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Certain family-owned companies have a beef with the Affordable Care Act’s birth control mandate. The mandate, which became effective on January 1, requires employers to cover birth control for their employees through their company health plans. But that goes against some business owners’ religious beliefs. Is there relief for a business when the law is at conflict with the owner’s conscience? Right now, it depends on where the business is located....

In-house counsel are playing an ever greater role in the C-suite. Some are even joining it, not just as CLOs but as CEO. Despite the stereotype of the lawyer as roadblock – attorneys are derided as the “vice-presidents of No” by plenty of business people – many companies are realizing that their in-house attorneys have what it takes to succeed not only in the legal department, but at the helm of the company....

Just when you thought you had a grasp of cybersecurity, criminals have found another way to hack your computers: cryptojacking. Tesla recently discovered the problem on its cloud system. The company quickly reported that it did not affect customer privacy or vehicle security. But the breach illustrates another reason to double-down on cybersecurity measures. It’s no time to risk some hacker taking over your computers. Cryptojacking “The recent rise of cryptocurrencies is making it far more lucrative for cybercriminals to steal organizations’ compute power rather than their data,” RedLock CTO Gaurav Kumar told Gizmodo....

If you look at the typical mousetrap, the technology hasn’t changed that much in the past 100 years: mouse gets cheese; mouse gets murdered. There are some “humane” versions, the kinds that don’t snap the critters’ necks when they reach for the bait. Instead, the mice die slowly as they writhe hopelessly on a poison sticky pad or something. So why does everybody say, “Build a better mousetrap and the world will beat a path to your door?...

Did you know that it (arguably) only takes a few minutes to crack through the average user’s iPhone’s passcode screen? There are at least two pieces of software that can accomplish this feat, one of which is free. Don’t be too alarmed, however. There are some steps you can take to make your phone even more secure. We all know about the duty of confidentiality and our responsibility to take reasonable security measures to protect sensitive data....

The largest Clean Air Act fine in history will send $300 million from Hyundai and Kia up in smoke. Pause for laughter. Hyundai and Kia gave the EPA incorrect certifications for the greenhouse gas emissions of 1.2 million cars in 2012 and 2013. How much is that in greenhouse gas? About 4.75 million metric tons more than what the auto makers told the EPA the cars emitted, according to an EPA press release....

The First Circuit is bustling with high profile cases right now, many of which are stirring up a bit of controversy. First, there’s some question as to whether David Barron will get confirmed – some say if he were, there would be a “war criminal sitting on the U.S. First Circuit,” according to Common Dreams. Ouch. That’s not all. Next, we have a final ruling by the Massachusetts Supreme Court on the Pledge of Allegiance, and an en banc rehearing of the case of the inmate who “needs” sex re-assignment surgery....

Insurance Coverage Dispute In Keller Foundations, Inc. v. Wausau Underwriters Ins. Co., No. 08-50253, defendant’s appeal from the district court’s judgment holding that plaintiffs were entitled to defense and indemnity under a commercial general liability policy defendant issued to a third party, from whom plaintiffs acquired certain assets, the court reversed where plaintiffs agreed to assume liability for the particular losses in question and explicitly excluded the policy from the asset transfer....

The Oscars are this weekend, and while people may forget who won what award, the adoring public will undoubtedly remember who and what they wore. I mean, the red carpet even has its own police force. While the red carpet, the ensuing paparazzi chaos, and magazine coverage are entertaining, for attorneys working for large fashion companies, it’s definitely not all fun and games. As Vera Wang told Vanity Fair, dressing a starlet for the Oscars is a “gamble of the highest order....

On January 4, 2012, the U.S. Court of Appeals for the Fourth Circuit issued a Notice of Special Procedures for Reviewing Attorney Compensation Requests in Death Penalty Cases. The Judicial Council of the Fourth Circuit adopted certain amendments to the existing procedures for reviewing attorney compensation requests in federal capital prosecutions. Specifically, they added that requests for compensation in amounts over $100,000 per attorney would be presumed excessive at the district court level, if made in connection with a federal capital prosecution....

