Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/10/defending-big-data/
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Monday, September 30, 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.
The Day Tripper Dilemma
If I was hoping to court the legally-ignorant, politically conservative reader, yesterday would not have been a good day for me. While lawprof Glenn Reynolds, Instapundit, couldn't be bothered to learn about the criminal justice system before opining about how to fix it, he had time to write about how mean I was to him. Not terribly surprising, given how lawprofs tend to be a bit sensitive,
What came of Reynolds' post was a curious thing, a swarm of his followers commenting in his defense. Most were just silly, reflecting the folks who follow his political agenda, and good for some lulz, but they raised an interesting dilemma: lacking education, practical experience or sufficient interest to learn about the substantive issues and problems involved, they ripped me a new one because the post here to which they were directed was the culmination of both numerous posts about Reynolds' disastrous Ham Sandwich Nation "fix" for the criminal justice system and even more numerous posts on the underlying issues.
One commenter made a good point, that my telling them to read a bunch of posts that would provide the substance that isn't in the one post to which they were directed is "weaksauce." He's right. It's not that this matters much, as they haven't come because they have any sincere interest in the subject. If they did, they would already be knowledgeable and wouldn't demand to be taught from the ground up.
But then, to the extent this is anything other than a humorous aside for those of us who are involved in criminal justice issues, it's an opportunity to educate the poor souls who are limited by Reynolds deep commentary (Heh?), and their point that the one post they read wasn't substantive is well-taken.
So if they can't be expected to read a hundred posts (and it's not really reasonable to expect them to do so), they lack any foundational knowledge on the subject and they're generally disinclined to disagree with their political guru, is there any way to address this gap?
Bear in mind that when the post that made Reynolds cry was written, it wasn't for the purpose of educating his followers but as the coda in the series of posts about his awful ideas to fix the system at the expense of defendants, which in turn was based on innumerable posts here about specific issues and problems with the system. Way too much to include in one post (and likely one full-length book, for that matter), and completely unnecessary for regular readers here or people who are knowledgeable about criminal law.
Obviously, I can't go back and rewrite the post as Criminal Law 101 for the benefit of Instapundit readers, with lengthy explanations that are obvious to the rest of us. Perhaps I should have anticipated that Reynolds would get all butthurt about it, write a post with his deepest thoughts, and cause an influx of his readers to come here to salvage his damaged dignity, but I didn't. And even if I had, it would have bored the daylights out of regular readers here. As SJ is neither political nor a plea for popularity among the Instapundit fans, the idea of writing a post in anticipation of the swarm seems outlandish.
One answer could be found on the flip side, if only Reynolds had an appreciation of the more thoughtful legal and practical impact of his politically driven ideas, such that his purportedly well-intended, if misguided, fixes were themselves more substantive, but it's hardly useful to blame the guy who proffers bad ideas for not understanding why his ideas are bad. If he did, he wouldn't have done so in the first place.
One might expect him, as a lawprof, to try to gain a far better basis of knowledge before going off, but that was one of the primary points of my rant about Reynolds in the first place. And he's playing to a political audience (which is a large part of the problem) rather than to an audience knowledgeable or seriously concerned about criminal law. It's easy to pass off shallow ideas to those who know nothing about the practical impact.
Yet, I missed an opportunity to educate a not insignificant group of day trippers who think they've got a clue because they read tripe like Reynolds' Ham Sandwich Nation. It's a shame to pass up an opportunity like that. It's a dilemma. I regret not having done a far better job of making use of the opportunity to illuminate.
© 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.
What came of Reynolds' post was a curious thing, a swarm of his followers commenting in his defense. Most were just silly, reflecting the folks who follow his political agenda, and good for some lulz, but they raised an interesting dilemma: lacking education, practical experience or sufficient interest to learn about the substantive issues and problems involved, they ripped me a new one because the post here to which they were directed was the culmination of both numerous posts about Reynolds' disastrous Ham Sandwich Nation "fix" for the criminal justice system and even more numerous posts on the underlying issues.
One commenter made a good point, that my telling them to read a bunch of posts that would provide the substance that isn't in the one post to which they were directed is "weaksauce." He's right. It's not that this matters much, as they haven't come because they have any sincere interest in the subject. If they did, they would already be knowledgeable and wouldn't demand to be taught from the ground up.
But then, to the extent this is anything other than a humorous aside for those of us who are involved in criminal justice issues, it's an opportunity to educate the poor souls who are limited by Reynolds deep commentary (Heh?), and their point that the one post they read wasn't substantive is well-taken.
So if they can't be expected to read a hundred posts (and it's not really reasonable to expect them to do so), they lack any foundational knowledge on the subject and they're generally disinclined to disagree with their political guru, is there any way to address this gap?
Bear in mind that when the post that made Reynolds cry was written, it wasn't for the purpose of educating his followers but as the coda in the series of posts about his awful ideas to fix the system at the expense of defendants, which in turn was based on innumerable posts here about specific issues and problems with the system. Way too much to include in one post (and likely one full-length book, for that matter), and completely unnecessary for regular readers here or people who are knowledgeable about criminal law.
Obviously, I can't go back and rewrite the post as Criminal Law 101 for the benefit of Instapundit readers, with lengthy explanations that are obvious to the rest of us. Perhaps I should have anticipated that Reynolds would get all butthurt about it, write a post with his deepest thoughts, and cause an influx of his readers to come here to salvage his damaged dignity, but I didn't. And even if I had, it would have bored the daylights out of regular readers here. As SJ is neither political nor a plea for popularity among the Instapundit fans, the idea of writing a post in anticipation of the swarm seems outlandish.
One answer could be found on the flip side, if only Reynolds had an appreciation of the more thoughtful legal and practical impact of his politically driven ideas, such that his purportedly well-intended, if misguided, fixes were themselves more substantive, but it's hardly useful to blame the guy who proffers bad ideas for not understanding why his ideas are bad. If he did, he wouldn't have done so in the first place.
One might expect him, as a lawprof, to try to gain a far better basis of knowledge before going off, but that was one of the primary points of my rant about Reynolds in the first place. And he's playing to a political audience (which is a large part of the problem) rather than to an audience knowledgeable or seriously concerned about criminal law. It's easy to pass off shallow ideas to those who know nothing about the practical impact.
Yet, I missed an opportunity to educate a not insignificant group of day trippers who think they've got a clue because they read tripe like Reynolds' Ham Sandwich Nation. It's a shame to pass up an opportunity like that. It's a dilemma. I regret not having done a far better job of making use of the opportunity to illuminate.
© 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/2013/07/12/the-day-tripper-dilemma.aspx?ref=rss
Legal-Tech Announcement Kick-off: Smart Phones, Smart Watches, Tablets, and more.
