Scalia for the Majority: FCC "Dirty Words" Ban Not "Arbitrary and Capricious"

In a 5-4 decision, the Supreme Court ruled that the ban on using "bad words" is not "arbitrary and capricious" as a matter of law.  However, it left open the question as to whether the ban could violate the First Amendment in certain situations.   That issue was kicked back to the Second Circuit.

Federal law prohibits the broadcasting of "any...indecent...language" (18 U.S.C. sec. 1464).  In 2004, the FCC declared for the first time that use of the "F-Word" or the "S-Word "(Scalia used the euphemisms in his opinion and we use them here) could be actionably indecent.  Broadcasters say this rule goes too far.

Writing for the majority, Justice Scalia wrote that that Supreme Court is "one of final review" and the Court would not "rush to judgment without a lower court opinion."  In her dissent, Justice Ginsburg wrote that "there is no way to hide the long shadow the First Amendment casts over what the Commission has done.  Today's decision has done nothing to diminish that shadow."

Read the opinion here.

Click here to read our November 3 posting about the oral argument on this case.

Source: SCOTUS Blog

Whistleblower to Collect $45 Million Under False Claims Act

Whistle Blowers Under the False Claims Act
The False Claims Act allows people who are not affiliated with the government to file actions against federal contractors claiming fraud against the government.  Most of these cases involve a corporation overcharging the U.S. government for goods or services.  Whistleblowers are entitled to 15-25% of in return for contribution to the investigation (per the Act's qui tam* provision).

California Businessman/Biochemist Sues Quest Diagnostics
Quest Diagnostics supplied the Medicare with PTH test kits to aid doctors in determining treatment for dialysis patients.  Thomas Cantor conducted research at his own cost and, beginning in 2000, attempted to warn the medical community and the federal government that the test kits were faulty.  He found that the tests were inaccurate and resulting in painful overdoses of Vitamin D supplements.  He also learned that more than 2000 patients had unnecessary operations due to the inaccurate results.  Finally, in 2004, Cantor found an article on the Internet alerting him that he could sue Quest Diagnostics under the False Claims Act because the company had defrauded the U.S. governemnt.  He filed a complaint.

The Settlement and the Whistleblower Cut
The settlement was one of the largest recoveries involving a medical devise.  Quest and its subsidiary, Nichols Institute Diagnostics, will pay $262 million plus interest to resolve civil charges.  Nichols will also pay a $40 million fine for criminal misbranding. 

Cantor will collect 18% of the $253 million qui tam settlement ($45 million).  He intends to use the entire reward to fund research into antibody therapies to treat drug-resistant infections, HIV, and hepititis.

Source: Am Law Litigation Daily

*Qui Tam is short for the latin phrase "He who brings a case on behalf of our lord the King, as well as for himself."

Firefox Beta 3.5 Released

Mozilla released beta 3.5 of its Firefox browser on Monday.  The upgrade should be faster and includes new features.  For example, the private browsing mode will allows users to browse the Internet without retaining any data about which sites you've visited or files you've downloaded. 

After Internet Explorer, Firefox is the Internet's most often used browser (two hundred million users).  There is no word yet on when the final version of Firefox 3.5 will be released.

Source: CNET News

Census 2010: Where Should We Count Inmates?

"Little Siberia" - Counting NYC Inmates Upstate
The next census will count everyone based on where they reside on April 1, 2010.  Then, states and counties use the census numbers to draw up the legislative districts.  Over the weekend, the Washington Post highlighted one district in upstate New York where 13,500 inmates reside in "Little Siberia" which is twelve state prisons and one federal prison.  The inmates may be counted as Upstate residents in the census.

Distorting the District or Accurately Allocating Tax Dollars?
Elizabeth O'C. Little, the State Senator from that district, says that the inmates are clear residents of the district and should be counted as such.  Without counting these prisoners, the district would need to be redrawn.

The Prison Policy Initiative studies the impact of counting inmates "where they are confined, not where they come from" and argues that this distorts districts and representation, especially because most inmates cannot vote.  It further argues that most inmates move back to where they came from when the sentence is up.

One solution would be counting prisoners at their last known address.  In New York, for example, this would allocate more representation (and tax dollars) for New York City.  Opponents of this solution respond that prisoners are using the district's infrastructure and should, therefore, be counted in the district.

Source: Washington Post

Use Google to Track the Swine Flu

Google's Flu Trends allows users to see how how the "Flu Activity" is in each state.  

It updates the site based on how many people Google flu related topics.  For more information on how it works, click here.

For the swine flu map, click here.

Also - click here for a Twitter Search an about people are saying about it.

