Friday, May 31, 2013

Senators Tussle Over Proposal To 'Unpack' Key D.C. Court

GOP Sen. Charles Grassley has floated legislation that would cut three seats from the important D.C. Circuit appeals court — just as President Obama prepares to announce his nominees for those jobs. The court is now evenly balanced with four appointees each from Republican and Democratic presidents.

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

Source: http://www.npr.org/blogs/itsallpolitics/2013/05/29/186952724/Senators-Tussle-Over-Unpacking-Key-D-C-Court?ft=1&f=1070

mold attorney need a lawyer

Surviving the Workplace Transition – Tips from NALA

On this edition of The Paralegal Voice, co-host Vicki Voisin welcomes Elizabeth H. Nellis, ACP and Beverly A. Pace, ACP from NALA to discuss tips for transitioning into the legal workplace and how to survive once you are there. Is what you are wearing working against your chance at a job? Listen in as they go over common first-day mistakes and pitfalls you can avoid.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/02/school-workplace-transition-nala/

injury lawyer injury lawyers international law international law schools internet lawyer

Gone Clio with Attorney Andrew Legrand

On Gone Clio, Clio co-founder Jack Newton talks with special guest, New Orleans lawyer, Andrew Legrand. Andrew discusses his method for being completely paperless, disaster recovery and cloud storage, Clio’s Maildrop feature and shares his thoughts on the online law practice model.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/06/gone-clio-with-attorney-andrew-legrand/

immigration lawyer immigration lawyers

Our fashion statement: We have enough sense not to spend $800 for a pair of shoes. (Florida Times-Union)

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

Source: http://news.feedzilla.com/en_us/stories/law/video/305793068?client_source=feed&format=rss

personal injury attorney personal injury attorneys personal injury lawyer personal injury lawyers power attorney

Thursday, May 30, 2013

Claims College for Litigation Managers

The Claims and Litigation Management Alliance (CLM) is a national organization with over 20,000 members in the claims and litigation management profession. In 2013, CLM will launch the first national resource for continuing education called Claims College. On this Ringler Radio podcast, host Larry Cohen hears from guest, Adam Potter, Executive Director for CLM about Claims College, the faculty of senior level industry leaders and curriculum for Claims Management, Professional Lines and Workers' Compensation.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/12/claims-college-for-litigation-managers/

internet lawyer labor attorney

Domestic Drones and Privacy Law

On February 14, 2012, President Obama signed the Federal Aviation Administration Modernization and Reform Act into law. This Act requires the FAA to allow others to fly drones, including law enforcement agencies, private companies and even individual hobbyists, over American neighborhoods. Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, talk to the experts, Ryan Calo, Director for Privacy and Robotics, for the Center for Internet and Society at Stanford Law School and Jennifer Lynch, a staff attorney with the Electronic Frontier Foundation, about drones, transparency, public safety and the potential impact on privacy law.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/domestic-drones-and-privacy-law/

company law conservator copyright lawyer corporate law corporate lawyer

Legal Crackdown on Human Trafficking

Human trafficking is "modern-day slavery." And if you think it isn’t happening near you, think again. The United Nations estimates nearly 2.4 million people may be the victims of this crime. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams take a legal look at this troubling issue with Professor Bridgette Carr from the University of Michigan Law School, Attorney Ann Johnson from Houston, Texas and Mary C. Ellison, Director of Policy for Polaris Project.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/legal-crackdown-on-human-trafficking/

attorneys bankruptcy attorney

Bungled Facebook IPO Costs NASDAQ $10 Million Penalty

The NASDAQ OMX Group agreed to pay the U.S. Securities and Exchange Commission a $10 million penalty to settle charges related to "poor systems and decision-making" during Facebook Inc.'s initial public offering and subsequent trading.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202602114558&rss=rss_nlj

colorado disability lawyer commercial law common law company law conservator

Legal Translation Services for Law Firms

When should a law firm consider either translation or interpretation services? Jared Correia, the host of The Legal ToolKit and Law Practice Management Advisor with Mass. LOMAP gets the answer from George Rimalower, founder and president of ISI Translations, Inc. Jared and George also explain the benefits of using a translation service and how these services can boost your legal firm’s bottom line.

Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/06/legal-translation-services-for-law-firms/

family law family lawyer

Wednesday, May 29, 2013

Sentencing Catherine Greig

Suffolk Law Professor Chris Dearborn discusses the recent sentencing of Catherine Greig. Read more about Professor Dearborn at http://bit.ly/rafZ9N.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/06/sentencing-catherine-greig/

getting power of attorney government lawyer green card lawyer immigration attorney immigration law

Sgt. Dennis Workley and a Jail Safe Enough

He lied. He made stuff up about Claude Suggs, that he was selling pot out of his home, in order to get a search warrant.  He was so careless, so cavalier about it, that he didn't even give the minimum effort to make it look good, cutting and pasting from old warrants, leaving in the "cocaine" language even though this was for marijuana.  Baltimore Sgt. Dennis Workley was a liar.

"It was like a SWAT team. They had the big shield and guns," Mary Johnson said. "They had weapons drawn to animals, people, babies."

