9Th Circuit Will Rehear Case On The Right To Buy Arms

The Second Amendment, a Ninth Circuit panel ruled in a 2-1 decision last May, protects not just the right to bear arms for self-defense, but the “right to acquire weapons for self-defense.” The ruling came after a challenge to an Alameda County zoning law that allegedly barred all new gun stores in unincorporated areas. It meant that gun store regulations could be subjected to Second Amendment scrutiny, requiring the government to provide a strong public-safety justification for such restrictions....

October 7, 2022 · 3 min · 452 words · Mary Guin

Court Upholds Investors Fraudulent Transfers Affirmative Defense

The Eleventh Circuit Court of Appeals jumped on the Kirk Wright Ponzi scheme adjudication bandwagon this week, finding that a bankruptcy trustee could not avoid and recover transfers for value that had been made to investors in the scheme. Kirk Wright formed the International Management Associates, LLC, and several related entities (the Debtors) purportedly to manage and operate them as hedge funds, each of which was structured either as a limited liability company or a limited partnership....

October 7, 2022 · 3 min · 436 words · Greg Bolling

Exact Match Voter Id Law In Georgia Tossed By Federal Judge

By the time voters exit the polls in Georgia, the “exact match” and the shooting match will be over. They will have chosen a new governor, and the decision in Georgia Coalition for the People’s Agenda v. Kemp won’t matter. A judge had ruled the state’s “exact match” voter identification requirement was an undue burden on voters. It could have been an issue in the race for governor between Democrat Stacey Abrams and Secretary of State Brian Kemp....

October 7, 2022 · 2 min · 375 words · Antonio Toliver

Facebook Buying Ai To Help Fight Fake News

Facebook is buying a startup that uses AI to spot fake news, and the company is going to need it. After the disaster named Cambridge Analytics, Facebook has been fighting a losing public relations battle about fake news. The founder was dragged before Congress to testify about how Facebook users were targeted with propaganda to influence the 2016 presidential election. If that weren’t enough, Facebook algorithms recently branded passages of the Declaration of Independence as hate speech....

October 7, 2022 · 2 min · 369 words · Lorene Jones

Finding Fair Use Precedent Just Got Easier

People don’t give the Library of Congress enough credit. The Library knows that none of its information is useful if it can’t be … used. To that end, the Copyright Office has put out a handy new tool for any one working in copyright law. Their new Fair Use Index search tool allows you to pull up relevant cases in a snap – leaving you more time to spend reading something really interesting....

October 7, 2022 · 2 min · 411 words · Dwayne Mcdougle

Fla Out Of State Gay Marriage Challenge Brought By Aclu

Gay marriage advocates aren’t skipping a beat in the Eleventh Circuit, as the ACLU has filed suit on behalf of eight gay couples challenging Florida’s refusal to acknowledge out-of-state gay marriages. According to a press release, the American Civil Liberties Union (ACLU) filed suit on Thursday, naming Florida Gov. Rick Scott and Attorney General Pam Bondi as defendants in seeking to have the Sunshine State recognize legal same-sex marriages performed in other states....

October 7, 2022 · 3 min · 562 words · Christopher Guillory

Free Law Firm Growth Calculator Lets You Set Path For Success

We all want to grow our firm’s business, but what exactly do we need to achieve our goals? Thankfully, there’s a simple, interactive tool available that can help firms find out just what they need to meet their growth goals. Sure, you could calculate the numbers on your own, but what fun is that? Plus, lawyers aren’t known for their great math skills. So, if you want to grow your law firm business, the new law firm growth calculator from FindLaw Lawyer Marketing will help you set your goals and grow your bottom line – for free....

October 7, 2022 · 3 min · 443 words · Alvin Williams

How Social Media Is Changing The Way We Litigate

There’s an endless supply of cute cat pics on Instagram. Facebook is great for finding out what your aunt thinks about Donald Trump. And Twitter is – well, Twitter is still figuring things out. But, while we use social media to connect, communicate, and consumer, these websites and services are actively changing the way we litigate, offering new sources of evidence and raising novel ethical issues. Social media platforms can be important research tools....

October 7, 2022 · 3 min · 547 words · Juan Ditzel

How To Trash Talk Like Avenatti

There’s no doubt that Michael Avenatti is a force to be reckoned with in the media. His television appearances get attention not just because his high-profile cases are hot news topics, but because he knows how to present himself. That’s why when Avenatti talks trash, or shuts down another lawyer or a pundit, he still gets invited back again and again to appear on TV. And regardless of how you personally feel about him, there’s no denying he’s built a lasting personal brand on a national level, that goes beyond just his personal hashtag, to a recognizable public persona....

October 7, 2022 · 3 min · 568 words · Ryan Allison

Judge Judy Settles With Lawyer Over Tv Ad 3 Lessons For Your Firm

Judge Judy – yes, that Judge Judy – has reached a settlement with a Connecticut lawyer accused of using images from her TV show in his own commercial, TMZ reports. The fact that this case exists at all seems silly, because as Judge Judy so astutely noted, “Mr. Haymond is a lawyer and should know better.” Here are three takeaways from Judge Judy’s real-life legal predicament that, hopefully, you knew already:...

