Ag Strange Inducted Into Alf Fellows Program By 11Th Cir Judge Bill Pryor

Attorney General Luther Strange was recently inducted into the Fellows program of the Alabama Law Foundation. Strange was nominated by former Attorney General William Holcombe Pryor, who now serves as a judge for the Eleventh Circuit. Yes, he’s the same Judge Pryor embroiled in a nude photo scandal. But what is the Fellows program and, more importantly, why aren’t you a member? The Alabama Law Foundation is a charitable, tax-exempt organization composed of several separate programs....

February 16, 2022 · 2 min · 401 words · Ricky Dixon

Barnes V Holder 09 1782

Denial of petitioner’s motion to terminate removal proceedings pursuant to section 1239.2(f) Barnes v. Holder, 09-1782, concerned a Panamanian citizen’s petition for review of a BIA’s affirmance of an IJ’s denial of his motion to terminate removal proceedings. In denying the petition, the court held that the interpretation of section 1239.2(f) adopted in Hidalgo, holding that removal proceedings may only be terminated pursuant to section 1239.2(f) where the DHS has presented an affirmative communication attesting to the alien’s prima facie eligibility for naturalization, and applied by the BIA in this case, is neither clearly erroneous nor inconsistent with the regulation....

February 16, 2022 · 1 min · 154 words · Annie Boutwell

Can Uber Task Rabbit Save Your Valentine S Day

It’s Valentine’s Day. And you’ve been so busy billing that you forgot to get a gift for your sweetheart. What’s a busy lawyer to do? Yes, you can still pick up flowers and chocolates and an “I love you” teddy bear holding a heart. But that requires you to leave your office. Who has time for that? Thankfully, technology is here to save the day. Uber – the somewhat pricey, app-based car service now available in 30 cities around the world – is offering a special “Romance on Demand” package in 15 North American locations: Washington D....

February 16, 2022 · 3 min · 476 words · Ada Jones

Court Affirms 150 000 In Sanctions Against Lawyers

A federal appears court affirmed $150,000 in sanctions against three lawyers for egregious behavior in misleading a court. In Six v. Generations Federal Credit Union, the U.S Fourth Circuit Court of Appeals said the attorneys’ actions formed a “mosaic of half-truths, inconsistencies, mischaracterizations, exaggerations, omissions, evasions and misimpressions created by their own conduct.” The attorneys’ conduct evinced “lack of candor,” “affirmative misrepresentation,” and “disrespect for the judicial process,” the appeals panel said....

February 16, 2022 · 3 min · 432 words · Albertine Collum

Cunningham V Nat L City Bank No 09 1255

In plaintiffs’ putative class action against defendant for breach of contract, violation of the Truth in Lending Act (TILA), and violation of the Massachusetts deceptive business practices law, district court’s dismissal of the complaint is affirmed where: 1) defendant did not commit a breach as the unambiguous terms of the agreement permitted defendant to terminate the home equity line of credit; 2) plaintiffs’ TILA claims as a matter of law as the unambiguous terms of the agreement did not create a grace period rendering otherwise later payments timely; and 3) plaintiffs have failed to state a 93A claim on which relief can be granted as they have alleged no unfair or deceptive conduct by the defendant....

February 16, 2022 · 2 min · 223 words · Gregory Fonder

Handling Difficult Clients Three Strategies

Despite our sound advice, you took the herpes case from hell. The abrasive client has been banging down your door, calling you at three in the morning, and micro-managing the case. To make matters worse, he hasn’t refreshed the retainer in months. At this point, you feel like the best option is to negotiate a quick exit strategy. Okay, this isn’t so much a strategy to drop the case. It’s more of a support and advice group....

February 16, 2022 · 3 min · 452 words · Chance Kaiser

Harvesting Electronic Discovery

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. Since the Federal Rules of Civil Procedure were amended at the end of 2006 to specifically embrace electronic discovery, parties to litigation and their counsel have been scrambling to figure out the best and most economical ways to comply with their obligations in this area. And while the rules were amended with the goal of reducing litigation expense, ironically electronic discovery costs actually may have increased as a consequence....

February 16, 2022 · 4 min · 758 words · Alvin Owens

How Lawyers Can Protect Themselves On Public Wi Fi

You already know that public wi-fi hotspots can be bad news for lawyers looking to keep information confidential. Those wi-fi connections are generally unsecured meaning anyone can get on them. It also means that hackers can easily monitor them and potentially get a hold of your private information. Still, you’re probably going to keep using them anyway so rather than wag our fingers, we’ve got some ways you can keep your files protected when you’re doing work in Starbucks....

February 16, 2022 · 2 min · 420 words · Harry Melton

Jobless Experienced General Counsels Form Support Group

For some experienced ex-general counsels, unemployment has become the new reality. While most would think that the recession hit hardest for those attorneys with the least amount of experience, many unemployed are also those with too many years of experience. And together, they have formed a support group - “Senior In-House Counsel in Transition” - a small group of highly-experienced but unemployed former general counsels in Chicago. One member of this group is Susan Hallsby, reports the Chicago Tribune....

February 16, 2022 · 2 min · 377 words · Jack Kirby

Lil Wayne S Deposition An All Timer For Any Attorney

Who said depositions were no fun? As rapper Lil Wayne’s viral deposition videos show us, the typically stoic question-and-answer format can sometimes turn into a rollicking game of cat and mouse. If you haven’t seen the depo videos yet, clear your schedule (at least for a few minutes) because you’re in for a treat. Lil Wayne, whose real name is Dwayne Michael Carter Jr., is suing producer Quincy Jones III over an allegedly “scandalous portrayal” of the rapper in a documentary, gossip website TMZ reports....

