Courts


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    Skipping Diversity Suits Lets Error 'Metastasize,' Alito Says

    The U.S. Supreme Court declined Monday to review Boston's allegedly discriminatory COVID-19 pandemic-era admissions policy for three elite public schools, turning away the second case to challenge the use of race-neutral diversity initiatives in a decision Justice Samuel Alito claims ignores a "glaring constitutional error" and undermines the court's affirmative action decision.

  • Trump Names His Personal Atty As Counselor

    The New Jersey-based litigator who represented Donald Trump in suits that saddled him with multimillion-dollar civil judgments will serve as his counselor when he returns to the White House, the president-elect said Sunday in announcing a new round of picks for his upcoming administration.

  • Up Next: Environmental Reviews, Wire Fraud & TM Awards

    The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.

  • Justices To Consider Easing Rules On Revising Habeas Petitions

    The U.S. Supreme Court on Friday agreed to hear a case that could make it easier for prisoners to amend their habeas corpus petitions, brought by a man who claims his drunken attorney never pointed out that key evidence in his child pornography trial was marked as "not child porn" by investigators.

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    High Court Bar's Future: Gupta Wessler's Jennifer Bennett

    As a litigator for workers and consumers, Jennifer D. Bennett made her debut at the U.S. Supreme Court at an inauspicious time, when conservative justices were consistently helping corporations move major cases onto advantageous turf in arbitration. But since then, Bennett has amassed a flawless argument record and helped to turn the tide, making her one of the high court's most promising young advocates.

  • Justices To Decide If Terror Victim Law Violates Due Process

    The U.S. Supreme Court agreed Friday to decide whether a 2019 law gives courts jurisdiction over the Palestinian Authority and Palestine Liberation Organization or conflicts with the Fifth Amendment's due process clause.

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    Keker Van Nest Marks 5 Years Of Calif. Resentencing Work

    Over the last five years, Keker Van Nest & Peters LLP has helped imprisoned Californians petition to reduce their life sentences following a 2018 change to the state's felony murder rules, most recently securing the release of a man who was originally sentenced to death.

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    Veterans Courts Help Some, But Leave Many Others Behind

    Veterans treatment courts have helped thousands of justice-involved vets with addiction and mental health issues, but strict eligibility rules, difficulty identifying defendants and a lack of courts mean many former service members are still falling through the cracks.

  • Wash. Justices OK Pilot To Relax Regs For Non-Lawyers

    Washington's high court has approved a pilot program that will allow the Evergreen State to loosen rules on who can practice law, with the aim of empowering businesses and organizations not run by lawyers to innovate on providing legal services, and perhaps make them more affordable.

  • Ga. Poll Workers Want 'Severe' Sanctions Against Giuliani

    The two former Georgia election workers who won a $148 million defamation verdict against Rudy Giuliani have asked a federal judge to hold the former Donald Trump attorney in civil contempt and impose "severe" sanctions for his "willful flouting" and "blatant disregard" of court orders.

  • House Poised To Take Up JUDGES Act As Some Dems Balk

    A bipartisan bill to create more federal judgeships to meet increasing caseloads is on the House's schedule for next week, but its support from some Democrats appears to be waning.

  • Patent Litigation Funders 'Fleeing' Del. Court, Study Says

    Patent cases in Delaware federal court have dropped by 41% since Delaware's Chief U.S. District Judge Colm Connolly issued disclosure rules in 2022, and litigation-funded cases there "have virtually dried up," according to a Utah law professor's study.

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    Florida Supreme Court Updates Case Management Reforms

    The Florida Supreme Court is fine tuning its new framework for the active management of civil cases, including adopting federal language on proportionality, before a number of changes to the Florida Rules of Civil Procedure take effect Jan. 1.

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    NY Judge Sanctioned For Ex Parte Convo In Divorce Case

    A second state court judge has been sanctioned in an ethics flap over improper out-of-court communications in a contested divorce case involving a law firm run by a friend of his, the New York State Commission on Judicial Conduct announced this week.

