Playbooks help lawyers mean business

Although contracts document a consensual commercial relationship between two parties working together to achieve common or overlapping business goals, they are also enforceable legal instruments that can have potentially devastating effects on businesses due to the imposition of liability. The legal and business personnel involved in the negotiation need to deal with this contradiction, and …

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Diversity of tribunals in construction disputes

This year, following the celebration of 100 years of women’s suffrage, and the first occasion where a female majority heard a Supreme Court case, we have seen a greater focus on diversity. The legal sector has recognised that we should encourage and attract a workforce that exhibits a range of differences which include gender, sexual …

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Non Sequiturs: 11.11.18

* The unstoppable Justice Ruth Bader Ginsburg maintains her three-Term streak as author of the Supreme Court’s first signed majority opinion — and, interestingly enough, it’s a unanimous affirmance of the Ninth Circuit (opinion by my former boss, Judge Diarmuid O’Scannlain). [Empirical SCOTUS]

* When he’s not busy issuing landmark decisions (and feeding his clerks to SCOTUS), Judge Jed Rakoff (S.D.N.Y.) writes erudite essays for the New York Review of Books — like his latest, a review of Joel Richard Paul’s new biography of Chief Justice John Marshall (affiliate link). [New York Review of Books]

* President Donald Trump is transforming the federal judiciary with his youthful and conservative appointments — but the extent of the transformation should not be exaggerated, for reasons identified by Ed Whelan. [Bench Memos / National Review]

* Ann Althouse analyzes some of the juiciest passages in Michelle Obama’s new memoir (affiliate link). [Althouse]

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At Least You’re Not This Guy — See Also

BIGLAW PARTNER SUSPENDED FOR WATCHING PORN AT WORK: I’m probably at the point where I would rather walk in on my colleagues watching literal porn than watching a presidential press conference. CRAVATH ANNOUNCES ALL-WOMEN CLASS OF PARTNERS: This story is the right chaser for that first one. RELEASING JUVENILE DEFENDANTS TO OWN THE LIBS: Texas …

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In re Twelve Grand Jury Subpoenas

(United States Ninth Circuit) – Affirmed an order holding a records custodian in contempt for his failure to comply with grand jury subpoenas. Held that the Fifth Amendment privilege against self-incrimination provides no protection to a collective entity’s records custodians.