Donald Trump's lawyers fail at basic lawyering: Privacy - Salon.com/NYTIMES

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--Salon.com

President Donald Trump may be focusing on how to wriggle out of the Russia scandal that threatens to envelop his administration, but in order to do that, his legal team will first need to get their proverbial house in order.

Exhibit A: The fact that Trump lawyers Ty Cobb and John Dowd were overheard by New York Times reporter Kenneth Vogel dishing over their frustrations with the administration's legal strategy.


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By PETER BAKER and KENNETH P. VOGEL--NYTIMES


The friction escalated in recent days after Mr. Cobb was overheard by a reporter for The New York Times discussing the dispute during a lunchtime conversation at a popular Washington steakhouse. Mr. Cobb was heard talking about a White House lawyer he deemed "a McGahn spy" and saying Mr. McGahn had "a couple documents locked in a safe" that he seemed to suggest he wanted access to. He also mentioned a colleague whom he blamed for "some of these earlier leaks," and who he said "tried to push Jared out," meaning Jared Kushner, the president's son-in-law and senior adviser, who has been a previous source of dispute for the legal team.

HUD Disaster Relief Options for FHA Homeowners

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Was your home or your ability to make your mortgage payments harmed by an event that the President declared a disaster? You may qualify for relief to help you keep your home. Much of the mortgage industry and The United States Department of Housing and Urban Development are committed to assisting borrowers whose lives and livelihoods are thrown into turmoil by a disaster.

If you can't pay your mortgage because of the disaster, your lender may be able to help you. If you are at risk of losing your home because of the disaster, your lender may stop or delay initiation of foreclosure for 90 days. Lenders may also waive late fees for borrowers who may become delinquent on their loans as a result of the disaster.

If you have a conventional mortgage, you are strongly encouraged to contact your lender for further information, and to see if you are eligible for relief.

If you have an FHA-insured mortgage, please continue reading to find out what options may be available to you.






Apple has updated iTunes on macOS to eliminate ringtones, iTunes U, and perhaps most surprising of all, iOS apps. According to Apple's support page:
Apps for iPhone, iPad, and iPod touch are now exclusively available in the new App Store for iOS.

Chemerinsky brief argues Trump's pardon of Arpaio is void--ABA Journal

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BY DEBRA CASSENS WEISS


A proposed amicus brief filed Monday argues that President Donald Trump's pardon of Sheriff Joe Arpaio is void because it violates the Constitution. The brief (PDF) was submitted to a federal judge in Phoenix who is considering whether the pardon, issued before Arpaio had a chance to appeal his contempt conviction, requires her to vacate the conviction, Law.com (sub. req.) reports.





Boston, Massachusetts--The Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) sued (full text of complaint)  the Department of Homeland Security (DHS) today on behalf of 11 travelers whose smartphones and laptops were searched without warrants at the U.S. border.

The plaintiffs in the case are 10 U.S. citizens and one lawful permanent resident who hail from seven states and come from a variety of backgrounds. The lawsuit challenges the government's fast-growing practice of searching travelers' electronic devices without a warrant. It seeks to establish that the government must have a warrant based on probable cause to suspect a violation of immigration or customs laws before conducting such searches.

Read more of press release....

BY DEBRA CASSENS WEISS

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Judge Richard Posner had intended to stay on the federal appellate bench until he reached 80, an age he believed to be the upper limit for federal judges.


But on Friday, at the age of 78, he abruptly announced his retirement from the Chicago-based 7th U.S. Circuit Court of Appeals, effective the next day. The reason is due to "difficulty" with his colleagues over the court's treatment of people who represent themselves, he told the Chicago Daily Law Bulletin in an email.

"I was not getting along with the other judges because I was (and am) very concerned about how the court treats pro se litigants, who I believe deserve a better shake," Posner said. The issue will be addressed in an upcoming book that will explain his views and those of his colleagues "in considerable detail," Posner said.

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macOS HighSierra: Get your Mac prepared

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The new macOS High Sierra is coming and there are a few things you should know: The first, what are the installation requirements? And the second, how can you prepare your Mac for macOS High Sierra?
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, New York Law Journal

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Full Text of Decision:   Myers v. Schneiderman

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"Our Legislature has a rational basis for criminalizing assisted suicide, and plaintiffs have no constitutional right to the relief they seek herein," the Court of Appeals, affirming the ruling by the Appellate Division, First Department (NYLJ, May 4, 2016) and acting Manhattan Supreme Court Justice Joan Kenney (NYLJ, Oct. 21, 2015).

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Lawyer Referral Fees: Worth Paying?--Lawyerist.com

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By Allison Shields


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Referrals from other attorneys are a huge source of business for many law practices. But should those referrals prompt the payment of referral fees? Is it OK to insist another lawyer pay a referral fee in exchange for sending a client to them?
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    It's only a matter of time before the iPhone 8 hits the shelves.

    The upcoming version is rumored to come with a $999 price tag, Business Insider's Edoardo Maggio reported.

    If you're planning to trade in your old phone, it's worth considering an underutilized way to buy your next one: Apple's iPhone Upgrade Program.

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    Read more...


