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How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: Cases and Materials ,

Third edition (lexisnexis 2009) by michael makdisi & john makdisi.

C. HOW TO BRIEF

The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.

Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. As a practicing lawyer, your client doesn’t care if you brief, so long as you win the case. The judges certainly don’t care if you brief, so long as you competently practice the law. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

What are the elements of a brief? Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following:

(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)

(b) Issues (what is in dispute)

(c) Holding (the applied rule of law)

(d) Rationale (reasons for the holding)

If you include nothing but these four elements, you should have everything you need in order to recall effectively the information from the case during class or several months later when studying for exams.

Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Dicta. Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use. To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.

Elements that you may want to consider including in addition to the four basic elements are:

(e) Dicta (commentary about the decision that was not the basis for the decision)

(f) Dissent (if a valuable dissenting opinion exits, the dissent’s opinion)

(g) Party’s Arguments (each party’s opposing argument concerning the ultimate issue)

(h) Comments (personal commentary)

Personal comments can be useful if you have a thought that does not fit elsewhere. In the personal experience of one of the authors, this element was used to label cases as specific kinds (e.g., as a case of vicarious liability) or make mental notes about what he found peculiar or puzzling about cases. This element allowed him to release his thoughts (without losing them) so that he could move on to other cases.

In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements:

(1) Facts of the case (what actually happened, the controversy)

(2) Procedural History (what events within the court system led to the present case)

(3) Judgment (what the court actually decided)

Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true. One subject in which Procedure History is virtually always relevant is Civil Procedure.

When describing the Judgment of the case, distinguish it from the Holding. The Judgment is the factual determination by the court, in favor of one party, such as “affirmed,” “reversed,” or “remanded.” In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment.

Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece.

The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.

D. EXTRACTING THE RELEVANT INFORMATION: ANNOTATING AND HIGHLIGHTING

So now that you know the basic elements of a brief, what information is important to include under each element? The simple answer is: whatever is relevant. But what parts of a case are relevant? When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief. Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.

What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.

What issues and conclusions are relevant to include in a brief? There is usually one main issue on which the court rests its decision. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case. Be sure to distinguish the issues from the arguments made by the parties. The relevant issue or issues, and corresponding conclusions, are the ones for which the court made a final decision and which are binding. The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts.

What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

A brief should be brief! Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them.

Do not get discouraged. Learning to brief and figuring out exactly what to include will take time and practice. The more you brief, the easier it will become to extract the relevant information.

While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook. The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process.

Annotating Cases

Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit. Cases are so dense and full of information that you will find yourself spending considerable amounts of time rereading cases to find what you need. An effective way to reduce this time is to annotate the margins of the casebook. Your pencil (or pen) will be one of your best friends while reading a case. It will allow you to mark off the different sections (such as facts, procedural history, or conclusions), thus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.

You might be wondering why annotating is important if you make an adequate, well-constructed brief. By their very nature briefs cannot cover everything in a case. Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier. Whether you return to a case after a few hours or a few months, annotations will swiftly guide you to the pertinent parts of the case by providing a roadmap of the important sections. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.

Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.

In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.

When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. As you hit these elements (or what you think are these elements) make a mark in the margins. Your markings can be as simple as “facts” (with a bracket that indicates the relevant part of the paragraph). When you spot an issue, you may simply mark “issue” or instead provide a synopsis in your own words. When a case sparks an idea — write that idea in the margin as well — you never know when a seemingly irrelevant idea might turn into something more.

Finally, when you spot a particularly important part of the text, underline it (or highlight it as described below).

With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue(s), the facts, the holding, and the relevant parts of the analysis.

Pencil or pen — which is better to use when annotating? Our recommendation is a mechanical pencil. Mechanical pencils make finer markings than regular pencils, and also than ballpoint pens. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine. A mechanical pencil will also give you the freedom to make mistakes without consequences. When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts. With a pencil, however, the ability to erase and rewrite removes this problem.

Highlighting

Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information.

Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.

If annotating and highlighting are so effective, why brief? Because the process of summarizing a case and putting it into your own words within a brief provides an understanding of the law and of the case that you cannot gain through the process of highlighting or annotating.

The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.

What should you highlight? Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale.

Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. In addition, Highlighters are particularly useful in marking off entire sections by using brackets. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.

Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text. You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case. Whatever you choose to do, make sure that it works for you, regardless of what others recommend. The techniques in the remainder of this section will describe ways to make full use of your highlighters.

First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Yellow, pink, and orange are usually the brightest. Depending on the brand, purple and green can be dark, but still work well. Although blue is a beautiful color, it tends to darken and hide the text.

Therefore we recommend that you save blue for the elements that you rarely highlight.

For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color. Consider using yellow for the text that you tend to highlight most frequently. Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. If you do this, however, you will exhaust your other colors much faster than yellow and this will require that you purchase an entire set of new highlighters when a single color runs out because colors such as green are not sold separately. If instead you choose to use yellow on a more frequently highlighted section such as the Analysis, when it comes time to replace your yellow marker, you will need only to replace your yellow highlighter individually. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the

Facts and the Analysis, while the Issues and Holdings demanded the least. Other Considerations and

Procedural History required lots of highlighting in particular cases although not in every case.

Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. That way, when you come back to the first cases of the semester, you will not be confused with multiple color schemes. The basic sections of a case for which you should consider giving a different color are:

• Procedural History

• Issue (and questions presented)

• Holding (and conclusions)

• Analysis (rationale)

• Other Considerations (such as dicta)

Not all of these sections demand a separate color. You may find that combining Facts and Procedural History or Issues and Holdings works best. Furthermore, as mentioned above, some sections may not warrant highlighting in every case (e.g., dicta probably do not need to be highlighted unless they are particularly important). If you decide that a single color is all that you need, then stick to one, but if you find yourself highlighting lots of text from many different sections, reconsider the use of at least a few different colors. Highlighters make text stand out, but only when used appropriately. The use of many colors enables you to highlight more text without reducing the highlighter’s effectiveness. Three to four colors provides decent color variation without the cumbersomeness of handling too many markers.

Once you are comfortable with your color scheme, determining exactly what to highlight still may be difficult. Similar to knowing what to annotate, experience will perfect your highlighting skills. Be careful not to highlight everything, thus ruining your highlighters’ effectiveness; at the same time, do not be afraid to make mistakes.

Now that we have covered the basics of reading, annotating, highlighting, and briefing a case, you are ready to start practicing. Keep the tips and techniques mentioned in this chapter in mind when you tackle the four topics in the remainder of this book. If you have difficultly, refer back to this chapter to help guide you as you master the case method of study and the art of using the common law.

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Five Tips for a Great Legal Writing Assignment

September 25, 2012 By Lee Burgess 2 Comments

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  • Follow the format outlined by your professor. It is likely your legal writing professor has given you instructions for the overall format of your legal writing assignment. In addition, your professor may have given you formatting instructions for the body of your assignment, such as that you need to follow IRAC. Whatever the instructions, follow them . Sure, you may think it is an overly formal or a frustrating way to write—but to be honest, no one cares. You need to write for your professor . It is more important to write in the way your professor has outlined, than as you personally prefer. And it is not going to be the last time your writing will need to conform to someone else’s rules. As a working attorney you often need to write in the format requested by your boss or even by the court. So get used to it!
  • Remember, your writing doesn’t need to be full of legalese—the best legal writing is often simple! So many law students make the mistake of thinking that to “sound like a lawyer” they must use every possible legal term out there. This is just not the case. Often the most effective legal writing is very clear and concise and only uses legal terms or “legalese” when appropriate (say, when you are using a term of art). It is also important to work on writing in a clear, concise way because your assignments may have maximum word count. So using extra words to sound “more professional” won’t really help your grade in the end.
  • Answer the question asked by your assignment. Often students get so caught up in writing their assignment that they forget to focus on the question that was asked of them. It is important to read and re-read (and even read again) the assignment sheet. You don’t want to make a mistake and write something off topic. Remember, answering the question is key to getting a good grade!
  • Plan before you write. A great legal writing assignment is organized. And for most of us this means that you need to plan your paper just as you would plan an essay or any other project. Organization is key and it takes time to sit with the research and develop your answer. Make sure you build this time into your plan of how you are going to get your assignment done.
  • Proofread and double-check citations. As an attorney-in-training, it is very important to present yourself in a professional way. That means that you need to proofread your assignments to present yourself in a professional way to your professor as well. If your assignment is riddled with typos, it is distracting for the professor and likely will cause your grade to drop. Also, students often are lax when handling citations. You are typically graded on the accuracy of your citations. Citations are not hard, but you must be detail oriented and look things up! I have seen many a legal writing grade go down because students didn’t spend adequate time or energy on citations. Don’t let this happen to you.

