Fourth Circuit To Hold Hearing At Uva Law School On March 23

The Fourth Circuit Court of Appeals will hold oral arguments at the University of Virginia (UVA) Law School Caplin Auditorium on March 23, 2012. A Fourth Circuit panel holds an appellate argument session at the University every three years. The court will hear four cases during the special session in March. US v. Robert Hansen. A Fourth Amendment challenge questioning whether police officers had probable cause for a vehicle search, and whether the exclusionary rule applies to the officers’ reasonable interpretation of an unsettled area of Virginia state law....

July 18, 2022 · 2 min · 326 words · Mike Franko

Government Censorship Of Internet Speech

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the Internet. Here in the United States, we like to think that we can speak openly and freely on practically any subject while on the Internet. But is that universally true across the globe? Not necessarily! Indeed, headlines have made clear that certain governments are intent on blocking Internet speech when it is in the interest of those who are in power but not necessarily when it is in the interest of some members of the citizens in those countries....

July 18, 2022 · 3 min · 578 words · Twila Grant

Happy Birthday Twitter First Tweets Of Notable Legal Tweeters

Today marks Twitter’s birthday, the day the very first tweet ever was sent out by Twitter co-founder Jack Dorsey. It wasn’t particularly as ground breaking as Twitter would eventually become, it all started with How did I find that tweet from eight years ago you ask? Simple. To mark this momentous day in Twitter history, Twitter has created a Discover tool that allows you to find the first tweet of any account that you look up, reports Slate....

July 18, 2022 · 2 min · 407 words · Larry Anderson

Is It Illegal To Unlock Your Smartphone

Back in the Wireless Dark Ages, you actually had to get a new phone number if you hopped between cell phone carriers. In 2003, the Federal Communications Commission adopted local number portability rules, and made it all better. Last week, you could legally unlock or “jail break” your cell phone, and take it with you if you hopped between cell phone carriers. Now, the Library of Congress has made it all worse....

July 18, 2022 · 2 min · 392 words · Sidney Slowik

Lawyer Sues Client Over Bad Online Review Wins 350 000

One of your most important assets is your reputation. And with more and more potential clients looking to the Internet when researching attorneys, online reviews can have a big impact on your practice. But usually, when a disgruntled client posts a malicious review, there’s not much a lawyer can do about it. That wasn’t the case for one Florida attorney, though. When Ann-Marie Guistibelli’s client left her a false and disparaging online review, she took him to court – and won $350,000 in punitive damages....

July 18, 2022 · 3 min · 493 words · Regina Clark

Lunch Breaks Improve Everything

Taking a lunch break might not be the miracle elixir cure-all to what ails you about work, but it can surely help improve productivity and job satisfaction. At least, that’s what the scientists are saying. According to recently published research, when employees are encouraged to take breaks for lunch, and throughout the day for healthy activities like walking, snacking on good-for-you foods, or even just socializing, both employee productivity and job satisfaction increase....

July 18, 2022 · 3 min · 498 words · Howard Key

Making The Oral Argument In The Fourth Circuit Court Of Appeals

So, you want to argue your case before the Fourth Circuit Court of Appeals. The opportunity to present oral arguments isn’t granted liberally. Here’s what you need to know about presenting oral arguments before the Fourth Circuit Court of Appeals. Request the oral argument. You may cite an argument as to why your case should be heard orally at the end of your brief. Draft your brief attentively. You might not be granted a chance to present your oral argument, and your brief might be all you have to go on....

July 18, 2022 · 2 min · 386 words · Thomas Allen

Massachusetts Targets Patent Trolls

Our story begins with Carbonite, best known as the icy preservative of Han Solo in “The Empire Strikes Back.” Only in this story, Carbonite is the name of a data backup company. It’s not quite a Star Wars story, but there are trolls – patent trolls. According to reports, Carbonite has spent millions fighting false patent infringement claims and become a hero in the industry for not giving up. Now Sen....

July 18, 2022 · 2 min · 389 words · Keith Rasberry

New Cybersecurity Prevention Strategy Detect And Response

Corporations, law firms, and small businesses know the mantra all too well: cybersecurity is getting hairier, bloodier, and more complicated with each passing day. The best option may be to hire a third party security firm. But we’re still losing the war. If it’s not possible to keep up with all potential attacks, what’s to be done? According to the State of the Endpoint Report by Ponemon Institute, many IT departments are focusing on protection after a breach occurs....

July 18, 2022 · 2 min · 406 words · David Barber

New Trial Or Walk Free Princess Lacaze Returning To Court

Princess Lacaze will either receive a new trial or walk free on second-degree murder charges. The Fifth Circuit Court of Appeals has ruled that the prosecution erred in Lacaze’s trial because it did not reveal a deal struck with the star witness in the trial, Lacaze’s former lover, Meryland Robinson. LaCaze was having an extramarital affair with Robinson, when Robinson shot and killed LaCaze’s husband, Michael. LaCaze admitted that she knew about the planned murder in advance, saying that it was her dying husband’s wish to be killed rather than to go on dialysis, which he was to begin shortly before his death....

