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Doctor's evaluation of another doctor's treatment isn't commercial speech

3 days agoIndustries / Law : 43(B)log

Tobinick v. Novella, No. 15-14889 (11th Cir. Feb. 15, 2017) Ultimately, despite a long battle, this is a relatively easy case about “the medical viability of a novel use for a particular drug.” Dr. Tobinick (plaintiff, along with related...Show More Summary

This Emoluments Thing Isn’t Going Away

When last we checked in on President Trump and his assorted emoluments issues, a lawsuit had been filed and there was some question of whether the plaintiffs had any standing to proceed. There is now reason to believe the standing issue...Show More Summary

Environment roundup

How regulators dismiss economists’ advice: the case of CAFE fuel economy regs [David Henderson] Other auto manufacturers appear to have an emissions cheating problem, raise your hand if you’re surprised [Coyote] “You can end up getting...Show More Summary

“Forcing Apple to Shut Down Drivers’ Phones Is a Terrible Idea”

What could go wrong? [Katherine Mangu-Ward, Reason; Nick Farr, Abnormal Use] Tags: Apple, cellphones “Forcing Apple to Shut Down Drivers’ Phones Is a Terrible Idea” is a post from Overlawyered - Chronicling the high cost of our legal system

Canada-EU Trade Deal Ratified By European Union; Now Needs Approval By All Member States' National Parliaments

3 days agoIndustries / Law : Techdirt

As Techdirt reported last November, while TPP and TAFTA/TTIP appear to be dead, the trade deal between Canada and the European Union (CETA) has been slowly working its way through the system. Today, the European Parliament approved the deal, which means that the European Union has completed the formal ratification process. Show More Summary

New Report On Encryption Confirms There's More Of It, But Still Not Much Of A Problem For Law Enforcement

3 days agoIndustries / Law : Techdirt

CSIS (Center for Strategic and International Studies) has just released its report on encryption and it comes to the same conclusions many other reports have: encryption is good for everyone and law enforcement fears are overstated and mostly-unrealized. Show More Summary

No Police Liability for Flashbang Grenade Injuries, 11th Cr. Rules

A SWAT team gathered before dawn to plot their attack on a suspected drug dealer in Clayton County, Georgia. Police knew Jason Ward had a nine-millimeter handgun, so the officers had obtained a "no-knock" warrant that allowed them to break into Ward's apartment without notice. They would use flashbang......

How to Put Your Creative Genius to Work in Your Law Practice

Everybody knows that Thomas Edison said, "Genius is one percent perspiration, ninety-nine percent inspiration." And everybody knows, or at least with a quick Google search can find out, that Dr. Alexander Fleming discovered the first antibiotic in a dish of bacteria. But does anybody know that James H. Solomon......

Real-Life Lawsuit Against Virtual Reality 'Unicorn' Magic Leap Talks About Wizards

Maybe it's not all that surprising that a lawsuit involving a virtual reality company called Magic Leap, known in in venture capital circles as a "unicorn," would involve some discussion of wizards. But the claims made in the lawsuit are very real. A unicorn is defined as "a startup company......

Insourcing v. Outsourcing: The Dance of Legal Work

It's not as catchy as dancing the hokey-pokey, but corporate attorneys increasingly put one foot in and one foot out in the legal marketplace. For in-house counsel, it's about balancing the bottom line between outsourcing or insourcing legal work. On the other side of the dance, outside counsel have......

Facebook Sued in Germany for Selfie Linked to Fake News Stories about Terrorism

With one selfie, a Syrian refugee has brought Facebook to a day of reckoning. A German judge will soon decide what to do about Anas Modamani, who took a selfie with chancellor Angela Merkel in 2015 and posted it on Facebook. The photo went viral as a symbol of......

Judge Suspended for Badly Photoshopped Campaign Ad

Photoshop has created many images that you just can't unsee: a giant shark leaping to bite helicopter; Oprah's head on Ann-Margret's body; Forrest Gump in the White House... Seriously, when it comes to photoshopped images, the line between fact and fiction is sometimes pretty blurry. It certainly got......

After Anthem-Cigna Merger Blocked, What's Next for the Health Care Insurance Titans?

The writing had been on the wall for health care insurers for some time. Citing anti-trust violations, a federal judge had blocked Aetna's plan to merge with Humana last month. Anthem had to see it coming for its deal with Cigna this week. U.S. District Court Judge Amy Berman......

Puzder Withdraws as Nominee for Secretary of Labor

This just in: Andrew Puzder has withdrawn his name from consideration as Secretary of Labor. It sounds like the writing on the wall showed that he lacked enough Republican support in the Senate. It's interesting that this is the one...

Courthouse Protests Planned For Friday, During Day Of Strike Against Trump

With the dawn of the Trump presidency it seems the political left has rediscovered its protests roots.

“You Weren’t Born in This Country”

On Friday, Immigration and Customs Enforcement arrested Daniel Ramirez Medina, a 23-year-old man whose parents illegally brought him to the United States from Mexico as a child. The federal government has granted Ramirez deferred action...Show More Summary

Federal Circuit to PTO: EXPLAIN WITH PARTICULARITY AND EVIDENCE

PersonalWeb Tech v. Apple (Fed. Cir. 2017) [personalweb] Following an administrative trial, the PTAB found the challenged claims of PersonalWeb’s Patent No. 7,802,310 obvious based upon a combination of two prior art references.  OnShow More Summary

Apple Wants To Stop You Fixing Your iPhone And iPad: Source Says It Will Testify Against 'Right To Repair' Legislation

3 days agoIndustries / Law : Techdirt

Techdirt has been covering the fight for a "Right to Repair" for a long time -- Mike first wrote about it in 2009. Even though the idea seems a no-brainer -- you bought it, why shouldn't you be able to repair it? -- progress has been extremely slow, as successive Techdirt articles have chronicled. Show More Summary

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