Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202594007440&rss=rss_nlj
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Sunday, March 31, 2013
Judge who was videotaped screaming at litigants is ousted
A West Virginia judge caught on video screaming furiously at litigants has been removed from the bench for the duration of his term.
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.
Boston founder's defamation claims thrown out of court
A Massachusetts trial judge threw out Boston rock band founder Donald Scholz's defamation case against the Boston Herald and two columnists over articles that allegedly linked him to former band mate Brad Delp's suicide.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202594008742&rss=rss_nlj
2012 Legal Tech Surveys Say . . .
We hear a lot of stories about lawyers using (and not using) technology. It’s always been difficult to get good data on what is actually happening in the ground. The release of results from two major annual surveys about the use of technology by lawyers gives us some data to assess trends and draw conclusions. In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell take a look at highlights of the 2012 ILTA / Inside Legal Technology Purchase Survey and the 2012 Legal Technology Survey Report from the ABA’s Legal Technology Resource Center, the trends the surveys show, and some practical implications of the survey results.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/10/2012-legal-tech-surveys-say/
Recommendations for a Social, Mobile and Global Legal Profession
The ABA Commission on Ethics 20/20 has released its latest recommendations so that the rules and ethics of the legal profession keep up with the incredible pace of technology. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the details from the ABA Commission’s Chief Reporter, Professor Andrew Perlman, and debate these suggestions with Attorney Bradley Shear.
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Not The Best Way To Dispose Of The Evidence
Come crunch time, I guess we all occasionally make the wrong decision. This would appear to be just such an occasion. As reported by The Naples Daily News:
When caught red handed with a pair of stolen $16 earrings, Naples police say a Golden Gate teen turned to drastic measures to get rid of the evidence — he drank them.How do you drink earrings?
Police say Colburn was caught shoplifting the glamorous $16 jewelry by JCPenney loss prevention officer Leonardo D. Gonzalez just after 1 p.m. on Saturday. Gonzalez watched as Colburn selected a pair of earrings from the jewelry department, took them out of the box and placed them into a bottle of vitamin water, police said.
Colburn then left the store without paying for the earrings, reports said.
Gonzalez confronted Colburn about the earrings, and began escorting him back to the JCPenney loss prevention office. It was then, police said, that Colburn gulped down the rest of the vitamin water, earrings and all.It's not looking good for Mr. Colburn, but it's still word against word, right? Nope.
When police arrived, Colburn was arrested and transported to NCH Downtown Naples Hospital for an X-ray. On the X-ray image, the earrings were observed inside Colburn, police said.Damn that contraption! To read more (a fair amount), and see the mug shot, click here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/YxaXNOcgHsQ/post_630.html
Gone Clio with Attorney Beate Weiss-Krull
Listen as Clio co-founder and CEO Jack Newton talks with special guest, Beate Weiss-Krull, a general practitioner based in Portland, Oregon. You’ll hear Jack and Beate talk about how #cloudcomputing helps her manage her US and German cases, her switch from PC to Mac, ScanSnap and other #paperless productivity tips.
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/01/gone-clio-with-beate-weiss-krull/
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The Healthy Workplace Bill
Professor Yamada, director of the New Workplace Institute at Suffolk Law, describes the Healthy Workplace Bill, anti-bullying legislation he has written that is the template for bills across the country. Read his blog at newworkplace.wordpress.com.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/the-healthy-workplace-bill/
Saturday, March 30, 2013
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/
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America's First Great Depression: Economic Crisis and Political Disorder after the Panic of 1837
Alasdair Roberts, Suffolk Law's Rappaport Professor of Law and Public Policy, discusses his upcoming book and how it relates to the United States economy today. Learn more about Professor Roberts at http://bit.ly/zTKaZP.
Federal appeals court rules EPA can halt power plant construction
[JURIST] The US Court of Appeals for the Sixth Circuit [official website] ruled [opinion, PDF] Thursday that the Environmental Protection Agency (EPA) [official website] can suspend power plant construction projects before project completion based on evidence that a plant is underestimating the extent to which the project will affect its aggregate pollutant emissions. The Clean Air Act (CAA) [text, PDF] forbids the construction of new sources of air pollution without a permit, but excepts sources already in operation unless the...
