Playing PR catch up, Google challenged the gag order placed on them by the Foreign Intelligence Surveillance Court (FISC) so that they could show Google users how many national security requests Google receives. In a request for declaratory judgment filed on Tuesday with the FISA court, Google sought permission to release the aggregate number of requests FISC makes of Google and how many users are affected, reports The Washington Post....
How valuable are reference checks for you? Many companies require that candidates provide a job reference or two. And for the most part, the candidates provide contact information for friends and other colleagues who are guaranteed to say nice things about them. In fact, even if a reference says something negative, it’s doubtful that an employer would change his mind, as the reference check is usually the last step – when you’ve already made up your mind that you want to hire the candidate....
We’ve talked about how to write good recommendations, but what happens in that awkward moment when you get a request for a recommendation from someone you really don’t want to recommend? It’s tough to tell a co-worker or staff member, “No, I won’t recommend you or act as a reference,” but on the other hand, what if you really don’t think the person is qualified to do the job he or she is applying for?...
Confrontation Clause jurisprudence has had a bit of a shakeup since Crawford and its progeny. Since that landmark ruling, a lot of old rules, exceptions, and case precedent have faced reexamination. You know what has remained relatively constant? Forfeiture-by-wrongdoing. If you kill or intimidate a witness to prevent him from testifying, you lose the right to confront that witness in court. Otherwise, the answer to any indictment would be to empty a clip into a snitch and scream Sixth Amendment....
President-elect Donald Trump announced that Rudy Giuliani would be serving the new administration as a cybersecurity advisor last week. As “cyberczar” the former mayor of New York will lead a government cybersecurity task force and conduct meetings “from time to time” with corporate leaders. The post, which comes with no official title, is considered a consolation prize for Giuliani, long one of Trump’s main backers. But the choice has also been criticized by many who view Giuliani as unprepared to advise the government on important technological issues, particularly in light of Russian hacking during the past election....
Every attorney knows that you don’t cut your teeth on a capital case, but Jose Baez did. And while every attorney knows that you carefully craft a defense so that it relies on evidence you can actually present, Jose Baez didn’t. And he still won. But is he just another one-verdict wonder who happened to get lucky? Everyone, including George Anthony, was skeptical when Jose Baez stepped up and agreed to represent Casey Anthony, reports CBS....
October may be the official month for all things pink, but it also happens to be National Cyber Security Awareness Month. This year in particular is an important year because it marks the 10th Anniversary of National Cyber Security Awareness Month. Though you won’t find products of any particular hue in stores to mark this occasion, we’re offering up some resources and tips to help you make your company a digitally safer place to work....
Federal prosecutors filed their first response to an appeal by former Virginia governor Bob McDonnell on Thursday. McDonnell was convicted of 11 counts of public corruption last September, relating from his relationship with a Richmond businessman who had given him over $177,000 in loans and gifts. McDonnell contends that his conviction is invalid, that he never promised or performed any “official acts” in exchange for gifts and that his prosecution is a threat to democracy....
Hewlett Packard saw their stock prices drop ten percent after sexual harassment claims against the company’s CEO, Mark Hurd caused the sudden resignation of the widely-respected CEO this past Friday. In addition to building the company’s software and corporate services division, the Silicon Valley-based HP stock soared 135% during the five years that the married Hurd served as CEO. Hurd released a statement regarding his departure: “It would be difficult for me to continue as an effective leader at HP and I believe this is the only decision the board and I could make at this time....
While we attorneys may not be too surprised when we’re held to a higher standard when it comes to contracting, a former Snapchat employee is learning the curse of being educated: Being considered a sophisticated party in court. Sadly for the spurned employee, the court found that he knew what he was doing when he signed an employment agreement with an arbitration clause. Despite the fact that he was not afforded the opportunity to have an attorney review the agreement, and had one day to sign it, the court said that it didn’t matter because he seemed smart enough to be able to understand what he was signing....
