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Thursday, February 28, 2013
Inside BU Law’s Housing, Employment, Family and Disability Clinic
Law students who participate in the Civil Litigation Program's Housing, Employment, Family and Disability Clinic work for credit under the supervision of four full-time BU clinical faculty. They can represent anyone from tenants in eviction defenses in housing court, to parties in divorces in probate court. Host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth, sits down with Professor Robert G. Burdick, director of the Civil Law Clinical Program, to talk about how the clinic works, and the real life training that students gain by participating in this clinic.
One-minute phone call didn’t warrant discipline
The Supreme Court of Virginia has reversed a disciplinary finding against a lawyer who fielded a 60-second phone call from the opposing party in a medical-malpractice case.
Fairfax lawyer Heather Ellison Zaug took a phone call from a plaintiff, who initially said that a deposition in the case needed to be stopped. As Zaug talked to the woman, she realized it was the opposing party, according to the opinion in Zaug v. Virginia State Bar, handed down this morning. She told the woman that she could not help her and that she needed to contact her lawyer. The entire transaction took about a minute.
The opposing lawyer filed a disciplinary complaint, based on the rule that prohibits contact with a represented party. A district committee heard the complaint and rendered the latest possible disciplinary finding – a dismissal de minimus. Zaug appealed to a three-judge panel that upheld that discipline.
The Supreme Court reversed, finding on the “specific and narrow facts” of the case, that no violation of the rule occurred.
Justice William C. Mims noted that lawyers swear an oath to act “professionally and courteously.”
He added, “The Rule does not require attorneys to be discourteous or impolite” when they disengage from an unsolicited conversation such as this one.
- Paul Fletcher
Source: http://valawyersweekly.com/vlwblog/2013/02/28/one-minute-phone-didnt-warrant-discipline/
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Federal appeals court rules anti-whaling group modern-day 'pirates'
[JURIST] The US Court of Appeals for the Ninth Circuit [official website] ruled [opinion, PDF] Monday that the US-based anti-whaling group Sea Shepherd Conservation Society (SSCS) [advocacy website] are modern-day pirates, clearing the path for Japanese whalers to pursue legal action against them. The decision overturns a lower court ruling which found against whalers Institute of Cetacean Research (ICR) [advocacy website], who claim that SSCS and its founder Paul Watson are preventing them from engaging in what they say is...
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.
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Sidley Austin Looks to Riverbed to Build a Broader Network
Sidley Austin had a legacy network connecting its 17 offices in the U.S., Asia and Europe, resulting in slow data transfers and limiting the firm's ability to centralize IT resources. To create better connectivity between offices, the firm upgraded its network with Riverbed appliances.
Source: http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202473966828&rss=rss_ltn
Inside Ringler Medicare Solutions
Medicare and Medicaid compliance when it comes to legal settlement claims can be complicated. This is an area especially critical to claimants, attorneys and insurers and expertise is needed. In this podcast, Ringler Radio host Larry Cohen joins Tom Blackwell, Vice President and Program Director of Ringler Medicare Solutions, Inc. (RMS), as they take a look at RMS’ long-term development plan, how RMS can help with the administration of workers’ compensation claims, liability claims and in claim settlement strategies and the impact of the Strengthening Medicare and Repaying Taxpayers Act (SMART) on the structured settlement industry.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/02/inside-ringler-medicare-solutions/
Wednesday, February 27, 2013
In-Vitro Fertilization, Custody Rights and Family Law
A Massachusetts court orders a man to pay child support for twin girls, born through In-vitro fertilization and with donor sperm and eggs, even though he was estranged from his wife at the time of conception. Is this fair? With the rise in IVF treatments, there are more and more cases across the country with complicated custody matters. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams join Attorney Maureen McBrien from the firm, Todd & Weld LLP and Certified Family Law Specialist and trial attorney Violet P. Woodhouse, to explore the legal issues surrounding in-vitro fertilization, custody rights and family law.
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/
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Force Behind Race-Law Rollback Efforts Talks Voting Rights Case
The head of the conservative Project on Fair Representation has spent years pursuing legal channels to roll back a key section of the 1965 Voting Rights Act. His efforts helped bring the issue before the U.S. Supreme Court, which hears arguments Wednesday.
Deadline Looms for Obama on Gay-Marriage Brief
The Obama administration has until midnight Thursday to decide whether it wants to weigh in on the gay-marriage case from California now at the Supreme Court, and someone’s likely to be disappointed.