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LawBiz® Legal Pad: The Warning Signs of Financial Weakness
How do attorneys know if they're facing financial challenges? Ed talks about the warning signs and discusses solutions for them this week.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/j5cighbx6zg/
The Law and the Liability of Eugenics
For decades, a program called Eugenics gave state boards the right to deem someone "unfit to procreate." The outcome of this was 66,000 Americans were selectively sterilized between the late 1920’s and the 1980’s. Lawyer2Lawyer co-host and attorney J. Craig Williams welcomes Professor Alfred Brophy, from the University of North Carolina School of Law and Attorney James Bowden from Waller Lansden, to discuss this controversial practice, the US Supreme Court’s shocking decision on eugenics and why forced sterilization "is" technically constitutional.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/02/the-law-and-the-liability-of-eugenics/
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Gambling on Sports and the Law
What are the odds that your office NCAA basketball pool for March Madness is illegal? Are you willing to bet that gambling outside of a casino on any sporting event breaks both state and federal laws? So then, why is it a crapshoot that you will be prosecuted under these laws? Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, take a look at America’s gambling legislation with Professor Marc Edelman of Barry University's Dwayne O. Andreas School of Law and Author and Attorney Clay Travis from Counsel On Call.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/03/gambling-on-sports-and-the-law/
Future Law Office: Top Technology Trends Reshaping the Legal Field
In this video podcast of The Robert Half Legal Report, Charles Volkert, executive director of Robert Half Legal, and Robert Ambrogi, co-host of Lawyer2Lawyer on the Legal Talk Network discuss how law firms and corporate legal departments are leveraging technology to improve services and streamline workflow. They share key findings from Future Law Office, Robert Half Legal’s annual research program that examines important developments in the legal profession.
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Friday, March 29, 2013
Will Lawyers Always Be Late Adopters?
Lawyers are known as notorious late adopters of technology. Is that a fair characterization? Of course it is. What makes lawyers so cautious about new technologies? Will lawyers always be late adopters? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss some recent experiences that have reinforced the idea that lawyers are late adopters, the reasons people do and do not adopt new technologies, and practical ways for lawyers to think about moving to new technologies.
Reluctant Justices May Be Forced To Make History
A look back at landmark cases makes clear that the Supreme Court never really knows exactly how its decisions will play out — especially not in the long run. That uncertainty must loom over the justices now as they contemplate the issue of gay marriage.
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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/
Divided Supreme Court voids class certification in Comcast antitrust suit
A divided U.S. Supreme Court on Wednesday ruled for Comcast Corp. in a dispute over the alleged monopolization of the Philadelphia cable television market, overturning an appellate ruling that certified a class of about 2 million existing and former subscribers.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202593809896&rss=rss_nlj
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The Economic Impact of Lawsuits by Patent Trolls
Patent litigation has taken off in recent decades. While many of the most visible patent lawsuits are initiated by major technology companies seeking to gain leverage over competitors, an increasing number are brought by patent trolls—firms that acquire patents with no intention of developing a technology with them, but instead use them to threaten practicing companies with litigation over alleged infringements. 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, joins James E. Bessen, lecturer in law at Boston University School of Law and a faculty associate at the Berkman Center for Internet and Society at Harvard, to talk about his paper, The Private and Social Costs of Patent Trolls. Together they discuss the economic impact of the surge in lawsuits by patent trolls, the potential for legislation to solve this problem, and how the patent war is ultimately affecting innovation.
Lawyer2Lawyer 7th Anniversary
On the longest continually produced legal podcast, Lawyer2Lawyer hosts Bob Ambrogi and J.Craig Williams share their experiences with great guests and insightful legal topics - some serious and some not so serious. And hear a behind the scenes special interview.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/lawyer2lawyer-7th-anniversary/
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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.
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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Thursday, March 28, 2013
Kennedy: Voices of Children With Gay Parents Are Important
The lawyer defending California’s ban on gay marriage before the Supreme Court faced pointed questions from Justice Anthony Kennedy, who suggested there were thousands of California children who want the rights of their same-sex parents protected.
A Radical or Rational SCOTUS Session?
