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Courts
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Widow Can't Be Spared Husband's Tax Debt, 11th Circ. Affirms
A widow is not entitled to innocent spouse relief from tax debt she shared with her husband because the underlying income belonged to her, the Eleventh Circuit said, affirming a U.S. Tax Court ruling and skirting an additional challenge to job protections for judges.
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Justices Told State Med Mal Laws Fly In Federal Court
A Delaware federal court must apply a state statute requiring an expert affidavit in all medical malpractice suits, a hospital defendant told the U.S. Supreme Court, as key aspects of the Delaware law and similar statutes in 28 other states "should not be checked at the federal courthouse doors."
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State Justices Call For Legal Ed Reforms Amid 'Justice Gap'
State supreme courts need to address the nationwide "justice gap crisis" caused by too few attorneys, by emphasizing bar exam alternatives and more client work in law school to ensure the legal education pipeline produces new lawyers who are actually ready to practice, according to a new report.
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Wis. Judge Pushes For Immunity In ICE Arrest Case
A Wisconsin state judge is pushing for the dismissal of criminal charges alleging she hindered an immigration enforcement arrest, reiterating her argument that she has immunity against what she called the "overreaching federal prosecution of a state court judge for acts within her official duties."
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Del. Chief Justice Tapped To Lead National State Courts Group
Delaware Supreme Court Chief Justice Collins J. Seitz Jr. has been elected for a one-year term as president of the Conference of Chief Justices, a group within the National Center for State Courts dedicated to representing state court systems.
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Judges Speak Out On Rising Threats Amid Safety Concerns
Federal judges who have been at the center of some of the most high-profile litigation of the second Trump administration spoke publicly Thursday about threats they've faced after their rulings.
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Nonlawyer Indicted For Filing False Immigrant Asylum Forms
A Pennsylvania woman falsely claimed to be an immigration attorney and filed false asylum claims for immigrant clients, according to an indictment federal prosecutors announced Thursday.
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1st Circ. Denies Marathon Bomber's Bid To DQ Trial Judge
The First Circuit on Thursday denied a request by convicted Boston Marathon bomber Dzhokhar Tsarnaev to have the judge who presided over his 2015 trial removed from conducting a probe into whether some of the jurors who sentenced him to death were biased.
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Group Helps Federal Attys Facing Job Loss, Workplace Chaos
Amid the Trump administration’s push to dramatically shrink the federal workforce, lawyer assistance programs in Washington, D.C., Maryland and Virginia have launched a support group aimed at helping current and former government attorneys manage the stress of job losses and to navigate career transitions.
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Nadine Menendez Loses Bid To Toss Bribery Conviction
The wife of former U.S. Sen. Robert Menendez failed Thursday in her effort to overturn her conviction in a sweeping federal corruption case as a Manhattan federal judge ruled that the evidence against her was both extensive and compelling.
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Baldwin Eyes Deal Over Failed 'Rust' Trial With Suit Dormant
Alec Baldwin's lawsuit in New Mexico state court against prosecutors and others involved in his botched involuntary manslaughter case in the "Rust" film shooting has been temporarily thrown out, but the actor-producer's attorneys said Thursday that they've been in settlement discussions and will move to reinstate the suit if the talks fail.
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Retired NJ Judge Backs Appellate Advocacy Fund At Rutgers
More than 50 years after graduating from Rutgers Law School, a retired New Jersey federal judge and current partner at Blank Rome LLP is funding educational programs at his alma mater on his area of expertise: appellate advocacy.
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US Atty Swap Was 'Calculated' To Evade Senate, NJ Court Told
The reappointment of Alina Habba from interim to acting U.S. attorney for New Jersey was an unconstitutional maneuver "calculated to bypass Senate confirmation," a defendant seeking dismissal of his drug trafficking indictment told a federal judge Wednesday, while prosecutors opposed the motion as a "dispute over titles, not authority."
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NY Woman Cops To $30M Scam That Used Trump Event As Bait
A New York woman pled guilty Wednesday to conspiring to defraud investors out of more than $30 million in a real estate fraud and illicit campaign finance scheme, which included using illegal foreign political donations to access a fundraiser for President Donald Trump to woo investors.
