Man uses 35 cable modems to provide WiFi, sued by Comcast
Ars Technica
Group to be studied on “journey to Mars”
Russia Today
Microsoft kills MSN Encarta
The Register
British University Offers Master's Degree in Facebook
Fox News
Tuesday, March 31, 2009
Notable Morning Stories ...
Thursday, March 26, 2009
No Verdict in the MN Senate Race - Professors Debate Merits of Potential Appeals
There's no decision yet from the three judge panel. And, as the entire state of Minnesota holds its breath, Coleman's lawyers are getting ready for a potential appeal. According to a report by Minnesota Public Radio, the back up argument here is equal protection. This is an argument that Coleman's attorneys expect to win.
There were different rules in different counties. Loyola University election law professor Rick Hasen reports that the argument would be that "you need to have the same rules in place across the entire state for dealing with similarly situated ballots." During the trial, Coleman's lawyers argued that some counties checked absentee ballots to be sure that the witnesses were registered while others did not.
The judges would not consider certain ballots which had been thrown out. Ohio State University election law professor Edward Foley says that Coleman could raise constitutional claims about each of the 19 separate categories of ballots that the judges rejected and refused to count. However, this type of claim is a "wild card" because there isn't much certainty in this type of law.
Different bodies making different decisions does not necessarily create a constitutional problem. "It is inevitable that the State Canvassing Board is going to call some questions differently than the court does, and that's just the way the process works," says Dan Lowenstein of UCLA. Here, we are lacking an agency "whether that's the State Canvassing Board or somebody else -- who's arbitrarily treating things differently, and saying we're going to count ballots from one county and not count identical ones from another county."
Source: Minnesota Public Radio
Controversy Over Red-Light Cameras
Although there is no direct evidence that red-light cameras reduce accidents at intersections, they certainly provide a major source of revenue during a time when cities are hurting for funds.
Mississippi is resisting the trend to install more red light cameras. There are only a handful of cameras actually in use in Mississippi, but the state wants to deal with the problem before the red-light cameras become widely used across the state, and cities become reliant on them for much-needed revenue. Columbus and Jackson, the only cities in Mississippi that are currently using the cameras, have until October 1 to uninstall the cameras.
The use of red-light cameras is still controversial. Even if the cameras function accurately, there are issues surrounding their deployment , including city officials' willingness to short-time yellow lights to catch more drivers, even though doing so actually reduces safety.
In other recent red-light camera news, a Chicago alderman said that the Windy City will entertain the idea of installing red-light cameras along the city's major intersections.
Source: ARS Technica
Wednesday, March 25, 2009
Notable Morning Stories ...
Justices Consider Campaign Finance Law
The New York Times
Facebook Preparing To Tweak Site Design
WSJ Digits Blog
China blocks YouTube
Guardian
AT&T first to test RIAA antipiracy plan
Cnet
AIG Executives Agree to Return Bonuses Due to State Pressures
Because of the mounting pressure from a bipartisan legion of state attorney generals, executives at at the insurance giant American International Group (AIG), a New York-based company, have agreed to return $50 million in bonus payments they received earlier this month.
As of late Monday, 15 of the top 20 bonus recipients agreed to return those payments to AIG. AIG has received billions of dollars in federal bailout funds to help keep the company solvent.
New York Attorney General, Andrew Cumo, said, "You have done what this country needs and demands. We are living in an era of corporate and individual responsibility. I thank you for setting an example for the rest of the country."
On Monday, Cuomo said that the investigators from his office are "working our way down the list, " in hopes of recouping much of the $800 million in bonuses paid to the company's U.S. employees. The remaining $85 million in bonuses paid earlier this month went mainly to foreign AIG employees.
In all, 20 state attorney generals announced investigation on Friday into the bonuses paid by the AIG to its senior executives, including CEO, Edward Liddy. The officials are demanding names of bonus recipients and documents concerning the bonuses.