Legal writing, like most things, gets easier the more that you do it. So do every practice assignment assigned and get as much feedback as you can. This will help you become an excellent legal writer, which is a critical skill in our profession.

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Assignment is a legal term whereby an individual, the “assignor,” transfers rights, property, or other benefits to another known as the “ assignee .”   This concept is used in both contract and property law.  The term can refer to either the act of transfer or the rights /property/benefits being transferred.

Contract Law   

Under contract law, assignment of a contract is both: (1) an assignment of rights; and (2) a delegation of duties , in the absence of evidence otherwise.  For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.  That is, this assignment is both: (1) an assignment of A’s rights under the contract to the $50; and (2) a delegation of A’s duty to teach guitar to C.  In this example, A is both the “assignor” and the “delegee” who d elegates the duties to another (C), C is known as the “ obligor ” who must perform the obligations to the assignee , and B is the “ assignee ” who is owed duties and is liable to the “ obligor ”.

(1) Assignment of Rights/Duties Under Contract Law

There are a few notable rules regarding assignments under contract law.  First, if an individual has not yet secured the contract to perform duties to another, he/she cannot assign his/her future right to an assignee .  That is, if A has not yet contracted with B to teach B guitar, A cannot assign his/her rights to C.  Second, rights cannot be assigned when they materially change the obligor ’s duty and rights.  Third, the obligor can sue the assignee directly if the assignee does not pay him/her.  Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.

            (2) Delegation of Duties

If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor.  It can only be delegated if the promised performance is more commonplace.  Further, an obligee can sue if the assignee does not perform.  However, the delegee is secondarily liable unless there has been an express release of the delegee.  That is, if B does want C to teach guitar but C refuses to, then B can sue C.  If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.

Lastly, a related concept is novation , which is when a new obligor substitutes and releases an old obligor.  If novation occurs, then the original obligor’s duties are wiped out. However, novation requires an original obligee’s consent .  

Property Law

Under property law, assignment typically arises in landlord-tenant situations.  For example, A might be renting from landlord B but wants to another party (C) to take over the property.   In this scenario, A might be able to choose between assigning and subleasing the property to C.  If assigning , A would be giving C the entire balance of the term, with no reversion to anyone whereas if subleasing , A would be giving C for a limited period of the remaining term.  Significantly, under assignment C would have privity of estate with the landlord while under a sublease, C would not. 

[Last updated in May of 2020 by the Wex Definitions Team ]

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Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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The Associated Press

Republican Michigan lawmaker loses staff and committee assignment after online racist post

A Republican lawmaker in Michigan lost his committee assignment and staff Monday, days after posting an image of a racist ideology on social media.

House Speaker Joe Tate, a Democrat who is Black, said he will not allow the House to be a forum for “racist, hateful and bigoted speech.”

State Rep. Josh Schriver, who is white, shared a post on X — formerly known as Twitter — that showed a map of the world with Black figures greatly outnumbering white figures, along with the phrase, “The great replacement!”

The conspiracy theory says there’s a plot to diminish the influence of white people.

Schriver, who represents portions of Oakland and Macomb counties, can vote on the House floor. But Tate removed him from a committee and told the House Business Office to oversee his staff members, who still can assist constituents.

“Representative Schriver has a history of promoting debunked theories and dangerous rhetoric that jeopardizes the safety of Michigan residents and contributes to a hostile and uncomfortable environment for others," Tate said.

A message seeking comment from Schriver wasn't immediately returned. He defended his social media post last week.

“I’m opposed to racists, race baiters and victim politics,” Schriver told The Detroit News. “What I find strange is the agenda to demoralize and reduce the white portion of our population."

Schriver was elected to a two-year term in 2022. Gov. Gretchen Whitmer, a Democrat, released a statement Friday calling his post "abhorrent rhetoric."

