Wednesday, March 2, 2011

The Supremes tell corporations, "don't take it personally."

The Supremes announced that corporations don't have "personal privacy rights" under the Freedom of Information Act.  AT&T argued that use of the word "personal" in a statutory exemption must be read with the definition of "person" in another part of the statute, to give corporations the protection from certain FOIA requests.

At page 7 of the slip opinion, the Court shares a nice discussion of words that change meaning when used as nouns or adjectives.  For instance, words like "corny," "crabbed" and "cranky" have nothing to do with corn, crustaceans or handles that are used to operate machines.  And so, AT&T's argument was dismissed for lack of a real world connection between "personal" and "person." It is a fun english lesson, and at 15 pages, it is mercifully short.

I enjoy the last sentence: "We trust that AT&T will not take it personally."  Priceless.

Monday, February 28, 2011

Jason lost his Head, and now he's lost his law license.

As small firm guy, and as a real property litigator, this Virginia bar opinion caught my attention for two reasons.  First, when a lawyer fails to record deeds, it is usually just the first thread of a frayed practice.  Pull that thread and you'll find things like unpaid recording fees, and ultimately missing IOLTA or escrow funds. 

But as a small firm lawyer, I was in awe of this fellows attempts to over-sell his firm.  He represented multiple fake locations, he posted a video on his website depiciting a lay person as a lawyer, he included descriptions of false "practice groups," and used pronouns like "we" to describe the lawyers in the offfice.....but there was only Mr. Head.

Ballsy.....and stupid.

So, for the record, I am the only lawyer here.  Mr. Young is enjoying his retirement, and I have chosen to surround myself with very talented folks who make me more effective.  A few of them may even pass the bar and become excellent lawyers.  And while I practice in multiple locations, they are usually places like "home," or "the beach house," or "ski lodge," and "the train."  I just can't fit them all on a business card.

Thursday, February 24, 2011

California weighs in on MERS, not ready to slide into the ocean, just yet

On February 18, 2011, Judge Irion of the California Court of Appeal, in San Diego, issued a reported decision upholding MERS right to initiate foreclosures in California. The Gomes v. Countrywide decision is worth reading. What is remarkable are the reports about the case saying that the decision was issued only one day after oral argument.

This brief was in the can, before counsel stepped to the podium!

With California leading the nation in the volume of foreclosures, this is a real shot in the arm to the foreclosure bar.