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Bad Week For Biglaw Capitulators — See Generally

  • abovethelaw.com language
  • 2025-05-27 07:10 event
  • 1 week ago schedule
Ed. Note: We’re starting a new feature, kicking off the week with a collection of top stories from the prior week. It’s like our daily See Also, but for the week. So… See Generally. Paul Weiss Lawyers Jump Ship Before It Becomes the S.S. Giuliani: Top litigators leaving to form new firm free of Trump entanglements. Elena Kagan Drops Brutal New Diss(ent) Track: “But then, today’s order poses a puzzle” is the constitutional “Not Like Us” we needed. Kim Kardashian Earns Right To Complain About The Cal Bar Exam Too: Her legal education is complete… on to the test. Moral Bankruptcy Loves Company: Kirkland tried to herd the rest of Biglaw into its Trumpian embrace. Habeas Corpus Hocus Pocus: Noem asked to define basic legal principle and managed to make Sarah Palin look knowledgeable in the process. Biglaw’s MAGA Pivot Gets 1 Star: “Would Not Recommend”: Survey finds legal industry…

101. I Was Just Rear-Ended in Fort Myers: What Do I Do Now?

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  • garvinlegal.com language

Being involved in a rear-end collision can be a jarring and disorienting experience. As a Fort Myers personal injury attorney, I understand the confusion and stress you may be feeling right now. Our team at Garvin Injury Law will always take the time to guide clients through the initial process, explain your legal rights, and formulate a smart strategy for financial compensation. Understanding Liability in Rear-End Collisions In Florida, there exists what we call a “rebuttable presumption of negligence” in rear-end collisions. What this means is that the driver who rear-ends another vehicle is generally presumed to be at fault for the accident. This presumption is based on the principle that drivers should maintain a safe following distance and be prepared to stop when the vehicle ahead slows or stops. However, as established in cases like Cevallos v. Rideout (107 So.3d 348, Fla. 2012), this presumption can be rebutted under certain circumstances. The rear driver…

102. DOJ to Use False Claims Act to Enforce DEI Crusade

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  • constantinecannon.com language

By the Constantine Cannon Whistleblower Team Last week (May 19), the Department of Justice (DOJ) released a memo describing the details of its new Civil Rights Fraud Initiative, which will use the False Claims Act to push the Trump Administration’s DEI agenda.1  In announcing the initiative,2 Attorney General Pam Bondi made clear that enforcing Trump’s crusade against DEI is a top DOJ priority: “Institutions that take federal money only to allow anti-Semitism and promote divisive DEI policies are putting their access to federal funds at risk.  This Department of Justice will not tolerate these violations of civil rights – inaction is not an option.” THE FALSE CLAIMS ACT WILL BE CENTRAL TO ENFORCING TRUMP’S ANTI-DEI CAMPAIGN The False Claims Act was enacted by President Lincoln during the Civil War to go after war profiteers trying to defraud the Union Army with sawdust munitions and lame mules.  Since then, it has become the…

103. Berger on Rosalind's Refund: The Woman, the Lawyers, and the Time That Created McClanahan v. Arizona

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  • lawlit.blogspot.com language

Bethany Berger, University of Iowa College of Law, is publishing Rosalind's Refund: The Woman, the Lawyers, and the Time that Created McClanahan v. Arizona in the Kansas Law Review (2025). Here is the abstract. Rosalind McClanahan was just twenty-two when she set one of the most important cases in federal Indian law into motion. On April 1, 1968, she filed her Arizona tax return, along with a protest that all the money withheld from her pay—$16.29—should be refunded because she was a Navajo citizen whose income was earned entirely on the Navajo reservation. The Arizona Tax Commission ignored her claim and the Arizona courts rejected it. But the Supreme Court ruled unanimously in her favor, building a foundation for many more decisions rebuffing state jurisdiction as well as landmark legislation such as the Indian Child Welfare Act and Indian Gaming Regulatory Act. This Essay, the first full history of McClanahan, examines the origins of the decision as…

104. New Hampshire Ethics Committee On Drafting Legal Documents with AI

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  • nylawblog.typepad.com language

Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** New Hampshire Ethics Committee On Drafting Legal Documents with AI Despite repeated warnings from ethics committees, lawyers continue to make headlines for citing fake cases in legal briefs that were created by generative artificial intelligence. Most recently, attorneys from some of the largest law firms have been guilty of this transgression.  To be clear, these errors occurred because lawyers failed to review filings before verifying them and submitting them to the court. Regardless of who–-or what—prepares a document, you have an ethical obligation to carefully review it for accuracy.  So why does this keep happening? One key reason is that document drafting is an obvious legal use case for generative AI. According to the 2025 AffiniPay Legal Industry Report, 40% of the respondents who had adopted generative AI in their practices have…

105. Dealing With Insurance Claim Denials in Illinois Car Accident Claims

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  • gainsberglaw.com language

It’s difficult enough to suffer the shock and pain of an injury car accident. The situation can get tragic if you lose a loved one that way. Then there is the outrage that follows when you learn that the accident didn’t have to happen except for the careless behavior of the at-fault party. Just when you thought the situation couldn’t get any worse, the insurance claim adjuster or lawyer denies your claim for a frivolous or even arbitrary reason. At some point, it becomes time to fight back. Profit is an insurance company’s bottom line Insurance companies are not charities. They are businesses, and they exist to turn a profit. They make money by accepting monthly premiums, and they spend money by paying claims. The moment you submit a claim, your interests become directly adverse to theirs. Don’t be surprised if the insurance company ignores your claim or tries to minimize its value. How to fight an insurance claim denial in Illinois An insurance…

106. What’s Better? Vacation or PTO? Both? Neither?

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  • ctemploymentlawblog.com language

When blogs first came out, the author might put a proverbial “Gone Fishing” message to let readers know that they’ve got on vacation. But with the rise of scams, some of us (ahem) just announce vacations AFTER we already had them. While I was away, I ended up pondering a few employment law issues and trying to make sense of it all without the press of work. I’ll have another post or two on some of those thoughts, but one such topic actually relates to vacation. There was a time a while ago where employers would just give employees, say 2-3 weeks off as vacation and call it a day. If someone needed to take a sick day, they could do that too. Then sometime more recently, employers started just using the concept of “paid time off” to track all such time (though schools and some industries were notable exceptions). Some even started moving to “unlimited PTO” with the notion that so long as employees were performing their…

107. Food Safety making Front Page News at the WaPo

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  • marlerblog.com language

E. coli outbreak sickened more than 80 people, but details didn’t surface Food safety inspections are being scaled back and the public was not notified after an investigation into E. coli contamination. By Stephanie Armour Colton George felt sick. The 9-year-old Indiana boy told his parents his stomach hurt. He kept running to the bathroom and felt too ill to finish a basketball game. Days later, he lay in a hospital bed, fighting for his life. He had eaten tainted salad, according to a lawsuit against the lettuce grower filed by his parents on April 17 in federal court for the Southern District of Indiana. The E. coli bacteria that ravaged Colton’s kidneys was a genetic match to the strain that killed one person and sickened nearly 90 people in 15 states last fall. Federal health agencies investigated the cases and linked them to a farm that grew romaine lettuce. But most people have never heard about this outbreak, which…

108. The Importance of Requesting Legal Representation Immediately After an Arrest in Maryland

  • 6 days ago schedule
  • drewcochranlaw.com language

If the police arrest you in Maryland, you need to seek legal representation immediately. While you aren’t guaranteed “one phone call,” you will often have an opportunity to make a call. You may want to use that call to seek a lawyer, but if you call a relative, have them start looking for a criminal defense lawyer who can represent you. Even before you secure a lawyer, appeal to your future lawyer by telling the police you don’t want to answer any questions without a lawyer. Your Miranda rights The 1966 Supreme Court case Miranda vs. Arizona established that the police must issue suspects Miranda warnings before conducting a custodial interrogation. Anyone who has ever watched a TV police drama has heard it before: “You have the right to remain silent. Anything you say can and will be used against you…” The right to remain silent You don’t have to answer any questions from the police. If you do answer any questions, you can be…

109. Saren on AI Assisted Environmental Impact Statements

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  • lsolum.typepad.com language

Tuoya Saren (Emory University School of Law) has posted Legal Challenges of AI in NEPA Environmental Impact Assessment: Regulatory Pathways and Judicial Review on SSRN. Here is the abstract: The integration of artificial intelligence (AI) technologies into the preparation of Environmental Impact Statements (EIS) under the National Environmental Policy Act (NEPA) marks a significant shift in federal environmental review processes. This article critically examines the legal challenges posed by AI-assisted EIS production, focusing on compliance with NEPA’s procedural obligations and the evolving standards of judicial review. It identifies key risks stemming from the opacity, bias, and limited explainability of AI systems, which could undermine the “hard look” standard traditionally enforced under the Administrative Procedure Act (APA). Furthermore, the paper analyzes regulatory gaps created by the limited authority of the Council on Environmental Quality…

