Law

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Spotting "Criminal Types"

Crime and Consequences Blog

Kent Scheidegger

8 Apr 2011 | 10:20 am

George Lowery has this post at physorg.com:A woman walking her dog encounters a man. She has an instant, visceral reaction to him and screams. The next day, she sees his picture in the newspaper; he has been charged with rape.This anecdote prompted three Cornell researchers to reopen a "long and sordid" history of research and debate about whether we can determine who is a criminal by looking at his face.Their finding: We can. "We can" is an overstatement. The authors describe the effect as "small but reliable."Somewhat surprisingly, men, on average, are better at spotting rapists than…
News Report: Judge’s Son Said He Stole $1.5M in Casino Chips After Dad Docked His $1K Allowance

ABA Journal Daily News

8 Apr 2011 | 6:16 pm

Accused of brazenly stealing $1.5 million in chips from a Las Vegas casino, the son of a local municipal judge, now 29, allegedly complained to an undercover officer that his dad had docked his $1,000-a-month allowance due to his betting and drug use. Anthony Carleo also allegedly laughingly told the officer, when the man suggested ripping off the Bellagio casino, "I already did," reports the Los Angeles Times. Carleo wasn't laughing today as he sat, stony-faced and shackled, in a court hearing, the newspaper recounts. He is being held at the county jail in lieu of $1 million bail…
Adieu

Blawg Review

Editor

31 Mar 2011 | 9:01 pm

Blawg Review #305 is hosted by a fool in the forest. Being the last waltz for Blawg Review, as it were, this is dedicated to all those who have hosted the carnival of law blogs during the past six years. Adieu.
If the Government Shuts Down, Will the Federal Courts Follow?

Law Blog--Wall Street Journal

Ashby Jones

8 Apr 2011 | 2:52 pm

The answer to the above question, in a word, is no. That is, at least not right away. The National Law Journal has kept its pedal to the metal on how a potential government shutdown might affect the federal courts (click here and here), and the bottom line is that the courts would keep running through a shutdown, at least for two weeks. As the NLJ’s David Ingram explains: The judiciary pays its bills in part with fees, which are outside the regular appropriations process, and it says it has enough in reserves to keep its doors open even if Congress does not agree on a budget. The…
Wall Street will face challenges if the government shuts down

Smartbrief: Practising Law Institute

8 Apr 2011 | 7:38 am

Some of Wall Street's basic functions might be suspended if the government shuts down. -More-

ABA Journal Daily News
News Report: Judge’s Son Said He Stole $1.5M in Casino Chips After Dad Docked His $1K Allowance

8 Apr 2011 | 6:16 pm

Accused of brazenly stealing $1.5 million in chips from a Las Vegas casino, the son of a local municipal judge, now 29, allegedly complained to an undercover officer that his dad had docked his $1,000-a-month allowance due to his betting and drug use. Anthony Carleo also allegedly laughingly told the officer, when the man suggested ripping off the Bellagio casino, "I already did," reports the Los Angeles Times. Carleo wasn't laughing today as he sat, stony-faced and shackled, in a court hearing, the newspaper recounts. He is being held at the county jail in lieu of $1 million bail…
Judge Discovers His Gavel is Missing; Court Personnel Track Down Suspect, Now Charged With Theft

8 Apr 2011 | 6:03 pm

Discovering that his gavel was missing, Magistrate Daniel Cook of Lorain, Ohio, concluded that someone had to have stolen it from his small claims court. Sure enough, when workers there reviewed security footage they spotted a suspect allegedly making off with the purloined court equipment, reports the Smoking Gun. Although the man wasn't known to them, he was with a defendant and further investigation soon identified his companion. Christopher Collins has now been charged with petty theft.
Madoff: ‘It Wasn’t About the Money’

8 Apr 2011 | 5:53 pm

In a rare interview with a business publication, record-breaking Ponzi schemer Bernard Madoff says "It wasn't about the money." What was it about? Successful in his securities business in the 1980s, he contends, he was drawn to fraud in the early 1990s by "ego" and a need to retain his hard-won place in the "club" by continuing to provide his upscale clients with a steady stream of seeming profits that beat the market, year after year, reports the Financial Times in a magazine-length article. Madoff insists that most of those associated with him had no inkling of the huge swindle…

Blawg Review
Adieu

Editor

31 Mar 2011 | 9:01 pm

Blawg Review #305 is hosted by a fool in the forest. Being the last waltz for Blawg Review, as it were, this is dedicated to all those who have hosted the carnival of law blogs during the past six years. Adieu.
Blawg Review Goes Nukular

Editor

27 Mar 2011 | 3:07 pm

George Wallace, a lawyer who blogs on Declarations and Exclusions about News and Comments on California Insurance Law, the Politics of Insurance, and Other Risky Business hosts Blawg Review #304 on a very serious subject.George is, perhaps, better known in the blogosphere for his more humorous personal blog, a fool in the forest, so it's a surprise that he resisted including this.And remember, you can't tweet too often about Blawg Review.
Hosting Blawg Review Next

Editor

25 Mar 2011 | 2:06 pm

We don't just let anybody host Blawg Review, you know -- the trick is to get the right host for each specific date.George Wallace, a lawyer who writes about insurance law on Declarations and Exclusions and blogs about his personal interests on a fool in the forest, (an excellent host for April Fool's Day) would not have been the best host for this week's Blawg Review #303.George is scheduled to host Blawg Review next week, instead.This week, it's my show!

Law Blog--Wall Street Journal
If the Government Shuts Down, Will the Federal Courts Follow?

Ashby Jones

8 Apr 2011 | 2:52 pm

The answer to the above question, in a word, is no. That is, at least not right away. The National Law Journal has kept its pedal to the metal on how a potential government shutdown might affect the federal courts (click here and here), and the bottom line is that the courts would keep running through a shutdown, at least for two weeks. As the NLJ’s David Ingram explains: The judiciary pays its bills in part with fees, which are outside the regular appropriations process, and it says it has enough in reserves to keep its doors open even if Congress does not agree on a budget. The…
Another ‘Birther’ Suit Fizzles in Hawaii

Ashby Jones

8 Apr 2011 | 1:09 pm

Plaintiffs try and try and try, but these President Barack Obama-and-his-birth-certificate lawsuits just really haven’t taken off, have they? The latest: An appeals court in Hawaii has upheld the dismissal of a California man’s lawsuit which sought to inspect and review the Commander in Chief’s birth certificate. Click here for the story, from the Honolulu Star-Advertiser. According to the story, the lawsuit, brought by Robert V. Justice, who represented himself, was based on the state’s open-records law. The law requires disclosure of certain state documents when…
DOJ Clears Google Acquisition for Takeoff

Ashby Jones

8 Apr 2011 | 11:04 am

We’ve got Google Mail, Google Documents, Google Earth, Google Reader and Google Calendar. Get ready for Google Travel. No, we don’t actually know what Google has in store next — maybe a Google air-fare search tool is actually the farthest thing from the minds of the company’s big thinking development folks. But on Friday, the Justice Department signed off on its planned $700 million purchase of flight-data company ITA Software Inc. ITA powers many of the Web’s most popular airline-ticket search and booking sites, including Kayak.com and Hotwire.com. Google said…

Smartbrief: Practising Law Institute
Wall Street will face challenges if the government shuts down

8 Apr 2011 | 7:38 am

Some of Wall Street's basic functions might be suspended if the government shuts down. -More-
Opinion: Financial Stability Oversight Council faces a tough mandate

8 Apr 2011 | 7:38 am

Neel Kashkari, managing director at Pacific Investment Management and former head of the Office of Financial Stability, write -More-
Free Friday Takes Up a Cause

8 Apr 2011 | 7:38 am

At the free on-demand Web segment "Charitable Solicitation and Cause-Related Marketing," taken from the "Web Program Advising -More-
SEC: Rule on fiduciary standard, 12(b)1 fees put off to later this year

8 Apr 2011 | 7:38 am

The Securities and Exchange Commission doesn't expect to complete its work on a proposed rule imposing a fiduciary standard o -More-
Tips for getting past your urge to put things off

8 Apr 2011 | 7:38 am

Overcome procrastination by being specific about what you want to get accomplished and when, considering the consequences of -More-

Overlawyered
April 10 roundup

Walter Olson

10 Apr 2011 | 5:17 am

Civil libertarian Wendy Kaminer on feminism and the Yale speech complaint [Atlantic, earlier] Baylen Linnekin’s Keep Food Legal organization is having a membership drive; Bounty-hunting West Coast lawyers can now sue employers for large sums over temperature and worker-seating violations of California Labor Code [Cal Labor Law] Current set of urban, suburban parking policies amount to “another great planning disaster.” [Donald Shoup, Cato Unbound] $7500? Tennessee lawyer charged with rape of client released on $7500 bond [WMC via White Coat] Stella Liebeck hot coffee case:…
The value of a liquor license moratorium

Walter Olson

9 Apr 2011 | 7:27 am

A moratorium on new liquor licenses in Washington, D.C.’s popular Adams-Morgan neighborhood might account for why an existing license appears curiously valuable. [Matthew Yglesias] Tags: alcohol, land use and zoning, Washington D.C. Related posts “I’ve always thought people would be very concerned if they knew what we were doing” (0) Worst argument in history against letting Wal-Mart into one’s neighborhood? (5) Why the Jessica Cutler case matters (2) Whoops: “DUI attorney explains her own DUI charge” (10) What have they done with the old Rose and Crown? (2)
Libel reform in Britain, finally?

Walter Olson

9 Apr 2011 | 7:04 am

At long last it may be moving forward [Arthur Bright, Citizen Media Law] Tags: libel slander and defamation, United Kingdom Related posts When a Holy Saint sues (0) Very big breaking news: UK libel laws narrowed (2) Update: British chiropractors drop lawsuit against Simon Singh (1) UK: Police “wanted” posters could infringe privacy (2) U.K.: Libel suit threatened over crossword clue (0)
Turnabout in demon-nurse case

Walter Olson

8 Apr 2011 | 8:12 am

St. Luke’s Hospital in Pennsylvania’s Lehigh Valley is suing a lawyer and law firm “for proceeding with cases that the attorneys [allegedly] knew were ‘baseless and lacking in evidence,’” and is also suing an expert for allegedly filing a “boilerplate” certificate of merit. The cases in question are among many filed claiming that patients were killed by notorious “Angel of Death” nurse Charles Cullen; hospitals say that while some of the suits were filed on behalf of actual Cullen victims, others piled on seeking compensation for bad…
“Character” and law licenses

Walter Olson

7 Apr 2011 | 10:07 pm

Ontario’s Law Society has rejected a would-be lawyer despite strong academic credentials because of concerns about his character, specifically episodes in which he harassed fellow apartment owners during a condo leadership fight and forged a letter supposedly from an owner. “Character” screening was once a common prerequisite for admission to the American bar, but fell largely into disuse following complaints that it could be subjective and applied unevenly. [Toronto Star] Tags: Canada, ethics, lawyers Related posts Update: Ness Motley to fight misconduct verdict (1) New…

ABA Journal Magazine Stories
As Bulging Client Data Heads for the Cloud, Law Firms Ready for a Storm

ABAJournal.com

1 Apr 2011 | 2:50 am

Perhaps no case could be a more monumental example of the reality of modern e-discovery than the ongoing Viacom copyright infringement lawsuit against YouTube filed back in 2008. In that dispute, the judge ordered that 12 terabytes of data be turned over, according to Matthew Knouff. "People often say that one terabyte equals 50,000 trees, and 10 terabytes would be the equivalent of all the printed collections of the Library of Congress," says Knouff, who is general counsel of Complete Discovery Source, a New York City-based electronic discovery services provider. For the Viacom/YouTube case…
More Discovery Woes from Web 2.0

ABAJournal.com

1 Apr 2011 | 2:40 am
An Inescapable Conflict

ABAJournal.com

1 Apr 2011 | 2:36 am

"We cannot escape history,” Abraham Lincoln famously declared in a message sent to Congress in 1862. He firmly believed that the Civil War generation would be “remembered in spite of ourselves."

Solo Practice University®
Audio: Social Media & Networking For Businesses (Part 3)

Susan Cartier Liebel

8 Apr 2011 | 4:30 am

Toby Bloomberg teaches about social media and networking for businesses at Solo Practice University® in a series of Guest Lectures. This lecture was recorded February, 2011. You can listen to her previous guest lectures here (Part 1) and here (Part 2). Toby Bloomberg is passionate about helping people (not companies) create initiatives that leverage the power of social media communications to build and nurture “digital corner grocery store relationships.” From 2004, when she chaired AMA’s first Hot Topic on social media/blogs, Toby has been speaking, teaching and consulting on the…
Consultations: Free or Fee?

Rachel Rodgers

7 Apr 2011 | 4:30 am

Recently, I read an entertaining article by fellow solo attorney, Pauline Villanueva, about what a free consultation is not. It was basically a list that was curated among attorneys on Twitter. Some things they determined a free consultation was not include: “Free consultation” doesn’t mean spending three hours with you while you tell me your life story. “Free consultation” does not mean I’m going to prep you for a hearing taking place tomorrow. “Free consultation” does not mean I’m adopting you or taking you to Walgreen’s at midnight to buy a pregnancy test. Obviously,…
Audio: Using the D.A.F.T. System to Organize Work Flow

Susan Cartier Liebel

5 Apr 2011 | 4:30 am

Andrea Cannavina is a legal virtual assistant helping law firms and other service based businesses upgrade to a digital workflow so everyone can work securely from anywhere. Those who know Andrea know she will help you with a click of her keyboard. Before you’ve ever finished the sentence, ‘Can you help me with…? she’s figured out a solution. Seriously! She’s sharp, generous and very, very skilled. In this guest lecture, she and I talk about her D.A.F.T. system for handling e-mails and which has now become the exclusive way I handle the literally hundreds of…
Successful Solo Practitioners Must Be Entrepreneurs

Susan Cartier Liebel

4 Apr 2011 | 6:15 am

Webster’s defines courage as ‘mental or moral strength to resist opposition, danger, or hardship.” It implies firmness of mind and will in the face of danger or extreme difficulty. Courage can be developed. But it cannot be nurtured in an environment that eliminates all risks, all difficulty, all dangers. It takes considerable courage to work in an environment in which one is compensated according to one’s performance. Most affluent people have courage. What evidence supports this statement? Most affluent people in America are either business owners or…
Audio: The Non-Trad Law Grad – Jeff Rutledge

Susan Cartier Liebel

1 Apr 2011 | 4:30 am

We got such a terrific response from current students and new grads who could relate to the non-trad law grad status. There are so many more than we realize and their experiences are very unique. I decided it would be fun to talk with Jeff about his experiences. This is a must-listen lecture for all law students, new solos (and some not so new) about the unique journey a non – traditional law student takes and how their pre-law school experiences come into play as they navigate through law school and then start their solo practices. You can find him here every third Friday of the…

Simple Justice
Tenure on the Table

SHG

10 Apr 2011 | 5:07 am

A move is afoot by the ABA Section on Legal Education and Admission to the Bar to disconnect the obligation to provide tenure from the accreditation process. At Balkinization, Brian Tamahana explains: The purpose of the proposed changes is to allow law schools greater flexibility in finding cost efficient ways to train lawyers. According to the AALS, that's an erroneous view of what law schools are about. "Lawyers are not 'produced' or even 'trained' by law schools," declared former AALS President Reese Hansen in opposition to the changes (critics who excoriate law schools for doing…
Experience Matters (Along With a Discount)

SHG

10 Apr 2011 | 4:07 am

Don't blame potential clients scanning the internet for the right lawyer. It's not their fault that you're facing a conundrum, whether because you're a new lawyer who lacks the experience they seek but is willing to take a case for significantly less money than a more experienced lawyer. Or a lawyer with the experience but unwilling to offer a "two murders for the price of one" deal on Wednesdays.A company called WebVisible did a survey providing some basic notions of what people are looking for when searching for a lawyer online. When I received the press release, I…
Oral Argument Etiquette: Shut Up

SHG

10 Apr 2011 | 3:05 am

The only thing worse than being deluged with questions at oral argument is being deafened by silence. Thankfully, it's never been my experience to stand before a mute appeals court, so disinterested in the case before them that not one can be bothered to show some interest. On the other hand, it's usually a polite repartee.But then, I've never argued before the Supreme Court of the United States. From the way Adam Liptak describes it, they're animals. If you didn’t know it was a Supreme Court argument, you might think you were seeing a catastrophically overbooked cable…

That's What She Said
Michael and Holly, Sitting in a Tree

Jaclyn West

8 Apr 2011 | 6:40 am

Litigation Value: A narrow escape from Michael burning the office down (twice) and, as always, plenty of lost productivity while the employees held a garage sale, played “Dallas” and helped Michael propose to Holly. Since last night’s “Office” was another rerun, I thought I would take this opportunity to talk about the “Garage Sale” episode. This, folks, was the big one. The epic proposal that we have all been waiting for. Now, I know I’ve given Holly a pretty hard time about her relationship choices. And I’m not saying, even now, that I…
Fox and Found

Kristin Starnes Gray

1 Apr 2011 | 7:18 am

Litigation Value: Squiggle Quips = $3.95 per package; delicious dinner without your wallet = an embarrassing (and defamatory) mugshot on the restaurant wall; finding out Angela publicly joked about urinating on Gabe = priceless. Last night provided us with an evening of reruns, but I love The Office and have been known to watch episodes repeatedly (much to my husband’s chagrin). My colleague did an excellent job discussing this episode in his previous post, but we can still have a little fun this week. The episode starts out with a bang when Kelly and Ryan announce they are…
Pushing the Limits of PDA

Joshua Drexler

18 Mar 2011 | 11:13 am

When last night’s episode originally aired on February 10, 2011, I noted that the Scranton office more closely resembled a nightclub at the height of the sexual revolution than a reputable place of business — see my original commentary entitled “Let’s Get It On.” I discussed recent findings on the prevalence of workplace dating, as well as the inherent liability risks with office romances. This time I’m going to focus more narrowly on the issue of PDA, or “Public Display of Affection,” as Michael and Holly’s exhibition is worthy of the record books. Their…

Legal Antics
Read all about the most recent Xemplars

NBlack

8 Apr 2011 | 8:22 am

Image via Wikipedia As I've mentioned before, I recently became involved in a really interesting new project: The Xemplar. It's a new website devoted to innovative solo and small firm attorneys that lead the way and make a postive impact on our profession and their communities. In case you missed it, here are links to the articles featuring some of the most recent Xemplars: Don Thompson-Justice at the End of a Long, Dark Tunnel Jay Shepherd-Time for a Change Susan Burke-Justice First And, feel free to nominate any innovative, exceptional solos or small firms attorneys here.
Sound advice.

NBlack

30 Mar 2011 | 4:56 am

Regardless, You'll Be Judged. Judge: So I'll adjourn this trial to April 12, 2012. Lawyer: They say the world may end in 2012. Judge: Then I recommend you settle the case.--Civil Court, Sutphin Boulevard, JamaicaOverheard by: Big Larryvia Overheard in New York, Feb 18, 2011
Isn't he clever. He wants to "ski." In Mantattan. Get it?

NBlack

28 Mar 2011 | 4:48 am

Want to ski? - m4w - 31 (Manhattan) Date: 2011-03-12, 12:25AM EST Reply To This Post 31 y/o lawyer, very successful, very attractive, very sane, and very real seeks same for a little skiing fun this evening. Just got back from a pretty boring night out and not ready to call if quits... Please send a pic and a little info about yourself if interested. I will reply with my pic and if the attraction is mutual, we will meet up and have a little fun. let me know. Location: Manhattan it's NOT ok to contact this poster with services or other commercial interests PostingID: 2260941950

Law and Magic Blog
A Bibliography of Spiritualism

lpcprof

31 Mar 2011 | 1:44 pm

Emily Mann provides a selected bibliography of spiritualism here. It includes discussion of the origins of the movement, and annotations of sources (print and online materials), mostly secondary sources, but some primary materials. Very nice for those wanting to get started doing research in the subject.
Gerald Uelmen and the Lawyer/Magician Analogy

lpcprof

31 Mar 2011 | 1:01 pm

Gerald Uelmen of Santa Clara University Law School writes here about the importance of exhausting federal due process claims at trial by intoning "magic words." He says, "I frequently compare trial lawyers to wizards who must recite precise magical incantations before they wave their magic wands and attempt to make evidence disappear." Of course, he is talking here about wizards like Merlin and Harry Potter, and I must point out that as far as I know, there are no such beings in the real world. What's also interesting is the assumption, common in popular…
Getting Exhibits Admitted At Trial

lpcprof

31 Mar 2011 | 8:00 am

I'm not entirely certain who wrote Magic Phrases For Admitting Exhibits, but I think it's Elliott Wilcox, the editor of Trial Tips Newsletter. At any rate, the writer uses the "magic words/phrases" analogy quite nicely to explain how to get exhibits entered at trial. He notes that not only should lawyers use the "magic words" but that they recognize that only the judge has the power to admit the evidence. Lawyers should also appear confident that the evidence ought to be admitted.

What About Paris?
Pretrial

Holden Oliver (Kitzbühel Desk)

9 Apr 2011 | 4:58 pm

Paul Cezanne, Les joueurs de carte, 1890-1892
Zürich

JD Hull

8 Apr 2011 | 10:07 pm

Mann, Joyce, Jung, Wagner and Einstein each lived here in District 1. Zürich, first established as a Roman customs post, and now a truly global city, also claims a living and breathing Tina Turner, unless she left since my last visit two years ago. Not Paris-beautiful or London-exciting, but solid, reliably Western-style commercial, and nearly too North American by the year 2000.
Cummer Gallery.

Holden Oliver (Kitzbühel Desk)

8 Apr 2011 | 9:59 pm

Return from the Harvest, William Adolphe Bouguereau, 1878

How Appealing
"Prosecutor's close in Bonds trial swings momentum"

Howard Bashman

9 Apr 2011 | 11:25 am

"Prosecutor's close in Bonds trial swings momentum": The Associated Press has this report. Today in The San Francisco Chronicle, Lance Williams has an article headlined "No Bonds verdict - jurors rehear trainer on tape," while Bob Egelko reports that "Bonds' personal trainer released from prison." And The New York Times contains an article headlined "In San Francisco, Giants' Celebration Is Undimmed by Bonds's Trial."
"Election officials scrutinize Waukesha County results; Supreme Court candidates line up top lawyers"

Howard Bashman

9 Apr 2011 | 11:20 am

"Election officials scrutinize Waukesha County results; Supreme Court candidates line up top lawyers": This article appears today in The Milwaukee Journal Sentinel, along with an article headlined "Brookfield's totals, turnout are consistent; Supreme Court race results, which once-missing votes, align with usual patterns."
"Surfside's pride may be last for a while; Texas high court's decision likely to limit the rebuilding of beaches"

Howard Bashman

9 Apr 2011 | 11:17 am

"Surfside's pride may be last for a while; Texas high court's decision likely to limit the rebuilding of beaches": Harvey Rice has this article today in The Houston Chronicle.

Legal Juice
Excuse Me. Is That A Ferret In Your Pants, Or Are You Just ...

John Mesirow

9 Apr 2011 | 10:06 pm

It's strange enough that the dude stole a ferret (no offense to the ferret lovers out there), but even stranger how he got it out of the pet store. By putting it down his pants! Per The Florida Times-Union: A Jacksonville Beach police arrest report said a 17-year-old saw a man take a ferret from the pet store, stuff it down the front of his pants and walk out of the store. The teen alerted store clerks to the theft, then followed the man to a nearby parking lot on First Avenue North. Lifting a line from a Juice favorite, Zombieland(see below), it was time for the teen to "nut up or shut up."…
Teacher Makes Idiotic Threat, Then Follows Through With It

John Mesirow

8 Apr 2011 | 10:06 pm

Sure, things would go a lot more smoothly for you if you could just pepper spray people who don't listen to you. But you can't. Or, can you ... Okay, you can, but it'll cost you, as a Georgia teacher discovered. As reported by 11alive.com: According to a Macon police news release, officers were called to the Elam Alexander [Academy] ... last Friday.The release says a school video captured [teacher Barbara] Neeley spraying the 14-year-old boy. Police say two boys were disrupting a classroom and Neeley told them to return to their seats. She warned she would pepper spray them if they didn't sit…
You Shot The Robot?

John Mesirow

7 Apr 2011 | 10:07 pm

Based on this gent's reaction, it's a good thing the police sent a robot into the house. As reported by wftv.com: The Brevard County Sheriff's Office said the robot was sent into the West Melbourne home last week because the homeowner had called his family and said he was going to take his own life and the life of anyone who tried to stop him. Deputies decided that the safest way to enter was with a robot mounted with cameras. The $65,000 robot had four cameras that recorded the whole encounter. When the robot entered the house, the man came out, naked, and first tried to break the robot,…

PointOfLaw Forum
The Commerce Clause, sufficient for federal medical tort reform?

Carter Wood

8 Apr 2011 | 1:04 pm

Opponents of federal medical liability reform, that is Democratic politicians and trial lawyers, commonly make two arguments against Congressional action along the lines of the current H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare Act: 1. Liability reform ignores "the real issue", that of medical errors and patient safety, and 2. Federal legislation is an attack against the states, their laws, courts and prerogatives. The first is an attempt to change the subject, deflecting attention away from the costs of defensive medicine and putting the onus on doctors and insurance…
Prosser ahead in Wisconsin

Ted Frank

8 Apr 2011 | 7:35 am

Reports had Wisconsin Supreme Court Justice David Prosser's challenger, JoAnne Kloppenburg, ahead by 204 votes out of about 1.5 million, suggesting a long and painful ballot litigation that might have to go to a Wisconsin Supreme Court where three of the six remaining justices are heavily partisan. But Thursday, Waukesha County announced that it had not counted 14 thousand ballots that gave Prosser a 7000-vote lead. That doesn't change the possibility of litigation, but it does provide some cushion that makes it less likely that the election will be decided by a fluke of the courts.
Fifth Circuit: "harmless error" in Skilling case

Ted Frank

8 Apr 2011 | 7:30 am

The Fifth Circuit, in a remarkably shallow opinion, finds harmless error in Jeff Skilling's honest services fraud instruction and conviction. [Podgor (discussing harmless error procedure issues); Berman; Kirkendall; TalkLeft; WSJ Law Blog]

Ernie The Attorney
Little Big Firm follow up: Interview with Matthew Butterick

Ernie Svenson

7 Apr 2011 | 8:42 am

A few weeks ago I wrote a post entitled Little Big Firm, which argued that smaller firms and solo lawyers can do many things that only big law firms used to be able to do. Strategic use of technology is a key part of the equation. Of course, there are many technology options available and it's often hard for the busy lawyer to figure out which ones are worth exploring. I'd like to help lawyers find the most useful options in several key areas. The goal should always involve finding ways to do a better job for one's clients. Matthew Butterick's book Typography for Lawyers is a…
Mardi Gras 2011

Ernie Svenson

8 Mar 2011 | 11:34 am

If you live in New Orleans you know that today is Mardi Gras (a/k/a Fat Tuesday, or "Rubenesque Tuesday" to avoid accusations of "sizeism"). I've uploaded a few photos from this year's revelry to my Flickr site. Happy Maadi Gras Y'all!
Who gives you the really important information?

Ernie Svenson

8 Mar 2011 | 8:50 am

I love this quote by George Bernard Shaw: "Newspapers are unable, seemingly, to discriminate between a bicycle accident and the collapse of civilization." By which he means: small events will be reported as more important and potentially catastrophic than they probably are. Unless, of course, it's something that's catastrophic but requires a lot of work to investigate and explain (e.g. the sub-prime mortgage fiasco, or excessive government budget deficits). Don't blame the newspapers for giving readers what most of them want. Tantalizing gossip and simplistic explanations are in high demand.

On Point
Court Takes Legal Shield off Fatal Alligator Attack Case

8 Apr 2011 | 1:08 pm

The legal shield that usually protects landowners from being sued over wild animal attacks does not apply to the case of a woman who was allegedly killed by an alligator, a divided Georgia Court of Appeals has ruled.
Toilet Injury Case Bogs Judge Down in Latrine History

5 Apr 2011 | 4:48 pm

A New York judge has dug into the history of military latrines in dismissing the $2 million personal injury lawsuit of a civilian contractor who fell on wet tiles in a toilet facility at a U.S. Army base in Iraq.
Burlesque-Performing Teacher Claims Double Standard

1 Apr 2011 | 11:06 pm

The issue of whether college professors can perform as adult entertainers has surfaced again in the case of a psychotherapist who alleges she was fired from her job at a California school because she performed in a burlesque show.

The BLT: The Blog of Legal Times
$70 Million Bribery Settlement for Johnson & Johnson

Jenna Greene

8 Apr 2011 | 2:08 pm

Johnson & Johnson agreed to pay $70 million to settle charges of foreign bribery brought by the U.S. Securities and Exchange Commission and the Department of Justice. The company was charged with making improper payments to government doctors in Greece, Poland and Romania in violation of the Foreign Corrupt Practices Act and with paying kickbacks to the former government of Iraq under the United Nations Oil for Food Program. The SEC alleged that since at least 1998, subsidiaries of the New Brunswick, N.J.-based company paid bribes to doctors in Greece who selected J&J surgical…
Local Courts Will Continue to Hear Cases Following Shutdown, Staff Reductions Expected

Zoe Tillman

8 Apr 2011 | 1:04 pm

Washington’s local courts will remain open in the event of a government shutdown, with cases proceeding as scheduled, but almost all divisions that don’t serve critical city populations – juveniles and domestic violence victims, especially – will see a significant reduction in staff. Of the 1,323 full-time staff employed in the D.C. courts system, D.C. Superior Court and D.C. Court of Appeals, 833 will be considered essential, meaning about 40% of court staff will be temporarily out of a job come Monday if Congress fails to pass a budget. Cases proceeding in the criminal, civil and…
HSBC Bank USA Picks Up Wilmer in Tax Evasion Probe

Mike Scarcella

8 Apr 2011 | 12:59 pm

Wilmer Cutler Pickering Hale and Dorr is representing HSBC Bank USA as the Justice Department and IRS investigate whether U.S. residents are hiding money overseas to avoid paying federal taxes. DOJ yesterday asked a federal judge in San Francisco to authorize the IRS to serve "John Doe" subpoenas to acquire the names of U.S. taxpayers with accounts at HSBC India. Prosecutors believe U.S. taxpayers are hiding money in accounts in India to evade federal taxes. The government’s team is led by Tax Division senior trial attorneys Kevin Downing and John Sullivan and trial attorneys Mark…

Ask the Lawyer @ Dear Esq.
My Ex Hasn’t Seen Our Son for Years. Can I Have His Parental Rights Terminated?

Anon

18 Mar 2011 | 12:59 pm

My ex has had no part of our child's life for the past four years. How can I terminate his parental rights?
My Fiance Was Married Twice Before, but One Was Common Law. What Needs to be Done to Make Our Marriage Legal?

Anon

17 Mar 2011 | 11:25 am

My fiance was common law married at 17 and married another man at 21. How do we ensure that she isn't legally bound to either of these men before we get married?
Another Man is Paying Child Support For a Child I Also Support. What Can I Do?

Anon

15 Mar 2011 | 1:09 pm

I just discovered that another man is also paying child support for my child. What can I do?

JURIST - Paper Chase
US jury acquits anti-Castro militant on perjury charges

9 Apr 2011 | 10:05 am

[JURIST] A federal jury on Friday acquitted anti-Castro Cuban militant Luis Posada Carriles [BBC profile; JURIST news archive] of charges of lying to federal immigration officials. He was indicted [Miami Herald report] before the US District Court for the Western District of Texas [official website] on two counts of perjury and nine counts of making false statements regarding his involvement in the bombing of tourist attractions in Havana [WP report] in 1997 and the 1976 bombing of a Cuban airliner [ASN backgrounder]. US District Judge Kathleen Cardone suspended the trial several times [Miami…
US House votes against net neutrality regulations

9 Apr 2011 | 9:48 am

[JURIST] The US House of Representatives voted on Friday to overturn regulations aimed at preserving the Internet as a free and open platform of communication. The Federal Communications Commission (FCC) [official website] approved the regulations last year [JURIST report], which prevent Internet providers from selectively blocking web access. The House voted 240-179 [Reuters report] in favor of a resolution that blocks the regulations. House Majority Leader Eric Cantor (R-VA) [official website] applauded the passage [statement] as "an important step" for House republicans:These regulations…
US State Department releases 2010 annual rights reports

9 Apr 2011 | 6:46 am

[JURIST] The US Department of State (DOS) [official website] on Friday released the 2010 Country Reports on Human Rights Practices [materials]. The report outlined three prevailing trends that shaped human rights in 2010. These included the growth of nongovernmental organizations (NGOs), the increase in access to the Internet and mobile phones, and the continuing escalation of violence, persecution and discrimination. The report also noted that the impact of the ongoing protests in the Middle East and North Africa [BBC backgrounder] on international human rights could not be known:[W]e cannot…

Civil Negotiation and Mediation
Enchanted by Guy Kawasaki

28 Mar 2011 | 1:55 pm

I’ve been an admirer of Guy Kawasaki for some time. I just started reading his latest book, Enchantment. Enchantment, he says, “. . . causes a voluntary change of hearts and minds and therefore actions. It is more than manipulating people to help you get your way. Enchantment transforms situations and relationships. It converts hostility into civility. It reshapes civility into affinity. It changes skeptics and cynics into believers.” (Full disclosure: among a long list of Kawasaki’s…
Negotiation Mistake #7: Losing the Momentum

21 Mar 2011 | 10:25 am

(This is the last in a series of 7 Mistakes Really Good Negotiators Make.) As Yogi Berra famously said, "It ain't over 'til it's over." (You can buy his book, containing this and more Yogi-isms, here.) Let’s assume that you’ve tested the other side and discovered that “No” really does mean “No.” They have stopped short of your settlement range an you’re returning to your office without a settlement. What do you do now? You could assume that the case will never settle and move on to the next one. Or, you could:  Recognize the anger and frustration the failure…
Negotiation Mistake #6: Stopping at Their "No"

14 Mar 2011 | 4:47 pm

(This is the sixth in a series of Seven Mistakes Really Good Negotiators Make.) If the other side says, “No,” to your latest demand/offer, and you pack up your briefcase and leave the mediation, you’ve actually made two mistakes. First, you’ve acted on your own assumption, without checking whether it’s valid or not, that their “No” really meant “No.” Second, you’ve lost an opportunity to learn something about the other side that could help you either settle the case or give you an insight into how to try it. So first you need to find out if “No” really means “No,”…

The Volokh Conspiracy
Meanwhile, Back in Wisconsin

Jonathan H. Adler

10 Apr 2011 | 6:49 am

(Jonathan H. Adler) Justice David Prosser remains ahead of JoAnne Kloppenburg by over 6,700 votes in the high profile Wisconsin Supreme Court election, but there still may be a recount, either statewide or of Waukesha County.The fate of the controversial legislation restricting public sector collective bargaining remains unclear. On Thursday, the state’s Attorney General filed a petition for a supervisory writ with the Wisconsin Supreme Court seeking to vacate Dane County Judge Maryann Sumi’s TRO against enforcement of the bill. Among other things, the AG’s petition argues that Judge…
Sidney Lumet RIP

Jonathan H. Adler

9 Apr 2011 | 9:43 am

(Jonathan H. Adler) Director Sidney Lumet died this morning at the age of 86. Among his many films were the classics “12 Angry Men,” “Network,” “Serpico,” and “Dog Day Afternoon.” His last film was “Before the Devil Knows You’re Dead.” His later work may not have rivaled his early classics, but he was a tremendous filmmaker with a long and impressive career. The NYT obit is here.
Kagan’s Recusal Manuevers

Jonathan H. Adler

9 Apr 2011 | 8:14 am

(Jonathan H. Adler) While serving as Solicitor General, Justice Elena Kagan allegedly began maneuvering to avoid having to recuse in any eventual challenges to the Patient Protection and Affordable Care Act, months before her nomination was announced — indeed, even before she was told she was under consideration — according to a series of documents released in response to a Freedom of Information Act request. The National Law Journal reports on the disclosures here (registration required).The documents, mainly in the form of printouts of internal email chains, show that now-Acting…

Balkinization
Judicial elections

Sandy Levinson

6 Apr 2011 | 7:18 pm

So what should right- (or left-)minded people think of elected judiciaries? The conventional wisdom among traditional elites is "not much." They politicize a process that should, ideally, be devoted to discovering and then placing on the bench the "best men and women" who will perform the tasks of judging in a suitably non-political manner. The problem, of course, is that there's no reason at all to believe that turning appointment over to presidents or governors "depoliticizes" the process, though it might make it more opaque. Consider Sandra Day O'Connor, currently leading a national…
Fed & OCC vs. Transparency

Frank Pasquale

6 Apr 2011 | 3:39 pm

The Obama Administration has been no great friend of transparency, as Danielle Citron, David Levine, and Glenn Greenwald have shown. Obama paradoxically "accepted [a] 'transparency' award [last week] in a closed, undisclosed meeting at the White House." Unfortunately, secrecy has also been a troubling practice at the Fed and other financial regulators over the past few years. As Gretchen Morgenson has noted, In August 2007, as world financial markets were seizing up, domestic and foreign banks began lining up for cash from the Federal Reserve Bank of New York. . . . Thus began the bank run…
Fareed Zakaria connects the dots!!

Sandy Levinson

5 Apr 2011 | 2:25 pm

Fareed Zakaria has indeed connected the dots in a remarkable essay in Time. We finally have a major-league pundit who is willing to criticize our 18th century Constitution. As we prepare for a government breakdown and the potential collapse of the world financial market should House Republicans refuse to increase the debt limit, will others join him in recognizing that the Constitution, in all too many ways, is comparable to the Articles of Confederation in terms of the dysfunctional political system it has helped (even if, surely, not solely caused) bring about? Or will we settle for almost…

Althouse
"The Scary Reality of a Real-Life Barbie Doll."

annalthouse@gmail.com (Ann Althouse)

10 Apr 2011 | 7:40 am

I don't know what's scarier funnier, a 6-foot Barbie or this image of a young woman sculpting it: Taking stacks of newspaper, glue and water, I skipped my high school semi-formal dance to give my girl some skin. Oddly, I started to feel my fondness for Barbie return, now not as a plaything but as a tool to reveal the negative body image that she promotes. As I papier machéd, I couldn't forget Barbie's impressive bust and blew up balloons over and over again to achieve a perfect 39" measurement. Once her chest was secured, I spent hours dipping and smoothing the paper, and later mixed paints…
Beware of the death unions.

annalthouse@gmail.com (Ann Althouse)

10 Apr 2011 | 6:45 am

Rush Limbaugh talked to Governor Scott Walker: [W]e agreed that in terms of messaging, the whole term "collective bargaining rights" has somehow attached itself to people across the country as the essence of fairness such that if a state or an entity of some kind seeks to "deny citizens" -- union members -- their "collective bargaining rights," it is seen as an act of profound unfairness. It's a messaging thing. Because, of course, "collective bargaining," when you're talking about a public union and public sector employees, who are they collectively bargaining against? Taxpayers. They're…
"Had this been George Bush or almost any other President or Presidential aspirant, they would never have been allowed to attain office, or would have been thrown out of office very quickly."

annalthouse@gmail.com (Ann Althouse)

10 Apr 2011 | 6:14 am

"For some reason, the press protects President Obama beyond anything or anyone I have ever seen. What they don't realize is that if he was not born in the United States, they would have uncovered the greatest 'scam' in the history of our country. In other words, they would become the hottest writer since Watergate, or beyond." Donald Trump makes a criticism of the press that is far more important than the "birther" issue itself. ADDED: The New Yorker has a big profile of Trump: The patented Trump palaver, a gaseous blather of “fantastic”s and “amazing”s and “terrific”s and…

Concurring Opinions
A Supreme Court Filibuster

Gerard Magliocca

10 Apr 2011 | 5:57 am

With the recent walkout in the Wisconsin Senate still fresh in our minds, I’m wondering about the following problem. A federal statute (28 U.S.C. s. 1) provides that six Justices constitute a quorum. Suppose that in a given case four Justices refuse to participate any further because they are outraged at the draft opinion circulated by the majority. Can they effectively filibuster that opinion until it’s withdrawn? I think one question is when does a quorum attach. Is it when the cert petition is voted on? When oral argument happens? When a case is discussed in…
Innovation in Law School Education

Dave Hoffman

9 Apr 2011 | 2:06 pm

A number of law faculties have sent out resolutions that attack the proposed new ABA Accreditation standards. The basic claim is was articulated by the AALS: the proposed standards would decouple accreditation and tenure, thereby making it possible to run an accredited law school without a tenured faculty. (Tamanaha memorably fisked the AALS here.) Last week, Temple’s faculty joined the chorus against the changes in the rules. In light of my priors on this issue, I voted against the majority’s resolution, and I am happy to report that eleven of my colleagues joined me…
Worrying About the Presidential Succession Law

Brian Kalt

7 Apr 2011 | 8:05 pm

Legal scholars have complained for many years that the current presidential succession statute, passed in 1947, is unconstitutional. The main complaint is that the Constitution’s Succession Clause empowers Congress only to place “officers” in the line of succession, and the Speaker of the House and the President Pro Tem of the Senate (whom the statute places second and third in line, respectively) are not “officers” as the Constitution uses the term. There are other practical complaints too. Nowadays, the Speaker is usually not a member of the president’s party, and the President…

The Becker-Posner Blog
The NCAA as a Powerful Cartel-Becker

Gary Becker

3 Apr 2011 | 4:34 pm

“March Madness” involves a tournament of now 68 top college basketball teams. It culminates tomorrow night in the championship game between upstart Butler and perennial basketball power, the University of Connecticut. The National Collegiate Athletic Association's (NCAA) sanctioned basketball playoffs start in middle of March and attract a large audience in attendance, and additional millions who watch the games on television all over the world. Every year prior to this final tournament, and sometimes even during the tournament, different violations become public of NCAA rules on…
Monopsony in College Athletics—Posner

Richard Posner

3 Apr 2011 | 4:02 pm

The most common type of cartel is an agreement among competitors not to sell their product below a fixed price that will generate monopoly profits for the parties to the agreement. But another type of cartel, termed monopsonistic (from the Greek words for “one” and “purchasing of food”) rather than monopolistic (one seller, versus one buyer in a monopsonized market), is an agreement among competitors not to pay more than a fixed price for a key input, such as labor. By agreeing to pay less, the cartel purchases less of the input (and perhaps of lower quality), because less is supplied…
Public-Employee Unions—Posner

Richard Posner

27 Mar 2011 | 2:43 pm

A union is a workers’ cartel. Its goal is, by threatening to shut down the employer’s production by the workers’ refusing to work, to increase the workers’ full income, where “full” signifies that a worker’s income in economic terms consists not just of wages and benefits but also of the length of the workday, how dangerous and strenuous the work is, and job security. Unions in the private sector are most effective in industries in which competition is weak and in industries that do not produce a storable commodity. A good example of the latter is the airline industry; an…

The University of Chicago Law School Faculty Blog
Moving Forward in Google Book Search

Randy Picker

24 Mar 2011 | 12:49 pm

On Tuesday, after more than a year of silence, Judge Denny Chin rejected the proposed settlement in the Google book search case. The innovative settlement asked more than Rule 23 could deliver. In his words, the settlement “would simply go too far.” Others have offered a detailed run down on the opinion itself (see Kenneth Crews here and James Grimmelmann here) but I want to turn to the bigger picture and ask: Where does this result leave us? This case was always about default settings. Google could accomplish large chunks of what it sought through contract and it has done so. Active…
Student Blogger - Winter WIP: Douglas Baird Appraises Ponzi's Legacy

Ross McSweeney

17 Mar 2011 | 8:41 am

Even though it’s the off-season, the New York Mets have been in the news quite a bit recently—and not, to the dismay of their fans, because of any free agent signings. Instead, the team’s owners—the Wilpon family—were named in a lawsuit filed on behalf of the victims of the Bernie Madoff Ponzi scheme. Though the Wilpons are not thought to have personally aided Madoff’s fraud, they are alleged to have ignored the red flags surrounding Madoff’s operation. The legal theories that form the basis for this suit—that, essentially, the Wilpons should have known better—are the…
The Adjustment Bureau

saul levmore

16 Mar 2011 | 12:28 pm

Spring break is for grading exams but also for skiing and movie-going. My bad judgment was to believe some of the good reviews garnered by The Adjustment Bureau. It's an inept movie that begins with a clever idea but cannot figure out where to go. The conceit, based on a Philip K. Dick story, is that there is a plan for each human, and that when any of us drifts from our plan, a small adjustment is administered by overworked angels (who circulate among us in 1960s’ fedoras and suits) in order to nudge us back on our intended paths. At the start, an angel falls asleep and misses the assigned…

Sui Generis-a New York Law Blog
Read all about the most recent Xemplars

NBlack

8 Apr 2011 | 8:21 am

Image via Wikipedia As I've mentioned before, I recently became involved in a really interesting new project: The Xemplar. It's a new website devoted to innovative solo and small firm attorneys that lead the way and make a postive impact on our profession and their communities. In case you missed it, here are links to the articles featuring some of the most recent Xemplars: Don Thompson-Justice at the End of a Long, Dark Tunnel Jay Shepherd-Time for a Change Susan Burke-Justice First And, feel free to nominate any innovative, exceptional solos or small firms attorneys here.
Ask an irrelevant question, get an irrelevant answer.

NBlack

5 Apr 2011 | 11:28 am

This week's Daily Record column is entitled "Ask an irrelevant question, get an irrelevant answer." A pdf of the article can be found here and my past Daily Record articles can be accessed here. Ask an irrelevant question, get an irrelevant answer. The legal blogosphere has been atwitter lately over the results of a survey conducted by the American Bar Association’s Standing Committee on the Delivery of Legal Services. The goal of the survey was to determine how people go about finding a lawyer to handle their personal legal matters. This simple survey resulted in a surprising number of…
The iPad: The Future of Personal Computing

NBlack

28 Mar 2011 | 5:39 pm

This week's Daily Record column is entitled "The iPad: The Future of Personal Computing." A pdf of the article can be found here and my past Daily Record articles can be accessed here. The iPad: The Future of Personal Computing Approximately 14.8 million iPads were sold in 2010, with 7.3 million being sold in the last quarter of 2010. One year ago, industry experts predicted far smaller numbers ranging from 3 million to 9 million. In 2010, iPad sales were so high that its revenues for actually surpassed Apple’s portable computer revenues last year. Earlier this month, the iPad 2 was…

Brian Leiter's Law School Reports
Why does "Faculty Lounge" list more faculty moves than have appeared here?

Brian Leiter

9 Apr 2011 | 7:47 am

Their list is here. Two main reasons: (1) I have only posted news about senior hires of academic faculty with tenure, whereas the FL list...
Wisconsin's Judicial Election

Brian Leiter

8 Apr 2011 | 8:55 am

Rick Hasen (UC Irvine) has had useful coverage of the issues. UPDATE: Professor Hasen has some fun.
UCSD - Cal Western Merger Suspended

Dan Filler

7 Apr 2011 | 5:31 am

The University of California San Diego and California Western School of Law, who have previously discussed a meger, put those suspended those plans yesterday. Leaders...

Conglomerate
The SEC In A Shutdown

David Zaring

7 Apr 2011 | 3:42 pm

The thing to do is to outsource to Gibson Dunn: [W]e believe that little or no action will be taken during any shutdown on matters requiring action by SEC staff, including with respect to comment letters for IPOs or other securities offerings, M&A transactions or periodic filings, reviews of confidential treatment requests or no-action letters, review/no-review decisions and rulemaking actions. We expect that the Division of Trading and Markets will have limited staff on hand to deal with time sensitive trading, markets, or financial responsibility issues. We believe that EDGAR will still…
I Knew Him, Horatio

Usha Rodrigues

7 Apr 2011 | 9:03 am

And now anyone who knows me, you're one degree of separation from Matt Kluger, ATL's Lawyer of the Day, an NYU Law graduate who summered at Cravath, worked at Skadden, and started working at the DC-area office of Wilson Sonsini just as I was leaving law practice for a career in academe. If you haven't been following the story, Kluger and Garrett Bauer, a New York trader, are accused of trading on inside information Kluger obtained while working on M&A deals, and making $32 million doing it. Is this story shocking or expected? I'm not sure how many would admit to thinking that law firms…
Links: Administrative Law Edition

David Zaring

5 Apr 2011 | 11:27 pm

Unsurprising but worth documenting: check out how many bank execs are meeting with Treasury on Dodd-Frank implementation issues. Theonly CEO is Wells Fargo's Stumpf, however. Was he asking for a job? If you made a list, you probably were a bureaucrat: what the classics can tell us about governance. On the day of it's relaunch, I'll point the interested among you to Penn's RegBlog, which does a very good job of keeping up with the administrative state (there's an active group of students involved, which certainly helps). Good Op-Eds too - here's David Skeel on Dodd-Frank, and he oughta…

ms-jd.org
Ms. JD Weekly Roundup: Week Ending April 8, 2011

Ms. JD Weekly Roundup

8 Apr 2011 | 2:05 pm

Image: ms_jd_weekly_round-up.jpg National Judicial Education Project launches online training resources for attorneys and judges handline sexual assault cases National Women's Law Center Recruiting Bloggers for Fair Pay Day Event Women's Bar of Illinois to Honor AG Lisa Madigan and Rep. Jan Schakowsky UCLA Appoints Professor Carole Goldberg Vice Chancellor California Presiding Justice Joan Klein to Keynote California Women Lawyers Annual Conference Re. Debbier Wasserman Schultz to lead DNCread more
Ms. JD & Law School Podcaster Present: Exam Prep - Advice to Help You Make the Grade

Ms. JD

8 Apr 2011 | 6:45 am

Image: screen_shot_2011-04-08_at_6.31.02_am.png For the second time this year, Ms. JD has partnered with Law School Podcaster to produce audio content for law students. The result is this fantastic episode on law school exam prep, just in time for finals. Guests on the podcast include Ursula Furi-Perry, a Ms. JD 2010 Writer in Residence and Nicolle Kownacki and Epiphanie Marquez, both 2010 Ms. JD Fellowship winners from UCLA and UT, respectively. This Ms. JD all-stars are joined by Barbara Lasoff, Senior Series Editor for Emanuel Outlines. The guests discuss outlines, office…
I am - Narrate Your Career

JKHoey

6 Apr 2011 | 11:00 am

Image: jkh_photo_4_.jpg Last week, I participated in the student workshops at Ms JD’s 4th Annual Conference. The workshops (communications, self-promotion and networking) were designed by Linda Chanow and the D.C. Women’s Bar and are now a permanent program at the University of Texas Center for Women in Law. The workshops are challenging -for both the participants and facilitators – and in the challenge comes personal advancement. The conference attendees were an impressive, self-selected group of women law students looking for something other than pre-packaged guides…

Biker and Motorcycle Lawyer Blog
Norm’s Tidbits, April 5, 2011

Norman Gregory Fernandez

5 Apr 2011 | 9:53 pm

In Tempe, Arizona by invitation of the ABA and ASU – I am here in Tempe, Arizona at the invitation of the American Bar Association, and Arizona State University (Sandra Day O’Conner) School of Law, to give a speech to the law students. Arizona State University is a huge college, it happens to be the second largest college in the United States. When I first saw the campus this afternoon, I was amazed at how large it is. I am looking forward to speaking to the law students tomorrow, and interacting with them at lunch after the speech. My philosophy has always been that I like to give back…
California Cell Phone Hands Free Law means Hands Free!

Norman Gregory Fernandez

5 Apr 2011 | 8:05 am

A Biker and Motorcyclist worst nightmare! As many of you know, or should know, on July 1, 2008, a California law took effect which bans the use of cell phones without a hands free device while driving. I wrote an article about it which you can read by clicking here. Many people think that the law allows you to hold your phone and use the speaker phone function of the cell phone while driving, so long as you do not hold it to your head. Well guess what, you cannot. Technically under the hands free law, you cannot hold your phone to even dial it while driving. Now here is the kicker, the fine…
Riding with the Right Gear

Norman Gregory Fernandez

28 Mar 2011 | 3:48 am

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., Courtesy of the Riverside Press Enterprise Newspaper, and Jennifer Fraley of Sunshine Photography You have bought a new motorcycle, taken a motorcycle safety course and are ready to hit the open road. What else can you do to help protect yourself? Wear the right gear – an approved helmet, face or eye protection and protective clothing. Helmet Accidents can happen to anyone. According to the Motorcycle Safety Foundation (MSF-USA), one out of every five motorcycle accidents results in head or neck…

The Inspired Solo
9 Productivity Tips For Lawyers Who Use Evernote

Jay Fleischman

22 Mar 2011 | 1:00 am

They say an elephant never forgets. The problem is that with so much going on in our law practices, we’re often the exact opposite of the elephant. Tasks, phone messages, faxes and emails fly at us all day long and it makes it impossible to keep up. We see something useful and promptly file it in a mental “to be read later” stash, then we forget the stash. If you’re like me, you’ve got enough on your plate. You’ve tried to-do lists, manila folders and a host of other methods designed to help you maintain order. In my entire legal career, however,…
Two Time Management Systems For Solo Lawyers

JamesHart

13 Jan 2011 | 10:00 pm

As lawyers, we are constantly struggling to squeeze more time out of our days. I’ve found that the best way to accomplish this feat is to implement systems in our daily lives. Anytime you find yourself working on something over and over again, you should systematize the process so that it can be easily replicated. Here are two systems that I use in my practice. The first “system” is used to effectively follow-up with clients on a regular basis. The second “system” is used to balance all of my personal commitments with my professional, legal responsibilities: Client Contact System At…
4 Real-World Steps To Implementing Inbox Zero

Jay Fleischman

11 Jan 2011 | 10:00 pm

Inbox Zero offers lots of tips to clear your inbox. But busy lawyers don’t want a bunch of cute tips – we need a practical, step-by-step how to. The truth is that there is no single way to handle Inbox Zero, and I think that’s because everyone’s mind works in a different way. But in all my years of being an attorney – and in coaching so many solo and small firm lawyers – I’ve come to realize that it’s like an episode of Dragnet sometimes. Tell me exactly what to do, and I’ll do it. If it works then I’ll keep it; if not, I’ll…

PT-LawMom
Gathering Thoughts

ptlawmom

27 Mar 2011 | 6:35 am

It’s been an exhausting week. 12-14-hour days, meetings with HR and Big Boss, disappointing news on stock options, calls from recruiters. Sigh… Crazy chick was unable to prove her claim to HR that i was withholding tools necessary to do her job. Not only could she not prove it but I had an indexed file [...]
Unpause

ptlawmom

19 Mar 2011 | 4:08 pm

So, it’s done. I’ve been accepted to [law school x] and the California Bar has waived the FYLSE and given me credit for 1L. Will have to repeat Civ Pro because of the state bar treatment and Property because CA requires one year instead of 1/2. I don’t have a problem with that. This time [...]
Weekly MILP Roundup #194

ptlawmom

13 Mar 2011 | 9:22 pm

The Weekly MILP (Moms In the Legal Profession) Roundup** is hosted on a rotating basis at the PT-LawMom, Attorney Work Product and A Little Fish in Law School blogs and is usually posted no later than Monday. Next week Proto Attorney will have it. Thanks Infant Attorney this is funny Glee/law school stuff! LEO drank [...]

