Posts

It’s one thing to be in house counsel; it’s another thing to be general counsel. If you’re general counsel, you’re it. Things get even hairier if you’re solo general counsel. The legal position of the executives and the entire company essentially rests on your professional legal opinion because you’re the only one around in your immediate company that’s passed the bar. The way you stand on a particular issue could mean feast or famine for your company....

In US v. Gomez-Castro, No. 09-12557, the court of appeals affirmed defendant’s aggravated identity theft conviction is affirmed where the government, holding that the government, in its prosecution of an offender for aggravated identity theft, 18 U.S.C. section 1028A(a)(1), could rely on circumstantial evidence about the offender’s misuse of the victim’s identity to satisfy its burden of proving that the offender knew the identity belonged to a real person. Shaw v....

Associate attorneys occupy a strange area in the law firm hierarchy. As far as clients are concerned, one lawyer is the same as the next: they charge too much. But there’s much more to the whole associate makeup than just that overly abridged characterization. Part of the problem is that associates are considered by most within the legal industry as exchangeable commodities that will soon leave the firm anyway. This is an attitude that we hope to change....

Conviction of defendant for being a felon in possession of a firearm is affirmed where: 1) defendant’s indictment occurred within the statute of limitations, which is five years for the offense charged; 2) defendant’s argument that a delay caused him prejudice fails; and 3) district court’s denial of defendant’s motion to suppress a firearm on grounds of Fourth Amendment violation is upheld. Read US v. Bater, No. 08-2253 Appellate Information...

Conviction for firearms possession is affirmed where the court properly denied defendant’s motion to suppress evidence obtained pursuant to a search warrant as the affidavit provided sufficient probable cause to support issuance of the warrant. Read US v. Croto, No. 08-1856 Appellate InformationAppeal from the United States District Court for the District of MaineFiled: June 24, 2009 JudgesBefore HOWARD, SELYA, and HANSEN, Circuit Judges.Opinion by HANSEN, Circuit Judge. CounselFor Plaintiff: Margaret D....

In US v. Montes, No. 08-10932, the court of appeals affirmed defendants’ bank robbery convictions and sentences, holding that 1) because defendant did not clearly invoke his right to counsel, as required, his post-arrest statements made after his ambiguous request for an attorney were admissible; 2) the district court’s jury instructions correctly stated the law and simply instructed the jury to convict on each and every firearm count that it found defendant guilty of in the corresponding odd-numbered bank robbery count; 3) the evidence presented by the government was more than ample to establish defendant’s identity as the culprit and therefore sufficient to sustain the verdict; and 4) the district court had no authority to impose a sentence below the statutory minimum on defendant’s 18 U....

The free speech interests of Internet users and countervailing states’ interests will clash in court, according to the Fifth Circuit. The court overturned a lower district court injunction that stopped Mississippi’s AG from investigating whether Google’s search platform aided illicit Internet traffic including drugs and child porn. Although this is not a case the circuit reviewed on the merits, it is at least the second case we’ve written about that deals with issues of user-freedoms and the public good....

Moss v. BMC Software, Inc., No. 09-20488, involved an action claiming that defendant violated the Age Discrimination in Employment Act (ADEA), by declining to hire plaintiff when he applied for a Staff Legal Counsel position. The court of appeals affirmed summary judgment for defendant, holding that plaintiff failed as a matter of law to show that he was clearly more qualified than the candidate hired in order to establish pretext and had not proffered any direct evidence of discrimination....

Shortly after its resounding defeat of Samsung, Apple is seeking an injunction against the sale of eight Samsung smartphones from U.S. stores. The Samsung phones are all older models and include the Galaxy S2 and Droid Charge, reports Reuters. Not subject to the initial injunction is Samsung’s flagship model, the Galaxy S III, though that may eventually change. What Apple’s quick action against Samsung signifies is that the iPhone maker is seeking to turn its court victory into an immediate business advantage....

