GOP Sen. Charles Grassley has floated legislation that would cut three seats from the important D.C. Circuit appeals court — just as President Obama prepares to announce his nominees for those jobs. The court is now evenly balanced with four appointees each from Republican and Democratic presidents.
Friday, May 31, 2013
Surviving the Workplace Transition – Tips from NALA
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/02/school-workplace-transition-nala/
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Gone Clio with Attorney Andrew Legrand
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/06/gone-clio-with-attorney-andrew-legrand/
Our fashion statement: We have enough sense not to spend $800 for a pair of shoes. (Florida Times-Union)
Thursday, May 30, 2013
Claims College for Litigation Managers
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/12/claims-college-for-litigation-managers/
Domestic Drones and Privacy Law
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/domestic-drones-and-privacy-law/
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Legal Crackdown on Human Trafficking
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/legal-crackdown-on-human-trafficking/
Bungled Facebook IPO Costs NASDAQ $10 Million Penalty
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202602114558&rss=rss_nlj
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Legal Translation Services for Law Firms
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/06/legal-translation-services-for-law-firms/
Wednesday, May 29, 2013
Sentencing Catherine Greig
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/06/sentencing-catherine-greig/
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Sgt. Dennis Workley and a Jail Safe Enough
"It was like a SWAT team. They had the big shield and guns," Mary Johnson said. "They had weapons drawn to animals, people, babies."
[Reporter Jayne] Miller reported there were irregularities in the affidavit Workley signed to get the warrant. In one section, he said marijuana was sold from the house, Miller reported. In another section, he said the house was used to traffic cocaine.
Miller said the discrepancy suggested that Workley cut and pasted text from another case.
And some judge signed it, discrepancies and all, a detail that appears to have faded in the mist from all subsequent accounts. Workley wound up finding two $10 bags of pot, which did not make him happy, so they took a sledgehammer and destroyed the family's Christmas presents. That will teach them to not be not drug dealers. Two under for the baggies, both dismissed. Hardly worth dragging out the bazookas.
Without explanation as to how exactly the lies made it onto someone's radar, Sgt. Workley's perjury brought him prosecution for misconduct, and he was convicted.
And he was sentenced.
Workley apologized, saying in court he got lazy and cut corners in writing the warrant.
He faced 10 years in jail, but a judge determined he couldn't think of a jail safe enough to house Workley so he will serve a suspended sentence and supervised probation.
Is there a "jail safe enough"? Cops in prison face tough times, whether from the possibility of meeting face to face with somebody who didn't care for the way they were treated when the officer was god, or just not happy with police in general. There are a few people like that in "jail." Prison too.
Or is it that jails just aren't safe places for much of anybody, but when it comes to people who never wore a shield, the judge just couldn't work up enough empathy to concern himself with the risks he imposed. After all, do criminals deserve to be coddled in jails where their safety is assured? Prison too.
Other prisoners aren't always treated with kindness and gentility. Child molesters are universally despised in jail. Rapists aren't well received in jails. Effeminate prisoners, those with slight builds, those who are less than capable of defending themselves, often find jails to be an unforgiving place. Prisons too.
The idea is that jail, not to mention prisons, aren't supposed to be death sentences for anyone. Defendants are sentenced to a term of years, not to rapes, beatings and murder. Among the many duties the state has, keeping those in its care safe from harm is one. One that isn't always done very well. Is that the judge's point, that the jails of Maryland are incapable of providing safety to its inmates? Prisons too?
The judge's concern, while speculative, is understandable. What it is not is acceptable. Among the primary legitimate purposes of incarceration, general deterrence is big. Huge. And it's especially huge for police, a group largely inclined to believe that no matter what they do, what laws they break, what people they harm, they will receive special treatment.
No matter how bad a cop may be, he will still get the special courtesy reserved for a cop. And only a cop.
The explanation often used by judges for sentencing a convict to a term of years in prison, usually a lengthy term that will leave infants fatherless for the duration of their formative years, families destitute, even employees without jobs when their employer goes down, is that they must send a message. They must. It is so critical that the message be sent that it justifies the suffering of innocents this time so that others are not harmed another time.
So too was a message sent by the judge, Baltimore City Circuit Court Judge John Howard, that Dennis Workley, former sergeant of the Baltimore police, leader of the SWAT Team that smashed Christmas presents with a sledgehammer, liar, cannot be sent to jail because his safety might be compromised. Prison too.
