More opinions coming; and Patenting the Patenting Process

The Federal Circuit has an internal practice of only issuing R.36 affirmances-without-opinion in cases where the court holds oral arguments.  Most of the oral arguments have been cancelled for the court’s April sitting. The result then is that either (1) the court is going to write a lot more opinions or (2) the court will shift its practice to now start issuing no-opinion judgments even without oral arguments. Todays short decision in In re Thomas (Fed. Cir. 2020) (per curiam) suggests to me th...
Tags: Law, Patent, Board, Thomas, The Board, Federal Circuit, Alice Corp, PTAB, CLS Bank Int, Thomas Fed, Douglass Thomas

The Geek In Review Ep. 74 – Why Retention of Legal Talent Can’t Be The Equivalent of a Coin Flip – Bryan Parker of Legal Innovators

It’s not unusual for law firms to invest $1M or more in recruiting, hiring, training, and retention of Associates over the first four years of their legal career. However, if you look at the actual retention rates through the fourth or fifth year, it is essentially a coin flip on whether the firm retains, or loses that talent. Bryan Parker, CEO of Legal Innovators thinks that it is not a good return on the law firm’s (and the Associate’s) time and capital investment. Parker believes that you ca...
Tags: Podcast, Law, Stanford, Uncategorized, US, Recruiting, David, Law Schools, Law Firms, David Lat, Parker, Greg, Bryan, Associates, Bob Ambrogi, Summer Associates

Law Society Policy for Access to Justice Failure, Part Two

[see the full text on the SSRN (updated in March, 2020)] The comment of the Treasurer of the Law Society of Ontario (Malcolm Mercer, its CEO) responding to my first article having the above same title, published in Slaw, on July 25, 2019, contains the following objections: 1. That I am wrong to say that law societies should be defending lawyers’ markets. He states: Rather, the principal role of the Law Society under the Law Society Act (Ontario) is to (i) determine what legal services should app...
Tags: Justice, Law, Canada, Bill, Ontario, Law Society, LSO, Mercer, LegalZoom, Monahan, Patricia Hughes, Lao, Practice Of Law, Christopher Moore, Law Society of Upper Canada, University of Toronto Press

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether a local ordinance that discriminates against interstate commerce, and was enacted for a discriminatory purpose, must discriminate exclusively against nonresidents to be subject to heightened scrutiny under the dormant commerce clause; whether a claim for violation of a prisoner-patient’s 14th Amendment right to informed consent requires a showing of deliberate indifference and proof of ref...
Tags: Texas, Supreme Court, Law, Virginia, Williams, Sharp, Atkins, Woodford, Johnson, Smith, Department Of Homeland Security, Wolf, Slater, HARRIS, Hill, Inslee

Sunbeams, 6:27 a.m.

"Actual" sunrise time: 6:25. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Sunrise, Lake Mendota, Ann Althouse

Coronavirus Update 4-9-2020: CDC issues new guidelines for the return of essential workers to work after a coronavirus exposure

Last night, the Center for Disease Control issued new guidelines for when an essential employer should permit a critical infrastructure employee to return to work after a coronavirus exposure (defined as a household contact or having close contact within 6 feet of an individual with confirmed or suspected coronavirus for up to 48 hours before the individual became symptomatic). The guidelines are a substantial departure from how I’ve been advising my clients for the past month. Previously, I h...
Tags: Law, Cdc, Center for Disease Control, Jon Hyman, Edwin Hooper

Guest Post: Out of the Blue: The Federal Circuit Devises a New Rule for Color Marks

Guest post by Christine Haight Farley (Professor, American University Washington College of Law and Faculty Director, Program on Information Justice and Intellectual Property). The Court of Appeals for the Federal Circuit has held that color marks on product packaging can be inherently distinctive. On April 8, 2020, the court issued its opinion in In re: Forney Industries, Inc. It stated that “a distinct color-based product packaging mark can indicate the source of the goods to a consumer, and, ...
Tags: Supreme Court, Law, Court, Missouri, Patent, Christian Louboutin, Wal Mart Stores Inc, Wal Mart, Chen, O'Malley, Trademark Office, Federal Circuit, Brunetti, 10th Circuit, Dyk, Ttab

