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A New Year, A Sad Note

Happy New Year to any and all readers of this blog. We have been on line for over 14 years, sustained by the constant stream of bar discipline and legal ethics issues that arise. The things that get lawyers in... [Author: Legal Profession Prof]
Tags: Law, Blogging, Legal Profession Prof


Watchdog group calls from Trump's criminal investigation over call pressuring Georgia's secretary of state to overturn election results

US President Donald Trump and daughter Ivanka Trump walk to Marine One on the South Lawn of the White House on January 4, 2020 in Washington, DC. Drew Angerer/Getty Images Citizens for Responsibility and Ethics in Washington, a center-left watchdog group, is asking prosecutors to conduct a criminal investigation into President Donald Trump. The request came in a letter sent Monday to the Department of Justice and Fulton County District Attorney Fani T. Willis. It comes after audio revealed...
Tags: Politics, Law, Congress, Washington, White House, US, Trends, Atlanta, Georgia, Joe Biden, Department Of Justice, Donald Trump, Charles Davis, Trump, State, US Department of Justice


Must a Plaintiff Investigate a Patent’s Validity Prior to Suing for Infringement?

WPEM LLC v. SOTI Inc. (Fed. Cir. 2021) WPEM sued SOTI for patent infringement based upon its mobile-device software management “Speed Lockdown” tool. The complaint cites MobiControl Version 11 as infringing.  In its answer, SOTI responded with information from its Version 10, which predates the asserted patent as well as other prior art references.  Settlement discussions ensued: Offer 1: P offers to settle for $429k; D says “no, the patent is invalid.” Offer 2: P offers to settle for $150k; ...
Tags: Law, Court, United States, Patent, District Court, Federal Circuit, Soti, Fed Cir, WPEM LLC, SOTI Inc Fed, WPEM, SOTI Inc, Accused Technology, Bill Ramey, Robert Greeson


UPDATED: Must a Plaintiff Investigate a Patent’s Validity Prior to Suing for Infringement?

Updated below to correct an error in my original analysis. -DC WPEM LLC v. SOTI Inc. (Fed. Cir. 2021) WPEM sued SOTI for patent infringement based upon its mobile-device software management “Speed Lockdown” tool. The complaint cites MobiControl Version 11 as infringing.  In its answer, SOTI responded with information from its Version 10, which predates the asserted patent as well as other prior art references.  Settlement discussions ensued: Offer 1: P offers to settle for $429k; D says “no, t...
Tags: Law, Court, United States, Patent, District Court, Federal Circuit, Soti, Fed Cir, WPEM LLC, SOTI Inc Fed, WPEM, SOTI Inc, Accused Technology, Bill Ramey, Robert Greeson, DC WPEM LLC


Military Cryptanalytics, Part III

The NSA has just declassified and released a redacted version of Military Cryptanalytics, Part III, by Lambros D. Callimahos, October 1977. Parts I and II, by Lambros D. Callimahos and William F. Friedman, were released decades ago — I believe repeatedly, in increasingly unredacted form — and published by the late Wayne Griswold Barker’s Agean Park Press. I own them in hardcover. Like Parts I and II, Part III is primarily concerned with pre-computer ciphers. At this point, the document only has ...
Tags: Nsa, Uncategorized, Military, Foia, Bruce Schneier, Cryptanalysis, History Of Cryptography, Ciphertext, LamBros, Lambros D Callimahos, William F Friedman, Wayne Griswold Barker, Agean Park Press, Plaintext Autokey Systems, Analysis of Cylindrical Cipher Devices, Introduction to Teleprinter Key Analysis


Group of Virginia prosecutors urge state lawmakers to enact major criminal justice reforms

As detiled in this local article, headlined "‘Progressive prosecutors’ want Virginia to end the death penalty, cash bail and mandatory minimums," a group of elected prosecutors in the Commonwealth of Virginia are urging their state legislature to enact an array of criminal justice reforms.  Here are the basics: A handful of self-described “progressive” Virginia prosecutors — including four from Hampton Roads — called Monday for state lawmakers to make dramatic changes to the state’s criminal ju...
Tags: Law, Virginia, Portsmouth, General Assembly, Hampton Roads, Douglas A Berman, Virginia Progressive Prosecutors for Justice, Hampton Newport News Norfolk


Federal Circuit Statistics – 2020 edition

By Jason Rantanen This post uses data from the Compendium of Federal Circuit Decisions to provide a quick statistical overview of the Federal Circuit’s decisions this year, particularly in appeals arising from the district courts and USPTO. Decisions by origin Figure 1 shows the total number of Federal Circuit opinions and Rule 36 summary affirmances by origin.  The increase in decisions in appeals from the USPTO (orange) over the past decade is clearly visible, although last year there was a sl...
Tags: Law, Uspto, Patent, Federal Circuit, Jason Rantanen, Federal Circuit Decisions, Compendium of Federal Circuit Decisions, Federal Circuit Statistics, Lindsay Kriz


