Federal Government

VoteEd note: This post originally appeared on CommLawBlog.

With SuperPAC money flowing and political ads running on Internet streams, caution in dealing with political spots is in order.

There may be just a few weeks remaining in this election season, but broadcasters should be paying attention – now and in future elections – to an important aspect of the political advertising business: the extent to which they may be able to demand changes in, or refuse to air, political ads because of their content. One key protection that covers the broadcast of some political spots does not cover all such spots, and it definitely does not appear to cover any non-broadcast distribution of even the spots that are protected when broadcast.

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In my line of work, I sometimes end up as a career counselor of sorts. People talk to me about what’s going on at their law school or law firm and ask me for advice about what to do.

I recently had occasion to speak with a lawyer who was laid off by his Biglaw firm. He remains on the website, but he hasn’t been to the office in months; that was part of the deal they negotiated with issued to him. He has been looking for a new job for months but has been having difficulty. He blames this in part on a lack of specialization — he’s a generalist, not really marketable as an expert in a particular type of litigation or transaction.

This reminded me of a chat I was having with an old friend from my high school debate days, who has found great professional success in a focused practice area. I contacted him again and our chat turned into a full-blown interview about how to become (and remain) a partner at a major law firm by establishing expertise in a particular field of substantive law.

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The latest batch of presidential papers from the Clinton Administration, recently released to the public, contain some fun nuggets for law nerds. We’ve mentioned a few of them already — e.g., the time that a pre-robescent Elena Kagan, then a White House staffer, dropped the f-bomb in a memo to White House counsel Jack Quinn. Another just came to light today: as reported by Tony Mauro, a pre-robescent John Roberts, then in private practice at Hogan & Hartson, came close to representing President Clinton in the U.S. Supreme Court in Clinton v. Jones.

The papers contain other interesting tidbits too — and some are sad rather than salacious. For example, there’s the story of how a brilliant and distinguished circuit judge came thisclose to landing a seat on the Supreme Court, until health problems derailed his nomination….

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Ed note: This post originally appeared on InfoLawGroup.

California Governor Jerry Brown signed into law an amendment to California’s data breach notification law on Monday. Although at least one news outlet has reported that the law requires a company to offer credit monitoring services, this interpretation is misguided. Rather, the law only places restrictions on certain companies if they choose to offer identity theft prevention and mitigation services. In addition, the law also prohibits persons from selling (or advertising or offering to sell) any individual’s social security number, subject to certain exceptions.

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Ed note: This post originally appeared on Global Regulatory Enforcement Law Blog.

Unmanned aerial cameras have been legal in other parts of the world but prohibited for commercial use in the United States until last week, with the limited exception of two commercial-drone operations, which the FAA had previously approved for Alaskan oil operations. On September 25, 2014, the FAA announced that it approved certain uses of drones or unmanned aircraft systems (“UAS”) in the National Airspace System for film and TV productions. This is a breakthrough for the entertainment industry because drones allow filmmakers Superman-like abilities to take images at angles never before captured. Drones are able to cover altitudes lower than helicopters but higher than cranes, and can navigate indoor areas that are otherwise difficult or impossible to get to. However, the FAA’s approval is not without restriction.

double red triangle arrows Continue reading “It’s a Bird…it’s a Plane…it’s a Drone; FAA Approves Limited Use of Drones as Camera Platforms for Film and TV Production”

Ed note: This post originally appeared on CommLawBlog.

Petition against a broadcast license renewal cites offensive nature of “Redskins” name as basis for denial. Should the FCC really be involved with this?

For years there’s been a steady drumbeat for the owners of the Washington, D.C. National Football League team to change the team’s name to something other than “the Redskins”. The contention is that the word “Redskins” is – in the eyes of both American Indians and non-Indians – an offensive ethnic slur. (In response, the team — which has used that name for more than 80 years – says that it’s a tribute to American Indians’ strength and courage, i.e., the antithesis of a slur.)

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Eric Holder

Now that Eric Holder has announced his departure as attorney general, talk has turned to who his successor will be — and should be. Early buzz has centered around Solicitor General Donald Verrilli, but there are other compelling candidates as well, including lots of legal luminaries that Above the Law readers will recognize.

Who will be our nation’s next AG? And who should be the next AG? Let’s discuss….

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Ed note: This post originally appeared on Broadcast Law Blog.

Every election season there is the same refrain from candidates who are attacked in political ads run on broadcast stations – that ad is unfair and the broadcaster who is running it should take it off the air. Sometime, that request is sent by a lawyer with threats to bring legal actions if the broadcaster does not stop airing the ad. What is a broadcaster to do when it gets one of these requests to pull a political ad from the air? While we have written about this issue many times before (see, for instance, our refreshers on the rules with respect to candidate ads, here, and non-candidate, third-party attack ads, here), questions still come up all the time. Thus, broadcasters need to know the rules so that they don’t pull an ad that they are not allowed to censor under the FCC’s rules, and that they don’t run one for which they could in fact have liability.

double red triangle arrows Continue reading “Questions about the Truth of Political Ads, What’s a Broadcaster to Do When a Candidate Complains About an Attack Ad? – The No Censorship Rule for Candidate Ads”

President Obama formally announced the resignation of U.S. Attorney General Eric Holder this week. Filling the position ordinarily poses a political challenge, but installing Holder’s successor will be particularly rancorous. And we have Eric Holder himself to thank for that.

With Congressional midterm elections weeks away, confirmation hearings for a new AG any time soon seemed unlikely at first. However, Senator Patrick Leahy (D – VT), the chair of the Senate Judiciary Committee, announced that he intends to urge the confirmation process onward. “Definitely, we should have confirmation hearings as quickly as possible in the Senate,” Leahy told MSNBC’s Andrea Mitchell. Changes to Senate rules allow debate to end over executive and judicial branch nominees (except for nominees for Supreme Court vacancies) with a simple majority vote, rather than a supermajority of 60 votes. At least until the January 2015 session, when the Senate can revisit the rule change, Senators cannot filibuster the vote on Eric Holder’s potential successor. No matter what shifts occur after the upcoming elections, Republicans hold only 45 seats in the Senate until January 2015. So, Democrats acting quickly hold an advantage. However, Democratic senators facing dicey election contests may not be enthusiastic about their party’s push for hearings before the election.

The AG confirmation process opens a new battlefield in the war between supporters of President Obama and his critics. The battle to confirm Eric Holder’s successor promises to be messy. Senate Republicans will treat the process as a referendum on everything President Obama has done — possibly everything his critics suspect he might want to do. Washington politics makes this sort of fight possible. The timing of Holder’s resignation, a few weeks ahead of Congressional midterm elections, makes this plausible. But Eric Holder himself made this battle necessary.

So, how did Holder generate so much bad blood?

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NPR has a breaking scoop. Sources report that Attorney General Eric Holder will announce his resignation today.

Holder is one of the longest-serving members of Obama’s cabinet. People have called him the most “racially divisive” AG in history. In related news, he’s also African-American, a fact that has really seemed to piss some people off.

It’s been a few weeks without a manufactured “scandal” landing on his desk, so maybe now is a good time to go back to private practice and make millions of dollars?

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