jackybetman: May 2014

Saturday, May 31, 2014

Minneapolis attorney William Butler has been suspended from practicing law in the federal appellate court of the 8th Circuit and the federal court for Minnesota.

Last summer, Chief Judge Michael Davis asked retired Judge James Rosenbaum to investigate Butler’s fitness to appear before this court and to make a disciplinary recommendation. Butler has been hit with more than $300,000 in sanctions by the federal judges in Minnesota.

He defends people whose homes have been foreclosed on. He routinely argues that that mortgage companies do not have clear title to the original notes, therefore the foreclosure is illegal. That argument has been repeatedly rejected in court.

In an order, the court said he uses delay tactics and shops for judges by dismissing lawsuits and them immediately refiling them. In one instance he shuffled the plaintiffs and refiled the same suit with a different lead plaintiff. The court estimated he has filed more than 30 frivolous lawsuits and to date has not paid any of what he owes.

The Appeals Court said he will remain suspended until he pays the sanctions to the Minnesota federal court or the court finds he has “substantially complied with his obligations to it.” Davis said he will not lift his suspension until the Appeals Court reinstates Butler.

Source: http://minnlawyer.com/minnlawyerblog/2014/01/16/attorney-william-butler-suspended/

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Captain America

Go see Captain America this weekend! Support our Colin!

I went to the premiere on Tuesday and it was the coolest thing ever. First, the movie is AMAZING and Chris Evans is a superstar. Second, there were so many damn people there it was insane. I have been to movie premieres in New York before and they were nothing like this. I mean, they closed down Hollywood Boulevard. I would've taken photos to show you, but the invite said to leave phones in the car. But here's a photo of me in my cool Captain America 3D glasses:

(Sit down, stop jumping around, it's an awesome picture, I know. And the quality is amazing. It's not grainy or reddish... it's perfect.) (No, it's not.)

(And you can totally see the Captain America logo on the side of the glasses.) (No, you can't.)

Anyway, Captain America is pulling a strong 71% fresh rating on Rotten Tomatoes right now so GO SEE IT! IT'S FANTASTIC!

Source: http://www.prettyinthecity.com/blog/2011/7/22/captain-america.html

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LawBiz® Legal Pad: Selling Your Practice in the Internet Age, Part 2

Ed continues his discussion of the issues involved in selling a law practice.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/urgwN0OoUaM/

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Conviction Remanded For Discrimination Against Jurors

A federal appeals court ordered a Boston federal judge to hold an evidentiary hearing into whether a Massachusetts state prosecutor's exclusion of three young black men from a jury was unconstitutional.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202657240997&rss=newswire

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Mariah Carey ‘Me. I Am Mariah… The Elusive Chanteuse’ Review Roundup

Mariah Carey’s new album is ‘Me. I Am Mariah… The Elusive Chanteuse’ and, as fans know all too well it is her first new album in five years. Long awaited, yes, and now the music critics are weighing in. Find out what they have to say.

‘Me. I Am Mariah… The Elusive Chanteuse’ is her fourteenth album and it is the first since the 2009 release, ‘Memoirs of an Imperfect Angel.’ While that is a few years, it’s not quite so long that we must give it the obligatory “comeback” appellation, but yet in many ways it is a comeback.

While Mariah Carey has never disappeared from headlines, she has been more of an inhabitant of the celebrity realm, with the birth of twins, and with it the typical fanfare that ensures as celebrity watchers begin to scrutinized the baby bump, the baby pictures and, of course, the post-baby body debut.

But with one album Mariah Carey has reminded everyone of why she is above all a pop music diva, and deservedly so. Needing no gimmicks, just an incredible voice of immense range, expression and power. Critics are giving her mostly positive reviews, indeed, quite a few rave reviews.

Here’s a roundup.

“….Working with longtime collaborator Jermaine Dupri, Carey front-loads the track list with midtempo R&B and soulful torch songs that spotlight her best asset: That Voice….” — Entertainment Weekly

“….Whether in more elegant ballads, or most assertive R&B songs, the new tunes give Carey more to play with than usual. It’s as if she’d been listening to Beyonce’s albums, gaining tips for how to bridge trendy music with the classic type. Even a hip-hop influenced ditty like “Thirsty” has a broad tune. Contrary to its title, the new album may be Carey’s least elusive work. Rarely has she made her talent more clear. …” — New York Daily News

“….Admittedly, there’s a good deal of clutter: not just 90s R&B throwbacks such as You’re Mine (Eternal) and a gospelised cover of George Michael’s One More Try, but an appearance by her three-year-old twins. Yet she’s also at her most soulful and melodic, and the best of the bunch, such as the dreamy 70s disco of Meteorite, make this album a welcome return….” — The Guardian

