June, 2024

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New Legal Ethics Opinion Cautions Lawyers: You ‘Must Be Proficient’ In the Use of Generative AI

Law Sites

A new legal ethics opinion on the use of generative AI in law practice makes one point very clear: lawyers are required to maintain competence across all technological means relevant to their practices, and that includes the use of generative AI.

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The Most Important Thing About Being a Less-Than-Full-Time Lawyer

Attorney at Work

Susan Cohodes | I am ready to be friends with my new role as less than a full-time lawyer. The post The Most Important Thing About Being a Less-Than-Full-Time Lawyer appeared first on Articles, Tips and Tech for Law Firms and Lawyers.

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Joining The Club

The 10b-5 Daily

In Kolominsky v. Root, Inc. , 2024 WL 1854474 (6th Cir. April 29, 2024) , the plaintiffs brought claims under Section 10(b) of the Exchange Act (securities fraud) and Sections 11 and 12(a)(2) of the Securities Act (misstatements in registration statements and offerings) related to alleged misstatements about the company’s purportedly low customer-acquisition cost.

Pleadings 187
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Gen Z Reportedly Moving to Social Media for Information Instead of Traditional Search Engines

E-Discovery LLC

Katherin Haan reported in Is Social Media The New Google? Gen Z Turn To Google 25% Less Than Gen X When Searching – Forbes Advisor (May 31, 2024), that a recent study by Forbes and Talker Research “reveal[ed] that people have changed how they engage with both content and commerce online.” Forbes wrote: There’s a significant movement towards using social media platforms for more than just social interactions ; platforms such as TikTok and Facebook Marketplace have become vital search and shoppin

Discovery 130
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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.

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Publishing Companies Say Google is Liable for Promoting Pirated Textbooks

IP Watchdog

Several major educational publishing companies, including Macmillan, Elsevier and McGraw Hill, have sued Google in a New York district court alleging contributory and vicarious copyright infringement, trademark infringement and violations of New York’s General Business Law. The companies claim that Google’s search engine is facilitating infringement by promoting pirate sites that sell heavily discounted versions of educational textbooks.

Education 145
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A Death Row Prisoner’s Parting Interview

The Marshall Project

Days before his scheduled execution in Texas, Ramiro Gonzales speaks on faith, legacy — and apologizing to the family of his victim, Bridget Townsend.

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Law Firm Intake: Save Time and Convert More Clients With These 3 Tips

Attorney at Work

Intake is most important process in your law firm. Here are three top tips for improving it. The post Law Firm Intake: Save Time and Convert More Clients With These 3 Tips appeared first on Articles, Tips and Tech for Law Firms and Lawyers.

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ANOTHER BLOG FROM THE PAST: THE DIFFERENCE BETWEEN “EVIDENCE” AND “SUBMISSIONS”: A PROBLEM THAT PERSISTS TODAY

Civil Litigation Brief

As part of the 11th anniversary process I am looking at a blog that was written in June 2014. “WITNESS STATEMENTS ARE FOR FACTS: KNOWING THE DIFFERENCE BETWEEN EVIDENCE AND SUBMISSIONS (AND WHY IT MATTERS)” It is very interesting to.

Evidence 119
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Geofence Search Warrant Held Valid

E-Discovery LLC

County police officers were investigating a theft of farm equipment. They applied for a “geofence warrant” to be served on Google: “A geofence warrant authorizes the seizure of location data collected from smartphones of individuals within a particular area over a specified range of time.” United States v. Rhine , 652 F. Supp. 3d 38, 66 (D.D.C. 2023).

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Chevron is Out: SCOTUS Says Doctrine Flouts APA, Dissent Accuses Colleagues of ‘Judicial Hubris’

IP Watchdog

The U.S. Supreme Court today issued its opinion in Loper Bright Enterprises v. Raimondo, overruling the Court’s seminal case on administrative agency deference, Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. Chief Justice Roberts delivered the opinion of the Court and Justices Kagan, Sotomayor and Jackson dissented.

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Stay On Top of Newly Filed State & Federal Litigation: Curated Just for You!

With Daily Filings Report by Trellis you will receive an email and csv file daily with all new cases filed in the jurisdictions you're tracking. Each new case will include all case metadata like judge, parties, counsel, practice area, and even direct links to the full docket and complaint. Trellis Daily Filings Reports provide direct access to newly filed state and federal litigation curated just for you.

