USA Network’s long-running drama, Suits, has just returned for its final season, and we’re here to help you discern fact from fiction when it comes to how the hit show depicts the practice of law.
Imagine you are a litigator and, after reviewing thousands of documents, you find an email that looks like advice being given to your opponent, by one of their own lawyers. Before celebrating, take heed, when international law firm Gibson, Dunn & Crutcher LLP was placed in this very position, its actions led to its complete disqualification.
Americans are on track to place a recording device into nearly every home by the year 2020, and are paying a premium to do it. Beyond simplifying our everyday lives, smart home technology is creating and storing a treasure-trove of information on our actions and habits. It should come as no surprise that law enforcement has begun to covet that information.
If you are a litigator, there is a very good chance that you have just become a member of a class action. Congratulations! This is because several advocacy groups (the National Veterans Legal Services Program, the National Consumer Law Center and the Alliance For Justice) filed a class action against the U.S. Government for overcharging users of PACER (Public Access to Court Electronic Records).
Under Article III of the U.S. Constitution, to establish standing in federal court, the plaintiff must have (1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision. However, Congress simultaneously has the right to create causes of action for per se violations of a statute. In other words, Congress can create a cause of action in a case where a violation was technically committed, but no actual harm was suffered.
Death, taxes and -- for those of us who are active members of the Bar -- annual dues, are all inevitable. This year, however, California's lawyers are being given a slight reprieve with a decrease in their dues. If you think this is the bar's way of reducing the burden on an already oversaturated market, think again.