Mon.Apr 26, 2021

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US seizes oil tanker used to violate North Korea sanctions

JURIST

The US Attorney for the Southern District of New York filed a criminal complaint on Friday against Singaporean national Kwek Kee Seng for illicitly transporting oil into North Korea. Kewk Kee Seng is charged with violating the International Emergency Economic Powers Act and conspiring to commit international money laundering. These charges arose after Kwek Kee Seng transported oil into North Korea on the M/T Courageous, an oil tanker he purchased in 2019.

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My New Supreme Court Amici Curia Brief in a Stop & Frisk Case

EvidenceProf Blog

Should a police officer be able to frisk a suspect without an actual, good faith belief that the suspect is armed and presently dangerous? Some courts have answered this question in the affirmative. Other courts have held that such a.

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Trending Sources

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Germany media and advertising industry files antitrust complaint against Apple over new feature

JURIST

The German Advertising Federation, or ZAW, on Monday filed an antitrust complaint against Apple over the leading tech corporation’s rollout of the App Tracking Transparency (ATT) feature. The complaint claims that Apple was abusing its market power and, overall, violating antitrust law. Apple launched the new feature through an update to its iOS operating system on Monday.

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Start Fresh: A Legacy System is the Recycling Bin for All Your Old Business Processes

NCBA Law Practice Management Blog

Most law firms need to update their technology, and many are aware of it. Of course, that doesn’t mean they will actually update their technology. A primary reason for the reluctance is simple: data transfers suck. For example, i f you’re thinking of replacing your case management software , one of the main reasons you would hold off is because the data migration seems costly, and time-consuming.

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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 rules Federal Trade Commission cannot seek monetary relief for unfair or deceptive business practices

JURIST

In a unanimous decision, the US Supreme Court on Friday held that the Federal Trade Commission (FTC) cannot demand equitable monetary relief under section 13(b) of the Federal Trade Commission Act (FTCA). The case involved Scott Tucker, payday loan businessman and convicted racketeer, and his AMG Capital Management company. The FTC initially levied a $1.27 billion fine against AMG Capital, which was overturned as a result of this decision.

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Asylum seeker sues UK Home Office after having stillborn baby

JURIST

An asylum seeker has filed a claim against the UK’s Home Office after her baby died in utero and was stillborn when she was in support accommodation provided by the Home Office. Judge Freeland QC ordered that the woman’s name be suppressed in a remote ruling of the County Court at Central London. The woman alleges that the support accommodation staff failed to call an ambulance after she requested they do so while bleeding and in pain.

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“U.S. Supreme Court ponders cheerleader’s profanity in free speech flap”

HowAppealing

“U.S. Supreme Court ponders cheerleader’s profanity in free speech flap”: Andrew Chung of Reuters has this report.

Court 133
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Federal appeals court reinstates Tennessee abortion waiting period

JURIST

The US Court of Appeals for the Sixth Circuit on Friday reinstated a 48-hour waiting period for women seeking abortions in Tennessee. Tenn. Code § 39-15-202 , enacted in 2015, mandated that women make two trips to an abortion client. On the first trip, women seeking abortions received mandatory counseling and information regarding abortion risks. Then, women were required to wait 48 hours before returning for the actual procedure.

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SIX HARD DON’TS FOR RETAINER AGREEMENTS

My Shingle

Lawyers have reasonably discretion over what terms to include in a Retainer Agreement depending upon the type of case and applicable ethics rules. That said, there are some hard don’ts, i.e., terms that you don’t want to ever include. Here’s a quick sampling: 1.

Lawyer 133
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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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EU sues AstraZeneca over delayed COVID-19 vaccine supply

JURIST

Stefan De Keersmaecker, the European Commission ‘s Public Health and Food Safety Spokesperson, said Monday that Brussels has initiated legal proceedings against AstraZeneca over its delayed supply of COVID-19 vaccines. AstraZeneca delivered 50 million fewer vaccinations to the EU than stipulated in the contract between AstraZeneca and the EU. The Advance Purchase Agreement was published last year with some redactions.

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Marc Jacobs, Ohio State University Both Want Trademark Registrations for the Word “The”

The Fashion Law

A quiet conflict that has pitted two pending trademark applications against one another over the past year has resulted in a formal scuffle between Marc Jacobs and The Ohio State University (“OSU”). On the heels of the two parties filing respective trademark applications to register the word “THE” for use on apparel, OSU has initiated an opposition proceeding in an attempt to block the application that Marc Jacobs filed in May 2019 for “THE” for use on handbags and clothing, among other related

Legal 129
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Turkish prosecutors order arrest of 532 suspects linked to 2016 coup attempt

JURIST

Turkish prosecutors ordered the arrests of 532 suspects with connections to a Muslim cleric allegedly behind a 2016 attempted coup, according to a report on Monday by state-owned Anadolu news agency. These 532 suspects include 459 on-duty military personnel. In 2016 there was a failed coup attempt by rogue soldiers to overthrow President Recep Tayyip Erdo?

