Association Of Corporate Counsel Upcoming Cle Classes

Sometimes your company, or your outside counsel, will host CLE classes that are open for you to attend. Other times, you may want to do something a little different, and maybe even commiserate with other in-house counsel. If you choose the latter, then check out the great classes ACC is offering both online, and in person. Bringing Pro-Bono Work In-House for In-House Counsel, Nov 04 2013 12:00 PM ET Tips for starting your own in-house pro bono program at your company....

June 1, 2022 · 3 min · 432 words · Denise Pierson

Bad News For Patent Trolls Forum Shopping Is Finally Over

After a ruling by the U.S. Supreme Court in TC Heartland v. Kraft, patent trolls will have a harder time proving their cases. That’s because now patent claims will have to be made in a defendant’s home state – not in a forum-friendly jurisdiction that trolls have used to litigate claims on patents they purchased just to sue. “Forum shopping in patent litigation is over,” said patent lawyer Shawn G. Hansen....

June 1, 2022 · 3 min · 447 words · Helen Curtin

Chiang V Skeirik No 08 2105

District court’s dismissal of plaintiff’s amended complaint arising from denial of his petition for a fiancee visa is affirmed where: 1) district court did not err in dismissing plaintiff’s claim that his visa was improperly denied as he has failed to state a plausible entitlement to relief; 2) district court did not err in dismissing plaintiff’s Bivens claims as he failed to name any officers in their individual capacities in the first amended complaint and a Bivens claim does not lie against the United States; and 3) district court did not abuse its discretion in denying plaintiff’s motion to file a second amended complaint as it would have been futile....

June 1, 2022 · 1 min · 208 words · Erlene Young

Economic Crisis Creates Opportunity For Smaller Firms

As big law firms around the country are cutting associates and staff because of major dropoffs in business, smaller firms may be poised to swoop in and grab some BigLaw clients who are looking to cut legal costs. The current economic crisis has everyone looking to reduce expenditures across the board. A Bloomberg article states that many companies are adding smaller firms to their roster of outside counsel, and saving as much as half of what they would pay for similar work at a BigLaw firm....

June 1, 2022 · 1 min · 202 words · John Connor

Eeoc Wins Suit On Behalf Of A One Armed Security Guard

“The company is a joke. You sent me a one-armed security guard.” The complaint, from a community association that had hired Florida Commercial Security Services to provide it with a security guard, led to the removal of Alberto Tarud-Saieh from an $8-an-hour security guard position. (Tarud-Saieh lost his right arm in a car accident.) The company failed to reassign him to another post, effectively terminating his employment. His former employer is now learning a very important lesson, courtesy of a lawsuit brought by the Equal Employment Opportunity Commission: The customer isn’t always right....

June 1, 2022 · 2 min · 404 words · Craig Mccormick

Ex Teamsters General Counsel Stole 200K With Fake Cle Receipts Da

The ex-general counsel of a New York turnpike workers’ union forged bills for legal work and CLE classes to steal more than $200,000 from his client, prosecutors allege. Kevin Clor, 40, of Buffalo, faces charges of grand larceny, possessing forged documents, and falsifying business records, Reuters reports. He recently pleaded not guilty in a Manhattan courtroom. Clor submitted 150 forged receipts as general counsel for New York State Thruway Employees Local 72, prosecutors claim....

June 1, 2022 · 2 min · 346 words · Gwendolyn Perez

Exclusionary Rule Exceptions Alive And Well In 1St Cir

Not all fruit that falls from a “poisoned” tree is without use, a recent First Circuit case reminds us. The First Circuit rejected Marcia Garcia-Aguilar’s petition for review and affirmed the Bureau of Immigration Appeals’ (BIA) and an Immigration Judge’s finding that use of her birth certificate in establishing her alienage was not a violation of her Fourth Amendment right against unlawful search. Garcia’s case is a gentle reminder that the “fruit of the poisonous tree” doctrine is not an absolute bar to evidence that may have been improperly obtained....

June 1, 2022 · 3 min · 621 words · Della Knight

Father S Claims Against Egyptian Air Preempted

What’s up with parents kidnapping their kids and taking them to different countries? Just last week, we gave a preview of an international custody dispute that the Supreme Court is hearing, while the First Circuit heard a case of its own. Though dealing with different issues, these cases highlight problems that no parent wants to worry about. Colin Bower, a U.S. citizen met Mirvat El-Nady, an Egyptian citizen, in Egypt and married in 1998....

June 1, 2022 · 3 min · 449 words · Martin Geiger

Fdca Labeling Requirements Don T Preclude Lanham Act Claims

Yesterday, the Supreme Court decided a case that dealt with the intersection of the Food, Drug and Cosmetic Act (“FDCA”) and the Lanham Act. At issue was whether a company can sue a competitor for violating the Lanham Act for unfair competition arising from false and misleading labels, where the labels are found to comply with the FDCA. The Court’s unanimous decision may have wide reaching effects – read on to see if your company will be affected....

June 1, 2022 · 3 min · 485 words · Robert Martin

Findlaw S Top 7 Free Resources For Corporate Counsel

Internal counsel wear a lot of different hats for a corporation, and FindLaw gets that. Our website features a wealth of free resources that in-house lawyers can use to make your day-to-day practice easier, without spending a dime. To get you started, here’s a quick look at our Top 7 free resources for corporate counsel: 1. Legal Professional Blogs FindLaw’s legal blog network includes In House, a blog specifically written for corporate counsel....