Identifying unknown online copyright infringers: court gives guidance

Plaintiff sued some unknown “John Doe” defendants who infringed plaintiff’s copyrights. To keep the lawsuit moving forward, plaintiff needed to serve the complaint on the defendants. But this presented a challenge, since plaintiff did not know to whom it should deliver the documents. So plaintiff filed a motion with the court, asking for permission to send interrogatories and to take depositions that would help unmask the anonymous infringers. Plaintiffs sought to get information from parties in...
Tags: Law, Paypal, DOE, John Doe, Plaintiffs, Columbia Ins Co, Seescandy, MG Premium Ltd

Courtroom access: High-profile cases, live audio and public interest

Long lines were a hallmark of high-profile oral arguments at the Supreme Court this term, in cases involving issues ranging from abortion to gun rights to employment protections for LGBT employees. Because the Supreme Court does not normally release the audio of its oral arguments until the end of the week, attending the oral argument in person is the only way to hear the justices and lawyers in action in real time. On March 31, the Supreme Court was scheduled to hear two oral arguments in a...
Tags: Featured, Supreme Court, Law, Washington, Lgbt, Court, Ap, Cnn, House Of Representatives, Manhattan, Associated Press, Circuit, Msnbc, Donald Trump, Trump, Vance

Coronavirus Update 4-8-2020: Employers, if you are requiring your employees to wait in line for a coronavirus fever check, please pay them for waiting

Bloomberg Law asks whether employers are “responsible for paying workers for the time it takes to record their body temperatures before entering the workplace.” To me, this question doesn’t require a legal analysis but a common-sense application of basic decency. If your employees are queuing before entering work because you are requiring them to pass a temperature check, pay them … period. Since this is a legal blog, however, I might as well look beyond common sense and examine the laws im...
Tags: Amazon, Law, Who, Ada, EEOC, FLSA, Integrity Staffing Solutions, Jon Hyman, Norah, Bloomberg Law, Busk the Supreme Court, Busk, Zoominar, Paycheck Protection Program, Tedward Quinn

At the Pink Moon Café...

... is there anything else you need to talk about?The photo shows the moon at 6:26 a.m. (one minute after the "actual" sunrise time). I'm calling it the Pink Moon Café because that's the name of the café. The actual super pink moon occurred on the previous night. It's not called the pink moon because it's supposed to look pink. It's named after a pink wildflower that blooms at this time of year. Phlox subulata. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Moon, Ann Althouse, Pink Moon Café

Courtroom access: Final trip to see justices before enlistment nearly thwarted by shifting line

The public line (left) and the three-minute line (right). Of the 80 people left in the public line at 7:30 a.m. on October 15, 2019, only three made it inside for the full argument. Patriotism plays a central role in many Americans’ decision to join the military. It did for Matthew Roland (referred to by a pseudonym for reasons of personal privacy), who chose to enlist in the Marine Corps Special Forces. Before Matthew left last fall for boot camp, the Roland family took one final trip togeth...
Tags: Featured, Supreme Court, Law, Congress, Marine Corps, Matthew, Puerto Rico, Roland, The Supreme Court, Rolands, Matthew Roland, Constitutional Republic, Aurelius Investment, Courtroom access — October Term 2019, Marine Corps Special Forces Before Matthew

USNS Mercy continues with mandate to treat non-coronavirus patients

While the Navy’s USNS Comfort, docked in New York City, has started taking COVID-19 patients, its sister ship, the USNS Mercy in the Port of Los Angeles, is sticking to its mission of taking non-coronavirus medical cases to ease the burden for Los Angeles-area civilian hospitals. “We’re still following the original agreement to be a pressure release and take non-COVID patients,” said Lt. Joe Pfaff, a Navy spokesman for the Mercy. “If we were going to change our mission, that decision is worked t...
Tags: News, Navy, New York City, US, Los Angeles, Sport, Soccer, Military, Fema, Port Of Los Angeles, San Diego, Donald Trump, San Pedro, Los Angeles County, U S Navy, Los Angeles California

Federal prison population, due seemingly to COVID responses, hits another modern low (which is still very high)