Sources: Google.org and eWeek.com

Website Tracks the Stimulus Money in Real Time

Curious about where all that stimulus money is going?  Have a look at www.recovery.gov, a website dedicated to helping Americans trace their tax dollars in the recovering economy.  The site aims to operate in real time and hopes to eventually become a place where citizens can discuss how the money is spent.  "The numbers are numbers.  And whether people agree with us or don't agree with us, it's every taxpayer's dollar.  And if people want to criticize it, go for it," says Macon Phillips, the White House director of new media.

It's being called a new era in government because, for the first time, the web makes it possible to deconstruct spending at federal, state, and local levels.  City websites are popping up to serve similar a purpose.   Check out the New York City Stimulus Tracker here.

Taxpayers who want to weigh in aren't the only interested parties.  Business people who want a piece of the stimulus action are also using the website to look for potential opportunities.   Firms are setting up workshops to help businesses learn how to take advantage of stimulus money.  (Read an article about it here.)

As written by one commenter: Tracking the stimulus money in real time is a start.  Next, operational budgets, expense reports....

Source: NPR

2009 Law School Rankings

U.S. News and World Reports has released their listing for the top law schools of 2009. The top ten are listed below:

1.Yale

2. Harvard

3. Stanford

4. Columbia

5. NYU

6. Berkeley

6. (tie) Chicago

8. Penn

9. Michigan

10. Duke

10. (tie) Northwestern

10. (tie) UVA

For more rankings, visit the Wall Street Journal Law Blog.


Source: WSJ Law Blog

Fastcase Webinar for the State Bar of Wisconsin, April 23rd

Attention all State Bar of Wisconsin members, register today to learn all about your member benefit along with some great how-tos, tips, tricks for using Fastcase.

Click here to register for your webinar at 12pm CDT on April 23rd, 2009.

Should you have any questions, contact customer support from 8am- 8pm EST at 866-773-2782 or by emailing us at support@fastcase.com.

Webinars from Fastcase: Ask about CLE Credits for Your State

In Depth Electronic Legal Research - A Fastcase Webinar for Everyone!

(1 hour Free CLE for MO, IA, FL)

Tuesday, June 16, 2009 at 1:00pm Eastern
Thursday, July 9, 2009 at 1:00pm Eastern
Tuesday, August 11, 2009 at 1:00pm Eastern
Tuesday, September 22, 2009 at 1:00pm Eastern
Thursday, October 15, 2009 at 1:00pm Eastern
Wednesday, November 18, 2009 at 1:00pm Eastern
Wednesday, December 2, 2009 at 1:00pm Eastern

State Bar of Arizona
Thursday, June 11, 2009 at 12:00 Pacific
Thursday, June 25, 2009 at 12:00pm Pacific
Wednesday, July 15, 2009 at 12:00pm Pacific
Tuesday, July 28, 2009 at 12:00pm Pacific
Wednesday, August 5, 2009 at 12:00pm Pacific
Thursday, August 20, 2009 at 12:00pm Pacific
Tuesday, September 8, 2009 at 12:00pm Pacific
Thursday, September 24, 2009 at 12:00pm Pacific
Wednesday, October 7, 2009 at 12:00pm Pacific
Tuesday, October 20, 2009 at 12:00pm Pacific
Monday, November 2, 2009 at 12:00pm Mountain
Tuesday, November 17, 2009 at 12:00pm Mountain
Thursday, December 3, 2009 at 12:00pm Mountain
Monday, December 28, 2009 at 12:00pm Mountain

The Florida Bar

(Approved for 1 hour of Free CLE)

Illinois State Bar Association

(Earn .75 hours of MCLE including .75 hours of PMCLE for Free!)
Thursday, June 4, 2009 at 12:00pm Central

The Iowa State Bar Association
(Approved for 1 hour of Free CLE) 
Monday, May 18, 2009 at 12:00pm Eastern 

Maryland State Bar Association

(Approved for 1 hour of Free CLE)
Thursday, June 11, 2009 at 12:30pm Eastern
Thursday, June 25, 2009 at 1:00pm Eastern
Tuesday, July 7, 2009 at 1:00pm Eastern
Thursday, July 23, 2009 at 12:30pm Eastern
Thursday, August 6, 2009 at 1:00pm Eastern
Tuesday, August 18, 2009 at 12:30pm Eastern
Tuesday, September 1, 2009 at 1:00pm Eastern
Thursday, September 17, 2009 at 12:30pm Eastern
Tuesday, October 6, 2009 at 1:00pm Eastern
Thursday, October 22, 2009 at 12:30pm Eastern
Thursday, November 3, 2009 at 1:00pm Eastern
Thursday, November 19, 2009 at 12:30pm Eastern
Tuesday, December 1, 2009 at 1:00pm Eastern
Thursday, December 10, 2009 at 12:30pm Eastern

