Leak To Media Draws Proposed Consent Suspension

A District of Columbia Hearbing Committee has approved a petition for negotiated discipline recommending an 18-month suspension of an attorney for admitted violations of the duty of confidentiality and dishonesty. The attorney had been assigned to a matter by an... [Author: Legal Profession Prof]
Tags: Law, Legal Profession Prof, Bar Discipline & Process, District of Columbia Hearbing Committee

Argument analysis: Justices revisit immigration notice provision, parsing statutory text while urging practical solutions

David Zimmer, attorney for Agusto Niz-Chavez, calls in to argue (Art Lien) On Monday morning, the Supreme Court heard oral argument in Niz-Chavez v. Barr, a case that centers on the “stop-time rule,” the same provision of the Immigration and Nationality Act examined by the court in Pereira v. Sessions and Barton v. Barr. The stop-time rule limits access to cancellation of removal, a powerful form of relief for noncitizens who find themselves in removal proceedings. In order to qualify for canc...
Tags: Featured, Supreme Court, Law, Congress, Oregon, Chevron, Zimmer, Thomas, Sonia Sotomayor, John Roberts, NTA, Pereira, Yang, Roberts, Alito, Barrett

Technical Violations Merit No Sanction

The Louisiana Attorney Disciplinary Board has dismissed charges as demonstrating minor misconduct not warranting discipline This is a disciplinary matter based upon the filing of formal charges by the Office of Disciplinary Counsel (“ODC”) against Brad Allen Guillory (“Respondent”), Louisiana... [Author: Legal Profession Prof]
Tags: Law, Louisiana, Legal Profession Prof, Bar Discipline & Process, Office of Disciplinary Counsel, Louisiana Attorney Disciplinary Board, Brad Allen Guillory

Texas' George Floyd Act introduced: Omnibus bill tackles qualified immunity, use of force, duty to intervene, and related topics

Rep. Senfronia Thompson State Rep. Senfronia Thompson has filed Texas' version of the George Floyd Act. The bill number is HB 88. The legislation includes a new cause of action under state law for civil-rights violations, but eschewing the "qualified immunity" loophole created by federal judges in 1982.The bill also creates statewide use-of-force and duty-to-intervene standards; requires departments to have a written, "progressive" disciplinary matrix; limits arrests for Class C misdemeanors;...
Tags: Texas, Law, Thompson, Floyd, Kyle, Gritsforbreakfast, Senfronia Thompson, Texas Legislative Black Caucus, George Floyd, Houston PD Det Gerald Goines

AALS announces winners of this year's Scholarly Paper Competition

The winner is "Distributing Civil Justice" by Matthew A. Shapiro (Rutgers). Honorable mention went to: "The Case for Abolition of Criminal Confessions" by Guha Krishnamurthi... [Author: Brian Leiter]
Tags: Law, Brian Leiter, AALS, Matthew A Shapiro Rutgers Honorable, Guha Krishnamurthi

Baker McKenzie : Content is Our Conversation With Clients and Audience

Content for lawyers is the currency of engagement. Content is not the end goal. Leah Schloss, Baker McKenzie’s associate director for North Americancommunications, as part of Baker’s being recognized as the leading law firm in Good2bSocial’s The Social Law Firm Index shared: We want our content to resonate with people. We don’t want to put out content that people aren’t engaging with. The content we put out there is for our clients and what they say they need from us. We think of our co...
Tags: Law, Uncategorized, Baker, Baker McKenzie, Schloss, Leah Schloss Baker McKenzie, North Americancommunications

At the Milkweed Café...

  ... you can talk about whatever you want. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Plants, Sunrise, Lake Mendota, Ann Althouse

Argument analysis: ACA seems likely to survive, but on what ground?

