Sun.Aug 15, 2021

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Afghanistan dispatches: Afghan law student on the fall of Kabul and Taliban victory

JURIST

JURIST EXCLUSIVE – The author is a law student in Kabul who also works in a local law office; he wrote this for JURIST late Sunday AFT. For privacy and security reasons we are withholding his name. The text has been only lightly edited to respect the author’s voice. Today Kabul was taken. During the afternoon I went to office and heard of the rumors that the Taliban has entered the city from west of the city.

Laws 253
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Sixth Circuit Finds Prosecutor Had No Duty to Learn About Department of Corrections Mental Health Records For State's Witness

EvidenceProf Blog

Pursuant to Brady v. Maryland, the State has an affirmative obligation under the Due Process Clause to timely disclose material exculpatory evidence to the defense. Moreover, Kyles v. Whitley stands for the proposition that an"individual prosecutor has a duty to.

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Shell to pay $111M in damages for 1970s oil spill in Nigeria

JURIST

Royal Dutch Shell (Shell), one of the world’s six “supermajor” oil companies , on Wednesday announced it will pay N 45.9 billion (naira) (US $111.6 million) in settling a decades-long legal dispute concerning an oil spill that occurred during the Biafran-Nigerian civil war. A coalition of ten Ogoni community members led by Chief Isaac Agbara in Eleme, Rivers State brought the suit in 1991 seeking damages against the Nigerian branch of the Shell Petroleum Development Company (SP

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“A Taney descendant joins the effort to rename Philly’s Taney Street; Joy Taney, a descendant of the U.S. Supreme Court Justice Roger B. Taney who authored the Dred Scott decision joined a group of Philadelphia activists seeking to rename a street named for the justice”

HowAppealing

“A Taney descendant joins the effort to rename Philly’s Taney Street; Joy Taney, a descendant of the U.S. Supreme Court Justice Roger B. Taney who authored the Dred Scott decision joined a group of Philadelphia activists seeking to rename a street named for the justice”: Sarah Gantz of The Philadelphia Inquirer has this report.

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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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US Supreme Court blocks part of NY eviction ban

JURIST

The US Supreme Court issued an emergency order on Thursday blocking part of New York’s eviction moratorium aimed at protecting renters from eviction during the COVID-19 pandemic. As a result of the emergency order, thousands of renters will potentially face eviction. The emergency order will remove the “self-attestation” ability for renters, which previously allowed renters to state that they are suffering from COVID-19 hardships.

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More Trending

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This Week in Regulation for Broadcasters: August 7, 2021 to August 13, 2021

Broadcast Law Blog

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations. The FCC and FEMA conducted their annual Nationwide Test of the EAS system on Wednesday, August 11. All broadcasters should have submitted “day of” test results in the FCC’s ETRS system by Thursday, August 12, and are required to provide more detailed information about the test results in ETRS F

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“Judicial Notice (08.14.21): Secret Santa Skadden; A belated nomination for Solicitor General, British firms descend upon the West Coast, and other legal news from the week that was.”

HowAppealing

“Judicial Notice (08.14.21): Secret Santa Skadden; A belated nomination for Solicitor General, British firms descend upon the West Coast, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Legal 100
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Pete Recommends – Weekly highlights on cyber security issues, August 15, 2021

LLRX

Privacy and security issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and security, often without our situational awareness.

Education 101
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“On voting rights, Chief Justice Roberts is far from a moderating voice”

HowAppealing

“On voting rights, Chief Justice Roberts is far from a moderating voice”: Jazmine Ulloa has this front page article in today’s edition of The Boston Globe.

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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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My Dog Bit a Property Trespasser. Can They Sue Me?

LegalReader

If someone, most likely a person in your neighborhood, trespassed on your property, got bitten by your dog, and is now threatening to sue, you can rest easy.

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“Texas takes its ban on school mask mandates to the state Supreme Court”

HowAppealing

“Texas takes its ban on school mask mandates to the state Supreme Court”: Andrea Kannapell of The New York Times has this report.

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5 Things You Need to Know Before You Accept That Settlement

LegalReader

It’s not universally true that you can get a bigger award in a trial, but it’s worth exploring the option if the settlement offer is a lowball offer.

