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Courts
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Software Biz Improves Court Access But Raises Concerns
State and local courts' growing reliance on Tyler Technologies' court management software is helping judiciaries manage caseloads while increasing citizens' access to justice, but the software has also led to data breaches, lawsuits and concerns around accountability, experts say.
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Dems Laud Axing Of Budget Bill's Injunction Bond Provision
A provision meant to up the ante for plaintiffs filing lawsuits against the federal government by increasing the use of injunction bonds has been ruled ineligible for inclusion in the budget reconciliation package.
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Justices To Review Liability For Forcing Prisoner's Haircut
The U.S. Supreme Court will hear a former Louisiana prisoner's case for damages after guards forcibly shaved his head, removing the dreadlocks he maintained as part of his Rastafarian religion.
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Supreme Court Won't Leapfrog DC Circ. Over Trump's Tariffs
The U.S. Supreme Court rejected a request from two Illinois-based toy makers challenging President Donald Trump's emergency tariffs to consider their case before it is reviewed by the D.C. Circuit.
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Wash. Municipal Judge Fights State Board's Removal Petition
A suspended Washington municipal court judge has urged the state Supreme Court to reject a judicial board's recommendation that she be removed from the bench for allegedly mistreating staff and attorneys, saying she has been unfairly punished for her former attorney's actions "in a racially charged environment."
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Florida Judge Barred From Keeping Police Credentials
Florida's judicial ethics watchdog said a sitting judge who was formerly a police officer in the same county in which the judge presides may not recertify law enforcement credentials, saying it could affect the judge's impartiality.
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The Supreme Court's Week: By The Numbers
The U.S. Supreme Court issued 11 decisions this week, including a high-profile one upholding Tennessee's ban on transgender care for minors and several dealing with federal agency decisions concerning environmental disputes. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
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Mich. Judge Won't Step Aside In Atty Voting Machine Case
A Michigan state judge on Friday said he would not remove himself from overseeing criminal charges against an attorney who is accused of accessing voting machines after the 2020 presidential election, finding there was no evidence to support her claims that he is biased.
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Trump Taps Atty Dropped By Biden For Eastern Ky. Fed. Court
President Donald Trump has announced plans to nominate former Kentucky Solicitor General Chad Meredith to serve as a judge for the U.S. District Court for the Eastern District of Kentucky.
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Courts Can Use AI To Confront Their Challenges, Experts Say
As many courts prioritize tackling delays amid growing caseloads and staffing shortages, while remaining slow to adopt artificial intelligence tools designed to lighten the load, a panel of experts said this week that the right combination of education and resources can ensure they don't miss out on the benefits.
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Voir Dire: Law360 Pulse's Weekly Quiz
The legal industry marked mid-June with another action-packed week as BigLaw firms and legal departments appointed new leaders. Test your legal news savvy here with Law360 Pulse’s weekly quiz.
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Top Court Limits Sentencing Factors For Release Violations
The U.S. Supreme Court on Friday limited what factors district judges may consider when sentencing defendants for violating the terms of supervised release, vacating the Sixth Circuit's findings that allowed lower courts to undertake the same analysis for revocation proceedings as primary sentencings.
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Justices Let E-Cig Retailers Join Challenge To FDA Prohibition
The U.S. Supreme Court ruled Friday that e-cigarette retailers can challenge the U.S. Food and Drug Administration's denial of product marketing applications, finding manufacturers aren't the only entities that can be adversely affected by the agency's decisions.
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Supreme Court Affirms Anti-Terror Law
The U.S. Supreme Court on Friday unanimously affirmed the constitutionality of a 2019 law ending a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories, holding that the law's personal jurisdiction provision does not violate the Fifth Amendment.
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High Court Says FCC Orders Not Above District Court Review
The U.S. Supreme Court on Friday ruled that district courts should be allowed to question the slate of regulations that the Federal Communications Commission has issued under the Telephone Consumer Protection Act, further constricting the power of federal agencies to interpret laws.
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Justices Say ADA Doesn't Cover Retirees Who Can't Work
The U.S. Supreme Court held on June 20 that a former firefighter with Parkinson's disease can't bring an Americans with Disabilities Act case over a rollback in her post-employment health benefits, reasoning that the law covers only those who can still fulfill their job duties.
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Justices Say Fuel Groups Can Fight Emissions Waiver
The U.S. Supreme Court on Friday said that fuel industry groups can challenge the U.S. Environmental Protection Agency's Clean Air Act waiver that has allowed California to set its own greenhouse gas emissions standards for vehicles.
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High Court Concurrences Signal Hard Battle For Trans Rights
U.S. Supreme Court Justice Amy Coney Barrett joined the court's two most conservative members Wednesday to suggest laws that differentiate based on transgender status should be subject to the lowest level of judicial review, providing guidance to lower courts that will likely make it harder for litigants to vindicate trans rights.
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Jeanine Pirro Faring Better Than Earlier Pick For DC US Atty
President Donald Trump's second pick for U.S. attorney for the District of Columbia, former judge and Fox News host Jeanine Pirro, seems to be having an easier time than the previous contender, Ed Martin.
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Former Florida US Atty Starts 'Next Chapter' At GrayRobinson
A former U.S. attorney has brought his more than two decades of experience to GrayRobinson PA's Orlando, Florida, office to serve as a chair in the litigation practice, the firm announced Wednesday.
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NJ Judiciary Hit With Pregnancy Bias Suit From Court Exec
A court executive has claimed that the New Jersey judiciary is guilty of retaliating and discriminating against her by allegedly reducing her pay raise because she went on maternity leave, according to a new state complaint.
