Tue.May 17, 2022

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FDA to investigate delay responding to infant formula plant safety concerns

JURIST

US Food and Drug Administration (FDA) Commissioner Robert Califf Monday announced the agency will investigate the delay in dispatching investigators to the Abbott Nutrition infant formula plant in Michigan. This as Abbott Monday announced a plan to restart the Michigan plant in two weeks, in accordance with an FDA consent decree. The FDA and the Centers for Disease Control (CDC) initially launched an investigation into Abbott in late January 2022.

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Adding Value to the Firm – Are you in or Out?

The Estrin Report

by Nora Boghossian Sr. Researcher and Executive Assistant Estrin Legal Staffing. We often talk about how to get a job but why don’t we talk enough about keeping a job? “You are going to have to kick me out, because I’m not going anywhere.” I remember saying that to my boss one day. They knew my loyalty to the firm. I showed it by keeping myself apprised of the latest news, my CLE up-to-date, attending annual conferences, and bringing back best practices to the firm.

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Chile finalizes draft of new constitution replacing Pinochet-era instrument

JURIST

Chile’s Constitutional Convention Monday finalized the draft of a new constitution, following 10 months of negotiations. Chilean citizens overwhelmingly voted in October 2020 to draft the new constitution replacing the guiding principles put in place in 1980 under General Augusto Pinochet’s military dictatorship. . The draft has been heralded for its progressive nature, with it requiring free higher education, gender equality in government leadership, and a robust climate change plan.

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North Carolina Publishes the Results of their Court Appearance Project

CourtTechBulletin

[link] A report on the results of “The Court Appearance Project” in North Carolina was released recently. “The Court Appearance Project launched in August of 2021 to support local North Carolina criminal justice system leaders committed to examining the scale and impact of missed court appearances in their communities and devising policy solutions to address them.

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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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Oregon criminal defendants allege violation of right to counsel

JURIST

Four criminal defendants in Oregon Monday filed a lawsuit against the state for violating their rights to counsel and a speedy trial under the Sixth Amendment. The plaintiff’s allege that an underfunded and failing public defender system has left them without counsel for months. Jason D. Williamson, the executive director of the Center on Race, Inequality, and the Law, stated in a press release : There is a public defense crisis raging across this country… But Oregon is among only a

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Ninth Circuit rules audio-only trial access violates Sixth Amendment right to public trial

JURIST

The US Court of Appeals for the Ninth Circuit Monday held that the District Court for the Northern District of California’s COVID-19 protocols violated defendant James David Allen II’s Sixth Amendment right to a public trial. In 2020, the district court prohibited the public from attending Allen’s suppression hearing and trial “and rejected his request for video-streaming of the proceedings,” allowing only audio access.

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“The Antiscience Supreme Court Is Hurting the Health of Americans; Justice Alito’s leaked opinion signaling an end to Roe is the latest in a broad trend of rejecting science and expertise”

HowAppealing

“The Antiscience Supreme Court Is Hurting the Health of Americans; Justice Alito’s leaked opinion signaling an end to Roe is the latest in a broad trend of rejecting science and expertise”: Law professor Wendy E. Parmet has this essay online at Scientific American.

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Belgium appeals court denies extradition of Spanish rapper accused of insulting monarchy, glorifying terrorism

JURIST

The Ghent Court of Appeal Monday refused to extradite Spanish rapper José Miguel Arenas Beltrán to Spain. Arenas, known by his stage name Valtònyc, was due to serve a three-and-a-half year prison sentence for insulting the Spanish Royal Family and praising the Basque terrorist group Euskadi Ta Askatasuna ( ETA), but he fled to Belgium before starting his sentence in 2018.

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“Supreme Court Takes Clinic Case on Challenges to Convictions”

HowAppealing

“Supreme Court Takes Clinic Case on Challenges to Convictions”: Mike Fox of the University of Virginia School of Law has this report. The involvement of UVA Law’s Supreme Court Litigation Clinic in this case has proved controversial (see, e.g., here and here ).

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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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Peloton and iFIT settle all pending patent infringement litigation

JURIST

Peloton Interactive, Inc. (Peloton) and NordicTrack maker iFIT, Inc. (iFIT) Monday released a joint statement regarding “the settlement of all pending litigation” between the two companies. As a resolution, “ iFIT has agreed to remove certain on-demand leaderboard technology from its products, and Peloton has agreed to license certain iFIT patents relating to remote control technology.” This series of lawsuits began when Peloton and iFIT accused each other of patent infr

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“A Conversation with Chief Judge Sutton”

HowAppealing

“A Conversation with Chief Judge Sutton”: You can access the new episode of the “Advisory Opinions” podcast, featuring David French and Sarah Isgur, via this link.

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Ukraine Prosecutor General announces seizure of Russian oligarch’s assets

JURIST

Ukrainian Prosecutor General Iryna Venediktova Monday announced the seizure of Russian oligarch Mikhail Fridman’s assets worth 12.4 billion hryvnia (approximately 420 million USD). The Prosecutor General’s investigation found that “[t] hese [securities] were in the accounts of [a] bank… which is one of the ten largest financial institutions and included in the systemically important banks of Ukraine.

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“The Supreme Court’s History of Protecting the Powerful: Laurence Tribe discusses the leaked Alito draft, the inherent politics of the judicial branch, and how to behave on Twitter.”

