Wed.Nov 22, 2023

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The MPF Resurrection: Still Waiting for a Miracle?

Patently O

by Dennis Crouch I have been thinking about the potential rise in the use of means-plus-function (MPF) claims as a reaction to indefiniteness cases such as Williamson v. Citrix as well as pressure from other doctrines, including enablement, written description, and eligibility. But, my preliminary data show that the foretold rise has not yet come. As the chart above illustrates, MPF claims continue their descent into obscurity, with no sign from the preliminary data of rising from the grave an

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Oregon judge blocks gun control law for being unconstitutional

JURIST

An Oregon county judge blocked Oregon Ballot Measure 114 (BM 114), Oregon’s gun control law, from taking effect on Tuesday. The court found that the ballot measure violated the state constitution , despite a previous federal court ruling finding that the measure complied with the US Constitution’s Second Amendment. The court found that two provisions of BM 114, the “permit-to-purchase scheme” and the high capacity magazine ban, were facially unconstitutional.

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Sacramento County Eviction Process with LDA Pro Legal

LDA PRO

The eviction process is a legal procedure that landlords may need to navigate to regain possession of their property. In Sacramento County, this process comes with its own set of rules and intricacies. In this extensive guide by LDA Pro Legal, we will unravel the Sacramento County eviction process, emphasizing key details, legal considerations, and the vital role of our services, including probate paralegal services and access to paralegals for hire.

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US appeals court strikes down part of Maryland gun law that requires a ‘firearms safety training course’ before purchase

JURIST

The US Court of Appeals for the Fourth Circuit struck down part of Maryland’s Firearm Safety Act of 2013 , which the Maryland General Assembly passed in response to the 2012 Sandy Hook mass shooting. This decision partially reverses a decision from the US District Court for the District of Maryland at Baltimore. Following oral arguments , Circuit Judge Julius Richardson authored the majority opinion of the three-judge panel.

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Trial Prep: What Attorneys Really Want (And How to Deliver It)

Speaker: Joe Stephens, J.D., Attorney and Law Professor

Get ready to uncover what attorneys really need from you when it comes to trial prep in this new webinar! Attorney and law professor, Joe Stephens, J.D., will share proven techniques for anticipating attorney needs, organizing critical documents, and transforming complex information into compelling case presentations. Key Learning Objectives: Organization That Makes Sense 🎯 Learn how to structure and organize case materials in ways that align with how attorneys actually work and think.

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Stephen Miller COINCIDENTALLY Lodges Complaint Against Macy’s On The One Week A Year When People Google ‘Macy’s’

Above The Law

Non-lawyer Stephen Miller times another legal action for maximum publicity (and fundraising)! The post Stephen Miller COINCIDENTALLY Lodges Complaint Against Macy’s On The One Week A Year When People Google ‘Macy’s’ appeared first on Above the Law.

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“It’s Not So Hard to Write an Opinion Following Bruen and Reversing in Rahimi”

HowAppealing

“It’s Not So Hard to Write an Opinion Following Bruen and Reversing in Rahimi ”: Will Baude has this post at “The Volokh Conspiracy.” The post “It’s Not So Hard to Write an Opinion Following Bruen and Reversing in Rahimi” appeared first on How Appealing.

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Azerbaijan arrests journalists following reports of presidential and governmental corruption

JURIST

Azerbaijan arrested the editor-in-chief Sevinj Vagifgizi and director Ulvi Hasanli of the privately-owned independent Abzas Media. The Committee to Protect Journalists (CPJ) has called for the release of the journalists and asked that Azerbaijan authorities “allow Abzas Media to continue its vital public interest reporting.” Azerbaijan police detained Hasanli on Monday and then searched his apartment and Abzas’s Baku office.

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“Clarence Thomas has a beef with bellwether trials in mass tort cases”

HowAppealing

“Clarence Thomas has a beef with bellwether trials in mass tort cases”: Alison Frankel’s “On the Case” from Reuters has this post. The post “Clarence Thomas has a beef with bellwether trials in mass tort cases” appeared first on How Appealing.

