Sun.Jan 24, 2021

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Google and Facebook oppose proposed Australian law requiring them to pay news media companies

JURIST

Tech platforms such as Google and Facebook are currently fighting a proposed Australian law that will force them to remunerate Australian news media companies. The Australian government introduced the News Media and Digital Platforms Mandatory Bargaining Code in December 2020 after more than three years of extensive public consultation in order to “address the bargaining power imbalance between news media businesses and digital platforms.” The Code is aimed at sustaining public inte

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The Secret Sauce Is There Is No Secret Sauce: Converting Your Sales Process for the Convenience Economy

NCBA Law Practice Management Blog

There is likely a mentor in your past who told you to make sure that you don’t give away the farm when talking to potential clients. The idea is to leave them wanting more. That’s bad advice. If you leave legal consumers wanting more in 2020, they will go find another attorney. The fact is, even without the emergence of the coronavirus, the convenience economy was coming in hot anyway.

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California AG announces civil rights investigation of Los Angeles County Sheriff’s Department

JURIST

California Attorney General Xavier Becerra announced on Friday the launch of a civil rights investigation into an alleged pattern of unconstitutional policing conducted by the Los Angeles County Sheriff’s Department (LASD). The California Constitution and the California Civil Code Section 52.3 authorize the California Attorney General to conduct civil investigations of law enforcement agencies in order to determine whether the agency engaged in conduct that violates state or federal law.

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Texas Court of Appeals Finds Sequestration of Defense Expert Was Proper During Deputy's Testimony

EvidenceProf Blog

Texas Rule of Evidence 614 states that At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize.

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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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Son of couple killed in Tree of Life shooting sues Colt and NRA for radicalizing shooter

JURIST

Marc Simon, the son of Sylvan and Bernice Simon, both of whom were killed in the Tree of Life shooting, has sued firearms manufacturer Colt and the National Rifle Association (NRA) for their roles in radicalizing Robert Bowers, the indicted shooter. The novel 47-page complaint , filed in the Allegheny County Court of Common Pleas, alleges that the gun lobby radicalizes people with “mendacious white supremacist conspiracy theories” in order to make increased profits.

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“The Supreme Court’s run out of excuses to avoid controversial issues”

HowAppealing

“The Supreme Court’s run out of excuses to avoid controversial issues”: Ariane de Vogue of CNN has this report.

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Launch: Latin American Center of European Studies

Conflict of Laws

Written by Aline Beltrame de Moura , Professor at the Federal University of Santa Catarina, in Brazil. It is with great satisfaction that we announce the launch of the Portal of the Latin American Center of European Studies (LACES) – www.eurolatinstudies.com. The portal proposes to create a channel for dialogue and exchange of good practices between Latin America and Europe through the dissemination of innovative scientific research with the Latin American Journal of European Studies, and

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“‘Bamboozled.’ Hawley mentors stunned by conduct, but early warning signs were there.”

HowAppealing

“‘Bamboozled.’ Hawley mentors stunned by conduct, but early warning signs were there.” Bryan Lowry, Jonathan Shorman, and Eric Adler have this front page article in today’s edition of The Kansas City Star.

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Woodward 2021 Shareholder Presentation 1/27

Corporate Governance

Woodward 2021 Shareholder Presentation: Background My proxy voting recommendations for the January 27, 2021 meeting can be found at Woodward 2021: Empower Workers. The meeting begins at 7 AM Pacific Time. View the Proxy Statement via SEC’s EDGAR system. This post is a draft of my presentation of Proposal #5. Registered shareholders will be sent a link one hour prior […].

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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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“Is an Innocent Man Still Languishing on Death Row? We’ve seen the DNA evidence in the Kevin Cooper case. It points elsewhere.”

HowAppealing

“Is an Innocent Man Still Languishing on Death Row? We’ve seen the DNA evidence in the Kevin Cooper case. It points elsewhere.” Columnist Nicholas Kristof has this essay in the Sunday Review section of today’s edition of The New York Times.

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Judge Scraps National Rifle Association’s Ploy to Avoid Litigation

LegalReader

The New York-based judge rejected the NRA's attempts to move the case to a venue more favorable to its position.

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“Internet Gambling Hits the Jackpot in First Circuit; The Justice Department went bust-o Wednesday in its attempt to shut down online betting, including state lotteries”

HowAppealing

“Internet Gambling Hits the Jackpot in First Circuit; The Justice Department went bust-o Wednesday in its attempt to shut down online betting, including state lotteries”: Thomas F. Harrison of Courthouse News Service has this report on a ruling that a two-judge panel of the U.S. Court of Appeals for the First Circuit issued Wednesday.

