President's appointments can't bypass Senate, high court rules | Supreme Court: Reasons behind patent lawsuit delays are irrelevant | Microsoft wants high court to overturn ruling on class-action appeal
March 22, 2017
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Late-Breaking Legal News
President's appointments can't bypass Senate, high court rules
A president cannot circumvent the Senate by nominating an acting director of a federal agency to take over the post on a long-term basis, according to a Supreme Court decision written by Chief Justice John Roberts. The underlying case involved the National Labor Relations Board's acting general counsel, Lafe Solomon, under former President Barack Obama.
The New York Times (free-article access for SmartBrief readers) (3/21) 
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Supreme Court: Reasons behind patent lawsuit delays are irrelevant
The Supreme Court found in a 7-1 decision that a plaintiff had not waited unreasonably long to file a lawsuit against a company that makes adult diapers. If a lawsuit is filed within six years of alleged infringement, the underlying reasons for a delay do not matter, Justice Samuel Alito wrote for the majority.
Reuters (3/21) 
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Technology
Microsoft wants high court to overturn ruling on class-action appeal
Microsoft told the Supreme Court that XBox 360 owners should not have been able to appeal regarding class-action certification before the conclusion of a lawsuit over an alleged design defect. An appeals court had let the console owners voluntarily dismiss their case and then appeal class-certification denial.
Reuters (3/22) 
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Business Practices and Professional Development
Commentary: Present an accurate version of yourself on social media
The intertwining of social media and professional networking means that lawyers should strive to present an accurate image of their professional and personal selves, lawyer Megan Zavieh writes. "[T]here will be things you do in your personal life which will help bring clients to your doorstep," she writes.
Lawyerist (3/21) 
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Laws, Cases and Regulations
Neiman Marcus settles Ill. data breach class-action suit
Neiman Marcus has settled a class-action suit filed in Illinois after a 2013 data breach that affected 350,000 customers. The company will shell out $1.6 million as compensation to customers who had their credit card data exposed.
The Dallas Morning News (tiered subscription model) (3/20) 
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Internet TV provider can't sidestep copy law, appeals court finds
A three-judge panel of the US Court of Appeals for the 9th Circuit held that FilmOn and other online TV providers cannot say they are cable companies and thereby gain exemption from copyright law. Licensed cable companies do not need copyright owner consent to broadcast programs.
The Associated Press (3/21) 
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Purdue Pharma wants Wash. city's suit over opioid problems thrown out
Purdue Pharma asked a federal court in Seattle to throw out a lawsuit filed by Everett, Wash., that alleges the drugmaker played a role in opioid problems in the city. The Los Angeles Times says an investigation found evidence the OxyContin manufacturer withheld information on corrupt doctors and pharmacies from local law enforcement.
Los Angeles Times (tiered subscription model) (3/21) 
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D.C. Bar News
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The D.C. Bar is exploring ways to enhance member benefits and is considering a plan to re-envision what a Sections' membership provides. Please take a minute to fill out this easy two-question poll.
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Easing women's transition from mommy mode to work mode
Easing women's transition from mommy mode to work mode
Morris
In the last of a three-part series on parental leave, D.C. Bar member Jillian Morris of Markham Law Firm talks about how a more flexible work environment helps create an atmosphere where both employer and employee can succeed.
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