After one of the most historic United States Supreme Court sessions in years, emotions ran high and charges of radicalism ran amuck as the Justices handed down rulings on immigration enforcement, national healthcare, campaign finance law, stolen valor and more. But in the end, did SCOTUS simply uphold the law of the land? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the legal facts behind the decisions from New York University School of Law Professor Roderick Hills, Jr. and Temple University Beasley School of Law Professor Jan Ting.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/a-radical-or-rational-scotus-session/
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Find Now, Read Later
We can find almost anything on the Internet, but retrieving the results at a later date isn’t as easy. Are there ways to “harvest” the web so we can find and read relevant research at a later time? Kennedy-Mighell Report hosts Dennis Kennedy and Tom Mighell, answer this question by sharing ways to save and keep track of web research, the resources for reading web findings later or offline, and whether techniques like capturing a blog post on a Kindle or iPad really help us with the problem of information overload.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/find-now-read-later/
3 candidates named to replace Anderson on Supremes
Paul Anderson
The three finalists to replace the retiring Justice Paul Anderson on the Minnesota Supreme Court were announced.
They are:
Judge Edward J. Cleary sits on the Minnesota Court of Appeals as judge for the Fourth Congressional District. He previously served as judge and Assistant Chief Judge for the Second Judicial District. From 1997-2002, Cleary served as the Director of the Office of Lawyers Professional Responsibility. Prior to that, he practiced law for 20 years, concentrating on criminal defense and civil litigation. He is a past president of the Ramsey County Bar Association and served on the Minnesota State Bar Association Governing Council. In addition, Cleary served as an adjunct professor at the University of Minnesota Law School from 2000-2012.
Judge Natalie E. Hudson sits on the Minnesota Court of Appeals as an at large judge. Prior to her appointment to the Minnesota Court of Appeals, she served as an Assistant Attorney General for the State of Minnesota in the Criminal Appeals and Health Licensing Divisions. Hudson has also served as the City Attorney for the City of St. Paul, and was the Assistant Dean of Student Affairs at the Hamline University School of Law. She is a member of the American Bar Association’s Judicial Division and is a member of the Minnesota Women Lawyers Advisory Board.
David L. Lillehaug is a former United States Attorney for Minnesota. Lillehaug is an officer and shareholder with Fredrikson & Byron. His litigation practice focuses on public law and complex cases – civil, criminal, and administrative – with a particular emphasis on state and federal constitutional issues. He serves on three non-profit boards and on the Minnesota State Bar Association’s Mock Trial Program Advisory Committee.
Anderson is set to retire in May. No word on when his replacement will be named.
Source: http://minnlawyer.com/minnlawyerblog/2013/03/12/3-candidates-named-to-replace-anderson-on-supremes/
2011 Intellectual Property Year in Review and Outlook for 2012 – Part I: Patents
IP Counsel host, Attorney Peter Lando, partner at the firm of Lando & Anastasi, LLP, welcomes Craig Smith, partner at Lando & Anastasi, to discuss important patent cases and court decisions in 2011 from the United States Supreme Court and the Court of Appeals for the Federal Circuit covering a wide range of issues, including patentable subject matter, inventor rights, inducement of patent infringement, damages, and inequitable conduct. Peter and Craig also discuss major cases on the dockets of the Supreme Court and Federal Circuit in 2012 that will be followed closely by practitioners and the business community.
At the Supreme Court, A Shadow of a Doubt
With Tuesday’s arguments before the Supreme Court, the gay marriage debate reached an important crossroads. But it was an intersection illuminated by blinking yellow lights.
Source: http://blogs.wsj.com/law/2013/03/26/at-the-supreme-court-a-shadow-of-a-doubt/?mod=WSJBlog
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Judges Question Use of Cellphone Tracking Devices
Judges in California have expressed concerns about the federal use of cellphone tracking devices known as “stingrays."
Source: http://blogs.wsj.com/law/2013/03/27/judges-question-use-of-cellphone-tracking-devices/?mod=WSJBlog
Cryopreserved Embryos in Divorce Cases
Charles Kindregan, professor of law at Suffolk University Law School, discusses the emerging legal issues regarding cryopreserved embryos in divorce cases. Learn more about Professor Kindregan at http://bit.ly/hqQg1q.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/cryopreserved-embryos-in-divorce-cases/
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Wednesday, March 27, 2013
Circuit May Do Away with 'Daubert' Do-Overs
Last fall, a Ninth Circuit panel threw out a $10 million asbestos verdict because the judge overseeing the trial didn't conduct a Daubert hearing for key expert witness testimony. Now it appears the $10 million verdict has a good chance of sticking, as the federal appeals court appears poised to create a new rule that would let trial judges reconsider Daubert errors without necessarily retrying the entire case.