Durham-in-Wonderland
Reflections on the Beaty Rulings

KC Johnson

3 Apr 2011 | 9:01 pm

[Update, 2.07pm, Monday: Zach Tracer has an excellent summary in the Chronicle, with quotes from a Durham spokesperson and Duke Law prof Thomas Metzloff. The analysis of Metzloff (someone who I know a little & respect a lot) on the Durham aspect of the lawsuit, in light of the Beaty rulings: “This is still, even without punitive damages, potentially high-stakes litigation for the city."]A few comments about last week’s rulings from Judge Beaty. In general, the rulings seemed like very good news for the falsely accused students and a very bad development for the triumvirate of Durham,…
Mangum Arrested (Yet Again)

KC Johnson

3 Apr 2011 | 10:03 am

False accuser Crystal Mangum was arrested, yet again, reports WTVD-11:Officers say they were called to the scene of a stabbing at a home located in 3000 block Century Oaks Drive, early Sunday.When police arrived they say they found a 46-year-old male who had been stabbed in the torso.The man was taken to Duke University Hospital for treatment of his serious injuries.Officers say they later arrested Mangum, 32, in a nearby apartment.Mangum is charged with assault with a deadly weapon with intent to kill inflicting serious injury. She is being held at the Durham County Jail on no…
Beaty Decision (Carrington Lawsuit, Unindicted Players): Updated

KC Johnson

1 Apr 2011 | 6:13 am

In general, perhaps the most surprising element of this filing came not from Judge Beaty but from Duke spokesperson Michael Schoenfeld, who commented that a ruling in which Pres. Brodhead, Tara Levicy, Dean Sue Wasiolek, and Duke Health would remain as defendants, and thus be subject to depositions and discovery, and in which Duke professors were condemned for having committed possibly liable acts, (and, for the record, in which a federal judge affirmed Duke's argument that its handbook and bulletin aren't legally binding on Duke, a finding that I doubt very much Duke shares with too many…

Legal Profession Blog
"I Do What They Tell Me To Do"

Legal Profession

8 Apr 2011 | 10:44 am

The Pennsylvania Supreme Court accepted the consent disbarment of an attorney convicted of a series of felonies relating to his handling of drug money. After the arrest of a client on drug charges, the attorney met with the client's mother....
Substantially Related

Legal Profession

8 Apr 2011 | 10:10 am

The Louisiana Supreme Court imposed a reciprocal reprimand based on the action of the Tennessee Supreme Court. The misconduct: ...respondent was retained to represent the defendant in a criminal matter. The defendant was employed by a company which is also...
Unforgiven

Legal Profession

8 Apr 2011 | 9:13 am

The Pennsylvania Supreme Court has imposed a stipulated sanction of a six-month suspension of an attorney who had practiced in violation of an administrative suspension for non-compliance with CLE obligations. The conduct took place over an approximately one month period...

China Law Blog
Protect Your China IP With Character.

Dan

10 Apr 2011 | 5:58 am

I know I have said this a million times, but what I like so much about practicing law is that I get to work with the same companies for year after year and so i get to see what works and what doesn't. What I have found, maybe not that surprisingly, is that some companies just seem to have it. I have one client who works in a really tough business. These company supplies a commodity to mostly Russian, Chinese, and Korean companies on credit. I have represented this company for probably ten years and in that time many of its competitors have shut down and yet this one company just keeps on…
How To Prepare For The Worst In China. And Why You Should.

Dan

9 Apr 2011 | 12:28 pm

Not that long after the fall of the Soviet Union, I, along with others in my law firm, had to spend considerable amounts of time in fairly remote places in Russia like Vladivostok, Petropavlovsk-Kamchatsky and Yuzhno-Sakhalinsk. Things were very uncertain in that part of Russia back then and we developed certain rules to protect ourselves. For instance, we always made sure that each person had at least enough cash to buy a last minute flight to Moscow and then from there back to the United States. Before leaving, we also would contact our Russian friends (including the spouse of a Russian…
United States Food Safety Reaching To China.

Dan

8 Apr 2011 | 11:48 pm

This post was written by Seattle based attorney Marc Sanchez, who handles food and product safety matters ranging from drafting product recall manuals to assisting US ranchers with import compliance for cattle raised in Mexico. Marc also writes a food law blog called Food Court. I asked Marc to write this post after he told me how recent changes in U.S. food safety laws will likely impact China's food safety and U.S. companies that import food from China. In January, the Food Safety Modernization Act (FSMA) was passed and signed into law in the United States. This Act is the first…

Patent Law Blog (Patently-O)
Challenging USPTO Decisions in the Courts

Dennis Crouch

9 Apr 2011 | 9:25 am

Last year the Board of Patent Appeals and Interferences decided over 7,000 ex parte cases. In about half of those decisions, the examiner rejections were entirely affirmed. After losing at the Board, an applicant has two primary avenues for challenging the Board's decision: (1) Appeal to the Court of Appeals for the Federal Circuit under 35 U.S.C. § 141; or (2) File a civil action in district court under 35 U.S.C. § 145. By the time that the BPAI appeal is complete, the average applicant will have spent over $25,000 on the application and prosecution process. That substantial figure is an…
US Patent Office and the Government Shutdown

Dennis Crouch

7 Apr 2011 | 5:19 pm

Many patent applicants have expressed some concern regarding the potential federal government shutdown after Friday, April 8th. The basic problem is that a federal agency is not supposed to spend any money without congressional authority to spend the money. This limit comes directly from the US Constitution, which says "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." Article I, Section 9. That said, it is generally thought that essential federal employees can continue to work. For the most part, however, USPTO employees would not qualify…
Confidentiality Designations in Federal Circuit Appeals

Jason Rantanen

7 Apr 2011 | 3:26 pm

By Jason Rantanen In re violation of Rule 28(D) (Fed. Cir. 2011) (precedential order) Download 11-m976 orderPanel: Dyk (author), Prost, and Moore Patent litigations, by their nature, often invove commercially sensitive information. Unsurprisingly, parties are frequently reluctant to reveal the innermost workings of their manufacturing processes or valuable financial data. To preserve the confidentiality of this information, parties enter into agreed-upon protective orders that help ensure that their proprietary information is not disclosed outside the confines of the litigation.

Legal Talk Network
Google Books Settlement Overturned: Now What?

admin

8 Apr 2011 | 11:02 am

Google and a group of authors and publishers who sued the internet giant, are heading back to the bargaining table after a federal court judge declined to approve a proposed 125-million-dollar settlement between the two parties. Attorney and co-host J. Craig Williams welcomes George H. Pike, Director of the Barco Law Library and Assistant Professor of Law at the University of Pittsburgh School of Law and Attorney Lois F. Wasoff General Counsel for Publishers International Linking Association (“CrossRef”), to discuss this latest decision. They talk about the Judge’s decision…
Suffolk’s SJD Program

admin

7 Apr 2011 | 10:11 am

Dean of Admissions Gail N. Ellis discusses Suffolk Law’s new Doctor of Juridical Science (SJD) program. Additional information is available through the Law School’s Office of Admissions, 617-573-8144 or lawadm@suffolk.edu.
Representing Death Row Inmates

admin

6 Apr 2011 | 12:49 pm

A lawyer who has spent 30 years representing inmates who sit on death row is our guest on this edition of the BU Law podcast. Host and media veteran, Dan Rea of WBZ-Radio 1030 welcomes Kenneth J. Rose, senior staff attorney at the Center for Death Penalty Litigation in North Carolina, to spotlight the Center and their work with death row inmates. Dan and Ken discuss the personal 10-year battle to save a mentally challenged farmhand, Bo Jones from execution, the 2009 Racial Justice Act, misrepresentation by attorneys and the great debate over the death penalty.

Patent Baristas
American Conference Institute’s Paragraph IV Disputes Conference

Stephen Albainy-Jenei

7 Apr 2011 | 12:00 pm

When: Tuesday, May 03 to Wednesday, May 04, 2011 Where: Marriott Downtown, New York City, NY What: American Conference Institute’s Paragraph IV Disputes conference is the undisputed source for Hatch-Waxman litigation strategies for brand-names and generics. This event — which is widely recognized for setting the standards for Paragraph IV litigation and which also serves as the annual meeting place for the “who’s who” of pharmaceutical patent litigation — is now the single forum on which brand name and generic companies can rely for answers during this turbulent time in which the…
Does the USPTO’s Policy Regarding Examination of RCEs Cause Unnecessary Delay?

Stephen Albainy-Jenei

6 Apr 2011 | 11:24 am

On October 19, 2009, the U.S. Patent and Trademark Office released a “Notice of Change to Docketing of Requests for Continued Examination.” The Notice indicated that requests for continued examination (RCEs) filed on or after November 15, 2009 will be placed on the examiner’s “Special New” application docket instead of the examiner’s amended docket. An examiner’s “Special New” docket also includes divisional and continuation applications, as well as applications accorded special status under 37 C.F.R. § 1.102. Read the full notice here. The stated…
BIO Hosts U.S./China Biotechnology Examiner Workshop with USPTO and China’s SIPO

Stephen Albainy-Jenei

6 Apr 2011 | 11:05 am

The Biotechnology Industry Organization (BIO) hosted a U.S./China Biotechnology Examiner Workshop with U.S. Patent and Trademark Office (PTO) and China’s State Intellectual Property Office (SIPO) on March 28, 2011 in Beijing, China. The workshop which was organized by BIO for SIPO examiners, focused on biotechnology patenting and encouraged bilateral cooperation between SIPO and the USPTO. The workshop was the first of a series of meetings intended to open communication and establish a relationship between the two groups. BIO will work with the SIPO to strengthen China’s regulatory system…

Religion Clause
Town Reverses Itself On Roadside Bible Verse Sign

Howard Friedman

10 Apr 2011 | 8:27 am

In reaction to a lawsuit filed against it last month (see prior posting), the town of Chichester, New Hampshire's Planning Board has reversed itself and by a vote of 5-2 has agreed to permit an electronic roadside sign that displays a different Bible verse every day to be put up on property along Route 4. A press release by Alliance Defense Fund says that opponents originally argued that the sign might display "objectionable" Bible verses and might distract drivers more than commercial signs.
Suit Challenges High School's Refusal To Recognize Pro-Life Student Club

Howard Friedman

10 Apr 2011 | 8:15 am

A federal court lawsuit was filed last week in Minnesota challenging a public high school's refusal to recognize a pro-life student group, the ALIV (All Life Is Valuable) Club, as an official student organization. The complaint (full text) in ALIV Club v. Independent School District #885, (D MN, filed 4/7/2011), alleges that the school refused recognition because the club "does not support the student body as a whole." The suit was filed by the club and a Christian student who is a member and leader of the group. It alleges that the school district has violated the Equal Access…
Recent Prisoner Free Exercise Cases

Howard Friedman

10 Apr 2011 | 8:00 am

In Sareini v. Burnett, 2011 U.S. Dist. LEXIS 34525 (ED MI, March 31, 2011), a Michigan federal district court permitted a Muslim plaintiff to move ahead with his complaint that prison authorities cross-contaminate the vegetarian meal option offered to inmates. However it rejected his claim that his rights were violated when he was denied a halal diet and not permitted to possess certain religious items. The court also rejected a claim that prisoner banquet restrictions prevented accommodation of Muslim religious holidays. The magistrate's recommendation is at 2010 U.S. Dist. LEXIS 142414,…

LIKELIHOOD OF CONFUSION®
A different Slant

Ron Coleman

7 Apr 2011 | 10:42 am

Does this story in the Northwest Asian Weekly about the trademark registration woes of a rock band called The Slants sound familiar? The Slants, whose members are of Asian descent, have amassed fans nationwide, taking the stage at dive bars, Asian festivals, anime conventions, and even serving on panels to discuss racial stereotypes. But behind the [...]
The ugly side of branding

Ron Coleman

5 Apr 2011 | 6:36 am

Originally posted 2007-07-27 15:42:20. Republished by Blog Post PromoterWho but the ultimate trademark pig the NFL would make unwilling third parties endorse their sponsors? Makes me want to throw a SUPER BOWL PARTY! The ugly side of branding ©, .
Frizzled trademark in Korea

Kyung Jae Park

5 Apr 2011 | 6:36 am

The Seoul Central District Court rules that the trademark “The Magic School Bus” of SCHOLASTIC INC. in America is different from “School Bus” of DAE GYO CO., LTD. in Korea. We would like to share a decision of the Korean court on a trademark infringement case. The plaintiff was a Korean company while the defendant [...]

Sentencing Law and Policy
Noting state resistance to federal law on sex offender registries

Doug B.

9 Apr 2011 | 2:40 pm

This new Wall Street Journal article, headlined "States Resist Federal Sex-Offender Registry," discusses states' continued disaffinity for adopting the federal sex offender registry rules enacted through the Adam Walsh Act. Here are excerpts: The federal government's attempt to track sex...
"Not In My Name: An Investigation of Victims’ Family Clemency Movements and Court"

Doug B.

9 Apr 2011 | 7:33 am

The title of this post is the title of this interesting study spotlighted here by the Death Penalty Information Center. Here is the abstract: Purpose: The goals of this project are 1) to document the patterns of opposition to the...
Forger who forged doctor's note for sentencing delay gets significant prison term

Doug B.

9 Apr 2011 | 7:24 am

Regular readers may recall this comical California sentencing story from a few weeks ago involving a woman to be sentenced for prescription drug forgery who presented a forged doctor’s note in an attempt to delay the proceedings and then collapsed...

Grits for Breakfast
Texas concerned about cost, flawed risk assessments in Adam Walsh Act

Gritsforbreakfast

10 Apr 2011 | 8:40 am

The Wall Street Journal has a story about states including Texas refusing to participate in the federal Adam Walsh Act expanding sex offender registries. Here's a notable bit:Objections have arisen in such states as Texas, where officials say existing local laws are tougher on sex offenders than the new standards. The federal act "contradicts what our research over 30 years indicates," said Allison Taylor, executive director of Texas's Council on Sex Offender Treatment, an advisory body with a governor-appointed board. "Public safety would not be enhanced."Texas also complains that the…
Considering the scope, local impact of criminal justice cuts

Gritsforbreakfast

10 Apr 2011 | 6:18 am

The Abilene Reporter News has several good articles on the potential effects of state criminal budget cuts on the county jail and local probation departments:Prison-related cuts may cost counties moreMental health care may be shiftedIndigent defense an unfunded mandateThe story on "prison-related cuts" includes a quite-good description of legislation (discussed on Grits here) that would save the state hundreds of millions over the next several years:While lawmakers wrangle with which programs and services to cut, State Rep. Alma Allen (D-Houston) has proposed a pair of criminal justice policy…
On the potential danger from pistol-mounted flashlights

Gritsforbreakfast

9 Apr 2011 | 4:24 pm

Back in a December post, I linked to a story about a Plano police officer who accidentally killed a man while trying to activate his pistol-mounted flashlight. So in looking at recent disciplinary actions from the Austin PD, I was interested to see a 3-day suspension (pdf) handed out last month to Officer Melvin Moreno for an incident where,While inside the residence, Officer Moreno was standing on top of a table while attempting to search an attic crawl space using his pistol mounted flashlight. The table overturned and Officer Moreno fell, thereby causing his firearm to accidentally…

Blonde Justice
Assisting by Being "Ineffective"

Blonde Justice

9 Apr 2011 | 9:19 pm

This week, the blawg world was abuzz about incompetent and ineffective criminal defense attorneys.I'm not excusing the practices of attorneys like Joseph Rakofsky or Susan Prentice-Sao, but all of this talk of ineffective assistance of counsel has me wondering - Is it always a bad thing to be called "ineffective," if it potentially helps your client? Or, to put it another way, is it ever a good thing to be ineffective, or at least called "ineffective," for your client's sake?For example, not that long ago, the appellate court overturned a case that an an acquaintance of mine had…
A Time To Kill

Blonde Justice

5 Apr 2011 | 7:13 pm

Not too long ago, I posted about the fear that comes with handling a case more serious than you have handled before. I reasoned that it is a natural, normal fear, that helps you to appreciate the seriousness of your work. To not have that fear, I reasoned, doesn't mean you're better, it just means you're cocky.I wrote this all before I had ever heard of Joseph Rakofsky, the lawyer who, less than two years out of law school, took a murder case, and preceded to trial on that murder case as his very first trial. That's some arrogance. I write this having practiced criminal for…
Don't Call Me Sugar

Blonde Justice

8 Feb 2011 | 7:06 pm

A few weeks ago, I got really overwhelmed. I have this case in which my client is facing a lot of prison time, a case that will probably go to trial. The first plea offer I got in the case is about four times more than I've ever had a client get. Unless you count when I've worked with a more senior lawyer on a murder trial or something. But, as far as my very own clients, this is my first client who is facing decades.That particular night, I didn't sleep well at all. I just kept thinking about this case, about the family that calls me begging me to get their son…

The Virtual Chase
Supreme Court Halts Expansion of False Claims Act Liability

(24 Jun) The U.S. Supreme Court recently made plain that whistleblowers' allegations will be scrutinized more closely.
DOJ Is Aggressively Enforcing Foreign Corrupt Practices Act

(24 Jun) Enforcement of the Foreign Corrupt Practices Act (FCPA) is increasing dramatically. Recent Department of Justice (DOJ) actions demonstrate that it is imperative that companies maintain robust compliance programs or risk criminal exposure and substantial penalties.

Drug and Device Law
More on Off-Label Promotion and the False Claims Act

Bexis

8 Apr 2011 | 1:49 pm

We blogged before about the Hopper and Bennett cases, in which courts rejected the argument that off-label promotion necessarily generates "false claims" for purposes of the False Claims Act. Well, we're pleased to report that the duo has become a trio. There's a new opinion, and lo and behold, it dismisses yet another action by the recidivist rejected relator Elaine Bennett. U.S. ex rel. Bennett v. Boston Scientific Corp., 2011 WL 1231577 (S.D. Tex. March 31, 2011),Because Bennett's legal theories sound a lot like her other case, and the result was the same, we'll only…
On Suing Publishers

Bexis

7 Apr 2011 | 1:16 pm

Not too long ago a case here in the Eastern District of Pennsylvania, Slater v. Hoffmann-LaRoche Inc., ___ F. Supp.2d ___, 2011 WL 1087240 (E.D. Pa. March 25, 2011), held that an inadequate warning claim against a “monograph publisher” survived the rather loose standard imposed upon fraudulent joinder. A publisher? That’s right, or at least that appears to be what this particular defendant, Wolters Kluwer Health, Inc., (“KWH”) does according to its website – it publishes textbooks (including Lippincott), reference products, journals, bibliographic and reference…
Gunvalson Revisited

Bexis

6 Apr 2011 | 1:34 pm

We've been vigilant opponents of plaintiffs who would impose new duties upon drug and device companies with respect to products still in the development pipeline. If plaintiffs are granted access to experimental drugs and devices on the grounds that the risks of using unproven products become irrelevant when no other alternatives exist, we argued that the next step would see our clients being sued to force them to provide such products. Thus we were extremely skeptical of the attempt back in 2007 to create a "constitutional right" of access to experimental drugs for patients whose…

Capital Defense Weekly
weekly edition not likely to run

cdw

2 Apr 2011 | 2:18 pm

I start trial Monday, the weekly (save a decision to dismiss by the State) won’t run this week.
the email edition for cases decided since mid-March

cdw

28 Mar 2011 | 7:29 pm

It is that time again. The new weekly email edition is here: The Georgia Supreme Court this week leads the way. In David Aaron Perkins v. Hall the Georgia Supreme Court set aside a death sentence because of ineffective assistance at the penalty phase. The Court held counsel was ineffective despite Mr. Perkins’s resistance to their efforts which included refusing even to submit to a mental health evaluation. In relying on ABA Standards in assessing counsel’s performance the Court held that prejudice was established by the non-expert testimony of Mr. Perkins’ behavior including…
first look

cdw

27 Mar 2011 | 7:56 pm

Several dispositions missed last week will lead off this week, as well as continuing zealous advocacy around lethal injection claims. Thanks to several colleagues for forwarding the fruits of their work. In favor the Condemned Bryant v. State, 2011 Ga. LEXIS 251 (Ga 3/18/2011) Reversing death sentence because of improper victim impact evidence admitted – witnesses gave their characterizations of the crime and of Bryant, but holding that victim impact evidence from earlier crimes committed by Bryant were admissible, and rejecting many other issues; Justice Carley dissented with regard to…

Crime and Consequences Blog
News Scan

CJLF Staff

8 Apr 2011 | 3:09 pm

Judge Orders Alleged Rape Victim to Testify: Josh Funk of the Associated Press reports Lancaster County District Judge Paul Merritt has issued a contempt order against a 24-year-old rape victim, threatening up to 90 days in jail if she does not testify against her alleged attacker. Glen Riensche, 62, is charged with sexually assaulting the then-child victim over a two-year period in the early 1990s. The victim was initially cooperative with police, but then became unwilling to testify, stating that discussion of her previous sexual abuse would cause humiliation to her and…
Spotting "Criminal Types"

Kent Scheidegger

8 Apr 2011 | 10:20 am

George Lowery has this post at physorg.com:A woman walking her dog encounters a man. She has an instant, visceral reaction to him and screams. The next day, she sees his picture in the newspaper; he has been charged with rape.This anecdote prompted three Cornell researchers to reopen a "long and sordid" history of research and debate about whether we can determine who is a criminal by looking at his face.Their finding: We can. "We can" is an overstatement. The authors describe the effect as "small but reliable."Somewhat surprisingly, men, on average, are better at spotting rapists than…
More on Wisconsin

Kent Scheidegger

8 Apr 2011 | 9:22 am

Following up on Bill's post, Nate Silver at the NYT's 538 Blog has this post, throwing some numerical cold water on conspiracy theories.

The Chicago Syndicate
Arthur Nigro and Henchmen Found Guilty of Murder

JB

9 Apr 2011 | 2:33 am

A former boss of New York's Genovese crime family and two henchmen were found guilty of murder and other crimes in the latest blow to the Big Apple mafia. Arthur Nigro, a former acting boss of the...
Latin King Leader, Augustin Zambrano, Convicted on RICO Charges

JB

8 Apr 2011 | 1:53 pm

A federal jury on April 6th convicted the highest-ranking leader nationwide and three other high-ranking leaders of the Latin Kings street gang of racketeering conspiracy (RICO) and all other charges...
Entertainment and Family History Mixed at Las Vegas Mob Experience

JB

4 Apr 2011 | 5:37 am

Mobster Tony "The Ant" Spilotro, infamous for his brutality, once reportedly squeezed a man's head in a vice until his eyes popped out of their sockets.But when he wasn't carrying out brutal...

Crime Scene KC
'Barefoot Bandit' case close to resolution?

James Hart

9 Apr 2011 | 4:00 am

The case against Colton Harris-Moore -- who's accused of being the so-called Barefoot Bandit -- will probably end in a plea deal within weeks, a federal prosecutor said. Harris-Moore is charged with stealing several airplanes in the Pacific Northwest. He...
Lookout's eight-year sentence could be reduced to 20 days

James Hart

9 Apr 2011 | 3:45 am

From Mark Morris: A 26-year-old Kansas City was sentenced to eight years in prison Friday for his role in the November 2009 murder of a pregnant woman. Lionel R. Henderson, who was a lookout, could be released after serving 120...
Blackmail plot involved Facebook, teenage girl, prosecutors allege

James Hart

9 Apr 2011 | 3:30 am

A Kansas City man is accused of using a 16-year-old girl and Facebook to extort $500 from another man, Mark Morris writes: On March 28, the informant told police that the girl had contacted him on Facebook and had said...

Glenn Greenwald
The Washington Post's dependence on the government it covers

Glenn Greenwald

10 Apr 2011 | 6:11 am

The Washington Post this morning published a lengthy article detailing the fortune -- and now the trouble -- generated for its parent company, The Washington Post Co., as a result of its acquisition of Kaplan Higher Ed. While The Post continues to lose money, Kaplan -- particularly its sprawling network of for-profit "universities" which the company began building in 2000 -- generates huge profits for the company, profits on which the Post Co. depends almost completely for its sustainability. Indeed, the newspaper has become little more than a side vanity project for the Post Co. and the…
WikiLeaks and the Media

Glenn Greenwald

9 Apr 2011 | 7:10 am

I participated yesterday in a panel on WikiLeaks and the media at the National Conference for Media Reform in Boston. The entire panel discussion, moderated by Amy Goodman, can be viewed below; my presentation -- focusing on the reaction of the establishment press to WikiLeaks and the reasons why the controversy is so important -- begins at the 54:45 mark, and there is an interesting Q-and-A session that follows. Now that I'm home, regular posting will resume tomorrow or Monday. Watch live streaming video from freespeechtv at livestream.com
America's two party system

Glenn Greenwald

8 Apr 2011 | 5:09 am

(updated below) Extensive traveling the last couple of days has prevented me from writing, but I wanted to post what I found to be an interesting MSNBC segment I did on Wednesday with Lawrence O'Donnell regarding the way in which America's two-party system suffocates political choice. I spoke yesterday at Harvard's Kennedy School and was asked whether I've ever been told by MSNBC or any other television program on which I've appeared not to speak about a certain issue. I replied that the media's narrowing of political debate doesn't generally operate in…

TalkLeft
Obama to Make Major Budget Address

Jeralyn

10 Apr 2011 | 8:43 am

Via Politico: Obama advisor David Plouffe said this morning on Meet the Press that President Obama will make a major address on the budget later this week, which will include "finding savings in Medicare and Medicaid." More from Reuters, which says the address will be on Wednesday. Plouffe also said that even if Rep. Paul Ryan's medicare kill bill passes the House, it won't become law. (Does he mean it won't pass the Senate or Obama will veto it?) Ezra Klein saying Obama's health care law (The Patient Protection and Affordable Care Act) already addresses Medicare problems and…
SNL: Obama on Budget, "Everyone's Unhappy"

Jeralyn

9 Apr 2011 | 10:07 pm

Fred Armisen is back as President Obama on SNL tonight, addressing the budget deal. "In a true example of compromise, I am pleased to say no one got everything he wanted and everyone walked away unhappy."
Obama To Continue Centrist Push For Re-election Campaign

Jeralyn

9 Apr 2011 | 5:33 pm

The New York Times reports President Obama will continue to push a path to the center for his re-election campaign. When was he anything but centrist? Who but conservative Republicans trying to disparage him ever cast him as a liberal? Apparently, some Democrats are now becoming uneasy with Obama's centrism and compromising ways: The question of where Mr. Obama’s bottom line is on Democratic priorities will be that much more urgent to his party as House Republicans, energized by their success in resetting the terms of the debate in Washington, press an aggressive conservative agenda…

TheFunded Founder Institute News
Seattle Applications Due Sunday, April 10th

8 Apr 2011 | 8:39 am

The Founder Institute has already graduated 24 new technology companies in Seattle, but now we're looking for more. And to spur angel investment in the region, we've just announced a great incentive - any angel who invests in a Seattle Founder Institute Graduate will also receive equity in the entire Seattle Bonus Pool. Geekwire covered the news this morning. To be considered for the Seattle Summer program, you must apply by midnight this Sunday, April 10th. Confirmed Mentors for the program include; Adeo Ressi, Founder of the Founder Institute; Dan Shapiro, Founder…
Upcoming Founder Institute Events and Calls

7 Apr 2011 | 2:27 pm

With Application Deadlines approaching in Seattle (April 10th), Columbia (April 10th), and Denver (May 1st), we have scheduled a number of free Pitch Bootcamp Events and Conference Calls to help your startup, and answer questions you have about the Founder Institute. Upcoming Events; Denver Pitch Bootcamp (April 19th, 6:00 - 9:00pm in Denver) - See three local Founders speak about pitching, receive expert feedback on your pitch, and recruit co-founders at the Denver Pitch Bootcamp. Best of all it's free, and we'll be giving away an iPad 2. This hands-on, intensive…
Graduate News: JetJaw "One of the Hottest Startups in Wireless" at CTIA

6 Apr 2011 | 8:14 am

Denver FI Graduate JetJaw recently launched at the CTIA Wireless Show in Orlando, Florida. Named as "One of the Hottest Startups in Wireless," JetJaw is a mobile engagement platform that enables in-the-moment interaction through any mobile phone, tablet, or computer. Following their launch, JetJaw was also interviewed by The Next Web; Applications for the next Denver Founder Institute are being accepted until Sunday, May 1st 2011. Apply now and learn from great Mentors like Jon Nordmark (eBags.com), Jim Franklin (SendGrid), Mike Stemple (SkinIt), Adeo Ressi, and more. Click here…
Graduate News: In The Door Launches Social Job Search

5 Apr 2011 | 11:17 am

In The Door, a Graduate of the Silicon Valley Founder Institute, today launched their social job search tool. In The Door uses Facebook Connect to analyze your social graph, and then aggregates job listings from all of the employers of people that you know. And, unlike other similar apps that live on Facebook, In The Door will never post to you or your friends’ walls or reveal that you are searching for jobs. Mashable announced the launch here, and KDAF/ Channel 33 Dallas covered them on the evening news here as well. Congrats Liz!
Singapore Application Deadline is Sunday, April 3rd

31 Mar 2011 | 6:06 pm

This Sunday, April 3rd is the Final Admissions Deadline for the Singapore Founder Institute. Apply today and build your dream company with our expert training, feedback, and network. Click here to apply. We have lined up an impressive mix of Mentors from across the globe to help you launch your company, and provide an international startup perspective. Confirmed Mentors for Singapore include; Adeo Ressi, Founder of TheFunded.com and the Founder Institute; Derek Sivers, Founder of CD Baby; Joshua Konowe, Founder & CEO of BrandClick.com; Nico Perez, Co-Founder of Mixcloud;…

SCOTUSblog
This week at the Court

Kali Borkoski

9 Apr 2011 | 10:01 pm

No oral arguments are scheduled for this week, nor is the Court scheduled to release any orders or opinions. On Friday, the Justices are scheduled to meet for their April 15 Conference; orders from that Conference are expected to be released on Monday, April 18. Our list of “Petitions to Watch” for that Conference will be posted before the Conference. Oral arguments are scheduled to resume on Monday, April 18.
This week at the Court – in Plain English

Lisa McElroy

8 Apr 2011 | 3:25 pm

From the public’s perspective, things are relatively quiet at the Court right now, as it takes a break before beginning its final group of arguments on April 18. However, the Justices and their clerks are busier than ever: the Court still has to issue opinions in forty-seven cases before the end of June, so they are likely writing, circulating, concurring, and dissenting like mad. This week, therefore, I am going to touch on the two opinions that the Court issued this week, but also talk a little bit about how the Court does the work of deciding its cases. Let’s start there. …
A judge blasts the Court

Lyle Denniston

8 Apr 2011 | 9:02 am

A senior judge on the D.C. Circuit Court on Friday unleashed a verbal broadside against the Supreme Court for its 2008 decision granting some legal rights to Guantanamo Bay detainees, accusing it of “defiant assertion” of judicial supremacy, and of cowardly refusing to accept responsibility for the consequences of that ruling. (The judge’s opinion is a part of the Circuit Court’s ruling in Esmail v. Obama, docket 10-5282.) Senior Judge Laurence H. Silberman, one of the most conservative jurists in the federal system, offered his biting critique of the Court,…

Hugh Hewitt's TownHall Blog
Hugh Hewitt: "You have to understand, we are one-half of one third up here."

8 Apr 2011 | 3:15 pm

That's what Congressman Rick Crawford told me on Friday's show, echoing an argument that many Republicans have made to me over many weeks. Crawford is one of the stars of the freshmen class and strong on spending cuts,...
Hugh Hewitt: Going The Way Of Greece

7 Apr 2011 | 8:08 pm

The Washington Post's Jennifer Rubin interviewed bond wizard Bill Gross. Read it. You can bet everyone on Wall Street and every other major financial center in the world has.This is the backdrop to the budget...
Hugh Hewitt: The Effort To Defund Planned Parenthood Is A Spending Issue

7 Apr 2011 | 7:23 pm

The New York Times peddles the line that the GOP deamnd to defund Planned Parenthood isn't a "dollars and cents" issue but a policy dispute.This is absolute nonsense. Defunding Planned Parenthood and defunding the CPB...

Nuts & Boalts
"Being Smart With Federal Dollars" Now Equals "Regulation," Says Chairman of House Education and Workforce Committee

DannyZ

10 Apr 2011 | 1:28 am

It is funny that when the administration wants to make certain federal programs more efficient, opponents decry this as an example of 'regulation' going to far, as if a poorly designed government is itself an entitlement for any person or enterprise seeking to profit from it.I wonder what UC's and our private local counterparts think of the (hopefully forthcoming) regulations.
D. Boon Cilled a Bar in Year 1760

Patrick

6 Apr 2011 | 10:41 am

Sara asks:[W]ould someone create a thread for 3Ls with questions about BarBri, bar studying, and the bar exam? Thanks!Here it is.If Sara asked for the thread because she suspects that there is more than one way to "kill a bar," she's right. I have my own list of tips, thoughts, and soothing reminders to share, but I suspect they'll percolate through the comments on this post without much contribution from me. If there is a bottom line message to convey, it is this: no matter what it feels like, you'll be okay!_______Update 04/06/11 (Patrick): Esteemed Boalt alums (and bar slayers) Steve…
Administration Announces Haas To Take Over New Addition

James

1 Apr 2011 | 1:33 pm

Add this to the list of Dean Edley's failures. Because of the financial predicament that the law school is in, they've decided to lease the new addition to Haas in exchange for roughly $10M a year. Apparently this will be enough to keep tuition from rising above $50k/year in the near term.In an email sent out to student leaders this afternoon, Edley stated:I know times are tough and I realize students are concerned about rising tuition. In response to these concerns, we've worked out a deal with Haas where they will be taking over the addition and we'll move some classes back to the annex.

Larry Bodine Law Marketing Blog
Less than 1% of Web Site Visits Come from Social Media

Larry Bodine

8 Apr 2011 | 4:17 pm

I was surprised to read read that less than 1% of web site visits come from social media, according to research findings released by ForeSee Results and reported by The Social Graf. I'm not sure I believe the results because this would mean that online social networks are a flop at driving traffic to websites. Checking my own traffic logs for this blog, I find that Twitter is among the top ten sources of visitors. I use Twitter a lot and include headlines and links to new posts on this blog, so readers are definitely clicking on the links. Yet The Social Graf blog reports that…
Women Lawyers Have Lower Billing Rates than Men

Larry Bodine

7 Apr 2011 | 7:56 pm

Yes Virginia, there is a glass ceiling in the legal profession. It’s invisible, but it highlights the disparity between men and women lawyers. The latest evidence that women are shortchanged in the law is found in the 2011 Billing Rates & Practices Survey published by ALM Legal Intelligence. Across the board, the average billing rates for women partners and associates are consistently lower than those of their male counterparts. The average billing rate for males is $312 and for females it is $259 at a national level, representing more than a 20 percent gap, according to the ALM…
GCs Describe How to Win Their Business - or Lose It

Larry Bodine

6 Apr 2011 | 6:09 am

GCs Jeff Novak, John Lewis, Jr. and Stephen Kaplan. "We got sued in New York," GC John Lewis said. "One firm came to us and said they knew the judge and had beaten the opposing counsel. I had heard that pitch before. But I was impressed when they said, 'we are so confident we can win a motion to dismiss, we've already drafted it. We'll charge you a flat fee of $25,000 if we win. If we don't win, you don't have to pay us anything.'" He hired the firm, which won the motion, and his company now uses the law firm. Three GCs speaking at the LMA national conference in…

Legal Process Outsourcing
Guest Post: Will Outsourcing Still Enjoy the Limelight in the Years to Come?

Rahul

6 Apr 2011 | 10:40 am

There are many things that outsourcing has achieved, both positive and negative – it has made a huge difference to the lives of people in countries like China and India where most of the manufacturing and service industries have relocated respectively because they can now find work in their own countries, but with a higher pay scale than the normal standard that had existed so far. However, for the countries that outsourced these jobs because of cost constraints, it has led to problems galore even though they’ve been able to reduce their overall expenditure considerably by paying less…
Plenty of career opportunities in LPO firms

Megha Pande

24 Mar 2011 | 3:10 am

Guest article (as it appeared in Deccan Herald)Legal process outsourcing (LPO) industry has left its pangs of dithering and clarification and reached the stage where its feet are firmly grounded in the outsourcing domain and is charged for an aggressive expansion.Valuenotes report suggests that the Indian LPO market will be worth more than USD $1bn by 2014. The economy saw the industry strengthening even at the times of global recession where for mature and stable providers of LPO it meant more business with Valuenotes estimating LPO revenues (from India alone) to be USD 370 million for…
CPA Global named in Global Outsourcing 100 for third year running

Megha Pande

3 Mar 2011 | 10:40 pm

Leading legal services outsourcing company CPA Global has been named in the International Association of Outsourcing Professionals' (IAOP) Global Outsourcing 100for the third year running – the only pure-play LSO provider to have achieved such distinction.The prestigious top 100 listing covers the leading players in all disciplines of outsourcing, including the largest IT and business process outsourcing (BPO) companies. Companies selected for the Global Outsourcing 100 undergo a rigorously judged application process that assesses four critical characteristics: size and growth, customer…

Bag and Baggage
TWiL 106 — Deva Meets Zediva

Denise Howell

9 Apr 2011 | 1:45 am

Happy April Fool's Day TWiL! Episode 105 Discussion Points. Video archives for this WEEK in LAW are available at TWiT.tv, on YouTube, and ODTV. TWiL is on Twitter and Facebook, if you're so inclined. Please also rate the show in iTunes. This WEEK in LAW on Facebook
TWiT 295 Video — Magical Hand Gesture

Denise Howell

8 Apr 2011 | 9:58 pm

It feels like just yesterday I got to join the panel on TWiT, but we're almost due for yet another episode. If you haven't yet caught Magical Hand Gesture, get to it, it was weird and wonderful. Yes, we (Leo Laporte, Brian Brushwood, Becky Worley, Robert Scoble, and I) discussed Color's privacy issue, Amazon's cloud player, Google's +1, and Apple's new commercial. But as you'll see when you come along with us, the week's tech news took a back seat to something I can't really describe...magical? You tell me. All I know is it was so fun I was late to a lobster feed.
TWiL 105 Video — Accidental Sewage

Denise Howell

2 Apr 2011 | 12:36 am

Happy April Fool's Day TWiL! Episode 105 Discussion Points. Video archives for this WEEK in LAW are available at TWiT.tv, on YouTube, and ODTV. TWiL is on Twitter and Facebook, if you're so inclined. Please also rate the show in iTunes. This WEEK in LAW on Facebook

Jim Calloway's Law Practice Tips Blog
The Forecast is for More Clouds. We Hope that Not all Fade like Drop.io.

Jim Calloway

29 Mar 2011 | 8:57 am

As readers of my blog know, I love Dropbox. It is growing in popularity, as it makes many, if not most, lists of "must have" apps for iPad. I do mourn the loss of Drop.io. It was a fine place...
Deep Thoughts on the Future of Law Practice

Jim Calloway

25 Mar 2011 | 8:43 am

There was a great symposium in recent days on the future of law practice. Didn't you get your invitation? Well, that is because it just happened online without apparent advance planning or coordination. While I was attending my son's high...
Great Reading for the Week of March 1, 2011

Jim Calloway

1 Mar 2011 | 3:08 pm

Lots of great reading this week. Trial Division Internet v. Courts: Googling for the perfect juror http://www.reuters.com/article/2011/02/17/us-courts-voirdire-idUSTRE71G4VW20110217?pageNumber=1 iPad Use by Lawyers and Judges Continues to Grow http://lawyertechreview.com/2011/ipad-use-by-lawyers-and-judges-continues-to-grow/ Using the Internet as a Tool for Cross-Examination http://tinyurl.com/4cjr5kt General Division iPhone business...

Robert Ambrogi's LawSites
Bar Suspends Law Clerk Who Sold Term Papers

Robert Ambrogi

5 Apr 2011 | 5:01 pm

In a post I wrote in November 2009 at Legal Blog Watch, Appeals Court Lawyer ‘Traffics’ in Term Papers, I told you about Damian R. Bonazzoli, then a senior staff attorney for the Massachusetts Appeals Court who advertised himself on Craigslist as available to write term papers for a fee, even though it is against Massachusetts law to sell a term paper. Bonazzoli’s extracurricular activities came to light in an article on term paper trafficking written by Colman M. Herman and published in the fall 2009 issue of CommonWealth magazine. Two months later, Bonazzoli was out of…
Thanks to Adobe for Fixing my Problem with Acrobat X

Robert Ambrogi

1 Apr 2011 | 11:03 am

Just a few days ago, I titled a post here, Maybe I Need to Give Up on Adobe Acrobat X Pro. As I explained there and in an earlier post, I was never able to install and run Adobe Acrobat X Pro. Try as I might, it crashed every time I tried to launch it. An Adobe support technician seemed as clueless as me. I tried everything I could think of. He seemed to have tried everything he could think of. All without success. Today, a different Adobe technician called me back. In under five minutes, he had Acrobat up and running without a glitch. I am enormously thankful to him. His fix was…
Why the ABA Survey Gets it Wrong on Blogs

Robert Ambrogi

29 Mar 2011 | 7:27 am

Let me ask you a question: Where are you more likely to buy a car, at a Superbowl commercial or at your local auto dealer? Given that most people would say auto dealer, it follows that Superbowl commercials must not be effective at selling cars, right? Of course not. The question, as phrased, makes no sense. You can’t buy a car from a TV commercial. Do Superbowl commercials help sell cars? I don’t know, but I do know that the above question doesn’t help me figure out the answer. Now consider the recent ABA survey that concluded that consumers do not rely on blogs to find a…

Wise Law Blog
Brewing Up a Slapshot at Starbucks

Garry J. Wise, Wise Law Office, Toronto

9 Apr 2011 | 2:57 pm

The coffeeholic in me found this tidbit about the Toronto Maple Leafs' April 8th signing of NCAA hockey star Mat Frattin oddly interesting:Frattin signed his contract at a Starbucks in St. Paul at about 2 p.m.An auspicious start to a budding professional career, indeed. Next thing you know, we'll hear he has one of those "virtual" sports lawyers acting on his behalf.Not that there's anything wrong with that...Frattin makes his NHL debut tonight at Toronto against the hated Canadiens.- Garry J. Wise, TorontoVisit our Toronto Law Firm website: www.wiselaw.netTORONTO EMPLOYMENT LAW TORONTO CIVIL…
140 Law - Legal Headlines for April 08, 2011

Rachel, Legal Assistant

8 Apr 2011 | 5:38 am

Here are today's leading legal headlines from Wise Law on Twitter:Family law group ramps up outreach efforts - EMC Almonte/Carleton Place http://goo.gl/xqO1mJury prospects asked if they are Michael Jackson fans http://goo.gl/yMMV8GOP lawyer drafts Obama impeachment (Ben Smith/Ben Smith's Blog) http://goo.gl/ah4bWA Season on the Brink? Judge Declines to Halt NFL Lockout http://goo.gl/2bhVGProposition 8 Judge: Being Gay Wasn’t Relevant and Didn’t Require Recusal http://goo.gl/6LFgHSocial Media Has Little Impact On Website Traffic http://goo.gl/0Y6nOFindLaw Legal Bloggers Sue for Overtime…
Liberal Brains and Conservative Brains

Garry J. Wise, Wise Law Office, Toronto

7 Apr 2011 | 1:31 pm

Why do liberals and conservatives disagree about just about everything? Is it possible we are simply two different species?While I'll take the research described below with the requisite grain of salt, nonetheless, I wonder:WASHINGTON — Everyone knows that liberals and conservatives butt heads when it comes to world views, but scientists have now shown that their brains are actually built differently.Liberals have more gray matter in a part of the brain associated with understanding complexity, while the conservative brain is bigger in the section related to processing fear, said the study…

DennisKennedy.Blog
Recent Episodes of The Kennedy-Mighell Report Podcast

admin

3 Apr 2011 | 5:07 pm

LinkedIn. Backing up. The iPad 2. Beyond Keyword Search.I thought I’d get you caught up on recentTom Mighell and I have recorded several episodes of The Kennedy-Mighell Report podcast since I’ve last posted about podcasts on this blog. They are now available on the Legal Talk Network and on iTunes, with an RSS feed here.We’ve moved past the 50 episode mark, added another great sponsor (Carbonite Pro), and, I think, done some of our best work. I invite to listen to the recent episodes, to subscribe to the podcast in iTunes and send us your questions and ideas for future…
Legal Aspects of Social Media for Non-Profits – Panel Presentation

admin

8 Mar 2011 | 8:06 pm

If you are involved in the use of social media by and for non-profit organizations or just generally interested in legal issues arising out of the use of social media, and you will be in St. Louis on the afternoon of March 10, I have a panel presentation for you.Here are the details:Online Communities for Your Nonprofit: Legal Aspects of Social MediaMarch 10 – 3:00PM – 4:30PMA panel of information technology attorneys from the St. Louis Corporate Counsel Association Pro Bono Committee will discuss the potential benefits of social media for nonprofits and provide an understanding of the…
IgniteLaw 2011 and The Freemium Practice of Law

admin

7 Mar 2011 | 7:49 pm

I was disappointed not to be able to attend the first IgniteLaw in 2010, although close observers will catch my very brief virtual appearance on the video from last year. I’m planning to make it to the recently-announced IgniteLaw 2011 that will happen on April in Chicago on the evening before the start of the 25th ABA TECHSHOW.IgniteLaw (“The Future of Law Practice, in 6 minute increments”) is presented by my friends Matt Homann (LexThink) and JoAnna Forshee (InsideLegal). IgniteLaw uses the popular “Ignite” format with speakers getting 6 minutes to present with…

Inter Alia
Blawg of the Day - New Jersey Business Dissolution Journal

8 Apr 2011 | 2:40 am

We'll stick in New Jersey for our last blog this week, the New Jersey Business Dissolution Journal. You'll find recent posts on fiduciary duties in unfair competition cases, employer email policies, indemnification of directors, and partnership agreement disclosures, among others. It's published by Jay McDaniel of the McDaniel Law Firm, a Hackensack/New Jersey outfit.
Blawg of the Day -- Legal Health Information Exchange

7 Apr 2011 | 2:37 am

Today's blog comes from a firm with a name I haven't seen before. From the firm Attorneys at Oscislawski, LLC, based in Princeton, New Jersey, comes Legal Health Information Exchange, a blog discussing legal issues relating to electronic health information exchange. You'll find posts on data mining, HIPAA enforcement, HITECH regulations, identity theft, patient rights, and more.
Blawg of the Day - Minnesota Workers Compensation Advocate

6 Apr 2011 | 2:31 am

It's that time of the week where I feature a blog that hasn't posted lately. This week it's the Minnesota Workers' Compensation Advocate, which is published by the firm of Heimerl & Lammers. Most of the posts are answers to questions that clients might have, which are undeniably helpful to potential workers' compensation clients. But the blog would have so much more value with posts on recent workers' comp decisions and news that would appeal to not only clients but other comp lawyers, among other things. Oh - and get back to posting again!

Health Care Law Blog
Leaves of 3 Let Them Be: Poison Ivy Advice from Dr. Coffield

10 Apr 2011 | 7:35 am

Last week I was looking through some old printed emails and I ran across advice about poison ivy from my dad, LeMoyne Coffield. Since Spring is on the way and the poison ivy is starting to grow I thought I would share this with everyone (including some good advice for the golfers).My dad was not only my dad but he was my (our) family doctor. He was a lot of peoples family doctor. He had a wonderful way of providing advice and recommendations to his patients. His medical advice wasn't always the easiest and quickest solution - but it was usually the best long term practical advice.I wrote him…
OCR Seeks FY2012 Budget Increase of $5.6M for HIPAA Compliance and Enforcement

17 Mar 2011 | 8:35 am

HealthLeaders reports that the Office of Civil Rights (OCR) is seeking an additional $5.6 million in its Fiscal Year 2012 budget proposal to fund its HIPAA compliance and enforcement activities.The article also details the most current reported numbers on breaches reported to OCR. As of March 16 there have been 249 entities that have reported breaches affecting 500 or more individuals. To view the current data and details on reported breaches go to the OCR Breaches Affecting 500 or More Individuals.
OCR Imposes $4.3M Penalty for Violation of HIPAA/HITECH Privacy Rule

23 Feb 2011 | 9:33 am

UNTIL TODAY, many health care providers questioned whether HHS and the Office of Civil Rights (OCR) would ever issue any significant penalties for violations of the HIPAA Privacy Rule. However, will OCR ever be able to collect the penalties.Today, HHS Office of Civil Rights (OCR) announced a civil money penalty (CMP) of $4.3 million against Cignet Health of Prince George's County, MD for violating the HIPAA Privacy Rule. This is the first ever civil money penalty issued by OCR for a violation of the HIPAA Privacy Rule. It is significant not only because it is the first - but also because of…

LawBizBlog
Can non-lawyers own a law firm?

Ed

6 Apr 2011 | 9:45 pm

Yes, say some. Only a short time ago, we believed that non-lawyers would be able to participate in the ownership of American law firms. The pressure, so we believed, would come from the British Empire. Australia already allows this and it will soon be permitted in England. But, not the U.S. ... until now. The District of Columbia permits non-lawyer ownership to the extent of 25% interest in a law firm. And, now, North Carolina has a bill before its Senate that would allow 49% non-lawyer ownership. One argument is that law firms have expanded and are now very large organizations. In order to…
3 Lessons From Death

Ed

4 Apr 2011 | 4:17 am

Donna recently suffered the loss of her oldest sibling. She described the pain her oldest brother suffered before his death and her very great loss in his passing. She describes the lessons she learned from his death, lessons we should all heed. She said "His passing is a wake up call: ::Tomorrow is promised to no one :: Good health doesn't just happen - eating well, exercise, moderation, etc. :: All the money in the world doesn't mean a thing if health problems exist...." Amen, Donna, and my condolences. These lessons should not only be learned once, but practiced every day…
Creating Exceptional Workplaces that Lead To Extraordinary Results

Ed

31 Mar 2011 | 8:23 am

Roberta Chinsky Matuson is the President of Human Resource Solutions and author of the new book, Suddenly in Charge: Managing Up, Managing Down, Succeeding All Around (Nicholas Brealey, January 2011). Join Ed and Roberta as they explore how extraordinary results can be achieved by creating work environments which allow workers to thrive. 25 minutes, 01 seconds 5.7MB Click here to listen.

the [non]billable hour by Matthew Homann
Ignite Law 2011 Speakers Named

Matthew W. Homann

23 Mar 2011 | 5:44 am

The official speaker roster for Ignite Law 2011 is set. The event, produced by LexThink CEO Matt Homann and InsideLegal's CEO JoAnna Forshee, will feature 12 speakers sharing their view on the future of law practice and law technology, delivered via 6 minute rapid-fire presentations. Presenters were chosen based on online voting results and include a ‘who’s who’ of legal technology spanning attorneys, legal software executives, legal technologists, consultants and industry bloggers. Ignite Law 2011 takes place on April 10 at the Chicago Hilton, the eve of ABA…
Don't Complain

Matthew W. Homann

4 Mar 2011 | 6:41 am

A great Venn diagram from Indexed:
Ignite Law Details

Matthew W. Homann

4 Mar 2011 | 5:53 am

Head on over to the Ignite Law site to submit a proposed talk, check out the submissions we've already received or pick up your free tickets for the event. We're looking forward to seeing you in Chicago!

Innocence Blog
Friday Roundup: Compensation and the Prosecution’s role in Overturned Wrongful Convictions

8 Apr 2011 | 12:24 pm

Florida compensation law prevents recently released Derrick Williams from petitioning the state for compensation.Evidence shows the Supreme Court protects prosecutors in wrongful convictions cases.A Massachusetts District Attorney said prosecutors don't get credit when they vacate convictions based on post-conviction DNA testing.
Science Thursdays: Iowa Senator Call for Army Crime Lab Investigation

7 Apr 2011 | 3:58 pm

Senator Charles Grassley (R-IA) called for a federal investigation of the Army Crime Lab, prosecutors in Indiana covered up errors at the toxicology lab and the city of Philadelphia deals with unreliable breath tests. Here's a roundup of forensics news: Sen. Grassley requested an investigation by the Inspector General of the Department of Defense to determine whether the military mishandled problems at the U.S. Army Criminal Investigation Laboratory.The leaders of an Indiana prosecutors group were alerted more than two years ago about errors at the Indiana State Department of Toxicology, but…
Texas Bill Would Improve Access to DNA Testing

7 Apr 2011 | 1:54 pm

With 42 exonerations, Texas has had more wrongful convictions overturned by DNA testing that any other state.On Tuesday, the Senate voted to strengthen prison inmates' access to post-conviction DNA testing, reported the Austin Chronicle.The bill, sponsored by Sen. Rodney Ellis requires post-conviction testing if biological evidence was never tested or if new techniques would give more accurate results. It also requires any newly-discovered, unidentified DNA samples to be compared with federal and state DNA databases."Under current law, innocence is often being left to chance," Ellis said in a…

Charon QC
Postcard from The Staterooms: Giving caviar to an elephant edition…

Charon QC

10 Apr 2011 | 3:43 am

I enjoy blogging (although I do, occasionally, wonder if I would be better off buying a horse, a lance and a windmill) and – as Brian Inkster’s excellent UK Blawg Review #6 reveals – an encouraging number of lawyers have continued to or have taken up law blogging. This is a good thing. As I have no law practice to *flawg* ( a term coined by Antonin Pribetic of The Trial Warrior, as far as I can determine) I can write about matters which interest me or indulge sardonic thoughts about the worst excesses of the legal profession through Muttley Dastardly LLP and…. The…
The Time Blawg Tardis visit a huge number of UK Blawgs…..