Lawyers Behaving Badly — See Also

Coup For Major Law Firm: Foley & Lardner partner Cleta Mitchell shows up on presidential election interference call. So it's safe to say you don't want to be their PR person today. Please Ignore The Partner Behind The Curtain: But now the firm is disavowing Mitchell's side gig and... I'm not sure they get to just do that. Just... Stop: Harvard and Yale alumni want their dumbest classmates to stop pretending they don't understand the Constitution. An Exception To Prove The Rule: Amid all the b...
Tags: Law, Harvard, Yale, Mitchell, Foley Lardner, Marc Elias, Cleta Mitchell, See Also


Foley & Lardner To Feel Wrath Of The Lincoln Project

The firm distances itself from partner Cleta Mitchell.
Tags: Law, Donald Trump, Biglaw, Foley, Foley & Lardner, Cleta Mitchell, Ben Meiselas, Lincoln Project, MeidasTouch


FY-21 Navy Enlistment Bonus Jan Update

A new Enlistment bonus message was released, and the only real changes to the last enlistment bonus message are to the Enlistment Bonus for Source Ratings; specifically, for the Special Warfare Operator (SO – SEAL), Navy Diver (ND), Explosive Ordnance Disposal (EOD) ratings, and the Avionics (AV) and Advanced Electronics Computer Field (AECF) programs. Both […]
Tags: Military, Navy Recruiting, Rating-School, Enlistment Bonus, Navy Enlistment Bonus Jan Update, Advanced Electronics Computer Field AECF


From Suing Fake Cows To The Medal Of Honor: The Devin Nunes Story

For vexatious litigation in the face of hurt feelings, allow us to bestow upon you...
Tags: Law, Government, Defamation, Devin Nunes


The many U-turns on the road to England's third lockdown

November lockdown decision has been followed by a series of flip-flops and 11th-hour announcements Coronavirus – latest updatesSee all our coronavirus coverageThe government’s coronavirus strategy for England has changed a number of times since the start of the November lockdown, as infections soared and a new variant of the virus emerged.14 October 2020: Johnson dismisses calls from the Labour leader, Keir Starmer, for a “circuit-breaker” lockdown, telling MPs: “Opportunism is the name of the g...
Tags: Health, Politics, England, Conservatives, Society, UK News, Public services policy, Infectious Diseases, Labour, Michael Gove, Health policy, Boris Johnson, Johnson, Keir Starmer, Gavin Williamson, Coronavirus


At the Birdcage Café...

  ... twitter away. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Snow, Ann Althouse


It’s Time For Trump To Be Prosecuted And Impeached (Again)

For democracy's sake, this man must be held accountable for his actions.
Tags: Law, Government, Donald Trump, Quote Of The Day, Election Law, Time for Trump




The Donald Trump Call Shouldn’t Have Been Leaked (If Counsel Were Even Remotely Doing Their Jobs)

Confidentiality agreements... how do they work?
Tags: Law, Government, Donald Trump, Biglaw, Foley & Lardner, Clea Mitchell


Julian Assange verdict does little to protect press freedom

Analysis: ruling appears to extend the scope of British Official Secrets Act on classified information Julian Assange to seek release from prison after extradition rulingJulian Assange may have won the first round of his extradition battle against the US but lawyers and the National Union of Journalists have warned his victory had little to do with the protection of journalism and free speech.A study from the district judge Vanessa Baraitser – which said the WikiLeaks founder should not be ext...
Tags: Human Rights, Media, Law, US, UK News, World news, US news, UK criminal justice, Freedom Of Speech, Julian Assange, Wikileaks, National Union of Journalists, Extradition, Vanessa Baraitser


"An Interactive Tour of Everything Hilarious and Bizarre on the Web."

My program of working on some sort of housework every day has me decluttering desk drawers today, and these things that were once strikingly useful are so absurdly useless now...   I've still got the disc for Word when no version number was part of the name... [Author: [email protected] (Ann Althouse)]
Tags: Cleaning, Law, Computers, The Web, Ann Althouse


Alexander Wang Accused Of Sexual Assault, Denies Allegations

The designer calls the accusations 'baseless and grotesquely false' in a statement.
Tags: Fashion, Law, Alexander Wang


England's coronavirus lockdown strategy flip-flops: a timeline

November lockdown decision has been followed by a series of U-turns and 11th-hour announcements Coronavirus – latest updatesSee all our coronavirus coverageThe government’s coronavirus strategy for England has changed a number of times since the start of the November lockdown, as infections soared and a new variant of the virus emerged.14 October 2020: Johnson dismisses calls from the Labour leader, Keir Starmer, for a “circuit breaker” lockdown, telling MPs “opportunism is the name of the game ...
Tags: Health, Politics, England, Conservatives, Society, UK News, Public services policy, Infectious Diseases, Labour, Michael Gove, Health policy, Boris Johnson, Johnson, Keir Starmer, Gavin Williamson, Coronavirus


