Law Firm Mourns Loss of Legal Assistant Killed in Charlottesville Protest | Law.com

BY LEIGH JONES

Heather Heyer, killed Saturday while protesting against a white nationalist rally in Charlottesville, Va., was an “empathetic” worker with a dry sense of humor, according to an attorney for whom she worked.

Heyer, 32, died after a man whom police identified as James Alex Fields Jr., 20, drove his car into a group of counter-protesters following the “Unite the Right” event. Fields faces a second degree murder charge and other charges.

Heyer had worked as a legal assistant since July 2012 at Miller Law Group, a three-attorney firm in Charlottesville focused on consumer bankruptcy, real estate and estate planning.

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When Email Exchanges Become Binding Contracts | New York Law Journal

Adam Leitman Bailey and John M. Desiderio

In Stonehill Capital Management v. Bank of the West , 28 NY3d 439 (2016), the New York Court of Appeals held that an agreement to sell a distressed loan, in the auction loan trading market, was enforceable without the execution of a formal written contract. While Stonehill may simply reflect the court’s pragmatic acknowledgement of the trading practices that prevail in fast-paced loan trading, there has been concern expressed by some real estate attorneys that the decision may adversely impact longstanding practices in the negotiation of real estate contracts. The authors of this article do not share that concern, but we do believe that the decision does highlight points that real estate attorneys should consider when advising their clients. This article discusses when emails will be deemed a real estate contract and how to prevent or create such a binding contract.

Transgender Service Members Sue Trump Over Military Ban Tweets – CourtSide

Today five transgender members of the U.S. military sued Trump, claiming the tweets violate the due process and equal protection rights of transgender service members, and asking for an injunction against the ban. You can read the full lawsuit below.

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Jane Does v Donald Trump by FindLaw on Scribd

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Stephen Colbert compares Trump’s military history with transgender soldiers who serve (mashable.com)

Defendants Kept in the Dark About Evidence, Until It’s Too Late – The New York Times

By BETH SCHWARTZAPFEL–NYTIMES

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For decades, legislation to require prosecutors to turn over evidence earlier has run into stiff opposition from New York’s district attorneys, who present a powerful counterargument: the safety of witnesses. More than a dozen such bills have failed in the past quarter-century.

Now, the politics show signs of shifting, and a renewed effort is underway to push the Legislature to overhaul state discovery rules, following the example of traditionally more conservative states such as North Carolina and Texas.

This year, the New York State Bar Association for the first time is throwing its weight behind a new Assembly bill requiring prosecutors to automatically turn over police reports, witness names and statements, and grand jury testimony early in a case. Their endeavor is backed by the Legal Aid Society and the Innocence Project, a nonprofit that helps exonerate people who have been wrongly convicted, although it faces a difficult road. There is no companion bill in the Senate, and Gov. Andrew M. Cuomo has not embraced the idea.

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Snarky, profane ACLU brief supports John Oliver against coal company CEO

BY DEBRA CASSENS WEISS–ABA Journal

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The American Civil Liberties Union has a message for Murray Energy CEO Bob Murray: “You can’t sue people for being mean to you, Bob.”

The West Virginia ACLU filed an amicus brief in a defamation suit Murray filed against John Oliver for his June segment on the coal industry and its treatment of workers in a monologue on his HBO program, Last Week TonightVanity Fair calls the brief “hilarious,” while LawNewz calls it the “snarkiest legal brief ever.” Slate and the Hollywood Reporteralso have stories.

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New York lawyer accused of calling in bomb threat to avoid sanctions hearing

BY DEBRA CASSENS WEISS–ABA Journal

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A lawyer in Syracuse, New York, is scheduled to appear in court Aug. 4 to enter a plea to allegations that she phoned in a bomb threat to avoid a hearing on an opposing lawyer’s request for sanctions against her.
 
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As Paperwork Goes Missing, Private Student Loan Debts May Be Wiped Away – The New York Times

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Some of the problems playing out now in the $108 billion private student loan market are reminiscent of those that arose from the subprime mortgage crisis a decade ago, when billions of dollars in subprime mortgage loans were ruled uncollectable by courts because of missing or fake documentation. And like those troubled mortgages, private student loans — which come with higher interest rates and fewer consumer protections than federal loans — are often targeted at the most vulnerable borrowers, like those attending for-profit schools.
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