“….The usual, more or less. Musically, it’s her typical mix of pop-classicist balladry and hip-hop-tinged summer jamming, and if Carey doesn’t exactly go strutting into new territory, it’s because she knows most people like her right where she is….” — Billboard

“…Me. I Am Mariah… The Elusive Chanteuse” finds Carey revisiting days gone by, both in terms of musical styles and collaborators like Jermaine Dupri, Bryan-Michael Cox and Rodney Jerkins. The result is a refreshing rebound from 2009′s so-so “Memoirs of an Imperfect Angle.”….” — The Cleveland Plain Dealer

“….Me. I Am Mariah…The Elusive Chanteuse (which should count as a self-titled album) finds her owning her multiple personalities, minus the caricature. It’s a successful merger of her opposing images: the forever-young R&B star known to skate at a theme park in daisy dukes and the balladeer who finger-wags behind a mic in a gown. …” — VIBE

“….So what’s most striking about Carey’s new album — titled, rather insistently, Me. I Am Mariah …The Elusive Chanteuse…is how relaxed and confident she sounds. Gone is the self-consciousness that marred her last studio album, 2009′s Memoirs of an Imperfect Angel. Instead, Carey — whose delays of Chanteuse’s release date inspired predictable hand-wringing (as did the less-than-spectacular performance of the lead singles) — gives the impression that her only concerns are meeting her own standards, and those of the fans who have stuck with her through everything. …” — USA Today

While Beyonce was a game changer in surprising the entire world — including music industry insiders — with a surprise album, Mariah Carey, on the other hand, has delivered a surprise all her own for the skeptics and the detracters, in meeting if not exceeding expectations and hopes.

Pictures: PR Photos

Source: http://feedproxy.google.com/~r/RightCelebrity/~3/gfUK8VNdGkk/

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NYC Screening with Marie Claire

There was a screening in New York last night hosted by Marie Claire magazine. Here I am:

Milly Jacket, Theory blouse, J Brand jeans, Chloe shoes, Kate Spade earrings, and the handbag was a gift from my friend Caprice!

Source: http://www.prettyinthecity.com/blog/2011/9/28/nyc-screening-with-marie-claire.html

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Officer Safety and Second Hand Smoke

Via John Wesley Hall at Fourth Amendment, a decision out of the 10th Circuit that puts an end to the pressing question of whether second hand smoke presents a sufficient justification to circumvent the 4th Amendment and enter a home without a warrant. Lest you think this is too ridiculous to be worthy of consideration, bear in mind this is on appeal, the district court having denied suppression.

In United States v. Mongold, Special Agent Ashley Stephens (who apparently is male) of the Bureau of Alcohol, Tobacco, and Firearms (“ATF”) was investigating Claudia Moore, whom she knew to be a felon from prior dealings, for drug dealing. After conducting observations, she, together with three other agents, went to Moore's apartment to conduct a "knock and talk," since she lacked probable cause to get a warrant.

Aside: For those unaware, a "knock and talk" is a means of circumventing the warrant requirement by relying on submission to the shield, lies, fear and the possibility that the agents might either see or cause something to happen to give rise to an exception to the warrant requirement that would allow them to enter a home. And yes, it's been held to be perfectly lawful since anyone, cop or Fuller Brush salesman, can knock on your door and say "hi." Or scream "police", as the case may be.

According to the testimony, Stephens heard "scurrying and shuffling" inside the apartment upon her knocking on the door, "which immediately caused us concern." A male voice asked who it was, and after he responded "police," there were "loud movements" and a "short delay" before Mongold opened the door. That's when the bad stuff happened.

After the delay, Mr. Mongold, who had been living in the home for several months, opened the door. Agent Stephens smelled marijuana and recognized what he believed were prison tattoos on Mr. Mongold. Agent Stephens asked for Ms. Moore. Mr. Mongold told him that he would go get her and turned to walk to the back of the house to find her. The officers followed him inside even though they did not have permission to enter the house.

Once inside, they saw ammunition. Knowing that Moore was a prior felon, possession of ammunition was a crime, and it went downhill from there. Mongold, Moore and her two adult children subsequently consented to a search of the place, which found drugs and guns.

The defendant moved to suppress before the district court, based on the initial warrantless entry. The government's argument below was that the smell of marijuana, combined with the "prison tats" on Mongold's arm, suggesting that he too was a felon, created a justifiable fear of officer safety, which allowed for Stephens to enter for a protective sweep. The court below also held the entry justified under exigent circumstances to preserve evidence.

The Circuit wasn't as impressed. While the court acknowledged that the smell of marijuana is accepted as a basis to believe there is pot inside, it merely gives rise to a belief that it's basic possession of marijuana.

Based on the foregoing, if marijuana possession is the only crime for which the officers in this case had probable cause, the exigency exception for destruction of evidence should not apply because marijuana possession is not a serious crime.