After roughly two hours of oral argument in the Supreme Court on Tuesday, it appeared likely that the Affordable Care Act will survive yet another effort in the courts to dismantle it. Although there may be five votes to strike down the ACA’s individual mandate – the provision in the law that directs virtually all Americans to buy health insurance – a majority of the court in California v. Texas seemed to agree with the ACA’s defenders that even if the mandate is unconstitutional, the rest of th...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, House, House Of Representatives, ACA, Medicaid, Wall, Irs, Trump, Thomas, Hurley, Sonia Sotomayor

Argument analysis: Two paths forward in lawsuit alleging unconstitutional police violence

Patrick Jaicomo of the Institute for Justice argues by phone for James King (Art Lien) While assigned to an FBI task force, Officers Douglas Brownback and Todd Allen mistakenly assumed James King might be a home invasion suspect. They stopped King, and when King put up a struggle, the officers pummeled him. King filed suit alleging claims against the officers under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics­ — which allows individuals to sue federal officials for violati...
Tags: Featured, Supreme Court, Law, Congress, Fbi, United States, King, Thomas, James King, Sonia Sotomayor, John Roberts, Institute for Justice, Brownback, U S Court of Appeals, Sotomayor, Stephen Breyer

The Real Problem With All These Election Lawuits — See Also

GOP Plays The Long Game: It's not about this election, it's about the next 50 years of elections. The Latest In Election Litigation: Yes, the cases are still trash. And Even Jones Day's Own Lawyers Know It: Though they'll only say so anonymously. Jones Day To Experience Consequences For Their Representations: Jones Day, meet the Lincoln Project. Even Fox News Has Had Enough: They cut off Kayleigh McEnany's lies.
Tags: Law, Gop, Kayleigh McEnany, See Also, Lincoln Project Even Fox News Has

"The Era of That's Not Funny."

  It's a podcast. Topics: "Biden’s historian and the soul of America; Trump appeals to Hispanic voters; Republicans won’t tell Trump to stand down; murder defendant kills himself; Joy Reid’s gaffe; Mick Jagger’s sarcasm; Anthony Burgess trashes Adrienne Rich’s apartment; Mike Pompeo cracks a joke." [Author: [email protected] (Ann Althouse)]
Tags: Podcast, Law, America, Mick Jagger, Anthony Burgess, Biden, Trump, Adrienne Rich, Mike Pompeo, Ann Althouse, Joy Reid

White Men Continue To Do Very Well For Themselves At Biglaw Firms

Not surprising -- white men are still the driving force in Biglaw.
Tags: Law, Diversity, Biglaw, Trivia Question of the Day, The Jabot, Biglaw Firms

Masa Son Making Money, Art Once Again

One good quarter and he’s back on the attack.
Tags: Law, Finance

Jones Day To Prepare For A Bad PR Campaign The Likes Of Which They’ve Never Seen Before

Their clients can also expect an onslaught.
Tags: Law, General Motors, Biglaw, Jones Day, Lincoln Project

Fox News Stops Kayleigh McEnany From Peddling Election Fraud Fibs By Cutting Off Her Press Conference

A bold move for Trump's most treasured cable news network.
Tags: Law, Government, Fox News, Trump, Quote Of The Day, Election 2020, Kayleigh McEnany, Election Law

How to Get Diversity from Your Law Firms in One Easy Step

The Answer: Pay for it. Recently I saw a marketing email from a company that sells its services to in-house legal departments. It was titled something like “Steps to Improve Diversity.” To be honest – I didn’t read it. However, this topic has been top-of-mind for me for some time now so it generated this post. More and more clients are implementing Diversity and Inclusion (D&I) programs in order to get their firms to not only hire diverse lawyers, but also to make sure they are engaged on that ...
Tags: Law, Uncategorized

John Roberts Will Save The ACA By Rejecting His Own Reasoning For Killing Voting Rights

There is simply no intellectual honesty here at all.
Tags: Supreme Court, Law, Courts, ACA, John Roberts, Health Care / Medicine

Federal Circuit Usurps Judge Albright’s Judicial Power

by Dennis Crouch In re Apple (Fed. Cir. 2020) The Federal Circuit has granted Apple’s petition for writ of mandamus and ordered the infringement lawsuit against the tech-giant be moved from W.D. Texas (Waco) to N.D. Cal. — finding that the company’s convenience is paramount.  The majority opinion was written by Chief Judge Prost and joined by Judge Hughes.  Judge Moore wrote in dissent.  Judge Albright was the W.D. Tex. Judge who had refused to transfer the case. 28 U.S.C. § 1404(a) (partially) ...
Tags: Apple, Law, Congress, Court, Volkswagen, Patent, Moore, Albright, Hughes, Northern District of California, Federal Circuit, 5th Circuit, Prost, Dennis Crouch, Apple Fed, Uniloc