FTC’s Confusing Guidance on How Merchants Should Manage Their Consumer Reviews

This blog post covers an FTC closing letter. A few words about FTC closing letters if you’re not familiar with them. When the FTC staff open an investigation but then decide not to take action, staff issues a “closing letter” explaining why they didn’t act. Often, the investigated company helps to secure a closing letter by making some changes or promises to the FTC’s satisfaction. While closing letters don’t have precedential effect, they provide a window into the FTC staff’s thinking–with the ...
Tags: Law, Marketing, Yotpo, Ftc, LLC, FN, Content Regulation, Tushnet, Yotpo Ltd, Serena Viswanathan, Amy R Mudge, Randall M Shaheen, Express Gold Cash Inc


Julian Assange to seek release from prison after extradition ruling

Legal team for WikiLeaks co-founder expected to refer to Covid risk at Belmarsh prisonJulian Assange extradition ruling: what happens now?Julian Assange will make a fresh appeal to be released from prison this week after a British judge ruled that he cannot be extradited to the US to face charges of espionage and hacking government computers.While district judge Vanessa Baraitser rejected arguments that Assange would not get a fair trial in the US, she blocked extradition on the basis that the W...
Tags: Law, US, UK News, Julian Assange, Wikileaks, Extradition, Assange, Belmarsh, Vanessa Baraitser


UK to move to highest coronavirus alert level as full lockdowns loom

Boris Johnson to make TV announcement on Monday night after pressure to tackle soaring infection rate Coronavirus – latest updatesSee all our coronavirus coverageThe government is expected to announce new steps to control the spread of coronavirus, as the chief medical officers recommended that the UK move to the highest coronavirus alert level.Boris Johnson is due to make a TV address on Monday evening where he is set to announce mass school closures and tight lockdown restrictions. MPs will be...
Tags: Health, Politics, UK, Science, Conservatives, Society, UK News, Infectious Diseases, Health policy, Jeremy Hunt, Boris Johnson, Coronavirus


Coronavirus Update 1-4-2021: DOL approves telemedicine visits to establish a serious health condition under the FMLA

With the COVID-19 pandemic closing health-care-provider offices or severely limiting patient access, many have turned to telehealth to remotely obtain healthcare from the safety of their homes. The question arose, however, whether these remote visits would qualify as "treatment" under the FMLA's qualifying definition of a "serious health condition," which under the FMLA's regulations requires an "in-person visit to a health care provider," and does not include "a phone call, letter, email, or te...
Tags: Law, DOL, National Cancer Institute, Department of Labor, FMLA, Jon Hyman, WHD, Bravo Department of Labor


"If Congress purported to overturn the results of the Electoral College, it would not only exceed [its] power, but also establish unwise precedents."

"First, Congress would take away the power to choose the president from the people, which would essentially end presidential elections and place that power in the hands of whichever party controls Congress. Second, Congress would imperil the Electoral College, which gives small states like Arkansas a voice in presidential elections. Democrats could achieve their longstanding goal of eliminating the Electoral College in effect by refusing to count electoral votes in the future for a Republican pr...
Tags: Law, Congress, Arkansas, Republican, Tom Cotton, Electoral College, First Congress, Ann Althouse, Congress Second Congress, Third Congress


England's changing coronavirus lockdown strategy: a timeline

November lockdown decision has been followed by a series of U-turns and 11th-hour announcements Coronavirus – latest updatesSee all our coronavirus coverageThe government’s coronavirus strategy for England has changed a number of times since the start of the November lockdown, as infections soared and a new variant of the virus emerged.31 October: The prime minister announces a new four-week lockdown in England, shortly after Wales began a two-week circuit breaker. Continue reading...
Tags: Health, Politics, England, Wales, Conservatives, Society, UK News, Public services policy, Infectious Diseases, Michael Gove, Health policy, Boris Johnson, Gavin Williamson, Coronavirus


Court Denies Motion to Dismiss Plausible Allegations Under Portions of Virus Exclusion

    The court granted in part, denied in part, the insurer's motion to dismiss after examining portions of the policy's virus exclusion. Barbershop v. Twin City Fire Ins. Co. , 2020 U.S. Dist. LEXIS 211152 (W.D. Texas, Nov. 4, 2020).     The insured was a barbershop and grooming supply retailer. On March 31, 2020, government orders temporarily closed the insured's business until May 5, 2020, due to COVID-19. The insured submitted a claim for business interruption to its carrier, Twin City. The ...
Tags: Insurance, Tred Eyerly, Business Interruption, Twin City, COVID-19



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