Friday, November 30, 2012

Lawyer loses fingertips in jail accident

A Virginia Beach lawyer lost two fingertips last week when a jail door slammed on his hand after a client visit.

Greg McCormack is nursing two “extremely painful” fingers after the Nov. 21 incident at the Western Tidewater Regional Jail in Suffolk. He said doctors were unable to reattach his fingertips.

McCormack, 59, said he was on his way out when a heavy steel jail door quickly closed before he could get his hand out of the way. “Bam! It just slammed shut,” he said.

He said he was treated by a plastic surgeon at Sentara Norfolk General Hospital. Now dealing with the pain – and dressing changes several times a day – McCormack said he has had to move around some of his court dates.

McCormack said he understands others may have been injured by the fast closing door at the jail, and he is considering a claim for damages. “We’re definitely looking at that,” he said.

Source: http://valawyersweekly.com/vlwblog/2012/11/26/lawyer-loses-fingertips-in-jail-accident/

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LegalZoom Gets in the Ring with Rocket Lawyer

Online legal documents company LegalZoom.com Inc. is suing one of its rvials, Google-backed Rocket Lawyer Inc., over alleged violations of Federal Trade Commission guidelines and what it calls unfair business tactics.

Source: http://blogs.wsj.com/law/2012/11/28/legalzoom-gets-in-the-ring-with-rocket-lawyer/?mod=WSJBlog

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Language is Everything

Leave it to a law school in our nation's capitol to teach its male students how to wash their hands!

 

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/_hIdKCRnitA/

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Two women candidates proposed for 8th Circuit

Iowa Sen. Tom Harkin has proposed two candidates for a vacancy on the Eighth U.S. Circuit Court of Appeals – both women.

Harkin has recommended two names to President Obama: Jane L. Kelly and Mary E. Tabor.

After law school, Jane Kelly served as a law clerk on both the United States District Court of South Dakota and on the Eighth Circuit Court of Appeals. Since 1994, she has served as a federal defender in the Northern District of Iowa.

Since May 2010, Mary Tabor has served as a judge on the Iowa Court of Appeals, the state’s intermediate appellate court. Prior to her appointment, from 1993 until 2010, she worked in the Criminal Appeals Bureau of the Iowa Department of Justice, the last ten as the Appeals Division’s director. In that capacity, she supervised an office that opened nearly 800 new cases each year and filed about 375 briefs annually, including both state direct appeals and federal habeas cases. She also represented the state in defending the constitutionality of numerous statutes.

Harking said in a press release, “I am confident that Ms. Kelly and Ms. Tabor are the most qualified based on their character, experiences and expertise.

“I am pleased to submit to President Obama the names of two outstanding attorneys– both of whom are well-qualified for the Eighth Circuit – and look forward to working with him to fill this important position as quickly as possible.”

Source: http://minnlawyer.com/minnlawyerblog/2012/11/15/two-women-candidates-proposed-for-8th-circuit/

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Will Lawyers Always Be Late Adopters?

Lawyers are known as notorious late adopters of technology. Is that a fair characterization? Of course it is. What makes lawyers so cautious about new technologies? Will lawyers always be late adopters? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss some recent experiences that have reinforced the idea that lawyers are late adopters, the reasons people do and do not adopt new technologies, and practical ways for lawyers to think about moving to new technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/10/will-lawyers-always-be-late-adopters/

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Law school enrollment continues its decline

Approximately 8,000 fewer first-year law students will show up nationwide this year compared to two years ago, when enrollment reached an all-time high, according to the American Bar Association. This year's numbers represent a 15 percent decline since then and a 9 percent decline since last year.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202579603745&rss=rss_nlj

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Delaware Chancery Court Rejects Stockholder's Section 220 Books and Records Demand Based Upon Failure to Demonstrate "Credible Basis" for Inspection

In Louisiana Municipal Police Employees’ Retirement System v. Lennar Corp., C.A. No. 7314-VCG, 2012 WL 4760881 (Del. Ch. Oct. 5, 2012), the Delaware Court of Chancery, on a motion for summary judgment, rejected a stockholder’s demand under Section 220 of the Delaware General Corporation Law (“Section 220”).  Section 220 provides that a stockholder in a Delaware corporation may, under certain conditions, request and cause the corporation to make available for inspection certain books and records, provided the demand has a proper purpose and some credible basis exists for suspecting mismanagement, waste, or wrongdoing.  In this instance, although the court found the purpose of the demand — investigation of the corporation’s compliance with labor law — to be proper, it held that the evidence presented did not amount to a credible showing that legitimate issues of mismanagement existed to warrant an investigation.

The facts in the case were not in dispute. In September 2011, a news article reported that the U.S. Department of Labor was investigating several of the nation’s largest home builders, including Lennar Corp. (“Lennar”), to enforce compliance with the Fair Labor Standards Act (“FLSA”). Nine days later, a follow-up article reported that state-level agencies and the IRS had joined the investigation. Shortly thereafter, plaintiff Louisiana Municipal Police Employees’ Retirement System sent a Section 220 demand letter to Lennar seeking board minutes and other documents related to Lennar’s compliance with state and federal labor laws, tax and immigration laws, citing the recent news articles. Lennar rejected the demand, claiming that plaintiff had no credible basis for believing there had been wrongdoing by Lennar.

In response to the rejection, plaintiff filed an action to obtain the requested books and records. In its lawsuit, plaintiff relied on the news articles it had cited in its demand letter and on a series of eight settled lawsuits brought by Lennar employees against Lennar between 2007 and early 2009 alleging FLSA violations. Lennar moved for summary judgment, contending that plaintiff’s evidence was insufficient as a matter of law to support a Section 220 demand.

The Chancery Court first considered whether plaintiff’s stated purpose for the demand was proper. The court noted that Delaware law recognizes that an investigation of corporate mismanagement, waste or wrongdoing is a proper purpose provided the issues investigated affect the stockholder’s interest as a stockholder, and thereby permit the stockholder to seek a remedy. Based upon this standard, plaintiff agreed that it lacked standing to investigate any past wrongdoing that gave rise to the 2007-2009 FLSA suits, and that it sought to investigate only ongoing mismanagement relating to labor law compliance. The court determined that plaintiff stated a proper purpose.

