Thursday, January 31, 2013

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.

Source: http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202473966828&rss=rss_ltn

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From the Courtroom to the Comedy Club

Lawyers are very often the brunt of jokes, but there is a group of attorneys that has turned the tables and is making people laugh with them instead of at them. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, share the stage with two of the Comedians At Law. Alex Barnett and Matt Ritter explain how they transitioned from lawyers to comics and how they now make people laugh at the lighter side of the law.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/from-the-courtroom-to-the-comedy-club/

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Turning TECHSHOW Topics into a Technology Agenda

Each Spring, ABA TECHSHOW takes center stage as one of the premier legal technology conferences. While there is great value in attending legal tech conferences, all lawyers can benefit simply by seeing what's on the TECHSHOW agenda. Organizers put a lot of thought into their agendas, so we can all learn where to put our technology focus by seeing what topics these shows cover. Dennis Kennedy and Tom Mighell use TECHSHOW 2012 as an example of how to assess your current technological agenda, talk about the major topics being covered at TECHSHOW, and suggest ways you can use the TECHSHOW topic list to set your technology priorities for 2012. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/03/turning-techshow-topics-into-a-technology-agenda/

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2013 Pro Bono Hot List: Pro Bono Inc.

This year, for the first time, we include a corporate legal department among the 10 legal organizations profiled for their outstanding pro bono work during 2012.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202583307764&rss=rss_nlj

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Metadata: What You Can’t See Can Hurt You!

Many are hearing about metadata in articles and blogs, but secretly admit that they don’t fully understand what it is. Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, join Karen Massand, the President of Litéra, to take a look at metadata, whether it takes an expert to find metadata in documents, leaking hidden data, and the new metadata problem caused by the "bring your own device movement".

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/09/metadata-what-you-cant-see-can-hurt-you/

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Madden NFL 13 (Xbox 360) (Albuquerque Journal)

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Source: http://news.feedzilla.com/en_us/stories/law/video/280276897?client_source=feed&format=rss

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Transvaginal Mesh Complications and Litigation

Serious complications stemming from transvaginal mesh prompted an FDA warning and lawsuits by women against device manufacturers. On this Ringler Radio podcast, host Larry Cohen joins co-host, Heather Anderson and guest, Attorney Leigh O'Dell from the Beasley Allen law firm, to discuss the dangers, litigation, physical complications, Leigh’s role on the Plaintiffs’ Steering Committee and next steps.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/11/transvaginal-mesh-complications-and-litigation/

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Legal Implications Surrounding the Meningitis Scare

The New England Compounding Center (NECC) shipped out tainted steroid shots to 23 states in what authorities believe resulted in a national fungal meningitis outbreak. Lawyer2Lawyer host Craig Williams chats with Attorney Michael F. Barrett, a personal injury attorney from the firm, Saltz Mongeluzzi Barrett & Bendesky, PC and Glenn Cohen, Assistant Professor of Law and Co-Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, about the litigation stemming from this meningitis scare, the role of the FDA and CDC and regulation.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/legal-implications-surrounding-the-meningitis-scare/

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Wednesday, January 30, 2013

Solo Sanity: How to Control the Anxiety

The largest proportion of attorneys work as sole practitioners, or within small firms and chronic stress is rampant among these attorneys, who face stress from all sides. On The Un-Billable Hour, host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program joins returning guest, Attorney Eric MacLeish, principal of MacLeish & Woolverton, to cite the major stress points for sole and small firm attorneys, steps attorneys can take to reduce the impact of acute and chronic stress, and the benefits of learning to manage stress.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/04/solo-sanity-how-to-control-the-anxiety/

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Hormone Replacement Therapy Litigation

Hormone replacement therapy, also known as HRT, was prescribed to women to treat the symptoms of menopause for years. Then in 2002, a comprehensive women's health study was published. The study connected HRT to increasing incidences of breast cancer. Ringler Radio host Larry Cohen turns to Attorney Ted Meadows from the Beasley Allen Law Firm, for more details on hormone replacement therapy, ongoing litigation and the various plaintiffs involved in these cases.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/06/hormone-replacement-therapy-litigation/

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Federal judge accepts BP guilty plea, approves $4 billion oil spill settlement

[JURIST] A judge for the US District Court for the Eastern District of Louisiana [official website] on Tuesday accepted a plea agreement [DOJ press release] between British Petroleum (BP) [corporate website] and the US Department of Justice (DOJ) [official website] for the company's role in the 2010 Deepwater Horizon oil spill [BBC backgrounder]. US Attorney General Eric Holder [official website] announced that BP pleaded guilty to 14 criminal counts, including felony manslaughter arising out of the deaths of 11 crewmen,...

Source: http://jurist.org/paperchase/2013/01/federal-judge-accepts-bp-guilty-plea-approves-4-billion-oil-spill-settlement.php

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Egypt confirms death sentences for amateur anti-Muslim film

[JURIST] An Egyptian court on Tuesday upheld the in absentia death sentences of seven Coptic Christians and an American preacher on charges stemming from the amateur anti-Muslim film Innocence of Muslims [BBC backgrounder], which sparked violent protests in the Middle East last year. A criminal court in Cairo sentenced [JURIST report] the convicted defendants in November, pending the final verdict just announced [Bloomberg report]. The death sentences are primarily symbolic, as all of the defendants live outside of Egypt. The...