    Under 'Observation,' Some Hospital Patients Face Big Bills - The New York Times

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    On July 31, a federal judge in Connecticut certified a class in a class-action lawsuit: all Medicare recipients who've been hospitalized and received observation services as outpatients since January 1, 2009.

    That means hundreds of thousands of people...will be eligible to join the suit against the Centers for Medicare and Medicaid Services, with a trial expected next year. If the plaintiffs prevail, they'll be able to appeal their observation-outpatient stays.

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    Why does the classification matter? Outpatients can face higher payments for drugs and coinsurance, but the big-ticket item is nursing home care.

    After a hospital discharge, Medicare pays the full cost of skilled nursing for the first 20 days, and most costs up to 100 days -- but only for patients who've spent three consecutive days as inpatients. Without three inpatient days, patients are on their own.

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    Read more...

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    Investigators working with Mueller and Schneiderman have shared evidence, according to Politico, which based its story on information from anonymous sources. The Washington Post also confirmed the report.

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    BY DEBRA CASSENS WEISS

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    The Texas Supreme Court on Tuesday issued an emergency order allowing out-of-state lawyers to practice in the state temporarily to provide pro bono assistance to Hurricane Harvey victims.


    The order (PDF) allows out-of-state lawyers in good standing to practice in Texas for six months in two situations, the Texas Bar Blog reports.

    First, practice is allowed if the out-of-state lawyer is retained by a legal-aid or pro bono program or a bar association that provides services to victims of Hurricane Harvey. Lawyers who want to help should fill out a temporary registration form here.

    Second, lawyers licensed in other jurisdictions are allowed to practice in Texas if they are displaced from their home jurisdiction due to Hurricane Harvey and they practice in Texas remotely as if located in their home jurisdiction.

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    Out-of-state lawyers can help with the FEMA appeals, which are administrative in nature, Brown said. The group's website is here. Additional help for legal aid and volunteer lawyers responding to disaster is at the National Disaster Legal Aid Resource Center.

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    Traveling out of the country? Lawyers should consider using 'burner' devices

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    BY DEBRA CASSENS WEISS

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    Lawyers should take precautions if they want to bring electronic devices with them, according to a program hosted Friday at the ABA Annual Meeting in New York City called "Prying Eyes: Think Confidential and Privileged Client Information Is Safe at the Border? Guess Again."

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    Hinshaw & Culbertson partner Steven Puiszis, the firm's general counsel for privacy, security and compliance, described the precautions taken by lawyers at many large law firms. They typically require lawyers to take "burner" laptops and phones with them that don't contain client data. Lawyers can connect to the firm's network through a virtual private network.

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    Break Yourself: How to Vacation as a Solo Attorney--Lawyerist.com

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    By Jared Correia

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    I work really hard, like most attorneys. But, I'm starting to feel like I'm burning myself out. I'm doing well financially, but I have to work all the time to do it. I'm comfortable working a lot. I just need a break sometimes. I haven't gone on a real vacation in three years. I'm starting to feel like it's impossible for a solo lawyer to take a vacation. Can you help?

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    Read More...



    BY DEBRA CASSENS WEISS

    A Philadelphia lawyer will receive a $30,000 settlement in a suit claiming her constitutional rights were violated when she was handcuffed and detained in a holding cell for refusing to answer police officers' questions during a traffic stop.






    Undocumented Immigrants Can Practice Law in the U.S. - Greedy Associates

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    By George Khoury, Esq


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    California, New York, and Florida have all made national headlines for admitting undocumented immigrants. However, these states are not alone. Illinois, Nebraska, and Wyoming also permit undocumented immigrants to be admitted to their state bars.

    While there have only been a few reported instances of an undocumented immigrant seeking admission to any state's bar, this is expected to increase in the coming years as a result of DACA. Based upon when it was passed, and the age of the individuals it covers, there could a small wave of undocumented immigrant J.D.s seeking admission to bars across the country.

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    Read more...



    Top 5 FAQs on Smart Contracts and Legal AI Services - Technologist

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    Legal software keeps getting better and better. While the fear of being replaced by an artificially intelligent robot looms more closely for some lawyers than others, for the rest of us, the technological advances just make practicing law even better, and easier.

    If you've been thinking about using smart contracts, or some other type of legal AI software or service, you probably have a few questions. Below you'll find five of the top frequently asked questions on smart contracts and legal AI software.


    Read more....be certain to "click" on the topic headings for much more detail...

    Things Lawyers Think Are Tax Deductible That Are Not--Lawyerist.com

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    By Steven Chung

    When it comes to deducting business expenses from taxable income, the general rule is that the expense is deductible if it is ordinary and necessary in the regular course of business. Because this definition is broad, most business expenses are deductible as a matter of common sense. However, there are some statutory exceptions that many people do not know about.


    Don't Take the Bait, Step 6: Watch Out for the W-2 Email Scam

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    The IRS, state tax agencies and the tax industry urge tax professionals and businesses to beware of a recent increase in email scams targeting employee Forms W-2.

    The W-2 scam - called a business email compromise or BEC - is one of the most dangerous phishing email schemes trending nationwide from a tax administration perspective. The IRS saw a sharp increase in the number of incidents and victims during the 2017 filing season


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