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A law blog by Robert Lombardo on The Whole 9

Attorney Robert Lombardo came from the creative world and then began practicing law in 1995. The diversity of his professional life (years of which were spent in Europe, Australia and Japan) gives him a unique perspective on the law. Currently Robert is focusing on entertainment law (which encompasses nearly all creative industries) and brings this firsthand experience and desire to make the law accessible to the The Whole 9 community.

Monthly Archives: January 2010

Friends behaving badly?

Allison entered into a written agreement with her friend Lisa to design, decorate and furnish the interior of Allison’s new wine bar “Drinking Divas.”
The work was to be completed for a fixed fee of $50,000.
After completing about half of the work, Lisa asked Allison for half the contract price.  Allison agreed and paid Lisa $25,000.  [...]

What are friends for?

Allison, a renowned sommelier, entered into a written “fixed-fee” agreement with her friend Lisa, a celebrated designer recognized for her distinctive designs.
The contract called for Lisa to design the interior of Allison’s new wine bar “Drinking Divas” and, upon Allison’s approval of the design plan, to decorate and furnish the wine bar accordingly.
The agreement is [...]

Do We have a Deal?

Lenny was a bit pressed for money (well, $30 M in the hole and homeless) so he decided to sell his $400,000 Rolls-Royce Phantom before he loses it through bankruptcy.
On Monday morning, Lenny e-mailed his big-spending buddy Nicholas that he wants to sell his ride:  “you know the car – the Rolls that I took you [...]

Is This a Nuisance?

Elin owns a mansion on a lake in Florida.  Her long time neighbor, Rachael, owns a more modest home just behind Elin’s and can see the lake from her bedroom.
Elin and Rachael recently got into an argument over a guy they both fancied – or something like that – and are no longer friends.
Elin knew [...]


Richard owns a large track of land in Fort Collins, Colorado where he works on developing a saucer-shaped balloon as an alternative form of transportation, in which “people can pull out of their garage and hover above traffic” at about 50 or 100 feet (15 or 30 m).
One day his son, Falcon, decides to take [...]

Invasion of Privacy or Public Figure?

Prince Chuck, a well-known polo player, was drinking “Backdoor” wine at Posers Vineyard, with his close friends, Mykae’Y and T’reek.
After downing a couple glasses, Prince Chuck states:  “Love this Backdoor stuff.”
T’reek then asks Prince Chuck if he can take a picture of him with his beautiful and charming wife, Mykae’Y.  Prince Chuck says:  “Why, of [...]

Jury pools

Marjorie was born in Haiti and moved to Florida in 1957 after a dictator, Dr. François Duvalier (“Papa Doc”), was named President of Haiti.
After she had lived in Florida for thirty-five years and had never been called upon to serve on jury duty, she decided to conduct a search of the county court records.
What she [...]

Retaliation Against Constitutionally Protected Activity

Yesterday’s “You are the judge” post concerned the issue of retaliation by the government against activity that is constitutionally protected.  Click here.
For background on the actually case, you may check the story on CBS.
I thought it would be informative to reproduce some of the findings from the court’s decision because it discusses constitutional rights that [...]

Is Sexting Child Pornography?

“Sexting” – the practice of sending semi-nude photographs, via cellular telephones or over the Internet -is widespread among American teenagers; studies show approximately 20% of Americans age 13-19 have done it.
School District officials confiscated several students’ cell phones, examined them and discovered photographs of “scantily clad, semi-nude and nude teenage girls.”  The School District reported [...]


18 year old “Slick” Willie and his girlfriend, 14 year old Monica L., are feeling a bit frisky while hanging out with their friends at the local bowling alley after school.  Monica tells Willie that her parents won’t be home until late that night and they could “hang out” at her house.  They both agree [...]