| Volume 96 Number 3 |
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The People’s Lawyer’s Tip of the Day
The most dangerous scams today involve counterfeit cashier's, bank, or certified checks. Don't ever give someone you don't know anything in exchange for a check until your bank tells you in writing the check has been "finally paid."
For more general information about the law, check out my website.
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Mass Bans Upskirts After Court Deems Legal
On Wednesday, the Massachusetts high court ruled that the practice of "upskirting" did not violate privacy laws because women were not nude or partially nude.
The case arose after Michael Robertson was arrested for using his cell phone to take pictures up the skirts and dresses of women on a trolly.
The court said, "we interpret the phrase, 'a person who is ... partially nude' in the same way that the defendant does, namely, to mean a person who is partially clothed but who has one or more of the private parts of body exposed in plain view at the time that the putative defendant secretly photographs her." It continued by noting state law "does not apply to photographing (or videotaping or electronically surveilling) persons who are fully clothed and, in particular, does not reach the type of upskirting that the defendant is charged with attempting to accomplish on the MBTA." As a result, Robertson did not violate any laws and was free to go.
A day after the ruling, Massachusetts lawmakers moved swiftly
to ban the practice of upskirting.
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US Government Sues Sprint for Overcharging
Last Monday, officials for the United States government filed a lawsuit against Sprint, alleging that the company over-billed the government by $21 million for wiretapping services.
When the government receives a court order to intercept communications, the communications company is allowed to recoup the cost of installing and maintaining the wiretaps. However, telecommunications companies can't bill for modifying equipment and facilities to streamline interception.
The Department of Justice claims Sprint illegally charged for such modifications.
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Tips for Surviving Daylight Savings Time
On early Sunday morning, most of the country had to turn clocks forward by an hour. Losing an hour of sleep might not seem like much, but some research links the time change to more car crashes and heart attacks. Basically, when people lose sleep, bad stuff happens.
Don't let the lost hour ruin your week! Find out how you can smooth the transition.
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Your Money
Will you be getting money back from the IRS this year? Want to plan ahead so you know what to expect?
Estimate your refund with this tax calculator!
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For the Lawyers
Unconscionability remains a viable defense to enforcement of an arbitration clause.
For the first time, the California Supreme Court considered the impact of both AT&T Mobility v. Concepcion and American Express v. Italian Colors. The court held that unconscionability -- focused on whether a contract is unfairly one-sided -- remains a viable defense to individual arbitration agreements in California.
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