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The Fifth Circuit Court of Appeals ruled last week that two insurance companies must both defend and indemnify a Louisiana construction company in a copyright infringement lawsuit over architectural plans. Following Louisiana jurisprudence, which requires ambiguities in insurance policies to be interpreted against the insurer, the appellate court applied a “but for” test to determine the extent of the companies’ obligations. In 1996, Looney Ricks Kiss Architects (LRK), a Memphis-based architecture firm, created a design for the Island Park Apartments, which was constructed by companies associated with Steve Bryan....

Can criminal suspects be compelled to decrypt their laptops? Or does the Fifth Amendment prohibit such orders? They can, and it doesn’t, according to a federal judge in Colorado. Judge Robert Blackburn has ordered Ramona Fricosu to provide prosecutors with an unencrypted copy of her laptop hard drive by February 21. The encrypted laptop is believed to contain evidence of wire fraud, bank fraud and money laundering. Fricosu has adamantly refused to share her password, instead choosing to invoke the Fifth Amendment....

Judges have long complained about lawyers’ writing. It’s too verbose, too digressive, too freaking long. Lawyers, in turn, bristle at courts’ word restrictions, bans on space-saving measures like footnotes, and other frustrating constrictions. It’s a battle as old as time – or at least as old as modern litigation. Now some courts are limiting attorney briefs even more than before. In December, federal appellate courts will reduce the maximum brief length by 1,000 words....

Here is an opinion from 1923: Meyer v. State of Nebraska. Here is an opinion from 2013: Shelby County v. Holder. Other than the addition of a syllabus at the beginning, and a few more headings, case law hasn’t changed a bit since 1923. Does that seem strange to anyone else? If you were to reimagine case law, what would it look like? Here are a few ideas. The Supreme Court has syllabi, as does the Ninth Circuit, but the practice is far from universal....

Share prices of Allergan exploded out of the opening bell and topped out with an almost 8 percent gain over the stock’s closing. It’s been a good several trading days for the Ireland-based pharmaceutical company. The lastest jump in prices has been attributed to “preliminary friendly discussions” regarding Pfizer’s proposed takeover of Allergan. If the deal goes through, it stands poised to be largest takeover deal of 2015. Pzifer on the Prowl This is not the first time in recent history the maker of the famed blue pill has tendered an offer to rival pharma-companies....

Drones are really having a moment these days, as everyone from backyard hobbyists to CEOs of major corporations have started to integrate drones into everyday life. However, the law surrounding the unmanned, hovering aircraft is still developing. Think twice, then, before you send a drone out to collect evidence. A federal court in Connecticut ruled that stopping the use of a drone to record the site of a major auto accident does not violate First Amendment rights to free speech and the press....

Personal injury attorneys are showing a strong interest in Snapchat, the instant messaging app – particularly in the app’s filters. No, it’s not because lawyers want to transform their face into a dog or use geofilters and location tags. Rather, it’s because the app, especially its “speed filter” feature, could be contributing to distracted driving and serious car accidents. And now plenty of lawyers are asking clients if Snapchat may have been involved in their accidents....

Plaintiff’s Lawyers wasted no time jumping on top of California businesses that are not complying with a California Supreme Court ruling that stated that ZIP codes are “personal identification information,” meaning that requesting them from consumers is illegal. This could be big news for you if your firm takes plaintiff’s cases or defends against them. You should also advise any businesses that you represent to make sure they no longer collect ZIP codes, unless they meet certain exceptions, such as gas stations that require it at the pump....

The U.S. Supreme Court has denied Virginia gubernatorial candidate and state attorney general Ken Cuccinelli’s request for a stay of the Fourth Circuit ruling that struck down Virginia’s anti-sodomy law as unconstitutional. Cuccinelli had recently filed a petition with the U.S. Supreme Court urging the Court to stay the Fourth Circuit’s decision while justices decide whether to hear the appeal. AG Cuccinelli is a fan of the anti-sodomy law, and is fighting to uphold it....

