THE TOL LAW BLOG

Berkeley College Settles Student Deception Suit with NYC

By TalksOnLaw Editorial

New York City Reaches Settlement with For-Profit Berkeley College to Provide Debt Relief to Students   In March 2022, the New York City Department of Consumer and Worker Protection (DCWP) reached a settlement with Berkeley College for $20 million in debt relief to former students. Berkeley College is one of the largest for-profit colleges in New York state and has campuses in New York and New Jersey. The settlement resolves a 2018 lawsuit filed by the DCWP in which the city alleged that Berkeley engaged in a variety of deceptive and predatory practices. What were the alleged deceptive and fraudulent practices, and what are the benefits of the settlement for students? DC...

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Will Smith Slapped Rock – What Laws Are Implicated?

By TOL Social

Legal Liability for the Slap At this year’s Academy Awards (March 27, 2022), the surprise of the evening was a literal hit. During the ceremony, and very much on camera, Will Smith walked onto the stage and slapped Chris Rock after Rock (one of the evening’s presenters) made a joke about Smith’s wife’s haircut  — “Jada, can’t wait for G.I. Jane 2.” In this post, we’ll take a quick look at the criminal and civil liability that this raises.  (video published by The Guardian, YouTube)   Will Smith hitting Chris Rock — what crime was committed?  Can Will Smith be held criminally liable for slapping Chris Rock? In California, slapping another person is a form of cr...

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Grandfather Clauses in Tobacco Laws

By TOL Social

In an effort to cut down on the health costs of tobacco use, two countries are pioneering a new approach to tobacco policy, grandfather clauses in nicotine laws – preserving legal tobacco use only for today's adults and prohibiting sales to adults of the future.    In New Zealand, lawmakers are working to pass one of the world’s strictest tobacco laws, outlawing the sale of tobacco and other nicotine products to anyone born after 2008. As soon as 2027, the legal smoking age could increase every year, effectively banning anyone born after the 2008 cut-off from legally purchasing tobacco products. Similarly, Denmark has announced plans to ban the sale of tobacco products to ...

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Can You Inherit an Instagram Account?

By TOL Social

For many, Instagram or IG has become a part of our lives, a place to collect memories and to connect with friends. For others, Instagram can provide a source of income, allowing the account holder to monetize their social media account. But what happens to our accounts after we die? Are our IG accounts digital assets that can be bequested or inherited? The short answer is no. Transferring an IG account after death can be complicated.To get to the bottom of this legal conundrum, we need to understand two things: 1) the contract between Instagram and its users known as the Terms of Use and 2) some basic information about digital assets and how they are transferred.     INSTA...

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BROWSE POSTS


De Minimis Copyright Infringement in Music

In the context of musical copyright infringement, the legal doctrine of “de minimis infringement” involves using parts of a song in such a small amount that it does not constitute a significant legal violation. The doctrine posits that the law will disregard copying where the copied material is too trivial to qualify as an infringement.  Under the theory, borrowing one chord from a song may be found to be too insubstantial to qualify as infringing. Courts, however, are split on the question of how to discern what constitutes an inconsequential, or trivial, use of copyrighted material. This article probes into this concept, known as “de minimis” testing, revealing a battleground ...


Published: June 6, 2023
Will Smith Slapped Rock – What Laws Are Implicated?

Legal Liability for the Slap At this year’s Academy Awards (March 27, 2022), the surprise of the evening was a literal hit. During the ceremony, and very much on camera, Will Smith walked onto the stage and slapped Chris Rock after Rock (one of the evening’s presenters) made a joke about Smith’s wife’s haircut  — “Jada, can’t wait for G.I. Jane 2.” In this post, we’ll take a quick look at the criminal and civil liability that this raises.  (video published by The Guardian, YouTube)   Will Smith hitting Chris Rock — what crime was committed?  Can Will Smith be held criminally liable for slapping Chris Rock? In California, slapping another person is a form of cr...


Published: March 31, 2022
Can You Inherit an Instagram Account?

For many, Instagram or IG has become a part of our lives, a place to collect memories and to connect with friends. For others, Instagram can provide a source of income, allowing the account holder to monetize their social media account. But what happens to our accounts after we die? Are our IG accounts digital assets that can be bequested or inherited? The short answer is no. Transferring an IG account after death can be complicated.To get to the bottom of this legal conundrum, we need to understand two things: 1) the contract between Instagram and its users known as the Terms of Use and 2) some basic information about digital assets and how they are transferred.     INSTA...


Published: July 22, 2021
Joe Biden, the 27th Lawyer President

Inauguration Day: A Tale of Two ESQs On January 20th, 2021, Joe Biden took office as the 46th POTUS, but he also added his name to a long list of attorney predecessors––26, to be exact. He earned his J.D. degree from the College of Law at Syracuse University in 1968. His Vice President, Kamala Harris, a long-time prosecutor, graduated from UC Hastings Law in 1989.    Lawyer Presidents: A Brief History In all, Biden became the 27th attorney out of 45 presidents (not out of 46 because Grover Cleveland took office for two non-consecutive terms as both the 22nd and 24th president). For those who are counting along, the following presidents were lawyers:  John Adams (1...


Published: January 20, 2021
New COVID-19 Testing Rule for International Travel

CDC's COVID-19 Order on International Travel The CDC issued a new order restricting travel to the United States from a foreign country. Under the new rule, air passengers entering the U.S. must pass a COVID-19 test prior to flying or be cleared by a medical professional after recovering from the virus. The order also provides that additional instructions and guidance for airlines may be forthcoming. The rule takes effect on January 26, 2021.   The Legal Justification What legal grounds does the Centers for Disease Control and Prevention use to justify regulating air travel? Under 42 CFR § 71.20 (Public Health Prevention Measures to Detect Communicable Disease), the C...


