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FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. Intelligence agencies of the United States and the Department of Homeland Security in particular have accused Russia publicly of internet espionage intended to interfere with the US presidential election. In the wake of this accusation, the Obama administration has assured a retaliatory response designed to protect US interests. But if and when would this take place, and what are the governing international rules of this game?...

A Java security warning was recently issued by the U.S. government, which left many people wondering if they should uninstall or disable the software. And if so, how do you do it? Java is a piece of software that was created by Sun Microsystems, now owned by Oracle, that is mostly used in online games and other Internet applications. If you’ve ever seen a small steaming coffee cup icon come up in place of an online game, that game was built with Java....

Toribo-Chavez v. Holder, 2581437, concerned a Mexican citizen’s petition for review of the BIA’s affirmance of an IJ’s order of removal and a denial of his request for cancellation of removal. In denying the petition, the court held that there is substantial evidence to support the IJ’s and BIA’s finding that petitioner is removable, given the multiple marriage license and immigration forms that inaccurately reflected petitioner’s marital history and children, as well his false testimony under oath that his current marriage was his first....

In Polycarpe v. E&S Landscaping Serv., Inc., 08-15154, a case involving consolidated Fair Labor Standards Act (FLSA) actions claiming that during plaintiffs’ employment they worked more than forty hours per week and defendant employers failed to pay them either a federally mandated minimum wage, the court reversed summary judgment for defendants, on the grounds that 1) if a district court, ruling for a defendant, applied the “coming to rest” doctrine – for instance, by looking at where defendant bought an item instead of where an item was produced, the court must vacate the judgment for the defendant if there was a question about where the “goods” or “materials” were produced or where they moved; and 2) for the purposes of the FLSA’s handling clause, an item will count as “materials” if it accords with the definition of “materials” – tools or other articles necessary for doing or making something – in the context of its use and if the employer has employees “handling, selling, or otherwise working on” the item for the employer’s commercial (not just any) purposes....

What’s in a retainer? Your rights and responsibilities. Your client’s rights and responsibilities. Fee structures. Billing details for expenses. Malpractice insurance details or disclaimers. Limits on service. A termination plan. And, of course, state-mandated legal argle-bargle. We don’t care about your client – that’s your job. We care about you. And contracts are usually interpreted against the drafter, especially when one party is a lawyer. What do you need to include to cover your rear?...

There’s no doubt that the City of San Jose has changed over the years as Silicon Valley’s boom has transformed the entire Bay Area. And while tech company business dealings always seem to be wrapped up in NDAs for good reason, sometimes the very existence of NDAs can lead to bad PR and left-field litigation. Google’s new planned San Jose village is a prime example of how the overuse of NDAs can backfire, as their planned company town is now at the center of a public interest lawsuit as a result of secret dealing....

Last month, Tesla Motors succeeding in getting approval for the Tesla Semi (electric heavy truck) design patent. Notably though, that same design got the company sued for patent infringement by Nikola Motors earlier this year. The two trucks’ designs are rather similar, as any casual observer can see, and adding insult to the lawsuit, Nikola claims that Tesla’s bad press, including batteries catching fire and self-driving vehicle crashes, harms Nikola’s reputation as a result of Tesla’s infringing design....

The New York Times recently ran an opinion piece about the significant costs of child care, and its effect on families. It told the horror stories of various women and their experiences with finding safe, affordable daycare. The problem is, affordable daycare doesn’t appear to exist. One woman, an attorney, earns 50 cents in a biweekly pay period after paying for a nanny and private preschool, after a horrible experience with a “safe, affordable” in-home daycare....

As the world becomes smaller, it’s natural that law firms should become more diverse. In places like the Silicon Valley, for example, literally hundreds of ethnic and national backgrounds convene to make it one of the most pioneering regions in the country. Law firms can be the same way. But even if you’re not particularly happy about the multiculturalism movement, basic numbers suggest that multiculturalism is pretty much a force that cannot (and ought not) be stopped....

Being a litigator or trial attorney sometimes means going out on a limb with an untested or novel legal theory. Testing the waters of a new theory, or even a new law, can be scary. Judges will often scrutinize your case a little more closely and you won’t have the benefit of practice guides or precedent to tell you what to do. What’s worse is that there’s no clearly established precedent to rely upon either....