But that wasn't the only argument. There remained their deep concern for the safety from the smell (yes, I'm being facetious calling it "second hand smoke," because it's unclear whether the smell is smoke or fresh pot, and the opinion really has nothing to do with the second-hand smoke aspect in any event).

At the suppression hearing, Agent Stephens argued that he feared for his and the other officers' safety because the home's owner, Ms. Moore, was a known felon, and he suspected Mr. Mongold was a felon as well, based on his "prison tattoos."

Officer safety is not an alternative ground to affirm because the first element of the test is dispositive. The Government presented no evidence that the officers had "reasonable grounds to believe that there [was] immediate need to protect their lives or others." Before entering the home, the officers had not seen a weapon or any other indication of heightened danger.

Even the use of cool active verbs ("scurrying"), curious descriptors ("loud movements") and expressions of deep concern reflecting both the terrible, life-and-death dangers of conducting a "knock and talk" to circumvent the Constitution, didn't sway the court. Instead, the court reached the conclusion of remarkably wisdom:

They could most easily have protected the officers' safety by leaving Ms. Moore's home, not by entering it.

An idea so radical, so outlandish, that it never occurred to either the agents or the prosecutors: walk away. While this might make for good fodder to be chiseled into the lintels over courthouses everywhere, the bad news is that the opinion, while persuasive, is not precedential:

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value.

This, of course, means that the next time a second-hand smoke case arises, the district judge may not be willing to adopt such a radical concept as expecting the agents to walk away rather than conduct a warrantless search of a home after smelling marijuana or seeing prison tats, because they're very scary to agents.

And don't discount the possibility that if the odor was of burning pot, the agents would be authorized to break down the door to protect themselves from the second hand smoke. Truth is, this opinion doesn't preclude such a holding at all. It could still happen.

© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2013/07/13/officer-safety-and-second-hand-smoke.aspx?ref=rss

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Ariana Grande’s ‘Problem’ Music Video with Iggy Azalea is a Trip Back to the ’60s with Miniskirts

Ariana Grande’s ‘Problem’ music video has debuted. The pop music diva and her Iggy Azalea, her guest artist, take us on a dazzling trip back to the 1960s, with mini-skirts and psychedelic visuals and Big Sean drops in for a cameo appearance.

The 20-year-old Ariana Grande has made the transition from Nickelodeon star to pop music star with a successful debut album, ‘Yours Truly,’ that debuted at No. 1. But with another album already on the way, she’s not finished dominating the charts, as her new song ‘Problem’ produced by Max Martin has already reached No. 1 on the Billboard Hot 100. Australian rapper, Iggy Azalea, her guest artist has a hit of her own that’s ruling the charts, as ‘Fancy’ hits No. 2 and may yet top ‘Problem.’ Either way, it seems our songs of the summer have two strong contenders already.

The song is infectious and its hook will linger with you, ‘I got one less, one less problem / One less problem without ya’

Now there’s an exciting music video to go along with it that gleefully takes a headlong dive into the 1960s. It’s engaging, and with a literal blizzard of stripes and other visual effects that some may find trippy.

And yes, the pop diva — in the very best sense with her amazing, multi-octave vocal range — Ariana Grande is decked out in a mini-skirt and Go-Go boots that evoke Nancy Sinatra and the iconic song ‘These Boots Are Made For Walkin” Iggy Azalea, who’s been lately a fashion icon, makes a memorable appearance as well, in full fledged ’60s mode.

One might wonder, why that particular decade, why the costumes and the sexy dancing, but as is so often the case with music videos it’s a matter of “why ask why?!” The video has gone viral and you can see it in its entirety below!

Pictures: PR Photos

Source: http://feedproxy.google.com/~r/RightCelebrity/~3/eOSy110K2rY/

Amber Heard Amber Valletta America Ferrera Amerie Amy Cobb

Officer Safety and Second Hand Smoke

Aside: For those unaware, a "knock and talk" is a means of circumventing the warrant requirement by relying on submission to the shield, lies, fear and the possibility that the agents might either see or cause something to happen to give rise to an exception to the warrant requirement that would allow them to enter a home. And yes, it's been held to be perfectly lawful since anyone, cop or Fuller Brush salesman, can knock on your door and say "hi." Or scream "police", as the case may be.

After the delay, Mr. Mongold, who had been living in the home for several months, opened the door. Agent Stephens smelled marijuana and recognized what he believed were prison tattoos on Mr. Mongold. Agent Stephens asked for Ms. Moore. Mr. Mongold told him that he would go get her and turned to walk to the back of the house to find her. The officers followed him inside even though they did not have permission to enter the house.

Based on the foregoing, if marijuana possession is the only crime for which the officers in this case had probable cause, the exigency exception for destruction of evidence should not apply because marijuana possession is not a serious crime.