October 7, 2022 · 2 min · 384 words · Patrica Sandoval

Law Firms Shamed For Discovery Gamesmanship

A $500 discovery sanction will not break any lawyer’s bank. But a sanction for “discovery gamesmanship” will put any law firm on the walk of shame. That’s what happened recently to law firms in a federal case. Baker Donelson and Corr Cronin were each ordered to pay $500 for trying to skewer an opponent for serving a response late – one minute late. Time Zones It was an argument over time zones....

October 7, 2022 · 2 min · 409 words · Nina Benton

Linkedin Hits 100 Million Users New Clients May Await You

A group of lawyers was recently talking about LinkedIn and the Facebook-like invitations for new “friends” they receive. Many attorneys said they ignored the invitations because they didn’t know who they were. Seriously? LinkedIn, after all, is a professional networking site. Most attorneys who have a profile on LinkedIn are likely there to expand their network of professionals and potential clients. And since the site just announced they now have 100 million registered users in more than 200 countries, there are a lot of good reasons to be accepting those LinkedIn invitations....

October 7, 2022 · 2 min · 335 words · Garry Dipietro

Marriott Fined 600K Jammed Guests Wi Fi In Favor Of Own Service

Once in a while, you have to applaud the villain’s genius. This alleged scheme by Marriott’s Nashville Gaylord Opryland Hotel and Convention Center? Kind of genius. According to the FCC, Marriott jammed convention-goers’ personal Wi-Fi hotspot signals, while charging exorbitant fees for access to Marriott’s own network. Marriott, which reportedly agreed to a $600,000 fine and a three-year consent decree, assured the public that they were merely protecting them. You Will Use Our Internet According to the FCC’s complaint and consent decree, filed Friday, the Commission received a complaint in March 2013 that the Marriott was jamming convention-goers’ personal Wi-Fi hotspots at the Gaylord Opryland....

October 7, 2022 · 3 min · 538 words · Manuel Woolley

Offensive Lawyers That S Not How The Force Works

Social media has become a force in the law, demanding changes in everything from law firms to the judiciary. So it makes sense that lawyers use Twitter, Facebook, and other social media to fight for legal rights. Unfortunately, some attorneys are fighting all wrong. Like one misguided lawyer in Detroit, who belittled a woman attorney on social media. He just doesn’t get it. First Offense Clifford Woodards II, a criminal defense attorney and former radio host, got in trouble for criticizing a lesbian lawyer on Facebook....

October 7, 2022 · 2 min · 333 words · Nova Seale

Oil Spill Damages Remanded Due To Sloppy Analysis

If anyone can remember law school, did you have a paper that was sent back to you with the damning message “REDO” or “See Me” in fat red ink on the title page? Well, the Fifth Circuit’s decision in U.S. v. Citgo is pretty much their version of that, spanking the Western District of Louisiana court for failing to do the admittedly complicated analysis required to calculate damages from a 2006 Citgo oil spill....

October 7, 2022 · 4 min · 666 words · Charles Cloutier

Proposed White House Cybersecurity Incentives Could Pay Off

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the Internet. Cyber threats are real and they’re on the rise. In this climate, the White House is considering certain incentives for companies that follow government recommended cybersecurity measures. While the Cyber Intelligence Sharing and Protection Act (CISPA) passed the House in April, the Obama administration’s cybersecurity program is only just taking shape, and its tentative concepts were recently unveiled....

October 7, 2022 · 3 min · 500 words · Shayna Crosley

Sf Landlords Lose Challenge To Tenant Buyout Law

San Francisco, known for its steep hills, foggy cold weather, high hippies, and high rent, has successfully defended a challenge to its landlord buyout law. It’s no secret: Because of the critical lack of housing in San Francisco, as well as the high demand from high income earners, the rent and housing prices are simply out of control. Complicating matters for landlords, San Francisco has some of the strongest renters’ protections in the country, including such strong eviction restrictions that landlords often will pay tenants to move out rather than go through an eviction....

October 7, 2022 · 2 min · 316 words · Diana Plaisance

The Importance Of A Good Law Firm Tagline

Can you name the movie associated with the phrase “In space, no one can hear you scream”? How about “Just when you thought it was safe to go back in the water”? What product comes to mind when you hear “Don’t leave home without it”? The answers, of course, are “Alien,” “Jaws 2,” and American Express. A good tagline piques an audience’s interest, gives them some information about the product, and sticks with them....

October 7, 2022 · 3 min · 514 words · Marie Williams

Two 5Th Cir Cases That Might Be Headed To Scotus

The Fifth Circuit never fails at providing an abundance of cases for the Supreme Court to hear. With about a month and a half left in the term, the Court has several petitions from the Fifth Circuit itself – as well as other courts in that circuit – to consider. Here are two of the big ones that you should be watching. Again?? The program was apparently successful, resulting in more diversity in the UT system....

October 7, 2022 · 3 min · 455 words · Rhiannon Wagoner

Us V Maroquin Bran No 08 4464

District court’s sentencing of a Guatemalan citizen for illegally re-entering the US following deportation to fifty-seven months in prison and three years of supervised release after applying a sixteen level enhancement is vacated and remanded for resentencing as section 2L1.2(b)(1)(A) requires a prior conviction for a felony that is a drug trafficking offense, not simply a conviction under a statute that criminalizes drug trafficking as well as other activities. Read US v....

October 7, 2022 · 1 min · 159 words · Hunter Favela