[Josh Blackman] The Heritage Foundation Is Hiring A Legal Fellow And A Senior Legal Fellow

On 31 July 2024, the German Higher Regional Court of Munich (OLG München) delivered a judgment providing key insights into the repercussions board members may encounter for violating the General Data Protection Regulation (GDPR). Although the primary legal question centered around the legality of an executive’s dismissal under German corporate and employment law, the court’s decision was heavily influenced by its determination that the executive had prompted the company to engage in unlawful data processing, thereby breaching the GDPR. This blog post highlights the essential facts of the case and the court’s findings regarding the data protection issues involved. Background The case involved a board member of a German corporation who, over several months, systematically forwarded internal business emails to his private email account by adding his personal address in the CC field. These emails contained personal data and confidential information…

LAUREL, Md. — A young boy is in critical condition following a townhouse fire Monday afternoon that was started by an indoor s’mores kit. The incident happened in the 8500 block of Crooked Tree Lane, where flames had engulfed the second floor of a three-story townhouse. The fire left a 9-year-old boy with severe burns to his face. He was transported by ambulance to the Johns Hopkins Pediatric Burn Center in Baltimore with life-threatening injuries. One of the child’s parents also sustained burns to their hands but was treated at the scene and did not require hospitalization. The fire was traced to a home-use s’mores kit, designed to roast marshmallows indoors. Families affected by dangerous tabletop fire pits deserve answers and justice How devastating. A device meant to create sweet family moments turned into a source of tragedy in an instant. Even more troubling is that these indoor fire kits continue to make their way into homes, where families trust…

One in 35 Americans will be in a car crash in the next twelve months. What is your chance of being in a car crash in the next twelve months? One in a million Americans will be struck by lightning in the next twelve months. What is your chance of being struck by lightning? The answer to both is that you have no idea. Whether you are in a car crash depends on how careful you are—especially how well you avoid distractions—the condition of your car, how many miles you drive, where you drive, when you drive, and the weather you drive in. Whether you are struck by lightning, likewise, depends on your behavior. If you like playing golf in the rain, your chances increase. If you live in a city, they decrease. You know that the statistics don’t predict what will happen to you, much less the things that you can control. The Court of Criminal Appeals grants about 7% of the petitions for discretionary review filed in a year. What are your chances it will grant…

Human Rights Watch (HRW) classified Kazakhstan Foreign Affairs Ministry’s withholding of accreditation from 16 Radio Free Europe/ Radio Liberty Kazakh service journalists as a “blatant” attack on independent media on Tuesday. Europe and Central Asia director at Human Rights Watch Hugh Walliamson expressed concern about the evident escalation of stifled independent voices in Kazakhstan, identifying the rejected accreditations as a warning shot. HRW connected the current accreditation frictions with a systematic pattern of “administrative harassment aimed at curtailing independent media in Kazakhstan.” Since 2022, authorities repeatedly withheld accreditation from Radio Azattyq reporters. The decisions were reversed as a result of a legal challenge and international pressure. HRW pointed out that Kazakh authorities are violating international law through ongoing restrictions. Article 19 of the International Covenant on Civil and Political Rights, to…

Hat tip to Jim Burns at Latham for sending word of an update on this one: “‘Little Is Gained by Disqualification,’ Law Firm Concedes in Related Efforts Against GM’s Counsel” — “Following a magistrate judge’s ruling this week that denied a boutique Chicago law firm’s efforts to disqualify Fish & Richardson from representing General Motors Co. in a patent dispute, attorneys with Irwin IP withdrew similar attempts in a related but separate case.” “Attorneys from Irwin IP, a Chicago litigation firm, represent LKQ Corp. and its subsidiary, Keystone Automotive Industries, in patent disputes against GM. In one matter pending before U.S. District Judge Jorge Alonso of the Northern District of Illinois, the plaintiffs’ attorneys accused Fish & Richardson of poaching one of its former paralegals, Gloria Rios. Rios oversaw all LKQ matters, including the present adverse suit against GM, and is now working for…

 Pix credit hereI was delighted to have been able to sit for an online interview with Payman Yazdani for the Tabnak News Service (Iran).  The interview revolved around six questions:Pix credit here1. The US says it aims to facilitate peace between Azerbaijan and Armenia. What are the real goals of the US? 2. What can be the advantages and possible disadvantages of the US proposal for Baku and Yerevan?3. How can this affect China's one road- one belt project? and basically what are the possible security and economic threats of the US proposal to China?4. The EU has supported the US proposal; can this create any possible security or economic threats to Russia's interest in the region?5.Armenia had announced that it would not hand over the control of the corridor to a third party but to push Armenia, Turkey has told Yerevan that the new developments have been against Iran. Do you think that Yerevan will finally accept the US…

