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Daily Report Online

Supreme Court's Affirmative Action Decision Upsets the Rule of Law

The U.S. Supreme Court now views race-conscious admissions policies to be facially unconstitutional for want of being colorblind—a standard it has consistently rejected in the past. Justice Sonia Sotomayor's dissent embraces the long-settled framework that race-conscious education policies are necessary to fulfill the promise of equal protection.
6 minute read

Daily Report Online

The 30-Mile 'Shakedown': Mediation Prep Lessons Learned From the Appalachian Trail

There's a lot written about how to prepare for mediation, but much of that centers on what to do. The focus over these next few paragraphs will be what to prepare not to do at mediation—issues and tactics to leave out of your backpack when you hit the mediation trail.
7 minute read

Daily Report Online

The Ninth Circuit—Flexing Its Subpoena Power

In Kirkland v. United States Bankruptcy Court for the Central District of California, the Ninth Circuit considered video transmissions for witness testimony in court proceedings. The mandamus proceeding arose from a Bankruptcy Court order requiring Ann Kirkland, a party acting as sole trustee, and John Kirkland, a non-party, to testify remotely in an adversary proceeding involving the Bright Conscience Trust.
4 minute read

Daily Report Online

The Third Trump Indictment Is Fortified With Facts and Law

The three conspiracy counts will enable Special Counsel Jack Smith to introduce a wide swath of evidence at trial.
7 minute read

Daily Report Online

FTC, DOJ Propose Major Overhaul of Merger Guidelines

The Proposed Guidelines reflect the larger trend of increased antitrust scrutiny under the Biden Administration. As a result of this increased merger enforcement environment, companies considering mergers and acquisitions should consult with experienced antitrust counsel to understand their risks and formulate a strategy.
8 minute read

Daily Report Online

LegalEdge: Growing Your Book: Mastering Business Development

This column offers attorneys business development strategies to help thrive in today's dynamic legal landscape.
4 minute read

Daily Report Online

Lessons Learned From AI Company Disclaimers

What lessons can lawyers learn from AI's use of disclaimers? Disclaimers can be a particularly effective tool for providers of services to describe what services they are intending—and not intending—to provide.
6 minute read

Daily Report Online

How Businesses Can Maximize the U.S. Supreme Court's Latest Arbitration Ruling

The court's ruling in Coinbase v. Bielski makes arbitration that much more attractive to large companies and many other businesses. They and their lawyers can view the decision as another tool to pause or avoid class actions and other types of expensive litigation in favor of arbitration.
7 minute read

Daily Report Online

The Supreme Court—Extraterritoriality and the Lanham Act

The recent U.S. Supreme Court decision challenging a $96 million verdict in a trademark dispute has a large impact on the extraterritorial application of the Lanham Act by U.S. courts and presages' continued efforts to trim the extraterritorial application of federal law.
5 minute read

Daily Report Online

Hamlet, Trump and 'The Delay Game' That Includes His Fulton County Case

Donald Trump is unambiguously hoping for a victory by himself or a fellow Republican unwilling to offend Trump's base even if elected, in order to accomplish a pardon for himself or have the incoming Justice Department dismiss the case altogether, a former prosecutor and Law Journal columnist writes.
8 minute read

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