Smartphones Can Do Anything Right

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the Internet. Once upon a time, frankly not that long ago, a telephone was something that was tethered by a wire to a phone jack and that enabled people to make telephone calls – nothing more. A home had one phone line, and perhaps multiple phones for that line. Things became just a bit more interesting later when a home had more than one phone line....

February 25, 2022 · 4 min · 753 words · Jason Nelson

Snyder V Phelps No 08 1026

In a state tort lawsuit brought by plaintiffs arising from defendants’ protest against gays in the military near the funeral for plaintiffs’ son who had died in the Iraq war, district court’s award of $8 million in compensatory damages and $2.1 million in punitive damages against defendant-Baptist church and members is reversed as the judgment attaches tort liability to constitutionally protected speech, and thus, the district court erred in declining to award defendants judgment as a matter of law....

February 25, 2022 · 1 min · 156 words · Paul Leak

Texas Gay Marriage Ban Unconstitutional Fed Judge

A Texas federal court ruled that the state’s gay marriage ban was unconstitutional on Wednesday, but the ruling is stayed pending appeal. U.S. District Court Judge Orlando Garcia found in De Leon v. Perry that Texas’ laws prohibiting two Texas same-sex couples from marrying (and having their marriages recognized) was in violation of both the Fourteenth Amendment Equal Protection and Due Process Clauses. While we wait on the Fifth Circuit to respond, what’s worth knowing in this decision?...

February 25, 2022 · 3 min · 598 words · Vernon Rackley

Tips For Drafting An International Arbitration Clause

International arbitration agreements (IAAs, or “arbs”): this is a term that you’ve probably come across if your firm has even mentioned going overseas to do business. This is the clause that binds parties to the decision of a neutral arbiter should a dispute arising out of a business contract. Think of them as the bigger version of the arbs you’ve already had to review for domestic disputes. The bigger international versions are pretty much the same thing – only more expensive and more involved....

February 25, 2022 · 4 min · 640 words · Shirley Munger

Top 3 Hourly Pay Issues For Employers

A company’s nonexempt employees must be paid for their hours worked. But federal wage laws can be confusing, leaving employers uncertain about when hourly workers must be paid. Compounding that uncertainty, there are a few paid-time issues that often trip up employers and can lead to potential legal disasters, Inside Counsel advises. Here are the Top 3 hourly-pay issues for which corporate counsel need to pay close and careful attention:...

February 25, 2022 · 2 min · 413 words · Kathryn Richards

Us V Kottwitz No 08 13740

In US v. Kottwitz, No. 08-13740, the court affirmed in part defendants’ convictions for tax fraud-related charges, holding that the circumstantial evidence was sufficient for the jury to have concluded beyond a reasonable doubt that defendants entered into the charged conspiracy. However, the court vacated the convictions in part on the grounds that 1) the district court erred in refusing to give defendants’ requested special instruction to the jury on their good faith reliance on their accountant’s advice; and 2) the evidence was insufficient for a properly instructed jury to convict on the charge of aiding and assisting in the filing of a materially false corporate tax return....

February 25, 2022 · 1 min · 159 words · Matthew Waters

Working From Home Tips For Telecommuters

I’m the biggest flexible work schedule proponent you’ll ever meet. That’s partly because I commute four hours a day, four days a week. I treasure my telecommute time. I love the fact that I can start working from my home office with my dog warming my feet, instead of schlepping from my house to a train, to a bus, to another train, to the office. But some companies don’t share my passion for telecommuting....

February 25, 2022 · 3 min · 567 words · June Deardorff

Blurred Lines Gets Focused Attention From Appeals Court

This past week, a three judge panel for the Ninth Circuit Court of Appeals heard oral arguments for the Blurred Lines appeal filed by Pharrell and Robin Thicke. If you’re just now learning of the case, it is more than just a relatively juicy piece of legal celebrity gossip, there’s actually some fascinating IP law behind the pop star gravitas. In short, a jury found that Thicke and Pharrell ripped off Marvin Gaye’s “Got to Give It Up” in their song “Blurred Lines....

February 24, 2022 · 2 min · 380 words · Virginia Thibodeaux

3 Tips How To Create Simple Effective Law Firm Newsletters

On Wednesday, we tried to convince you of the importance of adding an email newsletter to your overall marketing strategy. Now that you’ve jumped on the bandwagon (right?), we’ll tell you how to create simple, effective law firm newsletters. All you need to do is follow these tips. 1. Select a Template If you choose a service like MailChimp for your newsletter service, you have the ability to select a pre-existing template, or even create your own....

February 24, 2022 · 2 min · 423 words · Kenneth King

An Interview With Ron Collins Ceo Of Gavel Gown Software Part Ii Future Plans

This is the second part of our interview with Ron Collins, CEO of Gavel & Gown Software, the company behind Amicus Attorney, and now, Amicus Cloud. Yesterday, we discussed the present state of Amicus Cloud. Today, we talk about the future. Let’s talk about the future. What about document production? Will that include any actual legal forms or templates, or is it a create-your-own sort of system? We have a deep history in that, we were the first to see its value, and we have some truly phenomenal capabilities in that regard in our premium desktop product....

