11Th Cir Revives Sex Offenders Challenge To Miami Residency Restrictions

In Miami-Dade County, sex offenders who have been convicted of crimes involving victims under the age of 16 cannot live within 2,500 feet of any school, with few exceptions. Now, two sex offenders say that the restrictions were so harsh they were driven to homelessness. Miami-Dade’s law so limited housing options that both offenders had nowhere left to live but a homeless encampment, they claim. Those offenders sued, alleging that the law, adopted in 2005 and after their convictions, was so punitive that it violated the ex post facto clause of the federal and Florida constitutions....

May 29, 2022 · 3 min · 488 words · Nichole Harman

2009 Peanut Recall Things To Consider For Corporate Catastrophes

In 2009, one of the largest food recalls in American history was announced. According to Wired, by the end of the peanut-linked salmonella outbreak, there were 714 people known to have been made sick (though likely more), hundreds were hospitalized, and nine died. Though most recalls end in a few sick people, a lot of hysteria, and possibly a few fines, the principals in the PCA conspiracy are facing federal felony charges in Georgia and could end up in prison for a long time....

May 29, 2022 · 3 min · 451 words · Peter Forsythe

A Staggering 20 Of 48 Supreme Court Cases Are From 9Th Cir

The Supreme Court is back in session, and a “staggering” amount of its caseload will be from the Ninth Circuit. In total, the nation’s highest court will be hearing around 48 cases. About 42%, or 20 out of the 48 cases in the docket, comes from Ninth Circuit. Why are so many of the cases coming out of the western states? Is it because the Pacific coast is rife with juicy disputes?...

May 29, 2022 · 2 min · 338 words · Donald Elliott

Ada Appellant Loses In School Of Hard Knocks

Victor Sepulveda-Vargas, working late as an assistant manager at Burger King, had a really bad day. While attempting to make a deposit, he was attacked at gunpoint, hit over the head and had his car stolen. But that was just the beginning of what an appeals court called, “a lesson straight out of the school of hard knocks.” In Sepulveda-Vargas v. Caribbean Restaurants, LLC, the former Burger King manager sued because his employer declined his request to change his shift....

May 29, 2022 · 2 min · 362 words · Nada Wells

Appeals Address Estates Action Against The Plo And Issue Re Specific Personal Jurisdiction

In Ungar v. Palestine Liberation Org., No. 09-1778, the First Circuit decided a case involving an action brought by the estate of plaintiffs against the Palestine Liberation Organization and the Palestinian Authority for damages under the Anti-Terrorism Act for the killing of the plaintiffs in Israel by Hamas. In addressing the question of whether there was a categorical rule that a party whose strategic choices lead to the entry of a default judgment is precluded from later obtaining relief from that judgment under Rule 60(b)....

May 29, 2022 · 2 min · 256 words · Andrew Ned

Bath Salts Conviction Upheld By First Circuit

Alan Ketchen came to the party a little too late. Not the drug fest at his house; that party was going on all the time. It was his motion to withdraw a guilty plea; that was too late. Ketchen wanted a do-over because – after he pleaded guilty to drug charges – a new case said prosecutors had to prove criminal defendants know the drugs they are dealing are controlled substances or “substantially similar” drugs....

May 29, 2022 · 3 min · 449 words · Lisa Campbell

Chief Judge Lynch Speaks To Grads At Bu

Speak up and have your voice heard. That was the message that Chief Judge Sandra L. Lynch aimed to send to the graduating students at her alma mater, Boston University. Judge Lynch spoke before the graduating seniors at Boston University on Sunday. Judge Lynch is currently the Chief Judge of the First Circuit Court of Appeals. She graduated from Boston University Law School in 1971. In her Baccalaureate address at Marsh Chapel, Judge Lynch urged the seniors to speak their minds and make their country better....

May 29, 2022 · 2 min · 319 words · Shirley Perego

Did This Chinese Startup Just Make The Dream Smartphone

If a friend were to ask for an affordable smartphone recommendation today, my initial response would be “Nexus.” In fact, that would be the gut response of most tech geeks, as Google’s own devices receive software updates before anyone else, are reasonably priced, and are typically at or near the top of the market specs-wise. An iPhone 5S, off contract, will cost you $650. Most flagship Android devices, off-contract, are in that same range, but the Nexus 5?...

May 29, 2022 · 3 min · 578 words · Pearl Deyoe

Don T Get Sanctioned Over An Unsuccessful Meet And Confer

Attorneys everywhere beware: make sure your “meet and confer” is successful, otherwise you may face sanctions. Discovery sanctions are probably something that lawyers are acutely aware of. In one case, Qualcomm was fined $8 million when a judge found their attorneys deliberately withheld information from the defendant, Broadcom Corp. How do you avoid sanctions? Why follow the rules of civil procedure, of course. In federal courts, the Federal Rules of Civil Procedure is king....

May 29, 2022 · 2 min · 399 words · Leonard Baker

Don T Let Employee Email Get You Sued

Based on the recent Apple-Samsung lawsuit and CIA Director General David Petraeus’ dismissal, employee email isn’t as private as we’d like to believe. There’s a lot you can do to protect employee email messages from being leaked to the media or to competitors. But in the case of a trial, email between employees are rarely considered privileged. That means a lot of private information could potentially be discoverable. It doesn’t help that eDiscovery plays a significant role in many trials and that email is an increasingly important piece of evidence....

