Not A Good Idea To Fall Asleep On This Job

It can’t be said with certainty what this woman was up to, but it’s gotta be “probably plus.” As reported by brooklynpaper.com, from the 76th Precinct (Carroll Gardens-Cobble Hill–Red Hook):

Cops cuffed a woman who they say was sleeping in an apartment building stairway with a knife, pills, and some tools on her person on Bond Street on Dec. 3. Officers stated they found the 47-year-old woman passed out on the staircase in the complex near and Hoyt Street at 5:25 am.

When she awoke, they noticed that she had a knife on her belt and a few loose pills out in the open, cops said. Further inspection revealed a pry bar and wire cutters, according to a police report.

Hmm. A pry bar. Wire cutters …

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/J0DilU4R3y0/asf-3.html

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Taking Control of Your Mobile Apps

There’s an app for everything. As we all discover how effectively we can use apps to connect with social media, as our work task managers, to find user-friendly news, and much more, they begin to accumulate on our smartphones and devices. Our hosts Dennis Kennedy and Tom Mighell share tips on how to organize those apps to be the most efficient, aesthetically pleasing, and space conserving - making room for more apps. We will also learn how to sync all of their devices so that we always have access to our apps. The second portion of the show will discuss the pros and cons of having an iPad, an iPad Mini, or how to utilize both. And stay tuned until the end to hear each host’s tech tip, one will surely save you some time on your computer.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/02/control-your-mobile-apps/

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Who Represents Corporate America

Our annual survey of the law firms that work for the nation's largest companies takes a global focus.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202625300999&rss=rss_nlj

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LawBiz® Legal Pad: Senior Olympics

A few weeks ago, Ed competed in the cycling events at the Senior Olympics. Today, Ed reflects on how that experience relates to his professional life and the Business of Law.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/iGGMZD8E5K8/

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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.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2013/09/getting-to-yes-advice-for-legal-entrepreneurs-from-a-venture-capitalist

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Google Takes Aim at Rockstar in Patent Feud

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202634809092&rss=rss_nlj

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The Return of Black Lung and the Law

A recent investigation found the rate of miners diagnosed with Black Lung Disease is surging after nearly three decades of decline. Some blame lenient regulations, lax enforcement, even manipulation of air samples from mines. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the reasons behind this shocking increase and a breakdown of Black Lung litigation from Chris Hamby, the author of the Center for Public Integrity report, and Attorney Stephen Sanders, the director of Appalachian Citizens’ Law Center.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-return-of-black-lung-and-the-law/

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Fighting Video with Video

Sheriff's deputies in Clark County, Ohio, have been given dispensation to wear "pocket cameras" on the job. Not because someone decided it was a good idea for them to video their interactions with member of the public, which is not only a perfectly fine thing to do, but one that has been embraced by other department. According to the Dayton Daily News:

Clark County Sheriff’s deputies are wearing pocket cameras that record their work to help their cases and to protect themselves against accusations of misconduct.

“Every call we go on, someone’s going to record us,” Clark County Sheriff Gene Kelly said. “We have that same technology.”

Deputies are not required to wear the cameras but can purchase them independently or with their uniform allowance.

So that's how it's going to be, if we record them, they record us. Tit for tat. Fight fire with fire. So nobody in Dayton will be arrested or hassled for videotaping police anymore? What's wrong with that?

Kelly said that law enforcement can use the cameras to their benefit if there are false allegations.

“They say a picture is worth a thousand words,” Kelly said.

What Elliott records with his camera can be used for evidence.

“If I feel there are evidentiary purposes, I will submit it to the courts,” said Elliott, who has worn his for about a year.

Of course, that's not how it worked out when Rory Bruce was tried, but it reveals the one-way street attitude that video is going through on its way to maturity. When the cops want to use it, because it benefits them, it's perfect. A picture is worth a thousand words. When it reflects poorly on cops, it never tells the full story and should be completely disregarded.

But what the Clark County Sheriff's office is doing shows the danger of playing this game. Inexplicably, police haven't quite gotten the memo that they are rather unique public employees. They aren't let loose on the streets with guns and shields because they are just a bunch of cool guys, but because they hold a special authority that society has entrusted to them to protect and serve.

When they take the oath and strap on the Sam Browne body armor, they do with the knowledge that they are no longer acting as ordinary people who just happen to be entitled to seize other ordinary people by pointing a gun at their head. Their authority comes from the job, from the People, who put up the money for their uniform allowance.

Are there rules for the use of pocket cameras in Clark County? Who decides when the camera gets turned on? Must deputies preserve what the camera sees, whether it's good for them or not? Does Gene Kelly, the Sheriff, get to decide what's of "evidentiary value" and what's not?  Who preserves the integrity of the video? On whose computer does it get downloaded? Or deleted? Or altered? 

A picture may be worth a thousand words, but that's true whether the picture is accurate or modified to show something false. And if the picture shows a cop doing something bad, then the lack of a picture is worth even more words, the words of argument that there is no proof of a beating, a false arrest, a killing.