At the suppression hearing, Agent Stephens argued that he feared for his and the other officers' safety because the home's owner, Ms. Moore, was a known felon, and he suspected Mr. Mongold was a felon as well, based on his "prison tattoos."

Officer safety is not an alternative ground to affirm because the first element of the test is dispositive. The Government presented no evidence that the officers had "reasonable grounds to believe that there [was] immediate need to protect their lives or others." Before entering the home, the officers had not seen a weapon or any other indication of heightened danger.

They could most easily have protected the officers' safety by leaving Ms. Moore's home, not by entering it.

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value.

Source: http://blog.simplejustice.us/2013/07/13/officer-safety-and-second-hand-smoke.aspx?ref=rss

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Angelina Jolie: Maddox Has a Girlfriend

Source: http://feeds.celebritybabies.com/~r/celebrity-babies/~3/DT4f0H6AtZE/

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Justice Dept. Seeks More Than $10 Billion Penalty From BNP Paribas

The U.S. Justice Department is pushing BNP Paribas SA to pay more than $10 billion to resolve a criminal probe into allegations it evaded U.S. sanctions against Iran and other countries for years, which would represent one of the largest penalties ever imposed on a bank, according to people familiar with the negotiations. A final [...]

Source: http://blogs.wsj.com/law/2014/05/29/justice-dept-seeks-more-than-10-billion-penalty-from-bnp-paribas/?mod=WSJBlog

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Ariana Grande’s ‘Problem’ Music Video with Iggy Azalea is a Trip Back to the ’60s with Miniskirts

The song is infectious and its hook will linger with you, ‘I got one less, one less problem / One less problem without ya’

Pictures: PR Photos

Source: http://feedproxy.google.com/~r/RightCelebrity/~3/eOSy110K2rY/

Amerie Amy Cobb Amy Smart

Hookah Copyright Claim Goes Up in Smoke

Although available in various designs and colors, the shape of a hookah's water container is not copyrightable, according to a federal appeals court.

Source: http://www.nationallawjournal.com/id=1202637627585?rss=rss_nlj

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Stranger Danger

My sister recently had a talk with my four-year-old nephew Jack about strangers. Here's how it went:

SISTER: Now, Jack, if a stranger says, "Come here, I want to show you something," what do you do?

JACK: I turn around and run!

SISTER: If a stranger says, "Come here, I want to give you some candy," what do you do?

JACK: I turn around and run!

SISTER: If a stranger says, "Come here, I want to show you my puppy," what do you do?

JACK: Oh, I love puppies...

Source: http://www.prettyinthecity.com/blog/2011/7/26/stranger-danger.html

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Grazing Limits Feed Tension in Nevada; Court Upholds Ban on Fish Pedicures

The AM Roundup: Law Blog rounds up the morning's news.

Source: http://blogs.wsj.com/law/2014/05/28/grazing-limits-feed-tension-in-nevada-court-upholds-ban-on-fish-pedicures/?mod=WSJBlog

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The LA Clippers Basketball Team Has Been Sold For $2 Billion Dollars

In just about a month’s time, LA Clippers owner Donald Sterling was forced to sell his ownership of the NBA basketball team in the wake of the revelation of racist comments that he made to his former girlfriend/assistant. On April 29, Donald Sterling was banned for life from the NBA and was fined $2.5 million [...]

Source: http://www.pinkisthenewblog.com/2014-05-30/the-la-clippers-basketball-team-has-been-sold-for-2-billion-dollars

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Anti-Bush Protesters Lose Free-Speech Case

The Supreme Court ruled Tuesday that protesters of former President George W. Bush can’t proceed with a long-running lawsuit claiming Secret Service agents treated them differently than pro-Bush demonstrators during a 2004 campaign stop.

Source: http://blogs.wsj.com/law/2014/05/27/anti-bush-protesters-lose-free-speech-case/?mod=WSJBlog

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This Is Your Inspirational Video of the Day

Thirty-three-year-old Barney Miller is an Australian surfer. He’s also a quadriplegic. Red Bull posted a video profiling a day in his life as a way to raise awareness about spinal cord injury research. The clip starts with him brushing his teeth and ends with Barney riding waves with his buddies. So far it’s been watched more than 130,000 times on YouTube, and once you push “play” you’ll understand why.

Source: http://www.ivillage.com/viral-video-inspirational-surfer-video/1-a-564038?dst=iv%3AiVillage%3Aviral-video-inspirational-surfer-video-564038

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Friday, May 30, 2014

Payout Resolves Objections to $1.6B Toyota Settlement

Some of the most vocal objectors to the $1.6 billion settlement with Toyota Motor Corp. have agreed to drop their challenge in exchange for $1.5 million to research electronics systems used in cars.

