Google resistance is futile. Seriously, Google it. It’s a Borge expression from another universe, but here it means you can’t stop Google’s fiber network. AT&T tried and failed. Last year, AT&T sued to keep Google Fiber from getting faster access to utility poles in Kentucky. A judge dismissed the case, and now AT&T is giving up. Fiber Network Despite setbacks and legal threats by AT&T to shut it down, Google was determined to pursue its technology....
BP argued before the Fifth Circuit on Monday that the settlement of its private claims related to the Deepwater Horizon spill should be thrown out for allowing claims that are too attenuated. According to The Times-Picayune, British Petroleum’s (BP’s) attorneys argued before a three-judge panel that the settlement rules approved by the district court violated Federal Rule 23 by allowing businesses to recover without proving losses were directly caused by the spill....
If you’ve set up some web connected tech in the last decade that requires password protection, there’s a good chance you’ve seen some pretty basic username password combinations (i.e. admin/admin) straight from the manufacturer and thought to yourself, “this must be like taking candy from a baby, for hackers.” Because it is. Some people are notoriously oblivious to the need to change factory set passwords, or that these even exist. However, a new law in California seeks to change that by requiring manufacturers that sell internet connected devices that should be password protected to ensure the devices come pre-coded with unique passwords that hackers cannot easily guess....
Boroian v. Mueller, 09-1630, concerned a challenge to the district court’s dismissal of the complaint for failure to state a claim upon which relief may be granted, in plaintiff’s suit challenging the government’s retention and use of his DNA profile and sample now that he has successfully completed his term of probation for his federal conviction for making a false statement in violation of 18 U.S.C. section 1001(a)(2). US v. Rosa-Carino, 08-1220, concerned a challenge to defendants’ convictions for participating in a large, international conspiracy to import by sea more than 5 kilograms of cocaine from nations in the Carribean....
The city of San Jose, California has gotten itself into a tight spot after it accidentally leaked some confidential documents in a stack of paperwork given to Pillsbury Winthrop Shaw Pittman. The documents were handed over as part of a California Public Records Act request between December 2011 and June of this year. Then in August public officials realized that not all of the documents were public records. The stack also contained 11 email chains that are confidential....
The Fifth Circuit reversed and remanded a decision by a Texas federal district court in a case that involved barista tips, Montano v. Montrose Restaurant Assoc. The legal issue at bar was whether or not “coffeemen” (aka baristas) are lawfully entitled to a percentage customer tips under a restaurant’s tip pooling arrangement. It turns out that it has little to with what you call them; it has more to do with the nature of their work....
Ly v. Holder, 09-2529, concerned a Cambodian citizen’s petition for review of a final order of the BIA upholding an IJ’s denial of his request for asylum and related relief. In denying the petition, the court held that substantial evidence supported the BIA and IJ’s findings that petitioner’s fears of future harm were unrelated to a protected ground, and his remaining claims lack merit. Aponte-Rosario v. Acevedo-Villa, 09-1200, concerned a challenge to the a grant of defendants’ motion for summary judgment in plaintiffs’ action against several officers of the Commonwealth of Puerto Rico, the Puerto Rico Public Housing Administration (PRPHA), and the Department of Housing and Urban Development (HUD), claiming that in preparing and approving an application for demolition of their housing project residents violated their statutory right to resident consultation under section 1437p of the U....
Way back in 2007, Sonnenschein Nath & Rosenthal cut its estate planning practice. Many industry-watchers speculated that other BigLaw firms would follow suit. Years later, it seems they were correct. Solo and Small Firm guru Carolyn Elefant predicted, both then and now, that solo and small forms stood to gain from the vacuum left behind. We couldn’t agree more. BigLaw has left the game. Meanwhile, the baby boomer retirement wave is cresting....
In the world of criminal justice, one of the more important legal terms, especially for the people actually facing the charges, is bail. It’s also a significant word in the civil context, such as when property is temporarily held in another’s custody. But, like many great legal words, bail has many other meanings, too, some which you might already know, and you might be surprised to learn that it originally didn’t have any connection to the law, nor cricket (aka wannabe baseball), and not even boats....
One of the main reasons you left BigLaw and became in-house counsel was so you could get away from the infamous billable hours. But, increasingly, corporations are looking for ways to measure the performance of their legal departments. As the ACC stated: “You can’t manage what you can’t measure.” Since what we’re really talking about is cost control and management – it can be divided in two general areas: spending and matters....
