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Would you take the new bar exam – a nine-hour test – for $1,500?
That’s how much the National Conference of Bar Examiners is offering law grads to test-drive the first full-length prototype of its NextGen Bar exam — the revamped version of the bar exam that’s set to debut in July 2026, reports our colleague Karen Sloan.
The organization is seeking about 2,200 of the 46,000 people who are taking the 2024 bar exam this week to participate in a trial run of the new exam in October. The national conference is seeking graduates of both ABA-accredited law schools and non-ABA-accredited law schools, as well as both first-time and repeat bar takers. The sign-up period is from August 19 to 29.
Researchers will compare results from the prototype test to the current exam to develop a new national score scale, said Rosemary Reshetar, the national conference’s director of psychometrics and operations. The prototype exam will also test the effectiveness of individual questions, Reshetar said, and will be used to help individual jurisdictions set their own passing scores, which vary from state to state.
Thus far, 21 jurisdictions have said they will switch to the new bar exam, with start dates ranging from July 2026 to July 2028, when the national conference will stop offering the current exam.
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- Allegations of discrimination within the federal judiciary involving employees’ race, gender or other characteristics rank as the top issue in 161 complaints of wrongful conduct in the workplace from 2020 to 2022, according to a report by Congress’s watchdog agency. A group of Democratic lawmakers had asked the Government Accountability Office to examine how the judiciary responds to allegations of workplace misconduct affecting its 30,000 employees.
- Lewis Brisbois Bisgaard & Smith has settled a racial discrimination lawsuit brought by a Black ex-partner who cited offensive emails sent by the firm’s former practice leaders, court records show. Attorneys representing Robert Lofton filed a notice with the Los Angeles Superior Court stating that a final settlement with the law firm was reached, but did not include the terms.
- New York City Mayor Eric Adams formally nominated litigator Randy Mastro of King & Spalding to lead the city’s law department.
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That’s how many passenger trains traveling on the Norfolk Southern-controlled Crescent Route track arrived on time last year, according to a new lawsuit filed by the DOJ against Norfolk alleging the transport company is illegally delaying passenger trains on Amtrak’s route between New York City and New Orleans. Federal law requires Norfolk Southern to give Amtrak passenger trains preference over freight trains but the DOJ said Norfolk Southern regularly fails to do so. Norfolk Southern controls 1,140 miles of rail line on the Crescent Route and handles dispatching for all trains along that segment, including freight trains it operates.
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The fallout from the bribery scandal involving Ohio utility FirstEnergy is headed back to the 6th Circuit, as the company aggressively challenges a shareholder class action derived from the scheme, which has cost the company millions and led to two indictments. FirstEnergy’s latest maneuver is a petition to the appellate court that contends the judge overseeing the investor class action has thrown the entire future of corporate internal investigations into doubt by ordering FirstEnergy to turn over a trove of documents to plaintiffs’ lawyers. And, as Alison Frankel writes in her latest column, FirstEnergy is arguing that every company in the circuit ought to be worried about the judge’s decisions.
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“That seems like a paradigm case of a deceptive business practice.“
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—Brian Berkey, associate professor of legal studies and business ethics at the University of Pennsylvania’s Wharton School, who told Reuters that the practice of using “chatters” on OnlyFans to take the place of creators in direct communications with customers could be misleading. Legal experts told Reuters the use of chatters could violate U.S. and European consumer protection and data privacy laws, and the company is currently facing two class actions over the practice. OnlyFans says it is only a platform for creators and isn’t affiliated with any third parties. Read more from Reuters’ Special Report on OnlyFans.
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- The U.S. Senate Judiciary Committee will consider another slate of Biden White House judicial nominees. The nominees who are expected to appear include Ryan Park, the North Carolina state solicitor general picked for the 4th Circuit. If he is confirmed, Park would become the first Asian American to serve on the Richmond, Virginia-based appeals court. Park faces opposition from North Carolina’s two Republican senators. The panel also will hear from nominees for slots on federal courts in Illinois, Pennsylvania and Wisconsin.
- The NFL will face off against residential and commercial subscribers of its “Sunday Ticket” programming as U.S. District Judge Philip Gutierrez in Los Angeles weighs whether to throw out the plaintiffs’ $4.7 billion antitrust trial win. The subscribers, represented by Susman Godfrey, Hausfeld and other firms, claim the NFL conspired to overcharge them for more than a decade. Attorneys for the NFL at Wilkinson Stekloff and Covington said a “runaway” jury did its “own unfounded math.” The NFL has denied any wrongdoing.
- Defense attorneys for indicted U.S. Rep. Henry Cuellar at a hearing will ask U.S. District Judge Lee Rosenthal in Houston to force the government to allow counsel to apply for a security clearance under the federal Classified Information Procedures Act. The defense lawyers said in a filing that the government was opposed to letting them initiate the application process. Cuellar and his wife, who was also charged, have denied charges that they accepted nearly $600,000 in bribes in two schemes meant to benefit an Azerbaijani state-owned energy company and an unnamed bank based in Mexico.
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Court calendars are subject to last-minute docket changes.
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- Software company Pegasystems convinced a Virginia appeals court to throw out a $2 billion jury verdict for rival Appian in a court battle over Pegasystems’ alleged theft of Appian’s trade secrets. The appeals court agreed the trial court had committed a “series of errors” that required a new trial. The award had been the largest damages verdict in Virginia court history.
- A federal judge in Alabama refused to block the Biden administration from enforcing new anti-discrimination protections for LGBTQ students in four Republican-led states, breaking with five other judges who have said the rules are invalid. U.S. District Judge Annemarie Axon in Birmingham in a 122-page ruling rejected various arguments that the four states led by Alabama made in challenging the U.S. Department of Education regulations.
- Wells Fargo & Co was accused in a lawsuit of mismanaging its employee health insurance plan and forcing tens of thousands of U.S. employees to overpay for prescription drugs. The proposed class action filed in Minnesota federal court by four ex-employees of Wells Fargo claims the bank violated a federal law requiring companies to prudently manage employee health and retirement plans.
- U.S. District Judge Michael Baylson in Philadelphia dismissed a lawsuit accusing Uber Technologies of misclassifying drivers, saying a third trial would be futile after two juries deadlocked. Baylson oversaw two trials in which jurors could not agree on whether Uber exerted enough control over drivers for luxury service UberBLACK in Philadelphia to be considered their employer under federal law.
- Data-storage giant Western Digital owes an Austrian physicist’s company more than $262 million for violating his patent rights in hard-drive innovations, a jury in California federal court found. The jury said Western Digital should pay MR Technologies for infringing two patents related to technology that increases the storage capacity of hard drives. Western Digital said it will appeal.
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- Morrison Foerster picked up partner Aileen McGrath in San Francisco. McGrath, who will be part of the appellate and Supreme Court group at the firm, was previously at Akin Gump. (Morrison Foerster)
- O’Melveny added Denise Scofield as a Houston-based litigation partner. She previously was a litigation practice head at Winston & Strawn. (O’Melveny)
- Ropes & Gray added Christopher Roman as a New York-based tax partner from Fried Frank. (Ropes & Gray)
- Tarter Krinsky & Drogin hired partner Brittany Mangan for its matrimonial and family law practice. Mangan was previously with Berkman Bottger Newman & Schein. (Tarter Krinsky)
- Jon Levin joined Womble Bond Dickinson in Huntsville, Alabama, where he’ll be a partner in the firm’s corporate and securities group. Levin was previously at Maynard Nexsen. (Womble)
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