The Role Of The Internet In The Swine Flu Crisis

FindLaw columnist Eric Sinrod writes regularly in this section about legal developments surrounding technology and the internet. However, technological advances have led to the creation of the Internet, where people at their fingertips can gain access to up-to-the minute information about problems as soon as they occur and how they might be able to address those problems. As just one example of where to find important information online, the Centers For Disease Control and Prevention maintains a valuable page devoted to swine flu at http://www....

March 19, 2022 · 3 min · 572 words · Robert Howard

Us V Bishop No 09 20750

False Tax Return Conviction Affirmed In US v. Bishop, No. 09-20750, the court affirmed defendant’s conviction for making a false statement in a tax return where 1) the trial court’s core finding, moreover, that the government was not delaying the trial in order to gain an impermissible advantage at trial, was based on findings of fact that were not clear error; 2) the district court did not prospectively prevent defendant from emphasizing the elements of the government’s case that she considered weakest; and 3) it was within the district court’s discretion to decline to prolong its original proceedings to consider matters that would be better raised collaterally....

March 19, 2022 · 1 min · 161 words · Pamela Moriarty

Us V Taylor No 08 60581

Defendant’s sentence for fraud in obtaining disaster relief assistance is affirmed where: 1) any error resulting from recalculation of the loss to FEMA caused by defendant’s offenses did not affect defendant’s substantial rights, and therefore was harmless; 2) the district court’s order of restitution and forfeiture against defendant would not result in double recovery to the government; and 3) the district court did not err in not offsetting defendant’s restitution obligation by the amount he was required to forfeit....

March 19, 2022 · 1 min · 135 words · Norma Jacks

Will Secret Ish Dhs Procedure To Cut Cell Phone Service Be Revealed

The Department of Homeland Security could possibly have to reveal details of its secretive Standing Operating Procedure 303 program should the D.C. Circuit rehear a recent decision en banc. SOP 303 is the voluntary process for cutting off the nation’s cellular phone system in times of emergency. The program, adopted after cell phones were used in a 2005 London bombing, is highly controversial. Cutting off mobile communication is something more often associated with authoritarian regimes looking to maintain a tenuous grasp on power....

March 19, 2022 · 3 min · 509 words · Russell Ring

5 Networking Tips For Introverted In House Counsel

Networking, networking, networking – we know, snagging a great in-house gig is all about networking. For social creatures, the mantra that “it’s all about who you know” is music to the ears. Most introverts, on the other hand, would rather gouge their eyes out with a fork than attend a networking event. If that describes you: Put the fork down, because guess what? Introverts can network, too! Here are a few networking tips for socially awkward and introverted in-house counsel:...

March 18, 2022 · 1 min · 158 words · Michael Cooper

5 Ways To Make The Most Of Summer Legal Interns

Your summer legal interns are likely eager, ambitious, and ready to learn as much as they can during the few months they’ll be working at your law firm. But aside from conducting legal research, writing memos, and accompanying you to court or other proceedings, how else can you make the most of your summer interns, while making sure they get a valuable learning experience? Here are five suggestions to put your summer legal interns to work in ways that can pay off for you, and for them:...

March 18, 2022 · 3 min · 446 words · Sonya Grant

Are You Burnt Out 5 Signs You Might Be At The End Of Your Rope

Staying late, working weekends, worrying over your performance – all of this can quickly lead to burnout. For lawyers, burnout is so common that there are whole industries devoted to helping us quit the profession. But how can you be sure you’re actually burning out like a cheap light bulb and not just going through a bad patch? Here are five signs you may be at the end of your rope:...

March 18, 2022 · 3 min · 538 words · Marilyn Dunn

Can Best Practices Be Bad For Your Law Practice

Before Copernicus published his book ‘On the Revolutions of Heavenly Spheres,’ the scientific community traditionally thought that the Earth was the center of the universe. That’s thousands of years of wrong. So what does that have to do with “best practices” and law practices? Well, maybe the traditional way of doing things is not exactly right. “Best Practices Backfire” Freek Vermeulen, author of Breaking Bad Habits: Defy Industry Norms and Reinvigorate Your Business, says too many companies are holding to traditional best practices....

March 18, 2022 · 2 min · 373 words · Ethel Simpson

Criminal Matters Including Conviction For Stealing 29 Million Cezanne Painting

In US v. Mardirosian, No. 09-1144, the First Circuit faced a challenge to a conviction for possessing, concealing or storing six stolen paintings, including a rare Cezanne valued at $29 million. In affirming the conviction, the court rejected defendant’s claim that there was insufficient evidence to convict as the owner had given him legal title to the paintings in a 1999 agreement. The court affirmed the district court’s conclusion that the 1999 Agreement had no bearing on the “stolen” character of the paintings as the agreement was void ab initio as a contract for an illegal purpose....

March 18, 2022 · 2 min · 238 words · Justine Steere

Dead Person Is A Person In Aggravated Identity Theft

Dead men tell no tales, but the Eleventh Circuit Court of Appeals says that they can be victims of aggravated identity theft. Last week, the Eleventh Circuit joined the First, Seventh, Eighth, and Ninth Circuits in finding that using a dead person’s identity can be grounds for an identity theft conviction. Graciela Zuniga-Arteaga, a Mexican national, entered the U.S. and, after a run-in with the law, claimed to be a U....

March 18, 2022 · 3 min · 488 words · Joseph Pugh

First Circuit Upholds Tight Wastewater Permitting Standards

The First Circuit Court of Appeals ruled against a Massachusetts wastewater treatment plant in an August 3 decision. But not all are happy with the decision. The Mayor of Worcester, for one, is debating what to do next, in light of the First Circuit’s upholding of the stringent environmental limitations on the Millbury facility, reports the Telegram News. The treatment plant, which was discharging into the Blackstone River, was appealing the stricter pollution limits of the Environmental Protection Agency....

