EvidenceProf Blog
JANUARY 1, 2021
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.
JURIST
DECEMBER 28, 2020
Rights organizations decried the four year prison sentence handed down to Zhang Zhan, a citizen-journalist, by a Chinese court on Monday. She was found guilty of “picking quarrels and provoking trouble,” charges sometimes used by authorities to quell dissent. Zhang, a 37-year-old former lawyer, had reported on the COVID-19 outbreak in Wuhan beginning in February.
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Diane Drain
JANUARY 1, 2021
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.
LDA PRO
DECEMBER 30, 2020
The presence of both the mother and father is crucial in a child’s life. But if things do not go as planned, and the issue of joint custody arises, the custody laws decide the outcome. Every parent has an equal right to the custody of the child even after separation. Joint custody is usually granted if both the parents have proved to be dutiful. In California, custody laws require the child to have frequent contact with both parents.
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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.
EvidenceProf Blog
DECEMBER 31, 2020
On December 17, 2020 North Carolina Governor Roy Cooper issued a Pardon of Innocence for Ronnie Long. And yesterday, a settlement was reached, pursuant to which Chester Hollman III will be awarded $9.8 million for his 28 years of wrongful.
Paralegal Brief brings together the best content for paralegals and legal professionals from the widest variety of industry thought leaders
NCBA Law Practice Management Blog
DECEMBER 28, 2020
The chief method for law firm business management is inertia, largely. That means you can pretty much default to lawyers doing nothing, rather than something, anything. That, of course, extends to financial management. Lawyers tend to run up accounts receivable, because they don’t bill regularly. They never run revenue projections, either; so , they can’t build to specific financial goals.
ClimateChange-ClimateLaw
DECEMBER 29, 2020
Georgetown, Capital of Guyana (Credit: amanderson2 ). By Melinda Janki*. In a climate litigation win, the High Court of the Supreme Court of Guyana accepted a settlement between a scientist, the Environmental Protection Agency (EPA) of Guyana, and Esso (a subsidiary of ExxonMobil) to limit the company’s environmental permits to produce oil from more than 23 years to five years.
EvidenceProf Blog
DECEMBER 27, 2020
It is well established that “Any criminal defendant.being tried by a jury is entitled to the uncoerced verdict of that body.”.Impermissible coercion occurs “when jurors surrender their honest opinions for the mere purpose of returning a verdict.” United States v.
JURIST
DECEMBER 29, 2020
Seven lawsuits were filed Monday in Arizona against The Church of Jesus Christ of Latter-day Saints (LDS Church) for allegedly covering up sexual abuse in church-sponsored Boy Scouts of America (BSA) troops. The allegations span more than 30 years, ranging from 1972 to 2009. The lawsuits claim that church officials were told about instances of abuse but did not report them to law enforcement.
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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.
Diane Drain
JANUARY 1, 2021
CFPB and State Attorneys General Settle with Nationstar, aka Mr. Cooper, accused of unfair and deceptive practices. On December 7, 2020, the Consumer Financial Protection Bureau (Bureau) filed a complaint and proposed stipulated judgment and order against Nationstar Mortgage, LLC, which does business as Mr. Cooper (Nationstar). The Bureau alleges that Nationstar violated multiple Federal consumer financial laws, causing substantial harm to the borrowers whose mortgage loans it serviced, includin
SCOTUSBlog
DECEMBER 30, 2020
Few people get the chance to watch an oral argument at the Supreme Court. Art Lien is one of them. As an artist who has been sketching the court for more than four decades , Lien has attended – and studied – hundreds of arguments. In a courtroom devoid of cameras, Lien uses little more than a pencil and paper (and afterward, a bit of watercolor) to capture the court’s work for everyone to see.
EvidenceProf Blog
DECEMBER 29, 2020
Illinois and a number of other states allow for a convicted defendant to bring a freestanding claim of actual innocence. The issue that has divided the states is whether such a claim can only be made by defendants convicted after.