Missouri Bar

(Approved for 1.2 hours of Free CLE)
Wednesday, June 10, 2009 at 1:00pm Central
Wednesday, July 8, 2009 at 12:00pm Central
Wednesday, August 12, 2009 at 12:00pm Central
Wednesday, September 16, 2009 at 12:00pm Central
Friday, October 9, 2009 at 12:00pm Central
Friday, November 13, 2009 at 12:00pm Central
Wednesday, December 9, 2009 at 12:00pm Central

State Bar of Nevada

(Approved for 1 hour of Free CLE)
Friday, June 19, 2009 at 12:00pm Pacific
Thursday, July 2, 2009 at 9:00am Pacific
Wednesday, July 22, 2009 at 9:00am Pacific
Monday August 4, 2009 at 9:00am Pacific
Monday, August 17, 2009 at 9:00am Pacific
Friday, September 11, 2009 at 12:00pm Pacific
Wednesday, September 23, 2009 at 11:00am Pacific
Thursday, October 8, 2009 at 9am Pacific
Wednesday, October 21, 2009 at 10am Pacific
Thursday, November 5, 2009 at 1:00pm Pacific
Friday, November 20, 2009 at 9:00am Pacific
Wednesday, December 2, 2009 at 10am Pacific
Monday, December 14, 2009 at 1:00pm Pacific


Tennessee Bar Association

(Approved for 1 hour of Free CLE)

Thursday, June 18, 2009 at 12:00pm Central

Tuesday, July 21, 2009 at 12:00pm Central
Thursday, August 13, 2009 at 12:00pm Central
Tuesday, September 15, 2009 at 12:00pm Central
Wednesday, October 14, 2009 at 12:00pm Central

Monday, November 16, 2009 at 12:00pm Central

Tuesday, December 8, 2009 at 12:00pm Central

State Bar of Wisconsin

Wednesday, June 17, 2009 at 12:00pm Central
Tuesday, July 14, 2009 at 12:00pm Central
Wednesday, August 19, 2009 at 12:00pm Central
Monday, September 14, 2009 at 12:00pm Central
Tuesday, October 13, 2009 at 12:00pm Central
Wednesday, November 11, 2009 at 12:00pm Central
Wednesday, December 16, 2009 at 12:00pm Central

Fastcase Overview for The National Association of Consumer Bankruptcy Attorneys (NACBA)
Tuesday, June 23, 2009 at 1:00pm Eastern
Monday, July 20, 2009 at 2:00pm Eastern
Tuesday, August 25, 2009 at 12:00pm Eastern
Monday, September 21, 2009 at 3:00pm Eastern
Wednesday, October 21, 2009 at 4:00pm Eastern
Monday, November 23, 2009 at 10:30am Eastern
Monday, December 14, 2009 at 12:00pm Eastern

Fastcase Webinar for NACBA, April 21st

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 April 21st, 2009.

Should you have any questions, contact customer support from 8am- 8pm at 866-773-2782 or by emailing us at support@fastcase.com.

Captured Somali Pirate Will Face Trial in New York

Abduhl Wal-i-Musi, the Somali pirate captured in connection with holding Captain Richard Phillips hostage, will probably be tried in New York, sources report.  This decision is likely based on the New York FBI's previous success handling cases in Africa involving crimes against Americans.  No charges have been filed yet, and but he faces a potential life sentence.

The investigation into the assets Somali pirates have attained continues.  Secretary Clinton is looking for ways to work with officials in Africa to seize the assets.

Source: NPR

Microsoft To Pay Out $388M in Damages for Patent Infringement

Microsoft, the largest software business world-wide, lost a patent infringement case when an Australian inventor, Ric Richardson, successfully claimed that his anti-piracy software was used within Windows XP and office software.

The patent relates to Uniloc's software registration system that allows developers to try-before-you-buy versions of their products. Richards developed the technology after working as a sound equipment programmer. He found that many musicians often used pirated copies of extensive software as there was no way to try it out before purchasing it.

A jury in Rhode Island ruled that Microsoft had "willfully and intentionally" infringed on Richardson's patent when it launched programs using similar software for its Windows XP and Office Products in the late 1990s.

Richardson, founder of Uniloc,  was awarded the fifth highest damages award in U.S. patent history. Both companies must now wait for the judge's decision on the payout. The judge could triple the damages as the infringement was deemed willful.

Uniloc began its case against the software giant in 2003 arguing that Microsoft has made billions of dollars as a result of the infringement.

