The People's Counsel ⚖️ #Law101 @peoples_counsel
25 yr Licensed Attorney- Some Past Clients: US Department of Homeland Security; Intel; Caterpillar; Office of Attorney General of US #TeachingTheConstitution Metaverse Joined July 2022-
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If you do not know what an "amicus" is as referenced below by @fund_defi - you can get a quick overview here in my one minute video #law101 👇👇👇 youtu.be/JMDUgS9-T8o
If you do not know what an "amicus" is as referenced below by @fund_defi - you can get a quick overview here in my one minute video #law101 👇👇👇 youtu.be/JMDUgS9-T8o
Last night, we filed a motion to submit an amicus brief in CFTC vs Ooki DAO that discusses our concerns with the CFTC's action generally and requests the court reconsider its order granting the CFTC's alternative service. drive.google.com/file/d/19YEY_4…
"Commercial speech" is not as protected by the 1st Amendment as "political speech". The former is much more susceptible to regulation, which is why agencies like FTC & SEC can require certain disclosures around certain types of commercial speech. #TeachingtheConstitution #Law101
"Commercial speech" is not as protected by the 1st Amendment as "political speech". The former is much more susceptible to regulation, which is why agencies like FTC & SEC can require certain disclosures around certain types of commercial speech. #TeachingtheConstitution #Law101 https://t.co/DRkAGwBVCj
Notable line in the ruling though:"The Court agrees with the SEC that non-public documents like the Internal Speech Documents are not directly relevant to any claims or defenses in this case." Watch this sentence come back into play in future rulings. #Ripple $XRP #TheSEC
The @DigitalChamber led by @PerianneDC granted permission to file an amicus brief in #SEC v #Ripple $XRP case. Quick video on what an "amicus curiae" is and what it typically does here👇👇👇 youtu.be/JMDUgS9-T8o
The @DigitalChamber led by @PerianneDC granted permission to file an amicus brief in #SEC v #Ripple $XRP case. Quick video on what an "amicus curiae" is and what it typically does here👇👇👇 youtu.be/JMDUgS9-T8o
Wondering why there are two Judges in the #Ripple $XRP case? One is the lead judge who will decide the summary judgment motion, the other is a magistrate judge who was assigned to primarily deal with the discovery phase. Video on the difference below: 👇👇 youtu.be/54RBB1Pr6gw
Wondering why there are two Judges in the #Ripple $XRP case? One is the lead judge who will decide the summary judgment motion, the other is a magistrate judge who was assigned to primarily deal with the discovery phase. Video on the difference below: 👇👇 youtu.be/54RBB1Pr6gw
Regarding "reckless disregard" below, “the defendant must have made the false publication with a high degree of awareness of ... probable falsity, or must have entertained serious doubts as to the truth of [the defendant’s] publication.” @Scotus : 491 U.S. 657, 667 (1989) #Law101
The “actual malice” standard requires plaintiffs to prove a defamatory statement was made “with knowledge that it was false or with reckless disregard of whether it was false or not.” Per the US Supreme Court in New York Times v Sullivan, 376 U.S. 254, 279–80 (1964). #Law101
The “actual malice” standard requires plaintiffs to prove a defamatory statement was made “with knowledge that it was false or with reckless disregard of whether it was false or not.” Per the US Supreme Court in New York Times v Sullivan, 376 U.S. 254, 279–80 (1964). #Law101
Another "defense" in this specific suit, is that there was no "actual malice" in making any false statements. So even if false statements are made, under Minnesota law because this is a public corp, they must prove 'actual malice" - not just falsity. #Law101
Another "defense" in this specific suit, is that there was no "actual malice" in making any false statements. So even if false statements are made, under Minnesota law because this is a public corp, they must prove 'actual malice" - not just falsity. #Law101
And if there are genuine disputes (supported by evidence) of "material fact" then typically questions of fact get decided by juries - not judges. #Ripple $XRP
And if there are genuine disputes (supported by evidence) of "material fact" then typically questions of fact get decided by juries - not judges. #Ripple $XRP
Fed Rule Civil Procedure 56 (a) ... The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact & the movant is entitled to judgment as a matter of law. - Do #Ripple & #SEC agree no material facts in dispute in $XRP case? 🤔
Actually the final "reply' briefs for the Summary Judgment motion are not due until Nov 15 so it will be most likely 6-8 weeks from that date until that motion is ruled upon. #Ripple $XRP
Actually the final "reply' briefs for the Summary Judgment motion are not due until Nov 15 so it will be most likely 6-8 weeks from that date until that motion is ruled upon. #Ripple $XRP
The next filing due this week in #Ripple $XRP case is a "dispositive" motion - so it will be decided by the District Judge, NOT the Magistrate Judge who has been ruling on most of the discovery issues to date. For a reminder of the difference watch here: youtube.com/watch?v=54RBB1…
The next filing due this week in #Ripple $XRP case is a "dispositive" motion - so it will be decided by the District Judge, NOT the Magistrate Judge who has been ruling on most of the discovery issues to date. For a reminder of the difference watch here: youtube.com/watch?v=54RBB1…
Common misconception. Monopolies are not illegal in the US. "Monopolizing" market power is, but simply being a monopoly is not. See Sherman Act.