If you haven’t heard of attorney Vinny Gambini, you haven’t lived long enough. He is the best trial lawyer Hollywood never made, played by Joe Pesci with a lot of help from legal assistant Marisa Tomei. That is just one critic’s opinion, but everybody can agree that My Cousin Vinny was hilarious. Not only that, he beat a murder rap for his nephew. Just saying, a little humor can go a long way in the courtroom and in the practice of law....

The wealthiest clients can afford to pay hundreds of dollars an hour for representation. The poorest may be able to find a lawyer for free. It’s those in the middle that can be the hardest to attract. For, while Internet marketing has made it easier to get your name out to middle class clients, the rise of the Internet has also made it easier for cost-conscious clients to shop around, or even to pursue alternative legal services instead of hiring a lawyer....

If first impressions are everything, what does that say about the old law books at your office? If you have a wall of books, for example, does that tell clients you are well-read or just behind the times? After all, virtually every book is available in a digital format these days. Maybe you didn’t want to jump to light speed, or you just love the feel of those old volumes. Whatever the reason, maybe it’s time for a new look....

Once again, teenagers have been hit with child pornography charge after they, so wisely, posted a group sex video of themselves on Twitter. The kids were arrested and charged with distributing child pornography. Let the stupidity of children be a reminder to us all, even those of us who are grown and at practice before the bar, your tweets can easily land you in hot water, even if they’re not of child porn....

Reviving a lawsuit by black police officers who claimed hair testing for drugs discriminated against them, a federal appeals court has ruled that hair testing “plus urinalysis” could be a reliable alternative to hair testing alone. The First Circuit Court of Appeals reversed and remanded a trial court decision against ten Boston Police Department employees who claimed that the hair test alone was discriminatory. According to the court, hair tests showed that 99 percent of white workers did not use illegal drugs and 98 percent of black employees did not use them....

October is set to be a busy month for gadget freaks. We were all pretty excited by last month’s new iPhone releases, but over the next two weeks, the biggest names in Silicon Valley are set to release a bevy of products, from tablets to phones to laptops, in time for the holiday season. What are the biggest products lawyers should keep an eye out for? On Tuesday, Apple sent out invites to its next big launch party....

“Save for retirement” is the mantra of every financial adviser. Gregory Palm, general counsel at Goldman Sachs, doesn’t need that advice. He is retiring with about $500 million in company stocks, dividends, and distributions. That’s what happens when you get in early on a going concern. At Goldman Sachs, no employee will ever hold so many shares again. 1,000,000 Shares Palm joined Goldman 26 years ago, before the company went public....

The continuing sexual harassment saga surrounding Republican presidential candidate Herman Cain has placed National Restaurant Association general counsel Peter Kilgore in the hot seat. Reports suggest it was Kilgore who struck deals and signed settlement agreements with women who accused Cain of sexual harassment in the 1990s, when Cain was the group’s CEO. Now Kilgore’s handling of the matter is coming under scrutiny. And general counsel nationwide are taking notes on what, and what not, to do during a crisis – especially how to handle the media....

Millennials – those who reach adulthood in the early 21st Century – are in position to become America’s next leaders. In less than two years, they will make up the largest demographic in the workplace. Most Baby Boomers will have retired or otherwise expired. So how will Millennials lead corporate America? And will they change how leadership has worked in the past? Looking Back While Mark Zuckerberg and other young business leaders have already arrived, the 21st Century has not yet produced America’s most successful entrepreneur....

Just about every lawyer, at some point in their career, will be faced with a client that either doesn’t want to pay a bill, or won’t approve a budget or “not-to-exceed” estimate. When it’s a regular client, pursuing the regular dispute resolution procedures, or maybe letting the client slide on small portion of the bill, might be financially tenable. But, when it’s your biggest client, or a client that accounts for a significant portion of your firm’s book of business, the regular course of action might not be the best course of action....

The road to general counsel often starts at BigLaw, but does not go from there directly to the corporate Big Chair. Fewer corporations are hiring attorneys straight out of law firms to lead their legal business. In the past three years, the number of new hires from law firms has dropped to about 18 percent. That’s more than a bump in the road. It’s a sign telling you how to go from the law office to the corporate office....