Microsoft fought back saying that it had developed its own technology. David Bowermaster, Microsoft spokesman, said: "We believe that we did not infringe, that the patent is invalid and that this award of damages is legally and functionally unsupported. We will ask the court to overturn the verdict." 

Source: ITPRO and Telegraph.co.uk

Notable Morning Stories ...

Lawyer of accused Mumbai terrorist dismissed as trial opens
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Amazon (UK) blocks Phorm adverts scan
BBC News

Where Will the Captured Somali Pirate Be Tried?

Under the U.S. Constitution (Article 1, Section 8, Clause 10) and longstanding international consensus, the U.S. has the power to prosecute the captured Somali pirate who held U.S. Captain Richard Phillips hostage for five days. For now, the young man is being held by the U.S. military and will likely be turned over to the FBI for transport to the United States.  Unnamed sources say it is most likely that he will sent to New York to face a federal magistrate.  Officially, however, the government is not commenting.

The FBI is collecting evidence and interviewing parties.  One large issue here is going to be the young Somali man's age.  Because of upheaval in Somalia (records are often burned), there may never be an official determination as to whether he is a juvenile or an adult.  Either way, he could be charged under an international trial and faces a potential sentence of life in prison.

Source: CNN

As a side note, click here to see how Julius Caesar defeated pirates.

Justice Ginsburg Defends Using Foreign Courts as Persuasive Authority

Justice Ginsburg is not shy about making her case in public speeches, and she did just that at an Ohio State symposium honoring her 15 years on the bench.  Ginsburg argued that the Supreme Court is losing its relevance in the international community in failing to use international law as persuasive authority.  She went on that the Canadian Supreme Court is probably cited more often than the U.S. Supreme Court because "you will not be listened to if you don't listen to others."

"Why shouldn't we look to the wisdom of a judge from abroad with at least as much ease as we would read a law review article from a professor," asks Justice Ruth Bader Ginsburg.  She went on, "I frankly don't understand all the brouhaha lately from Congress and even from some of my colleagues about referring to foreign law." 

At his confirmation hearing, Justice Roberts disagreed with Ginsburg's position.  "If we're relying on a decision from a German judge about what our Constitution means, no president accountable to the people appointed that judge and no Senate accountable to the people confirmed that judge...And yet he's playing a role in shaping the law that binds the people in this country."

Justice Scalia's dissent in Texas v. Johnson goes even further.  He calls the discussion of international law "meaningless" and "dangerous" because the opinion's author (Justice Stevens) quoted only international law that supported his position  and because the court "should not impose foreign moods, fads, or fashions on Americans."

In response, Ginsburg calls this opposition to considering foreign law a "passing phase."

(Note: Justice Ginsburg made these comments at the Moritz College of Law at OSU.  The Washington Post reports that she made no mention of retiring from the bench.)

Source: ABA Journal

Obama's Focus on Immigration Reform to Start Later This Year

President Obama hopes to launch an effort to overhaul US immigration policy this year. However, the economic crisis is likely to push the process beyond 2009, the White House said Thursday.

Obama aims to draft legislation allowing illegal immigrants to become citizens as part of a major immigration policy revamp.

Spokesman Robert Gibbs said that "legislation could come at some point" and underlined that "the president is focused on starting this process this year, as he said in his campaign."

Gibbs avoided questions on giving undocumented immigrants a path to citizenship, but said "the president believes that there's only one way to solve this problem, and that is through comprehensive immigration reform."

Obama's campaign pledges include vows to step up border security, and requirements that undocumented immigrants enter the process behind legal immigrants, and that they learn English and pay a fine.

Over the summer, Obama "will convene working groups, including lawmakers from both parties and a range of immigration groups, to begin discussing possible legislation for as early as this fall, "according to a report by the New York Times. "The legislation  would seek to prevent future illegal immigration by straightening border enforcement and cracking down on employers who hire illegal immigrants, while creating a national system for verifying the legal immigration status of new workers."

US Officials said that "the Obama administration favors legislation that would bring illegal immigrants into the legal system by recognizing that they violated the law, and imposing fines and other penalties to fit the offense.

As a US senator from Illinois, in 2007 Obama voted in favor of immigration reform and made it one of his top campaign issues, winning the key support of 66 percent of some 10 million registered Hispanic voters on election day. A majority of new US immigrants are Hispanics from neighboring Mexico and from Central and South America.

Source: Google news and CNN

Notable Morning Stories...