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/
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Firing John Adams
Not the founding father, but the Public Defender of Kootenai County, working out of beautiful Coeur d'Alene, Idaho. Like his namesake, he was a legend, running the best damn public defender office in the state, one that had never lost a defendant to the executioner. And it finally cost him.
© 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.
The Kootenai County commissioners unanimously passed a resolution on Tuesday to end his term this fall.
"It's absolutely a termination," Adams said.
Adams said the termination notice comes three weeks after he made a formal complaint against Commissioner Jai Nelson, saying she had allegedly harassed him since she joined the board. The notice comes two weeks after Adams, 59, told Commission Chairman Todd Tondee that he has cancer and will be undergoing chemotherapy and will need a day off each week for the treatment. Facing the loss of his health insurance is scary, Adams said.
It will be personally devastating, given that he's suffering cancer. It will be institutionally worse, given that he ran an exceptionally effective office. Adams learned that "his services were no longer needed" in a one-line memo, which he called "shabby." That seems like a nice way to put it. Disgraceful seems more appropriate.
The official explanation for Adams' unceremonious termination is, as government's so love, a study.
"He may be reappointed," Nelson said Friday. "Periodic evaluation is something that's part of the commissioners' duty."Nelson said the commissioners are going to do a "comprehensive study" of the county's public defense system. Setting an expiration date for Adams' services is the first step in that process, she said.
After all, when something is working well, doesn't that demand a study? Particularly when the person announcing the study is the same person against whom a harassment complaint had been lodged a few weeks before. Of course, it could very well be accurate, that a study is needed to figure out why the public defender is doing so well. Government can't run an efficient criminal justice machine when the public defender keeps getting in the way.
And as day follows night, the excuses follow the explanation.
"They're just going to put somebody in there who they think they can control," Adams said. "These terms aren't meant to be indefinite," Nelson said. "People don't own these offices."Nelson said the county hopes to complete its study by this fall. At that time, it's unlikely the commissioners will choose to reappoint Adams.
It's true that political appointees don't "own" their offices, but people who do their job well, extremely well, are usually the ones that get to stay in them. In a rational world, anyway. But then, doing a job well is a matter of perspective. The staff in his office rated John Adams' job performance well, giving him 9 to 10 on a ten scale for his various administrative functions. Some just gave him 10 across the board. He was deeply admired by his people.
Nelson, the accused harasser, didn't think as well of him.
In a Sept. 30 report of Adams' job performance, Nelson wrote: "The relationship between you and the board has continued to deteriorate over the last year and there have been several instances where you have communicated with the board members in an angry, disrespectful and unprofessional manner."
She said he needed improvement in budgeting, "respectful communication," following "board directives," attendance, and "timely response in communicating issues and concerns with a concerted effort at internal resolution of conflicts."
She graded him a "6" in "job understanding" on a scale of one to 10. He got a "5" in job performance, "6" in productivity, "6" in dependability and efficiency, and "3" in cooperation. His overall score was "5," putting him in the "marginal" range, meaning his performance requires improvement and he needs more than normal supervision.
There is certainly a problem when a public defender, an appointee of a local political body made up of very important people, is accused of the inability to communicate with those very important people except in an "angry, disrespectful and unprofessional manner." Then again, when the public defender has been communicating just fine for the past 17 years, and the problem suddenly arises, maybe the very important people have the problem backwards.
Or maybe the complaints are about the wrong problem. John Adams was universally respected by the bench and bar, and his only detractors happened to sit on the board that thought he worked for them. As the public defender, he thought he worked for the men and women of Kootenai County he was appointed to serve. He did so with distinction, with honor, with zeal. He fought for their rights in court, and for the resources to serve them before the tightwads who couldn't imagine why they should squander money on poor criminals. Most of all, he didn't ask "how high" when directed to jump. That's downright insubordination.
The article in the Coeur d'Alene Press offers a lengthy list of people praising John Adams, as lawyer, as public defender, as an honorable man. Coming on the heels of Gideon's 50 birthday, when so many opined that the tide is turning, that people are coming to realize that innocent people get convicted and the public defense function may be the only thing that stands between them and a lifetime in prison for a crime they didn't commit, this offers a very different, very ominous message.