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“New Jersey’s Gas Pipeline Veto; The Supreme Court hears Trenton’s claim to regulatory supremacy”

HowAppealing

“New Jersey’s Gas Pipeline Veto; The Supreme Court hears Trenton’s claim to regulatory supremacy”: The Wall Street Journal has published this editorial.

Court 100
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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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5 best practices to Make Your Small Business More Successful

LegalReader

If you have the resilience to push forward, you will eventually overcome the problems. A creative mind and ceaseless willpower can take you to the peak of your career.

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“U.S. court upholds COVID-19 delays in criminal trials, citing half a million lives lost”

HowAppealing

“U.S. court upholds COVID-19 delays in criminal trials, citing half a million lives lost”: Maura Dolan of The Los Angeles Times has this report on two related rulings ( here and here ) that the U.S. Court of Appeals for the Ninth Circuit issued Friday.

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Want an Eligible Patent: Explain the Technological Advance in Sufficient Detail

Patently O

WhitServe LLC v. Dropbox, Inc., 19-2334 ( Fed. Cir. 2021 ) (nonprecedential). The district court dismissed WhitServe’s patent infringement complaint with prejudice — finding the claims ineligible as a matter of law. On appeal, the Federal Circuit has affirmed. WhitServe is the brainchild of patent attorney and inventor Wesley Whitmyer of Whitmyer IP Group.

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“Gun Rights Return to the Supreme Court; The Justices might finally stop lower-court judges from hollowing out the landmark Heller ruling”

HowAppealing

“Gun Rights Return to the Supreme Court; The Justices might finally stop lower-court judges from hollowing out the landmark Heller ruling”: This editorial will appear in Tuesday’s edition of The Wall Street Journal.

Court 100
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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Justice or Punishment? Restorative Justice and the Power to Heal

LegalReader

So how do we fix it? It starts with you. It starts with us. We are all complicit with this system and until we are brave enough to realize it, the system will prevail.

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“Making Sense of the Limited Cert Grant in NYS Rifle & Pistol Association v. Corlett; Why did the Court rewrite the question presented in this Second Amendment case?”

HowAppealing

“Making Sense of the Limited Cert Grant in NYS Rifle & Pistol Association v. Corlett; Why did the Court rewrite the question presented in this Second Amendment case?” Josh Blackman has this post at “The Volokh Conspiracy.

Court 100
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EDTex vs WDTex

Patently O

Here is a simple chart counting law review articles discussing both patent law and either the “Eastern District of Texas” or “Western District of Texas” (or both). Because of some law review delays and dating-games, Westlaw can really only provide data through 2019. W.D.Tex. is now the most popular district court for patent infringement claims, followed by Delaware.

Laws 113
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“7th Circuit shows ‘copyright troll’ the door in floor-plan infringement case”

HowAppealing

“7th Circuit shows ‘copyright troll’ the door in floor-plan infringement case”: Blake Brittain of Reuters has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued Friday.

Court 100
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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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Warming Up a Cold Contact

Attorney at Work

Instead of regretting the connections you’ve failed to tend, try these tips for rekindling your relationship with a cold contact. Recently, I was talking with a lawyer about his contacts and potential targets for new business. He told me one of his law school friends had recently become the general counsel of a Fortune 10 company … but that they hadn’t talked in more than 20 years.

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“TD Ameritrade Wins Legal Battle Over Handling of Investors’ Orders; Some investors opposed brokerage’s practice of routing stock orders to high-speed trading firms”

HowAppealing

“TD Ameritrade Wins Legal Battle Over Handling of Investors’ Orders; Some investors opposed brokerage’s practice of routing stock orders to high-speed trading firms”: Alexander Osipovich of The Wall Street Journal has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued Friday.

Legal 100
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How to Protect Your Mobile Application Against Cyber Attacks

LegalReader

It is important to remember that preventing significant cyber threats from attacking your smartphone apps is more appropriate a strategy than combating them.

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Access today’s Order List of the U.S. Supreme Court

HowAppealing

Access today’s Order List of the U.S. Supreme Court : At this link. The Court granted review in three new cases and called for the views of the Solicitor General’s office in one case. In Alaska v. Wright , No. 20–940, the Court issued a per curiam opinion vacating the judgment of the U.S. Court of Appeals for the Ninth Circuit and remanding for further proceedings.

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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.