1. Tom_Brady_vs._Vikings_2014Take it Seriously. A week ago, when asked about the “elephant in the room,” New England Patriots quarterback Tom Brady replied before 4,000  cheering and laughing Patriots fans “Where? When I digest it fully, I’ll be sure to let you know how I feel about it… This is like a Patriots pep rally.”

Special thanks to guest blogger Alex Fuller for this month’s post.

            Who steals my purse steals trash; ’tis something, nothing;

            ‘Twas mine, ’tis his, and has been slave to thousands;

            But he that filches from me my good name

            Robs me of that which not enriches him,

            And makes me poor indeed.

                        –Othello Act 3, Scene 3

While on a date to the Laugh Factory Comedy Club, Terry Tellsall busted a gut laughing and was rushed to Texas General Hospital. Incensed by the treatment and bedside manner he received from Dr. B.D. Manner, Terry barraged his friend Cindy Cussin with texts detailing Dr. Manner’s inability to remember critical surgical procedures and his comments that “with a belly that size, you’re lucky you only busted one gut.” The next day, Terry posted his accusations on a popular doctor-rating website.

Luckily for Terry, the attending Nurse Nancy smelled Dr. Manner’s whiskey breath, heard his comments, and thankfully reminded him of the right procedure. However, Terry’s friend Cindy Cussin was Dr. Manner’s cousin and forwarded Terry’s texts to him. When Dr. Manner read the texts and received the early morning Google Alert with Terry’s website posts, he immediately instructed Able Attorney, Esq., to file a defamation lawsuit against Terry. Is Terry liable for libel?

Probably not. Truth is still a defense to any claim of verbal (slander) or written (libel) defamation. Better yet, the 2011 Texas Anti-SLAPP statute makes it harder for defamation lawsuits to be used as a bullying tactic.


Continue Reading The Case of the Defamed Doctor – SLAPP’ing Down Defamation Cases in Texas

Fresh off his last Tonight Show monologue, Jay Lento is scouring the vintage car dealers’ websites to find replacement wheel hubs for his antique BMW. Searching worldwide, he finds none. When his friend N. Gennyus mentions that he can make exact computer replicas with a 3D printer to create a cast to manufacture the vintage wheel hub, Jay wonders if it’s legal?


Continue Reading There’s a Printer for That!

As 2013 was winding down, the law firm of Dewey, Cheatum & Howe also known as www.BestLawfirmEver.com was calculating its partners’ year end distributions. Before the ink was dry, Dewey announced he was leaving, taking an associate AND the law firm website www.BestLawfirmEver.com. Cheatum and Howe were convinced that the domain name and the website stayed with them and the other lawyers at the firm because their client was the web designer Dee Sine. Who wins?


Continue Reading Domain Names – Possession is 9/10ths of the Law

Local dermatologist Dr. Nomo Ackney’s former patient Idgy Skinn is posting derogatory comments and inferior ratings on HealthGrades.com, Rate MDs.com, Vitals.com, AngiesList.com, TopIx.com and Ackney’s Google Places. He is even calling out and speaking ill of Ackney’s family members and posting Ackney’s home address on Facebook. The complaints detail Ackney’s

smiley-not-face.jpgXavier Breath goes to his local barbershop, the Best Little Hairhouse in Texas, looking for a cut and a new hairstyle to replace his tired comb over.  His young stylist recommends a “Justin Bieber” cut, which she says is very popular.  Xavier does not know who Justin Bieber is, but agrees to try it out.