Attorney Steve® Legal News

http://www.vondranlegal.com - Make sure to SUBSCRIBE to our channel, and drop any comments you might have. When I played baseball at Fresno State University, we had a "kangaroo court" that we held in left field on certain days of practice. It was so much fun. If you were found with a hickey on your neck on campus, you can bet you would be called before the court and have to choose a "lawyer" to represent you. You then pled your defense. If you lost, (which was typical unless you had a great argument), a punishment would follow. This is where I first hatched the idea that maybe someday, if baseball didn't work out, I would look into becoming a lawyer. Your team should consider setting up something like this.

http://www.vondranlegal.com - MAKE SURE TO SUBSCRIBE TO OUR AWESOME LEGAL CHANNEL!!! GREAT UNDERGRADUATE MAJORS FOR FUTURE ATTORNEYS For those serious about entering the legal field, undergraduate majors make a big difference. English and history are two of the most traditional degrees since they teach important writing, analytical, and research-based skills that lawyers leverage in their jobs. Likewise, logic and political science provide tremendous value with respect to understanding legal precedent as well as ethical rules which governs how lawyers must operate in their practice. Finally, pre-law degrees provide great structure around the preparation process as they bring together courses like public speaking, appellate brief writing, governmental law, and dispute resolution to give students a realistic look at what law school – and being a practicing attorney – will be like. Together, these five majors can provide a strong foundation for anyone eager to learn more about pursuing a career in law.

http://www.attorneysteve.com [over 700 videos and growing]. Subscribe for new videos: https://bit.ly/38vXDzk​ Thank you for supporting LEGAL EDUCATION and EQUAL ACCESS TO JUSTICE! Yes, you can SHARE OUR VIDEOS on your social media networks. JACK DANIELS BARKING MADE AT BAD SPANIELS DOG TOY The United States Supreme Court has agreed to hear a parody and trademark infringement case involving Jack Daniels, the iconic whiskey brand, and VIP Products, LLC in Arizona over their "Bad Spaniels" dog toy line. Jack Daniels is hoping to set an example that tarnishment of their famed product won't be tolerated- even through a seemingly harmless product like a dog toy. RELATED VIDEOS 1. What is a writ of certiorari: https://youtu.be/Vdr_9e3LfNc 2. Wacky Packages: https://www.tiktok.com/@attorneysteve/video/7161172638222519598 3. What is a declaratory judgment action: https://youtu.be/11_GgXFPe4k

http://www.vondranlegal.com - Make sure to SUBSCRIBE to join over 38,000 friends of the channel! No other channel brings you this great legal information. WHAT IS A MOTION FOR RECONSIDERATION? GENERAL LEGAL STANDARDS "It is a basic principle of federal practice that 'courts generally . . . refuse to reopen what has been decided.'" Magnesystems, Inc. v. Nikken, Inc., 933 F.Supp. 944, 948 (C.D. Cal. 1996), quoting Messenger v. Anderson, 225 U.S. 436, 444, 32 S. Ct. 739, 56 L. Ed. 1152 (1912). As a result, reconsideration is an "extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial resources." Carroll v. Nakatani, 342 F.3d 934, 945 (9th Cir. 2003). Reconsideration is not "granted absent highly unusual circumstances." McDowell v. Calderon, 197 F.3d 1253, 1255 (9th Cir. 1999). A motion for reconsideration "is not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits, or otherwise taking a 'second bite at the apple.'" Sequa Corp. v. GBJ Corp., 156 F.3d 136, 144 (2d Cir. 1998); see also Weeks v. Bayer, 246 F.3d 1231, 1236 (9th Cir. 2001). "A party seeking reconsideration must show more than a disagreement with the Court's decision, and recapitulation of the cases and arguments considered by the court before rendering its original decision fails to carry the moving party's burden." United States v. Westlands Water Dist., 134 F.Supp.2d 1111, 1131 (E.D. Cal. 2001); see also Motorola, Inc. v. J.B. Rodgers Mechanical Contractors, 215 F.R.D. 581, 582 (D. Ariz. 2003) ("Nor is reconsideration to be used to ask the Court to rethink what it has already thought."). "Reconsideration is appropriate if the district court: (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law." Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). A motion for reconsideration serves "a limited function: to correct manifest errors of law or fact or to present newly discovered evidence." Hefelbower v. U.S. Bank Nat'l Ass'n, Case No. CV F 13-1121-LJO-MJS, 2013 U.S. Dist. LEXIS 124120, 2013 WL 4647963, at *2 (E.D. Cal. Aug. 29, 2013), quoting Publishers Resource, Inc. v. Walker Davis Publications, Inc., 762 F.2d 557, 561 (7th Cir. 1985). A motion for reconsideration must describe "what new or different facts or circumstances are claimed to exist which did not exist or were not shown upon such prior motion, or what other grounds exist for the motion" and "why the facts or circumstances were not shown at the time of the prior motion." Friends of Mariposa Creek v. Mariposa Pub. Utils. Dist., No. 1:15-cv-00583-EPG, 2016 U.S. Dist. LEXIS 87606, at *3-5 (E.D. Cal. July 5, 2016)