The court next considered whether a credible basis existed to believe mismanagement was in fact occurring to warrant a Section 220 inspection. The court remarked that absent some required showing, Section 220 inspections would occur upon mere suspicion, indiscriminately exposing corporations to constant fishing expeditions and draining corporate resources. At the same time, under a “credible basis” standard, a stockholder need not prove actual wrongdoing occurred, but must only show legitimate mismanagement issues exist. The court noted that this standard is so low that to lower it more would remove the requirement of coming forward with evidence altogether.

Nevertheless, the court concluded that the evidence plaintiff presented failed to clear even this low hurdle. It found that the past FLSA lawsuits as proof of present wrongdoing required an improper, speculative inference, and thus lacked probative value. Specifically, the last of the lawsuits was brought in early 2009, more than two years earlier. All of the lawsuits settled without an admission of wrongdoing. Furthermore, plaintiff offered no proof that the number of FLSA lawsuits — eight — represented a disproportionally high or unusual number for a company of Lennar’s size. Plaintiff itself did not rely on the suits in its demand letter.

The court also discounted the evidentiary value of the newspaper articles. While a newspaper article reporting on possible wrongdoing could meet the “credible basis” test (at least where there is some corroborating evidence), the articles here did not identify any actual mismanagement. The articles mentioned only the existence of the investigation and named Lennar as one of the companies being investigated. As the court put it, the articles provided “no reportorial suggestion, based on investigation, that Lennar is engaged in wrongdoing.”

Lastly, the court considered whether the past lawsuits and the newspaper articles taken together supplied a credible basis of misconduct justifying a Section 220 inspection. It concluded that, because the probative value of each item was so negligible, combining them could make no difference, and granted summary judgment.

This case confirms that the Delaware Court of Chancery, while continuing to endorse the use of Section 220 to investigate claims before stockholders file suit on behalf of the corporation, will nevertheless insist that stockholders meet the low evidentiary showing required to justify imposing Section 220’s books and records inspection burden on the corporation.

For further information, please contact John Stigi at (310) 228-3717 or John Landry at (213) 617-5561.

Source:
http://www.corporatesecuritieslawblog.com/securities-litigation-delaware-chancery-court-rejects-stockholders-section-220-books-and-records-demand-based-upon-failure-to-demonstrate-credible-basis-for-inspection.html

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Mid-year union dues increase: Hudson notice required, opt-in not opt-out

The US Supreme Court this morning held that "when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."

Knox v. Service Employees Intl Union (US Supreme Ct 06/21/2012)

This is a remarkable decision for two reasons.

First, the Court has never before held that unions must issue a Hudson notice before changing the amount of dues. Hudson notices have always been based on an after-the-fact look-back based on the previous year's audited accounts.

Second, the Court has never before held that unions cannot collect fees from nonmembers unless they affirmatively opt in. The Hudson notice system has always been based on the idea that nonmembers can get an after-the-fact refund.

The union representing California public sector employees has an agency shop agreement which requires nonmembers to pay an annual fee for "chargeable" expenses - nonpolitical costs related to collective bargaining. In June 2005 the union sent out its annual Hudson notice which estimated that chargeable expenses would be 56.35% of its total expenditures. After the 30-day period that nonmembers had to object, the union announced a 25% increase to fund a broad range of political expenses, but nonmembers were given no choice as to whether they would pay into this fund.

The US Supreme Court held (7-2) that

"when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."

The Court described this case as one involving compelled funding of the speech of other private speakers or groups, which is akin to compelled speech and compelled association. Therefore, it is subject to "exacting First Amendment scrutiny." In order to prevent the union from extracting a loan from unwilling nonmembers, the union must issue a fresh Hudson notice and must exempt nonmembers unless they opt in.

Two Justices, CONCURRING in the judgment, criticized the majority for adopting an opt-in system of fee collection which was "not contained in the questions presented, briefed, or argued."

Two Justices, DISSENTING, pointed out that unions have always been allowed to calculate each year's fee based on its expenses during the previous year. Although an imperfect system, it is not unconstitutional.

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Source: http://www.lawmemo.com/blog/2012/06/midyear_union_d.html

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Thursday, November 29, 2012

DFL picks committee chairs at legislature

Rep. John Lesch

The DFL majorities picked their committee chairs for the upcoming legislative session.

Of note to those in the legal profession:

Sen. Ron Latz will chair the Judiciary Committee. Latz is a criminal defense and employment attorney in St. Louis Park and a former prosecutor. He earned his J.D. from Harvard Law School.

Michael Paymar will chair the Public Safety Finance and Policy Committee in the House. That body has budget oversight over the Department of Correction, Department of Public Safety, Department of Human Rights, the courts and crime victim programs. Paymar chaired that committee the last time the DFL had the majority in St. Paul before the 2010 elections.

He is the executive vice president at Paymar Communications.

Debra Hilstrom will chair the Judiciary Finance and Policy Committee. She is a graduate of the William Mitchell College of Law and received the school’s Student Award of Merit at graduation. She works as an assistant Anoka County Attorney.

John Lesch will chair the Civil Law Committee. He earned his J.D. form Hamline University School of Law and works as a prosecutor with the St. Paul City Attorney’s Office.

 

Source: http://minnlawyer.com/minnlawyerblog/2012/11/16/dfl-picks-committee-chairs-at-legislature/

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Revisiting Citizens United in an Election Year

Since 2010, there has been great debate over the controversial ruling, Citizens United. Most recently, the Montana Supreme Court challenged the decision while Senator McCain called it "one of the worst decisions I have ever seen." Lawyer2Lawyer co-hosts and attorneys, J. Craig Williams and Robert Ambrogi welcome, Attorney Joseph M. Birkenstock, former chief counsel of the Democratic National Committee and Bradley A. Smith, Chairman and Co-Founder of the Center for Competitive Politics and former Commissioner on the Federal Election Commission, for an in-depth discussion on the impact of the ruling during an election year and its influence on the upcoming Presidential election.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/01/revisiting-citizens-united-in-an-election-year/

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Super Bowl edition: Vince Lombardi, Civil Rights Pioneer

Professor David Yamada, Director of the New Workplace Institute at Suffolk Law, talks about legendary NFL coach Vince Lombardi as an early pioneer for civil rights. Read Professor Yamada’s blog at http://newworkplace.wordpress.com.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/super-bowl-edition-vince-lombardi-civil-rights-pioneer/

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Obamacare on Trial

The fate of President Obama’s Patient Protection and Affordable Care Act is now in the hands of the United States Supreme Court. But did lawyers for the Obama Administration convince the justices this historic healthcare initiative conforms to the U.S. Constitution? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, along with Professor Ilya Somin from the George Mason University School of Law and Professor Geoffrey Stone of The Law School of the University of Chicago, discuss the constitutionality and possible outcomes of this landmark Supreme Court case.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/obamacare-on-trial/

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Defending Big Data

On this October edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, chats with Mark Melodia, partner at Reed Smith and Antony Kim, a partner at Orrick, to discuss the Law Technology News October cover story, Defending Big Data.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/10/defending-big-data/

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Is Your Food Safe?