110. Bad Week For Biglaw Capitulators — See Generally

  • 1 week ago schedule
  • abovethelaw.com language

Ed. Note: We’re starting a new feature, kicking off the week with a collection of top stories from the prior week. It’s like our daily See Also, but for the week. So… See Generally. Paul Weiss Lawyers Jump Ship Before It Becomes the S.S. Giuliani: Top litigators leaving to form new firm free of Trump entanglements. Elena Kagan Drops Brutal New Diss(ent) Track: “But then, today’s order poses a puzzle” is the constitutional “Not Like Us” we needed. Kim Kardashian Earns Right To Complain About The Cal Bar Exam Too: Her legal education is complete… on to the test. Moral Bankruptcy Loves Company: Kirkland tried to herd the rest of Biglaw into its Trumpian embrace. Habeas Corpus Hocus Pocus: Noem asked to define basic legal principle and managed to make Sarah Palin look knowledgeable in the process. Biglaw’s MAGA Pivot Gets 1 Star: “Would Not Recommend”: Survey finds legal industry…

111. NDEL Conference: Climate Migration is a Human Rights Issue

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  • pelr.blogs.pace.edu language

The following article is part of a series of reflections on the 2025 New Directions in Environmental Law Conference, also known as NDEL. On February 15, 2025, scholars, practitioners, students, and policymakers convened at Yale Law School to analyze changes and emerging issues in environmental law. The series covers the keynote speaker and each panel from NDEL, and is written by Student Reporter attendees. Student Reporters were guided by Alysia LeComte and Julianne Frey, NDEL Committee Members and 2L students at the Elisabeth Haub School of Law at Pace University.   Student reporters Maria Clara da Silva Fernandes and Shane Ardinger prepared this edited summary of the panel entitled ‘New Directions in the Law and Policy of Climate Migration’, featuring panelists Randall S. Abate, Assistant Dean for Environmental Law Studies & Professorial Lecturer in Law at George Washington University Law School; Monica Iyer, Assistant Professor of Law at Georgia…

112. Dentons Hong Kong advised on dual primary listing and HK$521.5 million global offering for Xiamen Jihong Co., Ltd

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  • hongkong.dentons.com language

Dentons Hong Kong has advised Xiamen Jihong Co., Ltd (SEHK: 02603) on its dual primary listing and the global offering of its H shares on the Main Board of the Hong Kong Stock Exchange. Xiamen Jihong

113. AI’s Habit of Information Fabrication (“Hallucination”): Where’s the Human Factor? – Hugh Stephens

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  • inforrm.org language

Image: Shutterstock (with AI assist) It is well known that when AI applications can’t respond to a query, instead of admitting they don’t know the answer, they often resort to “making stuff up”—a phenomenon commonly called “hallucination” but which should more accurately be called for what it is, total fabrication. This was one of the legal issues raised by the New York Times in its lawsuit against OpenAI, with the Times complaining, among other things, that false information attributed to the journal by OpenAI’s bot undermined the credibility of Times journalism and diminished its value, leading to trademark dilution. According to a recent article in the Times, the incidence of hallucination is growing, not shrinking, as AI models develop. One would have thought that as the models ingest more material, including huge swathes of copyrighted and curated material such as content from reputable journals like the Times…

114. Navigating Executive Orders and DOJ Memos That Threaten Criminal Prosecution

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  • thefdalawblog.com language

By Andrew J. Hull & JP Ellison —At our webinar earlier this month, we talked about Administration priorities as they relate to the FDC Act and noted that we expect much to remain the same with respect to enforcement.  One notable exception has been the Administration’s targeting of certain surgical procedures and the use of certain drugs for a particular intended purpose.  Specifically, these are procedures and drugs used in providing what HHS had, until recently, referred to as gender-affirming care.  The gray box at the top of the document at this link shows the change in position. We’re not trying to bury the lead here, but the battle of labeling these surgical and drug treatments is a political one.  The political battle went into gear on January 28, 2025, with an Executive Order titled “Protecting Children from Chemical and Surgical Mutilation.”  That EO contained instructions to the Department of Justice,…

115. Handling Workers Compensation Claims for Mental Health Injuries in Southern Minnesota

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  • pattersondahlberg.com language