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Ex-Public Defender Says Bogus Bias Reports Got Her FiredÂ
The former chief public defender for Allegheny County, Pennsylvania, said Wednesday in a lawsuit that she was wrongfully accused of racial bias and unilaterally fired by the county manager, rather than by the county executive who had appointed her.
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GCs, Prosecutors, Justice's Spouse: Inside SouthBank's Rise
Boutique Indiana-based law firm SouthBank Legal LLC has made a number of high-profile additions in recent years after bringing on Jesse Barrett, the husband of U.S. Supreme Court Justice Amy Coney Barrett, in 2018 and after his wife's appointment to the nation's highest court.
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PilieroMazza Adds Longtime Senior DOJ Tax Litigator
PilieroMazza PLLC has grown its ranks with an experienced tax litigator who most recently worked as a senior attorney at the U.S. Department of Justice.
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Justices Say 'Exhaustion' In Prisoner Suits Is A Jury Question
The U.S. Supreme Court narrowly ruled on Wednesday that prisoners have a right to a jury trial when there's a factual dispute over whether they properly exhausted prison grievance procedures — a key requirement before suing over prison conditions under federal law.
Expert Analysis
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How Law Firms Can Cautiously Wield AI To Streamline Tasks
Many attorneys are going to use artificial intelligence tools whether law firms like it or not, so firms should educate them on AI's benefits, limits and practical uses, such as drafting legal documents, to remain competitive in a rapidly evolving legal market, say Thomas Schultz and Eden Bernstein at Kellogg Hansen.
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Keys To Managing The Stresses Of Law School
Dealing with the pressures associated with law school can prove difficult for many future lawyers, but there are steps students can take to manage stress — and schools can help too, say Ryan Zajic and Dr. Janani Krishnaswami at UWorld.
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Can Mandatory CLE Mitigate Implicit Bias's Negative Impacts?
Amid ongoing disagreements on whether states should mandate implicit bias training as part of attorneys' continuing legal education requirements, Stephanie Wilson at Reed Smith looks at how unconscious attitudes or stereotypes adversely affect legal practice, and whether mandatory training programs can help.
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Ditch The Frills And Start Writing Legal Letters In Plain English
To become more effective advocates, lawyers need to rethink the ridiculous, convoluted language they use in correspondence and write letters in a clear, concise and direct manner, says legal writing instructor Stuart Teicher.
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Series
Ask A Mentor: How Can I Negotiate My Separation Agreement?
Kate Reder Sheikh at Major Lindsey discusses how a law firm associate can navigate being laid off, what to look for in a separation agreement and why to be upfront about it with prospective employers.
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DoNotPay Cases Underscore Hurdles For AI-Fueled Legal Help
Recent legal challenges against DoNotPay’s "robot lawyer” application highlight pressing questions about the degree to which artificial intelligence can be used for legal tasks while remaining on the right side of both consumer protection laws and prohibitions against the unauthorized practice of law, says Kristen Niven at Frankfurt Kurnit.
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For The Future Of Legal Practice, Let's Learn From The Past
At some level, every practicing lawyer is experiencing the ever-increasing speed of change — and while some practice management processes have gotten more efficient, other things about the legal profession were better before supposed improvements were made, says Jay Silberblatt, president of the Pennsylvania Bar Association.
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Why All Law Firms Should Foster Psychological Capital
Law firms will be able to reap great long-term benefits if they adopt strategies to nurture four critical components of their employees' psychological wellness and performance — hope, efficacy, resilience and optimism, says Dennis Stolle at the American Psychological Association.
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ChatGPT Is A Cool Trick, But AI Won't Replace Lawyers
Generative AI applications like ChatGPT are unlikely to ever replace attorneys for a variety of practical reasons — but given their practice-enhancing capabilities, lawyers who fail to leverage these tools may be rendered obsolete, says Eran Kahana at Maslon.
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Pro Bono Work Is Valuable In IP And Continued Learning
The U.S. Patent and Trademark Office's recent elimination of a rule that partially counted pro bono work toward continuing legal education highlights the importance of volunteer work in intellectual property practice and its ties to CLE, and puts a valuable tool for hands-on attorney education in the hands of the states, say Lisa Holubar and Ariel Katz at Irwin.
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Increasing Public Access To Legal Services: A Practical Plan
Recommendations recently issued by a special committee of the Florida Bar represent a realistic, pragmatic approach to increasing the accessibility and affordability of legal services, at a time when the disconnect between the legal profession and the public at large has widened considerably, says Gary Lesser, president of the Florida Bar.
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Priorities For Improving The Legal Industry In Texas
To assist Texas lawyers in effectively executing their duties, we should be working on succession planning, attorney wellness, and increasing understanding of the grievance system by both bar members and the public, says Laura Gibson, president of the State Bar of Texas.
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Leading Your Law Firm's Creation Of A New Practice Group
Marjorie Peerce and Peter Jaslow at Ballard Spahr discuss the challenges of building a new law firm practice group from the ground up, and how sustained commitment, communication and collaboration are the key ingredients for success.
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Series
Ask A Mentor: How Do I Relay Shortcomings To Associates?
Michael Cohen at Duane Morris discusses the best ways to articulate how an associate is not meeting expectations, and why documentation of performance management is crucial for their growth and protecting the firm from discrimination suits.
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10 Principles For Effective Partner Reward Systems
Several forces are reshaping partners’ expectations about profit-sharing, and as compensation structures evolve in response, firms should keep certain fundamentals in mind to build a successful partner reward system, say Michael Roch at MHPR Advisors and Ray D'Cruz at Performance Leader.