3,000 Americans die every year from food-borne illnesses. Recent warnings include listeria in lettuce, salmonella in tuna and E. coli in ground beef. So, is the food Americans eat safe? Are the FDA, USDA and federal laws doing enough to keep our food supply free from potentially deadly pathogens? Lawyer2Lawyer co-host and attorney, Craig Williams gets the facts from food safety experts, William Marler, Managing Partner of Marler Clark and Editor of Food Safety News, and Dr. Michael Doyle, the Director of the University of Georgia’s Center for Food Safety.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/is-your-food-safe/

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Find Now, Read Later

We can find almost anything on the Internet, but retrieving the results at a later date isn’t as easy. Are there ways to “harvest” the web so we can find and read relevant research at a later time? Kennedy-Mighell Report hosts Dennis Kennedy and Tom Mighell, answer this question by sharing ways to save and keep track of web research, the resources for reading web findings later or offline, and whether techniques like capturing a blog post on a Kindle or iPad really help us with the problem of information overload.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/find-now-read-later/

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A Lengthy Yet Random Homage to Family Values

Most readers will be busy today, spending time with the mundane tasks needed to make Thanksgiving the holiday it was intended to be: watching Dallas lose to the Redskins, saying nice things about a turkey, marveling at the cylindrical nature of cranberry sauce in its natural state.



While many are offended by family values as a political plank, not only because they're the values cherished by someone else's family to be imposed on other people's families, but because we have family values of our own.  We do not eschew family values as a voluntary exercise.  We love family values, and today is a day to honor them. Often with pie.

We do so by sharing our good fortune in having such a wonderful family and such abundance in our lives with those less fortunate.  We do not do so because a judge in Stark County, Ohio, well known for the disgusting stripsearch of Hope Steffey, thinks that would be a "poetic" sentence.

In Ohio, Stark County Common Pleas Judge Frank Forchione has sentenced Valerie Rodgers, 46, to making Thanksgiving dinner for three police officers on leave or unable to work. In addition to the dinner, she will be on one-year probation for felony assault and three misdemeanors. This follows another judge who sentenced a teen to ten years of church.

Rodgers pleaded guilty to knocking over a police officer while he was directing traffic.

Judges know that this type of punishment is hugely popular with the public. It is a trend that is erasing the line between entertainment and the law. She has been a continuing and growing trend of this type of abuse by judges...These judges make a mockery out of our court system and sit like little Caesars in meting out their own idiosyncratic forms of justice — often to the thrill of citizens. They degrade not just their courts in such novel sentencing but the legal system as a whole. This judge appears to relish his reputation as the gavel of God — sending felons to embrace faith.
It's good to embrace faith, but it's not something that can be imposed by judicial fiat. If there is poetic justice, Valerie Rodgers will be a lousy cook.  And Forchione will find himself alone today, eating the microwave version of turkey. 

But Thanksgiving is one of the uniquely secular holidays, an America invention remembering how Native Americans, called Indians for hundreds of years until someone decided that it was hurtful, gave us help and comfort before we destroyed the fabric of their world to make it more suitable to our desires.  That means that there will be no cranberry sauce today in the real India, where the denizens are properly called Indians, even though they have no personal relationships with tomahawks.

Yet, despite their tryptophan deficiency, it appears they are far more like us than we realize. Via Bill Henderson, a letter to graduating Indian students from Mohit Chandra, a KPMG partner, that first appeared in the New York Times, and which I post in full, as it captures the spirit of the day:

Dear Graduates and Post-Graduates,

This is your new employer. We are an Indian company, a bank, a consulting firm, a multinational corporation, a public sector utility and everything in between. We are the givers of your paycheck, of the brand name you covet, of the references you will rely on for years to come and of the training that will shape your professional path.

Millions of you have recently graduated or will graduate over the next few weeks. Many of you are probably feeling quite proud – you’ve landed your first job, discussions around salaries and job titles are over, and you’re ready to contribute.

Life is good – except that it’s not. Not for us, your employers, at least. Most of your contributions will be substandard and lack ambition, frustrating and of limited productivity. We are gearing ourselves up for broken promises and unmet expectations. Sorry to be the messenger of bad news.

Today, we regret to inform you that you are spoiled. You are spoiled by the “India growth story”; by an illusion that the Indian education system is capable of producing the talent that we, your companies, most crave; by the imbalance of demand and supply for real talent; by the deceleration of economic growth in the mature West; and by the law of large numbers in India, which creates pockets of highly skilled people who are justly feted but ultimately make up less than 10 percent of all of you.

So why this letter, and why should you read on? Well, because based on collective experience of hiring and developing young people like you over the years, some truths have become apparent. This is a guide for you and the 15- to 20-year-olds following in your footsteps – the next productive generation of our country. Read on to understand what your employers really want and how your ability to match these wants can enrich you professionally.

There are five key attributes employers typically seek and, in fact, will value more and more in the future. Unfortunately, these are often lacking in you and your colleagues.

1.You speak and write English fluently: We know this is rarely the case. Even graduates from better-known institutions can be hard to understand.

Exhibit No. 1: Below is an actual excerpt from a résumé we received from a “highly qualified and educated” person. This is the applicant’s “objective statement:”

“To be a part of an organization wherein I could cherish my erudite dexterity to learn the nitigrities of consulting”

Huh? Anyone know what that means? We certainly don’t.

And in spoken English, the outcomes are no better. Whether it is a strong mother tongue influence, or a belief (mistakenly) that the faster one speaks the more mastery one has, there is much room for improvement. Well over half of the pre-screened résumés lack the English ability to effectively communicate in business.

So the onus, dear reader, is on you – to develop comprehensive English skills, both written and oral.