[Reporter Jayne] Miller reported there were irregularities in the affidavit Workley signed to get the warrant. In one section, he said marijuana was sold from the house, Miller reported. In another section, he said the house was used to traffic cocaine.

Miller said the discrepancy suggested that Workley cut and pasted text from another case.

And some judge signed it, discrepancies and all, a detail that appears to have faded in the mist from all subsequent accounts.  Workley wound up finding two $10 bags of pot, which did not make him happy, so they took a sledgehammer and destroyed the family's Christmas presents. That will teach them to not be not drug dealers. Two under for the baggies, both dismissed. Hardly worth dragging out the bazookas.

Without explanation as to how exactly the lies made it onto someone's radar, Sgt. Workley's perjury brought him prosecution for misconduct, and he was convicted.

And he was sentenced.

Workley apologized, saying in court he got lazy and cut corners in writing the warrant.

He faced 10 years in jail, but a judge determined he couldn't think of a jail safe enough to house Workley so he will serve a suspended sentence and supervised probation.

Is there a "jail safe enough"?  Cops in prison face tough times, whether from the possibility of meeting face to face with somebody who didn't care for the way they were treated when the officer was god, or just not happy with police in general.  There are a few people like that in "jail." Prison too.

Or is it that jails just aren't safe places for much of anybody, but when it comes to people who never wore a shield, the judge just couldn't work up enough empathy to concern himself with the risks he imposed.  After all, do criminals deserve to be coddled in jails where their safety is assured?  Prison too.

Other prisoners aren't always treated with kindness and gentility. Child molesters are universally despised in jail. Rapists aren't well received in jails. Effeminate prisoners, those with slight builds, those who are less than capable of defending themselves, often find jails to be an unforgiving place. Prisons too.

The idea is that jail, not to mention prisons, aren't supposed to be death sentences for anyone. Defendants are sentenced to a term of years, not to rapes, beatings and murder. Among the many duties the state has, keeping those in its care safe from harm is one. One that isn't always done very well. Is that the judge's point, that the jails of Maryland are incapable of providing safety to its inmates?  Prisons too?

The judge's concern, while speculative, is understandable.  What it is not is acceptable. Among the primary legitimate purposes of incarceration, general deterrence is big. Huge.  And it's especially huge for police, a group largely inclined to believe that no matter what they do, what laws they break, what people they harm, they will receive special treatment.

No matter how bad a cop may be, he will still get the special courtesy reserved for a cop. And only a cop.

The explanation often used by judges for sentencing a convict to a term of years in prison, usually a lengthy term that will leave infants fatherless for the duration of their formative years, families destitute, even employees without jobs when their employer goes down, is that they must send a message. They must. It is so critical that the message be sent that it justifies the suffering of innocents this time so that others are not harmed another time.

So too was a message sent by the judge, Baltimore City Circuit Court Judge John Howard, that Dennis Workley, former sergeant of the Baltimore police, leader of the SWAT Team that smashed Christmas presents with a sledgehammer, liar, cannot be sent to jail because his safety might be compromised.  Prison too.

The argument, likely made by Workley's lawyer, is a sound one.  Workley would likely be at grave risk of harm if he was sentenced to jail. Prison too. While it would be a similarly sound argument for many other defendants, it's highly unlikely it would meet the same reception. Child molesters simply do not get nearly as much understanding from judges as dirty cops.

So Workley doesn't go to jail for his crimes. Not even prison.

And still, nobody mentions the judge who signed off on the cut and paste warrant that couldn't figure out whether it was for marijuana or crack.  He won't be going to jail either. Prison too.




 











 



© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2013/05/22/sgt-dennis-workley-and-a-jail-safe-enough.aspx?ref=rss

criminal defence lawyer criminal defense

Police chief who stole drugs gets 9 years

A former small town Virginia police chief who orchestrated a drug store burglary to get pain pills has been sentenced to nine years in federal prison.

Bryan Young, chief of the Pennington Gap police department, arranged for other officers to be off duty one night last September to clear the way for associates to break into a Rite-Aid pharmacy and steal painkillers. Young later obtained some of the stolen pills.

Young was arrested in October after selling pills to an informant while wearing his police uniform, authorities said.

Young’s family members pleaded for leniency in letters to the court, noting the effect of the arrest and charges on Young’s two school-aged daughters.

“This sad case demonstrates how pervasive and dangerous prescription drug abuse can be, and how it pervades all levels of society,” said U.S. Attorney Timothy J. Heaphy in a news release.

