Posts

Sometimes, we read cases that leave us wondering “what the hell is wrong with people?” In a recent discrimination case in the First Circuit, when we read some of the racist comments uttered, we first wondered, who thinks that way? And then had to follow-up with… Who actually says those things to people? The answer, in this case: a Kmart employee. Chenell Hammond, an African-American woman, successfully completed a layaway transaction, while accompanied by her two children....

Incompetent business leaders have defining characteristics. Here are some samples: they can’t make decisions; they make bad choices; they are out of touch. They are also easy to spot; just turn on the nightly news. If only they were as easy to deal with. Short of going elsewhere, here are some ideas: Moving Away Researchers have classified three types of bad behaviors: moving away, moving against, and moving toward. Dr. Robert Hogan says sometimes these behaviors help leaders emerge, but often at the expense of subordinates....

Big Orange is the winner! Earlier this month, The National Law Journal published its fourth annual readers’ best of rankings. Westlaw, one of our sister companies under the Thomson Reuters umbrella, took home the top “Legal Research Provider” designation, while FindLaw earned honors for “social media consultancy for law firms.” That’s not all, though: Several products in the TR family also won awards. Specifically, WestlawNext won the top spot in the “Online Legal Research Provider” category....

In a prosecution for possession of a firearm by a convicted felon, district court’s denial of defendant’s motion to suppress a firearm seized from his vehicle during a traffic stop is affirmed as the district court did not commit plain error, or any error at all, in refusing to suppress the firearm as the police lawfully seized defendant’s pistol when it came into plain view before any search of defendant’s vehicle, and as such, Gant does not apply to the present facts....

You often hear that an in-house counsel job will afford you the work-life balance that so many attorneys crave. It’s not uncommon for BigLaw refugees to flock to in-house positions, hoping that they can now put their feet up and have some balance in their lives. Now, if you’re coming from Big Law, with the 80-plus hour work-week, an in-house job may seem like an amnesty. But is the concept of work-life balance a myth or reality for the in-house lawyer?...

A seasoned criminal defense attorney might be able to charge $500 an hour with a $20,000 retainer, but there’s only so many murdersome millionaires to go around. A recent law school grad, without an established reputation for success, won’t be able to bill at anything near the same rate. Does that mean she should drop her rates to the bottom of the barrel? No way. Setting fees means finding the going rates in your area, then positioning yourself somewhere within the acceptable range – the Goldilocks spot allowing you to cover costs, make money, and attract clients....

As with any job, there are pros and cons to going in house. While making the transition, it’s important to ask the right questions so that you are faced with any big surprises on day one at your new corporate gig. 1. How Do You Find the Right In-House Job? You probably already know the answer to this one: know somebody. If you’re already a mid-level corporate associate at a top firm, head-hunters are probably already calling you....

Sometimes a court opinion can be summed up in a few words like: “a perverse incentive.” That’s how the U.S. Fifth Circuit Court of Appeals described things in Texas Education Agency v. United States Department of Education. Texas had cut $33.3 million in education funds for students with disabilities. Texas said the students didn’t need the funds so it held back federal grant money. The appeals courts said the scheme was “a perverse incentive” to escape obligations to students with special needs....

When it comes to a jury trial, it’s not like there is a shortage of concerns. Recently we’ve heard of Tweeting and Facebooking jurors. Now one Mr. Bruce Slutsky of New York brings us a new consideration: blogging jurors. The case is especially noteworthy because, despite the fact that Slutsky admittedly blogged about his experience as a juror, the judge found that Slutsky had done nothing wrong. Professor John Clark of the University of Texas strongly disagreed....

Imagine you run a website. We’ll call it “Schreddit.” It’s a website where millions of people around the world post interesting news items, comments, and images. One day, a user posts a link to stolen celebrity nude photos – celebrities like, oh, we’ll call her “Schmennifer Schmawrence.” Does your company have to take the posting down? Naturally, it’s the same as the answer to all legal questions: “Maybe. It depends.” The Communications Decency Act (CDA) prohibits online obscenity, but that’s not very important....