Source: http://jurist.org/paperchase/2013/01/egypt-confirms-death-sentences-for-amateur-anti-muslim-film.php

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Liability After Facebook’s IPO

Facebook’s super-hyped IPO quickly turned into Wall Street folly. Lawsuits were filed almost immediately. Accusations of selective financial disclosure, investor deception and NASDAQ negligence are flying. So who is to blame? And who is liable? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the legal story of Facebook’s botched IPO and pending litigation from John P. ("Sean") Coffey, Managing Director at BlackRobe Capital Partners, and Scott M. Berman, Partner at Friedman Kaplan Seiler & Adelman.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/liability-after-facebooks-ipo/

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NSSTA’s Take the Hill

This past April, members of National Structured Settlement Trade Association (NSSTA) decided to "Take the Hill". They headed to Capitol Hill for meetings with members of Congress and senior Congressional staff to discuss important public policy and the economic security benefits of structured settlements. Ringler Radio host, Larry Cohen talks to Ringler colleagues, Peter Early and Erin Muller about their experience at "Take the Hill" and their mission to educate our elected officials on the benefits of structured settlements.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/07/nsstas-take-the-hill/

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Therapeutic Jurisprudence and Employment Law

In this podcast, Professor David Yamada, founding director of the New Workplace Institute at Suffolk University Law School, discusses therapeutic jurisprudence, a movement that is bringing psychological insights to bear on the law and legal practice.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/therapeutic-jurisprudence-and-employment-law/

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Dayton unveils a legal services tax to fill budget deficit

Gov. Mark Dayton

The budget unveiled by Gov. Mark Dayton today includes $2.1 billion in additional revenue in the 2014-15 biennial.

A good chunk of that money will come from a tax on legal and other professional services.

Dayton says the proposed sales tax changes will both lower the sales tax rate and broaden it to include items like clothing that costs more than $100, about a $1 per pack increase on cigarettes and “business to business” services including accounting and legal work. Dayton’s office estimates the business to business tax could bring in about $1.5 billion annually. In addition to legal and accounting, services like architecture, specialized design, computer, management consulting, advertising, employment and business support services would also be included.

The corporate income tax rate would be reduced from 9.8 percent to 8.4 percent under Dayton’s budget.

The Minnesota State Bar Association has fought against a sales tax on legal services several times before, most recently during Tim Pawlenty’s second term.

The bar says the tax would amount to a tax on “misery” and unfairly targets those who need an attorney for help in child custody disputes, probate matters or to fight a foreclosure. Because the tax would not be paid by attorneys, but by purchasers on legal service, it would prevent many people from exercising their constitutional rights to use the state’s legal system because they cannot afford to do so. The bar also says the tax would be next to impossible to administer.

Dayton and the DFL-controlled majorities called today’s budget proposal a starting point, not a finished product.

Stay tuned.

 

Source: http://minnlawyer.com/minnlawyerblog/2013/01/22/dayton-unveils-a-legal-services-tax-to-fill-budget-deficit/

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Tuesday, January 29, 2013

Legal Talk Network Live at LegalTechNY 2012- Clio Introduces Document Automation

Jack Newton, CEO and Co-Founder of Clio, explains Clio's newest feature: Document Automation, allowing attorneys to quickly and easily create forms from the information already imported into their Clio database. Be sure to watch the interview , hosted by Legal Talk Network producer, Kate Kenney.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/02/legal-talk-network-live-at-legaltechny-2012-clio-introduces-document-automation/

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Cheap Natural Gas Fuels Growth in Rust Belt (Wall Street Journal)

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Source: http://news.feedzilla.com/en_us/stories/law/video/280426158?client_source=feed&format=rss

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Legal Talk Network Live at LegalTechNY 2012-LexisNexis’ Loretta Ruppert on Launch of Firm Manager

Loretta Ruppert, from the Business of Law Software Solutions within LexisNexis, which represents software that helps law firms with their business challenges, talks about the launch of Firm Manager. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.

Source: http://legaltalknetwork.com/podcasts/special-reports/2012/02/legal-talk-network-live-at-legaltechny-2012-lexisnexis-loretta-ruppert-on-launch-of-firm-manager/

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Legal Issues Created by Story World Communities and Transmedia

The rise of interactive story world communities and transmedia marketing campaigns has brought about scores of intellectual property, copyright law and creation rights issues. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, bring together Esther Lim, the Founder of The Estuary and Scott Walker, the President of Brain Candy, for an in-depth analysis of the questions and concerns generated by collaborative entertainment and multi-platform interactive engagement.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/03/legal-issues-created-by-story-world-communities-and-transmedia/

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American Bar Association Updates Technology Ethics Rules

In this August edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins attorney Michael Arkfeld, principal of Arkfeld and Associates, and John Barkett a partner at Shook, Hardy & Bacon, to discuss pending changes to the ABA’s Model Code of Professional Conduct, addressing technology, and lawyers’ responsibilities to understand and use technology to best serve clients. Monica continues the discussion with attorney Bob Ambrogi, who focuses on social media.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/07/american-bar-association-updates-technology-ethics-rules/

employment law

EEOC breaks record for amount won for workplace discrimination victims

During the past fiscal year, the U.S. Equal Employment Opportunity Commission has built on the gains it achieved during a record-breaking 2011 fiscal year, the agency reported Monday. The EEOC won $365.4 million for victims of workplace discrimination, breaking the previous record of $364.6 million set in fiscal 2011.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202586072158&rss=newswire

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Predictive Coding: A Rose by Any Other Name

One of e-discovery’s hottest topics today is predictive coding. So what exactly "is" predictive coding? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome guest Dan Gallivan, one of the founders and Chief Technology Officer for Gallivan Gallivan & O’Melia , to discuss technology-assisted review, also known as predictive coding. Dan shares his thoughts on this new technology replacing keyword search, common areas of misunderstanding and Judge Peck’s role as a flag bearer for predictive coding.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/03/predictive-coding-a-rose-by-any-other-name/

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Secure Your Legal Data in the Cloud

The use of cloud-based services and technology is top-of-mind for many law departments today, who wonder, "Is the cloud really secure enough to store my company’s confidential legal data?" In this edition of Tech Experts, information security expert, Joe McMorris, VP of Information Technology at Datacert, will explore this question and offer practical advice about the critical information security and compliance questions you should ask before entrusting a cloud-based legal software vendor with your data.

Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/07/secure-your-legal-data-in-the-cloud/

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Monday, January 28, 2013

Law Professors Back Dish in ‘AutoHop’ War

More than two dozen law professors have lined up behind Dish Network in its fight with TV networks over commercial-skipping technology.

Source: http://blogs.wsj.com/law/2013/01/25/law-professors-back-dish-in-autohop-war/?mod=WSJBlog

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IP Law Concentration

Professor Andrew Beckerman-Rodau discusses the Intellectual Property Law Concentration offered by Suffolk University Law School. To learn more about the program, please visit the Law School's website, http://bit.ly/JNtxXh.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/04/ip-law-concentration/

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Absolute Novelty Worldwide - Not Always So Absolute

In this Intellectual Property webcast, Thomas McNulty and Sandra Szela Congdon of Lando & Anastasi, LLP discuss absolute novelty worldwide. Learn more about Lando & Anastasi, LLP at http://www.lalaw.com.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/07/absolute-novelty-worldwide-not-always-so-absolute/

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Panel Revives Reed Smith's Suits Against Firms in Malpractice Cases

Reed Smith can defend itself against a malpractice suit filed by beverage company Millennium Import over a failed licensing deal by claiming that Millennium was at fault, and can simultaneously sue other law firms for contribution, a unanimous New York state appellate panel ruled last week. The decision reverses a lower court ruling dismissing Reed Smith's claims against the other firms.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202585684725&rss=newswire

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Ultrabook Benefits for Attorneys

The big story at the 2012 Consumer Electronics Show was "ultrabooks." This new category of computer stole the thunder, at least for a few days, from tablet computers. Should lawyers be considering ultrabooks in 2012? In this episode, Dennis Kennedy and Tom Mighell take a look at the new world of ultrabooks, whether tablet computers like the iPad are taking over the computer market, and what it all means for traditional notebook computers and desktop PCs.After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/01/ultrabook-benefits-for-attorneys/

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DOMA down, but why?

The 1st Circuit today held that the Defense of Marriage Act's denial of federal benefits to married same-sex couples is unconstitutional. Massachusetts v. US Department of Health and Human Services (1st Cir 05/31/2012).

The federal Defense of Marriage Act (DOMA) Section 3 prevents same-sex married couples from filing joint tax returns, prevent a surviving spouse from collecting Social Security survivor benefits, and prevents federal employees from sharing medical benefits with same-sex spouses.

The trial court held that DOMA Section 3 is unconstitutional; the 1st Circuit affirmed.

The court's decision surveys equal protection and federalism issues and concludes that "governing precedents under both heads combine - not to create some new category of 'heightened scrutiny,' ..., but rather to require a closer than usual review based in part on discrepant impact among married couples and in part on the importance of state interests in regulating marriage."

Thus the court gave less deference to, and "closer scrutiny of government action touching upon minority group interests and of federal action in areas of traditional state concern."

The court concluded that denial of federal benefits to same-sex married couples "has not been adequately supported by any permissible federal interest."

The court stayed its mandate, thus extending the trial court's stay, in anticipation of the losing parties seeking certiorari in the US Supreme Court.

My view:

This is a decision, purportedly based on the US Constitution, that essentially avoids making an explicit connection to the text of the Constitution.

The idea is that states regulate marriage, the federal government may have something to say in this regard, but the reasons behind the federal government's actions didn't have enough oomph. No, there's no 10th amendment violation, and no violation of the Spending Clause. And no, there's no "strict scrutiny" going on. And no "new category of 'heightened scrutiny.'" But wait, let's give the legislation "closer scrutiny."

I'm no fan of DOMA, but it's not really clear to me what this court is doing.

[By the way, similar DOMA issues are pending in the 9th Circuit.]

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Source: http://www.lawmemo.com/blog/2012/05/doma_down_but_w.html

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Digital Natives: As Bad At Tech As They Are At Law

An interesting argument broke out after Carolyn Elefant posted an open letter to New Lawyers at My Shingle:

At 48 years old, I am old enough to be your mother.  And you should be ashamed of yourself.  Here you are, coming to me for a legal job when you don’t know the first thing about RSS feeds, blogging (reading them, let alone writing them), Twitter, Pinterest or YouTube.  And what’s more, you have no comprehension of the importance of these tools to my practice and seemingly no interest in learning how to use them.

Just out of law school, your skills are of minimal use to me.  Nothing you research or write will be worthy of filing without significant oversight and feedback. And that’s okay. 

But what I can’t abide is having to teach you how to tweet about current events.  How to set up an RSS feed. How to track and stay on top of news from two or three industry blogs.  Supposedly, you grew up on this stuff.  So why do you need to take instructions from someone old enough to be your mother on how to use tools that should come as second nature?

Now Carolyn, who doesn't look a day over 35, Sought to cajole new lawyers into an epiphany, that what they lack in value as lawyers they ought bring in value as digital natives.  She goes on to talk about various technological marketing pieces, which matter to her, but the core aspect of her rant is that young people ought to possess a skillset that old folks lack. So why don't they? And if they have it, why aren't they using it?