Source: http://valawyersweekly.com/vlwblog/2013/05/28/police-chief-who-stole-drugs-gets-9-years/

attorney fees attorney finder attorney law attorney lawyer attorneys

Putting the Web to Work for You

Have you ever wanted one action on the Web automatically trigger another action? For example, if you post a tweet, it automatically becomes a LinkedIn or Facebook update or if you star a blog post in Google Reader, it automatically gets added to your Evernote account. IFTTT (If This, Than That) is a web service does exactly that. In this episode of the Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss web automation and IFTTT, how it might make your life a little easier, and the role this type of service might play for the busy lawyer.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/putting-the-web-to-work-for-you/

immigration lawyer immigration lawyers

Structured Settlements and NSSTA’s 2012 Mission

NSSTA stands for National Structured Settlements Trade Association - the largest gathering of top professionals in the country taking the a lead in the structured settlement industry. On Ringler Radio, host Larry Cohen welcomes Eric Vaughn, Executive Director of National Structured Settlements Trade Association, to discuss what’s ahead for NSSTA 2012. Eric addresses everything from NSSTA’s Annual Meeting to its Take the Hill initiative with Congress, and the steps individuals of retirement age should take to ensure a better financial future.

Click the link to see a video snippet of the podcast.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/03/structured-settlements-and-nsstas-2012-mission/

attorney law attorney lawyer attorneys bankruptcy attorney bankruptcy lawyer

Tuesday, May 28, 2013

Panel recommends censure, suspension for Perez

Judge Perez

A hearing panel for the Board of Judicial Standards has recommended that Tax Court Judge George Perez be censured and suspended without pay for nine months for infractions of Minn. Stat. 271.20, requiring that cases be decided within three months of submission. The panel also recommended that he be barred from ever serving again as chief judge, that he limit his participation in bar association activities and that he regularly report the status of his outstanding decisions to the chief judge of the tax court.

Doug Kelley, one of the attorneys for the Board on Judicial Standards, told Minnesota Lawyer that the matter will go to the Supreme Court because the hearing panel is only authorized to issue reprimands, and anything in excess must be approved by the court.

UPDATE:

It is quite clear that the panel got it right on the allegations that Perez shirked cases, made misrepresentations to the board and misused vacation and sick time, said Perez’ attorney, Fred Finch. Perez did not contest that some of the opinions went past the three-month deadline, he added. “We seriously disagree about the sanctions, and they provide no basis for the recommendation about never serving as chief judge and not going to professional conferences. That might not even be constitutional,” Finch said.

The sanctions are too severe and are in excess of what other courts have done and what the Minnesota Supreme Court has done with similar cases, Finch said.

Source: http://minnlawyer.com/minnlawyerblog/2013/05/13/panel-recommends-censure-suspension-for-perez/

defense attorney defense lawyer

Pricing contract lawyers

Are contract lawyers an expense or a fee item?  This issue has been litigated before and, according to my reading, has been resolved in favor of the law firm. The law firm is entitled to engage contract or temporary lawyers for one price and charge the client a higher price. One rationale for this is that the firm can engage lawyers on a short term basis, without a long term commitment, to provide the work for the client that is necessary. When that job or assignment is completed, the law firm can sever the tie with the contract lawyer and retain a lower overhead. Everyone benefits: the lawyer who otherwise would not have been employed; the law firm that can take on additional work and its resulting benefits; and the client whose goals can be met more efficiently and timely.

The issue usually arises from a complaint by an insurance carrier who is responsible for payment of legal fees under a policy of insurance or a creditors’ committee that wants a larger share of available funds and finds the law firm(s) an easy target. Currently, the Citigroup class action legal fees are being challenged by a group called the Center for Class Action Fairness.

The allegations in this case go beyond the assertion that a law firm cannot charge more than it pays for legal talent.  If this were the only issue, the challengers would have no standing; this issue has been resolved and it would be a major reversal of thought for the court to rule otherwise. But, the real issues are whether the engagement agreement mentioned anything about contract lawyers and, if so, what were the terms; what risk did the law firm accept when its fee was based on a contingency (was this a novel area of law or one in which plaintiffs had not been successful before); what was the expertise needed in the matter for which contract lawyers were engaged, and what was the expertise actually engaged; and were the fees charged “reasonable” under all the circumstances.

In this case, the total fees amount to less than 17% of the class action settlement. The court will have to decide whether this was a reasonable fee overall and/or whether each component of the fee requested reasonable. The added risk for any law firm taking on this type of case is that its fee is always reviewed on Monday morning ... the Monday morning quarterback always has a better perspective than does the game-day quarterback. While the large company client can protect itself by hiring the contract lawyers directly, though they could then hardly expect the law firm to oversee that portion of the work product. The client can further protect itself by objecting to paying the legal fee and litigating the fee. But, how does a law firm protect itself against the client (usually someone else speaking in the shoes of the client) so as to avoid an after-the-fact conflict?

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/w0LglhZx0j4/

divorce lawyers download power of attorney dui attorney dui lawyer dumb laws

Chief Justice, Attorney General Get Cool Swag from Foreign Dignitaries

The State Department's Office of Chief of Protocol has provided a list of the goodies federal government officials received from foreign officials in 2011 and 2010.