3 IP Takeaways From The 2020 LF Dealmakers Forum

Flush with funds as institutional investors look to litigation funders as a noncorrelated play, funders are also enjoying an insatiable demand from law firms and claim holders for their attention.
Tags: Law, Intellectual Property, Gaston Kroub, LF Dealmakers Forum

Even Jones Day Lawyers Are Giving Trump’s Election Lawsuits Some Serious Side Eye

The chances of the courts coming to save Trump's presidency are pretty slim, but there's still harm being done.
Tags: Law, Uncategorized, Donald Trump, Biglaw, Trump, Election 2020, Porter Wright, Jones Day

Should we want Congress to try to limit the President's pardon power?

The question in the title of this post is prompted by this notable new New York Times op-ed By Jack Goldsmith.  The full title of this piece highlight its main points: "Trump Loves to Use the Pardon Power. Is He Next? There is little to be done right now about the president’s self-serving ways, but Congress can limit future abuses." Here are excerpts: President Trump has abused the pardon power like none of his predecessors. But we likely ain’t seen nothing yet. Now that he has lost the electio...
Tags: Supreme Court, Law, Congress, Defense, Iran, New York Times, Bill Clinton, Arizona, Manhattan, Joe Arpaio, Justice Department, Trump, Bush, Roger Stone, Goldsmith, George H W Bush

An Open Letter To ‘Liberal’ Law Professors

Are you Liberal? I’m not convinced just because you voted for Biden.
Tags: Law, Joe Biden, Donald Trump, Law Schools, Law Professors, LawProfBlawg, Diversity and Inclusion

A Case Management Platform For The Pandemic Era [Sponsored]

MyCase adds a trio of new features to meet the legal industry’s changing demands. 
Tags: Technology, Law, Sponsored Content, MyCase, Law Practice Management

Trump Is Not Attempting A 2021 Coup, But Republicans Are Working On One For The Next Decade

Trump's posturing is a sideshow right now, but it's about to be the centerpiece of dangerous new state legislation.
Tags: Law, Government, Joe Biden, Donald Trump, Trump, Election Law

Copyright Plaintiffs Can’t Figure Out What Copyrights They Own, Court Says ¯\_(ツ)_/¯

This is one of several cases where major copyright owners are trying to punish Internet access providers (IAPs) for alleged infringements by their subscribers. Earlier this year, the court refused to dismiss the lawsuit in an opinion I described as “UGH.” These lawsuits against IAPs are problematic for many reasons, including the failure of 512(a), the danger of assuming that notices of claimed infringements (NOCIs) actually reflect infringing behavior, and the mismatch between the wrongdoing o...
Tags: Amazon, Law, Youtube, Copyright, Johnson, Smith, Crossfit, Vodka, Usc, Viacom, Automattic, Shropshire, Umg, Dod, Amaretto, Hawks

Biglaw Bonus Season Is Here, But Which Firm Will Make The First Move?

Pandemic be damned -- you still need to meet your hours to make bank.
Tags: Money, Law, Bonuses, Biglaw, Associate Bonus Watch 2020

Trump ‘Terminated’ Esper; Former White House Counterterror Official Takes Over

After months of speculation, Esper meets the fate of so many other officials over the past four years and is fired by Tweet.
Tags: Law, Government, Esper, Trump, Military / Military Law, Former White House

Track Night In America

The Pennsylvania Supreme Court has accepted and imposed a consent year and a day suspension. The attorney drove his personal vehicle Subaru WRX on "Track Night in America" night at the Pittsburgh International Racing Complex in Wampum Pa. He hit... [Author: Legal Profession Prof]
Tags: Law, America, Pennsylvania Supreme Court, Subaru WRX, Legal Profession Prof, Bar Discipline & Process, Pittsburgh International Racing Complex

Making An Impression

The Wisconsin Supreme Court ordered a two-year suspension of an attorney Attorney Scholz's misconduct reflects a callous disregard for the rights of the opposing party, and his fundamental obligation as an officer of the court to honor and obey circuit... [Author: Legal Profession Prof]
Tags: Law, Billable Hours, Wisconsin Supreme Court, Scholz, Legal Profession Prof

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