July 18, 2022 · 2 min · 346 words · Heather Rugg

No Good Faith Required Between University And Students In Tx

A Texas case coming out of the Fifth Circuit should remind practitioners to watch your step in Texas with regards to breach of good-faith suits. A student who sued Southern Methodist University for breach of good and fair dealing, but discovered that his relationship with his school fell decidedly outside of Texas’ handful of recognized and protected relationships. When you go to the Lone Star State, take note of the relationships in which you enter formal agreements....

July 18, 2022 · 3 min · 582 words · Christine Kilgore

Overzealous Advocacy Private Sting Gets In Lawyer Suspended

David Schalk went where few lawyers have gone before - to a marijuana dealer. He did so, not to get high, but to discredit the informant that was set to testify against his client in a methamphetamine case, reports the ABA Journal. And when he was fighting his resulting conviction for attempted possession of marijuana in the Indiana Court of Appeals, he argued that not only did he never possess (nor intend to possess) the marijuana, but he acted exactly as police officers and prosecutors do when performing sting operations....

July 18, 2022 · 3 min · 463 words · John Jenkins

Planned Parenthood Sues Texas Over Abortion Law

Planned Parenthood challenged Texas’ new abortion law in federal court on Friday, amidst worries that the regulations drastically reduce access to safe abortions. Reuters reports that Planned Parenthood, the American Civil Liberties Union (ACLU), and other groups joined to oppose Texas legislation that required doctors to have “admitting privileges” at a local hospital as well as directly supervise administration of the RU-486 “abortion pill.” In 2012, the Fifth Circuit ruled that Texas had the power to block funds from the Women’s Health Program from going to any clinic that offered women abortion services, and that this power was not in conflict with women’s constitutional rights....

July 18, 2022 · 3 min · 533 words · Paul Jardine

Pokemon Go Class Action Proposes Settlement To Court

The popular game Pokemon Go is a big hit with gamers, parents, and doctors, but not as much for police and some unwitting homeowners that somehow found themselves in the center of a Pokemon Go craze, and had to file a class action. Basically, the game requires players to roam around the real world to chase after, and catch, Pokemon, which are little fictional creatures. The creatures appear on players’ screens using augmented reality, and certain locations are marked as “Gyms” where players can meet up in the digital world, if they are nearby in the real world, in order to have their Pokemon battle each other....

July 18, 2022 · 2 min · 406 words · Alfredo Cook

Preparation Saturation Can You Ever Be Too Prepared

The age old quote about success being partly inspiration but mostly perspiration rings as true today as it did when Thomas Edison strung those words together. For lawyers, and especially trial lawyers, being over-prepared can bring peace of mind. But, if you perspire too much, you could fall victim to preparation over-saturation and end up like those poor folks suffering from Search Overload Syndrome. Below, you’ll find a couple tips on why you might want to avoid going overboard with your preparation....

July 18, 2022 · 3 min · 457 words · Daniel Chisam

Ruling On Public Safety Employees Fourth Amendment And Illegal Wiretap Claims

In Walden v. City of Providence, No. 08-1534, the First Circuit dealt with an action by public safety employees against a city and various city officials claiming that the automatic recording system at a new city building complex violated their rights. As stated in the decision: “The state Attorney General’s Office concluded that there was no evidence that any of the calls recorded were listened to ‘without consent of a call participant or for a criminal, malicious, or non-business-related reason....

July 18, 2022 · 1 min · 185 words · Miguel Canales

Should Companies Get Their Workers On Medicaid

While employers have to offer health coverage to full time employees under Obamacare, could it be better to steer them towards Medicaid instead? That’s what at least one corporate advisor, writing in Forbes, is arguing. To be fair, that article’s author runs a company which advises employers on how to get public benefits for their workers, so he might not be the most objective. But, he is correct – certain low-wage workers can qualify for Medicaid in some states, and if they chose it over employer-sponsored health insurance, that could save companies money – at the public’s expense....

July 18, 2022 · 3 min · 459 words · Bill Burleson

The Low Tech U S Supreme Court

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the Internet. Gone are the days of non-electronic, hard-copy communications, right? Not so fast! According to The Associated Press, the Justices of the United States Supreme Court are still very low-tech – almost to the point of being no-tech. When communicating with each other about pending cases under consideration, the Justices tend to send each other formal memoranda printed on ivory paper....

July 18, 2022 · 3 min · 515 words · Emma Richardson

Top Holiday Gifts For Lawyers

Fortunately, The American Bar Association recently put together a list of the top holiday gifts for your favorite lawyer. Here are some highlights: A coffee mug that offers the answers to questions about U.S. Supreme Court cases. The Discovery Channel’s Life series. Apparently they aren’t concerned that lawyers might assume you are telling them to “get a life.” Vu-Point Magic Wand Portable Scanner. This is a good choice. We wrote about the scanner, which sells for less than $100....

July 18, 2022 · 2 min · 324 words · Donald Dinsmore

Us V Phipps No 08 10831

Defendant’s tax fraud conviction is affirmed where: 1) a rational jury could find that a fax sent by a participant in defendant’s investment program updating her contact information in anticipation of future payments was an important part of “lulling” participants into believing that defendant’s investment scheme was a legal, secure financial program; 2) defendant did not show that his behavior advising and advocating tax evasion to participants should be entitled to First Amendment protection; and 3) defendant was at the very least on notice that the IRS expected him to pay taxes on his income from the operation....

July 18, 2022 · 1 min · 156 words · Phyllis Self