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Is Justice Thomas in for a #MeToo Charge?

Supreme Court Justice Clarence Thomas is facing renewed controversy related to Anita Hill and the other women he allegedly harassed while holding a position of authority. A recent news story highlighted the fact that new-ish evidence surfaced which, if believed, would mean that Justice Thomas lied during his confirmation......

Tincher Decision Revisited by Pennsylvania Superior Court

2 days agoIndustries / Law : Tort Talk

The courts of Pennsylvania continue attempt to move forward in the post-Tincher world of products liability cases, including in the actual Tincher case. On remand from the Pennsylvania Supreme Court, the trial judge in the actual Tinchercase denied any relief to the defense. Show More Summary

Bah Gawd! That’s Don McGahn’s Music!

35 minutes agoIndustries / Law : Above the Law

Shouldn't all lawyers have "walk up" music? Well, Don McGahn has his and it's... surprising.

Report On Device Encryption Suggests A Few Ways Forward For Law Enforcement

1 hour agoIndustries / Law : Techdirt

Another paper has been released, adding to the current encryption discussion. The FBI and DOJ want access to the contents of locked devices. They call encryption that can be bypassed by law enforcement "responsible encryption." It isn't. Show More Summary

Legaler Plans Launch Of Legal-Industry Cryptocurrency And Blockchain-Based Legal Charity

The Australia-based company Legaler announced that it will create a cryptocurrency for the legal industry.

Ethics Conflict at NLRB Pushes Agency Into 'Uncharted Territory'

The NLRB inspector general's report reinforced the concerns of union attorneys and Democratic senators that Trump-appointed member William Emanuel should not have voted in a high-profile joint-employment case. Labor lawyers and former board members are closely watching how the agency responds to the watchdog report.       

How to Train your Paralegals to Improve Client Communication

At a time when digital assistants can talk, it's still a good idea to have a real-live person talk to clients. Unfortunately, too many lawyers do not communicate enough with their clients. The "too much work, not enough time" excuse only goes so far -- especially with the State......

Officials Reviewing Hardship Rules for Student Bankruptcy

The good news is the Trump administration is looking at rules that could make it easier for students to bankrupt school debt. The bad news is that it's not really up to the administration; the legislature has the power to change the rules and the courts have the job......

Commentary: In Pair of Opinions, Fight Over Textualism Lives On

When Justice Kagan declared at a 2015 “Scalia Lecture at Harvard Law School that “we are all textualists now, she may have been a bit premature.       

Lions, And Tigers, And … The Flu? Oh My!

What if flu shots are mandatory -- with termination for those who refuse such vaccinations? Is that legal?

Lawsuit Looks to Preserve Protections for Immigrants From Haiti, El Salvador

Several groups have filed a federal lawsuit in Boston against the Trump administration, claiming its TPS policy toward certain ethnic groups is racist.       

Nelson Mullins Takes 11 Miles & Stockbridge Partners for Baltimore Launch

The hires by South Carolina-based Nelson Mullins coincide with a leadership change at Miles & Stockbridge.       

Read New 32-Count Indictment Against Manafort, Gates

The superseding indictment came from a grand jury in Alexandria, Virginia, separate from the Washington, D.C., grand jury that indicted the two men in Washington, D.C., last year.       

False endorsement: some bad questions to ask in a survey

3 hours agoIndustries / Law : 43(B)log

Gibson v. BTS North, Inc., 2018 WL 888872, No. 16-24548 (S.D. Fla. Feb. 14, 2018) Plaintiffs are professional models, actresses, and/or businesswoman who earn their livings by promoting her image, likeness, and/or identity to select clients, commercial brands, media, and entertainment outlets and carefully controlling their images. Show More Summary

Zazzle injunction reversed: irreparable harm is hard to show

3 hours agoIndustries / Law : 43(B)log

Greg Young Pub’g, Inc. v. Zazzle, Inc., No. 16-cv-04587 (C.D. Cal. Feb. 8, 2018) After a jury trial finding Zazzle liable for copyright infringement for producing goods with user-uploaded images, the court granted a preliminary injunction. Show More Summary

The other Redbox case: the color may fade, but not the mark

3 hours agoIndustries / Law : 43(B)log

Redbox Automated Retail, LLC v. Xpress Retail LLC, 2018 WL 950098, No. 17 C 5596 (N.D. Ill. Feb. 20, 2018) Redbox sued defendant DVDXpress alleging trademark infringement and false advertising; DVDXpress moved to dismiss and asserted counterclaims/affirmative defenses, some of which the court here rejects. Show More Summary

Reading list: global fair use

3 hours agoIndustries / Law : 43(B)log

Lionel Bently and Tanya Aplin, Whatever Became of Global, Mandatory, Fair Use? A Case Study in Dysfunctional Pluralism The international copyright system requires all participants to recognise a freedom for fair quotation that covers...Show More Summary

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