Cuomo said that he did not intend to release the names of the people who agreed to return their bonus payments. "My intention today is is a person returns the money, I don't believe there is a public interest in releasing the names," Cuomo said. "People who return the money, they would no longer be on our list."
Tuesday, March 24, 2009
Notable Morning Stories ....
Ukrainian opposition set to impeach President Yushchenko
RIA Novosti
China Daily Assails Prisoner Abuses
The New York Times
Detention of Aung San Suu Kyi in Burma illegal, says UN
Guardian
Two U.S. reporters moved to North Korean capital-paper
Reuters
Nine Death Row Inmates in Texas Lost Appeals Due to Late Attorneys
The federal (constitutional) writ of habeas corpus is the last chance for inmates to have errors reviewed. Nine death row inmates (six of whom have already been executed) lost have lost these appeals due to lawyers or judges who miscalculated/misunderstood the deadlines and "computer failures or human foible." Essentially, these attorneys waived the last constitutionally required review before Texas imposes the death sentence. Plus, recently, federal courts have overturned several capital cases in Texas.
One lawyer waited until the last moment to file the appeal and then blamed malfunctioning filing machines for his tardiness. Then, he did it again with another client. Both were executed in Texas.
James Marcus, of the University of Texas School of Law, says that this is the equivalent of "sleeping through the trial." The Texas Attorney General's Office continues have the cases dismissed.
Source: Houston Chronicle and ABA Journal
Burris Seeks $400K Legal Fund To Protect His Seat
Ronald Burris, President Obama's replacement in the U.S. Senate, wants to set up a legal defense fund to protect his seat. The fund would allow Burris to accept contributions from individuals of up to $10,000 each to cover his legal fees.
Burris expects to need up to $400,000 for ongoing ethics and perjury investigations surrounding his appointment to the Senate by impeached Illinois Governor Rod Blagojevich.
The Chicago Law Firm of Gonzalez, Saggio and Harlan has filed an application with the Senate Ethics Committee to allow Burris to establish a legal defense fund. An ethics committee typically takes 3-4 weeks to consider an application for a legal defense fund.
In addition to the Washington investigation, the Sangamon County State's Attorney in Springfield, Illinois is looking into statements Burris made before the Illinois House panel that voted to recommend Blagojevich face an impeachment trial in the Senate.
Source: UPI
Monday, March 23, 2009
Notable Morning Stores ....
Khodorkovsky to defend himself in new trial
RIA Novosti
What's the real cost of free music?
Cnet News
Call to scrap 'illegal databases'
BBC News
Yahoo Pipes: getting started with custom RSS feeds
Ars Technica
Fastcase Webinar for the Tennessee Bar Association, March 24th
Attention all members of the Tennessee Bar Association, register today to learn all about your member benefit along with some great how-tos, tips, and tricks for using Fastcase.
Click here to register for your webinar at 10am CDT on March 24th, 2009.
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Sunday, March 22, 2009
Fastcase Webinar for the State Bar of Wisconsin, March 23rd
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Click here to register for your webinar at 12 pm CDT on March 23rd, 2009.
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Thursday, March 19, 2009
New! Email Delivery on Fastcase
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Obama Urges All Legal Means To Trump AIG Bonuses; Lawmakers Look Into Tax Code
Obama told Treasury Secretary Timothy Geithner to take all legal measures to block hefty bonuses awarded to employees of AIG.
"The president told Secretary Geithner... to take every legal means that he has to push back against this, to figure out who put this in the contracts and when, and to make sure this doesn't happen again," said Austan Goolsbee, a member of Obama's Council of Economic Advisers.
AIG received close to $180 billion in bailout money and is is now 80 percent owned by the federal government. Breaking contracts, even for a firm mostly owned by the government, would have legal consequences that would echo throughout the banking and judicial systems for many years according to legal experts. Therefore, lawmakers are looking into different options to put a stop to the bonuses.
Finance Committee Chairman, Max Baucus, D-Mont., will release a proposal on AIG within the next 24 hours, and said that he was looking "very closely" at tax options to go after the bonuses, indicating that he may look into imposing an excise tax on the company.