Every Thursday morning, one can see at this webpage an official refreshed count of the total number of federal inmates as calculated by the Federal Bureau of Prisons. That page also has a chart and data on the total number of federal inmates for each fiscal year going back to 1980.  A quick look at these data show that in FY 2013 the federal prison population hit a modern high of 219,298. But this morning, we are down to a federal prison population of "only" 173,686 inmates.  I put "only" in quo...
Tags: Law, Obama, Justice Department, Federal Bureau of Prisons, Jeff Sessions, Barr, USSC, Bureau of Prisons, Douglas A Berman, US Sentencing Commission, Trump Administration

Thursday round-up

Alex Swoyer reports for The Washington Times (via How Appealing) that “[a]ccording to a new poll, Americans want to see the court, which has been shuttered by the COVID-19 pandemic, back at work — remotely if need be — hearing oral arguments, including for highly watched cases concerning President Trump’s financial records.” At Reuters’ On the Case blog (via How Appealing), Alison Frankel talks to an advocate in one of the cases on the Supreme Court’s recently postponed April argument calendar, ...
Tags: Supreme Court, Law, Washington, New York City, Court, Atlantic, Wisconsin, Republican National Committee, Trump, Round-up, Reuters, Nra, Andrew Mccarthy, National Review, Alison Frankel, Democratic National Committee

Thursday Thinkpiece: The Law of Work, 2nd Edition

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form. The Law of Work, Second Edition Authors: David J. Doorey (with contributors for selected chapters) ISBN: 978-1-77255-618-6 Publisher: Emond Publishing Page Count: 696 Publication Date: March, 2020 Regular...
Tags: New York, Law, Canada, Arnold, Hamilton, Kahn, Perkins, Clifton, Freeman, Robert Perkins, Thursday Thinkpiece, Neumark, Emond Publishing Page Count, Dofasco, David J Doorey, Nine Hour Movement

Remote Workers Must Optimize Productivity

Remote workers must optimize productivity to empower themselves and to make effective contributions to their organizations. To those not used to working remotely, the transition may be difficult. However, we are not treading new ground here, and there are many lessons that have already been learned from remote workers who have been efficient and productive for decades. Remote workers will also need to hone their skills for remote job interviews! “Remote work, with its increasing popularity, has ...
Tags: Law, Careers, Career Tips for Lawyers

April COVID-19 Updates (Shanghai)

I wrote that post a while back giving a fairly comprehensive account of “Coronavirus Lockdown in Shanghai.” It’s now almost a month later. So what’s different? Only little things. Here’s a brief rundown: Almost everyone is still wearing masks when they go outside, but no one freaks out if I don’t. I wear my mask when required, or when in an elevator or other enclosed space. I do it more out of courtesy than anything else.The mall near my home stopped doing temperature checks about two week...
Tags: Health, Society, Personal, Shanghai, Linguistics, Coronavirus, COVID-19, Chenshan Botanical Garden, Shanghai Church

The Trump Administration Is STILL Trying To Keep Immigrant Kids In Lockup

Coronavirus has made its way to the decades-old Flores litigation, which established minimal safety standards for unaccompanied immigrant minors in federal custody.
Tags: Law, Immigration, Donald Trump, Flores, Lorelei Laird, Lockup, Coronavirus

"Brake out your small violins for these older male celebrities — their hair has grown voluminously out of control in isolation."

"Humble bragging about how wild their hair has grown while sheltering in place has become a trend among famous men, who are sharing photos of their untamed quarantine locks while salons, barbershops and beauty parlors sit shuttered.... Some actors and athletes have decided to lob off their locks instead."That's NY Post headline. It's right to tag this as humble bragging, wrong to spell like that ("brake" for "break," "lob" for "lop").Anyway, I note that these are rough times for wig wearers. Tha...
Tags: Law, Hairstyles, Wigs, Ann Althouse, Coronavirus

Counsel At Prominent Biglaw Firm Dies From Coronavirus Complications

He's remembered by his firm as 'a wonderful human being.'
Tags: Law, Deaths, Biglaw, Quinn Emanuel, Coronavirus, COVID-19, Steven M. Edwards