They ought to build a statue for John Adams in Coeur d'Alene, Idaho. Instead, he's been hung out to dry, cancer and all, for doing his job too well. Believe in happy things all you want, but this is how fragile the defense of the accused can be, a one-line memo way from termination at the hands of a hater.
© 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/2013/03/24/firing-john-adams.aspx?ref=rss
Higher Filing Thresholds for HSR Act Premerger Notifications Effective February 11, 2013
1. Higher Thresholds For HSR Filings
Higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 became effective on February 11, 2013. The filing thresholds are revised annually, based on the change in gross national product.
The HSR Act notification requirements apply to transactions that satisfy the specified "size of transaction" and "size of person" thresholds. The key adjusted thresholds are summarized in the following chart:
| Size of Transaction Test | Notification is required if the acquiring person will acquire and hold certain assets, voting securities, and/or interests in non-corporate entities valued at more than $70.9 million. |
| Size of Person Test (Transactions valued at more than $283.6 million are not subject to the Size of Person Test and are therefore reportable) | Generally one "person" to the transaction must have at least $141.8 million in total assets or annual net sales, and the other must have at least $14.2 million in total assets or annual net sales. |
While the filing thresholds have changed, the filing fees have not, but will be based on the new thresholds as follows: $45,000 for transactions valued at more than $70.9 million but less than $141.8 million; $125,000 for transactions valued at more than $141.8 million but less than $709.1 million; and $280,000 for transactions valued at more than $709.1 million.
The above rules are general guidelines only and their application may vary depending on the particular transaction.
2. Higher Thresholds For the Prohibition Against Interlocking Directorates
Higher thresholds for the prohibition in Section 8 of the Clayton Act against interlocking directorates became effective on January 14, 2013. Section 8 prohibits, with certain exceptions, one person from serving as a director or officer of two competing corporations if two thresholds are met. Applying the new thresholds, competitor corporations are covered by Section 8 if each one has capital, surplus and undivided profits aggregating more than $28,883,000, with the exception that the interlock is not prohibited if the competitive sales of either corporation are less than $2,888,300. As with HSR thresholds, the FTC is required to revise Section 8 thresholds annually based on gross national product.
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).
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.
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LawBiz® Legal Pad: Alternative Billing
Ed discusses alternative billing and how it relates to the elements of certainty and trust.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/1CsB_keOFUI/
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.
Click the link to see a video snippet of the podcast.
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EEOC briefs on line
This is pretty cool.
EEOC briefs are now on line. [Here]
They cover briefs filed in the US Circuit Courts of Appeals in which the EEOC was a party, plus amicus briefs filed in the US Circuit Courts of Appeals, District Courts, and state courts.
And there is a user-friendly search function.
Briefs filed in the US Supreme Court are not in this collection, and can be found through the US Solicitor General's collection [here].
Source: http://www.lawmemo.com/blog/2012/06/eeoc_briefs_on.html
Predictive Coding: A Rose by Any Other Name
One of e-discovery’s hottest topics today is predictive coding. So what exactly "is" predictive coding? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome guest Dan Gallivan, one of the founders and Chief Technology Officer for Gallivan Gallivan & O’Melia , to discuss technology-assisted review, also known as predictive coding. Dan shares his thoughts on this new technology replacing keyword search, common areas of misunderstanding and Judge Peck’s role as a flag bearer for predictive coding.
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Tuesday, March 26, 2013
Snow fails to deter marriage argument hopefuls
A snowy Monday morning failed to deter nearly 200 hopefuls in line for seats at the U.S. Supreme Court's historic arguments on same-sex marriage this week. The court reported that 175 people, some of whom were paid stand-ins, had braved the elements throughout the weekend to enhance their chances of getting into the arguments. About 25 members of the Supreme Court bar -- or their surrogates -- began standing in line Friday. Also see: The lawyers arguing in the same-sex marriage cases
SJC Ruling on Foreclosures
Kathleen C. Engel, law professor and Associate Dean for Intellectual Life at Suffolk Law School, discusses the Massachusetts foreclosure crisis and actions being taken against four major banks. Learn more about Dean Engel at http://bit.ly/hBaALX.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/sjc-ruling-on-foreclosures/
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North Dakota legislature passes measure outlawing abortions
[JURIST] The North Dakota House of Representatives [official website] approved legislation on Friday that bans abortion by defining life as beginning at conception. The legislation, known as the personhood measure, passed by a vote of 57-35 [AP report]. The North Dakota Senate approved the measure in February. To become law, the personhood measure needs to be approved by voters, and will likely appear on the November 2014 ballot. The personhood measure comes on the heels of two other North Dakota...