Sen. Charles E. Grassley, R-Iowa, the panel's ranking member, said he would support Baucus' efforts. "I want to back you up on looking into that and doing what we can to make sure this doesn't happen in the future," Grassley said.
Source: Reuters and CQ Politics
Defendant in $12.6 Million Dollar Verdict Looking for a New Trial on Grounds of Twitter
Stoam Holdings, a building materials company in Fayetteville, AK, has appealed a $12.6 million dollar verdict rendered for mismanaging investor funds. The argument is that one of the jurors was biased. The evidence is in the Twitter history of Juror Johnathan Powell. See below.
Relevant Tweets:
Tweet: Well, i finally got called for jury duty. It is kinda exciting.
Tweet: Trying to learn about Jury duty for tomorrow, but all searches lead me to Suggestions for getting out of it, instead of rocking it.
Tweet: I guess I'm early. Two Angry Men just won't do.
Tweet: So Johnathan, what did you do today? Oh, nothing really. I just gave away TWELVE MILLION DOLLARS of somebody else's money.
Tweet: Oh, and nobody buy Stoam. It's bad mojo, and they'll probably cease to exist, now that their wallet is $12M lighter.
The defendant's attorney is arguing that "Juror Johnathan's public statements show us that he arrived at jury duty with the desire to get on the jury and 'rock' the jury. He researched this topic in advance. He arrived as a self described 'angry' man." According to LAW.COM, the motion for a new trial concludes that Powell was "predisposed toward giving a verdict that would impress his audience."
The plaintiffs have responded that the biased Tweets were time stamped after the verdict was announced.
We'll keep you updated
Source: Scientific American
Notable Morning Stories...
New Ethics Rules for Judges
- SClOTUS Blog
AIG CEO Receiving Death Threats Over Bonuses
- Forbes
Major League Soccer Introduces the "Fan Code of Conduct"
- MLSnet.com
Tuesday, March 17, 2009
Fastcase Webinar for NACBA, March 18th
Attention all NACBA members, register today to learn all about your member benefit along with some great how-tos, tips, and tricks for using Fastcase.
Click here to register for your webinar at 2pm EST on March 18th, 2009.
Should you have any questions, contact customer support from 8am- 8pm at 866-773-2782 or by emailing us at support@fastcase.com.
Nigerian Student To Serve 19 Years In Prison For Internet Scam
Lawal Adekunle Nurundeen, a Nigerian undergraduate student, has been sentenced to 19 years in prison for obtaining $47,000 from an Australian woman by convincing her over the Internet that he was a 57-year-old white male who was deeply in love with her.
Nurundeen met his victim on the Internet in 2007 and convinced her that he was a British widower named Benson Lawson. He further convinced her that he was an engineer working in Lagos and that his wife and only child had been killed in a car accident.
According to the Economic and Financial Crimes Commission (EFCC), the victim told the convict that she wanted a husband and that all the men that she had met always disappointed her. The woman then sent Nurudeen money for travel costs and medical treatment after he assured her that she had met her match.
Nurundeen , who is married with three children, spent the funds on two plots of land and a Honda Prelude car. Nigerian scam artists have a long history of extorting money via the Internet trough "419" scams, named after the clause that outlaws them in Nigeria's penal code. Many of these scam artists are never caught.
The EFCC said that Nurundeen was ordered to pay around $10,000 immediately and a further $250 a month to his victim until the full amount stolen was returned. She will also receive the proceeds of the sale of his land and his car.
Source: Yahoo News and Reuters
Smith Will Head NFL Players' Union
The NFL players' association named DeMaurice Smith as the executive director of the NFL Players Association . Between 1991 and 2000, he worked as an Assistant U.S. Attorney in D.C. and as counsel to deputy attorney general Eric Holder Jr. Smith is a partner at Patton Boggs - he chaired the government investigations and white collar practice group.
Source: The Blog of Legal Times
Monday, March 16, 2009
Notable Morning Stories ...
