Law and Junk

06/14/2017 04:33 PM
How to Choose a Class Action Lawyer
You’ve just received notice in the mail. You are eligible to join a class action lawsuit against a large corporation. If you’ve received this notice, it's likely that some other plaintiff in the class has already done the legwork, chosen the attorney, and initiated the lawsuit.

But what if you and a group of similarly situated people believe you have a viable claim against the manufacturer of a dangerous drug but there isn’t a class action suit in place? How do you start a class action lawsuit? You start by choosing a class action lawyer.

Whether you are attempting to bring a class action, a mass tort litigation, or a "multi-district litigation" (MDL), having the right attorney can be the difference between winning and losing your case. Below, you will find key information on how to choose a class action lawyer, including tips on questions to ask the attorney and what type of experience to look for.


One of the most over-looked aspects of choosing an attorney is your compatibility level. While this isn’t like a dating app where you need to be a “100% match,” finding a lawyer who meets your needs, while concurrently being able to meet the needs of the class, is paramount in your search.

Do you get along with the attorney? Does he/she answer your questions in a way you understand? Is the attorney reasonably accessible? How communicative is the attorney? You want to feel comfortable talking candidly and that the lawyer you choose is interested in solving your class’s problem. While this is only a small list of possible “ideals” in your attorney pursuit, really having a good working relationship will make the entire process go much more smoothly.

Fee Structure

A key part of the attorney-client relationship is money. We all know lawyers don’t come cheap, so understanding your legal costs upfront can help ease some of the tension surrounding this issue. Choosing a lawyer who has complete transparency with his or her fees should be at the top of your list when selecting your attorney. Typically speaking, most class action attorneys work on a contingency fee basis, meaning that the attorneys only get paid if your class action is successful. Even then, the lawyer’s fee is based on a percentage of the amount awarded in the case.
As always, make sure you get this agreement in writing before signing on to any lawsuit.

Read Full Article Here:  How to Choose a Class Action Lawyer

06/23/2017 10:00 AM
The Slants, The Redskins, and Free Speech for All Parties

This week’s Matal v. Tam (formerly Lee v. Tam) Supreme Court ruling serves as a reminder that free speech is a two-way street.  It also suggests the value of a sympathetic litigant, at least in terms of public response. Many rallied behind Simon Tam and his rock band, The Slants.  The band members, who are all... Continue Reading

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06/22/2017 10:38 AM
The Covfefe Kerfuffle and the Rush to Register Trending Terms

While many of us are working our way through the flood of thought-provoking analysis of Matal v. Tam, I’m taking a break with some lighter fare, namely, covfefe. In case you missed it, the viral non-word “covfefe” was born out of a supposedly meaninglessly typo (perhaps a misspelling of “coverage”) in one of President Trump’s early morning tweets (alternatively,... Continue Reading

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06/21/2017 09:00 AM
THE SLANTS Decision Affects More than a 2(a) and an (R)

In Monday’s decision in the newly minted Matal v. Tam case, the Supreme Court affirmed the Federal Circuit decision that the Trademark Office’s refusal to register THE SLANTS mark on disparagement grounds was unconstitutional.  Many were not surprised by this decision, foreshadowed in part by the transcript of the January oral argument where the justices... Continue Reading

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06/19/2017 11:47 AM
Section 2(a), a Happy-Talk Clause, Really?

We can be certain of one thing for sure, the Supreme Court’s decision today, striking down the disparagement clause of Section 2(a) of the Lanham Act will be analyzed for some time. The Court called the provision of the Lanham Act barring the federal registration of trademarks that consist of or comprise matter that may... Continue Reading

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06/15/2017 08:07 AM
The Missing Apple Trademarks

Far be it from me to criticize a company hoarding over $250 billion in cash reserves – but, hey Apple, why aren’t you filing trademark applications? Perhaps no company’s IP portfolio is of greater interest to the general public than Apple, Inc.’s colossus. (If you disagree, find me another website dedicated solely to one company’s... Continue Reading

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06/14/2017 09:00 AM
On Flag Day, What Flag Can You Protect?

Today is Flag Day, which commemorates the adoption of the Stars and Stripes as our national flag 240 years ago.  Although maybe more obscure than Fourth of July or Memorial Day since it is not a federal holiday, this has always been one of my favorite American holidays.  There’s just something nostalgic, reverent, and almost... Continue Reading

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06/13/2017 12:58 PM
Rapala’s Public Service Announcement?

