December, 2023

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Legal Resolutions and Planning for the New Year

LegalTalkNetwork

As the New Year approaches, legal professionals find themselves at the crossroads of reflection and anticipation. Planning for the upcoming year is not only a strategic necessity, but also a crucial step toward ensuring success in an ever-evolving legal landscape. In this blog post, we will explore key considerations and actions that law firms and legal professionals should take to pave the way for a successful and prosperous New Year.

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15 Best General-Interest Nonfiction Books You Dare Not Overlook For Your 2024 Reading List

Above The Law

From prison breaks to a hero banker, the list will help distract you from all that 2024 promises to be. The post 15 Best General-Interest Nonfiction Books You Dare Not Overlook For Your 2024 Reading List appeared first on Above the Law.

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Free Law Project Seeks to Develop Open Access System to Disrupt Court E-Filing; Seeks Court Partners

LawSites

Federal, state and local court e-filing systems are a Tower of Babel-like mishmash of proprietary technologies and paywalls that inhibit public access to court documents. Now, the Free Law Project , a nonprofit devoted to making legal information publicly and freely available, has received a grant to design and prototype an open access and open source court e-filing system, aiming to disrupt the existing system by which e-filing and court management systems make money by selling access to court

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Justices to hear major tax case

SCOTUSBlog

Share The Supreme Court will hear oral argument on Tuesday in a challenge to the constitutionality of a provision of a 2017 corporate tax reform law. A Washington State couple went to court to challenge the law after it increased their tax bill by a one-time payment of roughly $15,000. The federal government says that if the tax is struck down, it could cost the government hundreds of billions of dollars in revenue over the next decade.

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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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Artificial Intelligence and Copyright in China: Lessons from a Recent Court Case

Patently O

by Dennis Crouch Thus far US copyright and patent tribunals have refused to award rights for AI generated works. China has begun its move in the opposite direction with the recent decision granting rights to an artist who created an image using the popular generative AI system Stable Diffusion. The case of Li v. Liu was decided by the recently Beijing Internet Court.

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Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

Climate litigation in Germany has achieved another major victory. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. Germany that the federal government must adopt an immediate action program (‘Sofortprogramm’) under the Federal Climate Change Act (CCA). The program is intended to ensure compliance with the annual emission targets for the building and transportation sectors for the years 2024 to 2030.

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Clarence Thomas Thinks He Was Practically Forced To Take All That Under The Table Money

Above The Law

If you only made more than the vast majority of Americans, you'd stoop to begging too! - Clarence Thomas, probably. The post Clarence Thomas Thinks He Was Practically Forced To Take All That Under The Table Money appeared first on Above the Law.

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Court conflicted over Purdue Pharma bankruptcy plan that shields Sacklers from liability

SCOTUSBlog

Share It has been 27 years since the prescription opioid OxyContin first came on the market. The manufacturer of the drug, Purdue Pharma, promoted the drug as less susceptible to abuse, but OxyContin proved instead to be highly addictive. The result was a public health crisis and, eventually, thousands of lawsuits seeking trillions of dollars against Purdue Pharma and the Sackler family, which principally owns the company and controlled it until recently, accusing them of having deceptively mark

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Four Months After Launching Its ‘Homegrown’ GenAI Tool, Law Firm Gunderson Dettmer Reports On Results So Far, New Features, And A Surprise on Cost

LawSites

In August, the Silicon Valley-based international law firm Gunderson Dettmer became one of the first U.S.-based firms — if not the first — to develop and launch a “homegrown” internal generative AI tool, which it calls ChatGD. As Joe Green , the firm’s chief innovation officer, told me at the time , “Given our position as a firm that focuses exclusively on working with the most innovative companies and investors in the world, we thought it would be really worthwhile for us to

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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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Murder conviction overturned because eyewitness was legally blind

ABA Journal

A judge in Chicago overturned a murder conviction Tuesday after defense lawyers produced evidence that an eyewitness who testified during the 2014 trial was legally…

Legal 131
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Russia Supreme Court labels LGBTQ+ movement ‘extremist,’ drawing international condemnation

JURIST

UN High Commissioner for Human Rights Volker Türk condemned on Thursday the Russian Supreme Court’s decision to outlaw the LGBTQ+ movement in the country and label proponents of the movement “extremists” under new legislation. The court’s decision is the most recent development in Russia’s ongoing crackdown against LGBTQ+ people within the country.

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Skinny Label Avoids Infringement

Patently O

by Dennis Crouch H. Lundbeck A/S v. Lupin Ltd. , Nos. 2022-1194, 2022-1208, 2022-1246 (Fed. Cir. Dec. 7, 2023) (Opinion by Judge Dyk, joined by Judges Prost and Hughes). The Federal Circuit recently affirmed a district court judgment finding that Abbreviated New Drug Applications (“ANDAs”) submitted by generic drug manufacturers did not infringe patents rights held by H.

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Alina Habba, You Got Some ‘Splainin’ To Do!