The cloud isn’t just going to transform how attorneys work and compute, it already has. From endless email storage to cloud-based eDiscovery, lawyers are working on the cloud every single day. So, what is the cloud anyway? (Besides just “someone else’s computer.”) And what do lawyers need to know about it? Here are FindLaw’s top seven cloud-based blog posts to help keep you up to date. Here’s why “the cloud” is more than just some buzzword techies throw around: the cloud is shaping, and will continue to shape, the way law firms are run and the way lawyers do business....

As the California fires raged, confusion reigned. An army of fire fighters attacked the flames from all directions. More than 100,000 people fled. Innumerable buildings and victims disappeared in the ash. Lawyers, too, lost their homes and offices in the rush to safety. So what would you save from your office if you only had five minutes? Businesses often have emergency plans, but maps only tell occupants how get out in case of fire or other disaster....

There are lots of factors that companies can’t take into account during hiring but is ‘beauty bias’ considered unlawful discrimination? There is some anecdotal evidence that attractive people get preferential treatment in a variety of things including hiring. But in some cases that preference is clearer than others. Marylou’s Coffee is an example of where a beauty bias could get your company in legal hot water. The Massachusetts-based coffee chain has a reputation for hiring young, cute female employees to wear their recognizable pink shirts and sling coffee....

You might have heard of James “Whitey” Bulger. He was the alleged head of the Winter Hill Gang, also known as Boston’s chapter of La Costra Nostra. During his time as the mob boss, he is alleged to have played a part in the deaths of at least nineteen men. In 2011, after being on the lam in Santa Monica, California for over ten years, he was identified, extradited, and set for prosecution....

In October, one of our “13 Legal Tech Stories Scarier Than Dracula or Wolfman” was the news that Verizon and AT&T were injecting a unique identifying number into the Internet traffic of subscribers who used Verizon Wireless cell data to surf the Web. This number could be used to tailor advertising to a particular device. In a terrifying confluence of puns, that story has risen from the dead in the form of “zombie cookies” that can’t be killed....

There are quite a few issues surrounding communicating with potential clients via text message. And while we’re unaware of any outright statutory prohibition on communicating via text once contact has been initiated, getting to that step can be ripe with conflict. Fortunately, for the many attorneys that have adopted the strategy of marketing via text message, an increasing number of states are okaying the practice and treating text messages like e-mail or other written communications....

If Dickie Scruggs had closed up shop after his wins against the asbestos industry and Big Tobacco, he could be enjoying a gorgeous Oxford, Mississippi spring, browsing in the best bookstore in America, and rolling around in the millions he collected as one of the top plaintiffs’ lawyers of his time. Instead, Scruggs decided that he really needed a win a fee-sharing dispute and persuaded Hinds County Judge Robert “Bobby” DeLaughter to tip the scales of justice in his favor....

Maintaining client relationships is just one the many jobs overseen by small firms or solo lawyers. While face-to-face attention is always best, you don’t have to do all your glad-handing by hand. Client relationship management software can help make your client connections and marketing efforts run more smoothly and seamlessly. But what, if any, CRM program is right for your practice? Here’s a quick overview to help you tailor your CRM to your firm....

Harry Hargrove – a “legend” in the dogfighting community – was sentenced to five years for an Animal Welfare Act violation. Recently, he appealed his sentence. Fortunately, the Fourth Circuit Court of Appeals had as little sympathy for Hargrove’s arguments as we have for people who abuse animals. Hargrove wanted the Fourth Circuit to roll over on his sentence; the appellate court, however, agreed that society would be better off with Hargrove doing a sit and stay in prison for the next five years....

Your client tells you he’s going to kill his ex-girlfriend and bomb state police barracks. Or perhaps you have an elderly client with limited capacity, who just got a new, very controlling, home health aide. Maybe you took on a case that you realize you don’t have the resources to handle. What do you do? If you need advice, you can ask. Many state and local bar associations have ethic hotlines that can guide lawyers through difficult situations....