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A federal appeals court affirmed a summary judgment against a woman who sued a manufacturer for failure to warn about the dangers of a transvaginal mesh implant. The U.S. Fourth Circuit Court of Appeals said Martha Carlson provided no evidence that she or her doctor knew of the manufacturer’s allegedly inadequate warning about the mesh. In Carlson v. Boston Scientific Corporation, the court said she did not even prove the doctor would have read it....

The patent wars have gotten downright silly. Or smiley, if you will. No one was surprised when Samsung added four new patents to its German lawsuit against Apple on Monday. But then news got out that one of the patents covers an “emoticon input method for mobile terminals.” That’s right – Samsung is suing Apple over emoticons. And oddly enough, Samsung’s emoticon patent is based on the crude smiley faces of yore....

For tech companies relying on foreign workers, the U.S. Citizenship and Immigration Services makes the Department of Motor Vehicles look good. The DMV is infamous for slow service, but the USCIS is getting ridiculous. For example, one company applied for an H-1B visa to employ a foreign worker but the agency mailed out the approval almost three weeks after it expired. That’s one reason an advocacy group representing more than 1,000 IT companies is suing the immigration agency....

The recent ruling by the Fourth Circuit should raise the neck-hairs of everyone keeping track of mobile device-privacy issues and government overreach into our lives and pockets. In the case of USA v. Graham, the Fourth Circuit, sitting en banc, found that law enforcement does not require a search warrant when asking a cellphone carrier for tracking information because the consumer under scrutiny had no reasonable expectation of privacy. It’s a result that’s a consequence of flawless application of logic – and it should scare the bejeezus out of you....

Reversal of Convictions for Defrauding the IRS In US v. Kottwitz, No. 08-13740, on rehearing, the court reversed defendants’ convictions for conspiracy to defraud the IRS where the district court was incorrect to deny defendants’ accountant-reliance jury instruction because, even if it was not the only and not the most likely explanation of events leading to the guilty verdicts, an evidentiary basis existed for conviction that could have involved defendants, in fact, relying on the advice of their accountant....

When a colleague goes down, it can be painful for everybody close enough to experience it. Gordon Haywood, the professional basketball star, is a good example. He suffered a horrific injury on the opening night of the season, and both teams, the crowd, and television viewers felt it. It’s an unavoidable fact of life and a lesson for team motivation: you have to take care of individuals first. One-on-One It takes a leader to motivate others, and a good boss will do it with compassion....

Google uses data analytics to get the search results (and advertisements) it thinks are right for you. Wall Street looks to big data to help manage investment risk. Even police mine banking data to spot human trafficking. Data analytics are changing how many industries work today, and they could soon reshape how you practice the law. You’ve probably heard the term “big data” a few billion times in the past few years....

You know that saying that 50 percent of life is just showing up? Well that rings particularly true at legal conferences. Showing up to breakout panels, general sessions, and even cocktail hours is part of the conference game. Sure, you may be tempted to skip sessions that don’t count for CLE credit, but you would actually be doing yourself a disservice. Here are three reasons to attend legal conferences. follow him on Twitter, and suggest that your followers do the same....

Thanksgiving is right around the corner, which means it’s time to wrap up loose ends at work so you can take a few days off from being general counsel and spend time with your family. Obviously deadlines come first, especially if you’re currently involved in litigation. But when those tasks are taken care of, there are still some things that need your attention before you set up your out-of-office reply and head home....

By now, hopefully we’ve grown up and realized the fiction that is the “sharing” economy; that is, it’s not a lot of “sharing” but a lot of “regular economy.” ADA Compliance? It seems as though more and more Airbnb “hosts” are operating some kind of hotel business, leading to the next legal issue in this thorny world: ADA compliance. The Americans with Disabilities Act applies to “[h]otels, motels, inns and other places of lodging....