Some people believe it is fair use to use a song for a political campaign, even without a copyright license. But is this true? Attorney Steve® explains!

RICO, the Racketeer Influenced and Corrupt Organizations Act, was enacted by Congress in 1970. The law is meant to combat organized crime and other unlawful activities by allowing private citizens and entities to sue those involved in such activities. The law also has criminal penalties for those found in violation. To prove a violation of RICO, a plaintiff must first show that the defendant is part of an “enterprise” that engages in some form of criminal activity. This could include a criminal syndicate, a corporation, or even a single individual. The plaintiff must then prove that the defendant engaged in at least two “predicate acts,” which can be any number of illegal activities such as extortion, bribery, or fraud. The third element of a RICO violation is that the defendant used the enterprise to commit the predicate acts. This means that the defendant had some degree of control or influence over the enterprise and that the enterprise was used to facilitate the predicate acts. In other words, it must be shown that the criminal activity was conducted in an organized and continuous manner. Finally, the plaintiff must show that they suffered some form of injury as a result of the defendant’s actions. This could include loss of business or even physical harm. RICO is a complex law, and it can be difficult to prove a violation. That’s why it’s important to consult with an experienced attorney if you believe you have suffered a RICO violation. An attorney can help you evaluate your case and determine the best course of action.

http://www.vondranlegal.com Check out this video if you are a law student looking to crack the system wide open and get the best grades possible.

When you are faced with giving a deposition or a lawyer taking one, it makes good sense to know the most common objections to testimony that you will hear. These objections get raised for the record, but ultimately, the client will be instructed to answer (except as to attorney-client privileged questions). Hope you enjoy. Attorney Steve®

https://www.vondranlegal.com/crypto-lawyer Attorney Steve® discusses the Coinbase arbitration agreement in this YouTube #shorts video. If you have lost in excess of $100,000 to a firm located in California, call us at (877) 276-5084. Vondran Legal® was one of the first IP law firms to sue #FTX founders under #RICO.

There is a unique cause of action under the law that most people are not aware of, and which, if done right, can lead to a substantial recovery to the #whistleblower who is aware of fraud on the government impacting the United States Treasury. These actions are known as #QuiTam and may be brought under the federal #flaseclaimsact. Listen as #ATTORNEYSTEVE explains!!

#shorts #shortsvideo #dmca Twitter sued for not disabling or terminating the account of repeat copyright infringers. #AttorneySteve discusses.