‘Tis the season for new technology. Starting with smart phones, we have the two new iPhones, the Nokia Lumia, and the Google Moto X. In only the start of the season, there are more announcements, including new smart watches and tablets, in the works. On this edition of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell will review some of the newly released technology, talk about what will work best for lawyers, and what we should expect to see in the upcoming releases. In the second half of the show your hosts will honor the 15th anniversary of CaseMap, a LexisNexis case-management software made specifically for litigators.
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Law Librarians at the Front Lines of Change
In the June edition of Law Technology Now, host Monica Bay, an attorney and Editor-in-Chief of ALM's Law Technology News invites her American Association of Law Libraries (AALL) co-presenters, Steven Lastres and D. Casey Flaherty to chat about the recent and upcoming changes in technology affecting law librarians and legal research. Bay, Lastres, and Flaherty will be presenting at AALL’s annual conference this month in Seattle. Learn how librarians are leading the charge for faster, better, and cheaper legal services!
• Lastres, an attorney, is director of library and knowledge management for Debevoise and Plimpton. He is responsible for the firm’s information and knowledge management initiatives. He is the co-founder of the OnFirmerGround blog — a collaborative effort of international law library associations seeking to promote the value that law firm librarians bring to the business and practice of law.
• Flaherty is corporate counsel of Kia Motors America. He manages all legal matters from transactional to litigation. Before moving in-house he worked at BigLaw where he focused his practice in commercial litigation and e-discovery. Flaherty is known for his meticulous auditing system made specifically for law firms, on which he regularly speaks and writes about.
Tune in for a sneak preview of their upcoming presentation and the future of legal research.
• Lastres, an attorney, is director of library and knowledge management for Debevoise and Plimpton. He is responsible for the firm’s information and knowledge management initiatives. He is the co-founder of the OnFirmerGround blog — a collaborative effort of international law library associations seeking to promote the value that law firm librarians bring to the business and practice of law.
• Flaherty is corporate counsel of Kia Motors America. He manages all legal matters from transactional to litigation. Before moving in-house he worked at BigLaw where he focused his practice in commercial litigation and e-discovery. Flaherty is known for his meticulous auditing system made specifically for law firms, on which he regularly speaks and writes about.
Tune in for a sneak preview of their upcoming presentation and the future of legal research.
How You Could Be Sued for Sending a Text Message
The New Jersey State Appeals Court recently ruled that texting someone while that person is driving may cause the sender to be liable if an accident occurs. Supporting arguments say those texting drivers are “virtually present” at the accident. This potential liability affects the distribution of responsibility amongst drivers when a collision occurs. On this edition of Lawyer2Lawyer, your hosts Bob Ambrogi and J. Craig Williams invite Attorneys Ted Frank and Marc Saperstein to the discuss the case ruling, whether this advisory ruling will effectively prevent distracted driving, if it’s a fair allocation of responsibility, and more.
• New Jersey Attorney Marc Saperstein is a founding member of Davis, Saperstein, and Solomon and a part of the New Jersey Association for Justice. He regularly lectures to fellow lawyers on current case law, class actions, and injury law. Saperstein has a special interest in distracted driving education and prevention.
• Manhattan Institute Attorney Ted Frank is the founder and president of Center for Class Action Fairness. He has written law reviews for The Washington Post, The Washington Journal, and The American Spectator. Frank is also on the executive committee of the Federalist Society Litigation Practice Group.
Thanks to our sponsor, Clio.
• New Jersey Attorney Marc Saperstein is a founding member of Davis, Saperstein, and Solomon and a part of the New Jersey Association for Justice. He regularly lectures to fellow lawyers on current case law, class actions, and injury law. Saperstein has a special interest in distracted driving education and prevention.
• Manhattan Institute Attorney Ted Frank is the founder and president of Center for Class Action Fairness. He has written law reviews for The Washington Post, The Washington Journal, and The American Spectator. Frank is also on the executive committee of the Federalist Society Litigation Practice Group.
Thanks to our sponsor, Clio.
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Cybersecurity: 36 Questions Every Director Should Ask
Cyber security, data loss, hacking and schemes to steal personal information and assets electronically are all over the news daily. Companies are the primary targets of these actions since they accumulate information, store it and use it for their internal efforts, for their clients and in interacting with the world outside. In an effort to prevent problems before they arise, and to be in the best possible posture should their company become a victim of these damaging events, below is a list of questions that general counsel, senior management and corporate directors should be asking of themselves and their companies:
- Why should my company be concerned?
- Who would want to target us?
- Is the problem likely to come from within or outside the company?
- What components of the company are tied directly to computer networks?
- What company records are accessible by network?
- Can someone explain to me in layperson language how we are protected?
- Who is ultimately responsible for the integrity of our system/data?
- How can I be assured that our security is up to date?
- Do we need a Chief Privacy Officer?
- How do we control the authorization of access?
- Is the level of access commensurate with the job responsibilities?
- How do we withdraw access?
- What alarms/indicators does our network have to show unauthorized access?
- What’s the plan for an interruption of service?
- Do we have a secure backup system/offsite data vault/redundant servers and how long until we are up and running “cleanly” after a serious breach?
- How do we prevent authorized users from exploiting the data to which they have access?
- Does the company have adequate internal controls to detect employee abuses?
- Are we vulnerable to worms/viruses or whatever from our own employees bringing software onto our system/network?
- Are we encouraging employees to share their concerns about vulnerabilities?
- Have our independent auditors approved our internal controls for cybersecurity?
- Can we test our systems before there’s a problem?
- Have we retained a qualified company to send “Tiger Teams” against our systems/network to try to hack it and exploit its weaknesses?
- Do we have a rapid response plan?
- Are there companies we can retain who will not only help protect our network, but also help us recover from an attack or successful infiltration?
- Do we have a secure backup system/offsite data vault/redundant servers and how long until we are up and running “cleanly” after a serious breach?
- How expensive could a data breach be?
- Are we adequately insured?
- Has the company sufficiently disclosed to investors the risks of a data breach?
- What laws govern our duties to disclose a data breach?
- How much and when must we disclose?
- What are all the risks of disclosure of an event, whether required by law or not?
- What are the litigation risks to management, the Board, shareholders and the company of a successful hack, data theft and/or system failure?
- Can state or federal investigators help us?
- Are we waiving any legal protections/privileges by disclosing or working with government entities?
- How do we preserve those legal protections/privileges and still do what we need to do?
- What can outside counsel offer the company?
Sheppard Mullin has significant experience in dealing with cybersecurity and privacy issues, both from a legal standpoint and from a data processing/technical standpoint. In addition, Sheppard Mullin has been identifying and working with experts whose job it is to prevent these events, others who help deal with these events when they occur and their aftermath, relevant experienced prosecutors and even insurance professionals who have products covering these kinds of losses.
For further information, please contact Bob Rose at (619) 338-6661 or David Geneson at (202) 218-0030.
