THE INFORMATION CONTAINED IN THIS POST DESCRIBES LEGAL MATTERS HANDLED IN THE PAST BY OUR ATTORNEYS. OF COURSE, THE RESULTS WE HAVE ACHIEVED DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. BECAUSE EACH MATTER IS DIFFERENT, OUR PAST RESULTS CANNOT PREDICT OR GUARANTEE A SIMILAR RESULT IN THE FUTURE. My colleague, Mikhael Charnoff, [...]

From the title of the blog, I should probably amend it to ask whether a lawyer “may” blog as opposed to “can” blog.  I jest because I find that application of the rules governing lawyer advertising seem designed for fifth graders and zombies with a pulse (obligatory Halloween reference). It would be remiss if I did [...]

Looking forward to participating in the Virginia Bar Association’s Fall Career Panel and Intellectual Property CLE Presentation at William & Mary School of Law on November 10, 2011. For the first half, I am a speaker on a Career Panel geared to law students. In the second half, I am moderating a panel on “P.R.O.T.E.C.T. [...]

Given the nationalization (and globalization) of various elements of our society over the past sixty years (e.g., WalMart, network television, interstate highways, Hollywood), the legal profession stands in stark contrast. While, to many, the crossing of a state border is an artificial construct, states have maintained a hold on the practice of lawyers, regulating anyone, [...]

A former first year law associate filed a fourteen count complaint against his former firm seeking $77 million.  Some thoughts.  In the law suit, the associate claims that: “[The firm] had told [him] it eschews artificial hierarchical structure, then refused [him] an assignment because it would be ‘unfair to the other associates.’ It told [him] [...]

Imagine this.  You sue a company and the judge holds a bench trial in November of 1999, and takes the matter under advisement.  The judge issues a ruling ten years and eleven months after the initial trial.  Who said justice delayed, is justice denied?  Believe it or not, this is a real story.  Apparently, the [...]

So, you are in class and take notes from the professor’s lecture. A classmate misses class and asks you to share your notes and you do. Problem? What if you posted your notes online? Or, better yet, what if you embraced our entrepreneurial spirit and posted your notes online and charged a fee for someone [...]

The intersection of legal ethics and technology has been an interest of mine since Al Gore “invented the Internet.” Earlier this year, I was interviewed for an article for the American Bar Association on the topic, “Technology and Ethics: Online Marketing and Networking,” which was recently published, and welcome your thoughts and comments.

Here’s the situation: a witness is heavily involved in social media such that she will “friend” anyone that asks. Some have wondered whether an attorney or her assistant could use their real identity and gain access to, for example, a FaceBook site after the account holder accepts

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.