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DC Pulse
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Fraud Cases Tee Up State Fights Over Stolen Election Claims
A "flood" of lawsuits by Republicans and allied groups are sowing doubt in the 2024 elections and potentially setting the stage for destabilizing courtroom showdowns if former President Donald Trump loses, according to law professors and good government groups.
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Junk Call Foe Puts 'Professional' In 'Professional Plaintiff'
Diana Mey is one of the most successful “professional plaintiffs” to sue telemarketers under the Telephone Consumer Protection Act. While she's won class settlements worth tens of millions of dollars, she said a recent counter-suit in a far-off venue, Puerto Rico, has been the “worst experience” of her litigation career.
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Lilly Ledbetter Was An 'Indefatigable' Force For Equal Pay
Lilly Ledbetter, whose unequal pay lawsuit against her employer sparked a 2009 law and led her to dedicate the rest of her life to fighting for pay equity, recently died at 86. Those who worked with her say her legacy lives on in the ongoing fight to close the wage gap.
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Post-Dobbs Ballot Questions May Spell Litigation With No End
A record-setting number of abortion-related constitutional ballot questions this year has unleashed a wave of litigation over reproductive rights in the wake of the U.S. Supreme Court's Dobbs decision. But they may just be the start of the legal battles over the ballot measures.
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Longtime DOD, Military Atty Joins Beveridge & Diamond In DC
Beveridge & Diamond PC has hired the U.S. Department of Defense's deputy general counsel for environment, energy and installations as of counsel in the firm's Washington office, a move the firm said is its latest government hire to help clients navigate the constantly changing environmental landscape.
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DC Circ. Homes In On Comparators In MoFo Race Bias Case
A D.C. Circuit panel questioned if a Black contract lawyer put enough detail in his discrimination lawsuit against Morrison Foerster LLP to merit its reopening, grappling Monday with whether he had provided enough information about the firm's treatment of white attorneys in similar roles.
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The State Supreme Court Races To Watch In November
With dozens of states holding elections next month for more than 80 seats on their courts of last resort, a number of races could prove critical for the courts' ideological balances and important cases relating to abortion, voting rights and possibly even the outcome of the presidential election.
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Media Co. Tegna Hires 'Battle-Tested' Chief Legal Officer
Tegna Inc., which provides media services and content across various platforms, has found a new chief legal officer from Hemisphere Media Group just over a month after its former top attorney resigned after less than a year on the job.
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Justices Pass On Cohen Suit Blaming Trump For Prison Stint
The U.S. Supreme Court declined to take up a case brought against Donald Trump by his former personal attorney Michael Cohen, who claimed that he was vindictively put in prison for writing a memoir that painted the former president in a negative light.
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High Court Takes Case On Sentencing For Release Infractions
The U.S. Supreme Court on Monday agreed to address a circuit split over what factors judges can consider when sentencing a person for violating conditions of supervised release, an issue estimated to affect thousands of defendants each year.
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High Court Won't Revisit New-Deal Removal Ruling Yet
The U.S. Supreme Court declined Monday to review a case challenging presidential removal protections for commissioners of the Consumer Product Safety Commission, passing up the opportunity to revisit a New Deal-era precedent at the center of the modern regulatory system.
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High Court Will Review Clean Air Act Jurisdiction Cases
The U.S. Supreme Court on Monday agreed to review Tenth Circuit and Fifth Circuit rulings that reached different conclusions about whether legal challenges to U.S. Environmental Protection Agency air pollution rules belong in the D.C. Circuit.
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Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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How Texas Legislators Blocked 1st 'Shaken Baby' Execution
A bipartisan group of Lone Star State legislators stopped what would have been the nation's first execution for a conviction based on a "shaken baby syndrome" diagnosis by raising a novel separation-of-powers question about whether legislative subpoenas or death warrants carry more authority.
