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A luddite? Or a stubborn woman making a valid point? The Supreme Court of South Carolina temporarily suspended an attorney from practice last week, and although that, in and of itself is not particularly unusual, one of the reasons for the suspension was: she refused to maintain an active email address. Suddenly, our question of whether a lack of social media savvy may someday constitute malpractice doesn’t seem so silly, does it?...

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. The cloud computing technology currently available is carrying us into the future in terms of the remote off-site handling and storage of our data. But are we safe in the cloud? Is our private data secure? Good questions According to a recent survey commissioned by Microsoft, while 58% of the general population and 86% of senior business leaders are excited with respect to the prospect of the cloud computing technology now available, more than 90% of them are worried about the security, privacy and access of their cloud data....

Rarely do you see judges use harsh language towards each other in opinions. You’ll see phrases like “respectfully dissent,” along with a lot of deferential disagreement, but rarely will you see descriptors like, “astonishing,” “outrageous,” and “totally unfounded” tossed back-and-forth to describe each other’s conclusions. But that’s exactly what we have here, in an otherwise unremarkable sentencing case involving an undocumented immigrant who made an illegal reentry after being deported for a domestic violence conviction....

Unless you file for an extension soon, your taxes for this year are coming up. If you’re a typical individual, you hate doing your taxes even more than you hate unclogging your drain. You know it has to be done, but you keep putting it off till the last minute. We suggest that your aversion to tackling your taxes might have something to do with not getting every last deduction you’re entitled to under law....

Sentence on a defendant convicted of possessing child pornography is affirmed where: 1) the district court properly interpreted the trafficking cross-reference under U.S.S.G. section 2G2.4(c)(2) to include situations in which a defendant intended to exchange child pornography without any commercial purpose; 2) defendant’s argument that the government must necessarily show the defendant actively and subjectively desired that others would get images of child pornography from him and that ordinary general intent does not suffice is rejected; 3) district court did not err in concluding that defendant’s online conduct showed an “intent to traffic” under section 2G2....

Sentencing challenge in conviction for drug and firearm related offenses US v. Thomas, 08-8436, concerned a challenge to the district court’s dismissal of the defendant’s motion to vacate, set aside, or correct his sentence under 28 U.S.C.A. section 2255, following defendant’s conviction for attempted possession of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. In vacating and remanding, the court held that, because defendant’s filings in the district court were pro se and the district court dismissed the section 2255 motion as untimely without obtaining a response from the government, the factual basis of defendant’s precise claim is not entirely clear from the motion....

When it comes to getting rid of old client files of the paper variety (after at least five years, of course), there’s really only a couple good options: burning or shredding. The latter is much more environmentally friendly, as shredded paper can be recycled, whereas burnt paper just releases chemicals into the atmosphere needlessly. However, for old digital files, neither burning nor shredding will really get rid of them (okay, maybe burning might, but it might not and you’ll never really be sure, and it’s probably not worth the risk, dangers, and bad smells, of burning electronic equipment)....

Are workers like Uber drivers or GrubHub deliverymen independent contractors or employees? This is one of the central questions in a growing sector of the economy, where app-based companies can help you get a ride to the airport or send someone over to do your laundry. Most of those companies treat such workers as contractors, while those workers are increasingly demanding recognition as employees. Two major cases, driver-led lawsuits against Uber and Lyft, were set to help end the debate....

In the ever-increasing competition for tech business in states, regulations matter. Many cities offer financial incentives to attract business, but a favorable regulatory environment for legal tech has certainly been stifled by a lack of regulation, or perhaps, over-regulation due to a failure to update the existing ones to account for the technological advances of the past decade. But now, Florida’s Supreme Court has a few matters on the bench that could turn Florida into a legal tech hub....

There is no ‘inner peace’ in the yoga pants lawsuit launched by Lululemon against Calvin Klein but the claim is an interesting one. Lululemon is claiming patent infringement on several design patents for their well-loved yoga pants, reports The Wall Street Journal. Design patents haven’t been popular for many years so any case that deals with them could potentially be a game-changer. Fashion and other design-reliant industries don’t have a lot of intellectual property protections....