Source: http://blogs.wsj.com/law/2013/05/23/chief-justice-attorney-general-get-cool-swag-from-foreign-dignitaries/?mod=WSJBlog

dui attorney dui lawyer

The Lost Art of the Online Discussion

For many years, we used email and listservs for private and public discussions. Today, the last thing we want to do is add a high-volume email list to our overloaded email inboxes. Yet, we still have the need for discussions of all kinds. What are good ways to have discussions using technology today? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss today’s options for discussions, how to select the right forum for discussions, and whether we can improve the quality of the discussions we have with others.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/the-lost-art-of-the-online-discussion/

federal attorney financial lawyer find a lawyer find an attorney find attorney

Decision Tree Tools for Litigators

Litigation is costly, unpredictable, and inefficient. This podcast discusses the application of decision tree analysis to help make sense of the uncertainties and challenges associated with litigated cases and claims.

Hear our subject matter experts discuss how to:

Maximize the efficiency of the dispute management process and the involvement of outside counsel
Better quantify, predict, and control litigation exposures and cost
More effectively communicate case risk and strategy to senior management

Source: http://legaltalknetwork.com/podcasts/tech-experts/2013/05/decision-tree-tools-for-litigators

free legal advice free legal aid

The Latest in Court Technology for Paralegals

Find out what’s new in court technology on The Paralegal Voice. Co-hosts Lynne DeVenny and Vicki Voisin join Ted Brooks, the Founder & CEO of Litigation-Tech LLC for his insight on the latest in court technology for paralegals. Ted provides tips for paralegals getting ready for a big trial using extensive technology in the courtroom and explains how paralegals can learn the basics of commonly used trial software. Ted also gives his picks for blogs and online resources for paralegals interested in learning more about courtroom technology.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/02/the-latest-in-court-technology-for-paralegals/

lawyer colleges lawyer directory lawyer fees lawyer firm lawyer malpractice attorneys

Monday, May 27, 2013

Putting the Web to Work for You

Have you ever wanted one action on the Web automatically trigger another action? For example, if you post a tweet, it automatically becomes a LinkedIn or Facebook update or if you star a blog post in Google Reader, it automatically gets added to your Evernote account. IFTTT (If This, Than That) is a web service does exactly that. In this episode of the Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss web automation and IFTTT, how it might make your life a little easier, and the role this type of service might play for the busy lawyer.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/putting-the-web-to-work-for-you/

real estate attorney real estate lawyer

Six Hats: Parallel Thinking for Paralegals

Edward De Bono’s, Six Thinking Hats, also known as parallel thinking, is a fun method used in NALA’s year-long leadership webinars for those involved in state and local affiliated associations. On The Paralegal Voice, co-host Vicki Voisin welcomes Karen G. McGee, ACP, President of NALA, as they spotlight De Bono’s method of thinking and share some important tools paralegals can use to facilitate open discussions in a meeting or work situation.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/04/six-hats-parallel-thinking-for-paralegals/

bankruptcy lawyers best attorney business law business lawyer civil attorney

Shareholder Activism

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 David H. Webber, associate professor of law at BU Law, to talk about his interesting research in the area of shareholder activism and his paper "The Plight of the Individual Investor in Securities Class Actions," which will soon be published in the Northwestern University Law Review. Together they look at the forces that are driving shareholder activism, the Private Securities Litigation Reform Act, corporate governance reform and how to remedy conflicts between institutional and individual investors in class actions.

Source: http://legaltalknetwork.com/podcasts/boston-university-school-of-law/2012/04/shareholder-activism/

common law company law

NSSTA’s Leadership

Whether you are a member or just someone interested in structures, National Structured Settlement Trade Association (NSSTA) is the voice of the industry. Ringler Radio host, Larry Cohen joins colleagues, Randy Dyer, the current President of NSSTA and John Machir, President‑elect of NSSTA, to talk about the bigger issues that are facing the structured settlement industry today and some of the leading items on their agenda for 2012.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/09/nsstas-leadership/

patent lawyer personal injury personal injury attorney personal injury attorneys personal injury lawyer

Sunday, May 26, 2013

Taking Advantage of Apps and Plug-ins

Dennis Kennedy and Tom Mighell enter the realm of apps and plug-ins. Also known as web extensions, browser apps, add-ons, and bookmarklets, these additions to web browsers are made to make your Internet browser experience more efficient. Learn your hosts’ favorite web extensions when browsing for leisure and for work, and how to manage your apps and plug-ins so they don’t slow down your browser speed. The second half of the episode turns toward Internet communication, more specifically, how Twitter users are creating hashtags to express their moods in posts and how this changes the meaning and use of the hashtag.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/05/taking-advantage-of-apps-and-plug-ins

private lawyer pro bono lawyers

The Family That Drinks Together ...

family%20sticking%20together.jpg

Well, yes, the family that drinks together often does get drunk together. And they do stick together too. As reported by timesonline.com (Beaver, PA):