What’s next for the Federal Rules of Civil Procedure Amendments
On this edition of The ESI Report, Kroll Ontrack’s Attorney and Director of Thought Leadership Michele Lange discusses the proposed amendments of the Federal Rules of Civil Procedure (FRCP) and what effects they will have on e-discovery with Thomas Allman.
Allman works as an attorney and a consultant, as well as an adjunct professor for the University of Cincinnati College of Law. He writes and speaks frequently on the interrelationship of corporate compliance policy and the effective management of electronically stored information. He has been involved in the FRCP Amendments since the last round of changes in 2006.
Lange and Allman will cover the basic rule changes, when they will be brought to public forum for comment, and how you can get involved. You can access an explanation of the amendments on Kroll Ontrack’s The E-Discovery Blog.
Allman works as an attorney and a consultant, as well as an adjunct professor for the University of Cincinnati College of Law. He writes and speaks frequently on the interrelationship of corporate compliance policy and the effective management of electronically stored information. He has been involved in the FRCP Amendments since the last round of changes in 2006.
Lange and Allman will cover the basic rule changes, when they will be brought to public forum for comment, and how you can get involved. You can access an explanation of the amendments on Kroll Ontrack’s The E-Discovery Blog.
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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
Sunday, September 29, 2013
Private Prisons, Profits, and Prisoners’ Rights
On this edition of Lawyer2Lawyer host Bob Ambrogi discusses private prisons with Susan Herman, president of the American Civil Liberties Union (ACLU), and Adrian Moore, vice president of the Reason Foundation, a non-profit in support of libertarian principles and privatization.
Susan Herman was elected president of the ACLU in October 2008. As Centennial Professor of Law at Brooklyn Law School, she teaches courses in the area of Criminal Law and Procedure and Constitutional Law. The ACLU has been studying and protesting against private prisons as a for-profit business for decades.
Dr. Adrian Moore is vice president of policy at the Reason Foundation. He has conducted studies, written publications and scholarly articles on the privatization of prisons and how they yield quality corrections at a lower cost. He has served on boards and commissions developing or overseeing privatization at the federal, state, and local level.
Tune in to hear Herman and Moore debate and discuss the colossal incarceration rate, the profit motives of private prisons, the politics behind it all, and the impact on prisoners’ rights.
Special Thanks to our sponsor, Clio.
Susan Herman was elected president of the ACLU in October 2008. As Centennial Professor of Law at Brooklyn Law School, she teaches courses in the area of Criminal Law and Procedure and Constitutional Law. The ACLU has been studying and protesting against private prisons as a for-profit business for decades.
Dr. Adrian Moore is vice president of policy at the Reason Foundation. He has conducted studies, written publications and scholarly articles on the privatization of prisons and how they yield quality corrections at a lower cost. He has served on boards and commissions developing or overseeing privatization at the federal, state, and local level.
Tune in to hear Herman and Moore debate and discuss the colossal incarceration rate, the profit motives of private prisons, the politics behind it all, and the impact on prisoners’ rights.
Special Thanks to our sponsor, Clio.
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NLRB "recess" appointments were unconstitutional; Board lacked a quorum
Noel Canning v. NLRB (DC Cir 01/25/2013)
The DC Circuit this morning held that the President's attempt to make "recess" appointments of three NLRB Members was invalid under the constitution.
On February 8, 2012 the Board issued its decision finding that the employer violated the NLRA by refusing to reduce to writing and execute a collective bargaining agreement reached with Teamsters Local 760. At that time the Board purportedly had five members. Two of these had been confirmed by the Senate. Three of these were appointed on January 4, 2012, purportedly pursuant to the constitution's recess clause.
At the time of the President’s purported recess appointments, the Senate was operating pursuant to a unanimous consent agreement, which provided that the Senate would meet in pro forma sessions every three business days from December 20, 2011, through January 23, 2012. The DC Circuit held that "recess" appointments must occur during an "intersession" recess of the Senate, that is to say, the period between sessions of the Senate when the Senate is by definition not in session and therefore unavailable to receive and act upon nominations from the President.
Because the appointments were invalid, the Board lacked a quorum (three Members) and its order was "void."
Lots of chatter from all over:
- New York Times
- Wall Street Journal
- Workplace Prof Blog
- New York Labor and Employment Law Report
- Faculty Lounge
- Jottings by an Employer's Lawyer
- SCOTUSblog
- Employment Law Watch
Source: http://www.lawmemo.com/blog/2013/01/nlrb_recess_app_1.html
2013 ABA Legal Technology Survey Report: Has Virtual Lawyering Declined?
This year’s ABA Legal Technology Survey Report found a slight (from seven to five percent) decline in virtual lawyering. This spurred the discussion of: What, exactly, is virtual lawyering? What is the growth potential in this type of practice? and, Is it a viable business model for lawyers? On this episode of The Digital Edge, co-hosts Sharon D. Nelson, Esq. and Jim Calloway chat with Bob Ambrogi about the survey results, virtual and online lawyering, and how although clients may be ready for these e-services, lawyers may not be.
Bob Ambrogi is the co-host of Legal Talk Network’s legal-affairs podcast Lawyer2Lawyer. He authors the blog LawSites, where he posts new and intriguing websites and e-tools for the legal profession, and the blog Media Law, covering freedom of the press. He is a Massachusetts lawyer, writer, and media consultant.
Bob Ambrogi is the co-host of Legal Talk Network’s legal-affairs podcast Lawyer2Lawyer. He authors the blog LawSites, where he posts new and intriguing websites and e-tools for the legal profession, and the blog Media Law, covering freedom of the press. He is a Massachusetts lawyer, writer, and media consultant.
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The Fiscal Cliff Impact
As we approach the end of 2012, the nation waits on news regarding the “fiscal cliff” and whether a compromise can be reached on Capitol Hill. What exactly is the “fiscal cliff” and what are the possible resolutions? On this Ringler Radio podcast, host Larry Cohen joins colleague and co-host, Rich Ryan and guest, Dr. Christopher Coyne, Economist and Associate Professor of Finance at St. Joseph’s University, to talk about the potential impact of the fiscal cliff and the security of structured settlements.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/12/the-fiscal-cliff-impact/
$10 Million Gift Means Full Scholarships at Chicago Law
Financier and philanthropist David Rubenstein has given $10 million to his alma mater to support as many as 60 full-ride scholarships during the next three years.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202621026262&rss=rss_nlj
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Communicating with Clients
On The Paralegal Voice host Vicki Voisin welcomes guest Beverly Michaelis, president of Oregon Law Practice Management, to talk about the changes in lawyer-client communication since the Internet, and how lawyers can best communicate with their clients. Michaelis is a member of the Oregon Trial Lawyers Association, Oregon State Bar, and American Bar Association. She also has more than experience in the legal field as a lawyer and legal assistant.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/03/communicating-with-clients/
Nourishing Creativity with Constraints
Hosts Dennis Kennedy and Tom Mighell are exploring a new social media outlet called Vine where users create videos, constricted to six-seconds in length. This inspired the discussion of nourishing creativity with a length constraint. Twitter limits users to 140 characters, Instagram allows only one photo per post, and Snapchat limits users to sending a photo for 10 seconds or less before it disappears from both the sender and the recipient’s device. On this episode of Kennedy Mighell report, your hosts will discuss how technology constraints can produce surprising results for lawyers, whether they participate in social media or not.
