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Will they or won’t they? James Risen, a New York Times reporter and author, was subpoenaed to testify about the source of information in his book, State of War. Nearly everyone is certain that the source of that leak was the defendant, Jeffrey Sterling, but the government argues that Risen can provide the only direct, non-circumstantial proof of the leak. The Fourth Circuit, back in July, refused to recognize a common law reporter’s privilege that the Supreme Court has also chosen not to recognize....

Samsung’s iPad dispute with Apple has taken a creative turn. Samsung is now alleging that someone else dreamed up the iPad - Stanley Kubrick, director of the classic science fiction film 2001: A Space Odyssey. Samsung and Apple have been locked in disputes across the globe over their respective tablet computers. Apple has been trying to block Samsung from selling some of its tablet computer and smartphone devices. They claim that the iPad’s tablet design is exclusive to Apple....

It’s hard to feel bad for a multi-billion dollar oil titan whose Deepwater Horizon mishap caused immeasurable damage to the Gulf Coast, its ecological system, and the thousands of businesses that operate in the area, but let’s give credit where credit is due: they are paying billions for their mistake. The problem is, they may be paying too much. The Fifth Circuit Court of Appeals just ordered the district court to issue an injunction to halt payouts in certain cases, after BP complained of tenuous claims being upheld by the claims administrator and the court’s loose interpretation of the settlement agreement....

It’s common to get summeritis, you know, when all you do is stare out of your window and wish you were on the beach? Well, you can actually go to the beach and get work done – sort of. If you don’t mind doing light reading, or watching a video on the beach, summer is the perfect time to catch up on CLE courses. Just in time for summer, the American Bar Association has unveiled the ABA TECHSHOW Summer Series....

In a contract dispute between defendant-employer and its former general counsel over the interpretation of the severance and general release provisions of an employment agreement, district court’s judgment is affirmed where: 1) district court correctly concluded that the defendant did not breach the terms of the agreement when it failed to include plaintiff’s $1 million transaction bonus in the calculation of his severance payment; and 2) district court did not err in holding that defendant could not recover its fees and costs associated with defending against plaintiff’s claims as damages for alleged violation of the release plaintiff signed....

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. A recent study relating to data security breaches in the United States shows that total per-incident costs are substantial. The average total per-incident costs in 2009 were $6.75 million, comprised of an average cost of $204 per customer with a jeopardized record. Breaches included within the survey varied from 5,000 records to more than 101,000 records from 15 different industry sectors....

In US v. White, No. 09-4114, the Fourth Circuit faced a challenge to the district court’s conviction of defendant for being in possession of a firearm after having been convicted of a misdemeanor crime of domestic violence, claiming that his predicate conviction under Virginia law cannot be considered a “misdemeanor crime of domestic violence” as defined in 18 U.S.C. sectoin 921(a)(33)(A). In concluding that “physical force” is not an element of assault and battery under the well-established law of Virginia, the court reversed and vacated the sentence as defendant’s predicate conviction under Virginia law cannot be considered a misdemeanor crime of domestic violence as defined in 18 U....

One Connecticut attorney just argued the case of a lifetime before the state’s appellate court. And unlike other gimmicky defenses like affluenza, or the Twinkie defense, his “hash brown defense” sounds like an actual winner. It involved a cell phone ticket that, as you may have guessed based on the title, was actually a hash brown from McDonald’s. You know, those delightful phone shaped, fried potato patties. In short, a guy got pulled over and issued a distracted driving ticket because the officer believed the man was talking on his cell phone....

Judge Brian MacKenzie just can’t catch a break. Back in February, we recapped the rarest of all bench-slappings: a circuit court seizing control of Judge MacKenzie’s docket after finding that he ignored the law, handed out illegal sentences, hid or sealed case files, and tweaked court transcripts, all because he didn’t want to wait for a prosecutor to show up. Then, in late March, a recording of the Judge pressuring an inmate to drop a police brutality lawsuit surfaced....