Rochester police said [Jason Dean] Sheets [25] Sheets and John William Moore Jr., 47, also of 300 Jackson St., Apartment 31, were pumping gas at Sheetz on Adams Street on May 1 when they began harassing a young black man in the store. The two men followed the man out of the store and an argument started, police said.
Not cool.
When officers arrested Sheets, he began to struggle, yell and swear at them, the police report said. Once inside the police car, Sheets tried to kick out the windows and slammed his head against the glass partition, police said.
And mom just stood by and ... no?
[Annette Marie] Davis [44], who is Sheets’ mother, became irate during the arrest and also began to struggle with police and kick them in the legs.
Yikes. The charges?
Davis ... is charged with two counts of aggravated assault, and one count each of resisting arrest, disorderly conduct and public drunkenness.
Sheets ... is charged with two counts of aggravated assault, and one count each of resisting arrest, disorderly conduct and public drunkenness.
What about Mr. Moore?
Moore, who was driving the vehicle Sheets and Davis were riding in, was charged with drunken driving.
Here's the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/_CdWQJUdKk4/post_675.html

family law family lawyer federal attorney financial lawyer find a lawyer

Hiring Your First Employee

Hiring your first employee can feel like jumping off a cliff, but in some circumstances it can lead to more efficiency and profits. On The Un-Billable Hour, host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program joins Lee Rosen, founder of the Rosen Law Firm, a North Carolina family law firm, blogger and practice management guru and Attorney Scott Stewart, from The Law Offices of Scott David Stewart out of Arizona, to talk about how to make the first hire a successful hire.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/03/hiring-your-first-employee/

litigation attorney local attorney

Cyber Threats to Law Firms and Businesses: How Do We Defend Ourselves?

Digital Detectives hosts Sharon D. Nelson, Esq. and John W. Simek, president and vice president of Sensei Enterprises, Inc., welcome Stewart Baker of Steptoe & Johnson to discuss the 2013 Verizon Data Breach Report, cybersecurity legislation, and more.

• Stewart Baker has been described by The Washington Post as “one of the most techno-literate lawyers around.” His long list of experience includes serving as the first Assistant Secretary for Policy for the Department of Homeland Security and the General Counsel of the National Security Agency. His current law practice covers homeland security matters, travel and foreign investment regulation, international trade, cybersecurity, and data protection.

Tune in to hear Baker explain the difference between active defense against cyber-defense and vigilantism, the meaning of the Attribution Revolution, and what President Obama Cybersecurity Executive Order means and how it may be amplified by pending legislation.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2013/05/cyber-threats-to-law-firms-and-businesses-how-do-we-defend-ourselves

criminal defense attorney criminal defense attorneys criminal defense lawyer criminal injury lawyers criminal justice lawyer

The U.S. Supreme Court’s Golan v. Holder Decision

On this edition of IP Counsel, host Attorney Peter Lando, partner at the firm of Lando & Anastasi, LLP, welcomes returning guest, Mary Wong, Director of the Franklin Pierce Center for Intellectual Property at the University of New Hampshire School of Law, to discuss the recent U.S. Supreme Court decision in Golan v. Holder. The Golan decision upheld a law that restored copyright protection to foreign works that were once in the public domain and makes clear that Congress has broad discretion with regard to copyright and other intellectual property protection. Peter and Mary discuss the procedural history of the case and the significance of the decision.

Source: http://legaltalknetwork.com/podcasts/ip-counsel/2012/03/the-u-s-supreme-courts-golan-v-holder-decision/

attorney directory attorney fees

Law means a better life, not death

The following note is prompted by the comments of Susan Cartier Liebel of Solo Practice University®  and her post about Kimberly, a young mother who just gave birth to her third child and was a 3L law student at Stetson. She became ill but failed to go to a doctor to address her own health. She was busy with her family and "stuff."

This is for all of you out there whether lawyer or law student, mother or father, who puts
themselves last. You put off going to the doctor for that chronic cough while you rush your child to the pediatrician for a hang nail. You eat your cold dinner out of a jar standing up and talking on the phone while you make sure your child’s meal is hot and she’s seated lest she choke on her food. You do so because ‘you can handle it’. Well, here’s the truth.  You can’t.

You can’t care for your kids or your spouse if you break down physically. You can’t care for your clients if you don’t take time to reinvigorate and refresh.  Remember the airline admonition: Put your air mask on first and then help your child and others around you. None of us are superhuman or immortal. There is nothing more important than your health, no final, no brief, no exam, no trial, no event.  Remember this the next time you get no sleep or ignore that persistent cough or inexplicable pain in your side because ‘you don’t have time’ to slow down. Remember you can break down, too. No machine and certainly no human can work without stop and without repair from time to time.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/sGnvRFt6F24/

lawyer directory lawyer fees lawyer firm lawyer malpractice attorneys lawyer office

Management Shakeup at King & Wood Mallesons

Pacific Rim law firm King & Wood Mallesons has appointed real estate lawyer Sue Kench as managing partner for its Australian arm, capping a management shakeup that emerged earlier this week.