The argument, likely made by Workley's lawyer, is a sound one. Workley would likely be at grave risk of harm if he was sentenced to jail. Prison too. While it would be a similarly sound argument for many other defendants, it's highly unlikely it would meet the same reception. Child molesters simply do not get nearly as much understanding from judges as dirty cops.
So Workley doesn't go to jail for his crimes. Not even prison.
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/05/22/sgt-dennis-workley-and-a-jail-safe-enough.aspx?ref=rss
Police chief who stole drugs gets 9 years
A former small town Virginia police chief who orchestrated a drug store burglary to get pain pills has been sentenced to nine years in federal prison.
Bryan Young, chief of the Pennington Gap police department, arranged for other officers to be off duty one night last September to clear the way for associates to break into a Rite-Aid pharmacy and steal painkillers. Young later obtained some of the stolen pills.
Young was arrested in October after selling pills to an informant while wearing his police uniform, authorities said.
Young’s family members pleaded for leniency in letters to the court, noting the effect of the arrest and charges on Young’s two school-aged daughters.
“This sad case demonstrates how pervasive and dangerous prescription drug abuse can be, and how it pervades all levels of society,” said U.S. Attorney Timothy J. Heaphy in a news release.
Source: http://valawyersweekly.com/vlwblog/2013/05/28/police-chief-who-stole-drugs-gets-9-years/
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Putting the Web to Work for You
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/putting-the-web-to-work-for-you/
Structured Settlements and NSSTA’s 2012 Mission
Click the link to see a video snippet of the podcast.
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Tuesday, May 28, 2013
Panel recommends censure, suspension for Perez
A hearing panel for the Board of Judicial Standards has recommended that Tax Court Judge George Perez be censured and suspended without pay for nine months for infractions of Minn. Stat. 271.20, requiring that cases be decided within three months of submission. The panel also recommended that he be barred from ever serving again as chief judge, that he limit his participation in bar association activities and that he regularly report the status of his outstanding decisions to the chief judge of the tax court.
Doug Kelley, one of the attorneys for the Board on Judicial Standards, told Minnesota Lawyer that the matter will go to the Supreme Court because the hearing panel is only authorized to issue reprimands, and anything in excess must be approved by the court.
UPDATE:
It is quite clear that the panel got it right on the allegations that Perez shirked cases, made misrepresentations to the board and misused vacation and sick time, said Perez’ attorney, Fred Finch. Perez did not contest that some of the opinions went past the three-month deadline, he added. “We seriously disagree about the sanctions, and they provide no basis for the recommendation about never serving as chief judge and not going to professional conferences. That might not even be constitutional,” Finch said.
The sanctions are too severe and are in excess of what other courts have done and what the Minnesota Supreme Court has done with similar cases, Finch said.
Source: http://minnlawyer.com/minnlawyerblog/2013/05/13/panel-recommends-censure-suspension-for-perez/
Pricing contract lawyers
Are contract lawyers an expense or a fee item? This issue has been litigated before and, according to my reading, has been resolved in favor of the law firm. The law firm is entitled to engage contract or temporary lawyers for one price and charge the client a higher price. One rationale for this is that the firm can engage lawyers on a short term basis, without a long term commitment, to provide the work for the client that is necessary. When that job or assignment is completed, the law firm can sever the tie with the contract lawyer and retain a lower overhead. Everyone benefits: the lawyer who otherwise would not have been employed; the law firm that can take on additional work and its resulting benefits; and the client whose goals can be met more efficiently and timely.
The issue usually arises from a complaint by an insurance carrier who is responsible for payment of legal fees under a policy of insurance or a creditors’ committee that wants a larger share of available funds and finds the law firm(s) an easy target. Currently, the Citigroup class action legal fees are being challenged by a group called the Center for Class Action Fairness.
The allegations in this case go beyond the assertion that a law firm cannot charge more than it pays for legal talent. If this were the only issue, the challengers would have no standing; this issue has been resolved and it would be a major reversal of thought for the court to rule otherwise. But, the real issues are whether the engagement agreement mentioned anything about contract lawyers and, if so, what were the terms; what risk did the law firm accept when its fee was based on a contingency (was this a novel area of law or one in which plaintiffs had not been successful before); what was the expertise needed in the matter for which contract lawyers were engaged, and what was the expertise actually engaged; and were the fees charged “reasonable” under all the circumstances.
