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Blog Profile / FindLaw's Writ - Legal Commentary


URL :http://writ.news.findlaw.com/
Filed Under:Industries / Law
Posts on Regator:8084
Posts / Week:24.3
Archived Since:April 9, 2008

Blog Post Archive

Top 3 Networking Tips for Solo Practitioners

So you've decided to "hang your shingle" (oh, do I hate that phrase). Being a solo practitioner, by definition, is a solitary affair. That seems obvious from the word "solo," but it's solitary in a metaphysical sense, too.If you're part of a firm, you can bounce ideas off others, take......

After B&N's 'Browsewrap' Case, 5 Alternatives for Your Website's TOS

Earlier this week, the Ninth Circuit ruled that Barnes & Noble couldn't enforce an arbitration agreement against a customer. The only notice of the arbitration clause was buried in an agreement the user had to find by clicking a link to it on Barnes & Noble's website. These agreements --......

Tablet Fire Sale Leads to Shrinkwrap/Clickwrap/Browsewrap Confusion

A few years back, a firestorm hit the Internet -- and by a firestorm, I mean a fire sale. A tablet, with specifications on par with the high-end Apple and Android devices of the time, priced at $499.99 to $599.99, would go on sale for as low as $99, as......

7 Things to Do With Your Old Casebooks (Besides Sell Them)

Well, law school is over. The bar exam is over. And yet you still have a pile of casebooks from 3L year -- as well as a smaller pile from previous years you couldn't get rid of because the federal rules advisory committees have to change the rules every single......

Risen Still Fighting, Calls Obama 'Greatest Enemy to Press Freedom'

There may not be another court to turn to for relief, but two-time Pulitzer Prize winner James Risen still won't back down in a fight to force him to turn over his confidential sources for his 2006 book, "State of War," which contained confidential CIA secrets regarding Iran's nuclear program.......

Mining Company Can Cross Grouse Rancher's Land: 10th Cir.

In a case from the wild prair-ee, the Tenth Circuit was called upon to figure out who owns rights to what, stemming from an almost 100-year-old mineral rights law. The Ballad of Jed Clampett this is not. Stull is a ranching company. It runs a grouse-hunting business above ground in......

Windowless Offices Bad for Sleep: How to Shine Light on Employees

It's only mid-August, and the days are getting shorter already. I'm noticing it's darker out at my usual wake up time, and I'm thankful that I invested in my Philips Wake-Up Light so I can awake not only to bright light, but also the sound of birds chirping (kind......

3 Ways to Get Practice Experience Straight Out of School

Practice-ready, for the most part, is a myth. Yeah, you may do some clinical work, but it's a whole different game when you don't have a professor double-checking all of your work, and when you have to handle everything, from intake to trial to appeal, all on your own. So......

Scott Dekraai Won't Dodge Death Penalty Despite DA's 'Negligence'

The snitch scandal at the Orange County District Attorney's Office is nearly over, but it won't bring relief for the mass murderer whose attorneys brought the scandal to light. Scott Dekraai is the man who walked into a Seal Beach salon in 2011 and opened fire, murdering eight people. He......

6th Cir. OKs Suit Against Morgue Worker Who Had Sex With Corpses

In a set of consolidated cases, the Sixth Circuit Court of Appeals granted some relief against a county mortuary employee who sexually abused dead bodies at the mortuary over a period of 25 years.While admittedly under the influence of alcohol and/or drugs, Kenneth Douglas sexually abused "an untold number" of......

Direct Oral Suction During Circumcision Needs More Scrutiny: 2nd Cir.

Question: How do you know when you've been blogging way too long? Answer: When the topic of rabbis providing orally assisted circumcisions crosses your desk twice -- first as a deceased baby case, then as a Second Circuit case addressing a New York City regulation passed in the wake of......

How Companies Can Avoid FCRA Class Actions

Littler Mendelson, the largest global employment law practice, recently released a report in which it documents the "swelling tide" of class actions brought against employers under the Fair Credit Reporting Act (FCRA). In the report, it discusses why the number of FCRA class actions is growing, and what your company......

Lawyer Marketing Trends: 'Local-Mobile Searches' On the Rise

Here's a fun statistic: 31 percent of traffic to law firm websites comes from mobile search. That's nearly one-third of all of your Web traffic coming from smartphone and tablet users. And make no mistake about it, mobile Google results are very different from desktop Google results, which means you're......

Another DIY Legal Website Sued Over Unauthorized Practice of Law

Another website is testing the boundaries of what constitutes "legal advice" -- in much the same way your friends criticize you and then walk it back with, "Just sayin'." Pro Se Planning Inc. operates websites where non-lawyers can fill in some forms and get customized legal paperwork. Except that allegedly,......

Are U.S. Companies Violating European Union Privacy Rules?

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the Internet. Gone are the days when some companies may decide to take lightly the responsibility to safeguard private data. Indeed, many companies have been very earnest in complying with U.S. privacy rules when it......

D.C. Cir. OKs Natural Gas Compression Station in Minisink, N.Y.

To what degree must federal agencies consider alternatives when building energy infrastructure? A little bit, said the D.C. Circuit Court of Appeals on Friday in Minisink Residents for Environmental Preservation and Safety v. FERC. Just because an agency considered an alternative, however, doesn't mean it's obligated to use the alternative.......

'Success' in ERISA Case Includes Having Case Sent Back to Ins. Co.

What counts as a "success on the merits" for purposes of attorney fee-shifting in an ERISA claim? Diahann Gross' employer, Sun Life Insurance, denied her disability leave claim for numbness and fibromyalgia. In an earlier appeal, the First Circuit said that Sun Life's insurance plan contained an incorrect standard for......

Do Small Firms, Solos Need Law Student Interns?

It's approaching back-to-school time for law school, which means students will be looking for internships and externships (if they don't have them already). With all these students out there, should your small firm get in on the action by hiring a law student intern? Maybe -- but maybe not. Using......

3 Questions: 1972 Gay Marriage Case, Circuit Split, Stay for Va.?

Same-sex marriage: It's the hottest legal topic out there, one that despite a bit of issue fatigue, we end up covering every single day because there is some fascinating legal development at hand. What's the latest on the many gay marriage appeals? After the Fourth Circuit declined to issue a......

5 Common Legal Resume Myths Dispelled

It's a dog-eat-lawyer world out there, and resumes can make a world of difference. But there are many myths about legal resumes that you'll want to dispel.Resumes, of course, are how you get your foot in the door. But don't treat them as the be-all, end-all of getting a job;......

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