May 29, 2022 · 3 min · 436 words · Sylvester Cosme

Georgia Senators Withholding Blue Slips In Jill Pryor Nomination

It looks like there’s a holdup in Eleventh Circuit Court of Appeals nominee Jill Pryor’s confirmation. Georgia Senators Saxby Chambliss and Johnny Isakson have not submitted “blue slips” to allow the Senate Judiciary Committee to proceed with a hearing on Pryor, reports The Atlanta Journal-Constitution. Chambliss and Isakson indicated to the White House in January that they would not block Jill Pryor’s nomination to the bench, though they preferred Troutman Sanders partner Mark Cohen for the position....

May 29, 2022 · 3 min · 449 words · Michelle White

How Do You Explain The Green Card Process

Green card marriages happen. The concept seems cliché when used in movies and television shows, yet there are people who turn to sham unions to get citizenship. But while marriage may be what brings two willing parties together today, it’s not a guaranteed path to citizenship or a green card. If you have an immigration law practice, you’ve probably fielded hundreds of questions about green cards: Do I have to get hitched to get a green card?...

May 29, 2022 · 2 min · 387 words · Chaya Monahan

Is Your Computer Battery An Energizer

Eric Sinrod is a partner in the San Francisco office of Duane Morris LLP (http://www.duanemorris.com) where he focuses on litigation matters of various types, including information technology and intellectual property disputes. His Web site is http://www.sinrodlaw.com and he can be reached at ejsinrod@duanemorris.com. To receive a weekly email link to Mr. Sinrod’s columns, please send an email to him with Subscribe in the Subject line. This column is prepared and published for informational purposes only and should not be construed as legal advice....

May 29, 2022 · 1 min · 151 words · Michael Saunders

Lawyer S Parroted Twitter Joke Leads To Accusations Of Plagiarism

Twitter users tend to run in groups. There’s political Twitter, black Twitter, legal Twitter, and even #appellatetwitter. And over the past few days, the legal twittersphere has had its feathers ruffled a little bit. As you would expect, the controversy is over an (allegedly stolen) joke involving a parrot. On Monday morning, Michael E. Adler, a business lawyer in Philadelphia, blew up legal Twitter and regular Twitter when he posted this:...

May 29, 2022 · 3 min · 516 words · Sharon Darling

Lawyers Need A Booth At The Farmers Market Or County Fair

It’s officially now spring, which means (for most of the country) blue skies and warm weather. People are outdoors at fairs, festivals, and farmers markets. What are you doing indoors on a beautiful Saturday afternoon? You should be out there, at the fair, drumming up business. Outdoor events are a great way to talk to potential clients, and even if you don’t sign anyone up, you get your name out there in the neighborhood and be part of the community....

May 29, 2022 · 3 min · 623 words · Ruby Ortega

Newsletters Are Back In Style Should Your Firm Have One

We’re in the midst of a freaking epistolary renaissance, and we largely have newsletters to thank. The electronic newsletter has been undergoing a rebirth over the past few years, with an ever growing number of informed, intelligent, and insightful newsletters ready to fill up your inbox. Celebrities send out newsletters, newspapers have put a renewed focus on email, and bloggers and economists and politicians (and FindLaw!) all send their insights and updates straight to your email....

May 29, 2022 · 3 min · 536 words · Jennie Alvarez

Penn State Gc Cleared Of Ethics Violations In Sandusky Case

When football coach Jerry Sandusky was convicted of sexually abusing boys, the locker room talk changed. It was no longer about what he did in the showers; it was about who covered for him. Three university officials soon joined Sandusky on the guilty bench. But no one thought their lawyer would be in trouble. Cynthia Baldwin, after all, was a former justice of the Pennsylvania Supreme Court. Charges Dismissed Baldwin, as general counsel for Penn State, faced disciplinary charges for alleged conflicts of interest in representing the university officials in grand jury proceedings....

May 29, 2022 · 2 min · 330 words · Daisy Price

The Nexus 4 Your Next Smartphone If You Can Find One

Describe your ideal smartphone. Take a moment. Think about every ideal quality it should have. What is the Nexus 4? It’s a joint venture between LG and Google. It is a top-of-the-line smartphone, available off-contract, for $300. We won’t bore you with too many specs, other than to say that it has a quad-core processor, a 4.7 inch screen with 320 pixels per inch, and your choice of eight or sixteen gigabytes of storage....

May 29, 2022 · 3 min · 536 words · Linnea Garcia

Us V Engle No 08 4497

In a conviction of defendant for tax evasion, district court’s imposition of a sentence to four years’ probation, conditioned on the service of eighteen months’ home detention with work release and international travel privileges is vacated and remanded where: 1) the district court committed significant procedural error by minimizing of the seriousness of defendant’s conduct, failing to consider the relevant policy statements and the need for general deterrence, and insufficiently explaining the reasons for its view that a term of imprisonment was not required; and 2) the sentence imposed was substantively unreasonable because of the district court’s improper focus on defendant’s financial ability to pay restitution....

May 29, 2022 · 1 min · 189 words · Sandra Whittenberg

Where To Find Legal Interns

If you’re not using interns, you’re missing out. Sure, interns provide work – often cheap (but not free) work. But more importantly, they can bring fresh perspectives and energy to your practice. Working with interns is an easy way to mentor a new generation of lawyers and give back to the legal community. Plus, the really good ones might even join you after they graduate. Here’s where you can find them....

May 29, 2022 · 3 min · 518 words · Gregory Killian