Bimal Saraiya

That’s not good

Bimal Saraiya · September 29, 2017 ·

Vol. 2 (Kids Edition)

Kids, kids, kids. Oh, those kids…

Run away!

I don’t have kids, but I’ve been around enough of them to know that you sometimes want to run away screaming. Normally, as a parent, you fight those urges. Not this mom.

I predict some very hefty legal bills in her future.

Mom, where’s my cone?!?!

Kids will put almost anything in their mouth. Hopefully, what goes in eventually comes out. Sometime, it takes 40 years.

In the end, it all worked itself out though, right?

The Parent Trap

If you have a kid, maybe Face ID is not the best way to secure their phone. Apparently, it’s not so good for users under 13. Especially if they have a twin. We all know what crazy high jinks twins can get into – now just imagine what they could do with a smart phone too!

Hope you’ve enjoyed this roundup up things that caught my eye this week. If you want to speak to an attorney about a legal issue or tell us a funny story, give us a call.

The Purdue Boilermakers are off this weekend. We’ll be spending the weekend watching some other excellent Big Ten football.

That’s not good

Bimal Saraiya · September 22, 2017 ·

Vol. 1 (Security Edition)

Seriously?

Popular security software CCleaner was infected with malware for nearly a month before a new, clean, version was release on September 12th. If you use CCleaner, please update to the newest version!

Really?

In what can only be a most predictable failure, a similar, but not quite the same, website was setup as a phishing site for possible victims of the Equifax breach. What’s worse is, they actually directed people to the malevolent site. They might want to read up on typosquatting.

You’re kidding, right?

Apparently, Experian will let you unfreeze your credit with just a few pieces of personal information. Unfortunately, this information is readily found online – I can personally attest to that.

Expect the unexpected

Bimal Saraiya · September 22, 2017 ·

A Professionally Drafted Contract Can Save You

In business, things rarely go as planned. It’s important to protect yourself against unexpected results or worst-case scenarios. One way you can do that is through the use of professionally drafted legal documents and contracts.

Don’t be surprised

Issues are especially likely to come up when only one side drafted the contract and the other side did not review it thoroughly. Sometimes contracts don’t take into account impossible situations. Sometimes events such as weather make the terms of the contract impractical. These are issues that can be avoided with proper forethought and planning.

You know where else unexpected things happen? College Football.

Since it’s a Friday during college football season, it’s incumbent on me to try and relate this post to college football.

So far this year, 7 (I think) games have been cancelled. That is certainly unexpected. While the safety of players, fans, and students are paramount, cancellations also bring financial difficulties for teams. Luckily, the contracts generally have clauses to account for such unusual situations.

That doesn’t help the team that was expecting a payout for playing the game that now has a budget shortfall. Likewise, that natural repercussion to the contract “out” could have been planned for or insured against.

There’s always an upset

By definition, an upset is unexpected. I have 2 favorite upsets, as well as an upset that almost crushed me to my soul.

In 1997, a Purdue team with a new coach that had gone just 3-8 the previous season, took on #12 Notre Dame at home. After opening the season the previous week with a loss against Toledo, Purdue shocked absolutely everyone by beating Notre Dame.

In 2009, an unranked Purdue team that had just lost 5 straight games, won against #7 Ohio State. This game became forever known as “Purdue Harbor.”

In 2004, the finally nationally respected Boilermakers were ranked #5 when they lost to #10 Wisconsin on a last minute fumble, amid chants of “over-rated.” This game was the only game I have ever been to as an alumni and it still haunts me. Sometimes, it makes me cry. All you have to say to any Purdue faithful of a certain age is, “The Fumble,” and you will reduce them to tears.

Not all unexpected events at college involve football

This week, BYU started selling drinks with caffeine. That definitely surprised me.

Another upset in the making?

This week, Purdue takes on #8 Michigan at home. Will the newly resurgent Boilers take them down, a la Notre Dame in 1997? Is the 10th anniversary of Michigan’s surprise loss to Appalachian State a harbinger of things to come? I’m not willing to put money on the upset, but I can hope. Boiler Up!

If you need business contracts drafted or reviewed, contact us to make sure you’re protected against the unexpected. If you want to discuss Purdue football, you can contact me too.

A Novel Defense To Patent Litigation

Bimal Saraiya · September 20, 2017 ·

The Rocket Docket

We’re proud to call Plano, TX home. Part of being in Plano means that we are located in the Eastern District of Texas. For years, the Eastern District has been the go-to venue for patent litigation. Indeed, the venue, known for their “Rocket Docket”, is home to nearly 25% of all patent litigation that is filed. A Supreme Court decision from earlier this year may change that, but in the meantime, companies are continuing to develop novel ways to protect, assert, and defend their patents.

