?? LWIL #65: Social Media Ownership, Billable Hour's End, RealPage Investigation, and More
What's on the docket this week:
Featured Story
Hitching A Ride Goes Wrong
Recently, the?Fifth Circuit held?that hitching a ride in a car (with marajuana inside) that is crossing the border, does not technically indicate that one is possessing marijuana. Their convictions were vacated.
Judge Oldham…dissented:
“With all due respect to my esteemed and learned colleagues, sitting on, hugging, and otherwise being sandwiched between and under 283 pounds of marijuana constitutes “possession” of it…In fact, only an irrational jury could look at the picture on the first page of this dissent and conclude that holding marijuana is not possession of it.”
Channeling Cheech Marin: Harsh. Pass joints not judgments man.
?? IP/Transactional
Who Owns Social Media Accounts
A decade ago, the categorization of social media accounts as business or personal sparked controversy, leading to laws protecting employees from invasive employer control of personal social media accounts. The question of ownership between the two types of accounts remains unsolved. In the case of Vital Pharmaceuticals, a company facing bankruptcy,?this issue is highlighted as the company tries to regain control over various social media accounts associated with its product, Bang. The court is considering factors such as account opening documents, terms of service, and control to determine ownership. Until ownership is definitively established, the court is temporarily prohibiting the Owoc family, the company principles, from posting to the accounts, as their actions could harm Vital's marketing value. The court has dismissed the Owoc's First Amendment argument, and the accounts remain in limbo for now. Nevertheless, this case illustrates the complexities of social media account ownership, especially when they are closely associated with an individual as their personal and professional activities can intertwine and impact the company's assets.
?? Litigation
7-Eleven To Pay $91 Million To Chicago Man
A 57-year-old man who became a double amputee after a car pinned his legs against the front of 7-Eleven in 2017 will receive a $91 million payout from the convenience store chain.?The settlement was approved by a Cook County judge and is the largest pre-trial settlement in a personal injury case in Illinois history. The case identified thousands of similar incidents of storefront crashes resulting in crippling injuries. The crashes could have been prevented if 7-Elevens had installed bollards between storefronts and parking spaces, according to the plaintiff’s attorney. The case was the first in which attorneys had access to some 15 years of reports from 7-Eleven, which identified over 6,000 storefront crashes at 7-Eleven stores across the country.
领英推荐
?? Legaltech
End Of The Billable Hour?
As more law firms embrace the use of AI technology, discussions about shifting away from the traditional billable hour model have increased in frequency. Law firms are realizing the limitations of billing clients based on time spent and?recognizing the potential for AI to streamline processes, improve efficiency, and reduce costs. AI tools are being integrated into various legal tasks, such as contract analysis, due diligence, and legal research, all of which can save significant time and costs for both law firms and clients. Additionally, law firms are increasingly using AI for predictive analytics to assess case outcomes and make informed decisions. While there are concerns about potential job displacement, many lawyers are embracing AI as a valuable tool that complements their work and allows them to focus on higher-value tasks.
?? Criminal/Politics
YouTuber Faces Jail Time Over Staged Plane Crash
YouTuber Trevor Jacob staged a fake plane crash for more views on his YouTube Channel and now faces up to 20 years in jail. The YouTuber intentionally made it appear as if the small plane he was flying began experiencing engine troubles mid-flight causing the plane to go down. The video, which has since been removed, caused panic among viewers who believed it to be a real incident. Authorities are now investigating the incident and considering?potential charges against the YouTuber, including creating a false public alarm and reckless endangerment. The incident raises questions about the ethical boundaries of content creation on social media platforms and the potential impact on public safety.
?? Finance/Econ/Regulatory
RealPage’s DOJ Potential Investigation
After rents have seemingly skyrocketed nationwide, a group of U.S. senators has called on the DOJ to investigate RealPage, a leading property management software company. The senators are concerned about?potential anticompetitive practices and the company’s dominance in the rental property market. They argue that RealPage’s acquisition of smaller competitors has led to decreased competition and increased costs for landlords and tenants. The senators also express concerns about the company’s access to vast amounts of personal data and potential for misuse. The DOJ has been requested to examine whether RealPage has violated antitrust laws in hopes that it will shed light on these issues and take appropriate action to protect competition and consumers in the rental housing market.
?? Ethics
Don’t drive intoxicated, seek preferred treatment, be rude to people in court, skip the country, etc. …especially if you’re a Judge
Discipline:?Removed from the bench.