If you’re working in Ontario or just starting a new job, there are major changes to the Employment Standards Act (ESA) that could affect your rights. These new rules, effective as of July 1, 2025, are part of the province’s broader push to modernize workplace protections under its Working for Workers legislative initiative. From onboarding documentation to long-term illness leave and cleaner workspaces, these updates place more responsibility on employers and provide Ontario workers with more transparency and legal protection. If you’re unsure how these new laws apply to your situation, now is the time to learn what you’re entitled to and how to protect your rights at work. New Job? You Must Now Receive Basic Information in Writing Under the ESA changes now in force, employers with 25 or more employees are legally required to give new hires a written document outlining specific job details. This must be provided ideally before the first day of…

In Dissent is a recurring series by Anastasia Boden on Supreme Court dissents that have shaped (or reshaped) our country.  Please note that the views of outside contributors do not reflect the official opinions of SCOTUSblog or its staff. Many dissents take decades to become law, if ever. Justice Harlan Fiske Stone’s dissent in Minersville School District v. Gobitis took just three years. In Gobitis, the majority upheld a school board’s policy of expelling students who refused to salute the flag – including Jehovah’s Witnesses, who objected on religious grounds. The resulting outbreak of mob violence against Witnesses, combined with a rapidly changing court, led to one of the fastest reversals in Supreme Court history. Compelled unity In the fall of 1935, 10-year-old William and 12-year-old Lillian Gobitas were attending their school in Minersville, Pennsylvania, when their teachers asked them to rise and say the Pledge of…

The climate crisis is an “emergency,” which can only be “adequately addressed through urgent, effective, and coordinated actions,” the Inter-American Court of Human Rights declared on July 3. The international court, established by the Organization of American States in 1979, made this pronouncement in its Advisory Opinion on Human Rights and the Climate Emergency, legal analysis requested by Chile and Colombia. It offers authoritative guidance on the scope of countries’ obligations to address climate change and is the most comprehensive overview of the intersection between human rights law and climate change in the Americas. The advisory opinion represents a landmark moment for the climate justice movement, following similar initiatives before the International Tribunal for the Law of the Sea, the International Court of Justice (ICJ), and the African Court on Human and Peoples’ Rights. An advisory opinion from the ICJ on States…

By Ryan Haraden The Law Students on Workers’ Rights series publishes essays from current and incoming students from top law schools across the country. These essays, submitted for the Charles E. Joseph Employment Law Scholarship, address the question “What is the most significant challenge facing workers’ rights, and what role should employment attorneys play in addressing that challenge?” Workers’ rights in the United States are fractured and under threat, though even a brief scan of any John Steinbeck book or labor history will tell you that such threats are not new. However, union membership is at an all-time low and the prevalence of unions that have spearheaded efforts to protect workers’ rights in the past simply no longer protect the vast majority of the modern workforce. As workers stand alone, they repeatedly face unequal bargaining power in the creation of labor contracts. In a legally fascinating, yet worrisome, intersection…

I pay my mortgage and my kids' school tuition thanks to how long lawsuits take and how expensive they are. Still, we need to have a frank conversation about exactly that: how long lawsuits take, and how much they cost. Xerox just ended a 13-year legal saga with a $9.1 million settlement to a class of 5,700 call center employees. The lawsuit challenged the company's Achievement-Based Compensation plan, which paid employees by task and offered bonuses to meet minimum wage thresholds—but didn't cover time spent logging in, waiting between calls, or doing other required non-task work. Think about that. Years of disruption. Thousands of work hours lost to discovery, motions, depositions, hearings, and appeals. Millions in legal fees. All to land on a settlement that isn't remotely material to a $7 billion company. Here are 6 hard truths about litigation every business should understand: 1. It will cost a lot. More than you think. More than it should. …

Signup to receive the Early Edition in your inbox here. A curated weekday guide to major news and developments over the past 24 hours. Here’s today’s news: ISRAEL-HAMAS WAR — U.S. AND INTERNATIONAL RESPONSE In a joint statement, nearly 30 Western nations and the EU yesterday condemned Israel’s “drip feeding of aid and the inhumane killing of civilians” in Gaza, describing Tel Aviv’s aid delivery model as “dangerous, fuel[ing] instability and depriv[ing] Gazans of human dignity.” The statement, calling for an end of the war and for Israel to “immediately lift restrictions on the flow of aid” to Gaza, has been signed by the foreign ministers of Australia, Austria, Belgium, Canada, Cyprus, Denmark, Estonia, Finland, France, Greece, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Slovenia, Spain, Sweden, Switzerland, and the…

