Unsolicited Email Requests For Legal Help What Should Lawyers Do

It’s happened to you before: You get an unsolicited email from someone you don’t know, claiming that someone else did something to him and now he wants to sue. You’re pretty sure this person got your email address from the state bar website, because you’ve never heard of this person before. Opening up the email, and the inevitable attachments, you find a litany of charges and poorly constructed pleadings. What should you do now?...

October 18, 2022 · 3 min · 582 words · Maria Margeson

Very Specific Herpes Defense Attorney Sought Signs Of Trouble Clients

Wanted: Young, Black, Female, Muslim Attorney experienced in Herpes defense. That’s the short version of this excruciatingly intricate request from a prominent member of the Marin County, California community. We could make tasteless jokes about the thirty-year age difference between the man-behind-the-ad and his baby mama, or about herpes transmission (eww), but that just wouldn’t be becoming. Instead, we’re just going to use this as an opportunity to warn you of a few signs of the hypothetical client from hell....

October 18, 2022 · 3 min · 555 words · Josef Phelps

What Companies Need To Know About Religious Obamacare Exemptions

Congratulations: Your closely held corporation is a person. And when it comes to religious beliefs, that fictional person, it seems, takes after its figurative parents – its closely held owners. What does the Supreme Court’s landmark Hobby Lobby ruling mean for your company, your religious beliefs, and your requirement to provide either contraceptive coverage or insurance coverage for other services that run contrary to your beliefs? Opposed to Providing Contraceptive Coverage?...

October 18, 2022 · 3 min · 548 words · Joseph Rideout

When Can You Swear In Pleadings

You know you can’t just sling vulgarities at your opponents across the pleaded aisles of the halls of justice. Nevertheless, in pleadings filed across the country, attorneys often struggle with the age old question concerning pejoratives, vulgarities and curse words: Is directly quoting bad or taboo language, without censure, okay in a pleading? This dilemma can often lead to the attorney’s most dreaded nemesis: extreme over-thinking and paralyzing over-analysis, over something that, in effect, is trivial....

October 18, 2022 · 3 min · 437 words · Wanda Wenzel

Bringbackmiles You Need Twitter Accounts For All Company Brands

Pace Salsa really is the best. Hot Pace Picante? Mmmm … so good. It also has (had?) a Twitter account: @Pace_Foods, which stirred up quite the controversy over the weekend. Kyle Kinane, a stand-up comedian, noticed that a ten-month old tweet, accusing the company of using homophobic advertising, was favorited by @Pace_Foods, and responded to with, “GRAB THE SOUTHWEST BY THE BOTTLE.” Kinane tweeted back. Same response. So he did it again, and again, with each anti-Pace tweet being favorited and responded to with the ALL-CAPS command....

October 17, 2022 · 3 min · 569 words · Erik Brothern

3 Mistakes Lawyers Make Hiring A Legal Secretary

The legal secretary is the backbone of any law office, handling a lot of the logistical functions like taking calls, mailing, and scheduling. Because the legal secretary’s work is the foundation for the business side of the law firm, hiring a bad secretary affects everyone in the office. When you’re hiring a new legal secretary, avoid these three mistakes lawyers make so that your new legal secretary is, in a word, awesome....

October 17, 2022 · 3 min · 480 words · Yong Andre

4Th Circuit Announces Two More Un Exciting Rule Changes

Yep, the courts are catching up to WestLaw. After all, who uses hardback reporters anyway? My volumes of Supreme Court Lawyers’ Edition are about 15 years out-of-date and only exist to make me look smart (and compliment my office motif). As part of its effort to catch up with the times, the Fourth Circuit is amending Rule 36(b) and will no longer distribute paper copies of published opinions in slip opinion format to everyone who requests them....

October 17, 2022 · 2 min · 344 words · Jennifer Flores

5 Different Personalities That Come In Handy For Gcs

As general counsel, you will need to wear a lot of different hats. And in taking on your different roles, you may have noticed that different moods and even different personality types can have varying degrees of effectiveness. For example, sometimes it may make sense to be silent and remain behind the scenes advising your company. While at other times, you may want to be vocal and take the lead in discussions....

October 17, 2022 · 2 min · 223 words · Rigoberto Tolley

Advertising Laws And Regulations In House Lawyers Should Know

In-house counsel may be tempted simply to apply a common sense approach to marketing and advertising issues you may encounter. After all, operating on good-faith and honest disclosure works well-enough for general law practice, right? Well, you’d be wrong. Advertising and marketing are actually subject to numerous federal, state, and local laws and regulations. Keeping track of which laws govern which industries can be quite a chore. But it must be done....

October 17, 2022 · 2 min · 288 words · Allen Hall

Android Smartphone Gains Market Share But Is It Right For Attorneys

Google’s Android operating system is rapidly gaining market share in the smartphone world. Analysts expect that by the end of the year it will surpass Apple’s iOS, Research in Motion’s Blackberry, Microsoft Windows phones and Nokia’s Symbian. By 2014, it could become the worlds number one mobile phone operating system. The growth is so massive that according to Google, 200,000 Android phones are activated on a daily basis. That’s not the say that the future of the phone is certain....

