There is a national war going between the whistleblowers and the US government right now. On January 5, two lawyers were fined 1.6 million dollars for talking to the reporters, as the case was under seal and investigation was going on by the US Justice Department. The U.S. District Judge Amy Totenberg has given the order to both by lawyers to pay the fine within 75 days of her order.

In 2008, these two lawyers from whistleblowers had sued some of the National banks because they had defrauded the US government in handling the case of the veteran’s mortgages. They had successfully defeated a lot of banks and have reached the settlement of about $161 million, from which they have received of about $45 million to date. The fines charged to both the lawyers of whistleblowers, because of their action of talking to the reporters, has created a dispute between the US government and the two whistleblower lawyers who were fighting for the allegation legal case in the favor of the government.

The lawyers who have been fined have claimed that they have not spoken about the sealed case, but they have simply lashed out against the federal prosecutors who are against their clients. Even Jim Butler, who is the legal team representative of the former mortgage brokers Brain Donnelly and Victor Bibby, has stated in the court paper that the government has done something or said something in this case when it gets the opportunity to hurt the people who have actually went far and has secured more than $161 million as a recovery for the government itself.

The frustration of Butler can be seen very clearly against the government prosecutors, who have stated not to take up the whistleblower lawyers for the surviving litigation against Wells Fargo Home Mortgage Inc., who are still fighting the case of the allegations from the year 2008. Wells Fargo has appealed the Judge Amy Totenberg to dismiss them from allegation case and the federal prosecutors has appealed to her, to fine them $2.7 million for talking to the media, but still they acknowledged that their action haven’t harmed the case in any way. Butler has appealed to the judge to fine them after the allegation case is concluded, but Judge Amy Totenberg has ordered them to pay the fine with 75 days and it has boiled up the atmosphere a great deal.

When on 22^nd February Hollywood is preparing itself for attending the Red Carpet, Intellectual property Lawyers are scouring the nation for protecting the Brand Oscar!

The Academy of Motion Picture Arts and Science have been alleging the receivers or the family members of the receivers of this prestigious award for violating the copyright of these gold statuettes. Being one of the biggest events related to Hollywood and motion pictures around the world, there has been commercialization of the Brand and lawyers from Quinn Emanuel Urquhart & Sullivan are trying to filter it.

Tayback, one of the prominent lawyers of the team of Academy lawyers mention that Oscar is a national brand and is incredibly valuable. Hence, they need to protect this brand after 86 years of its creation from those who are using it for commercialization. This includes those individuals who are selling their family members’ awards received long back. The Oscar looks alike are also target as they are infringing the value of the iconic image.

The retailers, who were targeted by the Academy, are represented by Jeffer Mangels Butler & Mitchell and their intellectual property department head Rod Berman mentions that if one arm is sticking out then the statuettes are most probably not infringing any brand. According to Berman, most of the cases settle down as someone selling $50000 merchandise cannot give legal fight with Academy. It’s not possible for them to defense the budget that Academy can pose.

Since 1986, Quinn Emanuel has been the Academy’s trademark and Copyright infringement firm. Their relationship began when David Quinto, one of the first attorneys of Quinn Emanuel represented Academy along with a private investigator. During the lunch hour, someone was stealing the handbags of the Secretaries. Hence, for catching the thief a private investigator was hired. This investigator noticed that many “fake Oscars” were sold in Hollywood and thus referred Quinn to Academy for dealing with this national brand infringement problem.

According to the 1951 provision of Contract among the recipient of the award and the academy, before selling the awards outside they need to offer the Academy for refusing it to buy at $1. For this, last year an Auction house was sued that sold the Oscar awarded to Joseph Wright in 1942, art director of Musical ‘My Gal Sal.’ Wright’s nephew, who inherited the award and the auction house who purchased the award, was sued.

However, according to the lawyers who represented the buyer said that the contract provision does not imply in this case. The compensatory damages were of $79200 that is the sale price of the Oscar. However, the case is not about money. Oscar is much above commerce and its prestige has to be maintained.

It’s well-known that copyright laws are there for protecting the creators of photographs, paintings, and musical works. Now, does buildings and light show displays are also included among them? As they too are considered as creative work, they are also protected by copyright act. If someone uses any photographs of such properties for non-personal without any legal permission from the copyright owner, then it would be considered as infringement of Copyright laws.

It has been an international mandate that copyright tends to last for seventy years after the copy righter expires. In European countries, the buildings and other architectural works can be photographed freely, provided that they are located at any public place. These images can be displayed or printed and distributed anywhere without any restriction.

