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For the Public

Has the Government’s Ability to Hack Civilian Computers Gone Too Far? The Controversial Expansion of Rule 41 of the Federal Rules of Criminal Procedure

Ian Friedman December 28, 2016

As of Dec. 1, 2016, via the power of a single search warrant, the FBI can legally hack into an unlimited quantity of computers well-beyond the judicial district where said warrant is issued. Th is new expansion of power is a function of the recently amended Rule 41 of the Federal Rules of Criminal Procedure. Rule 41 is a set

Trump University: A Case Study on the Issue Reliance in Consumer Class Actions

Frank Bartela December 28, 2016

Irrespective of your political leanings, the Trump University class action is an interesting and unique case. It is also a good learning tool for one issue that comes up in nearly every consumer protection class action – reliance. In this article, we will explore the lawsuit, cutting through the political noise that surrounded it. The plaintiffs in the Trump University

Parentage Actions for the Unmarried

Joshua Rogers December 16, 2016

In this issue, I will be addressing parentage actions related to children born out of wedlock. Actions to establish paternity are controlled by Tenn. Code Ann. §36-2- 301 et seq. In Tennessee, most actions to establish paternity are brought in the juvenile court. However, a petition to establish parentage can be brought in the circuit or chancery court, as the

Wells Fargo, Partisanship, and a Case for the Middle Path

Nicole Fiorelli December 9, 2016

Wells Fargo has come under immense pressure not only publicly, but politically and legally, for its scheme that caused over two million accounts to be opened in customers’ names without their consent. If you haven’t read about this, Wells Fargo had institutional goals and incentives in place that paid its retail banking employees substantial bonuses for opening new customer accounts.

Expanding the Scope of the Computer Fraud and Abuse Act: Dangerous Precedent or Necessary Evil?

Eric Nemecek December 9, 2016

A recent decision from the Ninth Circuit Court of Appeals has created turmoil for federal prosecutions involving the Computer Fraud and Abuse Act (CFAA). This decision raises more questions than it answers in an already nebulous area of law. What is the CFAA? The CFAA, which is set forth in 18 U.S.C. § 1030, imposes criminal liability on individuals who

How OSHA’s New Regulations Impact Post-Accident Drug Testing

Sarah Moore December 9, 2016

The Department of Labor Occupational Safety and Health Administration (OSHA), issued new rules requiring employers to electronically submit injury and illness data to be posted to OSHA’s website. Under these rules, employers must establish a reasonable procedure for reporting this data, in a way that does not deter or discourage employees from disclosing work-related injuries and illnesses. This requirement axiomatically

Making the Judge an Offer She Can’t Refuse

Louis J. Shapiro December 6, 2016

About a year ago, I received a call from a 24-year-old female who immediately said to me, “My friend said you are the only one who can help me.” We will call her Rochelle. She sounded very distressed and she met me the next day in my office. I asked her to tell me the story. The tears didn’t take

5 Reasons Your Client Should Have a Premarital Agreement

Matthew Skarin December 6, 2016

In recent past, the words premarital agreement or “prenup” admittedly held a negative connotation, implying the parties are contemplating their relationship’s inevitable end before they’ve entered the sacred bond of marriage. In this modern age, premarital agreements aren’t so much about planning for divorce, as they are a way of establishing the parties’ expectations during their marriage. For this reason,

How to Kill a Patent

Z. Peter Sawicki and James L. Young December 1, 2016

From 1836 (the start of the present patent numbering sequence) to the present, over 9 million patents have been granted by the United States Patent and Trademark Office. Of course, most of those patents are not “active.” Many have “deceased” naturally. Each patent has a lifetime, and until 1995 it was 17 years from the date of grant. Now, a

Is All Patent Infringement Willful?

Dan Hall December 1, 2016

In June, the United States Supreme Court issued a decision that may fundamentally change the way damages are awarded in patent infringement lawsuits. In Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923, 1932 (2016), Chief Justice Roberts criticized a standard that allowed, “the ‘wanton and malicious pirate’ who intentionally infringes another’s patent” to avoid enhanced damages if

Has the Government’s Ability to Hack Civilian Computers Gone Too Far? The Controversial Expansion of Rule 41 of the Federal Rules of Criminal Procedure

Ian Friedman December 28, 2016

For the Public

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