Overlawyered http://overlawyered.com Chronicling the high cost of our legal system Thu, 30 Jul 2015 04:15:38 +0000 en-US hourly 1 http://wordpress.org/?v=4.2.2 Take that, authenticity http://overlawyered.com/2015/07/take-that-authenticity/ http://overlawyered.com/2015/07/take-that-authenticity/#comments Thu, 30 Jul 2015 04:15:38 +0000 http://overlawyered.com/?p=54474 Staffers from the New York City Commission on Human Rights comb Craigslist for improper job ads and hit pay dirt when they found one from the Indian restaurant Shalom Bombay seeking an “experienced Indian waiter or waitress.” A judge decided to cut the fine on the owners from $7,500 to $5,000; documents in the case […]

Take that, authenticity is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
Staffers from the New York City Commission on Human Rights comb Craigslist for improper job ads and hit pay dirt when they found one from the Indian restaurant Shalom Bombay seeking an “experienced Indian waiter or waitress.” A judge decided to cut the fine on the owners from $7,500 to $5,000; documents in the case noted the lack of any evidence that the ad had real-world consequences. The restaurant has been out of business for more than a year. [“Indian restaurant fined for trying to hire Indian waiter,” New York Post]

Tags: , , ,

Take that, authenticity is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
http://overlawyered.com/2015/07/take-that-authenticity/feed/ 0
Banking and finance roundup http://overlawyered.com/2015/07/banking-and-finance-roundup-7/ http://overlawyered.com/2015/07/banking-and-finance-roundup-7/#comments Thu, 30 Jul 2015 04:05:44 +0000 http://overlawyered.com/?p=54197 “Fee-shifting: Delaware’s self-inflicted wound” [Stephen Bainbridge, more] Needed: a new Delaware [Reuters] Fordham lawprof Sean Griffith fights trial bar on shareholder suits [Bainbridge, more] Goodbye, insurance (hugs). I think I’ll miss you most of all. [Bridget Johnson on anti-cinema, anti-stock-trading views of radical Islamist British activist and former lawyer Anjem Choudary] Rare coalition of bankers, […]

Banking and finance roundup is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
  • “Fee-shifting: Delaware’s self-inflicted wound” [Stephen Bainbridge, more] Needed: a new Delaware [Reuters] Fordham lawprof Sean Griffith fights trial bar on shareholder suits [Bainbridge, more]
  • Goodbye, insurance (hugs). I think I’ll miss you most of all. [Bridget Johnson on anti-cinema, anti-stock-trading views of radical Islamist British activist and former lawyer Anjem Choudary]
  • Rare coalition of bankers, housing advocates urges limits on mortgage-related suits [W$J]
  • “The Administrative State v. The Constitution: Dodd-Frank at Five Years” hearing includes testimony from Mark Calabria of Cato (law delegates vast authority to bureaucracy, has failed to generate clear rules for regulated parties) and Neomi Rao of George Mason (unconstitutionality of Consumer Financial Protection Bureau) [Senate Judiciary Committee, related on a CFPB constitutional challenge]
  • Do-it-yourself Operation Choke Point: letter from one Illinois sheriff shut down adult-ad credit card payments [Maggie McNeill, Daniel Fisher]
  • “Obama DOJ Channels Bank Shakedown Money To Private Groups” [Dan Epstein, Investors Business Daily]
  • “The U.S. listing gap” [Doidge, Karolyi, & Stulz NBER paper via Tyler Cowen, MR]
  • Tags: , , , , , ,

    Banking and finance roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2015/07/banking-and-finance-roundup-7/feed/ 0
    This land is my land http://overlawyered.com/2015/07/this-land-is-my-land/ http://overlawyered.com/2015/07/this-land-is-my-land/#comments Wed, 29 Jul 2015 22:16:03 +0000 http://overlawyered.com/?p=54472 “Kentucky man shoots down drone hovering over his backyard” [Cyrus Farivar, Ars Technica] Tags: aviation, guns, property law, property rights

    This land is my land is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    “Kentucky man shoots down drone hovering over his backyard” [Cyrus Farivar, Ars Technica]

    Tags: , , ,

    This land is my land is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2015/07/this-land-is-my-land/feed/ 1
    Contingency fees + IRS = sound policy? http://overlawyered.com/2015/07/contingency-fees-irs-sound-policy/ http://overlawyered.com/2015/07/contingency-fees-irs-sound-policy/#comments Wed, 29 Jul 2015 04:15:11 +0000 http://overlawyered.com/?p=54453 Yet again — we covered this issue last year — lawmakers on Capitol Hill are considering sending private debt collectors on contingency fee after those who owe money to the Internal Revenue Service. Here’s an issue where I can agree with Washington Post columnist Catherine Rampell: contingency fees and tax collection don’t make for a […]

    Contingency fees + IRS = sound policy? is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    Yet again — we covered this issue last year — lawmakers on Capitol Hill are considering sending private debt collectors on contingency fee after those who owe money to the Internal Revenue Service. Here’s an issue where I can agree with Washington Post columnist Catherine Rampell: contingency fees and tax collection don’t make for a good mix. Will we ever learn our lesson on law enforcement for profit?