Activists want President Barack Obama to put forth a full-throated endorsement of a constitutional right for gays to marry, while most conservative Republicans believe California citizens were exercising their rights when they voted in 2008 to ban the practice in the state. . . . .
Activists want President Barack Obama to put forth a full-throated endorsement of a constitutional right for gays to marry, while most conservative Republicans believe California citizens were exercising their rights when they voted in 2008 to ban the practice in the state. . . . .
Source: http://blogs.wsj.com/law/2013/02/27/deadline-looms-for-obama-on-gay-marriage-brief/?mod=WSJBlog
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.
Macy’s CEO: Penney, Martha Stewart Deal Made Me ‘Sick’
- Associated Press
Source: http://blogs.wsj.com/law/2013/02/25/macys-ceo-penney-martha-stewart-deal-made-me-sick/?mod=WSJBlog
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FTC Proposes Amendments To The Hart-Scott-Rodino Rules Regarding Withdrawal Of A Premerger Notification Filing
On February 1, 2013, the Federal Trade Commission (FTC) published a notice of proposed rulemaking in the Federal Register to amend the Rules under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 regarding the withdrawal of a premerger notification filing. The amendments would add a new §803.12 “Withdraw and refile notification,” to the HSR Rules.
When will a party be allowed to voluntarily withdraw a premerger notification?
Under proposed §803.12(a), an acquiring person or, in non-tender offer transactions, either an acquiring or an acquired person may withdraw its premerger notification at any time by notifying the FTC and the Antitrust Division in writing. Doing so will nullify the filing and, if the parties wish to pursue the acquisition at a future date, new notifications will be required.
When will a premerger notification filing be automatically withdrawn under the new rule?
Proposed §803.12(b) provides that a notification will be deemed to have been withdrawn automatically if any filing that publicly announces the expiration, termination or withdrawal of a tender offer or the termination of an agreement or letter of intent is made by the acquiring person or the acquired person with the U.S. Securities and Exchange Commission (“SEC”) under the Securities Exchange Act of 1934. The acquiring person or acquired person must notify the FTC and the Antitrust Division of the SEC filing in writing and the withdrawal is deemed effective as of the date of the SEC filing.
However, the premerger notification will not be automatically withdrawn:
(1) if the initial waiting period has expired without the issuance of a request for additional information or documentary materials (a “second request”) and without an agreement with either the FTC or the Antitrust Division to delay the closing of the transaction (a “timing agreement”); or
(2) if early termination of the waiting period has been granted without a timing agreement; or
(3) if a second request has been issued and the Antitrust Agencies either have granted early termination or have allowed the extended waiting period to expire without a timing agreement.
When will a party be allowed to withdraw and refile a premerger notification?
For years, the FTC has informally permitted an acquiring person to voluntarily withdraw a pending premerger notification and resubmit it within two business days without paying an additional filing fee in order to restart the waiting period. This benefits the filing parties by providing an additional waiting period for the Antitrust Agencies to review the transaction without issuing a second request. Through new §803.12(c), the FTC proposes to formalize this procedure.
Under proposed §803.12(c), the acquiring person may use the procedure only once and only under the following circumstances:
(i) the proposed acquisition has not changed in any material way;
(ii) the resubmitted filing must be recertified and Item 4 of the Form must be updated;
(iii) a new affidavit must be executed; and
(iv) the resubmitted notification is refiled prior to the close of the second business day after withdrawal.
In connection with the new §803.12(c) rule, the FTC also proposes to add a new §803.9(f), which will provide that no additional filing fee will be required for a transaction subject to the provisions of new §803.12(c).
The FTC notice regarding the new rules is subject to public comment until April 15, 2013.
What if you have questions?
For any questions or for more information on these or any related matters, please contact Bob Magielnicki (202-218-0002, rmagielnicki@sheppardmullin.com) or Malika Levarlet (202-772-5331, mlevarlet@sheppardmullin.com) of the firm’s corporate practice group. A list of the attorneys in the corporate practice group can be found by clicking Lawyers on this page.
Disclaimer
This update has been prepared by Sheppard, Mullin, Richter & Hampton LLP for informational purposes only and does not constitute advertising, a solicitation, or legal advice, is not promised or guaranteed to be correct or complete and may or may not reflect the most current legal developments. Sheppard, Mullin, Richter & Hampton LLP expressly disclaims all liability in respect to actions taken or not taken based on the contents of this update.
