Monday, November 8, 2010

Money Can't Buy Love... But It Can Buy Freedom

Wow. Color me shocked. Prosecutors in Colorado decided not to continue with felony charges against a Denver financier because the D.A. was worried about the millionaire's job implications with a felony conviction.


I've never been successful with the "my client is going to lose his job" defense. But, I may have to pull that one out of the bag of tricks now. I guess money can't buy you love, but you can now buy freedom if you have the right job.

By: Drew S. Sprague

Tuesday, August 17, 2010

Debt Collection Lawsuits... Clogging the Courts

As the bills are piling higher for many Americans in the depths of the recession, the lawyers are congregating at the courthouses with lawsuits in hand. Beware, you may be sued by a computer or at least a computer program generating mass lawsuits.


These lawsuits are having real effects on everyday Americans.

http://www.nytimes.com/2010/07/31/business/31collect.html?ref=andrew_martin

Many of these claims are skeptical, time barred, or outright fraudulent.


If you or someone you know is sued for a collection on a debt, make sure you know your rights.

By: Drew S. Sprague

Wednesday, May 5, 2010

North Carolina's O.J.?

In case you missed it this past week, 48 Hours featured a terrible situation in North Carolina. It's been called North Carolina's O.J. trial. The death of a mother divided a small, rural community--Mocksville, NC. Jealousy, infidelity, money, horses, spears and knives... it has 'em all.


Not much more commentary to add, but I found the story fascinating. So what do you think? Murder or self-defense?

By: Drew S. Sprague

Monday, February 22, 2010

NC Innocence Inquiry Commission Leads the Country

The recent case of Greg Taylor, who was found to be wrongly convicted of murder in North Carolina, highlights the work being done by the North Carolina Innocence Inquiry Commission. The results of the North Carolina Commission are allowing other states to look into similar models to make sure that people are not being wrongly convicted. No matter your thoughts on the issue, it is interesting and groundbreaking for North Carolina to be leading the way.

Check out the recent N&O article:


By: Drew S. Sprague

Legal Lessons from Tiger


Well, we all have heard the stories, seen the apology broadcast live on network news around the world (really "news" journalists?), and been inundated with details of cocktail waitresses and V.I.P. hostesses, but what I have yet to read is a good legal analysis of what is going on with Tiger Woods. Fear not friends, The Hypotenuse is ready to deliver regarding the legal goods on Tiger.

1. The 5th Amendment Still Exists: Despite the Constitution's demise in some well publicized areas (See torture memos.), the 5th Amendment still protects our right against self-incrimination. Translation: Tiger didn't have to talk to the cops and neither do you.

2. You Can Pay People Hush Money: You can contract to do a lot of things in America, including to be quiet. While The Hypotenuse certainly does not know either way as to the veracity of the claims, there have been numerous reports in media outlets that Tiger paid hush money to women. So, yes, you can pay people not to talk. In fact, when many civil cases settle, confidentiality clauses are signed.

3. The Line Between Hush Money and Extortion is Very Thin: See Letterman, David. While it appears from various reports some of Tiger's women received hush money, the line between paying someone money to be quiet and being charged with criminal extortion is very thin and should be treaded on lightly.

4. Cheating Leads to Divorce: Who knows what will happen with Tiger and Elin? But, in North Carolina, for two people to become divorced all that you need is essentially for the marital parties to live separate and apart for one year and intent on the part of one person not to remain married. That's a pretty low bar for a divorce decree.

5. In North Carolina, Civil Remedies Exist Against An Adulteress: That's right folks, in NC, if you are an adulterer, the non-cheating spouse can have a civil action against you for either 1) criminal conversation or 2) alienation of affections. I have no idea whether any of Tiger's actions occurred in North Carolina. But in The Old North State, if your spouse commits adultery or even alienates the affections of the spouse, the non-cheating spouse can bring a civil action in court.

6. The Only Investigative Journalism Being Done These Days Is By The Tabloids: While this really has nothing to do with the law, it just bothers me that the only news outlets breaking stories now are the tabloids. Remember, the whole mess involving Tiger allegedly started with a story from The National Enquirer.

Hope this helped to break down some of the issues. Now, collectively, let's move on-- at least until the tabloids break the next big one.

By: Drew S. Sprague

Monday, December 28, 2009

NC: Still Growin'...












The Hypotenuse loves data. After all, data is how lawyers turn arguments into jury verdicts. So when we at The Hypotenuse find some interesting data, we like to share it so long as that data is not confidential attorney-client privilege.

Here is some interesting data dug up by the N&O:


For 2009, North Carolina was the ninth fastest growing state. But, in terms of overall population growth in raw numbers, North Carolina was the third fastest growing state. While population growth has slowed just a bit (probably due to some recession I have heard a little about), NC is definitely still expanding.

What does this population data mean to you? Well, you have to answer that for yourself. To me, it means more potential clients, and they might be from out of state.

By: Drew S. Sprague

Tuesday, November 17, 2009

Are You Liable For Libelous Tweets?

Can a person be held liable for defamation based on a libelous "tweet"? We are about to find out thanks to a dispute between Courtney Love and a fashion designer who did work for her.

Here's the CNN version of the story.


The bigger question posed in the article is whether the law can keep up with technology. As new social mediums arise and become the norm, it is our job as lawyers to adjust our arguments and make new law. It will be interesting to see whether a tweet can be libelous. In the meantime, all you loyal Hypotenuse readers, be careful what you say on-line. We'll try to do the same.

By: Drew S. Sprague