President Iloilo revokes constitution, takes over power
France24

Nevada lawmakers rebuff prostitution tax
Reuters

Bluetooth 3.0 Almost Ready
Information Week

We Still Need a Simpler Tax Code
The Wall Street Journal

FCC Crafting Nationwide Broadband Plan

The Federal Communications Commission started work on a plan to deploy broadband to all citizens. While the FCC is soliciting feedback to determine what polices should be included in the roadmap, the overall goals of making it avaible to the entire nation, enhancing the quality of service and lowering the overall cost are the tentpoles of this iniaitive. Funding for this plan would be provided paritially by the $7.2 billion dollars earmarked in the stimulus bill passed by congress.

At Fastcase, we can barely recall the days when we were forced to use dial up internet access. What do you think of this FCC iniaitive? Leave your feedback in the comments!

Source: The Washington Post

Notable Morning Stories...

French lawmakers reject Internet piracy bill
The Associated Press

Facebook your boss and earn an extra £365 per month?
BBC News

U.S. journalist detained in Iran to seek bail
CNN

D.C. Area Law Firm Sues Over Outsourced Legal Work, Alleges Privilege Issue
ABA Journal

CAN-SPAM Act May Be Extended to Include Text Message Spam ("Mobile Spam")

Senators Olympia Snowe (R-Maine) and Bill Nelson (D-Florida) introduced the m-SPAM Act which will update the CAN-SPAM law to include text message spam.  If it passes, marketers will be explicitly barred from sending text messages to any mobile number on the national Do-Not-Call Registry maintained by the FTC.

The lawmakers cite the possibility that mobile spam could spread viruses and the way this spam affects monthly cellphone bills.  According to Snowe, mobile users received 11.1 million spam messages in 2007 (up 38% from the previous year).

Source: The Consumerist

Tips for Becoming a Highly Effective Law Partner

In today's world, it is hard to become a law firm equity partner. According to the AM Law 200, 85 percent of the highest-grossing firms in the United States have established a non-equity tier.

From the start, many highly-profitable New York and Washington, D.C.-based firms have always been highly selective about entry into partnership. Additionally, it does not help that the standards for equity partnership have been raised across the profession. This new trend no longer guarantees that partners will be partners for life.

With the present situation in mind, some clarity is helpful regarding what is expected of a law firm equity partner. When the money gets tighter and internal scrutiny increases, all players -even longtime veterans - may be forced to compete for their spots.

Here are some key behaviors that firms need their equity partners to to demonstrate each year: 

1. Do Excellent Work -  Doing excellent work is a given in the clients' eyes, and an expectation of every lawyer in every firm. It is reasonable to assume that many partners do consistently good work, or they wouldn't have gotten this far. A good way to improve your work is to solicit direct feedback from clients regarding how they define "quality" or "service excellence." Let them tell you what is important to them and in what order of priority. How do they define "responsiveness?" What is "effective staffing?" What are they talking about when they talk about "cost" and "value" and "results?" How do they want to be billed and how often? Then, do what they say. Excellent client work is measurable and should be monitored regularly in a systematic way.
   
2. Pay for yourself - Every partner should generate working attorney fee receipts that cover their compensation (salary and benefits), plus share of overhead on an annual basis.The exceptions to this rule include the aging founding partner whose name is synonymous with the firm and who still brings in business despite fewer billable hours, and a lawyer who clearly adds substantial value to the firm in other ways. 
3. Pay for someone else - Partners must add value to the firm in addition to their own attorney receipts. A partner who merely covers his own cost has not contributed lasting value to the firm and has not increased his partners' economic return. 
4. Cross-Sell - A partner should proactively look for opportunities to refer business to other partners and should assist others when asked to help develop client relationships. The focus must be on developing business for the firm, in addition to one's personal practice. For a lawyer to be able to effectively cross-sell his partners, he has to know what his or her partners can do. It is important that partners share information on their capabilities and successes with one another - formally at partnership meetings and via internal communications, such as e-mail and newsletters, and informally through everyday office chat.
5. Develop Associates and Staff - Partners should actively teach and train their less-experienced colleagues as an investment in the professional capability and longevity of the firm. This can be achieved through means of formal or informal mentoring, internal seminars, training programs, taking associates along to client meetings, sales calls, etc. The effective transfer of skills should be internal and systematic. Firms that are known for their ability to successfully involve and develop associates will enjoy greater confidence from their clients, greater options regarding how to staff members and a competitive advantage over other firms.
6. Play Nice - Most firms have a well-understood code of conduct, or set of values that govern behavior in a firm. For example, people are expected to work hard, be honest and treat each other with respect. They should behave in a collaborative, cooperative and team-oriented manner. They should comply with firm policies and procedures. The more visible one is, in terms of their financial contribution, the more important it is that they set the right example by adhering to reasonable management policies that make the firm go, and not by complaining about such things.
7. Help Manage the Firm - Each partner should be willing to do their part to contribute to the effective management of the firm and, at the very least, should not keep others from doing so. Also, all partners must effectively manage client relationships and manage the work.
8. Represent the Firm in the Community - If a partner is successfully bringing in business for himself and others, s/he is probably already representing the firm in the community. But, there is always room to improve the partner's visibility in the community. By teaching, writing, speaking and being quoted in the press, the partner's visibility is highlighted more. Firm leadership should determine policy and make individual decisions on whether certain types of activities further the business objectives of the firm.  Decisions should be made strategically and should be coordinated to advance firm and practice goals.

