Firming Up Your Overhead The Cell Phone Bill

It’s probably a fair assessment to say that most people are on monthly plans with one of the Big Three carriers. Because of device subsidies and limited competition, the rates for postpaid plans seem to always be increasing. If you are looking to cut costs, the cell phone bill might be a good place to start. Take a look at your monthly bill. How much are you paying? We tried to find the cheapest reasonable plan (at least 450 minutes, at least 1 GB of data, some texting plan) on each carrier....

August 14, 2022 · 3 min · 522 words · Bette Irwin

Henry Floyd Confirmed For Fourth Circuit In Rare Unanimous Vote

U.S. District Judge Henry Floyd was confirmed to a seat on the Fourth Circuit Court of Appeals by a 96-0 vote on Tuesday. Floyd is a rare judge who has served in all three branches of government. While in law school at the University of South Carolina, Floyd was elected to the South Carolina House of Representatives, where he served until 1978. From 1979 through 1991, Floyd was Commissioner on the South Carolina Forestry Commission....

August 14, 2022 · 2 min · 336 words · Jacqueline Craig

How To Help Framed Clients

It happens from time to time that the police will get the wrong person, and often, you have to wonder just how it happened. In one recent case, a woman was pulled over for running a stop sign, only to end up behind bars for nearly two months because a former high school classmate used her name when she got busted for a DUI without ID, and then skipped bail. The unlucky woman not only had to prove her innocence, she missed the holiday season with her young son....

August 14, 2022 · 2 min · 361 words · Alejandra Myrick

If Cyberwars Erupt Will Damages Be Recoverable

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the Internet. Unfortunately, warfare has been part of the human experience for centuries and even millennia. Historically, wars were fought on the ground between individuals. Often, in more recent times, mass physical destruction has been caused from a distance, with bombs dropping from planes and missiles launched from remote locations. And now, in the Internet age, wars can be waged electronically by purposely disrupting mission-critical systems of a perceived enemy state....

August 14, 2022 · 4 min · 708 words · Robert Williamson

Intellectual Property Highlights From The Tpp Text

The full text of the Trans-Pacific Partnership (TPP) Agreement was released November 5, 2015. It was many years in the running – seven years, basically – but the masterpiece is finally available for public scrutiny. The Agreement extends its tentacles into approximately 40 percent of the world’s annual GDP and almost 1 billion people’s lives. Obviously, businesses are some of its greatest proponents. Not Yet Set in Stone Signatory countries still must ratify the agreement as presented....

August 14, 2022 · 3 min · 538 words · Thomas Tolbert

Justice Dept Seeks Clarification On Insider Trading

Last week, the United States went back to the Second Circuit to ask for a rehearing in United States v. Newman, where that court overturned the convictions of two hedge fund managers for trading on inside information. The Second Circuit rejected Newman and Chiasson’s convictions on a “tipper/tippee” theory of liability, prompting onlookers to urge Congress to clarify what the heck qualifies as insider trading. The Newman case presents a set of facts similar to what you’d find in a final exam in business associations class....

August 14, 2022 · 3 min · 637 words · Lenora Stephany

Marissa Alexander Gets A New Trial Will It Make A Difference

While the George Zimmerman trial was working its way through the courts, another case, with a more sympathetic defendant, also claimed to Stand [her] Ground. While Zimmerman escaped prosecution under the law, Marissa Alexander was sentenced to 20 years for firing a single “warning” shot at her allegedly abusive ex-husband. Her “Stand Your Ground” defense was denied before trial, and earlier this week, the appellate court affirmed that holding. At trial, she asserted self-defense, amongst other theories, but the jury was decidedly unconvinced, taking only 12 minutes to convict her....

August 14, 2022 · 4 min · 646 words · Susan Booker

Non Verbal Disabled Student Denied Recording Device

In a federal First Circuit appeal that pulls at the heartstrings while also pushing the boundaries of privacy rights, a disabled, non-verbal primary school student has been denied the right to carry around an audio or video recorder while at school. Although it was the student’s parents that were pushing for this, anyone with the littlest shred of empathy would easily understand their plight. The parents of the student steadfastly maintain that their son should be allowed to carry a working audio recorder while at school so that they can know what is going on....

August 14, 2022 · 2 min · 355 words · Sharon Burnside

Quest Diagnostics To Pay 241M In Medi Cal Overcharging

California’s Medi-Cal program will receive $241 million from Quest Diagnostics, to settle an overcharging case, reports the Associated Press. Quest Diagnostics, the largest provider of medical laboratory services to Medi-Cal, will now pay the largest-ever reimbursement recovery under the state’s False Claims Act. California Attorney General Kamala Harris’ announcement this week that Quest Diagnostics has agreed to pay the $241 million, illustrates just how seriously a qui tam action can affect a Medi-Cal provider company....

August 14, 2022 · 2 min · 364 words · Christopher Hackwell

Should Congress Revamp Section 1983

In a speech to the Equal Justice Initiative, Retired Justice John Paul Stevens raised serious questions about municipal liability under Section 1983. A response to a recent decision that overturned a $14 million jury award to a man who wrongfully spent 14 years behind bars, Stevens urged Congress to take action. In Connick v. Thompson, local prosecutors blatantly violated Thompson’s rights under Brady, failing to turn over exculpatory DNA evidence and witness statements....