Patent Defense Through Sovereign Immunity

I recently read about a move by Allergan to better protect their RESTASIS® patents. Essentially, they transferred their patents to the Saint Regis Mohawk Tribe. The Tribe is not subject to inter partes review due to sovereign immunity.

This is a novel move on the part of Allergan that gives them the same defensive mechanisms available to state-owned universities. Ultimately, whether or not this is good or bad remains to be seen. But I imagine we’ll be seeing other patent owners reach similar deals in the near future.

Why am I boring you with this?

How does this relate to what I do as a lawyer? It doesn’t – at least not directly. But this particular legal maneuvering struck home because the very last credit I earned to get my law degree was based on a paper I wrote regarding patents and sovereign immunity.

If you’ve got patent questions, or any other intellectual property questions, I’d be happy to discuss them with you. Give our office a call to schedule an appointment.

Attorney vs. chatbot advice

Bimal Saraiya · September 18, 2017 ·

Can an attorney be replaced by a chatbot?

A “robot lawyer” chatbot, available in all 50 states since July, is promising to help you sue Equifax for the data breach without hiring a lawyer. I wrote about the data breach last week, and pointed out the controversy over the arbitration clause that has since been resolved. This has opened up the ability for anyone affected to sue Equifax. Should you and what kind of advice do you need?

Initiating a lawsuit is not something to be taken lightly. It can be expensive, stressful, and time-consuming. Small claims courts exist to minimize these hurdles, but unfortunately it’s not like Judge Judy. There are still forms, procedures, hearings, arguing, and the pesky law.

Enter the chatbot

This chatbot was initially created to help defend against parking tickets. The creator claims that the bot can now handle 1,000 different issues. It simply asks you a few questions and creates forms or letters for you to print and sign. In the case of suing Equifax, it drafts a small claims petition and gives you some basic information on what to do with it.

Regrettably, as I’ve written before, lawyering is a lot more complex than just filling out forms.

Don’t shortcut the process

When I first meet a client, I typically spend an hour or two with them to fully understand the issue and their needs and goals. I ask a lot of questions. Many times, things come to light that the client didn’t think was important or relevant. Without a firm grasp of all of the fact and circumstances, advice could be wrong or incomplete. A bot can’t make the same inferences and logical leaps an attorney can. It can’t tell you everything you need to know based on a few typed questions and answers.

Even worse, a bot won’t ask you detailed questions that may change the equation entirely. About 1/3 of the time, I find myself explaining to a potential client that while they can proceed in the manner they envision, they shouldn’t. In these cases the action won’t culminate in their desired result or worse, may adversely affect their long-term goals.

As a software developer, I’m well aware of the advances in artificial intelligence. But we’re still a long way from a bot fully understanding the nuances of case-law, human emotion, practicality, and how it all relates to a given set of facts.

And then what?

So you decide to take matters into your own hands. You’ve used a bot and researched the issue online. You’ve figured out that you need to fill out a form and file it. And then what? What are you going to do with this form? Does it need to be filed? Does it need to be served? What if the other party refuses to respond? What if there’s a hearing – do you know what to argue and how? Do you know all the rules to make sure that even if you win, it can’t be set aside because you didn’t follow all the proper procedures?

There are a lot of things you can do yourself. Even in the legal world. There are routing things that really do involve just filing out a form and mailing it in. For example, if you own a home in Texas, you should make sure you file a Homestead Exemption Application. You absolutely do not need an attorney for that.

But if you have a dispute or don’t understand a contract or just don’t know your rights, an attorney can be a valuable ally in helping you protect your interests.

I ain’t afraid of no bots

(Apologies to Ray Parker, Jr.)

To be clear, I’m not afraid of a bot. I don’t arbitrarily dislike online legal services because it’s competition. I’m all for increased access to the law for all people, and I wish more people were able to solve problems without having to dive into legal intricacies, procedures, and bureaucracy. But a neutral advocate who can holistically guide you can be an invaluable asset in solving your problem.

You get what you pay for

While this isn’t always the case, it is true more often than not. Free legal advice is sometimes worth exactly what you paid. Sometimes, it can be worth even less. If you take an action that’s not allowable at law, you can not only lose whatever expenses you incurred, you may even be ordered to pay the fees of the other party.

If you have a legal question or issue, call us to see if we can help. We’re located in Plano, TX and represent clients throughout Collin County. We handle business matters, estate planning matters, contracts, trademarks, real-estate transactions, and more. If you have issues that extend to California or Colorado, we can help – we’re licensed there too.