Source: http://legaltalknetwork.com/podcasts/2013/04/nourishing-creativity-with-constraints
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Paralegals and Microsoft Office Suite
How well-versed should paralegals and and paralegal students be in Microsoft Office Suite? Paralegal Voice co-host Vicki Voisin welcomes Deborah Savadra who blogs at LegalOfficeGuru.com, to take a look at the skills most legal employers expect and how paralegals can master those skills, and the resources available for improving skills. Deborah also shares her top tips for Word and Outlook, as well as her favorite technology tools.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/08/paralegals-and-microsoft-office-suite/
Saturday, September 28, 2013
Getting to Yes: Advice for Legal Entrepreneurs from a Venture Capitalist
In the September edition of Law Technology Now, attorney Monica Bay, editor-in-chief of ALM's Law Technology News, interviews Robert Siegel, general partner at Xseed Capital about how Silicon Valley is becoming a hot bed of legal technology startups. With two major Bay Area universities — Stanford and the University of California Berkeley, both with strong synergies among their law schools and computer, engineering, and design departments — innovative law firms and venture capitalists are ready to collaborate, and the sky is the limit, says Siegel.
He explains how these dynamics combine to create opportunities for legal technology lawyers and vendors, and financiers, and how collaborations can result in companies like Lex Machina. They are creating technology products that ultimately help not just the legal community (lawyers, government, academia, and business) do better, faster, and cheaper work, but benefit consumers and businesses, as well. And for innovators and entrepreneurs, he offers concrete advice about how to best approach venture capitalists to successfully get them to yes.
He explains how these dynamics combine to create opportunities for legal technology lawyers and vendors, and financiers, and how collaborations can result in companies like Lex Machina. They are creating technology products that ultimately help not just the legal community (lawyers, government, academia, and business) do better, faster, and cheaper work, but benefit consumers and businesses, as well. And for innovators and entrepreneurs, he offers concrete advice about how to best approach venture capitalists to successfully get them to yes.
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This Law Wants To Save Teens' Reputations, But Probably Won't
By 2015, Facebook and other social networking sites will have to allow California minors to delete embarrassing posts. But the law is riddled with loopholes, and teens won't be protected any more than they already are.
$10M Gift to U. of Chicago Law School Will Fund Full Scholarships
Financier and philanthropist David Rubenstein has given $10 million to his alma mater to support as many as 60 full-ride scholarships during the next three years.
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Fake Reviewers Get Zero Stars From New York Attorney General
Nineteen companies agreed to pay more than $350,000 in penalties to settle accusations that they wrote or bought phony online reviews of their products, services or restaurants.
Gone Clio with Attorney Anthony Reeves
On this edition of Gone Clio, Clio co-founder Jack Newton talks with special guest, Anthony Reeves of the Reeves Law Firm. Anthony talks about cloud computing and security, flexibility of using Clio for his practice and the role Internet access plays in serving his clients.
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/10/gone-clio-with-attorney-anthony-reeves/
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Hot Coffee and our Civil Justice System
An elderly woman, Stella Liebeck, buys coffee at a McDonald’s drive-thru, spills it on her lap, sues and wins. This case caused quite the controversy, but also contributed to some dramatic changes in the law. On Ringler Radio, host Larry Cohen and co-host, Nolan Robinson, chat with Susan Saladoff, the producer and director of the documentary, Hot Coffee. Susan gives us the real story behind this notorious coffee case, talks tort reform, frivolous lawsuits and caps on damages and shares some other examples of how individuals are not getting a fair shake in this current civil justice system.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/09/hot-coffee-and-our-civil-justice-system/
UN inspecting additional Syria chemical attacks
[JURIST] The UN said Friday that inspectors returned to Syria on Wednesday to investigate seven chemical weapon attacks, including three that occurred after the August 21 incident in Damascus [JURIST report]. The investigation is set to be finished by Monday, followed by a separate visit by the Organisation for the Prohibition of Chemical Weapons (OPCW) [official website]. The OPCW will inspect Syria's chemical weapon stockpile. On Friday evening the OPCW will vote on a draft agreement which will be incorporated...
Source: http://jurist.org/paperchase/2013/09/un-inspecting-additional-syria-chemical-attacks.php
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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/
Friday, September 27, 2013
Liability After Facebook’s IPO
Facebook’s super-hyped IPO quickly turned into Wall Street folly. Lawsuits were filed almost immediately. Accusations of selective financial disclosure, investor deception and NASDAQ negligence are flying. So who is to blame? And who is liable? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the legal story of Facebook’s botched IPO and pending litigation from John P. ("Sean") Coffey, Managing Director at BlackRobe Capital Partners, and Scott M. Berman, Partner at Friedman Kaplan Seiler & Adelman.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/liability-after-facebooks-ipo/
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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.
Accelerate Your Use of Metrics
Corporate law departments want to improve their use of data and reporting to make smarter, more strategic business decisions - the question is, "how?" In this edition of Tech Experts, join Rashad Porter, Director of Business Intelligence Strategy & Solutions at Datacert, for a discussion of the Legal Business Intelligence Maturity Model. Rashad uses this tool to help you realistically evaluate where your department’s reporting stands now and outline actionable steps you can take towards becoming more strategic in your use of metrics to manage.
Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/08/accelerate-your-use-of-metrics/
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Federal judge expands Ohio same-sex marriage challenge to other couples
[JURIST] A judge for the US District Court for the Southern District of Ohio [official website] on Wednesday expanded a lawsuit seeking the recognition of same-sex spouses on death certificates. Judge Timothy Black ruled in July and September [JURIST reports] that the surviving same-sex spouses of two decedents should be listed as spouses on death certificates because their marriages were valid under the laws of the states where they were performed. Those two orders limited the scope of precedent to...
United States v. Windsor Creates New Estate Planning Opportunities For Married Same-Sex Couples
The recent United States Supreme Court ruling in United States v. Windsor invalidated Section 3 of the Defense of Marriage Act, which had defined marriage as a union between a man and a woman. The ruling greatly expands the estate planning techniques available for married same-sex couples who live in a state like California that recognizes same-sex marriage. These include:
- Marital Deduction Planning. Married couples may make unlimited transfers to each other, either during life or at death, without being subject to federal gift or estate tax.