Sorry for my delay in reporting Rapala’s annual billboard campaign, which began about a month ago, right around the fishing opener, more on my delay later. As you can see, it reads more like a tongue-in-cheek public service announcement than past billboards, playing on the serious problem of texting while driving. Anglers probably handle their... Continue Reading

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06/12/2017 01:23 PM
Acceptable Identification of Goods/Services

Beef jerky is one of my favorite snacks, so while strolling through the Minneapolis skyway, I captured the above floor-to-ceiling advertisement to tell another trademark story. It’s been a while since we’ve written about the importance of brand owners not only thinking hard about their brand names, but also devoting thought and care to the... Continue Reading

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06/08/2017 11:30 AM
An Update on the M22 Road Sign Dispute

A brief update on my post last year regarding the “M22” road sign trademark lawsuit, Michigan v. M22 LLC, No. 1:16-cv-01084 (W.D. Mich.) As a quick refresher, Michigan State Highway M-22 is a popular, scenic route that borders Lake Michigan along the Leelanau Peninsula. Along this route, there are numerous “M22” route marker signs. The Michigan company M22 sells... Continue Reading

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05/31/2017 12:24 PM
What Do You Think Of Having ® On Your Store Sign

I traveled to Barcelona last week to attend the International Trademark Association (“INTA”) Annual meeting. I arrived at the Barcelona Airport the requisite three hours before your international flight.  During my long stay at the Barcelona airport I saw three store signs with ® on them.  They included the following signs:    Although many stores... Continue Reading

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06/21/2017 09:26 PM
Will I see you at the State Bar of Texas Annual Meeting?

That’s not that stupid of a question. There are 100,000 lawyers in Texas, or about 99,900 more lawyers than my county bar association had when I started practicing. I am here in Dallas for the State Bar of Texas (SBOT) Annual Meeting along with David Cuthbert, LexBlog’s business development lead extraordinaire. LexBlog has had the...
06/21/2017 02:30 AM
Lawyers cannot land kudos or be cited without Twitter account

Too many lawyers do not realize they can’t land kudos and be easily cited without a Twitter account. How so? I regularly monitor sources and subjects for items of interest to me. I do it with my news aggregator, Feedly. Many of the items I read I share on Twitter. Many of these tweets are...
06/19/2017 08:24 PM
Law blog basics: How many blog posts needed to launch a law blog?

How many posts are needed to launch a law blog? One. And I’m serious. Too many lawyers and law firms take all the fun out of blogging before they even get started by working on a series of blog posts before they take their law blog live. You know how hard it is to sit...
06/16/2017 08:43 PM
Friday and the bank

It felt good to walk our business loan payment over to our bank this afternoon. I’m old school where we deposited our paychecks and made loan payments in person — especially on Fridays. Gave loan officers, and even the president of the bank, the opportunity to get up from behind their desks to shake the...
06/12/2017 01:27 AM
Legalweek West (LegalTech) Show : Will I see you in San Francisco this week?

I’ll be in San Francisco this Monday through Wednesday attending ALM’s Legalweek West (f/k/a LegalTech Show) and meeting with LexBlog publishers. Legalweek actually runs only two days, Monday and Tuesday. The show is a smaller version of ALM’s LegalTech Show in New York City. And though legal tech is the focus, there are educational tracks...
05/28/2017 08:23 PM
Blogging and speaking work incredibly well together

New York VC and long time blogger, Fred Wilson is a big believer that blogging prepares you to speak well. …If you have to speak publicly a lot, particularly in unscripted situations, I would suggest you write publicly regularly as well. Why? …Writing regularly makes it so much easier to speak publicly in unscripted situations....
05/27/2017 12:15 PM
ABA Board Of Governor candidates using social media to engage?

The ABA Journal shared a list of 12 candidates for the American Bar Association’s Board of Governors as well as the candidate for President of the ABA. I was struck that no where in the ABA Journal’s listing of the candidates did it include the personal social media accounts or blogs of the candidates. My...
05/26/2017 12:25 PM
Learn and have some fun : Intern with Lexblog and I

Want to have some fun, put your passion for social media (Twitter, Facebook, blogging and more) to work, learn a heck of a lot and become a rockstar in your own right? I am looking for a paid intern to work full time this summer and part-time during the school year. Who knows, maybe you...
05/24/2017 08:25 PM
Oh The Places You’ll Go By Blogging

I’m a small town trial lawyer by trade. Over seventeen years, I made it to county courthouses in cities the likes of Viroqua, Prairie du Chien, Sparta, Black River Falls, Whitehall and Mauston. Occasionally I made it to courts in Madison, Minneapolis and Chicago. I don’t believe I was ever invited to speak to a...
05/23/2017 01:38 AM
Legal tech movement underway big time and world-wide

There’s little question a real legal tech movement is underway world-wide — and one that’s accelerating at much faster clip than ever before. It’s different than from just a year or two ago. Being in Amsterdam a couple weeks ago for the Lexpo legal tech and innovation conference and a Dutch Legal Tech Meetup the feeling was palpable. A combination...