“We will never let those who stoke racial fears divide us," she said.

Follow Ed White on X at https://twitter.com/edwritez

Rep. Josh Schriver on the floor of the Michigan House of Representatives, at the Michigan Capitol, in Lansing, Mich., on Oct. 10, 2023. The Republican lawmaker, Schriver, in Michigan lost his committee assignment and staff Monday, Monday, Feb. 12, 2024, days after posting an image of a racist ideology on social media. House Speaker Joe Tate, a Democrat who is Black, said he will not allow the House to be a forum for “racist, hateful and bigoted speech.” (David Guralnick/Detroit News via AP)

Senate poised to pass biggest piece of tech regulation in decades

With more than 60 backers, an updated kids online safety act finally has a path to passage in the senate but faces uncertainty in the house.

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After months of negotiations, senators announced Thursday that a sprawling bill to expand protections for children online had secured more than 60 backers, clearing a path to passage for what would be the most significant congressional attempt in decades to regulate tech companies.

The Kids Online Safety Act, or KOSA, first introduced in 2022 , would impose sweeping new obligations on an array of digital platforms, including requiring that companies “exercise reasonable care” to prevent their products from endangering kids. The safeguards would extend to their use of design features that could exacerbate depression, sexual exploitation, bullying, harassment and other harms.

The measure would also require that platforms enable their most protective privacy and safety settings by default for younger users and offer parents greater tools to monitor their kids’ activity.

Sens. Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) unveiled a fresh version of the bill Thursday with more than a dozen new co-sponsors, including Senate Majority Leader Charles E. Schumer (D-N.Y.), updating it in part to assuage long-running concerns by human rights groups that it could be weaponized to target LGBT youths and stifle speech online.

If passed, it would become the first major consumer privacy or child online safety measure to clear a chamber of Congress in decades. Congress has failed to pass major new internet laws despite years-long attempts to rein in Silicon Valley giants.

What would KOSA require technology companies to do?

  • “Exercise reasonable care” when designing features to avoid causing or exacerbating problems such as depression, bullying and harassment.
  • Limit who can talk to youths through their online accounts.
  • Limit design features, such as infinite scrolling or notifications, that keep younger users online.
  • Make it easy for youths to delete their accounts and data.
  • Make younger users’ accounts default to the most protective privacy and safety settings.
  • Provide easy-to-use parental controls, including the ability to see and change their children’s privacy settings.
  • Allow parents to see the total time their children are spending on a platform and set restrictions.
  • Allow parents and educators to easily report harm to the companies.

Even if KOSA is taken up and passed in the Senate, however, it cannot become law without significant new support in the House, where it has yet to be introduced amid disputes between the two chambers over which tech issues to prioritize. Children’s safety advocates have expressed optimism that by passing KOSA, the Senate could put pressure on the House to follow suit.

“This overwhelming bipartisan support for the Kids Online Safety Act … reflects the powerful voices of young people and parents who want Congress to act,” Blumenthal and Blackburn said in a joint statement.

The proposal gained significant traction in Washington amid mounting bipartisan concern that social media platforms could deepen mental health issues among kids and teens and expose children to dangerous material online.

The push gained major backers, including President Biden , who endorsed the bill in July, saying of KOSA: “Pass it. Pass it. Pass it.”

But after dozens of human rights, digital rights and tech industry groups opposed the bill , citing concerns that state enforcers could use its provisions to target young LGBT users, its future has been uncertain.

The updated version seeks to head off concerns by stripping key enforcement powers from state attorneys general and giving regulators at the Federal Trade Commission a more central role in overseeing its protections. Blumenthal’s office released a letter from more than a half-dozen LGBT rights groups rescinding their opposition to the measure due to the changes.

The groups, which include GLAAD and the Human Rights Campaign, said the adjustments lawmakers made to KOSA “significantly mitigate the risk of it being misused to suppress LGBTQ+ resources or stifle young people’s access to online communities.”

The measure already had backing from nearly half the Senate, but senators announced new support from key lawmakers, including Sen. Ted Cruz (Tex.), the top Republican on the Commerce Committee, and Schumer, who ultimately decides whether and when bills get taken up on the floor. Senators made the proposal a significant focus during a recent high-profile hearing on child safety with the CEOs of Meta, TikTok and other tech firms.