February 24, 2022 · 1 min · 206 words · Jesse Mister

Apple Facing Class Action Over Butterfly Keyboard

A recently filed case against Apple claims that the computer maker has been ignoring a known defect in the Macbook and Macbook Pro’s keyboard. That alleged defect renders keys on the “butterfly” style keyboards inoperable. And while the company hasn’t officially acknowledged the problem as a defect, it has certainly fixed a significant number of computers for the exact same problem, and put up a support page. The lawsuit may only have two plaintiffs at the moment, but there is an ever-growing number of individuals who may want to get in on the case....

February 24, 2022 · 3 min · 451 words · Lieselotte Hall

Are March Madness Pools Legal At Law Firms

As the one-time head of a law firm’s “fun committee,” I understand the importance of injecting a little frivolity into an otherwise bland work week. I also understand the importance of confirming that your light-hearted fun complies with the law. (Maybe I know someone who once accidentally ran an unsanctioned bingo operation out of a law firm.) There are obviously-illegal pursuits — like hookers and drugs — which law firms strictly avoid....

February 24, 2022 · 2 min · 380 words · Rita Adams

Be A Better Attorney 5 Tips To Optimize Your Nap Time

Napping is crucial for many. If it’s not already part of your schedule, it may be something to consider. Attorneys are all too familiar with being overworked and not getting enough sleep at night. While it may be difficult to change your habits because of your work demands, adding nap time can potentially help boost your productivity and energy levels. So for those looking to recharge quickly without having to sacrifice too many hours, here are five tips on how to optimize your nap time:...

February 24, 2022 · 1 min · 188 words · Archie Pogue

Before Filing For Bankruptcy Pay Your In House 100K

Word to the wise: before filing for bankruptcy, pay your In House Counsel $100,000 for a job well done. Although financial services company Ambac cited a whopping $1.7 billion in debt in their recently-filed Chapter 11 bankruptcy, the company managed to settle up with their In House Counsel Kevin Doyle shortly before filing the petition. Kevin Doyle was paid $100,000 in “recognition of his efforts to maximize the company’s cash position, thereby assisting the company in its efforts to emerge successfully from Chapter 11 bankruptcy proceedings....

February 24, 2022 · 2 min · 275 words · Thomas Sou

Beyond Wfh Practice Law On The Go Anywhere

Shreya Biswas Ley sometimes practices law from home, but what makes her different is that her home is a boat. Ley represents a different breed of lawyer, not the kind you find behind a mahogany desk in a traditional office. You might find her, instead, at a climbing gym where she holds network meetings. “I like to stay active, so if people are game to try it out, why not?” she told Lawyerist....

February 24, 2022 · 2 min · 379 words · Nora Lambert

Can Celebrity Holograms Work After Death

The world we live in is getting more and more digital every day. From self-driving cars to virtually virtual everything, it’s still shocking to learn that even people are starting to go digital, literally. Seemingly overnight (or over the past few years, whatever) celebrities have been made into actual holograms, and even more surprisingly, a full body scan isn’t even necessary, as Tu-Pac’s hologram performed at Coachella way back in 2012 (though the tech has come a long way since and full body scans make so much more possible)....

February 24, 2022 · 2 min · 368 words · Sarah Adams

Clearing Claims Scotus Limits State Medicaid Liens

States are required to be reimbursed for their Medicaid outlays, for the treatment of plaintiffs, from tortfeasors. When plaintiffs receive their judgment or settlement, many questions arise regarding the calculation of a state Medicaid program’s share. Two Supreme Court cases help clarify the situation. In Ahlborn, the plaintiff suffered permanent brain damage as a result of a car accident. The reasonable value of her entire claim was just over $3 million, but she settled for $550,000 because of her contributory negligence....

February 24, 2022 · 3 min · 584 words · Sharon Day

Copyright Settlement Firm Rightscorp Gets Hit With Class Action

Rightscorp is a company that valiantly pursues copyright infringers in an attempt to get them to pay their fair share for the harm they’ve caused to copyright owners. That’s one way of looking at it. Another is that Rightscorp “asks ISPs to disconnect you from the Internet unless you pay it money for alleged, unproven copyright infringements.” A class action suit being filed in the Central District of California seeks to figure out the truth....

February 24, 2022 · 3 min · 547 words · Cindy Greer

Endless Sno Ball Battle Comes Again To Fifth Circuit

A ten-year long battle over sno-balls, those frozen cones of shaved ice and sugary syrup, made its way into the Fifth Circuit recently, and it wasn’t for the first time. The legal battle over sno-ball syrup flavors and trademarks has brought a pair of Louisiana sno-ball purveyors, SnoWizard and Southern Snow, through just about every court imaginable: Louisiana state court, federal district court, the Patent and Trademark Office, the Federal Circuit, and the Fifth Circuit, multiple times....

February 24, 2022 · 3 min · 634 words · Linda Shelly

Etymology Of Great Legal Words Contract

Think about the word contract for a moment. Though what currently constitutes a valid contract may be undergoing changes thanks to the digital revolution, the term still retains a certain flexibility. When you contract, or contract something, you could end up contracting with a doctor, who likely contracted with a lawyer to draft up a contract, or you could just end up buying or selling goods or services, or shrinking....

February 24, 2022 · 3 min · 434 words · Jonathan Smith