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For the number of times we lawyers have written, copied and pasted, and calmly exclaimed the word hearsay, most lawyers probably haven’t stopped to think about the origins of the term. If you haven’t, then you may have just figured it came from heresy, as the two words sound similar, and heresy is like religious and stuff, so it’s probably older. Surprisingly, the two words aren’t related, and the whole heretics and heresy stuff all came after hearsay (or “to hear say”)....

We rarely hear about debt collectors winning Fair Debt Collection Practices Act (FDCPA) cases at the appellate level. Perhaps that’s because a debtor prevailing over the big, bad bank is a fitting end to a quixotic mission, whereas the debt collector winning is just … boring. But debt collectors love need lawyers, too. If you’re one of the ones paying your bills with debt collector revenues, keep reading because the Fifth Circuit Court of Appeals actually ruled that a debt collection letter didn’t violate the FDCPA this week....

The Federal Trade Commission is making good on its threats to take action with regard to children’s Internet privacy. The FTC has issued new online privacy rules that amend COPPA, set to take effect July 1. COPPA, the Children’s Online Privacy Protection Act, will soon include eight new rules to strengthen kids’ privacy on the web. The newly adopted rules are also intended to give parents greater control over their children’s personal information, according to the FTC....

So you know that you need some marketing, right? Web sites, business cards, maybe a TV commercial or a radio jingle. That much is clear. What isn’t so clear is how much you should spend on marketing. You want to spend enough that you get a quality product, but you’re a lawyer, not an ad agency. It can be tough to figure out what the sweet spot is so that you don’t overspend on marketing....

If you’ve ever read PerezHilton.com, you may have seen the blog publish an email message with anti-gay slurs, complete with the sender’s name and email address. The idea is simple and effective. The site’s large fan base, enraged by the sender’s offensive remarks, will flood the sender with responses. The man behind the Perez persona – Mario Lavandeira – has been fighting a lawsuit over one of these posts for five years....

Most lawyers know the ethics rule on trial publicity, but never have occasion to worry about it. The rule prohibits a lawyer from making statements to the media that may prejudice a pending a case. There are some exceptions to the rule, but who really cares as a practical matter? Not Paul Manafort’s lawyer, apparently. At least not until a judge told him to stop talking to the press. Courthouse Steps Kevin Downing said the charges against his client were “ridiculous” after Manafort was arraigned on charges of money-laundering and tax evasion....

Ah, the professional convention. To some lawyers, they’re a great way to network while catching up on the latest professional developments. To others, they’re a short purgatory of endless meetings, roundtables and presentations. Even if you’re a conference-hater, these gatherings shouldn’t be ignored. Conferences, conventions and other convocations of skilled professionals can be important sources of new information, new strategies, and even new clients. If you specialize in particular practice areas, as most lawyers do, consider attending a conference hosted by a relevant professional association....

For mass tort plaintiffs, seeking relief in St. Louis, Missouri may soon no longer be a viable option. Although seen as a plaintiff-friendly venue, particularly given the recent massive multi-billion dollar award against Johnson & Johnson, the state’s senate has decided that it’s time to change their reputation. The Missouri Senate passed a bill effectively prohibiting the joinder of out-of-state plaintiffs, unless the joining plaintiff resides in an adjoining, less populated, county....

One of the nation’s largest pharmaceutical companies, Purdue Pharma, has announced that they’ve hired a new senior vice president and general counsel. In the announcement, Purdue explained that their new GC, Marc Kesselman, will help lead the company as it branches out into more than just pain medication, and as it takes “meaningful steps to address the opioid crisis.” Kesselman likely has quite a bit of catch up to play, as Purdue has been one of the big targets in the recent wave of lawsuits targeting opioid makers....

The Super Bowl is upon us and whatever your reasons for watching, there are lots; many tune it to watch the game, but some of us are in it purely for the food and the commercials. When else can you gorge yourself on nachos, pizza and chicken wings – at the same time? So for all you hardworking lawyers who are actually taking some time off for the biggest game of the year, we’ve put together a list of gadgets or apps that you’ll want handy on Sunday....