UN rights chief: international community must continue to prevent abuses
[JURIST] UN High Commissioner for Human Rights [official website] Navi Pillay [official profile] on Monday urged that the international community must continue to prevent human rights abuses [press release] and hold perpetrators accountable. Speaking at the opening of the 22nd session of the Human Rights Council in Geneva [UN News Centre report], Pillay specifically mentioned the ongoing situations in Rwanda, Bosnia and Herzegovina, Palestine, Iraq, Sri Lanka, Afghanistan, Democratic Republic of Congo, Mali, Sudan and Syria. Pillay stated that although...
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Tuesday, February 26, 2013
What’s Trending in 2012?
Decriminalizing medical marijuana, fighting to repeal healthcare reform and using social media as evidence are just a few of the topics trending in the legal industry in 2012. Lawyer2Lawyer co-host and attorney, J. Craig Williams discusses the hottest trends currently transforming the legal world with attorney and legal trend-watcher Danny Cevallos, the founding partner of Cevallos & Wong, L.L.P.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/01/what%E2%80%99s-trending-in-2012/
Tenth Circuit finds no Second Amendment right to concealed weapons
[JURIST] The US Court of Appeals for the Tenth Circuit [official website] ruled [opinion, PDF] Friday that permits to carry concealed weapons are not protected by the Second Amendment [text]. The case involved a Washington state resident who filed a lawsuit against Denver and Colorado's Department of Public Safety [official website]. He was denied a concealed weapons permit since he was not a Colorado resident, and he claimed it violated his Second Amendment rights. A federal judge dismissed his case...
Inside Ringler Medicare Solutions
Medicare and Medicaid compliance when it comes to legal settlement claims can be complicated. This is an area especially critical to claimants, attorneys and insurers and expertise is needed. In this podcast, Ringler Radio host Larry Cohen joins Tom Blackwell, Vice President and Program Director of Ringler Medicare Solutions, Inc. (RMS), as they take a look at RMS’ long-term development plan, how RMS can help with the administration of workers’ compensation claims, liability claims and in claim settlement strategies and the impact of the Strengthening Medicare and Repaying Taxpayers Act (SMART) on the structured settlement industry.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/02/inside-ringler-medicare-solutions/
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Focus on Privacy: The Facebook Internet Tracking Case
Back in May of 2012, Facebook was sued for $15 billion for improperly tracking users even after they logged off the social network. Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc.,and John W. Simek, Vice President of Sensei Enterprises, join Attorney David Straite, partner at Stewarts Law U.S. LLP, Head of Investor Protection Litigation and co-lead counsel in the Facebook Internet Tracking Case, to discuss the main issues of this case including: digital privacy litigation, the current statutory and common law involved in this case, calculation of damages and the future of digital privacy rights.
The Path to Becoming a Solo Practitioner
New Solo host and solo practitioner, Attorney Kyle R. Guelcher, spotlights solo attorney Carl Irace and his path to becoming a successful solo practitioner. Carl discusses his career as an Assistant District Attorney in New York City and explains the challenges of moving from the public to the private sector. Carl also gives tips for marketing solo practices in small markets.
Source: http://legaltalknetwork.com/podcasts/new-solo/2012/06/the-path-to-becoming-a-solo-practitioner/
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Candidate sought for Judge Smith’s seat in 9th District
Applications are now being accepted for a vacancy on the bench in the 9th Judicial District. A seat is vacant because Judge John Smith has been appointed to the Court of Appeals. The position is chambered in Walker in Cass County.
The following qualities will be considered for judicial office: integrity, maturity, health (if job related), judicial temperament, legal knowledge, ability, experience, and community service.
An individual wishing to apply may request an application by writing to Lee E. Sheehy, Chair of the Commission on Judicial Selection, at 130 State Capitol, 75 Rev. Dr. Martin Luther King, Jr. Blvd, Saint Paul, MN 55155, or by contacting Andrew Olson, Appointments Coordinator, via e-mail at andrew.c.olson@state.mn.us. A cover letter and resume should also be submitted with the application. Application materials are due by close of business, Monday, February 25, 2013. Interviews are scheduled to be held on Tuesday, March 12, 2013, at the Crow Wing County Courthouse in Brainerd, Minnesota.
For inquiries concerning the application process, please contact Andrew Olson at andrew.c.olson@state.mn.us or at (651) 201-3413.
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Monday, February 25, 2013
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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Legal Talk Network Live at LegalTechNY 2012-Onit’s Eric Elman Spotlights Onit Apps
Eric Elfman spotlights "Onit Apps" for the legal marketplace which solve very specific problems for legal departments. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.
NLRB's recent significant decisions
The NLRB this week made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. The Board continues with three members, Chairman Mark Gaston Pearce and Members Richard F. Griffin, Jr. and Sharon Block.
