Gratuities and Honest Services Fraud
September 02, 2014
As noted in Part One of this article, in <I>Skilling v. United States</I>, the U.S. Supreme Court limited the scope of the honest services fraud statute 18 U.S.C. ' 1346) to "bribery and kickback" schemes, yet did not define what a "bribery" or "kickback" scheme must entail. So the question becomes this: Must a "bribe or kickback" involve a <I>quid pro quo</I>?
Press Release In Video Game Litigation Not Libelous
August 28, 2014
The U.S. District Court for the Central District of California ruled that a plaintiffs' counsel in a video game litigation didn't libel a defendant in a statement the attorney posted on his law firm's website. Dreamstone Entertainment Ltd. v. Maysalward Inc., 2:14-cv-02063. Dreamstone entered into an agreement for Maysalward and its principal Nour Khrais to develop the mobile-device video game GHUL: 1001 Arabian Nights. But Dreamstone later sued, claiming Maysalward breached the contract and withheld financial…
<b><i>Online Extra</i></b>Ninth Circuit Spurns Web 'Browsewrap' Agreement
August 28, 2014
The U.S. Court of Appeals for the Ninth Circuit has refused to enforce a so-called "browsewrap" arbitration agreement incorporated into the website of Barnes & Noble Inc. against customers who claim the bookseller reneged on their purchases of discounted computer tablets. Barnes & Noble did not take adequate steps to assure its customers were aware of an arbitration agreement tucked in the website's terms of use, a unanimous three-judge panel'ruled'on Aug. 18. The panel affirmed the'
Time to Tweak (not Twerk)
August 12, 2014
Many lawyers generally know what they need to do to grow their practice (foster business relationships) but they need to tweak the execution and the follow up steps which are imperative to growing a client roster.