Parental groups played a key role in securing additional Senate backers, according to a person with knowledge of the negotiations, who spoke on the condition of anonymity to describe the private discussions. Their pleas for action at last month’s hearing — where Meta CEO Mark Zuckerberg apologized for the suffering their families have endured — helped make support “snowball,” they said.

The Senate’s filibuster rules typically force lawmakers to secure at least 60 votes out of the 100-member chamber to pass most legislation, a milestone the bill’s backers are now poised to clear. While its sponsors did not say when the bill could be taken up on the floor, Schumer said he planned to work with Blumenthal and Blackburn to “advance” it.

But the bill, which lacks a House companion, still faces an unclear path to becoming law.

While senators have largely focused on advancing more stringent protections for children and teens online, House lawmakers have devoted their energy to attempting to pass a so-called comprehensive data privacy bill that would expand safeguards for all users, not just kids. The key House committee in 2022 cleared a landmark privacy bill , but the push has since stagnated.

Common Sense Media CEO Jim Steyer, whose group advocates for stronger protections for kids online and is closely allied with the Biden administration, said the House, “will either join the Senate … or they will be viewed as the reason Congress failed to make the internet healthier and safer for kids, teens and families.”

The impasse between House and Senate leaders has created a regulatory vacuum that state legislators have increasingly sought to fill by passing their own privacy and child safety bills . But states’ child safety efforts have faced numerous legal setbacks, with industry groups winning early legal challenges to halt laws that would otherwise impose stricter safety obligations on tech companies or require that parents sign off on their teens’ social media use.

State attorneys general, meanwhile, have launched a flurry of investigations into the ways social media platforms could be hurting kids by deploying addictive design features, culminating in a barrage of lawsuits against Facebook and Instagram parent company Meta in October.

Efforts to broaden protections for children online gained momentum after Facebook whistleblower Frances Haugen disclosed internal research in 2021 showing that the company’s platforms at times worsened body image issues among some teenage girls. After the disclosures, Blumenthal and Blackburn launched an investigation that included hearing from Haugen at a blockbuster session and ultimately led to the creation of KOSA.

Despite dozens of congressional grillings with tech executives and years of hand-wringing over social media’s potential dangers, lawmakers on Capitol Hill have passed no significant new measures in decades to restrict how platforms handle users’ activity and data.

Lawmakers in 2018 passed a law to open tech companies up to greater liability if they facilitated sex trafficking online but have failed to convert on countless other legislative efforts on tech.

Another group of senators has called for the chamber to take up a separate package of bills aiming to make it easier for users to sue tech companies over child sexual images online. Senators have suggested the bills could move together in one package along with KOSA, but it’s not immediately clear whether the other proposals have sufficient support to pass.

Two industry trade groups, NetChoice and the Chamber of Progress, said the latest version of the KOSA did not change its underlying problems.

“This is a fresh coat of election-year paint on a rotten bill,” said Chamber of Progress CEO Adam Kovacevich, whose group receives funding from Google, Apple and Amazon. (Amazon founder Jeff Bezos owns The Washington Post.) Some tech companies, including Snap and X, have endorsed the bill, as has gaming giant Nintendo.

“With new changes to strengthen the bill and growing support, we should seize this moment to take action,” Blumenthal and Blackburn said.

Rachel Lerman contributed to this report.

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How tech companies would be affected by the Kids Online Safety Act

Don

NPR's Don Gonyea talks with reporter Lauren Feiner at The Verge about the updated Kids Online Safety Act. It has strong bipartisan Senate support, but critics worry about privacy and censorship.

DON GONYEA, HOST:

How to keep kids safe online - it's a question that has stumped lawmakers for decades. Even so, there is increasing interest in doing something about it. Last month, senators grilled big tech leaders who were summoned to Capitol Hill. Here's what Senator Lindsey Graham said to Meta CEO Mark Zuckerberg.

(SOUNDBITE OF ARCHIVED RECORDING)

LINDSEY GRAHAM: Mr. Zuckerberg, you and the companies before us - I know you don't mean it to be so, but you have blood on your hands. You have a product...

