Sat.Feb 13, 2021 - Fri.Feb 19, 2021

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This and That in Court Technology - February 2021

CourtTechBulletin

Winter 2021 There is a massive amount of court technology news this month. We learned about, US Federal Courts response to the Covid-19 pandemic, conference news from the Innovating Justice 2021 and Legalweek 2021 events, California’s CourtStack initiative, Mark Beer’s upcoming talk on AI support for judicial decision making, Seattle and King County’s impact and response to the pandemic caseload, the NACM video podcast on Teleworking, and proposed USA federal government rules on digital for

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Voting discrimination is getting worse, not better

SCOTUSBlog

This article is part of a symposium on the upcoming argument in Brnovich v. Democratic National Committee. Our case preview is here. LaShawn Warren is executive vice president of government affairs at The Leadership Conference on Civil and Human Rights, which filed an amicus brief in support of. The post Voting discrimination is getting worse, not better appeared first on SCOTUSblog.

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No Inherency in Design Patent Cases

Patently O

Mojave Desert Holdings, LLC v. Crocs, Inc., 2020-1167 (Fed. Cir. 2021) [ Merits Decision ][ Substitution Decision ]. In this non-precedential opinion, the Federal Circuit has sided with the patentee CROCS — upholding the design patent for its really amazing footwear. D517,789. The setup here is an inter partes reexamination filed by Dawgs back in 2012 (now Mojave Desert).

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International telecom giant slams cyber security bill proposed by Myanmar military coup leaders

JURIST

Norway-based Telenor Group , an international telecommunications company with extensive operations in much of Europe and Asia, sharply criticized a cyber security bill proposed by the leaders of Myanmar’s February 1 military coup in a statement issued Monday. The bill, which is expected to be formally promulgated this week, has been decried by many rights groups and international observers for rolling back online privacy and severely restricting Myanmar’s citizens’ access to th

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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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Texas Court Finds Defendant Could Not Have Family-Violence Expert Excluded From Courtroom During His Testimony

EvidenceProf Blog

Texas Rule of Evidence 614 provides that At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize.

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More Trending

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Justices to consider whether Arizona’s voting rules discriminate against minorities

SCOTUSBlog

The 2020 elections may be over, but the Supreme Court will soon hear oral argument in a pair of voting-rights cases from one of last year’s key battleground states, and the eventual outcome may determine how courts will assess allegedly discriminatory voting rules for years. The post Justices to consider whether Arizona’s voting rules discriminate against minorities appeared first on SCOTUSblog.

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Sudan signs ICC cooperation agreement for Darfur trial

JURIST

The Sudanese government Sunday signed a Memorandum of Understanding with the Office of the Prosecutor of the International Criminal Court (ICC) for cooperating on the trial of former militant leader Ali Kushayb who is accused of committing war crimes in the Darfur region of Sudan. According to the Prosecutor , Kushyab was a top commander of pro-government Janjaweed militias that led attacks on towns and villages and is implicated in more than 300 murders and the forcing of 40,000 mainly Fur civi

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Fifth Circuit Finds Evidence of Independent Contractor's Expired Insurance Admissible to Prove Casino's Negligent Hiring

EvidenceProf Blog

Federal Rule of Evidence 411 states that Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another.

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Default to Action & Overcome the Toolbox Fallacy

The Process Street

“A good plan violently executed now is better than a perfect plan next week.” – George Patton. “Once I have X, I can do Y.”. This phrase is the defining characteristic of the toolbox fallacy: thinking you can’t do something until you have the right tool. The toolbox Fallacy is self-deception disguised as excuses or a lack of “tools” The issue with these tools is that you believe that you need them and thus, can’t (or won’t) start a project without them. “As soon as

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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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FTC Bans Payday Lenders: Harvest Moon, Gentle Breeze and Green Stream. Forgives Illegal Debt

Diane Drain

FTC Bans Payday Lender and Forgive Illegal Debt – Lead Express, Inc.; Camel Coins, Inc.; Sea Mirror, Inc,; Naito Corp.; Kotobuki Marketing, Inc.; Ebisu Marketing, Inc.; Hotei Marketing, Inc.; and Daikoku Marketing, Inc.From Industry. Owners, operators of tribal payday lending scheme settle charges they defrauded millions of dollars from consumers.

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Advocates for homeless New Yorkers sue public transportation authority over subway station restrictions

JURIST

Homeless advocacy groups filed a lawsuit against the New York Metropolitan Transportation Authority (MTA) on Friday, challenging a rule that “target[s] the manner in which homeless persons use the subway system.” New York advocacy organizations Urban Justice Center (Safety Net Project) and Picture the Homeless seek to block a rule that bans the use of large wheeled carts on trains and prohibits people from staying in the subway station for over an hour.

