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Problems with Revenge Porn Laws

by Jay Marshall Wolman Revenge porn is bad, and this blog has been active in fighting it.  As a moral matter, it is a pretty easy thing to address.  As a legal matter, it is not. More and more states have been passing laws against revenge porn.  California, for example, in 2013, added Penal Code Section 647(j)(4),   The meat is

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Professor Franks and the False Dichotomy

by Jay Marshall Wolman Apparently, along with Eric Turkewitz, I have been blocked on Twitter by Mary Anne Franks.  A Rhodes Scholar and woman of letters, Dr. Franks has divined that I am not worthy of comment.  According to Dr. Franks, I am a “false rape truther“.  Presumably, she means to equate questions about false accusations with rape with those

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Is Use Discrimination Unlawful if Customers are Treated Equally?

By Jay Marshall Wolman  There has been significant commentary in the blogosphere about a recent order out of Oregon allegedly imposing a gag order on a bakery that expressed an aversion to same sex weddings. I’ll leave the First Amendment analysis to Ken White at Popehat and Eugene Volokh as linked above.  I’m a little more concerned with the order’s analysis

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A Cost-Imposing Law that may Indirectly Save Millions

by Jay Marshall Wolman, CIPP/US This past June, the Connecticut General Assembly enacted Public Law No. 15-142, ostensibly to improve data security in the state.  It follows on the heals of the Anthem Data Breach earlier this year.  The first major provision governs state contractors in receipt of confidential information received from the state.  The second major provision, addressed to Anthem

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The Expansion of Regarded-As Discrimination

by Jay Wolman The Americans with Disabilities Act protects three categories of individuals:  those presently disabled, those previously disabled, and those perceived to be disabled.  The latter is deemed “regarded as”; it does not require the member of the protected class to actually have or have had a physical or mental impairment that substantially limits a major life activity.  This

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The Future of Restrictive Covenants in Settlements and Severance

by Jay Wolman The law is ever changing and what is common may, at some point, become unlawful (or already is without folks realizing it).  Recent developments in statutory law and enforcement actions in existing law have really made me think about all of those clauses that commonly appear in agreements with former employees, whether as part of a severance

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Nevada Senate Bill 444 – Groundhog Day

On SB444 – Wynn Resorts’ lobbyist proposed a compromise. The compromise was reasonable. We might not have liked it, but there was no reason not to agree to the compromise. The Senate did not agree to the compromise. Now it is back to the Assembly. But, the Assembly has been a bipartisan body of reason on SB444. How you can

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Dancing Man

If aliens are watching us, and trying to decide whether our planet should remain where it is, or be destroyed to make way for an intergalactic bypass, I hope they see this story — because they might just move the bypass if they do. Maybe. As long as we can keep them from finding out about the Palins.

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The right thing to say…

Las Vegas lawyer, Barry Levinson, after getting sentenced to jail. “I embarrassed Las Vegas. I let everybody down,” he said. “I accept responsibility for what happened. It’s my fault. I made the mistakes. I’m paying for it.” (source) Not excusing his conduct, but from a public relations standpoint, that’s how you handle it.

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Eu Sou Metzker

Yet another fatal attack on a blogger. This one, Evany José Metzker. Metzker was known for his in-depth investigations of political corruption in Brazil and also for his blog titled ‘Coruja do Vale’ (The Owl of the Valley). He was found late Monday in the poverty-stricken town of Padre Paraíso located in the northeast state of Minas Gerais. Various local

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Sanity Restored: Garcia v. Google en banc decision

Today, the Ninth Circuit issued its long anticipated en banc opinion regarding the matter of Garcia v. Google, affirming the district court’s denial of summary judgment and solidifying longstanding principles of copyright history and law. The facts of this one are ugly and bizarre. After the Benghazi attacks that took place on September 11th, 2012, where Islamic militants killed several

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Hi-Tech Pharmaceuticals – Fire Your Public Relations Agent

From this press release. Hi-Tech Pharmaceutical Sues Self Professed Weight Loss Expert – Harvard Professor Pieter A. Cohen for $50 Million in Compensatory Damages and $150 Million in Punitive Damages for Libel and Slander NORCROSS, Ga., April 29, 2015 /PRNewswire/ — Hi-Tech Pharmaceuticals, Inc, ( “Hi-Tech”) filed a suit against four researchers who published a defamatory article in a journal

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Federal Anti-SLAPP Legislation Proposed!

I’m so glad that I can finally talk about this! There is federal legislation pending that would enact a nationwide Anti-SLAPP law! I had the privilege of having some input into its content. The final version is pretty damn good. HERE IT IS!

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Dust storms in Nevada

There is a huge dust storm out here right now. It blew sand right in my eye. In unrelated news, this guy’s dad died when he was 16. He just got a birthday card from his dad for his 30th birthday. (source) Fucking dust storms.

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(Position Filled) Seeking an Associate

As of May 22, 2015, this position has been filled. BUT, we are always willing to hear from new talent. If you think you can cut it, send us a resume. Randazza Legal Group is looking for an associate attorney with 1-5 years of experience, but others will be considered. We are growing, again. The successful candidate must be enthusiastic

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