Modularity for Value Appropriation: Drawing the Boundaries of Intellectual Property
~ Harvard Business School - Working Knowledge
Europe’s Hedging on Inmates Clouds Guantánamo Plans
~ The New York Times
Ginsburg Hints at Vacancy 'Soon'
~ The Washington Post
Obama nominates Food and Drug chief
~ CNN
Thursday, March 12, 2009
Did Madoff Work Alone?
Prosecutors expect Madoff to plead guilty to the his notorious Ponzi scheme - and they are not going to give him a deal - he will probably spend the rest of his life in prison. Unless you count the embarrassment of a very public trial, Madoff does not appear to be gaining anything in giving up his right to a trial. There was no one working "above" him and his family has already been dragged into the proceedings.
While some think he might be "simply accepting the consequences" of his actions, others wonder if he's hiding more. The Financial Times writes that in pleading guilty without a deal, he is winning favor for others who "assisted" him and that he wins the ability to "clam up" when certain topics come up. According to Reuters, the scheme was just too complex for Madoff to have acted alone.
Prosecutors say that they are continuing to look through the finances for clues of other crimes by Madoff or his associates. New York Magazine and The Daily Beast both report that investigators are looking closely at at 20 people - members of Madoff's firm, principals in feeder funds, and accountants in London who may have laundered the money. The WSJ Law Blog also names Madoff aides who may have been involved and comments that even though prosecutors are investigating, new criminal charges may not be filed.
(Sources listed within the post).
Notable Morning Stories...
Wednesday, March 11, 2009
Fastcase Webinars for The Florida Bar (Earn Free CLE!)
Attention all members of The Florida Bar, come join us for one of our Fastcase overview webinars. You'll learn about your free benefit and earn 1 hour of CLER!
The Webinars cover the legal research market, research philosophy, Fastcase for solo practitioners and small firms as well as large firms, how to do searches, explanations of the advanced case law search screen and sorting tools, looking up citations, newspaper access, and help options.
The Webinars cover the legal research market, research philosophy, Fastcase for solo practitioners and small firms as well as large firms, how to do searches, explanations of the advanced case law search screen and sorting tools, looking up citations, newspaper access, and help options.
3/25 at 1pm EDT: https://www1.gotomeeting.com/register/324275090
April:
May:
June:
Fastcase, in partnership with The Florida Bar, offers this course for one hour general CLER credit. The course code will be e-mailed to participants for self-reporting within 24 hours of attendance.
To participate, PC-based attendees need to have Windows 2000, XP Home, XP Pro, 2003 Server, or Vista. Macintosh-based attendees need to have Mac OS® X 10.4 (Tiger) or a newer system.
For further questions, contact us at support @ fastcase [dot] com or at 1-866-773-2782.
Disbarment Recommended for Lawyer/Juror Who Switched His Vote (To go Back to Work)
The California Bar Court Review Department is recommending that attorney Francis T. Fahy be disbarred for switching his vote during deliberations so he could get back to his practice. The civil trial was a medical negligence case following an ophthalmologist's laser eye surgery. As deliberations went into the second week, Fahy reportedly promised other jurors he would change his vote from for the plaintiff to for the defendant so they could all go home.
San Francisco Superior Court Judge David Ballati questioned the jurors after the foreperson stated that some had changed their votes to end deliberations - Fahy told the judge that his vote was based completely on the evidence. At a hearing for a new trial, the plaintiff's attorney presented a signed document from Fahy admitting that he'd changed his vote just so he could go home. (Fahy admits that the signature is his, but does not admit to signing the document).
The State Bar Court writes: "The purposes of disciplinary proceedings are not to punish, but to protect the courts, the public and the legal profession from those members of the bar who are unwilling to discharge their duties ethically....Manifestly, looking at [Fahy's] prior and current proceedings, he has demonstrated that clients, courts and the legal profession are at risk of future harm should be allowed to continue to practice."
Click here to read the board's decision.