Source: http://www.nationallawjournal.com/id=1202637032014?rss=rss_nlj

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Pugs Recreating 'Die Hard' Is the Best Way to Start Your Week

Despite your thoughts on the 1988 Christmas classic Die Hard, you haven't really seen the film until you've seen a pudgy, lovable pug take over Bruce Willis' role as Detective John McClane.

Source: http://www.ivillage.com/pugs-recreating-die-hard-best-way-start-your-week/1-a-564388?dst=iv%3AiVillage%3Apugs-recreating-die-hard-best-way-start-your-week-564388

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Ab-Soul Announces These Days Release Date

Source: http://www.mtv.com/news/1835704/ab-soul-these-days-release-date/

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Malawi president seeks to nullify election results

[JURIST] Malawi President Joyce Banda [BBC profile] announced [press release] Saturday that, due to extreme irregularities in the voting process, she is nullifying the national tripartite results for the presidential, parliamentary and local elections. President Banda cited as her authority Section 88(2) [text, PDF] of the Malawi Constitution, which states that the president shall have the responsibility to "provide executive leadership in the interest of national unity." However, some have questioned [Malawi Voice report] her power to nullify results. Upon...

Source: http://jurist.org/paperchase/2014/05/malawi-president-attempts-to-nullify-election-results.php

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13 Things We Would Really Love to Do With Kate Upton

Source: http://feeds.thehollywoodgossip.com/~r/TheHollywoodGossip/~3/0ycs_xLbN-c/

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‘Maleficent’ Premieres In Hollywood

Earlier today we heard about how Brad Pitt got physically assaulted on the red carpet of the Hollywood premiere of Maleficent at the El Capitan Theater last night but right now we get to see other, non assault-related photos from the premiere fete. Angelina Jolie reigned supreme as the Queen of the night at the [...]

Source: http://www.pinkisthenewblog.com/2014-05-29/maleficent-premieres-in-hollywood

Danneel Harris Deanna Russo Denise Richards Desiree Dymond Diane Kruger

Special Needs Trusts or Pooled Special Needs Trusts

A special needs trust is designed to financially support a disabled individual, providing many benefits to the individual with long-term financial stability. Join Ringler Radio host, Larry Cohen and co-host, Mike Zea, as they join Will Lindahl, MBA, CLPF, National Enrollment Director for CPT Special Needs Trusts, to discuss the process of setting up a special needs trust, when an individual should consider setting one up the cost and the difference between an individual special needs trust and a pooled special needs trust.

Source: http://traffic.libsyn.com/ringler/RR_021814_CPT.mp3

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Legal Education's Diversity Deficit

National minority enrollment has made only modest gains in the last decade.

Source: http://www.nationallawjournal.com/id=1202654681880?rss=rss_nlj

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Everything You Missed Behind the Scenes at the Grammys

Source: http://www.ivillage.com/behind-scenes-2014-grammy-awards/1-a-559127?dst=iv%3AiVillage%3Abehind-scenes-2014-grammy-awards-559127

Giulianna Ramirez Grace Park Gretha Cavazzoni

Holder Urges Prosecutors To Back Criminal Justice Changes

At a closed-door conference, the attorney general made his case for reducing some drug sentences and opening up the clemency process.

» E-Mail This

Source: http://www.npr.org/blogs/thetwo-way/2014/05/28/316846121/holder-urges-prosecutors-to-back-criminal-justice-changes?ft=1&f=1070

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The 6 Ways Twitter Reacted To Justin Bieber's DUI

Following his DUI arrest yesterday in Miami, the Internet exploded with responses to Justin Bieber's latest headline grabbing antics.

Source: http://www.ivillage.com/ways-twitter-reacted-justin-biebers-dui/1-a-558246?dst=iv%3AiVillage%3Aways-twitter-reacted-justin-biebers-dui-558246

Amanda Marcum Amanda Peet Amanda Righetti Amanda Swisten Amber Arbucci

10 Celebs and the Cartoon Characters You Won't Believe They Voiced

Source: http://www.ivillage.com/10-celebs-and-cartoon-characters-you-wont-believe-they-voiced/1-a-557162?dst=iv%3AiVillage%3A10-celebs-and-cartoon-characters-you-wont-believe-they-voiced-557162

Hayden Panettiere Haylie Duff Heidi Klum Heidi Montag Hilarie Burton

Supreme Court rules Secret Service agents entitled to immunity while protecting president

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Tuesday that US Secret Service [official website] agents are entitled to qualified immunity despite having treated a group of protesters differently based on their viewpoints. In 2004 while then-president George W. Bush [official profile] was campaigning for re-election, groups of protesters and supporters rallied around the patio-area of the restaurant where the president was dining. At the direction of two Secret Service agents responsible for the president's security, local police...