Charon QC

9 Apr 2011 | 3:00 am

Brian Inkster, writing on The Time Blawg, has really done the business in his epic UK Blawg Review #6: An interesting and very comprehensive review of UK law blogging from the late 1990s through to the present day. Thanks for the mention…. although… I really am more *Godfaffer*…than *Godfather*. As far as I recall, I invented *Charon QC* (Choosing the ferryman because I rather liked the idea of driving lawyers to Hades) in 2002 and wrote qua Charon on a now defunct magazine I owned then. It was Nick Holmes of Binary Law who persuaded me (rightly) to blog using…
Lawcast 181: Baroness Deech, Chair of The Bar Standards Board on legal education and the regulation of the profession

Charon QC

8 Apr 2011 | 10:25 am

Today I am talking to Baroness Deech, an academic lawyer, former Principal of St Anne’s College Oxford, and a bioethicist. Most noted for chairing the Human Fertilisation and Embryology Authority (HFEA), from 1994 to 2002, Lady Deech sits as a Crossbench peer in the House of Lords (since 2005) and, since 2009, Chair of The Bar Standards Board The legal landscape is changing so, this afternoon, I ask Baroness Deech for her views on regulation of the legal profession, regulation of the law schools, the changing face of legal education and the changing legal landscape. I thoroughly…

Law.com - Newswire
This Will Hurt a Bit: J&J Settles Foreign Bribe Charges

Pharmaceutical titan Johnson & Johnson has agreed to pay $70 million to settle civil and criminal bribery charges, and signed a deferred prosecution agreement containing five pages of required compliance reforms.
What's the Deal with Cromwell & Goodwin?

At first glance, the homepage of the seemingly slick Cromwell & Goodwin website certainly looks like the online home of a legitimate law firm. Look a bit deeper, though, and serious questions arise.
Circuit Rejects Request to Cancel 9/11 Property Damages Settlement

The 2nd Circuit has rejected developer Larry Silverstein's attempt to derail a $1.2 billion settlement of property damage claims filed against airlines and security companies accused of negligence after the 9/11 terrorist attacks.

Peter Black's Freedom to Differ
Daily Twitter Links

pete.black@gmail.com (Peter Black)

9 Apr 2011 | 5:31 am

These are some of the things I've been tweeting about today: kevin smith declares "I Am So Sick of Movies and Shit" http://flpbd.it/LoDy business week on the hollywood reporter's richard beckman ... "Last of the Old-Style Media Moguls?" http://flpbd.it/uEUf some advice for uni students ... "How To Steal Like An Artist (And 9 Other Things Nobody Told Me" by @AustinKleon http://flpbd.it/OJmy "How News Corp got lost in MySpace" http://flpbd.it/Kwch media disruption set to accelerate writes @richgreenfield1 ... "Could HuffPost start its own web-based cable network?" http://flpbd.it/gc0J well…
Daily Twitter Links

pete.black@gmail.com (Peter Black)

8 Apr 2011 | 1:04 am

These are some of the things I've been tweeting about today: important privacy decision from switzerland ... "Google Street View Infringes on Privacy, Say Swiss" http://j.mp/hwd5Xt he wrap asks "From Katie Couric to Matt Lauer: Why Don’t News Anchors Want the Job Anymore?" http://j.mp/hvhhgY i wonder if andrew bolt wants any new faces or voices for his new show? ... "Bolt to front Sunday morning program on Ten" http://j.mp/fa2t54 this week the internet celebrated it's 42nd birthday ... "Happy Birthday Internet?" http://j.mp/hkNzSH the atlantic wire says "An Ambiguously Gay Caveman Is Your…
Daily Twitter Links

pete.black@gmail.com (Peter Black)

7 Apr 2011 | 5:48 am

These are some of the things I've been tweeting about today: rolling stone magazine lists "The 10 Best Comedy Podcasts of the Moment" http://flpbd.it/6Mqo surely they can do better than donald trump? ... "Trump Tied for 2nd in New GOP Poll" http://flpbd.it/iReE would australian media organisations self censor like this? ... "Why can't we see painted breasts on the news?" http://flpbd.it/GkNS the guardian explains "How a big US bank laundered billions from Mexico's drug gangs" http://flpbd.it/R57K psychologist simon baron-cohen argues that that we shouldn't use evil as an explanation for why…

taxgirl
IRS Commissioner Doug Shulman Addresses National Press Club

Kelly

9 Apr 2011 | 3:52 pm

On Wednesday, April 6, 2011, IRS Commissioner addressed the National Press Club. Follows is the text of his prepared remarks, as distributed by IRS: Thank you for that gracious welcome… and thank you for inviting me back to the National Press Club. A few weeks back, I celebrated my third year as IRS Commissioner. And milestones like this allow us to pause and reflect on how far we’ve come…what we’ve accomplished… what we’ve learned…and what lies ahead. It’s certainly been an interesting journey so far. Some things I expected, and others I…
Shutdown Averted… for This Week

Kelly

9 Apr 2011 | 9:58 am

So, 433 days after the first version of the President’s budget was offered to Congress, we have an agreement. Sort of. Congress voted through yet another “short term” extension of the budget late last night and early today, heading off a potential government shut down. And by “short term,” this time I mean one week. Yep, you read that right. The funding extension lasts until April 15, 2011. And then we get to have this discussion again. For now, Tax Day remains April 18. Your tax refund is safe. Carry on. Technorati Tags: budget, Tax Day Similar Posts: Tax Day is…
Tax Day is April 18, Shutdown or No Shutdown

Kelly

7 Apr 2011 | 6:22 am

A reader was browsing the internet the other day and sent me this hopeful email: CNN is reporting that the government might shut down because of the budget. Does that mean we’ll get some extra time to file our taxes? (Fingers crossed) Sorry. Might as well uncross those fingers now… No matter what happens with the budget, Tax Day is still April 18, 2011. In case you missed the earlier announcement, Tax Day traditionally falls on April 15 unless that day happens to be on a Saturday, Sunday or federal holiday. This year, April 15 falls on a Friday – not a Saturday, Sunday or…

Law.com - Legal Technology
Sidley Austin Looks to Riverbed to Build a Broader Network

Sidley Austin had a legacy network connecting its 17 offices in the U.S., Asia and Europe, resulting in slow data transfers and limiting the firm's ability to centralize IT resources. To create better connectivity between offices, the firm upgraded its network with Riverbed appliances.

Law.com - Small Firms
San Francisco's Renne Firm Allies With Sacramento's Miller & Owen

San Francisco's Renne Sloan Holtzman Sakai entered an alliance with Sacramento counterpart Miller & Owen this week to share resources and certain client matters. Although each firm will keep its own name and structure, their new venture will be known as the Public Law Group.
Kelley Drye Picks Up L.A. Office by Acquiring Boutique

New York-based Kelley Drye, which shuttered its last Los Angeles office in March 2003, has acquired 15-lawyer L.A. boutique White O'Connor. The new office will initially be called Kelley Drye/White O'Connor.
Plaintiffs Lawyers Eyeing Marcellus Shale Work

The sound of drills piercing the Marcellus Shale formation has pricked up the ears of attorneys whose practices range from tax and regulatory to land use and environmental. But personal injury lawyers and class action attorneys have also taken notice of potential work for them.

Law.com - In-House Counsel
'Founding Partners' Decision Shows Limits of SEC's Power Over Relief Defendants

Jenner and Block's Michael K. Lowman and Andrew F. Merrick examine SEC v. Founding Partners Capital Mgmt., a recent federal court ruling that significantly curtails the power of the Securities and Exchange Commission to pursue ill-gotten gains from relief defendants in an SEC enforcement action. The ruling is significant for practicing securities lawyers because it confirms that there are important boundaries that circumscribe the SEC's authority to pursue claims against relief defendants.
Network of Small, Midsize Firms Look for Opportunity in Hard Times

Hard times bring opportunities, and the network of small and midsize law firms called Meritas hopes that more general counsel come knocking as their companies look for ways to cut costs. Cost savings isn't the only reason to use one of Meritas' 170 firms, which are based in more than 60 countries (and 49 states). The firms and their clients also tout personal service, geographic reach and quality control.
Two Veteran Lawyers Say Now Is the Time for Fixed Fees

In these troubled economic times, fixed fees for particular legal matters have appeal for law firms and their corporate clients. Ben W. Heineman Jr., former GC for General Electric, and William F. Lee, co-managing partner for WilmerHale, strongly believe that this is an idea whose time has come. Fixed fees provide reduced billing hassles, more predictable cost to the client and more predictable payments to the firm. Heineman and Lee address how to set price with quality and achieve cost and value alignment.

Law.com - Career Center
The Careerist: Disgruntled UVA Students Show Their Ire

Check out some of the latest posts on the lawjobs.com blog, The Careerist. Disgruntled UVA Students Show Their Ire Plus Bulldog, Boxer, and Bristol And Social Media Virgins
Acquire Necessary Skills That You Won't Learn in Law School

Being a successful lawyer is about having more than just legal skills, says Katharine M. Chen of Fordham University School of Law. She provides some advice for developing other key competencies, including client and people skills, leadership qualities, and work management skills.
Commentary: Big Law Suicides Becoming More Frequent?

Are suicides among big firm lawyers becoming more frequent? Or just more frequently reported? Steven J. Harper, an adjunct professor at Northwestern University, fears it is the former. He notes that everyone -- especially lawyers -- should periodically assess whether a job is a good fit.

Legal Blog Watch
One More Consequence of Being a 'Nonessential' Government Employee: Surrender Your BlackBerry in a Shutdown

Bruce Carton

8 Apr 2011 | 12:32 pm

The Washington Post reports that an unexpected casualty of any government shutdown may be the BlackBerrys and other PDAs of "nonessential" government workers. Under the Anti-Deficiency Act, it is illegal for nonessential federal employees to voluntarily work during a shutdown. According to the Post, "in the modern era, that means they can’t use e-mail or voice mail." Plans to make sure the government complies with this act are still up in the air, but a senior administration official told the Post that "one plan under consideration would require nonessential…
Urine Sample Collector Will Be 'Directly Observing the Urine Coming Straight Out of Your Body,' Thank You Very Much

Bruce Carton

8 Apr 2011 | 12:09 pm

There are some times that a man simply does not want to have a stranger “directly observe the urine coming straight out of his body.” Am I right, men? Is it really necessary to require a guy to provide a urine sample in a fashion that allows the "collector" of this test to have constant "visibility of the participant's genitalia?” [Sidenote: It now occurs to me that the following conversation has probably taken place at some point in history: Q: What do you do for a living? A: I'm a collector. Q: What do you collect? A: Urine samples.] Moving on. Via How Appealing I see…
Thursday's Three Burning Legal Questions

Bruce Carton

7 Apr 2011 | 11:26 am

Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: I'm not going to lie, I reallllly like to gamble. Too much, probably. But hey, sometimes it is all worth it, like right now when I just won a $2,001 jackpot! W00t!! Just curious, but does it matter that, prior to hitting the jackpot, I had previously banned myself from the state's casinos under a Gaming Control Board self-help program? Answer: Oh yes, it matters. Not only do you not get to keep the money, you will also likely face a criminal trespass charge. (Legal Juice, So I…

UNDERDOG - Criminal Defense Lawyer in Virginia & Maryland
D.C. medical marijuana regulations expected to take effect April 15.

7 Apr 2011 | 9:00 pm

By Jon Katz, a criminal defense lawyer and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients. http://katzjustice.com Image from public domainD.C. Mayor Vincent Gray announced on April 6, 2011, that medical marijuana regulations have been finalized, to take effect April 15, 2011. The regulations will not be available before April 15, despite my efforts to obtain the current version today through D.C. government information people including those listed in the mayor's online news…

The Legal Satyricon
Weekend read: “Compliment & Cuddle”

J DeVoy

8 Apr 2011 | 3:05 pm

By J. DeVoy Just in time for the weekend, controversial pickup writer Roosh has finished his seminal work Compliment & Cuddle: The Nice Guy Method to Making Love. It’s free, online, and can be read in an hour at most. Like all of Roosh’s work, it will shock and offend the uninitiated and willfully blind, [...]
New federal web laws will confiscate wealth from adult, other industries

J DeVoy

6 Apr 2011 | 1:14 am

By J. DeVoy Pat Leahy seems to actually know a bit about intellectual property law, if you listen to him speak long enough. Based on the failed introduction of COICA in the fall, he’s clearly aware of the ravages piracy has caused on the broader recording and entertainment industries, as well as the harm of [...]
NY Times pranked again; nostalgic for Jayson Blair

J DeVoy

1 Apr 2011 | 4:00 am

By J. DeVoy Consistent with its history of shoddy reporting and extreme gullibility, the New York Times has once again fallen prey to a fairly obvious April Fool’s Day hoax. Eric Turkewitz has the story on the New York Personal Injury Law Blog. Without stealing Turkewitz’s thunder, I’m appalled. Anyone who expects much from the [...]

Chicago IP Litigation Blog
Northern District of Illinois Institutes Plan in Case of Government Shutdown

R. David Donoghue

8 Apr 2011 | 11:17 am

Chief Judge Holderman has instituted an operations plan in the event of a federal government shutdown. The Northern District will operate normally for the first two weeks of any shutdown. Should a shutdown continue longer than two weeks, the Northern District will operate with essential personnel as set forth by the United States Court's Administrative Office. Here is the full text of Chief Judge Holderman's statement: To the People of the Northern District of Illinois, Please be assured that here in the Northern District of Illinois, Clerk of the Court Mike Dobbins and I…
New N.D. Illinois Judges Panel: Judge Chang

R. David Donoghue

8 Apr 2011 | 3:59 am

In late January, the Northern District's six newest judges attended a Federal Bar Association panel to offer insights into their practices and chambers. The recurring theme of the discussion was a call for civility: Civility in court. Civility in briefs. Civility in emails. Over the next several weeks, I will provide summaries of each judge's comments and insights. This post (the second nin the series) focuses upon Judge Chang (a University of Michigan aerospace engineer like me Go Blue!): Send someone to hearings that knows the case and/or motions. Civility: Do not casually suggest…
Court Distinguishes Non-Privileged Facts About Counsel

R. David Donoghue

6 Apr 2011 | 3:48 am

DSM Desotech, Inc. v. 3D Sys. Corp., No. 08 C 1531, Slip Op. (N.D. Ill. Jan. 12, 2011) (Nolan, Mag. J.) Judge Nolan granted in part defendant 3D System's motion to compel further Fed. R. Civ. P. 30(b)(6) testimony from plaintiff DSM Desotech ("DSM") in this patent dispute regarding 3D Systems Zephyr recoater. First, the Court held that the rules, responsibilities and dates of prosecution counsel's involvement was neither privileged, nor work product. Similarly, whether prosecution counsel was aware of the Zephyr recoater during prosecution was not privileged. The Court held that a…

Ohio Employer's Law Blog
WIRTW #172 (the juxtaposition edition)

Jon Hyman

8 Apr 2011 | 5:24 am

These two stories came through my feed reader this week, and I thought that together they tell an interesting story: Why Is It So Hard to Get a Low Paying Job? – from Suzanne Lucas, the Evil HR Lady and McDonald’s will hold hiring day April 19 to fill 50,000 jobs – from USAToday Here’s the rest of what I read this week: Discrimination Poor, Pregnant, and Fired: Caregiver Discrimination Against Low-Wage Workers – from Workplace Fairness Say “cheese” – from Michael Maslanka’s Work Matters Can the EEOC legally recruit claimants over the radio? – from Eric Meyer’s The…
When does 50 not equal 50?

Jon Hyman

7 Apr 2011 | 5:48 am

Most people think of “50” as the magic number for the FMLA. “Oh, we have 50 employees, so we now have to comply with the FMLA,” is a popular refrain among HR departments. It’s not that simple. The FMLA has two different rules that must be met before you have to offer FMLA leave to an employee—coverage and eligibility. Coverage applies to the employer and eligibility applies to the employee. They both have the magic number 50 as a key component, but are very different in application. Coverage. The FMLA covers any private employer that has 50 or more employees on the payroll during…
How far can a Cat’s Paw reach?

Jon Hyman

6 Apr 2011 | 5:38 am

Last month—in Staub v. Proctor Hosp.—the Supreme Court held that employers are liable for the discriminatory animus of managers and supervisors uninvolved with the adverse action decision making, unless the employer’s decision is entirely independent of the discriminatory input of the manager or supervisor. At the time, I argued that this broad holding would make it very difficult for employers to win summary judgment in these “cat’s paw” cases. Blount v. Ohio Bell Telephone Co.—decided a mere nine days after Staub—illustrates my point. In Blount, two former Ohio Bell…

Law Vibe
My Bloody Life: The Making of a Latin King by Reymundo Sanchez

Michael

4 Apr 2011 | 5:38 pm

Written under a pseudonym by “Reymundo Sanchez”, the book My Bloody Life: The Making of a Latin King” is an autobiography of a man who tells about his life of crime. The book became a medium of confession for a man who confirmed crimes such as robbery, rape, and murder. Sanchez grew up in a life surrounded by violence and of being the victim before turning into the offender. At five, he was raped. At thirteen, he was introduced to sex by a junkie thrice his age. He grew up as a battered child by his mother and stepfather, where drugs and alcohol became his solace. It was…
Sante Kimes Biography: Psychology of a Psychopathic Murderous Mother

Michael

4 Apr 2011 | 6:00 am

It all started with mysterious disappearances of small things such as watch owned by a neighbor in Las Vegas, a mink coat in Washington and a car in Honolulu. Later on, using her dark charm, people began to disappear like the small things she took. In her California home, as well as in her homes in Hawaii and Nevada, Mexican women were found to be held captive and enslaved. A dinner date with a banker in the Bahamas left the man never to be seen again. In Los Angeles, a man who knew enough about her was shot and found dead. Last week, an elderly socialite named Irene Silverman was the…
ReCAPTCHA Cracked: Has Google’s Anti-Spam Solution Been Hacked?

Michael

28 Mar 2011 | 6:00 am

Abuse of Google’s reCAPTCHA system has been reported, despite claims being denied by Google. It is alleged that the system has now been exploited by junk mail procurers. The system is being used by Google to protect Web sites from spammers. In a research published by Jonathan Wilkins regarding the security system, a 17.5% success rate against the system has been proven, which leaves the system highly vulnerable. CAPTCHA is also known as Completely Automated Public Turing test to tell Computers and Humans Apart. The concept of the system is to present users an image that is said to be…

Negotiation Law Blog
Ms. JD Conference Slide Show on Your First Year of Practice

Victoria Pynchon

3 Apr 2011 | 5:55 pm

Ms. JD Conference View more presentations from Victoria Pynchon
Duke v. Wal-Mart at Forbes Woman: Implicit Gender Bias and Social Science Evidence

Victoria Pynchon

28 Mar 2011 | 3:26 pm

For Supreme Court watchers, here's my article on Duke v. Wal-Mart over at the She Negotiates ForbesWoman blog, Wal-Mart Discrimination Case Grapples with Implicit Biases against Women. As the New York Times‘ Adam Liptak reported today, the Supreme Court will decide on Tuesday whether 1.5 million women will be permitted to proceed with their gender discrimination class action against Wal-Mart. The high court is being asked to decide what role it believes social science research should play in determining whether implicit bias is responsible for women’s underpay and…
Do You REALLY Want Me to Be Evaluative?

Victoria Pynchon

26 Mar 2011 | 10:51 am

This just in from one of my colleagues at ADR Services, Inc., Michael P. Carbone. Good stuff and an excellent mediator for commercial real estate and construction dispute litigation. A mistake that lawyers sometimes make is failing to ask for what they want. If they do want an evaluation they can ask for it when they hire the neutral. There are processes variously known as neutral evaluation, non-binding arbitration, or early case assessment which are designed specifically for this purpose. They can be used independently or they can be combined with mediation. I was once…

idealawg
Friends with Toll Booth Syndrome: How do you handle their coins?

StephanieWestAllen

10 Apr 2011 | 7:46 am

I have a friend, a phantom friend, a now-you-see-him-now-you-don't friend. He will e-mail me to say he wants to get together or have a phone conversation, I will write back with suggestions for times, and then there is silence. It's a pattern. Because he will be in town soon, I heard from him again recently. He e-mailed about our seeing each other; I sent a couple of rendezvous suggestions. Subsequent to my e-mail, there has been no word back, even though he will be here just a few days. Given previous interactions, his lack of response is no surprise. Last week, I realized that he…
This summer: Sturm College of Law Storytelling Conference

StephanieWestAllen

9 Apr 2011 | 9:10 pm

This conference will be held in Denver on July 8-10, 2011. From the Web site: CLEA and the Legal Writing Institute are co-sponsoring the third biennial International Applied Storytelling Conference, July 8-10, 2011 at University of Denver, Sturm College of Law. Applied Legal Storytelling goes beyond traditional Law and Literature concepts to explore the role of narrative in both law practice and law teaching. This popular and well-received conference series fosters innovative collaboration and exciting dialogue about the persuasive use of story across the spectrum of lawyering skills. It will…
The value of a broken heart: Shows you are following a path of sincerity, according to David Whyte

StephanieWestAllen

9 Apr 2011 | 8:30 am

I have only heard David Whyte in videos, never in person. I understand it is a magical experience to listen to him while both you and he are in the same room. Click to watch a short clip of him speaking at this year's Psychotherapy Networker Symposium. Whyte makes several thought-provoking statements in the three-minute clip (imagine hearing the whole talk!). For example (and I may not get these quotes verbatim): No marriage, no matter how happy it is, won't leave you helpless and wanting at times, leaving you literally with a broken heart. If you are sincere about your vocation,…

Conflict Zen
Seven questions for leaders, managers and mediators

Tammy Lenski

31 Mar 2011 | 2:01 am

If your leadership or management work places you in the role of “insider” mediator, or if you’re a professional mediator working in organizational settings, here are seven questions to ask yourself when you’re in the mediator’s chair: 1. Are you all solving the right problem? 2. Are you imagining the future together or getting stuck in the past? 3. Are you listening with your answer running? 4. Are you keeping your advice-giving in check? 5. Are you making it possible for them to change their positions? 6. Are you taking the right amount of time to build…
Elephant in the room? There’s a card for that

Tammy Lenski

20 Mar 2011 | 2:01 am

” I found that sometimes I knew what to say, but in the moment I was too frustrated, angry, heart broken, afraid or proud,” says Sharon Brennan, creator of a beautiful line of print and e-cards I stumbled across via Twitter. When she started noticing that others felt that way too, There’s an ELEPHANT in the ROOM Cards™ was born. Created to help people move with grace through difficult moments in their relationships, the cards are designed to “blast holes in dark places and let the light in, and yes, to move elephants out of rooms.” Brennan’s tagline is,…
On creating conflict where there wasn’t any to begin with

Tammy Lenski

15 Mar 2011 | 1:25 pm

Rita, a conflict coaching client, told me this story: I stopped my car for a red light. One car was ahead of me. It was filled with teenage girls who were having a good time, and the driver was repeatedly turning and talking to the girls in the back seat. The light turned green but the car ahead of me didn’t move. I waited for the driver to notice the green light. When it was clear she wasn’t paying attention, I gave my horn a quick peep. She turned to face forward, saw the green light, and took off. As I pulled forward, a truck in the lane to my left, waiting for a green…

CaseDetails.com
Boost Your Site’s Performance with Q&As

DoriE

31 Mar 2011 | 10:42 am

If you’ve already optimized the obvious—and easy—areas of your website to improve its visibility, your next step might be to try to boost your site with Q&As (Questions and Answers), either by answering questions on Q&A sites, or by creating a Q&A page on your own site. These Q&As are of particular value to law [...]
Basics of Local Search in 7 Days, Day 4: Google Places, Bing Local, Yahoo Local

DoriE

24 Mar 2011 | 12:05 pm

In Day 3 of Local Search in 7 Days we talked about the importance of keyword research. Today, we’ll be discussing Google Places, Bing Local and Yahoo Local pages. What are these pages? Each search engine offers free listings for businesses. The page contains basic information about your firm: address, phone, email address and website, [...]
Basics of Local Search in 7 Days, Day 3: Keyword Research

DoriE

14 Mar 2011 | 11:41 am

In Day 2 of Local Search in 7 Days, we talked about the importance of optimizing your website. Today, we’ll be discussing the value of good local keyword research. Why is keyword research so important? Keyword phrases are the words your potential clients will type into the search box. Predicting what those clients will type [...]

Privacy Law Blog
Bay State "Brings It": Attorney General Enters Consent Agreement with Restaurant Group for Data Security Failures

Brendon Tavelli

7 Apr 2011 | 12:43 pm

On March 28, 2011, the Massachusetts Superior Court issued a Final Judgment by Consent between the Commonwealth and Briar Group, LLC that resolves allegations that Briar Group failed to take measures to protect consumer credit and debit card information. The Final Judgment stems from an April 2009 information security breach in which outside hackers used malware to gain access to Briar Group’s computer systems and extract payment card information about the company’s restaurant and bar customers. Pursuant to the Final Judgment, Briar Group must pay $110,000 to the Commonwealth,…
Justice Roberts: "This Isn't Personal, and Neither Are Your Corporate Records"

Kevin Khurana

1 Mar 2011 | 7:37 pm

In a unanimous decision on March 1, 2011, the Supreme Court held in Federal Communications Commission v. AT&T Inc. that corporations do not have personal privacy rights under the Freedom of Information Act (FOIA), reversing a 2009 Third Circuit decision (which we blogged about here).The case arose because AT&T sought to block the disclosure of documents under the FOIA that it disclosed to the Federal Communications Commission (FCC) during a 2004 investigation relating to AT&T’s alleged overbilling of public schools under a program created to enhance telecommunications and…
Credit Report Resellers Settle FTC Charges Over Poor Security

Scott J. Carpenter

1 Mar 2011 | 8:35 am

The Federal Trade Commission recently announced that it reached a settlement with three consumer credit report resellers whose information security practices and procedures were not sufficient to prevent hackers to obtain more than 1,800 consumer credit reports without authorization. The settlement resolves allegations that the resellers violated the Fair Credit Reporting Act, the FTC Act and the Gramm Leach Bliley Safeguards Rule by failing to take appropriate precautions to protect credit reports and the personal information such reports contain. According to the FTC, the…

Lawyers, Guns & Money
Lumet

Scott Lemieux

10 Apr 2011 | 8:06 am

R.I.P. See Kenny, Zoller Seitz, Edroso, and this oldie-but-goodie from Dargis. Roy’s post, with its account of Lumet’s setting of Newman’s summation in The Verdict, has many insights but I especially like this one: His work was uneven, but I don’t know that we’d have the good films he gave us if he husbanded his energies like Kubrick, and made movies less often. His was not a ruminative talent. He got the idea, made the picture, and moved on. This resembles the method of the hack, but Lumet was clearly not only talented, but artistically ambitious — he…
Stephanie Carvin Deploys Blogfare In Bid to Counter Asymmetric Tactics

Charli Carpenter

10 Apr 2011 | 6:47 am

In her latest post on lawfare, Carvin outs me for being the audacious, asymmetric tactician I suppose I am, and attempts to win readers’ hearts and minds with a combination of wit and reasonableness. Will these tactics succeed? Or will this ‘soft power’ approach be read as alternatively naive or neo-colonialist? To cast your vote, click here and comment.
Some Saturday Evening Links…

Robert Farley

9 Apr 2011 | 5:12 pm

For your pleasure: Long, interesting post from Dmitry Gorenburg on conflict at the Russian Academy of Military Sciences. I suspect that Hamas and Hezbollah will be delighted by the opportunity to bleed Israel of $25000 at will. Tactically impressive, but quite likely to be a strategic failure. Partially contra Krugman, the US military excelled at lots of different tactical tasks in World War II. It would be best to say that the US military was an outstanding learner, and became very proficient at many jobs as the war proceeded.

Avvo Blog
10 Questions to Ask a Prospective SEO Consultant

Nick

8 Apr 2011 | 5:01 pm

One question I and the rest of the Avvo marketing team often get is, “How do I pick a good SEO/PPC consultant?” Or, more specifically, “What sort of questions would you ask if you were interviewing an SEO/PPC consultant and what kind of answers would you look for?” Search engine optimization (SEO) and pay-per-click (PPC) continue to pervade online marketing, so this pops up a lot. I thought I’d dedicate a couple of blog posts to my thoughts on the matter, starting with SEO, and then following up later with a PPC version. So, let’s jump right into 10 questions I would ask…
Free Online Marketing Training for WA Lawyers

Conrad Saam, Marketing

5 Apr 2011 | 1:17 pm

Avvo is hosting a half-day Online Marketing Training session for lawyers on Wednesday, June 1st at Avvo’s headquarters in downtown Seattle. The session is FREE and open to the first 20 people who sign up! Click Here to Get Tickets Given by Mark Britton, Avvo founder and CEO; Josh King, Avvo General Counsel and Conrad Saam, Avvo Marketing Director – topics will cover the fundamentals of building a successful law practice by utilizing free and easy tools on the web. It is ideally suited for solo/small firm attorneys and marketing directors at mid-sized firms. Agenda: • Web Strategy:…
Introducing the Avvo Plastic Surgery Rewards Card

Megan Olendorf

1 Apr 2011 | 6:00 am

Introducing the Avvo Plastic Surgery Rewards® Card, the only card that gives you points towards a free Botox, liposuction, or breast augmentation procedure. The card works just like an airline miles card, except that instead of free travel, you redeem your points for free plastic surgery. More information and better guidance than ever before Avvo is dedicated to giving people access to free information and guidance, but when a person moves beyond research and decides to undergo cosmetic surgery, cost can be an issue. That’s why we are offering the opportunity to save up for plastic…

TVC Alert
Everything Has an End

(24 Jul) To paraphrase Shakespeare, the inaudible and noiseless foot of time passes almost without notice. Indeed, the past 12 years, spent writing about research strategies and resources...
Resources: None Today

The Virtual Chase
Supreme Court Halts Expansion of False Claims Act Liability

(24 Jun) The U.S. Supreme Court recently made plain that whistleblowers' allegations will be scrutinized more closely.
DOJ Is Aggressively Enforcing Foreign Corrupt Practices Act

(24 Jun) Enforcement of the Foreign Corrupt Practices Act (FCPA) is increasing dramatically. Recent Department of Justice (DOJ) actions demonstrate that it is imperative that companies maintain robust compliance programs or risk criminal exposure and substantial penalties.

Lawyers.com Blog
Hiring a Motorcycle Accident Attorney is One of the Important Rules

9 Apr 2011 | 8:50 pm

Hiring a motorcycle accident attorney is one of the most important rules after being involved in a collision on the bike. Motorcycle accidents are usually devastating, because the rider has little protection from hitting the pavement; they have a helmet and possibly protective gear. Other than this they have no protection from the pavement, because there is no seatbelt there are no airbags and there is no metal cage. The reason that hiring a motorcycle accident attorney is one of the important rules, is to protect the riders rights to compensation and not every personal injury attorney…
Houston Texas DWI Laws

9 Apr 2011 | 8:39 pm

Houston Texas DWI Lawyer Houston DWI Laws...Class B Misdemeanor Houston DWI: If you are found guilty of a DWI and it is a first offense, it ma be considered a Class B misdemeanor, which means you may face up to 180 days in county jail and/or a fine up to $2,000. Class A Misdemeanor Houston Dwi: If you are found guilty of a DWI and you have had one prior conviction, you may face up to 1 year in county jail and/or a fine up to $4,000. 3rd Degree Felony Houston DWI With two prior convictions, you may be facing 2 to 10 years imprisonment, and you may also be fined up to $10,000. Other factors in…

Connecticut Employment Law Blog
Upcoming Presentations: Technology and the Workplace Is THE Hot Topic

Daniel Schwartz

8 Apr 2011 | 10:26 am

There's no doubt that over the last couple of years, technology has been a huge driver of changes in the workplace. We're now beginning to see lots of presentations and seminars discussing those changes and the interplay that such changes is having on the law. Here are some of the upcoming conferences and meetings I'll be speaking at to give you a sense of how people are interested in the subject. This Sunday, I'll be presenting at Ignite Law 2011, before the ABA Techshow in Chicago. The topic: The Elephant in the Room. It's a fun format: 12 speakers each have 6 minutes to…
More New Employment Law Regulations: Fluctuating Work Week & Tip Credit Under FLSA

Daniel Schwartz

7 Apr 2011 | 10:05 am

Last month, it was the EEOC that released new regulations on the ADA. This week, it's the Wage & Hour Division of the Department of Labor, that has released new regulations on the Fair Labor Standards Act. The new regulations will go into effect in early May 2011. While some of these revisions are more technical in nature, there are some others which could have an impact on employers and some portions which aren't revisions, but additions. Here are a few highlights: For employers that use a fluctuating workweek method of payment of employees (in which an employee is…
The Joy of a National Championship: Employment Law Lessons From the UConn Huskies

Daniel Schwartz

5 Apr 2011 | 6:31 am

Since I'm a lifelong Connecticut resident (and big UConn basketball fan), it seems almost a requirement that I dedicate a post today to the Huskies' NCAA Men's Basketball Tournament championship last night. And of course, this being an employment law blog, I've spent some time thinking that there must be a way to translate that victory into lessons for employers. (After all, if we can learn lessons from a Yankees victory, surely there are some nuggets to pull from last night.) So here are a few things employers can learn from this year's Huskies: 1. Experience is great, but…

CaseDetails.com
Boost Your Site’s Performance with Q&As

If you’ve already optimized the obvious—and easy—areas of your website to improve its visibility, your next step might be to try to boost your site with Q&As (Questions and Answers), either by answering questions on Q&A sites, or by creating a Q&A page on your own site. These Q&As are of particular value to law [...]
Basics of Local Search in 7 Days, Day 4: Google Places, Bing Local, Yahoo Local

In Day 3 of Local Search in 7 Days we talked about the importance of keyword research. Today, we’ll be discussing Google Places, Bing Local and Yahoo Local pages. What are these pages? Each search engine offers free listings for businesses. The page contains basic information about your firm: address, phone, email address and website, [...]
Basics of Local Search in 7 Days, Day 3: Keyword Research

In Day 2 of Local Search in 7 Days, we talked about the importance of optimizing your website. Today, we’ll be discussing the value of good local keyword research. Why is keyword research so important? Keyword phrases are the words your potential clients will type into the search box. Predicting what those clients will type [...]

Inc.com
Reinventing the Way We Teach Engineers

Joseph Rosenbloom

9 Apr 2011 | 9:00 pm

Richard Miller has had one of the toughest jobs in higher education. The Olin Foundation tapped him a dozen years ago to create an engineering college on a hilltop in the Boston suburb of Needham. When Miller started, there were no buildings, no faculty, no curriculum, no students. The foundation's mandate: design a boldly original model for a 21st century school whose graduates would be not just accomplished engineers but world-beater entrepreneurs and leaders. Now the Franklin W. Olin College of Engineering has a wind-swept cluster of six earth-toned buildings, 347 brainy students who pay a…
The Ripple Effect

Issie Lapowsky

8 Apr 2011 | 8:38 am

Each day,Inc.'s reporters scour the Web for the most important and interesting news to entrepreneurs. Here's what we found today.Shutdown could wreack havoc on small businesses. In the face of a potential government shutdown, both The New York Times and Wall Street Journal are exploring the possible effects the shutdown would have on the broader business community. Beyond the 800,000 federal jobs at stake, the country's national parks risk losing business, government contractors will be temporarily out of work, new approvals of SBA-backed loans will be put on hold, and the economy's growth…
How to Predict Your Start-up's Financial Future

Martin Zwilling

8 Apr 2011 | 1:00 am

Many entrepreneurs actually refuse to do financial projections beyond the first year, insisting that no one can predict the future. What they might not know is that investors look at projections not merely as predictions, but more as commitments from the founder and his team. If you are not willing to commit, don't expect anyone to back you.In reality, you need to set these projections as goals for your own use, to convince employees as well as investors that you have a business that is challenging, but achievable. Projecting the financials should be the last step in your business plan…

JD Supra Hot Docs - Newsworthy Legal Filings From the Source
Mills v. City of Hazelwood: Petition

David Roland

7 Apr 2011 | 6:04 am

Case Name: Mills v. City of Hazelwood Document Name: Petition Post Date: 04/07/2011 Filing Date: 04/07/2011 Document Summary: Each February and March for the past six years Caitlin Mills, 16, and Abigail Mills, 14, have put a card table in front of their home in Hazelwood, Missouri, and sold Girl Scout cookies to drivers passing by. This year, however, the City notified their mother, Carolyn Mills, that the girls’ cookie stand violated city ordinances and must be shut down. Today, the Mills family filed suit in state court to ensure that children in Hazelwood and all over the state…
Commonwealth Of Virginia v. Sebelius: Brief Amici Curiae Of The CATO Institute, et al., Supporting Plaintiff-Appellee/Cross-Appellant And Affirmance

Cato Institute

5 Apr 2011 | 2:30 pm

Case Name: Commonwealth Of Virginia v. Sebelius Document Name: Brief Amici Curiae Of The CATO Institute, et al., Supporting Plaintiff-Appellee/Cross-Appellant And Affirmance Post Date: 04/05/2011 Filing Date: 04/04/2011 Document Summary: While two lower courts have struck down Obamacare in whole or in part, three others have ruled it constitutional, including a D.C. District Court opinion that claimed for the federal government the right to regulate the "mental activity" of decision-making. As litigation progresses to the appellate level, this latter decision has proven to be more a…
Oregon v. Nix: Brief of Amicus Curiae Electronic Frontier Foundation In Support Of Petitioner James Tyler Nix

Electronic Frontier Foundation

5 Apr 2011 | 2:24 pm

Case Name: Oregon v. Nix Document Name: Brief of Amicus Curiae Electronic Frontier Foundation In Support Of Petitioner James Tyler Nix Post Date: 04/05/2011 Filing Date: 04/01/2011 Document Summary: EFF urged the Oregon Supreme Court to block warrantless searches of arrestees' cell phones, arguing in an amicus brief that granting law enforcement free rein to search data on the devices violates basic privacy protections guaranteed by the Constitution. Other state supreme courts have considered the issue, but they have split in their rulings.Please see full brief below for more…

Special Education Law Blog
Top Education Blog: This Blog Gets More Honors

Jim Gerl

9 Apr 2011 | 1:40 pm

Image via Wikipedia This blog continues to rack up the awards. We have won some impressive honors. In 2008 we won first place in the education blog category of the Bloggers Choice Awards. We have won the prestigious Blog of the Day award. In February of this year, we were listed on another list of top blogs: The Fifty Best Blogs For Special Needs Teachers. We are also listed on the blogrolls of a number of highly respected blogs. And we are found on some amazing tweet lists and facebook pages. This week we were named one of the Top Education…
The Visually Impaired Kid in the Outfield

Jim Gerl

7 Apr 2011 | 12:40 pm

Image by wallyg via FlickrThis story involves a kid with a disability, but the lesson certainly transcends the kid and the disability. I tend to give the credit for my support of the underdog to my mother, and as those of you who knew her are aware, she deserves much of it. But in the last ten years or so, I have begun to appreciate many of the contributions that my father made to my development. I have always known that he was solid. He got up every morning and went off to work at the Peoples Gas Company. Despite the title, it was a megacorporation. He began there as…
Facebook Special Ed Law Group on the Verge of 900 members

Jim Gerl

1 Apr 2011 | 6:27 am

Image via Wikipedia One of our projects here at the Special Education Law Blog is the companion special education law group on Facebook. Check it out here. The Facebook group is a fun place with plenty of robust debate. It is also another great place to find resources for special ed stakeholders. We have been pleasantly surprised how the group has grown. We are now just four members short of 900! We never thought that we would have that many members. 900 people are Jonseing for special ed law; that's incredible. So thank you to the Facebook 900 and…

Drug Injury Watch
Fosamax Litigation: Jaw Injury And Femur Fracture Cases, Federal And NJ Courts: April 2011 Update

Tom Lamb

4 Apr 2011 | 1:15 pm

Secrest MDL Trial Moved From March to September 2011; Hester v. Merck ONJ Trial Set For May 2011 (Posted by Tom Lamb at DrugInjuryWatch.com)The following information about the ongoing Fosamax litigation comes from pages 128-129 of the Merck & Co., Inc. Form 10-K Annual Report For the Fiscal Year Ended December 31, 2010, which was filed with the Securities and Exchange Commission on February 28, 2011: As of December 31, 2010, approximately 1,295 cases, which include approximately 1,675 plaintiff groups, had been filed and were pending against [Merck & Co., Inc.] in either federal or…
730 NuvaRing Lawsuits Filed As Of December 31, 2010 Per Merck Annual Report

Tom Lamb

28 Mar 2011 | 1:57 pm

610 Cases Were In Federal Court NuvaRing MDL And 110 Complaints Filed In New Jersey State Court (Posted by Tom Lamb at DrugInjuryWatch.com)The following information about the number of NuvaRing lawsuits that had been filed before January 2011 comes from page 129 of the Merck & Co., Inc. Form 10-K Annual Report For the Fiscal Year Ended December 31, 2010, which was filed with the Securities and Exchange Commission on February 28, 2011: Beginning in May 2007, a number of complaints were filed in various jurisdictions asserting claims against the Company’s subsidiaries Organon USA, Inc.,…
Another Rather "Odd" YAZ Label Change By Bayer: March 2011

Tom Lamb

21 Mar 2011 | 2:04 pm

Provides New Warnings About Certain Side Effects As Regards ALL Birth Control Pills (Not Specific To YAZ) (Posted by Tom Lamb at DrugInjuryWatch.com) The bottom line is this: There is nothing specific about YAZ in the new warning language added to the YAZ label by Bayer in March 2011. Instead, these new warnings pertain to ALL combined oral contraceptives (COCs), or birth control pills. Moreover, one expects a similar "odd" label change will be done for the several other Bayer birth control pills which contain drospirenone (DRSP) and ethinyl estradiol (EE), namely Yasmin, Safyral, and…

Bankruptcy Blog
They Say the Devil is in the Details

Chic

8 Apr 2011 | 10:46 am

“You can’t discharge credit card debt in bankruptcy,” or “you can’t discharge medical debt.” Don’t those comments sound like something a bill collector will tell you? Of course, they aren’t true, but there are some people out there who believe these myths to be a fact. As human beings, we are not born with all the knowledge in the world. Many of us do not know the source to go to in order to educate ourselves on what the facts might be, so we are relegated to listening to others. Unfortunately, what others tell us might not be true at all. There are people who…
Don’t Waste a Perfectly Good Mistake

Chic

7 Apr 2011 | 9:36 am

Someone once said, “there is no sense wasting a perfectly good mistake. Learn from it.” Going bankrupt is a mistake most of us want to avoid. Sometimes in life, we make the wrong choices that cause our financial downfall, and sometimes, the choices we make set off circumstances out of our control that ultimately cause our financial downfall. For example, loss of income is one of the primary causes of bankruptcy. Many people, who have been unhappy with a perfectly good job, have opted to seek employment elsewhere only to find the economy can no longer support the new field they have…
Franken leads revival of proposed homeowner advocacy agency

Mike Hinshaw

7 Apr 2011 | 5:00 am

Like the new CFPB, it would be a consumer advocate, but authors say it’s modeled on IRS unit April 6, 2011 by Mike Hinshaw Comedian turned senator, Al Franken (D-MN), has taken on the serious problem of home foreclosure with a proposed bill that reintroduces his 2010 idea to create an agency similar to the new Consumer Financial Protection Bureau (CFPB), currently being led by special appointee Elizabeth Warren, the Harvard law professor and bankruptcy expert. Everybody and anybody who follows these topics knows that President Obama chose not to subject Warren to the Senate confirmation…

Higgins and Associates
Fresh Start With Texas Bankruptcy

The new year is upon us and you may have spent more than you should have. Maybe you spent little because you had nothing. Maybe you were just scared of spending too much because your job is in jeopardy. Bankruptcy is always an option, but not always your best option. Sometimes you may want to [...]
Win in Texas Bankruptcy Court

Texas bankruptcy court can seem scary. But once you get this process done, you can start seeing some financial changes in your life. If you’re filing Texas Chapter 7 bankruptcy, you might save tens of thousands of dollars. If you file Chapter 13 bankruptcy, you may stop a foreclosure or prevent other assets from being [...]
When Not to File Texas Bankruptcy

There are certain reasons you may not want to file for bankruptcy help. If you owe a lot of money, it can be tempting, and sometimes smart. However, this guide looks at both sides of the issue – the times when you should not file and the times you should. When Not to File There [...]

Asbestos HUB
Pfizer Offers Quigley Beer Building for Asbestos Claims

Tom Lamb

8 Apr 2011 | 8:15 am

Quoted from http://www.businessweek.com/news/2011-04-07/pfizer-offers-quigley-beer-building-for-asbestos-claims.html Pfizer Offers Quigley Beer Building for Asbestos Claims By Tiffany Kary April 7 (Bloomberg) — Pfizer Inc., the world’s largest drugmaker, will contribute assets including a 281,581-square- foot building leased to a brewery to help its bankrupt, non- operating Quigley unit pay asbestos claims. Quigley’s sixth outline of a plan to reorganize, filed in U.S. Bankruptcy Court in Manhattan yesterday, also would require Pfizer to forgive a secured claim of $86…
Asbestos is safe, Duceppe says

Tom Lamb

5 Apr 2011 | 5:20 am

Quoted from http://www.montrealgazette.com/news/Asbestos+safe+Duceppe+says/4558548/story.html Asbestos is safe, Duceppe says Bloc leader clarifies his stance after initially dodging questions By MONIQUE MUISE, The Gazette April 5, 2011 4:14 AM Bloc Québécois leader Gilles Duceppe clarified his position on Quebec’s asbestos industry early Monday after dodging questions the previous day about whether or not he felt the product it produces and exports is safe. Duceppe told reporters on Sunday that he was in agreement with the recent request by the Parti Québécois to have a…
Pfizer, Quigley Seek Court Approval of Asbestos Settlement

Tom Lamb

23 Mar 2011 | 5:22 am

Quoted from http://www.bloomberg.com/news/2011-03-22/pfizer-reaches-asbestos-settlement-that-may-end-quigley-unit-s-bankruptcy.html Pfizer, Quigley Seek Court Approval of Asbestos Settlement By Tiffany Kary – Mar 22, 2011 4:24 PM ET Pfizer Inc. (PFE), the world’s largest drugmaker, reached a settlement with asbestos claimants that may bring an end to its Quigley unit’s seven-year-old bankruptcy case. U.S. Bankruptcy Judge Stuart Bernstein refused to allow Quigley to exit Chapter 11 court protection in September, saying Pfizer had manipulated the bankruptcy process to benefit itself.

Lowering the Bar
Legislative Update!

Kevin

8 Apr 2011 | 12:25 pm

Here's an update on some of the legislative efforts that Lowering the Bar has been tracking. Maine's legislature has passed LD 126, the bill I mentioned in February that allows one-armed citizens to use switchblades. The governor is expected to sign the bill into law shortly. According to the new report, Maine will be the first state to enact this exception, although, as I noted previously, it's already part of federal law. The only amendment to the state bill was to bring it into line with the federal provision by limiting it to blades of three inches or less. Such blades, as you know,…
From the Docket: Mr. Potato Head

Kevin

8 Apr 2011 | 10:09 am

Bernadette M_____ v. Northern Trust, National Association, et al., No. CGC 11-510013 (San Francisco Super. Ct. filed Apr. 7, 2011). Employment complaint for sex, age and race discrimination. The plaintiff, an Irish citizen, suffered through a Mr. Potato Head contest organized by defendant Cameron in which potatoes were decorated to resemble drunken Irishmen.
Though in Contempt (and Contemptible), Joe Francis Still Wins

Kevin

7 Apr 2011 | 11:42 am

The ABA Journal reports today that the jury in the civil suit against "Girls Gone Wild" guy Joe Francis has found in his favor, after deliberating for 12 hours on Wednesday night. As I reported last week, Francis was going down in flames, and likely about to crash into a manure-heavy landfill, due in large part to his insistence on representing himself (and to his own charming personality). He finally hired lawyers after he was held in contempt, and remarkably they managed to pull out a victory. Or maybe it is not that remarkable, considering that the lawyers actually put on some evidence…

ElderLaw Answers Blog
Spousal Protections Opened to Domestic Partners

Margolis

5 Apr 2011 | 8:23 am

SAGE (Services & Advocacy for Gay, Lesbian, Bisexual and Transgender Elders) has announced a new policy by U.S. Department of Health and Human Services (HHS) to permit states to extend Medicaid long-term care protections long available to spouses to domestic partners as well. While nursing home residents must spend down to $2,000 (or slightly more in some states) of countable assets before Medicaid will pick up their cost of care, their spouses may keep up to approximately $110,000. If they have less than this amount, the nursing home spouse may transfer his assets to the healthy (or…
LexisNexis Names Top Elder Law Blogs

Margolis

2 Apr 2011 | 8:12 am

We didn’t make the cut when LexisNexis named it’s top 25 estate planning, probate and elder law blogs for 2011, but it’s still worth checking out what other elder law attorneys have to say. You can check out the list and sample these blogs by clicking here . I decided to sample a few, starting from the top of the alphabetical list. The first blog, Aging & Law in West Virginia , prepared by West Virginia Senior Legal Aid, is quite attractive with recent articles featuring the MIT AgeLab, Older Americans Month, recent FTC rules on mortgages, and J.R. Clifford, West…
Run Run to See “Win Win”

Ken Coughlin

30 Mar 2011 | 10:39 am

As regular visitors to our Web site are no doubt aware, one of our member attorneys, Joe Tiboni, co-wrote the story of a Hollywood film that has just hit the theaters, “Win Win.” I’ve just seen the film, and my totally unbiased assessment is that everyone else should see it, too. (The New York Times happens to agree with me.) First, it’s not every day that the central character of a major film is an elder law attorney, not to mention one played by the outstanding Paul Giamatti. But more importantly, one of the plot’s central conflicts is a question that adult…

Law is Cool
Retro Is In

Joy Wakefield

7 Apr 2011 | 3:26 pm

This post is a response to this article from the Telegraph about a French female lawyer ripping off another young woman’s burqa (http://www.telegraph.co.uk/news/worldnews/europe/france/7735607/France-has-first-burka-rage-incident.html). What a disappointment! And what an insult – putting forward this law in the name of trying to protect women? This is bad law and bad policy made with bad intentions which will likely be badly enforced and have bad results. First, what does “No one may wear in public places clothes that are aimed at hiding the face” actually…
LOTR on Queen’s Pro Bono Radio

Joy Wakefield

1 Apr 2011 | 11:08 am

This was inspired by lawiscool.com’s previous post about LOTR as property law. We tried to break down different methods of possession and discussed who we thought was the true lord of the ring. Speakers are Colin Brown, Heather Sagar and Joy Wakefield of Queen’s University. Thank you to Omar for the permission and to CFRC for the mics. Enjoy!
International Intervention in Libya

Contributor

31 Mar 2011 | 12:38 pm

By David Olevson and Ekaterina Perchenok With the conflict in Libya and throughout the Middle East escalating every day, we must keep conscious of the inherent bias of our news outlets. While our hearts go out to civilians caught in the line of fire in this wave of unrest, collective international reaction must be carefully planned and scrutinized, as the possible consequences could be devastating with regards to human rights and casualties. If the course of the international intervention in Libya is anything to go by, we seem to have forgotten some of the important humanitarian lessons…

Real Lawyers Have Blogs
New blogs joining The LexBlog Network for the week of 4/4-4/8

Colin O'Keefe

8 Apr 2011 | 3:47 pm

Wrapping things up on what will be a gorgeous night for baseball in Seattle, we have seven new publications joining The LexBlog Network this week with quite a few heavy-hitters rolling out new blogs. Have a great weekend everyone, I'm off to Opening Day. Go M's. With sports law experts Gregg Clifton and Jonathan Spitz serving as editors, Jackson Lewis launches their Collegiate & Professional Sports Law Blog. With labor disputes in both the NFL and NBA stewing, along with a wealth of controversy in the collegiate ranks, this blog will be an excellent one to watch…
Best in Law Blogs : The LexBlog Network : April 7, 2011

Colin O'Keefe

7 Apr 2011 | 4:29 pm

It's almost everyday now that Karen Koehler, the former President of the Washington State Association for Justice, is offering up valuable advice for fellow attorneys. Today she challenges lawyers to re-examine their thought process and consider looking at things more like a skeptical juror. Interesting stuff. Total posts on The LexBlog Network today: 154. Is the Voluntary Clean Up Program in Ohio Working? - Cleveland attorney Joe Koncelik of Frantz Ward in his Ohio Environmental Law Blog DOL to Revisit Rules for Delivering Summary Plan Descriptions and Other ERISA Documents - White Plains…
Best in Law Blogs : The LexBlog Network : April 6, 2011

Colin O'Keefe

6 Apr 2011 | 2:02 pm

Due to some extenuating circumstances, today's roundup comes a little bit earlier than normal. Thus far, we have 121 posts on The LexBlog Network today. As a highlight, Larry Bodine breaks down a conversation where three big-time general counsels describe how they go about choosing a lawyer and law firm. Also, Marc Alifanz at Stoel Rives has a great post on IRS guidance for health care reform. The GAO Report Nudges NIST and FERC on Cybersecurity - Philadelphia lawyer Edward Yim of Stevens & Lee on the firm's blog, Smart Grid Legal News Federal and State agencies…

Digital Media Law
Handel to be Featured Guest at Southwestern Law School

9 Apr 2011 | 2:45 pm

This Tuesday, April 12, I'll be the guest at Southwestern Law School's "A Conversation with" series and will be speaking on "The Past, Present and Future of Hollywood Unions." The program starts at 7:30 and lasts about an hour, followed by a reception. The event is free, open to the public, and offers one hour of CLE credit for attorneys. Reservations requested but not required: click here (and scroll down) for reservations, directions, parking info, etc. -------- Later in the month, on April 30, I'll be hosting a book…
WGA Ballots on the Way

5 Apr 2011 | 12:28 pm

The WGA deal reached last month is on its way to the membership for a ratification vote – ballots are in the mail. Details: The Hollywood Reporter. __________ Check out my new book “Hollywood on Strike!,” available on Amazon (also in a Kindle edition). Subscribe to my blog (jhandel.com) for more about entertainment law and digital media law. Check out my residuals chart there too. Go to the blog itself to subscribe via RSS or email. Or, follow me on Twitter, friend me on Facebook, or subscribe to my Forbes.com or Huffington Post articles. If you work in tech, take a look at my book How…
WGA Sends Studio Deal to Members

25 Mar 2011 | 1:49 pm

The ratification vote will take place in April, before the existing contract's May 1 expiration. Details: The Hollywood Reporter. On a separate note, I will be speaking at Southwestern Law School in Los Angeles on April 12 at 7:30 p.m. as part of the school's "A Conversation With" series. The subject is "The Past, Present and Future of Hollywood Unions." I'll also be discussing my new book “Hollywood on Strike!,” available on Amazon (also in a Kindle edition). Click for details and free reservation info. CLE credit is available for lawyers. __________ Check out my new book “Hollywood on…

Securities Docket
Securities Docket News Wire for 2011-04-10

Securities Docket

10 Apr 2011 | 6:00 am

Securities Docket News Wire for 2011-04-09 http://goo.gl/fb/gmfwf # Securities Docket News Wire for 2011-04-09 http://goo.gl/fb/HkcyJ #
Securities Docket News Wire for 2011-04-10

Securities Docket

10 Apr 2011 | 6:00 am

Securities Docket News Wire for 2011-04-09 http://goo.gl/fb/gmfwf # Securities Docket News Wire for 2011-04-09 http://goo.gl/fb/HkcyJ #
Securities Docket News Wire for April 9, 2011

Securities Docket

9 Apr 2011 | 6:00 am

Web Watch: Best of the Week Ending April 8 http://goo.gl/fb/HnuTb # Demand for Twitter hedge fund exceeds expectations http://goo.gl/fb/C5WKG # SEC charges FDA employee with insider trading: One-off or trend? http://goo.gl/fb/JAMma # Allen Stanford Investors’ Suit Against SEC Should Be Dismissed, U.S. Says http://goo.gl/fb/Rkfni # J&J Pays $70M To Settle SEC, Criminal Charges http://goo.gl/fb/MMLkx # Rajaratnam’s Expert Witness Jarrell Can Testify, Judge Says http://goo.gl/fb/UnoUx # What a Government Shutdown Means for Wall Street http://goo.gl/fb/OekpF # SEC chief: Agency learned…

theCPLRblog
Oh discovery, where art thou

David M. Gottlieb

7 Apr 2011 | 9:50 am

Witherspoon v Surat Realty Corp., 2011 NY Slip Op 02380 (App. Div., 2nd 2011) The Supreme Court properly denied that branch of the defendants' motion which was to strike the plaintiff's supplemental bill of particulars, including the particulars of the plaintiff's left shoulder surgery. Pursuant to CPLR 3043(b), a plaintiff may serve a supplemental bill of particulars containing "continuing special damages and disabilities" without leave of the court if it alleges "no new cause of action . . . or new injury." Where, as here, the plaintiff seeks to allege…
Disqualification, etc. 2106 too.