Maybe it’s time you loosen your law firm internet policy. Did you know that associates who surf the net at work might actually be getting more work done? “Cyberloafing,” or surfing the web, can increase employee productivity according to a National University of Singapore study. Managers and partners at firms may think that blocking more “frivolous” websites like Facebook or YouTube are good ways to prevent associates from slacking off. But, maybe letting associates and staff members enjoy an uninhibited internet experience may pay off in the long run....
Your wireless network probably isn’t very secure. It’s not your fault – they come out of the box semi-secure, with just enough settings enabled to lull you into thinking that your home or office network is safe and sound. It might be, but you probably want to be sure, don’t you? Now, we don’t want to make you cry by tossing out complicated discussions on encryption – no AES, TKIP, or LMNOP here....
It’s okay for a borrower to whine and complain if a bank denies his request for a mortgage loan modification, but doesn’t mean that he has a claim that can withstand a 12(b)(6) motion. This week, the Eleventh Circuit Court of Appeals ruled that the federal Home Affordable Modification Program (HAMP) does not give a homeowner a private cause of action against a bank. A HAMP mortgage loan modification can limit monthly mortgage payments to less than one-third of an eligible borrower’s monthly pre-tax income....
Justice Kevin Newsom, recently confirmed to the U.S. Eleventh Circuit Court of Appeals, didn’t take long to find controversy. With his first written opinion, Morrissey v. United States, Newsom said that a homosexual man could not deduct medical expenses for a child he fathered through invitro fertilization. Opponents jumped on the decision as soon as it hit the press. LGBT advocates said Newsom got it wrong. But it wasn’t the first time the justice has taken heat for his opinions....
It’s back to the drawing board for Uber and thousands of its drivers. U.S. District Judge Edward Chen rejected a proposed settlement between the two yesterday, saying that the agreement falls short of what is “fair, adequate, and reasonable.” The drivers’ class action lawsuit alleges that Uber had misclassified its drivers in California and Massachusetts as independent contractors, instead of employees, denying them the protections of state and federal labor laws....
It really is sad that this is a legitimate question. With each day bringing a new revelation about the National Security Agency’s data collection activities, such as yesterday’s that the NSA was spying on the United Nations, it really does seem that there is no end to this rabbit hole (red pill or blue pill? How much do clothes cost in the Matrix? Is any of this real? Ahhh!). The only safe assumption is this: the NSA has copies of everything you do, and everything you say, especially when those activities are conducted online....
The Twitterverse can at times seem like a vast wasteland, especially when you’re looking for important law-related tweets. Hashtags can help. Adding hashtags to tweets can help facilitate conversations and increase your visibility, a recent article in MedCity News points out. Users who search for specific hashtags (like #Prop8 for the Ninth Circuit’s recent ruling on California’s same-sex marriage ban) can call up all recent tweets that include the hashtag in question....
When it rains, it pours. The First Circuit is not usually a very busy circuit to report on, but it happens to have a lot going on right now. Rather than focusing on one case, we thought we’d give you the scoop on the biggest headlines in the First Circuit. Sex Changes Hearing En Banc Just a month ago we reported that the First Circuit affirmed a district court’s ruling that an inmate’s gender reassignment surgery is medically necessary....
That time between Christmas and New Year’s can be pretty dead in the legal world. Some law firms are open, others aren’t. Clients are busy worrying about their own holiday problems. Business is slow. But you’re coming into the office every day, right? For some reason? You could sit there and throw pencils at the ceiling, or you could take care of those marketing tasks that you’ve been afraid to do all year....
So you decided to start your own firm. You got your practice areas set, a name for your law firm, and you might even have a website. But before you jump in and start doing legal work, it’s probably a good idea to brush up on the rules of professional responsibility. It could end up saving you a lot of heartache – and possibly your bar card. You probably haven’t even thought about the rules of professional responsibility since you took the bar exam....