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Eighth Circuit Deems Evidence of Prior Child Molestation Convictions Admissible at Child Pornography Trial

EvidenceProf Blog

Federal Rule of Evidence 414(a) provides that In a criminal case in which a defendant is accused of child molestation, the court may admit evidence that the defendant committed any other child molestation. The evidence may be considered on any.

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How to Deliver Bad News

ALPS

Difficult conversations can be, well difficult; particularly if the purpose of the conversation is to pass along bad news. After all, who looks forward to hearing bad news or having to be the one responsible for delivering it? I suspect this is why some lawyers will reach out to me looking for help when they suddenly find themselves in a situation where they must become the bearer of bad news.

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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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Florida and Georgia face off again in long-running fight over water rights

SCOTUSBlog

On Monday, the Supreme Court is scheduled to hear Florida v. Georgia, round two. At issue is whether the court will require Georgia to cap its water use in the Apalachicola River system and allow more water to flow downstream into Florida. Georgia says its. The post Florida and Georgia face off again in long-running fight over water rights appeared first on SCOTUSblog.

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Dutch court finds COVID curfew impermissible under emergency powers act

JURIST

A trial court in The Hague granted a preliminary injunction Monday against the Dutch government’s curfew, which was instituted to stop the spread of the coronavirus. The curfew lasted from 9 PM to 4:30 AM and was enacted under the government’s emergency powers, which enabled the executive branch to bypass the Senate and House of Representatives.

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Illinois Court Finds Dead Man's Act Did Not Apply to Police Officer Conversations w/Drivers Who Subsequently Died

EvidenceProf Blog

Like a handful of other states, Illinois still has a Dead Man's Act. Illinois's act can be found in 735 ILCS 5/8-201, which states in pertinent part that In the trial of any action in which any party sues or.

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“The Law & Corpus Linguistics Revolution: Why It Matters.”

HowAppealing

“The Law & Corpus Linguistics Revolution: Why It Matters.” James Heilpern has this post at The Juris Lab.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Secondary Factors vs Objective Indicia of Nonobviousness

Patently O

by Dennis Crouch. I wrote earlier about the Supreme Court petition in Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc. (Supreme Court 2021) that focuses on secondary considerations of non-obviousness such as commercial success and long-felt un-met need. There has been a small movement over the years to refer to these as “objective indicia of nonobviousness” as opposed to secondary considerations.

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Mali former trafficked child laborers sue multinational chocolate companies

JURIST

Several Malian individuals have sued seven American chocolate companies for abetting and supporting illegal child labor in Côte D’Ivoire. The plaintiffs are former child slaves who were trafficked from Mali to harvest cocoa beans in Côte D’Ivoire. They escaped the plantation and returned to Mali. As laborers, the children are not paid and are constantly subjected to physical abuse by farmers or traffickers.

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My New Article: "The Constitutional Right to an Implicit Bias Jury Instruction"

EvidenceProf Blog

I have posted the draft of my new article, "The Constitutional Right to an Implicit Bias Jury Instruction," on SSRN. Here is the abstract: The Supreme Court has gone to great lengths to prevent jurors from holding defendants’ silence against.

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Florida Senate Pushes to Eliminate No-Fault Auto Insurance

LegalReader

Florida senators are moving forward with a plan to eliminate the state’s no-fault auto insurance system. According to The Tampa Bay Times, the Senate Judiciary Committee recently approved SB 54, a bill that would eliminate no-fault while mandating that motorists carry bodily injury coverage. Under the current no-fault system, drivers in Florida are required to.

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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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Earley’s application comes too Late

Patently O

In re Earley ( Fed. Cir. 2021). In its December 2020 decision, the Federal Circuit sided with the PTO — upholding the PTAB conclusion that Mr. Earley’s claims were obvious based upon Earley’s own prior invention. The court has now also denied Early’s petition for rehearing. Earley represented himself pro se. His filings at the Federal Circuit were not pretty, and I expect that sealed his loss — even if he had a good underlying argument on the merits.

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Leaked Chechnya government documents confirm police role in 2017 extrajudicial killings: report

JURIST

Independent Russian newspaper Novaya Gazeta released exclusive documentation leaked from a government source Monday confirming that 27 men who went missing and were presumed dead in 2017 were in fact detained by Chechnyan local police, undermining the Chechnyan authorities’ official denial of their involvement in the disappearances. The documentation comes in the form of internal police charts that list mugshots and identities of the individuals, with many photos indicating the marks of ph

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Superior Court of Pennsylvania Finds Trial Court Improperly Precluded Defendant From Impeaching Declarant

EvidenceProf Blog

Similar to its federal counterpart, Pennsylvania Rule of Evidence 806 states that When a hearsay statement has been admitted in evidence, the declarant’s credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes.

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Legal Marketing in the Age of Twitter

LegalReader

If you focus on these digital marketing concepts, devoting the necessary time and resources, you will almost certainly see your website improve by virtually every metric.

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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.