It’s like rain on your wedding day. It’s a free ride when you’ve already paid. It’s the “certified ethical hacker” program that spread dangerous encryption malware to users, despite warnings from outside sources. Who would’ve thought. It figures. Alright, that’s enough Alanis Morissette, for now. (And yes, we know. Rain on your wedding day is just a bummer, not an example of irony.) Let’s get into the cruel irony of the EC-Council’s recent malware disaster....

You’ve hung your shingle, now how much do you charge? For many lawyers, figuring out the best billing rate can actually be quite daunting. Do you simply adopt the market rate, charging basically the same as other lawyers in your area? Do you offer a slight discount to make yourself competitive, or do you base your rates on what you think your clientele is willing or able to pay? Or do you just pull a number out of a hat?...

Remember back in February, when District Judge Andrew Hanen said President Obama’s Deferred Action for Parents or Americans and Lawful Permanent Residents (DAPA) was unconstitutional? That ruling put the whole program in jeopardy, and the administration filed an emergency motion to stay the court’s injunction. On Tuesday, Hanen decided that the administration wouldn’t be getting a stay, setting the stage for a showdown at the Fifth Circuit Court of Appeals....

Connecticut lawyer Irving Pinsky filed a Newtown school shooting claim last week, the precursor to what he said would be a $100 million lawsuit. But now Pinsky has dropped his claim amid backlash and accusations of attempting to profit off the terrible tragedy. While Pinsky represented a very sympathetic figure in the shootings – a 6-year-old survivor who allegedly overheard the entire ordeal over the school’s intercom system – the lawyer went about the lawsuit all wrong, leading to the embarrassing rescission....

Paul Manafort’s guilty plea may have put an end to one trial, but he’ll have to wait until early next year to find out his fate after the big jury verdict. On February 8, 2019, the Manafort will be back in the federal district court for his sentencing, likely again in a prison jumpsuit, as his request to be allowed to wear a suit during sentencing was denied. Legal commentators believe he will receive 7 to 10 years as a result of these charges, but may end up with a longer sentence depending on what happens in Robert Mueller’s other case against him that resulted in his plea....

North Andover High School, a public school outside Boston, recently drew a firestorm of criticism for disciplining a student under its zero tolerance policy after the teen gave a ride to a friend who was too drunk to drive home. The case highlights growing legal concern about schools’ zero tolerance policies. High school senior Erin Cox headed over to a party after work solely to pick up her drunken friend. When she arrived, police were already making arrests for underage drinking and possession of alcohol, reports Boston’s WBZ-TV....

Down in Southern California, when you entered the courtroom, you’d write your client’s name on your business card, hand it to the bailiff or clerk, and wait for your case to be called. The procedure was similar in Alameda County criminal court, but with small pieces of paper instead. In Santa Clara County, at least in this one civil court room, there was a sign-up sheet. None of those methods are particularly egregious....

Things just ain’t what they used to be when it comes to earning those CLE credits. Remember the days of having to sit in some over-air conditioned conference room with a bunch of other lawyers as mad as you at giving up billable time to earn credits? Well, if those days aren’t exactly gone, the times they are a-changin’. Below are a few less painful ways to get part of your required ethics CLE under your belt....

If you have ever tried to train a parrot to talk, you know that it takes a long time and a lot of patience. And once the bird has learned a phrase or two, it’s not like it can carry on a conversation. It’s basically an ornithological version of a tape recorder. Well, a Canadian startup called Lyrebird has developed a parrot-like program that can mimic anyone’s voice in about a minute....

The publishing of mugshots online has become a big business for some unscrupulous internet entrepreneurs. Sadly, for the general public, it’s more of an annoyance than anything else. But one lawsuit might be changing the landscape for these businesses that seemingly just look like blatant extortion schemes. The general business model looks something like this: website/business scrapes public law enforcement databases and websites to obtain mugshot photos and arrest information. Scrapped information gets posted online publicly....