Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/04/a-discussion-of-post-grant-review/
Thursday, January 24, 2013
A Discussion of Post Grant Review
Scott McKeown, partner and co-director of the Post Grant Practice Group at Oblon Spivak, discusses post grant review. Learn more about Mr. McKeown at http://bit.ly/GGUcmu.
Mid-year union dues increase: Hudson notice required, opt-in not opt-out
The US Supreme Court this morning held that "when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."
Knox v. Service Employees Intl Union (US Supreme Ct 06/21/2012)
This is a remarkable decision for two reasons.
First, the Court has never before held that unions must issue a Hudson notice before changing the amount of dues. Hudson notices have always been based on an after-the-fact look-back based on the previous year's audited accounts.Second, the Court has never before held that unions cannot collect fees from nonmembers unless they affirmatively opt in. The Hudson notice system has always been based on the idea that nonmembers can get an after-the-fact refund.
The union representing California public sector employees has an agency shop agreement which requires nonmembers to pay an annual fee for "chargeable" expenses - nonpolitical costs related to collective bargaining. In June 2005 the union sent out its annual Hudson notice which estimated that chargeable expenses would be 56.35% of its total expenditures. After the 30-day period that nonmembers had to object, the union announced a 25% increase to fund a broad range of political expenses, but nonmembers were given no choice as to whether they would pay into this fund.
The US Supreme Court held (7-2) that
"when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."
The Court described this case as one involving compelled funding of the speech of other private speakers or groups, which is akin to compelled speech and compelled association. Therefore, it is subject to "exacting First Amendment scrutiny." In order to prevent the union from extracting a loan from unwilling nonmembers, the union must issue a fresh Hudson notice and must exempt nonmembers unless they opt in.
Two Justices, CONCURRING in the judgment, criticized the majority for adopting an opt-in system of fee collection which was "not contained in the questions presented, briefed, or argued."
Two Justices, DISSENTING, pointed out that unions have always been allowed to calculate each year's fee based on its expenses during the previous year. Although an imperfect system, it is not unconstitutional.
Source: http://www.lawmemo.com/blog/2012/06/midyear_union_d.html
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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/
Former Federal Circuit judge joins Wilmer's Boston office
Arthur Gajarsa, a former judge on the U.S. Court of Appeals for the Federal Circuit, has joined Wilmer Cutler Pickering Hale and Dorr as senior counsel to the firm's intellectual property litigation practice in the Boston office.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202585334902&rss=rss_nlj
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LawBiz® Legal Pad On the Road!: Advertising
Ed is often asked how much a law firm should allocate for advertising. The first thing he asks back is, "What is advertising?" Watch this week's clip to learn more.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/RQwq5NfqSbs/
Wednesday, January 23, 2013
Six Hats: Parallel Thinking for Paralegals
Edward De Bono’s, Six Thinking Hats, also known as parallel thinking, is a fun method used in NALA’s year-long leadership webinars for those involved in state and local affiliated associations. On The Paralegal Voice, co-host Vicki Voisin welcomes Karen G. McGee, ACP, President of NALA, as they spotlight De Bono’s method of thinking and share some important tools paralegals can use to facilitate open discussions in a meeting or work situation.
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Predictive Coding: A Rose by Any Other Name
One of e-discovery’s hottest topics today is predictive coding. So what exactly "is" predictive coding? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome guest Dan Gallivan, one of the founders and Chief Technology Officer for Gallivan Gallivan & O’Melia , to discuss technology-assisted review, also known as predictive coding. Dan shares his thoughts on this new technology replacing keyword search, common areas of misunderstanding and Judge Peck’s role as a flag bearer for predictive coding.
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20 Legal Technology Tips in 20 minutes
If you’re looking for the hottest tech tips for lawyers, we’ll make sure your vision is 20/20. The Legal ToolKit host and Senior Law Practice Advisor with Mass. LOMAP, Jared Correia, talks technology with Attorney Ernest Svenson from the Svenson Law Firm in New Orleans, Louisiana. Ernie has catalogued a number of useful tools for lawyers and relays them in rapid succession through word association with Jared. Listen in, and find out why Dropbox and Dilbert can both have a place in your law firm!
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/05/20-legal-technology-tips-in-20-minutes/
LawBiz® Legal Pad On the Road!: Advertising
Ed is often asked how much a law firm should allocate for advertising. The first thing he asks back is, "What is advertising?" Watch this week's clip to learn more.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/RQwq5NfqSbs/
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Dayton unveils a legal services tax to fill budget deficit
Gov. Mark Dayton
The budget unveiled by Gov. Mark Dayton today includes $2.1 billion in additional revenue in the 2014-15 biennial.
A good chunk of that money will come from a tax on legal and other professional services.
Dayton says the proposed sales tax changes will both lower the sales tax rate and broaden it to include items like clothing that costs more than $100, about a $1 per pack increase on cigarettes and “business to business” services including accounting and legal work. Dayton’s office estimates the business to business tax could bring in about $1.5 billion annually. In addition to legal and accounting, services like architecture, specialized design, computer, management consulting, advertising, employment and business support services would also be included.
The corporate income tax rate would be reduced from 9.8 percent to 8.4 percent under Dayton’s budget.
The Minnesota State Bar Association has fought against a sales tax on legal services several times before, most recently during Tim Pawlenty’s second term.
The bar says the tax would amount to a tax on “misery” and unfairly targets those who need an attorney for help in child custody disputes, probate matters or to fight a foreclosure. Because the tax would not be paid by attorneys, but by purchasers on legal service, it would prevent many people from exercising their constitutional rights to use the state’s legal system because they cannot afford to do so. The bar also says the tax would be next to impossible to administer.
