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Blog Post Archive

How Much Can You Say About That Time You Represented Donald Trump?

Maybe you helped Donald Trump close a deal on a New Jersey shopping mall. Or maybe he consulted you, way back when, for some legal advice. Now he's running for president and you want to speak out -- without revealing anything too confidential, of course. Can you? Of course,......

Steinbeck Comes to the Supreme Court

Whether a Texas inmate lives or dies could depend, in part, on the work of John Steinbeck. In the upcoming term, the Supreme Court will hear the case of Moore v. Texas, a challenge to the sentence of Bobby James Moore, who faces execution for the murder of grocery......

Law School for OWLS, (Older, Wiser Law Students)

The average entering 1L is a scant 24 years old. But not all of us are spring chickens when we begin studying the law. In almost every entering law school class, there are small contingents of students who come to law school with significant life experience. They're known as......

Is It Time to Grant Legal Rights to Robots? What About Legal Liability?

Robots are humans too, right? Well, not exactly. But as artificial intelligence and machine learning continue to advance, some are arguing that the resulting technology could deserve basic rights -- a recognition of a sort of "electronic personhood." In Europe, at least, the idea is getting some traction. A......

6th Circuit Allows Suit to Proceed Against Web Monitoring Software

Spying on your spouse used to involve reading their mail, looking for lipstick on their collar, looking at call logs, etc. Some of these spy techniques, though widely used in unhappy marriages, can be actionable offenses. But how culpable are makers of technology that facilitate spying? That is the question......

Brooklyn DA Hit With $15K Penalty for Violating Conflict Laws

Brooklyn DA Ken Thompson must pay $15,000 in fines for using his office's account to pay for some of his meals in violation of applicable conflict-of-interest laws, according to the Wall Street Journal. The fine is essentially punitive, as sources indicate that Thompson has already reimbursed the city for expensing......

How Do You Respond to 'You Cost Too Much'?

Something that many solo attorneys hear perhaps all too often is the interjection: "You cost too much!" We're sure you've heard this one before. Even with the advancement in technology making a fair number of attorney services quickly obsolete, there are still a great many tasks that should only be handled......

Phony Law Firm Scam Used Lawyer Names Found Through Craigslist

Two Florida men have been arrested in connection with a Craigslist scheme which involved using lawyers' names and bar numbers without permission to provide loan modification and foreclosure defense services. Can anyone say "unauthorized practice of law"?......

Supreme Court History in 'More Perfect': The Secret Architect Fighting Civil Rights Laws

'Test cases,' or legal challenges meant to set precedent and change the law, were pioneered by civil rights activists. Test cases brought us some of the Supreme Court's greatest civil rights victories, and some of its greatest failures. But in the past few years, test cases have also become a......

Company Policy Must Bend to State Gun Laws

A man who, contrary to his employer's policy, kept a locked gun in his car in the company parking lot can sue for wrongful termination under Mississippi law, says the Fifth Circuit. This case is fundamentally about the clashing of state laws with company policy with regard to dangerous arms.......

Future Legal Jobs That Will Replace Traditional Lawyer Roles

Lawyers are beginning to worry that the legal tech wave will render many law jobs obsolete. One thing is for sure: mundane tasks like demand letters are already on their way to the computers. So what tasks will be left for humans? And what future jobs will lawyers likely be......

Cockfighting May Be 'Vile' But It Might Not Be Enough to Get You Deported

Congress may view cockfighting as vile and depraved. It may be a "scourge that warrants prosecution." It is, no doubt, cruel and reprehensible. But it might not justify deportation as a crime of moral turpitude, the Ninth Circuit ruled yesterday. The ruling comes after the Department of Homeland Security......

How to Cheat When Briefing a Case: Let Westlaw Do It for You

You're terrified of getting cold called and stumbling to remember the procedural posture in Pennoyer v. Neff. Alternatively, you can't wait to get called on and perfectly recite Pennoyer's procedural posture and throw in some background details on the Pacific Christian Advocate and 1870's Multnomah County, Oregon. (Really, tone......

Proposed IRS Regulations Go After the Family Limited Partnership

If your client operates a business through a Family Limited Partnership, professional responsibility requires that you apprise them of possible changes on the horizon that could substantially affect these entities' tax exposure. This is big news for high net-worth families who have successfully utilized the Minority Interest Discount to reduce......

New Black Hat Cybersecurity Buzzwords

In the pithy words of Monzy Merza at TechCrunch, the annual Black Hat briefings are an opportunity for the hoi-polloi "to drink from the firehose." While the lions' share of know-how and information will no doubt be devoured and processed by the brainiest of cybersecurity experts and hackers, the rest......

How Your Practice Can Win With Equity Crowdfunding

Four years ago, Congress passed the Jumpstart Our Business Startups Act, or JOBS Act, which removed barriers that keep the public from providing capital to startup businesses; equity crowdfunding was about to be legalized. Then, just this May, the SEC's "Regulation Crowdfunding" rules went into effect. Suddenly, every regular......

Vergara Decision Stands: CA Teacher Tenure to Stay

The California Supreme Court declined to hear the case of Vergara v. California, one of the most significant teacher's tenure cases to date. This means that the state appeals court decision is undisturbed, preserving many employment rights for teachers.......

Why Is Melania Trump Using Hulk Hogan's Lawyer to Fight Escort Rumors?

Melania Trump has been busy lately. Not only is she helping her husband, Donald Trump, run for president, she's now sending a bevy of cease and desist letters to media outlets who've written about rumors that she worked as an escort when she first came to New York from......

Could the Transgender Bathroom Fight Upend Decades of Admin Law?

The battle over where transgender youth can go to the bathroom has quickly turned into a political and legal flashpoint. The Supreme Court delved into the fight recently, staying an order that would allow transgender Virginia high schooler Gavin Grimm to use the bathroom that matched his gender identity.......

Lawyers Should Prepare for Two Seasonal Divorce Spikes

Are you a family lawyer that handles divorces? If so, the findings that were presented at the annual meeting of the American Sociological Association may be of interest of you. Apparently, divorce could have a correlation with the seasons. It's old news that divorces spike after the winter holidays. But......

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