Tuesday, December 31, 2013

Pub owner's sarcastic response to Starbucks cease-and-desist letter goes viral

Pub owner's sarcastic response to Starbucks cease-and-desist letter goes viral.  Don't mess with Starbucks.  It is one of my favorite places.  I'm surprised Starbucks would send a cease-and-desist letter to a fish this small, but you have to protect your brand.  Brands are difficult to build, especially one such as Starbucks.

Judge violated ethics rules in relationship with prosecutor, commission rules

Judge violated ethics rules in relationship with prosecutor, commission rules.  This judge reminds me of the judge from the Elmore Leonard book, Maximum Bob, who did what he wanted and lived a life of excess.  I've been following this case for a bit, and I have to believe this kind of thing goes on more than you would think.  This story is a sad commentary.

How two California solos helped take down ‘porn troll’ Prenda Law

How two California solos helped take down ‘porn troll’ Prenda Law. I've never heard of something like this. This is definitely predatory litigation.  Copyright infringement issues come up a lot with the internet, but I didn't know people could be sued for opening up something on the internet that isn't illegal forms of pornography.  It sounds like there should be sanctions imposed on the plaintiff for frivolous and abusive law suits, and it appears there were in some instances.

Monday, December 30, 2013

The Library of Congress archives tweets, so be careful what you say

I read in North Carolina Lawyers Weekly that the Library of Congress archives tweets now.  This is yet another reason to watch what you say.  You may tweet something and be sued for it years later (within the statute of limitations of course).  If you aren't sued yet say something inappropriate, it may hurt you professionally and personally.  So be careful.  Picture your words being etched in stone because they might as well be.

Hells Angels club sues often to protect its intellectual property

Hells Angels club sues often to protect its intellectual property.  I started watching Sons of Anarchy yesterday.  Obviously it is fiction, but, if the Hells Angels are anything like the Sons of Anarchy, they are sophisticated.  Most of these kinds of organizations are sophisticated.  Quite frankly, you don't get to be this large and influential without some corporate sophistication.  Legality is a whole different issue of course.

Death of pet dog mistaken for wolf reveals loophole in state poaching law

Death of pet dog mistaken for wolf reveals loophole in state poaching law.  Wolves have not been indigenous to the United States since the mid-nineteenth century.  I'm not surprised this "hunter" would be unaware of this fact.  Now he's killed some innocent dog.  I hope he is prosecuted for cruelty to animals as well as poaching.  Maybe this will send a message.

Ill-timed tweets by prosecutor don't merit reversal, appeals court says

Ill-timed tweets by prosecutor don't merit reversal, appeals court says.  Prosecutors shouldn't have Twitter accounts, and, if they do, they certainly shouldn't post about trials or post DURING trials.  What a bone headed move.  This should have resulted in a mistrial because, even though they weren't supposed to, jurors could have been reading the tweets.

Online yoga provider’s patent application causes stir in otherwise tranquil crowd

Online yoga provider’s patent application causes stir in otherwise tranquil crowd.  This is a tough case to win.  Yoga is 5,000 years old, so it doesn't seem there is anything unique about the way this class is taught.  I'm surprised this company would even try to patent this way of filming the class.

Proposed law in California would mandate smartphone 'kill switch'

Proposed law in California would mandate smartphone 'kill switch'.  Kill switches should be required on cell phones.  This law is meant to protect people.  So much of our information is on our phones, and, if your phone is lost or stolen, you are at a huge risk for identity theft.  Identity theft is a major problem because it can result in the loss of money, credit issues and other unanticipated headaches.  Most people won't take the time to download one of the many free apps that allow you to wipe out your phone.  If people did what they were supposed to, we wouldn't need laws.  Laws are often meant to protect people against themselves namely against their own stupidity.  This is one of those laws.

Obama presses military leaders to deal with sexual assaults

Obama presses military leaders to deal with sexual assaults.  The President is correct.  Commanding officers who are non-lawyers shouldn't be investigating sexual assault cases.  Outside investigators who are lawyers should be overseeing these investigations.  Otherwise the investigations will be flawed (they are flawed already).

Wednesday, December 18, 2013

Pro se decision by accused pimp results in colorful testimony

Pro se decision by accused pimp results in colorful testimony.  Nice.  The limited transcript of this is funny.  It reminds me of district court in Forsyth County, North Carolina.  It is painful to watch people defend themselves. They ask compound, irrelevant questions and dig themselves deeper and deeper into a hole. 

BP accuses lawyer of representing phantom clients in oil spill

BP accuses lawyer of representing phantom clients in oil spill.  This is a dirty tactic by BP, but I'm not surprised.  Look what they did to the Gulf.  I'm sick of these story commercials about how great BP is and what they are doing.  It is such a sham.  I try and avoid BP gas stations if I can because of what happened in the Gulf.  I have no respect for BP.

