Categories
General Litigation

We’re Returning to Normal. But What If I’m Not Ready?

I was a guy in the courthouse halls you wanted to run into. I liked to chat people up; tell a joke or quick war story; ask for and give advice on a case, a judge, etc. As we are coming out of the pandemic with courts returning to live in-person appearances you would think […]

Categories
Criminal Law

Latest “Karen” Has Media Failure: But Don’t Blame Her Blame Her Lawyer.

News Flash: It is not easy to give a proper media interview while you are actively being charged with a crime. That is why most experienced defense lawyers say “NO” when a client proposes giving a media interview to “get their side of the story out.” If that does not work, say “NO” again and […]

Categories
Constitutional Law

Fed Judge Grants Qualified Immunity But Writes Powerful Decision Against It

Federal Judge Carlton Reeves, of the Southern District of Mississippi, ruled that the doctrine of qualified immunity meant that a white police officer could not be sued for racially profiling and then terrorizing an innocent black man on the side of the road. Judge Reeves ruled that the law required the dismissal of the case […]

Categories
Criminal Law

Avenatti Convicted of Extorting Nike. Lessons to Be Learned.

Michael Avenatti – remember him? He was the lawyer who represented Stormy Daniels, the porn star, in a lawsuit against President Trump. Well hours ago he was was found guilty of trying to extort sneaker giant Nike out of $25 Million. A New York federal jury found Avenatti guilty on three counts, including extortion, wire fraud […]

Categories
Intellectual Property Litigation

Copyright Troll Attorney Found in Contempt of Court for Lying About Grandparent’s Death

Its the oldest excuse in the middle school playbook: Telling the teacher that you didn’t do your homework because your grandmother or grandfather died. Of course it never worked, and guess what – it doesn’t work in Federal Court either. Attorney Richard Liebowitz has been declared a copyright troll by Federal judges; has been ordered […]

Categories
Constitutional Law Criminal Law

With “I Love You Now Die” Erin Lee Carr and HBO Bring Something You Rarely See in True Crime Docs: Good Lawyering!

For those of you unfamiliar with the Michelle Carter case or the HBO documentary “I Love You Now Die” about the case, let me set out HBO’s description of the case for you to catch up [SPOILERS ALERT!!]: “In July 2014, 18-year-old Conrad Roy died by suicide in his car at a parking lot in […]

Categories
Constitutional Law Criminal Law Wrongful Convictions

Three Sotomayor Dissents on Death Penalty Cases Are the Voice of Reason on the Issue

I am opposed to the death penalty. While my opposition principally comes from my work in wrongful conviction cases, my opposition is to the death penalty in all cases – even where the evidence of guilt is overwhelming or where the details of the crime are horrific and gruesome. I just feel it is a […]

Categories
Criminal Law

“Advice of Counsel” Defense is Perilous

President Donald Trump offered a defense Thursday to accusations he broke campaign finance law by directing his longtime attorney/fixer Michael Cohen to orchestrate hush-money payments to conceal at least two of Trump’s alleged affairs: He was just following his lawyer’s advice. His exact statement was put out on Twitter: “I never directed Michael Cohen to […]

Categories
Constitutional Law

What Young Lawyers Can Learn From Watching “Making A Murderer 2”

As my law school semester winds down, I usually like to send a message to my outgoing students who are all 3Ls who will be graduating this May. This semester, there has been a lot of buzz about Netflix’s true crime documentary “Making a Murderer 2” and I can see that it has inspired many […]