Under such situation, there has been question related to Eiffel Tower, which was constructed long back in 1889. As its copyright has expired long since, this internationally famous landmark falls within the public domain. However, the story gets opposite in the night when the structure is illuminated.

The night-time illuminations were done recently in 2003 and hence being considered as ‘artistic work’ it falls under the Copyright laws. The illumination of Eiffel Tower is considered to be separate from the structure itself, thus for reproducing its images in any form needs prior permission from SETE or Société d’Exploitation de la Tour Eiffel, who are the operating Company of Eiffel Tower.

While the day time views are rights free, for capturing the tower at night prior approval is required, such is mentioned in the official website of Eiffel Tower. Many tourists are surprised with this declaration. It’s a common practice nowadays for national and international tourist for taking the snaps of illuminated Eiffel Tower and posts it on social media. The legal acts say that the social media being public and commercial websites, the tourists are infringing the copyright law. People can take shots at nighttime, but it should be for their personal use. It must not be distributed over internet in any forum or media.

Although users posting the images of Illuminated Eiffel tower would not expect to have cease and desist letter from SETE, yet if it has been found that the images starts attracting economic value, the user may face severe penalties. Even if the images have high public exposure then also high penalties for infringement may be imposed. Although it’s known that individuals would not do them deliberately, yet for the sake of caution the legal steps may be taken.

Indian-American lawyer Vanita Gupta to lead its civil rights division

The US justice department has appointed Indian-American lawyer Vanita Gupta to lead its civil rights division that is charged with implementing laws which preclude discrimination and other unjust exercises in education, employment and housing.
According to an official statement from The Department of Justice (DoJ), Ms. Gupta would take on the responsibility of Principal Deputy Assistant Attorney General and Acting Assistant Attorney General from October 20 at the division. She would succeed Molly Moran, who will be appointed as Principal Deputy Associate Attorney General.
Attorney General Eric Holder, announcing her appointment, said “Vanita has spent her entire career working to ensure that our nation lives up to its promise of equal justice for all”.
Gupta was born to immigrant parents in the Philadelphia region. She was conferred from Yale University a BA, magna cum laude. She received JD from the New York University School of Law. As a lawyer, she began her career with the NAACP Legal Defense and Educational Fund. Since 2008 at New York University School of Law, she has also taught civil rights litigation and advocacy clinics.
Before joining the justice department, she had been the legal director of the American Civil Liberties Union. She also served as the director of its Center for Justice. Earlier, she served as an attorney for the Racial Justice Program of the same institution. Gupta, through her collaboration with the ACLU, has been involved in reform initiatives throughout the nation concerning criminal law, drug policy, sentencing and federal and state policing.
In recent days, her work has concentrated on creating a bipartisan unanimity to end over-dependence on incarceration.
When Gupta was finishing high school in 1992, her paternal grandmother who was 71 years at the time was murdered during a robbery at the home. The experience seemed to give her deep sympathy to victims of crime, and Gupta later wrote that the murder has not been solved and that “…the anguish it caused my family will never fade away.” This possibly also shaped her perspectives on the U.S. criminal justice system which according to her has focused too often “…on vengeance and punishment and racial suspicion rather than on crime prevention.”
“Vanita Gupta is the ideal choice to head the Civil Rights Division…” said Suman Raghunathan, the Executive Director of SAALT “….given her vast experience and stellar reputation in the civil rights community”. Eric Holder, Attorney-General, also remarked that Gupta had spent her whole career in ensuring that America lives up to the promise of providing everyone with equal justice.

Canadian anti-spam law

The controversial anti-spam law in Canada has already compelled businesses to change their email communication with customers. However, the law will also begin to target software manufacturers from early next year.

