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Chevron USA Inc. v. Aker Maritime Inc., No. 07-31117, involved an action by Chevron to recover its costs resulting from the replacement of failed bolts in an oil production facility. The court of appeals affirmed judgment for plaintiff, holding that the evidence was sufficient for the jury to find defendant liable as an apparent manufacturer. However, the court vacated in part on the ground that the cost of repairing a spar in the facility was not an “economic loss” under the Louisiana Products Liability Act, and thus plaintiff was not entitled to attorney’s fees....

This fashionable story of legal misbehavior has more layers than an Ashley Olsen outfit. The first begins with a lawyer not being a real lawyer, or so opposing counsel would like to claim. Jonathan Moss was employed by the fashion house Gucci as an attorney. Somehow, during a trademark infringement dispute with the company Guess it came to light that Moss, hired and promoted as such by Gucci, was not actually an active member of the California Bar....

Earlier this week, we discussed the tragic news of Reddit pioneer Aaron Swartz’s suicide on this blog. The feds, as you may recall, had been building a Computer Fraud and Abuse Act (CFAA) case against Swartz over the last two years, after he allegedly violated the terms of service (TOS) for JSTOR, a digital library of academic journals and books. The case was set to go to trial in April, and Aaron faced millions of dollars in fines and up to 35 years in prison, The New York Times reports....

Wednesday, May 27, 2009 1-2 pm PT This seminar is intended for those attorneys out of work through no fault of their own, as well as for those who anticipate that they might soon be handed a pink slip and for those attorneys who simply want to learn what it takes to start their own solo law practice right now. This excellent presentation qualifies for 1-hour continuing legal education in ethics....

Even amid reports that it’s the season of trampling people to get a cheap TV, it’s still the season of giving. Sometimes, this involves giving from a client to a vendor, or, in your case, from a client to you. Hold up there, buddy! Can you accept that gift from a client? What are the ethical rules surrounding accepting gifts from clients? And even if it’s ethical, is it a good idea?...

Here’s an IP lawsuit that’s almost from another universe: Paramount v. Axanar is a copyright case against a start-up company that makes fan fiction based on the Star Trek television and movie series. But it’s more than a battle between the Star Trek copyright owners and anyone who may use their universe to create spin-offs. It’s more than a battle between a Goliath (the movies alone have made more than $2 billion) and a Davidic start-up (which collected about $1 million through crowd-funding)....

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. What is “real” and what is “fake” in terms of online content we review? This has become a major, if not dominant, concern with respect to the reliability of what we see on the internet. Are suggested “facts” really true? Do we really know the actual source of material posted on the internet?...

Everybody’s asking if Michael Cohen will flip, when perhaps the question should be will he get disbarred? Sure, Cohen is more concerned about a jail sentence than his law license. But for most attorneys, that’s not important right now. Lawyers – especially those who don’t stand a chance at a presidential pardon – ought to think about the real world ramifications of flipping on their clients. Flip or Not to Flip?...

Archery Lynn Overstreet, in addition to having a highly unfortunate name, also has an exceptionally sordid past. In 1986, while on probation for a burglary, he joined his brother, Clifford Carter, burglarized a home, and stole 13 firearms and a car. The duo then shot a police officer (and missed another) after they were pulled over for a seatbelt violation. They fled to a relative’s apartment complex, where they abducted, sexually assaulted, and shot a woman....

You might not give a lot of thought to how you sign off on your emails, but your “Sincerely,” or “peace” can have a big impact on how you are perceived. There are plenty of lists out there giving you examples of how to close an email. Forbes alone offers 146 ways, split amongst two lists. We think you’re smart enough that you don’t need to see every iteration of “Best regards” – please don’t use “Rgds” though....

As a business owner, it’s up to you to give performance reviews to your employees, and next to actually having to fire an employee, it ranks up there with “stuff I’d rather not do.” But, to be a truly effective employer it’s necessary to give your employees the feedback that will make them better at their jobs, and make your business more successful overall. If you’re used to being on the receiving end of performance reviews, and need some help on how to approach them, here are five tips to keep in mind....

Requiring mobile applications and websites to have a privacy policy is nothing new, but California is putting some teeth into its requirement by threatening to fine companies that don’t comply. California’s regulations have a fairly wide reach, affecting any company that does business in the state or has users who live in California. Not only are those companies required to have a privacy policy, they must also publish it conspicuously on their website and/or app so that users can find it....

Apple really needs to keep a closer eye on their iPhone prototypes. Reports are surfacing that an iPhone 5 prototype was lost in a tequila bar in San Francisco by an Apple employee. Does this story bring you sense of déjà vu? Maybe it should, since it was only last year that an iPhone 4 prototype was lost in a beer garden in Redwood City, California. Last year’s iPhone 4 leak launched a criminal investigation and charges against the two men who found the phone and sold it to online tech publication Gizmodo, reports CNet....

June is Pride Month, a month to celebrate the achievements of LGBT individuals and a month that has, sadly, already been punctuated by the tragic mass shooting that killed 49 patrons of an Orlando gay club. If your firm doesn’t yet have plans to celebrate Pride, you’ve still got time. Here are some ideas on how to get started. The legal industry isn’t the best when it comes to diversity, but there’s one place where it has stood out lately: LGTB rights....

In US v. Gurka, No.08-2584, the First Circuit faced a challenge to the district court’s denial of defendant’s motion to withdraw the portion of his guilty plea pleading to gun charges related to a cocaine trafficking offense. In affirming the conviction, the court held that the plain reading of 18 U.S.C. section 924(c)(1)(A)’s text shows that a defendant who exchanges drugs for guns “possesses” the guns “in furtherance” of a drug trafficking crime within the meaning of the statute....

Time to select the jury. A hundred people from around town file into the courtroom, upset that they have to be there at all, even more upset that they had to wait so long, and all of them claiming to have a prepaid vacation. Once the rest of the jurors find out there’s a lawyer on the jury, they’ll likely make him or her the foreperson. They’ll also probably defer to whatever the lawyer has to say about evaluations of the evidence....

In an action under the Voting Rights Act concerning the drawing of districts for municipal elections, judgment for defendants is affirmed where: 1) plaintiffs failed to present evidence constituting a redistricting plan that would have shown either the factual or legal possibility of creating a majority-minority district by dividing college dormitory students among the city’s wards; and 2) the district court did not clearly err in its use of total voting age population in making its computations....

When Connecticut student Austin Haughwout attached a semiautomatic pistol to his drone and showcased his proof-of-concept on YouTube, he must have known that government would start raising eyebrows. It looks like the legal issue this has instigated will end up in court soon enough. We all would love the privilege of roasting our next Thanksgiving bird via flying-flamethrower, but we genuinely feel that Austin has poked the dragon in the eye on this one....

If there is one thing you can be sure of when it comes to the Internet, it’s change. If you think you have it all figured out, you will be humbled quickly when the next big development occurs. This week’s major development: Google Instant. So what is Google Instant and how does it change the way clients seek attorneys? Google Instant is a search enhancement that shows results in real time, letter-by-letter, as you type....

A landmark Second Amendment case is making its way through the Fourth Circuit, and once again, the state behind the restrictive law is Maryland. Two years ago, it was concealed carry. This year, the issue is the assault weapons ban and magazine capacity limit that went into effect courtesy of the Firearm Safety Act of 2013, a gun control law passed in the wake of the Sandy Hook tragedy. As you might expect, the case has drawn attention from outside interest groups and amicus groups from all across the United States....