August 14, 2022 · 2 min · 366 words · Joyce Harvey

The Tactic That May Compromise Dui Cases In California Elsewhere

A novel defense by a twice-convicted drunk driving law student may provide a template for DUI defense lawyers, and a massive headache for prosecutors. The window of opportunity, however, is closing fast. The San Jose Mercury News reports on the case of Jaskaran Gill, a Santa Clara University law student and two-time offender. While he was on probation for his first offense, he was caught driving 100 mph on the interstate with a blood alcohol concentration of 0....

August 14, 2022 · 3 min · 596 words · Janice Vancamp

Tips For Using Echo In The Law Office

Marketed primarily for home use at $179, Alexa can do a lot of things. Play music, turn on appliances, read news stories, calendar events, set reminders, send messages, and even order products online. Because of such conveniences, some lawyers are using the device for their law offices. After all, what personal assistant will do all those things for less than minimum wage, plus overtime? Here are some points to consider:...

August 14, 2022 · 2 min · 315 words · Darrell Hall

When It Comes To Tech Size Matters

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the Internet. Big, small or in-between? When dealing with tech, it seems that there are preferences, and fortunately there options currently. Long, long ago and far away, back in the disco days of the 1970s, the only available computer to me was a massive, computer punchcard-eating behemoth that appeared to take up the entire basement of my college library....

August 14, 2022 · 4 min · 816 words · Sheila Quigley

Why Lawyers Should Or Should Not Show Off Clients

Client endorsements are the best. “He really understood my case.” “She helped me when I needed it the most.” “My lawyer got me $2.1 million ….” Well, not all endorsements work. The thing is, if clients are giving you rave reviews, why not do the same for them? Show Off Your Clients Carolyn Elefant, the lawyer/blogger, says it’s about showing off your clients. Put their products on your Facebook page. Facebook does something like that for its users, she says....

August 14, 2022 · 2 min · 316 words · John King

Your Email More Protected Thanks To Male Enhancement Pill Case

According to a ruling by the 6th Circuit Court of Appeals, Enzyte mogul Steve Warshak’s privacy was violated when investigators searched his email without a warrant. It was a potentially helpful ruling for Warshak, who had been convicted of fraud, money-laundering and conspiracy and sentenced to 25 years in prison. This is the first time that a court has declared that email, and the anyone who uses it, does in fact have a reasonable expectation of privacy in its contents under 4th Amendment....

August 14, 2022 · 2 min · 421 words · Marshall Gerdes

Are You Dealing With A Real Person Or Ai

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. Perhaps you saw the movie “Ex Machina” a couple years ago. In that movie, a male internet coder was drawn into an unusual experiment, as he engaged with an Artificial Intelligence (AI) being provided in the form of a very attractive female robot. Is this the stuff of science fiction, or are we already dealing with AI, even when we do not know that is the case?...

August 13, 2022 · 3 min · 454 words · Scott Lawson

Chen V Holder No 08 2398

Petition for review of a final order of the BIA denying Chinese petitioners’ application for asylum, withholding of removal, and protection under the CAT is denied where the IJ’s adverse credibility determination was supported by substantial evidence from petitioners’ inconsistent testimonies, witness demeanor, and petitioners failed to present corroborating evidence given numerous opportunities to do so. Read Chen v. Holder, No. 08-2398 Appellate Information Petition for Review of an Order of the Board of Immigration Appeals...

August 13, 2022 · 1 min · 173 words · Brett Castellanos

Could Teva Pharmaceuticals Ruling Benefit Patent Trolls

The U.S. Court of Appeals for the Federal Circuit has frequently been criticized as a “rogue” court, and the Supreme Court has been reining it in of late. (Of course, the Federal Circuit was also helped with the resignation of former Chief Judge Randall Rader, who never met a patent he wouldn’t enforce.) Earlier this week, the Supreme Court took the Federal Circuit down a notch again, in the long-watched case Teva Pharmaceuticals v....

August 13, 2022 · 3 min · 620 words · Paula Burr

Court Not So Fast Snapchat

Christal McGee was driving over 100 miles an hour and thought it would be a good time to take a Snapchat photo. She crashed, causing permanent brain damage to Wentworth Maynard. He was in the car she hit, and he sued – Snapchat. An appeals court said Maynard and his wife have a case because Snapchat created a filter that allows users to superimpose speed over photos. Basically, the company should have known better and so should everyone else who uses technology recklessly....

August 13, 2022 · 2 min · 391 words · John Silver

Do Lawyers Need To Lean In

It’s hard to read … well, anything this week without coming across a mention on Facebook COO Sheryl Sandberg’s new mission: Lean In. Lean In is a multi-faceted approach to helping women develop as leaders and assert themselves. If you’re interested in leaning, Sandberg has plenty of options for you: a book, a website, and a social networking opportunity. (Would you expect anything less from a Facebook exec?) By creating an active and supportive community to help women develop the confidence and know-how to achieve their goals; By offering a growing library of free online lectures on topics including leadership and communication; and By organizing Lean In Circles – small groups that meet monthly to encourage and support each other in an atmosphere of confidentiality and trust....

August 13, 2022 · 3 min · 506 words · Eric Anthony