Former White House lawyer ordered to pay $28.6M in beating of wife

Former White House lawyer ordered to pay $28.6M in beating of wife.  That's the biggest default judgment I've ever seen.  It seems merited to me based on the severity of wife's damages.  Wife was a high powered lawyer at Skadden, and she certainly could have made that amount of money over her legal career.  Her medical bills are and will be astronomical.  This award was warranted.

Work-at-home lawyer suspended partly for lack of a 'bona fide office'

Work-at-home lawyer suspended partly for lack of a 'bona fide office'.  Delaware is a tough place to get and maintain a law license.  Lots of people want to practice in Delaware, but not as many want to live there.  In order to be licensed in Delaware, you basically have to live there and maintain a real office there.  From what I can tell, this means you can't use one of those BS "home offices."  I've always thought home offices are a silly way of getting a tax deduction and not having to pay for an office.  It is gaming the system.

Tuesday, December 17, 2013

Calif. again tops 'judicial hellholes' list

Calif. again tops 'judicial hellholes' list.  California is a great state.  ATRA isn't exactly a credible organization as they are a mouthpiece for big business and hate lawsuits of any kind.  I'm not sure what they base their "study" is, but I have a feeling it is anecdotal at best.  They probably commit the error of confirmation bias.

Law firm sues Florida Bar over rules restricting what legal websites and blog posts can say

Law firm sues Florida Bar over rules restricting what legal websites and blog posts can say. Some state bars can be a bit stodgy to say the least.  It appears Florida has taken it too far.  It is impossible to objectively verify vague and unquantifiable words.  So it is unreasonable to require statements to be objectively verifiable when it is impossible to do so.  For example, what does it mean to say a lawyer is "experienced"?  That's not objectively verifiable yet at lawyer who practices for a few years is generally considered "experienced".

'Cultural cachet' of a JD is one reason students go to law school, law prof says

'Cultural cachet' of a JD is one reason students go to law school, law prof says.  I'm not sure how much "cultural cache" a JD has.  That doesn't go a long way when there is a dearth of jobs.  There are too many law schools and too many law school graduates.  Likewise, law schools largely do a horrible job of getting their graduates jobs.  Law schools are university profit centers so universities have no economic incentive to trim class sizes.  Quite the contrary, they have every incentive to make law schools larger with little regard to the "debt bubble."  Now what does that sound like?

Medical expert at a Social Security disability hearing.

Haven't had one of those in awhile.  Video hearing too.  The strange world of Social Security disability.

Kidney from colleague is lawyer's 'biggest gift' this Christmas

Kidney from colleague is lawyer's 'biggest gift' this Christmas.  This is a wonderful story.  I don't know Carey well, but she is to be commended.  This is such a selfless act, and she's doing it for a really great guy, Al Andrews (also a lawyer).  Another attorney, Chris Beechler, gave a up a kidney for someone a number of years ago. 

Does creativity wither with age? Not in the legal field, cognition prof says

Does creativity wither with age? Not in the legal field, cognition prof says.  Interesting.  I guess this doesn't apply to bigots and narrow minded people.  Some people will never have significant amounts of cognitive development.  You can't cure ugly, and you can't cure stupid.

Mall shooting victim was a lawyer

Mall shooting victim was a lawyer.  This is yet another reason why guns are terrible.  There have been too many shootings.  Since Newtown, Connecticut, there have been 11,000 people killed through gun violence THIS YEAR in the United States alone.  This is unacceptable.  Something needs to be done, but nothing will happen.  The NRA will keep spewing their venom and hate.  And more people will be shot to death.

Monday, December 16, 2013

Rape defendant punches his lawyer at trial

Rape defendant punches his lawyer at trial.  How is that for gratitude?  I wish there were a You Tube video of this.  I don't know how the lawyer was doing, but this obviously won't help the defendant's case.  Not at all.

From the horse's mouth

@SenatorBobRucho: Justice Robert's pen & Obamacare has done more damage to the USA then the swords of the Nazis,Soviets & terrorists combined.

Or maybe the horse's a__.

3rd Circuit agrees to en banc rehearing in GPS vehicle tracking case

3rd Circuit agrees to en banc rehearing in GPS vehicle tracking case.  It should all be excluded under the exclusionary rule.  I see no good faith exception here.  There will be more cases like these.  It impossible to go places without leaving a digital trail unless you go on foot without a cellular device on you.  The law will continue to take shape in this disputed area.

New gun-control laws are ignored by some sheriffs

New gun-control laws are ignored by some sheriffs.  These bums should know better than anyone the damage guns can do.  I can't believe sheriffs sworn to uphold the law would break the law.  It is callous, and these lackeys should be ashamed of themselves.

Judge orders removal of giant cross on federal mountaintop

Judge orders removal of giant cross on federal mountaintop.  The cross was clearly a violation of the establishment clause of the 1st Amendment.  I'm glad the judge made them take it down.  The government has no place imposing religion on anyone.  I don't get why these radical groups keep pushing Christianity on people.  How would the feel if Buddhists tried to push Buddhism on people?