Over at The Puddle, n00bie lawyer Josh Camson responds in an open letter of his own to "Senior Lawyer," I am not a tech expert.

As you point out, I have grown up around technology. I had my first cell phone in 2000. I joined Facebook when it was only open to other college students. I joined Twitter briefly when it first came out, and even had a Blogger account at the end of my college career. During this time I was also trying to pass exams and figure out my life. Then I spent three years learning the law. I’ve spent the last two figuring out starting to figure out how to be a lawyer.

In contrast, you’ve had the last twenty years to understand how law and technology fit together. You were already in law school when the Apple Macintosh was released. That means you’ve had the last thirty years to learn about new technologies as they develop. More importantly, you’ve been able to slowly incorporate those technologies into your practice. If you haven’t found a video solution that you like, or a system to stay up-to-date on industry developments, why should that be my problem? Why am I expected to have your solution?

Its unclear whether Josh's argument is that he's not really as tech savvy as old lawyers think, or that he's here now as a lawyer and doesn't want to be relegated to the role of "the computer guy," If the former, it would be far more comprehensible. Just because a lot of kids spend time chatting up their friends on Facebook doesn't make them knowledgeable or competent to handle tech. Old folks, who are utterly clueless, may think they are, but that's just because they're utterly clueless.

One of the memes that are sold to "senior lawyers" in law firms is that they can slough off any tech issues onto the kids. The assumption is they all know that "stuff," and they can handle the firm's twitter needs without blinking. Bad news, guys. It's baloney. Any idiot can type words onto a screen, but that's not what tech is about. You didn't realize that? Bummer.

The kids realize that your expectations of their tech abilities are, ahem, overestimated. And to add insult to injury, when things don't work out the way you expect, like your new baby lawyer in charge of twitter isn't bringing in a million dollars of new business a week, who are you going to blame? They must be doing it wrong, since everybody knows that tech is the future, tech is the gravy train. All you need is some kid to twit for you and fabulous wealth is coming your way. Unless the kid screws up, of course.

But as much as new lawyers may not want to be pigeonholed as digital natives, you can't ignore the flip side of Carolyn's point. Your law chops aren't what you think they are. The senior lawyer is not only expected to pay you, but aside from making a decent cup of coffee (thank you, Keurig), you not only can't produce usable work yet, but suck time away to correct and teach you how to do things right. Until you can, you are a drain on the firm, on the senior lawyer.  But thanks for the coffee.

This isn't a smack against new lawyers, per se. We were all new once, and before there was an internet to manage, there were brief cases to carry, pocket parts to insert, typewriter ribbons to change. We were new lawyers too, but we understood that an integral part of our job, a reason the senior lawyers was willing to give us money every week whether we performed good legal work or not, was because we did whatever we could to add value to their practice.

What we did not do was tell the nice person who paid us, "oh no, old man. I'm no coffee fetcher, no briefcase carrier, no pocketpart inserter. I'm a lawyer, and I damn well expect you to treat me with the respect I think I deserve."  There were people who did this, and there was a name for those people: unemployed.

It's quite possible that the reason you bring nothing to the table when it comes to technology is that you have nothing to bring.  If that's the case, man up and admit it. And if your senior lawyers is more tech savvy than you are, spend your quiet time at home learning how not to be the tech runt of the office, because it's frankly inexcusable today and will be an unacceptable impediment to your future as a lawyer.

And senior lawyers, no matter how youthful your appearance or what you thought of the Mac when it first came out, need to understand that tapping nonsense words into Facebook may be fun and kewl, but does not an IT expert make. Technological savvy is not a prerequisite for being young, and some don't have the chops for either law or technology. Sorry to burst your senior lawyer bubble.






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Source: http://blog.simplejustice.us/2013/01/24/digital-natives-as-bad-at-tech-as-they-are-at-law.aspx?ref=rss

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A Civil Remedy

Professor Kate Nace Day of Suffolk University Law School discusses her new film, "A Civil Remedy," which premieres at the Brattle Theatre on April 26, 2012. For more information, go to http://filmandlaw.com/film.html.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/04/a-civil-remedy/

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Sunday, January 27, 2013

The Speech and Press Clauses, Revisited

David L. Lange, Melvin G. Shimm Professor of Law at Duke University Law School, discusses the First Amendment's speech and press clauses. Read more about Professor Lange at http://bit.ly/rw3ueY.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/the-speech-and-press-clauses-revisited/

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You Are Not Holding This Lady In Jail For That!

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A pack of cigarettes! She stole a pack of cigarettes! 22 years ago! People! Where is your sense of proportionality? As reported by wesh.com:

A mother of two sits in jail Monday unable to post bail after being put behind bars for the 1991 theft of a pack of cigarettes.
Jail? You couldn't release her on her own recognizance for this?
"Back in 1991, I shoplifted cigarettes from Walmart," Hall said.
So how'd they catch her now?
That 22-year-old crime followed her to Port Canaveral Thursday, where she was wrapping up a dream vacation with her husband and two kids.
The family had cruised aboard the Disney Dream, and authorities were waiting for her when they got back. "I was pulled to the side and told I had a warrant," Hall said.
Authorities said Hall had failed to pay the $85 in court costs when she was 18; and when authorities checked the ship's passenger list for terrorists, they found a warrant for Hall.
And to this even more ridiculous, check out the exemplary life Ms. Hall has led since her days as a career criminal ...
Since the theft, she had put herself through college, receiving a degree in architecture, and now she helps design jet engines for Pratt & Whitney in Connecticut.
Clearly she's a flight risk, right? What is wrong with these people? Here's the official explanation:
The Brevard County Jail will not let her post bail because it's an Orange County charge and she has to be transferred. However, because of the weekend and holiday, that might not be until Thursday.
That's a bunch of bureaucratic bullshit. The Juice is not pleased with this "case." Here's the source, including a video news story.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/u3C57KbfMNE/you_are_not_holding_this_lady.html

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Fund Manager Doug Whitman, Prosecutors Spar Over Sentencing

A war of words has broken out between federal prosecutors and lawyers for hedge-fund manager Doug Whitman as he prepares for sentencing after he was convicted of insider-trading charges last year.