A phone is stolen or a computer hacked. Suddenly your personal information is being held for ransom. But the hacker doesn’t want cash, he wants sexual favors. “Send nudes,” he says. It’s sextortion, or the abuse of power to obtain a sexual advantage, and it’s a growing cybercrime, with hundreds of individuals becoming victims every day. Yet, despite the increase in hacking-related sextortion, there has been little action taken to craft laws that would fit the crime....

Are sexbots bad or are they just made that way? In a sexually complicated society, it is actually a question for debate. One law professor wants Congress to regulate the developing sexbot industry because it could cause people to act out rape and other sex crimes. “The obvious first step would be to have hearings and do studies to determine just how serious the threat is, whether there are any real benefits to having sexbots programmed to simulate being raped, and then what if any new laws, regulations, etc....

The Eleventh Circuit Court of Appeals was quick to conclude that a step-father who surreptitiously made video records in his step-daughter’s bathroom activities was guilty of producing a form of child pornography. The court slapped him with harsh penalties, including an order to register as a sex-offender. The crux of the matter turned on the issue: Is lascivious exhibition for the purposes of child pornography met when the child is unaware that his or her private area is being recorded for later viewing by a third party?...

Gay marriage is a pretty divisive issue in this country, though it is becoming less so as more states legalize same-sex nuptials. And corporations, typically, steer far away from controversial topics, for obvious reasons. It is refreshing then, to see Ben & Jerry’s join 29 other companies in an “Employers’ Amicus Brief” filed in support of same-sex marriage. The brief urges the U.S. Supreme Court to take the case, and to establish a uniform national rule that respects the rights of same-sex couples to tie the knot....

There are bad habits, and there are worse habits. In a law practice, there are also those habits that are so bad they cost you time and money. Those are the worst. We’re talking about those time-sucking, senseless habits that should have been thrown out with last year’s trash. Here’s a quick self-test to determine if you have fallen into any of them. Worse to Worser Like bad grammar, bad habits can turn a respectable practice into a shabby one....

In an employment discrimination case brought by a former prosecutor of Puerto Rico, summary judgment and dismissal rulings for defendants are affirmed where plaintiff raised no genuine issue as to any material fact that would cause the court to doubt whether the plaintiff had a meaningful opportunity to participate in a pre-termination hearing. Read Calderon-Garnier v. Sanchez-Ramos, No. 08-1284 Appellate Information Appeal from the United State District Court for the District of Puerto RicoDecided August 24, 2009...

When it comes to providing legal services, the future looks increasingly digital. While certain functions may still require in-person contact with clients and people, more and more can be done from the palm of your hand these days. While lawyers can effectively (though maybe not as efficiently) do 99 percent of the job on a smartphone, the apps that cater to legal consumers are generally lacking. This is due to the fact that apps and online services do not generally provide the same level of full service as a traditional law firm does....

It’s time to panic. You have a law school reunion next year, and you need a zinger to let those Order of the Coif members know that you haven’t been resting on your laurels since you last saw them. You may not have clerked for the Supreme Court, but your federal criminal law practice makes Perry Mason look like Vinny Gambini. Why not apply for the Fourth Circuit Court of Appeals’s Criminal Justice Act or Capital Appellate Panels?...

After the massive success of the Apple iPad, Cisco is releasing the Cius in 2011, a tablet designed for business use that runs on Android software. The device (pronounced “see us”) is set up with virtual desktop integration, meaning that the device will provide the same experience as the office computer. In addition, the device will include Cisco collaboration and communication applications, high definition video streaming, multi-way video conferencing and full access to view and edit content stored both on the business premises and in the cloud....

It’s just a matter of time before Francis Rawls will have to man up to some damning technology. You see, Rawls has been sitting in jail two years now for refusing to decrypt his hard drives. A judge held him in contempt in 2015 because he would not unlock encrypted drives connected to his Apple Mac Pro. Why? He says it’s because he has a right not to incriminate himself, but it could be that the sentence for possessing child porn is a lot worse than two years....

A federal appeals court threw out a critical permit for the Mountain Valley Pipeline, sending engineers back to the drawing board. In Sierra Club v. United States Army Corps of Engineers, the U.S. Fourth Circuit Court of Appeals said the defendants could not substitute one construction standard for another to push the pipeline project. The decision was a setback for the pipeline and a win for environmentalists, and it didn’t take long....