What is the Difference Between Class Action Lawsuits and Mass Torts?
LegalReader
FEBRUARY 3, 2021
The truth is mass torts and class action lawsuits actually have quite a bit in common.
Sat.Jan 30, 2021 - Fri.Feb 05, 2021
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Learned Treatises & Motions for Summary Judgment
EvidenceProf Blog
FEBRUARY 5, 2021
Federal Rule of Evidence 803(18) provides an exception to the rule against hearsay for A statement contained in a treatise, periodical, or pamphlet if: (A) the statement is called to the attention of an expert witness on cross-examination or relied.
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Comprehensive Tour of Eviction Process in California
LDA PRO
FEBRUARY 4, 2021
For successful eviction of a tenant in the state of California, the landlord-tenant law requires a termination of the tenancy, by the landlord. Landlords must have a clear understanding of the California eviction laws , prior to serving an Eviction Notice. Landlords must know the formal legal eviction steps to prevent costly mistakes, that cause unnecessary delays.
France court finds government liable for climate change inaction
JURIST
FEBRUARY 3, 2021
The Administrative Court of Paris on Wednesday held that the French state is “responsible” for failing to take sufficient measures to halt climate change and for failing to meet its greenhouse gas emission targets. This judgment is a result of an application to the Administrative Court of Paris from four non-governmental organizations (NGOs), namely Oxfam France, Notre Affaire à tous, Fondation pour la Nature et l’Homme and Greenpeace France, in May 2019.
Transforming eDiscovery: Document Summarization, Sentiment Analysis, And Chatbots Take Center Stage
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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.
Will You Lose Your COVID-19 Relief Funds?
Diane Drain
FEBRUARY 1, 2021
Will you lose your COVID-19 stimulus money if you file for bankruptcy protection? Simple answer is no. Read below. “Recovery rebates” (“stimulus monies”) received as a result of either the CARES Act or CAA are NOT PROPERTY OF THE BANKRUPTCY ESTATE. Which, in simple English, means the person receiving the funds does not have to give the funds to the bankruptcy trustee.
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Paralegal Brief brings together the best content for paralegals and legal professionals from the widest variety of industry thought leaders
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Game On! Motivate Your Team with Data
NCBA Law Practice Management Blog
FEBRUARY 2, 2021
Lord know s we can all use some extra motivation these days. Law firms still tend to make most decisions about practice management on an ad hoc basis: W hat does your gut tell you to do? But, those attorneys who employ data-driven decisionmaking can gain a tremendous competitive advantage. But, data isn’t just useful for decisionmaking. If you keep track of the right data, and generate the right reports, you can use those to motivate your team.
New Mexico state senator introduces sweeping police reform bill
JURIST
FEBRUARY 2, 2021
New Mexico state senator Linda Lopez introduced leglsiation Monday that includes sweeping police reform. According to Mapping Police Violence , New Mexico had the highest rate of police killings per one million people between January 2013 and December 2019. Senate Bill 227 would impose stricter restrictions on when officers can use deadly force: A law enforcement officer shall not use deadly physical force upon another person unless it is used as a last resort, after the officer has exhausted de
SkyRise Miami: Patented
Patently O
JANUARY 31, 2021
Jeff Berkowitz is a Miami real estate developer, lawyer, and now inventor. Berkowitz, along with architect Bernardo Fort Brescia and civil engineer Ronald Klemencic were recently awarded a design patent on their design for SkyRise Miami. D908917 (“The ornamental design for a building as shown and described.”). The building is apparently now under construction, although at a somewhat delayed pace.
Texas Tech University School of Law Seeks Visitors to Teach Constitutional Law, Evidence, and Criminal Procedure
EvidenceProf Blog
FEBRUARY 3, 2021
Texas Tech University School of Law, Lubbock, Texas Texas Tech University School of Law invites applications from exceptional individuals to fill a visiting faculty position for the 2021-22 academic year (Requisition 22902BR/Visiting Professor). It is anticipated that the law school.
Recipe for a Failed CLM Implementation
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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.
Divided court allows indoor worship services to resume in California
SCOTUSBlog
FEBRUARY 5, 2021
More than eight months after the Supreme Court declined to intervene in a California church’s challenge to the state’s stay-at-home orders issued as a result of the COVID-19 crisis, the justices late Friday night gave the go-ahead for California churches to resume indoor worship services. The post Divided court allows indoor worship services to resume in California appeared first on SCOTUSblog.
The Philippines opposes new China coastguard laws in South China Sea
JURIST
JANUARY 30, 2021
The Philippines filed a diplomatic protest over a new Chinese law that authorises its coast guard to fire on foreign vessels and destroy other countries’ structures on islands China claims. The law was passed last Friday by China’s top legislative body, the National People’s Congress standing committee. Article 1 of the bill explains that the law is needed to safeguard China’s sovereignty, security and maritime rights.
Federal Circuit: Low-level Security Measures are Abstract Ideas
Patently O
FEBRUARY 5, 2021
In re Mohapatra ( Fed. Cir. 2021 ). The security code on your credit card seems pretty weak. Basically, it is a 3-4 digit number on opposite side of the card. Mr. Sarada Mohapatra’s innovation was to create a more dynamic security code using an internet-based account management approach. The Examiner rejected the claims as obvious, indefinite, and failing to claim patent eligible subject matter.
