When an employee or consultant obtains works without a license and they are used within a business (such as photographs or software), they will infringe copyright. In the ordinary course, employers are vicariously liable for the acts of employees during the course of their employment and for the acts of independent contractors. A copyright owner [...]
Mitigation of damage arises in a number of contexts. Claimants to legal proceedings have a positive duty to avoid suffering loss when a legal wrong has been suffered be them. Mitigation is a powerful set of legal principles that entitle a defendant to argue that they are obliged to pay lesser sums in a claim [...]
Recently I had a Federal judge reject my attempts to keep a client on death row from being executed. I was appointed to represent the defendant after he had lost his trial; lost his appeal in state court; and lost his attempt to convince the trial judge to find his case constitutionally flawed pursuant to [...]
