Privacy buffs usually prefer for business practices to be opt-in (consumers participate only if they affirmative choose to) rather than opt-out (consumers are bound unless they affirmatively choose to exclude themselves). Yet when it comes to filing class action lawsuits over consumer privacy, what do they think those same lawsuits wind up doing? [Eric Goldman via Andrew Trask]
Archive for June, 2012
“Think carefully about ‘friending’ co-workers.”
Jon Hyman finds the National Labor Relations Board’s policy on social media in the workplace a “bungled mess.” More: Reed Smith.
June 11 roundup
- Nortel portfolio now used for offense: “How Apple and Microsoft Armed 4,000 Patent Warheads” [Wired]
- Via Bill Childs: “This shows up in Google News despite fact that it’s lawyer advertising.” [TheDenverChannel.com] At “public interest watchdog” FairWarning.org, who contributed this article about Canadian asbestos controversies? Byline credits a law firm;
- Another Bloomberg crackdown in NYC: gender-differential pricing in haircuts and other services [Mark Perry]
- A “Pro-Business Regulation Push” from Obama White House? Oh, Bloomberg Business Week, sometimes you can be so droll [Future of Capitalism]
- “Trial Lawyers’ Support of Republican Candidates Yields Less Than Stellar Results” [Morgan Smith, NY Times; Examiner editorial; more from TLRPac on Texas election results]
- “Community banks to Congress: you’re crushing us” [Kevin Funnell]
- If an emergency injunction could stop one reality-TV show, why couldn’t it stop them all? [Hollywood Reporter]
Department of Things You Hope Are a Joke
Turning governance of the Internet over to the United Nations system [The Hill, Josh Peterson/Daily Caller, more]
P.S. Oh joy: “U.N. could tax U.S.-based Web sites, leaked docs show” [Declan McCullagh and Larry Downes, CNet]
Self-proclaimed NYC “Queen of Torts”
She’s asking $30 million over a client’s dog bite. Have her subjects informed her about New York’s abolition of ad damnum clauses? [Eric Turkewitz, earlier]
Shareholder lawsuits: “Shark Attack”
The Economist on “Why American firms cannot do deals without being sued”:
In 2005, 39% of M&A deals were challenged by lawsuits, one study found. By 2011 a hefty 96% of acquisitions worth more than $500m were attracting suits…
J. Travis Laster of Delaware’s Chancery Court [has] become an outspoken public critic of “worthless”, “sue-on-every-deal” lawsuits. In March he told one group of plaintiffs’ lawyers: “I don’t think for a moment that 90%—or based on recent numbers, 95%—of deals are the result of a breach of fiduciary duty.”
“Angela Corey threatened to sue Harvard Law over professor’s criticism, educator says”
If Alan Dershowitz’s accusations are to be believed, the Florida prosecutor in the Trayvon Martin/George Zimmerman case behaved in grossly unprofessional fashion. [Jacksonville.com “The Gavel,” more, Jeralyn Merritt/TalkLeft]
Iditarod musher sues knife maker
Product liability reaches the famed Alaskan dogsled race:
Iditarod mushers are known for missing digits. …
When Mitch Seavey nearly lost his index finger last year in Ophir, however, his Iditarod was over. In a lawsuit in U.S. District Court, the former champion now says the blame lies with the Oregon company that made the knife he sliced his finger with, and Sportsman’s Warehouse, which sold it to him.
Attention! Citizens of Portland!
Your city is counting on you to report on neighbors who violate the recycling and composting rules by using the wrong bin. An army of anonymous informers cannot be defeated! [Tung Yin; OregonLive.com]
Prosecution roundup
- John Edwards mistrial is umpteenth setback for DoJ white-collarers; FEC’s failure to charge might have been tipoff [BLT] One lawyer on the campaign finance implications of the Edwards prosecution [David Frum]
- Jeralyn Merritt analysis of Martin/Zimmerman evidence dump indicates once again that Stand Your Ground issue is likely to prove a red herring [TalkLeft, earlier]
- Letter writer doesn’t care for my recent structuring-forfeiture op-ed [Baltimore Sun] More on civil forfeiture: when cops become robbers [Nita Ghei, Washington Times]
- Deferred prosecution and NPAs: “The Justice Department may be in the next cubicle” [Jim Copland]
- Converting tickets into “court costs”: ploy raises funds for courts in Atlanta and elsewhere [Consumerist via Alkon]
- When lawyers advise innocent clients to plead guilty [John Steele, LEF on Brian Banks case]
- “Jailtime for twittering on your office PC? The federal courts are split” [Appellate Daily via @andrewmgrossman] “12 steps for overcoming overcriminalization” [TPPF via Vikrant Reddy, Right on Crime]