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Serving Time for Their Abusers’ Crimes

The Marshall Project

The Marshall Project found nearly 100 people who were punished for the actions of their abusers under little-known laws like “accomplice liability.

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Every Lawyer In Texas Now Has Free Access to Smokeball’s Trust Accounting and Billing Software

Law Sites

Every lawyer in Texas is now eligible for free access to trust accounting and billing software, thanks to an exclusive partnership announced today between the State Bar of Texas and the law practice management company Smokeball.

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Three Tips for Becoming More Resilient

Attorney at Work

While there are many ways of increasing resilience, these three tips will help you to invest your time and energy well. The post Three Tips for Becoming More Resilient appeared first on Articles, Tips and Tech for Law Firms and Lawyers.

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SERVICE OF THE CLAIM FORM: ERRORS AND PROBLEMS 1: LEAVING SERVICE UNTIL THE LAST MINUTE AND THEN NOT SERVING PROPERLY (BY FAX OR DX)

Civil Litigation Brief

The judgment of Master Dagnall in Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2024] EWHC 1579 (KB) has so many important points in relation to service of the claim form I am looking at the case.

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Designation of “Work Product” Supports Inference of Intentional Spoliation

E-Discovery LLC

In Stuart v. County of Riverside , 2024 WL 3086634 (C.D. Cal. Jun 14, 2024), the assertion of work product protection in a privilege log supported an inference that the subsequent deletion of ESI was done with a culpable state of mind. “Work product” protection begins when material is prepared in anticipation of litigation. The duty to preserve is triggered when litigation is reasonably anticipated.

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USPTO Extends Deadline for AI Inventorship Comments as Some Criticize Pannu Factors

IP Watchdog

On June 6, the U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register announcing that the Office would be reopening the public comment period for the development of inventorship guidance surrounding inventions developed by artificial intelligence (AI) systems. Although the USPTO will continue to collect public comments until the middle of June, public comments received from patent industry stakeholders so far are largely urging the agency to adopt inventorship guidan

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Fifth Circuit Rejects Proposed AI Regulation for Legal Filings After Widespread Opposition

Complex Discovery

Editor’s Note: The United States Court of Appeals for the Fifth Circuit has chosen not to adopt a proposed amendment aimed at regulating the use of generative artificial intelligence (Gen AI) by attorneys. This ruling, following significant opposition from the legal community, underscores the complexities and challenges of integrating AI into legal practice.

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In Redo of Its Study, Stanford Finds Westlaw’s AI Hallucinates At Double the Rate of LexisNexis

Law Sites

Last week, I reported here that researchers at Stanford University planned to augment a study they released of generative AI legal research tools from LexisNexis and Thomson Reuters, in which it found that they deliver hallucinated results more often than the companies say in their marketing of the products.

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Client Conversations: You’re Not Bugging Your Clients If You’re Providing Value

Attorney at Work

Jay Harrington | Initiating client conversations positions you as a trusted advisor who is the “first phone call” when new legal needs arise. The post Client Conversations: You’re Not Bugging Your Clients If You’re Providing Value appeared first on Articles, Tips and Tech for Law Firms and Lawyers.

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Supreme Court deals big blow to federal agencies

Legal Dive

In a landmark ruling, the justices overturned a 40-year-old precedent and significantly reduced the power of federal agencies to interpret the laws they administer.

Precedent 109
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Do You Have to Ask an Opponent for a Privilege Log?

E-Discovery LLC

In Wagner v. Norcold, Inc., 2024 WL 2703015, at *3 (E.D. N. Car. May 24, 2024), plaintiffs claimed that defendants’ allegedly defective refrigerator had caused a destructive fire. They asserted that defendants had waived privileges “in the absence of a privilege log….” There were several other discovery disputes and the parties submitted emails, exhibits, and a declaration.

Discovery 130
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Recent Statistics Show PTAB Invalidation Rates Continue to Climb

IP Watchdog

The invalidation rate of patents in America Invents Act (AIA) proceedings, such as inter partes reviews (IPRs), has been high since the inception of the PTAB. Just one year into the AIA, Chief Judge Randall Rader famously referred to the PTAB as a “death squad” at the 2013 American Intellectual Property Law Association (AIPLA) annual meeting because the invalidation rate was so high.

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ComplexDiscovery Pricing Pulse Check: Summer 2024 Survey Invites eDiscovery Practitioner Insights

Complex Discovery

Editor’s Note: As we embark on another journey to explore eDiscovery pricing structures, ComplexDiscovery OÜ reaffirms its dedication to providing the industry with invaluable data through its Summer 2024 eDiscovery Pricing Survey. The insights gathered from this survey transcend mere numbers; they are reflections of the industry’s evolving landscape, narrated by the voices of those who navigate its challenges and opportunities daily.

