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Court Also Addresses Case Dealing with Evasion of Reporting Requirements US v. Peterson, No. 09-4166, concerned a conviction of defendant for structuring transactions to evade reporting requirements set forth in 31 U.S.C. section 5313(a). In affirming the district court’s imposition of a two-level enhancement pursuant to section 2S1.3(b)(2) of the sentencing guidelines to defendant’s sentence, the court held that the district court did not err in determining that defendant’s structuring offense was committed as part of a pattern of unlawful activity involving more than $100,000 in a twelve-month period, and as a result, the safe harbor of section 2S1....

The Eleventh Circuit Court of Appeals certified a question to the Florida Supreme Court this week that could affect insurance claims in Florida. The question is whether, under Florida Statute 627.736, an insurer can require an insured to attend an examination under oath (EUO) as a condition precedent to recovery of personal injury protection (PIP) benefits? The question came up in an insurance claim dispute between Merly Nuñez and Geico Insurance Company....

Even the most focused lawyer can be pulled off task by distractions, by the urgent phone call, the quick email, the glance at Facebook that turns into a few minutes of scrolling. Such distractions are largely unavoidable. The problem is, time spent on distractions isn’t billable. So how can you make sure that you’re not accidentally passing the cost of that social media break or quick coffee run on to your clients?...

Ludicrosity. Sheer and utter ludicrosity. Amanda Cruz fiddled with her seatbelt at a stoplight, placing the shoulder strap behind her body, and neglecting to return it before taking off. Trooper Andy Page, ever worrisome about drivers’ safety, pulled her over for the seatbelt violation, and when he ran her information through the system, a warrant for Amanda Cruz appeared. Alleged Criminal Cruz has tattoos, light red hair, is 5'1" and was born on November 18, 1979....

Eric Sinrod is a partner in the San Francisco office of Duane Morris LLP (http://www.duanemorris.com) where he focuses on litigation matters of various types, including information technology and intellectual property disputes. His Web site is http://www.sinrodlaw.com and he can be reached at ejsinrod@duanemorris.com. To receive a weekly email link to Mr. Sinrod’s columns, please send an email to him with Subscribe in the Subject line. This column is prepared and published for informational purposes only and should not be construed as legal advice....

Drug representatives are not entitled to overtime pay ruled the Supreme Court in Monday’s decision. The ruling came from a suit between GlaxoSmithKline PLC and two of its former drug representatives. The representatives claimed they had worked significant time outside of normal work hours and were entitled to overtime compensation. The Supreme Court disagreed, ruling 5-4 that drug representatives are outside salespeople under the Fair Labor Standards Act. According to the Act, outside salespeople are not entitled to overtime pay....

In In re: Cao, No. 10-30080, an action brought by the national political party committee of the Republican Party claiming that certain provisions of the Federal Election Campaign Act (FECA) violated plaintiffs’ right to free speech under the First Amendment, the court affirmed judgment for defendant FEC where each of the challenged FECA provisions constituted a constitutionally permissible regulation of political parties’ campaign contributions and coordinated expenditures. Related Resources Full Text of In re: Cao, No....

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the Internet. It’s baaaack. Florida, that wacky state that brought us hanging chads and other irregularities during the 2000 Bush v. Gore presidential election, has returned full force with some new controversy. Indeed, while the great weight of scientific evidence has persuaded the vast majority of scientists skilled in the field that global warming is real and a looming danger for the planet, government officials at the primary environmental agency in Florida have been prohibited from using the words “climate change,” according to Time....

Thomas W. Lucas Jr. presented a grand vision to investors. It would be big, of course, because this was Texas. “Frontier Disney DFW,” he called it, complete with theme parks, a water park, a new airport, a train, hotels, villas, sports facilities, and a shopping mall. He showed them elaborate park maps, floor plans, and mock-ups of the facilities. Lucas raised more than $60 million from investors to buy land around the Disney park, and then the truth came out....