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High Court Urged To Review Ineffective-Counsel Case
A man who threatened to sue his civil lawyer for malpractice has asked the U.S. Supreme Court to take up his case and find that such a situation creates an automatic conflict of interest when the same lawyer was also defending him in a criminal case.
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Calif. Sens. Slam Trump's US Atty 'Hijacking' To Keep LA Ally
California Sens. Alex Padilla and Adam Schiff issued a statement Wednesday condemning the Trump administration's decision to "circumvent the law" and appoint Bill Essayli as acting U.S. attorney in Los Angeles, in a move echoing the recent appointment of Alina Habba as acting U.S. attorney in New Jersey.
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How Confirming Bove May Stymie Trump's Impact On Courts
Embattled U.S. Department of Justice official Emil Bove has been appointed to a lifetime seat on the Third Circuit, but court watchers say his confirmation could backfire by scaring off other federal judges from retiring — for fear they'll be replaced by candidates like Bove.
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NJ Judge Accused Of Berating Truant Teens Called One 'Vile'
A New Jersey municipal court judge is accused of berating children in truancy hearings, threatening their families with deportation, and questioning their immigration status in open court — actions the state's judicial watchdog said violated multiple canons of judicial conduct.
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Dem Senators Press 9th Circ. Pick On Gender Role Beliefs
Eric Tung, a partner at Jones Day and nominee for the Ninth Circuit, faced questions from Democratic senators during his nomination hearing Wednesday about his views on gender roles, based on remarks he gave to the Yale Daily News in 2004, when he was in college.
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2nd Circ. Hands Clerk Another Shot At Free Speech Firing Suit
A Second Circuit panel reinstated a suit Wednesday from a court clerk who claimed she was fired for aiding an investigation into an ethics complaint against her former boss, ruling the lower court incorrectly found that her duties as a government worker shielded her from constitutional protection.
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Grassley 'Offended' By Trump's Blue Slip Criticism
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, said Wednesday he was "surprised" and "offended" by President Donald Trump's post Tuesday night urging him to get rid of so-called blue slips, which are essentially vetoes for home state senators over U.S. attorney and district court nominee picks.
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Jackson Walker Gets Another Deal On Judge-Romance Claims
Jackson Walker LLP has reached another settlement with former bankruptcy clients to resolve fee disputes related to the concealed romance of a former partner with the firm and former Texas bankruptcy Judge David R. Jones, according to a motion filed Tuesday in Texas federal court.
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Miss. AG Says Judge's TRO Over State DEI Ban Full Of Errors
Mississippi's attorney general wants a federal judge to explain "indisputable factual inaccuracies" in his decision pausing enforcement of a state law prohibiting diversity, equity and inclusion in public schools, saying Monday that the judge's original order contained nonexistent allegations, wrongly identified plaintiffs and defendants, and quoted terms that don't appear in the legislative text.
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Haynes Boone Power Team Keeps Winning At Fed. Circ.
Debbie McComas and Angela Oliver have emerged as the duo to beat at the Federal Circuit, as the Haynes Boone partners have taken victories in each of the seven patent appeals between them they've argued this year.
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Conn. Prosecutors' Misstatements Doom Murder Conviction
A Connecticut man who confessed to killing his apartment superintendent will get a second murder trial after the state's top court ruled in a split opinion Tuesday that prosecutors misstated the law about the defense's central theory during closing arguments and rebuttal.
Expert Analysis
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Series
Ask A Mentor: How Can Firms Coach Associates Remotely?.jpg)
Practicing law through virtual platforms will likely persist even after the pandemic, so law firms and senior lawyers should consider refurbishing their associate mentoring programs to facilitate personal connections, professionalism and effective training in a remote environment, says Carol Goodman at Herrick Feinstein.
