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Facebook and Judges
December 14, 2013
In a recent Texas Court of Appeals decision, the court found that a mere Facebook friendship does not amount to a lack of impartiality by judge. The case is Youkers v. State, 2013 WL 2077196 (Tex. App.—Dallas May 15, 2013). In that case, the assault victim’s father was Facebook friends with the judge presiding over the trial.
December 14, 2013
In a recent Texas Court of Appeals decision, the court found that a mere Facebook friendship does not amount to a lack of impartiality by judge. The case is Youkers v. State, 2013 WL 2077196 (Tex. App.—Dallas May 15, 2013). In that case, the assault victim’s father was Facebook friends with the judge presiding over the trial.
Luddite Lawyers Are Ethical Violations Waiting To Happen
December 14, 2013
Lawyers cannot ignore technology The ABA made it abundantly clear that lawyers must keep up with technology when it amended comment 8 to Model Rule 1.1 on competence. Comment 8 now reads: To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. (Emphasis...
December 14, 2013
Lawyers cannot ignore technology The ABA made it abundantly clear that lawyers must keep up with technology when it amended comment 8 to Model Rule 1.1 on competence. Comment 8 now reads: To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. (Emphasis...
Avoid “Discovery About Discovery” with Cooperation
December 13, 2013
Ruiz-Bueno, III v. Scott, No. 2:12-cv-0809, 2013 WL 6055402 (S.D. Ohio Nov. 15, 2013) In this case, Plaintiffs moved to compel answers to their questions about Defendants’ efforts to respond to Plaintiffs’ discovery requests, including what procedures were undertaken to search for responsive electronically stored information. Defendants objected, arguing that such information was not within the scope of discovery. Following its discussion of whether “discovery about discovery [is] ever...
December 13, 2013
Ruiz-Bueno, III v. Scott, No. 2:12-cv-0809, 2013 WL 6055402 (S.D. Ohio Nov. 15, 2013) In this case, Plaintiffs moved to compel answers to their questions about Defendants’ efforts to respond to Plaintiffs’ discovery requests, including what procedures were undertaken to search for responsive electronically stored information. Defendants objected, arguing that such information was not within the scope of discovery. Following its discussion of whether “discovery about discovery [is] ever...
Supreme Court Takes Up Patent Eligibility Case
December 13, 2013
The U.S. Supreme Court on Friday agreed to review a deeply divided ruling by the U.S. Court of Appeals for the Federal Circuit on the standard for determining whether certain computed-related inventions deserve patent protection. In Alice Corporation v. CLS Bank International, judges on the en banc Federal Circuit issued five separate opinions, none commanding a majority, on how to determine whether a computer-implemented innovation should be viewed as an "abstract idea" that is ineligible for a patent. In...
December 13, 2013
The U.S. Supreme Court on Friday agreed to review a deeply divided ruling by the U.S. Court of Appeals for the Federal Circuit on the standard for determining whether certain computed-related inventions deserve patent protection. In Alice Corporation v. CLS Bank International, judges on the en banc Federal Circuit issued five separate opinions, none commanding a majority, on how to determine whether a computer-implemented innovation should be viewed as an "abstract idea" that is ineligible for a patent. In...
CFPB Report on Consumer Arbitration Released
December 13, 2013
The Consumer Finance Protection Agency (CFPB) today released a report under its explicit Dodd-Frank authority. “Under...
December 13, 2013
The Consumer Finance Protection Agency (CFPB) today released a report under its explicit Dodd-Frank authority. “Under...
Arbitration v. Class Action Lawsuits: Do Class Actions Benefit Class Members?
December 13, 2013
It is becoming the battle of dueling studies on arbitration vs. class action lawsuits. In an effort to sway the opinion...
December 13, 2013
It is becoming the battle of dueling studies on arbitration vs. class action lawsuits. In an effort to sway the opinion...
West Virginia Has A Change Of Heart About Arbitration
December 13, 2013
A few months ago, you would have reasonably thought that West Virginia was one of the most anti-arbitration states in the country. ...
December 13, 2013
A few months ago, you would have reasonably thought that West Virginia was one of the most anti-arbitration states in the country. ...
Court Rules that Google Books is Fair Use, Not Copyright Infringement
December 12, 2013
A ruling in favor of Google after 8 years of litigation about Google Books since it “has become such an important tool...
December 12, 2013
A ruling in favor of Google after 8 years of litigation about Google Books since it “has become such an important tool...
Consumer Agency Finds Arbitration Agreements Unpopular, Confusing
December 12, 2013
The Consumer Financial Protection Bureau today released a report looking at the use of arbitration agreements in consumer...
December 12, 2013
The Consumer Financial Protection Bureau today released a report looking at the use of arbitration agreements in consumer...
Crisis Negotiations: How Jamie Dimon Avoided Disaster
December 12, 2013
Sometimes the goal in negotiation is to improve your fortunes. But sometimes, the best you can hope for is to lessen the fallout from past mistakes. Take the case of JPMorgan Chase, which in September was threatened with a lawsuit from the U.S. Department of Justice (DOJ) for its sales of troubled mortgage investments during the financial crisis. JPMorgan CEO Jamie Dimon’s hands-on negotiations to settle the potential charges and avoid a lawsuit, as recounted by Ben Protess and Jessica Silver-Greenberg...
December 12, 2013
Sometimes the goal in negotiation is to improve your fortunes. But sometimes, the best you can hope for is to lessen the fallout from past mistakes. Take the case of JPMorgan Chase, which in September was threatened with a lawsuit from the U.S. Department of Justice (DOJ) for its sales of troubled mortgage investments during the financial crisis. JPMorgan CEO Jamie Dimon’s hands-on negotiations to settle the potential charges and avoid a lawsuit, as recounted by Ben Protess and Jessica Silver-Greenberg...
