For years, employers have sought access to federal courts for trade secret misappropriation claims against departing employees who have taken the employer’s proprietary information to use in a new venture or for a new employer.
Seventh Circuit Revives Data Security Breach Class Action Against Neiman Marcus: Finds Article III Standing In Class Expenses “Resolving Fraudulent Charges and Protecting…Against Future Identity Theft.”
A panel of the Seventh Circuit Court of Appeals (Wood, C.J., Kanne, J. and Tinder, J.) has reversed the dismissal of a data security breach class action lawsuit against luxury department store Neiman Marcus.
Clients and potential clients have a lot of choices when it comes to selecting a lawyer. As a solo practitioner, how can you set yourself apart from other solos and larger firms, and convince a potential client that you’re the best choice to be their lawyer? Surveys consistently show that a critical factor to clients […]
I have blogged about this matter several times, all the while applauding the lower court decision and employer’s legal position in the case, as I believed what these temporary lawyers were doing did constitute the practice of law.
The Fourth Circuit recently issued a decision affirming a district court’s order dismissing a false advertising claim against GNC and Rite Aid relating to several supplement products containing glucosamine and chondroitin, as well as other ingredients.
The United States Court of Appeals for the Fifth Circuit, in an extensive but divided panel opinion, today denied the Obama Administration’s request to stay a preliminary injunction of its immigration executive action to grant work authorization to several million aliens.
* Some marriage equality enthusiasts applauded the Supreme Court’s decision to stay out of the way and let the circuits do their thing. But the history of miscegenation in America suggests the Supreme Court had a moral obligation to interject. [USA Today]
* On this subject, Professor Dorf presents a fascinating hypothetical: is it in the strategic interest of an anti-gay marriage conservative lower court judge to strike down same-sex marriage bans in light of the Supreme Court’s cert denials? [Dorf on Law]
* One more story while we’re at it, after the Ninth Circuit struck down bans on same-sex marriages, District Judge Robert C. Jones of Nevada, who upheld the ban in the first place, recused himself rather that be forced to issue an opinion in accordance with Ninth Circuit precedent. [BuzzFeed]
* If you’ve ever wondered how Islamic State manages to recruit Western youth to the cause, the answer is a “Disney-like” social media campaign. It’s like a Biglaw summer program, but for murder. [Cornell Journal of Law and Public Policy]
* “Better Hold Off Sexting With High School Students” in Indiana. The Indiana Supreme Court finally weighed in last week after the lower court had okayed a teacher texting a 16-year-old to sneak out of the house for sex. Wait, this required the Supreme Court to weigh in? What is wrong with you Indiana? [Valpo Law Blog]
* Looking professional with a pixie cut. [Corporette]
* Enter for a chance to win a Chief Judge Randall Rader bobblehead! Yes, these exist. [Santa Clara Law]
* The Zephyr Teachout book tour for Corruption in America (affiliate link) begins. Is your town on the list? [Teachout-Wu]
* New Orleans taxpayers spent around $75K traveling judges to conferences and resorts last year. Quoth the tipster: “I could make a joke about New Orleans judges going to the third world to learn how to run their courtrooms, but I think I already did.” [The Times-Picayune]
* They know where to find a deal: Justice Sonia Sotomayor ran into Hillary Clinton at Costco this weekend where the former secretary of state was hawking her book (affiliate link). It’s almost like this wasn’t arranged. [Huffington Post]
* “[T]his is my chance to do what I love and I am going to seize it!” Judge Randall Rader stepped down from his role as chief of the Federal Circuit less than a month ago following an ethics issue, and now he’s retiring for good. [Reuters]
* The government says that Zachary Warren’s prestigious legal accomplishments “left him well-able to understand the criminal nature of his conduct at Dewey.” Ouch, the People just turned it around on him. [WSJ Law Blog]
* “The reasons they have are the reasons they have.” The ex-dean of Indiana Tech Law quit his job weeks ago, but no one has any idea why. We guess he got out while the getting was still good. [Journal Gazette]
* Kenan Gay, the Charlotte Law student charged with murder after allegedly tossing a man into traffic, was acquitted. He graduated this spring. Nice work, but loans are still a life sentence, bro. [Charlotte Observer]
* It’s been 20 years since the O.J. Simpson case — aka the “trial of the century” — came to its dramatic conclusion. If you want to know what happened to all of the lawyers involved, we’ve got you covered. [CNN]
* Federal judges frequently fly across the globe on other people’s dime for conferences and symposia, but 2012′s most frequent flyer is a judge who was recently embroiled in an ethics scandal: Randall Rader of the Federal Circuit. [National Law Journal]
* Even though she claims nothing is “fundamentally broken,” Securities and Exchange Commission chairwoman Mary Jo White proposed “sweeping” new stock market regulations in an attempt to get with the times. [DealBook / New York Times]
* U. of Maine wants to combine its business and law schools, but professors are concerned about pressing questions like, “What will the diploma say?” rather than, “Do I get to keep my job?” [Portland Press Herald]
* Law schools are seen as cash cows for their affiliated undergraduate universities, but this law school is hurting so bad for cash due to low enrollment the university is infusing it with millions. [Minnesota Daily]
* A Pennsylvania man is suing his local police department for First Amendment violations after he was arrested for cursing in front of officers. N.W.A has a song this guy would like. [Pittsburgh Post-Gazette]
My father is a military man. Accordingly, all things in life, from mundane trips to the grocery store to complex life decisions like planning for and choosing a college, was subject to careful, deliberate planning. Digesting evidence and facts was a far better road than the proverbial “crossing of fingers” and trusting that “it will all work out for the best.” Former NYC mayor Rudolph Guiliani said it best when he announced that “Hope is not a strategy.”