To conclude, equity partners enjoy benefits of ownership in which other lawyers in the firm do not share. In exchange, they make contributions to the firm over and above what is expected of their non-equity colleagues. Membership in the ownership group should be reasonably fluid to include and exclude lawyers based on their recent and projected levels of contribution and commitment. 

To avoid over/under-contributing, law firms should define obligations of partnership, in measurable terms whenever possible, and enforce those standards strongly and firmly.

Source: Law.com

Notable Morning Stories ...

Cyberspies penetrate electrical grid: report
Reuters

Liberal imam wins libel claim against Muslim newspaper
Times Online 

Battle of the multi-column Twitter clients .... Follow Fastcase on Twitter!
Cnet

Tens of Thousands Demonstrate in Bangkok
The New York Times

Peru's Fujimori Convicted Of Human Rights Violations

In a ruling that is sure to have far-reaching political implications in Peru, Former Peruvian President Alberto Fujimori was convicted of human rights crimes on Tuesday. This was the first time a democratically elected Latin American president was found guilty in his own country of human rights abuses.

A three-judge panel convicted him for ordering a military death squad to carry out two massacres that killed 25 people during the 1990-2000 rule, when he was battling guerrillas. Nearly 70,000 people died in two decades of conflict in the Andean country.

Fujimori, 70, could spend the rest of his life in prison if he receives a lengthy sentence. 

"This court declares that the four charges against him were proven beyond all reasonable doubt, " Judge Cesar San Martin said.

Once hailed as a national hero, Fujimori's popularity peaked when he defeated the brutal Shining Path guerrillas, tamed economic chaos, and freed dozens of hostages taken by the Tupac Amary insurgency during a siege of the Japanese ambassador's house in Lima.

A corruption scandal involving his spy chief, Vladimiro Montesinos, sank his government in 2000. Fujimori fled to exile in Japan, where his parents were born. He was later arrested in Chile and extradited to Peru.

Current President Alan Garcia  has also been publicly accused of accusations that he violated rights during his first term in the 1980s. Pressure to put him on trial may gain force following the Fujimori verdict.

"With this ruling ... the Peruvian court has shown the world that even former heads of state cannot expect to get away with serious crimes," said Maria McFarland of Human Rights Watch.

A third of Peruvians still support Fujimori.

Source: Reuters

Excluding Voluntary Confessions: Corley v. United States

In this case, the defendant was convicted of robbing a bank and was questioned by the FBI for two days (29.5 hours) before officials brought him before a magistrate - and he'd signed a written confession. 
The Supreme Court ruled Monday that even where a confession is voluntary, it may not be used in federal court if the defendant was held more than six hourse before confessing.   The 5-4 decision stems from a rule stating that a suspect must appear before a magistrate as soon as possible. 

As a result, for a voluntary confession to be valid, the defendant must appear before a magistrate within six hours.  Writing for the majority, Justice Souter stated that "we have always known what custodial secrecy leads to," and that without this ruling "federal agents would be free to question suspects for extended periods before bringing them out in the open."

Source: SCOTUSBlog

Fastcase: Bigger than Blago in Illinois (not bigger than Bulls or Cubbies)

Fastcase, which is free to members of the Illinois State Bar Association, is gaining popularity in the Land of Lincoln. The cover story in today's Illinois Bar Journal says it all:

Whether you make it your primary online research tool or use it to supplement Westlaw or Lexis, Fastcase can save you money if you're an ISBA member. Lots of it.

So although it's not bigger than, say, the Bulls or the Cubs, or certain politicians from Illinois, it sounds like Fastcase has its admirers in the state:

"I'm a long-time Westlaw guy," [Huntley, Ill. solo practitioner T.J.] Thurston acknowledges up front. "For most of my years of private practice, and up until recently, I've had a Westlaw contract. But when I learned of the availability of Fastcase through ISBA, I figured I might as well get used to it. So, I went to the Fastcase training at the Solo/Small Firm Conference last September. Ever since then, I've used Fastcase almost exclusively."

