Thu.Dec 10, 2020

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UK House of Lords votes to require human rights risk assessments in proposed trade deals

JURIST

The UK House of Lords voted to amend the Trade Bill on Monday to include performance of human rights risk assessments in proposed trade agreements, as well as revocation of trade agreements with countries that are found by the High Court of England and Wales to have committed genocide. The bill was first introduced in the House of Commons earlier this year, with the aim of implementing international trade agreements post-Brexit as well as establishing the Trade Remedies Authority to deal with th

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Court of Appeals of Idaho Finds Lack of Corroborating Circumstances for Statement Against Interest

EvidenceProf Blog

Similar to its federal counterpart, Idaho Rule of Evidence 804(b)(3) provides an exception to the rule against hearsay for A statement that: (A) a reasonable person in the declarant's position would have made only if the person believed it to.

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Supreme Court rules federal officials can be sued for placing Muslims on no-fly list

JURIST

The US Supreme Court ruled 8-0 Thursday in Tanzin v. Tanvir Thursday that federal officials can be personally sued for violating a person’s First Amendment right to religious freedom under the Religious Freedom Restoration Act (RFRA). The case concerned two Muslim respondents whom federal agents placed on the no-fly list after the men refused to act as informants against their Muslim community.

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Argument analysis: Justices at odds over federal robocall ban in the face of technological change

SCOTUSBlog

Bryan Garner argues over telephone for Noah Duguid (Art Lien). On Tuesday, for the second time this year, the Supreme Court heard oral argument on the federal law that bans robocalls to cellphones. The question this time, in Facebook v. Duguid , is whether the Telephone Consumer Protection Act’s ban on robocalling or robotexting cellphones using an “automatic telephone dialing system” includes using a device that can store and automatically dial telephone numbers without using a “random or seque

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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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Supreme Court hears arguments from Fannie Mae, Freddie Mac shareholders

JURIST

The US Supreme Court heard its final oral arguments of the year on Wednesday in the consolidated case of Collins v. Mnuchin. The issues being assessed in this case are whether the structure of the Federal Housing Finance Agency (FHFA) violates the separation of power doctrine, and whether “the courts must set aside a final agency action that FHFA took when it was unconstitutionally structured and strike down the statutory provisions that make FHFA independent.” This case comes from a

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More Trending

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US sanctions former Kyrgyz customs official for role in $700M money laundering scheme

JURIST

The US Treasury Department Office of Foreign Assets Control announced sanctions Wednesday on former Kyrgyz Customs Service deputy Raimbek Matraimov for his role in a $700 million money-laundering scheme. The Treasury also announced sanctions on two other individuals and three companies. According to the department, Matraimov was involved in a company’s evasion of custom fees through bribery of customs officials.

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Who Says its Not Convenient? Mandamus on 1404(a) Convenience

Patently O

by Dennis Crouch. In re Apple ( Apple v. Uniloc ), Misc. Docket No. 20-135 (Fed. Cir. 2020). In November 2020, the Federal Circuit granted Apple’s mandamus petition and ordered the case of Uniloc v. Apple to be transferred from W.D.Tex. (Albright, J) to Apple’s other home-court of N.D. Cal. In the Federal Circuit’s opinion, the district court had clearly abused its discretion in finding that N.D.

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Man thought to be longest-serving nonviolent marijuana prisoner is released

ABA Journal

A 71-year-old Florida inmate was released Tuesday after serving 31 years of a 90-year prison sentence for trafficking marijuana.

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How Smart Tech Is Reshaping the Product Recall Scene

LawTechnologyToday

Faulty medical devices not only endanger the lives of the users, they may also mean the collapse of a company. There have been cases of bankruptcy for large organizations after the recall of their products. If incidents like these can cause the fall of multinational companies, imagine what may happen for smaller manufacturers. Statistics have shown that organizations record an average 10% decline in their share prices after a recall.

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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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Editor’s Picks: Can vaccines be mandated? | Marketing speak decoded | Pandemic-era holiday shopping from bizarre to trendy

LegalTalkNetwork

Vaccines for COVID-19 are headed to the market at lightning speed. The quicker the better for those eager to return to some sort of normal. That’s not to say there isn’t anxiety as the vaccine becomes available. And employers are wrestling with whether they should mandate vaccines for workers. On Legal Talk Today , host Laurence Colletti speaks with labor and employment lawyer Christine Bestor Townsend to break down which employers are likely to require vaccines, who can say no, what accommodati

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Opinion analysis: Justices allow Muslim men placed on “no fly” list to sue FBI agents for money damages

SCOTUSBlog

The Supreme Court ruled unanimously on Thursday that three Muslim men who say that they were put on the “no fly” list after they refused to become FBI informants can sue the FBI agents who put them there for money damages. The decision was a significant one not only for the plaintiffs but also for cases involving violations of religious rights more broadly.