June 1, 2022 · 3 min · 486 words · Mildred Pope

Is Lawyer S Ku Klux Coors Facebook Photo An Ethics Violation

One lawyer is facing some serious backlash after posting a racist meme to their Facebook that was intended as a joke and a test. The photo depicts three Coors Light beer cans wearing KKK hoods fashioned out of those white paper drinking cones. And if that wasn’t bad enough, the Coors Light cans are, impliedly, hanging a brown bottle of beer. And while his actions have raised the ire of the public, the lawyer is unlikely to face any official sanction or discipline, as Connecticut, his state of licensure, does not have a rule prohibiting such conduct for attorneys....

June 1, 2022 · 2 min · 396 words · Scott Laskowski

Keep Your Hands Off The Marijuana Tech Man

Legal marijuana is on a roll, but not in one tech space. CES, the world’s largest consumer electronics convention, will not allow vendors to showcase cannabis technologies. That would be e-cigs and vapes to the non-smokers out there. It’s unusual because Nevada, site of the annual trade show, has legalized medical and recreational pot. It looks like what happens in Vegas, doesn’t include marijuana tech. Marijuana Tech According to reports, CES 2019 has banned cannabis products from the convention floor....

June 1, 2022 · 2 min · 324 words · Jane Gullatt

Managed Services In Electronic Discovery Our Digitized Future

Just when finally found the time to catch up with the latest technological development, another one comes up. Technology is moving at such a brisk pace that even those in the tech fields have trouble keeping up. So, how can you – a busy lawyer – hope to stay on top of everything? Realistically, you can’t. And developments in ediscovery case management are the latest concern you have to deal with....

June 1, 2022 · 3 min · 455 words · Barbara Tisdale

Picking Up The Pacer New Tools New Lawsuits

If you use PACER, the public court records access system, you’ve probably had your fair share of frustrations. To put it mildly, PACER is not the most user-friendly, intuitive, or even functional legal service around. It’s not in the top 50. But thankfully, new tools are making the system easier to stay on top of and use, while a class action lawsuit is looking to get you reimbursed for alleged overcharges....

June 1, 2022 · 3 min · 552 words · Clarence White

Robotic Divorce It S Nothing Personal

While eHarmony and other internet sites are making matches, another online industry is splitting them up. Online divorce: it’s cheap, fast, and easy. At least that’s what the marketers say. Attorneys say there is no such thing as a free lunch or a free divorce. As the virtual world becomes more real, however, something is definitely missing in online divorces. It’s nothing personal. Online Divorce Karen Cory, a divorce attorney, says you can’t really get an “online divorce....

June 1, 2022 · 2 min · 335 words · Myrtle Story

Scent Sensitivity Not A Disability Does This Ada Ruling Stink

Tina Milton was a clerical employee with the Texas Department of Criminal Justice (TDCJ) from November 1990 until April 19, 2007. She was responsible for looking for coded gang messages in inmate mail. She was terminated, administratively, after failing to provide medical documentation verifying FMLA leave. Milton sued, arguing that she suffered from a disability: Namely, a sensitivity to scented candles and wall plug-ins. If you think that wouldn’t create a problem for a TDCJ employee, you would be wrong....

June 1, 2022 · 3 min · 547 words · Scott Bisio

Senate Debates How To Curb Mythical Frivolous Lawsuits

Several bills recently introduced in the Senate, aimed at curbing frivolous lawsuits, sparked congressional debate that might be worrisome to many federal practitioners. The suite of bills seek to erect higher barriers for individuals to sue businesses, as well as to make federal class action practice less lucrative for attorneys. While many senators believe that more needs to be done to stop the overwhelming volume of frivolous lawsuits, the data does not bear this out....

June 1, 2022 · 3 min · 453 words · Bernice Warden

Us V Bucci No 07 2376

Defendant’s sentence, a forfeiture order and convictions for drug trafficking and related crimes is affirmed where: 1) district court did not abuse its discretion in denying defendant discovery in support of his vindictive-prosecution claim; 2) a second superseding indictment was timely filed as defendant did not “engage” in a monetary transaction until the funds were deposited into his account; 3) defendant had no reasonable objective expectation of privacy in the front of his home; 4) officers had probable cause to believe there was evidence of criminal activity in defendant’s vehicle to conduct a search; 5) district court did not abuse its discretion in allowing the government a rebuttal opening statement; 6) district court’s imposition of enhancement did not violate defendant’s Sixth Amendment rights where the court was aware of its discretion to impose a below-guideline sentence and adequately considered defendant’s argument for a below-guideline sentence; and 7) district court did not plainly err in instructing the jury that “proceeds” meant “gross proceeds” for forfeiture purposes....

June 1, 2022 · 2 min · 278 words · Donald Clark

Us V Correa Alicea No 08 1124

Defendants’ convictions and sentences for conspiracy to possess with intent to distribute certain narcotics is affirmed where: 1) there is clear record support for the district court’s finding that one of the defendants was accountable for more than 4.5 kg of cocaine base during the charged conspiracy; 2) district court’s error in not handling a defendant’s expert request on an ex parte basis was harmless; 3) district court did not abuse its discretion in refusing to order production of a pretrial photograph; and 4) there was no abuse of discretion in the court’s ruling that the government’s failure to produce an audio recording did not result in prejudice....

June 1, 2022 · 2 min · 232 words · Jayson Strait

1St Cir Year In Review Top 10 Stories Of 2014

The First Circuit. It’s one of my personal favorites because of the judges themselves – from the logoleptic Senior Judge Bruce Selya to the talented storytelling Judge Ojetta Rogeriee Thompson. What were the year’s most exciting stories from the First Circuit? From sex changes to strip clubs to Fidelity’s fiduciary duties, these were the 10 most popular posts, in terms of traffic, for 2014: 10. 1st Cir. Finds Limits on Strip Clubs in Mass....

May 31, 2022 · 3 min · 582 words · Brandi White