Source: http://jurist.org/paperchase/2014/05/supreme-court-rules-secret-service-agents-entitled-to-immunity.php

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‘Avatar’ The Cirque du Soleil Show Is Actual Thing That’s Going To Happen

Source: http://www.mtv.com/news/1834391/avatar-cirque-de-soleil/

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Protip: Don't Screw With Old Folks

A squad of 18 deputies in Cook County were very aggressive in trying to collect money from deadbeat dads, using whatever methods they needed to bring these culprits to justice. When they put a gun to 77-year-old Merien Macon's head, however, they messed with the wrong person. From the Chicago Tribune:

When the unit arrived at the Macons' home, two weeks before Merien's arrest, officers had two outstanding warrants for couple's son, Derrick Macon, then 50, including one for child support. Officers insisted they be allowed into the home, William Macon said.

Because the officers did not have a search warrant, William Macon refused, he said.

William Macon, 83 years old, wasn't to be easily pushed. You gotta love tough old birds. And before anyone gets all bent out of shape about his "derelict" deadbeat son, it turns out that while the team knew all about the outstanding warrants for child support, they somehow missed the order holding that he wasn't the father of the child. But let's not have facts impair a good story.

When the deputies saw Merien drive up to the back of the home, they approached with guns drawn — one pointed at her head as she sat in the car — and pressed her about her son's whereabouts, according to the lawsuit.

"I was really surprised when they walked up with their guns," Merien Macon, a retired clerical worker, said last week. "I was scared. I was shocked. I was surprised."

Macon, who had dropped off her son earlier, told them she didn't know where he was and she did not want to answer questions, [Macon's lawyer, Elizabeth] Kaveny said.

And so the deputies, ~~duly chastised by their overly violent conduct frightening a nice old woman, apologized profusely and left her in peace~~ outraged by her refusal to do as they commanded, decided to teach an old woman a lesson.

At that point, Merien Macon became upset and told the officers she would not speak to them. The officers handcuffed, frisked and arrested Merien Macon on a charge of obstruction of justice.

The officers then took her to a nearby parking lot, where they gave her a phone and told her to call her son and find out where he was.

Merien's husband, William, a retired electrician, called that "a hostage situation," attempting to trade off his wife for his son. The sheriff's office claimed that was not at all the case, and they were just being thoughtful.

The sheriff's office denied attempting to pressure Macon to call her son and said she was moved to the parking lot because her husband had become upset and neighbors were starting to gather.

They didn't want to upset old William by forcing him to watch her cuffed, frisked and with guns pointed at his wife's head. A very sensitive gesture in law enforcement, likely to win a medal at some point.

The Macons sued for what was done to Merien.

Merien Macon was charged with felony obstruction of justice, leading her to file a lawsuit against Sheriff Tom Dart and the officers involved. A Cook County jury recently sided with her, awarding Macon $327,500 and agreeing with her husband that what happened that afternoon went too far.

Frankly, that's a very healthy award, give that most plaintiffs in her situation could hope for a fraction of that at best. But then, picture a jury hearing the testimony in this case, looking at the 77-year-old woman and her loving 83-year-old husband, and pondering the cuffs on her wrists, the hands on her body, the gun at her head, all over a mistaken child support warrant. It doesn't get more sympathetic than this.

"I've seen this type of thing over and over and over," William Macon said. "But when it happens to you it becomes more personal."

Truth. Unless you happen to be knowledgeable about your rights, have the guts to assert them with a gun pointed at your head and, purely by happenstance, a couple of cool codgers, chances aren't good you would end up with a verdict of this magnitude. This makes it an exceptionally good reason to both applaud the Macons, and to care a whole lot about when things like this happen "over and over and over." Because next time it could be you, and it will, without question, become "more personal."

H/T Spencer Neal

Source: http://blog.simplejustice.us/2013/07/13/protip-dont-screw-with-old-folks.aspx?ref=rss

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Cybersecurity: Breaching The Boardroom

When the President of the United States calls something “one of the gravest national security dangers that the United States faces,” it seems worthwhile to pay attention. The President’s statement, on February 12, 2014, was not referring to the dangers of war or terrorism, but to the threat of cyber attacks on the nation’s critical infrastructure and U.S. companies. Over the past couple of years, cybersecurity has become an important corporate governance issue, as recent cyber attacks, increased federal oversight, potential legal liability and economic risks have made paying attention certainly worthwhile.

This article was originally published in The Metropolitan Corporate Counsel. To read the full article, please click here.

Source: http://www.corporatesecuritieslawblog.com/2014/04/cybersecurity-breaching-the-boardroom/

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Thursday, May 29, 2014

The Janoskians Are Getting Their Own Movie

Source: http://www.mtv.com/news/1833979/janoskians-off-to-hollywood/

Brittany Lee Brittany Murphy Brittany Snow

Tila Tequila & Her Baby-Daddy At War!