David M. Gottlieb

7 Apr 2011 | 9:42 am

Midwood Chayim Aruchim Dialysis Assoc., Inc. v Brooklyn Dialysis, LLC, 2011 NY Slip Op 02639 (App. Div., 2nd 2011) "The basis of a disqualification motion is an allegation of a breach of a fiduciary duty owed by an attorney to a current or former client" (Rowley v Waterfront Airways, 113 AD2d 926, 927; see Matter of Kelly, 23 NY2d 368, 375-376; Ogilvie v McDonald's Corp., 294 AD2d 550, 552). However, "[d]isqualification denies a party's right to representation by the attorney of its choice" (S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 NY2d…
Precatory

David M. Gottlieb

7 Apr 2011 | 9:13 am

Bank of Am., N.A. v Tornheim, LLC, 2011 NY Slip Op 02614 (App. Div., 2nd 2011) On May 20, 2009, President Obama signed into law the Helping Families Act (see Pub L 111-22, Div A 123 US Stat 1632). "The Helping Families Act led to a variety of new measures designed to reduce foreclosures, preserve home ownership, and fight the contraction of the real estate market" (Robinson v Wells Fargo Bank, N.A., 2010 WL 2534192 *5 [D Ariz 2010]). Contrary to the defendants' contention, the Helping Families Act did not create a moratorium on mortgage foreclosure actions. The "Sense of…
No authority to grant releif against a non-party

David M. Gottlieb

7 Apr 2011 | 9:02 am

Flangos v Flangos, 2011 NY Slip Op 02347 (App. Div., 2nd 2001) The Supreme Court lacked jurisdiction to impose obligations in the amended judgment upon the nonparty-appellant. "A court has no power to grant relief against an entity not named as a party and not properly summoned before the court" (Riverside Capital Advisors, Inc. v First Secured Capital Corp., 28 AD3d 457, 460). Accordingly, the Supreme Court should have granted that branch of the nonparty-appellant's motion which was to vacate so much of the amended judgment as directs it to make certain payments. Similarly,…
5015; 3012; and a Sur-Reply

David M. Gottlieb

7 Apr 2011 | 8:50 am

CPLR 3012 Service of pleadings and demand for complaint(d) Extension of time to appear or plead CPLR R. 5015 Relief from judgment or order Garal Wholesalers, Ltd. v Raven Brands, Inc., 2011 NY Slip Op 02349 (App. Div., 2nd 2011) A party seeking to vacate a default in appearing or answering and to serve a late answer must demonstrate a reasonable excuse for the default and a potentially meritorious defense to the action (see CPLR 5015[a][1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141; Heidari v First Advance Funding Corp., 55 AD3d 669; Levi v Levi, 46 AD3d 519; 599 Ralph…

HealthBlawg :: David Harlow's Health Care Law Blog
Accountable Care Organization (ACO) Regulations: First Look

David Harlow

8 Apr 2011 | 1:03 pm

ACO regulations and related federal issuances hit the street last Thursday, after several months of waiting -- from CMS, OIG, FTC, DOJ and IRS. They cover the waterfront, ranging from the central regulation defining the structure and workings of the ACO, to limited Stark self-referral ban and anti-kickback statute waivers in the fraud and abuse arena, to new frameworks for antitrust analysis, to rules governing joint ventures involving taxable and tax-exempt organizations. I had the opportunity to discuss the regs the day after they were issued on a special edition of the Blog Talk…
Accountable care organization proposed regulations released for public comment

David Harlow

1 Apr 2011 | 12:10 am

The long-awaited ACO regulations were released by CMS in draft form today, accompanied by a series of conference calls for different constituencies. Here is a mirrored copy: Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations - Proposed rule. CMS Administrator Don Berwick introduced the regulations as implementing a vision of spreading the benefits of integrated health care systems through coordinated care, common medical records, patient education and investments in prevention -- in patient-centered organizations where there is shared decisionmaking among…
9 No-Nonsense Rules to Ensure a HIPAA-Compliant Health Care Social Media Strategy

David Harlow

27 Mar 2011 | 12:55 pm

Health care social media continues to be a hot-button issue for hospitals and other provider types around the country. Health care provider organizations considering taking a first step into social media often articulate concerns about regulatory and legal barriers to the use of social media in health care. As regular readers of HealthBlawg know, I believe that an ounce of prevention is worth a pound of cure -- in the health care social media arena as elsewhere. Careful planning up front will help you avoid the potential liabilities and pitfalls you may otherwise face in implementing a…
Social media in health care: David Harlow quoted in recent articles

David Harlow

23 Mar 2011 | 1:02 pm

Recent health care social media articles in the American Academy of Physician Assistants magazine, PA Professional (Social Media for Health Professionals - Avoiding the Pitfalls) and in SELF magazine (The Health Dangers of Facebook Posts) feature my advice to health care providers and the general public on the careful use of social media in the health care context. In addition, it is important to note that social media does not exist in a siloed environment. As I said to the PA Professional reporter, "In this day and age, you can't be patient-centered and promote patient engagement…
Who owns patient data? (The Walgreens edition)

David Harlow

21 Mar 2011 | 7:20 pm

Walgreens is being sued by customers who are not happy that their prescription information – even though it has been de-identified – is being sold by Walgreens to data-mining companies. The data privacy and security concerns surrounding the transfer of de-identified data are significant. To “de-identify” what is otherwise protected health information under HIPAA, some outfits will simply strip data of 18 types of identifiers listed in federal regulations. However, the relevant regulation (45 CFR 164.514(b)(2)(ii)) also provides that this only works if “the covered entity does…

The Trial Technologist's View
The Perfect Low Cost Courtroom Document Camera (Elmo)

admin

30 Mar 2011 | 11:17 am

Two years ago we purchased a couple of these AVerMedia document cameras. We needed a very portable doc cam since we move in out and out courtrooms so often. They’ve been real troopers and have help present that evidence that wasn’t scanned in, or the attorney just wants to publish the exhibit in a different manner than Sanction/Trial Director. There aren’t many options; zoom in/out, auto focus, input selection and on/off, so we’re able to train attorneys how to use it in 30 seconds. The only con we’ve found is there is no arm light, but this typically…
A Funny Animation Video of a Lawyer vs. Insurance Adjuster

admin

8 Mar 2011 | 2:28 pm

We incorporated this youtube video into a PowerPoint presentations used at TTLA’s “Destination” CLE event in Las Vegas. Figured some of the readers here might enjoy a chuckle or two (after relating it to their own practice)!
eDiscovery and the Walmart Class Action Suit

RRouhana

2 Mar 2011 | 7:04 am

Guest post by: Rudy Rouhana, Daegis In April the U.S. Supreme Court will hear oral arguments in the biggest class action employment discrimination case in U.S. history. The court will not hear the arguments of the case. Instead it will consider whether the Ninth Circuit Court of Appeals was right in allowing it to move forward as a class action. The suit (Wal-Mart Stores v. Dukes, No. 10-277) was brought by between 500,000 and 1.5 million former and current female Walmart employees who allege that the company has denied them equal pay and promotion opportunities. For its part,…
Commercial Trucking Accident Mediation Presentation

Blake Boyd

23 Feb 2011 | 9:38 am

Here’s a keynote presentation we put together for a mediation in west Texas involving an 18 wheeler driver that fell asleep and hit oncoming traffic. This PowerPoint was used in mediation to help the plaintiff’s attorney explain his stance on the case to the mediator and insurance adjuster. *Note: The family names, pictures and demands have been edited.
Take Your Trial Tech on the Road – We’re Worth It.

Blake Boyd

18 Feb 2011 | 5:35 am

Sunday 2/3/11; I missed 2 calls on my cell phone. I was already asleep and didn’t hear the phone ringing at 1:30am cst. I always check my phone when I wake up and noticed the missed calls.. And a frantic voice mail from an attorney hoping we could make it out to New Mexico that day. The “in-house” technology person from the local firm was trying to figure out how to run Sanction the night before trial and our client, who has used us on multiple occasions, could see that they needed help. They know trial technology is an important aspect of your case, even more…

ipandentertainmentlaw.wordpress.com
Part 2: BMG Rights Management Music Publishing Acquisitions

ipandentertainmentlaw

23 Mar 2011 | 9:29 am

BMG Rights Management, formed in 2008 and jointly owned by Bertelsmann AG and Kohlberg Kravis Roberts & Co., spent 2010 acquiring one high-profile music publishing catalog after another. With the help of my legal intern, Abby Kweller, I am putting together a multi-part post summarizing the various acquisitions in 2010. You can read Part 1 here. Selfmade Records (August 2010) The first of BMG’s two August acquisitions was Selfmade Records, a successful German hip-hop label with releases ranking in the Top 30 and Top 20 on German charts. Selfmade’s catalog held rights to 172…
Music Business Panel at Denton — 35 Conferette

ipandentertainmentlaw

8 Mar 2011 | 6:37 pm

Updated: March 14, 2011: The Dallas Observer Blog has an interesting article on the “Music Business Legal Checklist” panel that was presented as part of the 2011 35 Conferette. Click here for a summary of the topics discussed and resources you can review online. _______________________________________________ Dallas and Fort Worth music lawyers team up for a “basics” music business legal issues panel on March 10, 2011 at Denton Banter as part of the Day Events for the 35 Conferette music conference. Music Business Legal Check List: Five Things You Better Think About…
Deals and Trends at MIDEM 2011

ipandentertainmentlaw

8 Mar 2011 | 6:23 pm

MIDEM 2011 wrapped in January, but the deals that were signed and forecasts given will have a long-term impact on the music publishing business. Thank you to my legal intern Abby Kweller for assisting with research on this project. Partial Listing of Deals: The Harry Fox Agency (HFA) announced the renewal of a licensing agreement with DMI Music & Media Networks. HFA has partnered with Ricall to develop a synchronization licensing/clearance service. HFA has issued sync licenses in the past, but stepped away from that side of the music licensing business several years ago. Hypebot has…
Entertainment Law Update Podcast: Beauty Pageants and Super Bowls

ipandentertainmentlaw

8 Mar 2011 | 5:37 pm

Film attorney Gordon P. Firemark and music lawyer Tamera H. Bennett have put Episode 18 of the Entertainment Law Update “in the can.” Catch up on Sheppard Fairey, Jimi Hendrix, and Hurt Locker litigation matters. New hot topics include litigation over the “Super Bowl” temporary seating, a Texas beauty queen dethroned, and Lady Gaga vs. Madonna.
BMG Rights Management Music Publishing Catalog Acquistions

ipandentertainmentlaw

8 Mar 2011 | 5:26 pm

BMG Rights Management, formed in 2008 and jointly owned by Bertelsmann AG and Kohlberg Kravis Roberts & Co., spent 2010 acquiring one high-profile music publishing catalog after another. Since its founding, BMG Rights has inked more than 400 publishing deals, with at least 10 news-worth acquisitions in 2010 and two already in 2011. Some of the acquired catalogs were owned and operated as large corporate conglomerates. But, for some songwriters there may be an adjustment from the small indie publisher “personal relationship” to working with a multi-billion…

Trade Secrets Blog
Small Defendant Prevails at Trial in Trade Secrets Case Brought By Aerotek

5 Apr 2011 | 7:32 am

We first reported about this case here: http://wombletradesecrets.blogspot.com/2008/01/staffing-firm-aerotek-sues-former.html.Well, defense attorneys at Sacramento's Porter Scott law firm are reporting a "no cause" verdict from the jury in a complete victory for the defendants in this employee defection litigation that raised trade secret misappropriation issues. Apparently this case has been tried twice and Aerotek, a large staffing company owned by the owner of the Baltimore Ravens, has filed a notice of appeal. That said, we decided to run this write-up because trade secrets cases do not…
Wilmington Trust Sues Defecting Executives Hired By Citi Private Bank

4 Apr 2011 | 7:07 am

The Wall Street Journal is reporting that Wilmington Trust Corp. filed a lawsuit Friday against three former vice presidents who defected to a rival firm in advance of Wilmington Trust's acquisition by M&T Bank Corp. In a complaint filed in Delaware Chancery Court, Wilmington Trust alleges that the three former executives conspired to misappropriate confidential business information that could be used by their new employer, Citi Private Bank. The complaint also alleges that the former executives recruited former colleagues in Wilmington Trust's Wealth Advisory Services group to leave the…
Senator Kohl Wants to Beef Up Criminal Penalties for Trade Secret Theft

31 Mar 2011 | 6:25 am

The Milwaukee Business Journal is reporting that U.S. Sen. Herb Kohl is sponsoring a federal bill to increase penalties for stealing company trade secrets or other proprietary information. The bill would increase the maximum sentence for stealing trade secrets from 15 years to 20 years. The bill also orders the federal Sentencing Commission to consider increasing penalties for economic espionage.Kohl’s bill, dubbed the Economic Espionage Penalty Enhancement Act, builds off of earlier recommendations made by federal agencies, including the departments of Commerce, Homeland Security, Justice…
McAfee Report: Hackers Are Targeting Corporate Trade Secrets Now

29 Mar 2011 | 6:09 am

The San Francisco Chronicle is reporting that a new study says thieves have shifted their focus to corporate data such as trade secrets and marketing plans, making it the "new currency" of the underworld economy.The report, based on a global survey of more than 1,000 senior IT workers, follows recent headlines of hacker attacks on Nasdaq OMX Group, RSA Security and energy companies. When it comes to these targeted attacks, many companies have taken the approach that "it won't happen to us, and if it does, we'll just pay for it then," said Simon Hunt, a vice president and chief technology…
Cornell Tells Publishers: We're Not Signing Any More Nondisclosure Agreements

24 Mar 2011 | 6:21 am

LibraryJournal.com is reporting that Cornell University in Ithaca, New York has announced it will no longer sign contracts with publishers that contain nondisclosure agreements inhibiting Cornell's ability to communicate with others about the price and licensing terms applicable to content such as journal subscriptions and databases. You can click here to read the Cornell press release: http://news.library.cornell.edu/news/110323/nondisclosure. “Libraries should be able to talk to each other about the details of these contracts. It’s as simple as that,” said Anne R. Kenney, Carl A.

Furniture Law Blog
Simmons Strikes First Against L&G Patent

5 Apr 2011 | 7:01 am

On March 30, 2011, Simmons Bedding Co. and The Simmons Manufacturing Co., LLC (collectively "Simmons") brought a declaratory judgment action against Leggett & Platt, Inc. and L&P Property Management Co. (collectively "L&G") seeking a declaration that Simmons does not infringe L&G's patent, U.S. Patent No. 5,868,383 ("the '383 patent") titled "Multiple Rate Coil Spring Assembly."In its complaint, Simmons alleges that L&G has threatened suit over the '383 for Simmons' sale of products incorporating a spring marketed as the SMART RESPONSE coil. Claim 1 of the '383…
"Slogan Infringement" Covered, Product Name Not Slogan

4 Apr 2011 | 8:29 am

Following up on a topic of insurance coverage for trademark infringement claims (recently covered on this blog), the U.S. District Court for the Western District of Missouri recently denied Hostess Bakeries' request for summary judgment in which the bakery sought a declaration that its insurer, Onebeacon, must provide coverage in a trademark infringement suit brought by Flowers Bakeries Brands, Inc. In the infringement suit, which is still pending, Flowers alleges Hostess infringes Flowers' "Nature's Own" mark by using "Nature's Pride" and "Nature's Choice" on bread. Interestingly, the…
Real Property Hot Topic At Market

2 Apr 2011 | 1:13 pm

While this blog is dedicated to intellectual property issues related to furniture, one of the hot topics in High Point this market is real property. The maneuvering to control major showroom buildings in High Point is apparently not over, with only the Merchandise Mart finding a definite buyer as of April 1 (no joke). Here is a round-up of recent news items related to the real estate activity and general market news:High Point MMPI properties sold for $139.5 million (Furniture Today)High Point places tax liens on seven showroom properties (Furniture…
A King Sized Battle Between Mattress Manufacturers

24 Mar 2011 | 3:29 am

On March 17, 2010, Mebane, North Carolina based Kingsdown, Inc. filed suit against King Koil Licensing Company, Inc. accusing King Koil of patent infringement, federal trademark infringement and unfair competition, and common law trademark and unfair competition. All claims relate to Kingsdown's "BEDMATCH" bedding diagnostic system.The dispute arose after two Kingsdown employees left to join King Koil. Kingsdown accuses King Koil of using the competitive knowledge of the two employees to create a bedding diagnostic system that infringes Kingsdown's patent, U.S. Patent No. 6,585,328…
4th Circuit Limits Insurer's Duty In Furniture Trademark Case

1 Mar 2011 | 12:11 pm

The United States Court of Appeals for the Fourth Circuit affirmed a district court decision holding that Hartford Casualty Insurance Co. had no duty to defend furniture-maker representative Marvin J. Perry against Perry & Wilson's claims of trademark infringement. The case is Perry Inc. v. Hartford Casualty Insurance Co. (Case No. 09-1639).The dispute arose after Marvin J. Perry ("MJP") sold the tradename "Marvin J. Perry & Associates" to Perry & Wilson ("P&W") and MJP began using the name again, allegedly in violation of a 1993 agreement between the companies. …

Personal Injury and Social Security Disability
Friday Fun

Bob Kraft

8 Apr 2011 | 3:27 am

This is a cute story about a young lady who quit her job by sending photos to everyone in the office. After you look at all the photos and admire her spunk, be sure to read the rest of the story.
CMS Releases Disturbing Data on Hospital-Acquired Conditions

Bob Kraft

8 Apr 2011 | 2:40 am

CQ HealthBeat reports, "Federal officials announced Wednesday the release of data allowing consumers to learn how often patients in local hospitals acquire infections, develop bed sores or are harmed by gas or air bubbles entering blood vessels." Notably, information "on these and other 'hospital-acquired conditions' will guide consumers in picking hospitals and prod facilities themselves to make improvements, officials said." CMS Administrator Donald M. Berwick stated, "Any potentially preventable complication of care is unacceptable." He added that…
Pros and Cons of Settling Out of Court

Bob Kraft

7 Apr 2011 | 3:05 am

This guest post is contributed by Chris Jacobson who writes on the topic of Criminal Justice Degree Online . Chris can be reached at his e-mail id: chris.jacobson7-AT-gmail-Dot-com No one really wants to go to court and go through the long and often messy process that is a trial, but when it comes to claiming what’s rightfully yours, it’s not good to give up without a fight. And that’s where your personal injury lawyer comes into the picture and helps you deal with not just your monetary compensation, but also the emotional fallout as well. By helping you understand your case better…
Fewer U.S. Highway Deaths in 2010 Than Any Year Since 1949

Bob Kraft

6 Apr 2011 | 3:27 am

I started practicing personal injury law in 1971, and have represented many thousands of people who were injured in car wrecks. Progress in auto accident safety in these past 40 years has been slow but steady, and from my perspective the difference in degree of injuries in a typical automobile collision today is dramatically different than when I started practicing. In the old days we saw many people who were badly injured or disfigured by being thrown into the windshield in a collision, or being tossed into sharp objects on the dashboard, such as radio dials. Now, with seat belts, shoulder…
Identity Theft

Bob Kraft

5 Apr 2011 | 3:27 am

Identity theft is not new, but has become much more common in recent years. It occurs when another person begins wrongfully using your name to obtain credit and incur expenses that will be charged to you. Besides the potential monetary losses, the time and labor involved in correcting records after an identity theft is discovered can be enormous. Here are some tips to make it harder for another person to steal your identity. Your Social Security number is often the key to identity theft. Never carry your Social Security number in your wallet or checkbook. Don’t even think about having it…

Marquette University Law School Faculty Blog
Israel Reflections–Use of Force & Civilian Targets

Andrea K. Schneider

9 Apr 2011 | 6:10 am

In light of the events in Israel earlier this week – Hamas launched a missile attack on an Israeli schoolbus and the Israelis responded with missile attacks into Gaza – one of the speakers from our trip to Israel is particularly on point today. How do you determine an “appropriate” response to the Hamas attack? Here are one student’s reflections on our meeting with Roni Lev, the military attorney for the Northern Command of the Israel Defense Forces: For me, Roni Lev was one of the most interesting speakers we had during the trip. She presented on the operational legal…
Another Law Gone Wrong

J. Gordon Hylton

8 Apr 2011 | 6:15 am

I’m not sure if this meets the precise definition of a “law gone wrong,” but in my home state of Virginia it is illegal “to hunt or kill any wild bird or wild animal, including any nuisance species, with a gun, firearm or other weapon on Sunday, which is hereby declared a rest day for all species of wild bird and wild animal life.” Although I was born into a family of church-going hunters, I was always more sympathetic to the church part than to the hunting part. Consequently, I have no problem whatsoever with Sunday, or any other day for that matter, being declared a day of rest…
Nathan Fishbach Honored—and the Law School, Too

Joseph D. Kearney

7 Apr 2011 | 11:47 am

Nathan Fishbach, shareholder at Whyte Hirschboeck Dudek, received the Eastern District of Wisconsin Bar Association’s Judge Myron L. Gordon Lifetime Achievement Award today. That itself might be worth recording in these annals (cf. Prof. Jessica Slavin’s blog post from two years ago concerning awards by the EDWBA to Michael O’Hear and Tom Shriner). For Nathan has been a member of our Advisory Board and otherwise a great friend of the Law School. But permit me to note that the Law School was allowed to share in the honor in an important (and lasting) sense. For Nathan’s firm, Whyte…
Jenkins Competitors Win Finals

Melissa L. Greipp

6 Apr 2011 | 8:47 pm

Please congratulate the winners of the 2011 Jenkins Honors Moot Court Competition: Susan Barranco and Kyle Mayo. Congratulations also go to finalists Matthew Hall and Nicholas Zepnick. Sue and Kyle received the Franz C. Eschweiler Prize for Best Brief. Sue received the Ramon A. Klitzke Prize for Best Oral Advocate. Special thanks to the judges of the final round: the Honorable Carolyn Dineen King, the Honorable Barbara Crabb, and the Honorable Patricia Gorence. We are also very grateful for the assistance of the semifinal round judges: the Honorable Lisa Neubauer, the Honorable Paul…
Say It Ain’t So

Judith G. McMullen

6 Apr 2011 | 11:00 am

We like to think that child abusers and child killers are monsters who are easily identifiable and, even more importantly, different from the rest of us “normal” people. A recent news story in the Milwaukee Journal-Sentinel reminds us that the reality is more complicated. The alleged crime is sadly familiar: a young man was arrested in connection with the death of his girlfriend’s two-year-old son, Karmari J. Curtis, whom the suspect was babysitting. The boyfriend brought the toddler’s body to the emergency room and claimed that the child had drowned accidentally while in the…

Dozier Internet Law, PC
Internet Lawyer Summit in Vegas

Dozier Internet Law

2 Apr 2011 | 7:49 am

Internet Lawyer Summit Dozier Internet Law is organizing the first Cyberlawyer Summit to be held May 11 and 12 at Mandalay Bay in Las Vegas. Eighteen of the leading Internet lawyers from across the country have been invited to this small, exclusive meeting focused on client development, synergistic opportunities and business operations. Many of the leading Internet law firms in the country are confirmed participants. If your law firm is dedicated predominantly to cyberlaw, preferably with a litigation or dispute resolution slant, and you are interested in participating, then drop an email to…
National Cyberlaw Bar Association Forming

Dozier Internet Law

8 Jun 2010 | 10:20 am

Finally, a professional group for true Internet lawyers. An organizational meeting of the Cyberlaw Bar Association is being held July 31 through Augst 1 at Mandalay Bay in Las Vegas. Here is the website for the bar association and conference: www.cyberlawbarassociation.com. If you are an Internet lawyer, you need to be there.
Dozier Internet Law at AdTech San Fran

Dozier Internet Law

16 Apr 2010 | 6:03 am

John W Dozier Jr, Esq., Founder of Dozier Internet Law, will be book signing at AdTech San Francisco this Tuesday from 10am to noon in the exhibit hall. Drop by and say hello if you are in town. The Dozier Internet Law Federal Court Report reaches thousands of subscribers each month. We pick the best Internet lawsuits filed each month and explain what it means to your online business. And best of all....it's free. Just go to the Dozier Internet Law homepage and follow the directions for signing up. It's getting rave reviews. After all, where else can you find...
John W Dozier Jr on WebMaster Radio Tomorrow

Dozier Internet Law

16 Mar 2010 | 6:29 pm

Join John W Dozier Jr at 5:20 PM Eastern on WebMaster Radio . John will be discussing, and taking calls about, the Google Bomb book and commercial email. Interested in compliance issues and the latest and greatest email issues? This chat may be for you.
Both Sides of Section 230 Immunity

Dozier Internet Law

14 Mar 2010 | 5:37 pm

Dozier Internet Law is a private law firm, not a public interest group. So we get to argue both sides of issues since we represent clients-not causes. In Federal Court in New York we are arguing that our client deserves Section 230 immunity from liability for third party content. And at the same time, in Federal Court in Florida we are arguing that the Defendant is not entitled to Section 230 immunity for liability arising from third party content. It is critically important to have a balanced perspective on legal matters, and the process of framing legal arguments starts with...

New York Personal Injury Law
Lawyers and Advertising (The New Frontier)

Eric Turkewitz

5 Apr 2011 | 7:25 am

I broach the subject of lawyer advertising every so often, because there seems to be so many different things to write on the subject. It covers constitutional law, ethics and plain old good (bad) taste. Ethics and constitutional issues butted heads in recent years over New York’s new attorney advertising rules, which went up to the Second Circuit in Alexander v. Cahill, about which I’ve written often as it tracked its way through the judicial system. Ethics also comes into play with deception, as evidenced by one Joseph Rakofsky, a New York lawyer with scant experience, but…
April Fool’s Day Deconstruction (A 23-Blog Conspiracy)

Eric Turkewitz

2 Apr 2011 | 4:23 am

Is it April 2nd already? It shouldn’t be legal. To have so much fun. OK, so today is April 2nd and that means a deconstruction of the April Fool’s Day hoax on this blog, and as it happens, the blogs of 22 others. I had one big problem in doing an April Fool’s joke, of course, that I discussed in the set-up for the posting: If people are looking at this site to see what stunt I will pull, based on my past April Fool’s Day conduct, how will I hoodwink anyone? Doesn’t a prank work best when it’s unexpected? Answer: Divert the readers to let the hoax play out…
NYT Gets Punked Again on April Fool’s Day (But not by me)

Eric Turkewitz

1 Apr 2011 | 4:00 am

Oy. Again Gray Lady? It didn’t seem to take that long, though I guess that’s old media for you. The Times got suckered again on April Fool’s Day. And it was just before bed last night that I wrote: But, fear not, someplace out there on the web there are hoaxsters and pranksters of all stripes, and someplace, somewhere some folks will get gotten either because they weren’t wary, or if the gag is good enough, despite it. Despite being punked twice last year by April Fool’s gags, and despite even doing that editorial mea culpa on the subject, the New York Times…
April Fool’s Day is Here (Sorry, No Joke Today)

Eric Turkewitz

31 Mar 2011 | 9:02 pm

I’ve got a small problem this April Fool’s Day. Each of the last three years I’ve run a gag. I started with a decent one about the Supreme Court and fantasy baseball that nabbed a bunch of people who didn’t see it coming here, and followed up a year later with a lame one about selling this blog on eBay. But last year, when the gag snagged the New York Times with that bit about me being appointed White House law blogger, I also learned something else; readers were actually checking in that morning to see what kind of stunt I would pull. How early did they check in?
Drug Thefts Go Big

Eric Turkewitz

31 Mar 2011 | 7:22 am

Over the years, I’ve written a number of postings about how pharmaceuticals are distributed in the United States, based on my interest after handling a counterfeit drug case from 2002. That case, involving 16-year-old liver transplant patient Timothy Fagan from Long Island who was injected with counterfeit Epogen, resulted in significant changes in the way pharmaceuticals are bought and sold in this country by multibillion dollar businesses, and supposed safeguards on who can buy and sell. (You can read more on it at the counterfeit drugs resource page at my web site, which I…

SECLaw.com - The Securities Law Blog
Now Scientists Are Trading on Inside Information?

1 Apr 2011 | 7:05 am

The law of insider trading is still evolving, and has been since I started practicing law 30 years ago. Back in the 1980's I was part of the team that defended an SEC civil case against an employee of a financial printer who was accused of trading on inside information that he obtained because of his position as a proofreader. After a three week trial, an appeal to the Second Circuit, and a denial of a petition for a writ of cert was denied, the misappropriation theory of insider trading was born.There have been hundreds of cases since then, involving cab drivers, truck drivers, loading dock…
Finally! - Why Excerise Won't Make You Thin

29 Mar 2011 | 5:14 am

I have been on a health kick since December, in yet another attempt to lose weight. With 20 pounds down, people often ask how much I am excerising. The answer - not much. Practicing law in a small firm does not leave much time for excerise. Sure, I could probably find the time, but my thought has always been, why bother?I understand the benefits of walking, and I do not doubt those benefits. And I do walk and play golf, but going to the gym and working my butt off for an hour to lose weight? It never made much sense to me. For me, its pretty simple. To lose weight you need to burn more…
SEC Charges Four In Boiler Room Operation

25 Mar 2011 | 4:30 am

We haven't heard the term "boiler room" in years, but the SEC dusted off the term this week when it announced that it had filed a complaint alleging that a group in Los Angeles were operating a boiler room that defrauded investors who they persuaded to buy purportedly profitable trading systems.The SEC alleges that representatives of Spyglass Equity Systems Inc. cold-called investors and made false and misleading statements to help raise more than $2.15 million from nearly 200 investors nationwide for two related investment companies – Flatiron Capital Partners LLC (FCP) and Flatiron…
Insider Trading Lessons For Executives

18 Mar 2011 | 6:20 am

I am constantly amazed at the amount of insider trading cases brought by the Commission. While the SEC often goes overboard in their cases, and sues individuals who did nothing wrong, (see, Mark Cuban), the simple fact is there are far too many occasions where an individual, and in particular a corporate executive, is charged with insider trading.I suppose that there is the thought that the trader will not get caught, and the allure of big profits is simply too much to ignore. However, in this day and age, it is extremely easy to track down insider trading. The Commission has extensive…
SEC Charges Hedge Fund Managers with Fraud

18 Mar 2011 | 5:30 am

The SEC has charged a hedge fund investment advisory firm and its two founders with orchestrating a multi-faceted scheme to defraud clients and failing to comply with fiduciary obligations.The SEC alleges that the founders misappropriated client assets, inflated assets under management, and filed false information with the SEC and that they looted approximately $1.8 million of assets from a hedge fund they manage. The Commission alleges that they issued promissory notes to conceal a substantial portion of their misappropriation, and misrepresented the amount of capital that some of the…

Human Rights in the Workplace
Human rights policy filing timelines: if you got ‘em, follow ‘em

Donna Seale

3 Apr 2011 | 11:00 pm

Tick…tock…tick…tock. Time. Sometimes it can work for us, other times it operates against us. And, that’s no less an issue for employers. Recently, I’ve been encountering a fair number of situations involving employers who have implemented human-rights related policies in their workplaces, set out complaint filing time lines in those policies (more on this in a minute), but aren’t actually following those time lines. When I have asked why, the usual answer is that no consideration was even given to filing time lines when the complaint was received. …
Twitter Talk – March 23, 2011

Donna Seale

22 Mar 2011 | 11:00 pm

Here’s my breakdown of the human rights-related tweet-worthy news items and blog posts on Twitter over the past few weeks: ‘Uglies’ need not apply: Restaurant hiring discrimination exposed Saskatchewan Bill 160, abolishing the Sask Human Rights Comm. is “regressive” Medical residents file human rights complaint against University of Ottawa Do Black Canadians Deserve 2 Earn 10-15% Less Than White Canadians? Invitation to harass? Nippissing University Violates Human Rights code in Response to Harassment of Professor Woman obtains religious exemption from joining…
Disability publication meant for lawyers has broader application

Donna Seale

22 Mar 2011 | 12:45 pm

I just finished reading a fabulous publication by ARCH Disability Law Centre entitled “Providing Legal Services to People with Disabilities.” ARCH is a non-profit community legal clinic based in Ontario which defends and promotes the equality rights of persons with disabilities through litigation, law and policy reform and legal education. I’d urge you to check out their website as it contains some useful information. Their recent publication is designed to help lawyers understand how best to serve clients who also happen to have disabilities. So for my colleagues in…
New course: Accommodation in the Workplace – Law Society of Manitoba

Donna Seale

14 Feb 2011 | 1:14 pm

I just wanted to announce that I will, once again, be privileged to present at the Accommodation in the Workplace seminar at the Law Society of Manitoba on Tuesday, May 17 from 1pm to 4pm. We’re going to be discussing some issues that never grow old and others that are new and emerging. Here are the details: ACCOMMODATION IN THE WORKPLACE MAY 17, 2011 1:00 P.M. – 4:00 P.M. LAW SOCIETY CLASSROOM, 219 KENNEDY STREET, WINNIPEG Jointly presented by The Law Society of Manitoba’s Equity Ombudsperson and the Manitoba Bar Association, Constitutional/Human Rights Section Accommodation…
Harassment in the hot tub: even bizarre cases require a measured response

Donna Seale

14 Feb 2011 | 12:18 pm

When I teach about human rights in the workplace, I like to use extreme case examples once in a while to illustrate a point I’m trying to make. By ‘extreme case’ I mean legal decisions that result in the managers and supervisors I’m training shaking their heads disapprovingly while I recite the facts and, after I’m done, a chorus of voices shouts “how could the employer get THAT one wrong?” I find that, sometimes, it is in reference to the most odd or unbelievable factual circumstances that clarity is reached on the core legal principles…

Alabama Product Injury Lawyer Blog
American Academy of Pediatrics and National Highway Traffic Safety Administration Issue New Child Car Seat Guidelines

Craig P. Niedenthal

24 Mar 2011 | 9:46 am

This week, the American Academy of Pediatrics, with the blessing of the National Highway Traffic Safety Administration (NHTSA), the governmental entity overseeing car safety, amended child safety seat usage and recommended that you keep children in a rear-facing car seat until 2 years old. This is based on research that children are better protected in accidents in a rear facing child seat. If your child grows out of their rear facing child seat before they reach the age of 2, it is recommended you buy a convertible seat that will allow you to keep them rear facing until 2 years old, and then…
Another Johnson & Johnson Recall----When Will It End???

Craig P. Niedenthal

17 Jan 2011 | 10:18 am

Late last Friday, Johnson & Johnson's McNeil Consumer Healthcare unit issued a voluntary recall of certain lots of Tylenol (8 Hour, Arthritis Pain & Upper Respiratory Products), Benadryl, Sudafed PE and Sinutab distributed in the United States. The lots in question were manufactured at a plant in Fort Washington, PA before April 2010 when McNeil suspended production at this facility. Production was stopped because equipment cleaning procedures were insufficient or not adequately documented. A recall is also being issued for certain lots of Rolaids Multi-Symptom Berry Tablets because it was…
2 Million Cribs Are Recalled Due to Concerns of Entrapment and Suffocation

Craig P. Niedenthal

25 Jun 2010 | 10:35 am

The Consumer Product Safety Commission (CPSC) announced that 7 crib manufacturers have voluntarily agreed to the recall of more than 2 million cribs whose drop sides create hazard concerns of entrapment, suffocation and falls. The recall involves cribs manufactured between 2000 and 2009 and include the following manufacturers: Child Craft (out of business), Delta Enterprise, Evenflo, Jardine Enterprises, LaJobi, Million Dollar Baby and Simmons Juvenile Products. The companies will be providing free repair kits to all owners to keep the drop side from moving. As Consumer Reports indicated "the…
Consumer Reports Addresses Recall of Lexus GX and Value of Electronic Stability Control in Cars

Craig P. Niedenthal

21 Apr 2010 | 10:01 am

Toyota has seen its share of problems as of recent. Unintended acceleration, severe fines, recalls, and now the recall of the brand new 2010 Lexus GX 460 as a result some testing performed by Consumer Reports which resulted in it indicating it was a "Don't Buy: Safety Risk." This recall involves almost 10,000 brand new vehicles. Consumer Reports notified Toyota that during its testing of the vehicle in its standard emergency-handling tests, the rear of the vehicle slid out to the point it was almost sideways before the Electronic Stability Control (ESC) system kicked in to try and bring the…
Chinese Drywall Update: Consumer Products Safety Commission Says Gut the Homes & Federal Judge Awards Families $2.6 Million

Craig P. Niedenthal

8 Apr 2010 | 12:05 pm

Some good news this week for those living in anguish with their homes constructed out of Chinese Drywall. First, both HUD (Department of Housing and Urban Development) and CPSC (Consumer Product Safety Commission) issued guidance regarding the method owners of these homes should undertake to rid themselves of the hazards of Chinese Drywall. The corrosion that is occurring to appliances and electrical outlets in these homes is being caused by hydrogen sulfide in the drywall. The hydrogen sulfide emitted from the Chinese Drywall is 100 times greater than drywall made elsewhere. The CPSC is…

Marquette University Law School Faculty Blog
Israel Reflections–Use of Force & Civilian Targets

Andrea K. Schneider

9 Apr 2011 | 6:10 am

In light of the events in Israel earlier this week – Hamas launched a missile attack on an Israeli schoolbus and the Israelis responded with missile attacks into Gaza – one of the speakers from our trip to Israel is particularly on point today. How do you determine an “appropriate” response to the Hamas attack? Here are one student’s reflections on our meeting with Roni Lev, the military attorney for the Northern Command of the Israel Defense Forces: For me, Roni Lev was one of the most interesting speakers we had during the trip. She presented on the operational legal…
Another Law Gone Wrong

J. Gordon Hylton

8 Apr 2011 | 6:15 am

I’m not sure if this meets the precise definition of a “law gone wrong,” but in my home state of Virginia it is illegal “to hunt or kill any wild bird or wild animal, including any nuisance species, with a gun, firearm or other weapon on Sunday, which is hereby declared a rest day for all species of wild bird and wild animal life.” Although I was born into a family of church-going hunters, I was always more sympathetic to the church part than to the hunting part. Consequently, I have no problem whatsoever with Sunday, or any other day for that matter, being declared a day of rest…
Nathan Fishbach Honored—and the Law School, Too

Joseph D. Kearney

7 Apr 2011 | 11:47 am

Nathan Fishbach, shareholder at Whyte Hirschboeck Dudek, received the Eastern District of Wisconsin Bar Association’s Judge Myron L. Gordon Lifetime Achievement Award today. That itself might be worth recording in these annals (cf. Prof. Jessica Slavin’s blog post from two years ago concerning awards by the EDWBA to Michael O’Hear and Tom Shriner). For Nathan has been a member of our Advisory Board and otherwise a great friend of the Law School. But permit me to note that the Law School was allowed to share in the honor in an important (and lasting) sense. For Nathan’s firm, Whyte…
Jenkins Competitors Win Finals

Melissa L. Greipp

6 Apr 2011 | 8:47 pm

Please congratulate the winners of the 2011 Jenkins Honors Moot Court Competition: Susan Barranco and Kyle Mayo. Congratulations also go to finalists Matthew Hall and Nicholas Zepnick. Sue and Kyle received the Franz C. Eschweiler Prize for Best Brief. Sue received the Ramon A. Klitzke Prize for Best Oral Advocate. Special thanks to the judges of the final round: the Honorable Carolyn Dineen King, the Honorable Barbara Crabb, and the Honorable Patricia Gorence. We are also very grateful for the assistance of the semifinal round judges: the Honorable Lisa Neubauer, the Honorable Paul…
Say It Ain’t So

Judith G. McMullen

6 Apr 2011 | 11:00 am

We like to think that child abusers and child killers are monsters who are easily identifiable and, even more importantly, different from the rest of us “normal” people. A recent news story in the Milwaukee Journal-Sentinel reminds us that the reality is more complicated. The alleged crime is sadly familiar: a young man was arrested in connection with the death of his girlfriend’s two-year-old son, Karmari J. Curtis, whom the suspect was babysitting. The boyfriend brought the toddler’s body to the emergency room and claimed that the child had drowned accidentally while in the…

Green Building Law Update
Caught in the Middle: Tax Implications of an Adverse Green Bonds Ruling

Chris Cheatham

7 Apr 2011 | 7:03 am

The following post is written by Kirk Dryer, a law student at the University of Missouri. Kirk is also the first Green Building Law Update intern. His assistance researching the Destiny USA matter was priceless. Below, Kirk explains the tax implications of an adverse ruling in the Destiny USA dispute. If you want to read more on the Destiny USA dispute, please read my short e-book on the subject. While Destiny USA stands to lose $122 million in financing costs if the IRS strips the project of it’s green bond tax exemption, an adverse ruling will…
Can You Guarantee LEED Certification?

Chris Cheatham

31 Mar 2011 | 5:00 am

Do you remember Energy Ace? You may recall a series of posts I wrote about the company and it's LEED guarantee. Today we are checking in with Energy Ace founder Wayne Robertson to get the low down on the LEED guarantee. Chris: Please tell me about your "Green Guaranteed" program. Wayne: Energy Ace created its “Green GuaranteedTM“ promise to express Energy Ace’s commitment to the LEED success of its clients’ projects and to provide our clients with a measure of confidence that their project will reach its LEED…
First LEED Platinum Building "At Risk of Collapse"?

Chris Cheatham

21 Mar 2011 | 12:40 pm

I have one last green building legal development to tell you about before I take my hiatus. When people ask me about green building disputes, I tell them that they will arise from three scenarios. A project may not comply with regulatory requirements -- i.e. Destiny USA. Second, disputes may arise from green building certification -- i.e. Bain v. Vortex Architects (via Stephen Del Percio's Green Real Estate Law Journal). And finally, new green building materials and techniques can lead to defects and litigation. We now have a lawsuit describing this third…
An E-book, A Conference, an Intern and a Hiatus

Chris Cheatham

18 Mar 2011 | 10:28 am

I finally finished the Destiny USA e-book (PDF). If you read the blog posts, then the e-book is probably a waste of time. If you don't know what I am talking about, download the story (PDF). And if you want to share the story of the Destiny USA Debacle with friends and loved ones, then the e-book is the most convenient way. Enjoy. I will be in Kansas City next week for the University of Kansas Green Building and Sustainability conference. If you are in the area, I recommend that you attend. I will be presenting on Friday about green building…
Did the USGBC Purchase Destiny USA Green Bonds?

Chris Cheatham

16 Mar 2011 | 8:34 am

I am wrapping up my discussion of the Destiny USA project this week with one final post. You can select the Destiny USA tag to review all of the previously published posts on this topic. I will also be publishing a compendium of posts on the topic -- plus bonus coverage -- later this week. Thank you for reading. I am wrapping up the Destiny USA Debacle discussion with a truly bizarre story. When I first read Rick Moriarty’s story on the Destiny USA project, I was shocked to learn that the U.S. Green Building Council invested in the Green Bonds issued…

California Employment Law Report
Interview With Guy Kawasaki on Enchantment

Anthony Zaller

25 Mar 2011 | 10:02 am

I recently had the opportunity to interview Guy Kawasaki about his New York Times best selling book Enchantment. I like to think of the interview as an extra chapter to Enchantment specifically for business owners and human resource managers about how to effectively manage employees. We spoke about the following topics: HR departments should be evangelists, not cops. HR needs to embrace social media. A company should even be suspicious of an employee who does not have a Facebook page. How to recruit and retain great employees. Hint: It is not about the…
Enchantment by Guy Kawasaki

Anthony Zaller

25 Mar 2011 | 9:38 am

Apple, Virgin America, 1965 Ford Mustang, and Mike Rowe. These are examples of Guy Kawasaki’s idea of Enchantment. In his new book he sets out to help readers understand what enchantment is in order to strive to be enchanting. Some have called it an update of How To Win Friends And Influence People for 2011. Here are the ideas that caused me to dog ear the pages they were on and stood out for me: To be likable, you need to find shared passions with others. To do this you need to do your homework, but it is easier today than ever to do so thanks to Google. Long gone are the days of…
Employees Entitled Up To Two Hours Of Premium Pay For Missed Meal and Rest Breaks Per Day - UPS v. Superior Court

Anthony Zaller

23 Feb 2011 | 7:40 am

California Labor Code section 226.7 provides that employees are entitled to receive premium payment in the form of one additional hour of pay at the employee’s regular rate of pay for a missed meal or rest break. As the appellate court admitted in UPS v. Superior Court, this Labor Code provision is amenable to the two different interpretations offered by Plaintiff and Defendant. Labor Code section 226.7 provides: (a) No employer shall require an employee to work during any meal or rest period mandated by an applicable order of the Industrial Welfare Commission. [¶] (b) If an…
When Must Employers Pay For On-Call or Standby Time?

Anthony Zaller

18 Jan 2011 | 2:55 pm

The DLSE takes the view that, on-call or standby time at the work site is considered hours worked for which the employee must be compensated even if the employee does nothing but wait for something to happen. “[A]n employer, if he chooses, may hire a man to do nothing or to do nothing but wait for something to happen. Refraining from other activities often is a factor of instant readiness to serve, and idleness plays a part in all employment in a stand-by capacity”. (Armour & Co. v. Wantock (1944) 323 U.S. 126) Examples of compensable work time include, but are not limited to,…
New Law Makes It Illegal To Impersonate Others On Social Networking Sites

Anthony Zaller

4 Jan 2011 | 7:48 am

Among the seven hundred or so new laws that took effect on January 1, 2011 is SB 1411 that makes it a misdemeanor for anyone to impersonate another on the internet “for the purposes of harming, intimidating, threatening, or defrauding another person.” The bill, which was signed into law by Governor Schwarzenegger, adds section 528.5 to the California Penal Code and makes the offense punishable up to $1,000 and one year imprisonment. The law specifically makes it an offense to open an email account or social networking profile to impersonate another person: For purposes of this…

Social Security Disability Lawyer
Notice of Reconsideration - What To Do Next

Maine Social Security attorney Gordon Gates

7 Apr 2011 | 7:43 am

A "Notice of Reconsideration" letter states that your disability or SSI claim has been denied for a second time by Social Security. When you get a Notice of Reconsideration in the mail, there are a few things to remember: The first is do not be discouraged. 7 out of 8 Reconsideration claims are denied, and the majority of these denied claims are approved at the hearing level. See this chart to see how the percentages improve at the hearing level. The second is to call or email your lawyer, and let him or her know. We are supposed to get copies of all correspondence going from Social…
A Modest Proposal

Maine Social Security attorney Gordon Gates

4 Apr 2011 | 2:45 am

When a Social Security disability claim is denied by an administrative law judge (ALJ), that unfavorable decision can be appealed to the Social Security Appeals Council (or, here in Region I, the Decision Review Board) and then to U.S. District Court, if necessary. Based upon recent statistics from the Social Security Administration, we know that about 25% of Appeals Council appeals are remanded back to the hearing level, and approximately 50% of the federal court appeals are remanded back to the hearing level. A remand means that the previous ALJ decision is vacated, and typically a new…
Disability Blog Roundup - April Fool's Edition

Maine Social Security attorney Gordon Gates

1 Apr 2011 | 3:00 am

Every other Friday, I publish links to recent notable posts from the Social Security disability blogs. From time to time, I also take the opportunity to show a recent picture of my daughter Bridget, who will have her first birthday this month. Here are the recent notable posts from the disability blogs: SSI/SSDI benefits in mental illness dual diagnosis cases - part 1 and SSI/SSDI benefits in mental illness dual diagnosis cases - part 2 from the Aurora Social Security Disability Law Blog published by Jeffrey A. Rabin & Associates, Ltd How to view Social Security’s new encrypted disks…
Statement from a Spouse

Maine Social Security attorney Gordon Gates

30 Mar 2011 | 7:45 am

Remember that you can submit a statement from a spouse, parent or friend in support of a disability claim. 20 CFR 1513(d)(4) states that Social Security will consider evidence from other non-medical sources (for example, spouses, parents and other caregivers, siblings, other relatives, friends, neighbors, and clergy). When you have the right person with the right story to tell, it can be powerful evidence. A non-medical, or "lay" statement is powerful evidence because it puts a disability case in a human context. Lately I have been requesting a statement from the spouse more…
Post Polio Syndrome

Maine Social Security attorney Gordon Gates

28 Mar 2011 | 1:00 am

Post-polio sequelae (also called post polio syndrome, or PPS) are often disabling symptoms that occur in many polio survivors later in life, about 35 years after the initial poliovirus episode. The symptoms may include overwhelming fatigue, muscle weakness, chronic muscle and joint pain, sleep disorders, as well as difficulty swallowing and breathing. Post polio sequelae constitute a medically determinable impairment, and certainly can provide the basis for a finding of Social Security disability. See Social Security Ruling 03-1p. Very serious PPS symptoms may meet medical listing 11.11 at…

The Rainmaker Blog
Are You the Master of Your Law Firm Marketing Domain?

Stephen Fairley

8 Apr 2011 | 8:44 am

This weekend is the Master’s at Augusta National, which got me thinking...how many of you practicing attorneys feel like you have mastered the art (and science) of law firm marketing? Assess your proficiency by watching this short video: As you see in my short video, there are three critical areas to focus on in marketing your law firm. I guarantee you that if you are losing business, your problem lies in one of these three areas. But which one? And what do you do if you determine which one... or all three? That's what the Rainmaker Retreat is for: a 2-day marketing…
April 20 Webinar: How to Generate Leads from Your Law Firm Blog

Stephen Fairley

7 Apr 2011 | 12:37 pm

Blogging is one of the top trends in Internet marketing for lawyers. Yet many legal bloggers are encountering several challenges: how to get started, how to be consistent, and how to generate leads from their marketing efforts. This information-packed webinar will answer all these questions and help you focus your efforts and maximize your results. Join me on Wednesday, April 20 at 3 p.m. ET as I present a live one-hour webinar on Generating Leads From Your Law Firm's Blog: Top Strategies & Real World Results, where you will discover: The 3-step system top Rainmakers use to acquire leads…
Law Firm Marketing: Take a Systematic Approach for Converting Leads into Clients

Stephen Fairley

6 Apr 2011 | 1:42 pm

Do you have the right system in place for converting leads into clients, and then from paying clients into staying clients? If the answer is no, you’re not alone. Many law firms fail to take a systematic approach to lead conversion and client retention. But you most definitely should. First, identify any software needed to assist in automating the process. The more you can automate, the lower your costs will be. Tracking software is readily available at a relatively low cost, compared to the expense of doing it manually. Good client-tracking software can be…
Is Your Law Firm Marketing Mobile?

Stephen Fairley

5 Apr 2011 | 8:47 am

According to a recent Nielsen study, the number of Americans watching video on mobile devices jumped 40 percent year-over-year in both the third and fourth quarters of 2010. In total, more than 25 million of us are watching an average of four hours and 20 minutes of video a month on a mobile device. Online video is a highly underused form of law firm Internet marketing that promises a big return. Whether you place your video on the homepage of your web site, or upload it to YouTube, the benefits are undeniable. We are finding more and more that not only does it establish your…
How to Use Avvo.com to Market Your Law Practice

Stephen Fairley

4 Apr 2011 | 9:09 am

I am fully aware that there are attorneys out there who are squeamish about sites like Avvo and I get it—one of the major reasons why a lot of attorneys don’t like social media sites like Avvo is because they cannot control it. Ironically, this is the same reason so many consumers are flocking to sites like Avvo -- to find "unbiased" reviews of services and products to guide them in their own decision-making. Just like anyone can go on Google or Yelp and write a positive or negative review of your business, so they can go to Avvo and do the same. At least Avvo has a…

Federal Employment Law Articles
DOL "Updates" Mangle Longstanding FLSA Principles

7 Apr 2011 | 10:00 pm

Earlier this week, the U.S. Labor Department's Wage and Hour Division published a "Final Rule" entitled, "Updating Regulations Issued Under the Fair Labor Standards Act." This document (which affects not only "regulations" but also interpretative provisions of lesser status), addresses a number of subjects. These topics include (among others) fluctuating-workweek pay plans, the impact of previous changes in the minimum wage, the tip credit available for tipped employees, and the exemption status of certain employees in automobile dealerships. The "Final Rule" is effective on May 5, 2011.
Discrimination Against the Unemployed?