Source: http://blogs.wsj.com/law/2013/05/23/management-shakeup-at-king-wood-mallesons/?mod=WSJBlog

lawyer lawyer colleges

Wait, So You're Telling Me That ATMs Have Cameras?

atm.jpg

It was widely believed that EVERYONE knew ATMs have cameras. Perhaps now, with the arrest of this man, that is indeed the case. As seen at thebrooklynpaper.com:

A man was arrested for attempting to steal money from the same automated teller machine on Bedford Avenue four times between April 4 and May 2 by sticking pliers up the money slot.
Four times! With pliers!
The owner of the building between N. Fourth and N. Fifth streets gave police surveillance video that shows the 31-year-old man trying to get money out of the machine at 2 pm on April 4, 7 pm on April 4, at noon on April 9, and at 2:38 pm on May 2. Each time, he damaged the machine.
The determined suspect was charged with several counts of attempted grand larceny, criminal mischief, possession of burglar’s tools, and attempted petit larceny.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/iCy9Uqjs6aU/post_673.html

employment attorney employment law employment law courses employment lawyer employment lawyer san diego

Saturday, May 25, 2013

Pardon Our 100th Interruption

The Kennedy Mighell Report has reached a milestone: Episode 100! As part of the celebration your hosts will bring you today’s legal technology issues in the format of one of their favorite shows: ESPN’s Pardon the Interruption. Hear how technology can make your business more efficient, highlights from the ABA Tech Show, the future of technology for lawyers, and more

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/04/pardon-our-one-hundredth-interruption

international law international law schools

A Discussion of Post Grant Review

Scott McKeown, partner and co-director of the Post Grant Practice Group at Oblon Spivak, discusses post grant review. Learn more about Mr. McKeown at http://bit.ly/GGUcmu.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/04/a-discussion-of-post-grant-review/

legal aid eugene oregon legal aid society legal counsel legal help legal information

OMG! Lawyers Are Texting?

Twenty years ago, lawyers were debating whether to use email in their practices. It's now impossible to imagine lawyers practicing without using email. Studies indicate that eight trillion text messages were sent in 2011. Will we see texts and IMs becoming as integral to law practice as email has become? In this episode, Dennis Kennedy and Tom Mighell discuss the growing use of texts and IMs by everyone, how these technologies are starting to play a role in the everyday practice of law, and how lawyers should prepare for the use of these technologies in the future. 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/2012/04/omg-lawyers-are-texting/

electronic power of attorney employment attorney

Canada’s Highest Court OKs Judicial Cut and Paste

One of the apparent perks of being a judge, apart from the satisfaction of wielding a gavel, is the ability to copy the work of others without getting in trouble.

Source: http://blogs.wsj.com/law/2013/05/24/canadas-highest-court-oks-judicial-cut-and-paste/?mod=WSJBlog

corporate lawyer criminal attorney criminal defence lawyer criminal defense criminal defense attorney

Turning TECHSHOW Topics into a Technology Agenda

Each Spring, ABA TECHSHOW takes center stage as one of the premier legal technology conferences. While there is great value in attending legal tech conferences, all lawyers can benefit simply by seeing what's on the TECHSHOW agenda. Organizers put a lot of thought into their agendas, so we can all learn where to put our technology focus by seeing what topics these shows cover. Dennis Kennedy and Tom Mighell use TECHSHOW 2012 as an example of how to assess your current technological agenda, talk about the major topics being covered at TECHSHOW, and suggest ways you can use the TECHSHOW topic list to set your technology priorities for 2012. 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/2012/03/turning-techshow-topics-into-a-technology-agenda/

local solicitors mold attorney

Inside Midnight Regulations

Back in June of 2012, the Administrative Conference of the United States approved non-binding "Midnight Rules" guidelines. Midnight rulemaking involves the pushing through of rules by a President, in the last few months of their administration. Host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth, chats with consultant for the Administrative Conference of the United States, Professor Jack M. Beermann, about Midnight Regulations, the new recommendations and the potential impact on current and future administrations.

Source: http://legaltalknetwork.com/podcasts/boston-university-school-of-law/2012/08/inside-midnight-regulations/

divorce attorney divorce lawers divorce lawyer divorce lawyers download power of attorney

Gone Clio with Attorney Bruce Godfrey

Listen as Clio co-founder Jack Newton talks with special guest, Attorney Bruce Godfrey. Bruce covers everything from the similarities between his dad’s fishing tackle artisan shop and running his law practice, to Clio’s intuitive design, to the perks of going with a unified system for your practice.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/06/gone-clio-with-attorney-bruce-godfrey/

power attorney power of attorney

The .05% Solution

It started at .10%. Then it was .08%. Now, the National Transportation Safety Board wants to reduce it to .05% blood alcohol content to create a per se crime of drunk driving.  And it comes with a plethora of ideas, including steering wheels that can tell from perspiration whether the driver has been drinking, or interlock devices that won't allow a car to start until the driver has done some heavy breathing,

The New York Times says it's a good thing.

It is surprising how few drinks can impair a driver’s judgment. A report from the National Transportation Safety Board estimates that alcohol-impaired driving contributes to thousands of deaths and tens of thousands of serious injuries each year. It is right to urge states to reduce that toll by lowering the allowable blood-alcohol concentration for drivers from 0.08 percent to 0.05 percent.
The first sign of a problem is the wiggly word used to make the connection between alcohol and thousands of deaths.  See how they snuck it in there, "contribute"?  Not "cause," because there is no evidence that alcohol was the cause, and indeed there is a ton of evidence to the contrary. The statistics are played by including in the numbers any death where anyone anywhere near a car had any alcohol in them, including the victim, without regard to whether alcohol had anything to do with it.

