Courts

  • Head Of Judicial 'Progressive Powerhouse' To Step Down

    Russ Feingold will step down next year as president of the American Constitution Society, which is a liberal counterpart to the Federalist Society.

  • Calif. Judge Cops To Ethics Charges, Agrees To Step Down

    A California judge censured and barred for multiple ethics violations, including drug use, inappropriate personal relationships with attorneys and making inappropriate comments, including antisemitic remarks, about litigants and attorneys, has resigned as of Monday.

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    Trump's Florida Prosecutors Scolded For Gag Order Filing

    The Florida federal judge overseeing Donald Trump's classified documents case on Tuesday temporarily rejected the government's request for a limited gag order and admonished prosecutors for what she said was a lack of "substance and professional courtesy" in their conferral with defense attorneys before filing the motion.

  • Justices Won't Hear Avenatti Appeal Of Nike Conviction

    The U.S. Supreme Court on Tuesday declined to hear an appeal from Michael Avenatti challenging his conviction for trying to extort millions from Nike, with the high court's rejection ending the disbarred attorney's chances at overturning one of his three criminal convictions.

  • Feds Push Back At Hunter Biden's 2nd Bid To Ditch Gun Case

    Special counsel for the government urged the Third Circuit to deny Hunter Biden's second attempt to appeal a Delaware federal judge's refusal to dismiss his felony firearm charges, stating Biden's interpretation of guiding precedent would "swallow the final judgment rule whole."

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    Approach The Bench: Judge Humetewa Talks Tribal Relations

    Before she joined the federal bench in Arizona, Judge Diane Humetewa worked as a jurist on a relatively young court, where she regularly set new legal precedent.

  • Gorsuch Unhappy Court Won't Rethink Jury Size Precedent

    In a strongly worded dissent Tuesday, Justice Neil Gorsuch said the U.S. Supreme Court needs to rethink precedent that "made the unthinkable a reality" by permitting juries of fewer than 12 people to decide cases involving serious criminal offenses.

  • Serial Numbers Tie Gold Bars To Menendez, Jury Hears

    The executive assistant of a New Jersey real estate developer on trial alongside U.S. Sen. Robert Menendez linked her boss to some of the gold bars found in the congressman's New Jersey home, confirming Tuesday that the serial numbers of her employer's stash of bars matched the ones stamped on the flashy evidence.

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    Justices Will Review EPA's 'Vague' SF Water Pollution Regs

    The U.S. Supreme Court on Tuesday agreed to review the U.S. Environmental Protection Agency's decision to set "vague" and "generic" pollution prohibitions for San Francisco, as opposed to numerical standards.

  • 5 Themes That Could Determine Trump's NY Criminal Trial

    With closing arguments set for Tuesday morning in Donald Trump's New York hush money case and deliberations on the horizon, here's a look at the themes that have dominated the historic, monthlong trial so far.

  • Fla. Bar Seeks Longer Penalty Over Atty's Campaign Speech

    In a notice filed with the Florida Supreme Court on Wednesday, the Florida Bar said it would seek a 91-day suspension for Georgia-based attorney Christopher W. Crowley, rather than a recommended 60-day suspension after a referee said Crowley disparaged Amira Fox several times when both were running for 20th Judicial Circuit state attorney. 

  • Carhartt Heiress Atty Can't Get Mistrial Over Own Witness

    A Michigan attorney can't get a mistrial in a criminal case accusing him of embezzling millions from his wealthy Carhartt heiress client after his own witness discussed the heiress' $37 million potential loss during cross-examination, with a state judge saying Friday he was mystified why the witness was even called but that the defense had insisted on it. 

  • Petition Watch: Forum Shopping, Monopolies & Gun Safety

    Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

  • Alec Baldwin Must Face 'Rust' Shooting Charges

    A New Mexico state judge on Friday denied Alec Baldwin's motion to dismiss his indictment on involuntary manslaughter charges in the fatal on-set shooting of a cinematographer during the filming of "Rust" in Santa Fe, rejecting the actor's claims of prosecutorial misconduct before the grand jury.

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    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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    Meet Biden's Latest Pennsylvania Picks For District Court

    President Joe Biden has continued his trend of nominating public defenders to the federal bench, this time selecting two longtime defense attorneys to occupy vacancies in Pennsylvania.

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    Ga. Appeals Seat Winner Faces Challenge Over Residency

    A Georgia attorney is looking to pause the certification of Tuesday's election win by a onetime state bar leader for a Georgia Court of Appeals seat, arguing that he lied about his Atlanta residence when he qualified to run for the judgeship since he allegedly lived in Tennessee.

