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Courts
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Ex-Immigration Judge Accuses DOJ Of Political Retaliation
A former Ohio immigration judge sued the U.S. Department of Justice in D.C. federal court Monday, alleging she was discriminated against and unconstitutionally fired for her liberal political beliefs while slamming the Trump administration's recent "unprecedented assault" against longstanding civil service laws that protect millions of federal employees.
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Justices Probe Limits Of Deference In Asylum Cases
The U.S. Supreme Court on Monday grappled with when courts can review the Board of Immigration Appeals' persecution findings, showing little appetite for allowing courts to routinely second-guess agency expertise while expressing concern that the government was advocating for too much deference.
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NJ Comptroller Bill Debate Turns Into Fight Over AG's Record
A New Jersey Senate committee hearing on Monday about a bill that would remove investigatory powers from the Office of the State Comptroller devolved into attacks on the state attorney general's record and accusations of "textbook" First Amendment violations.
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Judge-Shopping Sanctions Order Must Stand, 11th Circ. Told
The Alabama federal judges who sanctioned a trio of civil rights attorneys for allegedly judge shopping are defending that outcome, telling the Eleventh Circuit the controversial process was above board and rejecting the "scheming" attorneys' claims that they simply wanted to ensure they received a randomly assigned judge.
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What MDL Judges Can Get Done With A New Civil Rule
As the first federal procedure rule geared toward multidistrict litigation goes into effect, judges will have a new buffet of best practices to guide them, but little in the way of hand-tying mandates.
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Calif. Ban On Fee-Sharing With 'Alternative' Firms Challenged
A new law barring California lawyers and firms from sharing fees with out-of-state law firms owned by nonlawyers is unconstitutional and will harm the state's mass tort lawyers and their clients, according to a lawsuit filed last week.
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Med Mal Judge DQ Sought Over Conflict Of 'Epic Proportions'
A Florida couple say their medical malpractice suit against a Georgia healthcare provider shouldn't have been dismissed by a Georgia federal judge, arguing the judge has a conflict of interest of "epic proportions" through her brother and sister-in-law.
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Saxton & Stump Expanding In Central Pa. With Former Judge
Saxton & Stump will kick off the new year by growing its offices in York and Harrisburg, Pennsylvania, with a magisterial district judge who will join the firm when her term is over at the end of December.
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DOJ Top Enviro Atty Joins Pillsbury In DC
The former assistant attorney general for the U.S. Department of Justice's Environment and Natural Resources Division has come aboard Pillsbury Winthrop Shaw Pittman LLP's Washington, D.C., office, the firm announced Monday.
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Port Authority Chair Gets NJ Committee Nod For Another Term
The New Jersey Senate Judiciary Committee voted to reappoint Kevin O'Toole, chair of the Port Authority of New York and New Jersey since 2017, to another six-year term on the board of commissioners of the agency on Monday.
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Justices Question Scope Of ISP Liability In $1B Piracy Case
U.S. Supreme Court justices pressed Cox Communications on whether internet service providers could ever be liable for their customers' online piracy if it defeated a $1 billion case brought by music companies, with Justice Ketanji Brown Jackson questioning the company's attorney Monday if "selling internet services can ever be culpable conduct."
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3rd Circ. Says Habba Barred From Serving As Acting US Atty
President Donald Trump's former personal lawyer cannot serve as acting U.S. attorney for New Jersey, the Third Circuit ruled Monday in a precedential opinion holding that her appointment violated the Federal Vacancies Reform Act and undermined the constitutional safeguards of Senate confirmation.
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Cyber Co. Says Mich. Atty's Recusal Bid Based On Speculation
A Michigan attorney's attempt to have a judge recuse from a payment dispute launched by a cybersecurity firm "is a waste of the court's time," the company has said, because her bid is based on speculation over the judge's work in a federal prosecutor's office.
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Up Next At High Court: ISP Liability & State Subpoena Suits
The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court.