2. You are good at problem solving, thinking outside the box, seeking new ways of doing things: Hard to find. Too often, there is a tendency to simply wait for detailed instructions and then execute the tasks – not come up with creative suggestions or alternatives.

Exhibit No. 2: I was speaking with a colleague of mine who is a chartered accountant from Britain and a senior professional. I asked him why the pass percentage in the Indian chartered accountant exam was so low and why it was perceived as such a difficult exam.

Interestingly (and he hires dozens of Indian chartered accountants each year), his take is as follows: the Indian exam is no harder than the British exam. Both focus on the application of concepts, but since the Indian education system is so rote-memorization oriented, Indian students have a much more difficult time passing it than their British counterparts.

Problem-solving abilities, which are rarely taught in our schooling system, are understandably weak among India’s graduates, even though India is the home of the famous “jugadu,” the inveterate problem solver who uses what’s on hand to find a solution. Let’s translate this intrinsic ability to the workforce.

3. You ask questions, engage deeply and question hierarchy: How we wish!

Exhibit No. 3: Consistently, managers say that newly graduated hires are too passive, that they are order-takers and that they are too hesitant to ask questions. “Why can’t they pick up the phone and call when they do not understand something?” is a commonly asked question.
You are also unduly impressed by titles and perceived hierarchy. While there is a strong cultural bias of deference and subservience to titles in India, it is as much your responsibility as it is ours to challenge this view.

4. You take responsibility for your career and for your learning and invest in new skills: Many of you feel that once you have got the requisite degree, you can go into cruise control. The desire to learn new tools and techniques and new sector knowledge disappears. And we are talking about you 25- to 30-year-olds – typically the age when inquisitiveness and hunger for knowledge in the workplace is at its peak.

Exhibit No. 4: Recently, our new hires were clamoring for training. Much effort went into creating a learning path, outlining specific courses (online, self-study) for each team. With much fanfare, an e-mail was sent to the entire team outlining the courses.

How many took the trainings? Less than 15 percent. How many actually read the e-mail? Less than 20 percent.

The desire to be spoon-fed, to be directed down a straight and narrow path with each career step neatly laid out, is leading you toward extinction, just like the dinosaurs. Your career starts and ends with you. Our role, as your employer, is to ensure you have the tools, resources and opportunities you need to be successful. The rest is up to you.

5. You are professional and ethical: Everyone loves to be considered a professional. But when you exhibit behavior like job hopping every year, demanding double-digit pay increases for no increase in ability, accepting job offers and not appearing on the first day, taking one company’s offer letter to shop around to another company for more money — well, don’t expect to be treated like a professional.
Similarly, stretching yourself to work longer hours when needed, feeling vested in the success of your employer, being ethical about expense claims and leaves and vacation time are all part of being a consummate professional. Such behavior is not ingrained in new graduates, we have found, and has to be developed.

So what can we conclude, young graduates?

My message is a call to action: Be aware of these five attributes, don’t expect the gravy train to run forever, and don’t assume your education will take care of you. Rather, invest in yourself – in language skills, in thirst for knowledge, in true professionalism and, finally, in thinking creatively and non-hierarchically. This will hold you in good stead in our knowledge economy and help lay a strong foundation for the next productive generation that follows you.

Together, I hope we, your employer, and you, the employee, can forge an enduring partnership.

The world may be flatter than anyone thought. The Slackoisie can take comfort in knowing they're part of a universal movement, as well as the existence of curmudgeons (like moi) in Delhi.

For the most part, my posts end up with a cohesive theme, a point. This one is random, as are the things for which we are thankful.  Both my children slept under my roof last night, in a home that had heat. For this, I am thankful. We will eat Dr. SJ's fabulous pies after a dry turkey dinner, for which I am thankful. Maybe Jack and I will go for a ride in the Healey between games today, and if it starts up like a champ in the cold New York weather as it always does, I will be thankful, as I always am.

Perhaps some of you will persist in reading to this point, for which I am extremely thankful given its length.  I write without knowing whether anyone will read, and without knowing whether it will be embraced by anyone or reviled as stupid and dangerous.  Though I don't write for your sake, I do appreciate that you spend your time reading what I write, that so many think it's worth their time to read what I write. Thank you. 

If there is any message to be had in this post, honor your own family values, whatever they may be, and try to find something to be thankful for.  It's a mean, nasty world out there. Someone will be harmed today, whether in the name of the law or to sate some narcissist's vision of justice.  Even on Thanksgiving, someone will suffer. It's okay to take a moment to do what you can to right the wrong, and then have some pie.

Happy Thanksgiving.










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Source: http://blog.simplejustice.us/2012/11/22/a-lengthy-yet-random-homage-to-family-values.aspx?ref=rss

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Wednesday, November 28, 2012

Ultrabook Benefits for Attorneys

The big story at the 2012 Consumer Electronics Show was "ultrabooks." This new category of computer stole the thunder, at least for a few days, from tablet computers. Should lawyers be considering ultrabooks in 2012? In this episode, Dennis Kennedy and Tom Mighell take a look at the new world of ultrabooks, whether tablet computers like the iPad are taking over the computer market, and what it all means for traditional notebook computers and desktop PCs.After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/01/ultrabook-benefits-for-attorneys/

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Don't Mess With The Pennsylvania Department of Environmental Protection

wetland%20wetlands.JPG

Why shouldn't you mess with the the Pennsylvania Department of Environmental Protection? Here's why: They "fined a Marshall Township man more than $100,000 for destroying two acres of wetlands to build a recreational pond." As reported by timesonline.com (Beaver, PA):

The DEP announced Wednesday that Francois Bitz, 52, of 1640 Pleasant Hill Road has agreed to pay a $137,800 fine as part of a consent order for violating the state’s Clean Streams Law and the Dam Safety and Encroachments Act.
Bitz also will pay recovery costs and oversight fees to the DEP and the Allegheny County Conservation District, the state agency release said.
From 2009 to 2010, without necessary permits, Bitz excavated approximately 2 acres of wetland and impacted about 1,100 feet of stream while constructing a pond on his property, the DEP release said.
Good thing he only coveted a 2-acre pond.
The DEP said it issued two compliance orders to Bitz in July 2010 after inspections revealed he had excavated portions of a stream channel of an unnamed tributary to Big Sewickley Creek, which is classified as a trout-stocked fishery. The agency said Bitz also disturbed significant portions of earth in the surrounding wetlands without developing an erosion and sediment control plan, which could lead to pollution in the stream.
Dude.
The agreement stipulates that the restoration of the property must begin within two months and be completed within six months of the permit being issued, the release said.
Fortunately for all parties concerned, it looks like Mr. Bitz can well afford to repair the damage.
In 1990, Bitz and three colleagues at Carnegie Mellon University co-founded Fore Systems, a Marshall-based technology company that had its first major success when it landed a contract to develop computer network switches for the Navy in 1991.
Here's the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/HSyEBy9ad54/post_530.html