In this case, the total fees amount to less than 17% of the class action settlement. The court will have to decide whether this was a reasonable fee overall and/or whether each component of the fee requested reasonable. The added risk for any law firm taking on this type of case is that its fee is always reviewed on Monday morning ... the Monday morning quarterback always has a better perspective than does the game-day quarterback. While the large company client can protect itself by hiring the contract lawyers directly, though they could then hardly expect the law firm to oversee that portion of the work product. The client can further protect itself by objecting to paying the legal fee and litigating the fee. But, how does a law firm protect itself against the client (usually someone else speaking in the shoes of the client) so as to avoid an after-the-fact conflict?
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/w0LglhZx0j4/
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Chief Justice, Attorney General Get Cool Swag from Foreign Dignitaries
The Lost Art of the Online Discussion
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Decision Tree Tools for Litigators
Hear our subject matter experts discuss how to:
Maximize the efficiency of the dispute management process and the involvement of outside counsel
Better quantify, predict, and control litigation exposures and cost
More effectively communicate case risk and strategy to senior management
Source: http://legaltalknetwork.com/podcasts/tech-experts/2013/05/decision-tree-tools-for-litigators
The Latest in Court Technology for Paralegals
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Monday, May 27, 2013
Putting the Web to Work for You
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/putting-the-web-to-work-for-you/
Six Hats: Parallel Thinking for Paralegals
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Shareholder Activism
Source: http://legaltalknetwork.com/podcasts/boston-university-school-of-law/2012/04/shareholder-activism/
NSSTA’s Leadership
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/09/nsstas-leadership/
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Sunday, May 26, 2013
Taking Advantage of Apps and Plug-ins
The Family That Drinks Together ...
Well, yes, the family that drinks together often does get drunk together. And they do stick together too. As reported by timesonline.com (Beaver, PA):
Rochester police said [Jason Dean] Sheets [25] Sheets and John William Moore Jr., 47, also of 300 Jackson St., Apartment 31, were pumping gas at Sheetz on Adams Street on May 1 when they began harassing a young black man in the store. The two men followed the man out of the store and an argument started, police said.Not cool.
When officers arrested Sheets, he began to struggle, yell and swear at them, the police report said. Once inside the police car, Sheets tried to kick out the windows and slammed his head against the glass partition, police said.And mom just stood by and ... no?
[Annette Marie] Davis [44], who is Sheets’ mother, became irate during the arrest and also began to struggle with police and kick them in the legs.Yikes. The charges?
Davis ... is charged with two counts of aggravated assault, and one count each of resisting arrest, disorderly conduct and public drunkenness.
Sheets ... is charged with two counts of aggravated assault, and one count each of resisting arrest, disorderly conduct and public drunkenness.What about Mr. Moore?
Moore, who was driving the vehicle Sheets and Davis were riding in, was charged with drunken driving.Here's the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/_CdWQJUdKk4/post_675.html
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Hiring Your First Employee
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/03/hiring-your-first-employee/
Cyber Threats to Law Firms and Businesses: How Do We Defend Ourselves?
• Stewart Baker has been described by The Washington Post as “one of the most techno-literate lawyers around.” His long list of experience includes serving as the first Assistant Secretary for Policy for the Department of Homeland Security and the General Counsel of the National Security Agency. His current law practice covers homeland security matters, travel and foreign investment regulation, international trade, cybersecurity, and data protection.
Tune in to hear Baker explain the difference between active defense against cyber-defense and vigilantism, the meaning of the Attribution Revolution, and what President Obama Cybersecurity Executive Order means and how it may be amplified by pending legislation.
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The U.S. Supreme Court’s Golan v. Holder Decision
Law means a better life, not death
The following note is prompted by the comments of Susan Cartier Liebel of Solo Practice University® and her post about Kimberly, a young mother who just gave birth to her third child and was a 3L law student at Stetson. She became ill but failed to go to a doctor to address her own health. She was busy with her family and "stuff."
This is for all of you out there whether lawyer or law student, mother or father, who puts
themselves last. You put off going to the doctor for that chronic cough while you rush your child to the pediatrician for a hang nail. You eat your cold dinner out of a jar standing up and talking on the phone while you make sure your child’s meal is hot and she’s seated lest she choke on her food. You do so because ‘you can handle it’. Well, here’s the truth. You can’t.