Source: http://jurist.org/paperchase/2013/03/north-dakota-legislature-passes-measure-outlawing-abortions.php
OPINION: Businesses and conflict: It's all about control
Study of corporate counsel indicates they are relying less on arbitration and more on mediated negotiation and other informal approaches.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202593174039&rss=rss_nlj
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Higher Filing Thresholds for HSR Act Premerger Notifications Effective February 11, 2013
1. Higher Thresholds For HSR Filings
Higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 became effective on February 11, 2013. The filing thresholds are revised annually, based on the change in gross national product.
The HSR Act notification requirements apply to transactions that satisfy the specified "size of transaction" and "size of person" thresholds. The key adjusted thresholds are summarized in the following chart:
| Size of Transaction Test | Notification is required if the acquiring person will acquire and hold certain assets, voting securities, and/or interests in non-corporate entities valued at more than $70.9 million. |
| Size of Person Test (Transactions valued at more than $283.6 million are not subject to the Size of Person Test and are therefore reportable) | Generally one "person" to the transaction must have at least $141.8 million in total assets or annual net sales, and the other must have at least $14.2 million in total assets or annual net sales. |
While the filing thresholds have changed, the filing fees have not, but will be based on the new thresholds as follows: $45,000 for transactions valued at more than $70.9 million but less than $141.8 million; $125,000 for transactions valued at more than $141.8 million but less than $709.1 million; and $280,000 for transactions valued at more than $709.1 million.
The above rules are general guidelines only and their application may vary depending on the particular transaction.
2. Higher Thresholds For the Prohibition Against Interlocking Directorates
Higher thresholds for the prohibition in Section 8 of the Clayton Act against interlocking directorates became effective on January 14, 2013. Section 8 prohibits, with certain exceptions, one person from serving as a director or officer of two competing corporations if two thresholds are met. Applying the new thresholds, competitor corporations are covered by Section 8 if each one has capital, surplus and undivided profits aggregating more than $28,883,000, with the exception that the interlock is not prohibited if the competitive sales of either corporation are less than $2,888,300. As with HSR thresholds, the FTC is required to revise Section 8 thresholds annually based on gross national product.
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).
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.
Taking Control of Your Mobile Apps
There’s an app for everything. As we all discover how effectively we can use apps to connect with social media, as our work task managers, to find user-friendly news, and much more, they begin to accumulate on our smartphones and devices. Our hosts Dennis Kennedy and Tom Mighell share tips on how to organize those apps to be the most efficient, aesthetically pleasing, and space conserving - making room for more apps. We will also learn how to sync all of their devices so that we always have access to our apps. The second portion of the show will discuss the pros and cons of having an iPad, an iPad Mini, or how to utilize both. And stay tuned until the end to hear each host’s tech tip, one will surely save you some time on your computer.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/02/control-your-mobile-apps/
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New iPad, New Decisions
Apple just announced the newest version of the iPad, setting the Internet abuzz with anticipation and speculation. Is this next big thing? More importantly, must this be your next tech purchase? In this episode, Dennis Kennedy and Tom Mighell discuss the new iPad announcement and reactions, what the new iPad brings to the table, and whether lawyers should expect to see a new iPad in their possibly post-PC futures. 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/new-ipad-new-decisions/
Language is Everything
There's more than one way to see things!
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/ay7qKuQiFOI/
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Monday, March 25, 2013
SU Discoverlaw.org PLUS
Suffolk University Law School Dean Camille Nelson and Keren Zuniga McDowell, director of the Office of Academic Affairs at Suffolk University, discuss the SU Discoverlaw.org PLUS program. Learn more about SU Discoverlaw.org PLUS at http://bit.ly/yZhpOL.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/suplus/
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.