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Jan. 6 Witness Said Trump Speech May Have Been 'Political'
Donald Trump's speech at a rally before the Jan. 6, 2021, insurrection at the U.S. Capitol may have been "political" rather than in his official capacity as president, witness testimony unsealed Friday in his D.C. election interference case said.
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Akin Helps Free Falsely Convicted Nicaraguan Missionaries
Thirteen people associated with the Texas-based evangelical missionary organization Mountain Gateway were released from a Nicaraguan prison in September following a monthslong pro bono effort by Akin Gump Strauss Hauer & Feld LLP attorneys to secure their freedom.
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High Court Bar's Future: Solicitor General Elizabeth Prelogar
U.S. Solicitor General Elizabeth B. Prelogar is a once-in-a-generation talent who uses her seemingly endless knowledge of case facts and related law — along with her quick wit — to routinely spar with an often antithetical U.S. Supreme Court over some of the most consequential issues in a given term, experts and court watchers say.
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It's Not Too Late For Attys To Help Safeguard Election
With the presidential election mere weeks away, a small army of lawyers will deploy throughout the country in a nonpartisan effort to ensure the process is fair, smooth and safe.
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DC Firms Look To Exit Suit Over $120M Iraq Award
Pierson Ferdinand LLP and another boutique firm have urged the D.C. Circuit to let them withdraw as counsel for Iraq as the country looks to overturn an order allowing a construction firm permission to go after Iraqi assets to satisfy a $120 million judgment, saying the country owes some $25,000 in legal fees and has stopped responding to the firms' inquiries on the litigation.
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BigLaw Sees Rise In Partner Hires, Led By NY And London
Despite economic turbulence, partner lateral hires at BigLaw firms have held steady in the first three quarters of the year, with the New York and London markets seeing the most significant uptick, according to a recent report from legal search firm Macrae.
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Beltway Moves: Kirkland, Hogan Lovells, Paul Hastings
Kirkland & Ellis LLP and Hogan Lovells both brought on Federal Trade Commission attorneys in recent weeks as Washington, D.C., firms continue to deepen their antitrust benches.
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The Supreme Court's Week: By The Numbers
The U.S. Supreme Court heard arguments in four cases during the holiday-shortened week, including disputes over the vagueness of a San Francisco water permit, the rejection of two veterans' disability claims, and allegations that CBD companies' mislabeling of their products constitutes racketeering. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
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57 Scholars, Former Judges Call For High Court Term Limits
A group of 57 constitutional scholars and retired federal and state judges wrote a letter to the leaders of Congress on Wednesday urging them to establish term limits for U.S. Supreme Court justices, proposing guardrails that they said are "urgently needed at a time of plummeting confidence" in the nation's highest court.
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One Of DC District Court's 1st Female Judges Dies At 95
Joyce Hens Green, a longtime Washington, D.C., federal judge who became known for her work on high-profile cases like the Bank of Credit and Commerce International's sprawling fraud scheme after building her legal career at a time when the profession was almost exclusively male, died on Oct. 10 at 95 years old.
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Law360 Pulse Spotlight On Mid-Law Work
Richards Layton's work on multiple infringement suits against Moderna and Nutter's work on a notable Massachusetts beer company acquisition lead this edition of Law360 Pulse's Spotlight On Mid-Law Work, recapping the top matters for Mid-Law firms from Oct. 4 to 18.
Expert Analysis
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Personality Tests And Machine Learning Applications In Law
Mateusz Kulesza at McDonnell Boehnen looks at potential applications of personality testing based on machine learning techniques for law firms, and the implications this shift could have for lawyers, firms and judges, including how it could make the work of judges and other legal decision-makers much more difficult.
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AI Is Reshaping Lawyering: What To Expect In 2024
The future of lawyering is not about the wholesale replacement of attorneys by artificial intelligence, but as AI handles more of the routine legal work, the role of lawyers will evolve to be more strategic, requiring the development of competencies beyond traditional legal skills, says Colin Levy at Malbek.