The decisions touch on a variety of issues including social media postings, charter school jurisdiction, backpay awards, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a contract.
Hispanics United of Buffalo
The Board found that the employer unlawfully fired five employees because of their Facebook posts and comments about a coworker who intended to complain to management about their work performance. In its analysis, the Board majority applied settled Board law to the new world of social media, finding that the Facebook conversation was concerted activity and was protected by the National Labor Relations Act. Member Hayes dissented.
Alan Ritchey, Inc.
In a unanimous decision that resolved the last of the two-member cases returned following the 2010 Supreme Court decision in New Process Steel, the Board found that where there is no collectively-bargained grievance-arbitration system in place, employers generally must give the union notice and an opportunity to bargain before imposing discipline such as a discharge or suspension on employees. Member Hayes was recused.
Latino Express
In a decision that will affect most cases in which backpay is awarded, the Board decided to require respondents to compensate employees for any extra taxes they have to pay as a result of receiving the backpay in a lump sum. The Board will also require an employer ordered to pay back wages to file with the Social Security Administration a report allocating the back wages to the years in which they were or would have been earned. The Board requested briefs in this case in July 2012. Member Hayes did not participate in the case.
Chicago Mathematics & Science Academy
Rejecting the position of a teachers’ union, the Board found that it had jurisdiction over an Illinois non-profit corporation that operates a public charter school in Chicago. The non-profit was not the sort of government entity exempt from the National Labor Relations Act, the Board majority concluded, and there was no reason for the Board to decline jurisdiction. Member Hayes dissented in part.
United Nurses & Allied Professionals (Kent Hospital)
The Board, with Member Hayes dissenting, addressed several issues involving the rights of nonmember dues objectors under the Supreme Court’s Beck decision. On the main issue, the majority held that, like all other union expenses, lobbying expenses are chargeable to objectors, to the extent that they are germane to collective bargaining, contract administration, or grievance adjustment. The Board invited further briefing from interested parties on the how it should define and apply the germaneness standard in the context of lobbying activities.
WKYC-TV, Gannet Co.
Applying the general rule against unilateral employer changes in terms and conditions of employment, the Board found that an employer’s obligation to collect union dues under a check-off agreement will continue after the contract expires and before a bargaining impasse occurs or a new contract is reached. Member Hayes dissented.
Source: http://www.lawmemo.com/blog/2012/12/nlrbs_recent_si.html
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Mark Dorman on Mobile Computing
Wolters Kluwer's Mark Dorman discusses the trend of "Bring Your Own Device" and the technology solutions available to attorneys for seamless mobile computing.
Assembly trims judge funding plans
The budget approved by the General Assembly Saturday provides money for unfreezing only five extra judgeships, in additional to the 15 proposed in the Gov. Bob McDonnell’s proposal.
Earlier this month, the House and Senate introduced budget plans that were far more generous to the judiciary. The House proposed filling an extra 17 judgeships and the Senate plan offered 11 more hires than the governor’s budget.
Under the budget passed Saturday, Fairfax County, Loudoun County and Virginia Beach each would get to fill one circuit court vacancy. Arlington County would be eligible for a new general district judge, and Martinsville and nearby counties could get a replacement juvenile and domestic relations judge.
Funding for those positions is in addition to the money for 15 judgeships in the governor’s proposed budget amendments.
The fact that a caseload study remains ongoing may have contributed to the reduced funding for judges, said Hugh Fain, president of the Virginia Bar Association, which lobbied for judicial funding.
Filling only 20 vacancies out of 48 is “very disappointing and will continue to strain our court system in 2013,” Fain said in an email.
The Assembly will likely elect judges to fill some or all of the funded vacancies when it returns for its “veto session” in April.
Source: http://valawyersweekly.com/vlwblog/2013/02/24/assembly-trims-judge-funding-plans/
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Blood Crime
So you're in Maricopa County, driving along, just fine, and the cops pull you over. Busted. Via Reason:
© 2012 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.
An Arizona appeals court has ruled that motorists don’t actually have to be under the influence to be prosecuted for driving under the influence.
Via the Associated Press:
An appeals court has issued a ruling that upholds the right of authorities to prosecute pot smokers in Arizona for driving under the influence even when there is no evidence that they are actually high.
Ironically, while the law is facially absurd, the ruling of the Arizona Court of Appeals is completely logical.