For the past 40 years, activist judges have eviscerated the 4th Amendment. It's nice to see it may still have some life left in it. #TeachingTheConstitution
For the past 40 years, activist judges have eviscerated the 4th Amendment. It's nice to see it may still have some life left in it. #TeachingTheConstitution
Important to remember that most employees in America are "at will" - which means they can be fired for no reason, with no notice. Flip side, they can quit with no notice as well.
Important to remember that most employees in America are "at will" - which means they can be fired for no reason, with no notice. Flip side, they can quit with no notice as well.
Incorrect. He did NOT plead guilty to insider trading. He pled guilty to conspiracy to commit wire fraud. Now that was based on allegations of him having & using insider information but he was not charged with insider trading- he was charged with wire fraud. Important difference.
Incorrect. He did NOT plead guilty to insider trading. He pled guilty to conspiracy to commit wire fraud. Now that was based on allegations of him having & using insider information but he was not charged with insider trading- he was charged with wire fraud. Important difference.
As I said below, smart legal & publicity strategy by for the former President. This doesn't end the legal issues, but gives him a boost in the "court of public opinion" which - like it or not - he's had success in shaping. We'll see if it continues... cnn.com/politics/live-…
As I said below, smart legal & publicity strategy by for the former President. This doesn't end the legal issues, but gives him a boost in the "court of public opinion" which - like it or not - he's had success in shaping. We'll see if it continues... cnn.com/politics/live-…
All indictments result in "reputational harm' - are we on the verge of indictment reform? A Grand Jury is supposed to be a bit of a protective buffer before prosecution but it has turned into something else. See quick video here:👇 youtube.com/watch?v=I0AM7W…
All indictments result in "reputational harm' - are we on the verge of indictment reform? A Grand Jury is supposed to be a bit of a protective buffer before prosecution but it has turned into something else. See quick video here:👇 youtube.com/watch?v=I0AM7W…
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We’re back tomorrow morning with Crypto & Coffee ☕️ ⏱ Fridays at 10:00 am est 🎙 Co-hosts @tammhammer & @DaoChemist x.com/i/spaces/1ynga…
I know @CryptoRick423 + @SammyArriaga & @JOERIANMUSIC know about Muscle Shoals' incredible contributions to the global culture. Aretha Franklin, Wilson Pickett, Otis Redding to name a few. If you don't, continue your music & cultural education here 4 free: youtu.be/hKmGUIM1uAI
Elon Musk has asked a Delaware judge to pause further action in Twitter’s lawsuit against him, saying the social media company “will not take yes for an answer” after he revived his $44 billion bid. blawgo.com/rkZgWPZ
They said on the news this morning “sitting is the new smoking” Doesn’t matter if you work out & eat healthy… if you sit for most of the day during work it’s bad for your body. Get up & keep moving!🔥👏🏼 #healthylifestyle
Uber’s former security chief was convicted of concealing a massive data breach in a case that prosecutors tied to the company’s troubled past under its original leadership. blawgo.com/tniF8Gh
Last night, we filed a motion to submit an amicus brief in CFTC vs Ooki DAO that discusses our concerns with the CFTC's action generally and requests the court reconsider its order granting the CFTC's alternative service. drive.google.com/file/d/19YEY_4…
Former public defender Arianna Freeman became the first Black woman and first woman of color confirmed to a seat on the Philadelphia-based US appeals court. blawgo.com/CdsltW8
We’re back tomorrow morning with Crypto & Coffee ☕️ ⏱ Fridays at 10:00 am est 🎙 Co-hosts @tammhammer & @DaoChemist BYOC 🧊☕️ x.com/i/spaces/1brkj…
Lummis-Gillibrand #Crypto Bill: An Important Step In Bringing Regulatory Clarity To Bitcoin, Stablecoins, & Digital Assets forbes.com/sites/theapoth…
Good Morning To you all. You are Awesome! Know it, believe it, and Be Great at it! We chose to take this day as our own and through our will we make it what we want from it! Never give your power up to negativity. Choose positivity and move forward every chance you get in peace
If printing money was a good idea, them countries like Zimbabwe would have been the richest in the world
The federal judiciary expects that a searchable public database for judges’ financial disclosures mandated by Congress will be “fully operational” by the Nov. 9 deadline in the statute. blawgo.com/JGOfux7
Regarding "reckless disregard" below, “the defendant must have made the false publication with a high degree of awareness of ... probable falsity, or must have entertained serious doubts as to the truth of [the defendant’s] publication.” @Scotus : 491 U.S. 657, 667 (1989) #Law101
The “actual malice” standard requires plaintiffs to prove a defamatory statement was made “with knowledge that it was false or with reckless disregard of whether it was false or not.” Per the US Supreme Court in New York Times v Sullivan, 376 U.S. 254, 279–80 (1964). #Law101
Even when info becomes common knowledge across our crypto community, the general population has to play catch up.
Both Twitter and Elon Musk framed their arguments mostly in technical terms. blawgo.com/Q4PGEwG
Good Morning You Beautiful People! Now Let’s Do This!
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