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Ohio Bans Competitive Keyword Advertising by Lawyers

No one: Absolutely no one: (in the third decade of the 21st century….): * * * I guess we’re doing this again. It’s 2021, long past the time consumers have come to understand competitive keyword advertising, and yet a bar regulator issues an evidence-free and inappropriately brief opinion that competitive keyword ads deceive prospective clients. UGH. The opinion addresses three rules of professional conduct: Rule 7.1. “The simple act of purchasing a keyword, including another lawyer’s name, do...
Tags: Amazon, Florida, Texas, Law, California, Marketing, Search Engines, Ohio, Trademark, BPI, Ftc, Florida Bar, Cannon, Greenberg, Adler, CDF


Amicus Briefs Against Florida’s Censorship Law (SB 7072)

Five amicus briefs were filed in support of the NetChoice/CCIA motion for a preliminary injunction against the Florida censorship law. Highlights: Internet Association amicus brief: The February 1, 2021 coup in Myanmar exemplifies the need for quick and nimble responses to rapidly changing conditions. One day after the coup, Facebook designated Myanmar a “temporary high-risk location” and announced that it would “remove ‘any calls to bring armaments’ and protect posts criticizing the country’s ...
Tags: Facebook, Florida, Law, Eff, Myanmar, Hurley, Miami Herald, Facebook Facebook, Authors Guild, Szabo, Veitch, PEN America, Potts, Esparza, Content Regulation, Derivative Liability


Unanimous ruling on crack-cocaine disparity is heavy on text, light on history

Sometimes, deep, conflicting social currents clash in titanic movements and romantic prose. Other times, they are submerged under rather drier land; underground rivers in a desert of language. On Monday, the Supreme Court, in a unanimous decision, held that decades of roiling political turmoil surrounding the crack-cocaine epidemic could not compel a rereading of a single, highly consequential statutory clause, even if its primary authors pressed a different interpretation. Thus, in Terry v. Un...
Tags: Florida, Featured, Supreme Court, Law, Congress, America, Terry, Black, Sonia Sotomayor, Congressional Black Caucus, Sotomayor, United States the Supreme Court, Merits Cases, Sentencing Commission, Tarahrick Terry, Clarence Thomas One


Florida Gov. DeSantis signed a new law mandating a daily moment of silence in schools for students to 'reflect and be able to pray as they see fit'

Florida Governor Ron DeSantis responds to a question from the media at a press conference at the Eau Gallie High School aviation hangar in Melbourne, Florida, on March 22, 2021. Paul Hennessy/SOPA Images/LightRocket via Getty Images Florida Gov. Ron DeSantis signed a bill into law requiring daily moments in silence in schools. The law will go into effect next school year. It bans teachers from "making suggestions as to the nature of any reflection that a student may engage in during the ...
Tags: Florida, Politics, News, Law, Trends, Cnn, Ron DeSantis, Paul Hennessy, Melbourne Florida, DeSantis, Eau Gallie High School, Kelly McLaughlin, Speed desk


New plea deals sets possible new precedent for resolving low-level Capitol riot prosecutions with single misdemeanor with 6 month jail maximum

As reported in , headlined "Virginia couple pleads guilty in Capitol riot," the first set of pleas for low-level participating in the January 6 riots were entered in federal court yesterday.  Here are the details: A Virginia couple on Monday became the third and fourth defendants to plead guilty in the sprawling investigation stemming from the Capitol riot in January.  However, Jessica and Joshua Bustle of Bristow, Va., became the first to plead guilty in federal court who faced only misdemean...
Tags: Florida, Law, Senate, Virginia, America, Joe Biden, Fbi, Ronald Reagan, Secret Service, District Of Columbia, Donald Trump, Bustle, Reuters, Capitol, Jessica, Hogan


Want to Engage in Anti-Competitive Trademark Bullying? Second Circuit Says: Great, Have a Nice Day!–1-800 Contacts v. FTC

Starting in the mid-2000s, 1-800 Contacts sought to control how its competitors bought search engine advertising triggered by its (so-called) trademarks, a process I call competitive keyword advertising. To do this, 1-800 Contacts typically sued its competitors and then quickly entered into a no-money settlement agreement that required each party to stop bidding on each others’ trademarks. To property maximalists, 1-800 Contacts’ efforts may sound like run-of-the-mill trademark enforcement. How...
Tags: Amazon, Florida, Supreme Court, Law, California, Marketing, E-commerce, Trademark, BPI, Federal Trade Commission, Ftc, Lens, Florida Bar, Phillips, Greenberg, Second Circuit