The second sign is that Mothers Against Drunk Driving, the force behind the reduction from .10% to .08% and the public service announcements, the school groups like SADD, and pretty much every initiative relating to drunk driving, doesn't support this change.

This is shocking. No, worse than shocking.  But MADD isn't just the mothers who have endured a tragedy anymore, but a sophisticated machine. In their zeal to wipe drunk driving from the face of the earth, they realize that this move goes too far.  They have thrived on the support of middle America, using the "do it for the children" argument better than anyone else.  But this move goes beyond the tipping point of acceptability, and that would spell the death of their power and their effort.

The use of a percentage of blood alcohol content as the definition of a crime is a strict liability offense. You don't have to drive dangerously. In fact, you can driver perfectly, but you're still a criminal.  You may not put your own interests ahead of society, but just be a pretty normal, law-abiding, happy person, and still you're a criminal.  You may support the death penalty, make cookies for the DAR bake sale, own an AK, but still you're a criminal.

If the BAC is reduced to .05%, it's going to change a lot of lives, and the people whose lives it changes aren't bad people and aren't going to like it.

The point has been made that if we want to eradicate drunk driving, then it can be done quite easily by making the legal BAC .00%. No drinking, period. Easy. But people aren't going to like that at all. The argument offered to make the .05% BAC more palatable is that it allows some drinking:

The new standard would not bar all alcohol, but would mean giving up a drink or two. A 180-pound man who might be able to drink four beers or glasses of wine in 90 minutes without reaching the 0.08 limit might have to cut back to three to meet the lower standard. A 130-pound woman who could have three drinks in 90 minutes and stay below the current standard might have two drinks instead.
The advocates want to make this change seem as innocuous as possible, rather than controlling the behaviors of others. Not being much of a drinker, it would likely have no impact on me. But for those who enjoy a bottle of wine with dinner, or live out in no-man's-land and whose only entertainment is a dozen beers at the highway honky-tonk, they will become criminals.

And that's the issue. This isn't about advocating for the right to drive drunk, but about the criminalization of things that are done today by the law-abiding.  This isn't about people making a decision to engage in criminal conduct, but about people not knowing whether they're going to be a criminal or not.

There are many consequences of this change, together with the other ideas to prevent people from driving drunk, that aren't being discussed. What happens when the technology of the magic steering wheel fails and cars won't start? What about the person who shares a car with a convicted drunk driver but is constrained to use the interlock device? What about the person with an emergency who needs to get to the hospital but can't get the car to start?  The list goes on for a long time. Use your imagination.

The Bubble Boy agenda, the Utopia where no one is ever harmed, won't happen because of this change. There will still be crashes, because people can't drive worth a damn, and there will still be children who die in crashes. There will be diseases that take the lives of people who don't deserve to die, even though the television informs us that they've cured restless leg syndrome. There will never be that perfect world where no mother has to bury her child. 

Still, anyone who has had too much to drink should not get behind the wheel. You are selfish and foolish, and you have no right to put me or my children at risk because you wanted to have a good time.  But you can do this because you're a human being, not because it's the new crime du jour. And police can, and should, arrest you if you drive recklessly, whether it's because you're drunk or you just drive like crap.

It's hard to argue against something that has become so socially unacceptable as drunk driving. Only a pariah, or a criminal defense lawyer, would be crazy bold enough to speak out against something that saves the lives of children.  But when half of America finds itself branded as a convicted criminal, crying in a lawyer's office that they meant no harm, and caused no harm, it will make more sense.


© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2013/05/18/the-05-solution.aspx?ref=rss

attorney attorney at law attorney definition attorney directory attorney fees

Friday, May 24, 2013

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/

statutory law stupid laws

OPINION: Prosecutors Help with Exonerations

Law enforcement personnel initiated or cooperated in a record high number of them in 2012.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202600580133&rss=rss_nlj

probate attorney real estate attorney real estate lawyer solicitor solicitors

The iPad Practice

Do you use an iPad in your legal practice? On The Un-Billable Hour, host Attorney Rodney Dowell, chats with Tom Mighell, the author of three books about the use of iPads, iPad in One Hour For Lawyers, iPad Apps in One Hour For Lawyers, and soon to be released, iPad in One Hour for Litigators, about the explosive growth of the use of iPads in the legal profession, and Tom’s favorite productivity and entertainment apps for the legal iPad.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/08/the-ipad-practice/

power of attorny private attorney

Summer Vacation Technology

Summer and vacation seasons are approaching. Some prefer to completely disconnect on vacation, while others like to stay connected. Work aside, those who choose to stay connected can use technology to make their trips more manageable and stress free with travel apps, adapters, and travel-friendly cameras. In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the intersection of technology and vacation, whether to connect or disconnect while traveling, and some of their favorite vacation and travel tech tips. In the second half of the show, your hosts will cover the accelerated speed of cloud-based interface updates and how to keep up.