Slip and Fall Case In Cates v. Dillard Dept. Stores, Inc., No. 09-31193, an action against a department store after plaintiff slipped and fell, alleging that her fall was caused by a plastic “wet floor” sign that an employee had negligently left in a high-traffic area of the store, the court reversed summary judgment for defendant where there was a genuine issue of material fact as to whether defendant created an unreasonable risk of harm and whether it failed to exercise reasonable care....

The case of Versai Mgmt. Corp. v. Clarendon Am. Ins. Co., No. 08-30874 was an action against an insurer brought after a number of apartment buildings managed by plaintiff sustained damage during Hurricane Katrina in 2005. The case involved contract claims for unpaid insurance proceeds as well as claims that defendants violated Louisiana law by failing to promptly settle claims and by misrepresenting the terms of their policies. The district court granted summary judgment to defendants....

In Parsley v. US, No. 09-1690, the First Circuit faced a challenge to the district court’s denial of defendant’s motion under 28 U.S.C. section to vacate his sentenced to eighty-seven months’ imprisonment in his conviction for his role in a massive drug importation and distribution conspiracy in Maine. In affirming the conviction, the court rejected defendant’s ineffective assistance claims and held that the district court’s conclusion that trial counsel did not render ineffective assistance are largely uncontested and not clearly erroneous....

It’s one thing to represent someone who has a questionable case. It’s quite another to continue to press forward with a lawsuit when you have evidence that the case is not only questionable, but fraudulent. If Facebook is to be believed, that’s exactly what the multi-firm team that represented Paul Ceglia did. Ceglia claimed that Facebook founder Mark Zuckerberg sold him an ownership stake (now worth billions) in his startup social network....

Apparently looking to make a quick buck (which is the best kind of buck), David Elliot and Chris Gillespie registered domain names using formulations of “Google” along with another well-known words or brand names, like googledisney.com and googlebarackobama.net. So, you know, legitimate business and not SEO tricks. Generic Marks When a trademark becomes generic, the trademark can be canceled. “Cellophane,” “linoleum,” “heroin” and “videotape” have all suffered the same fate. In this case, Elliot and Gillespie argued that transforming “Google” into a verb for conducting an online search rendered it generic....

The First Circuit Court of Appeals recently affirmed the decision of the district court regarding a prisoner’s right to notice of the rejection of mail by prison officials. Here’s a recap. The prisoner, Darren Starr, argued a violation of his Fourteenth Amendment procedural due process after mail that was addressed to him was rejected and returned to its senders. The prison officials cited policy reasons. Officials notified Starr when one of the pieces of mail contained an unauthorized item....

The indictment of a former Vice President and General Counsel of GlaxoSmithKline, Lauren Stevens, is newsworthy beyond the individual allegations affecting the ex-executive. This prosecution may be the first wave of a sea change in how the government pursues not just companies, but company executives for wrongdoing. Stevens was charged in connection with her actions the Department of Justice says obstructed a federal investigation regarding GSK’s promotion of the drug Wellbutrin for off-label uses....

Being an employer is hard. With an increase of clients suing in-house lawyers, being an employer’s lawyer isn’t so great these days either. Navigating employment law is tricky, dangerous business. For example, companies can get in trouble for the tests they employ to assess applicants and employees. The EEOC has released a general sheet covering the most common issues regarding federal laws. We’ll go over some of the highlights here....

The McLaughlin Group won. No, not the TV show with political pundits – this McLaughlin Group, comprised of active-duty members of the United States armed forces and National Guard, veterans, and their same-sex spouses, challenged the Defense of Marriage Act. They were one of many groups challenging the law, and when the U.S. Supreme Court struck down the heterosexist definition of marriage present in the Defense of Marriage Act in United States v....

A double bench-slapping? Yes, please. Alabama State University recently found itself on the losing end of a racial and sexual harassment verdict, brought after three former employees alleged that they were subject to repeated harassment and usage of the words “n—-” and “b—-” by one of their supervisors. The other supervisor reportedly sexually harassed at least one of the women, and threatened retaliation if the women participated in the Equal Employment Opportunity Commission’s investigation....