I was reminded of this adage when reading a few industry reports compiling data points about corporate legal departments and the ever –increasing complexity of the regulatory environment. Here are some shockers:
* Supreme Court justices are “basically rewriting the law,” sometimes years after the fact. As it turns out they’ve been quietly “changing the wording of opinions” — sometimes, even our legal idols make mistakes. [New York Times]
* Many law school deans at leading law schools are pretty pissed off about Justice Antonin Scalia’s latest criticisms of the legal academy. Please, continue taking “Law and Unicorns.” It’s a real class, we promise! [National Law Journal]
* Judge Randall Rader, who recently resigned as the Federal Circuit’s chief judge, released a memo to his colleagues apologizing for his scandalous recusals in a pair of patent cases. Poor guy. [WSJ Law Blog]
* Peter Alexander, Indiana Tech Law’s dean, has resigned less than a year after opening the school’s doors. The school’s interim dean doesn’t use capital letters in his name. That’s cute. [Journal Gazette]
* Très, très déclassé: Mahbod Moghadam, formerly of Dewey & LeBoeuf, was fired from Rap Genius after he inappropriately annotated suspected Santa Barbara shooter Elliot Rodgers’s manifesto. [Re/code]
Yeah, these are basically the same except for the whole “mass murdering of human beings” part.
1st Circuit, Anthony Kennedy, Attorney Misconduct, Biglaw, Federal Circuit, Federal Judges, Gay, Law Schools, Legal Ethics, Michael Jackson, Morning Docket, Office of Legal Counsel, S.D.N.Y., SCOTUS, Sex, Small Law Firms, Supreme Court, Trials, U.S. Attorneys Offices
* U. Penn. Law doesn’t need to toot its own horn about kicking off its visiting jurist program with a Supreme Court justice — we’ll do it on the school’s behalf: toot f-ing toot for Justice Kennedy. [National Law Journal]
* President Obama nominated former OLC attorney and current HLS professor David Barron for a First Circuit vacancy, and a Western New England alum for a district court judgeship. Congrats! [Boston Globe]
* The Senate confirmed Todd Hughes for a seat on the Federal Circuit without any opposition. This is what progress looks like: Hughes will be the first openly gay federal appellate judge in U.S. history. [BuzzFeed]
* Preet Bharara, U.S. Attorney for the Southern District of New York, is pretty pissed that federal budget issues are allowing his office to get outgunned by wealthy financial firms. [DealBook / New York Times]
* “It seems a very coordinated effort of smugness.” As we reported previously, lawyers from the small firm representing Michael Jackson’s family think O’Melveny & Myers is full of d-bags. [Los Angeles Times]
* Sorry, but you can’t bang your clients. Well, that’s not completely true. You can bang your clients, but you have to bang them before there’s a legal relationship to keep banging them ethically. [Daily Report]
* The hits keep on coming for Curt Schilling. Now the SEC has woken up and decided to probe the $75 million he secured from the state of Rhode Island (already the subject of another suit). Maybe he can fake another bloody sock to generate some sympathy. [Bloomberg]
* Apple sold a “Season Pass” to Breaking Bad Season 5 and then refused to honor the second half of the season to its subscribers, prompting an Ohio doctor to file suit for $20, with hopes of building a class action. Look, Apple needed that money; Tim Cook is desperate these days. [Deadline: Hollywood]
* Speaking of Apple, the Federal Circuit looks like it’s going to give Apple another crack at its claim that Google ripped off the iPhone patents, citing “significant” errors on the part of the last judge to rule on the dispute: Richard Posner. You come at the king, you best not miss. [Wall Street Journal]
* And last, but definitely not least, Apple’s new fingerprint ID will be the death of the Fifth Amendment. Discuss. [Wired]
* A film chock-full of unsanctioned footage and insulting knocks on Disney has been picked up for distribution. This is your official warning that it’s time to prepare the beauty pageant pitch for the Disney execs. [Grantland]
* Elie smash, Charlotte Law School. [NPR Charlotte]
* The International Association of Young Lawyers conference will feature a speed dating session (on page 6). Really hard-hitting program there. [International Association of Young Lawyers]
* Congratulations to the 49 firms honored for meeting all of WILEF’s criteria for Gold Standard certification at today’s awards gala! [Women in Law Empowerment Forum]
Sources report significant lawyer and staff layoffs at Dickstein Shapiro. What might be driving the cuts?
The Federal Circuit doesn’t look kindly upon counsel failing to abide by commitments made to the court.