The crime isn't driving while intoxicated. The crime is driving while having a metabolite in one's blood, even though the metabolite bears no connection to being under the influence or inability to drive safely.Our legislature has determined it is unlawful for a person to drive a vehicle while there is any drug, as defined in A.R.S. § 13-3401 (2012), or "its metabolite" in the person’s body. A.R.S. § 28-1381(A)(3). This statutory prohibition "was enacted as part of Arizona’s comprehensive law regulating drivers under the influence of intoxicating liquor or drugs ("DUI") and designed to protect the public by reducing the terrible toll of life and limb on our roads."
The metabolite was a remnant of old marijuana use, possibly up to four weeks prior, and itself bore no connection to being high or compromising ability. In other words, having the metabolite in one's blood meant nothing when it came to being fully able to drive safely. What it did mean, however, was that sometime in the prior four weeks you smoked pot.
In Phillips, the defendant challenged the facial validity of A.R.S. § 28-692(A)(3) (1994) (now § 28-1381(A)(3)), arguing it was unconstitutionally vague and overbroad. 178 Ariz. at 370, 873 P.2d at 708. We disagreed, noting that the legislature intended to create a "per se prohibition" and a "flat ban on driving with any proscribed drugs in one’s system." Id. at 372, 873 P.2d at 710 (emphasis added). We determined that the legislative ban extends to all substances, whether capable of causing impairment or not.
Crazy as the outcome may seem, it is the logical outcome if one separates the law from its true purpose. As the court of appeals held, the law imposed a "flat ban on driving" after one smoked pot, even if it was long out of one's system but for the metabolite it left behind.
The question is whether this is the crime the legislature intended to create, or rather somebody, in their zeal to not let anyone escape conviction by arguing that the evidence of drug use was merely a metabolite rather than the active chemical, crafted a law the criminalized something well beyond what any rational law would demand.
In other words, the outcome of the law is ridiculous, but the problem isn't that the court interpreted the law wrong, but it was just a bad law. In Arizona. Who would have guessed?
At the same time, the Court of Appeals wasn't constrained to reach this decision, separating the purpose of the from its effect. Due process and equal protection analysis would have allowed the court to reject slavish adherence to strict construction of the legislative language by holding that a law that criminalizes conduct that is distinct from the evil the legislature sought to cure is overbroad and vague.
Did the Arizona legislature really mean to create a punishment for all people who have a nonactive pot metabolite in their bloodstream without regard to their ability to safely drive a car? The language could be read that way, but the justification for the conduct being criminal, living in a post-pot stage for whatever period of time it takes for a metabolite to dissipate from the blood stream, is the protection of lives on the road. Does it do that? Nah.
Perhaps the court was trying to embarrass the legislature into crafting better laws by making such an absurd ruling. Perhaps they hate pot smokers so much that they want to criminalize their very existence, without regard to whether they present any risk of harm to anyone. This is Arizona, the land of crazy law and wild courts, so who knows?
And yet, driving sober in Arizona without four weeks of smoking pot is a crime. Guide yourself accordingly.
H/T FritzMuffKnuckle
© 2012 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/2013/02/25/blood-crime.aspx?ref=rss
So, Does That Mean The Wedding Is Off?
On Valentine's Day, this is how you treat your fiancee? The Juice hopes they did not put any wedding-related deposits down. From The Union Leader:
Gary Cormier, 41, of 515 Hall St., is accused of first threatening his fiancee on Valentine's Day and, after being released on bail, stalking her.Yikes.
Cormier is accused of jumping out in front of the woman's vehicle on Hall Street and pounding on the hood and when she put the vehicle in reverse, opening the door and trying to pull her out, scaring her.
After his release on bail, he is accused of returning to the Hall Street address. Police prosecutors then filed a motion to revoke Cormier's bail on the first charge. "Because I went home," Cormier said.
Cormier will be held without bail until a hearing Tuesday in Circuit Court, Manchester District Division.To Mr. Cormier's credit ...
At his arraignment Friday in Circuit Court, Cormier said: "I'd like to pleady guilty and get it over with." Told each charge carries a sentence of up to one year, Cormier said: "If I go to jail for a year, I go to jail."To the judge's credit ...
The judge refused to accept a guilty plea, telling Cormier he needs to talk to a lawyer. Cormier agreed and trial was set for March 21.You'll find the source here.
The Juice is a personal injury lawyer, practicing in Maryland, Washington, DC, and Virginia.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/YCKwSn9LVwA/post_601.html
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Australia judge rejects challenge to same-sex marriage ban
[JURIST] An Australian judge ruled [judgment] Thursday that the nation's ban on same-sex marriage [JURIST news archive] does not amount to gender discrimination, dismissing a challenge to the law. The ruling upholds the decision of the Australian Human Rights Commission (AHRC) [official website] to terminate the complaint of sex discrimination under the Sex Discrimination Act of 1984 [text] on the grounds that it was "misconceived and/or lacking in substance." Justice Jayne Jagot of the Federal Court of Australia [official website]...