http://www.vondranlegal.com - MAKE SURE TO SUBSCRIBE for more legal goodies!! DMCA "SAFE HARBORS" AT ISSUE IN TWITTER LAWSUIT On December 30, 2022, Artgrid LLC filed a copyright infringement lawsuit against Twitter Inc. in the Central District of California. The complaint alleges that Twitter failed to terminate the accounts of repeat copyright infringers and allowed them to continue to use its website to unlawfully distribute copyrighted content. Artgrid LLC is a privately owned entertainment company that produces, distributes, and licenses hip hop music, among other products. The company holds exclusive rights to a library of copyrighted content, which have been created by hundreds of artists and producers. The complaint alleges that Twitter has been aware of Artgrid’s copyrighted works and has had actual knowledge of the infringements given the receipt of several thousand DMCA takedown letters. Despite being potentially aware of the infringements, the complaint alleges that Twitter has failed to take any action to terminate the accounts of repeat infringers or otherwise prevent them from continuing to use its website to unlawfully distribute copyrighted content. This, Artgrid argues, takes Twitter out of the "safe harbor" rules and makes them directly liable for the infringement. This has allegedly allowed infringers to continue to use the website to unlawfully distribute Artgrid’s copyrighted works, thereby depriving Artgrid of the benefits of its exclusive rights. As a result, Artgrid seeks damages for copyright infringement ($228 million), as well as an injunction requiring Twitter to terminate the accounts of repeat infringers and to implement measures to prevent and deter future infringements of Artgrid’s copyrighted works. The case is currently pending before the Central District of California. The outcome of this case will be of great interest to copyright holders, as it could set a precedent for how social media companies like Twitter, Facebook, Reddit, Instagram, TikTok and others should respond to allegations of repeat copyright infringers. VIDEO RESOURCES 1. Declaratory Judgment explained: https://youtu.be/11_GgXFPe4k 2. Overview of DMCA Takedown process: https://youtu.be/8h6MADx771s 3. California Right of Publicity overview: https://youtu.be/AtMP6xF4Z8Q

https://www.vondranlegal.com/crypto-lawyer - We are now over 700 legal education videos. Make sure to SUBSCRIBE so you can be SMARTER THAN THE AVERAGE BEAR!! Thank you for supporting EQUAL ACCESS to Justice!! COINBASE ARBITRATION AGREEMENTS - ARE THEY ENFORCEABLE? CAN YOU BUST THEM? When faced with a contract containing an arbitration clause, a party may be able to challenge the clause as being procedurally and/or substantively unconscionable. This blog will discuss the different ways to attack an arbitration clause as being procedurally and/or substantively unconscionable. It may not always work, but this is the process if you want to try to have your case heard in State of Federal court as opposed to a private arbitration setting. This is general legal information only and not legal advice. Procedural Unconscionability: Procedural unconscionability is the concept that a contract is procedurally unconscionable when the terms of the contract are imposed without providing the other party with a meaningful opportunity to understand or reject the terms. A court may determine that a contract is procedurally unconscionable if there is evidence that the party signing the contract was not provided with enough time to review and understand the contract, or if the contract was forced upon the party signing the contract. In order to attack an arbitration clause as being procedurally unconscionable, a party may be able to show that the other party did not have a meaningful opportunity to understand the arbitration clause before signing the contract. This could be shown, for example, if the party signing the contract did not have enough time to read the entire contract, or if the party signing the contract did not receive a copy of the contract before signing. Substantive Unconscionability: Substantive unconscionability is the concept that a contract is substantively unconscionable when the terms of the contract are so one-sided or oppressive as to be unconscionable. A court may determine that a contract is substantively unconscionable if there is evidence that the terms of the contract are overly oppressive or if the party signing the contract did not have the same bargaining power as the party who drafted the contract. In order to attack an arbitration clause as being substantively unconscionable, a party may be able to show that the terms of the arbitration clause are overly oppressive or that the terms of the arbitration clause are unequal when compared to the other terms of the contract. This could be shown, for example, if the arbitration clause requires the party signing the contract to pay all of the costs associated with the arbitration process or if the arbitration clause gives the party who drafted the contract an unfair advantage in the arbitration process. Conclusion: In conclusion, a party may be able to attack an arbitration clause as being procedurally and/or substantively unconscionable. To attack an arbitration clause as being procedurally unconscionable, a party may be able to show that the other party did not have a meaningful opportunity to understand the arbitration clause before signing the contract. To attack an arbitration clause as being substantively unconscionable, a party may be able to show that the terms of the arbitration clause are overly oppressive or that the terms of the arbitration clause are unequal when compared to the other terms of the contract. VONDRAN LEGAL CRYPTO VIDEOS & RESOURCES 1. Bored Ape Sued: https://youtu.be/VquL8xJFxSQ 2. Coinbase case in Supreme Court (document): https://www.supremecourt.gov/DocketPDF/22/22-105/232231/20220729160525276_Coinbase%20Joint%20Cert%20Petition%207-29-22%20Final.pdf 3. Coinbase sued over lost crypto: https://youtu.be/G6PwJ8sAVNs 4. Kardashian Crypto influencer dispute with SEC: https://youtu.be/eH03tJMy64w 5. SEC vs. RIPPLE overview: https://youtu.be/NAcki4y2R9s 6. Federal Arbitration Act: https://en.wikipedia.org/wiki/Federal_Arbitration_Act 7. American Arbitration Association ("AAA") Consumer Arbitration Rules: https://www.adr.org/sites/default/files/Commercial_Rules-Web.pdf

