We live for the early days of fall, when the air is crisp and leaves are turning. Fall, however, is not for everyone. If you’re a patent lawyer who prefers warmth and sunshine, and you need CLE credit, we have great news. The International Performance Management Institute is hosting its Intellectual Property (IP) Law & Management Institute at the Rancho Las Palmas Resort and Spa in Palm Springs, Caifornia, November 6-8....
“It’s outrageous,” defense attorney Sherry Tash told the Kennebec Journal. “He is one of the people who’s supposed to protect the sanctity of the courtroom, and he goes and does this.” The “he” to whom Tash is referring is Sgt. Joel Eldridge of the Kennebec County Sheriff’s Office. And the “this” to which she is referring is a photo Eldridge snapped of Tash’s notes, which he then allegedly sent to Assistant District Attorney Francis Griffin while Griffin and Tash were conferring with a judge in chambers....
Trinity Western University is a Christian university in Canada. If their accreditation process is successful, they’ll soon have a law school as well. That may be a big “if” however, as lawyers and protestors are lining up to oppose the accreditation bid. Why the fuss? TWU requires its students to abstain from “sexual intimacy that violates the sacredness of marriage between a man and a woman,” and many are arguing that this pledge closes the doors (and the sixty law school seats) to homosexual applicants....
Sports video games a serious business. Millions of dollars go into the development and marketing of football, basketball and baseball games featuring realistic likenesses of sports heroes. After EA Sports put former UCLA and NBA veteran Ed O’Bannon’s image in hoops video games without his permission, O’Bannon sued, reports CBS Sports. So does EA Sports own Ed O’Bannon’s face in a UCLA uniform? Can the NCAA sell the right to O’Bannon’s face in that uniform?...
If you want to practice medicine, you typically need to spend four years in undergraduate school, four years in medical school, and then spend another four years in residency. Or, you can make up your credentials as a fake doctor in South Carolina allegedly did. It appears Ernest Addo could not be bothered with things like studying or knowing anything about medicine before he decided to work as a doctor....
Former NASCAR driver, Adam Hilton, filed a federal lawsuit last week as a result of his arrest, and the failed prosecution against him. The case stems from what he contends were clearly false allegations against him. In addition to suing the sheriff and a few deputies, Hilton has also named his stepdaughter’s biological father as a defendant, and as the mastermind of a criminal plot against him. The criminal charges brought against Hilton are every stepparent’s worst nightmare....
When it comes big beauty, there might not be any player bigger than L’Oreal. But after the recent Federal Circuit Court of Appeals decision against the goliath in favor of Olaplex, a new entrant into the hair product market, it could be poised to fell the giant (at least in the hair “bond-builders” market). Olaplex created and patented a new product designed to enhance the hair coloring process. According to Olaplex, other manufacturers of hair products have tried to categorize their product as a “bond-builder,” but as company founder and CEO Dean Christal claims, Olaplex is in a category all on its own and “could change the world by making women more confident with amazing damage free hair during and after chemical services....
A jury convicted Colorado state lobbyist Ronald Smith of second degree burglary and criminal mischief on Wednesday. Embroiled in a bitter divorce and custody battle, Smith was accused of harassing his ex-wife and threatening to ruin her life. Instead, he chose to ruin her home. The jury found him responsible for placing raw chicken into the home’s vents, pouring bleach on her grand piano, and scratching the floors with metal cleats....
The New York Times has released details of an investigation into whether two Florida State University football players were given preferential treatment by police after a hit-and-run accident this fall. On October 5, a starting cornerback for the FSU Seminoles, P.J. Williams, was driving with the team’s other cornerback, Ronald Darby, along with an unidentified passenger. At 2:37 a.m., Williams crashed into an oncoming vehicle driven by a teenager, totaling both vehicles....
Conviction of minor-defendant for second-degree murder is affirmed as People v. Burton, 6 Cal.3d 375 (1971), is no longer good law as the holding was based on the United States Constitution, and Burton’s special rule for minors is inconsistent with the high court’s subsequent decision in Fare v. Michael C., 442 U.S. 707 (1979), which requires courts to determine whether a defendant - minor or adult - has waived the Fifth Amendment privilege by inquiring into the totality of the circumstances surrounding the interrogation....