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'Gideon' at 50: A Muted Trumpet
Fifty years decision in Gideon v. Wainwright, the guarantee of right to counsel remains unrealized.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202592023918&rss=rss_nlj
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/
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Obamacare on Trial
The fate of President Obama’s Patient Protection and Affordable Care Act is now in the hands of the United States Supreme Court. But did lawyers for the Obama Administration convince the justices this historic healthcare initiative conforms to the U.S. Constitution? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, along with Professor Ilya Somin from the George Mason University School of Law and Professor Geoffrey Stone of The Law School of the University of Chicago, discuss the constitutionality and possible outcomes of this landmark Supreme Court case.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/obamacare-on-trial/
Man Freed after Two Decades In New York Prison; Doubt Cast On Murder Conviction
An fresh investigation into the 1990 murder of a New York rabbi has resulted in the freedom of the man convicted of the crime. Prosecutors supported David Ranta's release, saying serious doubt had been cast on his guilt.
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Future OS: Windows 8, Apple Mountain Lion and Beyond
Has it really been three years since the introduction of Windows 7? Surveys indicate that Windows XP users still outnumber Windows 7 users. Recent announcements indicate that we'll be seeing both Windows 8 and a new Mac OSX update called Mountain Lion in 2012. In this episode, Dennis Kennedy and Tom Mighell take a look at what we have now learned about operating system updates, the current state of operating systems, and what our future operating systems might look like. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.
Sunday, March 24, 2013
Defending a Serial Killer
What is it like to defend one of America’s most infamous serial killers? Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join retired judge and lawyer, Sam L. Amirante, and retired lawyer, Daniel J. Broderick, to discuss their new book, John Wayne Gacy: Defending a Monster, and the constitutional right to a defense.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/defending-a-serial-killer/
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Diversity inching toward the 8th Circuit bench
The United States Senate Judiciary Committee has moved the nomination of Jane Kelly to the Eighth Circuit Court of Appeals. If confirmed by the full Senate, she will be the second woman to serve on the court. Kelly is a federal public defender who lives in Cedar Rapids.
Source: http://minnlawyer.com/minnlawyerblog/2013/03/22/diversity-inching-toward-the-8th-circuit-bench/
Best Billable Hour Practices for Paralegals
Are you looking for answers when it comes to billable hour practices? Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin join Jennifer Karns, Legal Professional Training Manager for Snell & Wilmer L.L.P., as they discuss billable hour practices. Jennifer emphasizes the importance of meeting billable hour goals and adding value to time entries. She also shares essential tips for improving your billing descriptions and capabilities.
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Judicial retention election bill introduced
Bryan Lake reports for the MSBA that The Coalition for Impartial Justice introduced HF1083/SF1082 last week. The bill, which is supported by the MSBA, offers a three-part reform of Minnesota’s judicial selection system, including public performance evaluations, mandatory merit selection, and retention elections. A bipartisan group of authors have signed the bill, led by chief authors Sen. Ann Rest (D-New Hope) and lawyer-legislator Rep. Steve Simon (D-Hopkins). The bill has been scheduled for a hearing in the House Elections Committee on Tuesday next week. If the legislature passes the bill, the issue would be put to the voters in the form of a ballot question, as the reforms would require changing the Minnesota Constitution.
Source: http://minnlawyer.com/minnlawyerblog/2013/03/11/judicial-retention-election-bill-introduced/
Mayor Luke Ravenstahl Gets It Right
The video of foul-mouthed Detective Frank Rende showing St. Patrick's Day reveler Mark Keyser who's the boss is nasty and offensive, but Rende's defense is that his taser, put to Keyser's neck for no discernible legitimate reason, didn't fire.
When the best thing you can say about an abusive cop, who demonstrates no reluctance to use violence for no better reason than to bully a kid into submission, it's not quite an endorsement of his having the temperament and qualities one expects of a police officer.
To his enormous credit, Pittsburgh Mayor Luke Ravenstahl recognized this. Via WTAE:
© 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.
When the best thing you can say about an abusive cop, who demonstrates no reluctance to use violence for no better reason than to bully a kid into submission, it's not quite an endorsement of his having the temperament and qualities one expects of a police officer.
To his enormous credit, Pittsburgh Mayor Luke Ravenstahl recognized this. Via WTAE:
© 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/2013/03/21/mayor-luke-ravenstahl-gets-it-right.aspx?ref=rss
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NSSTA’s Take the Hill
This past April, members of National Structured Settlement Trade Association (NSSTA) decided to "Take the Hill". They headed to Capitol Hill for meetings with members of Congress and senior Congressional staff to discuss important public policy and the economic security benefits of structured settlements. Ringler Radio host, Larry Cohen talks to Ringler colleagues, Peter Early and Erin Muller about their experience at "Take the Hill" and their mission to educate our elected officials on the benefits of structured settlements.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/07/nsstas-take-the-hill/
Wait, They Have Surveillance Cameras Watching Us Cashiers? Don't They Trust Us?