Attorney's Lien Survives Deposit Into Personal Account

The Maryland Court of Special Appeals has upheld the enforcement of any attorney's lien Bibi Khan retained Tracey J. Coates, Esq. and the law firm of Paley, Rothman, Goldstein, Rosenberg, Eig & Cooper, Chartered (the “Law Firm”) to represent her... [Author: Legal Profession Prof]
Tags: Law, Clients, Billable Hours, Maryland Court of Special Appeals, Lien, Legal Profession Prof, Bibi Khan, Tracey J Coates Esq

Migrant children on Greek islands to be flown to Luxembourg

Luxembourg to take in 11 minors after member states and Switzerland pledge to find homes for 1,600 Eleven children trapped on Greek islands will be flown to Luxembourg next week, the first of a European Union migrant relocation scheme that highlights the uncertain fate of thousands.The group will leave Chios and Lesbos for Luxembourg as part of an EU voluntary effort to help the most vulnerable quit Greece’s desperately overcrowded refugee and migrant island camps. Continue reading...
Tags: Europe, Greece, Children, Germany, Eu, European Union, Society, World news, Afghanistan, Migration, Switzerland, Luxembourg, Chios and Lesbos

Child sexual abuse victims should not be put off by George Pell decision, experts say

It would be ‘legally wrong’ to conclude that the high court ruling undermined the point of bringing cases to trial, professor saysVictims of child sexual abuse should not be dissuaded from coming forward and reporting perpetrators as a result of the jury conviction of Cardinal George Pell being overturned by the high court, a barrister and professor of law at La Trobe University in Melbourne says.Prof Gideon Boas said he was concerned by those questioning the merit of future cases brought in the...
Tags: Law, Australia news, Melbourne, George Pell, Pell, La Trobe University, Law (Australia, Prof Gideon Boas

Webinar: Tools Legal Professionals Need when Working from Home

Join me tomorrow, April 9, for a webinar, Tools Legal Professionals Need When Working From Home. Presented by RPost, a company that provides secure and certified electronic communications technology, and The Florida Bar, the free one-hour webinar will look at the best tools to help minimize disruption to your practices as you transition to working from home. For my part, I will focus on discussing key tools you need and how vendors are stepping up to the plate to help make them either free or af...
Tags: Florida, Microsoft, Law, Uncategorized

"Late that night, I learned that I would need to be intubated, or placed on a ventilator. This terrified me."

"A few days earlier, after my admission to the hospital, my physician father had warned me: 'You better not get put on a ventilator. People don’t come back from that.'... I have hazy memories of the intubation. My anesthesiologist was a woman with a slight Caribbean accent and an authoritative, reassuring demeanor. In my overwhelmed state, it seemed that a dozen people were in the room, when, in reality, it was probably just a handful. Aided by anesthesia, I soon fell asleep. I spent the next si...
Tags: Law, New York City, Caribbean, David Lat, WaPo, Ann Althouse, Coronavirus

Law School Raising Money For Out-Of-Work Staff. If It’s Not Your School… It Should Be.

UVA community doing right by its workers.
Tags: Law, Uva, Law Schools, UVA Law School

Texas the 'epicenter' of forensic hypnosis, perhaps the junkiest of junk science

From "Zipping Along," Loony Tunes, 1953 Most Americans got their first sense of "hypnosis" from watching cartoons, where the mind-control trope has been a staple for decades. But it's no laughing matter when the practice enters the courtroom and people are sent to prison for decades, or even executed, based on such pseudoscientific foolishness.Texas is the "epicenter" of forensic-hypnosis use in the United States, according to  a pair of investigative stories published this week at the Dallas...
Tags: Texas, News, Law, United States, Ranger, Texas Rangers, Dallas Morning News, DPS, CCA, MSM, Dave Boucher, Court of Criminal Appeals, Zani, Gritsforbreakfast, John Whitmire, Elizabeth Loftus

At-Home LSAT Is Coming Next Month

COVID-19 is changing law school admissions.
Tags: Law, Law Schools, GRE, LSAC, LSAT, Kaplan Test Prep, Jeff Thomas, Coronavirus, COVID-19

show more filters
February - 2020
March - 2020
April - 2020