Justices reject sentencing reductions for some crack-cocaine offenders

The Supreme Court unanimously ruled on Monday that people convicted of certain low-level crack-cocaine offenses are not eligible for sentencing reductions under the First Step Act, a 2018 law that made some criminal-justice reforms retroactive. Justice Clarence Thomas wrote the opinion for the court in Terry v. United States. In 2008, Tarahrick Terry was arrested in Florida for carrying just under 4 grams of crack cocaine. At the time, federal law treated offenses involving crack much more hars...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Terry, Thomas, Sonia Sotomayor, Sotomayor, Clarence Thomas, Merits Cases, Fortunately Congress


Less travel, plenty of royalties for justices in 2020

The effects of the COVID-19 pandemic were reflected in an unusual source: the justices’ 2020 financial disclosures, which the Administrative Office of the U.S. Courts released (and Fix the Court posted online) on Friday. Unlike in previous years, the justices mostly stayed close to home, with only two justices reporting reimbursements for trips after the pandemic hit in mid-March. The financial disclosures, which are released every year around this time, are relatively opaque. For example, they...
Tags: Florida, New York, Featured, Supreme Court, Law, Colorado, Washington, New York City, Court, Indiana, University of Florida, Peter Pan, Princeton University Press, Penguin Random House, Caribbean, George Washington University


The Disingenuous Law School Professor — See Also

Lookie At The Law Professor Making The Argument: Social media isn't great at context or nuance, two things needed here. Has A Judge EVER Been So Relatable? Zoom fatigue is real, y'all. Second Round Of Partnership Announcements At Cahill: Wonder what's behind that... Consistency? LOL: Florida and Texas are back at it. CWT Really Does Want You Back In The Office: They're not requiring it... yet.
Tags: Florida, Texas, Law, Cahill, See Also


I guess that's floatie life — they don't seem too upset.

I'm looking at "Sharks circle women on a floatie at Florida beach" (NY Post).  So... are they lolling, lazy dopes or savvy beachgoers? The sharks are just hammerheads.According to the International Shark Attack File, humans have been subjects of 17 documented, unprovoked attacks by hammerhead sharks within the genus Sphyrna since 1580 AD. No human fatalities have been recorded... The young swim mostly in shallow waters along shores all over the world to avoid predators....  Fishermen who har...
Tags: Florida, Law, Fish, Hawaii, Viral Video, Survival, Sharks, Maui, Reincarnation, Ann Althouse, Lightweight Religion


Stuck in a ‘bureaucratic mess,’ deported veteran fights for citizenship interview on U.S. soil

For more than two years, a 53-year-old decorated Marine Corps veteran deported to Mexico in 2008 for a drunken driving conviction has been caught up in a governmental Catch-22 as he struggles to become a U.S. citizen. Twice in 2020, U.S. Customs and Immigration Service officials scheduled Hector Ocegueda-Rivera for required naturalization interviews in Los Angeles. In both instances, Department of Homeland Security denied him entry into the U.S., including once when Border Patrol agents turned h...
Tags: Florida, News, California, Mexico, Immigration, US, Los Angeles, Sport, Soccer, Military, Veterans, United States, Marine Corps, Marines, Long Beach, Bill


Morning Docket: 06.08.21

* R. Kelly's attorneys are requesting to withdraw as his counsel and say it is "impossible" to properly represent him. Bet the lawyers hope they aren't "trapped" in the courtroom... [Fox News] * A prominent West Virginia attorney passed away this week following a car crash. [Metro News] * The Department of Justice says it will defend former president Trump in a private defamation lawsuit. [Forbes] * Stormy Daniels says her attorneys are cooperating with investigators looking into the operat...
Tags: Florida, Law, West Virginia, Fox News, Department Of Justice, R. Kelly, Trump, Kelly, Hill, Stormy Daniels, Boca Raton, Trump Organization, Metro News, Morning Docket, President Trump, Boca News Now


Ramming Speed

An interim suspension pending final discipline has been ordered in Florida for conduct described by the ABA Journal A disciplinary referee is recommending immediate disbarment for a suspended Orlando, Florida, lawyer accused of ramming her car into a rented vehicle... [Author: Legal Profession Prof]
Tags: Florida, Law, Orlando Florida, Legal Profession Prof, Bar Discipline & Process


Law School Canons: You can’t always “have it your way!”