Fahy has filed a federal civil rights suit against the California Supreme Court.
Source: ABA Journal and Metropolitan News Enterprise
Tuesday, March 10, 2009
Three Ways A Lawyer Can Use Social Networking Sites
Social networking sites are for everyone - especially lawyers. Here are three ways you can use social networking can enhance your practice:
1. Use these sites to communicate and stay connected with clients and potential clients. Join LinkedIn and find search for your undergraduate/law school classmates, colleagues, and friends. "You want your prospective clients to be your friends, and you want your friends to be your clients or prospective clients," says Tasneem Goodman, the 33-year-old partner and director of marketing at Katten Muchin Rosenman.
2. Build your career. Law students are using LinkedIn (and even Facebook) to look for jobs. Seasoned attorneys use social networking sites to compare salaries, benefits, and working conditions.
3. Find evidence. This might be a stretch - however, the Chicago Lawyer reports that one defense attorney found photos on MySpace contradicting the plaintiff's claim that he was a thrifty "family man."
Source: Chicago Lawyer and Legal Blog Watch
Monday, March 9, 2009
Indictment of al-Bashir Sets a Legal Precedent
President Omar al-Bashir of Sudan's trial will create a set of evidentiary, legal and political precedents. On March 4, al-Bashir became the first sitting head of state to be indicted for war crimes and crimes against humanity by the International Criminal Court (ICC).
The ICC prosecutor, Luis Moreno-Ocampo, has presented a very strong case against al-Bashir. The indictment charges him with murder, rape, attacking civilians, torture, and pillage.
The United Nations Security Council orchestrated the referral of the crimes in Darfur to the ICC, but many diplomats are still confused over how al-Bashir can be arrested. The practicalities of his arrest will be aided by political factors that have been building against him. Al-Bashir has become a liability to the top power brokers of northern Sudan. Their oil revenue has been decimated by the collapse in oil prices, and their livestock and agriculture export fortunes are also collapsing as Middle Eastern demand for Sudanese exports dries up.
The Islamic Educational, Scientific and Cultural Organization (ISESCO) strongly rejected the decision of the ICC's arrest warrant for al-Bashir as "flawed and unfair." ISESCO said on its website that the ICC decision will obstruct the international efforts made to reach a settlement to the Darfur crisis and establish lasting peace and security in Sedan.
The United Nations estimates that 300,000 people have been killed in the conflict in western Sudan's Darfur region, and 2.5 million people have been forced to flee their homes. Shortly after the indictment came down, al-Bashir announced that all aid groups must leave the country.
Source: San Francisco Chronicle and Chinaview
Fastcase Webinar for the Tennessee Bar Association, March 10th
Attention all members of the Tennessee Bar Association, register today to learn all about your member benefit along with some great how-tos, tips, and tricks for using Fastcase.
Click here to register for you webinar at 12pm CDT on March 10th, 2009.
By attending our quick and informative webinar covering a wide range of legal research topics on the 10th you will earn one hour of CLE credit. Don't miss out!
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Friday, March 6, 2009
Fastcase is on Twitter!
People all over the world are using Twitter to exchange information and ideas via a short status message.
Now - you can follow the Fastcase Blog on Twitter.
We are at: http://twitter.com/fastcase
If you aren't Twittering yet, join now!
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Check Out Twitter's In Plain English Video Below:
Adventures in E-Discovery: Attorney Sanctions
According to Professor Marcus, special reporter to the committee responsible for producing the 2006 E-discovery amendments to the Federal Rules of Civil Procedure, "there could be new pressures on outside counsel" due to a recent ruling in the case of Qualcomm v. Broadcom. where retained counsel was sanctioned for failing to monitor client's E-discovery.
In the past, judges have punished parties for discovery misconduct. However, here, the court cited Federal Rule of Civil Procedure 26(g) which states that in signing discovery filings, attorneys are certifying that they have made reasonable inquiry into the accuracy and motivation behind discovery. The court also found that in Qualcomm, the attorney should have prevented the client from limiting its search into relevant emails.