- Portability. Subject to certain elections and restrictions, a surviving spouse’s estate tax exemption is now the combination of the surviving spouse’s own estate tax exemption plus the deceased spouse’s unused estate tax exemption. Upon the surviving spouse’s later death, his or her estate will be subject to the 40% estate tax only to the extent the estate exceeds that combined exemption.
- Gift Splitting. A spouse with significant separate property can take advantage of his or her spouse’s annual exclusion from gift tax, allowing the wealthier spouse to make gift-tax free transfers to any third party up to $28,000. A gift tax return must be filed to elect the “gift splitting,” but no gift tax will be payable.
- Company Retirement Plans And IRAs. For “qualified” plans, spouses have a special right to be the sole beneficiary of these plans. A surviving spouse also may take advantage of the spousal rollover rules, which may permit delayed withdrawals of retirement funds.
- Potential Tax Refunds. Married same-sex couples should consult with their tax advisor regarding whether to file amended or protective income, gift and estate tax returns.
Other items to consider:
- Life Insurance Planning. As an alternative to single life policies, “second-to-die” policies may be more appropriate to help ease the burden of estate tax on the second death.
- Community Property Benefits. Couples who live in California or another community property state may wish to retitle assets to community property to receive a full step-up in income tax basis of the entire asset after the death of the first spouse.
Even if the Windsor decision does not apply to you, it is important that you review your estate plan in light of the “permanent” transfer tax relief passed by Congress earlier this year.
For further information, please contact Lauren Liebes (213-617-5444, lliebes@sheppardmullin.com).
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Chat with Two National Leaders of the Workers' Comp Bar
On the May edition of Workers’ Comp Matters Host and Attorney Alan Pierce talks with two highly-respected guests in the field of workers’ compensation attorneys. The first half of the show he will speak with President of the Workers’ Injury Law and Advocacy Group (WILG) Cathy Stanton regarding proposed Federal legislation reforming the law regarding the Medicare Set-aside requirements as well as the recently enacted SMART Act.
Cathy Stanton is an attorney with experience in dealing with all types of workers’ compensation claims, including those related to occupational diseases. In addition to being the president of WILG, she is also a member of the New York State Trial Lawyers Association and other organizations. Stanton has been named Super Lawyer for 2012 in the specialty of Workers’ Compensation by Super Lawyers magazine, this is her 6th time receiving the award.
The second half of the show Pierce will chat with Deborah Kohl, past president of WILG, and current president of The College of Workers’ Compensation Lawyers about the college and it’s efforts.
Deborah Kohl has been an attorney working in the area of workers’ compensation and disability law for more than 30 years. Kohl has been listed in the national publication Best Lawyers in America and is a frequent author and speaker on workers’ compensation law.
Cathy Stanton is an attorney with experience in dealing with all types of workers’ compensation claims, including those related to occupational diseases. In addition to being the president of WILG, she is also a member of the New York State Trial Lawyers Association and other organizations. Stanton has been named Super Lawyer for 2012 in the specialty of Workers’ Compensation by Super Lawyers magazine, this is her 6th time receiving the award.
The second half of the show Pierce will chat with Deborah Kohl, past president of WILG, and current president of The College of Workers’ Compensation Lawyers about the college and it’s efforts.
Deborah Kohl has been an attorney working in the area of workers’ compensation and disability law for more than 30 years. Kohl has been listed in the national publication Best Lawyers in America and is a frequent author and speaker on workers’ compensation law.
The Eureka Moment: How Big Law Has Learned to Love Legal Practice Management
In this September edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Dechert’s Colleen Nihill, firm wide director of project management and Anthony Licata, chief financial officer, and Kim Craig, director of project management office at Seyfarth Shaw, to discuss how Big Law is adopting legal project management, especially in the context of alternative fee agreements. All three were featured in Law Technology News’ current cover story, "The Eureka Moment."
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Demythologizing the Mythical Paperless Office
For many years, lawyers have chased after the holy grail of the paperless office. While the basic techniques and strategies have largely stayed the same and the technology and tools have gotten better, most lawyers and firms have not attained the elusive goal of a “paperless” office. Is the goal simply unachievable or is it just too hard to execute on what it takes to achieve the goal? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the history and current state of paperless office efforts, approaches that might (or might not) work for you, and whether the end of paper is within sight. The second half of the episode will cover Georgetown University's new "Iron Tech" Contest where students create a new application, platform, or system to improve access to justice and/or legal representation.
Thursday, September 26, 2013
Missing Box on Verdict Form Means Retrial for Defendant
A money-laundering conspiracy defendant will be tried for the fourth time because his latest verdict form had no place for jurors to mark guilty or not guilty.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202620717188&rss=rss_nlj
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Ashurst Completes Aussie Takeover Of the Former Blake Dawson
A down-under law firm merger in the works since 2011 is set to go live in November, in the latest combination to produce a big global law firm.
Top Legal Blogs & State of the Blawg-osphere in 2013
There seems to be a resurgence in law-related blogging. But which blogs will have a significant impact on your practice this year? In this episode Dennis and Tom discuss recently-published lists of notable blogs, briefly chat about Dennis’s own “Blawggie Awards” and share their recommended blogs, why they enjoy them and how they might affect your practice. Dennis and Tom will also share their own, personal technology resolutions for 2013 and as always, give their parting shots… that one tip, website or observation you can start using immediately after this podcast.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/02/best-legal-blawgs-blawgosphere/
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Fourth Circuit Rejects Ban on Alcohol Ads in College Papers
A divided Fourth Circuit panel said Virginia's ban on alcohol advertisements in college newspapers violates the First Amendment. The dissenting judge called the regulation a "minor limitation" that is "part of a comprehensive plan to address a very serious problem."
TAR Update: Precision, Recall, F-measure & Kleen Products Revisited
The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Ralph Losey, Partner at Jackson Lewis, as they take an in-depth look at how lawyers and experts are leveraging information science in arguments regarding the effectiveness of Technology Assisted Review, keyword search and everything in-between. In addition, on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman revisits Kleen Products v. Packaging Corp. of America.
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Officer Safety and Second Hand Smoke
Via John Wesley Hall at Fourth Amendment, a decision out of the 10th Circuit that puts an end to the pressing question of whether second hand smoke presents a sufficient justification to circumvent the 4th Amendment and enter a home without a warrant. Lest you think this is too ridiculous to be worthy of consideration, bear in mind this is on appeal, the district court having denied suppression.
In United States v. Mongold, Special Agent Ashley Stephens (who apparently is male) of the Bureau of Alcohol, Tobacco, and Firearms (“ATF”) was investigating Claudia Moore, whom she knew to be a felon from prior dealings, for drug dealing. After conducting observations, she, together with three other agents, went to Moore's apartment to conduct a "knock and talk," since she lacked probable cause to get a warrant.
© 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.