Most folks know there are cameras EVERYWHERE. The US is becoming more like the UK this way with each passing day. Apparently this Florida woman is not aware of the phenomenon. Per the Charlotte County Sheriff's Office:
A Charlotte County Sheriff's deputy arrested a Port Charlotte Target employee Tuesday after security went back through surveillance video that showed her steal cash from her register 14 times totaling $2,300. Arrested for Grand Theft was Melissa A. Sayre, 29, 11798 Van Loon Avenue, Englewood East.14 times!
Target security began checking archived surveillance video after Sayre’s cash register came up short starting Feb. 7 and continuing until Mar. 15. Sayre was called to the Target Offices to discuss the shortages; she admitted that she stole the money and was immediately terminated. The deputy arrived and arrested Sayer who said she took the money out of need to pay her rent and fix her car.Here's a link to the story, which includes a mug shot.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/jRDNRjbGvWQ/post_626.html
A case of misjudgment
Not to be outdone by the humorous recollections of colleague Clifford Weckstein, Roanoke Circuit Judge Jonathan Apgar worked in a good story in a recent interview for the Roanoke Bar Review.
As related by Michael P. Gardner, Apgar began serving as a substitute general district judge in 1990:
He recalled being challenged by the work, and by the logistics of traveling to various courts as a first-time substitute. On one occasion, when substituting in a rural court, Judge Apgar underestimated his travel time. When he arrived, he asked the clerk if he was in the right place for General District Court. The clerk replied that he was, and that they would get started “as soon as the damn substitute judge arrived.”
Source: http://valawyersweekly.com/vlwblog/2013/03/15/a-case-of-misjudgment/
Saturday, March 23, 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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How Law Firms Can Track Time
How does your firm track time? 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 Danny Wen, Co-founder of Harvest Software and Sri Vemuri, Marketing Manager at Harvest Software, to discuss how law firms can track time and invoice clients in a way that captures more time and allows attorneys to receive payment more quickly.
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/02/how-law-firms-can-track-time/
Planning for Your Digital Estate
With so much of your key information and assets migrating online, it’s a challenge to remember all your passwords and accounts. So just imagine the headaches your spouse or family will have trying to figure it all out once you pass away. On this Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss how to prepare your “digital estate” before death or incapacity. 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.
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Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance
Bernie Jones, Associate Professor of Law at Suffolk University Law School, discusses her new book, "Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance." To learn more about Professor Jones' book, visit http://bit.ly/H6Fd2W.
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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Federal court complaints drop while appeals rise
While filings at the trial level of federal courts declined in the last fiscal year, appellate cases were on the uptick, according to the latest data submitted by federal court officials to the U.S. Judicial Conference.
The data covers the 12-month period that ended Sept. 30, 2012.
At the district court level, while the total number of filings in all cases fell 5 percent to 372,563, criminal filings fell 9 percent to 94,121 in fiscal 2012 after reaching a record high in 2011. Civil filings dropped 4 percent to 278,442.
There was a 14 percent drop in the number of bankruptcy petitions filed in fiscal 2013, bringing the total to 1,261,140. The number of non-business bankruptcy petitions dropped by 14 percent, while business-related petitions fell 16 percent. Chapter 7 filings fell 16 percent, Chapter 11 filings fell by 12 percent and 10 percent fewer petitions were filed under Chapter 13.
While there were 132,340 people under post-conviction supervision last year, a 2-percent increase over the year before, cases opened in the pretrial services system fell 4 percent to 109,242.
Though filings in federal appellate courts rose 4 percent overall, that increase was not driven by appeals in civil cases, which fell by 1 percent. Criminal appeals rose 12 percent last fiscal year, appeals of administrative agency decisions increased by 11 percent and bankruptcy appeals rose 19 percent.
- Kimberly Atkins, LawyersUSA
Source: http://valawyersweekly.com/vlwblog/2013/03/22/federal-court-complaints-drop-while-appeals-rise/
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