Source: http://jurist.org/paperchase/2013/02/australia-judge-rejects-challenge-to-same-sex-marriage-ban.php
Sunday, February 24, 2013
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.
Source: http://www.lawmemo.com/blog/2012/06/midyear_union_d.html
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Law Firms Go Mobile
There’s no doubt the net is going more and more mobile. In fact, Facebook recently revealed about half of its 800 million users access their accounts through their smartphones. So what are the implications of this move to mobile for the standard law firm website? In this episode, Dennis Kennedy and Tom Mighell discuss the impact of mobile devices on web design, the web design movement known as Mobile First, and what you can do to optimize your website for the mobile era. 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/law-firms-go-mobile/
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Civil Penalties At Stake In Trial Against BP
A massive civil lawsuit over liability for the worst oil disaster in U.S. history goes to trial next week in New Orleans. The U.S. Justice Department and Gulf states say BP was grossly negligent and put profits over safety, leading to the 2010 explosion of the Deepwater Horizon. Eleven rig workers were killed. Settlement talks have continued but states say they are pushing for a trial to make sure BP is held accountable and pays to restore the Gulf Coast environment and economy.
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Source: http://www.npr.org/2013/02/20/172470389/civil-penalties-at-stake-in-bps-trial?ft=1&f=1070
Act Two: Legal Tech Pioneers Return to Compete in Legal Tech Market
On Law Technology Now, host and Law Technology News magazine editor-in-chief, Monica Bay joins William Bice, co-founder and chair of LiquidPractice, and Graham Smith, founder and CEO of Opus 2 International, to talk about Law Technology News’ April cover story, "Act Two." Bice and Smith explain why they decided to return to the legal technology community after selling ProLaw and LiveNote to an industry giant.
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Student Loan Management for Lawyers
Stressed about your student loans from law school? On The Legal ToolKit, host Jared Correia, Law Practice Management Advisor with Mass. LOMAP, joins Heather Jarvis, student loan expert and former capital defense attorney, to discuss student loan management. Heather offers her insight on consolidation, Public Service Loan Forgiveness, Income Based Repayment and how lawyers can reduce, or better manage their payments.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/01/student-loan-management-for-lawyers/
Wisconsin public employee collective bargaining statute amendments declared unconstitutional
A teachers' union sought declarative and injunctive relief against the governor, claiming that statutory amendments dealing with municipal employees' collective bargaining rights and payroll deductions of dues and pension contributions were unconstitutional.
The trial court declared the statute unconstitutional. Madison Teachers v. Walker (Wisconsin Circuit Ct 09/14/2012)
(1) Certain portions of the statute violated the free speech clauses of the Wisconsin and US constitutions. Although there is no constitutional right to collective bargaining, the statute imposes burdens on the speech and associational rights of employees represented by unions which burdens are not imposed on other employees. They cannot negotiate wage increases greater than the cost of living, they cannot pay dues by payroll deductions solely because the dues go to labor organizations. A ban on fair share agreements means that union members bear the cost of bargaining for non-members who receive the befits of bargaining. Requiring unions to be recertified annually burdens members with the full costs of the election.
(2) The trial court applied strict scrutiny to the equal protection claims because of the infringement on speech rights. The statute creates two classes of employees (represented and non-represented), and the defendants "offer no defense of the statute that would survive strict scrutiny."
(3) Certain portions of the statute violated the Wisconsin constitution's home rule amendment, violated the constitutional bar on impairment of contracts, and deprived employees of property without due process.
Source: http://www.lawmemo.com/blog/2012/09/wisconsin_publi.html
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Saturday, February 23, 2013
Why Go with a Structured Settlement?
After an individual suffers a severe injury and a settlement is reached, he or she is left with the option of either taking a lump sum of cash, or a structured settlement. Today on Ringler Radio, Larry Cohen joins co-host and colleague, Keith Christie, to get a lawyer's perspective from Attorney Trey Haik from the law firm of Haik, Minvielle & Grubbs, on the benefits of the structured settlement and how a structure can financially support clients and their families for years to come.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/08/why-go-with-a-structured-settlement/
Firm and two of its lawyers must pay $200K over frivolous patent case
A federal judge has slapped a firm and two partners with more than $200,000 in sanctions for filing a frivolous patent case, opposing a sanctions ruling and wasting the court's time. The judge wrote that "the decision to seek reconsideration of the ... sanctions motion caused this court to waste even more time" and the opposing party "to waste even more money, than had already been wasted in supervising and defending against" the suit.