In United States v. Mongold, Special Agent Ashley Stephens (who apparently is male) of the Bureau of Alcohol, Tobacco, and Firearms (“ATF”) was investigating Claudia Moore, whom she knew to be a felon from prior dealings, for drug dealing. After conducting observations, she, together with three other agents, went to Moore's apartment to conduct a "knock and talk," since she lacked probable cause to get a warrant.
Aside: For those unaware, a "knock and talk" is a means of circumventing the warrant requirement by relying on submission to the shield, lies, fear and the possibility that the agents might either see or cause something to happen to give rise to an exception to the warrant requirement that would allow them to enter a home. And yes, it's been held to be perfectly lawful since anyone, cop or Fuller Brush salesman, can knock on your door and say "hi." Or scream "police", as the case may be.According to the testimony, Stephens heard "scurrying and shuffling" inside the apartment upon her knocking on the door, "which immediately caused us concern." A male voice asked who it was, and after he responded "police," there were "loud movements" and a "short delay" before Mongold opened the door. That's when the bad stuff happened.
After the delay, Mr. Mongold, who had been living in the home for several months, opened the door. Agent Stephens smelled marijuana and recognized what he believed were prison tattoos on Mr. Mongold. Agent Stephens asked for Ms. Moore. Mr. Mongold told him that he would go get her and turned to walk to the back of the house to find her. The officers followed him inside even though they did not have permission to enter the house.
Once inside, they saw ammunition. Knowing that Moore was a prior felon, possession of ammunition was a crime, and it went downhill from there. Mongold, Moore and her two adult children subsequently consented to a search of the place, which found drugs and guns.
The defendant moved to suppress before the district court, based on the initial warrantless entry. The government's argument below was that the smell of marijuana, combined with the "prison tats" on Mongold's arm, suggesting that he too was a felon, created a justifiable fear of officer safety, which allowed for Stephens to enter for a protective sweep. The court below also held the entry justified under exigent circumstances to preserve evidence.
The Circuit wasn't as impressed. While the court acknowledged that the smell of marijuana is accepted as a basis to believe there is pot inside, it merely gives rise to a belief that it's basic possession of marijuana.
But that wasn't the only argument. There remained their deep concern for the safety from the smell (yes, I'm being facetious calling it "second hand smoke," because it's unclear whether the smell is smoke or fresh pot, and the opinion really has nothing to do with the second-hand smoke aspect in any event).Based on the foregoing, if marijuana possession is the only crime for which the officers in this case had probable cause, the exigency exception for destruction of evidence should not apply because marijuana possession is not a serious crime.
Even the use of cool active verbs ("scurrying"), curious descriptors ("loud movements") and expressions of deep concern reflecting both the terrible, life-and-death dangers of conducting a "knock and talk" to circumvent the Constitution, didn't sway the court. Instead, the court reached the conclusion of remarkably wisdom: An idea so radical, so outlandish, that it never occurred to either the agents or the prosecutors: walk away. While this might make for good fodder to be chiseled into the lintels over courthouses everywhere, the bad news is that the opinion, while persuasive, is not precedential: At the suppression hearing, Agent Stephens argued that he feared for his and the other officers' safety because the home's owner, Ms. Moore, was a known felon, and he suspected Mr. Mongold was a felon as well, based on his "prison tattoos."
Officer safety is not an alternative ground to affirm because the first element of the test is dispositive. The Government presented no evidence that the officers had "reasonable grounds to believe that there [was] immediate need to protect their lives or others." Before entering the home, the officers had not seen a weapon or any other indication of heightened danger. They could most easily have protected the officers' safety by leaving Ms. Moore's home, not by entering it.
This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value.
This, of course, means that the next time a second-hand smoke case arises, the district judge may not be willing to adopt such a radical concept as expecting the agents to walk away rather than conduct a warrantless search of a home after smelling marijuana or seeing prison tats, because they're very scary to agents.
And don't discount the possibility that if the odor was of burning pot, the agents would be authorized to break down the door to protect themselves from the second hand smoke. Truth is, this opinion doesn't preclude such a holding at all. It could still happen.
© 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/2013/07/13/officer-safety-and-second-hand-smoke.aspx?ref=rss
Sculptor Awarded $685,000 Over Infringing Stamp Design
The sculptor of the Korean War Veterans Memorial is entitled to nearly $685,000 in damages from the U.S. Postal Service's unauthorized use of his copyrighted design on a stamp.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202620504515&rss=rss_nlj
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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/
Wednesday, September 25, 2013
Child Sexual Abuse Litigation in the Los Angeles United School District
School should be a safe environment for our children, but in a shocking case in Los Angeles, California, Forrest Stobbe, a teacher at Queen Anne Elementary School, pleaded no contest to continuous sexual abuse of a child. As multiple other claims involving Latino children are revealed in LAUSD, calls for further investigation are underway In this podcast, Ringler Radio host Larry Cohen along with co-host, Manny J. Valdez, Jr. and guest, Stephen J. Estey, founding partner of Estey & Bomberger LLC, and a legal champion for sexually abused children, take a look at these disturbing cases, the school district's liability and the quest to protect our children.
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Johnson will step down as chief of appeals court next month
Court of Appeals Chief Judge Matthew Johnson will not seek reappointment as chief when his term ends on Oct. 31, Gov. Mark Dayton announced today. Johnson will remain on the court.
The governor issued the following statement: “Throughout his career, Judge Matthew Johnson has displayed an admirable commitment to public service and our system of justice. I thank him for his outstanding leadership during his term as Chief Judge of the Minnesota Court of Appeals. I look forward to his continuing service on the Court of Appeals.”
Johnson was appointed chief judge by Gov. Tim Pawlenty Nov. 1, 2010.
Dayton said he will promptly undertake the appointment of a new chief judge.
Source: http://minnlawyer.com/minnlawyerblog/2013/09/13/johnson-will-step-down-as-chief-of-appeals-court/
2013 ABA Legal Technology Survey Report: Has Virtual Lawyering Declined?
This year’s ABA Legal Technology Survey Report found a slight (from seven to five percent) decline in virtual lawyering. This spurred the discussion of: What, exactly, is virtual lawyering? What is the growth potential in this type of practice? and, Is it a viable business model for lawyers? On this episode of The Digital Edge, co-hosts Sharon D. Nelson, Esq. and Jim Calloway chat with Bob Ambrogi about the survey results, virtual and online lawyering, and how although clients may be ready for these e-services, lawyers may not be.
Bob Ambrogi is the co-host of Legal Talk Network’s legal-affairs podcast Lawyer2Lawyer. He authors the blog LawSites, where he posts new and intriguing websites and e-tools for the legal profession, and the blog Media Law, covering freedom of the press. He is a Massachusetts lawyer, writer, and media consultant.