Tila Tequila and Thomas Paxton Whitaker may be expecting a child together, but it doesn’t appear Tila Tequila and her former boyfriend will be amicably parenting the child. The expectant parents are now at war, with both of them slamming one another. The former “Shot at Love” star announced her pregnancy in April, but reportedly ...

Source: http://stupidcelebrities.net/2014/05/tila-tequila-baby-daddy-war/

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EEOC can use Teamsters-style pattern-or-practice theory under Title VII § 706

Serrano sued in a class action claiming sex discrimination and the EEOC intervened. The trial court ruled for the employer on a number of issues; the 6th Circuit reversed. Serrano and EEOC v. Cintas Corp (6th Cir 11/09/2012).

The main issue was whether EEOC could pursue a pattern-or-practice style claim pursuant to § 706 of Title VII.

The employer argued that under § 706 the EEOC is limited to proving its allegations of discrimination pursuant to the McDonnell Douglas Corp v. Green, 411 US 792 (1973), burden-shifting framework, and cannot use the pattern-or-practice framework announced by the Supreme Court in Teamsters v. United States, 431 US 324 (1977). The court rejected that argument. Even though the Teamsters case arose under § 707, the theory of that case can be used under § 706.

The trial court erred in holding that the employer was entitled to judgment on the pleadings in light of the EEOC's failure to plead its intent to rely on the Teamsters framework. Although the EEOC's complaint "is not a model of good lawyering," a plaintiff need not indicate at the pleading stage which circumstantial evidentiary framework it plans to use.

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Source: http://www.lawmemo.com/blog/2012/11/eeoc_can_use_te.html

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The Ramifications of NSA Monitoring on Attorney-Client Privilege and the Bill of Rights

Attorney-Client Privilege predates US history and is a fixture of Western Law. Pro advocates of its proliferation declare its necessity to a fair and adequate defense. According to many legal experts, NSA monitoring of privileged attorney-client communications stands in direct violation to the United States Bill of Rights and yet others disagree. In this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams shed light on this issue with guests Dean Erwin Chemerinsky of the University of California, Irvine School of Law and Dr. John Eastman of Chapman University Fowler School of Law.
Erwin Chemerinsky is the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at the University of California, Irvine School of Law. His areas of expertise include, but are not limited to, constitutional law, federal practice, and civil rights. Erwin is a renowned author of seven books and nearly 200 articles in top law reviews. He has argued before the nation's highest courts and has been counsel to detainees in Guantanamo Bay Detention Camp in the Guantanamo Bay Naval Base, Cuba. He is also a regular commentator on legal issues before the national and local media.
Dr. John Eastman is the Henry Salvatori Professor of Law and Community Service at Chapman University Fowler School of Law. He was the School's Dean from June 2007 to January 2010, when he stepped down to pursue a bid for California Attorney General. John is the Founding Director of the Center for Constitutional Jurisprudence, former law clerk for Justice Clarence Thomas, and has served as the Director of Congressional and Public Affairs at the United States Commission on Civil Rights during the Reagan administration. He is also a regular commentator on legal issues before the national and local media.
Special thanks to our sponsor, Clio.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2014/03/ramifications-nsa-monitoring-attorney-client-privilege-bill-rights

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AT LAST! A New Photo Of North West Has Been Released

All weekend long as more and more information and photos continued to come out of the Kanye West wedding in Florence, Italy, I begrudgingly endured the onslaught of information in the hopes that we would get to see a glimpse of baby North West amongst the melee. But, sadly, no photos of North West came [...]

Source: http://www.pinkisthenewblog.com/2014-05-29/at-last-a-new-photo-of-north-west-has-been-released

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Thailand soldiers arrest rights defender, son

[JURIST] Armed Thai soldiers on Sunday arrested human rights defender Sukanya Prueksakasemsuk and her son Panitan Prueksakasemsuk following a raid of their house in Bangkok. They were released on Monday from military custody [HRW report] on the condition that they give no interviews and take part in no political activities. Following their arrest the Thai military junta, the National Peace and Order Maintaining Council (NPOMC) provided, no information regarding their whereabouts, prompting calls from Human Rights Watch (HRW) [advocacy website]...

Source: http://jurist.org/paperchase/2014/05/thai-soldiers-arrest-rights-defender-and-son.php

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‘Awkward.’ Poll: Is Eva Lying About Her Formerly Fabulous Life?