From Jan. 15, 2015, companies will need to obtain consent prior to setting up any software on the computer of an individual in case the application is able to send electronic messages in a covert manner or consists of some other functionality delineated in the law.
Companies also need to reveal to users clearly whether the application can gather personal details change data, preferences or settings on the system, allow some third party to access the system, interfere with the usual operations of the computer or intervene with the usual operations of your computer. According to the law, the disclosure has to be delineated prominently, clearly and separately and “apart from the license agreement.”
The law has been framed to lash out at the makers of spyware and malware. However, it can also affect software firms that are legitimate and for non-compliance even such companies can face fines of up to $10 million.
However, the law exempts JavaScript code, HTML, web cookies, operating systems and software upgrades or updates in case a firm can prove that a user has consented to setting up the program prior to its installation.
The legislation, as expected, set off a debate and opposing reactions from all quarters. The legislation is supported by the likes of Michael Geist, a professor at the University of Ottawa and the Canada Research Chair in Internet and E-commerce Law. According to him customers are putting on their systems a lot of stuff often without having much knowledge about the same and said that it “raises the bar in terms of consumer awareness when they’re installing software, better awareness about what that software will do, and greater disclosure requirements on the part of businesses seeking to install those programs.”
However, Michael Fekete, who is a lawyer with the Osler, Hoskin and Harcourt law firm based in Toronto, criticizes the law and says that it is circumventing and should have specifically concentrated on spyware and malware. While he admits that spyware and malware are undoubtedly things which need to be banned, there is a wide range of programs “that are regulated regardless of whether the software will have a negative impact.”
Geist, however, thinks that it will not be taxing to abide by the law and the change will be supported by Canadians.

Here are some of the latest and breaking legal issues in US:

1. White House accused the trespasser to show in court

With the recent news about an accused intruder in one of the most protected buildings in the world—the White House, he is now expected to appear in court on Monday for his first scheduled court proceeding. The 42-year-old accused man in the name of Omar J. Gonzales from Copperas Cove, Texas is facing legal charges for unlawfully intruding a restricted ground or building whilst carrying a dangerous or deadly weapon.

2. Hawaii, Nevada, Idaho gay marriage laws are in court

Since the California declared the unconstitutional banning of gay marriage, the San Francisco court is ready to listen and hear arguments on Monday about the issue of same-sex marriage banning in Hawaii, Nevada and Idaho in a more legal and political climate unlike how the issue was reversed Proposition 8 way back in 2012.

3. A 1991 murder case by a mother to his own son is scheduled in court.

A 46 year old woman, Michelle Lodzinski from Florida is expected to have her initial appearance in the courtroom of New Jersey on Tuesday afternoon in accordance to the legal case of killing her own five year old son Timothy Wiltsey way back in 1991. Lodzinski was arrested last August 7 and since then was jailed in a New Jersey jail with a bail of $2 million. Lodzinski’s legal attorney says her client adamantly denies the charge and that her son vanished in a carnival. But as the investigators did their complete investigation about the matter, they said that Lodzinski kept changing her story. In addition to this, a county respected jury released an indictment declaring “she really did knowingly or purposely killed” or “knowingly or purposely inflict serious body injuries” to her own son, resulting to his death.

There are now many people from different parts of the world who want to become lawyers. Choosing the best law school is important because law school where you will enter will have an important role on molding your future career as a lawyer. You must be careful and wise enough in terms of choosing an international law institution.

You need to understand that international law has evolved also. International law can be classified today as international tribunals, courts and multinational organizations. So, it is essential to find an international law school that can help you acquire the international concept of law. Choosing the best international law can relatively lead you to be a competent lawyer.

If you want to become an international lawyer then why not consider entering in an international law institution? There are several international law institutions to choose from. To give insight to you, the U.S News shows the list of the Top 10 International law institutions. The Top 10 law institutions based from the report of U.S News are listed below:

1. New York University
2. Columbia University
3. Georgetown University
4. Harvard University
5. American University
6. University of California
7. Yale University
8. University of Michigan
9. Duke University

This list of the top 10 Law institutions can relatively help many people choose where to study law. To study law is such a very fulfilling career path. Obtaining your goal in life requires you to choose the best educational institution that can help you mold your skills and your overall capacity to be a competent lawyer. Choosing the best law school can help you acquire high class learning and experience. So, to become a good lawyer, you choose one of these famous international law institutions. Sooner or later, you find that you made the best choice and you will be glad that you did.

The circumstances under which Michael Brown died on August 9^th are in dispute. According to the police, Brown was shot while fighting the officer for his gun. Some witnesses on the other hand say Mr. Brown’s hands were in the air when the last shots were fired.

Other accounts by witnesses seem to concur that the struggle began in Mr. Wilson’s patrol car. Mr. Brown was apparently leaning in through the window, when Mr. Wilson’s firearm went off inside the car. Mr. Brown was then shot as he tried to run away, the officer then ran out of his car and fired at him. Mr. Brown then stopped and turned around to face Mr. Wilson.

Accounts of what transpired differ after that, some witnesses are saying that Mr. Brown approached the officer in a seemingly threatening manner, when he was shot. Others claim he was not moving and might have had his in the air when he was killed.

