2020-12 10 -  Litigation AND Intelligence - The connection frays...

17 states, 100+ Members of Congress, and who knows who else, joined the State of Texas’ lawsuit seeking Motion for Leave to File a Bill of Complaint against the five states that put President Elect Biden over the 270 electoral vote mark. 

A one-in-a-quadrillion chance that Biden won GA, PA, MI and WI? Wow. That’s a big number. 

“The probability of former Vice President Biden winning the popular vote in the four Defendant States—Georgia, Michigan, Pennsylvania, and Wisconsin—independently given President Trump’s early lead in those States as of 3 a.m. on November 4, 2020, is less than one in a quadrillion, or 1 in 1,000,000,000,000,000. For former Vice President Biden to win these four States collectively, the odds of that event happening decrease to less than one in a quadrillion to the fourth power (i.e., 1 in 1,000,000,000,000,0004). See Decl. of Charles J. Cicchetti, Ph.D. (“Cicchetti Decl.”) at ¶¶ 14-21, 30-31. See App. 4a-7a, 9a.”

What the complaint avers:

“Facts for which no independently verified reasonable explanation yet exists...”

What the complaint really asserts:

Explanations for which no independently verified explanation exists.

 Today, November 10, 2020 - Politically Motivated Lawsuits - Litigation Intelligence?

The New York Times reports today that two of the law firms filing law suits attacking election results in various states are experiencing internal conflict about these representations. This brings to mind one of the foundational litigation tenets with which lawyers must abide - and that is not to bring meritless cases before a court. We lawyers are all tasked with obligations (ethical and professional) to conduct due diligence before bringing suit. This isn’t about defending tobacco companies, environmental polluters, etc.  but affirmatively seeking to game the judicial system. Not professional, not ethical, and the farthest thing from litigation intelligence.  

Election Day PSA

Today is a perfect day for all of us being targeted for...a cyberattack through social engineering or online misinformation. 

Just a reminder that we should be especially watchful about political ads announcing any “urgent” message today because these ads are quite likely to be laden with malware - ransomware in particular. 

Examples:

Winners/Losers before results are in

Calls “to arms” (to protest or worse) because of unrest in your city/town/hamlet

Reports of military/militia action

If in doubt, open a new browser window and check out trustworthy news sources (not social media)

We all need to think before we click.

Pre-Election Thoughts - Happy Halloween

As we barrel forward to November 3, take note of these canaries-in-the-coal mine decisional authority reflecting recent (e.g. within the past four years) judicial appointments, and then think again about the impact of your vote. Within the past week, the 11th Circuit, in an en banc ruling, reversed a standing finding in a FACTA case, finding the risk of injury too remote. Also, the 5th Circuit just held that the TCPA is unconstitutional. As we move to a more politicized (rather than an unbiased) judiciary, your vote counts more than ever.