Published: January 13, 2021
Beyond the Law: The Fighter

There are hard-hitting lawyers and there are hard hitting lawyers. For Julie Cohen, a litigation partner at Skadden, Arps, the combat takes place both in the courtroom and in the ring. When Cohen isn’t busy fighting for her clients, she’s training as an A-Class Muay Thai fighter at her home gym, Five Points Academy, in New York City. Having taken up the sport just three years ago, Julie has gone from beginner to elite, fighting at prestigious tournaments and promotions around the country in the process. We sat down with Julie to learn more about how a full-time litigator at one of the nation's most demanding firms could also become one of the top female Muay Thai fighters in the...


Published: September 3, 2019
What Is “Reading the Law,” Kim Kardashian's Law Study Apprenticeship?

When media personality Kim Kardashian-West announced to her loyal following that she was studying to become a lawyer without attending law school, many of you asked "HOW?" (and some asked "why," but that’s for another day). How can you become a lawyer without attending law school or, in Kardashian’s case, without a college degree? We are here to explain. Kardashian’s path to lawyerdom is sometimes called “reading the law,” which, while exceptionally rare today, was once the norm.   WHAT IS READING THE LAW? So first, what is “reading the law?” Basically, it’s a JD via apprenticeship but without the actual degree. In her case, Kardashian will need to spend at least four yea...


Published: June 21, 2019
Berkeley College Settles Student Deception Suit with NYC

New York City Reaches Settlement with For-Profit Berkeley College to Provide Debt Relief to Students   In March 2022, the New York City Department of Consumer and Worker Protection (DCWP) reached a settlement with Berkeley College for $20 million in debt relief to former students. Berkeley College is one of the largest for-profit colleges in New York state and has campuses in New York and New Jersey. The settlement resolves a 2018 lawsuit filed by the DCWP in which the city alleged that Berkeley engaged in a variety of deceptive and predatory practices. What were the alleged deceptive and fraudulent practices, and what are the benefits of the settlement for students? DC...


Published: April 14, 2022
Grandfather Clauses in Tobacco Laws

In an effort to cut down on the health costs of tobacco use, two countries are pioneering a new approach to tobacco policy, grandfather clauses in nicotine laws – preserving legal tobacco use only for today's adults and prohibiting sales to adults of the future.    In New Zealand, lawmakers are working to pass one of the world’s strictest tobacco laws, outlawing the sale of tobacco and other nicotine products to anyone born after 2008. As soon as 2027, the legal smoking age could increase every year, effectively banning anyone born after the 2008 cut-off from legally purchasing tobacco products. Similarly, Denmark has announced plans to ban the sale of tobacco products to ...


Published: March 17, 2022
Who was John Rock?

The First Black American Admitted to the SCOTUS Bar February 1st marks the beginning of Black History Month. On this day in 1865, the same day Lincoln sent out the Thirteenth Amendment, John S. Rock changed history to become the first black Supreme Court lawyer.    John Rock, JD, MD, DDS John Rock was a pioneer not only in the legal profession but also in teaching, medical, and the abolitionist movement. Rock first turned to dentistry after initially being denied entrance to medical school. He earned his medical degree in 1852 to become one of the first African Americans to do so. He set up his practice in the African American community of Beacon Hill in Boston, Mass...


Published: February 1, 2021
Donald Trump & Incitement of Insurrection 

President Trump Impeached for "Incitement of Insurrection" President Trump was impeached for the second time on January 16, 2021. Impeachment under our Constitution follows “high crimes and misdemeanors,” but what were the exact charges leveled against the President? In this case, the "high crime" is incitement of insurrection. What is incitement of insurrection, how is it defined in House Resolution 24, and how is it different from incitement of violence?   What is incitement of insurrection? First off, it’s good to remember that “high crimes and misdemeanors” don’t actually have to reflect federal or state crimes. In fact, it is up to Congress to judge whether the ...


Published: January 15, 2021
What Does the Cole Memo Mean for Marijuana?

WHAT IS THE COLE MEMORANDUM? On August 29, 2013, the Department of Justice issued the now infamous Cole Memorandum, signaling a shift in federal law enforcement policy on marijuana in America. While the memo (signed by then United States Deputy Attorney General James M. Cole) reiterates the view that marijuana is a “dangerous drug” and federally illegal under the Controlled Substances Act, it provided some comfort to the cannabis industry by offering some restraint in terms of enforcement of the prohibition.   Specifically, the memo provided guidance to federal law enforcement regarding crimes relating to the cultivation, distribution, sale, or possession of marijuana in stat...


Published: February 11, 2020
Embryo Wars

EMBRYO WARS LA couple Anni and Ashot Manukyan have filed suit against a fertility clinic after one of their embryos was carried to term by another woman in New York.  In a mind-twisting legal case filled with what must be incredible personal heartbreak, the baby boy has now been returned to his biological parents in California.  The Los Angeles Times reports that the woman who gave birth to the Manukyan's baby is of Korean descent and that she was “surprised” when “neither of the two baby boys [that she delivered]… were of her own ethnicity.”  Predictably, law suits have followed. The Manukyans have sued the clinic in LA. The New York City family, identified only as A.P. a...


Published: July 15, 2019
Robert Mueller's 12 Secret Criminal Referrals

Deep within its appendices, the report lists 14 criminal referrals that were made by the special counsel’s office.


Published: April 19, 2019