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Shooting A .22 At Cans In Your Suburban Neighborhood?

shooting%20gun%20at%20cans%20shoot%20.jpg

Nothing wrong with shooting at cans with a .22 ... unless it's in the middle of a suburban neighborhood! What kind of dope would do this? This kind, as reported at www.thedestinlog.com:

Two men were arrested Thursday after a homeowner on Pompano Street complained he'd found two bullet holes in his garage door.
That's a little frightening, but it gets worse.
According to a Santa Rosa County Sheriff's Office release, while the homeowner was showing a deputy the damage, a bullet passed within 2 feet of the deputy and hit the garage door.
Oh, now it's on.
Backup units were called and four men were found in the back yard of another home on the same street.
The men had been firing a bolt action, .22 caliber rifle. Two of the men, twin brothers Tyler and Nicholas Hulick, both 19, had fired the rifle at a can and a tree in the back yard.
When Tyler fired a shot that hit the homeowner's garage, one of the men with him told him he "nearly hit someone" and to "not shoot again."
Good advice. Surely he listened to his twin brother.
Nicholas then took the gun from Tyler and said, "I wanna shoot some gun," the release said. Nicholas fired four to six shots in the same direction.
Clearly theses dudes are not "identical" twins.
The can the two men were aiming at was on top of a privacy fence. Nicholas told deputies he shot at a tree in the back yard for a "very short time" before deputies arrived.
From the spot where the men were shooting there was a clear line of sight to the home where the deputy and the homeowner were standing. The two other men present did not fire the rifle. Both brothers were arrested and transported to the Santa Rosa County Jail.
The charges?
Nicholas Scott Hulick was charged with improper exhibition of a firearm, discharging a firearm in public and shooting into a dwelling. He was released on an $11,000 bond. Tyler Grant Hulick, was charged with improper exhibition of a firearm and discharging a firearm in public. He was released on a $2,000 bond.

Sounds about right to The Juice.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/hqgXDk9wTlQ/post_537.html

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Solos, Structured Settlements, & Medicare Set Asides

Solo attorneys need to know what is happening in the structured settlement industry for a more successful practice. New Solo host, Attorney Kyle R. Guelcher, a solo practitioner looks to the experts, Ringler Associates Consultant Peter Early, and Vincent Polinsky, Director of Operations at Ringler Medicare Solutions, to explain the evolving role of the structured settlement consultant today. Hear the discussion about the advantages of a Medicare Set-Aside, and the benefits overall to your client’s settlement.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/04/solos-structured-settlements-medicare-set-asides/

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The Impact of BU Law’s LL.M. Programs

BU Law has offered a post-graduate legal education leading to the Master of Laws degree for more than 125 years. In this BU Law podcast, host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth, welcomes John N. Riccardi, BU Law’s assistant dean for Graduate and International Programs and director of the Office of Graduate and International Programs, to take a look at the School’s graduate programs for international lawyers. Later in the program, David is joined by former student Johan S. Ellefsen, who talks about his experience with the LL.M. program and where he is today.

Source: http://legaltalknetwork.com/podcasts/boston-university-school-of-law/2012/03/the-impact-of-bu-laws-ll-m-programs/

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Governor frees wrongly convicted man

Gov. Bob McDonnell issued a conditional pardon late Tuesday that led to freedom for a North Carolina man who has served four years in prison based on false accusations.

The release came after hasty legal and investigative work by lawyers for Montgomery and by the governor’s staff.

Johnathan Montgomery was released on conditional clemency based on his agreement to file a writ of actual innocence within 30 days and to remain under state supervision while the writ petition is pending.

The request for a conditional pardon was received at 10 p.m. Monday night, according to the governor’s office. Over the next 20 hours, the governor’s staff reviewed two taped interviews with Montgomery’s accuser, court records and transcripts, prison records, and the police case file on the accuser’s recantation. McDonnell staffers interviewed the Hampton commonwealth’s attorney and the police department, the pardon recites.

McDonnell called Montgomery at 5:15 Tuesday afternoon to advise him of the pardon. He was released later that evening.

Montgomery’s case led to calls for reform of Virginia’s so-called 21-day rule barring any trial court relief from a criminal judgment after 21 days have passed.

Source: http://valawyersweekly.com/vlwblog/2012/11/21/governor-frees-wrongly-convicted-man/

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Future OS: Windows 8, Apple Mountain Lion and Beyond

Has it really been three years since the introduction of Windows 7? Surveys indicate that Windows XP users still outnumber Windows 7 users. Recent announcements indicate that we'll be seeing both Windows 8 and a new Mac OSX update called Mountain Lion in 2012. In this episode, Dennis Kennedy and Tom Mighell take a look at what we have now learned about operating system updates, the current state of operating systems, and what our future operating systems might look like. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/02/future-os-windows-8-apple-mountain-lion-and-beyond/

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THE PRACTICE: Notable circuit splits on federal procedural issues

One issue dividing the circuits is whether a court may transfer part of an action while retaining the remainder.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202579094310&rss=rss_nlj

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Tuesday, November 27, 2012

Financial industry lawyers praise Schapiro for saving a tattered SEC

Mary Schapiro, the chairwoman of the U.S. Securities and Exchange Commission, has announced that she will be stepping down from her post and leaving the agency on December 14.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202579387839&rss=rss_nlj

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A Woman Who Uses "911" More Than Rudy Giuliani ...