7 Apr 2011 | 10:00 pm

Times have been tough and millions of Americans are unemployed. For companies ready to hire, however, finding qualified, skilled candidates can be as challenging as ever. How about a side of litigation with that?
EEOC Issues ADAAA Regulations.

7 Apr 2011 | 10:00 pm

The ADA Amendments Act of 2008 (ADAAA) made a number of significant changes to the definition of “disability” under federal law. The EEOC published its final regulations for the amendments on March 25, 2011.
FMLA FAQ - Does a phone call to the doctor count as "treatment"?

7 Apr 2011 | 10:00 pm

An employee recently missed five days of work due to the flu. She did not visit the doctor, but did call in to the doctor's office while she was out. Based upon the call, the doctor wrote her a prescription for some medication. Does this count as FMLA leave?
Department of Labor Reverses Position on Exemption of Service Advisors Working for Automobile Dealerships

7 Apr 2011 | 10:00 pm

In a further attempt to add to the heavy regulatory burden already placed on car dealerships, the Wage and Hour Division of the U.S. Department of Labor announced on April 5, 2011, that a proposed clarification for overtime requirements for service advisors would not be adopted. Therefore, the Department of Labor will not regard service advisors as exempt from overtime.

Defending People
Give Generously; Make the Fat Man Run.

Mark Bennett

7 Apr 2011 | 12:09 pm

Ellen Alexander (the nicest person in the courthouse, and not just in contrast to her judge, who’s a grump [but only to criminals, and fools, and the unprepared]) is once again raising money for the University of Texas M.D. Anderson Cancer Center. Two years ago Becky Pope, Ellen Alexander, and Robb Fickman raised $14,475 for M.D. Anderson. Last year they raised $19,276. Robb is the cheerleader of this escapade, getting criminal-defense lawyers, prosecutors, and anyone else who will listen to him to cough up money for the cause. This year Robb wants to raise almost $50,000. And we are…
The Total Refusal

Mark Bennett

7 Apr 2011 | 11:07 am

I was making an appearance on a first DWI. My client had declined to participate in the cop’s agility exercises (also known as “field sobriety tests”), both at the scene and at the station. The cop claims that at the scene my client showed signs of intoxication, but on the video from the station my [...]
Lawyer in Possession of Illegal Recording

Mark Bennett

4 Apr 2011 | 3:14 pm

When a lawyer has possession of an illegally-obtained recording, what is she to do? Not a new story; this is from 8 March 2011: Just before Duke’s first unsupervised visit, Dianna bought a small digital recorder online. Dianna unstitched a bit of her daughter’s favorite teddy bear—known as “Little Bear”—and stuck the recorder inside, stitching the animal back up afterwards. The recorder never left the bear’s guts after this, except when the animal was washed. With no voice activation feature, the gadget simply recorded everything that happened in its…
Texas Lawyers: Time to Vote Again

Mark Bennett

4 Apr 2011 | 2:14 pm

The two choices for President-Elect of the State Bar of Texas are San Angelo personal-injury lawyer Guy Choate and Tyler criminal-defense lawyer Buck Files. I know what you’re wondering: what do they say about the recent rules referendum? In interviews with the Texas Bar Journal, Files said: In every office that I have visited while campaigning, I have heard concerns voiced about the recent referendum — and the comments are not positive. The State Bar needs to respond to these lawyers. We must consider what can be done to address the apparent disconnect between the Supreme Court of…
The Object Lesson of Joseph Rakofsky

Mark Bennett

4 Apr 2011 | 11:04 am

To those like who want the practical blawgosphere to be the Happysphere, with no unkind words spoken about anyone (unless, as Tannebaum points out, there are no names mentioned, which makes the Happysphere more than a little passive-aggressive), the Joseph Rakofsky story should provide an object lesson. Joseph Rakofsky’s online marketing is a parade of horribles: Yodle site? Check.*1 Fraudulent trustworthy grey-haired lawyer pictures (courtesy of Yodle)? Check. Puffed qualifications? Check. Boilerplate text (courtesy of Yodle), shared by many other law firms? Check*2 and check. (Bonus…

a public defender
It only takes one

Gideon

31 Mar 2011 | 8:17 am

We have a saying, those of us in this field, that “it only takes one”. It’s said with a slight wink and an imperceptible smile, the legal defense equivalent of “anything’s possible”. Said in reference to cases that present near insurmountable challenges to the defense, it implies that all you need is one juror and you have a hung jury. And if that occurs, anything can happen: the state may not re-prosecute, they may offer a more palatable plea bargain, or at the very least, you’ll have a free preview of their evidence. “It only takes one”…
Arrest warrant for judge rejected…if it existed in the first place

Gideon

29 Mar 2011 | 6:29 pm

Updating the humdinger of a story from last Friday, wherein a State Trooper was allegedly seeking an arrest warrant for a judge who failed to sign an arrest warrant, there are two conflicting sets of stories out today. First, we have the Waterbury Republican-American, which reports that the trooper did indeed submit an arrest warrant application, but it was rejected (by whom, we don’t know), and that now the Chief State’s Attorney’s Office is “reviewing the allegations” that were made in that application: A state trooper’s arrest warrant application that…
Significant CT Supreme Court cases

Gideon

28 Mar 2011 | 6:17 pm

Justice Old White Dude 1, Justice Old White Dude 2... The Connecticut Judicial Branch, in keeping with its image of being speedy and up-to-date with news and technology, just posted a new link on its website. The link is to the celebrations held in honor of the 100th Anniversary of the Connecticut State Library and Supreme Court building, which was November 10, 2010. So, you know, only 5 months late. There actually is interesting information on that site, including really old photographs of really old dudes with names like Samuel Prentice and Silas Robinson and Elisha Carpenter, who,…
Wrong time, wrong battle

Gideon

27 Mar 2011 | 9:18 pm

There are several “rules” of practice that all criminal defense lawyers would be well served knowing and understanding. One of them is that we must and should engage in battles with the prosecutors and courts for the sake of our general clientele. But one that is even more paramount, one that goes to the core of our mission to represent each and every client individually, is that you must never fight a battle to the detriment of a specific client. And I get that this is even more of an issue with public defenders offices across the country, where the ever-increasing pressure of…
State police want to arrest judge who refused to sign arrest warrant

Gideon

25 Mar 2011 | 8:34 am

Unless the victim was also arrested. You can’t make this shit up. And if it were April 1st today, I might laugh it off as a clever joke. But it’s not and apparently neither is this. Here’s the lowdown, from the two meager paywall inhibited articles that I could find. State Trooper from Salisbury, CT (where watching paint dry is exciting) Mark Lauretano apparently submitted an arrest warrant for a man who got into a bar fight with someone else. The “victim” of the fight (meaning the guy who got beaten up worse), was obviously not arrested, as these things go.

Internet Cases
MySpace evidence was inadmissible hearsay

Evan Brown (@internetcases)

8 Apr 2011 | 4:00 am

Musgrove v. Helms, 2011 WL 1225672 (Ohio App. 2 Dist. April 1, 2011) An Ohio domestic relations court ordered an ex-wife to pay her ex-husband child support. Based on evidence that the ex-wife’s income had increased, the court increased the amount of support she had to pay. One of the pieces of evidence the court relied on was information from the ex-wife’s MySpace page where she had stated her income was “less than $30,000.” (This comported with other evidence suggesting her income was around $29,000). The ex-wife sought review of the order increasing child support…
Court says law firm did not eavesdrop on employee phone calls

Evan Brown (@internetcases)

7 Apr 2011 | 2:00 am

Bowden v. Kirkland & Ellis, 2011 WL 1211555 (7th Cir. April 1, 2011) Two former employees of a law firm sued the firm for violation of the Electronic Communications Privacy Act, 18 USC 2510 et seq. and for violation of the Illinois Eavesdropping Act, 720 ILCS 5/14-2. The district court granted summary judgment in favor of the law firm. The former employees sought review with the Seventh Circuit. On appeal, the court affirmed the grant of summary judgment. The court held that the former employees’ evidence of eavesdropping raised no more than a “theoretical possibility”…
Do certain mobile apps violate the Computer Fraud and Abuse Act?

Evan Brown (@internetcases)

5 Apr 2011 | 9:33 pm

[This is a guest post by attorney Caroline Belich. Caroline is a Chicago native, former Michigan State volleyball player, and recent admitee to the California bar with particular interest in the First Amendment.] According to the Wall Street Journal and other sources, federal prosecutors in New Jersey are investigating whether certain mobile applications for smartphones have illegally obtained or transmitted information about their users. Part of the criminal investigation is to determine whether these app makers made appropriate disclosures to users about how and why their personal…
Amazon and other booksellers off the hook for sale of Obama drug use book

Evan Brown (@internetcases)

4 Apr 2011 | 9:46 pm

Section 230 of the Communications Decency Act shields Amazon, Barnes & Noble and Books-A-Million from some, but not all claims brought over promotion and sale of scandalous book about presidential candidate. Parisi v. Sinclair, — F.Supp.2d —, 2011 WL 1206193 (D.D.C. March 31, 2011) In 2008, Larry Sinclair made the ultra-scandalous claim that he had done drugs and engaged in sexual activity with then-presidential candidate Barack Obama. Daniel Parisi, owner of the infamous Whitehouse.com website, challenged Sinclair to take a polygraph test. Not satisfied with the attention…
Sexting minor’s lawsuit against website moves forward despite her violation of federal law

Evan Brown (@internetcases)

2 Apr 2011 | 8:59 pm

Doe v. Peterson, 2011 WL 1120172 (E.D.Mich. March 24, 2011) When plaintiff Jane Doe was seventeen years old, she took some nude photos of herself and sent them over the internet to her boyfriend. Somehow the photos ended up on an adult website owned by defendants. Doe brought a civil cause of action against defendants for violation of the federal child pornography laws and for intrusion upon seclusion, public disclosure of private facts, intentional infliction of emotional distress, and negligence. The defendants pled an interesting affirmative defense to Doe’s claims — in pari…

ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC
Jury Dismissal Of Intersection Crash Claim Upheld on Appeal

emagraken

8 Apr 2011 | 8:46 am

(Accident Reconstruction Software courtesy of SmartDraw) Adding to this ever-growing database of BC motor vehicle liability cases, reasons for judgement were released this week by the BC Court of Appeal upholding a Jury Verdict dismissing an injury claim following an intersection crash. In today’s case (Bailey v. Jang) the Plaintiff was driving in a restricted-traffic curb lane as she approached an intersection. At the same time the main lane in her direction of travel was backed up leaving a gap at the intersection. The Defendant tried to make a left hand turn through the gap and…
Formal Settlement Offers, Costs, and the Flexibility of the New Rules of Court

emagraken

8 Apr 2011 | 7:12 am

Interesting reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, discussing the ‘flexibility‘ that the New Rules of Court give Judges in making costs awards following trials where formal settlement offers were made. In today’s case (Cairns v. Gill) the Plaintiff brought an ‘exaggerated’ personal injury claim to trial following a 2005 motor vehicle collision. ICBC made an early formal settlement offer in 2006. ICBC’s offer was modest at just over $1,200 plus costs. The Plaintiff rejected the offer and…
Chambers Practice Update: The Prohibition of Written Arguments

emagraken

7 Apr 2011 | 1:28 pm

Last month the BC Supreme Court released reasons indicating that parties ought to use Form 32 to provide the Court with “full disclosure of the argument to be made in chambers”. It is good practice to do so because Rule 8-1(16) of the New Rules prohibits written arguments (other than those set out in Form 32) from being relied on in Chambers Applications estimated to take less than 2 hours. Reasons for judgement were released today by the BC Supreme Court, Victoria Registry, demonstrating this prohibition in action. In today’s case (Lebrecque v. Tyler) the Plaintiff was…
Summary Trials and the Severance of Issues

emagraken

7 Apr 2011 | 7:12 am

Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, dealing with an interesting question: is a Court order for severance of issues required prior to a Court adjudicating an issue (as opposed to the entirety of a claim) in a summary trial? The reason why this is an issue is due to two competing Rules of Court. Rule 9-7(2) permits a party to “apply to the court for judgement…either on an issue or generally“. On the face of it this rule seems to permit a party to apply for only part of a case to be dealt with summarily. However, Rule…
British Columbia Ordered to Pay $605,000 in Damages to Victim of Childhood Sexual Abuse

emagraken

6 Apr 2011 | 9:06 pm

Reasons for judgement were released today by the BC Supreme Court, Victoria Registry, ordering the Government of BC to pay a Plaintiff $605,000 in damages as a result of childhood sexual abuse. In today’s case (D.K.B. v. British Columbia) the Plaintiff was sexually abused by his hockey coach when he was 13 years old. The abuse occurred in 1988. The hockey coach was a convicted sex offender and his probation officer failed to warn the minor hockey association of this fact. In 2005 the Province of BC was found vicariously liable for the sexual abuse. Today’s case…

Federal Employment Law Articles
DOL "Updates" Mangle Longstanding FLSA Principles

7 Apr 2011 | 10:00 pm

Earlier this week, the U.S. Labor Department's Wage and Hour Division published a "Final Rule" entitled, "Updating Regulations Issued Under the Fair Labor Standards Act." This document (which affects not only "regulations" but also interpretative provisions of lesser status), addresses a number of subjects. These topics include (among others) fluctuating-workweek pay plans, the impact of previous changes in the minimum wage, the tip credit available for tipped employees, and the exemption status of certain employees in automobile dealerships. The "Final Rule" is effective on May 5, 2011.
Discrimination Against the Unemployed?

7 Apr 2011 | 10:00 pm

Times have been tough and millions of Americans are unemployed. For companies ready to hire, however, finding qualified, skilled candidates can be as challenging as ever. How about a side of litigation with that?
EEOC Issues ADAAA Regulations.

7 Apr 2011 | 10:00 pm

The ADA Amendments Act of 2008 (ADAAA) made a number of significant changes to the definition of “disability” under federal law. The EEOC published its final regulations for the amendments on March 25, 2011.
FMLA FAQ - Does a phone call to the doctor count as "treatment"?

7 Apr 2011 | 10:00 pm

An employee recently missed five days of work due to the flu. She did not visit the doctor, but did call in to the doctor's office while she was out. Based upon the call, the doctor wrote her a prescription for some medication. Does this count as FMLA leave?
Department of Labor Reverses Position on Exemption of Service Advisors Working for Automobile Dealerships

7 Apr 2011 | 10:00 pm

In a further attempt to add to the heavy regulatory burden already placed on car dealerships, the Wage and Hour Division of the U.S. Department of Labor announced on April 5, 2011, that a proposed clarification for overtime requirements for service advisors would not be adopted. Therefore, the Department of Labor will not regard service advisors as exempt from overtime.

Florida Estate Planning Lawyer Blog
Do You Trust the Florida Trustee?

7 Apr 2011 | 8:27 am

As a Jacksonville Beach Estate Planning Attorney I have heard countless stories of trustees who have been entrusted to administer, distribute, and account for trust funds to family members and beneficiaries . . . who DON'T!Sad but true, the death of a grantor, trustor, or settlor of a trust fund may reign in the terror and unabashed greed of many trustees. The Florida Trust Code provides that a Trustee of an irrevocable trust is required to keep beneficiaries of the trust fund informed about the trust and its administration. <a…
Jacksonville Estate Planning and Gift Taxes

7 Apr 2011 | 5:29 am

With the current Gift tax exemption at 5 million dollars + 13,000 per person per year, many people are not concerned about making gifts or the taxes. It is important to remember that unless a gift tax return is filed with annual gifts to an individual exceed $13,000 there could be penalties and interest for the unreported gifts. Talk to your CPA about filing a gift tax return if you are giving an individual more than the exempt $13,000 per year. In addition, gifts keep the current basis so to the extent that you give an appreciated asset, the recipient will have to pay the capital gains based…
New Estate Tax Exemptions May Effect the Florida Wife

4 Apr 2011 | 2:25 pm

The estate tax exemption has increased to $5 million dollars for the years 2011 and 2012. Why would this effect you? Many Florida Wills are drawn up to distribute your spouse's assets to your children in an amount equal to the federal exemption amount, and the remainder of the assets to you. In other words, if the total assets of your husband is $5 million and his Will directs that the federal estate exemption amount goes to your kids, with the remainder to you, and your spouse dies (in 2011 and 2012),that would leave you with 0 (ZERO). Florida Estate Planning Lesson: Make time to not only…
We Were Named One Of The Top 25 Estate Probate and Elder Law Blogs of 2011

3 Apr 2011 | 8:05 am

I would like to thank everyone who voted for us. We were selected on of the Top 25 Estate Planning Blogs of 2011. Now LesixNexis is selecting the top estate planning blog of the year and you still have the opportunity to vote for us one last time. Even if you did not vote in the previous selection you can still vote. Step 1: You will need to be registered in order to vote. If you haven't previously registered, follow this link to create a new registration or use your sign in credentials from your favorite social media site. Registration is free and does not result in sales contacts. Once you…
Florida Medicaid Changes May Be in the Works.

3 Apr 2011 | 7:39 am

Medicaid overhaul has been set in motion in the Sunshine State. A Florida State Senate committee recently approved a controversial proposal that would hand over a large part of the Medicaid program to managed-health care plans. The full Florida House is expected to pass its version of the Medicaid changes and intense debate and negotiations are expected in the coming weeks. The bill's chief sponsor said the bill could improve care for Medicaid beneficiaries, who have been "second-class citizens" under the current Medicaid system. Florida lawmakers also intend to use the managed care system to…

Slaw
Class Action Against Facebook Dismissed in Quebec

John Gregory

8 Apr 2011 | 5:08 pm

A number of Facebook users in Quebec tried to begin a class action against FB for alleged infringements on their privacy. A Quebec court has now refused certification as a class action and dismissed the case: St Arnaud c. Facebook Inc. 2011 QCCS 1506. One ground for dismissal was that FB users sign an agreement that all disputes must be adjudicated in Santa Clara County, California. A more interesting element of the decision was that the ‘contract’ with FB was not a consumer contract within the meaning of Quebec law, since there was no payment and no obligation on the users, who…
Summer Reading Lists

Michael Lines

8 Apr 2011 | 12:52 pm

The Crime Writers of canada have produced their 2011 catalogue of Cool Canadian Crime. If that doesn’t supply you with enough mystery, here is a list of 5 easy to find and famously puzzling works from history: Five weird and strange manuscripts. If that’s not your bag, you might enjoy these more eccentric works: 20 Strange and Wonderful Books, and 20 even stranger and more wonderful books.
Open

Mark Lewis

8 Apr 2011 | 12:25 pm

Lost amid the rumpus (yes, I used the synonym function for that one) of #elxn41 was an announcement that happened shortly before the election call; from Policy Monitor Canada: Canada Launches Open Government Data Portal. From the Open Data site: The Open Data Pilot is part of the Government of Canada’s commitment to open government, which is being pursued along three streams: open data, open information and open dialogue, and aims to drive innovation and economic opportunities for all Canadians. While the content remains somewhat sparse as of yet, I applaud the thinking behind making…
The Friday Fillip: A Prefrontal Infusion

Simon Fodden

8 Apr 2011 | 7:58 am

Thinking runs in ruts and it takes a whole lot of effort to get it back on the tarmac again. Habit’s what does it, I’d say: we get used to picking up notions with the same old mental toolset, with the result that our views remain fairly fixed no matter what the world may lay at our feet. As the saying goes, we wind up holding a hammer so everything looks pretty much like a nail. Getting a new mind tool can be wonderfully liberating. Which is why, although it’s a Friday, I’m going to point you to a box of these, even though it might end up with your doing some thinking.
Confidentiality Obligations in Outsourcing Agreements – Part Two

Richard Austin

8 Apr 2011 | 4:00 am

My previous posting examined three issues relating to confidentiality obligations in an outsourcing agreement where care and attention may be needed to ensure that the parties achieve the results they are intending. I want to continue along the same path in today’s posting, looking at four more issues relating to confidentiality obligations in outsourcing agreements that the customer or the service provider do not always get right. 4. Restrictions on the disclosure and use of Confidential Information Confidentiality obligations frequently limit the ability of a party to use or disclose…

Virtual Law Practice
A Little History (& Perspective) for Your eLawyering Bookshelf

slkimbro

8 Apr 2011 | 9:01 am

Consider adding the books below to your reading list. They are not new. They are a piece of history and offer a unique perspective on the digital revolution and how we communicate. It’s great to look forward, but looking back has its value as well. These authors motivate me to think outside the box and to rely on my own intuition and view of the world rather than the whispers of naysayers who may just be too afraid or too comfortable. These should be on your digital or real bookshelf. Know of any other good “history” books? Please share. By Alvin Toffler:…
Seminar: How to Deliver Legal Services Online

slkimbro

4 Apr 2011 | 8:20 am

This Wednesday, April 6th at 1:00pm Eastern, I’ll be co-presenting an online seminar about delivering legal services online hosted by ALI-ABA and the ABA Law Practice Management Section. The hour-long session will be in a discussion/interview format and focus on the topics discussed in my book, Virtual Law Practice: How to Deliver Legal Services Online. Mark Robertson, co-author of Winning Alternatives to the Billable Hour, Third Edition (ABA 2008), will be the moderator. Attendees may email us questions during and after the session. Here’s the link to register.
Video from Presentation at UNC Chapel Hill Law School

slkimbro

31 Mar 2011 | 10:21 am

Thank you to NC Jolt for inviting me to speak to law students at UNC School of Law in Chapel Hill last week. Special thanks to 3L John Kivus (@kivus) for making the connections. I appreciated the opportunity to share this topic with the next generation of legal professionals. Awesome questions from the attendees as well. I especially liked this one (perhaps for a future blog post?): What happens if you are representing a party that is suing Google or Amazon and all your law office data, including their client file, is hosted in the cloud on that company’s servers? Conflicts issues?
Online Bidding for Clients

slkimbro

23 Mar 2011 | 9:42 am

Today’s Wall Street Journal published an article on Shpoonkle, an online auction site similar to eBay where lawyers can bid on clients. Both Susan Cartier Liebel and Scott Greenfield had blogged about this site in the past month. Robert Ambrogi even chimed in that the concept is old news and will hopefully fall to its demise sooner rather than later. Should we really consider this a new method of online delivery of legal services or is it just another form of online lawyer marketing? My interest here as a virtual lawyer is in the potential online delivery of legal…
Evolution of the VLO 1.0

slkimbro

18 Mar 2011 | 7:03 pm

When my husband and I sold VLOTech, our legal software as a service solution that created virtual law offices, to Total Attorneys in the fall of 2009 we were anxious to see some of the items on our development list taken to the next level. Almost a year and a half later, I’m excited to announce that they are releasing VLO 2.0, the next generation of the VLO concept. I’ve been involved at different stages in the process of rebuilding and adding to the software. A strong focus on the security of the system and attention to the ethics concerns unique to lawyers have been…

IMS ExpertServices
An Expert’s Change of Mind Can be Shattering

Twice last month, in high-stakes class-action cases with high-profile expert witnesses, the experts reversed gears on their own opinions, potentially shattering the cases in which they were involved.
Courts Use Experts as Early Warning System

“Lone Pine” sounds like a name more suited to a back-country campground than to a judicially imposed case-management device.
$388M Verdict Reversed, Experts Recalculate

Damages experts in patent cases may be heading back to the drawing board after the Federal Circuit Court of Appeals set aside a $388 million jury verdict against software giant Microsoft Corp.
Top 10 Expert Rulings of 2010

The most important judicial action involving expert witnesses in 2010 came in the year’s waning days. On Dec. 6, the Supreme Court agreed to hear a case that could decide the standard for use of expert testimony when a court is weighing whether to certify a class action.
New Federal Rule on Experts Takes Effect Dec. 1

A major revision to Rule 26 of the Federal Rules of Civil Procedure takes effect Dec. 1, bringing about a significant change in the long-standing procedure governing expert witness reports.

Florida Estate Planning Lawyer Blog
Do You Trust the Florida Trustee?

7 Apr 2011 | 8:27 am

As a Jacksonville Beach Estate Planning Attorney I have heard countless stories of trustees who have been entrusted to administer, distribute, and account for trust funds to family members and beneficiaries . . . who DON'T!Sad but true, the death of a grantor, trustor, or settlor of a trust fund may reign in the terror and unabashed greed of many trustees. The Florida Trust Code provides that a Trustee of an irrevocable trust is required to keep beneficiaries of the trust fund informed about the trust and its administration. <a…
Jacksonville Estate Planning and Gift Taxes

7 Apr 2011 | 5:29 am

With the current Gift tax exemption at 5 million dollars + 13,000 per person per year, many people are not concerned about making gifts or the taxes. It is important to remember that unless a gift tax return is filed with annual gifts to an individual exceed $13,000 there could be penalties and interest for the unreported gifts. Talk to your CPA about filing a gift tax return if you are giving an individual more than the exempt $13,000 per year. In addition, gifts keep the current basis so to the extent that you give an appreciated asset, the recipient will have to pay the capital gains based…
New Estate Tax Exemptions May Effect the Florida Wife

4 Apr 2011 | 2:25 pm

The estate tax exemption has increased to $5 million dollars for the years 2011 and 2012. Why would this effect you? Many Florida Wills are drawn up to distribute your spouse's assets to your children in an amount equal to the federal exemption amount, and the remainder of the assets to you. In other words, if the total assets of your husband is $5 million and his Will directs that the federal estate exemption amount goes to your kids, with the remainder to you, and your spouse dies (in 2011 and 2012),that would leave you with 0 (ZERO). Florida Estate Planning Lesson: Make time to not only…
We Were Named One Of The Top 25 Estate Probate and Elder Law Blogs of 2011

3 Apr 2011 | 8:05 am

I would like to thank everyone who voted for us. We were selected on of the Top 25 Estate Planning Blogs of 2011. Now LesixNexis is selecting the top estate planning blog of the year and you still have the opportunity to vote for us one last time. Even if you did not vote in the previous selection you can still vote. Step 1: You will need to be registered in order to vote. If you haven't previously registered, follow this link to create a new registration or use your sign in credentials from your favorite social media site. Registration is free and does not result in sales contacts. Once you…
Florida Medicaid Changes May Be in the Works.

3 Apr 2011 | 7:39 am

Medicaid overhaul has been set in motion in the Sunshine State. A Florida State Senate committee recently approved a controversial proposal that would hand over a large part of the Medicaid program to managed-health care plans. The full Florida House is expected to pass its version of the Medicaid changes and intense debate and negotiations are expected in the coming weeks. The bill's chief sponsor said the bill could improve care for Medicaid beneficiaries, who have been "second-class citizens" under the current Medicaid system. Florida lawmakers also intend to use the managed care system to…

Native American Legal Update
Cobell Lawyers Begin Fighting Each Other For Attorney Fees

Greg Guedel

4 Apr 2011 | 9:20 am

(IUPUI.edu) After the nearly two-decade legal struggle that resulted in the landmark $3.6 billion settlement between the US Government and Native Americans whose resources were mismanaged, a new battle has emerged: a fight between the lawyers over how much they should be paid. The total fee request from the attorneys representing Native Americans in the lawsuit is $223 million, a figure that some people found shockingly high. Now, a side issue has arisen over whether one attorney formerly involved in the lawsuit should receive any of the fee award. The attorneys for lead plaintiff Eloise…
Jesuits To Pay $166M For Sex Abuse Of Native American Children

Greg Guedel

29 Mar 2011 | 8:43 am

In one of the largest monetary payouts nationwide in the Roman Catholic Church's sexual-abuse crisis, the Jesuits in the Northwest have agreed to pay $166.1 million to about 500 abuse victims as part of its bankruptcy settlement. Many of the victims who will be compensated are Native Americans and Alaska Natives, who were abused by priests sent to their boarding schools or isolated villages – often after the priests had been removed from other parishes for abusing children. "It's a day of reckoning and justice," said Clarita Vargas, 51, of Tacoma, who was abused while a…
Free Urban Native American Legal Needs Seminar/Webinar - 31 March 2011

Greg Guedel

22 Mar 2011 | 10:01 am

The free seminar/webinar “Serving The Legal Needs of Urban Native Americans” will be held Thursday, 31 March 2011 in Seattle, with the program available free worldwide via live webcast. The program is hosted by the law firm of Foster Pepper PLLC, in partnership with the Northwest Justice Project and the…
DOJ Grants Available for Tribal Justice Programs

Greg Guedel

21 Mar 2011 | 1:37 pm

The US Department of Justice has announced the availability of multiple grants for organizations working to improve criminal and civil justice systems in Tribal communities. Tribal and non-tribal non-profit § 501(c)(3)) entities that provide legal assistance services for federally recognized Indian tribes, members of federally recognized Indian tribes, or tribal justice systems pursuant to federal poverty guidelines are eligible for grants to assist with their work. National or regional membership organizations and associations whose membership or a membership section consists of…
US Seeks Comments For Improving Tribes' Intellectual Property Protection

Greg Guedel

9 Mar 2011 | 8:11 am

The U.S. Patent and Trademark Office (USPTO) of the Department of Commerce has announced a request for public comment on a revision of the Native American Tribal Insignia Database, which serves as a reference for examining attorneys when determining whether a mark may falsely suggest a connection to the official insignia of a Native American Tribe. Tribes and other interested parties that have suggestions on how the USPTO can improve the protection of Native American insignia and other intellectual property are invited to submit their ideas. Written comments and recommendations for the…

Technology & Marketing Law Blog
Contacting a Person's Facebook Friends Isn't Stalking--People v. Welte

9 Apr 2011 | 10:54 am

By Eric Goldman People v. Welte, 2011 WL 1331900 (N.Y. Just. Ct. April 7, 2011). The defendant was subject to...
Intelius Dodges a Bullet Over Allegedly Deceptive Online Marketing Practices -- Hook v. Intelius

8 Apr 2011 | 1:07 pm

[Post by Venkat Balasubramani] Hook v. Intelius, 10-CV-239(MTT) (M.D. Ga.; Mar. 28, 1011) I mentioned a class action in Washington...
March 2011 Quick Links, Part 3

8 Apr 2011 | 12:16 pm

By Eric Goldman Search Engines * Lots of Google antitrust activity: - Apparently, an EU antitrust investigation IS something that...
StubHub Denied Section 230 Defense in Scalping Case--Hill v. StubHub

7 Apr 2011 | 1:14 pm

By Eric Goldman Hill v. StubHub, Inc., 07 CVS 11310 (N.C. Super. Ct. Feb. 28, 2011). My previous blog post...
Claims that Emails were not Labeled as Ads and did not Disclose Tracking Preempted by CAN-SPAM -- Martin v. CCH

7 Apr 2011 | 9:59 am

[Post by Venkat Balasubramani] Martin v. CCH, 10-cv-3494 (N.D. Ill.; Mar. 24, 2011) Plaintiff received two emails from CCH, with...

JD Supra Legal Alerts: All
Mutual Funds vs. ETFs: The 401(k) Format War

The Rosenbaum Law Firm P.C.

9 Apr 2011 | 11:31 am

The Rosenbaum Law Firm P.C.
Will Disqualifying Job Candidates Based on Their Current Unemployment Soon be Prohibited.

Gregory Thiess

9 Apr 2011 | 5:04 am

Gregory Thiess
The Facebook Firing Case - Employer Limits on Restricting Employee Use of Social Media.

Gregory Thiess

9 Apr 2011 | 5:04 am

Gregory Thiess
Employer Compliance with the new Wage Theft Prevention Act

Adam Michaelson

8 Apr 2011 | 11:29 pm

Adam Michaelson
How Do I Avoid Probate (and What Is It Anyway)? A Palo Alto Probate Attorney Answers

Law Offices of Janet L. Brewer

8 Apr 2011 | 5:21 am

Law Offices of Janet L. Brewer

California Wage and Hour Law for Employees
Oracle v. Sullivan Oral Argument

Steven G. Pearl

7 Apr 2011 | 12:21 pm

The UCL Practitioner has this report on the Cal. Supreme Court oral argument in Sullivan v. Oracle Corp., written by Thomas R. Kaufman of Sheppard Mullin. In Sullivan, the Ninth Circuit has asked the Supreme Court to decide the following issues:First, does the California Labor Code apply to overtime work performed in California for a California-based employer by out-of-state plaintiffs in the circumstances of this case, such that overtime pay is required for work in excess of eight hours per day or in excess of forty hours per week?Second, does § 17200 apply to the overtime work described in…
Media Coverage of Wal-Mart v. Dukes Oral Argument

Steven G. Pearl

29 Mar 2011 | 12:32 pm

NPR is running this story from the Associated Press and this report -- noting the different reactions from the Court's male and female Justices -- from analyst Nina Totenberg. Totenberg, like others, fails to note Justice Breyer's evident support for the case.Lyle Deniston of SCOTUSblog writes, "Argument recap: A fatal flaw detected?" Deniston notes that several of the justices were bothered by what Justice Kennedy called an inconsistency: the plaintiffs' allegation that "Wal-Mart has a policy of maintaining a common “culture” (the “Wal-Mart Way”) that ensures uniformity throughout…
Wal-Mart v. Dukes: Oral Argument Highlights

Steven G. Pearl

29 Mar 2011 | 10:16 am

Here are some interesting points from the transcript of oral argument. It seems to have been a very lively argument, with most of the justices jumping in right from the start. It makes me wish that the Court would broadcast at least audio of the arguments, if not video. ARGUMENT OF THEODORE BOUTROS, REPRESENTING WAL-MART: JUSTICE ROBERTS: [S]o, they've got thousands of stores, and, you know, every week they get a report from another store saying that, you know, there's an allegation of gender discrimination. At some point, can't they conclude that it is their policy of decentralizing…
Supreme Court Hears Dukes Oral Argument

Steven G. Pearl

29 Mar 2011 | 8:08 am

The Supreme Court has just finished hearing oral argument in Wal-Mart v. Dukes, the national gender discrimination class action. According to the Associated Press, "The justices suggested that they are troubled by lower court decisions allowing the class-action lawsuit to proceed against the world's largest retailer. Justice Anthony Kennedy, often a key vote on the high court, said he is unsure 'what the unlawful policy is' that Wal-Mart engaged in to deprive women of pay increases and promotions comparable to men."Given Kennedy's swing role on the Court, this obviously is a bad sign for the…
Dukes Oral Argument On Calendar for 3/29

Steven G. Pearl

23 Mar 2011 | 8:32 am

The Supreme Court of the United States will hear oral argument in Wal-Mart Stores, Inc. v. Dukes on March 29, 2011, at 10:00 a.m. EST. I have not had time to dissect the merits briefs, but they are available on the Impact Fund's web site (and from other sources): Wal-Mart's Opening Brief Plaintiffs' BriefWal-Mart's Reply Brief The merits briefs and al of the amicus briefs are available here. The Impact Fund has additional info on the case here. After the oral argument, the Court will post the transcript here, and we'll provide a synopsis. SCOTUSblog has comprehensive coverage. Nabiha Syed…

Consumer Class Actions and Mass Torts
District Court Dismisses Warranty Claims Based on Defects That Manifest Outside the Limited Warranty

Russell Jackson

6 Apr 2011 | 5:22 am

US District Judge Dickinson Debevoise recently wrote an opinion that is a good reminder of the scope and breadth of warranty law. See Alban v. BMW of North Am., L.L.C., 2011 WL 900114 (D.N.J. Mar. 15, 2011). In Alban, plaintiff alleged that his car developed a "burnt crayon" smell outside of the warranty period. He pointed to two of BMW's own internal Technical Service Bulletins ("TSBs") that acknowledged the potential for the condition to occur and attributed the smell to degradation of either the rear parcel shelf insulation or the sound insulating mat…
Federal Court Finds CAFA Doesn't Preclude Settling Bull$h#& Cases for Nuisance Value, But It Should Limit Class Counsel's Fee Award

Russell Jackson

5 Apr 2011 | 6:18 am

Last week District Judge Jeremy Fogel approved the combined settlement of three class actions involving Hewlett Packard printers. See In re HP Inkjet Printer Litigation, 2011 WL 1158635 (N.D. Cal. Mar. 29, 2011). All three of them were bull$h#& cases. The first challenged HP's practice of having "low on ink" warnings and graphics appear on the printer's screen before the ink cartridge had completely run dry. The second challenged the printers' use of "more expensive" color ink under black ink to improve the print quality of black type…
Federal Court Dismisses "Diet Coke Plus" Class Action

Russell Jackson

4 Apr 2011 | 5:18 am

If at first you don't succeed in getting an action dismissed, try, try again. The Coca Cola Company proved the truth of this old addage last Thursday when it finally won a dismissal with prejudice in its "Diet Coke Plus" litigation. See Mason v. The Coca-Cola Company, Civ. No. 09-0220, Slip op. (D.N.J. Mar. 31, 2011). In Mason, plaintiffs brought a putative nationwide class action against the defendant for allegedly misbranding its "Diet Coke Plus" product, which was Diet Coke fortified with 10% of the USRDA of a number of vitamins and…
Seventh Circuit Clarifies CAFA Removal Standard

Russell Jackson

4 Apr 2011 | 4:44 am

Last Friday the Seventh Circuit, in an opinion authored by Chief Judge Frank Easterbrook, clarified the standard to be used by courts in evaluating a defendant's estimation of the amount in controversy. See Back Doctors Ltd. v. Metropolitan Property & Cas. Ins. Co., 2011 WL 1206184 (7th Cir. Apr. 1, 2011). In Back Doctors, the plaintiffs alleged that the insurer used a computer program that caused it to pay medical providers less than it was required to pay them under the policies. The plaintiffs alleged that use of this computer program was not only a breach of…
When Pleading Statute of Limitations Tolling, the Little Things Matter

Russell Jackson

31 Mar 2011 | 7:04 am

A recent decision out of the Eighth Circuit reminds us that God is in the details. In Summerhill v. Terminix, Inc., No. 09-3691, Slip op. (8th Cir. Mar. 24, 2011), the plaintiff alleged that Terminix did not completely encircle his home with a chemical barrier prior to 1996 as it was required to do under Arkansas law. There was no question that plaintiff's causes of action were barred by the statute of limitations, except that plaintiff pled fraudulent concealment. The district court had held that he failed to meet the Rule 9(b) standard for pleading fraud, but gave him a…

SECLaw.com - The Securities Law Blog
Now Scientists Are Trading on Inside Information?

1 Apr 2011 | 7:05 am

The law of insider trading is still evolving, and has been since I started practicing law 30 years ago. Back in the 1980's I was part of the team that defended an SEC civil case against an employee of a financial printer who was accused of trading on inside information that he obtained because of his position as a proofreader. After a three week trial, an appeal to the Second Circuit, and a denial of a petition for a writ of cert was denied, the misappropriation theory of insider trading was born.There have been hundreds of cases since then, involving cab drivers, truck drivers, loading dock…
Finally! - Why Excerise Won't Make You Thin

29 Mar 2011 | 5:14 am

I have been on a health kick since December, in yet another attempt to lose weight. With 20 pounds down, people often ask how much I am excerising. The answer - not much. Practicing law in a small firm does not leave much time for excerise. Sure, I could probably find the time, but my thought has always been, why bother?I understand the benefits of walking, and I do not doubt those benefits. And I do walk and play golf, but going to the gym and working my butt off for an hour to lose weight? It never made much sense to me. For me, its pretty simple. To lose weight you need to burn more…
SEC Charges Four In Boiler Room Operation

25 Mar 2011 | 4:30 am

We haven't heard the term "boiler room" in years, but the SEC dusted off the term this week when it announced that it had filed a complaint alleging that a group in Los Angeles were operating a boiler room that defrauded investors who they persuaded to buy purportedly profitable trading systems.The SEC alleges that representatives of Spyglass Equity Systems Inc. cold-called investors and made false and misleading statements to help raise more than $2.15 million from nearly 200 investors nationwide for two related investment companies – Flatiron Capital Partners LLC (FCP) and Flatiron…
Insider Trading Lessons For Executives

18 Mar 2011 | 6:20 am

I am constantly amazed at the amount of insider trading cases brought by the Commission. While the SEC often goes overboard in their cases, and sues individuals who did nothing wrong, (see, Mark Cuban), the simple fact is there are far too many occasions where an individual, and in particular a corporate executive, is charged with insider trading.I suppose that there is the thought that the trader will not get caught, and the allure of big profits is simply too much to ignore. However, in this day and age, it is extremely easy to track down insider trading. The Commission has extensive…
SEC Charges Hedge Fund Managers with Fraud

18 Mar 2011 | 5:30 am

The SEC has charged a hedge fund investment advisory firm and its two founders with orchestrating a multi-faceted scheme to defraud clients and failing to comply with fiduciary obligations.The SEC alleges that the founders misappropriated client assets, inflated assets under management, and filed false information with the SEC and that they looted approximately $1.8 million of assets from a hedge fund they manage. The Commission alleges that they issued promissory notes to conceal a substantial portion of their misappropriation, and misrepresented the amount of capital that some of the…

Downtown Lawyer
Seventh Circuit agrees that employee cannot sue for religious discrimination after she was fired for telling a lesbian co-worker that she would go to hell.

Jodie L. Hill

8 Apr 2011 | 2:01 pm

In September 2005, Tanisha Matthews, an overnight stocker at Wal-Mart for nine years, became involved in an impassioned discussion about God and homosexuality with a lesbian co-worker named Amy during a break. When Wal-Mart officials investigated the incident, they learned that Matthews screamed at Amy that God does not accept gays, that gays should not "be on earth," and that they will "go to hell" because they are not "right in the head." After the three-month investigation, Matthews was fired for violating Wal-Mart’s Discrimination and Harassment…
Ninth Circuit holds that California’s air-quality rules for ships near its ports are not pre-empted by the Submerged Lands Act.

Jodie L. Hill

29 Mar 2011 | 2:09 pm

In 2009, the Pacific Merchant Shipping Association (“PMSA”) sued the head of the California Air Resources Board over the state’s Vessel Fuel Rules, which require ships to use cleaner fuels within 24 miles of the coast as they move through the state’s busy ports. The PMSA argued that the regulations were pre-empted by the federal Submerged Lands Act (“SLA”). The PMSA filed a motion for summary judgment on its pre-emption claim, but the trial court denied it. On appeal, the Ninth Circuit Court of Appeals unanimously affirmed that decision. The court noted that the rules…
Arkansas Court of Appeals explains dominance necessary in confidential relationship to give rise to presumption of undue influence.

Jodie L. Hill

22 Mar 2011 | 12:31 pm

Thorn v. Pierson, No. CA10-229. In 2002, Noble Vance Pierson was a woman in her seventies with a sizable estate and three children, Dale, Leslie, and Sandra. One of the brothers, Leslie, lived in a trailer on Mrs. Pierson’s three-acre home property, and she intended that he should receive that property upon her death. Mrs. Pierson told her daughter, Sandra Thorn, that she wished to have her real property settled and divided. Sandra suggested that she purchase the land for $100,000, which would constitute Dale’s share of the property. Mrs. Pierson agreed and later signed a deed to that…
Ninth Circuit upholds $250,000 verdict against debt-collection firm for emotional distress.

Jodie L. Hill

7 Mar 2011 | 3:13 pm

Tim McCollough sued Johnson, Rodenburg & Lauinger, a debt-collection law firm, for pursuing his credit card bet after the statute of limitations had expired. McCollough claimed that he and his wife fell behind in paying their credit card bills after he suffered a brain injury while working as a school custodian and his wife underwent surgery. He stopped making payments on his account with Chase Manhattan Bank in 1999 when there was an unpaid balance of about $3,000. In 2005, another debt-collection agency sued McCollough, but the lawsuit was dismissed because the five-year statute of…
Tenth Circuit refuses to lower sentence for scrub tech convicted of stealing pain medication from patients and infecting them with Hepatitis C.

Jodie L. Hill

25 Feb 2011 | 8:03 pm

Kristen Parker tested positive for hepatitis on her first day of work in 2008 as a "scrub tech" for Rose Medical Center in Denver, Colorado. She noted she probably contracted the disease by sharing heroin needles, a practice that developed with a prescription for painkillers after jaw surgery in 2001. While Parker worked at the hospital, she repeatedly stole fentanyl from operating room anesthesia carts, injected the painkiller into her system with syringes, and returned the used syringes to the carts. Fentanyl is a powerful, synthetic, opioid painkiller 80 to 100 times stronger…

ArkansasAppeals.com
Arkansas Supreme Court Rules Act 1 Unconstitutional

Tasha C. Taylor

7 Apr 2011 | 7:48 am

The Arkansas Supreme Court, in a unanimous decision handed down this morning, affirmed the Pulaski County Circuit Court’s decision ruling that Act 1 is unconstitutional as a violation of fundamental privacy rights under the Arkansas Constitution. The following is a link to the Court’s Decision: DHS v Cole Opinion. Act 1–also known as the Arkansas Adoption and Foster Care Act of 2008–was approved by Arkansas voters by a vote of 57% on November 4, 2008. Act 1, which went into effect on January 1, 2009, prohibits an individual from adopting or serving as a foster…
Proposed Changes to Arkansas Appellate Court Rules Affecting Civil Practice

Tasha C. Taylor

8 Mar 2011 | 5:00 am

The Arkansas Supreme Court delivered a per curiam opinion on March 3, 2011, in which the Court announced proposed changes to rules of procedure affecting civil practice. See In Re Arkansas Rules of Civil Procedure and Rules of the Supreme Court and Court of Appeals, 2011 Ark. 99. The following rule changes to the Arkansas Rules of the Supreme Court and Court of Appeals were proposed by the Arkansas Supreme Court Committee on Civil Practice and are being suggested by the Arkansas Supreme Court: Rule 2-1. Motions, general rules–The change would require that motions filed in the…
Judge Posner, the Blue Book, and Arkansas Citation Resources

Andrew M. Taylor

22 Feb 2011 | 5:04 pm

Judge Richard Posner, of the U.S. Court of Appeals for the Seventh Circuit, created quite a stir lately with his law review article in the Yale Law Journal, in which he criticized the Blue Book’s citation format. Though his article criticizes many aspects of the Blue Book (its size, for example), he is particularly critical of its system of abbreviation: An example that I have picked literally at random is “C.Ag.” What does “C.Ag.” stand for? Why, of course, the Código de Águas of Brazil. Now suppose one had occasion to cite the Código de Águas. Why would one want to…
Arkansas Times: Judge Ray Abramson To Run For Arkansas Supreme Court

Andrew M. Taylor

17 Feb 2011 | 6:43 pm

The Arkansas Times is reporting that Judge Ray Abramson, who is currently serving in an appointed position on the Arkansas Court of Appeals, will run for the Arkansas Supreme Court in 2012. He would be running for Arkansas Supreme Court Associate Justice Jim Gunter‘s seat. Justice Gunter has not announced whether he will seek reelection to that seat. Filed under: Appellate Court Elections, Arkansas Appellate Court News, Arkansas Supreme Court, Arkansas Supreme Court Elections, News
Rule 54(b) Strikes Twice . . . in the Same Case.

Andrew M. Taylor

10 Feb 2011 | 8:13 am

Case: Beverly Enterprises Inc. v. Keaton (Beverly II) Appellate Practice Tip: Before appealing, make certain that all claims against all parties are either properly dismissed (meaning that a court order is entered) or adjudicated. Otherwise, the order from which you are appealing is a non-final order, and the Supreme Court will refuse to reach the merits of the appeal. See Ark. R. Civ. P. 54(b). Case Explanation: The Arkansas Supreme Court’s recent decision in Beverly Enterprises Inc. v. Keaton (Beverly II) represents the second time that the same case has been dismissed without…

Technola
2011 eNonprofit Benchmarks Study

Matthew Burnett

22 Mar 2011 | 7:35 am

Every year M+R Strategic Services and NTEN publish the eNonprofit Benchmarks Study, which analyzes data from small, medium and large nonprofits in a range of sectors (including "rights"). This year’s report culls data on email messaging, online fundraising and advocacy, social media, and text messaging from 40 nonprofits. The Study also includes a helpful glossary of terms. You can download a copy of the 2011 study here (your name and email are required, but you can opt out of receiving emails from M+R and NTEN if you like). -M
CALI Lessons on Plain Language

Matthew Burnett

15 Mar 2011 | 11:34 am

Jeff Hogue at Legal Assistance of Western New York (LAWNY) and Maria Mindlin of Transcend Translations have created three free CALI lessons on plain language for legal advocates: Plain Language School - Lesson 1: Analyze a Document Plain Language School - Lesson 2: Readability Concepts Plain Language School - Lesson 3: Case Study LAWNY and Transcend are also behind the Plain Language Library, which includes an online library of plain language resources and a plain language gadget to help you write more clearly. -M
Transforming Advocacy for the 21st Century

Matthew Burnett

15 Mar 2011 | 11:16 am

Nonprofit techies will be gathering in D.C. this week for the 2011 Nonprofit Technology Conference (NTC). If you’re planning to attend, be sure to check out “Transforming Advocacy for the 21st Century,” a panel that includes Tony Lu (Pro Bono Net), Adam Stofsky (New Media Advocacy Project), Jane Ribadeneyra (LSC), and Glenn Rawdon (LSC) on March 19 from 3:30pm to 5:00pm. Kate will also be leading a session with Dawn Crawford called “Beginner Social Media - Where Do I Start?” on March 18th from 7:00am to 8:00am. More information about the NTC, including details…
Non-Profit Organization Websites: Increasing Donations and Volunteering

Matthew Burnett

16 Feb 2011 | 12:58 pm

Jakob Nielsen wrote an interesting piece for his Alertbox feature this week that shares some data from a study of 60 nonprofit websites. The findings suggest that completing the donation process on nonprofit websites took users 7% more time on average than it took to complete an e-commerce checkout process, that making non-monetary donations is difficult, and that people don’t use social networking tools to research non-profits or make donations. There’s good news, however, for those in the legal aid community who use the web to recruit pro bono attorneys: users gave a…
LSC Announces 2011 TIG Funding Cycle

Matthew Burnett

9 Feb 2011 | 11:34 am

The Legal Services Corporation (LSC) has issued a notice of request for letters of intent to apply for 2011 TIG funding. TIG will also be holding a webinar on Wednesday, February 16 at 1 pm Eastern to discuss program eligibility, areas of interest, and the application process. Approximately $3.4 million in grants is anticipated to be available for the 2011 cycle. The deadline to submit an LOI is March 7, 2011. To register for the webinar, click here. Additional information about the TIG program and grants process is available here. -M

Allen and Allen Law Blog
General Assembly Overrides Medical Malpractice Veto to Raise the State Cap on Med Mal Awards

ejk

8 Apr 2011 | 12:58 pm

Medical Malpractice Attorney Malcolm P. McConnell Introduction by Attorney of Malcolm P. “Mic” McConnell, III Virginia is the cradle of American democracy. That proud heritage was exemplified on April 6, 2011 when the General Assembly overrode Governor McDonnell’s veto of HB 1459. HB 1459 represented lawmaking at its best: people governing themselves. For years now, lawyers who speak for the victims of medical malpractice have been at odds with the Medical Society of Virginia and the Virginia Hospital Association regarding the rights of victims and the protection of…
Edward Allen to be VTLA president – A Virginia Lawyers Weekly Article

ejk

8 Apr 2011 | 8:34 am

Edward L. Allen - Fredericksburg Injury Attorney Allen to be VTLA president By Alan Cooper; Published: April 8, 2011 Source: http://valawyersweekly.com/blog/2011/04/08/allen-to-be-vtla-president/ Edward L. Allen brings family and history with him to the presidency of the Virginia Trial Lawyers Association. His grandfather was the first president of the association. His father started its political action committee. A cousin and a brother have served as president. Allen is proud of that history, but he’s looking forward rather than backward. He says his goal for his tenure is to address…
P.I. firm offers accident guide phone app – VA Lawyers Weekly Article

ejk

1 Apr 2011 | 8:22 am

Download the Mobile Accident App Today P.I. firm offers accident guide phone app By Alan Cooper For years, the personal injury firm of Allen, Allen, Allen & Allen has provided a glove compartment guide with information about what to do after a traffic accident. Welcome to 2011. Another guide is now available as My Lawyer – Travels with Me, a free application for the iPhone and Android smartphones. Accidents and their aftermath “can be a really confusing time. People are scared,” says Courtney A. Van Winkle, a partner at the firm. It’s comforting for them to be able to refer…
Products Liability – An Overview of the Law of Dangerous and Defective Products

ejk

28 Mar 2011 | 7:11 am

Products Liability Lawyer Jason W. Konvicka Author: Attorney Jason W. Konvicka Products liability is an area of the law that relates to the legal responsibility of manufacturers, wholesalers, and retailers for defective products that injure those using the products after they enter the marketplace. Various parties may be responsible for a dangerous product. They include the designers of a product, the manufacturers of component parts (parts used to make a product), an assembling manufacturer (the company that takes the component parts and assembles them in to the final product), a…
The Myth of “Frivolous Medical Malpractice Lawsuits”

ejk

21 Mar 2011 | 7:52 am

Medical Malpractice Attorney Malcolm P. McConnell Authors: Attorneys Malcolm P. McConnell, III and R. Clayton Allen A recurring theme in the call to “reform” medical malpractice litigation is finding a way to curb “frivolous”[1] claims. In his recent State of the Union address, President Obama said: “ . . .I’m willing to look at other ideas to bring down costs, including one that Republicans suggested last year: medical malpractice reform to rein in frivolous lawsuits.” That’s fine. And harmless enough, I suppose. I say “harmless,” because of this simple…

Are You Writing This Down?
Go West, young man. And East. And North. And South.

Lance Godard

21 Mar 2011 | 12:29 pm

What's BigLaw doing in this "down" economy? Getting bigger. Looking for opportunities to add greater value. Opening offices, merging, forming alliances. Gobalizing: SNR Denton barely lets the ink dry on its own merger before forming alliances with 10 firms across Africa Norton Rose ties up with Ogilvy Renault in Canada and Deneys Reitz in South Africa, then opens in Hamburg and links up in
Are you talking the talk? Walking the walk?

Lance Godard

8 Feb 2011 | 8:44 am

Or just sitting at home, watching the world go by from the comfort of your office? When was the last time you traveled outside the country? What languages do you speak? Can you carry on a conversation in a foreign tongue? Have you ever tried? Can you find your way through a crowded Japanese city, negotiate a contract in Columbia, interview a client in Paris? In Japanese, Spanish or French? On a
Have you made your resolutions for the New Year?