Source: http://blogs.wsj.com/law/2013/01/23/fund-manager-doug-whitman-prosecutors-spar-over-sentencing/?mod=WSJBlog

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French Twitter Lawsuit Pits Free Speech Against Hate Speech

A French judge will decide this week if Twitter must hand over the identities of users sending anti-Semitic tweets. The case, brought against Twitter by a Jewish student group, is a clash of legal cultures: U.S. free speech guarantees vs. European laws banning hate speech.

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Source: http://www.npr.org/2013/01/22/169998834/french-twitter-lawsuit-pits-free-speech-against-hate-speech?ft=1&f=1070

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What is your "end game" for your second season?

To paraphrase Charlie Wilson, Texas Congressman, from the movie, Charlie Wilson's War, "...we changed the world, but we had no end game..." in Afghanistan. Chaos and catastrophe resulted. This reminds me of so many lawyers who have no "end game." They do not see the end of their law practice until, one day, they awake and decide they want to do something else, or they're not feeling so good and their doctor tells them they have a "problem." They have not planned for this time; they have not taken their destiny into their own hands. It's like going to the office without a plan for the day and reacting only when the phone rings.

I think that is what motivated me to write my new book, "Life After Law: What Will You Do With the Next 6000 Days?"  I've seen this in so many of my clients; I've seen this in my own family. Perhaps I'm guilty of the same sin. But, you needn't be. Create your own future. Know when you want to retire and what you want to do in your "retirement," your second season, the "next 6000 days" of your life.

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

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Brainless Blunders in E-Discovery Searches

Are you guilty of making big mistakes when it comes to e-discovery searches? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc., and John W. Simek, Vice President of Sensei Enterprises, welcome guest Attorney Craig Ball, one of the country’s leading computer forensics technologists, to share his insights on brainless blunders in e-discovery searches. Craig also talks about recall and precision as mortal enemies, data volume rather than data quality and tips on looking at data as data rather than as documents.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/04/brainless-blunders-in-e-discovery-searches/

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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.

Source: http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202473966828&rss=rss_ltn

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Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance

Bernie Jones, Associate Professor of Law at Suffolk University Law School, discusses her new book, "Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance." To learn more about Professor Jones' book, visit http://bit.ly/H6Fd2W.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/women-who-opt-out-the-debate-over-working-mothers-and-work-family-balance/

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Saturday, January 26, 2013

Sponsors Of Assault Weapons Ban Hope Newtown Shooting Changes Minds

Gun control advocates acknowledged they'll face big obstacles in Congress to a new ban on assault weapons and high-capacity magazines. But they say the shooting last month of 20 schoolchildren in Connecticut could make a difference.

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Source: http://www.npr.org/blogs/itsallpolitics/2013/01/25/170195037/sponsors-of-assault-weapons-ban-hope-newtown-shooting-changes-minds?ft=1&f=1070

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Future Law Office: Top Technology Trends Reshaping the Legal Field

In this video podcast of The Robert Half Legal Report, Charles Volkert, executive director of Robert Half Legal, and Robert Ambrogi, co-host of Lawyer2Lawyer on the Legal Talk Network discuss how law firms and corporate legal departments are leveraging technology to improve services and streamline workflow. They share key findings from Future Law Office, Robert Half Legal’s annual research program that examines important developments in the legal profession.

Source: http://legaltalknetwork.com/podcasts/robert-half-legal-report/2012/08/future-law-office-top-technology-trends-reshaping-the-legal-field/

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Judge Scheindlin’s Collection Case and Florida E-Discovery Amendments

One of the attributes that makes for a great e-discovery lawyer is the ability to wade through the digital mire that separates preservation from collection. The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins e-discovery expert David Kearney, Director of Technology Services at Cohen & Grigsby, to discuss Judge Shira Scheindlin’s recent opinion in the case, National Day Laborer Organizing Network et al. v. United States Immigration and Customs Enforcement Agency, et al. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman analyzes recent e-discovery amendments to the Florida Civil Procedure Rules.

Source: http://legaltalknetwork.com/podcasts/esi-report/2012/08/judge-scheindlins-collection-case-and-florida-e-discovery-amendments/

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Dayton includes across the board funding increases for the courts in budget

The budget unveiled by Gov. Mark Dayton today had some good news for those who work in courtrooms across the state.

He is asking for an increase in overall spending and funding increases for much of the justice system.

Under Dayton’s budget:

  • Civil Legal Services would get a 4.5 percent increase
  • The Board of Public Defense would get a 6.5 percent increase
  • The Supreme Court would get a 4.3 percent increase
  • The Court of Appeals would get a 5.9 percent increase
  • The District Courts would get a 6.2 percent increase
  • The Guardian Ad Litem Boar would get a 4.3 percent increase
  • The Tax Court would get a 19.5 percent increase
  • The Judicial Standards Board would get a 33 percent increase

Much of the new money would go to paying for new employees, raises, investments in technology and to up the contribution to the employee retirement fund for branch employees.

The legislature and the Governor will meet in the coming weeks to finalize a budget for the coming biennium.