The article by Helen Gunnarsson highlights Fastcase's visualization tools, including the patent-pending Interactive Timeline, which plots the search result on a 4D map, so users can see all of the results, and all of the data, on a single screen.

"Its graphic depiction of the cases that are most on point on the issue you're looking at is a really useful tool. Sometimes you have to weed through dozens of cases on Westlaw to find the seminal case. The interactive timeline is a tool that makes that a lot faster and quicker."

The article also includes a sidebar, which describes the rigorous process by which the Illinois State Bar Association evaluated different research options and ultimately selected Fastcase:

"You cannot believe the grilling we gave these people. Everyone on the committee went out and played with these things." . . . Fastcase, [Committee chair John Phipps of Champaign, Ill.] says, emerged as the clear winner on all points. "Fastcase was very user-friendly, had a good search engine, and its company representatives were very responsive to our questions and concerns."

We've seen a ton of usage from Illinois practitioners - and the usage is growing every month. More than 45 percent of active members of the ISBA have used Fastcase at least once, with more new users every day. We're excited to work with the ISBA to provide this great, free benefit for its members!

Fastcase Webinar for NACBA, April 8th

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 3pm on April 8th, 2009.

Should you have any questions, contact customer support from 8am- 8pm at 866-773-2782 or by emailing us at support@fastcase.com.

Notable Morning Stories ....

Protesters ‘take control’ of presidential offices
France 24

Twitter Roars Past 14 Million U.S. Users
Social Times

Join Fastcase on Twitter at www.twitter.com/fastcase

How Conflicts Escalate: Overreacting to Perceived Slights
Scientific American

Kadyrov says Chechens should take more than one wife
RIA Novosti

Keyword Advertising Takes a Hit

The 2nd U.S. Circuit Court of appeals has ruled that Google must face a trademark infringement lawsuit for selling keywords that trigger ads. The IP world has long anticipated the Google trademark decision because of mixed rulings on keyword cases.

The three-judge panel reversed a lower court's dismissal of Rescuecom v. Google, in which a computer-repair company Rescuecom claimed that Google users could be confused by the links to competitors' ads that appear alongside Google search results for the company's trademarked name.

In lower court, Google argued that use of Rescuecom's trademark was internal and not a "use in commerce," which constitutes trademark infringement. The lower court's dismissal of the suit was celebrated by Google and other search engines, for which keyword advertising is a lucrative business.

The appeals court ruled that "Google's recommendation and sale of Rescuecom's mark to its advertising customers are not internal uses," sending the case back to the trial court.

Eric Goldman, a professor of Santa Clara University School of law, said, "We are looking for definitive answers about the permissibility of keyword advertising -- it's a multi-billion-dollar- a-year industry. This says that Google may not be able to kick out trademark keyword cases with 12(b)6, motions, based on the use of commerce doctrine in the 2nd Circuit."

The 2nd Circuit decision does not offer all the answers about the legality of keyword advertising. Rescuecom and others will still have to prove their trademarks were infringed in the end. 

Every district court outside of the 2nd Circuit found that the purchasing of a competitor's keyword to trigger ads at least met the threshold question of starting a claim, said Ian Ballon, an Internet lawyer. "This is a significant effort at harmonizing the law."

Source: Law.com

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Read the Blago Indictment Here

Ex-Governor Rod Blagojevich, his brother Rob Blagojevich and four others are named in the 19-count indictment charging conspiracy to use the governor's office to enrich themselves.  Among the 16 felony counts against the ex-governor are racketeering conspiracy, wire fraud, extortion conspiracy, and lying to federal agents.

Click here to read the entire indictment.

Rethinking the Legal Profession: Blueprint in Progress

It's not a secret that the economic downturn is hitting the legal world like a blow torch. The Law Shucks Blog has a layoff tracker, and its readings are alarming. Furthermore, top firms are rapidly thinning their ranks, and several have closed.

Although the cries of the legal elite witness little sympathy, many hard-working lawyers have been blind-sided, including young associates who are finding themselves with six-figure loan debts and no source of income.

Historically, leading firms have avoided massive layoffs, concerned that their reputations would take a hit. However, that stigma seems to have faded since some leading firms are pushing out their colleagues.

These hard economic times may inspire law firm managers and bar associations to look for creative ways to deal with the hard times. Reducing pay for both partners and associates to save jobs is one way to set up a blueprint for dealing with a bad economy in the legal world.

The changes are likely to begin with compensation. A while ago, law firm starting salaries were not that different from government or public interest jobs, but the gap has widened in recent times. First-year salaries at top firms are around $160,000, compared to $48,000 to start for state and local prosecutors and $40,000 for legal service lawyers. With these statistics in light, it is not surprising that new associates often earn more than the judges they appear before.