    Tags: , ,

    Contingency fees + IRS = sound policy? is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2015/07/contingency-fees-irs-sound-policy/feed/ 3
    July 29 roundup http://overlawyered.com/2015/07/july-29-roundup-3/ http://overlawyered.com/2015/07/july-29-roundup-3/#comments Wed, 29 Jul 2015 04:05:29 +0000 http://overlawyered.com/?p=54075 Former NYT Peking correspondent Richard Bernstein, who now co-owns two nail salons, challenges Times blockbuster on prevalence of labor exploitation at NYC salons [New York Review of Books, Elizabeth Nolan Brown and followup, Times rebuttal] More details on how studios used Mississippi attorney general’s office as cut-out against Google [Mike Masnick, TechDirt, earlier here and […]

    July 29 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
  • Former NYT Peking correspondent Richard Bernstein, who now co-owns two nail salons, challenges Times blockbuster on prevalence of labor exploitation at NYC salons [New York Review of Books, Elizabeth Nolan Brown and followup, Times rebuttal]
  • More details on how studios used Mississippi attorney general’s office as cut-out against Google [Mike Masnick, TechDirt, earlier here and here, more on AG Jim Hood]
  • Of course licensing laws “are only there to protect consumers and are enforced in a totally neutral way that has nothing to do with viewpoints or political pull (lol).” [Coyote on Boston mayor’s “not welcome in our town” message to Donald Trump]
  • Speaking of Donald Trump, would his lawyer threaten litigation to intimidate reporter Tim Mak? Only in a totally classy way [Daily Beast, S.E. Cupp/New York Daily News (Cohen, 2011: “I’m going to come at you, grab you by the neck and I’m not going to let you go until I’m finished”), earlier from the vaults on Trump’s use of litigation]
  • Things class-action lawyers sue over: “Beggin’ Strips Don’t Have Enough Bacon” [Reuters, New York Post]
  • As Lois Lerner targeting scandal drags on, time for Congress to impeach IRS officials? [Mike Rappaport, Liberty and Law]
  • Welcome to AFFH-land: Bharara, on behalf of feds, says Westchester County should pay for not squeezing Chappaqua hard enough to approve housing project [Journal-News, earlier here and here]
  • Tags: , , , , , , ,

    July 29 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2015/07/july-29-roundup-3/feed/ 6
    Bloomberg on tort “lead generators” http://overlawyered.com/2015/07/bloomberg-on-tort-lead-generators/ http://overlawyered.com/2015/07/bloomberg-on-tort-lead-generators/#comments Tue, 28 Jul 2015 09:33:30 +0000 http://overlawyered.com/?p=53771 Missed this a couple of months back: how click-and-sue lead generators use Facebook, Big Data and call centers in India to rustle up plaintiffs for mass tort law firms [Bloomberg] Tags: chasing clients, Facebook, pharmaceuticals

    Bloomberg on tort “lead generators” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    Missed this a couple of months back: how click-and-sue lead generators use Facebook, Big Data and call centers in India to rustle up plaintiffs for mass tort law firms [Bloomberg]

    Tags: , ,

    Bloomberg on tort “lead generators” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2015/07/bloomberg-on-tort-lead-generators/feed/ 0
    “Jdate Sues Competitor Jewish Dating App For Using The Letter ‘J'” http://overlawyered.com/2015/07/jdate-sues-competitor-jewish-dating-app-for-using-the-letter-j/ http://overlawyered.com/2015/07/jdate-sues-competitor-jewish-dating-app-for-using-the-letter-j/#comments Tue, 28 Jul 2015 04:46:53 +0000 http://overlawyered.com/?p=54432 “Jdate’s parent company, Spark Networks, discreetly filed a lawsuit late last year against Jswipe, the ‘Tinder for Jews’ dating app, claiming intellectual property over the letter “J” within the Jewish dating scene (the company refers to the branding as the ‘J-family’). … [But there are] more Jewish apps that start with the letter ‘J’ than […]