Chief Justice Lorie Gildea released a brief statement after the recommendations were released.

“We appreciate Governor Dayton’s support for our budget request and look forward to working with the Legislature in the months ahead.”

 

 

Source: http://minnlawyer.com/minnlawyerblog/2013/01/22/dayton-includes-across-the-board-funding-increases-for-the-courts-in-budget/

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From Focus to Warm and Fuzzy (Update)

When Robb Fickman was the president of the Harris County Criminal Lawyers Association, he did something that mattered.  He put his ass on the line by taking a position that angered people in power, challenging a sitting judge who acted like a tyrant.  By doing so, he courted retaliation. Robb didn't care.

The judge he grieved, Joan Campbell, is retiring, Chron reporter Brian Rogers writes a glowing homage to this fine jurist for the time she wasn't cruel and arbitrary, but instead did the job for which she was paid.  What a wonderful judge.  How good of her to be thoughtful in sentencing one defendant. When someone retires, graciousness dictates that we only remember the good, as if the bad never happened.

But Fickman chooses not to be gracious, just as he wasn't afraid of the potential retaliation against him.  Mark Bennett questions whether Fickman's strength and boldness has given way to a different perspective.

I say, “the criminal-defense bar’s view,” but of course there is more than one view represented in Harris County’s criminal-defense bar. Some criminal-defense lawyers—at least one of whom aspires to be the next president-elect of the Harris County Criminal Lawyers Association—would vocally disagree with Fickman telling the truth about Campbell. These lawyers take the position that “we should avoid making enemies” is a good excuse for not doing the right thing. They would rather give judges (metaphorical?) handjobs or kolaches than file judicial-conduct complaints.

Maybe there's some variant of entropy that applies only to criminal defense lawyer bar associations, where they start out bold and purposeful, with a clear understanding of why they exist and whose voice they express. But over time, the strong grow old and weary, and new people come into the organization. The old were there out of a sense of duty, and they were willing to risk their personal comfort and welfare to achieve greater goals. 

The new come in for other reasons, some because they want to go from unknowns to players in the field, or seek validation, or want to network, are joiners, like the kids nobody notices in high school who are in every club.  These are not the sort of people who take risks. They certainly won't put themselves as risk.

Criminal defense lawyers love telling people they are the gladiators of the legal system, gunslingers who are ready at a moments notice to stare down Goliath with their slingshot at the ready. it's so romantic, and fills their bloomers with self-worth.  Maybe they are when facing the institutionally acceptable enemy, though most collapse like an empty suit when the mere hint of a threat against them is uttered.  Tough guys, until it isn't easy.

There is an aphorism that covers this situation, much as there is one that suffices to justify whatever people want to do:

You can catch more flies with honey than vinegar.

Be nice to judges. Don't make waves. Don't challenge them or, when they do wrong, call them out.  That, the new guys say, is how we should be. Don't make enemies.  It's less a belief than a rationalization for wimpiness. They're afraid, and this is how they explain why they cower in the corner whenever they are asked to pick sides.

Robb Fickman is made of sterner stuff than the H&K crowd. He belongs to the criminal-defense wing of the criminal-defense bar. If something needs saying, Fickman is not going to be deterred by the fact that saying it will make him enemies.

Fickman is a real criminal-defense lawyer, and that’s what real criminal-defense lawyers do. By definition, the job requires bucking the opinion of the majority. When we are doing the job, we say the things that nobody wants to admit are true; we point out that the emperor has no clothes; we save Frankenstein’s monster from the mob. So the mob doesn’t much care for us.

That's right. Nobody likes us. Not the judges. Not the prosecutors. Not even the clients. Nobody.  While it may well be that they don't dislike you nearly as much if you just sit there with your mouth shut and do nothing, that's not the same as liking you.  Yet you are willing to fade into non-existence, pointlessness, to avoid anyone thinking ill of you?

It was bad enough when I watched this happen in my own home, the New York State Association of Criminal Defense lawyers, compelling me to resign as vice-president, and again as a board member, in disgust after I personally failed to sway enough people to put themselves at risk by focusing on the mission of the institution.  The mission, always couched in a lovely platitude, honored in the breach.

I'm told that we must be less aggressive, less offensive, less strident, or we will make people angry with us.  And so the best we can do is ride the coattails of the bold, pale facsimiles of those who aren't afraid of being the first to take a stand.  Or worse, get so caught up in arguing amongst ourselves that we end up doing nothing. Stand for nothing. Be nothing. But at least no one was offended.

It's painful to watch this happen to the HCCLA, as the warm and fuzzy voices of not making waves predominate.  A judge may do harm to their clients, but better to not offend the judge and stay on their good side.  After all, if they act, the judge might get angry with them and, oh my god, do something.  They tremble at the very idea of someone being angry with them.

There has to be a name for this phenomenon. It happens too regularly for there not to be. But no matter how warm and fuzzy the view, there is one immutable fact that remains. The powerful will still hate us because of who we are, and the lies we tell ourselves won't change that.

Update:  Mark Bennett explains how I completely misapprehended the situation with the HCCLA by projecting my assumptions onto his scenario. The truth is that it never occurred to me, not for an instant, that what he wrote about could have possibly been different than my experience. 

This shows the power ot assumptive thinking and projection, and one can be utterly wrong without ever considering alternatives.  My bad, and my apologizes to Fickman and the young bucks of Harris County. 



© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2013/01/17/from-focus-to-warm-and-fuzzy.aspx?ref=rss

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Court to Decide if a Stolen Hard Drive Is Worth $4 Billion

Whoever broke into Sutter Medical Foundation in 2011 probably didn't realize the computer they stole could be worth $4 billion. The PC's hard drive contained information for 4 million patients, and California law provides nominal damages of $1,000 per individual for negligently released data. Now, a state appellate court has intervened in the case, which poses enormous stakes for California's entire health care industry.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202585859575&rss=newswire

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Railroad Chugs Forward Despite Wildlife Concerns

A federal appeals court in San Francisco has denied a challenge by environmental groups to a controversial railroad extension that would run through a wetlands-area in Alaska and link one of the state’s deep-water ports with a railroad running to the state’s interior.

Source: http://blogs.wsj.com/law/2013/01/23/railroad-chugs-forward-despite-wildlife-concerns/?mod=WSJBlog

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Turning TECHSHOW Topics into a Technology Agenda

Each Spring, ABA TECHSHOW takes center stage as one of the premier legal technology conferences. While there is great value in attending legal tech conferences, all lawyers can benefit simply by seeing what's on the TECHSHOW agenda. Organizers put a lot of thought into their agendas, so we can all learn where to put our technology focus by seeing what topics these shows cover. Dennis Kennedy and Tom Mighell use TECHSHOW 2012 as an example of how to assess your current technological agenda, talk about the major topics being covered at TECHSHOW, and suggest ways you can use the TECHSHOW topic list to set your technology priorities for 2012. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/03/turning-techshow-topics-into-a-technology-agenda/

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Friday, January 25, 2013

Revisiting Citizens United in an Election Year

Since 2010, there has been great debate over the controversial ruling, Citizens United. Most recently, the Montana Supreme Court challenged the decision while Senator McCain called it "one of the worst decisions I have ever seen." Lawyer2Lawyer co-hosts and attorneys, J. Craig Williams and Robert Ambrogi welcome, Attorney Joseph M. Birkenstock, former chief counsel of the Democratic National Committee and Bradley A. Smith, Chairman and Co-Founder of the Center for Competitive Politics and former Commissioner on the Federal Election Commission, for an in-depth discussion on the impact of the ruling during an election year and its influence on the upcoming Presidential election.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/01/revisiting-citizens-united-in-an-election-year/

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Fund Manager Doug Whitman, Prosecutors Spar Over Sentencing

A war of words has broken out between federal prosecutors and lawyers for hedge-fund manager Doug Whitman as he prepares for sentencing after he was convicted of insider-trading charges last year.

Source: http://blogs.wsj.com/law/2013/01/23/fund-manager-doug-whitman-prosecutors-spar-over-sentencing/?mod=WSJBlog

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The Healthy Workplace Bill

Professor Yamada, director of the New Workplace Institute at Suffolk Law, describes the Healthy Workplace Bill, anti-bullying legislation he has written that is the template for bills across the country. Read his blog at newworkplace.wordpress.com.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/the-healthy-workplace-bill/

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Recent tax law changes of 2013

On January 2, 2013, President Obama signed the American Taxpayer Relief Act of 2012 into law. Summarized below are highlights of those and other changes to Federal tax laws affecting income, payroll, gift and estate, and generation-skipping transfer taxes beginning in 2013.

New top federal marginal rates – ordinary income, capital gains, and qualified dividends

39.6% top ordinary income tax rate

In tax years beginning on or after January 1, 2013, for individuals above the threshold taxable incomes listed below, the highest marginal ordinary income tax rate increases from 35% to 39.6%. The 39.6% rate is a reinstatement of the highest rate from before the 2001 Bush-era tax cuts.

Filing Status Threshold taxable income amounts

Single

$400,000
Married filing jointly $450,000

The threshold amounts will be adjusted for inflation annually.

20% top capital gain and qualified dividend tax rate

In tax years beginning on or after January 1, 2013, for individuals above the threshold incomes listed above, the tax rate on long term capital gains and qualified dividend income increases from 15% to 20%.

3.8% Medicare tax on net investment income

For individuals above the threshold “modified adjusted gross income” amounts listed below, the net investment income tax, or NIIT, of 3.8% applies. The NIIT applies to a wide range of investment income, including certain long term capital gains and qualified dividends. In effect, the top tax rate on long term capital gains and qualified dividend income will be 23.8% for those whose income exceeds $450,000 ($400,000, if single).

The NIIT also applies to certain short term capital gains, ordinary dividends, interest, rental and royalty income, nonqualified annuities, income from businesses involved in trading of financial instruments or commodities, and income from businesses that are passive activities for the taxpayer.

Filing status Threshold modified adjusted gross income amounts
Single

$200,000

Married filing jointly $250,000

Phaseout of itemized deductions reinstated

Beginning in 2013, the itemized deduction phaseout will be reinstated for taxpayers above the applicable threshold amount listed below. The phaseout reduces itemized deductions by the lesser of 3% of the adjusted gross income amount above the threshold amount, or 80% of the otherwise allocable itemized deductions.

Filing status

Threshold adjusted gross income amounts
Single $250,000
Married filing jointly $300,000

Permanent AMT relief

Beginning in 2012 tax years, the AMT exemption amounts are permanently increased as listed in the table below and will be adjusted annually for inflation.

Filing status Increased 2012 exemption amounts
Single $50,600
Married filing jointly $78,750

0.9% additional FICA Medicare tax

Beginning on January 1, 2013, an additional 0.9% FICA Medicare tax applies to earnings above the threshold amounts listed below. The highest applicable FICA Medicare tax rate for employees increases from 1.45% to 2.35%, and for the self-employed from 2.9% to 3.8%.

