonomous Bootstrapping of Unified Sentience) and its team of supporting humans, including Dr.

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“DOJ will argue at SCOTUS against U.S. discovery in private foreign arbitration”

HowAppealing

“DOJ will argue at SCOTUS against U.S. discovery in private foreign arbitration”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

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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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Microsoft Outlook for Legal Professionals

LawTechnologyToday

The Email Problem. Email Overload. Studies indicate that lawyers receive around 120 and send roughly 40 emails per day. Without question, email is one of the most important technological communication advancements of the past 100 years. It has fundamentally changed the way we communicate with clients and do business. Major corporations and law firms are run via email communication instead of face-to-face communication.

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“Roe and Our Contested Rights Regime: If progressivism actually is marching onward throughout the country, why are advocates of Roe so nervous about it being overturned?”

HowAppealing

“ Roe and Our Contested Rights Regime: If progressivism actually is marching onward throughout the country, why are advocates of Roe so nervous about it being overturned?” Greg Weiner has this post at the “Law & Liberty” blog.

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Federal magistrate judge sanctions lawyers for election suit that was ‘one enormous conspiracy theory’

ABA Journal

A federal magistrate judge has imposed sanctions on lawyers who challenged 2020 election methods in an opinion that criticized their “woeful lack of investigation” into…

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“Anaheim Liable for Loss of Life Damages Over Police Chokehold”

HowAppealing

“Anaheim Liable for Loss of Life Damages Over Police Chokehold”: Mary Anne Pazanowski of Bloomberg Law 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 Ninth Circuit issued yesterday.

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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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Remote moots: Preparing to argue at the Supreme Court by phone

SCOTUSBlog

Share The Supreme Court has not yet announced whether it will return to normal operations when the 2021-22 term begins in October. This article is part of a symposium about how the coronavirus pandemic changed the court — and which of those changes are worth keeping. Debbie Shrager is the director of the Supreme Court Institute. Special thanks to Assistant Director Sarah Naiman, who helped make SCI the standard-bearer of Zoom mooting.

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“Back to Court; Back to School.”

HowAppealing

“Back to Court; Back to School.” Michael C. Dorf has this post at his “Dorf on Law” blog discussing his essay today at Justia’s Verdict titled “ Improve the Supreme Court by Making it Less and More Like Elementary School.

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From Everlane to Equinox, a (Running) Timeline of the Investments of LVMH-Affiliated Private Equity Titan L Catterton

The Fashion Law

From the multi-billion-dollar bidding for Birkenstock to the latest funding round for Rihanna’s Savage x Fenty lingerie venture, L Catterton’s name has been making headlines with increasing frequency in recent weeks, making it one of the must-know names in the private equity space when it comes to fashion and retail more generally. Initially launched as Catterton in 1989, a leading consumer-focused private equity firm, the current version of the firm, L Catterton, got its start in 2016 when LVMH

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“New national Marquette Law School Poll finds public approval of the Supreme Court to be high, partisanship to shape views of justices and decisions”

HowAppealing

“New national Marquette Law School Poll finds public approval of the Supreme Court to be high, partisanship to shape views of justices and decisions”: Marquette University Law School issued this news release yesterday. You can access the detailed results of the poll via this link.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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$13M Settlement For Victims Of Canadian Doctor Who Used Own Sperm On Patients

Above The Law

It's estimated that there were approximately 500 successful births through artificial insemination linked to the doctor during the claim period.

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“George Mason University Law Professor Challenges Covid-19 Policy”

HowAppealing

“George Mason University Law Professor Challenges Covid-19 Policy”: Brian Flood of Bloomberg Law has this report on an action filed yesterday in the U.S. District Court for the Eastern District of Virginia.

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Morning Docket: 08.04.21

Above The Law

* Pardon me?! St. Louis lawyer couple who pointed guns at 1st Amendment users pardoned of their assault and harassment charges. [ NY Daily News ] * A/S/L = Jail time for NJ dude who posted a judge's private information. [ ABA Journal ] * His Brother's Keeper: CNN's Cuomo advised New York's Cuomo amid his sexual harassment allegations. [ The Hill ] * Push for eviction moratorium extension in the wake of COVID. [ HuffPost ] * Lawyers with kids worry about returning to work and ferrying COVID back

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“Iran Escapes Liability for Soldier’s Torture, Hostage Claims”

HowAppealing

“Iran Escapes Liability for Soldier’s Torture, Hostage Claims”: Brian Flood of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.

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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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South Dakota Supreme Court Lets Sioux Falls Excessive Force Lawsuit Continue

LegalReader

While the Supreme Court did find that Sioux Falls officers' warrantless search of a woman's apartment was justified, they felt a jury may be inclined to believe they used excessive force to detain her.

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“Maine Law Regulating Public, Government Cable Channels Upheld”

HowAppealing

“Maine Law Regulating Public, Government Cable Channels Upheld”: Mary Anne Pazanowski of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.

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Can a Motorcycle Accident Turn into a Civil Lawsuit?

LegalReader

Riding a motorcycle provides a strong feeling of freedom. However, there are also risks associated with it, especially since the rider is more exposed to injury during a crash than a car driver.

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This time, the Eighth Circuit holds that appealing from one non-existent court to another non-existent court isn’t a fatal defect

HowAppealing

This time, the Eighth Circuit holds that appealing from one non-existent court to another non-existent court isn’t a fatal defect: You can access yesterday’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. According to yesterday’s ruling, the relevant distinctions between yesterday’s decision and a recent, earlier ruling dismissing an appeal due to defects in the notice of appeal were that the appellants “appealed from a real and specific or

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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.