An interesting ruling out of Georgia states that an unconventional method to determine a cell phone's owner is not a search under the Fourth Amendment. The appeals court decides [PDF] that the information obtained has no expectationShow More Summary
Despite some big-ticket cases, the Supreme Court still leans right. [Empirical SCOTUS] The Kafka-esque treatment of a mentally ill rape victim, who was locked up over the Christmas holiday to make sure she'd testify, will infuriate you. Show More Summary
Before the internet age, discovery was a matter of digging through endless paper files. But the problem is that paper can be shredded, torn, burnt. In today's digital world, electronic forensic evidence abounds in every nook and cranny -- sometimes with great overlap. Small firms must use some creativity to......
Many lawyers are still unaware of some of the basic steps behind the procurement of digital evidence. In many ways, the basics are not too different from typical civil discovery -- it's just that the medium is different (and more impermanent). Here are some tactical considerations you should keep in......
People tend to think in broad generalities and they can hardly be blamed for it. The public has its stereotypes about every profession, whether it be programmer, teacher, or doctor. As for lawyers, the stereotypes can be flattering at first, and a little annoying later on. Here are a few......
Utah Governor Gary Herbert can't withhold federal funds from the Planned Parenthood Association of Utah, the Tenth Circuit ruled last week. The governor had instructed Utah officials to withhold $272,000 in so-called "pass-through" federal funds designated for STD treatment and sex education. The move came shortly after conservative activists......
Imagine you are in-house counsel for a large company and its executives have come to you for advice on the current corporate employee rage: wellness programs. What do you tell them? How do you best counsel your client? Wellness programs are a relatively new craze as far as corporate perks......
This Attorney General is no stranger to scandal.
Bunnie Huang is having quite a day -- and it's a day the US government perhaps isn't too happy about. Huang has worked on a number of interesting projects over the years from hacking the Xbox over a dozen years ago to highlighting innovation happening without patents in China. Show More Summary
A consumer-fraud complaint targeting the Hollywood film industry is pitting anti-smoking activist fears against free speech concerns.
Whose speech was dumber: Clint Eastwood's or Chris Christie's?
There are so many bills SmallLaw attorneys are on the hook for that a financial hiccup can be devastating.
This week, two ghosts have been walking the floor of the Republican National Convention each night after all the hate and fear have been swept up and packed away for the morning. Judge Merrick Garland—whose name is never mentioned—and...Show More Summary
Television analyst, book author, and blogger Clay Travis opens up about his former life as a lawyer.
We're back again with another in our weekly reading list posts of books we think our community will find interesting and thought provoking. Once again, buying the book via the Amazon links in this story also helps support Techdirt. We've...Show More Summary
The reality is that “I don’t know” has become the legally accepted synonym for “reasonable use of deadly force.”
Securities cases are available in Lex Machina starting today; antitrust cases will come in September.
Earlier this week there was a fascinating piece in the New Yorker by Jane Mayer, interviewing Tony Schwartz, who is credited as the co-author to Donald Trump's first and most famous book, The Art of the Deal (Schwartz is interchangeably...Show More Summary
Beachbody, LLC v. Universal Nutrients, No. 16-02015, 2016 WL 3912014 (C.D. Cal. July 18, 2016) Beachbody sued Universal and Wal-Mart for using its “shakeology” mark on product packaging and purchase receipts. The court granted defendants’ motion to dismiss—apparently the standard is higher when you sue Wal-Mart. Show More Summary
In-house columnist Stephen R. Williams has taken a professional vow of political silence for the rest of the election season.