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.”

Loyola Law School report concludes Prop. 66 will invite litigation

Jennifer Moreno quoted in Daily Journal (registration required), August 4, 2016

“Exemption from the APA would eliminate important public involvement in the most serious punishment a state can impose,” Moreno said. “As we’ve seen in other states, when departments of corrections are able to act with little to no transparency, they act careless and risky… and don’t engage in due diligence when making decisions.”

UC Berkeley law professors view future of landmark Chevron deference

Eric Biber and Daniel A. Farber quoted by Northern California Record, August 3, 2016

The so-called “Chevron deference … is the concept that if a statute in unclear or ambiguous, courts might defer to an agency’s interpretation of the law,” Eric Biber … told the Northern California Record. … “The argument for deferring to agencies is that they have more expertise than courts. Agencies will have economists and scientists, as well as lawyers and engineers on staff, and judges are just lawyers.”
Farber echoed the opinions of others at the conference when he said the court’s lack of reliance on Chevron deference in King proved its justices are “far more removed” from being accountable within a democratic system.

Years of litigation loom as Redstone casese open a Pandora’s box

Steven Davidoff Solomon writes for The New York Times, August 2, 2016

In both cases, the courts ruled against Viacom’s controlling shareholder — National Amusements — as well as Sumner M. Redstone and his daughter, Shari. Both courts found that the issues raised required a trial to examine whether Mr. Redstone, 93, was competent to remove Philippe P. Dauman and George Abrams from the trust that will control Viacom and CBS on Mr. Redstone’s death or incapacity.