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District court’s imposition of an enhancement under U.S.S.G. section 2G2.2(b)(3)(B) on a defendant convicted of transportation and possession of child pornography is affirmed where, although defendant did not have an explicit agreement or precise bargain with the woman, the content of his conversations lead to the conclusion that he reasonably anticipated or believed that his exchange of child pornography would result in a sexual encounter with the woman and her children....

When you’re looking for an attorney, you may be confronted by a confusing slew of letters after someone’s name, including “J.D.” and “Esq.” While those abbreviations are both associated with legal professionals, their meanings aren’t exactly the same. The difference between J.D. and Esq., as commonly used in the United States, is the ability to practice law. What’s the Definition of J.D. (Juris Doctor)? “J.D.” stands for Juris Doctor – also known as a law degree....

Thinking like a lawyer will not help with your firm’s cybersecurity. For that, you have to think like a hacker. It takes a hacker’s mindset to take advantage of vulnerabilities, back doors, and poorly designed systems. One more thing, if you think you are better than the average tech expert, you are the perfect target. That’s because the average hacker uses robots that are smarter than you. Robot Hackers Jeff Moss, a security advisor to Homeland Security, says that everyone is at risk....

“NEED A LAWYER?” the ad blared on a New York City A subway train. “Call CRAZY RUDY.” It helpfully includes “Back-Channel Deals,” “Cable News Appearances,” and “Has NO SHAME” as assets, listed next to a photo of a surprised-looking old man with his mouth open. That old man? Former New York City Mayor and current pro bono personal attorney for President Donald Trump, Rudy Giuliani. The president’s counsel has come under withering scrutiny for his role in Ukraine negotiations at the heart of the recently opened impeachment inquiry, as well as his ubiquitous television appearances and tweets....

As hearings resumed in the U.S. Supreme Court this month, echos from the court played on a ‘More Perfect’ podcast. The show, entering its second season, tells the backstories of famous and lesser-known Supreme Court cases. This season opened with an episode about Korematsu v. United States. It’s the 1944 decision that validated the U.S. government’s internment of Japanese-Americans during World War II. It has been called one of the High Court’s worst decisions, but suddenly is relevant again – and not because it’s on a podcast....

Justice Clarence Thomas celebrated 25 years on the Supreme Court this week. The justice joined the Court a quarter century ago, surviving a bruising nomination battle to become one of the Supreme Court’s most consistent conservative voices. Yet, after so many years on the Court, there is significant debate about Thomas’s legacy and his impact on American law. Is he a voice in the wilderness? A herald of jurisprudential changes to come?...

Whether you love, hate, or love to hate, Michael Avenatti, the latest legal drama surrounding the celebrity-lawyer (or maybe lawyer-celebrity?) involves criminal charges for wire/bank fraud, and extortion stemming from an unusual demand the lawyer made of Nike. However, with what’s currently known, it sounds like there could be even more legal drama to follow, as is the usual way for Avenatti, who seems to be a lightning rod for media attention....

This post was updated on November 24, 2020. Maybe your parents let Thanksgiving slide this year because of the coronavirus pandemic. But, you are coming home for Christmas, right? Holiday travel is stressful in the best of years. But there is an added wrinkle in many states this year: the self-quarantine. To try and control the spread of COVID-19, which is again raging across a vast swath of the country, several states are setting up quarantine requirements for new arrivals....

Chicago, though not the largest city in the U.S., leads the country in gun violence, according to Reuters. And, while Illinois and Chicago have taken big steps to limit gun rights, many of the laws on the state and city level have been struck down on Second Amendment grounds. The series of setbacks began in 2010 when the Supreme Court ruled that Heller applied to state and local laws, and overturned Chicago laws that prohibited individuals from owning guns....

Civil Rights Action Alleging Medical Indifference In Christian v. Wagner, No. 09-2417, an action by a former pretrial detainee at the Johnson County (Iowa) Jail, against several jail employees in their individual capacities, alleging that plaintiff suffered an adverse reaction to a cleaning product used at the jail, the court affirmed judgment for defendants where 1) the jury reasonably determined that plaintiff failed to establish a serious medical need while incarcerated; and 2) the district court did not err by not instructing the jury on a conditions of confinement claim distinct from a claim based on denial of medical care....