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Is Gen AI Creating A Divide Among Law Firms Of Haves and Have Nots?

Law Sites

On Friday, I spoke to a group of trial lawyers on the use of generative AI in litigation. Many in the room were that increasingly rare breed of lawyer who actually go into court and try cases.

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How to Shake Hands in Two Easy Steps

Attorney at Work

Bull Garlington | All the worst handshakes and how to handle them. The post How to Shake Hands in Two Easy Steps appeared first on Articles, Tips and Tech for Law Firms and Lawyers.

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11th Cir. deals another blow to corporate DEI programs

Legal Dive

The federal appellate court ruled 2-1 that a competition designed to award grants to businesses owned by Black women likely violates federal civil rights law.

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When is Failure to Provide a Timely Privilege Log Excusable?

E-Discovery LLC

In Melton Properties, LLC v. Ill. Central R. Co., 2024 WL 3015749 at *5 (N.D. Miss. June 14, 2024), the court listed the factors to consider in deciding when the failure to provide a timely privilege log is – or is not – a waiver of the privilege. GENERALLY, FAILURE TO TIMELY PROVIDE A PRIVILEGE LOG MAY WAIVE PRIVILEGE It is well established that privilege may be waived if it was not timely asserted in a proper log.

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The Biotechnology Revolution: The Impact of the New WIPO Treaty on Genetic Resources

IP Watchdog

After 25 years of negotiations, representatives from various countries gathered at a diplomatic conference in Geneva, Switzerland, from May 13 to 24, 2024, resulting in the approval of this historic treaty. The main change brought by the treaty is the mandatory disclosure of the origin of genetic resources and associated traditional knowledge in patent applications.

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Apple Intelligence: High Demands but Higher Rewards

Complex Discovery

Editor’s Note: Apple’s latest unveiling at WWDC 2024 has generated significant buzz. Apple Intelligence, the company’s new on-device AI feature, is poised to revolutionize the way users interact with their devices. This article delves into the high demands and even higher rewards associated with this cutting-edge technology, offering insights into its potential impact on cybersecurity, information governance, and eDiscovery professionals.

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Building On Its Jurisage Merger, CiteRight Launches AI-Powered Tool For Litigators to Summarize and Synthesize Case Law

Law Sites

Last September, two litigation-focused Canadian legal technology companies, CiteRight and Jurisage, announced their merger, with the promise of combining CiteRight’s litigation drafting program with Jurisage’s AI technology to create an integrated legal research and drafting solution.

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Long-Form Content Drives Long-Term Success for Lawyers: Create Once, Cash In for Years

Attorney at Work

Ruth Carter | If you have limited resources for marketing, invest in your blog. The post Long-Form Content Drives Long-Term Success for Lawyers: Create Once, Cash In for Years appeared first on Articles, Tips and Tech for Law Firms and Lawyers.

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The New Battle Over an Old Institution: Forced Prison Labor

The Marshall Project

Inside the latest legal and legislative efforts to close state constitutional loopholes that allow slavery as punishment for a crime.

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How to Plan a Vacation as a Lawyer

Practice Panther

Summer vacation as a lawyer? We get it, lawyers have a busy job — and that’s an understatement. It can often feel impossible to take some time to slow down when you’re constantly getting swamped with client demands and cases. As difficult as it might seem to get away from your practice, it’s still worth the effort for your well-being.

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CAFC Says Generic’s Public Statements Make Induced Infringement Claims Plausible

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today reversing a district court’s grant of Hikma Pharmaceuticals’ motion to dismiss Amarin Pharma, Inc.’s complaint against it for induced infringement. Amarin claimed Hikma induced infringement of its “icosapent ethyl” product, an ethyl ester of an omega-3 fatty acid commonly found in fish oils, marketed as Vascepa.

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Privacy Risks in Smart Home Apps: A Closer Look at Data Collection

Complex Discovery

Editor’s Note: Conducted by the Surfshark Research Center, the “Smart Home Privacy Checker” study provides critical insights into how data collection practices by leading smart home apps like Amazon Alexa and Google Home can compromise user privacy. This study is essential for cybersecurity, information governance, and eDiscovery professionals because as smart home technology becomes more pervasive, understanding the privacy implications of data-hungry apps is crucial.