Above The Law

Is it wrong to approach a party represented by counsel and urge them to sign away their rights? Who can say! The post Alina Habba, You Got Some ‘Splainin’ To Do! appeared first on Above the Law.

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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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Are School Shooting Drills Safe for Today’s Youth?

The Crime Report

A federal report released in September found that there were 188 school shootings during the 2021-22 academic year, the highest in more than two decades. National Center for Education Statistics report authors noted that there were half that number of school shootings (93) during the previous year and that, after retail and other business settings, educational settings were the second most common location of active shooter incidents.

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Your Reasons to Not Go Solo Are Wrong: The Top 10 Fears of Going Solo

Attorney at Work

Roy Ginsburg | Don't let your career rot at a dysfunctional firm. The post Your Reasons to Not Go Solo Are Wrong: The Top 10 Fears of Going Solo appeared first on Attorney at Work.

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Top 10 Your Voice columns of 2023

ABA Journal

One of the ABA Journal's most precious assets is our access to engaged legal professionals with a knack for writing and a point of view to share. With that in mind, we launched our Your Voice section in 2018, inviting guest columnists to spark conversations about issues relevant to the profession. Your Voice is chock-full of five years of evergreen advice and thought-provoking pieces of writing, but these 10 were the most read from 2023.

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US appeals court allows California law banning concealed carry of handguns in most public places to take effect

JURIST

The US Court of Appeals for the Ninth Circuit temporarily stayed a district court’s preliminary injunction on Saturday that blocked a California law that prohibits concealed carry permit holders from carrying firearms in most public places. In a two-page order, the court paused the district court injunction pending the resolution of the appeal.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Sabin Center Publishes Report on Climate Litigation in 2023

ClimateChange-ClimateLaw

Today, the Sabin Center published an end-of-year report on the state of climate change litigation in 2023. The report, titled Climate Change in the Courts: A 2023 Thematic Retrospective, examines key cases and rulings that have shaped the legal discourse on climate change in 2023 or that are poised to have an impact in the coming months and years. Drawing from the Sabin Center’s United States (U.S.) and Global Climate Litigation databases, the report provides examples that offer insights into em

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2023’s Wins and Losses in the Reproductive Health Space, Per 2 Advocates

Above The Law

Representatives from the Guttmacher Institute and NFPRHA shared their wins and losses for reproductive health in 2023. Their wins include states moving to protect contraception and the approval of Opill, while their losses include state enactments of abortion bans and the lack of funding for Title X.

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Startup Alley Voting Ends Friday, Dec. 29! Here Are the Standings As Of Now

LawSites

Voting ends Friday, Dec. 29, to pick the 15 startups that will go to Startup Alley at ABA TECHSHOW in February. Here are the standings as of this morning. As a reminder, you get to pick the 15 startups out of 25 semifinalists. The 15 startups selected will face off in a live pitch competition that is the opening night event of TECHSHOW, which is Feb. 14-17, 2024, in Chicago.

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Religion and the Death Penalty’s Most Devout Supporters: “Father Forgive them, for They Know Not What They Are Doing”

The Crime Report

Twenty-four people have been put to death in the US this year with the executions all taking place in five states as of December 7. The death penalty has always been, and continues to be, a regional punishment favored in the most violent, politically conservative states: the Confederate states and their bordering neighbors. Yet this region of the country is considered the most religious, especially with evangelical Christians.

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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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Relax with our favorite long reads of 2023

ABA Journal

Hopefully you're going to have some time over the winter holidays to cozy up with a good story. We've curated a list of some of our favorite web and print long reads from 2023. There's a mix of popular features and some under-the-radar stories that you may have missed.

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Sri Lanka to establish independent commission for truth and reconciliation

JURIST

The Sri Lankan government announced Friday the establishment an independent Commission for Truth, Unity and Reconciliation through an act introduced in Sri Lanka’s Parliament. The government stated that the commission is intended to “ensure an inclusive process in developing legislation that strengthens and safeguards national unity through truth, transitional justice, reconciliation, reparation and social cohesion.” The commission will also aim to prevent any conflict between

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Sabin Center’s Network of Peer Reviewers Responds to African Commission’s Call for Comments on Climate Change and Human Rights

ClimateChange-ClimateLaw

Last week, the Sabin Center’s Peer Reviewer Network provided a detailed comment in response to the African Commission on Human and Peoples’ Rights’ Call for Comments on the draft study concerning the impact of climate change on human rights in Africa. The comment offers recommendations to strengthen the draft study’s approach to the human rights implications of climate change and addresses key areas of climate change law.

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A Step Too Far: Congress Must Act on Insurance Company Tactics that Delay Critical Care for Patients

Above The Law

This bipartisan legislation will help create a more transparent process that allows patients and physicians to seek exceptions to step therapy protocol. Although it only applies to employer-sponsored health plans, the bill represents an important step towards reining in this troubling practice.

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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.