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Jacoby & Meyers, the New York-based personal injury firm, believes that law firms should be allowed to be owned, at least partially, by non-lawyers. They’ve even filed a lawsuit in New York challenging the state rule that specifically bars attorneys from practicing in firms or businesses in which a non-lawyer has any interest. If they prevail, it could mean that firms might be able to raise funds from a plethora of other sources, including outside investors....

When it comes to going in house, or “joining the dark side” as many in house and GCs joke, there are no shortage of perks. And if you’re considering attempting to transition into (or get your start in) an in house or GC roll, you’re either doing it for a love of money or a love of industry. If it’s the former (which it usually is), first off, you should know that not every in house strikes it rich....

Experienced litigators know that federal civil lawsuits are all about procedure. Taking the wrong tack before trial can sink your ship before it even leaves the shore. Even if your client has the most compelling claim for compensation, a jury may never hear it if you don’t get the discovery, removal and remand, and motions and pleadings right. If you’re seeking a federal appeal, you need to know what judges and circuits are looking for in terms of issues to review....

Conviction of defendant for drug related crimes and sentenced to 41 months’ imprisonment is affirmed in part, vacated in part, and remanded where: 1) the direct and circumstantial evidence presented at trial was more than ample to support the jury’s verdict; 2) district court did not abuse its discretion in denying defendant’s request for a “mere proximity” jury instruction; 3) defendant’s sentence is vacated and remanded as, on the record, district court did not understand that it had discretion to depart from the Guidelines, and was therefore, procedurally unreasonable; and 4) the order of forfeiture is affirmed as , district court did not clearly err in finding that defendant intended to use the $1,223 to commit, or to facilitate the commission, of the offenses for which he was convicted....

Facing security fraud charges, Elon Musk is stepping down as chairman but staying on as chief executive officer of Tesla. Tesla and Musk will also pay $20 million each in a settlement with the Securities and Exchange Commission. The agency alleged he falsely tweeted that he had financing to take the public company private. The controversial innovator sees himself as a futurist. In a way, that was the problem. The Fateful Tweet Musk will continue as the face of the company, but will drop back as chairman for three years....

Litigators beware: Do you know what your ringtone sounds like? Are you sure a prankster child, colleague, or office nemesis, hasn’t turned your ringtone into a duck, or something more nefarious? Obviously, you don’t want embarrassing sounds coming from your pocket during a meeting, or worse, while you’re in court. And while the duck ringtone may not actually be that bad (and could score you points with a duck-hunting judge), a simple, professional ringtone will always be less disruptive than something that’s even cautiously humorous, cool, or anything but professional....

Young v. Murphy, 09-1685, concerned a challenge to the district court’s denial of defendant’s petition for habeas relief, from his civil commitment to the Massachusetts Treatment Center pursuant to Chapter 123A of the Massachusetts General Laws, after a state court jury found that he was a sexually dangerous person. In affirming, the court held that the district court did not unreasonably apply Supreme Court precedent when it refused to credit defendant’s categorical claim that a diagnosis of antisocial personality disorder (ADP) can never serve as a sufficient basis for civil commitment because the disorder does not affect volition and is so prevalent among criminal offenders that it cannot be used to distinguish ordinary recidivists from the dangerously mentally ill....

Remember the “monkey selfie”? Well it’s back in the news, this time sans monkey. Slater claimed that he owned the photograph, but we (along with others) concluded that the photo had no owner. Slater didn’t create the photo, but a monkey isn’t a “natural person,” so it can’t own anything. Now, Slater is taking his monkey selfie fight to copyright experts. For some reason, Slater wrote an email to Sherwin Siy, who blogs at the website Public Knowledge....

One of the most important rules when it comes to drafting a pleading, or any document that will (or could) get filed with the court, is not codified anywhere except in the minds of good legal writers: Keep it simple. Using concise, plain language is the new normal when it comes to legal writing. And along with easy to read language, formatting your pleadings to be easier to review can payoff in dividends....

Running a solo practice can get lonely. In fact, you may have been considering keeping man’s best friend in the office. But before you fetch Rover, you should be aware that it may not always be a good idea to keep a dog (or any pet) in your law office. Here are five reasons you should consider for keeping your pet at home: Related Resources: Courthouse Dogs Are Cute, But You Can’t Cross Examine Them (FindLaw’s Strategist) FL Lawyers Can Now Use Nicknames like ‘Bulldog,’ ‘Shark’ in Ads (FindLaw’s Strategist) Judge Appoints Lawyer to Represent Pit Bull Facing Euthanasia (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...