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Pakistani court declares Imran Khan jail trial illegal

JURIST

A Pakistani court declared on Tuesday that the jail trial of former Prime Minister Imran Khan on charges of leaking state secrets is illegal, according to Khan’s lawyer Naeem Panjutha.”The proceedings and the trial conducted in jail premises in a manner that cannot be termed as an open trial stand vitiated,” Panjutha said, quoting the Islamabad High Court order.

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Less Stress, More Success: Accounting Best Practices & Processes for 2025

Speaker: Duke Heninger, Partner and Fractional CFO at Ampleo & Creator of CFO System

Are you ready to elevate your accounting processes for 2025? 🚀 Join us for an exclusive webinar led by Duke Heninger, a seasoned fractional CFO and CPA passionate about transforming back-office operations for finance teams. This session will cover critical best practices and process improvements tailored specifically for accounting professionals.

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“‘Foreign cyberattack’ stole data from courts in ‘assault on the Kansas system of justice’”

HowAppealing

“‘Foreign cyberattack’ stole data from courts in ‘assault on the Kansas system of justice’”: Jason Alatidd of The Topeka Capital-Journal has this report. Daniel Desrochers of The Kansas City Star reports that “ Foreign cyberattack stole residents’ sensitive information from Kansas court system.” And Tim Carpenter of Kansas Reflector reports that “ Kansas court officials confirm details of ‘evil, criminal’ international cyberattack; Preliminary asse

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Russia places Ukraine singer on wanted list

JURIST

Russia placed Ukrainian singer Jamala on a wanted list Monday based on an undisclosed criminal charge. As reported by Mediazona, Susana Jamaladinova, known as Jamala, was added to the Russian Ministry of Internal Affairs wanted database in October and was arrested this month in absentia, meaning that Jamala was not physically present when the arrest warrant was issued.

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“Pa. High Court Rejects ‘Percentage of Revenue’ Venue Defense; The ruling is “one of if not the most impactful venue decisions in the last 20 years,” said Robert Mongeluzzi, a partner at Saltz Mongeluzzi Bendesky, who represented the plaintiffs”

HowAppealing

“Pa. High Court Rejects ‘Percentage of Revenue’ Venue Defense; The ruling is ‘one of if not the most impactful venue decisions in the last 20 years,’ said Robert Mongeluzzi, a partner at Saltz Mongeluzzi Bendesky, who represented the plaintiffs”: Aleeza Furman of The Legal Intelligencer has this report on a case in which I serve as appellate counsel for the plaintiffs.

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The Briefing: Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?

The IP Law Blog

The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here. Read Eric’s article about this case here.

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Paralegal Power Move: Your Guide to Getting the Tech Tools That Maximize Your Time

Your time is valuable—and you know the right technology could help you do even more. From document management to client communication, modern tools can transform how you track deadlines, manage cases, and support your legal team. This practical playbook shows you how to: Compare and evaluate technology vendors Understand all costs and ROI potential Build a compelling presentation Handle common objections Pitch your solution like a pro Created by legal technology experts who understand how pivota

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No Really — *This* Has To Be The Worst Law Of Them All

Above The Law

We need *your* help to find the absolute dumbest law of all. The post No Really — *This* Has To Be The Worst Law Of Them All appeared first on Above the Law.

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Why Shadow AI is a Problem for Law Firms

ALPS

Remember Shadow IT? Well say 'hello' to its pal, Shadow AI There were plenty of articles written about Shadow IT — defined by Cisco as “the use of IT-related hardware or software by a department or individual without the knowledge of the IT or security group within the organization,” Shadow IT included cloud services, software, and hardware.

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Everyone Should Be Grateful For Courtroom Sketch Artists

Above The Law

A courtroom sketch artist can strike a delicate balance between publishing what happens in court and protecting the proceedings from the negative consequences of photographing or video recording. The post Everyone Should Be Grateful For Courtroom Sketch Artists appeared first on Above the Law.

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Binance Atty Behind Plea Deal Knows Crypto Prosecutions Well

Law 360

To represent it in its landmark plea hearing in federal court Tuesday, cryptocurrency giant Binance Holdings Ltd. chose a deputy general counsel who once prosecuted crypto crimes aggressively but who also has expressed faith in the technology.