United States District Court for the Middle District of Tennessee Finds Pre-Existing Documents Used in Settlement Negotiations Not Covered by Rule 408
EvidenceProf Blog
FEBRUARY 2, 2021
Federal Rule of Evidence 408(a)(1) reads as follows: (a) Prohibited Uses. Evidence of the following is not admissible — on behalf of any party — either to prove or disprove the validity or amount of a disputed claim or to.
Contract Lifecycle Management: A Business Enabler Exploring On-Ground Challenges
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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.
Five Stars is Not Enough.
Diane Drain
FEBRUARY 3, 2021
“ Five Stars is Not Enough. ” T.D. It would be difficult to fully describe how effective and talented Diane is. She took my exceptionally (some would say ridiculously) complex case and made sense of it. I’d had a very negative experience with my former counsel and from Day One the difference of working with her and Jay was like night and day. There’s a reason she is so well regarded and respected in the field and you couldn’t make a better selection for your representation.
Myanmar military junta blocks Facebook and Twitter, cracks down on dissent
JURIST
FEBRUARY 5, 2021
Myanmar’s Ministry of Transport and Communication (MoTC) on Wednesday directed telecom companies to temporarily block access to popular social media service Facebook in the country in order to ensure “stability” and prevent misunderstanding amongst the citizens from the “spreading [of] fake news and misinformation” after the junta’s coup d’état earlier this week.
Pair Up with a Reliable Cleaning Company for Success: Guidelines by John Spach
LegalReader
FEBRUARY 4, 2021
Keeping clean premises results in creating a positive impression for the people entering your premises. Pairing up with such companies can help create a healthier work environment.
Court Find Former Testimony Was Admissible in Civil Rights Action Against Police Officers
EvidenceProf Blog
JANUARY 31, 2021
Federal Rule of Evidence 804(b)(1) provides an exception to the rule against hearsay for Testimony that: (A) was given as a witness at a trial, hearing, or lawful deposition, whether given during the current proceeding or a different one; and.
California Civil Discovery Act Undergoes Significant Overhaul
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Short article looking at the new CCP 2016.
Is Pre-bankruptcy Planning Good Advice at the Time, but Bad Faith Later?”
Diane Drain
FEBRUARY 2, 2021
Every client deserves competent advice in order to plan their lives, but they also need to be able to avoid unforeseen results. Helping a client protect important assets before filing bankruptcy has always been seen as appropriate “pre-bankruptcy planning. To quote Ret. Bankruptcy Judge Sarah Curley “it is malpractice not to provide competent pre-bankruptcy counsel” A good friend of mine, Larry Karandreas , said “are we at a time that good advice = bad faith?
California man charged with securities fraud in $11 million cryptocurrency scheme
JURIST
FEBRUARY 2, 2021
California resident John DeMarr was charged in a complaint unsealed Monday by the US Department of Justice for allegedly participating in a cryptocurrency and securities fraud scheme. The complaint , originally filed in the US District Court for the Eastern District of New York (EDNY) on January 29, charged DeMarr with one count of conspiracy to commit securities fraud between November 2017 and May 2018.
Federal Circuit: Anticipation not Inherent to Obviousness Argument
Patently O
FEBRUARY 1, 2021
by Dennis Crouch. M&K Holdings, Inc. v. Samsung Electronics Co., LTD. ( Fed. Cir. 2021 ). M&K’s U.S. Patent No. 9,113,163 covers a “method of decoding moving picture.” There is some history between Samsung and M&K’s family of companies, whose patents also originate in Korea. This appeal stems from an IPR final written decision finding the challenged claims invalid.
Supreme Court of North Carolina Reverses Convictions Based on Trial Judge Flatly Prohibiting Questions About Implicit Bias to Prospective Jurors
EvidenceProf Blog
JANUARY 30, 2021
An implicit bias is “‘an association or preference that is not consciously generated and is experienced without awareness.’" Michele Benedetto Neitz, Pulling Back the Curtain: Implicit Bias in the Law School Dean Search Process, 49 SETON HALL L. REV.
Dangers of Digital "Reporting": Legal Risks and Unreliable Transcripts
Advertiser: Regal Court Reporting
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.
Diane and Jay were able to ease our fears.
Diane Drain
FEBRUARY 1, 2021
“Diane and Jay were able to ease our fears. ” J.L. Diane and Jay were the absolute best. Going through the bankruptcy process can be quite worrisome. Diane and Jay were able to ease our fears and made the process as smooth as possible. J.L. The post Diane and Jay were able to ease our fears. appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy Attorney.
UN maritime tribunal rules no UK sovereignty over Chagos Islands
JURIST
JANUARY 30, 2021
The International Tribunal for the Law of the Sea ruled Thursday that the United Kingdom did not hold sovereignty over the Chagos Islands, allowing the dispute between Mauritius and Maldives in regards to the delimitation of their boundaries to proceed. The ruling follows a preliminary objection from Maldives, who claimed that the tribunal did not have jurisdiction to decide the boundaries between itself and Mauritius.
“RIP Judge Peter T. Fay”
HowAppealing
FEBRUARY 1, 2021
“RIP Judge Peter T. Fay”: David Oscar Markus has this post at “The SDFLA Blog.
The 8 Most Important Tech Skills for Paralegals
LawTechnologyToday
FEBRUARY 2, 2021
Paralegals are vital for the success of any law firm. In fact, they’re often the backbone of the organization. A skilled paralegal will have a thorough understanding of the law, and will be responsible for managing settlements, handling court filings, doing legal research, and assisting lawyers with various other important tasks. However, to do their job effectively, they must have a robust set of skills related to technology—in addition to their understanding of the law.
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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