How To Lose A 1 4 Billion Lawsuit Fabricate Evidence

What’s a good way to lose a $1.4 billion lawsuit? Well, there are lots of ways, but a great way is to fabricate evidence. That’s what happened in a suit between Moncrief Oil International and Russian oil and gas giant Gazprom, causing Moncrief to drop its suit, according to Forbes. Last week, Moncrief produced what it alleged was a 10-year-old slideshow – with a slide from 2012. Unless Moncrief also specializes in time travel, something went horribly wrong....

September 2, 2022 · 3 min · 560 words · Cynthia Stewart

Louboutin Trademark Decision Affects More Than Fashion

The fashion world has been abuzz with the case of Christian Louboutin v. Yves Saint Laurent (YSL) over red soled shoes. The appellate ruling came out in early September and both sides claimed victory. YSL is now allowed to sell its monochrome shoes that include a red model and Louboutin has received validation that color can sometimes be trademarked in fashion. But if you’re not a fashion enthusiast is the case still relevant?...

September 2, 2022 · 3 min · 443 words · Derrick Fortin

Marathon A G Holding Ltd V Cms Enters Co No 09 20034

In an action for breach of contract based on defendant’s refusal to indemnify plaintiff for its payments to the Republic of Equatorial Guinea in settlement of tax audits, summary judgment for defendant is affirmed where: 1) the plain language of the parties’ agreement, informed by the parties’ prior negotiations and the usage evidence, clearly established that defendant was required to indemnify plaintiff only for taxes paid for income that was earned before January 1, 2002; and 2) plaintiff’s separate claim for indemnification for payment of withholding taxes was time-barred....

September 2, 2022 · 1 min · 152 words · John Petaway

Proving Up Valuation In Patent Infringement Litigation

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. Jury damages awards in patent infringement litigation can be quite large. And at times, they have been reversed or reduced on appeal. This raises the issue of how patent infringement damages can be proven or defeated in a way at trial that will stick. This issue is addressed in a recent article in the Business Valuation Monitor by Grant Thorton, titled “Value Creation Perspectives for Corporate Executives and the Investment Community....

September 2, 2022 · 3 min · 430 words · Matthew Arvelo

Rise Of Stingray Cell Phone Trackers Prompt Fcc Probe

The “Stingray” is a neat little device that fools a cell phone into connecting to it as though it were a cellular phone tower. Once connected, the Stingray can record the device’s unique ID, monitor the device’s traffic, and even triangulate the cell phone’s position. It’s also questionably legal. In June, unsealed documents revealed that Florida police were caught lying about using information from a Stingray to obtain warrants. As Ars Technica reports, officers were instructed to “refer to the assistance as ‘received information from a confidential source regarding the location of the suspect....

September 2, 2022 · 3 min · 534 words · James Torres

Should You Correct A Boss Lead Attorney Or Co Counsel In The Courtroom

A dilemma that no junior associate hopes to encounter is seeing their boss make a mistake in the courtroom. However, whether or not it’s your boss, a lead attorney, or co-counsel, how you interact with the attorney presenting your client’s case while they’re actually presenting it is critical. Whether it’s an incorrect citation, or using the wrong client’s name, or completely missing a significant material fact, the one thing you know for sure is that telling them could go horribly if you do it the wrong way, and it’ll be much worse if you’re wrong....

September 2, 2022 · 3 min · 561 words · Joseph Cannon

States Embrace Electronic Discovery

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. If you were under the misguided impression that attorneys and their litigant clients only need to deal expressly with electronic discovery in federal court, you need to wake up and smell the e-discovery coffee. In the wake of the 2006 e-discovery amendments to the Federal Rules of Civil Procedure, state legislatures have been getting into the act, adopting e-discovery rules for state court cases....

September 2, 2022 · 2 min · 298 words · Raymond Kruse

The Importance Of Corporate Advertising Social Media Policies

While we at FindLaw have done a fine job of addressing corporate social media policy as it relates to employees, we have not yet spoken to creating a social media policy as it relates to your company’s marketing and advertising. An article in the ACC Docket magazine brought to light various issues that corporate counsel need to consider when it comes to advertising via social media. We’ve distilled the tips into four easy steps to help you craft an advertising social media policy....

September 2, 2022 · 3 min · 566 words · Edward Weidner

Using Fiber Optic Cables To Predict Earthquakes

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. Unfortunately, earthquake prediction efforts generally have not met with success. But what about fiber optic cables – the very cables that deliver internet connectivity – can they help when it comes to earthquake detection? As we know, and as explained in a recent article in PopularMechanics.com, fiber optic cables carry information almost at the speed of light....

September 2, 2022 · 3 min · 432 words · Jason Boughton

Want To Do Business With Iran 3 Things To Know First

On January 16th, the International Atomic Energy Agency verified that Iran had met its nuclear commitments to the United States and Europe. With that, years of economic sanctions against Iran were suddenly relaxed. But if your business is rushing to open its first office in Tehran, you’ll want to tell them to slow down. Here are three things you need to know about doing business with Iran, post-sanctions. If you’re one of our many French or German readers, félicitations à vous!...

