January, 2021

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Supreme Court hears arguments in complex case over bond eligibility for detained non-citizens

JURIST

The US Supreme Court on Monday heard oral argument in Pham v. Guzman Chavez , which addresses the detention of aliens who are both in the process of removal from the US and subject to a reinstated removal order. The case stems from a dispute over whether a group of eight non-citizen immigrants, initially detained by the US government for illegal entry, could seek release via bond hearings before immigration judges.

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Rarer Than Steak Tartare: Former New York Prosecutor Suspended 2 Years for Brady Violation

EvidenceProf Blog

They say* the only thing rarer than steak tartare is a prosecutor being disciplined for failing to disclose material exculpatory evidence pursuant to Brady v. Maryland. But the case of Glenn Kurtzrock is an exception. A petition, filed by the.

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Discover Bank and The Student Loan Corporation to Refund Millions to Consumers

Diane Drain

CFPB Settles with Discover Bank, the Student Loan Corporation and Discover Products for violating a consent order and other unlawful practices. December 22, 2020 Consumer Financial Protection Bureau issued a consent order that Discover must pay at least $10 million to consumers, and $25 million as a penalty for their unfair acts and practices. Below is a reprint of the CFPB’s announcement and Order.

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Announcing LTRC’s Women of Legal Tech 2021

LawTechnologyToday

The Legal Technology Resource Center (LTRC) is pleased to make its seventh annual announcement of its Women of Legal Tech honorees. LTRC’s Women of Legal Tech initiative is intended to encourage diversity and celebrate women in legal technology. This initiative launched in 2015 with a list of innovators and leaders in legal technology and with this year’s additions, that list now includes 132 talented and influential women leaders.

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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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Beyond blogging: The new and improved SCOTUSblog

SCOTUSBlog

Notice anything? Welcome to SCOTUSblog’s new website – our biggest technological revamp in more than a decade. We’ve redesigned our homepage to showcase our most important work. We’ve upgraded our fonts and layout to make everything easier to read. We’ve tweaked our logo to reflect. The post Beyond blogging: The new and improved SCOTUSblog appeared first on SCOTUSblog.

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Germany top court rules foreign soldiers not immune from war crimes charges

JURIST

The German Federal Court of Justice, der Bundesgerichtshof (BGH), ruled Thursday that war crimes committed abroad can be tried in the German courts. The decision comes from a case involving an officer in the Afghan army who was accused of coercion, mistreatment of three captured Taliban fighters, and desecrating the body of a Taliban commander who had been “hung on a protective wall … like a trophy and degraded.” The Afghan officer was given a suspended sentence of two years im

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Court of Appeals of Texas Finds Judge Didn't Need to Declare a Mistrial After Spectator Shouted "That's All Lies" During Defense Counsel's Opening Statement

EvidenceProf Blog

Assume that a defendant is charged with murder. Further, assume that, during defense counsel's opening statement, a spectator in the courtroom yells, “That's all lies!” Does the judge need to declare a mistrial, or will a curative instruction suffice? That.

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What types of lawsuits were filed over COVID-19 in 2020?

ABA Journal

Despite predictions made in the early months of the coronavirus pandemic, lawsuits alleging that COVID-19 caused physical or economic harm were limited in 2020.

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Website Security: How to Secure & Protect Your Website

LawTechnologyToday

With around 2 billion websites online in 2020, it’s easy to see why the internet has turned to be a goldmine for malicious actors in recent times. With tons of transactions and valuable information taking place online each day, hackers are always trying to come up with clever hacks to bypass any security measures you may have in place to protect your website.

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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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The Supreme Court’s role in defining American citizenship

SCOTUSBlog

The following is a series of questions posed by Professor Gabriel “Jack” Chin, University of California, Davis School of Law, to Professor Amanda Frost, American University Washington College of Law, on Frost’s new book, You Are Not American: Citizenship Stripping from Dred Scott to the. The post The Supreme Court’s role in defining American citizenship appeared first on SCOTUSblog.

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Mitigating Climate Change: It Starts with Better Ocean Data

LegalReader

A molecule of CO2 emitted in India or China has the same effect on the climate system as a molecule emitted in the United States. No matter where we are, climate change affects us all the same. .

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Supreme Court takes up 14 more cases for 2020-21 term

JURIST

The US Supreme Court granted review in 14 new cases on Friday on issues ranging from the eligibility of temporary protected status immigrants to become lawful permanent residents to the application of the CARES Act to Alaska Native Corporations. The first two cases are Americans for Prosperity v. Becerra and Thomas More Law Center v. Becerra , which have been consolidated.

