Daily Report Online | Commentary
By Joel Cohen | July 21, 2023
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.
Daily Report Online | Commentary
By Amy Brown Doolittle, Petrina Hall McDaniel and Dara D. Mann | July 18, 2023
It remains unclear whether the Eleventh Circuit's minority position will gain momentum or whether the Supreme Court ultimately will weigh in on the issue. For now, it is important that parties settling class actions in the Eleventh Circuit are aware they cannot provide incentive awards as part of the settlement, and those outside of the Eleventh should draft their settlement agreements to withstand possible objections to such awards.
Daily Report Online | Commentary|Expert Opinion
By Shari L. Klevens and Alanna Clair | July 17, 2023
The Rules of Professional Conduct impose a duty of candor on lawyers. Part of that duty includes the responsibility at times to provide clients with advice that they need to know, even if they don't want to hear it.
Daily Report Online | Commentary|Expert Opinion
By Todd Heffner and Jim Calvert | July 11, 2023
This column is intended to remind practitioners of the relevant rules and suggests the right direction of ditching boilerplate objections, responding with the required specificity and avoiding the risk of waiving objections.
Daily Report Online | Best Practices|Commentary
By Everett Catts | July 7, 2023
This column explores the benefits of forum selection clauses and the considerations for the best forum.
Daily Report Online | Commentary|Expert Opinion
By James W. Wimberly Jr. | July 7, 2023
Technically, the Supreme Court ruling does not apply to employers. The laws that apply to educational institutions differ from those that apply to private-sector employers, although the laws are similarly worded. Therefore, many of the concepts are the same. The result could be that if race-conscious admissions in education are illegal, the same result will be made in employment situations.
New York Law Journal | Analysis
By C. Raymond Radigan and Jessica M. Baquet | July 5, 2023
Where a fiduciary's behavior clearly demonstrates entrenched hostility toward beneficiaries or a co-fiduciary, summary removal has been held appropriate.
Daily Report Online | Commentary|Expert Opinion
By Tanya D. Marsh | July 3, 2023
As a scholar whose research is centered on the laws regarding the status, treatment and disposition of human remains, I am often asked about the legality and ethics of selling bodies, especially when stories like the Harvard morgue case or a TikTok user selling human bones begin to circulate. My answers often surprise people.
Daily Report Online | Analysis|Expert Opinion
By Avi Weitzman and Jackson Herndon | June 27, 2023
An examination of an emerging battle front regarding the controversial Section 230 of the Communications Decency Act protecting online platforms from liability over posted content—namely, how Section 230 will treat generative AI content.
Daily Report Online | Commentary|Expert Opinion
By Gabriel "Jack" Chin | June 21, 2023
The Constitution requires that a trial must be "held in the State where the said Crimes shall have been committed" and that a defendant is entitled to an "impartial jury of the State and district wherein the crime shall have been committed."
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