911%20emergency%20call.jpg

It's unclear what it will take for this Maine woman to understand that "911" is for emergencies. Check out the series of events, as reported by The Bangor Daily News:

Shirley Isacson, 66, “placed 10 calls to 911 in just over an hour” Friday, he said. “She was not reporting any type of emergency.”
The calls started at around 4:15 p.m. Friday and after being warned several times to stop calling for help if she did not need it, Isacson was given a ticket charging her with misuse of the emergency 911 system.
Lesson learned? Nope.
At around 10:30 p.m. Sunday, Belfast Police Department officials called Old Town to say they had received a call from Isacson’s number and the woman wasn’t making sense. While en route to her home, Old Town police got a second call from Maine State Police barracks in Orono saying they received a similar call.
You are not going to believe who Ms. Isacson called when the police knocked on her door.
... Isacson called 911 to say police were at the door harassing her ...
Nooooo! This time she was just given a warning. Surely that's it. Nope.
An hour later she called the non-emergency number for the Old Town Police Department and when police arrived ...
Wait for it ...
... she called 911 to say police were again at the door harassing her.
If you're wondering when this ends - not yet!
In fact when police told her she was under arrest, “she tried to call 911 again,” Casey said.
Isacson was arrested and charged with misuse of the emergency 911 system and taken to Penobscot County Jail in Bangor, where she remained Monday night, a jail official said.
The Juice is exhausted. Here's the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/m9ZNHaL_fMM/post_533.html

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Gambling on Sports and the Law

What are the odds that your office NCAA basketball pool for March Madness is illegal? Are you willing to bet that gambling outside of a casino on any sporting event breaks both state and federal laws? So then, why is it a crapshoot that you will be prosecuted under these laws? Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, take a look at America’s gambling legislation with Professor Marc Edelman of Barry University's Dwayne O. Andreas School of Law and Author and Attorney Clay Travis from Counsel On Call.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/03/gambling-on-sports-and-the-law/

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Apple adds products to Samsung patent infringement suit

[JURIST] Apple [corporate website] filed a motion on Friday in the US District Court for the Northern District of California [official website] requesting permission to add six additional products to its patent infringement claim against Samsung Electronics [corporate website]. According to court documents, Apple seeks to supplement its claim [Bloomberg report] with newer Samsung products brought to market after the original lawsuit was filed in February. These include the Galaxy SIII, Galaxy Note and several tablet and smart-phone designs that...

Source: http://jurist.org/paperchase/2012/11/apple-adds-products-to-samsung-patent-infringement-suit.php

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Gone Clio with Attorney Andrew Kawel

Listen as Clio co-founder Jack Newton talks with special guest, Andrew Kawel, founder of Kawel PLLC. You'll hear Jack and Andy discuss switching to Mac to minimize time and frustration in doing certain non-billable and labor intensive tasks, Dropbox, Google Voice, Google Apps and the cloud.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/02/gone-clio-with-attorney-andrew-kawel/

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Revisiting Voter ID Laws

Since our program spotlighting Voter ID Laws and Voter Purges across the country, there have been big developments in Arizona, Tennessee and key battleground state, Ohio. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams chat with Daniel Tokaji, Professor of Law at The Ohio State University’s Moritz College of Law and Lawrence Norden, Deputy Director of the Brennan Center's Democracy Program, about this how the upcoming election might be impacted.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/revisiting-voter-id-laws/

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Agencies in Transition: At host of agencies, battles brewing

For some federal agencies, President Barack Obama's second term means a second chance. From investor protection to food safety, greenhouse gas limits to new workplace injury prevention programs, key regulatory agencies will use the next four years to tackle unfinished business.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202579120963&rss=rss_nlj

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In Oakland, a New Kind of Federal Courthouse — 100% Female

The federal courthouse in Oakland, Calif., is unlike any other in the nation. All of its judges and magistrate judges are women. Five of the six of them are women of color.

Source: http://blogs.wsj.com/law/2012/11/23/in-oakland-a-new-kind-of-federal-courthouse-100-female/?mod=WSJBlog

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Monday, November 26, 2012

LawBiz® Legal Pad: The End Of Your Lease

Ed makes suggestions about what to consider when approaching the end of your lease.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/4u1N1tzZkt0/

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NLRB: Firing for Facebook posting was legal

Let the NLRB's press release tell the story:

The National Labor Relations Board has found that the firing of a BMW salesman for photos and comments posted to his Facebook page did not violate federal labor law, because the activity was not concerted or protected. [Decision here]

The question came down to whether the salesman was fired exclusively for posting photos of an embarrassing and potentially dangerous accident at an adjacent Land Rover dealership, or for posting mocking comments and photos with co-workers about serving hot dogs at a luxury BMW car event. Both sets of photos were posted to Facebook on the same day; a week later, the salesman was fired from Knauz BMW in Lake Bluff, IL.

The Board agreed with Administrative Law Judge Joel P. Biblowitz, who found after a trial that the salesman was fired solely for the photos he posted of a Land Rover that was accidently driven over a wall and into a pond at the adjacent dealership after a test drive. Both dealerships are owned by the same employer.

In a charge filed with the NLRB, the salesman maintained that he was principally fired for posting photos and sarcastic comments about his dealer serving hot dogs, chips and bottled water at a sales event announcing a new BMW model. “No, that’s not champagne or wine, it’s 8 oz. water,” the salesman commented under the photos. Following an investigation,the regional office issued a complaint. Judge Biblowitz found that this activity might have been protected under the National Labor Relations Act because it involved co-workers who were concerned about the effect of the low-cost food on the image of the dealership and, ultimately, their sales and commissions.

The Land Rover accident was another matter. A salesperson there had allowed a customer’s 13-year-old son to sit behind the wheel following a test drive, and the boy apparently hit the gas, ran over his parent’s foot, jumped the wall and drove into a pond. The salesman posted photos of the accident with sarcastic commentary, including: “OOPS”.

The National Labor Relations Act protects the group actions of employees who are discussing or trying to improve their terms and conditions of employment. An individual’s actions can be protected if they are undertaken on behalf of a group, but the judge found, and the Board agreed, that was not the case here.

As Judge Biblowitz wrote, “It was posted solely by [the employee], apparently as a lark, without any discussion with any other employee of the Respondent, and had no connection to any of the employees’ terms and conditions of employment. It is so obviously unprotected that it is unnecessary to discuss whether the mocking tone of the posting further affects the nature of the posting.” Because the posts about the marketing event did not cause the discharge, the Board found it unnecessary to pass on whether they were protected.

However, the three-member panel differed in its opinions of a “Courtesy” rule maintained by the employer regarding employee communications. Chairman Mark Gaston Pearce and Member Sharon Block found the language of the rule to be unlawful because employees would reasonably believe that it prohibits any statements of protest or criticism, even those protected by the National Labor Relations Act.