The F.B.I. has since opened an inquiry into the shooting. The St. Louis County prosecutor, Robert P. McCulloch is handling the case locally even with calls to have it shifted to a special prosecutor. A county grand jury began the hearing on Wednesday.

If charges are filed against Wilson, the next phase will involve presenting evidence to the grand jury. It goes to the grand jury, and if a grand jury indicts, an arrest will be made. Opinions differ on what the charge will be, some seem to think that there are no grounds for a first or second degree murder charge claiming that the facts are incomplete and the best they would do was manslaughter while others were of the opinion that there would be a decent second degree murder charge because the standard would then be whether the killing was done knowingly or not.

NBA agent Greg Oden is facing a felony charge after police stated that he attacked his former girlfriend after a night of partying. The court appearance has been attended on August 13th.

The 285 pound Oden is accused of punching his former girlfriend Christina Green in the face several times as well as fracturing a bone in her nose. The bloody incident was brought to an end by the mother of Oden, who was shocked by the commotion.

Oden was charged on August 11th with one count of felony, resulting in bodily injuries, also referred to as a Level 5 felony, he was arrested in his mother’s Lawrence home, as stated by the Lawrence Police Department report.

Oden is risking a penalty of 1 to 6 years behind bars.

Based on court papers, police officers had been called to the property in the 7200 street to Maple Bluff Area for an investigation associated with a wounded man or woman. After arrival, authorities started off speaking to Oden, who was simply outside of the residence.

Inside the house, Green was laying on the sofa with blood on her face, She suffered from cuts to her nose and forehead. Blood could be observed on the ground and the couch, there had also been filth coming from a flower pot scattered on the floor, reported by official documents.

Just as Christina Green yelled and rejected medical attention, her closest friend explained to law enforcement that Oden smacked Green in the face area, documents stated.

Law enforcement reported that Green, to begin with, said to researchers that she fell. She could not reply to questions regarding the particular incident and just wouldn’t permit officials to photograph her injuries.

The mother of Oden, Zoe Oden, was at her residence during the time and was disturbed by the incident, according to official reports. Zoe Oden informed law enforcement that each and every time the two visited and moved out, a quarrel followed.

Immediately after her son’s police arrest, Zoe Oden explained to law enforcement that disagreements were resolved between the couple. She included that she had not seen what went down, however she needed to keep her son away from Green.

Green was taken directly to the Community North Hospital for stitches to her face and further hospital treatment. She was also reported to have a closed fracture on the nose bridge and may also require surgery at some point.

Green initially stated that Oden had been drinking while they were out, she also said that they went to a night club just before the incident. Oden is claimed to become upset after he drinks, Green states.

According to The Buffalo, NY State Liquor Authority, it is forbidden for the police officers to work directly for bar owners or to sale and distribute alcohol.

So I ask, what were these off duty police officers doing at the Molly’s Pub on the night that Sager (the victim) was attacked and injured and eventually died of his injuries?  And if there was really no connection and wrong doing on the police officers part why were they trying to tamper and conceal the surveillance equipment?

According to the victim’s friend the exchange was uncalled-for and if so why was he not given the care he needed as soon as he was pushed or forced down the stairs with a shovel…   And actually for that matter why was there a two handed shovel inside the bar?  Who brings a shovel to a bar? Was the shovel actually planted there for a purpose?

I don’t care if you’re just a member of your community or a police officer; everyone should get the same kind of judgment when prosecuted.  Others might think as a police officer you should get harsher punishment since you are the law that others try to obey and you should supposedly know better!!

On duty or off duty when you take the oath to serve and protect your communities you should be willing to do so either way.

I don’t want to stereotype and say all police officers act the same in situations like these, because that’s not the case but doesn’t these kind of legal news and incidents raise the question as why police officers are so harsh when it comes to punishing others and when their the one on trial they want the entire world to feel sorry for them?

Dominic Saraceno,  a local criminal defense attorney, who has no affiliation with the trial stated: “ if the case goes to trial , the defense attorney might question the witness in the case and try to compare testimonies and find inconsistencies anywhere they can to show the defendants innocence”.

All I say is police officer or not, we are all human beings and make mistakes throughout our life journey, but we also need to stand up and own our wrong doings no matter what the consequences may be.

Besides, aren’t police officers supposed to protect and serve and promote peace and quiet in our communities?  Am I not supposed to feel safe around police officers?