March 18, 2022 · 2 min · 333 words · Claude Milligan

Hiring A Remote Freelance Lawyer Is It Right For Your Practice

Like it or not, hiring in-office lawyers is slowly going the way of the dodo bird. Remote hiring is in. More and more, attorneys are finding themselves mobile rather than sitting down in an office. This is bad news for lawyers looking for stable employment, but as they say – one’s tragedy is another’s cause for celebration. Keep in mind a few factors before you go out to hire your first freelance attorney....

March 18, 2022 · 3 min · 544 words · Sherry Beck

Holler Much Ado About Discovery

With the Labor Day holiday behind us, it’s been a happening week for discovery, both electronic and regular, fraudulent and non-fraudulent. Did we miss any of your favorite law blogs (aside from FindLaw’s blogs, of course)? Let us know via Twitter (@FindLawLP) or Facebook (FindLaw for Legal Professionals). Related Resources: Is Not Understanding e-Discovery Unethical? (FindLaw’s Technologist) E-Discovery: Do you Know Where Your Client’s Data Is (or Where It’s Been)? (FindLaw’s Technologist) The Growing Reach of e-Discovery: Text Messages (FindLaw’s In House) Metadata, Falsified Discovery Requests Lead to 6 Month Suspension (FindLaw’s Strategist) You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help Civil Rights Block on Trump’s Asylum Ban Upheld by Supreme Court...

March 18, 2022 · 1 min · 134 words · Joyce Cardenas

Irs Can Lose Returns Burden On Taxpayer For Mailbox Rule

In the midst of tax season, here comes a tax case out of the First Circuit Court of Appeals. The case deals with the prerequisites to filing a refund claim with the District Court. Stripping the tax lingo out of this case, this case really emphasizes the importance of maintaining good tax records and, just as importantly, maintaining proof that you’ve actually mailed your tax returns or claims. There are many procedural prerequisites to filing a claim for refund in the District Court; one of them is that you can’t maintain a tax refund suit in District Court unless the refund claim “has been duly filed....

March 18, 2022 · 3 min · 498 words · Irene Dullea

Judge Slams Clemency Board For Violating Ex Felons Voting Rights

Judge Mark Walker bent Florida’s clemency board over his knee and gave it a spanking. With a figurative flair, the federal judge said the board’s arbitrary and “unfettered discretion” over felons’ voting rights violates the Constitution. He compared it to a prison guard taking the key and swallowing it. “Only when the state has digested and passed that key in the unforeseeable future, maybe in five years, maybe in 50 … does the state, in an ‘act of mercy’ unlock the former felon’s voting rights from its hiding place,” he wrote in Hand v....

March 18, 2022 · 3 min · 429 words · Margaret Irvin

Law Firms Embrace Modern Layouts To Free Up Space

After many years of lounging in antiquity, law firms are finally taking the necessary steps to modernize their practices, especially in terms of utilizing their real estate. In Orange County, California, a number of law firms have gotten creative with their real estate challenges, which include shrinking availability of rental space, growth limitations, and ever increasing costs of construction. Here are a few ways Orange County firms have reduced in order to compete....

March 18, 2022 · 2 min · 329 words · Charles Padilla

Law Firms In The Cross Hairs Of Accounting Scrutiny

In a recent The Economist piece, Matthew Valencia offered his predictions for the genesis of the next legal-financial scandal. After these last few years of LIBOR manipulation, Volkswagon, and investigation by the CFTC into precious metals manipulation, it can almost be said that the public is inured to these sorts of scandals. A number of suspects were named, including China (referring to possible market troubles), unscrupulous elites trading art pieces, and of course – law firms....

March 18, 2022 · 3 min · 476 words · Apolonia Baptiste

Lawyers Comcast May Be Cheating You And Everyone You Know

If you have Comcast internet service, you might want to take a closer look at your bill. If there’s a charge for a Service Protection Plan, or SPP, you may want to start digging to find out how that got there. If the numbers from Washington’s AG are right, there’s over a 50 percent chance you were lied to by Comcast. The Service Protection Plan (SPP) charge apparently covers quite a bit that the company already provides standard with their service....

March 18, 2022 · 3 min · 456 words · Mark Pedrick

Need To Protect Ip Internationally File A Pct Application

You have contracts with vendors and employees. You have trade secrets agreements and domestic patent protections. You’re even pursing individual foreign patents. But, if you’re not filing an application under the Patent Cooperation Treaty, you’re overlooking an important tool to protect your company’s intellectual property internationally. The Patent Cooperation Treaty creates a unified procedure for patenting inventions internationally. And while a PCT application doesn’t actually result in an international patent, it does have numerous benefits, including reducing patent examination work and giving you an extra 18 months to file for patent protection in foreign jurisdictions....

March 18, 2022 · 3 min · 459 words · Gregory Moncada

No Retroactive Recusal For Stripper Patronizing Judge

We’ve read our fair share of appeals challenging local ordinances banning nude dancing in places where alcohol is sold. The outcome is generally the same everywhere. The appellate court upholds the ordinance, and the club proprietor or stripper tells the local media that he/she will keep fighting the good fight. Say what you will about strippers and clubs, but they make tenacious litigants. Last week, it was the Eleventh Circuit Court of Appeals’ turn to strip a nude entertainment club of its appellate-victory dreams, as the Atlanta-based court upheld a Spalding County, Georgia nude dancing ban....

March 18, 2022 · 3 min · 510 words · Donald Franklin