Who brings a dead argument back to life? On occasion, the parties to a U.S. Supreme Court case will abandon their own positions, which results in a so-called “Orphan Position.” In such a situation, the U.S. Supreme Court appoints an attorney to argue on behalf of the position. To date, 42 different attorneys have been selected over the years to make such arguments. However, only one has been an in-house counsel: Adam Ciongoli, The New York Times reports....
In an appeal from the district court’s affirmance of the bankruptcy court’s order disqualifying counsel for a creditor, the order is reversed where: 1) the bankruptcy court should have considered counsel’s evidence of his lack of involvement with the debtor while at his prior law firm in making its decision; and 2) counsel presented sufficient evidence to demonstrate that he did not operate under a conflict of interest when he undertook the representation of creditor....
Winning the acquittal of Casey Anthony may have made him the luckiest attorney in America, but things aren’t actually looking too great for Jose Baez. Investigated twice before for his conduct during Anthony’s representation, the Florida Bar Association has confirmed that a panel of three appellate judges has launched a third ethics investigation into his behavior. With this latest Jose Baez complaint, the governing body is questioning whether Baez violated his duty of candor to the court....
Despite the luddite label, law firms are not so bad after all when it comes to cybersecurity. “There’s this impression that the legal sector is behind everyone else,” says Jacob Olcott, a vice president at BitSight and an attorney. “From a quantitative, measurable standpoint, we don’t see that’s true.” So why do law firms have the reputation for being adverse to technology? And if that’s true, why are they so cybersecure?...
There are plenty frustrating things about legal writing, like annoying in-text citations, needless jargon, and inflexible word limits. But sometimes just writing is the difficult part. That’s because our emails, word processors, and smart phones don’t make it easy to use the special characters we need, like section symbols and paragraph signs. Now there’s a keyboard just for lawyers that will end some of that frustration – and give your mouse and alt key a rest....
You know that little voice inside that tells you to do pro bono work? Oh, you don’t hear that voice? Then listen to this: a new law says federal courts must promote pro bono legal services for domestic violence victims. It’s a challenge for busy lawyers to do pro bono. It’s a little easier, however, if you have that little voice or a little heart. Empower and Represent The Pro Bono Work to Empower and Represent Act of 2018, known as the POWER Act, mandates that federal courts annually hold events with domestic violence support organizations....
Petition for review of the BIA’s order denying a citizen of Cameroon’s motion to reopen his removal proceedings is granted and the BIA’s decision vacated and remanded as the BIA did not explain why petitioner’s new evidence failed to demonstrate a change of country conditions. Read Nken v. Holder, No. 08-1813 Appellate Information Argued: September 22, 2009 Decided: October 30, 2009 Judges Opinion by Judge Motz Counsel For Appellant: Lindsay Claire Harrison, Jenner & Block, LLP, Washington, DC....
A SWAT team gathered before dawn to plot their attack on a suspected drug dealer in Clayton County, Georgia. Police knew Jason Ward had a nine-millimeter handgun, so the officers had obtained a “no-knock” warrant that allowed them to break into Ward’s apartment without notice. They would use flashbang grenades to disorient him and break through a glass window as a distraction. Ward and his girlfriend, Treneshia Dukes, were asleep in the bedroom when Ward was awakened by a “boom” and then heard his “window break and shattering,” a court record said....
Last year, 49 attorneys general from 49 states came to a landmark $25 billion settlement agreement with the nation’s biggest banks. The agreement was reached after the individual states looked into foreclosure paperwork and process abuses, such as robo-signing, that were costing some consumers thousands of dollars in fees, and other consumers, their homes. New York Plans to Sue On Monday, New York Attorney General Eric T. Schneiderman announced plans to file a lawsuit against Bank of America and Wells Fargo over alleged breaches of the landmark settlement agreement....
If a picture is worth 1,000 words, this video is worth at least 1 million. Warning. This video contains graphic content and may not be suitable for some audiences. If you watch the video, the question is whether the officer used excessive force. According to the U.S. Ninth Circuit Court of Appeals, it is a question for a jury. That’s if the case gets that far. Shooting In Zion v. County of Orange, officer Michael Higgins is captured on video killing a criminal suspect....