If you’re in the market for a law job in Boston, here’s some good news. You might be able to work at the First Circuit Court of Appeals. It’s time to fire up your resume and send it out ASAP. The First Circuit Court of Appeals has announced a vacancy for Staff Attorney. But hurry up. This vacancy closes on March 19, 2012. There are two vacancies, to be precise. And this is not a long-term gig....

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. With the advent of the Internet, cell phones, wireless email devices and portable music players, many of us wear as a badge of honor our ability to multitask. But not so fast - a recent study by Stanford researchers concludes the opposite of what we might think: those of us who frequently are inundated with multiple sources of electronic information do not pay as close attention, control memory, or move from one task to another as well people who tend to complete one function or task at a time....

In a civil action involving sinking of a recreational boat, the district court’s judgment is affirmed where the district court did not err: 1) in finding defendant had no obligation to discover defects of the boat; 2) in finding defendant not responsible for the disabled automatic bilge pump; 3) in making various other factual findings; and 4) in ruling that the contract between Picchione and PJM did not provide for indemnification on these facts....

Having an “I don’t have enough initials after my name” kind of day? Exhausted from spewing out the same non-disclosure agreement over and over? Or maybe you’re just a good old Type A Personality overachiever. Better Understanding of the Business You Support Studying business may actually make you a better lawyer. You’ll get better insight into the businesses you support, which will make the advice you give to your clients that much better....

Dolours Price was, to put it mildly, a controversial figure. According to the New York Times, in her time as a member of the Irish Republican Army, she participated in the 1973 London car-bombings, helped carry out kidnappings and executions of suspected informants, and spoke out against the peace accord reached in the 1990s. It was one of her final acts, however, that brought controversy to the legal system of the United States....

In Equal Employment Opportunity Comm’n v. Fairbrook Med. Clinic, P.A., No. 09-1610, the Fourth Circuit faced a challenge to the district court’s judgment in favor of the defendant-employer in an Equal Employment Opportunity Commission’s (EEOC) suit on behalf of a plaintiff-doctor against her former employer for creating a hostile work environment because of plaintiff’s sex. As the court wrote: “In this case, many of Kessel’s comments ventured into highly personal territory....

As much as we love New Orleans, home of the Fifth Circuit Court of Appeals, it is a dangerous city. There were 199 murders in the Crescent City in 2011. There have already been 20 murders in New Orleans this year, and January isn’t quite finished. While many of the culprits and victims are part of the city’s drug and gang violence, bystanders and good Samaritans sometimes get caught in the cross-fire....

When office tech starts to show signs of aging, slowing, or becoming obsolete, law offices are often reluctant to upgrade. After all, office tech is not a cost that can be passed through to clients, and it can be rather difficult to convince yourself that spending money on tech is a good idea when the old tech is still (technically) working. But then, sometimes, you just need an excuse. And well, if that’s the case, below are five of the top excuses to upgrade....

Dakota is a lucky dog. She apparently is the first dog in the United States to be granted a pardon by a sitting governor. Gov. Paul LePage of Maine spared the Husky, who had been sentenced to die for killing another dog. Dakota had escaped from her owner, killed a small dog, and was picked up by animal control. A local district attorney brought the matter to court, and a judge ordered she be euthanized....

It’s been a slow week in the Eleventh Circuit. Last week, though, was a doozey. A Florida judge ruled the state’s same-sex marriage ban unconstitutional. Alabama’s Supreme Court said that injured consumers could go after brand-name pharmaceutical companies for problems caused by generics (provoking no small amount of controversy). With high courts in each state in the Eleventh remaining quiet, this week we have some (alleged) Chinese hackers and a class action lawsuit....

“What are some essential general counsel skills?” This question is undoubtedly on the mind of all in-house counsel, and all attorneys who are aspiring to become in-house counsel. Most general counsel positions require at least a few years of experience where attorneys can hone their skills. Some companies even highly prefer attorneys with government experience right now. But, besides this requisite experience, what else do savvy general counsels need? Effective communication skills are essential....