Sat.Dec 26, 2020 - Fri.Jan 01, 2021

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Chinese court sentences COVID-19 whistleblower to four years in prison

JURIST

Rights organizations decried the four year prison sentence handed down to Zhang Zhan, a citizen-journalist, by a Chinese court on Monday. She was found guilty of “picking quarrels and provoking trouble,” charges sometimes used by authorities to quell dissent. Zhang, a 37-year-old former lawyer, had reported on the COVID-19 outbreak in Wuhan beginning in February.

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Court of Appeals of Texas Finds Judge Didn't Need to Declare a Mistrial After Spectator Shouted "That's All Lies" During Defense Counsel's Opening Statement

EvidenceProf Blog

Assume that a defendant is charged with murder. Further, assume that, during defense counsel's opening statement, a spectator in the courtroom yells, “That's all lies!” Does the judge need to declare a mistrial, or will a curative instruction suffice? That.

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Discover Bank and The Student Loan Corporation to Refund Millions to Consumers

Diane Drain

CFPB Settles with Discover Bank, the Student Loan Corporation and Discover Products for violating a consent order and other unlawful practices. December 22, 2020 Consumer Financial Protection Bureau issued a consent order that Discover must pay at least $10 million to consumers, and $25 million as a penalty for their unfair acts and practices. Below is a reprint of the CFPB’s announcement and Order.

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Guyana: A First Step Towards Climate Litigation

ClimateChange-ClimateLaw

Georgetown, Capital of Guyana (Credit: amanderson2 ). By Melinda Janki*. In a climate litigation win, the High Court of the Supreme Court of Guyana accepted a settlement between a scientist, the Environmental Protection Agency (EPA) of Guyana, and Esso (a subsidiary of ExxonMobil) to limit the company’s environmental permits to produce oil from more than 23 years to five years.

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6 Contract Data Analytics Tools To Boost Contract Oversight

Analyzing contract trends with manual contract management is like sifting through a pile of papers in a dimly lit room, trying to find clues manually. Advanced CLM software’s contract data analytics, on the other hand, is like having an AI-based, intelligent magnifying glass that not only highlights key clues but also connects the dots for you. With innovative, AI-powered contract data analytics, you can solve the mystery of trends faster and with greater accuracy, making informed decisions base

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Russia passes laws to restrict US social media influence

JURIST

According to Reuters, Russian President Vladimir Putin signed multiple laws Monday to restrict the influence of US social media companies, like YouTube, Facebook, and Twitter. The first law signed allows for Russia to block internet sites that allegedly discriminate against Russian media, while the second law imposes a substantial fine for social media companies that fail to remove content banned by Russia.

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What it’s like to argue before the Supreme Court during COVID-19

ABA Journal

Jeffrey L. Fisher has argued more than 40 U.S. Supreme Court cases, and he relies heavily on the justices’ body language during arguments.

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Lawsuit: Nevada Mom Says Charter School Forced Her Biracial Son to Claim “White Privilege”

LegalReader

The lawsuit suggests that William Clark--who is biracial--was singled out for privilege checks because of his White appearance.

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LDS Church sued in Arizona for alleged role in Boy Scouts sexual abuse

JURIST

Seven lawsuits were filed Monday in Arizona against The Church of Jesus Christ of Latter-day Saints (LDS Church) for allegedly covering up sexual abuse in church-sponsored Boy Scouts of America (BSA) troops. The allegations span more than 30 years, ranging from 1972 to 2009. The lawsuits claim that church officials were told about instances of abuse but did not report them to law enforcement.

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7th Circuit Finds Jury Coercion When Juror Said During Post-Verdict Polling That He Was "Forced Into" Voting Guilty

EvidenceProf Blog

It is well established that “Any criminal defendant.being tried by a jury is entitled to the uncoerced verdict of that body.”.Impermissible coercion occurs “when jurors surrender their honest opinions for the mere purpose of returning a verdict.” United States v.