Bob Ambrogi is the co-host of Legal Talk Network’s legal-affairs podcast Lawyer2Lawyer. He authors the blog LawSites, where he posts new and intriguing websites and e-tools for the legal profession, and the blog Media Law, covering freedom of the press. He is a Massachusetts lawyer, writer, and media consultant.
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Wal-Mart Wins Another Round in Pay Discrimination Litigation
A Miami federal judge has handed Wal-Mart another victory against women employees alleging pay discrimination by the retailer, saying that the class was trying to improperly "piggyback" on a lawsuit dismissed by the U.S. Supreme Court last year.
Panel Proposes Changes to White Collar Law
If a group of influential prosecutors, defense attorneys and law professors in New York have their way, the theft of computerized trading code on Wall Street could carry significantly higher prison time.
Source: http://blogs.wsj.com/law/2013/09/24/panel-proposes-changes-to-white-collar-law/?mod=WSJBlog
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Chat with Two National Leaders of the Workers' Comp Bar
On the May edition of Workers’ Comp Matters Host and Attorney Alan Pierce talks with two highly-respected guests in the field of workers’ compensation attorneys. The first half of the show he will speak with President of the Workers’ Injury Law and Advocacy Group (WILG) Cathy Stanton regarding proposed Federal legislation reforming the law regarding the Medicare Set-aside requirements as well as the recently enacted SMART Act.
Cathy Stanton is an attorney with experience in dealing with all types of workers’ compensation claims, including those related to occupational diseases. In addition to being the president of WILG, she is also a member of the New York State Trial Lawyers Association and other organizations. Stanton has been named Super Lawyer for 2012 in the specialty of Workers’ Compensation by Super Lawyers magazine, this is her 6th time receiving the award.
The second half of the show Pierce will chat with Deborah Kohl, past president of WILG, and current president of The College of Workers’ Compensation Lawyers about the college and it’s efforts.
Deborah Kohl has been an attorney working in the area of workers’ compensation and disability law for more than 30 years. Kohl has been listed in the national publication Best Lawyers in America and is a frequent author and speaker on workers’ compensation law.
Cathy Stanton is an attorney with experience in dealing with all types of workers’ compensation claims, including those related to occupational diseases. In addition to being the president of WILG, she is also a member of the New York State Trial Lawyers Association and other organizations. Stanton has been named Super Lawyer for 2012 in the specialty of Workers’ Compensation by Super Lawyers magazine, this is her 6th time receiving the award.
The second half of the show Pierce will chat with Deborah Kohl, past president of WILG, and current president of The College of Workers’ Compensation Lawyers about the college and it’s efforts.
Deborah Kohl has been an attorney working in the area of workers’ compensation and disability law for more than 30 years. Kohl has been listed in the national publication Best Lawyers in America and is a frequent author and speaker on workers’ compensation law.
Midwestern Merger Madness: Stinson Leonard Street
- Mark Hinderks, managing partner of Stinson Morrison Hecker
Source: http://blogs.wsj.com/law/2013/09/22/midwestern-merger-madness-stinson-leonard-street/?mod=WSJBlog
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Post DOMA and Prop 8 Rulings: The Next Move for Gay Rights
With the Supreme Court’s Prop 8 and DOMA rulings, same-sex marriage is now legal in California and same-sex married couples can receive federal benefits across the nation. These landmark decisions for gay rights have sparked the question: is nationwide marriage equality on the way? On this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams will talk with Constitutional Law Professors Mark Tushnet and William Eskridge about what the history of both the gay rights and the civil rights movements have to say for the future of gay rights in America.
• Harvard Law Professor Mark Tushnet specializes in constitutional law and theory, with a focus in examining the practice of judicial review in the U.S. and worldwide. He has served as a law clerk to Justice Thurgood Marshall. Currently, his focus is in constitutional history and the development of civil liberties. He is known for his critical and controversial analysis of Supreme Court rulings, including Brown v. The Board of Education and Roe v. Wade.
• William Eskridge, Yale Law Professor, focuses in statutory interpretation. He represented a same-sex-married couple from 1990-1995 who sued for recognition of their marriage and has published many books covering the political framework of gay rights. The historical component of his book GayLaw was the basis of an amicus brief he drafted for the Cato Institute and for much of the Court’s (and dissenting opinion’s) analysis in Lawrence vs. Texas, the decision which made same-sex sexual activity legal in every U.S. state.
These law professors will provide unique insight to the future of gay rights through their knowledge and experience with Supreme Court rulings and civil liberties movements.
Thanks to our sponsor, Clio.
• Harvard Law Professor Mark Tushnet specializes in constitutional law and theory, with a focus in examining the practice of judicial review in the U.S. and worldwide. He has served as a law clerk to Justice Thurgood Marshall. Currently, his focus is in constitutional history and the development of civil liberties. He is known for his critical and controversial analysis of Supreme Court rulings, including Brown v. The Board of Education and Roe v. Wade.
• William Eskridge, Yale Law Professor, focuses in statutory interpretation. He represented a same-sex-married couple from 1990-1995 who sued for recognition of their marriage and has published many books covering the political framework of gay rights. The historical component of his book GayLaw was the basis of an amicus brief he drafted for the Cato Institute and for much of the Court’s (and dissenting opinion’s) analysis in Lawrence vs. Texas, the decision which made same-sex sexual activity legal in every U.S. state.
These law professors will provide unique insight to the future of gay rights through their knowledge and experience with Supreme Court rulings and civil liberties movements.
Thanks to our sponsor, Clio.
Tuesday, September 24, 2013
Surviving the Workplace Transition – Tips from NALA
On this edition of The Paralegal Voice, co-host Vicki Voisin welcomes Elizabeth H. Nellis, ACP and Beverly A. Pace, ACP from NALA to discuss tips for transitioning into the legal workplace and how to survive once you are there. Is what you are wearing working against your chance at a job? Listen in as they go over common first-day mistakes and pitfalls you can avoid.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/02/school-workplace-transition-nala/
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Senate Seeks to Avoid Chicago Court Fight Over NSA Surveillance
Sen. Dianne Feinstein’s public remarks citing a Chicago terror arrest to defend a far-reaching National Security Agency surveillance program were not meant to suggest that the program helped catch the suspect, according to a lawyer for the Senate.
Statements made by Ms. Feinstein (D., Calif.) in late 2012 cited the plot charges against Adel Daoud as one of the reasons fellow lawmakers should renew congressional authorization for broad NSA collection of Internet traffic.
Mr. Daoud has pleaded not guilty and his lawyer, Thomas Durkin, said in court documents that the senator’s statements show, contrary to prosecutors' assertions. . . . .
Statements made by Ms. Feinstein (D., Calif.) in late 2012 cited the plot charges against Adel Daoud as one of the reasons fellow lawmakers should renew congressional authorization for broad NSA collection of Internet traffic.