Members of the Clark County Sheriff’s office are not permitted to have original copies of the digital media evidence after their shifts, according to digital media evidence policies for the office.

And what happens to the deputies if they do? Who decides what gets uploaded after a shift? Is this intended to prevent a deputy from screwing with videos at home or uploading embarrassing videos on Youtube of their interactions on the job?

“They can be used to protect deputies and civilians to be sure everything is safe and appropriate,” Hunt said.

Officials believe that the cameras will be helpful in protecting themselves and the community.

“I think there will be a time when everyone carries one,” said Kelly.

There probably isn't anyone who disagrees with this, though its hardly as simple as Kelly would have it.  We're still a ways off from figuring out how video will best serve  "deputies and civilians," ignoring, of course, that deputies are civilians, but I hesitate to be overly critical of Ben Hunt, human resources and labor relations administrator at the Clark County Sheriff’s Office, for his confusion. It's got Tale of Two Cities potential, best and worst at the same time.

But the set up of deputies carrying personal video to offset the public having video of their own smacks of a deeply entrenched "us" versus "them" problem, and provides all sorts of opportunity for facile abuse.  Cops want to video their interactions for everyone's benefit? Cool. But then it has to be done right, used from the initiation of all interactions and remain on until the bitter end, preserved in a manner that secures it from any alteration and available to everyone, cop or non-cop alike, should it be needed. 

Why isn't the public required to do so if that's what you demand of cops?  Because you are cops, whose function is to protect and serve at the behest of the public.  This is the life you chose and the obligation that goes with it.











© 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/2013/07/14/fighting-video-with-video.aspx?ref=rss

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INSIDE WASHINGTON

Our annual report on law firms and lobbying shops in the nation's capital.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202621243805&rss=rss_nlj

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Bombs Away: Erasing Information in the Big Data Era

In this April edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Barclay Blair, founder of ViaLumina an information governing consulting service, to talk about the idea of digital data being erased. We know that simply putting it in the trash can on our desktop isn’t enough, but can it be done? They will also discuss mobile apps which claim they immediately erase data like Snapchat: Does this data actually self destruct? And is using apps like this a liability in court because it looks like there is something to hide?

Source: http://legaltalknetwork.com/uncategorized/2013/03/bombs-away-erasing-information-in-the-big-data-era-2/

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War On Christmas Decorations?

Seriously, who doesn’t like Christmas decorations? Well, there is this one guy … As reported by on boston.cbslocal.com (from a report by wbz-tv):

Snow covers what’s left of a family’s Christmas display in Derry, New Hampshire after a vandal destroyed almost all of their giant inflatable decorations on the front lawn.

“I actually woke up to my aunt crying,” said Nicole Paulin who lives at the home with her aunt and uncle. “She said they struck again. She was just in hysterics. It killed me to see her because those are her pride and joy.”

Surveillance video captured the Christmas Scrooge in action – the culprit slashing six of the family’s eight inflatable displays multiple times. The decorations included a Frosty the Snowman, a Santa and sleigh, and a snow globe.

Murderer! But really, what an asinine thing to do. It’s just mean. And this wasn’t even the first time.

Vandals first struck in November, but the family was able to duct tape the damage.

All was not lost, though.

One bright spot: the Londonderry Home Depot heard about what happened and this morning showed up with 9 replacements.

Here’s the source, including a video with footage of the vandal.

 

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/DTy7liYGx3E/qw.html

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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.

Source: http://legaltalknetwork.com/podcasts/esi-report/2013/07/whats-next-for-the-federal-rules-of-civil-procedure-amendments

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Is U.S. District Judge Scheindlin’s Removal a Question of Judges’ First Amendment Rights?

“It’s impossible to figure out exactly what the judge did wrong,” University of Pennsylvania Law Professor Kermit Roosevelt says, discussing Federal District Court Judge Shira Scheindlin’s removal from Floyd, et al. v. The City of New York, known as the “stop-and-frisk” case. The 2nd U.S. Circuit Court of Appeals ruled the Judge “ran afoul” of the Code of Conduct for United States Judges given her participation in media interviews and by making public statements about the “stop and frisk” case. The 2nd Circuit’s ruling did not provide further detail or examples. In this edition of Lawyer2Lawyer, your host J. Craig Williams invites Roosevelt to discuss Scheindlin’s removal, whether this action is a question of judge’s first amendment rights, and the possible outcomes of her appeal.

Roosevelt is a professor at the University of Pennsylvania Law School. Working in a diverse range of fields, he focuses in constitutional law and conflict law. Professor Roosevelt was recently a part of a New York Times Room for Debate, discussing Scheindlin’s removal and what restrictions should be placed on judges. He has also served as a law clerk to Supreme Court Associate Justice David H. Souter and D.C. Circuit Court Judge Stephen F. Williams.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2013/11/is-u-s-district-judge-scheindlins-removal-a-question-of-judges-first-amendment-rights

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New Law Opens Birth Certificates, Sparks Questions

A new law lets adopted people in Ohio see their original birth certificates — but opponents say it comes at a cost to the birth parents. Guest host Celeste Headlee takes on the topic with law professor Carol Sanger, birth mother Jodi Hodges, and advocates Adam Pertman and Betsie Norris.

