Admittedly, I did not think I would ever read a decision in which supreme court justices discussed drinking games, let alone “beer pong.” (more…)

Attorneys’ fees drive too much litigation. Under the American Rule, attorneys’ fees are not awarded unless (a) there is a statute that says they should be awarded, (b) a contractual provision provides for such an award, or (c) a common law rule affords such a recovery. (more…)

Here’s my point: stop turning every bad business decision into a conspiracy claim. Enough is enough. Based on an anecdotal review of recent civil actions, it is as if the mafia is threatening to break an arm on every business transaction. Simply stated, contracts may be breached, but (more…)

Here’s the deal. You may own a trademark. A trademark is simply an adjective describing your good or service. Trademarks are designed to assist the consumer avoid confusion as to the source of the goods. For example, if I started a fast-food restaurant and (more…)

Victoria’s Secret seems poised to take the “sex” out of “sexy” with its crusade against a small retail store in Kentucky, “Victor’s Little Secret,” that sells sexually oriented merchandise.  (more…)

I apologize to my devoted readers as I have been afflicted by World Cup fever over the past few weeks. But let not your hearts be troubled as I am expected to make a full recovery after the USA’s dramatic win today over Algeria. In between matches, I have been scouring a great number of pivotal and interesting decisions from across the country addressing trademark dilution (the return of Victoria’s Secret), Internet jurisdiction, and the waiver of attorney-client privilege to name a few. If you have any comments or ideas, please let me know. And go USA!

How institutions select lawyers is not a secret; relationships and reputations play a big role.  An interesting article in the March 2010 issue of Claims magazine by Domenick DiCicco offers another truism: (more…)

When my sister called me not too long ago, she was trying to rent an apartment to a purported English national (let’s call him Chip) through an online service. Being the good chap that he was, Chip wanted (more…)

As the Spring Meeting of the Virginia Association of Defense Attorneys concluded today, I effectively handed over to Kelly Lippincott the proverbial gavel (more…)

From the “Adult Gigs” Section of Craigslist:

“Loop law firm looking to hire am [sic] energetic woman for their open secretary/legal assistant position. Duties will include general secretarial work, some paralegal work and (more…)