You’re being tracked (and tracked and tracked) on the web

Christopher Hoofnagle quoted by IEEE Spectrum, August 23, 2016

“It’s not so much that I would invest a lot of confidence in the idea that there were X number of trackers on any given site,” Hoofnagle says of the University of Washington team’s results. “Rather, it’s the trend that’s important.”

Trying to turn back the clock on deals gone sour

Steven Davidoff Solomon writes for The New York Times, August 23, 2016

Several such clawback cases over buyouts that were hammered out in the years before the financial crisis but later failed have resulted in thousands of shareholders now fighting to keep the money that was paid out to them.

Lessons from the Viacom dispute

Steven Davidoff Solomon writes for The New York Times, August 22, 2016

Whatever the reason, there is a lesson here for others: remember what your end game is and what is reasonable given your situation. Mr. Dauman never really had an answer to either other than keeping himself in power — and that has not worked so well as the board appeared to back away from supporting him.

How the first liberal Supreme Court in a generation could reshape America

Jonathan Simon quoted by Vox, August 22, 2016

“At the end of the day, the ability of courts to control the level of incarceration is relatively weak compared to legislatures who can change the underlying sentencing structure,” Simon warns. But one thing the Court can do is raise the cost of incarceration by insisting upon prisoners’ rights to humane conditions.

Tech giants gobble start-ups in an antitrust blind spot

Steven Davidoff Solomon writes for The New York Times, August 16, 2016

Facebook and its elite brethren will do anything to make sure they are not the next Yahoo or Radio Shack, killed by disruption and failure to innovate. This translates into paying obscene sums for technology that might challenge their dominance one day.

‘Making a Murderer’: Would Brendan Dassey’s conviction have been overturned without the series?

Ramiah Brien quoted by San Francisco Chronicle, August 12, 2016

“My experience with federal judges is that they’re very careful about having outside influences affect their decisions,” attorney and UC Berkeley adjunct law professor Ramiah Brien said. “Especially in a case like this, I don’t think the judge would want the appearance that he was influenced by something other than what the attorneys were arguing in that brief.”

Trump’s company kept two sets of financial numbers, testimony shows

Robert Bartlett quoted by BuzzFeed, August 12, 2016

From a legal perspective, a projection about the future is more opinion than fact, said Robert Bartlett. … “It smells a little fishy,” he said. “If the internal set of books was what they held out to themselves as the true and likely scenario, then that would seem to be circumstantial evidence that the rosy projections were not honestly held projections.”

Want cheaper Internet access? Hand over your privacy

Christopher Hoofnagle quoted by Los Angeles Times, August 9, 2016

“What Comcast is saying is somewhat akin to the water authority offering a discount for less purified water,” Hoofnagle said. “It is time to conceive of broadband as a utility, one that needs to satisfy basic standards for quality, which include freedom from unwarranted surveillance.”

Making pro bono work mandatory for new lawyers

Charles Weisselberg quoted by Voice of San Diego, Sacramento Report, August 5, 2016

“I know that not every lawyer provides pro bono assistance over the course of his or her career,” said Charles Weisselberg, a professor and former associate dean at UC Berkeley School of Law. “But inculcating that value early is important and will, I believe, assist these fledgling lawyers over the course of their careers.”