Editor’s Note: Avery Welker is a rising 2L at Mizzou and likely a future patent attorney. He authors a series linking law school canonical cases with intellectual property counterparts. You can email ideas for future posts to [email protected]  – Dennis Crouch By Avery Welker If PerDiemCo LLC (PerDiemCo | Defendant) could have it their way, sending demand letters to a company in another state would not constitute minimum contacts for purposes of personal jurisdiction. Trimble, Inc. v. PerDiem...
Tags: Florida, Texas, Law, California, Washington, Court, Burger King, Delaware, Patent, State, Mizzou, Sunnyvale California, Northern District of California, CORALVILLE Iowa, Eastern District of Texas, Federal Circuit


'Tiger Mom' Amy Chua speaks out about her battle with Yale Law

Hello!Welcome to this weekly roundup of stories from Insider's Business co-Editor in Chief Matt Turner. Subscribe here to get this newsletter in your inbox every Sunday.What we're going over today:How "Tiger Mom" Amy Chua became the pariah of Yale Law.50 founders and VCs dish on what it's like to work with Jason Calacanis, Silicon Valley's most polarizing investor.Gen Xers, in the middle of middle-age, are embracing the status quo.Capitol Hill staffers vent about unlivable pay an...
Tags: Amazon, Business, Florida, Supreme Court, Law, Congress, Life, White House, US, NFL, America, Newsletter, Trends, Bank Of America, Bloomberg, Brooklyn


Encouraging examples of democracy expanding for those previously disenfranchised

I just saw this recent Stateline piece headlined "More States Expand the Ballot to Previously Incarcerated," which provides some positivity to close out this week.  Here are excerpts: Building off two decades of advocacy work and the recent national push to overhaul the criminal justice system, 20 states now restore voting rights for people with felony convictions when they leave prison.  Energy around the restoration of voting rights continues to swell. But there remains sustained opposition, ...
Tags: Florida, New York, Maryland, Law, Washington, Kentucky, Oregon, Virginia, Los Angeles, Iowa, Philadelphia, Republican, Illinois, Vermont, Porter, STATELINE


Florida Hits a New Censorial Low in Internet Regulation (Comments on SB 7072)

This blog post reviews Florida’s Transparency in Technology Act, SB 7072. Like other recent efforts to censor the Internet (such as Trump’s anti-230 EO), this law is performative garbage. It was never a serious attempt at crafting good policy. Florida enacted it anyway. Now, given , we’ll find out what happens when the barking dog catches the car it’s been chasing. [backstory on this image] What the Bill Does The bill has four primary sections: Section 1 contains legislative “findings” (mos...
Tags: Facebook, Florida, Supreme Court, Law, Wikipedia, America, Search Engines, Aclu, Reno, Social Media Platforms, Trump, State, Miami Herald, CSAM, CCIA, Content Regulation


Leona exits in Vegas; 77 for Mehaffey on debut

Leona Maguire Leona Maguire could not take advantage of Jennifer Kupcho’s defeat as she fell to Christina Kim’s final-hole birdie and crashed out of the Bank of Hope LPGA Match-Play in Las Vegas.After following a win over Ally Ewing with a halved match with Kupcho in her first two round-robin matches at Shadow Creek, the Co Cavan star was tied for th...
Tags: Japan, Florida, England, Law, China, Sport, Golf, Korea, Las Vegas, Kim, Vegas, Coleman, Team USA, Cheyenne, Arizona State, Ewing


"What's the right age for juvenile criminals to be considered adults? Advocates and some states push it past 20."

The title of this post is the headline of this notable recent lengthy Des Moines Register piece. Here are excerpts: Four years ago, juvenile justice advocates celebrated a huge win: North Carolina ended its status as the last state in the nation that automatically considered anyone 16 years old or older an adult in the criminal justice system.  When North Carolina raised the age to 18, the change was more than a dozen years in the making.  Now, advocates are setting their sights — and their des...
Tags: Florida, Texas, Law, Massachusetts, Chicago, Missouri, Fine, Columbia University, Michigan, North Carolina, Illinois, Vermont, Chester, U S Supreme Court, Des Moines Register, U S Department of Justice


The new Florida law that fines tech platforms for removing politicians has a huge loophole for companies that own theme parks in the state

Florida Gov. Ron DeSantis Bill Clark/Getty Images Florida Gov. Ron DeSantis signed a new law targeting big social-media companies. Private citizens will be able to sue tech platforms for up to $100,000 if they've been treated unfairly. The rules protecting free speech do not apply to companies that own theme parks in the state. See more stories on Insider's business page. A specific exemption included in a new law signed by Florida Gov. Ron DeSantis continues to draw fire from crit...
Tags: Facebook, Twitter, Florida, Politics, Texas, News, Nbc, Law, Censorship, Disney, Trends, Social Media, Comcast, Internet Association, Miami, Silicon Valley