GRAHAM: You have a product that's killing people.

GONYEA: Then last week, senators introduced a new version of the Kids Online Safety Act. It's aimed at protecting children and teens from harmful and abusive content online. It has strong bipartisan support, and it could be the first big regulation on this topic to make it out of the Senate or the House in years. Here to talk about the future of that bill is Lauren Feiner, a senior policy reporter at The Verge. Welcome, Lauren.

LAUREN FEINER: Thanks for having me.

GONYEA: So it's hard to argue with the idea that online safety for young people is important. Obviously, though, the big question is how to regulate these big platforms. What answer have they come up with? What would this bill require of the companies?

FEINER: So basically, what it would do is both provide for the companies to give certain safeguards for kids that use their platforms. It would also create ways for parents to have more control over things like their kids' privacy settings on their accounts. And really importantly, it would create a duty of care for the platforms to really think about if their tools will be safe for kids to use.

GONYEA: Just that phrase, duty of care - can you just parse that out for me?

FEINER: Yeah. So it really creates a legal obligation on these platforms to take reasonable steps to prevent specific harms that could come to kids on their platform - things like preventing the promotion of suicide or sexual exploitation or substance abuse. So this bill doesn't require age verification in particular. It basically says if a platform can reasonably think that a kid is using their platform - that they have to take these steps to protect them proactively.

GONYEA: Companies are worried about getting sued.

FEINER: Yes, absolutely.

GONYEA: This bill was actually first introduced two years ago. And back then, many advocacy groups believed it might actually endanger young people, possibly by subjecting LGBTQ teens to surveillance through parental controls or by limiting their access to information. But now I understand that some of the groups that opposed it back then are actually getting on board.

FEINER: Yeah, so there's actually a group of LGBTQ+ advocacy groups that have not necessarily given their support to the bill but at least said, we are not going to stand in the way of this bill becoming law any longer because we feel like the changes made at least make us feel like the worst outcomes we were afraid of won't happen as a result of this. But at the same time, you see other groups that feel like that's not enough. They acknowledge that that's a good step forward, but they feel like there's still a long way to go.

GONYEA: OK, to that end, we are going to hear right now from Aaron Mackey. He's a staff attorney at the Electronic Frontier Foundation. He said this to NPR.

AARON MACKEY: Paradoxically, what KOSA does is it removes the ability for teens and children to find information when they are experiencing the very sort of health problems and other problems that KOSA is trying to address. So what I would say is that I - while I appreciate where Congress' intentions are, the result is actually going to be more harmful to kids than helpful.

GONYEA: So again, he used that term KOSA, Kids Online Safety Act. And the things he raises there - these are some pretty fundamental worries about censorship.

FEINER: Yeah, I mean, I think it is a legitimate question to wonder, who's to say what is appropriate for kids or what will harm their mental health? You know, I think the bill does try to be more specific in the kinds of harms it's looking to mitigate. But at the same time, you know, companies really don't like ambiguity. They don't like legal gray area. And this creates a lot more questions for them. Some groups have questioned whether this bill will stand up to the First Amendment, as well, so that's something that remains to be seen, too.

GONYEA: And even if this bill clears the Senate, what do we anticipate will happen if, when it gets to the U.S. House?

FEINER: I mean, that's still a big question. Despite all the support that we see in the Senate behind this bill, the House still doesn't have a piece of companion legislation to it. So they're going to have to, in a way, start from scratch over there. And it doesn't take an expert in Congress to see how the House has been operating these days, so that could still be an uphill battle.

GONYEA: All right. Sounds like it's likely a long road ahead, still, for the Kids Online Safety Act. Lauren Feiner, senior policy reporter at The Verge, thanks for joining us.

FEINER: Thanks for having me.

