February, 2021

The Supreme Court Issues a (Possibly) Landmark Ruling on Qualified Immunity

EvidenceProf Blog

Yesterday, the United States Supreme Court issued a summary disposition in McCoy v. Alamu that could end up being a landmark ruling on qualified immunity. So, what is qualified immunity? As the Supreme Court explained in Mullenix v. Luna, 577

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Big Tobacco Brand KOOL Sues Cannabis Company Bloom Brands for Trademark Infringement


The latest case of trademark infringement involving a cannabis company provides a great illustration of a trademark concept that can be difficult to convey to clients, which is the concept of “likelihood of confusion” where two marks are not identical, or even all that close to identical.


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France court finds government liable for climate change inaction


The Administrative Court of Paris on Wednesday held that the French state is “responsible” for failing to take sufficient measures to halt climate change and for failing to meet its greenhouse gas emission targets.

This and That in Court Technology - February 2021


Winter 2021 There is a massive amount of court technology news this month.

A CHRO’s Perspective on Substance Use in the Workplace: Supportive Strategies to Help Your Workforce Thrive

Speaker: Smita Das, MD, PhD, MPH, Medical Director, Psychiatry and Naj Wright, MBA, C-Suite HR Executive

Through advances in technology and access to care, managers can be empowered to serve as the front line of defense to help identify employee AUD and SUD concerns before they escalate. Understanding AUD and SUD, and providing tools for your workforce to overcome the challenges that they pose, is key to fostering strong mental health at work. Join us for this important how-to discussion.

Will You Lose Your COVID-19 Relief Funds?

Diane Drain

Will you lose your COVID-19 stimulus money if you file for bankruptcy protection? Simple answer is no. Read below. “Recovery rebates” (“stimulus monies”) received as a result of either the CARES Act or CAA are NOT PROPERTY OF THE BANKRUPTCY ESTATE.

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Court Finds Judge's Questions to Fingerprint Expert Threw Shade on the Defense, Requiring a New Trial

EvidenceProf Blog

Federal Rule of Evidence 614(b) states that "[t]he court may examine a witness regardless of who calls the witness." California does not have a direct counterpart to Rule 614(b), but Section 775 of California's Evidence Code states that The court

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How Does My International Cannabis Company Do Banking in the U.S.?


It can be difficult and confusing for an international cannabis company to determine the best way to engage in banking in the U.S. We know that because it is even confusing for domestic marijuana and hemp companies in the U.S. to determine whom to bank with.

Bloody Sunday in Myanmar as over 20 killed by police in widespread demonstrations against military junta


JURIST EXCLUSIVE – More than 24 people were killed in Myanmar Sunday when police cracked down on large demonstrations in multiple cities against the Myanmar military junta that seized power in the country on February 1. Multiple individuals died by live-fire rounds, according to local reports.

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Grammar Giggle – What Kind of Dog?


My daughter-in-law sent me this from one of the Facebook pages she follows. Obviously, it is a correctly spelled word, just an incorrectly used word. Follow. The post Grammar Giggle – What Kind of Dog? appeared first on Proof That Blog.

Building a 5-Star Online Reputation for Your Business

Speaker: Brent Werbeck, GetMoreReviews Co-Founder

Trying to figure out how to turn your happy customer’s comments into 5 star reviews may seem like a daunting task. From internal feedback to Google reviews, what is "really" the way to go? Join Brent Werbeck, Co-Founder of Get More Reviews, in this discussion of how to foster and grow your business's 5-star online reputation.

Avoid COVID Mortgage Relief Scams

Diane Drain

If you are behind on your mortgage, beware of mortgage relief scams. There is free foreclosure help. If anyone tries to charge you in advance for help or guarantees that they can stop your foreclosure, they’re not legitimate.

Graduation Live Stream - February 27, 2021


UPDATE: Due to severe weather in the Houston area, the Graduation Live Stream has been postponed to February 27th. On February 27, 2021, at 10:00 AM Central, Center for Advanced Legal Studies will hold its 67th Commencement Ceremony for graduates of its paralegal programs.

Comprehensive Tour of Eviction Process in California


For successful eviction of a tenant in the state of California, the landlord-tenant law requires a termination of the tenancy, by the landlord. Landlords must have a clear understanding of the California eviction laws , prior to serving an Eviction Notice.

Cannabis in Australia: You Better Run (to It)


On February 1, the over-the-counter sale of CBD products became legal in Australia, following a schedule adjustment in December by the country’s Therapeutic Goods Administration ( TGA ).

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Process Serving Made Easy: Serve in All 50 States Using One Platform

Speaker: PROOF

PROOF has revolutionized service of process. Using our online platform, create serve requests nationwide and receive live updates with mapped verification of each attempt. PROOF’s technology provides users with complete transparency from start to finish.

Angola law prohibiting discrimination based on sexual orientation takes effect


Angola’s revised penal code that not only decriminalizes same-sex relationships but also bans discrimination on the basis of sexual orientation, went into effect on Wednesday.