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The Tech-Savvy Paralegals Playbook: How To Leverage AI

Speaker: Allison Mears, Adela Wekselblatt, and George Socha

Artificial intelligence is reshaping the legal industry, and paralegals are at the forefront of this transformation. As AI becomes more integrated into legal workflows, paralegals can streamline their daily tasks, enhance efficiency, and add greater value to their firms and organizations. But what exactly does AI mean for paralegals today—and how can you leverage it to your advantage?

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Child Custody laws in California

LDA PRO

The presence of both the mother and father is crucial in a child’s life. But if things do not go as planned, and the issue of joint custody arises, the custody laws decide the outcome. Every parent has an equal right to the custody of the child even after separation. Joint custody is usually granted if both the parents have proved to be dutiful. In California, custody laws require the child to have frequent contact with both parents.

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Talking Points: Cloud Software Delivers Unprecedented Interoperability

NCBA Law Practice Management Blog

Most law firm data and information is ‘siloed’. What I mean by that is that most law firm software is not able to ‘talk’ to each other. In other words, data cannot be effectively pushed into or out of systems. This is most always true of premise-based systems. But, it can also be the case with cloud-based software s , which can be directly connected, but is often not linked by law firms.

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India extends restrictions on high speed internet in Jammu and Kashmir

JURIST

The government in the Indian union territory of Jammu and Kashmir issued an order Friday extending the suspension of high-speed 4G internet services until January 8 across the union territory excluding the districts of Ganderbal and Udhampur, citing post-election unrest and border infiltration. The government said it received credible reports concerning terrorists attempting to infiltrate from across the border.

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Supreme Court of Illinois Finds Defendants Who Pleaded Guilty Can Bring Freestanding Claims of Actual Innocence

EvidenceProf Blog

Illinois and a number of other states allow for a convicted defendant to bring a freestanding claim of actual innocence. The issue that has divided the states is whether such a claim can only be made by defendants convicted after.

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Excellence in Trial: A Strategic Guide for Modern Paralegals

Modern trial practice has evolved beyond basic organization. With technology reshaping courtrooms and attorneys expecting more than ever, paralegals need to elevate their capabilities while mastering the fundamentals of trial excellence. This comprehensive guide from Steno, built from author Joe Stephens' real-world experience as both a practicing attorney and law professor, provides a blueprint for delivering exceptional trial support in today's complex legal environment.

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Federal Circuit: User Experience is not Computer Functionality

Patently O

by Dennis Crouch. Simio, LLC v. FlexSim Software ( Fed. Cir. 2020 ) (opinion by Chief Judge Prost and joined by Judges Clevenger and Stoll). In this case, the Federal Circuit has affirmed the lower court’s summary dismissal of Simio’s infringement lawsuit on eligibility grounds. The appellate panel also upheld the lower court’s refusal to permit the patentee to amend its complaint — seeing the proposed amendment as “futile.” Dennis Pegden has received many aw

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Raise Up: Law Firms Should Increase Rates Annually

NCBA Law Practice Management Blog

The chief method for law firm business management is inertia, largely. That means you can pretty much default to lawyers doing nothing, rather than something, anything. That, of course, extends to financial management. Lawyers tend to run up accounts receivable, because they don’t bill regularly. They never run revenue projections, either; so , they can’t build to specific financial goals.

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China lowers age of criminal responsibility to 12, introduces stricter criminal punishment for IP infringement

JURIST

According to China Daily , China will now hold children as young as 12 years old criminally liable for crimes deemed “abominable.” The Standing Committee of the National People’s Congress ( NPC ) on Saturday also introduced punishment for intellectual property infringement that could lead to 10 years in prison. The Standing Committee said an “abominable” crime would occur. if a person who has reached 12 years of age but not 14 commits intentional homicide, intentio

Legal 211
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The Difference Between Federal & Texas Rule of Evidence 609(e)

EvidenceProf Blog

Federal Rule of Evidence 609(e) states that A conviction that satisfies this rule is admissible even if an appeal is pending. Evidence of the pendency is also admissible. Conversely, Texas Rule of Evidence 609(e) states that A conviction for which.