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The LinkedIn Lawyer
Are you on LinkedIn? 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 chats with Dennis Kennedy, lawyer and co-host of The Kennedy-Mighell Report and Allison Shields, author of Legal Ease Blog, about their recently published book, LinkedIn in One Hour for Lawyers. Dennis and Allison talk about how attorneys are using LinkedIn, and the key features that make LinkedIn a valuable networking and client development tool without consuming all of an attorney’s time.
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/06/the-linkedin-lawyer/
Legal Talk Network Live at LegalTechNY 2012- True Grit: E-Discovery in Big Law Firms
Monica Bay, Editor-in-chief of Law Technology News, discusses this month’s cover story, True Grit. The story dives into the intricacies of how big law firms treat E-discovery, and the surprising gray area surrounding it. Be sure to watch the interview , hosted by Legal Talk Network producer, Kate Kenney.
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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.
Arkansas legislature approves bill banning abortions after 20 weeks
[JURIST] The Arkansas House of Representatives [official website] on Thursday voted 80-10 in favor of a bill [HB 1037, PDF] that would ban all abortions after 20 weeks of pregnancy except in cases of rape, incest or to save the mother's life. The bill, commonly referred to as The Pain Capable Unborn Child Protection Act, was approved [JURIST report] in a 25-7 vote by the Arkansas Senate [official website] earlier this week. The House of Representatives previously approved [JURIST report]...
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.
Backseat passenger charged with DUI after wreck
Bedford County authorities have charged a backseat passenger with driving under the influence based on evidence she grabbed the vehicle’s steering wheel and caused a wreck.
The unusual charge stems from a single-car accident in January where several people were injured, one seriously, according to The Roanoke Times. Other passengers told police Brandi Snow Williams made several attempts to take the wheel before finally grabbing it, causing the wreck, according to court documents.
Williams, 23, is charged both with DUI and reckless driving in the incident. While rare, such charges are not unheard of. The Court of Appeals of Virginia upheld a DUI conviction under similar circumstances in 2003.
“If you’re intoxicated and take control of the wheel, you’re going to be prosecuted for DUI,” assistant commonwealth’s attorney John Wheelock told the paper.
Source: http://valawyersweekly.com/vlwblog/2013/02/22/passenger-charged-with-dui-after-wreck/
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Friday, February 22, 2013
The "Pink Collar" Profession: The Male Paralegal's Perspective
Is the paralegal profession a woman’s world? Or is the number of male paralegals on the rise in this female-dominated profession? Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin get the male perspective and some interesting insight from special guests, Carl H. Morrison, II, PP, AACP, a Certified Paralegal at Rhodes Hieronymus and Zachary W. Brewer, CP, a Litigation Paralegal at Hall Estill.
Supreme Court Review of the Health Care Reform Law
Professor Renee Landers and Brendan Abel JD '12 of Suffolk University Law School discuss their recent article entitled, "Supreme Court Review of the Health Care Reform Law." Read the article at http://bit.ly/AdgRI4.
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High Court Rules On Detaining Suspects, Sniffer Dogs
The Supreme Court limited the power of police to detain people who are away from their homes when police conduct a search. Separately, the justices ruled that drug-sniffing dogs don't have to get every sniff right in order for a search to be valid.
IP Intensive Industries: Part One
Professor David L. Lange, Melvin Shimm Professor of Law at Duke University Law School, joins us for our latest Intellectual Property podcast. Learn more about Professor Lange at http://www.law.duke.edu/fac/lange.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/ip-intensive-industries-part-one/
Tony Coelho: Fighting for the Disabled
On Ringler Radio, host Larry Cohen welcomes colleague Cindy Chanley, and returning guest, Tony Coelho, the past chair and member of the board of the American Association of People with Disabilities (AAPD) and the interim President and CEO of the Epilepsy Foundation, to share his personal journey and his ongoing fight for people living with disabilities. Tony shares his thoughts on health care, how structured settlements have benefited a person with disabilities, in addition to the AAPD’s mission for 2012 and his work with the Epilepsy Foundation.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/04/tony-coelho-fighting-for-the-disabled/
The "Pink Collar" Profession: The Male Paralegal's Perspective
Is the paralegal profession a woman’s world? Or is the number of male paralegals on the rise in this female-dominated profession? Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin get the male perspective and some interesting insight from special guests, Carl H. Morrison, II, PP, AACP, a Certified Paralegal at Rhodes Hieronymus and Zachary W. Brewer, CP, a Litigation Paralegal at Hall Estill.
