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Despite the legal industry’s heightened focus on cybersecurity, data breaches remain a significant threat for law firms. That was one takeaway from the American Bar Association’s 2019 Legal Tech Report, released October 23. According to the ABA’s annual survey exploring tech use in the legal industry, 26% of law firms experienced a security breach of some kind, up from 23% in 2017. Even more (36%) have had malware or other virus infected on their computers....

In a murder prosecution, the dismissal of Petitioner’s habeas petition is reversed, where 1) Fed. R. Crim. P. 60(b)(6) motions may be predicated on intervening changes in the law; and 2) under Rule 24 of the California Rules of Court, a denial of a habeas petition is not final for 30 days after filing. Read Phelps v. Alameda, No. 07-15167 Appellate Information Argued and Submitted January 13, 2009 Filed June 25, 2009...

In a sex discrimination action brought by female prison inmates, district court grant of summary judgment for defendant is affirmed where: 1) the female inmates had standing to challenge the constitutionality of the two challenged gender-explicit statutes; 2) the evidence in the record raises no inference of gender discrimination in the decision-making process because the statutes in question substantially relate to the important government objective of providing adequate segregated housing for female inmates, and any equal protection claim arising out the inmates’ previous housing was mooted by their transfer to the Correction and Rehabilitation Center; 3) prison industry assignments were not subject to Title IX as the primary purpose of the program is employment, not education; and 4) the vocational education programs were within the scope of Title IX, and the district court did not err in finding that any differences in the programs offered men and women were a function of the location of the facilities and not gender discrimination....

Kwei Genego came to America to live free, but found himself in prison. He was convicted of third-degree burglary, but that was not his only problem. An immigration judge ordered he be deported for committing a crime of violence. In Genego v. Barr , the U.S. Second Circuit Court of Appeals said that is not the law anymore. Now Genego, a lawful permanent resident, gets to stay home. Grew Up Lawfully Genego, a native of Ghana, came to the United States when he was 11-years-old....

If you remember the film Minority Report, you know the world it portrayed wasn’t exactly paradise for people who value their civil liberties. In the 2002 film, the Washington, D.C., police department was able to eliminate murder through the use of “precogs,” mutated humans who could see into the future, allowing police to arrest murderers before they actually killed. The program had some flaws — to put it lightly — that made for a great Hollywood tale....

In a 42 U.S.C. section 1983 action alleging unlawful entry and excessive force by police, denial of summary judgment based on qualified immunity for defendants is affirmed where: 1) the presence of a domestic violence suspect did not alone justify defendant’s warrantless entry; and 2) on all the facts alleged, including the lack of exigent circumstances, the lack of an immediate safety threat, and the lack of active resistance to arrest, a jury could find that defendant’s use of force was not objectively reasonable....

Slip and fall injuries are much more dangerous for older adults than for anyone else. And they are, unfortunately, relatively common. The problem is that when an older person falls and breaks a bone, healing occurs more slowly or not at all. The risk of falling again can also be higher. A minor fall can easily mean a major life change for a person of advanced age. When a fall does necessitate full-time in-home care or a move to a nursing home, there is a lot to consider....

District court’s imposition of an enhanced sentence on a defendant convicted of being a felon in possession of a firearm, based on prior convictions, is vacated and remanded where: 1) under Begay and Woods, defendant’s conviction for first-degree reckless injury does not qualify as a crime of violence for purposes of section 2K2.1(a)(2); and 2) defendant’s second-degree sexual assault conviction should not have been used to increase his offense level under section 2K2....

Defendant’s RICO and drug conspiracy convictions are affirmed where: 1) because 18 U.S.C. section 1959(a)(1) provided that a person who “murders” in aid of racketeering may be “punished . . . by death,” the indictment for that offense “may be found at any time without limitation”; and 2) the evidence was sufficient to show that the RICO conspiracy alleged in the indictment existed. Read US v. Payne, No. 08-0837 Appellate Information...

Sentence for drug crimes and firearms possession is vacated and remanded where defendant’s prior conviction for involuntary manslaughter required only a finding of recklessness and does not constitute a crime of violence under the residual clause in U.S.S.G. sec. 4B1.2(a)(2), and defendant thus does not have the requisite number of predicate convictions to authorize sentencing him as a career offender. Read US v. Woods, No. 07-3851 Appellate InformationAppeal from the United States District Court for the Northern District of Illinois, Western Division....

