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Legal Research

Identity Theft

I spotted the following statement this morning:

A paper trail is an identity thief’s best friend.

I was no where near a fortune cookie. Really. This statement appeared on the back side of an envelope from a financial institution, who was pushing sign ups for electronic statements. The institution even suggested that we can all “rest easy knowing all [our] account information is locked away safely online. Yes, paper statements are not secure, that’s why we shred them after we no longer need them. And, paper statements may also be intercepted while in transit. However, skimming paper statements is not scaleable. That’s why identity thieves target online databases. So, instead of obtaining account information on one person, these thieves can obtain account information from millions of people. I’m not confident that any information can be locked away safely online.

Categories
Legal Research

The Sub-Prime Mortgage Crisis Was an al-Qaeda Plot

Christian Science Monitor: Supreme Court case: Can terror suspect in US be held indefinitely?

US officials suspect Marri was sent to America by Osama bin Laden to carry out a second wave of terror attacks after the 9/11 attacks. They say he was plotting to wreak havoc on the US financial system by hacking into bank and other databases. In addition, he received Al Qaeda training in the use of poisons, according to the government.

Yes, the terrorists succeeded. Again. Here we were preparing for another 9/11-style attack by taking our shoes off at airports while the terrorists had already moved on to their next target. They were busy plotting to wreck havoc on our financial system by hacking into bank and other databases. Well, our financial system is pretty much wrecked and, as far as we know, we’ve received absolutely no assistance from al-Qaeda in that regards. Turns out, these terrorists wasted their time. Instead of attending terrorist boot camp and earning a poisons merit badge, the terrorists should have been busy wielding a pen in hand and filling out mortgage applications. That’s how you wreck a financial system. No need to resort to exotic avenues when low tech solutions work perfectly.

Here’s the docket sheet.

Categories
Legal Research

Gasoline Product Liability

I’ve never seen (or never noticed) this warning before. However, last month, I spotted this peeling sticker on the side of a gasoline pump.

Reformulated Gasoline…may cause a very small percentage of vehicles…to have fuel system leaks which may cause vehicle fires.

What the heck? Assuming these warning signs have been up since 1995, when reformulated gasoline rolled out in the San Francisco Bay Area, I find it odd that I haven’t see this warning elsewhere. Need to make a mental note the next time I visit a different service station whether their gasoline pumps also carry the same warning. However, I find this warning to be vague and unhelpful because it doesn’t define (1) a very small percentage, (2) older vehicles, and (3) high-mileage vehicles. How small is a very small percentage? 5%? 1%? Less than 1%? Considering the number of cars out on the road, a very small percentage could still mean a lot of cars. Secondly, what is an older car? Cars from the 1980s? Cars from the 1960s? Cars from the 1940s? Finally, what is a high-mileage vehicle? Over 100,000 miles? Over 250,000 miles? Seriously, the warning label doesn’t give the driver enough information to determine whether their vehicle is affected by reformulated gasoline.

Categories
Legal Research

Too Big to Fail

Not Brobeck. Not Heller Ehrmann or Thelen. But, is there a law firm out there that is too big to fail? I wonder what the reception would be if a law firm headed to Washington looking for a bailout.

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Legal Research

The Cost of Being Right

Last year, two Washington state lawyers sued Avvo, an attorney rating website, over the scores that Avvo had assigned to their profiles. Although Avvo managed to obtain a successful conclusion to the case within 6 months by convincing the judge to grant its motion to dismiss, it still cost Avvo a pretty penny to prevail. Now, we know exactly how much it cost Avvo thanks to a lawsuit filed by Avvo against its insurer that disclosed that Avvo had spent $134,000 in fees, costs and expenses defending the Browne v. Avvo suit.

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Legal Research

Can You Hear Me Now

Yahoo!/AP reports that the Federal Communications Act prohibits the State of South Carolina from installing communications jamming equipment inside jails and prisons to prevent inmates from using cell phones to commit further crimes.

How many bars can they get inside of prison? I would imagine that cell phone reception inside an imposing concrete structure should be pretty dismal. And, instead of paying for some electronic wizardry to jam signals, the prison can install aluminum siding or other materials to further physically disrupt the cell phones inside the prison. Maybe the state officials need to think outside the box.

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Legal Research

American Airlines, Inc. v. Yahoo! Inc.

Last year, American Airlines sued Google for permitting third parties to purchase keyword advertising on Google based on trademarks of American Airlines. Because the parties settled, Professor Eric Goldman suggested that Google may not have made any special concessions to American Airlines regarding the use of AA trademarks in keyword advertising. Professor Goldman added that American Airlines may have “completely wasted its time and money.”

I suspect that American Airlines must have wrestled something from Google, else why would it have sued Yahoo! last week for the same act?

I found the complaint to be humorous because American Airlines alleged that Yahoo! owns and operates one of the world’s largest Internet search engines, constituting a significant share of the search engine market. Yes, Yahoo! has 20% of the U.S. search market share, but it ranks a distant second to Google. Sort of like saying SanDisk is one of the world’s largest manufacturers of MP3 players. We’re not exactly talking about a photo finish here. Anyways, I’ll predict that this one gets settled fast now that Yahoo! has apparently pulled most of the sponsored results from appearing when conducting a search for various American Airlines trademarks.

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Legal Research

Using a Cell Phone While Driving in California

Just over three months ago, California started prohibiting the use of cell phones while driving. However, the law allowed drivers 18 and over to use a cell phone provided that they also used a hands-free device. So, I was quite surprised to see other drivers talking on cell phones these past few days. You can’t miss the unmistakeable sign: right hand glued to the right ear while driving. This morning, Palo Alto Online reported that the CHP had cited over 20,000 drivers for talking on a cell phone. Although the base fine is $20, the DMV states that “[w]ith the addition of penalty assessments, the fine can be more than triple the base fine amount.” In these times of financial crisis, we can thank our fellow drivers for chipping in an extra $400,000 – $1,200,000 to help out the state.

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Legal Research

Credit Default Swap Explained

I just discovered OverHedged, a blog by Thompson Hine that covers hedge fund litigation. Earlier, I was reading a news article about credit default swap (CDS) agreements and started looking for some information on CDS litigation. Google directed me to this page regarding Aon Financial Products v. Societe Generale. Well-written and extremely insightful. A sign of a good blog is when you want to browse around and read their other posts.

Categories
Legal Research

Florida Bar Find a Lawyer

The Florida Bar Member Search permits visitors to verify the standing of a Florida attorney. However, I think certain profile data is not automatically updated.

How else can you explain that on the same page, the listing shows that an attorney is a “Member in Good Standing” and “Eligible to practice in Florida,” but also was permanently disbarred?