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Judge Mizelle's Nationwide Injunction Invalidating the Biden Administration's Mask Mandate Should Be Reversed on Appeal

I'm not a medical doctor so I don't know whether masks remain necessary for public health. However, I am a lawyer and a constitutional law professor, and I'm certain that Judge Mizelle's nationwide injunction is unconstitutional.

     
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'The Nature of the Beast': Lateral Group Moves Gain More Momentum

Group moves, such as DLA's hire from Honigman this week, are picking up steam amid remote work and a relative decline in law firm merger activity.

     
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The Marble Palace Blog: Book Banning Trend Reaches SCOTUS Gift Shop

A book by Jamie Raskin about the constitutional rights of students, sold at the Supreme Court Historical Society's (virtual) gift shop and elsewhere, is on a Texas list of books to be removed from schools.

     
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'I'm A Black Man.' Attorneys of Color Make Inroads in MDL Leadership

About 16% of attorneys appointed to leadership roles in multidistrict litigation created in 2021 identified as nonwhite, up slightly from 14% in 2020. In 2016, only 4% went to nonwhite attorneys.

     
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More Howitzers, Artillery Rounds, UAVs Headed to Ukraine

Another $800 million in security assistance is headed to Ukraine, the Pentagon announced. This is the 8th drawdown package announced, which is gear pulled from existing U.S. military stock.
(Originally posted by C. Todd Lopez)
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Ukraine Grateful for U.S. Military Assistance, Welcomes More

Secretary of Defense Lloyd J. Austin III welcomed Ukrainian Prime Minister Denys Shmyhal to the Pentagon in an enhanced honor cordon ceremony.
(Originally posted by David Vergun)
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Czech Republic Hopes to Deepen Military Ties With the U.S.

Secretary of Defense Lloyd J. Austin III discussed the Defense Cooperation Agreement and thanked the Czech Republic for providing security assistance and humanitarian aid to Ukraine during a meeting with Czech Defense Minister Jana Cernochova at the Pentagon. 
(Originally posted by Dave Vergun)
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Solo Practitioner, Backed by Latham & Watkins, Wins SCOTUS Tax Ruling

The justices ruled a 30-day limit for filing a petition in the U.S. Tax Court to challenge an IRS decision to seize property is not a jurisdictional limit and can be equitably tolled.

     
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Litigants Should Strategically Draft Applications to Confirm Arbitration Awards

After SCOTUS' latest opinion narrowing path to federal court, it will be crucial to draft applications to establish subject-matter jurisdiction.

     
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Meet the Attorney Who Created an App for Moot Arguments

"The idea basically grew organically out of not wanting to do things the analog way," said appellate attorney Athul Acharya.

     
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President Biden Announces New $800M in Military Assistance to Ukraine

President Joe Biden announced that the United States will send another $800 million in equipment to help Ukraine defend itself against Russia's two-month-long invasion.
(Originally posted by Terri Moon Cronk)
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Cooley Partner, Nominated to Biden Administration Post, Reports $7.5M Salary

Travis LeBlanc, a leader of Cooley's litigation department, was nominated for a second term on the Privacy and Civil Liberties Oversight Board.

     
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Lex Machina Adds Federal Appeals Court Data With Launch of Appellate Analytics

The addition of federal appellate court data to Lex Machina includes almost 400,000 circuit court cases from all 13 federal circuits.

     
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What is the impact of divorce on estate planning and inheritance?

By Lyle Solomon

Divorce affects your present life and future plans, including your estate plan.

If you made a will while married, you most likely left money and assets to your spouse. You may also have designated your spouse to manage finances and make health care decisions in the event of your death. However, you probably don’t want your ex taking your money after divorce. But that’s what might happen if you don’t update your estate planning documents.

Even if you’ve never prepared any estate planning documents, your ex is probably the beneficiary of your insurance policies, retirement savings plan, or “payable on death” bank account. This means that unless you name someone else, your ex will most likely receive the money.

Here are a few documents that may need to be updated as a result of your divorce.

Trust

If you’ve created a revocable living trust for yourself or a trust for your kids, you should review these documents before or during your divorce.

Many couples establish joint trusts or appoint each other as trustees to monitor the assets in the trust after one spouse dies. Your ex-spouse could also be a beneficiary of your trust.

If you do not update your trust, your ex-spouse could inherit your assets. Alternatively, your ex could control how your money is spent on your children.

Your Will

You may be able to prepare a fresh will and estate planning documents during the divorce proceedings, or you may have to put it on hold until the divorce is finalized. There are several compelling reasons to write a new will after a divorce or to prepare a will for the first time:

If you created the will while married, your state might disregard the section of the will in which you left wealth and assets to your ex. However, relying on this is risky and those clauses will be enforced if your will also leaves things to your in-laws.

Your will also appoints someone as your executor or administrator, who will be in charge of dealing with paperwork and distributing your assets. If your will mentions your ex as executor, they can handle your assets even if both of you aren’t in touch with each other.

If you and your children’s other parent die, your present will may appoint someone to act as guardian for your children. The court will make the final decision, but if your will mentions your ex-brother-in-law, who now despises you, there’s a decent chance he’ll be raising your children.