Lance Godard

10 Jan 2011 | 10:05 am

I was interviewed Friday by Chelsey Lambert at Total Attorneys for their Total Expert Radio broadcasts. I'm not used to sitting on the interviewee side of the table, and it was a lot of fun. Chelsey did a great job keeping me on topic. Thanks too to Kevin Chern and Kate Battle, who made the interview possible. Chelsey and I talk about new year's resolutions for lawyers in three areas: growing
Happy New Year!

Lance Godard

1 Jan 2011 | 1:48 pm

Best wishes to all for a healthy and happy 2011!
2010 ABA Journal Blawg 100

Lance Godard

30 Nov 2010 | 6:59 pm

The nominees for the 2010 ABA Journal Blawg 100 have been released, and for the second year in a row, my lawyer interview blog 22 Tweets was included on the list of the best legal blogs as selected by the editors of the ABA Journal. It's a great honor for me to have 22 Tweets listed alongside so many law blogs that inspire, educate, inform and amuse me every day, but the real credit goes to each

New Jersey Attorney Law Review Blog
NJ Supreme Court Says Orders Compelling Arbitration Are Considered Final Orders Which Are Appealable As Of Right

Glenn R. Reiser

4 Apr 2011 | 1:29 pm

"All orders compelling and denying arbitration shall be deemed final for purposes of appeal, regardless of whether such orders dispose of all issues and all parties, the time for appeal therefrom starts from the date of the entry of that order," said the New Jersey Supreme Court in a recent ruling issued in the case of GMAC v. Rosanna Pittella v. Pine Belt Enterprises, Inc. (March 23, 2011, A-15-10). The relevant facts of the case are as follows: On February 27, 2003, Pittella entered into a “retail installment sale contract” with Pine…
NJ Wineries Claim Sour Grapes By Federal Appeals Court Ruling

Glenn R. Reiser

12 Feb 2011 | 8:02 am

In Freeman v. Corzine (United States Court of Appeals for the Third Circuit, Nos. 08-3268 and 08-3302, December 2010), the plaintiffs – two New Jersey wine enthusiasts, a New Jersey couple seeking access to more Kosher wines, and a California winery – brought suit in the United States District Court for the District of New Jersey against Jerry Fischer, New Jersey’s Director of Alcoholic Beverage Control, alleging that several aspects of New Jersey’s Alcoholic Beverage Control Law (“ABC Law”) infringe on the dormant Commerce Clause in violation of 42 U.S.C. § 1983. The suit…
Parents Didn't Commit Child Neglect For Slapping Teen and Taking Her Paycheck, Says NJ Supreme Court

Glenn R. Reiser

10 Feb 2011 | 7:06 am

According to the unanimous decision published by the New Jersey Supreme Court on January 26, 2011, the parents of a teenage girl did not commit child abuse by slapping their daughter and taking a portion of her part-time wages to pay family bills. New Jersey Division of Youth and Family Services v. P.W.R. (A-79-09, January 26, 2011). The Court found the state Division of Youth and Family Services ("DYFS") lacked sufficient evidence to remove the teenager (Alice) from her father and stepmother’s home in 2008, and vacated the abuse and neglect judgment against her stepmother…
NJ Supreme Court Reviews Journalism Shield Laws in Pornographic Blogger Case

Glenn R. Reiser

9 Feb 2011 | 8:40 pm

Attention Bloggers! In a case that could have far-reaching effects on online commentary in the media, the NJ Supreme Court heard arguments today on whether a blogger from Washington state is protected by New Jersey’s so-called shield law concerning her writings about out Freehold-based Too Much Media Inc. ("TMM"), a maker of software used by many adult entertainment websites to track sales. According to the court filings, the blogger Shellee Hale, a former Microsoft employee and a private investigator, maintains she was working as a journalist in 2008 when she…
NJ Bankruptcy Court Says State Court Default Judgment For Fraud Not Binding

Glenn R. Reiser

3 Feb 2011 | 3:10 pm

Assume the following scenario: A client consults with a NJ bankruptcy lawyer about filing a bankruptcy case. During the course of their initial meeting, the client discloses that one of his largest creditors recently filed a lawsuit in the Superior Court of New Jersey (“NJ Court”) accusing him of engaging in fraud, and that he failed to respond to the lawsuit which resulted in the Court entering a judgment by default (or default judgment) against him for $200,000 predicated on fraud.. “How does this default judgment affect my bankruptcy case?,” the client asks the…

ParalegalGateway's Web Blog
NY Personal Injury Attorney Sends Her Paralegal to a Hospital to Solicit a Patient

Bill Statsky

4 Apr 2011 | 11:02 am

On February 28, 2005, respondent pled guilty to soliciting business on behalf of an attorney in violation of Judiciary Law § 479, an unclassified misdemeanor, and was sentenced to a conditional discharge. This conviction arose out of a sting operation targeting a medical clinic called the Medical Arts Center, in Queens County, whose manager ultimately pled guilty to enterprise corruption based on an insurance fraud scheme. The incident that led to respondent’s guilty plea occurred when a staff member at the medical clinic telephoned respondent and informed her that the clinic had a…
CAP – Ohio Paralegal Day

Jeannie Sapp Johnston

4 Apr 2011 | 10:55 am

For more info please visit CAP’s website. Related posts:Cleveland Association of Paralegals Celebrates Ohio Paralegal Day Paralegal fees are subject to the same the hourly cap as attorney fees
NOPA General Membership Meeting

Jeannie Sapp Johnston

4 Apr 2011 | 10:43 am

Speaker: Michelle Denice Craig, Esq. of Adams and Reese, LLP Topic: Proper Techniques to use when investigating using social networking For more information, visit NOPA’s webiste. Related posts:NOPA General Membership Meeting New Orleans Paralegal Association General Membership Meeting ICAP General Membership Meeting
TAPA Seminar and Leadership Conference

Jeannie Sapp Johnston

4 Apr 2011 | 10:33 am

Hosted by the Texas Panhandle Paralegal Association Pending approval from NALA for CLE credit. However, as of 03/08/11, TBLS has approved 4.0 hours for Civil Law and 5.0 for Criminal Law. Contact Megan Gutierrez megan.gutierrez@uwlaw.com or (806) 379-0309TAPA Conference P.O. Box 1127Amarillo, TX 79105 for additional information!! Related posts:Lancaster Area Paralegal Association Conference: Criminal Law & Forensics CALDA to host 23rd Annual Conference at Asilomar Conference Center NALS of Washington Annual Conference & Installation of Officers
ICAP General Membership Meeting

Jeannie Sapp Johnston

4 Apr 2011 | 10:16 am

Guest: Tom Allen The Importance of Timelines MCLE For more information visit ICAP’s webiste Related posts:ICAP General Membership Meeting ICAP CLE Program and General Membership Meeting NOPA General Membership Meeting

New York Business Law
Why You Shouldn’t Incorporate your NY Business in Delaware or Nevada

Fred Abramson

5 Apr 2011 | 10:08 am

If you are starting a new business, everywhere you go you hear people tell you that you must incorporate in Delaware or Nevada. I have some news for you. They are probably wrong. As a business law attorney, day in and day out, savvy, smart entrepreneurs like yourself actually speak into their shiny new iPhones 4 and proudly proclaim that they registered their business in Delaware. I’m thinking that the lawyer who defended Kato Kaelin’s housemate who now earns his living by hawking do it yourself legal services just earned another fast buck. You probably think because all of…
Digital Dumbo- Thursday March 31, 2011

Fred Abramson

30 Mar 2011 | 9:36 am

I will be at Ditigal Dumbo on Thursday night. Print out one of my blog posts and I will be sure to autograph it for you! Be aware that my Law Office is not affiliated with the event. Here are the details: Location: 155 Water Street, Brooklyn, NY http://digitaldumbo.eventbrite.com/ Digital DUMBO, in conjunction with infrastructure provider NYI, is proud to present Spring Forward, an evening whose only agenda is having a good time. There will be themed cocktails and commemorative t-shirts brought to you by Brooklyn- based designer Kayrock Screenprinting. If NYI sounds familiar, that’s…
Can you be served in a lawsuit by email?

Fred Abramson

30 Mar 2011 | 8:44 am

A young gentleman contacted my office today and informed me that he received some legal documents in his e-mail. Upon reviewing the offending message, I noticed it was a summons and complaint. If you are not in the know, in New York the first legal papers for instituting a lawsuit is called a summons and complaint. He wondered if it was necessary to answer the complaint. The simple answer is no, at least not yet. The rules governing proper service of a lawsuit are embedded in the CPLR. Here are the basic provisions for service of process: CPLR § 306-b. Service of the summons and…
New York courts may be forced to cut hundreds of workers

Fred Abramson

29 Mar 2011 | 9:58 am

Image via Wikipedia The New York Law Journal reports that the New York court system may have to cut “hundreds” of non-judicial employees due to a $70 million in budget cuts. These budget cuts come on top of recently announced $100 million of cuts, which include dropping hardworking retiring judges. These retiring judges often work as judicial hearing officers and serve an important role. In New York Supreme Court, early settlement conferences are held before Judge William Leibovitz. I have appeared before Judge Leibovitz on numerous occasions. These early settlement…
Heads Up: Mobile DevCamp NYC Hackathon – April 29-May 1 2011

Fred Abramson

25 Mar 2011 | 7:11 am

CodeFab Presents New York’s Annual Mobile Hackathon: Mobile DevCamp NYC 2011 – April 29-May 1 To register and for more information: http://bit.ly/MobileDevCamp2011 Reception Party: Friday April 29, 2011 6:00-10:00 Party Venue: Secret location…. stay tuned… Hack-a-thon: Saturday and Sunday, April 30-May 1 2011 10:00-6:00 Venue: AOL Headquarters 770 Broadway NYC Who: Designers, developers, and publishers for Apple’s iOS and Google’s Android platforms. What: 3-day weekend event, in the format of past DevCamps. When: April 29-May 1, 2011 Where: AOL…

Construction Law Musings
Top Ten Incentives for Green Construction

Christopher G. Hill

8 Apr 2011 | 6:00 am

For this week’s Guest Post Friday here at Construction Law Musings, we welcome Drake McDonald. According to Drake, his brief experience in construction introduced him to the profession’s many shortcomings. As an editor and writer he works to promote construction management education in the hopes of raising industry standards of organization, communication, and sustainability. Environmentalism has emerged as one of the leading issues of the new millennium. While much of the popular focus has been on reducing global warming, designing cleaner cars, and finding renewable sources of…
Reminder: Pay if Paid Not All Encompassing (but Could it be?)

Christopher G. Hill

4 Apr 2011 | 6:59 am

Image via Wikipedia On numerous occasions, I have discussed the need to be careful with so called “pay if paid” clauses in construction contracts. While such clauses are enforceable in Virginia (when phrased correctly), there are exceptions and limitations (for instance in the Miller Act context). One such exception (that I frankly would have thought to be obvious) is that such clauses do not protect a general contractor from paying all subcontractors. They only protect a general contractor only from payment to those subs for whose work the general contractor has not been…
Green Construction Claims: More of the Same

Christopher G. Hill

1 Apr 2011 | 6:00 am

For this week’s Guest Post Friday, Musings welcomes back Timothy R. Hughes, Esq., LEED AP. Tim (@timrhughes on Twitter) is a Shareholder in the Arlington, Virginia firm of Bean, Kinney & Korman, P.C. In his practice as a business, corporate, and construction law attorney, Tim was the Chair of the Construction Law and Public Contracts Section of the Virginia State Bar. He was recognized by Virginia Lawyer’s Weekly as a 2010 “Leader in the Law” and a member of the Legal Elite for Construction Law for 2010 by Virginia Business Magazine. A regular speaker and writer, Tim is the…
Construction News Roundup

Christopher G. Hill

28 Mar 2011 | 6:01 am

Originally posted 2009-05-26 09:00:00. Republished by Blog Post Promoter Image via Wikipedia Much happened in the last week or so in Virginia construction, both legally and otherwise. I thought a quick roundup was in order. On the green front we has a great article in ENR relating to the liability risk of green building and the great interest in the AGCVA Green Building Breakfast. Also, the Virginia courts decided several interesting cases: The first is Travelers Property Cas. Co. of America a/s/o Covenant Woods v. Premier Project Mgmt. Group LLC v. Haskell Co. a case that reminds everyone…
Is the Sky Actually Falling (on Green Building)?

Christopher G. Hill

28 Mar 2011 | 6:00 am

I have spoken on many occasions here at Construction Law Musings and elsewhere about the risks and rewards for contractors found in sustainable construction. The rewards were fairly apparent. New markets, government incentives and the desires of owners to be “green” clearly point toward a need for contractors to get into the sustainable building game. However, when I was first writing my Eeyore like thoughts most of the thoughts of all us construction attorneys were speculative. Whether because wholesale “green” construction was relatively new or because the…

Collateral
Deputies Accused of Beating Bondsman’s Fugitive Face Delayed Trial

RUSSELL COUNTY, AL – Former Russell County Sheriff’s deputies Kirby Dollar and Tim Watford are facing charges for allegedly beating a suspect who had been arrested by a bondsman. The two men have had their trial delayed until August, giving the men's attorneys more time to prepare a case. The ...
Attorney Disciplined in Florida After Working Closely with Bondsman

MIAMI, FL – Twenty-four attorneys have recently been disciplined by the Florida Supreme Court in various cases. The cases involve issues of misconduct and violation of ethics rules. Among the attorneys disciplined is Matthew Kimball McDowell, who was suspended for ten days after working closely with a bondsman. McDowell accepted ...
Bondsman’s Arrestee Shows What Not to Do During a Booking

MONROE, LA – Anthony Lamar Lewis was taken in by a bondsman after a warrant was issued for his arrest. Unfortunately, Lewis may have missed a basic tip about booking; when police searched him while booking Lewis into jail, the officer found what appeared to be marijuana beside Lewis' foot ...
Connecticut Bondsmen Searching for Bail Jumper

MIDDLETOWN, CT – Shelima Dickerson has skipped two court dates related to assault charges. The bail commissioner had warned the defendant that she would be arrested if she failed to show up for the second court date after missing an initial date. When Dickerson failed to show up, her bail ...
New Law to Cut Down on Discount Bail Bonds in Idaho

NAMPA, ID – Bondsmen want to stop the spread and popularity of so-called "credit bail" in Idaho. This type of bail occurs when bondsmen work out a payment plan for a bail bond client rather than getting the standard 10% amount upfront. Bondsmen and law enforcement officials note that credit ...

Lowering the Bar
Legislative Update!

Kevin

8 Apr 2011 | 12:25 pm

Here's an update on some of the legislative efforts that Lowering the Bar has been tracking. Maine's legislature has passed LD 126, the bill I mentioned in February that allows one-armed citizens to use switchblades. The governor is expected to sign the bill into law shortly. According to the new report, Maine will be the first state to enact this exception, although, as I noted previously, it's already part of federal law. The only amendment to the state bill was to bring it into line with the federal provision by limiting it to blades of three inches or less. Such blades, as you know,…
From the Docket: Mr. Potato Head

Kevin

8 Apr 2011 | 10:09 am

Bernadette M_____ v. Northern Trust, National Association, et al., No. CGC 11-510013 (San Francisco Super. Ct. filed Apr. 7, 2011). Employment complaint for sex, age and race discrimination. The plaintiff, an Irish citizen, suffered through a Mr. Potato Head contest organized by defendant Cameron in which potatoes were decorated to resemble drunken Irishmen.
Though in Contempt (and Contemptible), Joe Francis Still Wins

Kevin

7 Apr 2011 | 11:42 am

The ABA Journal reports today that the jury in the civil suit against "Girls Gone Wild" guy Joe Francis has found in his favor, after deliberating for 12 hours on Wednesday night. As I reported last week, Francis was going down in flames, and likely about to crash into a manure-heavy landfill, due in large part to his insistence on representing himself (and to his own charming personality). He finally hired lawyers after he was held in contempt, and remarkably they managed to pull out a victory. Or maybe it is not that remarkable, considering that the lawyers actually put on some evidence…
Behold the Peeps Diorama Entries

Kevin

6 Apr 2011 | 3:10 pm

The ABA Journal is running a contest for the best law-themed Peeps diorama, and while it is apparently too late to enter now, you can take a look at the gallery of entries here (it's a slideshow, but still). I'm partial to this one, only coincidentally because it credits Lowering the Bar for the incident it's based on, namely one of the cases in which somebody sued himself. (Yes, there is more than one such case. This is one where it happened by accident.) Thanks to "pumpkinsforjustice" for the mention.
Man Charged With Wiretapping for Using Phone During Traffic Stop

Kevin

6 Apr 2011 | 5:00 am

According to the New Hampshire Union Leader (via Slashdot), police in the town of Weare charged a man with unlawful "interception of oral communications" - a felony - because he used his phone during a traffic stop. According to police, the call was a crime because the driver ended up leaving a message, so they claim that the voice-mail service on the other end of the call recorded the officer's communications without his consent. That is, they charged him with wiretapping because the officer's voice could be heard in the background of his phone call. Under state law, a person is guilty of…

Ohio Family Law Blog
“Intextication”…The Dangers of Texting and Driving!

Robert L. Mues

9 Apr 2011 | 3:00 am

Driving these days can be very challenging. In addition, technological advances provide their own distractions, leaving drivers trying to split their attention between the road and the gadgets. Many experts believe that driving while texting, or “intextication”, is worse than driving drunk. In fact, studies show that 97.5% of people cannot drive safely while using cell phones. The National Highway Traffic Safety Administration (NHTSA) statistics show that roughly 16 people are killed every day in auto accidents involving a distracted driver, with over 1,300 more injured. In 2008, almost…
10 Tips to Ruin Your Divorce Case and Waste as Much Money as Possible!

Robert L. Mues

2 Apr 2011 | 3:00 am

Attorney Diana Mercer sent me these tips in her newsletter on January 19, 2011. Her points are excellent and certainly worth repeating. They really made me chuckle because they are spot on! I have also had an opportunity to read the recent book she co-authored with Kate Jane Wennechuk titled Making Divorce Work: 8 Essential Keys in Resolving Conflicts and Rebuilding your Life, available on Amazon. It is excellent! I whole-heartedly recommend it! To learn more about the book, please take a look at the video about it which I have attached at the end of the article. Thanks Diana for your…
Erma’s House – Dayton’s Supervised Family Visitation Center

Anne Shale

26 Mar 2011 | 3:00 am

On December 13, 2010, I had the opportunity to visit and tour Erma’s House, a Family Visitation Center, located at 1046 Brown Street, Dayton, Ohio. I had the privilege to meet with Peggy Seboldt, Director of Erma’s House, and Shannon Wahrhaftig, Co-Program Coordinator. During the meeting and tour of the facility, it was so very apparent to me that both employees are totally dedicated to the mission of the Visitation Center and that both are committed to their work at the Center. History: Erma’s House opened its doors in 1997 and has been providing visitation services to…
Marriage Works! Ohio – Perhaps It’s Just What You Need!

John C. Meehling

19 Mar 2011 | 3:00 am

“Wait a minute! Did I read that right? Marriage ‘building’ advice and links to what sounds like a marriage ‘strengthening’ organization on a Divorce Attorney’s website…what’s up with that?” Those thoughts and questions may have run through your mind as you have explored our law firm’s blog and website, but you read correctly. The desire to help strengthen marriages and prevent divorce, if at all possible, may be unusual in our industry, but saving marriages and strengthening families is good for society! To that end, our website, as well as our Ohio Family Law…
8 Things You Should Never Say to Your Children…

Guest Contributor Gregory Ramey, PhD, Child Psychologist and Dayton Daily News Columnist

12 Mar 2011 | 3:00 am

In the midst of an intense discussion or at the end of a difficult day, we don’t always say the right things to our children. But what we say can make a big impact, good or bad. Here’s a list of things you should never say to your kids: “I know exactly how you feel.” This is a real turn-off for kids. You can’t be sure you really know their feelings, and it comes across as dismissive. Instead, reflect back what you think your child may be experiencing. “You seem disappointed that you didn’t make the basketball team.” “The pilot won’t let you off this plane…

AttorneySync Lawyer Marketing Blog
When People Aren’t Sure What To Do They Look For Social Validation

Jeff Berman

8 Apr 2011 | 7:23 am

People are interesting creatures. If you were to ask, most people will tell you that they aren’t easily influenced by others. The truth is that they are. You may have heard about mob mentality, the phenomena of large numbers of people behaving in the same way at the same time. There have been numerous studies [...]
Wondering What Google Thinks About The Social Web? Follow The Money

Gyi Tsakalakis

8 Apr 2011 | 6:47 am

Are you skeptical about whether the social web is a flash-in-the-pan or here to stay? Google’s Larry Page thinks so. As reported by Business Insider, Larry Page Just Tied ALL Employees’ Bonuses To The Success Of Google’s Social Strategy: He sent out a company-wide memo last Friday, alerting employees that 25% of their annual bonus [...]
A Glimpse At A Possible SEO Future

Gyi Tsakalakis

6 Apr 2011 | 6:46 am

Over at SEOmoz, some early results from the 2011 Search Ranking Factors survey are in. The results came from two sources, a survey of leading SEO professionals and correlation analysis of Google results. I strongly encourage you to check out Rand’s slide deck. So, what do SEOs believe will happen with Google’s use of ranking [...]
Getting More Out Of Your Content

Jeff Berman

5 Apr 2011 | 7:32 am

If you’ve spent any time researching online marketing than you’ve heard the old adage “Content is King”. You’ve also probably heard, “Just write great content and everything else will take care of itself.” If only it were that easy. I agree that writing great content is a core component of any online marketing strategy. As [...]
4 Law Firm SEO Takeaways

Gyi Tsakalakis

4 Apr 2011 | 6:34 am

Distilled’s Kate Morris reviews a year of changes in SEO at SEOmoz. Here is what Kate takes away from the last 365 days: Put Users First – plain and simple, if you keep them in focus you won’t go wrong by Google or Bing. Don’t Sweat the Small Stuff – Small changes in ranking, site [...]

3 Geeks and a Law Blog
Online Legal Research: Contracts, Commingling, Consistency and Confusion

8 Apr 2011 | 7:45 am

A general consensus among the legal researchers I know is that our usage of online legal research products generally falls into the 80/20 category where 80% of the usage is in primary law, and 20% of the usage is in secondary resources. However, when it comes to the contracts that we negotiate with these vendors, that type of information doesn't really play a prominent role in what we actually pay for primary law versus secondary and third-party resources. Everything tends to get commingled into the contract, and when pieces fall out of the contract, we aren't able to…
Elephant Post: Your Favorite PowerPoint Story

7 Apr 2011 | 8:00 am

We had a lot of traffic, comments and feedback when Toby wrote his "Don't Use PowerPoint" post last week. We thought we'd play off of that post to ask the readers to comment on some of their PowerPoint stories (we said they could be good or bad… but, we preferred bad) and share them with us for this week's Elephant Post. I've used PowerPoint for many, many years, and it is a rare occasion that everything that worked on my PC at home or in the office ended up working perfectly at the presentation. We actually only ended up with one "horror story." Which makes me think that some of…
Ex-Findlaw Content Writer Files Class Action for Back Wages and Skipped Meals

7 Apr 2011 | 2:00 am

Jason Beahm, a San Francisco lawyer and former content writer for Thomson Reuters' (TR) Findlaw website, has filed a class action complaint (PDF) against TR, and the employee contracting company, Adecco, claiming that the writers in the Sunnyvale, California offices were not properly paid for overtime worked, for the meals (and premium wages for those meal periods) required under California labor laws, and for not providing itemized wage statements for the workers. Beahm is petitioning for class action status for at least 50 other Findlaw writers, and is seeking restitution of back wages and…
Upcoming Webinar - Tech & the Law Firm Library

6 Apr 2011 | 7:42 am

On April 28th, I will be moderating a webinar featuring Scott Preston (Geek #4) and Sarah Clark Kavanagh where they will put on a program to talk about some of the issues that face both Law Firm Librarians and Law Firm Technology Professionals. Although we face many of the same issue, for most law firms, these two groups tend to not function as allies, and in many cases, we just aren't on each other's radar screens. Scott, Sarah and I have been talking back and forth over the past month or so about all the opportunities, challenges, and perceptions that exist between the library and the…
Geeky Tip: Moving Data from MS Word to Excel

5 Apr 2011 | 7:51 am

I’m going to share with you two little tricks that I learned many, many years ago that will hopefully save you a lot of time when dealing with large amounts of data. Both of the tips are pretty simple, and perhaps you already know them. However, I’ve found that most of the folks I run across don’t, and they spend an enormous amount of time manually entering data when they don’t need to. Both of these tricks involve taking text from MS Word and transferring it into MS Excel. If you’re like me, you tend to do this sort of thing all the time (because for some reason, Partners really…

ITC 337 Law Blog
ALJ Gildea Grants Motion To Terminate Investigation In Certain Toner Cartridges (337-TA-731)

Alex Gasser

8 Apr 2011 | 4:17 pm

On April 8, 2011, ALJ E. James Gildea issued Order No. 11 in Certain Toner Cartridges and Components Thereof (Inv. No. 337-TA-731). By way of background this Investigation was based on a June 28, 2010 complaint and filed by Canon Inc. of Japan, Canon U.S.A., Inc. of Lake Success, New York and Canon Virginia, Inc. of Newport News, Virginia alleging violation of Section 337 in the importation into the U.S. and sale of certain toner cartridges and components thereof which infringe U.S. Patent Nos. 5,903,803 and 6,128,454. See our July 28, 2010 post for more details. In the Order, ALJ Gildea…
ALJ Gildea Grants Motion for Summary Determination with Respect to Economic Domestic Industry Requirement In Certain Electronic Devices With Image Processing Systems (337-TA-724)

Alex Gasser

7 Apr 2011 | 9:52 pm

On April 1, 2011, ALJ E. James Gildea issued the public version of Order No. 29 (dated March 11, 2011) granting Complainants S3 Graphics Co., Ltd. and S3 Graphics, Inc.’s (collectively, “S3G”) motion for summary determination that the economic prong of the domestic industry requirement had been met in Certain Electronic Devices With Image Processing Systems, Components Thereof, and Associated Software (Inv. No. 337-TA-724). According to the Order, S3G argued that its domestic expenditures and activities supported a finding that S3G satisfied the economic prong of the domestic industry…
ALJ Bullock Grants Motion To Terminate Investigation In Certain Ground Fault Circuit Interrupters (337-TA-739)

Alex Gasser

7 Apr 2011 | 2:44 pm

On April 6, 2011, ALJ Charles E. Bullock issued Order No. 39 in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739). In the Order, ALJ Bullock granted a joint motion filed by Complainant Leviton Manufacturing Co., Inc. and Respondent Sutherland Lumber of Kansas City, LLC (“Sutherland”) to terminate the Investigation as to Sutherland based on a consent order stipulation.
ALJ Gildea Sets Procedural Schedule In Certain Set-Top Boxes (337-TA-761)

Alex Gasser

7 Apr 2011 | 1:46 pm

Further to our February 25, 2011 post, on April 5, 2011, ALJ E. James Gildea issued Order No. 3: Setting Procedural Schedule in Certain Set-Top Boxes, and Hardware and Software Components Thereof (Inv. No. 337-TA-761). In the Order, ALJ Gildea determined that the parties did not follow his instructions when they inserted proposed dates for a Markman hearing, rather than submit proposals as to whether a Markman hearing in advance of the evidentiary hearing would be useful. ALJ Gildea also determined that as the parties have not yet exchanged patent claim terms for constructions or set forth…
ALJ Luckern Grants Motions to Terminate Investigation As To Nokia and RIM And Redact Settlement Terms In Certain Electronic Imaging Devices (337-TA-726)

Alex Gasser

6 Apr 2011 | 10:01 pm

On April 4, 2011, Chief ALJ Paul J. Luckern issued Order No. 35 in Certain Electronic Imaging Devices (Inv. No. 337-TA-726). In the Order, ALJ Luckern granted joint motions filed by Complainant Flashpoint Technology, Inc. (“Flashpoint”) and Respondents Nokia Corp. and Nokia Inc. (collectively, “Nokia”) and by Flashpoint and Respondents Research in Motion Limited and Research in Motion Corporation (collectively, “RIM”) to terminate the investigation as to the Nokia and RIM Respondents based on settlement and license agreements. According to the Order, non-settling Respondents HTC…

Al Nye The Lawyer Guy
Night Vision by Randy Wayne White

Al Nye

5 Apr 2011 | 6:28 am

Night Vision By Randy Wayne White G. P. Putnam's Sons $25.95, hardcover, 351 pages; ISBN 978-0-399-15705-9 (2011) I’ve read several books by Randy Wayne White and this one pretty similar to the others. I don’t mean that as a criticism – White has found his groove with his Doc Ford stories and this novel doesn’t stray from the typical formula: Doc Ford is a marine biologist who discovers someone is in trouble His hippy friend Tomlinson is often involved and makes the story entertaining with his drug habits and talk of unusual spiritual phenomena Doc…
Texas Rangers Sweep Out the Red Sox

Al Nye

4 Apr 2011 | 7:47 am

Ouch. What a way to start the year! Before the opening of the season, in New England at least, the Red Sox were predicted to be the front runners — I mean several commentators were fawning all over them predicting another World Series victory. I wasn’t sure why they got such rave reviews — especially when they kept losing over and over and over during the pre-season. Now they’ve lost their first three games of the year against the Rangers. So have I written them off (like I have the Celtics)? Hardly. Three games in baseball means very little. But I will say the the Red…
The Celtics Are Done

Al Nye

4 Apr 2011 | 7:12 am

So Shaq is out of the lineup for another undisclosed time after pulling up lame in the second quarter in a Celtics victory over the Piston’s yesterday. O’Neal hasn’t played for over two months because of an Achilles’ tendon injury. This injury, we’re told, is an unrelated strained right calf. I”m not surprised. And I’d like to say it matters to the Green team — but it really doesn’t. They’re toast this year. I told anyone that would listen at the end of last year’s playoffs that the Celtics were just too old. Face it, they…
The Sentry by Robert Crais

Al Nye

31 Mar 2011 | 7:26 am

The Sentry By Robert Crais G.P. Putnam's Sons $26.95, hard cover, 306 pages, 978-0-399-15707-3 (2011) “Damn you Robert Crais,” I said under my breath. I had a lot to do. I needed to write four book reviews and had at least six other novels to read when The Sentry arrived by FedEx. I’d wasted the entire evening reading this book when things to do were ahead of it. Now I’d have to play catch-up with the rest of my work (let alone my legal practice, household chores, family obligations, etc.) all because this novel was so engrossing. You could have written a book that wasn’t so…
2 Million Calorie Maine Whoopie Pie

Al Nye

28 Mar 2011 | 11:47 am

As reported by the Portland Press Herald (and carried by many other papers nationwide), Maine claimed it’s place as having the largest whoopie pie ever made on Saturday when a Maine whoopie maker made a 1062 pound whoopie pie. Here’s a picture of the 1/2 ton whoopie pie made by Wicked Whoopies of Maine before the top layer was added: Next comes the completed delight: Those cracks in the top were filled with the regular sized whoopie pies you see in front. Afterwards, my daughter and I (oh yes, you didn’t think I’d miss the largest whoopie pie in the world — did…

Gamso - For the Defense
Cheating the Hangman

8 Apr 2011 | 6:03 pm

The idea is that we want to kill them.PlannedColdCalculatedOur formal, legal, considered response to unspeakable acts by irredeemable people.Call it retribution or revenge or punishment or just desserts or murder, the goal is the same. We want to kill them.Except sometimes we don't get to.Edward Wayne Edwards was on death row in Ohio. On March 8, a panel of three judges in Geauga County, in open court, sentenced him to die for the murder of Dannie Law Gloeckner, his foster son who changed his name to Danny Boy Edwards because of their close relationship. In 1996,…
Three for Three

7 Apr 2011 | 12:12 pm

Clarence Carter is due to be murdered by the State of Ohio in five days.Governor Kasich could have chosen to save his life. He could also have chosen to save the lives of Frank Spisak and Johnnie Baston. He chose, instead, to ensure that they would be killed.Today, he made the same choice about Clarence Carter.04.07.11, Carter ClemencyCarter may or may not have intended to kill Johnny Allen. Kasich's intent is clear, though he pretends to have no blood on his hands. I'm not religious, but if I were, on whose soul, exactly, would I be asking god to have mercy?
American Exceptionalism?

6 Apr 2011 | 7:59 am

In the first sentence of the Declaration of Independence, Jefferson gave a nod to a decent respect to the opinions of mankind.He didn't say we should necessarily bow to those opinions. In fact, he was saying we should explain the reasons for declaring independence so that the world would understand. When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a…
Hot Off the Presses

5 Apr 2011 | 9:47 pm

Ohio's current death penalty law took effect on October 19, 1981. It's been amended since then to make it possible to kill more people, but that's when it began.If you've been asking yourselfGee, where can I get my hands on a book that describes how the law works and tell me about everyone who's been sentenced to death under it?I want to know about the crime and what's going on with the appeals and just how darned long it's been since the guy got sentenced. And really, I want to know about all of them - the ones who've been killed and the ones who just died and the ones who got…
Disingenuousness and the Death Penalty

3 Apr 2011 | 8:37 am

One day I was standing up in the Ohio Supreme Court arguing a death penalty appeal when now-retired Justice Andy Douglas said something like, Of course, you think that the death penalty is always wrong, don't you? His point was that perhaps they shouldn't take me seriously when I said that the death penalty in this particular case (whichever it was) shouldn't have been imposed. I acknowledged the general point (which had also been made in the briefs, and went on to explain why even if you're going to have a death penalty, and Ohio clearly had one, this particular guy shouldn't be…

Virtual Marketing Officer
Business Development for Lawyers | Low Hanging Fruit

Jayne Navarre

30 Mar 2011 | 11:00 pm

Where else on Earth would you find… A conga line of ranging 56,800 miles (90,900 km): Equal to 9.76 round trips on the road between San Francisco and New York City. 74 Elvis impersonators 1.3+ billion potential connections 1,091 Chocolatiers 79+ million job transitions/changes tracked 46 profiles with “beatboxer” listed as a position 428% year-over-year membership growth rate in Brazil. The most registered users named Lee, Smith and Kumar 951 years of back-to-back 5-minute phone calls made by 100 million professionals 50% year-over-year growth in iPhone skill index A…
Social Media for Lawyers Examined | Try a little context.

Jayne Navarre

28 Mar 2011 | 9:27 am

Are you still trying to get your arms around social media? Still feeling uncertain about it’s usefulness in marketing your practice or for networking your referral sources? You’ve probably attended webinars, conference sessions, read whitepapers, articles, blog posts, and maybe even books, to try to find the most simple, direct answer to “what should I be doing?” And, you might even have come up slightly more overwhelmed, right? May I suggest that you… Establish context. I’ve spent the last three years speaking on social media to groups of lawyers, marketers, law firm…
Enchantment | The Art of Changing Hearts, Minds, and Actions | Guy Kawasaki

Jayne Navarre

10 Mar 2011 | 11:51 am

Unique instruction in this book for serious law firm marketers, technologists, administrators, personnel directors, etc. who want to get their ideas to “come across better” and be heard (and heeded) more often. Guy Kawasaki, known for his dynamic thought leadership, delivers what I believe will be helpful for lawyers who want to move beyond mere persuasion and upgrade their communication skills to “enchantment.” Frankly speaking, the lessons in this book almost have to impact success in the boardroom, the courtroom, and the marketplace. Bottom line: this book is just…
Social Nation | by Barry Libert [Book Review]

Jayne Navarre

2 Mar 2011 | 9:45 am

Everyone seems to be asking, what’s next for social media — we’ve got our LinkedIn profiles in place, we’re blogging, we’re posting on Facebook, we’ve got YouTube videos, podcast syndication, and we send out Tweets from both individual and law firm accounts, now what? Try Community. It’s time to trade the “casting-your-giant-net-hoping-something-will-swim-in-to–it” only approach to social media for an eco-system that nurtures, serves and replenishes. Sound sort of fishy? It isn’t. And, there’s a great new book available that will give you plenty of…
Sixteen Sweet Facebook Tips

Jayne Navarre

27 Jan 2011 | 9:55 am

(This post is dedicated to the wonderful people at American Airlines who make me turn off my Kindle during take off and landing, forcing me to pick up random magazines at airport kiosks so I can distract myself the old fashioned way; reading paper magazines.) I love my 11″ MacBook Air. It travels well and it’s a powerful work tool. (Glad I didn’t jump on the iPad bandwagon at first blush because this is all that and more!) I also love my Kindle! Everything I need fits neatly into my chic little Coach handbag that my dear daughter gave me this past Christmas. (Hugs!)…

lawyersandsettlements.com
Week Adjourned: 4.8.11

LucyC

8 Apr 2011 | 11:51 am

Top Class Actions HAMPered Loan Modifications? It seems there’s no end in sight to the mortgage crisis—with new twists and victims appearing regularly. In fact, you could argue that it’s spawned a whole spin-off industry of fraud, and related legal actions. For example, this week, Saxon Mortgage Inc, the mortgage service division of Morgan Stanley, was [...]
Checking the Social Pulse on Accutane Problems

AbiK

7 Apr 2011 | 1:49 pm
Asbestos News Roundup: 4.7.11

LucyC

7 Apr 2011 | 1:02 pm

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map. Asbestos Lawsuits Marshall, TX: A resident of East Texas has filed an asbestos lawsuit against several of his former employers over allegations that during [...]
Harsh Reality: Elective Cosmetic Surgery vs Medical Malpractice

AbiK

6 Apr 2011 | 9:22 am

Just yesterday, we posted about Marilyn Leisz—the New Jersey woman who underwent an operation to fix an earlier operation and a congenital defect—on her eyes. Actually, MSNBC reports that she has had 30 surgeries to correct the problem. But the corrective procedures have left her unable to close her eyes. So, Leisz filed a medical malpractice [...]
Levaquin Side Effects Risky—not Rare—for the Elderly

janem

5 Apr 2011 | 4:06 pm

According to the Levaquin manufacturer and even some government agencies, Levaquin side effects are rare. But tell that to possibly thousands of people who have suffered tendon rips and ruptures after taking Levaquin, sometimes for a slight sinus infection. (By September 2010, more than 1,000 reports of tendon problems had been documented.) Elderly people are [...]

Florida Rules Decisions
SUFFOLK CONSTRUCTION CO., INC. vs. FIRST SEALORD SURETY, INC., ET AL. (Fla. 3d DCA Mar. 23, 2011)

Jason Baruch

2 Apr 2011 | 8:27 am

In this construction dispute, a surety obtained an appellate reversal of a judgment in favor of a general contractor. The appellate court awarded the surety appellate attorneys' fees over the general contractor's objection regarding entitlement. The trial court determined the amount to be $277,195.69. The general contractor appealed the fee award, again, on the issue of entitlement. The appellate court affirmed based on the doctrine of law of the case, because "[a]bsent manifest injustice, th[e] Court is barred under the doctrine of law of the case by its prior…
Budget Shortfalls Threaten Court Operations

Brian Willis

23 Mar 2011 | 7:12 am

A sudden drop in foreclosure filings has resulted in a dramatic budget shortfall for Florida's Courts, leading to possible Court shutdowns in the coming months. Anyone dealing with the Florida Courts on a regular basis is already aware of the delays and hassles caused by previous budget cuts. It looks like things may get worse. From the St. Pete Times: Gov. Rick Scott approves $14 million transfer to help courts, but not loan request Gov. Rick Scott has refused to approve a loan Florida courts need to keep operating through the end of June. In a letter delivered to…
Francel v. Gries Investment Fund, LLC, 36 Fla. L. Wkly. D256 (Fla. 2d DCA Feb. 2, 2011)

Brian Willis

5 Mar 2011 | 10:44 am

Parties to lawsuit had executed a stock buyback agreement, which the defendant had refused to perform. The Plaintiff moved for Summary Judgment pursuant to Rule 1.510 and the defendant submitted affidavits in opposition to the motion. The Motion for Summary Judgment was granted and the Defendant appealed. The Second District Court of Appeal overturned the trial court's decision. finding that the affidavits submitted created an issue of material fact as to one or more of the affirmative defenses raised by the Defendant. Francel v. Gries…
Proposed Changes to Supreme Court's Rulemaking Authority

Brian Willis

3 Mar 2011 | 8:11 am

Two bills have been filed with the Legislature that would change the rule making authority of the Florida Supreme Court. Staff analyses can be found on The Florida Bar's Rules of Judicial Administration Committee's webpage. These measures are likely to be scheduled for discussion by the House Judiciary Committee as soon as next week. From the Florida Bar: The Florida Bar has long opposed any changes to the current rule-making processes of the Supreme Court of Florida. These two bills - a proposed state constitutional amendment to rewrite Article V,…
JAMES KWONG and LIFEN LI KWONG, v. COUNTRYWIDE HOME LOANS SERVICING, L.P. et al., 36 Fla. L. Weekly D251a (Fla. 4th DCA Feb. 2, 2011)

Jason Baruch

21 Feb 2011 | 6:30 am

In this case, the defendants moved to quash service of process because the process servicer failed to note the time of service on the papers served. The trial court denied the motion. The appellate court reversed, holding that "strict compliance with statutory requirements of service is mandated." JAMES KWONG and LIFEN LI KWONG, v. COUNTRYWIDE HOME LOANS SERVICING, L.P. et al., 36 Fla. L. Weekly D251a (Fla. 4th DCA Feb. 2, 2011)

Are You Reading These Posts?
Come together. Right now. Over fees.

Lance Godard

7 Apr 2011 | 7:56 pm

"Two Veteran Lawyers Say Now Is the Time for Fixed Fees" by Ben W. Heineman Jr. and William F. Lee in Law.com's Corporate Counsel. When a former General Electric GC and the head of WilmerHale get together to tell the world why the time is right for fixed fees, I listen. You should too. Because this piece isn't just a manifesto in favor of fixed fees. It's also a fairly detailed guide on how to make them work for you and for your clients. And when that happens, everybody wins. To make up for today's corny headline, here's the real deal:
Sorry Santayana: it's the ones who don't heed the lessons of the past that are doomed.

Lance Godard

6 Apr 2011 | 8:33 pm

John Hellerman's "5 Marketing Lessons From Howrey’s Graveside" at Law 360. RIP, Howrey. And Brobeck, Thelen, Coudert Brothers, Heller Ehrman. What can we learn from the demise of these almost too successful, too well known, too traditional, too well established to fail law firms? Plenty, if we listen closely enough. Hellerman does, and has written a thoughtful piece on marketing, branding, and products, and how they played a role in Howrey's failure. Can these lessons alone save your firm from collapse? Probably not. But if you're listening, they might just help you make it a…
Trying to price value? Talk to your clients.

Lance Godard

5 Apr 2011 | 9:14 am

Meredith Hobbs' "In-House, Firm Lawyer Trade Views on Alternative Billing" in Law.com's Law Technology News. Lawyers should be talking to their clients about many things: service, value, delivery, skills, etc. But alternative fee arrangements ought to be at the top of that list. Why? AFAs are unknown. They're different. They're daunting. And they are important to clients. Very important. To offer AFAs that make their clients happy, that make their partners happy, that reflect the value of the services they provide, lawyers need to develop arrangements that are win / win for everyone…
"It's a very Darwinian, survival-of-the-fittest firm." The future of law?

Lance Godard

4 Apr 2011 | 7:03 am

Steven Harper's "The Goldman Model for Big Law" at The AmLaw Daily. Wondering what BigLaw's future looks like? Look no further than Goldman Sachs, says Harper. What would it mean for a firm's culture if Partners could trade future returns for payoff today? If firms were structured on a 1:73 partners to staff ratio? Is this the future of big global law firms? Maybe. According to Harper, some of them might already be there. Either way, it's clearly a direction to which the big firms are trending.
Baby steps to a better practice. Baby steps.

Lance Godard

1 Apr 2011 | 8:45 am

Nora Riva Bergman's "50 Ways to Grow Your Practice in 2011 and Beyond" on her JD Supra page. Most of the time, big change comes from little actions. Like we learned in What about Bob?, it's all about baby steps. You don't need to need to make 20 new contacts a week, just one, week in and week out. You don't need to write five blog posts a week, just a couple, week in and week out. Bergman's presentation is full of little actions you can take, little habits you can form, little changes you can make to grow your practice. They're not all for everyone, but with 50 there's bound to be a few for…

New York Personal Injury Lawyer Blog
High School Student Struck by Southbound 5 Express Train

Gabrielle Piscitelli

1 Apr 2011 | 2:08 pm

An 18 year old high school student, and aspiring chef, from the Bronx, was struck in the head by a train heading southbound on the 5 train track at the Union Square Station. The teen was heading to his cooking class when the accident occurred. According to an eyewitness, the teen looked pale as he walked down the platform, and either fainted or fell onto the train's path. He was taken to Bellevue
Stranded Motorist Killed Checking Car

Gabrielle Piscitelli

22 Feb 2011 | 2:41 pm

A chain reaction caused a stranded motorist to be struck by his own vehicle today on the Williamsburg Bridge. The 27 year old victim was behind the wheel of his Honda Civic when it stalled out on the bridge causing him to get out of his car and check it for problems. While he was checking his car for problems a taxi hit his car causing it to crash into him, as well as causing a van to crash
Four Injured in Van and Pickup Truck Accident

Gabrielle Piscitelli

22 Feb 2011 | 2:34 pm

Police, Firefighters and paramedics responded to an accident yesterday at Northern Boulevard and 126th Street in Queens after a van and a pickup truck collided. The van flipped after colliding with the pickup truck, injuring two adults and two children. All four who were injured were taken to New York Hospital Queens. New York automobile accident attorneys are waiting for further news
New York Man Fleeing Police Crashes Car, Passenger Seriously Injured

Rafal Perkowski

18 Feb 2011 | 7:05 am

A man in Long Island was arrested for driving while high on drugs after he crashed his car while fleeing police on Thursday, February 17, 2011. The passenger was seriously injured in the crash in Deer Park. According to the Long Island Press, officers tried to pull over a Cadillac but the driver tried to escape from the police. He crashed into a GMC at the corner of Long Island Avenue and Deer
Recall of 800,000 Child Safety Seats Announced

Rafal Perkowski

17 Feb 2011 | 9:15 am

According to CNN, Dorel Juvenile Group announced a recall on Monday, February 14, 2011 of nearly 800,000 child safety seats because they do not always lock properly. The recall covers certain infant, convertible and booster child restraint systems that were made between May 2008 and April 2009. The National Highway Traffic Safety Administration said the harness locking and release button on the

Chicago Law Blogger
In the Year 2000: Fixed Fee Legal Services?

In the year 2000 (excuse the cheap Conan O’Brien reference) I’m supposed to have a flying car and a machine that dresses me in the morning. Unfortunately, I have neither. In fact, I would venture to guess that the way in which I get myself ready in the morning for work is not that different [...] Related posts:Lawyer Money Stuff: Retainer Fees and Fee Agreements
Lawyer Money Stuff: Retainer Fees and Fee Agreements

Money. It’s the reason a lot of lawyers become lawyers in the first place (because they want a lot of it). We all grew up watching Perry Mason, Matlock or LA Law and thought…those guys make good money, I should do that! But how is it that lawyers get paid? And why does paying their [...] No related posts.
New Post on the Nanny Tax at Grown in My Heart

Just posted here at Grown in My Heart on the so-called “Nanny Tax” talking about the tax aspects of hiring nannies or other household workers. No related posts. No related posts.
Hell hath no fury like an employee scorned…

I’ve been meaning to put up a post for a while now about how badly an ex-employee can sting your business…even if you have all the standard non-solicitation and confidentiality provisions with the employee in his or her employment contract. Prime example: Nelson Piquet, Jr., a former Formula 1 race driver. As can be seen [...] Related posts:Chicago Employment Law: The Scoop on Non-Competes, Solicitations and Disparagements
Asset Protection if you hit your head…like Conan O’Brien

Conan O’Brien made news last week when he cracked his melon against the Tonight Show floor. Luckily, he was fine with just a minor concussion. Obviously, Conan didn’t set out to slip and fall on his head…but he did. Life happens, including undesirable events. This is why people buy insurance, and why most everyone can [...] Related posts:Chicago Asset Protection: Cover Your Ass(ets)

Digital Rights - Sound and Fury
Designing for actual use

Klang

10 Apr 2011 | 6:58 am

The law tends to regulate as it ought to be not as it is. This means that often the law spends a lot of energy attempting to correct real behavior to be closer to the idea of what a certain behavior should be. When the law does this in ridiculous circumstances the guardians of the law glow with pride and refer to higher principles. The problem is that he regulator should create laws and other regulatory systems not only with “ideal behavior” in mind. But it should take into consideration what people want. Unfortunately the law rarely asks: is this the hill I want to die on? But…
Removing civil rights without appearing to be a dictorship

Klang

7 Apr 2011 | 11:11 pm

Many of the civil rights that we today claim to be “natural” or “fundamental” have their roots in an ideology of the individual which dates back to the 18th century. The importance of a free press, free speech, democracy and the fundamentals of integrity can be traced back to the enlightenment period which believed that all were created equal and that people – not systems – were valuable and important enough to be in control. Since then these ideologies have been slowly been implemented into law. Not uniformly nor quickly but still the ongoing process of…
Virtual Economies

Klang

7 Apr 2011 | 2:24 pm

Dr. Vili Lehdonvirta & Dr. Mirko Ernkvist have written a very interesting report on virtual economies under the sponsorship of the World Bank and the IFC entitled Knowledge Map of the Virtual Economy: Converting the Virtual Economy into Development Potential. To get a small taste, here is the final paragraph of the executive summary: Besides microwork, development interventions could help promote the development of new digital networks and services that have potential to provide jobs in the virtual economy in the future. In the same way that access to high speed Internet backbone…
The cost of borrowing

Klang

7 Apr 2011 | 5:19 am

Of course I was naive. I guess if I thought about it I would have known that I was naive. But when I heard that a museum has lent a collection or a work to another museum, I got a warm fuzzy feeling. This was cultural altruism. I know, I know… Naive. In a fascinating article in The Art Newspaper, the director of Musée Picasso reveals the true cost of borrowing. Baldassari revealed the museum raised between €1m and €3.5m a year since 2008 from the touring exhibition “Masterpieces from the Picasso Museum”. It has visited eight cities so far, including Madrid, Helsinki and Tokyo.
Great Net Delusion Animation

Klang

6 Apr 2011 | 10:09 pm

Over on the IT Law in Ireland blog TJ McIntyre has posted about a great new RSA Animate called The Internet in Society: Empowering or Censoring Citizens? This one is based on Evgeny Morozov‘s great book The Net Delusion were he argues that the Internet and Web2.0 do not make democracy inevitable. When writing his review in The Guardian Cory Doctorow was critical of The Net Delusion for his pessimism in the power of the Internet for promoting democracy. But I don’t think its so easy to ignore Morozov’s critique of the cyberutopian vision. I highly recommend The Net Delusion.

Internet Television Law Blog
News Roundup - March 2011

devalera01

31 Mar 2011 | 8:10 pm

Judge to music industry: 'Worth trillions? Forget it'US court derails Google book-scan plansRussia Refuses to Recognize Pirate Party, Because of Its NameThe Copyright Monopoly Is a Limitation of Property RightsDownload data versus piracy claims: the figures don’t add upGoogle's copyright review: Google lays down the Google lawFacebook was fourth for online video in February 2011Paramount Pictures Partner With BitTorrent Release MovieWhite House: Streaming Should Be a Felony, Wiretap InfringersCompetition For Online Video Content Heats UpFollowing AFACT v iiNet, Internet Industry Formulates…
News Roundup - February 2011

devalera01

28 Feb 2011 | 5:51 pm

Google prepping YouTube movie service for UK, says reportThe real winner at the Oscars this yearRadiohead surprises fans with early online album releaseUpdate copyright law for pre-industrial era, says law professorGoogle Gets Involved in BitTorrent Search Engine LawsuitHotfile Goes To War Against Copyright InfringersGoogle's Travel Deal Faces Regulatory TurbulencenNothing New Under The Copyright-Eclipsed SunRIAA Labels Spain and Canada As Piracy HavensFeds Seize 18 More Domains in Piracy Crackdown
News Roundup - January 2011

devalera01

31 Jan 2011 | 6:31 pm

ACS:Law turns back on file-sharer court case Government lays ISP copyright notification plans before Parliament Academics urge EU bodies to reject ACTAGoogle Starts Censoring BitTorrent, RapidShare and MoreObama Nominates RIAA Lawyer for Solicitor GeneralNet neutrality fundamental to fairness, says BBC bossDo You Prefer Copyright or the Right to Talk in Private?Piracy Horrors and The Music Industry’s Twisted Reality Europe and America host most IP-infringing sites, claims consultancyWhy young people pirate (Pssst: It's not just about money)EU wants to erect opt-in hurdle for creatorsMore…
News Roundup - December 2010

devalera01

31 Dec 2010 | 6:26 pm

Images: See YouTube's new 'experimental homepage'Porn Site Says Revealing Takedown Notices Infringe CopyrightEFF Demands Copyright Troll Pay for Suing Democratic UndergroundISP 3 Strikes Anti-Piracy Strategy Rewarded By Big Four Music ServiceWikileaks Cable Shows US Involvement in Swedish Anti-Piracy EffortsGoogle in 'better' copyright protection vowViacom Says YouTube Ruling Will ‘Completely Destroy’ CopyrightBBC iPlayer international subscription service first headed to iPadRapidShare Gets 150,000 Euro Copyright Infringement FineApple patents glasses-free, multi-viewer 3DNetflix strikes…
News Roundup - November 2010

devalera01

30 Nov 2010 | 6:02 pm

Supreme Court Won’t Hear RIAA File Sharing CaseStart-up pitches low-cost no-glasses 3D for iPadYouTube shakes hands with French artistsEU Parliament backs ACTA with few reservationsIndian piracy arrests bother Bollywood BitTorrentersThe Pirate Bay Appeal Verdict: Guilty AgainDutch Artist Unions Call Government to Legalize File-SharingNo Ghostriding Allowed on Army’s SFW YouTubeContent 'made available' in jurisdiction where server is locatedThe real cost of free: a responseGoogle signs French book dealHarry Potter studio to investigate Deathly Hallows leakGoogle takes indirect jab at China…

Technically Legal
Episode 95: To the Cloud!