Dayton and the DFL-controlled majorities called today’s budget proposal a starting point, not a finished product.
Stay tuned.
Sri Lanka lawmakers approve bill expanding police power
[JURIST] The Sri Lankan Parliament [official website] on Tuesday voted 110-33 [press release] in favor of legislation extending the detention time for suspects arrested by police from 24 to 48 hours. Under the newly-amended law, titled, "Code of Criminal Procedure (Special Provisions) Bill," police may detain and question a person who has been arrested without a warrant for 48 hours [Colombo Page report] before producing the suspect in court. According to Cabinet Minister of Environment Anura Yapa, who also serves...
Source: http://jurist.org/paperchase/2013/01/sri-lanka-lawmakers-approve-bill-expanding-police-power.php
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Vacancy on Ramsey County bench
The Commission on Judicial Selection is searching for fair, experienced and civic-minded individuals to serve on the bench. The following qualities will be considered for judicial office: integrity, maturity, health (if job related), judicial temperament, legal knowledge, ability, experience, and community service.
An individual wishing to apply may request an application by writing to Lee E. Sheehy, Chair of the Commission on Judicial Selection, at 130 State Capitol, 75 Rev. Dr. Martin Luther King, Jr. Blvd, Saint Paul, MN 55155, or by contacting Andrew Olson, Appointments Coordinator, via e-mail at andrew.c.olson@state.mn.us. A cover letter and resume should also be submitted with the application. Application materials are due by close of business, Tuesday, February 12, 2013. Interviews are scheduled to be held on Tuesday, February 26, 2013, at the Ramsey County Courthouse in Saint Paul, Minnesota.
For inquiries concerning the application process, please contact Andrew Olson at andrew.c.olson@state.mn.usor at (651) 201-3413.
Source: http://minnlawyer.com/minnlawyerblog/2013/01/22/vacancy-on-ramsey-county-bench/
Tuesday, January 22, 2013
Therapeutic Jurisprudence and Employment Law
In this podcast, Professor David Yamada, founding director of the New Workplace Institute at Suffolk University Law School, discusses therapeutic jurisprudence, a movement that is bringing psychological insights to bear on the law and legal practice.
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The AM Roundup: A Justice Steps Down, More…
Law Blog rounds up the morning's news.
Source: http://blogs.wsj.com/law/2013/01/22/the-am-roundup-a-justice-steps-down-more/?mod=WSJBlog
Should Have Stolen The Computer Too ...
Who burgles a joint and leaves a perfectly good laptop behind? And in case you're wondering, it was out in the open, as you will soon see. As reported by tcpalm.com:
In a case police are calling unique, a homeowner used his laptop computer video camera to capture a photo of a suspect breaking into his home.Boom!
The homeowner left the computer on while he was gone. The footage led to the arrest of a friend, a 28-year-old man the homeowner has known since they were roommates in college, according to a sheriff's report.Former "friend," that is.
Normally, investigators end up with just footprints or fingerprints and are left wondering if those prints are linked to a crime. This time, they had a visual recording of the incident and the homeowner's identification of the person led to the arrest of Eric Rayburn, 28, of the 1900 block of Southeast Bellevue Avenue, Port St. Lucie.
Rayburn voluntarily came in for questioning and deputies quoted him as saying he goes to the house all the time and was dropping by to talk.Bet the cops enjoyed this next bit.
Then investigators showed him the camera recording.Bam!
Rayburn, who said he works in medical supplies, told investigators he was delivering a Federal Express package. Investigators challenged that, saying there was no package in his hand in the video that was running at 8:30 a.m. on Dec. 27, 2012.
Then he asked to talk to an attorney and stopped talking with deputies.
He is charged with burglary of a dwelling [a cash box was reported missing] and second degree theft.Here's the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/8yiX8JWoPqA/post_571.html
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US declines to withdraw conspiracy charge against accused 9/11 plotters
[JURIST] The US Department of Defense (DOD) [official website] announced [press release] Friday that it will not withdraw charges of conspiracy against five accused plotters of the 9/11 terrorist attacks, including Khalid Shaikh Mohammed [JURIST news archive]. Chief Guantanamo prosecutor, Brigadier General Mark Martins asked the DOD's appointee, Retired Admiral Bruce MacDonald [DOD backgrounders] to dismiss the prosecution charge in order to avoid uncertainty that could delay the case [Reuters report]. In the press release, the DOD declared that it...
Ethical Obligations within E-Discovery
On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, Judge Lisa Margaret Smith, from the Southern District of New York, to take a look at ethical obligations within the field e-discovery. In addition, on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman, takes a glimpse at e-discovery frameworks adopted in 2011 in the state of Utah and the Federal District of Delaware.
Source: http://legaltalknetwork.com/podcasts/esi-report/2012/03/ethical-obligations-within-e-discovery/
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Gone Clio with Attorney Bruce Godfrey
Listen as Clio co-founder Jack Newton talks with special guest, Attorney Bruce Godfrey. Bruce covers everything from the similarities between his dad’s fishing tackle artisan shop and running his law practice, to Clio’s intuitive design, to the perks of going with a unified system for your practice.
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/06/gone-clio-with-attorney-bruce-godfrey/
20 Legal Technology Tips in 20 minutes
If you’re looking for the hottest tech tips for lawyers, we’ll make sure your vision is 20/20. The Legal ToolKit host and Senior Law Practice Advisor with Mass. LOMAP, Jared Correia, talks technology with Attorney Ernest Svenson from the Svenson Law Firm in New Orleans, Louisiana. Ernie has catalogued a number of useful tools for lawyers and relays them in rapid succession through word association with Jared. Listen in, and find out why Dropbox and Dilbert can both have a place in your law firm!
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/05/20-legal-technology-tips-in-20-minutes/
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