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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.
Thursday, February 21, 2013
Turn Your Solo Practice into a Highly Utilized Business
Looking to get your solo practice off the ground but aren’t sure how? Learn about the tools you need to turn your solo practice into a highly utilized business when New Solo host and solo practitioner, Attorney Kyle R. Guelcher, talks to Alex Vega ,a law firm consultant with The Vega Firm. Alex shares his great insight on the basic human skills a lawyer needs for a successful practice, how a solo can develop an effective word of mouth campaign and the importance of a realistic marketing plan.
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The Firm Leader – Mastering Difficult Conversations
Attorneys can turn into leaders by successfully engaging others during difficult conversations. Learn more about handling these tough talks, how to prepare and how to get the results you want during these conversations on the Un-Billable Hour with host Attorney Rodney Dowell, the Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program and expert guest Karen MacKay, President of the consultancy Phoenix Legal Inc.
Law Change Makes It Harder To Unlock Cellphones
A copyright ruling from the Library of Congress covers whether people may buy a phone from one carrier and then use it with another. A recent change makes it illegal to unlock a phone, or untie it from the original carrier, without permission. But some people are petitioning the White House to undo that change.
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5 Vital Components to a Successful Custodian Interview
The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack, looks to two experts from Kroll Ontrack’s Discovery Consulting group: David Meadows, Managing Director, and Dave Canfield, Managing Consultant, as they explore the 5 vital components to a successful custodian interview, and how these interviews impact the world of e-discovery. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, highlights the growing influence of social media in e-discovery.
Wednesday, February 20, 2013
Focus on Privacy: The Facebook Internet Tracking Case
Back in May of 2012, Facebook was sued for $15 billion for improperly tracking users even after they logged off the social network. Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc.,and John W. Simek, Vice President of Sensei Enterprises, join Attorney David Straite, partner at Stewarts Law U.S. LLP, Head of Investor Protection Litigation and co-lead counsel in the Facebook Internet Tracking Case, to discuss the main issues of this case including: digital privacy litigation, the current statutory and common law involved in this case, calculation of damages and the future of digital privacy rights.
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Affirmative action ban in state constitution violates US constitution (8-7)
Michigan voters adopted a state constitutional amendment that prohibits "all sex- and race-based preferences in public education, public employment, and public contracting."
The 6th Circuit (8-7) held this provision - as it relates to education - violates the 14th amendment's equal protection clause.
Coalition to Defend Affirmative Action v. Univ of Michigan (6th Cir 11/15/2012)
(Plaintiffs limited their challenge to racial discrimination in public education.)
The court said that a black applicant could seek adoption of a constitutionally permissible race-conscious admissions policy only through the "lengthy, expensive, and arduous process" of amending the state constitution. On the other hand, someone wishing to change any other aspect of a university's admissions policy has four options - lobby the admissions committee, petition the leadership of the university, seek to influence the school's governing board, or initiate a statewide campaign to alter the state's constitution.
"The existence of such a comparative structural burden undermines the Equal Protection Clause's guarantee that all citizens ought to have equal access to the tools of political change."
Seven judges wrote five DISSENTING opinions. Six said that the majority relied on two US Supreme Court cases that "have no application here," and one said that the majority relied on "an extreme extension" of those cases. The cases are Hunter v. Erickson, 393 US 385 (1969), and Washington v. Seattle Sch Dist, 458 US 457 (1982).
Source: http://www.lawmemo.com/blog/2012/11/affirmative_act.html
That’s Why They Call it the Sooner State
If you have a Bugatti Veyron Super Sport, a disregard for posted speed limits, and several hundred extra bucks to spare, you might want to take a spin to Oklahoma.
Source: http://blogs.wsj.com/law/2013/02/19/thats-why-they-call-it-the-sooner-state/?mod=WSJBlog
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Ouch! Lessons Learned from the Morgan Lewis’ Redaction Disaster
Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc.,and John W. Simek, Vice President of Sensei Enterprises, join Christine Musil, the Director of Marketing for Informative Graphics, as they take on the Morgan Lewis’ Redaction Disaster. In that case, Morgan Lewis accidentally filed an exhibit that contained unredacted information, information its client had spent a lot of money to protect from disclosure. Christine explores the most common redaction mistakes, how these mistakes can be avoided and the benefits and pitfalls of electronic redaction vs. the traditional paper-based method.
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.
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