Dissenting, Member Brian E. Hayes found that the employer’s rule was “nothing more than a common-sense behavioral guideline for employees” and that “nothing in the rule suggests a restriction on the content of conversations (such as a prohibition against discussion of wages)”.

The Board ordered Knauz BMW to remove the unlawful rules from the employee handbook and furnish employees with inserts or new handbooks. The decision, dated Sept. 28 but made public today, was the Board’s first involving a discharge for Facebook postings; other such cases are pending before the Board.

28 Day Free Trial

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Source: http://www.lawmemo.com/blog/2012/10/nlrb_firing_for.html

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Metadata: What You Can’t See Can Hurt You!

Many are hearing about metadata in articles and blogs, but secretly admit that they don’t fully understand what it is. Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, join Karen Massand, the President of Litéra, to take a look at metadata, whether it takes an expert to find metadata in documents, leaking hidden data, and the new metadata problem caused by the "bring your own device movement".

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/09/metadata-what-you-cant-see-can-hurt-you/

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So You're Telling Me Those Cars In The Showroom Aren't Filled Up With Gas?

out%20of%20gas%20running%20empty%20no%20gas.jpg

Rule number one: Make sure the getaway car has enough gas to get away! Rule number two: Don't commit your crime in full view of surveillance cameras. A man in Albany, Georgia broke both rules, and will no doubt pay a hefty price. As reported by WALB:

An Albany car dealership has a big mess to clean up. Thanksgiving night a man broke in to the Five Star Nissan showroom, stole a vehicle, and shattered glass windows as he drove right out the building.
You already know how he was caught.
He ran out of gas in Early County though [and was hanging out by the car!] and is now in police custody.
To read more (a fair amount) click here.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/6Gpl-ZujSwA/post_536.html

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Social Media and Lawsuits

From "tweets" to Facebook status updates, social media has taken over how we communicate with the outside world. It has also become a large part of our legal system. Social media is now considered key evidence in both criminal cases and civil lawsuits. Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi examine the surge in social media-based evidence and claims in litigation, as well as the importance of educating attorneys on the ins and outs of social media with Attorney Antigone Peyton, Founder and CEO of Cloudigy® Law, PLLC and Attorney Ernest Svenson, solo attorney and blogger.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/social-media-and-lawsuits/

criminal law criminal law cases

Liability in the Costa Concordia Cruise Ship Tragedy

The capsizing of the luxury cruise ship, Costa Concordia, off the coast of Italy has created a torrent of possible criminal charges against the captain and civil litigation against the cruise line company in courtrooms around the world. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and J. Craig Williams, along with Attorney Joseph McFaul, special counsel for Sedgwick LLP in Irvine, California, sort through the plethora of legal issues associated with this cruise ship tragedy.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/01/liability-in-the-costa-concordia-cruise-ship-tragedy/

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Just Say "No"

no.jpg

Sure, the First Amendment permits you to yell at police officers, and even flip them off. But in most cases, they're doing their job, and doing it within the law. And even when they're not, you should consider your own circumstances before opening your yap. As reported by The Northwest Florida Daily News:

Niceville Police officers were investigating a case of underage smoking on Reeves Street when the man [age 21] and two of his friends "began hollering and asking questions about what I was doing," the arresting officer wrote in his report.
That's legit, as long as you don't interfere. But you've now inserted yourself into the situation, which can have consequences.
The men consented to a pat-down and an officer felt two objects in one man's pocket. The man said one of the objects was a lighter. The other he identified as a pipe he uses to "smoke weed." 
Yes? You said "yes"? Smooth move. There's a reason the officer asked for your consent, jack. You could have said "no."
He was charged with drug equipment possession and marijuana possession. His court date is Dec. 4.
Here's the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/hH-ZjG_j2Fc/just_say_no.html

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2011 Intellectual Property Year in Review and Outlook for 2012 – Part I: Patents

IP Counsel host, Attorney Peter Lando, partner at the firm of Lando & Anastasi, LLP, welcomes Craig Smith, partner at Lando & Anastasi, to discuss important patent cases and court decisions in 2011 from the United States Supreme Court and the Court of Appeals for the Federal Circuit covering a wide range of issues, including patentable subject matter, inventor rights, inducement of patent infringement, damages, and inequitable conduct. Peter and Craig also discuss major cases on the dockets of the Supreme Court and Federal Circuit in 2012 that will be followed closely by practitioners and the business community.

Source: http://legaltalknetwork.com/podcasts/ip-counsel/2012/02/2011-intellectual-property-year-in-review-and-outlook-for-2012-part-i-patents/

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Sunday, November 25, 2012

American Bar Association Updates Technology Ethics Rules

In this August edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins attorney Michael Arkfeld, principal of Arkfeld and Associates, and John Barkett a partner at Shook, Hardy & Bacon, to discuss pending changes to the ABA’s Model Code of Professional Conduct, addressing technology, and lawyers’ responsibilities to understand and use technology to best serve clients. Monica continues the discussion with attorney Bob Ambrogi, who focuses on social media.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/07/american-bar-association-updates-technology-ethics-rules/

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Oliver Hill home gets new lease on life

SALEM – The renovated childhood home of famed civil rights pioneer Oliver Hill will be active once again with a new plan for mentoring and tutoring of Roanoke school students.

Big Brothers Big Sisters is partnering with the Roanoke City Schools and the Oliver Hill Foundation to launch an after-school mentoring program at the house in Roanoke’s Gainsboro community.

The plan was announced Monday at a meeting of the Ted Dalton American Inn of Court.

Renovation of Hill’s boyhood home was unveiled in 2009, with a plan for a legal clinic. The clinic closed within two years, reportedly because of redundancy of legal aid services in the area.

Organizers hope to set the current plan in motion by January.

Source: http://valawyersweekly.com/vlwblog/2012/11/20/oliver-hill-home-gets-new-lease-on-life/

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NSSTA’s Take the Hill

This past April, members of National Structured Settlement Trade Association (NSSTA) decided to "Take the Hill". They headed to Capitol Hill for meetings with members of Congress and senior Congressional staff to discuss important public policy and the economic security benefits of structured settlements. Ringler Radio host, Larry Cohen talks to Ringler colleagues, Peter Early and Erin Muller about their experience at "Take the Hill" and their mission to educate our elected officials on the benefits of structured settlements.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/07/nsstas-take-the-hill/

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Oliver Hill home gets new lease on life

SALEM – The renovated childhood home of famed civil rights pioneer Oliver Hill will be active once again with a new plan for mentoring and tutoring of Roanoke school students.

