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Weed-Whacking at the DOJ

Friday could be a very bad day for marijuana growers. That’s because, tucked into the vast spending bill Congress needs to pass to avoid yet another government shutdown, is the extension of a provision designed to prevent the federal government from prosecuting marijuana growers in states that have legalized cannabis. Show More Summary

Another NSL Gag Order Successfully Challenged In Court

yesterdayIndustries / Law : Techdirt

Another National Security Letter is on its way to being published. There's no way of telling when it will arrive, but it will be sooner than the government's clear preference: never. Adobe is the unlikely recipient of the NSL and accompanying gag order. Show More Summary

How I Became A Cocaine Addict

'Do you want a bump, Brian? It will make you feel good.'

Guy Fined $500 For Criticizing Government Without A Permit Sues Oregon Licensing Board

2 days agoIndustries / Law : Techdirt

Government entities tend to dislike people who criticize red light cameras. There's little evidence supporting the theory they make driving safer, but there's plenty of data out there showing just how profitable they can be, especially...Show More Summary

Holy Moly! An ‘Incestuous’ Law Firm Merger For Foley?

This Biglaw firm might as well be marrying its law firm cousin.

Here Comes The Attempt To Reframe Silicon Valley As Modern Robber Barons

2 days agoIndustries / Law : Techdirt

It's difficult for me to read Jonathan Taplin's cri de coeur about Google and other technology companies that have come to dominate the top tier of successful American corporations without wincing in sympathy on his behalf. But the pain...Show More Summary

CORRECTED LINK For Post-Tincher Case Summarized in Yesterday's Post

2 days agoIndustries / Law : Tort Talk

Here's a LINK back to yesterday's Tort Talk Blog Post on the Pennsylvania Superior Court's recent non-precedential decision in the Post-Tincher case of Martinez v. American Honda Motor--I understand that the Link to the actual decision may not have been working and I have corrected it.I apologize for any inconvenience.

PTAB Must Justify Each of its Obviousness Conclusions

Securus Tech v. Global TelLink (Fed. Cir. 2017) (IPR2014-01278) (Pat. No. 7,860,222) In this nonprecedential decision by Judge Chen, the Federal Circuit has partially-vacated and remanded – finding that the Board (PTAB) had failed to explain its obviousness decision. Show More Summary

Requiem For My Law School

This is a very personal memorial to a school that really died some years ago, although it didn’t know it then.

Internet surveys are admissible (but may raise IRB concerns)

2 days agoIndustries / Law : 43(B)log

Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 1377991 (D. Utah Mar. 2, 2017)Bimbo charged that defendants misappropriated its trade secret for making Grandma Sycamore’s Home-Maid bread, and infringed on its trade dress related to the packaging of its bread. Show More Summary

Alternative-Fact April: 5 Traits Self-Employed Attorneys Bring To Employers

I want to conclude my “Alternative Fact April” miniseries with what I think is the biggest myth when it comes to employers’ reluctance to hire attorneys with a small-firm or solo-practice background (who I will refer to as “self-employed attorneys” for the remainder of this column). That myth is: They bring nothing to the table. […]

4th Cir. affirms dismissal where P didn't allege specific lost consumers or quantify lost sales

2 days agoIndustries / Law : 43(B)log

Wall & Associates, Inc. v. Better Business Bureau of Central Virginia, Inc., --- Fed.Appx. ----, 2017 WL 1437215, No. 16-1819 (4th Cir. Apr. 24, 2017) The court of appeals affirmed the dismissal of Wall’s complaint for false advertising based on statements by the BBB. Show More Summary

Cord Cutting Is Very Real, And 25% Of Americans Won't Subscribe To Traditional Cable By Next Year

2 days agoIndustries / Law : Techdirt

For years the traditional cable and broadcast industry has gone to great lengths to deny that cord cutting (getting rid of traditional cable TV) is real. First, we were told repeatedly that the phenomenon wasn't happening at all. Next,...Show More Summary

CRTC Chair Blais Calls Out Telcos For Double-Talk on Internet Fibre Investment

CRTC Chair Jean-Pierre Blais participated in a fascinating question-and-answer session at MIT this week in which he bluntly spoke out on a wide range of issues including cultural issues, copyright, and Internet policy.  I'll have a future...Show More Summary

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