Archive for the ‘Uncategorized’ Category

Bad Mother?

I came across an article today in which the children (who appear to have had a privileged upbringing) were suing their mother for “bad parenting.” Slights included calling a daughter at midnight to come home, failing to take a child to a car show, requiring that a child buckle up, not sending care packages while [...]

 

Innovation, Not Litigation

Companies can become overly aggressive in their efforts to obtain and enforce intellectual property rights. For example, two days after special operations forces killed Osama Bin Laden, as my colleague Donna Chmura noted, Disney filed federal trademark applications for “SEAL TEAM 6” for toys, handheld computer games, Christmas stockings, Christmas tree ornaments and decorations, snow [...]

 

Constitutional Ruminations in Boston

My attendance at a legal conference in Boston has allowed me a chance to reflect on the remarkable stability of our country’s legal system. Clearly, to err is human and our judicial branch has had and will have numerous screw ups. Yet, I am chastened by the fact that when a judge makes a ruling, [...]

 

Juries, Star Trek and racists

Serving on a jury is one of those duties to which we commit ourselves in order to maintain a fair judicial system. The evolution of the jury is also a testament to the progress we have made in creating a climate of trust in the legal system.

 

Sale of Class Notes Objectionable?

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 [...]

 

Technology and Ethics

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.

 

Beer Pong and the Supreme Court

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

 

Spam is So 2003

The blue glare illuminates the face of the son of the purportedly wrongfully deposed Generalissimo of the former Republic of Northern Sahara Africa. Slowly he pecks out a message and clicks on the send button. If only he could find somebody to assist him in investing $29,000,000 . . . for a small commission, of [...]

 

Attorney Ad Rules in NY Take a Hit

As previously reported, proposed amendments in Virginia to the Rules of Professional Conduct that govern lawyer advertising and communications by lawyers with prospective clients would prohibit in-person solicitation in all matters, not just those involving personal injury cases. While I was, and remain, critical of such a change, a decision by the U.S. Court of [...]

 

Good? Proposed Ban On In Person Lawyer Solictation

Proposed amendments to the Rules of Professional Conduct that govern lawyer advertising and communications by lawyers with prospective clients would prohibit in-person solicitation in all matters, not just those involving personal injury cases. The change is premised (presumably), in part, on the notion expressed in proposed Comment 1 to Rule 7.3 that “A person in [...]