Law graduates are going solo at a higher rate these days, trying to overcome the lack of jobs and stagnant economy. Some are sharing the costs with friends, while others have turned to virtual law offices. Whatever the case, they all have one thing in common – law school did not teach them how to run a business. Luckily, with a little work, that knowledge gap can be overcome. But the question remains, is the work with it?...

Bradley v. Allstate Ins. Co., No. 09-30035, involved an action against an insurer seeking proceeds for property damage due to Hurricane Katrina. The court of appeals affirmed summary judgment for defendant in part, on the grounds that 1) the district court did not err in concluding that defendant was entitled to judgment as a matter of law on the claim for loss of contents and 2) because plaintiffs did not establish any plausible breach of contract for unpaid additional living expenses (ALE), there was no basis for asserting a bad faith claim against defendant with respect to unpaid ALE....

Cloud computing is becoming increasingly common in the legal world. A recent survey found that 68 percent of corporate legal departments are using cloud-based tools, with 80 percent open to adopting more in the next year. The cloud is becoming increasingly popular among private firms as well, with almost a third of attorneys turning to cloud services for law-related tasks. But the “cloud” is just a convenient metaphor: your information is really being stored on someone else’s computer, raising security and ethics risks for attorneys....

You don’t have to look far to find news about bots, artificial intelligence, and machine learning moving into the legal sphere – and potentially displacing flesh-based attorneys. There are online chatbots handling traffic disputes, machine learning programs doing associate-style legal research, and, for the support staff out there, artificial intelligence secretaries who can take care of attorney scheduling. But there’s no need to burn your J.D. and take up coding just yet....

The Fifth Circuit Court of Appeals let the air out of a $340 million verdict against a syringe manufacturer, sending the case back to the trial court for a recalculation of damages. The court reversed the anti-trust portion of the verdict, but upheld a false advertising claim. As a result, the trial judge will have to undo damages that were awarded under the Sherman Anti-trust Act and determine any potential damages under the Lanham Act....

In short: Paul Howell got screwed. As we related earlier this week, Howell was convicted of killing a state trooper using a pipe bomb that was intended for a witness in an unrelated case. He’s probably not a nice guy. He is, however, guaranteed a fair trial and a habeas appeal. Arguably, he received neither. “Here, Mr. Howell appears to have colorable claims that both his trial attorney, who fabricated death threats to be excused from representing Mr....

The Supreme Court denied certiorari in a dispute over sunken treasure on Monday. The High Court’s refusal to reconsider the issue closes a case that was over 200 years in the making. The district court and Eleventh Circuit Court of Appeals decisions, finding that Spain was entitled to the loot under sovereign immunity, are now final. Let’s go back to the beginning to see how this case began its journey....

In our constantly connected world, being without your cell phone is like going to work naked. But constantly having to put your phone to your ear can get annoying real fast. Thankfully, that’s why Bluetooth headsets were invented, but which is the best for lawyers on the go? There are a lot of options in today’s market and the price range for these devices is just as wide. Costs can vary from free with purchase to ridiculous....

As company executives start to take time off away from the office, take these not-so-busy days ahead to set new goals for 2014. The key to achieving your goals, is to set realistic expectations (think: under-promise, over-deliver). In addition to looking at the end result, create a plan for getting there – you need to plan all the little baby steps in between. Here are the top five resolutions you can make as in-house counsel for an even more productive (and profitable) 2014....

Sentence for knowingly transporting and shipping child pornography in interstate or foreign commerce is affirmed where: 1) the district court did not commit procedural error in sentencing defendant as the record shows the court understood its discretion under Kimbrough and chose not to use its Kimbrough power in sentencing defendant; and 2) defendant’s sentence is not unreasonable as it is based on a plausible rationale and represents a defensible result. Read US v....

Would you ever file a lawsuit based on allegations that are generally recognized as “fantastical” and part of a conspiracy theory? While you mull that over, consider the case of Attorney William Veale. He’s been instructed by the 2nd Circuit to show cause for why he should not be sanctioned after filing a lawsuit on behalf of a client claiming that the 9/11 attacks were part of a larger Bush Administration conspiracy....