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How to Prepare for National Adoption Day 2021 in California

A People's Choice

“No matter how the?y arrive in the family, an adopted child is a child of the parents who adopted them.??” HealthyChildren.org There are countless heartwarming scenes from adoption courts all over the country with new families literally jumping for joy. National Adoption Day celebrates these families every year on the Saturday before Thanksgiving. This [.].

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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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“Federal judge says Boston can reject raising of Christian flag at City Hall”

HowAppealing

“Federal judge says Boston can reject raising of Christian flag at City Hall”: Andrew Martinez of The Boston Herald had this report back in February 2020. And in August 2020, columnist Jeff Jacoby had an essay titled “ The Christian flag and the Boston flagpole: Whose messages can fly above City Hall Plaza? That question is at the heart of an important First Amendment case ” online at The Boston Globe.

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McKeesport Nursing Home Sued by Family of Former Steelers Lineman, Sam Davis

LegalReader

The family of Sam Davis is suing a McKeesport nursing home over allegations of negligence and wrongful death.

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“Apple Keeps iPad Trademark Win Against Website Owner on Appeal”

HowAppealing

“Apple Keeps iPad Trademark Win Against Website Owner on Appeal”: Blake Brittain of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued Thursday.

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Oklahoma Senator Introduces Bill to Prevent Pregnancy Discrimination on Campus

LegalReader

Sen. Mary Boren (D) of Oklahoma recently introduced a bill that would improve Title IX protections for pregnant students.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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“Still serving at 87, Dianne Feinstein brushes off calls to resign over memory issues”

HowAppealing

“Still serving at 87, Dianne Feinstein brushes off calls to resign over memory issues”: Kate Irby has this front page article in today’s edition of The Sacramento Bee.

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First Issue of 2021’s International and Comparative Law Quarterly

Conflict of Laws

The first issue of 2021’s International and Comparative Law Quarterly has recently been published. It features a book review by Dr. Nahel Asfour of Dr. Gianluigi Passarelli’s book titled “Contract Law in Contemporary International Commerce: Considerations on the Complex Relationship between Legal Process and Market Process in the New Era of Globalisation [Nomos, Baden-Baden, 2019]. ” It contains no other topic that is directly on private international law.

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“California’s ban on indoor worship upheld, but future caps on church services in limbo”

HowAppealing

“California’s ban on indoor worship upheld, but future caps on church services in limbo”: Vincent Moleski of The Sacramento Bee has this report. And Martin Macias Jr of Courthouse News Service reports that “ Ninth Circuit Denies California Church’s Bid to Overturn Indoor Worship Ban.” You can access Friday’s ruling of a unanimous three-judge panel of the U.S.

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Does the examiner need to provide a copy of the reference for it to be “on the record” before the PTAB?

Patently O

The new petition for certiorari in Samaranayake v. Iancu (Supreme Court 2021) has little chance of being granted, but it does offer some insight on USPTO procedure. I mentioned 35 U.S.C. § 144 in a prior post this week. This case also focuses on Section 144 and asks whether the Federal Circuit exceeded its statutory jurisdiction by creating its own record rather than relying solely on the record before the USPTO.

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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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“First Amendment Allows False Ad Suit Against Ratings Publisher”

HowAppealing

“First Amendment Allows False Ad Suit Against Ratings Publisher”: Martina Barash 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 Friday.

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Rhode Island Professor Denounces Science, Statistics, and Technology As “Inherently Racist”

JonathanTurley

We have previously discussed the radical declarations of University of Rhode Island and Director of Graduate Studies Erik Loomis who has defended the murder of a conservative protester and said that he saw “nothing wrong” with such acts of violence. (A view defended by other academics ). Loomis is now back in the news with a declaration that “Science, statistics, and technology are all inherently racist because they are developed by racists who live in a racist society, whether they

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“Political upheaval alters strategies in US abortion debate”

HowAppealing

“Political upheaval alters strategies in US abortion debate”: David Crary of The Associated Press has this report.

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Álvarez-Armas on potential human-rights-related amendments to the Rome II Regulation (I): The law applicable to SLAPPs

Conflict of Laws

Eduardo Álvarez-Armas is Lecturer in Law at Brunel University London and Affiliated Researcher at the Université Catholique de Louvain. He has kindly provided us with his thoughts on recent proposals for amending the Rome II Regulation. This is the first part of his contribution; a second one on corporate social responsibility will follow in the next days.

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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.