http://www.vondranlegal.com - Don't forget to subscribe and hit the notification bell for more legal goodies!! Yes, you can share this video on your social media networks. LEONARD VS. PEPSI - OVERVIEW OF LEGAL DECISION In the now-famous case of Leonard vs. Pepsi, New York businessman Philip J. Leonard attempted to sue Pepsi for an advertisement they ran in 1992. Pepsi had run an ad that declared Pepsi consumers would have chances to win prizes, including a Harrier Jet by collecting a certain number of Pepsi points. When Leonard didn’t receive his jet after following all instructions outlined by Pepsi, he decided to sue Pepsi and seek seek specific performance for delivery of a new Harrier Jet. Pepsi ultimately won in the lower district court and also was affirmed on appeal. The court held it was an advertisement made in jest and an objective reasonable consumer would not have though they would get a jet for $700,000. In the end, Pepsi dodged what could have been an extremely costly mistake for any company running large-scale advertisements such as this one. RELATED VIDEOS: 1. Overview of Declaratory Judgement: https://youtu.be/11_GgXFPe4k

http://www.VondranLegal.com - Potential defenses to Strike Three Holdings, LLC copyright infringement lawsuits. THE DECLARATION OF NON-COPYRIGHT INFRINGEMENT When copyright infringement is alleged by Strike 3 Holdings, LLC in a Bittorrent file-sharing lawsuit, potential defenses that may be raised are related to open wifi, or denial of any downloading and a declaration of non-infringement before or during the federal court litigation may help get your case dismissed. An argument could be made that the copyrighted material was downloaded by someone else on the open wifi connection or via another outside device. Additionally, filing a formal declaration of non-infringement can help provide "exulpatory" evidence in a case, as defendants can attest their legal innocence with supporting documentation. If copyright infringement is proven, damages awarded may vary depending on the particular circumstances and other factors, such as prior copyright violations and financial gain from the copyright violation. Ultimately it's vital that those accused of copyright infringement understand their rights and any potential ramifications before proceeding with a defense.

http://www.vondranlegal.com - Make sure to SUBSCRIBE for more future legal goodies!! ANDY WARHOL FOUNDATION VS. GOLDSMITH This case is similar to a prior case: The copyright infringement saga of artist Andy Warhol was brought to a Supreme Court in the famous case of Campbell v. Prince. In this copyright struggle, Warhol's use of a photograph owned by photographer Patrick Carvell Prince to produce "screen prints" became contested. Oral arguments highlighted how far copyright infringement should go before being deemed as fair use and the extent of protection that copyright law provides. After examining the facts and relevant precedent, the court ruled in favor of Warhol due to his art being transformative in nature, thus defending his right to reuse other people's work under copyright law. VIDEO RESOURCES 1. What is a writ of certiorari?: https://youtu.be/Vdr_9e3LfNc 2. Seeking declaratory judgment of non-infringement: https://youtu.be/11_GgXFPe4k 3. Copyright fair use tips for YouTube creators: https://youtu.be/IUoHdsK0E3I 4. Supreme Court oral arguments - Andy Warhol Foundation lawsuit vs. Goldsmith: https://www.oyez.org/cases/2022/21-869