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The 6-Year Saga Finally Ends: FDA Issues Final Rule Modifying The Intended Use Regulation

FDA Law Blog

By Jeffrey K. Shapiro — A determination of “intended use” is fundamental to FDA’s regulation of drugs and medical devices. It is a primary basis for determining if an article is regulated by FDA at all, and if so, what regulatory requirements apply. It is embodied in parallel drug and device regulatory definitions of intended use (21 C.F.R. §§ 201.128 (drugs), 801.4 (devices)).

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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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Can People Get a DWI for Prescription Drugs? What Then?

LegalReader

It is helpful to know which drugs are most likely to cause impairment and lead to a charge of driving while under the influence.

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Patently-O Bits and Bytes by Juvan Bonni

Patently O

Recent Headlines in the IP World: Atty. Abigail Smith: FCA Upholds Reconsideration Decision Maintaining $100M+ Award Against Apotex for Cefaclor Patent Infringement (Source: JD Supra). Kara Eyer: Sheppard Mullin Adds Intellectual Property Team in Washington, D.C. (Source: Business Wire). Susan Decker and Matthew Bultman: Apple Sinks ‘Submarine Patent,’ Escapes $308.5 Million Verdict (Source: Bloomberg).

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5 Ways the Consequences of a Car Accident Can Haunt You

LegalReader

A car accident can change your life instantly, but the ways in which it does so can be hard to estimate at first.

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VOILA! LET’S ARBITRATE! BLOG POST-8: ARBITRATION PROCEEDINGS ABOUT TO HAPPEN!

LexForti

Now we have arrived to the most important part in the process of International Commercial Arbitration i.e., the Arbitration Proceedings. Since we have come this far, I think it is safe to say that Arbitration proceedings are very flexible in respect to the place, time and procedure decided. The arbitral tribunal should treat the parties equally and each party should be given full opportunity to present its case.

Legal 52
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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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United States: Update: Permanent Injunction Granted In Favor Of Ronald Reagan Foundation Against Trademark Infringement - Frankfurt Kurnit Klein & Selz

Mondaq

The Reagan Foundation asked the court to enjoin the defendants from engaging in infringing use of its marks, among other things.

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VOILA! LET’S ARBITRATE! BLOG POST-9:Award them with the Award!

LexForti

We have finally come to the that point for which we actually started to understand the complete process of International Commercial Arbitration. That is…. The Arbitration Award!! After considering all the written and oral submission of both the parties, the tribunal gives the much-awaited decision which is also known as Arbitral Award. This decision of the arbitral tribunal must be by a majority and in writing and signed by all the members of the tribunal.

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Australia: Athlete Management Agreements - Sajen Legal

Mondaq

While many management agreements are unique, most litigation of these agreements is confined to certain common clauses.

Legal 52
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VOILA! LET’S ARBITRATE! BLOG POST-7: ARBITRATORS AND THEIR APPOINTMENT

LexForti

So today we are going to talk about the appointment of arbitrators in an International commercial arbitration. In any kind of Arbitration with its seat in India, parties are free to agree on a procedure for appointing the arbitrator according to Section 11 of the arbitration and conciliation act 1996. However, if there is absence of any kind of agreement on the procedure for the appointment of arbitrator or arbitrators then each party will appoint one arbitrator and the two appointed arbitrators

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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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Australia: Voluntary Administration process: What to expect – a guide for the uninitiated. - Sajen Legal

Mondaq

This article focuses on Voluntary Administration, the processes and what to expect.

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UN experts call for moratorium on the sale of surveillance technology

JURIST

A panel of human rights experts called on the UN member states to place a moratorium on the sale of surveillance technology until there is a regulatory framework that protects human rights. In a statement released Thursday, the group of experts said they were “deeply concerned that highly sophisticated intrusive tools are being used to monitor, intimidate and silence human rights defenders, journalists and political opponents.”.

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“Landlords aim to block Biden’s new eviction moratorium in appeals court”

HowAppealing

“Landlords aim to block Biden’s new eviction moratorium in appeals court”: Tierney Sneed of CNN has this report. Last night, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued this scheduling order.

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Building a-typically extraordinary teams | Cringey responses to web reviews | DOJ’s A2J redux

LegalTalkNetwork

Building good teams often requires valuing the unique strengths of each member. For legal teams, diversity of thought and perspective can make all the difference when solving problems. If everyone thinks the same way, creative solutions may be elusive. Haley Moss speaks to the issue of neurodiversity in her book, “ Great Minds Think Differently: Neurodiversity for Lawyers and Other Professionals.”.

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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.