The latest news in the Theranos saga is not good news for the remaining shareholders, nor the outstanding creditors. In short, the company is finally winding down, with nearly all remaining employees being laid off at the end of last month. And with more debt than assets and cash, it looks like shareholders won’t be getting anything back. The company is reportedly down to $5 million in cash, which isn’t nearly enough to cover its debts....
Fake Twitter accounts are everywhere, and while they may raise some legal concerns, they also make for some funny legal commentary. There are parody Twitter accounts of famous celebrities in a variety of fields who speak their minds, or at least what we hope they’re thinking. So long as they make sure everyone knows it’s a parody account, we’re happy to laugh along. It’s not just actors and directors who have parody accounts poking fun at their personalities....
The case of alleged Boston marathon bomber Dzhokhar Tsarnaev continues to reach its scheduled fever pitch on January 5, when the federal trial against him is set to commence. On December 18, Tsarnaev will appear live, in court, for the first time since he was arraigned last July, reports The Boston Herald. The December 18 hearing marks the final pre-trial conference. But that’s not all that’s happening. Here’s an update on Tsarnaev’s legal saga:...
The family of the victim of the country’s first autonomous vehicle pedestrian fatality has filed a lawsuit against the City of Tempe, Arizona, where the accident occurred. The case against Uber already settled. But now, the family is seeking $10 million in damages from the city because the road median where the victim entered the street from was paved in such a way to suggest people could use it to cross safely, when it was solely decorative, and definitely not safe....
Attorneys working in-house face unique issues, and as such their management training and CLE courses should reflect that. Since CLE requirements are mandatory, why not take classes that will actually help you deal with the particular issues that are relevant to your practice? There are some great events coming up in May, and we have a roundup of some of the ones that may relate best to in-house counsel. Mark your calendars, and start tallying up your CLE credits, and add management training to your belts....
Sentence on a defendant convicted of drug trafficking and firearm possession is vacated and remanded for resentencing as the district court clearly erred in concluding, on the basis of the record, that defendant’s admission of guilt occurred in a judicial proceeding in open court, and as such, certain criminal history points should not have been assessed. Read US v. Martinez-Melgar, No. 08-4569 Appellate Information Argued: December 4, 2009 Decided: January 20, 2010...
The battle against online child predators may have just gotten its most powerful tool, but already, it has us wondering: is this thing legal? This morning, Terre des Hommes, an international organization operating out of the Netherlands, handed over the identities of 1,000 pedophiles to Interpol. The predators attempted to pay Sweetie, a ten-year-old girl in the Philippines, for a web cam sex show. Sweetie, however, isn’t real. It’s so realistic, it’s creepy....
Does that office printer you’re considering put dark text on a light page? Good enough. Except, it’s not that simple. I mean, it is that simple if you don’t mind major inconvenience (the inability to make copies or send faxes, the high cost of ink refills, etc.), but for the rest of us, buying a printer for our offices is actually a decision that requires some thought. Here’s a list of things you’ll want to look at:...
If you’re a patent lawyer, 2015 was a bumper year. A new report shows that patent disputes increased by 13 percent compared to 2014. Patent disputes, including both district court litigation and inter partes review, were at an all time high, at about 7,500 disputes. Thought the climate for patent litigation has shifted over the past few years, data shows that patent trolls continue to be the driving force behind disputes and that the Eastern District of Texas remains their favored home....
Companies that use commissions as a significant part of employees’ pay may be able to take advantage of the Fair Labor Standards Act’s commission-based employees exemption. Under this exemption, employers aren’t required to pay overtime to certain commission-based workers. That can mean big savings. Of course, an in-house lawyer knows that employment regulations are never simple or straight-forward. Rather, they’re full of pitfalls that can leave an employer exposed to costly litigation and penalties if they don’t do things properly....
Be careful what you claim about your products. If it’s exaggerated, inaccurate, or just not true, you could get sued. Adidas AG is learning this the hard way as they are being sued by a New York man who claims he was duped by Adidas’ claims over the health benefits of its “barefoot” running shoe. Joseph Rocco filed a class action lawsuit against Adidas after purchasing a pair of $90 adiPure running shoes, reports Reuters....