    “Jdate Sues Competitor Jewish Dating App For Using The Letter ‘J'” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    “Jdate’s parent company, Spark Networks, discreetly filed a lawsuit late last year against Jswipe, the ‘Tinder for Jews’ dating app, claiming intellectual property over the letter “J” within the Jewish dating scene (the company refers to the branding as the ‘J-family’). … [But there are] more Jewish apps that start with the letter ‘J’ than New York school closings on Rosh Hashanah.” [Gregory Ferenstein]

    Tags: ,

    “Jdate Sues Competitor Jewish Dating App For Using The Letter ‘J'” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2015/07/jdate-sues-competitor-jewish-dating-app-for-using-the-letter-j/feed/ 3
    Bring Your Own Device legal exposure http://overlawyered.com/2015/07/bring-your-own-device-legal-exposure/ http://overlawyered.com/2015/07/bring-your-own-device-legal-exposure/#comments Tue, 28 Jul 2015 04:15:38 +0000 http://overlawyered.com/?p=54430 Businesses have grown dependent on the practice of employees’ using their own mobile devices in the workplace and for work. Yet the legal complications are rising, including a California appellate decision that “reaffirmed employer obligations to reimburse employees for work related mobile usage on personal devices.” In part because there is no standard metric for […]

    Bring Your Own Device legal exposure is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    Businesses have grown dependent on the practice of employees’ using their own mobile devices in the workplace and for work. Yet the legal complications are rising, including a California appellate decision that “reaffirmed employer obligations to reimburse employees for work related mobile usage on personal devices.” In part because there is no standard metric for breaking down an employee’s data usage bill into work-related and non-work-related portions, it is not easy to attempt tailored reimbursement practices to reflect changing usage: by one estimate, “just the processing of [a manually submitted] expense report alone costs a company between $18 and $29.” As a result, many employers simply settle on a ballpark figure, such as $70/month, as the reimbursement. “If those subsidies were even lightly scrutinized, they’d be deemed, at least partially, an employee benefit subject to taxation to subsidize Netflix and other personal habits.” Add-on services, for a cost, may serve to navigate between the demands of labor regulations on the one hand and tax authorities on the other. [vendor Ben Rotholtz, Forbes]

    Tags: , ,

    Bring Your Own Device legal exposure is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2015/07/bring-your-own-device-legal-exposure/feed/ 3
    “Occupy Albany: New York’s far-left attorney general” http://overlawyered.com/2015/07/occupy-albany-new-yorks-far-left-attorney-general/ http://overlawyered.com/2015/07/occupy-albany-new-yorks-far-left-attorney-general/#comments Mon, 27 Jul 2015 10:00:43 +0000 http://overlawyered.com/?p=54427 Just out: the New York Post excerpts my upcoming cover story in City Journal on business-bashing New York Attorney General Eric Schneiderman. The full piece is much longer and gets into a host of individual controversies omitted for space from this one. Tags: attorneys general, New York state, WO writings

    “Occupy Albany: New York’s far-left attorney general” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    Just out: the New York Post excerpts my upcoming cover story in City Journal on business-bashing New York Attorney General Eric Schneiderman. The full piece is much longer and gets into a host of individual controversies omitted for space from this one.

    Tags: , ,

    “Occupy Albany: New York’s far-left attorney general” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2015/07/occupy-albany-new-yorks-far-left-attorney-general/feed/ 0
    “Letter to a Young Social Justice Warrior…” http://overlawyered.com/2015/07/letter-to-a-young-social-justice-warrior/ http://overlawyered.com/2015/07/letter-to-a-young-social-justice-warrior/#comments Mon, 27 Jul 2015 04:15:42 +0000 http://overlawyered.com/?p=54422 “… RE: Your Request for a Formal Apology.” Seth Barrett Tillman, who teaches law at the National University of Ireland in Maynooth, points out that the specifically lawyerly skills of “learning to see the world as others see it” and adopting “arguments and conduct that are proportionate to the facts” are also valuable when expressing […]

    “Letter to a Young Social Justice Warrior…” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    “… RE: Your Request for a Formal Apology.” Seth Barrett Tillman, who teaches law at the National University of Ireland in Maynooth, points out that the specifically lawyerly skills of “learning to see the world as others see it” and adopting “arguments and conduct that are proportionate to the facts” are also valuable when expressing disagreement with others in legal academia. “If mere hurt feelings were a recognized injury, then no one could possibly disagree with anyone else, and all intellectual inquiry, in law and in other fields, would be at an end. You do see that, right?” Whole thing here.

    As I’ve noted elsewhere, I too have decided the time has come to demand a formal public apology. After I give thought to what might achieve the most virality on social media, I will settle on from whom and to whom over what.

    Tags: , ,

    “Letter to a Young Social Justice Warrior…” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2015/07/letter-to-a-young-social-justice-warrior/feed/ 2