Mental health injuries are becoming a growing concern in workplaces, including those in Southern Minnesota. Stress, anxiety, and other psychological challenges can have a significant impact on workers’ well-being, sometimes leading to conditions that qualify as workplace injuries. However, navigating workers’ compensation claims for mental health injuries is often complex. Understanding your rights and the legal framework specific to Minnesota is crucial in securing fair benefits. This guide will explore the key steps to filing a claim, common challenges workers face, and the resources available to assist you. Whether you’re an employee seeking support or an employer aiming to foster a healthier workplace, addressing mental health injuries is a vital step toward creating a more inclusive and supportive work environment. Overview Southern Minnesota’s Workers’ Compensation System Minnesota’s workers’ compensation system is designed to…

116. Tourkochoriti on Conscientious Objection to Anti-Discrimination Law

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  • lsolum.typepad.com language

Ioanna Tourkochoriti (University of Baltimore School of Law; Harvard Law School; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law) has posted LGBTQ WEDDING PARTY: CONSCIENTIOUS OBJECTIONS TO THE ENFORCEMENT OF ANTI-DISCRIMINATION LAW on SSRN. Here is the abstract: This article engages with cases that have recently emerged before courts related to conscientious exemptions in the enforcement of antidiscrimination laws regarding access to goods and services. The article proposes a rationale in favor of enforcing antidiscrimination law. Drawing on legal and normative principles, it argues that governments have a compelling interest in enforcing antidiscrimination law. It also analyzes the types of harm that discrimination in this area causes. The article distinguishes between primary and secondary expressive interests, arguing that regulation of secondary expressive interests is legitimate when manifested in the…

117. Suing for Unnecessary Surgery in Pennsylvania: What to Know

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  • yourerielawyers.com language

Understanding Your Rights After Unnecessary Surgery Undergoing surgery is a serious decision, often made with the belief that the procedure is necessary to improve your health. However, what happens when that surgery turns out to be unnecessary? Unfortunately, some patients in Pennsylvania fall victim to unnecessary surgical procedures, leading to physical, emotional, and financial hardships. Why Do Unnecessary Surgeries Happen? Unnecessary surgeries can occur for a variety of reasons. Sometimes, they result from a misdiagnosis or lack of thorough diagnostic testing. In other cases, medical professionals may recommend surgery without adequately considering non-surgical alternatives. There are even instances where unethical practices or financial incentives drive the decision to operate. The Impact on Your Life The consequences of unnecessary surgery can be profound. Physically, patients may suffer from surgical complications, infections, or long-term disabilities. Emotionally,…

118. [Ilya Somin] New Jersey Town Seeks to Condemn Church to Build a Park and Pickleball Courts

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  • reason.com language

[The move may be a pretext for blocking the church's plan to build a homeless shelter. If the town proceeds, it will face near-certain litigation under the federal and state constitutions.] Christ Episcopal Church, Toms River, NJ. (Christ Episcopal Church)  The New York Times reports that the town of Toms River, New Jersey is planning to use eminent domain to condemn a church, raze it, and build a park and pickleball courts on the spot. The planned condemnation may be motivated by a desire to prevent the church from opening a small homeless shelter on part of its land: Leaders of Christ Episcopal Church in Toms River, N.J., were preparing for a Cinco de Mayo festival late one night when the news began to spread: The mayor planned to use eminent domain to seize their church and its 11 acres of land. Under his plan, the church, which was founded in 1865, would be replaced by 10 pickleball courts, a soccer field and a playground with a nautical theme, according…

119. Five Great Reads on Cyber, Data, and Legal Discovery for May 2025

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  • complexdiscovery.com language

Editor’s Note: As we move toward the midpoint of 2025, the themes shaping this month’s Five Great Reads reflect a maturing yet increasingly turbulent digital landscape. The rise of generative AI continues to push boundaries—not only in what’s possible, but also in what must now be safeguarded. From the unsettling security disparities among top LLM providers to the growing weight of transparency obligations at the highest levels of governance, the stories we feature this month reinforce a common thread: trust, once assumed, must now be earned and continually maintained. The EU’s operationalization of the European Vulnerability Database signals a welcome step toward coordinated cybersecurity resilience, while Estonia’s bold declarations at Latitude59 remind us that digital leadership is no longer measured solely by economic size, but by strategic clarity and speed. At the same time, our industry research reveals how core processes like data…

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