HowAppealing

“The Supreme Court’s History of Protecting the Powerful: Laurence Tribe discusses the leaked Alito draft, the inherent politics of the judicial branch, and how to behave on Twitter.” Isaac Chotiner has this Q&A online at The New Yorker.

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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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UN: Iran must halt execution of Swedish-Iranian doctor and academic

JURIST

Liz Throssell, s pokesperson for the UN High Commissioner for Human Rights, Tuesday called on Iranian authorities to halt the execution of Ahmedreza Djalali and revoke his death sentence. Djalali, a Swedish-Iranian doctor and academic, is scheduled to be executed by May 21, 2022. Though they are still considering Djalali’s request to postpone the execution, Iranian authorities announced that “the verdict is final, and the execution will be carried out.

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“Why Do the Supreme Court Leak and Protests Matter? It’s part of a larger crisis of perceived legitimacy.”

HowAppealing

“Why Do the Supreme Court Leak and Protests Matter? It’s part of a larger crisis of perceived legitimacy.” Patterico has this post at his “The Constitutional Vanguard” Substack site.

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Las Vegas man charged with murder in Southern California church shooting

JURIST

The Orange County (OC) Sheriff’s Department Monday released a statement regarding a shooting at a Laguna Woods church last Saturday. Investigators announced the arrest of 68-year-old David Chou, of Las Vegas, Nevada, on suspicion of murder and attempted murder after he allegedly entered Geneva Presbyterian Church “and fired multiple rounds, striking six victims.” Members of Irvine Taiwanese Presbyterian Church ( ITPC), which has shared space with Geneva Church since 2009, were

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“No mask mandates in Iowa schools, for now, court rules; exceptions could be made in future”

HowAppealing

“No mask mandates in Iowa schools, for now, court rules; exceptions could be made in future”: Ian Richardson of The Des Moines Register has this report on a per curiam decision that the majority on a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued yesterday.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Cuba legislators approve new penal code

JURIST

The National Assembly of People’s Power, Cuba’s Parliament, Sunday approved a new penal code as part of judicial reforms initiated after the approval of a new constitution in April, 2019. President Miguel Diaz-Canel and former President Raul Castro, who governed from 2008 to 2018, attended the session. . The new penal code reinforces sanctions for acts linked to economic and administrative corruption, with scope for new economic actors.

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“Court rules COVID restrictions impeded a Bay Area man’s right to a public trial, overturns gun conviction”

HowAppealing

“Court rules COVID restrictions impeded a Bay Area man’s right to a public trial, overturns gun conviction”: Bob Egelko of The San Francisco Chronicle has this report. And Kevin Rector of The Los Angeles Times reports that “ U.S. appeals court vacates gun conviction because COVID rules had closed trial to the public.” You can access yesterday’s ruling of the U.S.

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DOJ charges Venezuelan programmer behind ‘Thanos’ ransomware

JURIST

The US Department of Justice Monday charged 55-year-old Venezuelan cardiologist Moises Luis Zagala Gonzalez with attempted computer intrusions and conspiracy to commit computer intrusions. According to authorities, Zagala taught himself programming and designed ransomware tools. Ransomware is “malicious software that cybercriminals use to extort money from companies, nonprofits and other institutions, by encrypting those files and then demanding a ransom for the decryption keys.” Br

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“The Gap nixes Exchange Act derivative claims via forum selection — 9th Circ.”

HowAppealing

“The Gap nixes Exchange Act derivative claims via forum selection — 9th Circ.” Alison Frankel’s “On the Case” from Reuters has this post about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued Friday.

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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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Guinea-Bissau president dissolves parliament, alleges corruption

JURIST

Guinea-Bissau’s president, Umaro Sissoco Embalo, Monday dissolved the country’s parliament, the National Popular Assembly. In a video Embalo released after the decision, he accused the Assembly of covering up members’ corruption as well as embezzling government funds. He also cited “persistent and insurmountable differences” between the executive branch and parliament, stymying progress in the country.

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“Court rules against regents in lawsuit over messages about ‘ASU COVID parties'”

HowAppealing

“Court rules against regents in lawsuit over messages about ‘ASU COVID parties'”: Howard Fischer of The Arizona Daily Star has this report on an unpublished decision that the U.S. Court of Appeals for the Ninth Circuit issued Friday.

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Federal Judge Hires Just ONE Woman Law Clerk In 30+ Years… Insists THERE’S NOTHING TO SEE HERE

Above The Law

The impact has been felt across the circuit. The post Federal Judge Hires Just ONE Woman Law Clerk In 30+ Years… Insists THERE’S NOTHING TO SEE HERE appeared first on Above the Law.

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“The problem in this case can be boiled down to the fact that the District Court dismissed a removed case rather than remanding it back to state court when it did not have subject matter jurisdiction because the plaintiffs lacked standing.”

HowAppealing

“The problem in this case can be boiled down to the fact that the District Court dismissed a removed case rather than remanding it back to state court when it did not have subject matter jurisdiction because the plaintiffs lacked standing.” So ruled the U.S. Court of Appeals for the Eleventh Circuit yesterday in a suit challenging Pensacola’s decision to remove a Confederate cenotaph (a monument standing 50 feet tall) from one of the city’s parks.

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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.