Ben Snitkoff

4 Apr 2011 | 9:00 pm

Righthaven goes after a Journalist, Amazon Launches CloudPlayer, Parents Sue Facebook Over Photos Please download the podcast or subscribe to the feed. Feel free to e-mail us with comments and suggestions. Righthaven Sues Eriq Gardner Righthaven hits journalist with infringement lawsuit Amazon Launches Cloud Player Amazon on Cloud Player: we don’t need no stinkin’ licenses Parents Sue Facebook Parents sue over Facebook photos of dead daughter Related posts:Weekly Links: March 27th – April 2 Welcome to our new “Weekly Links” feature! In this new... Episode 73:…
Weekly Links: March 27th – April 2

David O'Brien

4 Apr 2011 | 11:02 am

Welcome to our new “Weekly Links” feature! In this new feature, we share “what’s on our radar” in a blog post each Saturday or Sunday with links to the stories in our podcast e-mail thread. If we missed any stories, please feel free to note them in the comments. Righthaven sues, then dismisses case against Eriq Gardner over Ars Technica article. [via Ars Technica and Technically Legal] Sprint officially opposes AT&T&T-Mobile merger. [via LA Times] Groupion sues Groupon over trademark issues. [via Technology & Marketing Law] Amazon launches cloud…
Righthaven sues Eriq Gardner, an Ars Technica writer, then withdraws

David O'Brien

29 Mar 2011 | 4:32 pm

This case is a real head scratcher. Eriq Gardner, who writes The Hollywood Reporter ESQ blog and occasionally contributes legal commentary to Ars Technica, recently found himself at the business end of a Righthaven copyright lawsuit. The story begins last December, when Gardner wrote an article for Ars Technica that Described Righthaven’s copyright claims in a lawsuit against the DrudgeReport. In that case, Righthaven alleged that the DrudgeReport had reposted a photograph of a TSA Agent giving an airport traveler a pat down without authorization. In Gardner’s Ars Technica…
Episode 94: AT&T&T-Mobile

Ben Snitkoff

28 Mar 2011 | 11:00 pm

AT&T and T-Mobile Merger, Apple Sues Amazon over the appstore, Federal Judge puts the Kibosh on Google Books Settlement. Please download the podcast or subscribe to the feed. Feel free to e-mail us with comments and suggestions. The (proposed) AT&T and T-Mobile Merger AT&T wants to use T-Mobile’s AWS spectrum for LTE buildout DOJ and FTC Horizontal Merger Guidelines Apple Sues Amazon over Amazon appstore Apple Sues Amazon.com, Claiming It Improperly Uses ‘App Store’ Trademark The Complaint Judge Rejects Google Books Settlement The SDNY opinion Related posts:AT&T…
Weekly Links: March 20-26th, 2011

David O'Brien

27 Mar 2011 | 7:09 pm

Every week, Ben, Dominik, David Lu, and I share technology, law, and policy news stories in an e-mail thread. Then, we select 2 or 3 stories for discussion on our weekly podcast and, time permitting, stories worthy of a blog post. More often than not, there are more stories in our e-mail thread than we have time to cover on the podcast or in blog posts. And, this was the busiest week we’ve seen in awhile! This is the first post in a new weekly series where we will share “what’s on our radar” in a blog post each Saturday or Sunday with links to the stories in our…

Rochester Bankruptcy and Debt Relief
Hardship Discharge in Chapter 13 Bankruptcy

alexkorotkin

9 Apr 2011 | 5:26 pm

When a debtor files for Chapter 13 Bankruptcy in New York, the typical end result is either a 3 or 5 year plan requiring the debtor to pay his disposable income to the bankruptcy trustee, who in turn will pay to the debtor’s creditors. Occasionally, a debtor may suffer further financial reverses or health problems, so that the repayment plan is no longer affordable, and there is not possibility of modifying the plan. While one of the options is converting the Chapter 13 Bankruptcy into Chapter 7 Bankruptcy, it may not always be possible because of the means test issues. If debtor…
Upcoming Changes to the Means Test

alexkorotkin

12 Mar 2011 | 8:04 pm

Once again, the means test figures for median income are changing as of March 15, 2011. In New York, it means that the amount of income that the debtor can have before being forced into a Chapter 13 Bankruptcy is going to increase. Through March14, 2011, a single debtor in New York could have $45,548 in income in income and still be able to file Chapter 7 Bankruptcy. Starting March 15, 2011, that figure is increasing to $46,295. Similar increases will take place for all family sizes. The comparison of the existing and new income limits is below. Old Income Limits FAMILY SIZE 1 EARNER…
Bankruptcy Filings in Western New York

alexkorotkin

26 Feb 2011 | 1:46 pm

While bankruptcies have been on increase nationally, Rochester-area bankruptcy filings have been declining during the last month and for the year to date. Rochester region filings were down 19.5 percent in January and down 19.5 percent for the year, statistics released by the Western District of New York Bankruptcy Court clerk show. The January total of 434 bankruptcy petitions filed in the Western District’s nine-county Rochester region was lower than 540 filings in January 2010. The January filings in Rochester consisted of 88 consumer Chapter 7 Bankruptcy petitions and 54…
Tax Refunds and Chapter 7 Bankruptcy

alexkorotkin

18 Feb 2011 | 8:01 pm

It is that time of the year again. Starting in the beginning of the year and until April 15, debtors are filing their federal and New York State income tax returns. For those debtors who are thinking about filing Chapter 7 Bankruptcy, it is usually a good idea to receive and use their income tax refunds prior to filing for bankruptcy. For those debtors who filed for Chapter 7 Bankruptcy during the past year, it maybe the time to provide copies of their income tax returns to the bankruptcy trustee. Debtors who filed for Chapter 7 Bankruptcy usually learn during their meeting of the creditors…
Under the New Law, Federal Bankruptcy Exemptions Are Available In New York

alexkorotkin

29 Jan 2011 | 12:53 pm

As I have written previously, the new exemption law permits New York residents to choose between the New York exemption statutes and the Federal Exemption that are set forth in Section 522(d) of the Bankruptcy Code. The federal exemptions have never been available to debtors filing Chapter 7 and Chapter 13 Bankruptcy in New York before because New York chose to opt out of the federal exemptions statute in the past. The federal exemptions have different provisions that may be more favorable for individual debtors than New York’s statutory exemptions. They may allow debtors and their…

The Jury Room
Stereotype fears and the lovely scent of vanilla

Douglas Keene

8 Apr 2011 | 4:10 am

Tammy sang it and we keep track of it just for you. Yes. Sometimes it’s hard to be a woman. Especially when we are reminded of the fact we are women. Internationally based researchers studied the impact of stereotype fears [especially when it comes to science, technology, engineering and math] on women’s intent to purchase [...] Related posts:Redux: Sometimes it’s hard to be a woman (with appreciation to Tammy Wynette, Linda Ronstadt and Anne Reed) “I didn’t know truth had a gender” Hard to be a woman? The beat goes on….
Why are you so heartless?

Rita Handrich

6 Apr 2011 | 4:10 am

Not everyone has the excuse of really not having a heart like the Tin Man in the Wizard of Oz. But there are certainly those among us who seem not to have a heart. Our sense of this differentness among us has led to familiar sayings: ‘Heart of stone’ versus those of us who have [...] Related posts:Litigation consulting and the meaning of life Generation Y (aka the Millennials): Just the facts An uncivil union: Being ‘heard’
Outsmarting liars (five decades of research)

Douglas Keene

4 Apr 2011 | 4:02 am

Like everyone else, we don’t like to be fooled. So we love the deception research and their efforts to find ways to avoid being fooled, tricked or deceived. Aldert Vrij is one of our favorite deception researchers. He has a new piece out on the “imposing cognitive load” approach to identifying deception. They review the [...] Related posts:Liar, Liar, Pants on Fire! We know liars when we see ‘em Deception Detection: The latest on what we know
Simple Jury Persuasion: Make them eat brussel sprouts

Rita Handrich

1 Apr 2011 | 4:03 am

Our apologies to Marie Antoinette (if she ever actually said it). Brussel sprouts are what I think of when I think of disgusting foods. And this post is all about disgust. But here, the brussel sprouts are a metaphor for what you want to leave jurors to contemplate. Leave a ‘nasty’ or bitter taste in their [...] Related posts:Simple Jury Persuasion: Keep them from going with the immoral flow! Simple Jury Persuasion: The dark side of psychological closeness Simple Jury Persuasion: The more things change…
Could your favorite jeans help catch your murderer?

Douglas Keene

30 Mar 2011 | 4:02 am

If it’s true, we would then have favorite jeans posthumously. Would that be too cool or simply bizarre? Either way, it may soon be true! Scottish researchers are looking at ways to recover “fingerprint ridge detail and impressions from fabrics”. Doing so has been an elusive goal and the success has come with a technique [...] Related posts:Bye bye CSI? Redux: Bye-bye CSI? When you expect a gorilla you often miss other unexpected things

Disputing
N.D. of Texas Holds Signatory May Enjoin Another Signatory From Pursuing Litigation Against Non-Signatory

Beth Graham

8 Apr 2011 | 5:30 am

The Northern District of Texas has held that a signatory to an arbitration agreement may enjoin another signatory from pursuing litigation against a non-signatory. In Salad Bowl Franchise Corp. v. Crane, No. 3:11-CV-0034-D (N.D. Tex., March 17, 2011), Salad Bowl, a Texas corporation with its principal offices in Dallas, entered into a franchise agreement which contained an arbitration clause with New Mexico residents Mason and Henry Crane (“the Cranes”). Soon after, the Cranes opened a Salad Bowl franchise in a rented location in Albuquerque, NM. In August, 2010, the Cranes’…
SEC Approves Revised Discovery Guide for FINRA Arbitrations

Beth Graham

7 Apr 2011 | 6:00 am

Via the ADR Prof Blog, we learned the U.S. Securities and Exchange Commission (SEC) approved a revised Discovery Guide applicable to FINRA securities arbitration customer cases on Friday. The proposed rule change was filed with the SEC on July 12, 2010 and published for comment in the Federal Register on August 3,2010. The Commission received 55 comment letters on the proposed rule change. On February 8, 2011, the Commission received from FINRA a Response to Comments and Partial Amendment No. 1 to the proposed rule change. According to the SEC, The Commission believes that the revisions to…
Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration Symposium Columbia, MO | October 21

Beth Graham

6 Apr 2011 | 6:00 am

Mark your calendars! On October 21, 2011, the University of Missouri School of Law Center for the Study of Dispute Resolution will host its annual symposium in cooperation with the Chartered Institute of Arbitrators (CIArb) North American Branch, the University of Missouri International Center and the University of Missouri Transatlantic Center. The symposium, entitled Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration, will feature keynote speaker Gary Born as well as expert panelists from Canada, Austria, Switzerland and the United States.
Supreme Court of TX Holds TAA Applies Where No Evidence to the Contrary Demonstrated

Beth Graham

5 Apr 2011 | 5:00 am

The Supreme Court of Texas has held in a per curiam opinion that the Texas General Arbitration Act (TAA) applied to a dispute where a party invoked the TAA in a hearing on a motion to compel arbitration and no evidence was offered to show the TAA did not apply despite that the motion itself failed to invoke the act. In Ellis v. Schlimmer, No. 10-0243 (Tex., April 1, 2011), Ron and Tana Schlimmer purchased a home in Corpus Christi, TX from Veronica Ellis, a listing agent with Coldwell Banker Pacesetter Steel Realtors (“Pacesetter”), which acted as broker in the transaction. After their…
Accountable Care Organization (ACO) Regulations Proposed

Beth Graham

4 Apr 2011 | 3:00 am

by Holly Hayes Last week, The New York Times reported the Obama administration has proposed long-awaited Affordable Care Act (the Act) regulations “encouraging doctors and hospitals to band together, coordinate care and cut costs,” through the formation of Accountable Care Organizations (ACOs). In return for this collaboration, the government is offering financial rewards to health care providers that meet detailed federal standards which slow the growth of health care spending. The proposed rules explain how doctors, hospitals, nursing homes and home health agencies can qualify…

BAR AND BENCH
Moily talks on All India Judicial Services through a competitive exam; NALSA; and speedy justice

31 Dec 1969 | 4:00 pm

Minister of Law and Justice, Veerappa Moily in his written reply to the Lok Sabha said, “That pursuant to the recommendations of the Law Commission of India in its 1st, 8th and 11th reports, the directions of the Supreme Court of India and the guidelines recommended by the First National Judicial Pay Commission, the Government is seized with the matter of creation of an All India Judicial Service.”
Tweeting and Blogging Judges âGovernment asks for details

31 Dec 1969 | 4:00 pm

The IANS has reported that the Central Government has sought information from the Supreme Court and High Courts about judges who are airing their views on blogs and social networking sites such as Twitter. The Himachal Pradesh High Court has already received the communication from the Union Law Ministry.
Re-upped Round up: August 11

31 Dec 1969 | 4:00 pm

Euthanasia / mercy killing / physician assisted suicide is, bringing about of the gentle death of a patient in the case of a painful, chronic and incurable disease. Euthanasia is illegal and against the law in India. It is considered as an act of cowardice in the country.
ARA LAW adds infrastructure to its portfolio: Conversation with Rajesh Begur, Managing Partner

31 Dec 1969 | 4:00 pm

ARA LAW has added Ashish Bhakta to further strengthen and develop its Infrastructure practice. Ashish Bhakta, who was previously working with Kanga & Co., has more than 10 years experience inter alia in the Infrastructure space. Prior to joining Kanga & Co., where he spent nearly three years, Ashish was working with the Mumbai office of JSA. Bar & Bench spoke to Rajesh Begur, Managing Partner, ARA LAW.
Live-in relationship takes a leap, Delhi High Court allows London Solicitor to walk-in and walk-out

31 Dec 1969 | 4:00 pm

The Delhi High Court has ruled that, “a partner in a live-in relationship can walk out of it at any point of time without any legal consequence and neither of the partners can complain of infidelity if one ditches the other.”

South Florida Lawyers
Pentagon Lawyer "Apologizes" to Seminoles Over Al Qaeda Analogy.

South Florida Lawyers

10 Apr 2011 | 5:30 am

Listen up, kids, this is what happens when you are straining to justify exemptions to the Constitution for certain classes of really bad people -- you wind up citing precedent from other unlawful or excessive periods of history driven by populist rage -- it could have been Korematsu but in this case it was that whole slaughter of the Seminoles thing:“Not only was the Seminole belligerency unlawful, but, much like modern-day al Qaeda, the very way in which the Seminoles waged war against U.S. targets itself violate the customs and usages of war.” Oops!Ok, so you are saying the Seminoles…
Judge King Finds Another Bank Arbitration Clause Unconscionable.

South Florida Lawyers

8 Apr 2011 | 11:50 am

And this one had a belts-and-suspenders Delegation Clause (sneaky!), which he also found unconscionable.For good measure he found this blog unconscionable, but can anyone really argue that point?
Yngwie Happens.

South Florida Lawyers

8 Apr 2011 | 5:46 am

You just know Jose Pagliery wanted to drop a big fat Malmsteen shred clip to go along with his story, so let's go ahead and oblige the man:Swedish heavy metal guitarist Yngwie Malmsteen is suing a Miami Beach construction company, claiming he was duped into hiring an unlicensed contractor who refuses to finish remodeling his Miami Shores home.The construction company plans to filed a countersuit and insists meddling by Malmsteen's wife caused supply delays that prevented it from finishing the job.The lawsuit filed March 30 in Miami-Dade Circuit Court by Yngwie and April Malmsteen claims…
3d DCA and 2d DCA in Conflict -- Who Shall Prevail?

South Florida Lawyers

7 Apr 2011 | 8:31 am

Everyone loves a good conflict. Especially a "direct conflict."And that's just what happened when the 2d DCA got right in the grill house of the 3d, challenging the 3d's determination that you can't get fees in a wrongful death case under section 768.26 unless you file a case first.Let's see what the Florida Supreme Court said:Thank you, Governor Scott! Please sir, can I have another?Oops, that was how the Supremes groveled their way into functioning at half-staff for another couple weeks.Boy that Scott sure is one nice fellow!Here's how they actually ruled on the fee issue:[W]e…
Emergency Verified Motion To Have Judge Brown Speak With Judge Bailey!

South Florida Lawyers

6 Apr 2011 | 2:22 pm

Emergency Motion to Have Two Judges Speak to Each OtherWouldn't you like to be a fly on the wall on that conversation?BTW, there's some good stuff in the email discussion between the lawyers attached as Exhibit C (Judge Brown had earlier denied the motion for not having a certificate indicating that counsel conferred).

e-Lessons Learned
eLessons Learned Featured on Live.Foxnews.com Today: Small Businesses Who Get Hacked Must Act

Fernando M. Pinguelo

8 Apr 2011 | 8:43 am

LIVE Visit http://live.foxnews.com/ today at 1PM EST and watch eLL featured on the impact hacking has on small businesses. At 1:20PM EST the segment will discuss the data breach that recently occurred at Epsilon, a third-party vendor who provides marketing services to many companies. Names and email addresses are powerful tools for certain types of cybercriminals known as “phishers” who use social engineering to target potential victims and lure them into exposing confidential financial information. The danger posed by such data breaches has resulted in the federal government and many…
I Deleted Your Damning Evidence and There’s Nothing You Can Do About It

Fernando M. Pinguelo

3 Apr 2011 | 3:10 am

Again with the scandaloussex tapes? Seriously? With all the publicity surrounding leaked sex tapes coupled with the prevalence and ease of digital communication, one cannot honestly believe such a tape will remain a well kept secret. You’ll receive no sympathy on this blog for your escapades, and you’ll receive no sympathy in the Ohio court system, either. In Davis v. Spriggs, Spriggs was suing her former husband (Davis) for posting pictures and video on an adult website after the divorce settlement, signed a few months prior, specifically prohibited such distribution. Spriggs…
Hindsight No Help After Negotiating a Confidentiality Order

Fernando M. Pinguelo

2 Apr 2011 | 3:08 am

You have to make sure everyone on your side keeps the promises you make! When you and your adversary enter into a confidentiality stipulation about the return or destruction of confidential business information you received as a result of a lawsuit, you have to make sure that you and your outside counsel fully comply with this agreement, even if it turns out to be more costly than you anticipated. This applies even to inadvertently backed-up information by your outside counsel, as it did to the Plaintiff in Oxxford Information Technology, Ltd. V. Novantas LLC. In Oxxford Information…
No Adverse Inference Unless the Destroyed Evidence Adversely Infers Something

Fernando M. Pinguelo

1 Apr 2011 | 2:06 am

In 2000, David Ronsen launched Orbit One Communications, Inc., a corporation that sold satellite communications services and manufactured tracking devices reliant on satellite technology. In 2006, Numerex Corp., another satellite communications company, initiated negotiations to acquire Orbit One. These negotiations resulted in a 2007 agreement for Numerex to acquire Orbit One’s outstanding assets. Numerex asked the three executives that were also equity owners in Orbit One, (Ronsen, Scott Rosenzweig, and Gary Naden) to continue to run Orbit One as a division of Numerex, to the tune…
Pdf? Jpg? Docx? Html? Wtf?

Fernando M. Pinguelo

31 Mar 2011 | 4:04 am

Legal counsel for both parties left the judge frustrated from unprofessional conduct and lazy discovery techniques. Judge Hollows stated, “In the future, the court will decline to hear any discovery matters where the Federal and Local Rules are not strictly followed.” So, when it comes to electronic discovery being strictly followed, keep in mind the following: 1) address the issue EARLY; 2) keep documents in easily accessible format; and 3) supply metadata for pivotal documents. In the facts, Brinckerhoff worked for the Town of Paradise as a volunteer firefighter. Subsequently, she…

Matthew Stoloff's Blog
What Are My Rights?

Matthew Stoloff

29 Mar 2011 | 5:35 am

From time to time, I receive brief telephone messages on my answering service or a brief email from a concerned parent of a special needs child who is only interested in learning the answer to a single question: “What are my rights?” The answer to the question, “What are my rights?” cannot be given until the parent has provided sufficient background about the child (age, grade, disability), the child’s current placement (general education, resource, self-contained), the level of services currently being provided to the child (speech therapy, occupational therapy,…
Ten Tips for Special Education Clients

Matthew Stoloff

21 Feb 2011 | 5:10 am

Attorneys who practice special education enjoy doing what they do. Special education attorneys care about parents and their special needs children; they want to see their clients’ children succeed not just in school, but in life after school as well. Several months ago, Massachusetts attorney Robert Crabtree blogged about the mistakes that parents make in special education matters. Connecticut attorney Jennifer Laviano also has a great blog post about the 10 questions parents should ask themselves at the beginning of the new school year. I’ll chime in on the top 10 things that…
NJ Scholarship Opportunity Act and Special Education

Matthew Stoloff

11 Feb 2011 | 5:10 am

The NJ Scholarship Opportunity Act is generating a tremendous amount of buzz these days. Reporters, bloggers, and special interest organizations, are debating whether the Act will benefit children who attend the “worst” schools in New Jersey, whether the Act saves the State money, and whether the Act makes sense from an educational point of view. See here, there, over yonder, way over there, and this and that. The Act (as currently drafted) is a five-year pilot program that will provide scholarships (or “vouchers”) to as many as 40,000 low-income students to attend an out-of-district…
Preparing for IEP Season

Matthew Stoloff

7 Feb 2011 | 5:10 am

The IEP season, which usually runs from March through June, is coming up. In the next couple of months, school districts across the country will be sending out formal letters to parents scheduling an annual IEP meeting. IEP meetings can sometimes be stressful. Here are a few tips to prepare for your next IEP meeting: 1. Do not wait until the day before the meeting to review your child’s educational records. Parents should review all relevant documents several weeks leading up to the meeting so that they are intimately familiar with the different parts of the IEP. 2. Parents should review…
Facebook Business Page

Matthew Stoloff

1 Feb 2011 | 7:30 pm

I have started a Facebook Business Page where I will share shorter pieces of useful information that will not normally be found on this blog. For example, I recently posted the following: FREE dental care for children ages 3 to 12, who do not have dental insurance. Comprehensive dental exams and x-rays and may include fillings, sealants and emergency treatment as needed. Call for an appointment (732)937-8653. Robert Wood Johnson University Hospital, One Robert Wood Johnson Place, Ambulatory Services, Dental Suite D, New Brunswick, NJ 08903. The Epilepsy Foundation of New Jersey is available…

PracticeSmarter
Save 57% on checks

Judd Kessler

21 Mar 2011 | 10:37 am

An interview with Roger Oldaker, a check printing and security expert The National Check Fraud Center estimates check washing causes $815 million in damages every year. So, if you’re going to print checks, it’s important to take precautions to ensure they make it safely from your office to the recipient. Roger explains how his company’s checks provide uncompromised security at half the price. Q: Why do you call your checks the “uncompromised line”? A: Although there is no way to guarantee 100% protection, we provide so much security within our check stock that potential thieves will…
How to SAVE 65% on your next copy machine

Judd Kessler

28 Feb 2011 | 8:12 am

An interview with Tony Capabianco, a copy machine expert Most business owners choose to lease office equipment (copiers, scanners, fax machines, etc.) thinking it’s their most cost-effective option. This is usually not the case. Leasing companies charge you more over a 3 year period than it would cost to buy a machine. Tony explains why this happens and how his company saves firms a lot of money. Q: What makes buying a copier so much more economical than leasing? A: We get copiers for 75%-85% less than your best discounted price. That means you can get a $15,000 copier for $5,000 or less.
Reducing Client Anxiety

Judd Kessler

14 Feb 2011 | 7:16 am

Potential clients come to you with anxieties about their legal issues, as well as anxieties about the legal process itself. It’s your job to not only provide exceptional representation, but to provide them with the understanding and encouragement they need during a difficult time. In a recent blog post, Allison Shields, Esq., offers some tips on how to reduce client anxieties. She recommends: Developing a client welcome package Reviewing your intake procedures Making sure your website, blog and other marketing materials speak to the anxieties of potential clients The more comfortable your…
Client Appreciation

Judd Kessler

7 Feb 2011 | 1:04 pm

In a recent blog post, Cordell Parvin outlined ten ways to show your clients you appreciate them. His list included: 1. Keeping up with what is going on in your client’s industry, including what its competitors are doing and offering ideas on any implications. 2. Helping the client obtain more valuable business. If ever you are able to actually expand the client’s business by introducing the client to other clients or to other lawyers in your firm who can do the same, that is always a plus. 3. Finding out about the client’s children and keeping up with them. 4. Simply saying at…
How to Reconnect

Judd Kessler

31 Jan 2011 | 7:36 am

Sometimes life moves too fast to make staying in touch with former colleagues, past customers and business acquaintances easy (or manageable). When you need to reconnect with someone (especially to ask for a favor) you probably wish you’d never lost touch, because for many, reaching out to people with whom you’ve lost touch is uncomfortable. The Harvard Business Review says this doesn’t have to be the case, and offers some strategies to make the process easier. Acknowledge the lapse in communication Explain why you’re contacting them now Offer something in return

International Business Law Advisor
The 10 Best Countries to Enforce a Contract. And the 10 Worst.

Santiago Cueto

6 Apr 2011 | 11:10 am

The World Bank’s Doing Business division, just published a fascinating report on the ease (or difficulty) of enforcing contracts around the world. As a result of the global financial crisis, it really comes as no surprise that business are more concerned than ever about recovering losses fast. Contract Enforcement Actions Up Sharply In the past two years, more disputes involving property, supply contracts and banking transactions ended up in courts all over the world, increasing caseloads and backlogs. I see it in the courts here I Miami. It seems every time I check-in for motion…
Got a Great Business Idea? Throw Away That Nondisclosure Agreement! Why You Should Use a Reverse NDA Instead.

Santiago Cueto

4 Apr 2011 | 8:54 am

If you have a great business idea that you’d like to get in front of the world’s top venture capitalist or other funding source, the traditional thinking was that you’d have them sign a Nondisclosure Agreement (also known as an NDA or confidentiality agreement) to prevent them from profiting off your idea. By using a nondisclosure agreement, you could ensure that your secrets stay secret -- or have legal recourse if they are misused or disclosed to the wrong parties. By using an NDA, you could also ensure that your great business idea never gets off the ground. How so? You…
3 Things Every U.S. Company Must Know About the IRS' New Foreign Accounts Reporting Requirement.

Santiago Cueto

30 Mar 2011 | 9:55 am

Working overseas is a great experience. Along with the cultural experience it brings, working abroad is a sure fire way for an employee to earn a promotion once he or she returns home to the U.S. The arrangement also establishes the U.S. company as a true international player. In today’s globalized economy, nothing beats that kind of exposure. With more U.S. companies sending their employees abroad, however, it’s not an unusual for both U.S. companies and employees to get lost in the ticket of foreign and domestic tax laws. That’s why it’s particularly important…
We Have an App for That: the International Business Law Advisor App for the iPhone

Santiago Cueto

29 Mar 2011 | 2:39 pm

We are thrilled with the level of interest that our iPhone App has received. If you are an iPhone user and have not downloaded it yet, be sure to visit the iTunes App Store. Simply enter the text “International Business Law Advisor” and you’re all set! The App is yet another way we can add exceptional value to our readers utilizing cutting edge technology. In addition to keeping our readers up to date, the App allows users to take advantage of the latest social media tools. With the App they can share each blog post with friends and colleagues through email…
Proposed Start-up Visa Promises to Boost Immigrant Entrepreneurs in the U.S.

Santiago Cueto

23 Mar 2011 | 12:17 pm

My grandfather was an immigrant entrepreneur. He came to the United States in the 1940’s. With two young daughters to support, he worked his tail off seven days a week. He could have probably made due working just five days a week. But that was not his plan. The way he figured, the income that came in from those two extra work days would go towards savings--savings that would someday allow him to launch his own business. After a dozen or so years following this well thought-out plan, he launched his own “startup” and would go on to employ an army of workers for the…

Software Licensing Made Simple
Where to Go For Software Negotiation Training?

Jeremy Aber

4 Apr 2011 | 5:40 am

There are many different places to go for negotiations training (in general), but where is a great place for learning about the art of software negotiations with customers, partners, etc. I highly recommend the Program on Negotiations at Harvard. I have attended some of their seminars, read some of their books, and have found that there is no better methodology for software customer and partner negotiations (from the perspective of the software vendor for say their software or SAAS contract negotiations). You ask why the PON is great, well let me elaborate. 1) Software Negotiations are…
3 Things You Must Learn From a Survey of 358 Trade Secret Cases

Jeremy Aber

28 Mar 2011 | 6:48 am

A recent survey of over 358 reported trade secret cases (from 1995-2009) has some great nuggets for every software or SAAS company looking to protect its SAAS trade secrets and software trade secrets (something you should be doing, by the way). Without going into the legal nitty gritty (which I know you want me to skip), here are 3 takeways (after I define ‘trade secret’). Q: What is a Trade Secret? A: Long story short, a trade secret is a business secret that gives you a competitive advantage by remaining secretive. The owner must prove that it took ‘reasonable…
2 Reasons Why You Need an API License Agreement

Jeremy Aber

15 Mar 2011 | 7:38 am

I have been delaying writing a blog post about API licensing, as I could not find a good real world example to go along with the post. Well, Twitter just gave me that real world example, as they recently changed their API license agreement, which caused quite an uproar in the Twitter community. Take a read below, as here are 2 great reasons why software and SAAS companies with an API need an API license agreement (instead of going naked with no agreement). For background purposes, Twitter changed their API licensing terms to further restrict how their API developers use their API (oh…
Linking and the GPL (Technical and Legal Analysis)

Jeremy Aber

10 Mar 2011 | 6:06 pm

I finally found a really useful working paper and law review article written by some European open source attorneys and the Free Software Foundation Europe on linking issues and the GPL license. I thought I would share some of the highlights with you as it is really hard to get some good practical guidance on open source legal issues. As a bonus, this perspective tries to marry the legal analysis with the technical analysis. Take a read! (1) Derivative Work or Compilation (copyleft obligations) Static Linking (GPL’d code combined with your code in one executable at build time)…
Should I Make SHORT-Term or LONG-Term Commitments to My SAAS Customers?

Jeremy Aber

3 Mar 2011 | 6:45 am

Have you thought about which parts of your SAAS customer contract commitments should be a short-term, and which parts should be long-term? Well, if you have not thought about it, then how about we do that now. What Should/Could Be Short Term? The key with SAAS models is that most* are not perpetual (aka forever) models (like a typical software licensing model where the customer receives a perpetual license to the software), so things are supposed to change along the way. The functionality you provide may change, along with the feature set. Oh yea, this is pretty typical and actually expected…

Karasma Media Legal Marketing Blog by Kara Smith
Social Media and Meet-Ups Keep Legal Marketers Connected

Kara

25 Mar 2011 | 3:56 pm

I’ve attended several networking events since moving to Phoenix at the end of January. Recently, I connected to the meet-up group Java & Justice through my membership with the Phoenix Chamber of Commerce. Alex & Gaxiola, Serious Injury and Wrongful Death Attorneys based in Phoenix, have a terrific marketing & internet services manager, Rhonda Robbins , who I’ve become great friends with. Rhonda is an SEO queen, and is also creating some stimulating, “out-in-the-world events for her firm. In speaking with Rhonda, she said that one of Andrew Alex’ primary…
Karasma Media Is Incorporating Nutrician Into The Legal Marketing Conversation

Kara

28 Feb 2011 | 4:13 pm

You may know that I relocated Karasma Media to Phoenix, Arizona about a month ago. I must say, it’s pretty phenomenal being in the midst of mountains and sunshine! I’ve been fairly quiet with my online conversation for the last several months, and I wanted to provide you with some clarity about what’s been going on with me. In January 2010, I looked up and noticed that I put on 50 pounds! Honestly, it was as if I suddenly woke up and someone had played a very mean joke on me… I was always tired regardless of how much sleep I got, stressed, and it seemed like I…
New York’s Kara Smith of Karasma Media is Relocating to Phoenix, Arizona

Kara

13 Jan 2011 | 4:23 am

After 22 wonderful years in New York City, Kara Smith, the principal and founder of Karasma Media is relocating to Phoenix, Arizona. As of Sunday, January 30th, I will be operating out of Phoenix and support New York clients and travel to NY City and other locations from there. In addition to operating Karasma Media, I’m actively searching for a position as a marketing/communications/social media manager and adjunct college teacher and will be getting my certification to tutor elementary & secondary English once I arrive in Arizona. My mother is 82-years old and very active and…
Research papers by Kara Smith of Karasma Media PR, make The Social Science Research Network’s 2010 Top Ten Download List*

Kara

30 Dec 2010 | 10:43 am

I received word today that three graduate research I published on The Social Science Research Network (SSRN ), made their 2010 Top Ten Lists. *UPDATE: I received an e-mail from Gregg Gordon, the President of SSRN early the morning of January 4th, containing the following text: We apologize for sending you one or more incorrect email messages last week. While testing some new functionality, our servers sent “Top Ten” emails to the top one hundred downloaded papers in certain ejournals instead of the top ten. Oh well… I made the top-20 in two categories, and the top 50 in…
New Online Copyright Infringement Laws: How will entrepreneurs be effected?

Kara

9 Dec 2010 | 1:15 pm

Vermont Senator, Patrick Lehey is sponsoring The Coica Bill , “Combating Online Infringements and Counterfeits Act”, aka the internet sensorship bill, a bill that essentially focuses on copyright infringement. However since an enormous amount of noninfringing content, including political and other speech, could disappear off the Web if it passes, it is generating serious concerns about censorship. My friend social & digital media entrepeneur, Rik Willard of Rule 7 Media, LLC, was on CNN this morning discussing his concern about the bill’s enabling guilt to be assigned…

RainmakerLawyer
Are You Worth the Risk?

Dave Lorenzo

6 Apr 2011 | 7:09 pm

When a client comes to you with a problem he is anxious. He may never have faced this kind of situation before. He is worried about losing money, time and/or an opportunity. He knows that hiring the right lawyer is going to be the most important decision he will make toward achieving a favorable result. In short, he is worried about the risk he is taking in selecting you as his lawyer. Overcoming the client’s fear of making a mistake in lawyer selection is the single most important factor in law firm marketing. Most lawyers underestimate the depth of that fear. There…
Law Firm Marketing Means Building Relationships

Dave Lorenzo

29 Mar 2011 | 4:53 pm

How are you? That three word question, when asked with genuine concern, can be a powerful way to start or continue to build a relationship with a client. Unfortunately, most of us ask that question and (subconsciously) hope we don’t get a lengthy answer. Let’s face it, we’ve all had the experience of asking that question of someone at exactly the time when: their dog ran away, their kid failed a math test, they just finished a colonoscopy or they found something unusual on their spouse’s computer. When you get those responses you immediately think: “That’s too much information!”…
What I Failed To Do and What You Can Learn From It

Dave Lorenzo

17 Mar 2011 | 1:43 am

Have you ever felt bad for a client because they said they couldn’t pay you? Ever discounted your fee because the client told you a sob story? Let me tell you about a time I did that and tell you what I learned from it. I had been working with Charlie the tax attorney for about two years. He is a great lawyer – maybe one of the best lawyers in his field in Miami. At the outset of our work, Charlie was the only attorney in his firm and he had a part time administrative assistant who worked with him on Tuesdays and Thursdays. He was billing about $200,000 per year back…
How Did This Happen?

Dave Lorenzo

9 Mar 2011 | 7:40 am

If you spend any time watching the cable news television channels, you will recognize the success strategy they employ. The political leanings of the station are unimportant because they all follow the same formula. The station hires talking heads with impressive credentials and then encourages them to advance extremist theories. They tout their solutions as a panacea for the issues of the day leaving little room for doubt or disagreement. When their candidate makes a decision and it goes bad, the talking heads all shout the phrase: “How did this happen?” It would be…
Is Law Firm Marketing Part of Your Belief System?

Dave Lorenzo

7 Mar 2011 | 2:48 am

“I don’t need marketing. Marketing is for sleazy lawyers who are constantly chasing a buck. I am a professional. As long as I do a good job, clients will find me.” This quote is from a lawyer I went to lunch with last week. He has been practicing for over 20 years. He made a big deal of telling me that I should “reach out to a broader group of people” because “no self-respecting lawyer would hire a consultant to teach him about business strategy or marketing.” About 10 minutes after he imparted his words of wisdom on me he went to pick up…

Mitchell & Culp
Alternatives to “Medical Bankruptcy”

Heather Culp

8 Apr 2011 | 7:51 am

photo by carlos.a.martinez via FlickrWe’ve given this list to people who have no ability to pay for medical services but don’t qualify for Medicaid. Despite promises from health care reform legislation, many provisions of which will not be enacted for a few years, people need help gaining access to medical care NOW.Although medical bills are very often part of a bankruptcy estate, there is no such thing as a “medical bankruptcy.” When you file for bankruptcy protection, your medical creditors are in your filing alongside all the others, including credit cards,…
Struggling to Make Payroll? Consult with a Bankruptcy Attorney

Heather Culp

4 Apr 2011 | 5:02 am

A recent story in Inc. Magazine dished out some useful advice for small business owners struggling to make payroll.Notify your employeesFind methods of financingUtilize available resourcesAvoid staggering the payrollPay tipped employees what they’re owedRestructure your businessWhat the article failed to recommend was a counseling session with a qualified bankruptcy attorney.What can a bankruptcy practitioner do for a business owner who doesn’t want to file for bankruptcy protection? Asset planning and protection strategies. Asset planning refers to either placing assets beyond…
Bankruptcy May Be the Only Way to ModifyYour Mortgage

Heather Culp

30 Mar 2011 | 5:46 am

This opinion piece by economist Paul Krugman about mortgage company shenanigans garnered 463 comments before the NYT closed the comment section. If you are trying to get your mortgage refinance or modified, you’ll find plenty of company among the disgruntled commenters but not much in the way of advice. You need a bankruptcy attorney for that.Dr. Krugman endorses the Oscar-winning film about the 2008 financial crisis, Inside Job, and says recent efforts by attorneys general to force mortgage companies to modify mortgages that make economic sense to both parties are doomed.What to…
Let’s Differentiate Between Business Failure and Personal Failure

Heather Culp

25 Mar 2011 | 1:10 pm

We counsel a lot of business owners whose companies stumble and fall. Sometimes the business needs bankruptcy protection, sometimes the owners do, and sometimes both file for bankruptcy protection.This article from Harvard Business School, while written for larger businesses, some of which get venture capital, there are plenty of takeaways for mom and pops and the self-employed.Business failure statisticsIf your business has failed in any way, the article says you have plenty of company:30-40% of businesses liquidate all assets, with investors losing most or all the money they put into the…
Reorganizing a Small Business’s Finances

Richard Mitchell

21 Mar 2011 | 8:21 am

We frequently advise clients who own a small business and find themselves unable to pay either their personal debts, or those of the company.Some of the company’s debts may be personally guaranteed by the individual owner(s). These clients often want to discuss filing a personal bankruptcy in order to deal with their own debts, and also want to file a bankruptcy for their business in order to deal with the company’s debts.Chapter 11 and 13 are two bankruptcy options for business ownersThese business owners need financial reorganization strategies. While Chapter 11 and Chapter 13 are…

Compliance Building
Compliance Bits and Pieces – UK Bribery Act Edition

Doug Cornelius

8 Apr 2011 | 5:00 am

With the recent release of the Guidance under the UK Bribery Act, I decided to pull together some other stories: Howard Sklar decided to start from the back of the guidance and give his thoughts on the case studies: Case Study #1: Facilitation Payments< Case Study #2 Case Study #3: Junior Varsity…I Mean, JVs Case Study #4: Hospitality Case Study #5: Great Job! From Securities Docket, Avoiding Prosecution Under the UK Bribery Act-Playing Offense and Defense, including Vivian Robinson, Q.C. discussing the position of the UK’s Serious fraud office. Bribery Act in force from July…
Report on SEC Referrals to Enforcement

Doug Cornelius

7 Apr 2011 | 5:00 am

For a registered investment adviser, it’s okay to have the SEC’s Office of Compliance Inspections and Examinations visit you. It’s a big problem if the enforcement division visit. OCIE will issue a deficiency letter asking you to fix any deficiencies it finds. If your noncompliance is serious or the examiners think investor funds are at risk, OCIE can refer the case to the enforcement division. We get to see how well this referral process works as part of a recent Inspector General Report: OCIE Regional Offices’ Referrals to Enforcement (.pdf) This report was triggered by…
The SEC’s Asset Management Unit

Doug Cornelius

6 Apr 2011 | 5:00 am

Yesterday, Bruce Carton of Securities Docket hosted a webinar: The SEC’s Asset Management Unit and Strategies for Avoiding Trouble in 2011 and Beyond. He managed to get Bruce Karpati, the co-head of the SEC’s Asset Management unit, to participate. Also joining the presentation were John Reed Stark, Managing Director of Stroz Friedberg and former Chief, SEC Office of Internet Enforcement; and Bradley J. Bondi, a litigation partner at Cadwalader, Wickersham & Taft LLP and former counsel to SEC Commissioners Troy Paredes and Paul Atkins for enforcement matters. The SEC’s Asset…
Pay for Performance from Future Fund Flows

Doug Cornelius

5 Apr 2011 | 5:00 am

Michael Weisbach Professor and Ralph W. Kurtz Chair in Finance at The Ohio State University, and his colleagues, Ji-Woong Chung, Berk A. Sensoy and Léa H. Stern, are looking a the effect of the pay for performance at private equity funds. One hand, there is the current income from management fees and a percentage of the profit earned by the fund. On the other hand, there is the potential future income from future funds. A fund sponsor’s lifetime income can be as dependent on the ability to raise capital in the future as it is for the income on capital currently under management. A fund…
SEC Answers Questions About the Pay to Play Rule

Doug Cornelius

4 Apr 2011 | 5:00 am

The staff of the Division of Investment Management at the Securities and Exchange Commission has prepared responses to some questions about Rule 206(4)-5 under the Investment Advisers Act of 1940. Here are a few that caught my eye: Question II.6. Covered Associates’ Family Members. Q: Are contributions by an advisory employee’s family members covered under the rule? A: Generally not. However, rule 206(4)-5 and section 208(d) of the Advisers Act prohibit doing anything indirectly which would be prohibited if done directly (see rule 206(4)-5(d)). Question II.7. Independent Contractors. Q:…

Texas Wills and Trusts Law Online
Wacky Wednesday: Wills That Make You Go “Hmmm…” – Jeremy Betham

Rania Combs

6 Apr 2011 | 7:30 am

NB: This post is part of a series highlighting wills that contain some interesting, and sometimes bizarre, bequests and stipulations. You can see all these posts here. Jeremy Bentham, an English philosopher who died in 1832, included a very bizarre stipulation in his will. He gave his body to his friend, Dr. Thomas Southwood Smith, instructing him to preserve his body and position it in such a manner that the whole figure could be seated in the chair he sat in while living. After Dr. Smith had completed this process, he was to turn over control of the body to Jeremy Bentham’s executor,…
Writing a Letter of Intent for Child With Special Needs

Rania Combs

4 Apr 2011 | 7:30 am

Every parent worries about whether their children will be well cared for if tragedy strikes. But the worries are compounded for parents of children with special needs who lack the capacity to communicate their needs to caregivers. As a parent of a special needs child, you know their needs and desires, likes and dislikes and information relating to the care and services they are receiving. But what happens if you are no longer living? How can you ensure that your disabled child will be well cared for by the person who assumes the role of their guardian when you’re gone? Although a Special…
How Long Do I Have to Contest a Will?

Rania Combs

28 Mar 2011 | 7:30 am

Section 93 of the Texas Probate Code provides that “After a will has been admitted to probate, any interested person my institute suit in the proper court to contest the validity thereof, within two years after such will shall have been admitted to probate, and not afterward…” There are two exceptions to the general rule: If the contest is based on forgery or fraud, the Will can be contested for up to two years after the forgery or fraud is discovered. If the person contesting the will was incapacitated by law, such as if he or she was a minor at the time the will was…
Can A Parent Appoint A Guardian For An Incapacitated Adult Child ?

Rania Combs

21 Mar 2011 | 7:30 am

The thing that worries most parents about dying is typically not what will happen to their stuff. It’s who will take care of their kids. And the worries are compounded for parents of children with special needs who may need a guardian throughout their lives. You know your child’s personality, temperament, fears, likes and dislikes better than anyone else. So you are in the best position to choose the person who will to serve as your child’s guardian. The Texas Probate Code provides that if you are the parent and guardian of an incapacitated adult child, you can, either by will or…
Does the Absence of a Self-Proving Affidavit Invalidate a Will?

Rania Combs

14 Mar 2011 | 7:10 am

Texas recognizes two types of written wills: An attested will is the most common type of Last Will and Testament. To be valid, it must be in writing, signed by you, or another person at your direction and in your presence, and attested in your presence by at least two credible witnesses over the age of 14. A holographic will that must be written completely in your own handwriting, and signed by you. There is no requirement that it be signed by any witnesses. The Texas Probate Code provides the person making a will with the option of adding a self-proving affidavit to the will. A self proving…

UsefulArts.us
The Best Social Media Policy Guidelines May Be From Oz

Dave Wieneke

6 Apr 2011 | 10:04 pm

If anyone can get social media policy right, it will be the Australians. They have every reason to do so. Australia is an expansive continent with many remote populations. It’s distant from Western hubs of influence. Being plugged in is a necessity. It’s a culture that adores sociability. So there are many incentives to create policies that encourage excellent social media use. Good social media policy does three things: Affirms what staff can do, and defines what social media is. Influences staff to use social media responsibly. Provides a basis for enforcement against bad…
Good Morning New York…Ramp Up Your Digital IQ Tonight!

Dave Wieneke

5 Apr 2011 | 3:01 am

There’s something about starting the day in New York. I’m doing some groundwork for a possible book based on this blog. And tonight I will be sharing the stage with two fantastic figures in digital marketing. I’m joining Brian B. Jones, the COO and creative lead of Crystal McKenzie, an emerging marcom titan. Our host is Brett Barndt, a fellow Thomson alum, who previously drove sales and marketing at Citicorp. And we’ll be with an after-work crowd of revenue marketers for a few hours of roll-up-your-sleeves planning to help everyone take their business up a rung. While…
What Google +1 Means for Digital Marketers and Google’s Future

Dave Wieneke

1 Apr 2011 | 8:06 am

Google +1 is the critical priority of the year for our friends at Google. Accordingly, they’ve invested their most prized asset in this effort: space on every single paid and organic search result. (To get a quick explanation of +1, see the video below.) Why So Much Urgency? I see two large drivers for the urgency behind this launch, which makes this akin to Apple launching a new iPad. Google is Desperate to Be a Social Platform Google has tried a series of social initiatives: starring results, blocking results, side-wiki and Google Buzz, but none have achieved mass success. Twitter,…
Arnold Advertising Welcomes Modernista! Talent (en masse)

Dave Wieneke

31 Mar 2011 | 5:14 am

Andrew Benett, the Global CEO of Arnold Advertising sent around an announcement yesterday that a busload of digital advertising leaders from Modernista! have just arrived for their new jobs at Arnold. As someone who follows digital agency news daily, this is a represents a shift in Boston’s digital scene. I’m amazed to realize this, but turns out my relationship with Arnold (& co) goes back twenty years. Back in the 1990′s, I had the pleasure of having Ed Eskandarian as a board member. Along with him came all the resources of what was then the largest ad firm north…
How Mobile Shopping is Reinventing the Shopping Experience

Dave Wieneke

28 Mar 2011 | 2:43 am

This post by Dave Wieneke was recently published on the Econsultancy blog. (Come by and have a look!) ——— Thanks to portability and the ease of use that touch-screen technology has brought to smart phones and tablets, retailers are seeing mobile shopping skyrocket. Mobile commerce (m-commerce) sales in the US in 2008 were $400 million (Source: Mobile Commerce Daily). That number quadrupled to $1.20 billion in 2009. And then doubled to $3.4 billionin 2010 (Source: ABI Research). Growth for 2011 will be nothing but “explosive.” Who’s Riding the M-commerce Train…

A Connecticut Law Blog
Thoughts On “The Bysiewicz Bill”

Ryan McKeen

6 Apr 2011 | 8:45 am

The Courant’s Daniela Altimari is reporting that the Judiciary Committee is going to take up a bill that would alter the requirements to serve as attorney general. Last year, in Bysiewicz v. DiNardo the Connecticut Supreme Court found that a candidate for attorney general must have 10 years of practice with at least some of it being litigation and perhaps trial practice. The Court left open the question of how much experience was necessary and just concluded that Bysiewicz who admitted to having no litigation experience did not meet the statutory requirements. Thus, the Court provided…
Is It Malpractice To Fail To Challenge Documents In A Foreclosure?

Ryan McKeen

4 Apr 2011 | 5:57 am

After watching this powerful 60 minutes piece, I think the answer is “yes”. The bottom line is if you are facing foreclosure don’t put your head in the sand – seek counsel from a lawyer. The problem with mortgage documents is so bad that the head of the FDIC is proposing the creation of billion dollar insurance fund to deal with the fiasco. Forged and illegal documents are such a problem that they pose a significant threat to the broader economy. If you’re at all involved in real estate litigation or foreclosure click here to watch an excellent 60 minutes…
Jepsen On AT&T – T-Mobile Merger

Ryan McKeen

30 Mar 2011 | 12:13 pm

“A merger of this magnitude, especially in an already concentrated market, will naturally be scrutinized for competitive ramifications. I have no doubt that the Department of Justice and the Federal Communications Commission will be investigating the deal for its competitive impact. We will be in communication with the federal government, and with any state undertaking a review, to ensure to our satisfaction that the matter is being appropriately investigated and the interests of Connecticut consumers are protected.”
2011 Baseball Predictions

Ryan McKeen

30 Mar 2011 | 10:00 am

I did pretty well with last year’s predictions (aside from predicting a duck boat parade in Boston). "'04 + '07 = '11" There’s nothing as foolish as trying to pick a 162 game baseball season. But that didn’t stop me from trying. For the 3rd straight year I’ve picked Lester to win the Cy Young and Boston to win the World Series. Guess what? This year, I’m right. Duck boats. There will be duck boats. Schwartz and Gideon are sure to disagree. Perhaps Dan Fitzgerald can shed some insight. But I challenge you and them to best my predictions.
Why The Judicial Branch Numbers Matter

Ryan McKeen

29 Mar 2011 | 6:37 am

The Hanging Shad has clarified his original post regarding a 38% increase in judicial branch employees over the past 10 years. Colin McEnroe has written about the “reverse funnel effect” in the blogosphere. For the most part the blogosphere is a giant echo chamber comprised of persons with broadband access commenting on the work of others. Sometimes, the blogosphere breaks a story that gets picked up on by traditional media. Last week, the Shad’s story on the increase in legislative employees got picked up by several traditional news outlets and resulted in editorials.

Legally India - News for Lawyers
No more Britisher ‘lordships’, P&H bar to call judges ‘your honour’

Neha Chauhan

8 Apr 2011 | 4:21 am

The Punjab and Haryana Bar Association (PHBA) has resolved to dispense with the practice of addressing judges as “my lord” or “your lordship” because of the terms’ colonial associations, substituting the more liberal American title “your honour”.
JSA, Dua manage $135m Fisher Sanmar JV buy-out

Neha Chauhan

8 Apr 2011 | 3:06 am

no summary
Tuli & Co promotes one, now 5 partners with insurance bent

Neha Chauhan

8 Apr 2011 | 2:07 am

Insurance specialist firm Tuli & Co has elevated Celia Jenkins to partner, growing its partnership to five including two promotions last year.
Earlybird record: Luthra, Khaitan on top as 7 firms hire 29 NLS 2012 grads

Kian Ganz

7 Apr 2011 | 7:50 am

Exclusive: Seven law firms have swooped on NLSIU Bangalore campus and students earlier than ever, with 29 students due to graduate in 2012 having accepted law firm jobs.
How IMAX 3D cinemas will come to PVR India (with Luthra & Luthra)

Neha Chauhan

7 Apr 2011 | 12:19 am

Luthra & Luthra has advised Indian multiplex owner PVR Cinemas on its collaboration with Canadian entertainment technology company IMAX Corporation to install and maintain state-of-the-art IMAX theatre systems, which was advised by Agarwal Jetley & Company.

Liberty and Justice for Y'all
Are You Destroying Your Witness's Credibility?

B.W. Barnett

8 Apr 2011 | 7:44 am

by Elliott Wilcox Facts, by themselves, aren't enough to win your case. You can't just dump a pile of unorganized facts on the jury and expect that they'll reach the right verdict. How you organize your facts will affect the jurors' views about your case and can even change the outcome of your trial. One of the easiest ways to shape the jurors' views about your case is to take advantage of a theory called “primacy.” Psychology professor William D. Crano defined a primacy effect as when “the message presented first exerts a disproportionate impact on an individual's opinion.”…
Pleading a Tautology

B.W. Barnett

7 Apr 2011 | 5:55 am

Yesterday, the Court of Criminal Appeals handed down State v. Rodriguez, a case in which the State appealed the lower court decision setting aside the information (charging document) for failure to plead an offense. The State charged Roman Rodriguez under section 42.12 of the Texas Penal Code for recklessly discharging a firearm inside city limits. The information alleged that the defendant recklessly discharged a firearm by pulling the trigger on a firearm which contained ammunition and was operable.Upholding the 4th District Court of Appeals (San Antonio), the CCA held that the charge was…
A Proper Voir Dire Question

B.W. Barnett

5 Apr 2011 | 10:13 am

When conducting voir dire of prospective jurors (the venire panel), Texas law says that a lawyer cannot ask a “commitment question.” The Texas Court of Criminal Appeals defines a “commitment question” as a question that commits a prospective juror to resolve or to refrain from resolving an issue a certain way after learning of a particular fact. Commitment questions are impermissible unless the law requires a commitment, and the law does not require a commitment on what facts a juror will consider during sentencing. The CCA also cautions, however, that “a trial court abuses its…
What's in a Name?