October 17, 2022 · 2 min · 404 words · Charles Philips

Appeal Re Permanent Injunction In Shell Co S Suit Against Former Franchisee

Shell Co. (Puerto Rico) Ltd. v. Los Frailes Serv. Station, Inc., No. 09-1279, concerned Shell’s suit against a former franchisee under the Petroleum Practices Marketing Act, and challenges to district court’s grant of Shell’s motion for a permanent injunction and dismissal of defendant’s counterclaims. The district court’s grant of Shell’s motion for permanent injunction is affirmed for the most part, but, the portion of the injunction ordering and compelling defendant to allow Shell to continue in possession of the service station until the expiration of the lease in 2014 is vacated as Shell made no showing of irreparable harm that might justify an order giving it possession of the property for the full term of the lease....

October 17, 2022 · 2 min · 224 words · Bernadette Albin

Are Security Screenings Compensable Under The Flsa

The U.S. Supreme Court has granted a petition to review whether workers at a Nevada warehouse may be entitled to compensation under the Fair Labor Standards Act for time spent going through security screenings while off the clock. Though the case stems from the Ninth Circuit, the High Court’s decision could impact the Eleventh Circuit, especially since the two circuits’ rulings conflict with each other. The Court recently denied pay for changing clothes before work....

October 17, 2022 · 3 min · 527 words · Sherri Jordan

Can Tech Giants Be Sued For Prism Involvement

There have been nine tech giants accused of involvement in the PRISM surveillance according to the information provided by the now out of the jurisdiction Edward Snowden: AOL, Apple, Facebook, Google, Microsoft, PalTalk, Skype, Yahoo, and YouTube. All of these companies who were linked to the PRISM program, according to The Washington Post, have staunchly denied involvement or even knowledge of the surveillance, which seems odd in light of federal law which immunizes them from suit based on their involvement....

October 17, 2022 · 3 min · 501 words · Tracey Delaney

Cbp Agent Caused Disabled Woman To Miscarry Aclu Lawsuit

The ACLU filed a police brutality suit on behalf of a disabled woman who was allegedly abused by border patrol agents and suffered a miscarriage a day after the incident. According to The Texas Tribune, U.S. citizen Laura Mireles alleges that Customs and Border Patrol (CBP) Officer Riano physically and verbally abused her and “applied handcuffs with such force that the fire department had to be called in to remove them....

October 17, 2022 · 3 min · 461 words · John Mcquirk

Does Your Legal Department Need A Code Of Conduct

Without a code of conduct in its legal department, a company is like a rudderless ship. The rudder, a relatively small device on a ship, dictates its direction. In a storm, a rudderless ship will flounder and likely capsize. Likewise, a company will fail without a corporate legal department guided by a code of conduct. It gives lawyers direction and a moral compass in troubled times. Decision-Making According to studies, 73 percent of workers in an organization with a written code of conduct believe it helps them do their jobs....

October 17, 2022 · 2 min · 324 words · Sarah Ferguson

Grand Jury Target Must Turn Over Bank Records

The Fifth Circuit Court of Appeals ruled this week that a grand jury investigation target must turn over records and documents pertaining to foreign bank accounts which were used to evade U.S. taxes, Talk Radio News reports. While a district court had previously held that the target could invoke the Fifth Amendment to avoid disclosure, the appellate court concluded that the government is allowed to demand the documents under the Required Records Doctrine....

October 17, 2022 · 2 min · 385 words · Cynthia Luckhardt

Insider Makes Whistleblower Claim Against Domino S Pizza

Domino’s manipulated reports to approve higher advertising and promotion fees in a scheme to boost stocks and dividends for insiders, according to a new report. In a report to the Securities and Exchange Commission, a corporate insider laid out the alleged scheme. Ultimately, the whistleblower says, officers, board members, and others enjoyed “higher stock prices and dividends through share repurchases and dividend payouts.” The SEC has not filed charges against Domino’s, but the agency will investigate whether the franchisor violated securities laws or was just doing business as usual....

October 17, 2022 · 2 min · 359 words · Cynthia Robbins

Judge Strikes Texas Fetal Abortion Law

A high-profile feud over abortion laws continues in Texas, where a judge stopped – again – a law that would require abortion providers to bury or cremate fetuses. The fetal burial law, set to take effect in February, applies to abortions, miscarriages, and ectopic pregnancies. The decision was a defeat for lawmakers and the state Attorney General’s Office, which defended the statute in Whole Women’s Health v. Smith. Judge David A....

October 17, 2022 · 2 min · 414 words · William Drake

K9 Security Robot Gets Canned By San Francisco Animal Shelter

It’s both the saddest and cutest story ever. After all, it involves an autonomous security robot getting canned by an animal shelter. One of Knightscope’s gloriously cone shaped security robots, aptly named K9, has been taken permanently off duty by the San Francisco SPCA. The SF SPCA got their robot in order to patrol around their building and in their parking lot, allegedly to deter homeless individuals from congregating around the building, and hopefully stem some of crime they’ve been experiencing....

October 17, 2022 · 2 min · 412 words · Cassandra Kelly

Lessons In When To Let It Go Part 2 The Case For Fan Created Content

Earlier this year we wrote a post about Starbucks and its smart non-reaction to a parody coffee shop called Dumb Starbucks, gleaning lessons in when to let it go. A few months later, and Disney is teaching us a similar lesson – and this time really, figuratively and literally, “Let It Go.” For those of you who don’t know the reference, we’re guessing you don’t have a young child in your life....

October 17, 2022 · 2 min · 403 words · Juan Callahan