Divorce can be a very challenging event, but it does not always need to be contentious. For couples in Dallas, Texas, an uncontested divorce can be a more peaceful, cost-effective, and efficient way to finalize a marriage as opposed to a traditional contested divorce. If both parties can work together and come to an agreement on all of the major issues, the uncertainty and anguish of the divorce process can be greatly reduced. Under these collaborative conditions, seeking the help of an uncontested divorce attorney helps relieve some burden and anxiety, and allows the couple to move on into the next chapter of their lives confidently. Understanding Uncontested Divorce An uncontested divorce is a legal separation of marriage that occurs when both spouses agree on all major issues of their separation, such as: Division of property and debts. Custody and visitation arrangements for children. Child support and medical expenses. Spousal support, also known as alimony, if any,…

The Information Commissioner’s Office (ICO) Annual Report for 2024/25 released last week sadly provides evidence of a severe and serious weakening of information rights regulation compared to the strong enforcement which is (and remains) promised especially under the (UK) General Data Protection Regulation (GDPR). Despite even last year’s Report generally revealing formal enforcement such as fines, criminal prosecutions and criminal cautions which were in the single digits only, the Report now omits any reference to UK GDPR enforcement notices (as there were none at all during 2024/25) and states that there were just 2 UK GDPR fines during the year (which compares to >200 in both Germany and Spain) and that even the number of outcomes resulting in reprimands fell from 31 to just 9 (a 70% reduction). Coming on top of concerns over the lack of enforcement action in response to many egregious data breaches including one which put up to 100,000 Afghans at risk of…

Gary Lawson (University of Florida Levin College of Law) has posted Does Good Originalism Need Good History? (77 Fla. L. Rev. __ (forthcoming 2025)) on SSRN. Here is the abstract: One might think that originalism by definition is largely about history. After all, what does it mean to be "originalist" if not to be concerned primarily, if not exclusively, about the past? And if history is relevant, surely good history is better than bad history? That seemingly obvious conclusion is not actually obvious. The role of good history, as with the role of any discipline – be it linguistics, epistemology, economics, classical studies, or political theory – depends on what questions one asks. And at least some forms of originalism ask questions for which the role of good history, as historians might define good history, is limited. Originalism can be a theory of interpretation – of ascertaining meaning – or of adjudication – a means of…

Human Rights Watch (HRW) exposed alleged “degrading and dehumanizing” treatment of detainees in three Florida immigration detention facilities Monday, claiming detainees have suffered “dangerously substandard medical care, overcrowding, abusive treatment, and restrictions on access to legal and psychosocial support.” The report, titled “You Feel Like Your Life Is Over,” profiled six detainees held in Krome North Service Processing Center (Krome), Broward Transitional Center (BTC), and the Federal Detention Center (FDC). Interviewees recounted alleged unsanitary confinement, hypothermic conditions, and lacking access to food, water, and medicine. In one account, a British man suffered serious health complications while detained on tax-related charges. He claimed he contracted a serious respiratory illness and was denied access to insulin, resulting in his hospitalization in April. At FDC, authorities allegedly put him in a cell without a…

In Welty v. Dunaway, (MD TN, July 18, 2025), a Tennessee federal district court enjoined enforcement of a Tennessee statute that prohibits "recruiting" an unemancipated minor to obtain an out-of-state abortion that is legal where performed. The court said in part:... [P]laintiffs have established that §39-15-201(a) unconstitutionally regulates speech based on content and is facially overbroad.Axios reports on the decision. [Thanks to Thomas Rutledge for the lead.]

State of Texas. V. Reimer et al. studied lawyer-nerdy questions of standing to bring a lawsuit and statutes of limitations as applied to inverse condemnation suits.  Spoiler alert: To the chagrin of the landowners, waiting over 30 years to assert your takings claim is not the best course of action.      The facts In 1965 the Sanford Dam created Lake Meredith, significantly reducing downstream flow of the Canadian River through the six-mile stretch at issue. The reduction exposed previously submerged land. Beginning in 1982 the State granted oil and gas leases on portions of the riverbed to Huber. The 10-year leases were consistently renewed for decades with Huber establishing numerous productive wells. During the litigation Huber operated 21 wells in the area. The litigation began in 1993 when the State sued a Reimer forefather for trespass when he erected a fence blocking oil and gas lessee Huber’s access to producing wells. The…