Copyright © 2024 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

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Sam Waterston Exits 'Law & Order' After Almost 30 Years: How Jack McCoy Was Written Off the Show

'law & order': sam waterston exits after nearly 30 years in franchise as ada jack mccoy, taylor swift and sabrina carpenter duet 'white horse' at eras tour -- watch, selena gomez says she feels ‘safest’ with boyfriend benny blanco, jon gosselin wants to get in ‘best shape’ of his life before marrying girlfriend (exclusive), why taylor swift fans suspect 'the albatross' bonus track is about ex joe alwyn, ‘law & order’ flashback: watch sam waterston’s first on-set interview in 1994, ‘mea culpa’: kelly rowland and trevante rhodes on instant on-set chemistry (exclusive), reba mcentire reveals how long she sees herself on ‘the voice’ (exclusive), ‘love is blind’ star jeramey lutinski addresses claims he was engaged when he applied for show, ‘masterchef junior’: gordon ramsay returns for season 9 with daughter tilly (exclusive), katy perry reunites with taylor swift, dances to ‘bad blood’ at eras tour, flavor flav claims miley cyrus smacked him when he mistook her for this star, mama june and pumpkin tear up over anna’s refusal to plan for her kids' future (exclusive), travis kelce kisses taylor swift after her first eras show in sydney, selena gomez craves makeout sessions in steamy 'love on' music video, 'the voice' coaches welcome dan + shay for 'amazing' season 25 (exclusive), 'avatar: the last airbender': daniel dae kim and paul sun-hyung lee on key changes (exclusive), 'avatar: the last airbender' cast on who is most like their character (exclusive), 'love is blind's jimmy and chelsea react to megan fox comparison going viral (exclusive), 'little people, big world's zach and tori roloff leaving reality series, the actor first joined the crime procedural in 1995 during season 5..

It was an emotional Thursday evening for Law & Order fans as Sam Waterston 's District Attorney Jack McCoy made his exit from the hit crime procedural after nearly three decades.

NBC previously announced Waterston's intention to leave the series, as he will be replaced by Scandal star Tony Goldwyn . While viewers knew about Waterston's departure after more than 400 episodes, Jack McCoy's exit proved to be shocking. 

The season 23 episode, titled "Last Dance," featured the district attorney's office investigating the murder of a woman in Central Park. The trail involves a tech mogul with ties to the mayor. Despite the mayor's threats to McCoy, the DA's office still pursues the case, leading McCoy to take over for Executive Assistant District Attorney Nolan Price (Hugh Dancy) as the prosecution. 

"When I was elected district attorney, I gave a pledge to the citizens of New York to act fairly and ethically without bias or favor, to always act with integrity," McCoy says in his final closing argument. "During my time as district attorney, I’ve tried to uphold that sacred oath in the pursuit of justice, and now, members of the jury, it’s your turn to act fairly and ethically without bias or favor and to find the defendant Scott Kelton guilty of murder."

McCoy and the DA's office won the case, but McCoy shocked Price by sharing that he had tendered his resignation. 

"I've been thinking about this for a while. It’s time. It just is," he said.

"Look, the mayor is a vindictive son of a b**ch ... and he’s going to bury everyone who wronged him, including you, especially you. If I step aside now, the governor will be able to appoint someone new, someone with integrity," he added, seemingly referencing Goldwyn's upcoming entrance as DA Nicholas Baxter. 

Noting "it's been a hell of a ride," McCoy and Price cheers each other. The episode ends with McCoy giving the courthouse one last look before walking away. 

In addition to his character's exit, Waterston also took the opportunity to address what the past 30 years has meant to him in a touching farewell address, which NBC's Law & Order account posted on Thursday. 

"Dear friends, no one not in my situation can appreciate the sadness of this parting," Waterston said. "To this place and the kindness of these people, I owe everything. Here I have lived for a quarter of a century and gone from a young to an old man. If 25 or 30 years doesn't matter, then nothing matters at all and that's what this has been. This is just amazing, and I have had a privilege that practically nobody in show business has, to be involved over that long period of time with different people but the same community." 

Waterston first appeared on Law & Order as Jack McCoy in 1994, joining the show's fifth season. He also made appearances in Homicide: Life on the Street, Exiled: A Law & Order Movie, Law & Order: Special Victims Unit , and Law & Order: Trial by Jury as Jack McCoy. He went on to appear in 405 episodes of  Law & Order.

He was nominated for three Emmy Awards for the role as well as a Golden Globe. In 1999 he won a SAG Award for his performance in addition to the 10 other SAG nominations he received. 

Law & Order airs Thursdays at 8 p.m. ET on NBC. 

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