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Case Study: Maximize Client Compensation by Unlocking the Power of Diminished Value

Your auto accident clients don’t realize that they have lost value in their vehicle because the insurance company covered their repairs and gave them a rental to drive until their vehicle was “brand new.” When they realize that loss in value is when they go to trade or sell their car.

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Yes, A Lawyer Ruined Thanksgiving Dinner

Above The Law

Or made it -- depending on your thoughts on jiggly canned cranberry sauce. The post Yes, A Lawyer Ruined Thanksgiving Dinner appeared first on Above the Law.

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Memory of a Braid

ABA Journal

The ABA Journal is read by half of the nation's 1 million lawyers every month. It covers the trends, people and finances of the legal profession from Wall Street to Main Street to Pennsylvania Avenue.

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Where Are The Bonuses? — See Also

Above The Law

Firms Are Acting Scroogey: Be more like Milbank and share the wealth ! Perfect Timing: This Stephen Miller suit feels like it has some SEO behind it. 'Tis The Season: A little help on what to buy that lawyer in your life never hurt. Which Law Is The Worst One?: Not rhetorical -- send in your submissions ! The More The Merrier: Make sure you RSVP for the Above the Law holiday party !

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US Chamber Backs Live Nation Arbitration Appeal To 9th Circ.

Law 360

The U.S. Chamber of Commerce told the Ninth Circuit it supports Live Nation Entertainment Inc. and Ticketmaster LLC in their appeal of a court order refusing to send proposed class action claims against them to arbitration, saying the flawed ruling threatens arbitration benefits for businesses and customers alike.

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Deposition Prep Like a Pro: Insights from a Paralegals Playbook

Speaker: Kaitlyn "The Persnickety Paralegal" Story

Deposition preparation is a critical aspect of a paralegal's role, requiring meticulous attention to detail and proactive management of the case timeline. In this session, participants will explore how effective deposition preparation not only contributes to the success of the legal team but also helps maintain a balanced workflow, minimizing last-minute crises.

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Top 20 Biglaw Firm Achieves Greatness, Takes Home Grand Prize Award For Law Firm Of The Year

Above The Law

Which law firm was bestowed with the honor of being named law firm of the year for 2023? The post Top 20 Biglaw Firm Achieves Greatness, Takes Home Grand Prize Award For Law Firm Of The Year appeared first on Above the Law.

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BofA, JPMorgan, 9 Other Banks Face Data Security Patent Suits

Law 360

A data security firm has slapped JPMorgan Chase, Bank of America and nine others with separate patent actions in Texas federal court, claiming they ripped off its pioneering inventions that follow the "Sheltered Harbor" industry standards for banks to protect critical information and recover from cyberattacks.

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Desperately Seeking A Milbank Match: When Will The Waiting Game End?

Above The Law

Biglaw firms are busy biding their time as they wait for someone else to make the first move on bonuses and raises -- and associates are tired of waiting. The post Desperately Seeking A Milbank Match: When Will The Waiting Game End? appeared first on Above the Law.

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The morning read for Wednesday, November 22

SCOTUSBlog

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. We will be off on Thursday and Friday this week for the holiday. Here’s the Wednesday morning read: The Supreme Court’s Self-Excusing Ethics Code (Jeannie Suk Gersen, The New Yorker) Voting Rights Ruling Follows US Supreme Court ‘Bat Signal’ (Jacqueline Thomsen & Suzanne Monyak, Bloomberg Law) A Reversal in Rahimi Will Be Tougher to Write Than Critics Admit (Josh

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Pricing for Profit: How to Set, Negotiate, and Succeed

Speaker: Igli Laci, Strategic Finance Leader

In today’s competitive market, pricing is more than just a number — it’s the cornerstone of profitability. The right pricing strategy ensures that you capture the true value of your offering, paving the way for sustainable growth and long-term success. Join Igli Laci, Strategic Finance Leader, in this exclusive session where he will explore how a well-crafted pricing approach balances customer perception with business objectives, creating a powerful tool for securing both competitive advantage a