Special thanks to our sponsor, Transporter.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/05/summer-vacation-technology

personal injury attorneys personal injury lawyer personal injury lawyers power attorney power of attorney

Does your insurance policy cover contract lawyers?

This issue has arisen in a number of conversations with clients.

Why would you engage a contract lawyer?  For one of several reasons: (i) even out the work flow; ii) engage expertise you don’t possess at the moment; (iii)  gain time to observe the quality of work of a potential hire; and (iv) determine if you have enough work in the long term to hire a permanent employee.

Once you hire a contract lawyer, whether for a designated number of hours or a specific project, do you know whether that lawyer is covered under your errors and omissions insurance policy? Often, policies are written to include all the attorneys you hire after your policy commencement date up to the end of that policy term period. Then, your premium is based for the following year on the higher number of lawyers now on staff.

But, the question remains, are you covered for what is, in essence, a part-time employee. Check with your broker; read your policy. Make sure you know the answer. Many lawyers require that their contract lawyers specifically name them on their policies with an endorsement. Of course, remember that most policies are claims-made policies, not occurrence policies. So, your policy must be written in such a way as to cover negligence asserted in the current period though the alleged negligence was committed by your contract lawyer in an earlier period and is no longer present. Ask. Be sure.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/pNwbjAE0HIw/

attorney at law attorney definition

Are Law Schools Neglecting Half of the Brain?

A law professor thinks that the theory v. practice debate over legal teaching needs to be reframed.

Source: http://blogs.wsj.com/law/2013/05/21/are-law-schools-neglecting-half-of-the-brain/?mod=WSJBlog

bankruptcy attorney bankruptcy lawyer bankruptcy lawyers best attorney business law

Thursday, May 23, 2013

Government Attacks Standard & Poor's 'Puffery' Defense

Standard & Poor's Financial Services was aware that ratings it presented as objective and independent in fact were false and misleading and that the values it attached to the securities at issue were inflated, Justice Department lawyers argued this week.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202601283137&rss=rss_nlj

federal attorney financial lawyer

DOJ: Law Prohibits Florida From Issuing Law License To Undocumented Immigrant

The Justice Department has told Florida justices that federal law bans the state from giving a law license to an undocumented immigrant.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.dailybusinessreview.com/PubArticleDBR.jsp?id=1202601295900&rss=newswire

legal aid society legal counsel legal help legal information legal news

The Best Paralegal Law Technology Trends

Paralegals need to know the latest trends in law practice and productivity technology to contribute to a successful law practice. For the hottest tech trends, Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin turn to Jared D. Correia, Esq., the Senior Practice Advisor for Massachusetts’ Law Office Management Assistance Program (MASSLOMAP). Jared shares his thoughts on everything from law practice management software, to cloud-based solutions and document management, to remote access and the benefits of social media. A big fan of legal support staffers, he explains why they are a key part of the legal team. This podcast is a must-listen for both paralegals and attorneys!

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/05/the-best-paralegal-law-technology-trends/

attorney definition attorney directory

Appeal Filed by Lawyers Sanctioned Over Porn Lawsuits

Lawyers under sanction for fraudulently filing dozens of copyright infringement lawsuits against people accused of downloading pornographic films have filed an appeal, as the attorneys who represented them before the sanctioning judge have disappeared from the case.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202601101607&rss=rss_nlj

defense lawyer discrimination lawyers district attorney divorce atterney divorce attorney

Wednesday, May 22, 2013

Actos Litigation

The Type II Diabetes drug, Actos has received a black box label, has had a label change warning of a 40% increase in the risk for bladder cancer, and has been banned in France and Germany. Yet, Actos still remains on the market in the United States. Ringler Radio, host Larry Cohen joins colleague Martin C. Blount and Attorney Michael J. Miller, from The Miller Firm LLC, to discuss the side effects of the diabetes medication Actos, including its connection to bladder cancer, reaction of the FDA, and recent litigation.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/05/actos-litigation/

legal aid eugene oregon legal aid society

Gone Clio with Attorney Joe Bahgat

Listen as Clio co-founder Jack Newton talks with special guest, Attorney Joe Bahgat of Bahgat Law LLC. Jack and Joe talk about cost savings through Clio, hiring a virtual assistant, tools to help you stay organized and the capabilities of Clio’s document management and Clio Connect features.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/05/gone-clio-with-attorney-joe-bahgat/

personal injury attorneys personal injury lawyer personal injury lawyers power attorney power of attorney

Taking Advantage of Apps and Plug-ins

Dennis Kennedy and Tom Mighell enter the realm of apps and plug-ins. Also known as web extensions, browser apps, add-ons, and bookmarklets, these additions to web browsers are made to make your Internet browser experience more efficient. Learn your hosts’ favorite web extensions when browsing for leisure and for work, and how to manage your apps and plug-ins so they don’t slow down your browser speed. The second half of the episode turns toward Internet communication, more specifically, how Twitter users are creating hashtags to express their moods in posts and how this changes the meaning and use of the hashtag.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/05/taking-advantage-of-apps-and-plug-ins

free legal advice free legal aid