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Source: http://www.npr.org/2013/12/24/256853037/new-law-opens-birth-certificates-sparks-questions?ft=1&f=1070

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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.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2013/09/getting-to-yes-advice-for-legal-entrepreneurs-from-a-venture-capitalist

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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.

Source: http://blog.simplejustice.us/2013/07/12/the-day-tripper-dilemma.aspx?ref=rss

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Android Devices for Lawyers

We are happy to announce that The Digital Edge is now a part of Legal Talk Network. Since 2007, Digital Detectives co-host Sharon D. Nelson, Esq. has been co-presenting another podcast, The Digital Edge: Lawyers and Technology, with Jim Calloway. Calloway is the director of the Oklahoma Bar Association’s Management Assistance Program. He frequently writes and speaks on legal technology issues, Internet research, law office management, and ethics for lawyers. The Digital Edge invites noted legal technologists, authors, and lecturers to discuss topics related to lawyers and technology.

This episode of The Digital Edge features guest Jeff Taylor, also known as “The Droid Lawyer,” to discuss how lawyers can efficiently use Android phones, tablets and computers in their practice.

Jeffrey Taylor is an Oklahoma City Attorney. He has been writing the popular blog “The Droid Lawyer” since 2011, educating lawyers on how to get the most out of their Android devices. His first Android device was the original Motorola Droid, which he discovered was a useful tool for his profession. His practice focuses on personal injury, small business litigation and immigration.
Learn more about Android’s newest operating system, Jelly Bean, the top Android apps for lawyers, how to prevent security and malware issues with Android devices, and much more.

Source: http://legaltalknetwork.com/podcasts/digital-edge-podcasts/2013/05/android-devices-for-lawyers

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What Honeybaked Ham Can Teach Us About the Future of Ediscovery

Bring your own device (BYOD) and bring your own cloud (BYOC) policies have become increasingly prevalent in the corporate world. Analyst firm Gartner predicts that by 2017, half of all employers will require employees to provide their own technology devices for work. How these changes will impact employers and the discoverability of data on employee’s personal devices are topics that will likely predominate discussions of ediscovery in the future. Join Michele Lange, Kroll Ontrack’s Director of Thought Leadership, along with colleagues Alan Brill and Chris Wall for this edition of The ESI Report as they discuss the recent Honeybaked Ham case and the effect it has on these timely ediscovery issues.

• Alan Brill, Senior Managing Director of Kroll Advisory Solutions, is founder of Kroll’s high-tech investigation practice and a consultant for law firms and corporations concerning computers and digital technology. He has appeared on 60 Minutes, Good Morning America, The Wall Street Journal, USA Today, and many other programs and publications.

• Chris Wall, Senior Account Executive for Kroll Ontrack, counsels legal professionals on ways to locate, filter, and produce electronic documents, as well as how to safeguard the integrity of electronic data when litigation is imminent.

Source: http://legaltalknetwork.com/podcasts/esi-report/2013/07/what-honeybaked-ham-can-teach-us-about-the-future-of-ediscovery

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Khodorkovsky pardoned by Putin, released from prison

[JURIST] Russian President Vladimir Putin [BBC profile; JURIST news archive] signed a decree on Friday pardoning former oil tycoon Mikhail Khodorkovsky [defense website; JURIST news archive], and releasing him from prison. Khodorkovsky has already spent over a decade in prison for fraud, theft and money laundering. In a statement posted on his website, Khodorkovsky said he had requested the pardon from Putin without admitting any guilt. Putin's decree pardoned Khodorkovsky on the basis of "the principles of humanism." Upon his...

Source: http://jurist.org/paperchase/2013/12/khodorkovsky-pardoned-by-putin-released-from-jail.php

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Social Media E-Discovery: Keeping On and Keeping Up

Social media data presents significant challenges for lawyers when it comes to issues of investigation, preservation and discovery. Nonsense words, arcane acronyms and unexpected abbreviations are just some of the things that attorneys need to look for in order to effectively discover evidence via social media. In this edition of The Legal Toolkit, your host, Jared Correia, invites Trent Livingston to discuss the challenges of sourcing social media evidence, the differences between public data, private data, metadata, and more.

Trent Livingston is a director with Intelligent Discovery Solutions, Inc., and advises law firms and corporations surrounding the implementation and use of e-discovery, web and cloud-based technology. He is an adjunct professor for Golden Gate University, where he teaches complex data discovery. He is also the owner and founder of Geekly Group, LLC, a web technology consortium. You can check out his blog at www.TrentLivingston.com.

Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2013/10/social-media-e-discovery-keeping-on-and-keeping-up

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