The economy downturn will probably result in cutting down salaries at the high end. Top firms are already under pressure to lower the $160,000 starting salary; one industry-watcher says it could fall as low as $100,000. This practice is likely to become widespread as fewer firms can justify the need to pay top salary.

What will all this mean for the associates?  Lower pay means that the associates will not need to work grueling hours many have been forced to do. This will also mean less pressure to go into private practice for graduates who would rather do something else, but are drawn by the lure of high end salaries.

Clients would also be beneficiaries of high end salary cuts. Big firm clients, led by the Association of Corporate Counsel, were pushing to phase out the billable hour - which can go as high as $1,000 - long before the downturn.

The effect on law school students promises to be profound if this change takes place. For years, law school tuition rose along with big firm salaries. Between 1990 and 2003, the cost of private schools rose at nearly three times the rate of customer prices. The average graduate now leaves with more than $80,000 in debt. If the downturn is prolonged, law schools will need to keep tuition and other costs down so that students do not graduate with unmanageable debt. More schools may follow the lead of Northwestern, the first top tier law school, to offer a two-year program.

Law schools may also become more serious about changing their curriculum. They may find ways to make better use of their sometimes-aimless second and third years.

Lastly, the economic downturn may increase the pressure to prepare students for non-legal careers. Law students have always ended up in business, government, journalism, among other fields. Law schools may find the need to build these subjects into their coursework.

Although the past few decades of prosperity made a lot of lawyers wealthy, they were not always good for the profession. Now is the time for law school deans, bar association leaders and firm managers to take charge of the crisis and start planning for what comes next.

Source:  The New York Times

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New From Gmail: Autopilot

Tired of responding to all those emails in your inbox? Let Gmail do it for you! The latest feature to Gmail includes an autopilot functionality that replies for you. Check out the image below for an example of how it works:

For the full scoop, check out their FAQ site.


Source: Gmail

Google Provides Free Music Search in China

Google has launched an ad-based MP3 download service in China to combat easily accessible illegal downloads that have destroyed the online music industry.

Goggle's venture has the backing of 14 independent labels, and will compete with similar MP3 services, particularly with Baidu, a directory to music files whose results are heavily skewed in favor if unlicensed music.

In China, Google's search engine is not as popular as Baidu - In China, Baidu controls 62-77 percent of the market, while Google controls a modest 17-28 percent of the market.

Google partnered with  Top100.cn to secure license for more than 1.1 million songs from various record labels, including Warner, Sony, BGM, Universal, and EMI. The companies share advertising revenue with record labels. However, no financial details were disclosed.

International Federation of the Phonographic Industry (IFPI) said that over 99 percent of all music downloads in China are illegal. Additionally, IFPI states that approximately half of online music piracy is done by deep-linking music sites, compared to Europe and North America where P2P is the preferred platform for pirates.

Google's music download service will not be offered outside of China.

In 2005, Warner, Universal, Sony and EMI sued Baidu for alleged copyright violations and lost when the court ruled that although the company provides links to music files, there isn't any infringement by Baidu itself.

Another lawsuit was filed in 2008 by the IFPI on behalf of the music labels, claiming that Baidu provides "music listening, broadcasting and downloading services in various forms on its website without approval, and through unfettered privacy, earning huge advertising revenue on its huge numbers of hits."

Source: The Register

Supreme Court Passes on Chance to Consider VA Anti-Spam Law

The Supreme Court, without comment, rejected a chance to examine how far states can go to restrict unsolicited e-mails in efforts to block spammers from bombarding computer users.

The High Court has passed up a chance to examine Virginia's appeal to keep its Computer Crimes Act in place. The Act was one of the toughest laws of its kind in the nation. It banned both noncommercial and commerical spam e-mail to consumers in Virginia.

The justices' refusal to intervene also means that the conviction of the notorious commercial spammer Jeremy Jaynes will not be reinstated.

Jaynes' 2004 felony conviction was the first in the United States for sending bulk unsolicited electronic messages. He used several computers to send 24,000 spam e-mails in one day to America Online subscribers. According to court records, he used false header information and sender domain names. A search of his home in Raleigh, North Carolina yielded CDs with more than 176 million e-mail addresses and 1.3 billion e-mail user names, some of the stolen by a former AOL employee.

Jaynes was sentenced to nine years in prison, but the state high court eventually reversed the conviction. The state justices said the law was overbroad because some bulk e-mails might contain political, religious or other speech that has traditionally been given higher First Amendment protection that typical "commercial speech."

Despite the ruling, Jaynes remains behind bars for an unrelated federal securities fraud conviction.

Source: CNN