In an action related to bankruptcy proceedings, district court judgment is affirmed where: 1) the court properly denied plaintiff’s jury trial demand in the turnover action as no Seventh Amendment right to trial by jury attaches to the statutory turnover action authorized by 11 U.S.C. sec. 542; 2) the court properly granted attorney Ziady’s motion to dismiss the defendant’s fourth-party complaint for negligent misrepresentation as attorney Ziady owed no legal duty to defendant; and 3) the court did not abuse its discretion in denying defendant’s motion to amend the fourth-party complaint, as the record shows that the defendant’s proposed amendment would have been futile....
It’s my phone’s screen on my television screen. And it only requires a compatible phone, a $35 Chromecast, and a Wi-Fi connection. Why is this so awesome? It’s because I can do anything on my phone (presentations, software demonstrations, toss up videos or pictures, or show off a document or PDF) and it displays wirelessly on a nearby television or projector. It’s just another reason why Chromecast, at $35 or less, is the perfect impulse buy and tech toy....
In Hill v. Schofield, No. 08-15444, a capital habeas matter, the court of appeals reversed the denial of petitioner’s habeas petition, holding that Georgia’s requirement of proof of mental retardation beyond a reasonable doubt necessarily would result in the execution of the mentally retarded, and thus the Georgia Supreme Court’s decision was contrary to the clearly established rule of Atkins. Guevara v. Repub. of Peru, No. 08-17213, involved an action claiming that the Republic of Peru owed plaintiff $5 million in reward money for information that lead to the arrest of Peru’s former spy chief, Vladimiro Lenin Montesinos Torres....
Here’s some non-news: Cops use social media to catch criminals. But it’s not just criminals broadcasting their misdeeds to the wider world, unimpeded by privacy settings or discretion. No, cops can and do make fake profiles to stalk criminals without being detected. If a cop walks into a bar, pretends to be a bartender, and overhears a confession, that’s not a constitutional violation, is it? That’s basically what we have here – cops posing as somebody else to gather intel....
In US v. Frank, No. 07-13685, the court of appeals affirmed defendant’s conviction for traveling and engaging in illicit sexual conduct with minors. The court held that 1) the district court did not err in denying defendant’s motion to suppress defendant’s non-Mirandized statements to Cambodian officials because the statements did not fall under the joint venture doctrine; 2) 18 U.S.C. section 2251A applied extraterritorially to reach defendant’s conduct; 3) defendant’s statement that the minor girls came to his hotel “for the pictures and to have sex together,” taken into account with the other evidence presented, allowed the jury to conclude beyond a reasonable doubt that defendant engaged in illicit sexual conduct; and 4) the term “purchase,” as used in 18 U....
“Work smarter, not harder.” We hear these workplace mottos all the time, but sometimes workplace efficiency has less to do with how you are working, and more to do with your surroundings. We were inspired by an article we recently read in Forbes, and thought we’d share five things for you to look out for in your office that may be holding you, and your employees, back. Depending on the kind of projects you’re working on, a clean desk or a messy desk may be more appropriate....
The rules are changing. The Fourth Circuit Court of Appeals announced two proposed rule changes on Monday, one of which will cost appellate practitioners more money. The affected rules are Local Rule 41(a) and Local Rule 46(b). The relevant portion of the amended Local Rule 41 provides: A motion to stay the mandate pending the filing of a petition for certiorari must show that the certiorari petition would present a substantial question and set forth good cause for a stay....
Yesterday, we blogged about eye strain: Americans are spending an average of more than nine hours per day in front of their computer screens, often leading to eye fatigue and related symptoms, like headaches. And while I was getting ready to mock people with 4k (5k if you bought the new $3,000 iMac) displays, I realized something: My computer monitors might be ready for an upgrade. At home, I have two 22-inch 1080p monitors....
Getting a lawyer to do pro bono work these days is easier than getting a lawyer to a car crash scene. Seriously, that’s not a lawyer joke (but I will be here all week). A generation ago, lawyers were called “ambulance chasers” because many people thought they were more interested in making money from their clients’ misfortunes than the clients themselves. But today, partly due to the generosity of many lawyers to take on clients for free, more people know the term “pro bono” than ever....
