Today Blawgletter welcomes back the estimable Ron Woessner as Guest Blawger. Joining him is aspiring SMU law grad Chris Knowles.
Their post calls on the American Bar Association to tighten the ethical test for security of electronic communications involving confidential matters. As you'll see, the ABA's standard contrasts with the stricter one that applies to our friends who practice healing arts
You've read about the U.S. Supreme Court's ruling in the "fleeting expletives" case. Today Blawgletter welcomes you back to the case involving a "fleeting image of nudity" that, for 9/16 of a second, broadcast a picture of Janet Jackson's bare right-side area between the bottom of her rib cage and her shoulder.
The Federal Communications Commission condemned CBS's
At least three courts of appeals have held that a non-contracting party who loses a motion to compel arbitration under the doctrine of "equitable estoppel" has to wait until the end of a court case to appeal. See "Antitrust Class Beats Arbitration-by-Estoppel". The Second Circuit parted company with its sister courts (the Sixth, Tenth, and D.C. Circuits). See "Supremes to
Products that U.S. manufacturers made in the U.S. but sold in Argentina injured Argentines in their home country. The Argentines sued in the U.S. The U.S. defendants moved to dismiss the cases in favor of suits in the Land of Contrasts — perhaps in bustling Buenos Aires. Result? The American judges lightened their dockets with
One of Avaya's IP Telephones.
Today the Third Circuit sent part of a securities fraud case against Avaya Inc. back to the district court.
The "central theory is that investors and analysts viewed the key to Avaya’s success to be its ability to increase sales revenues without cutting prices." The panel held that
The Paper of Record today reports that the Department of Justice has opened a file on a license pact between Google and people who write and publish books. The licensing deal would settle copyright claims against Google for its Google Book Search service. Google describes the "groundbreaking agreement with authors and publishers" here.
Critics contend
[T]o experiment with substituting borosilicate glass for ordinary glass in a sexual device was not a venture into the unknown.
Ritchie v. Vast Resources, Inc., No. 08-1528, slip op. at 5 (Fed. Cir. Apr. 24, 2009) (Posner, J., sitting by designation) (holding patent for "sex aid . . . fabricated of a generally lubricious glass-based
A 5-4 U.S. Supreme Court today upheld the Federal Communications Commission's rule change that bars "fleeting expletives" in television broadcasts. Federal Communications Comm'n v. Fox Television Stations, No. 07-582 (U.S. Apr. 28, 2009).
For background, see "The FCC Would Find this Post Indecent".
Justice Scalia wrote the majority opinion; Chief Justice Roberts
Jim Cramer in a calm moment.
Blawgletter went to a speech on Saturday by Jim Cramer, he of CNBC's Mad Money. He said a Great Many things by way of telling us what brought on the Current Financial Crisis. But he offered a single solution: charge the bad guys with crimes and send them