http://www.VondranLegal.com Depositions are a necessary legal process for gathering information, but common deposition objections can sometimes complicate the process. Three of the most common objections are irrelevant, vague, and calls for a legal conclusion. Irrelevant objections include evidence or questions that do not directly relate to the matter discussed in the deposition. Vague objections relate to questions or evidence that are incomprehensible or ambiguous. The third objection is when a question calls for a legal conclusion from either party--neither party can give such an answer as they lack qualified legal authority. As long as attorneys understand what constitutes a valid objection during depositions, they can help ensure that their client's rights are properly respected throughout the process.

www.vondranlegal.com/nft-copyright-lawyer BREAKING CRYPTO NEWS - BORED APE YACHT CLUB SUED IN CLASS ACTION LAWSUIT The Bored Ape Yacht Club (BAYC) faces a class action lawsuit in THE CENTRAL DISTRICT OF CALIFORNIA over BAYC and Apecoin. The NFT (non-fungible token) platform was designed to appeal to artists who might not have otherwise been engaged in cryptocurrency. However, investors are now suing Yuga Labs and many entertainers who pumped the so-called asset. Allegations of selling an unregistered security, unfair competition, unjust enrichment, and other claims.

http://www.QuiTamClaims.com WHAT IS A QUI TAM CASE UNDER THE FALSE CLAIMS ACT? Qui tam cases fall under the False Claims Act and involve fraud against the treasury of the United States government. These cases are unique in that individuals, commonly referred to as "relators", are eligible to file a lawsuit on behalf of the government and then possibly receive a share of any recovery. These potential plaintiffs need to choose an experienced lawyer to assist them in filing suits and intervening in an active case if necessary. Generally, states or local governments have their own False Claims Acts allowing relators within those jurisdictions to file suit against the state or local government contractors. Qui Tam cases are types of cases falling under the False Claims Act which involve fraud on the government. This can include any form of false representation by defense contractors, healthcare providers, or other organizations in regard to billing for services, materials, and items that were not provided. In these types of fraud cases, the attorney works on behalf of a whistleblower and assists him or her in uncovering evidence that proves the claim is valid. If it is proven true, an award will be given to the person who reported the fraudulent activity (15-30%). The attorney specializing in these types of cases plays a very important role by working together with their client to provide them with necessary resources and legal advice at every step, ensuring justice is served for all parties involved.

http://www.vondran.com WHAT IS RICO CORRUPT ORGANIZATION LAW? ATTORNEY STEVE® EXCLUSIVE CRASH COURSE ON THE LITIGATION WHITEBOARD® Passed in 1970, the Racketeer Influenced and Corrupt Organizations Act (RICO) was designed to deal with organized crime. The law allows for the prosecution of an enterprise - which can be a corporation, partnership, or other association - that engages in a repeated pattern of predicate acts. These predicate acts can include bribery, money laundering, fraud, and more. RICO also provides for enhanced penalties, including the forfeiture of assets and imprisonment. As a result, RICO has been instrumental in taking down many corrupt organizations. lawyer who specializes in RICO cases can be a valuable asset in bringing down these enterprises. Retaining a law firm that understands RICO can help to investigate and prosecute these organizations, ultimately leading to their downfall. Here is the VARSITY BLUES video: https://youtu.be/mdV8fvsZhAE Thanks for watching, and share my video!! SV

http://www.vondran.com - Sports Lawyer Sharing a story from my youth that made a REALLY BIG DIFFERENCE in my life! You should share this video with coaches from all sports!! Good luck!