B.W. Barnett

1 Apr 2011 | 5:08 am

Last year I wrote about Byrd v. State, a case out of the 4th District Court of Appeals (San Antonio). In Byrd, the state charged appellant with theft of certain property from owner “Mike Morales.” At trial, however, the State did not prove, in any way whatsoever, that the property belonged to Mike Morales. The overwhelming proof showed that the property, in fact, belonged to Wal-Mart. On appeal, appellant argued the the evidence was insufficient because the State did not prove that the property belonged to Mike Morales. The 4th Court disagreed, holding that the name of the owner was not…
One Need Not Be Present to Be Robbed

B.W. Barnett

29 Mar 2011 | 9:39 am

The Texas Court of Criminal Appeals released an opinion this month in a case where a man entered a convenience store brandishing a rifle. When the man looked around, however, he noticed that there wasn’t anyone in the store. The store clerk was in the back office watching the man on the security camera. When the clerk saw the man enter the store, he locked the office and called 911. Unable to open the cash register, the "robber" stole the clerk’s wallet and some money that was behind the counter. The "robber" never saw anyone inside the store. Then he left. The man was later charged…

An Associate's Mind
Then Again, Maybe Wikipedia IS a Proper Legal Authority

Keith Lee

6 Apr 2011 | 6:38 am

Surprise, surprise, Courts seem to be split on the issue of whether or not Wikipedia is a proper legal source. In the previous post, people were discussing this link on Wikipedia: Which is a listing of holdings from Courts that have cited Wikipedia in various countries, including the United States. So I started digging through them and found what seems to be the most thorough treatment of Wikipedia as a proper legal source to date. From S.D.N.Y. Alfa Co. v. OAO Alfa Bank (PDF link to holding) The relevant discussion is on pages 7 to 12, Reliability of Internet Sources. It’s much…
Reminder From Fed. Dist. Court: Wikipedia is Not a Proper Legal Authority

Keith Lee

5 Apr 2011 | 12:35 pm

Just saw this over at Legal Writing Prof Blog. The court notes here that defense counsel appears to have cobbled much of his statement of the law governing ineffective assistance of counsel claims by cutting and pasting, without citation, from the Wikipedia web site. Compare Supplemental to Motion for New Trial (DN 199) at 18-19 with http://en.wikipedia.org/wiki/Strickland_v._Washington (last visited Feb. 9, 2011). The court reminds counsel that such cutting and pasting, without attribution, is plagiarism. The court also brings to counsel’s attention Rule 8.4 of the Kentucky Rules of…
Lawyers: You’re Being Played By Twitter

Keith Lee

4 Apr 2011 | 6:23 am

There doesn’t seem to be much available out there about Social Media (SM) from a game theory perspective that is accessible to regular users as opposed to designers or math-types. Certainly not for the legal crowd. Many in the online legal world are generally unaware of the concept and how it applies to the functioning of Social Media. As such, I thought I would give it a brief treatment that will (hopefully) be accessible to most people. It should demonstrate why lawyers, or anyone really, are easily seduced by Social Media and readily engage in the activity without really understating: A)…
Clausewitz and Machiavelli – On Litigation

Keith Lee

29 Mar 2011 | 9:02 am

Yesterday afternoon while I was lifting weights (yes, I have my iPhone at the gym. I check on Twitter while resting between sets), I saw a tweet from ElieNYC in regards to the United States’ third Middle Eastern adventure: Is it that the Powell Doctrine of overwhelming force makes too much sense? Like, there’s no glory in only engaging in conflicts you can win? I responded with: Clausewitz had it right back in the 1800s. Total War, or nothing. Of course, “media sensitivity” changes things. Yes, I referenced Carl von Clausewitz’s On War off the top of…
Perfect Retirement v. Probable Retirement (Illustrated)

Keith Lee

28 Mar 2011 | 8:27 am

Pop Economics has a great post up today about effectively saving for retirement. I am going to blatantly steal his two images and then encourage you to go read his post. “Perfect Retirement” “Probable Retirement” If you’re a new associate out there, don’t fall in love with your salary and fall into a rut of “spend it as you get it.” We’re all in a marathon, not a sprint. Take time to review your finances quarterly, save for retirement, plan for the future. Not doing so will turn your perfect retirement into the probably one above. Now go…

Smarter Will
Personal Guardian Rules and Avoidance

Smarter Will Team

30 Mar 2011 | 3:00 am

You've heard us say it before: advance directives are for all adults, young and old. While the older we get, the more likely we are to become incapacitated, it can happen at any point in our lives. And it isn't necessarily caused by illness or an accident. Drugs or behavior problems, for instance, can contribute to a person’s inability to take care of his or herself, whether temporarily or not. Once someone reaches 18 years of age, they are presumed to be able to handle their own affairs (and, therefore, only a formally appointed personal guardian can legally handle their affairs…
National Healthcare Decision Day

admin

22 Mar 2011 | 1:22 pm

Be a Healthcare Decision Super Hero April 16, 2011, is National Healthcare Decision Day. To honor the event, Smarter Will is donating $5 to Imerman Angels for each Smarter Will Pack™ sold through April 2011*. Imerman Angels is a 1-on-1 cancer support organization based in Chicago, connecting cancer fighters, survivors and caregivers. Choosing to take control of your legacy today by purchasing a Smarter Will Pack could empower others–perhaps even someone you know–who is facing the battle of their lives. Get Started with a Smarter Will Pack™ We’re also honoring…
What is a Life Estate?

Smarter Will Team

16 Mar 2011 | 5:00 am

A life estate is property that is owned by an individual only through the duration of his or her lifetime. When the individual dies, the ‘estate’ (or real property) is returned to the original owner or the other people named in the life estate agreement (called ‘remaindermen’). Think of a life estate as a temporary ownership agreement. When would you want to consider a life estate arrangement? The estate planning tool usually comes into play when there is a desire to pass down real property–like a family home–to specific heirs without excessive probate and other legal…
Should I Update My Will?

Smarter Will Team

2 Mar 2011 | 6:55 am

This week, we’re highlighting questions from our Smarter Will community—here at the blog, on our Facebook page, on Twitter, and in person. At the heart of each question we’re featuring today: “Should I update my will?” The answer depends on your unique situation and the state in which you live. Below is guidance from the Smarter Will team to get you started. 1. “I’ve had another child since my will was drafted. Do I need to update my will, or will my guardianship and inheritance preferences apply automatically to my younger child?” Wills are very specific. When you fill out a…
When Someone Dies: The Probate Process

Smarter Will Team

23 Feb 2011 | 6:00 am

Losing a loved one is something no one should have to endure and, yet, it's something we will all certainly face in our lifetimes. The grief alone when someone dies can consume you but so can funeral arrangements and legal matters. The key to managing the details is by planning ahead. When someone dies, a court process called probate begins immediately. At this time, legal statutes go into effect mandating what must be done regarding the estate. Probate is handled by the county in which the deceased lived (in the Chicago area that would be Cook, Lake, Kendall, DuPage, etc.). Here are some…

Dangerous Drugs
Zoloft Birth Defect Lawyer – I’m now reviewing potential cases

Justinian

20 Mar 2011 | 12:50 pm

It’s been known for quite some time that Paxil can lead to terrible birth defects, particularly in an infant’s heart. Doctors are now recognizing that other antidepressants, such as Zoloft, can also cause birth defects. I’m currently reviewing potential cases of children who were born with birth defects after their mother took Zoloft during pregnancy. SSRI drugs like Zoloft are strongly associated with heart defects, skull defects, low birth weight and premature babies, PPH, and other serious illnesses. If you took Zoloft during your pregnancy and your child has a birth…
Topamax Birth Defect Lawyer – I Am Now Reviewing Cases

Justinian

15 Mar 2011 | 1:28 pm

Evidence is mounting that Topamax causes certain types of birth defects, such as cleft palates and cleft lips. The FDA recently updated the Topamax label to reflect the now-recognized risk that Topamax can cause birth defects. As I wrote at another Topamax lawyer blog, The FDA classifies drugs according to whether or not they pose a risk of causing birth defects. Topamax was initially in Category C, meaning that studies showed a risk of birth defects in animals, but there was insufficient evidence in humans. The FDA has now moved Topamax to Category D, which means there is positive evidence…
Big pharma takes pages out of asbestos playbook.

Justinian

14 Jan 2011 | 11:41 am

Can you trust your advocacy organization to disclose their ties to big pharma? Looks like there’s only a one-in-four chance that you can. The study analyzed data from Eli Lilly & Co. from the first half of 2007 and found that only 25 percent of 161 organizations disclosed funding from the drug giant on their Web sites. Just 18 percent acknowledged Lilly’s grants in their annual reports, and 1 percent listed Lilly on a corporate sponsors page. Source: Advocacy groups fail to disclose drug company funding, a new study finds – chicagotribune.com I see disturbing parallels…
Supreme Court To Decide Generic Drug Preemption Issue After All

Justinian

12 Dec 2010 | 3:05 pm

I’ve been engrossed in a mesothelioma trial and have fallen behind in blogging. Frequent readers will snarkily note that this is not an uncommon occurrence. However, there has been a major development in generic pharmaceutical litigation. The Supreme Court has granted certiorari (that means accepted) in three Reglan lawsuits. If the Supreme Court rules in favor of the Reglan manufacturers, Reglan litigation will basically disappear. More importantly, so will most litigation regarding failure-to-warn claims against manufacturers of generic drugs. In the Mensing case, the question the Court…
Drug Company Was “Prison Raped” At Hepatitis Trial

Justinian

8 Nov 2010 | 6:34 pm

The editorial below discusses the $1 billion dollar verdict against drug companies Teva and Baxter. Said one lawyer requesting anonymity, “The defense counsel will get absolutely railroaded by Judge Walsh, and when I say railroaded, I mean prison raped.” Those of us out here in the cheap seats were under the impression hepatitis was spread through previously used needles and Desai and/or his managers ordered employees to re-use needles as a way of saving money. The jury wasn’t allowed to hear such allegations during the first trial. Walsh said the defendants were not…

Lawyerist
Top Lawyerist Posts: Week of April 10, 2011

Lawyerist

10 Apr 2011 | 4:00 am

In case you missed any of them, here are our most popular posts from the past week: Dropbox Mobile App Security Issue An Alternative Career Doesn’t Mean You Can’t Call Yourself A Lawyer How to Break a Good Old Boy Network Build a WordPress Website for Under $300 Clean Up Your Office to Make a [...]--------------------- Top Lawyerist Posts: Week of April 10, 2011 is a post from the law practice blog: Lawyerist
Do You Use Dictation? (Poll)

Lawyerist

9 Apr 2011 | 4:00 am

Thanks for checking in on our ongoing Lawyerist poll series. We use these weekly polls to get your feedback on both the posts we write and how we manage the site. Your participation helps us improve our work and make it more valuable to you. We talk so much about new-fangled legal technology on Lawyerist [...]--------------------- Do You Use Dictation? (Poll) is a post from the law practice blog: Lawyerist
Weekend Project: 30-Minute WordPress Setup Guide

Sam Glover

8 Apr 2011 | 10:00 am

Our fresh LAB Report, the 30-Minute WordPress Setup Guide, will walk you through the process of setting up a brand-new website built on the reliable and easy-to-use WordPress framework. Click here to buy the 30-Minute WordPress Setup Guide for $5, or read on for more information. WordPress powers Lawyerist, Lawyerist LAB, and thousands of websites, [...]--------------------- Weekend Project: 30-Minute WordPress Setup Guide is a post from the law practice blog: Lawyerist
New Lawyerist Insider Newsletter on Monday, April 11, 2011—Sign Up Now

Lawyerist

8 Apr 2011 | 8:50 am

Want to join our community of over 3,500 savvy legal professionals who subscribe to our free weekly Lawyerist Insider newsletter to share advice and ideas and shape the future of Lawyerist? On Monday we will be sending out our newest issue with unique, valuable content available only to Lawyerist Insider newsletter subscribers, including exclusive preview [...]--------------------- New Lawyerist Insider Newsletter on Monday, April 11, 2011—Sign Up Now is a post from the law practice blog: Lawyerist
Use Taskforce with Gmail to Increase Productivity

Randall Ryder

8 Apr 2011 | 4:00 am

There are plenty of different methods of organizing your day—a calendar, practice management software, or creating your own workplan. The bottom line is that you should use whatever works for you. If you like to organize your day based around your Gmail account, try using Taskforce. How does it work? Taskforce is a free extension [...]--------------------- Use Taskforce with Gmail to Increase Productivity is a post from the law practice blog: Lawyerist

Internet Cases
MySpace evidence was inadmissible hearsay

Evan Brown (@internetcases)

8 Apr 2011 | 4:00 am

Musgrove v. Helms, 2011 WL 1225672 (Ohio App. 2 Dist. April 1, 2011) An Ohio domestic relations court ordered an ex-wife to pay her ex-husband child support. Based on evidence that the ex-wife’s income had increased, the court increased the amount of support she had to pay. One of the pieces of evidence the court relied on was information from the ex-wife’s MySpace page where she had stated her income was “less than $30,000.” (This comported with other evidence suggesting her income was around $29,000). The ex-wife sought review of the order increasing child support…
Court says law firm did not eavesdrop on employee phone calls

Evan Brown (@internetcases)

7 Apr 2011 | 2:00 am

Bowden v. Kirkland & Ellis, 2011 WL 1211555 (7th Cir. April 1, 2011) Two former employees of a law firm sued the firm for violation of the Electronic Communications Privacy Act, 18 USC 2510 et seq. and for violation of the Illinois Eavesdropping Act, 720 ILCS 5/14-2. The district court granted summary judgment in favor of the law firm. The former employees sought review with the Seventh Circuit. On appeal, the court affirmed the grant of summary judgment. The court held that the former employees’ evidence of eavesdropping raised no more than a “theoretical possibility”…
Do certain mobile apps violate the Computer Fraud and Abuse Act?

Evan Brown (@internetcases)

5 Apr 2011 | 9:33 pm

[This is a guest post by attorney Caroline Belich. Caroline is a Chicago native, former Michigan State volleyball player, and recent admitee to the California bar with particular interest in the First Amendment.] According to the Wall Street Journal and other sources, federal prosecutors in New Jersey are investigating whether certain mobile applications for smartphones have illegally obtained or transmitted information about their users. Part of the criminal investigation is to determine whether these app makers made appropriate disclosures to users about how and why their personal…
Amazon and other booksellers off the hook for sale of Obama drug use book

Evan Brown (@internetcases)

4 Apr 2011 | 9:46 pm

Section 230 of the Communications Decency Act shields Amazon, Barnes & Noble and Books-A-Million from some, but not all claims brought over promotion and sale of scandalous book about presidential candidate. Parisi v. Sinclair, — F.Supp.2d —, 2011 WL 1206193 (D.D.C. March 31, 2011) In 2008, Larry Sinclair made the ultra-scandalous claim that he had done drugs and engaged in sexual activity with then-presidential candidate Barack Obama. Daniel Parisi, owner of the infamous Whitehouse.com website, challenged Sinclair to take a polygraph test. Not satisfied with the attention…
Sexting minor’s lawsuit against website moves forward despite her violation of federal law

Evan Brown (@internetcases)

2 Apr 2011 | 8:59 pm

Doe v. Peterson, 2011 WL 1120172 (E.D.Mich. March 24, 2011) When plaintiff Jane Doe was seventeen years old, she took some nude photos of herself and sent them over the internet to her boyfriend. Somehow the photos ended up on an adult website owned by defendants. Doe brought a civil cause of action against defendants for violation of the federal child pornography laws and for intrusion upon seclusion, public disclosure of private facts, intentional infliction of emotional distress, and negligence. The defendants pled an interesting affirmative defense to Doe’s claims — in pari…

New York Personal Injury Law Blog
Lawyers and Advertising (The New Frontier)

Eric Turkewitz

5 Apr 2011 | 7:25 am

I broach the subject of lawyer advertising every so often, because there seems to be so many different things to write on the subject. It covers constitutional law, ethics and plain old good (bad) taste. Ethics and constitutional issues butted heads in recent years over New York’s new attorney advertising rules, which went up to the Second Circuit in Alexander v. Cahill, about which I’ve written often as it tracked its way through the judicial system. Ethics also comes into play with deception, as evidenced by one Joseph Rakofsky, a New York lawyer with scant experience, but…
April Fool’s Day Deconstruction (A 23-Blog Conspiracy)

Eric Turkewitz

2 Apr 2011 | 4:23 am

Is it April 2nd already? It shouldn’t be legal. To have so much fun. OK, so today is April 2nd and that means a deconstruction of the April Fool’s Day hoax on this blog, and as it happens, the blogs of 22 others. I had one big problem in doing an April Fool’s joke, of course, that I discussed in the set-up for the posting: If people are looking at this site to see what stunt I will pull, based on my past April Fool’s Day conduct, how will I hoodwink anyone? Doesn’t a prank work best when it’s unexpected? Answer: Divert the readers to let the hoax play out…
NYT Gets Punked Again on April Fool’s Day (But not by me)

Eric Turkewitz

1 Apr 2011 | 4:00 am

Oy. Again Gray Lady? It didn’t seem to take that long, though I guess that’s old media for you. The Times got suckered again on April Fool’s Day. And it was just before bed last night that I wrote: But, fear not, someplace out there on the web there are hoaxsters and pranksters of all stripes, and someplace, somewhere some folks will get gotten either because they weren’t wary, or if the gag is good enough, despite it. Despite being punked twice last year by April Fool’s gags, and despite even doing that editorial mea culpa on the subject, the New York Times…
April Fool’s Day is Here (Sorry, No Joke Today)

Eric Turkewitz

31 Mar 2011 | 9:02 pm

I’ve got a small problem this April Fool’s Day. Each of the last three years I’ve run a gag. I started with a decent one about the Supreme Court and fantasy baseball that nabbed a bunch of people who didn’t see it coming here, and followed up a year later with a lame one about selling this blog on eBay. But last year, when the gag snagged the New York Times with that bit about me being appointed White House law blogger, I also learned something else; readers were actually checking in that morning to see what kind of stunt I would pull. How early did they check in?
Drug Thefts Go Big

Eric Turkewitz

31 Mar 2011 | 7:22 am

Over the years, I’ve written a number of postings about how pharmaceuticals are distributed in the United States, based on my interest after handling a counterfeit drug case from 2002. That case, involving 16-year-old liver transplant patient Timothy Fagan from Long Island who was injected with counterfeit Epogen, resulted in significant changes in the way pharmaceuticals are bought and sold in this country by multibillion dollar businesses, and supposed safeguards on who can buy and sell. (You can read more on it at the counterfeit drugs resource page at my web site, which I…

The Probate Lawyer Blog: Famous Fortune Fights!
Will Elizabeth Taylor's Family Fight Over Her Fortune?

Andrew & Danielle Mayoras

27 Mar 2011 | 5:36 pm

Widely recognized as one of the best and most popular actresses of all times, Elizabeth Taylor’s death this week at the age of 79 caused great sadness throughout Hollywood — and indeed the whole world. Given her success, both on the screen and off, perhaps it should be no surprise that Elizabeth Taylor’s fortune has just been estimated to be worth as much as one billion dollars. Why so much? Certainly movie royalties alone could not account for that kind of value in her estate. Instead, as ABC News recently reported, her perfume and other business ventures were groundbreaking and…
Gary Coleman's Ex-Wife Wants His Ashes For Her Neck

Andrew & Danielle Mayoras

17 Mar 2011 | 1:04 pm

Shannon Price and Gary Coleman enjoyed a brief, but love-filled marriage until they divorced in 2008. How do we know it was so loving? Because, according to Price, they remained together as common-law husband and wife, even after they divorced. That's right, she says they lived together, enjoyed marital relations, and considered themselves to be a married couple until Coleman passed away at age 42 on May 28, 2010. Utah is one of the few states that permits common-law marriages.And whether they truly were a common-law married couple is the focus of the estate fight currently brewing…
Dennis Hopper's Widow Turns Divorce Battle into New Lawsuit

Andrew & Danielle Mayoras

8 Mar 2011 | 5:53 pm

The divorce contest between the late Dennis Hopper and his wife, Victoria Duffy-Hopper, was ugly when he was alive. It’s turned even uglier since he’s passed away. Duffy-Hopper dropped a new bomb on the children of the Easy Rider star, and the Trustees of his Trust, by filing two new lawsuits recently in Superior Court for the County of Los Angeles. In the cases, she claims that his children wrongfully forced her to move out of Hopper’s house, so they could grab a bigger inheritance at her expense. She alleges Marin Hopper, one of Hopper’s children from a prior marriage,…
What Should Be Done About Charlie Sheen's Crazy Behavior?

Andrew & Danielle Mayoras

8 Mar 2011 | 5:52 pm

Danielle and Andy Mayoras of Trial & Heirs discuss in this video the legal avenues that Charlie Sheen's family may have to take to protect him, given his recent erratic and wild behavior. Does he need a conservatorship? Or is something even more drastic necessary? By Andy and Danielle Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights!, husband-and-wife legacy expert attorneys, and hosts of an upcoming national PBS special. The charismatic duo has appeared on the Rachael Ray Show, Forbes, ABC's Live Well Network, WGN-TV and has lent their expertise and analysis to…
Mickey Rooney says his stepson is abusing him

Andrew & Danielle Mayoras

27 Feb 2011 | 5:39 pm

Famed 90-year-old actor Mickey Rooney, who has won an Oscar, Emmy and a Golden Globe, now plays a much sadder role. It's one that is far more common than most people realize. Mickey Rooney says he has been a victim of elder abuse at the hands of his stepson, who has made him a prisoner in his own home. In a recent court filing, Rooney alleges that the stepson, Chris Aber, along with Aber's wife, have taken control of his finances, intercepted his mail and even forced him to do performances he did not wish to do. Rooney says they've also drained almost $400,000 from his bank accounts…

Military Underdog
It’s All About Your Brand

Eric

7 Apr 2011 | 4:26 am

Morgan Spurlock is not afraid to put himself at risk of great personal injury/discomfort for your education and amusement. Similarly, I am not afraid to put you at risk of great personal injury/discomfort for my education and amusement. So, embrace transparency. Show yourself. Demonstrate your mettle. Take a chance. Be honest. Work your ass off, and let people see what you do. Stop hiding behind mahogany desks in some cookie-cutter highrise. The best marketing strategy and brand is to be honest, prioritize the things that really matter (clients), and work hard. It doesn’t cost you a…
Have You Had That Phonecall?

Eric

6 Apr 2011 | 9:01 am

This morning, while consuming copious amounts of caffeine, I remembered an incident explained to me by one of my junior defense counsel. He had a client who was having a lot of problems overall in her life. The disposition of her criminal proceedings was relatively low (but stressful), and he secured a decent result. A couple of weeks after her case was adjudicated, he received a phonecall. Afterward, he rushed to my office to recount what happened and ask for advice. He explained the conversation line-by-line. Defense Counsel: Hello. Client: Yes, Captain ____, this is ______. I need your…
Of Nuclear Bombs and Fallout (or Crap is King)

Eric

5 Apr 2011 | 9:16 am

Yesterday was all Rakofsky, all day. Between writing briefs, calling clients, and prepping for some upcoming law stuff, I participated in the online flogging of Joseph Rakofsky. Did I like doing it? Absolutely not. I suspect Jeff Gamso, Scott Greenfield, Brian Tannebaum, Mark Bennett, Jameson Koehler, Antonin Pribetic, and Carolyn Elefant didn’t either. Was it a fantastic teaching point? Absolutely. Was it pleasant? No way. We all want our profession to work well, represent clients ably, and shepherd laws. Most of us want to do this in quiet existence, supporting our peers and working…
Lying Piece of $%^&. With Screenshot as Evidence

Eric

4 Apr 2011 | 7:42 am

I learned about Joseph Rakofsky from Jeff Gamso. Jeff learned of him from Jamison Koehler. Scott Greenfield put it all together. I don’t like to contribute to internet redundancy, but I can’t help it here. This guy is a total piece of work. Let me bring you up to speed via info from Jeff Gamso’s blog. First, he quotes the Washington Post (please, do yourself a favor and read this Washington Post article). Rakofsky’s Web page on lawsearch.net says he specializes in criminal law, DUIs, traffic law, malpractice law and negligence. He lists his firm’s address as 14 Wall St.
We’ve Forgotten “Marjoe”

Eric

2 Apr 2011 | 10:20 am

Many have forgotten this early-1970s Academy Award winning documentary. That’s too bad. Produced during the age of tent revivals and before the rise of televangelism, it’s as applicable today as it was then. Some lawyers are evangelists, saying what people want to hear and looking for that right moment to collect an offering. Some only masquerade as lawyers in order to get access to the offerings of others. Integrity is a nontransferable skill, depending completely on an individual’s motivation and priorities. As a profession of individuals, where are we?

Wind Power Law Blog
Wind turbines as cigarettes?

rohdec12

31 Mar 2011 | 9:01 pm

(April 1- New York) In a move sure to unsettle some residents, the Town of Marlboor, New York has approved a wind farm project with turbines made to look like cigarettes. “These are not real cigarettes. These are electronic cigarettes,” said Town Supervisor Joe Kahmle. “We are not advocating pollution of any kind.” In a bid to raise money for town coffers, the town agreed to allow the turbines to be painted to resemble electronic cigarettes made by the NoSmokeSmokes Corp. Company representative Simone Barsinister indicated that she saw the project as a…

Planning Notes
Proposed Arizona Probate, Guardianship, & Conservatorship Law Reform: SB 1499 & HB 2424

7 Apr 2011 | 10:55 am

Two bills, Senate Bill 1499 (SB 1499) and House Bill 2424 (HB 2424), have recently been introduced into the Arizona Legislature to reform Arizona's probate, conservatorship, and guardianship laws under the Arizona Probate Code, primarily by modifying the Arizona statutes applicable to Persons Under Disability And Their Property (A.R.S. § 14-5101 to 15-5501). In addition to these modifications, HB 2424 also proposes to create a Probate Advocacy Panel to oversee Arizona's probate courts. Senate Bill 1499 SB 1499 proposes to: Require guardians and conservators to submit estimates of costs…
Control Discounts & Gift Taxes

21 Mar 2011 | 2:06 pm

Minority discounts are a generally accepted practice used in determining the fair market value of non-controlling, minority interests in corporations. Such discounts are also often deemed valid by the Internal Revenue Service (IRS) when calculating the federal estate and/or federal gift taxes that are associated with interfamilial transfers of interests within a corporation. Revenue Ruling 93-12 In a significant departure from its previous position, the IRS issued Revenue Ruling 93-12 in 1993 holding that a minority discount is permissible for the gift of a minority interest in an enterprise…
Property Distributions in S-Corporations v. LLCs & Taxes

9 Mar 2011 | 9:43 am

Although S-corporations and LLCs that elect partnership tax treatment are often thought to be very similar in terms of taxation, i.e. they allow pass-through taxation in which the entity itself is not taxed, there are a number of important taxation-related differences between them because they are not taxed under the same provisions of the Internal Revenue Code (LLCs may be taxed as partnerships under Subchapter K of the Internal Revenue Code while S-corporations are taxed under Subchapter S, hence the name "S-corporation"). Entity-Level Recognition of Gain & Loss One important difference…
Asset Protection & LLCs

28 Jan 2011 | 3:51 pm

The transfer of property to an asset protection plan after liability has attached is fraudulent and will not be respected by the courts. Asset protection is the process of arranging one’s assets to preserve maximum value for the owner and family, etc. in the event of creditor problems. It is not a single device that can be simply employed or elected. Instead, it involves the coordinated use of multiple legal disciplines, planning techniques and tools tailored to the assets and circumstances of the individual. That being said, one of the key techniques of an asset protection strategy is to…
Arizona Probate Basics

21 Jan 2011 | 2:24 pm

This post is part of our continuing series addressing basic areas of the law. Probate is the process through which a will is validated by the Arizona Superior Court and the personal representative is appointed, gathers the assets of the decedent, pays the liabilities, and distributes the remaining assets in accordance with the provisions in the will. This probate process is often thought of as expensive and time consuming, however, in many situations it can occur relatively quickly and with relatively little cost. Probate Assets Arizona law provides that a decedent's probate estate contains…

THE NUTMEG LAWYER
Does Your Law Practice Resemble the Baggage Claim Department?

7 Apr 2011 | 9:49 am

Take A Number. Pittsburgh Legal Back Talk's Cliff Tuttle recently asked "are you working in the complaint department? His post on the subject dealt with people who tend to complain fruitlessly and waste energy. Attorney Tuttle's question got me thinking about my own law practice. Was I working in the complaint department? Was I spending most of my time dealing with client complaints? Does your law practice resemble the baggage claim department at the airport? If the answer is yes, may I offer a few suggestions? 1. Return Calls in a Timely Fashion: One of…
The Nutmeg Lawyer Reviews The Lincoln Lawyer

6 Apr 2011 | 9:02 am

Meh. (Editor's note: OK, so we haven't seen it yet. In fairness, I hear it's actually pretty good. We'll catch it this weekend)
UCONN Win Leads to Arrests

5 Apr 2011 | 10:12 am

Our warmest congratulations to the University of Connecticut on their latest national championship. Last night, the Huskies defeated Butler 53-41 in Houston. Unfortunately, the celebration has lead to some criminal defense work for local attorneys. UCONN campus police arrested 24 celebrants followed by three off campus arrests by Connecticut state police. Charges ranged from breach of peace, inciting a riot, vandalism, criminal trespass and interfering with a police officer. Campus police report that a car was flipped and a few dumpster and a couch fire needed to be put…
Yale Law School Gives Students the Full Monty.

4 Apr 2011 | 2:00 am

Law school can be a dog eat dog kind of world. Success can mean a better job and brighter future for a budding barrister. As you can imagine, the quest to come out on top is usually coupled with a good deal of stress. Many students put their lives on hold in order to attain a career in law. They suffer failed relationships, skip family events and have been known to miss entire seasons of American Idol. It's enough to make anyone go nuts. In my day, we handled the stress of legal study like real men. Men who built empires out of wood and steel. Men…
I Have a Juris Doctorate. I Want to Be Called Doctor Too.

1 Apr 2011 | 8:33 am

Dr. Tyson I Presume? Every one seems to refer to themselves as a doctor these days. You have Doctor Who, Dr Laura, Dr. Pepper, Dr. J., and Doc Gooden. Preachers refer to themselves as doctors. Pugilist Muhammad Ali has an honorary doctorate. So does Tim Allen, Bob Barker, Clint Eastwood, Patti LaBelle, Gloria Estefan, Dolly Parton and Englebert Humperdink. Even highschool dropout Mike Tyson has one. So you're telling me that Humperdink and my chiropractor can refer to themselves as doctors, but I can't? I see the word doctor after the word juris on my…

William Carleton, Counselor @ Law
Secondary Markets and Private Capital Formation Reform: A Distraction?

William Carleton

9 Apr 2011 | 10:00 am

Ultimately, is it all about the restoration of the IPO? As I noted here and in GeekWire yesterday, SEC Chairman Mary Schapiro sent a letter this week to Representative Darrell Issa in which she discussed possible reforms being discussed within the SEC over rules that impact how startups raise capital. Chairman Schapiro's letter is part of a broader back-and-forth with Rep. Issa over whether financial regs are to blame, not just for impeding the ability of private companies to raise capital, but also for shutting the IPO window and impeding public markets. Rep. Issa set the agenda in a…
SEC Reviewing How Startups Raise Capital

William Carleton

8 Apr 2011 | 7:41 am

Breathtaking, front page news in the Wall Street Journal this morning. The Chairman of the SEC has sent representative Darrell Issa a letter stating that the Commission is looking for "ways to reduce the regulatory burdens on small business capital formation." The Journal article suggests that rule changes could include raising the number of shareholders private companies may have before triggering public reporting, and "relaxing a strict ban on private companies publicizing share issues, known as the 'general solicitation' ban." I think the Journal piece…
The Censored Internet Is Also Popular

William Carleton

7 Apr 2011 | 5:38 am

Vint Cerf gave an engaging talk at the Angel Capital Association Summit yesterday in Cambridge, Mass. He is a talented communicator. He covered: the history of the Internet; reasons Internet security is so poor; how “things” with sensors are being networked and what that will mean for energy consumption management and lifestyles; and the implications for the home planet of the emerging Internet for outer space. And more. I’ll definitely welcome opportunities in future to hear him speak. Here’s a slide he put up about worldwide use of the Internet. Notice the absolute numbers of…
Trends in Angel Investing: Sneak Peak from the Halo Report

William Carleton

6 Apr 2011 | 8:30 am

Live from the Angel Capital Association 2011 Summit in Cambridge, Mass., here are a few bits of preliminary data from the upcoming Halo Report, a new initiative started in February by the Angel Resource Institute, CB Insights, and Silicon Valley Bank. Median angel round size varies by sector, from a high of $550,000 in healthcare to a low of $270,000 in internet. 70% of VC dollars are invested in three states: California, Massachusetts and New York. Angel dollars are spread much more evenly over more states. (To my eye, the chart presented Washington as big a state for angel dollars as any.)…
Five Concrete Ideas to Reduce Federal Barriers for Entrepreneurs

William Carleton

5 Apr 2011 | 3:30 am

Startup America looks to be primarily a private sector initiative. We attendees at the Angel Capital Association 2011 Summit in Boston are looking forward to hearing Scott Case, CEO of the Startup America Partnership, speak on this tomorrow morning. But there is a government role in the Startup America initiative, as well. One goal stated by the White House at the launch of Startup America two months ago was that it should "identify and remove unnecessary barriers to high-growth startups." That question appears to have since been reformulated on an SBA sponsored site to read,…

Atman Law Partners : Client Alerts
Atman Law Partners debuts on Legal 500

Atman Law Partners has made its debut in international law firm rankings published by Legal 500. The firm is recommended by <a href="http://www.legal500.com/">Legal 500</a> as one the leading law firms in Bangalore.
Government clarifies Lock-in norms for Real Estate FDI

The Indian Government issued a significant clarification relating to lock-in restrictions on foreign investment in Press Note 2 of 2005 compliant construction-development and housing projects. The clarification increases the restrictions on repatriability of the investment by re-defining what constitutes the original investment.
Reporting under the FDI Scheme

The RBI has issued a notification for stricter enforcement of reporting norms in the case of share issuance to non-residents under the Foreign Direct Investment (FDI) Scheme.
ECB Liberalization in the Services Sector

The RBI has now decided to consider applications from services sector entities for availing ECBs beyond USD 100 million under the Approval Route.
Takeout Financing Permitted under ECB Policy

The RBI has permitted the refinancing of domestic loans in certain specified infrastructure sectors by external commercial borrowings under certain specified conditions.

BaranCLE
Comparison of New Jersey and New York CLE Reciprocity

Tim Baran

7 Apr 2011 | 9:37 pm

A third of the 45 mandatory continuing legal education states offer reciprocal credit to attorneys who attend courses accredited in another state. The scope of that reciprocity varies, often widely [...]
Vermont Proposes CLE Change to Permit Credit For Presentations to Non-Lawyers

Tim Baran

3 Apr 2011 | 2:41 pm

Most states require that programs be designed for and targeted to attorneys in order to qualify for CLE credit. However, the Vermont Continuing Legal Education Board is proposing a change [...]
CLE Roundup for April 1, 2011

Tim Baran

1 Apr 2011 | 8:58 am

Along with the latest continuing legal education news and information, this Roundup edition features the effectiveness of online communities. In preparation for my post on the Top 10 Reasons for [...]
Peach New Media: Put Your CLE Courses Online and Get Your Tech On

Tim Baran

28 Mar 2011 | 1:13 pm

Peach New Media provides the technology and tools for CLE providers to deliver their content in a way that provides an effective learning experience for lawyers. The recent launch of a [...]
Use QR Codes for Seminar Marketing and Registration

Tim Baran

22 Mar 2011 | 11:46 pm

Talk of QR codes have proliferated recently, including how law firms can use them effectively. Even continuing legal education is getting in on the action with the DC Bar using QR Codes [...]

Montana Trucking Accident Legal Blog
Montana Trucking Legal Fight

5 Apr 2011 | 10:07 am

If you’ve never seen a megaload on the highway, that’s the way the trucking industry wants it. Take a good look at the picture below. Notice the semi-truck cabs in it. That will give you a sense of scale.
Suing Your Own Insurance Company

9 Mar 2011 | 8:26 pm

{jumi [*16]} In Montana people are allowed to sue on their own behalf. In this clip, Solomon Neuhardt discusses why you should have an experienced attorney and explains why retaining a skilled personal injury attorney is a better strategy than going it alone - especially when suing your own insurance company.
All About Depositions

9 Mar 2011 | 7:41 pm

{jumi [*15]} In this video, Solomon Neuhardt discusses what a deposition is, if you have to comply and why they are used. A deposition is taken under oath and anything you say can be brought up in court. It is advisable to have a lawyer to help you with your deposition to be sure you don't make any critical mistakes. Depositions allow insurance companies to get formal statements from you about factual evidence and a knowledgeable attorney knows when to object and when to shut down harassing questions.
What Are Punitive Damages?

9 Mar 2011 | 7:07 pm

{jumi [*14]} Montana personal injury attorney, Solomon Neuhardt, discusses punitive damages and how you can get them. Punitive damages are damages above any settlement for medical bills or repairs fees. The eligibility of punitive damages can be a deciding factor on whether or not to proceed with a case. Understanding the basics can help clients become more informed about the possible case results they can expect.
What Questions to Ask a Trucking Accident Attorney

9 Mar 2011 | 6:36 pm

{jumi [*13]} It can be difficult to find the right trucking accident attorney. In this video Solomon Neuhardt offers some great questions for you to ask when interviewing truck accident attorneys. These questions will help you better make an informed decision. Most attorneys, the good ones anyway, are proud of their accomplishments and don't mind answering questions about their background and past successes. As an informed client, you can ask the right questions and can more easily determine the expertise of an attorney and ultimatley find the one who is right for you.

Lawctopus
We are on a hibernation mode till June (exams + internships + vacations). Happy holidays!

administrator

10 Apr 2011 | 1:43 am
The sissy on facebook

administrator

8 Apr 2011 | 7:59 am

Are you a facebook sissy, a mukesh rajak or an anna hazare? Please do something more than a status message. Look around. Where you find things not looking right, don’t be a sissy; file an RTI application. Investigate.
Had I been trapped by the Indian Customary “Engineer Son” bracket?

administrator

2 Apr 2011 | 12:57 am

Over the next few weeks, the thought probed my mind. The end was nearing, and I had to make the choice.
Infocracy India’s First Project: Do The Mess Workers, Cleaning Staff in Our Colleges Get Minimum Wages [UPDATED]

administrator

1 Apr 2011 | 11:15 am

Infocracy India's first project. Interestingly, the RTI application has been drafted by Jay Sayta, a student at NUJS; Prashant Reddy an NLSIU passout and Mr. Saurabh Bhattarcharya, a NALSAR graduate who teaches labour law in NUJS.
Lets Enable School Children to be Able to Fight Corruption with Information; Sign the Petition Now

administrator

1 Apr 2011 | 10:49 am

Very little is achieved when a student get to know just that a Right to Information Act exists through a small description in the civics course. When he/she actually writes to an RTI application in class and for his exams, we believe, he/she is doubly empowered and enabled to use the tool to fight corruption.

FEDERAL CRIMINAL LAWYER
Brief comparison of false statement and false claims statutes

Lewis Gainor

6 Apr 2011 | 12:57 pm

A prosecution for making a false statement to the federal government is usually based on Title 18, United States Code, Section 1001. This is the false statement statute that makes it a crime to knowingly make a false statement to the United States government or an employee thereof. 18 USC 1001 is used to prosecute individuals who, in the course of a criminal investigation, lie to a federal agent. In a false statement prosecution, the government has to prove the following elements beyond a reasonable doubt: A statement. Which is false. That is material. And was made knowingly and willfully.
Civil RICO actions: victims are compensated regardless of outcome of prosecution

Lewis Gainor

14 Feb 2011 | 10:43 am

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a powerful weapon in the arsenal of federal prosecutors. The statute is often used to prosecute organized crime. Racketeering, basically, is engaging in criminal activity for the purpose of financial gain. A textbook example of RICO would be using violence to collect an unlawful debt (such as high-interest loans from the mob or payments to avoid repercussions from the mob). Generally speaking, a RICO prosecution involves a federal RICO charge and predicate offenses such as murder, extortion, etc. The RICO statute is Title 18,…
A summary of federal wire fraud

Lewis Gainor

9 Feb 2011 | 12:02 pm

The federal statute on wire fraud is Title 18, United States Code, Section 1343. Congress passed the wire fraud statute in 1952 as part of the Communications Act Amendment. The law against mail fraud was already on the books at that point, but Congress wanted to extend the mail fraud provisions to cover new technology. In retrospect, Congress passed a law that would prove to be very adaptable to changing technology such as the technology used today. Like the mail fraud statute, the law against wire fraud prohibits any scheme or artifice to defraud that uses wire, radio, or television…
Overview of the federal grand jury

Lewis Gainor

8 Feb 2011 | 11:11 am

The purpose of the grand jury is to decide whether criminal charges should be filed against an individual. Grand jurors are selected for duty in much of the same way as jurors who sit on criminal trials. Each juror receives a summons to appear for jury duty and then, after questioning on their impartiality, they are chosen to sit on the grand jury. A grand jury may sit for up to 18 months. While the grand jury is not hearing evidence every day, it may hear evidence one day each week or more. In federal criminal cases, the prosecution is authorized to press charges only by grand jury…
An overview of federal money laundering statutes

Lewis Gainor

6 Feb 2011 | 2:38 pm

The United States government keeps close watch on financial activity both for tax collection purposes and also for law enforcement. Tracking the flow of cash through small businesses has proven to be a useful tool for federal agents investigating large scale criminal organizations. Money laundering, generally, is the practice of using a business to conceal cash or other assets that are the products of criminal activity. For example, a business would be established so that it appears legitimate. However, the cash deposits from this business would not come from business sales, but rather money…

UDUAK LAW FIRM
Fashion 2.0 | Fashion PR in the Digital Age

UDUAK LAW FIRM

6 Apr 2011 | 7:34 pm

“LONDON, United Kingdom — Though they may have been slow off the mark — and indeed much slower than many of their clients might have liked — it is quickly dawning upon the fashion industry’s most respected public relations firms that their once cushy domain is being rapidly disrupted by digital media. Simply put, no longer is it enough for PR firms to court editors of monthly magazines for editorial coverage over long boozy lunches and manage guest lists for fashion shows and events. Today’s high-powered fashion publicists are coming down from their ivory towers to help…
Twitter to Offer Brands Facebook-Style pages

UDUAK LAW FIRM

6 Apr 2011 | 7:29 pm

“Branded pages, through which advertisers could deliver tailored messages, are under consideration, along with other plans to increase the long-term revenue potential of the social network, according to sources familiar with the subject. It is understood that Twitter chief executive Dick Costolo, and Adam Bain, president of revenue, are leading the push to create fresh revenue streams. The pages would work in a similar way to Facebook Pages, providing brands with their own space to deliver content and encourage Twitter users to follow them, claim sources. . .” Full Story on…
House Judiciary Committee Holds Hearing on Online Counterfeiting

UDUAK LAW FIRM

6 Apr 2011 | 7:16 pm

“The House Judiciary Committee’s Subcommittee on Intellectual Property, Competition, and the Internet held a hearing on Wednesday to address rogue websites distributing counterfeit and pirated goods. The witness list included U.S. Immigration and Customs Enforcement (ICE) Director John Morton, attorney Floyd Abrams, Kent Walker on behalf of Google, and Christine Jones on behalf of Go Daddy. During his opening remarks, Subcommittee Chairman Bob Goodlatte (R-VA) emphasized the importance of combating “digital theft and online counterfeiting.” Subcommittee Ranking Member Mel Watt…
Asian Fashion Summit Singapore: The Rise Of Asian Consumerism

UDUAK LAW FIRM

6 Apr 2011 | 7:09 pm

“Macala Wright To Present “New Media’s Impact On Asian Consumerism” at Asian Fashion Summit and Audi Fashion Festival in Singapore. Asia Fashion Summit, Singapore’s only premier business conference for the fashion industry, today unveiled a stellar line-up of the world’s fashion insiders that it will bring together to speak at the Summit from May, 18-20th, 2011; the Summit’s theme of The Rise of Asian Consumerism. Keynotes, Seminars and Classes include: * Andrew Wu, LVMH Group Director for China * Mark Baumann, Head of Visual Merchandising * Lane Crawford; Simon Gaffney,…
1st Annual Fashion Law Institute Symposium: Global Growth and Legal Landscapes

UDUAK LAW FIRM

6 Apr 2011 | 6:59 pm

Fashion Law students and practitioners, this is a symposium to check out. Date(s): 04.15.11 | Fri Time: 8:45 a.m. – 6:00 p.m. Location: McNally Amphitheatre, Fordham Law School, 140 West 62nd Street, NYC Sponsor: Fashion Law Institute 8:45 Registration and coffee 9:15 Welcome 9:30-10:45 Panel 1: Shopping for Fashion Houses: Who’s First in Line in the M&A Market? Mergers and acquisitions are back in fashion. After the recent downturn there was a hard freeze in activity, but in the past year there has been renewed financial interest in fashion houses. From multinational…

FindLaw.com: Law and Daily Life
Can I Get Unemployment While Traveling Abroad?

Stephanie Rabiner

8 Apr 2011 | 5:46 am

If you recently finished school or are newly unemployed, you might be thinking about taking your unwanted free time to travel abroad. And if you were also recently fired through no fault of your own, you're probably also wondering if it's possible to collect unemployment while traveling. Unfortunately for those grand plans, unemployment benefits are probably not in your future. At least not legally, that is. Unemployment is intended as a temporary safety net for people who are in the process of finding work. It is not meant to fund your Great European Adventure. Therefore, to collect…
Teacher Mocks Student's Hairstyle on Facebook

Stephanie Rabiner

7 Apr 2011 | 5:48 am

Lucinda Williams is not happy. After outfitting her 7-year-old daughter with Jolly Rancher hair, she sent her off to Chicago's Overton Elementary for its scheduled picture day. Unfortunately, the girl's computer teacher was amused by the look, taking a photo to share with her Facebook friends. They made fun of the girl, and the teacher is now being sued. Lucinda Williams is a hairdresser, so when her second grader asked her to recreate a hairstyle from a magazine for picture day, she didn't hesitate--even though it required her to attach Jolly Ranchers to the ends of the girl's braids. A…
Can I be Fired for Being Not Being Sexy Enough?

Stephanie Rabiner

6 Apr 2011 | 5:49 am

We've all heard stories about women being fired for being fat or not pretty enough. These stories have moved beyond Hooters and have now hit Atlantic City's Resorts Casino Hotel, which is being sued for firing 15 middle-aged cocktail waitresses after they were deemed not sexy enough to pull off skimpy new uniforms. Wondering whether you can legally be fired for being fat or unsexy? Unfortunately, it depends. Technically, if your state does not bar appearance-based employment discrimination, yes, you may be fired for being fat or not sexy enough if that is the real reason for loss of…
Most Americans Oppose Walking Away from Mortgages

Stephanie Rabiner

5 Apr 2011 | 8:47 am

Even though some are reporting that the housing market is slowly improving, many homeowners are still finding themselves in financially difficult situations and are facing foreclosure. In response, some homeowners are walking away from mortgage payments altogether, refusing to pay. But, according to a survey conducted by FindLaw.com, the majority of Americans don't approve of this tactic. Sixty-percent of people polled by FindLaw.com believe that it is never acceptable to walk away from a mortgage, even if there is a valid reason to do so. Thirty-four percent, however, said that walking away…
Has My Boss Created Hostile Work Environment?

Stephanie Rabiner

5 Apr 2011 | 5:48 am

"Hostile work environment" is an often misused term. There's a tendency to use it to describe a situation in which a supervisor simply dislikes an employee and decides to make her miserable until she quits. However, the concept of a hostile work environment falls under the ADA, ADEA, Title VII, and any state employment discrimination laws. So, unless the alleged at-work harassment is based on race, color, religion, sex, national original, age (40+), disability, or some state-protected characteristic, a hostile work environment most likely doesn't legally exist. A hostile work environment…

Gavel to Gavel
Louisiana’s legislature scrambling to rewrite laws related to courts due to population shifts and declines in state

Bill Raftery

8 Apr 2011 | 9:15 am

A variety of states grant certain areas or the judges/clerks/employees of certain courts options or authorities based on the population they serve. For example, in South Carolina, each county with a population over 130,000 in the latest census is required to have a master-in-equity court. (Sec. 14-11-10) Several states have, however, started to move away from specifications based on population and identification of counties, localities, or municipalities by name. Louisiana’s legislature, as part of its special redistricting session, is doing so with respect to numerous courts in the…
Issue 5:14 is out

Bill Raftery

7 Apr 2011 | 1:00 pm

Issue 5:14 (April 1) is here. Kansas House votes to ban use of international law in state’s courts New Hampshire Senate votes to remove courts’ power over school funding cases Georgia legislature gives final approval to bill to require all municipal judges be attorneys Florida Court Funding: House Appropriations and Senate Budget committees approve bills to restructure funding sources Arkansas’ House approves state DUI courts one day, and then “expunges” the vote the next Arizona’s House Judiciary Committee tries again to revamp state’s entire…
Judicial Retirement Plans/Pensions 2011: Western States

Bill Raftery

7 Apr 2011 | 8:56 am

California SB 503 Limits to one-time written election the option of a member of the The Judges’ Retirement System II to make contributions, and receive service credit for, all of the time he or she served as a full-time subordinate judicial officer, prior to becoming a judge, excluding any period of time for which the judge is receiving, or is entitled to receive, a retirement allowance from any other public retirement system. Authorizes the judge to make contributions to, and receive service credit for, any number of whole years or all of the time he or she served as a full-time…
In an unusual vote, non-voting Arkansas senators reject limits on use of the title justice/judge on ballots

Bill Raftery

6 Apr 2011 | 11:40 am

Some states, such as Michigan and Wisconsin, allow for a judge running for re-election to have the designation “incumbent” after their name. For example, voters in the highly contentious election for the Wisconsin Supreme Court saw the word after the name of sitting Justice David Prosser. Other states, such as Arkansas, allow for the use of the titles “Judge” or “Justice” in front of a candidate’s name. A.C.A. § 7-7-305 reads (c) (1) (A) Any person who shall file for any elective office in this state may use not more than three (3) given names, one…
MN bill would require monthly reviews of trial judges’ clearance & compliance with 90-days-to-disposition requirement

Bill Raftery

6 Apr 2011 | 10:44 am

Many states have statutorily imposed deadlines for judges to render their decisions under penalty of some sort of punishment or withholding of salary. Minnesota is no exception. Minnesota Statutes 546.27 provides all questions of fact and law, and all motions and matters submitted to a judge for a decision in trial and appellate matters, shall be disposed of and the decision filed with the court administrator within 90 days after such submission, unless sickness or casualty shall prevent, or the time be extended by written consent of the parties. No part of the salary of any judge shall be…

LegalMinds® :: Thought Leadership for the Legal Community
The Legal Challenges of Privacy, Computer Fraud and Data Security - Nick Akerman, Dorsey & Whitney LLP

The development of new technology platforms and explosive growth of social media presents companies with complex legal challenges — from securing trade secrets to safeguarding customer privacy, not to mention protecting your company from potential litigation or direct economic loss. While an old adage has been that companies’ greatest assets walk out the door at [...]
CMO Corner: The Value of Social Media in Law Firm Marketing - Adrian Dayton, Author of "Social Media for Lawyers"

We recently sat down with Adrian Dayton to discuss the value of social media and its impact on law firm marketing. Adrian shared his thoughts on some of the key issues involved in implementing a social media program – from both a strategic and tactical perspective. Adrian describes himself as “an attorney with a passion [...]
Protected: Structuring Public and Private Transactions in the Current M&A Environment - Clare O'Brien, Shearman & Sterling LLP

There is no excerpt because this is a protected post.
Share Repurchase Considerations - David M. Lynn and David H. Kaufman, Morrison & Foerster LLP

With an improving economy and an increase in cash assets, many companies are expanding their stock buyback activity. While few expect an increase to the levels seen five years ago, which capped a meteoric 25 year rise from $5 billion to almost $350 billion, there has been a steady growth in share repurchase in the [...]
Hybrid Financing: Certain Ideas for Uncertain Times - James R. Tanenbaum, Morrison & Foerster LLP

In response to the continued volatility and uncertainty in the public markets, there has been an increase in popularity of hybrid financing vehicles such as PIPEs and Registered Direct offerings for public companies seeking to raise capital. According to James Tanenbaum, chair of Morrison & Foerster’s Global Capital Markets practice, these transactions formats, which have [...]

William Carleton, Counselor @ Law
Secondary Markets and Private Capital Formation Reform: A Distraction?

William Carleton

9 Apr 2011 | 10:00 am

Ultimately, is it all about the restoration of the IPO? As I noted here and in GeekWire yesterday, SEC Chairman Mary Schapiro sent a letter this week to Representative Darrell Issa in which she discussed possible reforms being discussed within the SEC over rules that impact how startups raise capital. Chairman Schapiro's letter is part of a broader back-and-forth with Rep. Issa over whether financial regs are to blame, not just for impeding the ability of private companies to raise capital, but also for shutting the IPO window and impeding public markets. Rep. Issa set the agenda in a…
SEC Reviewing How Startups Raise Capital

William Carleton

8 Apr 2011 | 7:41 am

Breathtaking, front page news in the Wall Street Journal this morning. The Chairman of the SEC has sent representative Darrell Issa a letter stating that the Commission is looking for "ways to reduce the regulatory burdens on small business capital formation." The Journal article suggests that rule changes could include raising the number of shareholders private companies may have before triggering public reporting, and "relaxing a strict ban on private companies publicizing share issues, known as the 'general solicitation' ban." I think the Journal piece…
The Censored Internet Is Also Popular

William Carleton

7 Apr 2011 | 5:38 am

Vint Cerf gave an engaging talk at the Angel Capital Association Summit yesterday in Cambridge, Mass. He is a talented communicator. He covered: the history of the Internet; reasons Internet security is so poor; how “things” with sensors are being networked and what that will mean for energy consumption management and lifestyles; and the implications for the home planet of the emerging Internet for outer space. And more. I’ll definitely welcome opportunities in future to hear him speak. Here’s a slide he put up about worldwide use of the Internet. Notice the absolute numbers of…
Trends in Angel Investing: Sneak Peak from the Halo Report

William Carleton

6 Apr 2011 | 8:30 am

Live from the Angel Capital Association 2011 Summit in Cambridge, Mass., here are a few bits of preliminary data from the upcoming Halo Report, a new initiative started in February by the Angel Resource Institute, CB Insights, and Silicon Valley Bank. Median angel round size varies by sector, from a high of $550,000 in healthcare to a low of $270,000 in internet. 70% of VC dollars are invested in three states: California, Massachusetts and New York. Angel dollars are spread much more evenly over more states. (To my eye, the chart presented Washington as big a state for angel dollars as any.)…
Five Concrete Ideas to Reduce Federal Barriers for Entrepreneurs

William Carleton

5 Apr 2011 | 3:30 am

Startup America looks to be primarily a private sector initiative. We attendees at the Angel Capital Association 2011 Summit in Boston are looking forward to hearing Scott Case, CEO of the Startup America Partnership, speak on this tomorrow morning. But there is a government role in the Startup America initiative, as well. One goal stated by the White House at the launch of Startup America two months ago was that it should "identify and remove unnecessary barriers to high-growth startups." That question appears to have since been reformulated on an SBA sponsored site to read,…

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