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    The Supreme Court's Week: By The Numbers

    The U.S. Supreme Court heard arguments in four cases this week, including in one of the term's most anticipated disputes over Tennessee's ban on gender-affirming care for minors and another involving art taken from Hungarian Jews during the Holocaust. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.

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    Legal Hiring Continues Growth In November

    The U.S. legal sector saw job growth continue in November, logging its third consecutive month of increases after a four-month decline earlier this year, according to preliminary figures released Friday by the Bureau of Labor Statistics.

  • Voir Dire: Law360 Pulse's Weekly Quiz

    The legal industry began December with another busy week as President-elect Donald Trump continued to make appointments and BigLaw firms shifted their physical footprints. Test your legal news savvy here with Law360 Pulse's weekly quiz.

  • Judge Newman Brings Fight To End Her Suspension To DC Circ.

    U.S. Circuit Judge Pauline Newman asked the D.C. Circuit on Thursday to rule that a suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve as a Federal Circuit judge violates the U.S. Constitution. 

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    Covington Helps Take Calif. Court Reporter Shortage To Court

    Covington & Burling LLP is among the counsel for groups petitioning the California Supreme Court to address the state's court reporter shortage by mandating the use of electronic recording when court reporters are unavailable.

  • Ex-Posner Staffer Asks Court To Allow Salary Suit To Proceed

    A former staffer suing retired U.S. Circuit Judge Richard Posner for $170,000 in back pay has rejected Judge Posner's claim that the suit is untimely, arguing the onetime Seventh Circuit jurist's conduct was so egregious that it's exempt from otherwise relevant statutes of limitations.

  • Ex-Leader At Seton Hall Law Gets 3 Years For Embezzlement

    A New Jersey federal judge sentenced on Thursday a former assistant dean at Seton Hall University School of Law to three years in prison for leading a 13-year embezzlement scheme that defrauded her former employer of $1.3 million. 

  • Disgruntled Dems Move On From Appellate Noms Deal

    While some Democrats have gripes about the deal Senate Majority Leader Chuck Schumer made with Republicans before Thanksgiving on judicial confirmations, they grudgingly concede the deal helps them fill as many seats as possible even if it means leaving choice circuit seats for President-elect Donald Trump to fill.

  • Sentencing Judge Wants Jail Healthcare Info In Threats Case

    Saying he needed additional briefs on mental health treatments in federal prisons, a Connecticut federal judge on Thursday postponed sentencing a man who pled guilty to mailing more than 150 threatening letters to U.S. Supreme Court justices, state and federal judges, other officials and journalists.

  • Lowenstein Sandler Suit Gets New NJ Judge After DQ Request

    Lowenstein Sandler LLP has persuaded an Essex County Superior Court judge to recuse himself from the firm's $800,000 fee suit against a cannabis dispensary over social connections to the litigants and their counsel and had the case assigned to a new judge this week.

  • 'A Different Ballgame': Courts Contend With AI Deepfakes

    Lawyers, judges and forensics experts must be proactive in recognizing deepfakes, or artificial intelligence-modified content, in courts, a panel of experts said during a webinar on Thursday.

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Expert Analysis

  • Opinion

    CLE Accreditation Should Be Tied To Learning Outcomes Author Photo

    Given the substantial time and money lawyers put toward mandatory continuing legal education, CLE regulators and providers should be held to accreditation standards that assess learning outcomes, similar to those imposed on law schools and continuing medical education providers, says Rima Sirota at Georgetown Law.

  • Why You Should Leverage AI For Privilege Review Author Photo

    While many lawyers still believe that a manual, document-by-document review is the best approach to privilege logging, certain artificial intelligence tools can bolster the traditional review process and make this aspect of electronic document review more efficient, more accurate and less costly, say Laura Riff and Michelle Six at Kirkland.

  • Persuading The Court With Visual Aids In Written Argument Author Photo

    Robert Dubose at Alexander Dubose describes several categories of visuals attorneys can use to make written arguments easier to understand or more persuasive, and provides tips for lawyers unused to working with anything but text.