Morning Docket: 05.25.21

* An ethics opinion is permitting a lawyer to practice New Jersey law remotely from his home in Florida. This is a boon to "snow birds" everywhere... [Daily Business Review] * Van Jones claims Kim Kardashian is "going to be an unbelievable attorney." [Yahoo News] * A former drug dealer has been sworn in as an attorney by the same judge who told him to turn his life around. [Fox News] * Check out this article on participation of chambers of commerce in lower court proceedings. [Juris Lab] ...
Tags: Florida, Kim Kardashian, Law, Cbs News, New Jersey, Fox News, PPP, Pittsburgh, Chambers of Commerce, Yahoo News, Van Jones, Morning Docket, Daily Business Review, COVID-19, Juris Lab


Law School Canons: Ford – The New Personal Jurisdiction Quick Reference Guide

Editor’s Note: Avery Welker is a rising 2L at Mizzou and likely a future patent attorney. He authors a series linking law school canonical cases with intellectual property counterparts. You can email ideas for future posts to [email protected]  – Dennis Crouch By Avery Welker This past Spring semester, I had Civil Procedure II on my schedule. As taught this year, Civil Procedure II took us through personal jurisdiction, subject matter jurisdiction, and finished off with the Erie doctrine. Per...
Tags: Florida, Law, Ford, Patent, Ford Motor Co, Bristol Myers Squibb, Mizzou, Fla, Crouch, Middle District of Florida, Avery Welker, Dennis Crouch By Avery Welker, Montana Eighth Judicial Dist, Ford Upon, Galaxy America Inc, EZ Inflatables Inc


"Florida Gov. Ron DeSantis signed an anti-Big Tech bill on Monday that would stop social media companies from kicking users off their platforms and prevent online censorship."

"The legislation... would make it illegal to ban state political candidates from Facebook and Twitter and would dole out penalties of $250,000 a day on social media companies for any statewide candidate who is removed from a platform. De-platforming more local candidates would incur a fee of $25,000 a day. The bill also forces social media giants to give users notice seven days before they are likely to be banned and give them a chance to change their behavior and resolve the issue on the platf...
Tags: Facebook, Twitter, Florida, Law, Censorship, House, Silicon Valley, Washington Examiner, Facebook and Twitter, Ron DeSantis, Ann Althouse, DeSantis, Blaise Ingoglia, Parler


What must social media platforms do to comply with Florida’s Senate Bill 7072?

The media has been covering Florida’s new law ( Senate Bill 7072 ) targeting social media platforms, which Governor DeSantis signed today . The law is relatively complex and imposes a number of new obligations on social media platforms. The law is likely to face First Amendment challenges. And then there’s the Section 230 problem. In any event, through all the political noise surrounding the law’s passage, it is worth taking a careful look at what the statute actually says.  Findings T...
Tags: Florida, Law, Senate, Uncategorized, Disney World, DeSantis, Florida Election Commission, Florida Department of Justice


Benchmarking the Ontario Court System

Systems and entities can be evaluated by measuring inputs against outputs, and then benchmarked against peers to rank relative performance. This simplistic measurement tool may not indicate optimal performance (as a whole sector could be functioning poorly) but it can be helpful generally to identify the best and worst performing entities within a given peer group. It can likewise prove useful to identify areas in need of improvement, and when tracked over time, can identify trends in performanc...
Tags: Florida, New York, Law, Wikipedia, US, Toronto, Tesla, Fiat, Judiciary, Jordan, New York State, Ottawa, Ontario, Louis, Magna Carta, LSO


Remote Practice Not Unauthorized

The Florida Supreme Court approved an ethics opinion that an attorney's federal practice conducted out of his Florida home did not run afoul of unauthorized practice restrictions Thomas Restaino, an out-of-state licensed attorney, filed with the Standing Committee a request... [Author: Legal Profession Prof]
Tags: Florida, Law, Florida Supreme Court, Standing Committee, Legal Profession Prof, Bar Discipline & Process, Thomas Restaino


Court Rejects Content Moderators’ Lawsuit Over Traumatic Work–Garrett-Alfred v. Facebook

I’ve heard many tragic stories from content reviewers about the personal challenges associated with their jobs, both during and after employment. As heartbreaking as those stories are, it’s never been clear to me what legal remedies might apply to those situations. This ruling emphasizes that point. This lawsuit involves Facebook’s outsourcing of content moderation operations to Cognizant, which operated facilities in Arizona and Florida. The workers at these operations allege that they suffered...
Tags: Facebook, Florida, Law, Arizona, Facebook Inc, Fla, Content Regulation, Garrett Alfred


Girl who fought off kidnapper helped catch suspect thanks to 'Law & Order: SVU'

The 11-year-old Florida girl seen on shocking video fighting off a knife-wielding man reportedly knew to leave blue slime evidence on...
Tags: Florida, Law



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