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In the Courts
Tenth Circuit Holding Broadens Scope of Internet Communications
On June 11, 2012, in United States v. Kieffer, 681 F.3d 1143 (10th Cir. 6/11/12), the Tenth Circuit held that testimony by website end-users in two different states was sufficient proof that “a transmission in interstate commerce” occurred, as required for conviction under the federal wire fraud statute, 18 U.S.C.
' 1343. The case involved false statements, contempt of court and wire-fraud allegations against defendant Howard Kieffer, a now somewhat notorious criminal defense “attorney” who practiced law without a license, representing scores of individuals as a trial and post-trial advocate and gaining admission to federal trial and appellate courts across the country despite never having attended law school or sat for any bar examination.
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.