After President Trump decided to end DACA, challenges were brought almost immediately as the potential harm for the “dreamers” was imminent. Judge William Alsup of the United States District Court for the Northern District of California, as one of the first federal court judges to hear a challenge, issued a preliminary injunction requiring the federal government to revive part of DACA while the lawsuit weaves its way through the court....
Frederick Gates burned through six court-appointed attorneys, filed a salmagundi* of pretrial motions, entered a guilty plea mid-trial, and then attempted to withdraw that plea. After all of that, he complains about Speedy Trial Act (STA) violations. Sometimes, if you throw enough crap at the wall, some of it will stick and the court will be forced to address speedy trial issues of first impression. That’s not what happened here....
Words to the wise: don’t tell bad judges they’re bad. It’s like bringing a knife to a gunfight. It’s not going to end well, even if you do get in a few digs. Attorney John Carter learned that lesson the hard way. Like his client said: “You know it’s a bad day when your lawyer goes to jail.” A Bad Day Somebody was having a bad day in a Palm Beach courtroom....
FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. The Freedom of Information Act (FOIA) was enacted to shine light on government activities for public review. Indeed, for our democracy to function effectively, those who govern must be accountable to those they govern. Along those lines, the Supreme Court has held that our citizenry is entitled to know “what the government is up to....
When it comes to online reputation management, law firms often fear the damage that can be done as a result of negative online reviews. The fact that there are several platforms that allow the public to write reviews for lawyers and law firms means that lawyers and law firms should be actively monitoring these platforms, and participating if possible. A recent study discussed in the Harvard Business Review explains that businesses that respond to every online review tend to receive higher online ratings and better quality reviews....
If you’re in charge of your firm’s marketing, and that includes social media marketing, as it should, you’ve probably seen quite a few memes. And if you don’t know what a meme is, or haven’t used one, you should definitely read on. A meme, simply, is one of those images with sarcastic or satirical text superimposed over it that gets shared on social media. Sure, there might be a bit more to it, but that’s the gist....
There’s a shootout in Texas over sanctuary cities, and right now the new sheriff and his deputy are winning. That sheriff would be U.S. Attorney General Jeff Sessions, and his Texas deputy would be state Attorney General Ken Paxton. Since President Trump took office, Sessions has been gunning for cities that refuse to cooperate with the President’s new immigration policies. The Texas legislature got behind Sessions and passed a law that penalizes the so-called sanctuary cities for non-compliance....
In a conviction of defendant for being a drug user in possession of a firearm and possession of marijuana, district court’s grant of defendant’s motion to suppress as to the marijuana and to all statements about the firearm and the marijuana is reversed and remanded as, defendant has not met his burden of proving the existence of an agency relationship between the government and the private security guards whose conduct is under challenge....
Employers want to make sure that the employee they’ve selected for a job is the right fit, which includes verifying some parts of the employee’s story. This is what references are for, but companies also use references to assess a prospective employee’s qualifications and ask for the referee’s opinion. That can create trouble in the form of lawsuits if the employee doesn’t get the job. For this reason, companies need to have reference policies in place, governing what supervisors can – and can’t – tell a former employee’s prospective boss....
By now, lawyers are getting pretty tired of lawyer jokes. Even if they haven’t heard them all, they’ve heard enough. The thing is, attorneys still need something to laugh about. That’s why lawyer cartoons are important, and the American Bar Association is doing something about it. The association is holding a cartoon competition for lawyers. What’s Your Impressionism? You don’t have to be an artist to compete. Just send in your best caption for this one:...
Companies are much more willing to part with millions of dollars than to admit that they have done wrong and violated the law. Settlements with enforcement agencies, the Securities and Exchange Commission chief among them, almost never require companies to admit wrongdoing – almost. For the past two years, the SEC has been pursuing such admissions more fervently. Under a new-ish policy, the Commission requires admissions of wrongdoing in “egregious” cases....
The American Bar Association Working Group to Advance Well-Being in the Legal Profession has created a pledge for law firms to commit to in order to help ensure lawyers can take care of their mental well-being and are not pressured into making unhealthy decisions. The pledge was created in response to survey results from last year that showed that mental health and substance abuse problems are more prevalent than previously believed....
The years of automatic rent payment increases may be over for landlords. With the last housing market collapse, landlords may be denied their annual rental payment increases for their Section 8 housing units. Even though their contract with MHA may state they will get these increases automatically every year, the contract may have a limitation clause within it that allows MHA to deny increases should it lead to a windfall for landlords....
Lawyers, take a moment to be proud of your profession. For the past several years, law firms have ranked highest on the Human Rights Campaign’s “Corporate Equality Index.” This year’s report shows that law firms are, again, ahead of the curve when it comes to providing transgender employees with equal rights. While the Human Rights Campaign’s numbers show an increase in the number of law firms that have transgender friendly policies, the National Association for Law Placement’s 2016 report found that the number of openly LGBT attorneys rose from 2....
It’s been a bad breakup between American Apparel and its founder and ex-CEO, Dov Charney. Once Charney’s bad-boy image had helped sell a brand that used “porny ads” to sell plain tees and spandex pants and rapidly expand across the U.S. After years of scandal, sexual harassment suits, and declining sales, Dov was finally kicked to the curb last December. But just like the creepy ex who won’t leave you alone, Dov is refusing to take the break up in stride....
Following the recent terrorist attacks on Paris, many government officials have renewed their calls for backdoor access to encrypted communications. Terrorists, we’re told, are “going dark,” using simple encryption technology to conceal their communications. Government and law enforcement, we’re told, need code-breaking, backdoor access to help fight off threats. But is it actually necessary? Encrypting your communications is easier than ever now. (There’s no need to learn Cherokee or Choctaw to keep your codes coded anymore....
If you’re going to smuggle drugs, be sure to obey all traffic laws. We’re talking transportation regulations, like boating laws that say a ship’s captain must turn on navigation lights at night. That’s what brought down a captain on the waters between Venezuela and Puerto Rico. That, and the bricks of cocaine he left on deck. Police saw the drugs and arrested him and his crew for breaking other trafficking laws....
As corporate counsel, you might occasionally find yourself in the role of corporate conscience. Like Jiminy Cricket with a J.D. When a customer or client has a legal beef with your company, you have to start the process of resolving that conflict. On one hand, you want to do right by your customers. On the other hand, you have to consider the broader implications. Businesses may get a bad wrap for their laser-like focus on the bottom line, but they can also run into trouble when they are too eager to do the right thing....
Suisa v. Holder, No. 08-2343, concerned an Israeli couple’s petition for review of a decision by the BIA pretermitting consideration of their applications for adjustment of immigration status under section 245(i) of the INA. In denying the petition for review, the court held that the Attorney General, confronted with the question of whether section 1255(i) applies to grandfather the substituted beneficiaries of labor certifications, reasonably determined that only beneficiaries substituted before April 30, 2001, the date selected by Congress, may be eligible to apply for adjustment of status under section 1255(i), and therefore, 8 C....
The Supreme Court refused to dive into an ongoing Lake Lanier water rights dispute this week, leaving Georgia as the big winner in what The Atlanta Journal-Constitution calls “the water wars.” Florida, Alabama, and Georgia have been arguing over Lake Lanier water withdrawal rights for decades. While the Atlanta metro area relies on Lake Lanier as the primary water source for almost 3 million people, Florida and Alabama argued that Congress never intended for Lake Lanier to provide drinking water....
