Archive for May, 2009

Risks of getting sued for blogging

The WSJ notes that online comments, bulletin boards and chatrooms, and social media of all kinds present a risk, not to mention blogging: “Though the likelihood of a plaintiff winning a lawsuit is not high, ‘you could go bankrupt’ just from defending against them, says Miriam Wugmeister, a partner at Morrison & Foerster LLP and a privacy and data-security law expert.”

Symposium: “Replacing Justice Souter”

I’m one of the participants in an online symposium at Reason on who can, should or will serve as President Obama’s Supreme Court nominee. I have kind words for Walter Dellinger III, mixed views on “empathy”, and predict that the current surge of activist federal economic policy will contribute to the Court’s docket in coming years. The full list of participants: Radley Balko, Alan Gura, Wendy Kaminer, Manuel Klausner, Judge Andrew Napolitano, Walter Olson, Roger Pilon, Glenn Reynolds, Damon W. Root, Ilya Shapiro, Harvey Silverglate, Ilya Somin, and Jacob Sullum.

Don’t

Maybe we need to create some “super-Don’t” label for when a story like this comes along: “A defense attorney and former federal prosecutor whose clients have included rap stars and a soldier at the Abu Ghraib prison in Iraq was charged Wednesday with arranging the killing of one witness and trying to hire a hit man to kill another.” [AP/1010WINS]

“Lawyer charged with stealing over $600,000 in client settlement money”

According to Manhattan D.A. Robert Morgenthau, New York lawyer Marc Bernstein “settled these cases pretty cheap, then took the money and ran.” [NY Daily News, press release] Meanwhile: “Prominent Arkansas plaintiffs securities lawyer Gene Cauley is expected to plead guilty for failing to pay clients $9.3 million in settlement funds he was supposed to be holding as their escrow agent.” [ABA Journal, earlier] According to a report dated February (PDF) from the ABA’s Center for Professional Responsibility, New York is among the states that have adopted payee notification reforms intended to catch this category of fraud at an early stage; Arkansas has not. For more on payee notification, see my 2006 paper with Peter Morin.