Click here to read the entire short comment on this opinion in the Yale Law Journal's online "Pocket Part."
Click here to read our previous E-discovery post about preserving clients' websites when litigation commences.
Thursday, March 5, 2009
Wisconsin Bar President Diane Diel on Fastcase and Cool Tech
President of the Wisconsin Bar Diane Diel dishes about technology in her March column in the Wisconsin Lawyer Magazine, including a nice hat tip to Fastcase:
The State Bar has given all its members a gift of technology this year in making Fastcase, the online legal research service, available to members at no charge. Online legal research is not new, but it is a marvel in general, and when “free,” it is nothing short of a miracle. Wisconsin lawyers can save a considerable amount of time and money with Fastcase.
The Wisconsin Bar is one of the most tech-savvy in the country, with real leaders in the bar association, practice management, and bar book publishing markets. And of course, we're proud to be their partners in making access to the law free to their members.
Supreme Court Rules Against Legal Shield on Drug Labeling
With a 6-to-3 majority, the Supreme Court ruled on Wednesday that juries may award damages for harm from unsafe drugs, even when the manufacturers have satisfied federal regulations.
The Court in Wyeth v. Levine held that the labeling approval by the FDA does not preempt state laws or shield companies from legal damages as part of liabilty claims. Therefore, Wednesday's decision is considered a major setback for major business groups that had hoped to build a barrier against injury lawsuits seeking billions of dollars. Pharmaceutical companies were especially disappointed by the decision.
In Wyeth v. Levine, the Court upheld a jury verdict of $6.7 million in favor of a musician from Vermont whose arm had to be amputated after she was injected with an anti-nausea drug. The manufacturer, Wyeth, argued that its compliance with the Food and Drug Administration's labeling requirements should immunize it from lawsuits.
In the majority, Justice Stevens was joined by Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg, and Steven G. Breyer. Justice Clarence Thomas voted with the majority, but did not adopt Justice Stevens's reasoning.
Justice Stevens noted that Congress could have required pre-emption in the case, but it had not. He added, "Evidently it determined that widely available state rights of action provided appropriate relief for injured customers."
Justice Samuel A. Alito wrote for the dissenters, stating that the court is turning ordinary injury suits into a "frontal assault on the F.D.A.'s regulatory regime from drug labeling." Chief Justice John G. Roberts and Justice Antonin Scalia, joined Justice Alito in the dissent. Alito wrote that the juries see only the "tragic accident" before them and "are ill-equipped to perform F.D.A's cost-benefit-balancing functions. The agency, by contrast, Alito continued, "has the benefit of the long view" and conveys its warning with one voice."
Drug companies had hoped that the Vermont case would establish broader protections. They relied on what might be implied from federal regulatory standards and policies -- in this case, the drug agency's authority to approve drug labels.
The Supreme Court has been sympathetic to in recent years to arguments that federal law should pre-empt state injury suits. Last year, in Riegel v. Medtronic, an eight-justice majority of the court ruled that many state suits concerning injuries caused by medical devices were barred by the express language in a federal law. Wednesday's decision addressed implied pre-emption, a different legal standard.
The ruling may have significant implications beyond drug manufacturing, as many companies have sought tighter federal regulations in recent years to shield themselves from litigation.
Producers of diverse goods, such as antifreeze, fireworks, popcorn, cigarettes and light bulbs have all sought to shield themselves from litigation behind federal oversight. After Wednesday's decision, those efforts are most likely to succeed if they are based on express language in a Congressional statute, or a specific regulatory action that makes compliance with state requirements impossible.
Legal Experts Stand Behind Screening of Embryos
A new report by Otago University's Human Genome Research Project finds that the law allows couples to to screen and select embryos based on their future risks of developing hereditary cancers and Alzheimer's disease.
The report also recommends extending the use of the technology to "susceptibility" testing screening for conditions that have only a low chance of occurring and would appear only later in life. The conditions include hereditary breast, ovarian, and bowel cancers, as well as neurogenerative diseases such as Alzheimer's.