Mr. Daoud has pleaded not guilty and his lawyer, Thomas Durkin, said in court documents that the senator’s statements show, contrary to prosecutors' assertions. . . . .
Pussy Riot member launches hunger strike to protest prison conditions
[JURIST] A member of the Russian feminist rock group Pussy Riot [RASPI backgrounder; JURIST news archive], Nadezhda Tolokonnikova, launched a hunger strike [letter] Monday in protest of living conditions and death threats from the deputy head of the prison in which she is serving her two-year sentence. Tolokonnikova wrote an open letter [Guardian report] detailing life inside the prison colony, stating that the prisoners work up to 17 hours a day and get four hours of sleep per night. She...
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Social Media and Lawsuits
From "tweets" to Facebook status updates, social media has taken over how we communicate with the outside world. It has also become a large part of our legal system. Social media is now considered key evidence in both criminal cases and civil lawsuits. Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi examine the surge in social media-based evidence and claims in litigation, as well as the importance of educating attorneys on the ins and outs of social media with Attorney Antigone Peyton, Founder and CEO of Cloudigy® Law, PLLC and Attorney Ernest Svenson, solo attorney and blogger.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/social-media-and-lawsuits/
Experience User-Friendly Systems
Good usability and user interface design are keys to ensuring that law department staff embrace your department’s technology investments. In this edition of Tech Experts, join usability expert, Yusuke Morita, Associate Principal Developer at Datacert, for a window into the thought process behind the design of a really user-friendly application. Learn what design elements create "ease-of-use" so you can better identify systems your staff will readily adopt and enjoy using.
Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/10/experience-user-friendly-systems/
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NLRB "recess" appointments were unconstitutional; Board lacked a quorum
Noel Canning v. NLRB (DC Cir 01/25/2013)
The DC Circuit this morning held that the President's attempt to make "recess" appointments of three NLRB Members was invalid under the constitution.
On February 8, 2012 the Board issued its decision finding that the employer violated the NLRA by refusing to reduce to writing and execute a collective bargaining agreement reached with Teamsters Local 760. At that time the Board purportedly had five members. Two of these had been confirmed by the Senate. Three of these were appointed on January 4, 2012, purportedly pursuant to the constitution's recess clause.
At the time of the President’s purported recess appointments, the Senate was operating pursuant to a unanimous consent agreement, which provided that the Senate would meet in pro forma sessions every three business days from December 20, 2011, through January 23, 2012. The DC Circuit held that "recess" appointments must occur during an "intersession" recess of the Senate, that is to say, the period between sessions of the Senate when the Senate is by definition not in session and therefore unavailable to receive and act upon nominations from the President.
Because the appointments were invalid, the Board lacked a quorum (three Members) and its order was "void."
Lots of chatter from all over:
- New York Times
- Wall Street Journal
- Workplace Prof Blog
- New York Labor and Employment Law Report
- Faculty Lounge
- Jottings by an Employer's Lawyer
- SCOTUSblog
- Employment Law Watch
Source: http://www.lawmemo.com/blog/2013/01/nlrb_recess_app_1.html
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/
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Virtual Staffing: Implementation and Management
On this edition of The Legal Toolkit, host Jared Correia talks with Chad Burton about how to use virtual staff in your law practice. Burton’s law firm employs virtual staffing services to manage its phones, accounting, documents and secure email. Chad covers the use of virtual staff to assist in other areas, as well, including: managing social media channels, making travel arrangements, creating presentations, and more.
Burton is the founder of Burton Law, a virtual law firm which focuses on representing businesses and individuals in litigation matters. He also serves as outside general counsel to small and mid-sized businesses, including new and existing franchises. He is a leading member of both the Dayton Bar Association and the Ohio State Bar Association. He is also a member of the American Bar Association.
Virtual staffing saves Burton Law a significant amount of overhead costs, and those cost savings are passed along to its clients. Tune in to hear more on virtual staffing, including: what to look for, how to manage the staff, and more.
Burton is the founder of Burton Law, a virtual law firm which focuses on representing businesses and individuals in litigation matters. He also serves as outside general counsel to small and mid-sized businesses, including new and existing franchises. He is a leading member of both the Dayton Bar Association and the Ohio State Bar Association. He is also a member of the American Bar Association.
Virtual staffing saves Burton Law a significant amount of overhead costs, and those cost savings are passed along to its clients. Tune in to hear more on virtual staffing, including: what to look for, how to manage the staff, and more.
Monday, September 23, 2013
Cyber Risk Management for Lawyers
Lawyers hold some of their clients’ most private communications, which makes them a top target of all hackers. As technology competence becomes the required norm, lawyers need to understand not only how to protect their clients’ information but how to react if a cyber attack does happen. On this episode of Digital Detectives, Sharon D. Nelson, Esq. and John W. Simek invite Steven Chabinsky to discuss cyber-risk management for lawyers.
Steven Chabinsky is senior vice president of legal affairs, general counsel, and chief risk officer for the cyber-security-technology firm CrowdStrike. He is also is an adjunct faculty member of George Washington University and the cyber columnist for Security Magazine. Prior to joining CrowdStrike, Chabinsky had a distinguished 17-year career with the FBI, during which he was the top cyber lawyer, then the head of the Cyber Intelligence Section, and ultimately deputy assistant director of the FBI's Cyber Division.
Tune in to hear the major threats law firms are facing, what lawyers should do if their systems are hacked, and the future of cyber threats and cyber security.
Thanks to our sponsor, The Digital WarRoom.
Steven Chabinsky is senior vice president of legal affairs, general counsel, and chief risk officer for the cyber-security-technology firm CrowdStrike. He is also is an adjunct faculty member of George Washington University and the cyber columnist for Security Magazine. Prior to joining CrowdStrike, Chabinsky had a distinguished 17-year career with the FBI, during which he was the top cyber lawyer, then the head of the Cyber Intelligence Section, and ultimately deputy assistant director of the FBI's Cyber Division.
Tune in to hear the major threats law firms are facing, what lawyers should do if their systems are hacked, and the future of cyber threats and cyber security.
Thanks to our sponsor, The Digital WarRoom.
Source: http://legaltalknetwork.com/podcasts/digital-detectives/2013/09/cyber-risk-management-for-lawyers
Bed Bugs Litigation
All across America, from motels to five-star hotels, bed bugs are affecting people both physically and mentally, resulting in lawsuits. These tiny creatures are not only limited to hotels, but can be found virtually anywhere; from apartments, schools, and hospitals, to warehouses, box springs, and mattresses. Ringler Radio host, Larry Cohen joins Ringler colleague and co-host, Ross Duncan and guest, Attorney Daniel W, Whitney, managing partner of Whitney & Bogris, LLP, as they take a look at the impact of bedbugs, the preventive measures to help avoid them, as well as some of the litigation that's risen up to combat the problem.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/08/bed-bugs-litigation/
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