The tax man wants a cut of every pie, including the strip club pie. For years, the Nite Moves strip club in Albany, New York fought in court with state tax officials over the issue of sales tax for admission fees to the strip club. Last Friday, an Administrative Law Judge ruled that pole dances are tax exempt as art performances, but lap dances are not. The Legal Battle Under New York law, earnings from live dramatic or musical arts performances in a theater are exempt from New York State and local sales tax....
Grant of defendant’s motion to vacate a sister state judgment and denial of Arizona’s motion for reconsideration, arising from defendant’s incorporation of a company in Arizona at her husband’s request, is affirmed as the trial court did not abuse its discretion in finding that: 1) defendant had no notice of the Arizona administrative proceedings; 2) defendant did not retain the lawyer as her attorney; and 3) defendant never signed a written waiver of the lawyer’s conflict of interest in representing clients with opposing interests....
A long time ago, archeologists discovered a beautiful golden tablet buried in the sands of the ancient Assyrian Empire, now known to us as Iraq. After many delays and a small diversion to Portugal during WWI, the golden tablet made its way to a Berlin museum. The tablet did not rest there long, but was supposedly “liberated” by the occupying Russian army after the fall of Berlin at the end of WWII....
The debate on the necessity and relevance of law review articles is not a new one. But an article in The New York Times, has brought that issue front and center as debates now rage on in the Twitterverse (fyi search #LawReviews). I should be clear up front: I was on law review, was a notes editor and was published. That I’m a proponent of law reviews is no secret around here....
‘You’re fired!’ For many lawyers, that expression could be President Trump’s most quotable expression because he has fired so many attorneys in his short tenure. But whether you’ve been canned by a president, a partner, or a client, getting fired is not a death spiral to your career. It is a rebirth and a chance to get ahead and out of the rat race. 1. You’re Not a Rat The “rat race” describes that go-nowhere maze of life, where you are stuck in a job or lifestyle that is not really progressing....
A few years ago, something unexpected started happening across the country: undocumented immigrants started seeking admission to practice law in the U.S.. Surprisingly, this even occurred before the Deferred Action for Childhood Arrivals program was even passed. Although there is no federal prohibition on state bars admitting undocumented immigrants, recently, the ABA issued a statement in support of a congressional resolution to amend the current relevant code section to provide even stronger protections for undocumented immigrants seeking admission to a state bar....
“Axe Body Spray: It’s Not Just an Alternative to Taking a Shower Anymore” For anyone who has been exposed to fumigation-level amounts of “Axe Body Spray” and wondered how the product can be used for good instead of evil, keep crossing your fingers. But a growing trend among teens exposes a non-traditional (albeit slightly more lethal) use of the popular spray-on deodorant. Meet the “Axe Bomb”, a homemade pyrotechnic invention that uses cans of Axe, lighter fluid, and other combustible material to create a flamethrower or home-made pyrotechnics display....
Rasta Imposta, the makers of a generic banana costume, like the one made popular by the Peanut Butter Jelly Time flash video that took the internet by storm over a decade ago, has sued Kmart over their decision to sell a different generic banana costume. Rasta Imposta became a major player in the costume industry after creating the Rastafarian hat with attached dreadlocks. The lawsuit alleges that the competing generic banana costume infringes on the copyrights of Rasta Imposta, as well as forms the basis of unfair competition, trade dress infringement, and false advertising claims....
Tharp v. Tharp, F057696, concerned a challenge to the trial court’s order denying a wife’s request for attorney’s fees and costs incurred, and denying sanctions against the husband, in a marital dissolution proceeding. In reversing, the court held that the public policy purpose behind 2030 and 2032 is ’leveling the playing field’ and permitting the lower-earning spouse to pay counsel and experts to litigate the issues in the same manner as the spouse with higher earnings, and as such, attorney fees, financial experts, other experts, witness fees, and other costs are all awardable....
Ask any litigator: What’s the most annoying part of the case? Discovery. And more specifically, depositions. “Objection. Objection. Asked and answered. Objection. I need to speak with [coach] my client.” You get the point. It sucks. And we’re not the only ones who have noticed. A federal judge, fed up with the “state of discovery in modern federal civil litigation,” issued a sua sponte sanctions order against a BigLaw partner after reviewing the depositions in the case....