Source: http://www.mtv.com/news/1834071/awkward-poll-eva-lying/

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Wages Settlement Yields Steve Jobs Insight (Wall Street Journal)

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Seth MacFarlane and Charlize Theron Agree: It Takes a Pair (in The West)

Source: http://www.mtv.com/news/1834197/seth-macfarlane-and-charlize-theron-agree-it-takes-a-pair-in-the-west/

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Federal Appeals court rejects challenges to broadband internet expansion

[JURIST] The US Court of Appeals for the Tenth Circuit rejected [ruling, PDF] on Friday challenges to the Federal Communications Commission's (FCC) [official website] plan to expand broadband Internet service to rural areas. The FCC's plan is a $4.5 billion program which subsidizes high-speed Internet services in high-cost rural areas. The challengers of the FCC plan included many phone companies such AT&T and Verizon Wireless. It has been reported [New York Times report] that the phone companies fear that the...

Source: http://jurist.org/paperchase/2014/05/federal-appeals-court-rejects-challenges-to-broadband-internet-expansion.php

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Watch Hugh Jackman’s First Wolverine Audition

Source: http://www.mtv.com/news/1833937/hugh-jackman-wolverine-audition/

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Professor Sues John Marshall Law Under ADA

A longtime professor at The John Marshall Law School in Chicago has filed suit, claiming administrators violated the Americans With Disabilities Act when they declined to accommodate his depression and Asperger's syndrome.

Source: http://www.nationallawjournal.com/id=1202637008054?rss=rss_nlj

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The Best Movies Of 2013

Source: http://moviesblog.mtv.com/2013/12/17/the-best-movies-of-2013/

April Scott Arielle Kebbel Ashanti Ashlee Simpson Ashley Greene

Fast Food French Fries RANKED: Just Say No to Soggy Fries!

Source: http://feeds.thehollywoodgossip.com/~r/TheHollywoodGossip/~3/0_2PmgRLOYU/

Anne Marie Kortright April Scott Arielle Kebbel Ashanti Ashlee Simpson

Latest Trends in Document Review: Benchmarks, Metrics, and Drivers

With decreases in data production, increased front-end analytics, and greater emphasis on search terms, it appears that document review projects have been evolving over the past four years. Externally, public pressure to reduce costs and recent developments in law are driving smaller review teams to do more with less. On this episode of the ESI Report, host Michele Lange interviews ESI expert Eli Nelson to discuss the latest trends and predictions for the eDiscovery industry.
Eli Nelson is Of Counsel in the Washington, D.C. office of McKenna, Long and Aldridge where he is responsible for developing and implementing firm-wide practice standards for electronic discovery and information governance. Eli counsels clients and attorneys on the efficient use of technology, data mining techniques, and project management practices for litigation and compliance issues.

Source: http://legaltalknetwork.com/podcasts/esi-report/2014/03/latest-trends-document-review-benchmarks-metrics-drivers

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Meet Squire Patton Boggs

After months of Sturm und Drang, lobbying legend Patton Boggs LLP and international but low-key firm Squire Sanders have finally made it to the altar.

Source: http://blogs.wsj.com/law/2014/05/27/meet-squire-patton-boggs/?mod=WSJBlog

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Austin Mahone Performs Live in Concert on ‘Today Show’ (Video, Photos)

Austin Mahone gave a live concert performance on the Today Show, debuting a new song, ‘Shadow.’ See the photos and video of the teen pop sensation celebrating the release of his debut album, ‘The Secret’ with an enormous audience of his fans, the Mahomies.

The 18-year-old Austin Mahone has come a long way from YouTube viral video star to bona fide recording artist. Already hugely popular with his hit singles — in particular “Mmm Yeah” and “What About Love” — now he makes his long awaited major label debut with ‘The Secret.’

The comparison to Justin Bieber is inevitable. As one former YouTube sensation transitioned to worldwide teen pop music sensation only to become embroiled in the legal system and to dominate tabloids another one is on the rise and is the teen idol of the moment.

Prior to his high energy live performance on Monday, Memorial Day on The Plaza at Rockefeller Center in New York City, he answered some questions from fans submitted to him on Instagram as he spent a couple of moments in the Today Show’s famed Orange Room, chatting with Carson Daly.

The Mahomies had begun forming the line to get into the free concert on Sunday morning, more than 24 hours in advance. No doubt being able to Instagram questions gave them something to do!

And in answering one of the questions he revealed the craziest thing a fan had done. He said, “I would say one time this girl hopped in my car while I was driving away from a show. I looked over, and I was like, ‘I’ve never seen you before.” He went on to note that he dropped her off since he couldn’t “just take her home.”

After his performing first “Mmm Yeah” with a troupe of backup dancers, and coming back with his other hit, “What about Love,” Austin Mahone took to the stage and sat on a stool to accompany himself on acoustic guitar as he gave the live television debut performance of his new song, ‘Shadow.’

You can see more pictures along with the replay video of Austin Mahone’s ‘Today Show’ live concert performance below!

(Click to enlarge)