Growing marijuana is illegal, even when it’s cultivated for personal, medicinal use. According to the Fourth Circuit Court of Appeals, that means a trial court can exclude evidence of a defendant’s medicinal marijuana use during a trial for marijuana possession and manufacturing. West Virginia State Police received information in September 2003 that Kimberley and Edgar Henry were growing large amounts of marijuana at their home. After a lengthy investigation, the Henrys were indicted on charges of possession and cultivation of marijuana with intent to distribute....

Ignorance is no excuse, and intelligence is no guarantee. In either case, it turns out that many lawyers do not know when their computers have been hacked. According to a survey of 200 law firms, about 40 percent did not realize their confidential client data had been breached. Lawyers are not alone when it comes to cybersecurity challenges, but they have a high duty of care when it comes to protecting their information from hackers....

The Fourth Circuit Court of Appeals dismissed two torture cases this week against military contractors, finding that the plaintiffs’ state law claims were preempted by federal law. Since the U.S. invaded Iraq in 2003, the U.S. military has seized and detained Iraqi citizens who it suspected of being enemy combatants or having useful intelligence. Some of these detainees, like the plaintiffs in the Fourth Circuit cases, were imprisoned at Abu Ghraib prison....

Sometimes attorneys are expected to be Jacks and Jills of all trades, but we all know what ends up happening – we end up masters of none. So, after you’ve spent your career developing a niche area, one of your clients (or a potential new client) calls with a question about a different practice area. What is in your best interest to do in this situation, ethically and financially? Unless you live under a rock, it’s pretty clear that the legal job market is not what it once was....

We’ve been hearing a lot of security data breaches lately – some would say too much. From the Target and Neiman Marcus debacle to last week’s Heartbleed bug, we now know why cybersecurity is on the minds of general counsel not just in the U.S., but worldwide. Based on a recent district court decision, the data breach itself may be the least of a company’s problem. What may be worse is not only the media and consumer fallout, but the possibility of FTC enforcement actions, and private litigation....

When opposing counsel turn a deaf ear to your settlement desires, pointing them to Diaz v. Jiten Hotel Management Inc. might help: an employer had to pay more than 10 times the damages award in attorney’s fees. The case is a good way to reinvigorate one’s litigation sticker shock. More specifically, the First Circuit’s decision serves as an excellent reminder that a seemingly rinky-dink discrimination case can add up to a major expenditure of resources and staggering attorneys’ fees for the loser....

The Fourth Circuit Court of Appeals ruled this week that the West Virginia Supreme Court should decide whether Mine Safety and Health Administration (MSHA) inspectors can be held liable for coal miners’ deaths, reports CBS News. The appellate court characterized the issue as “a pure question of state law, which has not been squarely addressed,” and noted that it was “a matter of exceptional importance for West Virginia.” On January 19, 2006, an accumulation of combustible coal dust caused a deadly fire in Massey Energy’s Aracoma Alma No....

The Fourth Circuit Court of Appeals ruled this week that a chemical company accused of selling chemical weapons to Saddam Hussein’s regime in the ’80s cannot be held liable under the Torture Victim Protection Act (TVPA). In the 1980s, the Republic of Iraq, then under Hussein’s dictatorial control, was embroiled in a long-term armed conflict with Iran. International news media widely reported - and the United States government explicitly condemned - the Iraqi regime’s large-scale use of mustard gas and other chemical weapons against Iran....

In the cryptocurrency frenzy, lawsuits are becoming business as usual. The latest controversy stems from the difference between “Bitcoin Cash” and “Bitcoin.” More than 1,000 people are pursing legal action against Bitcoin.com for allegedly misleading people to buy Bitcoin Cash instead of Bitcoin. The bottom line is that people have problems with cryptocurrency. It’s not unusual in the volatile market, given how a company can get sued just for saying “bitcoin....

FLSA Action Against Hotel In Castellanos-Contreras v. Decatur Hotels LLC, No. 07-30942, a Fair Labor Standards Act (FLSA) action claiming that defendant-employer was required to reimburse plaintiffs for their travel expenses, visa fees, and recruitment payments during their first week of work, the court reversed the denial of summary judgment for defendant where 1) the FLSA did not require the reimbursement of the travel expenses; and 2) the FLSA did not require defendant to reimburse plaintiffs for the fees they paid to the various job placement firms....