Class action lawsuits involve too much uncertainty to make the average, risk-adverse attorney comfortable. Discovery, alone, could continue for years, and the plaintiffs’ attorney may never see a dime. A far more profitable, albeit unethical, law firm model? Hang out a shingle as a plaintiff’s attorney, and then work out a deal with the defendants your clients want to sue so that the defendants pay you to persuade the plaintiffs to drop the case....

After all that Charles Murphy suffered at the hands of prison guards, his case is going to the U.S. Supreme Court over another issue: attorney’s fees. The High Court has docketed the case, Murphy v. Smith, to decide whether a portion of a judgment means “up to 25 percent” or “exactly 25 percent” for attorney’s fees under 42 U.S.C. Section 1983. The U.S. Seventh Circuit Court of Appeals said that Murphy has to pay 25 percent of the fees from his award....

Dentists have a new reason to smile after the Second Circuit upheld Connecticut regulations requiring that certain teeth-whitening procedures be performed only by licensed dentists. The procedure in question involves shining a low-powered LED light into a customer’s mouth for 20 minutes, so it’s not exactly major surgery – but it’s risky enough to justify the restriction and survive rational basis review, the Court ruled. The court’s highly deferential ruling means that it will be a bit harder to get whiter teeth on the cheap in Connecticut....

The Ninth Circuit issued five opinions, all dealing with criminal matters. Three involved the capital murder conviction and sentence of the same defendant, and the other two concerned immigration issues. In Rhoades v. Henry (Haddon), No. 07-35808, a capital habeas matter, the court of appeals affirmed the denial of petitioner Paul Rhoades’ habeas petition on the grounds that 1) the deposition testimony and affidavits of both counsel supported the district court’s finding that petitioner failed to show that defense counsel lacked the information contained in an allegedly withheld report; 2) petitioner pointed to no evidence that the judge was unable to preside over his case in a fair and impartial manner; and 3) petitioner offered insufficient authority to justify the application of a heightened standard of reliability to guilt phase issues....

A Pennsylvania death row inmate has been playing tug-of-war with his death sentence in the courts. Now, the Third Circuit Court of Appeals has reinstated his death sentence, after the District Court had earlier vacated it. The District Court found that David Copenhefer had no prior criminal record and that this served as a mitigating factor in his death sentence. This factor, the District Court found, wasn’t taken into full account by the trial court during his sentencing phase....

In 1869, Arabella Mansfield became the first woman admitted to practice law in the United States. Since then, little has changed at some law firms. The Mansfield Rule hopes to change that. The rule is a commitment law firms make to consider women, minorities, and other underrepresented people for jobs and leadership roles. According to reports, scores of law firms have made the pledge. Shouldn’t your outside counsel follow the Mansfield Rule?...

Mutuku v. Holder, No. 05-73609, involved a petition for review of the BIA’s dismissal of petitioner’s appeal of the immigration judge’s (“IJ”) denial of her claims for asylum, withholding of removal, and relief under the Convention Against Torture. The court of appeals granted the petition in part, holding that 1) the IJ’s adverse credibility finding was premised on a clearly erroneous factual finding; and 2) substantial evidence did not support the IJ’s finding that conditions in Kenya had improved for members of the Democratic Party to such an extent that petitioner no longer had a well-founded fear of returning to Kenya....

A recent dissent issued from the High Court without a majority opinion at all. The case wasn’t even argued. Rather, the dissent, written by Justice Ginsburg and joined by Justice Kagan, explained that the majority was flat out wrong to reject the North Dakota voter ID challenge. In short, North Dakota passed a voter ID law that required voters to show a valid state ID with a street address at the polls....

Everybody knows what the “F” word is, but shouldn’t you spell it out in court? For example, if a defendant used the word as a threat, it just doesn’t sound the same to quote: “I’m going to F-word you up!” It could make an emotional difference to a jury. On the other hand, it could offend listeners more than it’s worth – especially if the judge is listening. That’s why it’s a good idea to hear what the U....

In an ERISA action for breach of fiduciary duty through the diversion of corporate assets, a preliminary injunction in favor of plaintiffs is affirmed where the district court did not abuse its discretion when it enjoined advancement of defense costs and froze defendant’s assets; but the matter is remanded to allow the district court to set the terms and conditions of a surety bond sufficient to secure defendants against any harm that might wrongfully befall them as a result of the issuance of the injunction....