You can’t care for your kids or your spouse if you break down physically. You can’t care for your clients if you don’t take time to reinvigorate and refresh. Remember the airline admonition: Put your air mask on first and then help your child and others around you. None of us are superhuman or immortal. There is nothing more important than your health, no final, no brief, no exam, no trial, no event. Remember this the next time you get no sleep or ignore that persistent cough or inexplicable pain in your side because ‘you don’t have time’ to slow down. Remember you can break down, too. No machine and certainly no human can work without stop and without repair from time to time.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/sGnvRFt6F24/
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Management Shakeup at King & Wood Mallesons
Source: http://blogs.wsj.com/law/2013/05/23/management-shakeup-at-king-wood-mallesons/?mod=WSJBlog
Wait, So You're Telling Me That ATMs Have Cameras?
It was widely believed that EVERYONE knew ATMs have cameras. Perhaps now, with the arrest of this man, that is indeed the case. As seen at thebrooklynpaper.com:
A man was arrested for attempting to steal money from the same automated teller machine on Bedford Avenue four times between April 4 and May 2 by sticking pliers up the money slot.Four times! With pliers!
The owner of the building between N. Fourth and N. Fifth streets gave police surveillance video that shows the 31-year-old man trying to get money out of the machine at 2 pm on April 4, 7 pm on April 4, at noon on April 9, and at 2:38 pm on May 2. Each time, he damaged the machine.
The determined suspect was charged with several counts of attempted grand larceny, criminal mischief, possession of burglar’s tools, and attempted petit larceny.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/iCy9Uqjs6aU/post_673.html
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Saturday, May 25, 2013
Pardon Our 100th Interruption
A Discussion of Post Grant Review
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/04/a-discussion-of-post-grant-review/
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OMG! Lawyers Are Texting?
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/04/omg-lawyers-are-texting/
Canada’s Highest Court OKs Judicial Cut and Paste
Source: http://blogs.wsj.com/law/2013/05/24/canadas-highest-court-oks-judicial-cut-and-paste/?mod=WSJBlog
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Turning TECHSHOW Topics into a Technology Agenda
Inside Midnight Regulations
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Gone Clio with Attorney Bruce Godfrey
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/06/gone-clio-with-attorney-bruce-godfrey/
The .05% Solution
The New York Times says it's a good thing.
It is surprising how few drinks can impair a driver’s judgment. A report from the National Transportation Safety Board estimates that alcohol-impaired driving contributes to thousands of deaths and tens of thousands of serious injuries each year. It is right to urge states to reduce that toll by lowering the allowable blood-alcohol concentration for drivers from 0.08 percent to 0.05 percent.The first sign of a problem is the wiggly word used to make the connection between alcohol and thousands of deaths. See how they snuck it in there, "contribute"? Not "cause," because there is no evidence that alcohol was the cause, and indeed there is a ton of evidence to the contrary. The statistics are played by including in the numbers any death where anyone anywhere near a car had any alcohol in them, including the victim, without regard to whether alcohol had anything to do with it.
The second sign is that Mothers Against Drunk Driving, the force behind the reduction from .10% to .08% and the public service announcements, the school groups like SADD, and pretty much every initiative relating to drunk driving, doesn't support this change.
This is shocking. No, worse than shocking. But MADD isn't just the mothers who have endured a tragedy anymore, but a sophisticated machine. In their zeal to wipe drunk driving from the face of the earth, they realize that this move goes too far. They have thrived on the support of middle America, using the "do it for the children" argument better than anyone else. But this move goes beyond the tipping point of acceptability, and that would spell the death of their power and their effort.
The use of a percentage of blood alcohol content as the definition of a crime is a strict liability offense. You don't have to drive dangerously. In fact, you can driver perfectly, but you're still a criminal. You may not put your own interests ahead of society, but just be a pretty normal, law-abiding, happy person, and still you're a criminal. You may support the death penalty, make cookies for the DAR bake sale, own an AK, but still you're a criminal.
If the BAC is reduced to .05%, it's going to change a lot of lives, and the people whose lives it changes aren't bad people and aren't going to like it.
