Commentary: Pleas and bad lawyering
By Scott Forsyth
POSTED: January 31, 2012
Tags: Commentary
Twenty years ago, two law professors wrote, “plea bargaining … is not some adjunct to the criminal justice system; it is the criminal justice system.” How true they were and are.
In 2010, 97 percent of criminal convictions in federal court were obtained by pleas of guilty or no contest. In 2006, 94 percent of all [...]
Recent developments in FLSA litigation 
By Dolan Media Newswires
POSTED: January 31, 2012
Tags: Commentary, FLSA
On the somewhat arcane topic of paying non-exempt employees under the federal Fair Labor Standards Act’s “fluctuating workweek” method, there have been some significant developments in 2011.
Under the FLSA, employers can pay non-exempt employees under the method by paying a fixed salary for fluctuating work hours and paying one-half the regular hourly rate for any [...]
Rules of professionalism for the ethical lawyer
By Dolan Media Newswires
POSTED: January 24, 2012
Tags: Commentary
Most lawyers use the words “professional” and “ethical” as synonyms for some vaguely defined “good” lawyer behavior. However, the concepts are really quite different, and lawyers hoping to act “professionally” sometimes must examine the ethics rules for permission to do so.
As a matter of ethics, as well as fiduciary and other principles, lawyers must primarily [...]
Commentary: Writs of assistance resurrected
By Michael A. Burger
POSTED: January 17, 2012
Tags: Commentary
Do we Americans have the right to privacy from our government? If you think that we do, you would be wrong. A Rochester law allows the city to search rented houses against the wishes of the occupant even where there is no suspicion of crime or wrongdoing of any sort.
Shocked? You’re in good company; the [...]
Commentary: Is Sheriff Arpaio a profiler?
By Scott Forsyth
POSTED: January 3, 2012
Tags: Commentary
December was not a kind month to “America’s toughest sheriff,” Joe Arpaio. He heads the Maricopa County Sheriff’s Office in Arizona. Phoenix is the county’s hub.
For starters, the man Arpaio endorsed for president, Rick Perry, trailed badly in the polls the entire month. Arpaio’s political influence may not be as great as he thinks.
On Dec. [...]
Commentary: The intellectual property year in review
By Dolan Media Newswires
POSTED: December 23, 2011
Tags: Commentary, IP
With 2011 just about over, what better time to review the top 10 intellectual property cases and matters of the year? Drum roll, please.
1. On Sept. 16, President Obama signed into law patent reform measures after six years of congressional patent reform failure. Will the new “first-to-file” system really make a difference? Will the Patent [...]
Commentary: How to make association memberships pay off
By Sylvia Hsieh
POSTED: December 22, 2011
Tags: Commentary
When it comes to association memberships for lawyers, the first thing you must do is join the right organizations, those where your clients, referral sources and prospective clients hang out, and be active in them.
It’s that simple, right?
There is a caveat, however. Joining a business, trade, civic or charitable organization does nothing for generating business [...]
Commentary: The fuss over military detention
By Scott Forsyth
POSTED: December 20, 2011
Tags: Commentary
’Tis the silly season — the Iowa caucuses are two weeks away — and it is necessary to dissect another idea being hotly debated by Republicans and Democrats alike — military detention.
As of Monday, awaiting the president’s signature or veto was the National Defense Authorization Act. It appropriates $662.4 billion for the activities of the [...]
Commentary: Occupy Rochester v. the mayor and city code
By Scott Forsyth
POSTED: December 6, 2011
Tags: Commentary, Mayor Thomas Richards, Occupy rochester
The press has praised Mayor Thomas Richards for allowing the members of Occupy Rochester to sleep over in Washington Square Park after he first said they could not. Implicit in the praise is the idea that the members of Occupy Rochester were “wrong” to want to sleep over.
Actually the truth is muddier. If anything, the [...]
Commentary: Want 24-7 access to employees? Be ready to pay
By John F. Birmingham Jr.
POSTED: December 6, 2011
Tags: Commentary
Walk into almost any establishment, day or night, and you invariably will find dozens of people actively checking their smartphone for emails, texts, or the latest Facebook update. Smartphones are readily spotted in hand at the gym, restaurants, the doctor’s office waiting room, and lounging poolside on vacations.
In fact, a recent Pew survey found that [...]
Commentary: Withdrawals on the eve of trial – Perils for the attorney
By Hon. Richard A. Dollinger
POSTED: November 29, 2011
Tags: Commentary
It is a civil trial lawyer’s nightmare. A day certain order is outstanding, less than 10 days away. The witnesses have been identified and prepared.
But, the all-important “Mr. Green” is MIA.
The retainer is gone: the bills weighty. The client’s repeated promises of payment are unfulfilled.
The attorney turns to his only option: a motion to withdraw [...]
Commentary: Is Fox indecent?
By Scott Forsyth
POSTED: November 15, 2011
Tags: Commentary
Another quiz. What do Cher, Bono, Nicole Richie, NYPD Blue, The Early Show, and Janet Jackson have in common? They inspired the long-running legal drama, entitled Fox Television Stations Inc. v. FCC. The drama appears before the U.S. Supreme Court this term, for the second time in three years.
Back in 2002, during Fox’s live broadcast [...]