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Embrace Active Voice In Legal Writing — In Most Cases
Legal writers should strive to craft sentences in the active voice to promote brevity and avoid ambiguities that can spark litigation, but writing in the passive voice is sometimes appropriate — when it's a moral choice and not a grammatical failure, says Diana Simon at the University of Arizona's James E. Rogers College of Law.
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Series
Ask A Mentor: How Can I Help Associates Turn Down Work?
Marina Portnova at Lowenstein Sandler discusses what partners can do to aid their associates in setting work-life boundaries, especially around after-hours assignment availability.
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How AI Legal Research Tools Are Shifting Law Firm Processes
Although artificial intelligence-powered legal research is ushering in a new era of legal practice that augments human expertise with data-driven insights, it is not without challenges involving privacy, ethics and more, so legal professionals should take steps to ensure AI becomes a reliable partner rather than a source of disruption, says Marly Broudie at SocialEyes Communications.
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Data Source Proliferation Is A Growing E-Discovery Challenge
With the increased usage of collaboration apps and generative artificial intelligence solutions, it's not only important for e-discovery teams to be able to account for hundreds of existing data types today, but they should also be able to add support for new data types quickly — even on the fly if needed, says Oliver Silva at Casepoint.
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Bracing For A Generative AI Revolution In Law
With many legal professionals starting to explore practical uses of generative artificial intelligence in areas such as research, discovery and legal document development, the fundamental principle of human oversight cannot be underscored enough for it to be successful, say Ty Dedmon at Bradley Arant and Paige Hunt at Lighthouse.
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Why I Use ChatGPT To Tell Me Things I Already Know
The legal profession is among the most hesitant to adopt ChatGPT because of its proclivity to provide false information as if it were true, but in a wide variety of situations, lawyers can still be aided by information that is only in the right ballpark, says Robert Plotkin at Blueshift IP.
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Series
Ask A Mentor: How Can I Use Social Media Responsibly?
Leah Kelman at Herrick Feinstein discusses the importance of reasoned judgment and thoughtful process when it comes to newly admitted attorneys' social media use.
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Yada, Yada, Yada: The Magic Of 3 In Legal Writing
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Attorneys should take a cue from U.S. Supreme Court justices and boil their arguments down to three points in their legal briefs and oral advocacy, as the number three is significant in the way we process information, says Diana Simon at University of Arizona.
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How Firms Can Stop Playing Whack-A-Mole With Data Security
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In order to achieve a robust client data protection posture, law firms should focus on adopting a risk-based approach to security, which can be done by assessing gaps, using that data to gain leadership buy-in for the needed changes, and adopting a dynamic and layered approach, says John Smith at Conversant Group.
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5 Life Lessons From Making Partner As A Solo Parent
Laranda Walker at Susman Godfrey, who was raising two small children and working her way to partner when she suddenly lost her husband, shares what fighting to keep her career on track taught her about accepting help, balancing work and family, and discovering new reserves of inner strength.
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Series
Ask A Mentor: How Can I Turn Deferral To My Advantage?
Diana Leiden at Winston & Strawn discusses how first-year associates whose law firm start dates have been deferred can use the downtime to hone their skills, help their communities, and focus on returning to BigLaw with valuable contacts and out-of-the-box insights.
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Resume Gaps Are No Longer Kryptonite To Your Legal Career
Female attorneys and others who pause their careers for a few years will find that gaps in work history are increasingly acceptable among legal employers, meaning with some networking, retraining and a few other strategies, lawyers can successfully reenter the workforce, says Jill Backer at Ave Maria School of Law.
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Law Firm Guardrails For Responsible Generative AI Use
ChatGPT and other generative artificial intelligence tools pose significant risks to the integrity of legal work, but the key for law firms is not to ban these tools, but to implement them responsibly and with appropriate safeguards, say Natalie Pierce and Stephanie Goutos at Gunderson Dettmer.