September 2, 2022 · 3 min · 486 words · Sheila Transou

Warrantless Smartphone Forensic Search At Border Ok 11Th Cir Rules

The Eleventh Circuit Court of Appeals recently ruled that the search of a smartphone at the border does not require a warrant, or even probable cause, even if we’re talking about a forensic search. The underlying criminal case involved the conviction of a man for possession of child pornography. Law enforcement discovered illegal videos and images as a result of searching his phone at the U.S. border crossing area at a port in Florida....

September 2, 2022 · 2 min · 361 words · Angela Santorelli

Why Expand A Law Practice Across The State Lines

Like changes in belt sizes, some law firms expand in unexpected ways. They hire more lawyers, merge with others, and morph into new entities before anyone notices. As long as there is room to grow, they will try to beat the competition to the market. One Alabama-based firm is trying to do that. Instead of growing in their home state, they are crossing state lines. Beyond the Base Burr & Forman, a Birmingham law firm, “has been aggressively expanding beyond its Alabama base....

September 2, 2022 · 2 min · 407 words · Robert Acosta

Blinking Red Cyber Threats

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. Over the past couple years, we have heard a lot about Russian efforts on the internet to influence the 2016 presidential election. We also keep getting news about major hacks of businesses and the wrongful accessing of personal, customer information. And now, if that were not enough, Dan Coats, the National Intelligence Director, reportedly has stated that cyber threats to US national security are “blinking red” as warning lights....

September 1, 2022 · 3 min · 511 words · Mark Perry

5 Tasks Your Firm Can Outsource To A Virtual Assistant

Here in Silicon Valley, fewer and fewer law firms rely on the physical presence of a receptionist or legal assistant to manage a front desk. And it’s not just here, it’s spreading everywhere. Space is expensive and you’re most likely a solo lawyer just trying to get started in this world. So what are the major tasks you can outsource to your VA? Bookkeeping We don’t know about you but bookkeeping is one of those things that we really don’t enjoy doing....

September 1, 2022 · 3 min · 575 words · Bradley Scull

5 Ways To Relax On A Fretful Friday

It’s Friday. If you are lucky, you only have about half of a day left of work before the weekend. Still, finding that extra motivation to push through the end of the day can be difficult. Your brain has already skipped ahead to thoughts of weekend plans. Step Out Okay, we didn’t say good suggestions. Sneaking out for a lunch beer is probably just going to make you tired. Still, a nice lunch with coworkers can alleviate the stress, clear your mind, and get those creative juices flowing....

September 1, 2022 · 3 min · 462 words · Raymond Schuette

Best Resources For Solos With A Heavy Caseload

If you’ve never had to handle over 20 or 50 or 100 cases at the same time, you might be blissfully unaware of some of the best resources available for solo practitioners trying to maintain heavy caseloads. But those busy and overworked practitioners know, it’s impossible to do it all alone, and you shouldn’t ever play the “solo card” if you expect to have a good reputation (or win, because it doesn’t work)....

September 1, 2022 · 3 min · 545 words · Thomas Lorello

Boston Teamsters Extortion Convictions Reversed On Appeal

The two Boston teamsters, Joseph Burhoe and John Perry, who were convicted in 2014 on federal union extortion charges have had their convictions reversed and cases remanded by the First Circuit Court of Appeals. The 75-page opinion provides an interesting glance into the nuanced complexity surrounding the issue of union extortion. In short, the two teamsters were found guilty of extortion after a trial where it was proved that they threatened to picket businesses unless those businesses hired union workers....

September 1, 2022 · 3 min · 485 words · Flora Neal

Can Lawyers Name Likely Defendants In Ads

Solo attorneys all generally know the rules of thumb when it comes to attorney advertising and solicitation. Attorney ads are good; direct solicitations are not so good. Attorney ads have operated mostly this way since the 70s. But how about ads that name specific defendants? Well, at least one high court is looking at this question. And whichever way it turns out, it could be a real game changer for attorneys across the country....

September 1, 2022 · 3 min · 533 words · Jack Drake

Can You Survive A Day Without Email

Admit it. Now that you have your iPhone, iPad, and laptop you can’t really envision life without email anymore. Need to quickly send over a draft of your brief so you can get some input from your colleagues? Email them a copy. Need to make sure your co-counsel is on track with her legal research? Email her a quick query. These days, emailing someone seems almost as second nature as picking up a phone....

September 1, 2022 · 2 min · 358 words · Jerry Cox

Contempt Is Well Deserved Aclu Says Of Kansas Official

Kansas Secretary of State Kris Kobach “can’t be trusted” and deserves to be punished. That’s what the American Civil Liberties Union said, not holding back its contempt for the state official. But the ACLU is not the only one holding Kobach in contempt. A federal judge has held the secretary of state in contempt for a “history of non-compliance” with court orders. Those words may not break bones, but they will definitely hurt....

September 1, 2022 · 2 min · 357 words · Joe Puhl