“A federal appeals court on Wednesday blocked a California law that makes it a crime to require employees to sign agreements for arbitration of workplace disputes. The 9th U.S. Circuit Court of Appeals at San Francisco ruled that the law was preempted by the Federal Arbitration Act, report Reuters and Read more…
“Lawyers who copy their clients on emails and other forms of electronic communications when messaging a lawyer representing someone in the same matter have given implied consent to receiving a “reply all” response back from the recipient counsel, absent special circumstances, according to a new ethics opinion from the ABA. Read more…
“The 5th U.S. Circuit Court of Appeals at New Orleans on Saturday granted an emergency motion to stay the federal government’s vaccine mandate for larger employers pending expedited judicial review. The 5th Circuit acted in a suit by several companies and the states of Texas, Louisiana, Mississippi, South Carolina and Read more…
“ Erik Baylis loves the bar and restaurant life. He started as an hourly employee working in a bar and now owns Big Onion Hospitality, a Chicago company with seven local restaurants and bars and one in Nashville. It’s thrilling to create your own business, Baylis says, and it’s satisfying Read more…
“ “In their thoughtful and provocative article, Pseudo-Contract and Shared Meaning Analysis,1×1. 132 HARV. L. REV. 1135 (2019). Professors Robin Bradley Kar and Margaret Jane Radin argue that contract — that is, the presumptively enforceable agreement of the parties — should be limited to the “shared meaning” of the parties, and that the boilerplate surrounding that Read more…
Free Speech and Justified True Belief Law often prioritizes justified true beliefs. Evidence, even if probative and correct, must have a proper foundation. Expert witness testimony must be the product of reliable principles and methods. Prosecutors are not permitted to trick juries into convicting a defendant, even if that defendant Read more…
Of Synchronicity and Supreme Law The Constitution identifies three forms of supreme law — the Constitution, laws, and treaties — and specifies procedures for their adoption. Yet it says little about timing. It does not seem to address whether the chambers of Congress must act on bills in close proximity Read more…
COVID-19 sparks rapid tech adoption that has helped lawyers weather economic downturn COVID-19 has sparked lawyers to adopt technology at a much faster clip than previously seen in the legal industry and ahead of consumer expectations for doing so, according to cloud-based company Clio’s 2020 Legal Trends Report. The report was Read more…
Knowing when to tell your client no and other ethical dilemmas One of the most important ethical obligations a lawyer has is knowing when to tell their client no. But how do you know when that moment has come, and how do you deal with it? For legal ethics experts Read more…
The Lost History of the “Universal” Injunction The issuance of injunctions that reach beyond just the plaintiffs has recently become the subject of a mounting wave of censorious commentary, including by members of Congress, a Supreme Court Justice, the Solicitor General, the Attorney General, and the President. Critics of these Read more…