February 16, 2022 · 2 min · 394 words · Jeannette Hackett

Riaa Demands Redigi Stop Selling Used Digital Music

The Recording Industry Association of America (RIAA) has a new target in its crosshairs: ReDigi, a newcomer to the digital music world. ReDigi offers users the ability to sell their “used” digital music. Think about it this way, it’s just like selling a CD that you bought. Except you don’t physically have the CD, just whatever files you purchased from iTunes. ReDigi will verify that you purchased your music legitimately, then make a copy and upload it onto its servers for re-sale....

February 16, 2022 · 2 min · 363 words · Michelle Zuhlke

Seng V Holder No 08 2485

A Cambodian national’s petition for review of BIA’s order, mandating removal from the United States and denying her application for asylum and protection under CAT, is denied where the IJ’s findings that petitioner’s testimony was not credible based on fundamental discrepancies and inconsistency in her testimony are supported by reasonably, substantial and probative evidence on the record. Read Seng v. Holder, No. 08-2485 Appellate Information Petition for Review of an Order of the Board of Immigration Appeals...

February 16, 2022 · 1 min · 166 words · Rachel Hix

Slack Could Change How Lawyers Work If They Ever Wanted To Use It

Competition is heating up in the email killing space, with office communication platforms gaining serious attention from major technology companies. In the past few months, Microsoft has rolled out Microsoft Teams, a “chat-based workspace” allowing online collaboration, and Facebook unveiled Workplace, or Facebook for your office. Both products take aim at Slack, the collaborative communication startup that allows professionals to chat, send messages, and share files. Now Slack is fighting back, announcing a new partnership with Google and more seamless integration with Google’s online tools....

February 16, 2022 · 3 min · 619 words · Margie Bourque

Us V Hawkins No 08 4576

District court’s denial of a motion to sever carjacking charges from a felon possession charge by a defendant convicted of crimes related to carjacking and a subsequent arrest as a felon in possession of a firearm is affirmed in part, vacated in part and remanded where: 1) the district court erred in allowing joinder of the carjacking charges with the felon in possession charge because the charges are not of a same or similar character; 2) the misjoinder of the charges affected defendant’s substantial rights because the misjoinder had substantial and injurious effect or influence in determining the jury’s verdict; 3) defendant’s conviction for being a felon in possession of a firearm is affirmed, but his sentence on this count is vacated as it was determined, in part, based on his convictions of the carjacking related crimes; 4) and defendant’s conviction for carjacking related crimes is vacated....

February 16, 2022 · 2 min · 229 words · Shannon Wells

Will Skin Mag Hustle 11Th Circuit In Right Of Publicity Claim

Do Hustler’s First Amendment rights protect the magazine’s decision to print 20-year-old nude photos of slain former-wrestler Nancy Benoit months after her husband, Chris Benoit, killed her? Hustler claims that the First Amendment insulates the publication from right of publicity liability because the murder made Nancy a newsworthy figure. The Eleventh Circuit Court of Appeals ruled against Hustler in 2009, noting, “The Georgia courts have never held, nor do we believe that they would hold, that if one is the victim of an infamous murder, one’s entire life is rendered the legitimate subject of public scrutiny....

February 16, 2022 · 2 min · 400 words · Francis Tornatore

50 Twitter Accounts Lawyers Should Follow Religiously Part I

The title says it all. If you’re new to Twitter, or you’re getting bored with your current feed, this is the list you need: Fifty accounts, covering the Supreme Court, legal news, law and technology, humor, and other blawging topics. What are the ground rules for the list? No multiples from the same company, unless they are cover completely different topics. General legal topics get the nod over specialized accounts. Also, this list is based on my opinions and an informal straw poll....

February 15, 2022 · 5 min · 886 words · Thersa Anderson

Aba S Missouri Project Quantifies Overworked Public Defender Stereotype

Public defenders are overworked. This is not news. This is how it’s been since Gideon v. Wainright. It’s part-and-parcel of the gig: Represent those whom society doesn’t really care about and do it with fewer resources than your adversary in the D.A.’s office. It’s a huge reason why being a public defender is such an admirable career path – you’re constantly making chicken salad out of chicken excrement. But what we don’t know is: Just how badly are public defenders overworked?...

February 15, 2022 · 3 min · 627 words · Bob Dickey

Amazon Now Raking In The Dough

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. Eric Sinrod (@EricSinrod on Twitter) is a partner in the San Francisco office of Duane Morris LLP, where he focuses on litigation matters of various types, including information technology and intellectual property disputes. You can read his professional biography here. To receive a weekly email link to Mr. Sinrod’s columns, please email him at ejsinrod@duanemorris....

February 15, 2022 · 1 min · 206 words · Maria Goodhart

Can T Knowingly Violate A Court Order That You Didn T Know About

This is not a particularly exciting case, but it is an issue of first impression and a new rule in the Eleventh Circuit. Sirtaj “Tosh” Mathauda was running a fake franchise scam. His pop-up companies would advertise franchises for businesses opportunities, such as vending machines and greeting card displays. They’d collect the fees using a Costa Rican call center, then shut down and keep the money. The operation netted millions in fraudulently obtained cash....

February 15, 2022 · 3 min · 487 words · Linda Patel

Colorado Shooting Victim S Family Hires Casey Anthony S Attorney

Jose Baez, the attorney who defended Casey Anthony, is now representing the family of a victim of the Colorado shooting. Shirley Wygal’s 32-year-old daughter, Rebecca Wingo, was killed by James Holmes in the July shooting. Now she’s suing the Aurora, Colorado movie theater where it happened for their alleged responsibility in the murders. But how did a Colorado personal injury plaintiff choose a Florida defense attorney to represent her? The answer may be notoriety....

February 15, 2022 · 2 min · 346 words · Marc Oller