Whether you’re a legal department of one or in charge of a behemoth in-house team, managing a legal department is no easy task – especially if you’re doing it blindly. How exactly do you track your performance or know if you are maximizing your department’s resources? Metrics, of course. Thankfully, Thomson Reuters, FindLaw’s parent company, has an extensive series on legal department metrics over at its Corporate Counsel Blog. We think these metrics should be integrated into every in-house teams’ practice....

You may make a great first impression on your potential clients, what kind of impression does your law office make? If your office looks like every other lawyer’s office, your potential clients could be underwhelmed. Everybody has seen the diplomas on the wall, the fake potted plants, and the bookcases filled with law books that nobody ever touches. Instead, dress your law office for success and make a great first impression with these five tips:...

From blogs to tweets, Facebook posts to Pinterest pins, it’s no wonder certain law firms’ social media strategies can come off as a little, shall we say, schizophrenic. When working across multiple social media platforms, striking a consistent tone is essential to attracting a loyal audience. Here are five ways to help identify your social media voice. What tone do you feel works best for you? Let us know on Facebook FindLaw for Legal Professionals....

Remember the good old days before Hobby Lobby, when free exercise cases didn’t impact reproductive freedom? Boy, do I yearn for a little harmless fun with Santeria in Florida, Hare Krishnas at the airport, or nativity scenes at Christmas. Prepare to be taken back in time as the Fifth Circuit upholds a Free Exercise challenge to the Migratory Bird Treaty Act, which the petitioners in McAllen Grace Brethren Church v. Salazar said prevented them from collecting bald eagle feathers to be used in religious ceremonies....

Will Texas get its chance to execute a schizophrenic man who defended himself while wearing a purple cowboy suit and tried to call JFK and the Pope as witnesses? Not yet. Scott Panetti, set for execution today, was granted a last-minute stay by the Fifth Circuit “to allow [the court] to fully consider the late arriving and complex legal questions at issue.” No timetable has yet been set, but the court did say in its order that a briefing and oral argument schedule would follow....

First impressions are important. If you want to make a great first impression on prospective clients, it’s crucial to have a great lawyer bio. Whether it’s the bio on your website, your LinkedIn page, or some other online destination, you should keep it up-to-date, reader-friendly, and appropriately detailed. Your Name Should Be Obvious: Your name should be extremely obvious. The firms name should be obvious. Equally important is your place in the firm and your contact information....

The state of Alaska has put its billion-dollar oil bond offering on hold after a lawsuit was filed challenging the recently passed law authorizing the bond sale. The oil companies that were likely to be paid back as a result may just have to wait a little while longer. Curiously, the lawsuit was actually filed before the law was signed by the state’s governor, and it has nevertheless resulted in stalling the bond sale....

The First Circuit affirmed the lower court’s decision in the case of U.S. v. Giggey. The appeal questioned the sentence that was imposed on an individual convicted of conspiracy to sell, and possession with intent to sell, both controlled and analogue substances. The substance in question was bath salts, which is just a common name for what could be one of many actual drugs or analogues. The appeal sought to reduce the sentence based upon various legal theories, including leniency, believe it or not....

How can you build a practice if you are a hermit? We’re not talking full-bearded or Hobbit-like hermit. But let’s talk about attorneys who are more comfortable working at home or shutting out the world behind an office door. Those kinds of hermits can make more money than you may think. Here are some pointers for the hermit-lawyer in all of us. Own the Pond Not everybody is a shark, and even a little fish can rule a pond....

Today, the Eleventh Circuit decided cases concerning civil rights and False Claims Act issues. US ex rel. Sanchez v. Lymphatx, Inc., No. 09-14275, was a False Claims Act action alleging fraudulent billing and retaliatory discharge claims against a government contractor. The district court dismissed the complaint. The court of appeals affirmed in part on the ground that plaintiff was represented by counsel but did not move for leave to amend. However, the court reversed in part, holding that, because plaintiff’s retaliation claim did not depend on allegations of fraud, the complaint only needed a short and plain statement of the claim showing that she was entitled to relief....