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Three Key Questions to Ask Before Collecting Remotely

LawTechnologyToday

Worldwide, businesses, industries, and governments are attempting to reopen and recover from the early disruptions of the pandemic. Legal and compliance work is beginning to ramp back up and teams are looking to understand how to conduct investigations effectively with all the changes since the pandemic first began. Even so, operations will remain far from normal for a long time to come, leaving teams searching for efficient and defensible ways to conduct discovery work remotely.

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Paralegal Spotlight: Teri Rodriguez

NCBA

By the Communications Committee Paralegal Spotlight is the Division’s monthly publication designed to share Division members’ stories with colleagues, inspire present and future paralegal professionals, and strengthen awareness of the profession and association. Each month we select one amazing paralegal from among our membership and ask them to share a little about their personal and […].

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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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Standing issue keeps SCOTUS from ruling on state requirement for politically balanced courts

ABA Journal

A Delaware lawyer didn’t have standing to challenge a state requirement for political balance and major-party judges on the state’s top courts, the U.S.

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Supreme Court will hear murder conspiracy case

At the Lectern

Six days after being sworn in as a Supreme Court justice, Justice Martin Jenkins participated in his first conference yesterday. And it was a double one. Besides rejecting a Golden State Warriors petition for review, other conference actions of note included: In the first straight grant since October 21 , the court agreed to hear People v. Ware. The case might be renamed later, because the court denied two defendants’ petitions for review, granting only the petition filed by defendant H

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SCOTUS Decision on Article III Standing: Carney v. Adams

LPB Network

Today the Supreme Court issued a unanimous (8-0) decision in Carney v. Adams, covered earlier here. Justice Breyer’s opinion begins: This case concerns a Delaware constitutional provision that requires that appointments to Delaware’s major courts reflect a partisan balance. Delaware’s.

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Just published: “The International Commission on Civil Status in Danger”

Conflict of Laws

Just published in Recueil Dalloz : a “cri d’alarme” by Professors Lagarde, Gaudemet-Tallon, Kessedjian, Jault-Seseke and Pataut concerning the fate of the useful International Commission on Civil Status. Here is a translation of their call to action: The International Commission on Civil Status in Danger [1]. POINT de Vue Recueil Dalloz issue N° 42 of 3 December 2020, p. 2355 by Paul Lagarde, Professor emeritus Paris I University, Hélène Gaudemet-Tallon, Professor emeritus Paris II University,

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Statements against interest

Court-MartialTrialPractice

Prof. Colin Miller begins, Similar to its federal counterpart , Idaho Rule of Evidence 804(b)(3) provides an exception to the rule against hearsay for. A statement that: Continue reading.

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Update HCCH 2019 Judgments Convention Repository

Conflict of Laws

In preparation of the Conference on the HCCH 2019 Judgments Convention on 13/14 September 2021, planned to be taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Please email us if you miss something in it, we will update immediately…. We all benefited from your contributions at the Video Pre-Conference Roundtable on 29 October 2020.

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Briggs, Collins, and Mangahas

Court-MartialTrialPractice

The Supreme Court has reversed CAAF in Briggs and Colins, which effectively also overrules Mangahas. Click to access 19-108_8njq.pdf.

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Supreme Court rules for Muslim men seeking damages for alleged no-fly-list retaliation

ABA Journal

The U.S.

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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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Call for Papers: Corporate accountability for human rights violations originating in Africa

Conflict of Laws

More info here.

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ALPS In Brief – Episode 53: How to Handle Extraordinary Experiences

ALPS

It was January of 2020 in Birmingham, Alabama. Jeremy woke to a noise in the middle of the night and went outside to investigate. He could see three men coming out of the woods behind his house. One of the men had something in his arms. Jeremy told them to stop, an altercation ensued, the man dropped what he was carrying and all three ran off. Jeremy walked to the edge of the woods to see what the man had left behind.

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Justice Liu mentioned as possible California Attorney General appointee

At the Lectern

Veteran political journalist Dan Walters of CalMatters suggests that Governor Gavin Newsom could tap Supreme Court Justice Goodwin Liu as the state’s next Attorney General if current AG Xavier Becerra is confirmed as President-elect Joe Biden’s Secretary of Health and Human Services. Walters says, “Newsom made much of his appointment of a Black gay man, Martin Jenkins, to the state Supreme Court and is likely to appoint a Latino to the Senate.

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Give Your Company a Competitive Edge With Customer Lifecycle Marketing

The Process Street

This is a guest post by Jin Choi. Jin Choi is a writer who runs the MoneyNam blog. His favorite hobbies include learning about the newest trends in online marketing and lifting heavy iron at the gym. The customer lifecycle consists of the stages that a customer goes through from the moment they become aware of your company to the moment they purchase your product.

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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.