Mystery solved. Why couldn’t I log in to my website yesterday? It’s because, four days ago, somebody hacked my site and replaced it with some neon green colors, misspelled alphanumeric messages of triumph, and other gibberish. Congrats. You hacked a nearly empty site that was used for testing WordPress plugins. Total damage caused: about fifteen minutes of time spent logging in to my horridly bad web server and changing a few passwords, plus hitting the “reinstall” button on WordPress....

A little over a year ago, the Department of Justice released the Yates Memo, named after its author, Deputy Attorney General Sally Quillian Yates. That memo set out a new approach for the DOJ: when companies do wrong, individuals will be held accountable. That’s great news if you’re part of the “tough on corporate crime” camp. It’s less exciting if you’re a corporate lawyer or chief compliance officer who could be held personally liable for your company’s failings....

When you think of a corporate counsel, do you think of a stodgy attorney with no use for apps on her smartphone? Think again. Apps are not a fad and if used properly, apps can save you time, keep you better organized, and impress the people you report to. Apps for smartphones and tablets make your life easier outside the office, and there is no reason these apps cannot similarly benefit you while you’re at work....

Yesterday, we introduced you to PFC Hamilton, who was convicted of theft of benefits from the Veterans Affairs and of wearing medals and ranks not issued to him. Today, we discuss the constitutionality of the Stolen Valor Act. Alvarez dealt with the conflict between free speech and a statute meant to protect the accomplishments of true heroes. While we may not agree with false boasts of heroism, such verbal speech is generally protected, and in this case, specifically protected, as the court felt that the provision used to convict Alvarez was an “overbroad” restriction on free speech....

Federal Prosecutors finally unsealed an indictment of criminal charges against three men who orchestrated what has been described as the “largest theft of customer data from a U.S. financial institution in history.” The formal indictment does not name the financial institutions directly, but a Reuters report confirms that JP Morgan Chase and ETrade were amongst the targeted companies. The indictment alleges that three men – two Israelis and one American – co-conspired over the course of years to electronically hack, con, and illegally traffic goods profiting in hundreds of millions....

In proceedings arising after defense counsel in a criminal matter received an e-mail from a juror containing ethnically-biased statements, an order denying defendant’s motion to make an inquiry into the validity of the verdict is reversed and the matter remanded where: 1) although the trial court correctly found that Rule of Evidence 606(b) precludes inquiry into juror prejudice; 2) a court has the discretion to conduct such an inquiry under the Sixth Amendment and the Due Process Clause of the United States Constitution....

Lawyers are skilled professionals, dedicated, focused, highly trained – not so unlike, say, a Swiss watchmaker. But our precision workmanship isn’t the only thing we share with our cuckoo-crafting Swiss brethren. Like the Swiss watchmakers before us, lawyers are facing significant market challenges. The answer to surviving may be in the Swatch. Stephen Embry, lawyer and wrist-wear enthusiast, recently analogized the current legal market with that facing Swiss watchmakers post-WWII. During the war, Embry explains, the Swiss became the premier military watchmakers (serving both the Axis and the Allies, naturally), a position which translated into commercial success during the post-war boom, giving the Swiss an almost total monopoly over the market....

Sadly, the droid you are looking for still does not exist. And to make matters worse, the walking talking humanoid robot of your dreams is still prohibitively expensive. But, new software that utilizes AI technology is bringing us closer to the day where a humanoid robot can actually prove helpful to a practicing attorney. While we may not have a C3PO style robot paralegal yet, the software, at least in patent and bankruptcy law, is getting sophisticated enough to consider making one, or a small army....

Much like Windows Vista before it, and Window ME and 98 before that, the current iteration of Windows is one that the populace loves to hate, especially those of us who have desktop PCs and who are focused on productivity. While Windows 8 and 8.1 are visually appealing, and great for content consumption on a tablet, getting work done is a chore, especially if you use a keyboard-and-mouse PC, which most law firms do....

In what can be fairly called a legal nice try, the Ninth Circuit’s Court of Appeals has ruled that Dignity Health’s pension plan does not qualify for ERISA’s church plan exemption. It’s a a ruling that is so far consistent with the findings of other courts on the subject. Only this time, it looked like it could have gone either way from the start. After all, Dignity Health at least started out as a church....