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Ohio Panel Says Locked Court Doors Didn't Violate Trial Right
An Ohio appeals court said on Wednesday that a decision to continue a trial after courthouse doors were locked at the close of business did not violate a man's rights, denying his bid for a new trial.
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State High Courts See Little Progress In Improving Diversity
State supreme courts have seen minimal improvements in the racial and gender diversity of their jurists, as new justices have been disproportionately white and male, with even less progress made in seating justices with varied professional experiences, according to a recent report.
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11th Circ. Denies Trump Bid To Revive Clinton, DNC RICO Suit
The Eleventh Circuit on Wednesday upheld the dismissal of President Donald Trump's amended lawsuit alleging a racketeering conspiracy between Hillary Clinton and the Democratic National Committee to derail his 2016 campaign with false accusations of Russian collusion, saying the complaint didn't state any claims.
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NJ AG, Comptroller Blast Bill To Strip Agency's Probe Powers
New Jersey Attorney General Matthew Platkin is set to go before lawmakers on Dec. 1 to speak out against a proposed bill aimed removing investigatory powers from the Office of the State Comptroller after calling the proposal "outrageous" on social media.
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Fla. Supreme Court Calls For 25 New State Judgeships
The Supreme Court of Florida on Wednesday asked the state's Legislature for 13 additional circuit court judgeships and 12 more county court bench seats in fiscal year 2026-27.
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Gov.-Elect Sherrill Taps Dozens Of Attys For Transition Teams
New Jersey Gov.-elect Mikie Sherrill's recently announced transition teams feature a number of legal professionals from within New Jersey and outside the state working in a variety of roles as she prepares for her term to begin.
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DOJ Says Ex-Employees Can't Challenge Firings In Fed. Court
The government says a D.C. federal court lacks jurisdiction to adjudicate a lawsuit filed by a former assistant U.S. attorney who prosecuted defendants charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol and two other ex-Department of Justice employees, alleging they were unlawfully fired.
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Democracy Forward Adds High-Profile Former DOJ Atty
A former top attorney in the Justice Department's Office of Immigration Litigation, who was fired in April after telling a court the deportation of Kilmar Ábrego García was made in error, has joined Democracy Forward as a senior counsel, the group announced Tuesday.
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Ga. Prosecutor Drops Election Case Against Trump, Allies
A Georgia prosecutor on Wednesday officially dropped the racketeering case against President Donald Trump and others accused of attempting to overturn the state's 2020 presidential election results.
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6th Circ. Largely Shoots Down Ohio Derailment Atty Fee Fight
The Sixth Circuit on Tuesday largely refused to revive Morgan & Morgan's bid to halt the allocation of attorney fees from a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster, but remanded it for a look into the firm's individual allocation amount.
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Trial Over Judge's Alleged ICE Interference Gets Ground Rules
A Wisconsin federal judge on Tuesday set some ground rules for an anticipated December trial over criminal charges alleging a state judge attempted to hinder a U.S. Immigration and Customs Enforcement arrest this spring, including the types of arguments and evidence that can be presented to the jury.
Expert Analysis
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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.
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Why Interdisciplinarity Is Key To Designing The Future Of Law
The legal profession faces challenges that urgently demand new solutions, and lawyers and firms can address this by leaning on other industries that have more experience practicing, teaching and incorporating innovation into their core business and service models, says Jennifer Leonard at the University of Pennsylvania.
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Incorporating ADA Guidance Into Lawyer Wellness Movement
The Americans with Disabilities Act and rules of professional conduct may help the legal profession promote lawyer well-being by focusing on mental conditions' actual impact, rather than on associated stereotypes, says Alex Long at the University of Tennessee College of Law.
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Series
Ask A Mentor: How Can New Partners Generate Business?
Christine Wong at MoFo discusses how newly elected partners can prioritize business development by creating a strategic plan with the firm's marketing team and strengthening relationships with professional and personal networks.