In these digital times, there’s very little doubt that attorneys have a duty to keep confidential client digital data as safe as any other. However, as tech advances, so do the hackers and ne’er-do-wellers. And while lawyers and professionals may not be able to keep up in the cat and mouse hacking game, that shouldn’t ever prevent one from doing the right thing and telling the client that their data has been breached....

Now that is a clear arbitration clause. In the wake of the Supreme Court’s holding in Oxford Health Plans v. Sutter, we warned you to clarify your arbitration clauses. Now, weeks later, the Supreme Court has addressed arbitration clauses again, this time showing how much deference the parties’ choice to dispute resolution in the contract will receive. The clause at issue in the Oxford case provided for individual arbitration, but was silent on the matter of class-action arbitration....

Yep. First there was the bitter Black Swan lawsuit against Fox Searchlight pictures. Then, there was the Hearst Magazine class-action lawsuit, which went down in flames. Now, we’re getting a bit of déjà vu, as two former Conde Nast interns seem to be boldly going were the Hearst interns went before: the trash heap of suits denied class certification. Seriously though, we’re curious to see how these interns plan on avoiding the same fate as the Hearst interns, who lost their claims of commonality and predominance, and by extension, their class certification, last month....

Law students know it, and if you’ve just gotten licensed, you should know it too: networking is everything. Few people can appreciate the importance networking more than lawyers. But even if you’re not the most popular guy at the party, there are a couple of techniques you can employ to better improve your chances of catching the attention of someone who matters. We go into some examples. Not Reinventing the Wheel – Reinterpreting It Theda Snyder from AttorneyatWork....

As a solo practitioner or attorney in a small firm, you’re usually master of your practice area. Whether it’s bird law, bud law, or simply business law, you’ve got it down. But you can’t be a specialist in everything. Sooner or later, you’re going to come across an area of law that’s unfamiliar to you. Sure, you could learn it all yourself, but often your time is better spent bringing on associate counsel who can handle those issues for you....

If you are in-house counsel at Bank of America, you likely find your plate pretty full these days. And that’s thanks to a couple of big August BofA settlements and a case that’s headed to state court. Bank of America agreed earlier this month to a $55 million settlement to put an end to claims of former employees of the BofA-acquired Countrywide Financial Corp. The class action suit claimed that Countrywide breached an obligation to manage the former employees’ funds properly....

Sometimes, a routine traffic stop turns into something more serious. One day in Puerto Rico, it led to the end of a judicial career and 10 years to think about it. Judge Manuel Acevedo-Hernandez wasn’t even driving when police pulled over the car. His friend was driving. The problem was the officers recognized his friend from a negligent homicide case. The judge had just dismissed it. The $100,000 Question In United States v....

US v. Jackson, No. 09-4753, concerned a challenge to the district court’s denial of defendant’s motion to dismiss his indictment for making false statements on “a matter within the jurisdiction of the executive, legislative, or judicial branch of the Government,” in violation of 18 U.S.C. section 1001. As the court stated: “While we think that the executive branch’s authority to safeguard federal funds is a sufficient jurisdictional nexus on its own…even more direct controls that the executive branch exercised over Jackson....

US v. Gerhard, 08-2056, concerned a challenge to a conviction of defendants for actively supporting two convicted criminals during a well-publicized, nine-month standoff with federal authorities. In affirming the conviction and the sentences, the court rejcted defendants’ claims that their convictions are multiplicitous. Court held that the indictment adequately alleged the federal crimes committed by the two principals, and that the U.S. had “territorial jurisdiction” to prosecute defendants. Court held that a defendant’s Sixth Amendment right to represent himself was not violated....

In Elliot v. Carcieri, No. 09-1759, concerned a class action lawsuit on behalf of foster care children who are under the legal custody of Rhode Island’s Department of Children, Youth and Families (DCYF), claiming that systematic deficiencies in the state’s child welfare and foster care systems deprived the plaintiffs of their rights under the U.S. Constitution and several federal statutes. In reversing the district court’s judgment dismissing the complaint on the ground that the Next Friends lacked capacity to sue on behalf of plaintiffs, the court held that the district court erred in finding that the state appointed guardians ad litem or CASA advocates precluded plaintiffs from filing suit by a Next Friend....