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    Sullivan & Cromwell Cleared Of Any Misconduct In FTX Report

    The Chapter 11 examiner appointed in the bankruptcy case of fallen cryptocurrency exchange FTX Trading absolved debtor law firm Sullivan & Cromwell of any conflicts or misconduct related to the business's collapse and restructuring, recommending limited further investigations into discrete matters.

  • Exiled Chinese Businessman Is No $1B Fraudster, Jury Told

    Exiled Chinese businessman and purported billionaire Guo Wengui ran legitimate companies in support of a broad movement that opposed the Chinese Communist Party, his attorney told a Manhattan federal jury Friday, rather than what prosecutors say was a multifaceted $1 billion fraud.

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    Alito Flag Displays 'Improper' And 'Dumb,' District Judge Says

    A Massachusetts federal judge is calling out U.S. Supreme Court Justice Samuel Alito for controversial flags reportedly seen flying outside his homes, saying such actions erode public trust in the courts.

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    Calif. Judge Gets 2nd Reprimand After Calling Atty 'Snake Oil'

    For the second time in his judicial career, a California state judge has been publicly admonished for misconduct on the bench, most recently for referring to a public defender as "snake oil" in a criminal case and for "usurping the role of prosecutor" in another trial that was later overturned because of the judge's conduct.

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    The Supreme Court's Week: By The Numbers

    The justices issued three rulings this week, including a unanimous one about arbitrability in a case involving a cryptocurrency exchange, and divided ones concerning racial gerrymandering and sentencing enhancements for those with drug convictions. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.

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    Weinstein Atty Trying To Chill Retrial Testimony, DA Says

    The Manhattan District Attorney's Office has argued that a lawyer for Harvey Weinstein violated ethics rules by publicly accusing one of the movie mogul's alleged rape victims of perjury in an "obvious" attempt to dissuade her from testifying again at an upcoming retrial.

  • Alabama Judge Says Attys Subverted Plumbing Defect Deal

    In an effort to safeguard the due process rights of hundreds of homeowners, an Alabama federal judge has tossed out more than 300 settlement class "opt-outs" and partially reopened the objection period in a product liability suit, determining that outside attorneys repeatedly misled clients regarding the pending settlement, leading to the numerous exclusion requests.

  • NC Bill Will Let Attys Expunge Discipline Records

    The North Carolina Senate approved a measure Thursday that would allow attorneys to clear certain disciplinary actions from their professional records, along with other changes to the Tar Heel State's lawyer ethics process.

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Expert Analysis

  • Embrace Active Voice In Legal Writing — In Most Cases Author Photo

    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.

  • Series

    Ask A Mentor: How Can I Help Associates Turn Down Work? Author Photo

    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.

  • How AI Legal Research Tools Are Shifting Law Firm Processes Author Photo

    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.

  • Data Source Proliferation Is A Growing E-Discovery Challenge Author Photo

    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.

  • Bracing For A Generative AI Revolution In Law Author Photo

    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.

  • Why I Use ChatGPT To Tell Me Things I Already Know Author Photo

    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.

  • Series

    Ask A Mentor: How Can I Use Social Media Responsibly? Author Photo

    Leah Kelman at Herrick Feinstein discusses the importance of reasoned judgment and thoughtful process when it comes to newly admitted attorneys' social media use.

  • Yada, Yada, Yada: The Magic Of 3 In Legal Writing Author Photo

    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.

  • How Firms Can Stop Playing Whack-A-Mole With Data Security Author Photo

    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.

  • 5 Life Lessons From Making Partner As A Solo Parent Author Photo

    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.

  • Series

    Ask A Mentor: How Can I Turn Deferral To My Advantage? Author Photo

    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.

  • Resume Gaps Are No Longer Kryptonite To Your Legal Career Author Photo

    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.

  • Law Firm Guardrails For Responsible Generative AI Use Author Photo

    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.

  • Opinion

    We Must Continue DEI Efforts Despite High Court Headwinds Author Photo

    Though the U.S. Supreme Court recently struck down affirmative action in higher education, law firms and their clients must keep up the legal industry’s recent momentum advancing diversity, equity and inclusion in the profession in order to help achieve a just and prosperous society for all, says Angela Winfield at the Law School Admission Council.

  • Law Firms Cannot Ignore Attorneys' Personal Cybersecurity Author Photo

    Law firms that fail to consider their attorneys' online habits away from work are not using their best efforts to protect client information and are simplifying the job of plaintiffs attorneys in the case of a breach, say Mark Hurley and Carmine Cicalese at Digital Privacy and Protection.

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