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FCC Is 'Deeply Troubled' By Verizon Wireless's New Throttling Plans

16 hours agoIndustries / Law : Techdirt

Earlier this week, we wrote about the ridiculousness of Verizon Wireless refering to its new plans to throttle heavy users of its LTE mobile data network as "network optimization" while denying that it was "throttling." However, in a...Show More Summary

COOL story, part 3: dissents

16 hours agoIndustries / Law : 43(B)log

Judge Henderson dissented, believing the question of Zauderer’s appropriate scope to have been resolved in R.J. Reynolds and unfairly revisited. Judge Brown also dissented, quite vigorously. Under the majority’s reasoning, “a business...Show More Summary

Morning Docket: 07.31.14

16 hours agoIndustries / Law : Above the Law

“We’re in uncharted waters.” Following a split vote down party lines, the House of Representatives authorized Speaker Boehner to move ahead with his lawsuit against President Obama. [WSJ Law Blog] “Vultures! Don’t take our pound ofShow More Summary

Police Can Stop Companions of Criminal Suspects, State High Court Rules

Connecticut Highest court ruled on Wednesday that the Fourth Amendment allows police to detain the companions of criminal suspects without probable cause, when officer safer is threatened.

COOL story, part 2: concurrences

17 hours agoIndustries / Law : 43(B)log

AMI continued: concurrences Judge Rogers concurred in part. She wrote to disassociate herself from the suggested collapse of Central Hudsonand Zauderer. “Viewing Zaudereras simply an application of Central Hudson to special circumstances...Show More Summary

COOL story, part 1: DC Circuit upholds country of origin labeling rule

17 hours agoIndustries / Law : 43(B)log

American Meat Institute v. U.S. Dep’t of Agriculture, No. 13-5281 (D.C. Cir. July 29, 2014) The D.C. Circuit here, en banc, upholds country of origin labeling (COOL) requirements for meat, and in the process holds that Zauderer’s standard...Show More Summary

140 Law - Leading Legal Headlines for Thursday, July 31, 2014

17 hours agoIndustries / Law : Wise Law Blog

Here are the leading legal headlines from Wise Law on Twitter for Thursday, July 31, 2014: Second charge against Toronto cop in Sammy Yatim shooting - Toronto Star Rob Ford campaign video may have violated rules PM's former counsel won't...Show More Summary

Second Circuit reiterates presumptions of harm, damages in literal falsity case

18 hours agoIndustries / Law : 43(B)log

Merck Eprova AG v. Gnosis S.p.A., No. 12 ? 4218 (2d Cir. July 29, 2014) Merck won a false advertising case against Gnosis, and the court awarded it over $500,000 in damages, over $2 million in attorneys’ fees and costs, and prejudgment interest, and also ordered corrective advertising. Show More Summary

Behind The Veil: Comcast Techs Detail How Customer Service Is Really All Just 'Sales'

18 hours agoIndustries / Law : Techdirt

By now you've surely heard the story of Ryan Block's recorded attempt to cancel his Comcast service, which resulted in one of the most infuriating 3rd person experiences I've ever witnessed. On top of that, we wondered recently whether...Show More Summary

“Biglaw Firm Ordered To Make A Video Apologizing For Discovery Abuses”

19 hours agoIndustries / Law : Overlawyered

Federal judge Mark Bennett has resorted to what might be called a creative sanction against out-of-state law firm Jones Day following what he considered excessive interruption and witness-coaching during discovery in the case of Security National Bank of Sioux City v. Show More Summary

10-Year-Olds in the Workforce

As all followers of this blog are well aware, child labor laws expressly prohibit the use of young employees in the workforce. With very limited exceptions, corporations are not permitted to employ younger workers. The law in this area includes...

false advertising about design in the absence of secondary meaning?

19 hours agoIndustries / Law : 43(B)log

Brian Lichtenberg, LLC v. Alex & Chloe, Inc., No. CV 13–06837, 2014 WL 3698317 (C.D. Cal. July 25, 2014) Brian Lichtenberg (Brian) designs clothing and accessories, including parodies of designer brands, such as “Homiès” as a play on “Hermès” and “Bucci,” a parody of “Gucci,” and distributes his products through Brian Lichtenberg, LLC. Show More Summary

Reclassifying Broadband Under Title II Becoming Politically Feasible

20 hours agoIndustries / Law : Techdirt

One of the most annoying things about the net neutrality fight -- as we've been noting for over a decade -- is how silly the net neutrality debate was once it became "partisan." An issue that, previously, had been a general one about...Show More Summary

European Commission Consultation On Copyright Reveals Chasm Between Views Of Public And Publishers

23 hours agoIndustries / Law : Techdirt

In January of this year, we urged Techdirt readers to express their views on copyright by participating in the European Commission's consultation on the subject. It seems that many of you did, judging by the final numbers, which have...Show More Summary

Raising the sex-assault conviction rate

That’s a widely shared objective right now, but at what price? In New Zealand, one of the two main political parties, Labour, is now contemplating rolling back the presumption of innocence, while the other, incumbent National, is contemplating allowing the criminal process to infer guilt from silence. Show More Summary

Operation Choke Point

Cato event held earlier this month with Rep. Darrell Issa (R-Calif.) and Cato senior fellow Mark Calabria. Here’s the description: Launched in early 2013, “Operation Choke Point” is a joint effort by the Department of Justice (DOJ) and the bank regulators to limit access to the bank payments system by various businesses. Show More Summary

Using Spreadsheets In Bioinformatics Can Corrupt Data, Changing Gene Names Into Dates

yesterdayIndustries / Law : Techdirt

A few years back, people were rather disturbed to find out about the famous Excel bug, whereby the multiplication of two numbers in Microsoft's spreadsheet gave the wrong number. It turns out there are other circumstances in which Excel...Show More Summary

U.S. House Authorizes Lawsuit Against Obama in 225-201 Vote

House lawmakers voted Wednesday to authorize House SpeakerJohn Boehner to file suit against President Barack Obama on a complaint that he had overstepped his legal authority, setting up a possible constitutional test and giving both parties a potent campaign issue to take home for the five-week congressional recess.

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