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Transform Your E-Learning: Download the Ultimate Localization Use Case!

Uncover the secret to breaking language barriers and expanding your e-learning reach! This powerful use case reveals how Cesco Linguistic Services transformed 19 training modules for the Colorado Department of Early Childhood into culturally relevant courses in Arabic and Spanish—delivered on time and exceeding expectations. Learn how to localize your content seamlessly, avoid costly pitfalls, and connect with diverse audiences like never before.

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“Supreme Court’s New Supermajority: What It Means For Roe v. Wade.”

HowAppealing

“Supreme Court’s New Supermajority: What It Means For Roe v. Wade.” Nina Totenberg of NPR has this report.

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Toothbrush walks into a bar

Patently O

by Dennis Crouch. Maxill, Inc. v. Loops, LLC (Fed. Cir. 2020)f [ Maxill v. Loops ]. The Loops patent covers a flexible toothbrush — and the claims require “an elongated body being flexible throughout the elongated body.” US8448285 (Claim 1). Apparently, these brushes are sold primarily to “institutional” settings such as prisons.

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Montenegro amends allegedly anti-Serbian law on freedom of religion amid protests

JURIST

The Parliament of Montenegro Tuesday amended parts of the Law on Freedom of Religion or Belief and the Legal Status of Religious Communities that related to property and were allegedly anti-Serbian. The option of nationalizing church property has now been removed. Thousands of Montenegro nationals had taken to the streets of the capital Podgorica in protest to the amendments, accusing lawmakers of treason with chants like, “t his is not Serbia,” while also calling the lawmakers R

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Supreme Court of Oregon Finds Jury Instructions Allowing for Nonunanimous Verdicts Are (Harmless) Error

EvidenceProf Blog

In Ramos v. Louisiana, the Supreme Court held that "if the Sixth Amendment’s right to a jury trial requires a unanimous verdict to support a conviction in federal court, it requires no less in state court." In State v.

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Uncovering The Hidden Connections: A Patent Family Survival Guide

Speaker: Andrew Klein

Are there mysteries lurking in your family tree? 🕵 No, not a long-lost half-brother - I'm talking about a patent family tree! IP paralegals need fast and easy ways to verify and report on essential data about foreign equivalents of US assets. Join us to master the global scope of key assets to support prosecution, portfolio management, litigation, licensing, competitive monitoring and more!

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Top 5 legal technology stories of 2020

LLRX

Nicole L. Black discusses the wide ranging effects on the legal technology space from the pandemic across all corners of the legal technology world. The shift to remote work had a dramatic impact on both the practice of law and the business of law, resulting in the rapid—and singularly remarkable—adoption of technology at rates never before seen. In some cases, the transition was a smooth one, and in others, it was a spectacular disaster.

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Chemerinsky: Predicting the Supreme Court in 2021 may be dangerous and futile

ABA Journal

At the end of 2019, I attempted to look ahead to what to expect in the U.S. Supreme Court in 2020.

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Zimbabwe Court rules national pledge is unconstitutional

JURIST

The Constitutional Court of Zimbabwe on Monday ruled that the country’s national pledge was an unconstitutional violation of school children’s right to freedom of conscience and parental rights. The court’s decision comes four years after Mathew Sogolani applied to the court on the basis of the national pledge’s unconstitutionality.

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Is Rule 106 a Rule of Timing or a Rule of Admissibility?

EvidenceProf Blog

Federal Rule of Evidence 106 states that If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part — or any other writing or.

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AI for Paralegals: Everything You Need to Know (and How to Use It Safely)

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

Ready to cut through the AI hype and learn exactly how to use these tools in your legal work? Join this webinar to get practical guidance from attorney and AI legal expert, Joe Stephens, who understands what really matters for legal professionals! What You'll Learn: Evaluate AI Tools Like a Pro 🔍 Learn which tools are worth your time and how to spot potential security and ethics risks before they become problems.