http://www.vondran.com IS IT LEGAL TO USE A SONG IN YOUR POLITICAL CAMPAIGN RALLIES AND ADVERTISEMENTS? Using unlicensed songs in a campaign for Senator, House of Representatives, Governor, President or another political office can risk receiving a cease and desist letter, or worse, being sued in federal court for copyright infringement. A politician should not use copyrighted music for political rallies without obtaining a blanket license from ASCAP. ASCAP is a performing rights organization that grants licenses to businesses and organizations that wish to play copyrighted music in public. A blanket license from ASCAP provides comprehensive coverage for an entire year, ensuring that the politician will not be accused of copyright infringement. In addition, the ASCAP license covers a wide range of music, making it easy for politician to find tunes that fit their message. Finally, the cost of an ASCAP license is generally very reasonable, making it a wise investment for any politician seeking to avoid potential legal trouble. OTHER HELPFUL VIDEOS 1. Fair Use Tips: https://youtu.be/IUoHdsK0E3I 2. Copyright infringement damages: https://youtu.be/LJxTTcDuhzs 3. Is music "sampling" a fair use? https://youtu.be/kn1Irdlavzs Call us at (877) 276-5084

http://www.vondranlegal.com WHAT IS THE BEST MAJOR TO GET INTO LAW SCHOOL AND SUCCEED AS A LAWYER? Although there is no one-size-fits-all answer to the question of what undergrad major is best for future lawyers, there are a few majors that tend to be particularly well-suited for students interested in pursuing a legal career. For example, political science majors develop skills in analytical thinking and argumentation that are essential for success in law school. Technical writing majors learn to communicate complex ideas clearly and concisely, a valuable skill for any lawyer. And students who participate in moot court have the opportunity to hone their advocacy skills by arguing cases in front of a mock court. Ultimately, any major that helps develop the critical thinking and communication skills needed to succeed in law school can be a good choice for future lawyers.

http://www.vondranlegal.com Q4 COPYRIGHT INFRINGEMENT UPDATES - STRIKE THREE HOLDINGS SEEKING PRIVATE GOOGLE AND NETFLIX INFO OF ALLEGED INFRINGERS. Copyright trolls are shaking up the legal system as they search for victims to sue for allegedly downloading copyrighted material. Now, a new company is targeting alleged copyright infringers with a barrage of subpoenas seeking their personal information. Strike 3 Holdings is sending out subpoenas demanding that Internet service providers turn over the names and addresses of customers who have allegedly downloaded its pornographic films. Is this an abuse of the legal system or a legitimate way to enforce copyrights? Opinions vary, but one thing is for sure: these subpoenas are causing anxiety among those who may have illegally downloaded content. P2P FILE-SHARING DEFENSE If you are facing a lawsuit presented to you by the Law Offices of Lincoln Bandlow, contact us for a no-cost review of your case. We have settled MILLIONS OF DOLLARS in cases seeking to get our clients the best possible deal on every case. Call (877) 276-5084.

http://www.vondranlegal.com. [over 695 videos and growing]. Subscribe for new videos: https://bit.ly/38vXDzk​ Thank you for supporting LEGAL EDUCATION and EQUAL ACCESS TO JUSTICE! Yes, you can SHARE OUR VIDEOS on your social media networks. ATTORNEY STEVE® EXPLAINS "JUDGEMENT ON THE PLEADINGS" In law, a judgment on the pleadings is a judgment given without a hearing on the basis of the pleadings alone. The court makes its decision based on the allegations in the plaintiff's complaint and the defendant's answer. If the defendant fails to file an answer, or if they file an answer but fail to raise any issues of fact, then the plaintiff is entitled to a default judgment. In most cases, a judgment on the pleadings will be granted when there are no disputed issues of material fact. MORE POPULAR VIDEO RESOURCES FROM OUR LITIGATION COLLECTION 1. What is a complaint - https://youtu.be/eLmFe5ZN5rA 2. How to answer a complaint - https://youtu.be/4gyEbD-EEi8 3. Motions for summary judgment explained - https://youtu.be/lMbOwCw7veY 4. How to file a motion like a pro - https://youtu.be/tQgqjJy43r4 5. Federal court process overview - https://youtu.be/6oZWiCq8trE 6. F.R.C.P. Rule 12(b) explained - https://youtu.be/eeW-WrM3ecY Our firm is a leader in representing clients accused of illegally sharing copyrighted movies via BitTorrent protocol. We are also one of the leading software infringement and licensing defense law firms in the United States. Call us at (877) 276-5084 if you are facing legal action.