  • BigLaw Vs. Mid-Law Summer Programs: The Pros And Cons Author Photo

    There are major differences between BigLaw and Mid-Law summer associate programs, and each approach can learn something from the other in terms of structure and scheduling, the on-the-job learning opportunities provided, and the social experiences offered, says Anna Tison at Brooks Pierce.

  • Series

    Ask A Mentor: How Do I Take Time Off? Author Photo

    David Kouba at Arnold & Porter discusses how attorneys can prioritize mental health leave and vacation despite work-related barriers to taking time off.

  • Law Firms Must Prioritize Mental Health In Internal Comms Author Photo

    The traditional structure of law firms, with their compartmentalization into silos, is an inherent challenge to mental wellness, so partners and senior lawyers should take steps to construct and disseminate internal action plans and encourage open dialogue, says Elizabeth Ortega at ECO Strategic Communications.

  • Our Current Approach To Trial Advocacy Training Is Lacking Author Photo

    The key to trial advocacy is persuasion, but current training programs focus almost entirely on technique, making it imperative that lawyers are taught to be effective storytellers and to connect with their audiences, says Chris Arledge at Ellis George.

  • How Women In Law Can Advance Toward Leadership Roles Author Photo

    Female attorneys in leadership roles inspire other women to pursue similar opportunities in a male-dominated field, and for those who aspire to lead, prioritizing collaboration, inclusivity and integrity is key, says Kim Yelkin at Foley & Lardner.

  • The Case That Took Me From Prosecutor To Defense Attorney Author Photo

    Former Assistant U.S. Attorney Moira Penza, now at Wilkinson Stekloff, recalls the challenges of her first case as a civil defense attorney — a multibillion-dollar multidistrict class action against Allergan — and the lessons she learned about building rapport in the courtroom and with co-counsel.

  • The Importance Of Legal Macroeconomics Education For Attys Author Photo

    Most legal professionals lack understanding of the macroeconomic trends unique to the legal industry, like the rising cost of law school and legal services, which contributes to an unfair and inaccessible justice system, so law school courses and continuing legal education requirements in this area are essential, says Bob Glaves at the Chicago Bar Foundation.

  • Opinion

    It's Time To Hold DC Judges Accountable For Misconduct Author Photo

    On the heels of Thursday's congressional hearing on workplace protections for judiciary employees, former law clerk Aliza Shatzman recounts her experience of harassment by a D.C. Superior Court judge — and argues that the proposed Judiciary Accountability Act, which would extend vital anti-discrimination protections to federal court employees, should also include D.C. courts.

  • What ABA Student Well-Being Standards Mean For Law Firms Author Photo

    While the American Bar Association's recent amendments to its law school accreditation standards around student well-being could have gone further, legal industry employers have much to learn from the ABA's move and the well-being movement that continues to gain traction in law schools, says David Jaffe at the American University Washington College of Law.

  • Series

    Ask A Mentor: How Do I Build Rapport In New In-House Role? Author Photo

    Tim Parilla at LinkSquares explains how new in-house lawyers can start developing relationships with colleagues both within and outside their legal departments in order to expand their networks, build their brands and carve their paths to leadership positions.

  • What Attys Should Consider Before Taking On Pro Bono Work
    Excerpt from Practical Guidance
    Author Photo

    Piper Hoffman and Will Lowrey at Animal Outlook lay out suggestions for attorneys to maximize the value of their pro bono efforts, from crafting engagement letters to balancing workloads — and they explain how these principles can foster a more rewarding engagement for both lawyers and nonprofits.

  • Opinion

    NY Bar Admission Criminal History Query Is Unjust, Illegal Author Photo

    New York should revise Question 26 on its bar admission application, because requiring students to disclose any prior interaction with the criminal justice system disproportionately affects people of color, who have a history of being overpoliced — and it violates several state laws, says Andrew Brown, president of the New York State Bar Association.

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