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Grammar Giggle – Furnuture


My son sent this picture to me. One of the most important words on the item is misspelled. That could be very bad for business. Think about a Google search. How could it come up when you search for “furniture”? Just another reason spelling matters! Follow.

Texas Court of Appeals Finds Defense Counsel Didn't Preserve Expert Evidence Issue for Appellate Review

EvidenceProf Blog

Federal Rule of Evidence 705 states that Unless the court orders otherwise, an expert may state an opinion — and give the reasons for it — without first testifying to the underlying facts or data. But the expert may be

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I couldn’t have done it — wouldn’t have dreamed of even trying — without you and Jay. You’re the very best!

Diane Drain

“I couldn’t have done it — wouldn’t have dreamed of even trying — without you and Jay. You’re the very best!

Wills, Trusts, and Estates: The Essentials of Wealth Management

Speaker: Vi Pham, Attorney at Law

Wealth management is a guaranteed practice: as paralegals, it's essential that you know the complexities of wealth management in order to ensure that your client's rights are protected to their fullest extent. Join Vi Pham, Attorney and educator, in this exclusive webinar that will leave you feeling brushed up and ready. This seminar meets the requirements of the NALA Certifying Board for continuing legal education credit required to maintain the CP (Certified Paralegal) credential.

A Court Public Data Access Proposal – Yes, but…


My friend Bob Ambrogi asked for comment during last Friday’s Legaltech Week Journalists’ Roundtable (an excellent discussion every week about our court customers).

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EU Adds CBD to Its List of Legal Cosmetic Ingredients


On February 4, the European Union (EU)’s Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs added cannabidiol ( CBD ) “derived from extract or tincture or resin of cannabis” as a legal cosmetic ingredient to its CosIng guidelines.

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Kyrgyzstan convicted official detained on new corruption charges


The Pervomaisky District Court of Bishkek announced Saturday that former Kyrgyz customs official Raimbek Matraimov, who was found guilty of corruption earlier this month, is being detained on fresh money laundering charges. .

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Grammar Giggle – Hot Mess Memories


My brother sent this to me from a local newspaper remembering a drive-in theatre in Mesa. “It’s” is one of those words that does not follow the normal possession rules. The only time to use “it’s” is as a contraction of “it is.”

Court of Appeals of Arizona Finds Character Isn't "In Issue" in a Third Party Culpability Case

EvidenceProf Blog

Similar to its federal counterpart, Arizona Rule of Evidence 405(b) provides that When a person's character or character trait is an essential element of a charge, claim, or defense, or pursuant to Rule 404(c), the character or trait may also

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FTC Bans Payday Lenders: Harvest Moon, Gentle Breeze and Green Stream. Forgives Illegal Debt

Diane Drain

FTC Bans Payday Lender and Forgive Illegal Debt – Lead Express, Inc.; Camel Coins, Inc.; Sea Mirror, Inc,; Naito Corp.; Kotobuki Marketing, Inc.; Ebisu Marketing, Inc.; Hotei Marketing, Inc.; and Daikoku Marketing, Inc.From Industry.

Zoom Web Conference Filter Opportunity?


Most of our readers have seen the Zoom filer mishap online video known as “I’m not a cat”. The story even made the news in Germany and late-night TV shows. First, I want to congratulate the Judge for handling the problem, but I have a different view of how we can learn from this? Read more ».

Mexico Medical Cannabis: Fully Legal, But Is It Open?


In our last post , as well as in our Mexico cannabis webinar last month (replay here ), we examined the implications, business opportunities and requirements to take advantage of the Medical Regulations that recently entered into force in Mexico. Yes, medical cannabis is now fully legal in Mexico.

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International telecom giant slams cyber security bill proposed by Myanmar military coup leaders


Norway-based Telenor Group , an international telecommunications company with extensive operations in much of Europe and Asia, sharply criticized a cyber security bill proposed by the leaders of Myanmar’s February 1 military coup in a statement issued Monday.

Grammar Giggle – Hot Mess Memories – Part 2


After I posted the original Grammar Giggle on this photo , I had several people comment that I had missed some errors. I don’t always point out all of the errors–both to give the author some credit and so it doesn’t overwhelm the reader and make it seem worse than it really is.

Military Court Applies Forfeiture by Wrongdoing Exception in Murder Case

EvidenceProf Blog

Similar to its federal counterpart, Military Rule of Evidence 804(b)(6) provides an exception to the rule against hearsay for A statement offered against a party that wrongfully caused or acquiesced in wrongfully causing the declarant’s unavailability as a witness, and

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Five Stars is Not Enough.

Diane Drain

“ Five Stars is Not Enough. It would be difficult to fully describe how effective and talented Diane is. She took my exceptionally (some would say ridiculously) complex case and made sense of it.

Justices to consider whether Arizona’s voting rules discriminate against minorities


The 2020 elections may be over, but the Supreme Court will soon hear oral argument in a pair of voting-rights cases from one of last year’s key battleground states, and the eventual outcome may determine how courts will assess allegedly discriminatory voting rules for years.

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