The Human Assisted Reproductive Technology Act 2004 allows the use of pre-implantation genetic diagnosis (PDG) to test embryos for serious hereditary conditions, such as cystic fibrosis, and select or reject them depending on the results.
Principal investigator, Professor Mark Henagan, dean of Otago University's law faculty, said the regulations used the words "serious impairment," which he describes as a "pretty open term."
However, Henagan said that couples were likely to use it to screen for cancer risk if the family history was particularly bad, such as several women in the same family dying of breast cancer.
According to Henagan, allowing people to make choices about their family's health was quite different to making embryo screening compulsory.
The report says the practice is unlikely to be widespread here because it requires the use of in-vitro fertilization and resulting pregnancy rates are not high.
Use of PDG to assess the risk of some cancers has recently been allowed in other countries, including Australia and Britain.
Source: Stuff.co.nz
Wednesday, March 4, 2009
Sandra Day O'Connor on the Daily Show
Justice O'Connor appeared on the Daily Show last night. She talked about her courts education program, ourcourts.org, which is a resource for parents, teachers, and students. Stewart joked also joked about her status as the longtime swing voter.
Watch clips from the show here.
Supreme Court Finally Grants Copyright Case
The Supreme Court finally granted review in Reed Elsevier v. Muchnik, a dispute over the long-negotiated settlement between freelance writers and database and news media publishers over copyright compensation for reproduction of their works.
The settlement followed the 2001 ruling in New York Times v. Tasini where the high court vindicated freelancers' right to compensation. Many class-action lawsuits followed, resulting in a settlement in 2005 that created a $18 million fund to be be distributed to freelancers.
A group of objecting authors challenged the settlement, and in 2007, the U.S. Court of Appeals for the 2nd Circuit voided the challenge on jurisdictional grounds. The appeals court stated that it did not have jurisdiction over assertions on copyright infringement for works that had not been registered with the copyright office. Because most freelance works are not formally copyrighted, the ruling dampened hopes of a settlement ever being reached.
However, the high court, in granting review, re-worded the question presented to encompass only whether 17 U.S.C. 411 (a) restricts "the subject matter jurisdiction of the federal courts over copyright infringement actions." The case will be argued in the fall.
Source: The Legal Times
Minnesota Senate Race: Coleman's Best Chance May Be to Re-Do the Election
Status of Coleman v. Franken
Yesterday, Coleman rested his case in Coleman v. Franken (read a previous Fastcase post about the Minnesota Senatorial race here). And, in a possible suggestion that the election should be "re-done," Coleman's attorney, Ben Ginsberg, said he doubted that the results of the election would ever be accurate. At the end of the day, another Coleman lawyer, James Langdon, said that the most appropriate response will be to set aside the November election (implying that a new election is necessary).
No Minnesota Provision for an Election Re-Do
While Minnesota does have a provision for a "coin toss" in the event of a tie, there is no guidance for handling a re-do. However, judges have "equitable powers" which, reportedly, could be construed as giving Minnesota judges the power to demand a new election.
Now What?
Click here to see a list of reasons why a re-do might be Coleman's best chance to win.
Now, we wait to see Franken's arguments. First, he must argue that the election was not unreliable while arguing that, like Coleman, some of his ballots weren't counted either. His lawyer, Marc Elias, said that more than 100 lawyers may be called to testify. March 3, seventeen of them testified in the morning. Yawn.
Source: MinnPost.com
Click here to view an updated post on the Coleman case for March 26, 2009.
Fastcase Webinar for the Illinois State Bar Association, March 5th
Attention all ISBA members, register today to learn all about your member benefit along with some great how-tos, tips, and tricks for using Fastcase.
Click here to register for your webinar at 12pm CST on March 5th, 2009.
By attending our quick and informative webinar covering a wide range of legal research topics on the 5th, you will earn .75 hours of MCLE credit including .75 hours of PMCLE credit. Don't miss out!