You must first revoke your old one and create a new one to amend your will. Never attempt to alter a will by cross-outs and writing in the margins.

Advance Directives and Power of Attorney

When making a will, it is customary to sign additional documents such as advance directives and powers of attorney. These documents ensure that if you become incapacitated, someone you appoint will be able to make medical decisions, legal decisions, and financial decisions for you.

Advance directives also state your preferences for being kept alive by life support if you become vegetative. If you have designated your spouse or a close relative of your spouse to make these important decisions, you should also update these documents.

Conclusion

When someone dies, many things are not an integral part of the “estate” that are passed down through a will. Instead, upon your death, these assets are distributed to the beneficiary you’ve designated, even if that beneficiary is your ex. These are some examples:

IRAs, 401(k)s, pensions, and retirement accounts Accounts with a “payable on death” provision “Transfer on death” investment accounts

After your divorce is finalized, contact the financial institutions and insurance companies that hold your accounts and policies. Know who is your beneficiary and, if necessary, update this information. Don’t presume that your beneficiaries have been updated simply because you have received something in the divorce decree.

Divorce alters your equation with your ex and former in-laws, but it does not alter your estate plan. To prevent unnecessary problems in the future, update your powers of attorney, wills, trusts, and beneficiary designations to reflect your new life.

Lyle Solomon is a payday loan crusader and the principal attorney at Oak View Law Group in California. As a consumer finance attorney, he has written several legal and financial articles. You can connect with him on LinkedIn or tweet him at @lyle_solomon.

 

Original author: Will Korn
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With Arrival of Loeb Litigator, Crowell Continues Chicago Buildout

"Joining Crowell is a chance to really establish myself on a larger platform," said Jason Stiehl.

     
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'It's Unseemly': Ethics Experts Unsettled by Federal Judges Trying to Control Who Replaces Them

Some court watchers worry the practice could harm public perception of the integrity in the judicial selection process.

     
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Army Announces 2 New Rifles for Close-Combat Soldiers

The Army recently awarded a contract for two new soldier weapons: the XM5 rifle and the XM250 automatic rifle, which both will use the new 6.8 mm common cartridge family of ammunition and a new fire control system.
(Originally posted by C. Todd Lopez)
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State Bar past President Cullen Smith Jr. dies at 96

State Bar of Texas past President Cullen Smith Jr., 96, died April 16, 2022. He served as president of the State Bar of Texas from 1978 to 1979.

After graduating high school in 1943, Smith served in the U.S. Marine Corps until 1946. A native of Waco, he received his law degree from Baylor University and was admitted to the Texas Bar in 1950. Smith then practiced law in Welasco from 1950 to 1953, before returning to his hometown and joining the law firm of Naman, Howell, Smith, Lee & Muldrow. He first served as managing partner, president, chairman, head of the trial section, and was counsel to the firm until his death. Smith was also a Waco City Council member from 1983 to 1985.

As president of the State Bar, Smith helped secure reenactment of the State Bar Act as part of the Sunset review process, as well as a Supreme Court order integrating the bar under the court’s inherent power. The new act clarified the State Bar’s purposes, strengthened grievances, and added public members. Smith’s presidency also saw greater involvement from women and minority lawyers, the creation of a Law Student Division, and an active program of Citizens Legal Education.

He was a member of the Episcopal Church, Rotary Club, Philosophers Club, and Ridgewood Country Club. Smith was president of the Waco-McLennan County Bar in 1956-1957 and president of the Junior Bar (now the Texas Young Lawyers Association) in 1957-1958. He sat on the State Bar Board of Directors (1971-1974), was chair of the Texas Bar Foundation (1973-1974), and was chair of the Special Committee on Revision of Canons of Ethics (1969-1971). Smith was a fellow of the Texas and American Bar Foundations and a state chair of the latter in 1978-1981. He was a member of the American Bar Association, serving on the House of Delegates, the Action Commission to Reduce Court Costs and Delay, and the Committee on Complex and Multi-District Litigation. Smith was also a nonresident member of the Dallas Bar and an honorary member of the Montana Bar.

He was known for his involvement in many community causes. During the early 1960s, Smith worked with Waco leaders to desegregate public facilities in the city. A decade later, he led a delegation from Waco to meet with North Vietnamese leaders in Paris, France, to reconsider their treatment of American prisoners of war, according to the Waco Tribune-Herald.

Smith is survived by his wife of 13 years, Ann Brown Parson; daughters, Sallie Chestnutt Smith, Alethea Risher Smith, and Elizabeth Brient Smith; four grandchildren; and five great-grandchildren.

Original author: Eric Quitugua
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Russia Notified U.S. of ICBM Test Launch

Russia's defense ministry said the country test-launched one of its Sarmat intercontinental ballistic missiles, and Pentagon Press Secretary John F. Kirby said the Russians had properly notified the United States under its new START Treaty obligations.
(Originally posted by David Vergun)
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Poland Will Increase Defense Spending

During a meeting with Secretary of Defense Lloyd J. Austin III at the Pentagon, Polish Defense Minister Mariusz Blaszczak said his country will increase its defense spending to 3% of gross domestic product.
(Originally posted by David Vergun)
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