I’m a trial lawyer for injured people and businesses at The Beasley Firm. Founded in 1958, we have recovered over $2 billion for our clients through hundreds of verdicts and settlements in excess of $1 million. We’re listed in Super Lawyers, Best Lawyers in America, U.S. News’s Top Lawyers, [...]
Users’ Legal Rights Under Facebook’s Proposed “Rights and Responsibilities” (a/k/aTerms of Use)
After the firestorm of criticism last week, including on this blog, Facebook CEO Mark Zuckerberg announced (on Facebook's blog and in a media conference call): Beginning today, we are giving you a greater opportunity to voice your opinion over how Facebook is governed. We're starting this off by publishing two new documents for your review and comment. The first is the Facebook Principles, which defines your rights and will serve as the guiding framework behind any policy we'll consider—or the reason we won't consider others. The second document is the Statement of Rights and Responsibilities, which will replace the existing ... Continue Reading
The “Hot Potato Doctrine” Lives! Fish & Richardson Sued for Ditching Client
One of the few interesting parts of law school Professional Responsibility classes lives on in this article at The Recorder: A San Francisco Bluetooth headset maker says Fish & Richardson played an unseemly game of hot potato by dropping it as a client and then turning around and suing for patent infringement the very next day. Aliph Inc. moved to disqualify Fish from representing Bluetooth rival Plantronics in the patent case two weeks ago, arguing that the firm shouldn't be allowed to sue its own client or get out of the mess by suddenly disowning Aliph at 8:30 p.m. the ... Continue Reading
25 Things About Facebook’s Terms of Use and Your Rights
Now that Facebook has rescinded its "new" Terms, let's talk about 13 problems with the Terms, 2 questions to consider about the site, and 10 changes Facebook should make. If you see “new Terms” below, that refers to the Terms Facebook enacted on February 4, 2009, then rescinded. “Old Terms” refers to the Terms in place before then, which are now the current terms. 13 THINGS YOU SHOULD KNOW ABOUT FACEBOOK'S CURRENT TERMS OF USE 1. Facebook wants to make money using your information. That doesn't make them evil; users worldwide are fine with Google, another free service, reading their searches ... Continue Reading
Facebook Rescinds Its New, Unfriendly Terms of Use in Favor of Its Old, Unfriendly Terms of Use
[Update - see also 25 Things About Facebook's Terms of Use and Your Rights, discussing the current problems and where we go from here.] Facebook responded swiftly to the social media uproar over its new Terms of Use by reverting to the old Terms. Great news, with one problem: the old Terms aren't that great. Mark Zuckerberg described Facebook's old Terms as "overly formal and protective," and promised to revise them promptly. He's being euphemistic. Some of the "old" (now "current") Terms were downright illegal and unenforceable, like making users responsible for checking for updates to the Terms and making users waive ... Continue Reading
What Do Facebook’s New Terms of Use Mean for Your Content?
[I've posted a followup in light of Facebook's response, i.e. rescinding the new terms -- Facebook Rescinds Its New, Unfriendly Terms of Use in Favor of Its Old, Unfriendly Terms of Use. Further, 25 Things About Facebook's Terms of Use and Your Rights, discussing the current problems and where we go from here. Also, some thoughts on the even newer, much better Terms Facebook has proposed.] Now that we've covered whether Facebook can slip new terms into the service and whether they can enforce their terms at all, it's time to look at what the new "Licenses" terms mean. Facebook's new ... Continue Reading
Are Facebook’s New Terms of Use Enforceable?
[Update -- I've posted followups, What Do Facebook's New Terms of Use Mean for Your Content? and Facebook Rescinds Its New, Unfriendly Terms of Use in Favor of Its Old, Unfriendly Terms of Use. Finally, 25 Things About Facebook's Terms of Use and Your Rights, discussing the current problems and where we go from here.] Yesterday we talked about Facebook's new "Terms of Use," delivered to users by stealth, and how users who wanted to leave could likely enforce the old terms, which didn't include the new controversial licensing provisions. Right now we'll talk about whether the new terms are ... Continue Reading
Facebook and the Law of Stealth Changes in Consumer Contracts
[Update -- I've posted a few followups: Are Facebook's New Terms of Use Enforceable?, What Do Facebook's New Terms of Use Mean for Your Content? and Facebook Rescinds Its New, Unfriendly Terms of Use in Favor of Its Old, Unfriendly Terms of Use. Finally, 25 Things About Facebook's Terms of Use and Your Rights, discussing the current problems and where we go from here.] Facebook earned itself the wrath of Twitter by revising its Terms of Use (a/k/a Terms of Service) to grant itself a perpetual license to use all of your content (which is typical of social media sites), even ... Continue Reading
“Reforming the Supreme Court” – Should Justices Sit for Fixed Terms?
Jack Balkin at Balkinization refers us to a proposal recently submitted to "the Vice President, the Attorney General, and the chairs of the House and Senate Judiciary committees:" §1. NUMBER OF JUSTICES SITTING TO DECIDE CASES ON THE MERITS; QUORUM. The Supreme Court shall generally sit as a Court of nine Justices but if necessary six Justices shall constitute a quorum. The Court may by rule authorize a single Justice to make provisional rulings when necessary. §2. REGULARITY OF APPOINTMENTS. One Justice, and only one, shall be appointed during the first session of Congress after each federal election, unless during ... Continue Reading
President’s Day Brain Food: Lincoln the Tech Geek and Marx the Blogger
At US News & World Report (via Slashdot): If Abraham Lincoln were alive today, he would fight just as hard to keep his BlackBerry as President Barack Obama did. Despite his popular image as a log-splitting bumpkin and small-time country lawyer, Lincoln had an avid interest in cutting-edge technology. As an attorney, he represented railroads. During the Civil War, he haunted the telegraph office (which provided the instant-messaging of its day) for the latest news from the front and was actively involved in directing troops. He encouraged weapons development and even tested some new rifles himself on the White House lawn. He ... Continue Reading
Pennsylvania Commonwealth Court Limits the Special Value to the Plaintiff Damages Doctrine
Here are the facts, liberally edited by me: Appellee purchased property for $ 20,000.00, including a building that was deemed uninhabitable by both the City and Appellee. After Appellee purchased the Property, she contacted the Philadelphia Neighborhood Housing Service (PNHS) to assist her in securing a loan to rehabilitate the Property. A building inspector estimated the cost of renovation and repair to be $ 113,500.00. Another contractor estimated the cost of renovation and repair to be $ 122,590.00. PNHS agreed to lend Appellee $ 65,000.00 to renovate and repair the Property. PNHS also agreed to help Appellee secure additional financing ... Continue Reading