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Annual Review On Sports Dispute Resolution In China (2020)

LawInSport

Commercial Dispute Resolution in China: An Annual Review and Preview. Published by Wolters Kluwer, 2020, available here. An introduction to the Annual Review by Guo Cai is available here. Table of Contents. PART 1. OVERVIEW. PART 2. MAJOR UPDATES OF LAWS, REGULATIONS, AND OTHER POLICY DOCUMENTS IN THE SPORTS SECTOR. 2.1 Law of the People’s Republic of China on Physical Culture and Sports. 2.2 National Sport Policies at the State Council Level. 2.3 Effect and Influence of the State Council Sport

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Man who was told he failed bar exam actually passed, and he blames software

ABA Journal

When Colin Darnell received word in December that he did not pass New York’s online bar exam, he had a feeling the scoring may have…

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What Are the Harmful Effects of Virtual Reality?

LawTechnologyToday

If you’re looking for a truly immersive gaming experience that will allow you to leave the real world behind, virtual reality (VR) will allow you to do just that. These gaming applications can help you experience places and events that go far beyond our real-world environment by allowing players to exist within a three-dimensional artificial world. The human brain can adapt quickly.

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Case preview: Justices to consider procedural issue in major climate-change lawsuit

SCOTUSBlog

The Supreme Court will hear oral argument on Tuesday in a lawsuit brought by the city of Baltimore against companies that produce fossil fuels, seeking to hold them responsible for their role in global warming. The justices won’t weigh in on the merits of the city’s claims or the companies’ defenses; instead, the court will consider a jurisdictional issue arising from the companies’ efforts to transfer the case from a state court to federal court.

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Federal Circuit Statistics – 2020 edition

Patently O

By Jason Rantanen. This post uses data from the Compendium of Federal Circuit Decisions to provide a quick statistical overview of the Federal Circuit’s decisions this year, particularly in appeals arising from the district courts and USPTO. Decisions by origin. Figure 1 shows the total number of Federal Circuit opinions and Rule 36 summary affirmances by origin.

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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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US federal prosecutors indict highest ranking members of MS-13 gang

JURIST

The US Department of Justice announced on Thursday that it had indicted 14 of the world’s highest-ranking members of the MS-13 gang, charging them with the following: conspiracy to provide and conceal material support to terrorists, conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to finance terrorism and narco-terrorism conspiracy in connection with the defendants’ leadership of the transnational criminal organization over the past two decades from El Sa

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Radical Transparency: A Look at GitLab’s Company Culture

The Process Street

Imagine you knew absolutely everything there was to know about the company you buy from. I’m talking about their goals, values … even the challenges they face. It would be pretty radical right? Or rather, the company in question would be radically transparent. Radical transparency is a phenomenon that’s gaining traction, and this post is here to tell you why.

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Big changes for bar exam suggested by NCBE testing task force

ABA Journal

Bar exams of the future should be delivered online as an integrated test with scenarios to answer questions from, rather than in, sections with different…

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Part One: Finding and Plotting the Ideal Technology Path for Your Organization.

LawTechnologyToday

Legal operations has existed for longer than one might think. Before the role was defined, some functions were performed by an office manager within the in-house legal department. Technology wasn’t prevalent, so the job was primarily focused on making sure the day-to-day operations of the legal organization ran efficiently. The role has since evolved, allowing legal operations professionals to reinvent themselves over the years to become highly respected and strategic business partners.

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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.

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Case preview: Justices will confront statutory puzzle on bond eligibility for noncitizens contesting deportation

SCOTUSBlog

Pham v. Guzman Chavez , which will be argued on Jan. 11, addresses the right of certain noncitizens to be released on bond while they are in the process of removal from the United States. The migrants at issue are a subgroup of a subgroup: those who have previously been ordered removed, and are statutorily subject to swift deportation based on reinstatement of the prior order, but who have a so-called “withholding” claim, which, if granted, prohibits their removal to a particular country under t

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Doug Emhoff, IP Attorney

Patently O

I’ll mention here that the new Second Gentleman Doug Emhoff is an litigator, and has handled a number of intellectual property cases. These were primarily entertainment related copyright and trademark cases, although he has worked on a few patent cases as well. Examples: Jukin Media, Inc. v. Viumbe, LLC et al. (2017). In this case, Emhoff represented the copyright holder Jukin Media.

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US inmate set for federal execution this week asks court to consider evidence of intellectual disability on appeal

JURIST

Corey Johnson, who is set to be executed by the federal government on January 14, filed Friday for a stay of execution with the US Fourth Circuit Court of Appeals. His lawyers argue that his upcoming execution is unconstitutional because significant evidence of his intellectual disability was not considered at trial. In 1993, Johnson was convicted of several gang-related murders.

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Customer Success Operations: How to Build Repeatable Processes to Scale and Grow

The Process Street

It was known as the email incident. An incident that caused an astronomical uproar throughout the office. Names shall not be mentioned, but before Process Street I worked as a technical service advisor for an environmental testing laboratory. It was our job to deal with customer queries and complaints, to answer questions, and to make sure the service we provided met the customer’s needs.

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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.