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How Law Firms Can Welcome And Celebrate Autistic Lawyers
As the U.S. observes Autism Acceptance Month, autistic attorney Haley Moss describes the societal barriers and stereotypes that keep neurodivergent lawyers from disclosing their disabilities, and how law firms can better accommodate and level the playing field for attorneys whose minds work outside of the prescribed norm.
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Law Firm Tips For Evaluating AI And Machine Learning Tools
Many legal technology vendors now sell artificial intelligence and machine learning tools at a premium price tag, but law firms must take the time to properly evaluate them as not all offerings generate process efficiencies or even use the technologies advertised, says Steven Magnuson at Ballard Spahr.
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A Call For Personal Accountability On Diversity And Inclusion
While chief legal officers are increasingly involved in creating corporate diversity, inclusion and anti-bigotry policies, all lawyers have a responsibility to be discrimination busters and bias interrupters regardless of the title they hold, says Veta T. Richardson at the Association of Corporate Counsel.
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Learning How To Code Can Unleash New Potential In Lawyers
Every lawyer can begin incorporating aspects of software development in their day-to-day practice with little to no changes in their existing tools or workflow, and legal organizations that take steps to encourage this exploration of programming can transform into tech incubators, says George Zalepa at Greenberg Traurig.
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Supporting Associates Amid Pandemic's Mental Health Toll
As junior associates increasingly report burnout, work-life conflict and loneliness during the pandemic, law firms should take tangible actions to reduce the stigma around seeking help, and to model desired well-being behaviors from the top down, say Stacey Whiteley at the New York State Bar Association and Robin Belleau at Kirkland.
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Series
Ask A Mentor: Should My Law Firm Take On An Apprentice?.jpg)
Mentoring a law student who is preparing for the bar exam without attending law school is an arduous process that is not for everyone, but there are also several benefits for law firms hosting apprenticeship programs, says Jessica Jackson, the lawyer guiding Kim Kardashian West's legal education.
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The Importance Of Client Engagement In Law Firm Innovation
As clients increasingly want law firms to serve as innovation platforms, firms must understand that there is no one-size-fits-all approach — the key is a nimble innovation function focused on listening and knowledge sharing, says Mark Brennan at Hogan Lovells.
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The Unique Challenges Facing Women-Owned Law Firms
In addition to establishing their brand from scratch, women who start their own law firms must overcome inherent bias against female lawyers and convince prospective clients to put aside big-firm preferences, says Joel Stern at the National Association of Minority and Women Owned Law Firms.
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The Pursuit Of Wellness In BigLaw: Lessons From My Journey
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Jane Jeong at Cooley shares how grueling BigLaw schedules and her own perfectionism emotionally bankrupted her, and why attorneys struggling with burnout should consider making small changes to everyday habits.
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Why We Must Recruit And Advance More Black Prosecutors
Black Americans make up a disproportionate percentage of the incarcerated population but are underrepresented among elected prosecutors, so the legal community — from law schools to prosecutor offices — must commit to addressing these disappointing demographics, says Erika Gilliam-Booker at the National Black Prosecutors Association.
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Series
Ask A Mentor: How Can Associates Deal With Overload?.jpg)
Young lawyers overwhelmed with a crushing workload must tackle the problem on two fronts — learning how to say no, and understanding how to break down projects into manageable parts, says Jay Harrington at Harrington Communications.
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A Scientific Path For Improving Diversity At Law Firms
Law firms could combine industrial organizational psychology and machine learning to study prospective hires' analytical thinking, stress response and similar attributes — which could lead to recruiting from a more diverse candidate pool, say Ali Shahidi and Bess Sully at Sheppard Mullin.
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Series
Ask A Mentor: How Can Associates Seek More Assignments?.jpg)
In the first installment of Law360 Pulse's career advice guest column, Meela Gill at Weil offers insights on how associates can ask for meaningful work opportunities at their firms without sounding like they are begging.
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Legal Sector Regulatory Reform Is Key To Closing Justice Gap
In order to improve access to justice for those who cannot afford a lawyer, states should consider regulatory innovations, such as allowing new forms of law firm ownership and permitting nonlawyers to provide certain legal services, says Patricia Lee Refo, president of the American Bar Association.