 Filing status  Threshold earnings amounts
 Single  $200,000
 Married filing jointly  $250,000

Expiration of 2% FICA Social Security tax cut

Beginning on January 1, 2013, the 6.2% rate is reinstated for the employee portion of FICA Social Security tax. This is due to the expiration of the temporary 2% rate reduction in the employee portion of FICA Social Security tax from 6.2% to 4.2% on December 31, 2012. For the self-employed, the FICA Social Security tax rate of 10.4% reverts to 12.4%. The FICA wage base for 2013 is $113,700 and will be adjusted annually for inflation.

Section 1202 tax break extended through 2013

The 100% exclusion of certain gains from the sale of qualifying small business stock, or QSBS, under Section 1202 has been extended to acquisitions of QSBS from January 1, 2012 to December 31, 2013. Generally, QSBS must meet the following conditions: the stock was acquired at original issue from a domestic C corporation with gross assets of no more than $50,000,000, the C corporation met certain active business requirements, and the stock was held for more than five years. The amount of excludible gain is limited to the greater of $10,000,000 in aggregate gains, or 10 times the aggregate basis in QSBS.

Section 1374 built in gains relief extended through 2013

The previously reduced five year recognition period for computing built-in gains tax of an S corporation under Section 1374 has been extended to taxable years beginning in 2012 and 2013. The recognition period was to increase to ten years in 2012 until the five year recognition period was extended through 2013.

This tax applies if, during the recognition period, a C corporation converts to an S Corporation and then sells, for a gain, assets that were appreciated in value at the time of the conversion. Those “built-in gains” are taxed at the highest marginal corporate tax rate of 35%. Normally, the recognition period is the ten year period from the first day of the first taxable year for which the S election is effective.

Gift and estate tax exclusion, rates, and portability of deceased spouse’s unused exclusion amount

$5,000,000 gift and estate tax exclusion

The gift and estate tax, and generation-skipping transfer tax exclusion amount has been permanently set at $5,000,000, adjusted annually for inflation. The exclusion amount for 2013 is $5,250,000. Without this change, the exclusion amount would have fallen to or around $1,000,000 as of January 1, 2013.

40% top gift and estate tax rates

The gift and estate tax rate on transfers as of January 1, 2013 above the exclusion amount were increased as listed below. The highest rate increased from 35% to 40%. Without the new 40% rate, the highest marginal gift and estate tax rate would have increased to 55%.

Portability of deceased spouse’s unused exclusion amount made permanent

A surviving spouse’s election to include his or her deceased spouse’s unused exclusion amount will now be a permanent option. This portability election would have expired on December 31, 2012 without this change.

Source:
http://www.corporatesecuritieslawblog.com/tax-recent-tax-law-changes-of-2013.html

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SEC Sheds Light on Cyber Threat Disclosure

Edward Mikolinski JD '12 discusses his recent blog post, "SEC Sheds Light on Cyber Threat Disclosure" in the Journal of High Technology Law. Read the post at http://bit.ly/zuradT.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/sec-sheds-light-on-cyber-threat-disclosure/

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Medicare Set Aside Arrangements and Mass Torts

On Ringler Radio, host Larry Cohen is talking about Medicare Set Asides with colleague and co-host, Lynn DeMauro Clark and guest, Attorney John "Jay" F. Kearns III from the firm Kearns & Kearns. They take a look at mass torts and the facts surrounding the US v. James J. Stricker case. In addition, Jay explores the Medicare Medicaid SCHIP Extension Act of 2007 (MMSEA) and how it has created an uproar among insurers and personal injury lawyers and talks about Stricker’s overall significance to plaintiff attorneys.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/02/medicare-set-aside-arrangements-and-mass-torts/

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Obama Chooses Former U.S. Attorney Mary Jo White To Head SEC

White, who prosecuted terrorists during her time as U.S. attorney for the Southern District of New York, would succeed Mary Schapiro, who stepped down in December. The president is also planning to renominate Richard Cordray to lead the Consumer Financial Protection Bureau.

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Source: http://www.npr.org/blogs/thetwo-way/2013/01/24/170150510/obama-chooses-former-u-s-attorney-mary-jo-white-to-head-s-e-c?ft=1&f=1070

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Butzel Long seeks government relief for underfunded pension plan

In a rare move for a law firm, 140-attorney Butzel Long has asked a federal agency to take over its pension plan due to a major shortfall in funding. The Detroit-based firm, which focuses heavily on the automotive and aerospace industries, has lost about 100 lawyers since 2009. Its pension plan has about 450 participants, 350 of whom are no longer with the firm, according to the firm's president.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202585675731&rss=newswire

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Thursday, January 24, 2013

Putting the Web to Work for You

Have you ever wanted one action on the Web automatically trigger another action? For example, if you post a tweet, it automatically becomes a LinkedIn or Facebook update or if you star a blog post in Google Reader, it automatically gets added to your Evernote account. IFTTT (If This, Than That) is a web service does exactly that. In this episode of the Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss web automation and IFTTT, how it might make your life a little easier, and the role this type of service might play for the busy lawyer.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/putting-the-web-to-work-for-you/

statute law

Sign Had To Go, Rules Fourth Circuit

A federal appeals court ruled that a North Carolina town didn’t violate the First Amendment rights of a homeowner when it ordered him to scrub away a protest sign scrawled on the face of his house.

Source: http://blogs.wsj.com/law/2013/01/22/sign-had-to-go-rules-fourth-circuit/?mod=WSJBlog

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When you get a whiff of what's cooking in Tallahassee, it's tough to stick to New Year's resolution. (Florida Times-Union)

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Source: http://news.feedzilla.com/en_us/stories/law/video/278836534?client_source=feed&format=rss

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