Should you have any questions, contact customer support from 8am- 8pm EST at 866-773-2782 or by emailing us at support@fastcase.com.
Tuesday, March 3, 2009
Welcome State Bar of Nevada!
As of March 1, 2009, Fastcase is a free member benefit for the State Bar of Nevada -- making Nevada and federal legal research free to all members. If you're a member of the State Bar of Nevada, simply visit www.nvbar.org and click the Fastcase logo. Then you can log in using your username and password for the site (they're very nice people -- if you've forgotten your password, they will remind you!).
In addition members can upgrade to the full *50-state* Fastcase Premium subscription for a flat rate of $195 per year (normally $995 per year) as a member of the State Bar of Nevada. That's an $800 per year savings, just for being a member!
Nevada is the 14th state to offer Fastcase for free to its members. Now almost 340,000 lawyers have access to Fastcase, and more are joining all the time. It's more important than ever to control overhead cost, and a free Fastcase member benefit is a great way to save money on research!
Log in today to get started, or check out Fastcase's online tutorials and Fastcase webinars in your office. Welcome to our friends in Nevada!
Ridiculous item of note: Why Did a Metrobus Driver Punch McGruff the Crime Dog?
Ridiculous item of note: Why Did a Metrobus Driver Punch McGruff the Crime Dog?
http://snipr.com/d0vjp
Fastcase Webinar for NACBA, March 4th
Attention all NACBA members, register today to learn all about your member benefit along with some great how-tos, tips, and tricks for using Fastcase.
Click here to register for your webinar at 1pm EST on March 4th, 2009.
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Attorney Profile: NY Prosecutor Morgenthau, 89, Will Not Seek Ninth Term
Robert M. Morgenthau announced Friday that he will be retiring. He told to reporters that it "took me a while...to realize I was getting older."
"What La Guardia was for mayors, Morgenthau has been for district attorneys," says Edward I. Koch (former NYC mayor). He served for more than fifty years as a federal and a city prosecutor. In 1961, JFK appointed him as federal prosecutor for the Southern District of New York. Morgenthau is quoted as saying that, "It is an deplorable fact that many businessmen tend to treat more sympathetically the banker guilty of tax fraud, the broker guilty of stock fraude or the accountant who certifies a false balance sheet than the poor man guilty of auto theft or hijacking of a truck." Accordingly, he recruited smart, young lawyers to investigate tax evasion and complex securities matters.
Then, in 1969, the Nixon Administation informed him he must step down or be fired. In 1974, he became the DA for New York. His office prosecuted the famous Bernie Goetz case (the man who shot three teenagers on the subway when they attempted to rob him - Morgenthau and his office failed to pursuade a grand jury to indict). He also greatly increased diversity in the DA's office.
The USA Today reports that the first DA on Law and Order was based on Mr. Morgenthau.
Source: NY Times
Monday, March 2, 2009
Milutinovic Acquited of War Crimes
The United Nations war crimes tribunal has found Milan Milutinovic not guilty of any war crimes and crimes against humanity during the Kosovo conflict of the 1990s.
However, five other high ranking Serb officials were sentenced up to 22 years in prison. Nikola Sainovic, Dragoljub Ojdanic, Nebojsa Pavkovic, Vladminir Lazarevic and Stretan Lukic were found guilty on all or some of the same charges.
Prosecutors sought up to life in prison for all six officials, accusing them of working with the former Yugoslav president, Slobodan Milosevic, to maintain Serb control over Kosovo by forcibly deporting thousands of ethic Albanians.
The court ruled that Milutinovic did not have "direct, individual control" over the army and that in practice, former Yugoslav president, Slobodan Milosevic "exercised actual command authority" over the army during the NATO campaign.
The case was the first trial completed by the Hague tribunal involving atrocities by Serbian forces as they battled ethnic Albanian separatists for control of Kosovo, a former Serbian province that declared independence a year ago. A NATO bombing campaign over Serbia forced a halt on the operation.
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