Big Brothers Big Sisters is partnering with the Roanoke City Schools and the Oliver Hill Foundation to launch an after-school mentoring program at the house in Roanoke’s Gainsboro community.

The plan was announced Monday at a meeting of the Ted Dalton American Inn of Court.

Renovation of Hill’s boyhood home was unveiled in 2009, with a plan for a legal clinic. The clinic closed within two years, reportedly because of redundancy of legal aid services in the area.

Organizers hope to set the current plan in motion by January.

Source: http://valawyersweekly.com/vlwblog/2012/11/20/oliver-hill-home-gets-new-lease-on-life/

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Federal judge holds former Somalia colonel responsible for 1980s torture

[JURIST] A judge for the US District Court for the Southern District of Ohio [official website] on Tuesday ruled that a former Somali military colonel was responsible for the torture of a human rights advocate in the 1980s. Colonel Abdi Aden Magan did not present any evidence [AP report] to dispute allegations that he directed subordinates to carry out human rights abuses under the regime of former military dictator Mohammed Siad Barre [NYT profile]. Lawyer and human rights advocate Abukar...

Source: http://jurist.org/paperchase/2012/11/federal-judge-holds-somalia-colonel-responsible-for-1980s-torture.php

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VSB ethics panel scratches 2 LEOs

The Virginia State Bar Legal Ethics Committee has withdrawn two 1990 legal ethics opinions out of concern they might lead lawyers astray in matters involving powers of attorney.

The two opinions – LEO 1313 and 1339 – take the view that a law firm hired to prepare a power of attorney is representing the attorney in fact that sought the service.

That’s not always the case, said VSB Ethics Counsel Jim McCauley.

McCauley said the issue can come up in estate planning work involving families. Questions arose from calls on the VSB ethics hotline ((804) 775-0564), he said.

It was “problematic” for the opinions to state in such a conclusory and definite manner that the holder of a power of attorney is always the client, McCauley said.

“We don’t want lawyers to look to those opinions for guidance and come to the wrong conclusion,” he said.

Moreover, McCauley said, a legal ethics opinion may not be the forum to define the attorney-client relationship, a matter under frequent review by the courts. Opining on the creation of an attorney-client relationship is “outside the purview” of the ethics committee, he said.

McCauley described the withdrawal of the two LEOs as a “housekeeping” measure.

Source: http://valawyersweekly.com/vlwblog/2012/11/16/vsb-ethics-panel-scratches-2-leos/

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Plaintiffs seek to attach assets of compounding company linked to meningitis

In a two-hour hearing, lawyers battled over whether a federal judge should order the attachment of up to $461 million in assets belonging to New England Compounding Pharmacy Inc.--which is primarily linked to a fungal meningitis outbreak that caused 34 deaths--and other related companies and individuals. 

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202579026996&rss=rss_nlj

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Interview: Japan's Economic Minister Maehara (Wall Street Journal)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Law - Video News, RSS and RSS Feed via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/law/video/264271381?client_source=feed&format=rss

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Saturday, November 24, 2012

Civility as an Art Form in Diplomacy and the Law

Civility is a skill in the management of differences, disagreements and conflict and is good for the law profession. So how essential is civility to the legal profession? And is it practiced well by lawyers? Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Dick A. Semerdjian from the firm Schwartz Semerdjian Ballard & Cauley LLP and chair of the ABA Tort Trial and Insurance Practice Section (TIPS), to discuss the status of civility in the legal profession.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/civility-as-an-art-form-in-diplomacy-and-the-law/

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It's Legal To Sell Marijuana In Washington. But Try Telling That To A Bank.

Voters in Washington and Colorado just approved measures legalizing marijuana for recreational use. But businesses that want to sell marijuana in those states will face a problem: No bank wants to do business with them.

» E-Mail This     » Add to Del.icio.us

Source: http://www.npr.org/blogs/money/2012/11/16/165245222/its-legal-to-sell-marijuana-in-washington-but-try-telling-that-to-a-bank?ft=1&f=1070

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Rights group advocates ban on fully autonomous weapons

[JURIST] Human Rights Watch (HRW) [advocacy website] on Monday issued a report [text, PDF; press release] that describes the threat from and advocates for the ban of fully autonomous weapon systems. These weapons systems are essentially robots that would be able to operate without human direction or interaction, and while they have yet to be used in a combat zone, they are in development for future conflicts. The report expresses concern that, in addition to potential lack of accountability for...

Source: http://jurist.org/paperchase/2012/11/rights-group-advocates-ban-on-fully-autonomous-weapons.php

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A Woman Who Uses "911" More Than Rudy Giuliani ...

911%20emergency%20call.jpg

It's unclear what it will take for this Maine woman to understand that "911" is for emergencies. Check out the series of events, as reported by The Bangor Daily News:

Shirley Isacson, 66, “placed 10 calls to 911 in just over an hour” Friday, he said. “She was not reporting any type of emergency.”
The calls started at around 4:15 p.m. Friday and after being warned several times to stop calling for help if she did not need it, Isacson was given a ticket charging her with misuse of the emergency 911 system.
Lesson learned? Nope.
At around 10:30 p.m. Sunday, Belfast Police Department officials called Old Town to say they had received a call from Isacson’s number and the woman wasn’t making sense. While en route to her home, Old Town police got a second call from Maine State Police barracks in Orono saying they received a similar call.
You are not going to believe who Ms. Isacson called when the police knocked on her door.
... Isacson called 911 to say police were at the door harassing her ...
Nooooo! This time she was just given a warning. Surely that's it. Nope.
An hour later she called the non-emergency number for the Old Town Police Department and when police arrived ...
Wait for it ...
... she called 911 to say police were again at the door harassing her.
If you're wondering when this ends - not yet!
In fact when police told her she was under arrest, “she tried to call 911 again,” Casey said.
Isacson was arrested and charged with misuse of the emergency 911 system and taken to Penobscot County Jail in Bangor, where she remained Monday night, a jail official said.
The Juice is exhausted. Here's the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/m9ZNHaL_fMM/post_533.html

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