Category Archives: General

Online Patient Reviews and California Anti-SLAPP

California’s anti-SLAPP statute is “designed to protect defendants from meritless lawsuits that might chill the exercise of their rights to speak and petition on matters of public concern.” Wilson v. Cable News Network, Inc., 7 Cal.5th 871, 883–4 (2019). “Evaluating what qualifies as an issue of ‘public interest’ inherently requires consideration of the public/private distinction, […]

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Sanctioned for Manipulation of Documents at Deposition

If you are the subject of a court injunction, then you need to take all reasonable steps to ensure compliance with that injunction. Otherwise, you may be at risk of being found in civil contempt. In the Seventh Circuit, a district court must make a finding of “bad faith, designed to obstruct the judicial process, […]

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Vendors Lists Are Not Technical Data

In Department of Defense (“DoD”) government contracts, the government may assert certain rights in technical data of the contractor. Technical Data Department of Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.227-7013(a)(15) (2015) defines “technical data” in pertinent part as “recorded information, regardless of the form or method of the recording, of a scientific or technical nature […]

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Federal Pro Bono Programs in Colorado

“Federal Pro Bono Programs in Colorado,” written by Thomas P. Howard LLC’s James Juo, has been published in the June 2022 issue of Colorado Lawyer. The article discusses the District of Colorado’s pro bono programs. “It is incumbent on those who can to aid those who need,” says Thomas P. Howard LLC’s Kammie Cuneo, who […]

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How to “Wrap” Contract Formation Online

The Ninth Circuit recently revisited the contract formation question of when a website’s terms and conditions are binding on an online user who interacts with that website in Berman v. Freedom Financial Network, LLC, No. 20-16900 (9th Cir. Apr. 5, 2022). Whether a website user legally assents to a website’s terms and conditions typically fall […]

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