News & Media
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 who question whether Al Qaeda was behind the attack of September 11, 2001, generally labelled “9/11 Truthers”. Rather than engage in discussion, as one hopes a law school professor who takes to social media might expect, I have been banninated
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 of the discrimination claim itself. The Labor Commissioner did not undertake the traditional McDonnell Douglas test for discrimination. Now, this might not be an Oregon requirement, but there was no real analytical framework. This is usually important in determining if
TurkishTowels.com domain name protected from attempted seizure
Randazza Legal Group protects TurkishTowels.com domain name from attempted seizure.
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 and other health insurers, creates specific obligations to secure data under a regulatory scheme. The third major provision addresses all other businesses. Previously, reasonable notice of a data breach (release of certain unencrypted personal information) was required to be given.
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 is the only statute explicitly providing for “regarded as” protection. However, caselaw seems to be filling the gaps in other laws. In Macy v Holder, the EEOC explicitly found that discrimination against transgendered individuals is unlawful under Title VII, discussing
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 agreement or as a settlement of claims. For instance, many of these agreements include a confidentiality clause that prohibits the former or soon-to-be former employee from disclosing how much is being received in severance or settlement. Many of these agreements
If you ever wonder if being a lawyer is hard…. (City of Inglewood v. Teixeira)
Do you? Are you a law student, worried that you might not pass the bar? If you’re that worried, read this shit and remember that the idiot who filed this idiotic lawsuit is not only licensed, but has clients. See Inglewood, California Sues YouTube Critic For Copyright Infringement Over Use Of City Council Videos (here) The City of Inglewood is suing the author of this youtube clip for copyright infringement. Come at me, bro. I’m re-publishing it. (wags dick at fucking idiot mayor of Inglewood) [youtube=https://www.youtube.com/watch?t=15&v=-5VQZrW7BVY] Seriously, read this garbage. If you think you can’t make it as a lawyer,
Negotiation Theory in Action
[youtube=https://www.youtube.com/watch?v=llquJck7D-0]
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 help stop SB444. 1. Go to this page. 2. Enter “SB444” without any spaces or use the drop down menu and scroll aa. 3. Click the “Get Bill Information” button. 4. Type in your comments. 5. Enter your name and
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.
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.
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 media outlets report that Metzker was stripped half naked, decapitated, with his hands tied behind his back. His body had clear signs of torture, and his head, located almost 330 feet away from his body, had been scalped. Metzker was
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 members of the U.S. Government, the press and the American public were in search of answers. After all, this was a possible terrorist attack on the anniversary of 9/11, just weeks before an upcoming Presidential election. If there was ever
How you talk to (shitty) journalists
Seymour Hersh rips the ass out of Isaac Chotiner. (source)
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 known as “Drug Testing and Analysis” an article entitled, “An amphetamine isomer whose efficacy and safety in humans has never been studied, B-methylphenylethylamine (BMPEA), is found in multiple dietary supplements.” Jared Wheat, President of Hi-Tech Pharmaceuticals, stated, “Defendants Cohen, Bloszies,
The Legal Status of Filming Porn in Nevada
This month’s Nevada Lawyer features an article on the legal status of filming porn in The Silver State. (source) Written by yours truly.
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!
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.
(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 about practicing in the areas of First Amendment Law and international intellectual property law (but we do some other stuff too). I greatly prefer that the candidate be admitted to the bar, somewhere already, but the successful applicant must be
Is Free Speech In Nevada At Risk?
A bill supported by Wynn Resorts would substantially weaken Nevada’s laws meant to protect free speech. Senate Bill 444 seeks to pull back a law enacted in 2013 that greatly expanded First Amendment protections for those who speak about issues of public concern… Read more …