With all the sangria red, canary yellow, and marmalade orange-colored leaves falling onto a world pining for Halloween, the time is now to turn off your inner scaredy-cat and ask yourself a pointed question. Will you be prepared to represent the next vampire who stakes out your office, the werewolf clawing its way into your courtroom, or the witch in need of a lawyer for a spell? Before you answer in the affirmative and give yourself a full-size candy bar, you might want to consider that other trick-or-treaters have boldly gone before you....

Dating back hundreds of years, the legal theory of in loco parentis (Latin for “in place of a parent”) has granted school teachers and administrators the same rights as parents when it comes to supervision and discipline at schools. And, for much of that time, corporal punishment – including spanking and paddling – was considered permissible at school, if not the explicit responsibility of teachers. The trend away from corporal punishment in schools worldwide has generally followed scientific research demonstrating its ineffectiveness, and, in fact, that such punishment can create and exacerbate behavioral problems as increased anger, aggression, tolerance for violence, and lower self-esteem....

Wouldn’t it be great if you could get paid to get ready for work? Imagine if the time you spent showering and getting changed (or as the courts like to say “donning and doffing”) would be considered “work.” Sounds crazy at first – until you realize the types of chemicals and compounds that some workers are exposed to, and the necessity of showering and changing. In that instance, it seems perfectly logical....

The lawyer in the Oscar-nominated Martin Scorsese film “The Wolf of Wall Street” has sparked a $25 million lawsuit against the producers. The lawsuit centers on the portrayal of Nicky “Rugrat” Koskoff, played by actor P.J. Byrne. Real-life lawyer Andrew Greene claims he is the real “Rugrat” and was portrayed as a toupee-wearing, degenerate drug user – without consent. ‘Rugrat’ “The Wolf of Wall Street” is a drug-addled story of New York stock broker Jordan Belfort’s downfall in a massive securities fraud case....

Though Judge Weinstein means well when he quotes the Bible and wants leniency for a particular defendant convicted of distributing child pornography, he may be standing alone. “[T]hou shalt not let any of thy [children] pass through the fire to Molech,” he recites in his Memorandum and Order, but it seems he’s overlooking one important fact. The defendant, though a minor when he started his crimes, was 19 when he committed the crime he was convicted of....

Thomas Yadlosky was a hugger, to say the least. According to allegations in Minarsky v. Susquehanna County, he was also a sexual harasser at work. He allegedly sent Sheri Marinsky sexually explicit email, tried to kiss her on the lips, and embraced her from behind. She wanted none of it, but didn’t complain to her employer. The U.S. Third Circuit Court of Appeals, ruling in her favor, said it’s about #MeToo time....

This post was updated on March 30, 2022 Your estate plan is your legal legacy. You can make many end-of-life plans on your own, but you may still need an experienced estate planning lawyer to assist you in several more complex areas. An estate plan is a lot more than just a list of your assets and who gets them when you die. Your wishes might be relatively simple — “I want everything to go to my kids” — but sometimes complications can arise....

This past year has been filled with SCOTUS decisions, like nearly every year before it, that have resolved some pretty big issues. One big notable change at the Court this year includes the introduction of electronic filing. Below, you can reminisce and remind yourself about some of the other more notable decisions of 2017. While some members of the Court did not believe the death penalty should be used at all, the justices pretty much all agreed that a convicted murderer could not avoid the death penalty for forgetting the crime due to his medical condition....

Darnell Boyce was convicted of five state felonies in 1991, and served concurrent sentences. After he served his sentences and was on supervised release, he was arrested and convicted of unlawful use of a weapon. As a result, he returned to prison, and his supervised release was revoked. After he was released for the unlawful use of weapon charge, he received a letter restoring his civil rights to vote and hold state office....

More than a year after Justice Scalia’s passing, the Supreme Court is poised to return to a full nine-justice bench. Neil Gorsuch, Donald Trump’s Supreme Court nominee, was confirmed by a divided Senate just moments ago. His wasn’t the smoothest path to 1 First Street NE, involving a series of unprecedented conflicts – the blocking of Merrick Garland’s nomination by Republicans, the Democratic filibuster, the Senate’s “nuclear option” – but Gorsuch has made it to the bench, if a bit bruised by the journey....