The point has been made that if we want to eradicate drunk driving, then it can be done quite easily by making the legal BAC .00%. No drinking, period. Easy. But people aren't going to like that at all. The argument offered to make the .05% BAC more palatable is that it allows some drinking:
The new standard would not bar all alcohol, but would mean giving up a drink or two. A 180-pound man who might be able to drink four beers or glasses of wine in 90 minutes without reaching the 0.08 limit might have to cut back to three to meet the lower standard. A 130-pound woman who could have three drinks in 90 minutes and stay below the current standard might have two drinks instead.The advocates want to make this change seem as innocuous as possible, rather than controlling the behaviors of others. Not being much of a drinker, it would likely have no impact on me. But for those who enjoy a bottle of wine with dinner, or live out in no-man's-land and whose only entertainment is a dozen beers at the highway honky-tonk, they will become criminals.
And that's the issue. This isn't about advocating for the right to drive drunk, but about the criminalization of things that are done today by the law-abiding. This isn't about people making a decision to engage in criminal conduct, but about people not knowing whether they're going to be a criminal or not.
There are many consequences of this change, together with the other ideas to prevent people from driving drunk, that aren't being discussed. What happens when the technology of the magic steering wheel fails and cars won't start? What about the person who shares a car with a convicted drunk driver but is constrained to use the interlock device? What about the person with an emergency who needs to get to the hospital but can't get the car to start? The list goes on for a long time. Use your imagination.
The Bubble Boy agenda, the Utopia where no one is ever harmed, won't happen because of this change. There will still be crashes, because people can't drive worth a damn, and there will still be children who die in crashes. There will be diseases that take the lives of people who don't deserve to die, even though the television informs us that they've cured restless leg syndrome. There will never be that perfect world where no mother has to bury her child.
Still, anyone who has had too much to drink should not get behind the wheel. You are selfish and foolish, and you have no right to put me or my children at risk because you wanted to have a good time. But you can do this because you're a human being, not because it's the new crime du jour. And police can, and should, arrest you if you drive recklessly, whether it's because you're drunk or you just drive like crap.
It's hard to argue against something that has become so socially unacceptable as drunk driving. Only a pariah, or a criminal defense lawyer, would be
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/05/18/the-05-solution.aspx?ref=rss
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Friday, May 24, 2013
Gambling on Sports and the Law
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/03/gambling-on-sports-and-the-law/
OPINION: Prosecutors Help with Exonerations
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202600580133&rss=rss_nlj
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The iPad Practice
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/08/the-ipad-practice/
Summer Vacation Technology
Special thanks to our sponsor, Transporter.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/05/summer-vacation-technology
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Does your insurance policy cover contract lawyers?
This issue has arisen in a number of conversations with clients.
Why would you engage a contract lawyer? For one of several reasons: (i) even out the work flow; ii) engage expertise you don’t possess at the moment; (iii) gain time to observe the quality of work of a potential hire; and (iv) determine if you have enough work in the long term to hire a permanent employee.
Once you hire a contract lawyer, whether for a designated number of hours or a specific project, do you know whether that lawyer is covered under your errors and omissions insurance policy? Often, policies are written to include all the attorneys you hire after your policy commencement date up to the end of that policy term period. Then, your premium is based for the following year on the higher number of lawyers now on staff.
But, the question remains, are you covered for what is, in essence, a part-time employee. Check with your broker; read your policy. Make sure you know the answer. Many lawyers require that their contract lawyers specifically name them on their policies with an endorsement. Of course, remember that most policies are claims-made policies, not occurrence policies. So, your policy must be written in such a way as to cover negligence asserted in the current period though the alleged negligence was committed by your contract lawyer in an earlier period and is no longer present. Ask. Be sure.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/pNwbjAE0HIw/
Are Law Schools Neglecting Half of the Brain?
Source: http://blogs.wsj.com/law/2013/05/21/are-law-schools-neglecting-half-of-the-brain/?mod=WSJBlog
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Thursday, May 23, 2013
Government Attacks Standard & Poor's 'Puffery' Defense
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202601283137&rss=rss_nlj
DOJ: Law Prohibits Florida From Issuing Law License To Undocumented Immigrant
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The Best Paralegal Law Technology Trends
Appeal Filed by Lawyers Sanctioned Over Porn Lawsuits
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202601101607&rss=rss_nlj
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Wednesday, May 22, 2013
Actos Litigation
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/05/actos-litigation/
Gone Clio with Attorney Joe Bahgat
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/05/gone-clio-with-attorney-joe-bahgat/
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