JURIST
DECEMBER 28, 2020
The government in the Indian union territory of Jammu and Kashmir issued an order Friday extending the suspension of high-speed 4G internet services until January 8 across the union territory excluding the districts of Ganderbal and Udhampur, citing post-election unrest and border infiltration. The government said it received credible reports concerning terrorists attempting to infiltrate from across the border.
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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.
Diane Drain
DECEMBER 31, 2020
How Does the Consolidated Appropriation Act Intersect with Bankruptcy? December 27, 2020 Congress passed the longest bill ever – 5,600 pages. The Consolidated Appropriation Act “CAA”, I can only assume, like so many of the other laws created by the Legislative branch, that this huge Act contains lots of special interest provisions, but I regress.
HowAppealing
DECEMBER 28, 2020
“The Supreme Court considers when the U.S. can judge other nations’ human rights violations”: Columnist Charles Lane has this essay online at The Washington Post.
EvidenceProf Blog
DECEMBER 30, 2020
Federal Rule of Evidence 609(e) states that A conviction that satisfies this rule is admissible even if an appeal is pending. Evidence of the pendency is also admissible. Conversely, Texas Rule of Evidence 609(e) states that A conviction for which.
JURIST
DECEMBER 27, 2020
According to China Daily , China will now hold children as young as 12 years old criminally liable for crimes deemed “abominable.” The Standing Committee of the National People’s Congress ( NPC ) on Saturday also introduced punishment for intellectual property infringement that could lead to 10 years in prison. The Standing Committee said an “abominable” crime would occur. if a person who has reached 12 years of age but not 14 commits intentional homicide, intentio
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Short article looking at the new CCP 2016.
Patently O
DECEMBER 29, 2020
by Dennis Crouch. Simio, LLC v. FlexSim Software ( Fed. Cir. 2020 ) (opinion by Chief Judge Prost and joined by Judges Clevenger and Stoll). In this case, the Federal Circuit has affirmed the lower court’s summary dismissal of Simio’s infringement lawsuit on eligibility grounds. The appellate panel also upheld the lower court’s refusal to permit the patentee to amend its complaint — seeing the proposed amendment as “futile.” Dennis Pegden has received many aw
HowAppealing
DECEMBER 28, 2020
“Westport mural honoring late Supreme Court Justice Ruth Bader Ginsburg vandalized”: Alan Shope of ABC affiliate KMBC 9 News in Kansas City, Missouri has this report.
EvidenceProf Blog
DECEMBER 28, 2020
In Ramos v. Louisiana, the Supreme Court held that "if the Sixth Amendment’s right to a jury trial requires a unanimous verdict to support a conviction in federal court, it requires no less in state court." In State v.
JURIST
DECEMBER 30, 2020
The Parliament of Montenegro Tuesday amended parts of the Law on Freedom of Religion or Belief and the Legal Status of Religious Communities that related to property and were allegedly anti-Serbian. The option of nationalizing church property has now been removed. Thousands of Montenegro nationals had taken to the streets of the capital Podgorica in protest to the amendments, accusing lawmakers of treason with chants like, “t his is not Serbia,” while also calling the lawmakers R
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Patently O
DECEMBER 31, 2020
by Dennis Crouch. Maxill, Inc. v. Loops, LLC (Fed. Cir. 2020)f [ Maxill v. Loops ]. The Loops patent covers a flexible toothbrush — and the claims require “an elongated body being flexible throughout the elongated body.” US8448285 (Claim 1). Apparently, these brushes are sold primarily to “institutional” settings such as prisons.
HowAppealing
DECEMBER 31, 2020
“State Supreme Court upholds Lamont’s authority to close businesses through COVID emergency orders”: Edmund H. Mahony of The Hartford Courant has this report.
EvidenceProf Blog
DECEMBER 26, 2020
Federal Rule of Evidence 106 states that If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part — or any other writing or.
JURIST
DECEMBER 29, 2020
The Constitutional Court of Zimbabwe on Monday ruled that the country’s national pledge was an unconstitutional violation of school children’s right to freedom of conscience and parental rights. The court’s decision comes four years after Mathew Sogolani applied to the court on the basis of the national pledge’s unconstitutionality.
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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