Thursday, February 28, 2013

Todd Stabelfeldt: Spinal Cord Injury Advocate, Entrepreneur, Inspiration

On this very special Ringler Radio, host Larry Cohen welcomes colleague, Tony Robinson and their guest, Todd Stabelfeldt, a spinal cord injury victim and an advocate for those who have suffered the same injury, to share his inspirational story. Larry, Tony and Todd discuss everything from spinal cord injuries and caregivers, to technology, to helping and educating others through The Todd Stabelfeldt Foundation.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/04/todd-stabelfeldt-spinal-cord-injury-advocate-entrepreneur-inspiration/

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Attending Law School After Serving in Marine Counterintelligence

Jeff Gangi JD '14 discusses his experiences in Marine Counterintelligence and his studies at Suffolk University Law School. He also talks about his membership in the Suffolk Armed Forces Association.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/attending-law-school-after-serving-in-marine-counterintelligence/

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Gone Clio with Attorney Andrew Kawel

Listen as Clio co-founder Jack Newton talks with special guest, Andrew Kawel, founder of Kawel PLLC. You'll hear Jack and Andy discuss switching to Mac to minimize time and frustration in doing certain non-billable and labor intensive tasks, Dropbox, Google Voice, Google Apps and the cloud.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/02/gone-clio-with-attorney-andrew-kawel/

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Legal Talk Network Live at LegalTechNY 2012-Onit’s Eric Elman Spotlights Onit Apps

Eric Elfman spotlights "Onit Apps" for the legal marketplace which solve very specific problems for legal departments. 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-onits-eric-elman-spotlights-onit-apps/

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LawBiz® Legal Pad On the Road!: Client Expectations

Above all else, managing client expectations requires a commitment to communication. Tune in this week as Ed shares tips to make this easier for you.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/AdM5soy4R3U/

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Civility as an Art Form in Diplomacy and the Law

Civility is a skill in the management of differences, disagreements and conflict and is good for the law profession. So how essential is civility to the legal profession? And is it practiced well by lawyers? Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Dick A. Semerdjian from the firm Schwartz Semerdjian Ballard & Cauley LLP and chair of the ABA Tort Trial and Insurance Practice Section (TIPS), to discuss the status of civility in the legal profession.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/civility-as-an-art-form-in-diplomacy-and-the-law/

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Gone Clio with Attorney Andrew Legrand

On Gone Clio, Clio co-founder Jack Newton talks with special guest, New Orleans lawyer, Andrew Legrand. Andrew discusses his method for being completely paperless, disaster recovery and cloud storage, Clio’s Maildrop feature and shares his thoughts on the online law practice model.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/06/gone-clio-with-attorney-andrew-legrand/

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Wednesday, February 27, 2013

Anonymous Yelp Review Counts as Evidence

An anonymous Yelp comment helped settle a court dispute between rival health clubs.

Source: http://blogs.wsj.com/law/2013/02/26/anonymous-yelp-review-counts-as-evidence/?mod=WSJBlog

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The Am Law 100, the Early Numbers: At Seyfarth, Revenue and Profits Rise

Seyfarth Shaw posted solid financial results across the board in 2012, with gross revenues increasing 7.4 percent, to $520 million, profits per partner jumping 11.7 percent, to $910,000, and revenue per lawyer rising 4.5 percent, to $690,000, according to The American Lawyer. The firm's overall attorney head count rose 2.7 percent, to 753.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.americanlawyer.com/PubArticleALD.jsp?id=1202589821691&rss=newswire

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Starting Your Own Bankruptcy Practice

Did you ever think of starting your own bankruptcy practice? New Solo host and solo practitioner, Attorney Kyle R. Guelcher chats with Attorney Christina M. Turgeon, about some of the pros and cons of opening a bankruptcy practice, professional organizations a new lawyer should join when starting a bankruptcy law practice and important resources that would assist a new bankruptcy law practitioner.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/10/starting-your-own-bankruptcy-practice/

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INTELLECTUAL PROPERTY: Court revisits core question of what can be patented

The full Federal Circuit will revisit the vexing question of what is patent-eligible subject matter on February 8. Several cases confront whether broadcasters' copyrights give them control over how the shows are distributed. Plus, the IP challenges of 3D printers, a new act expands design-patent rights globally, David Kappos' departure from the U.S. Patent and Trademark Office, and the Twitter stars of the IP world.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202586757550&rss=rss_nlj

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Prosecutors could vacate convictions from troubled drug lab

Yesterday the County Attorneys in Dakota, Washington and Ramsey met with representatives from the State Board of Public Defense to discuss the problems with the St. Paul Crime lab.

Two audits of the lab were released earlier this month that highlighted serious problems with the lab’s testing of finger prints and suspected controlled substances. As a result of those reports, Jim Backstrom of Dakota, John Choi of Ramsey and Peter Orput of Washington announced today that they will begin their own review of all cases that relied on the lab for testing that resulted in a conviction at a judge or jury trial back to July 1, 2010.

The substances tested in those cases will be retested at a separate lab. If the retest leads to a negative result, the conviction will be vacated. If there substance was destroyed or there is not enough available for retesting, prosecutors will look for preliminary field tests and other “corroborating evidence” in the file to support the conviction. If there is no positive preliminary test or insufficient corroborating evidence exists, the conviction will be vacated.

So far, 192 retests in three counties have been completed. Of those, 189 confirmed the results and the existence of a controlled substance. Two retests identified a drug that the St. Paul lab missed. One case was dismissed after the retest came back negative.

The three prosecutors released a joint statement today:

As we have previously stated, we believe it is important for the public to keep in mind that the deficits and problems which have to date been identified in the St. Paul Police Department’s Crime Lab have not yet been shown to have resulted in the widespread misidentification of substances believed to be illegal drugs, as has been confirmed by the retesting process to date. This is not intended to minimize the seriousness of the problems identified at the Crime Lab. These are very serious problems which in many ways undermine the public’s confidence in the operation of our justice system.

 

Source: http://minnlawyer.com/minnlawyerblog/2013/02/21/prosecutors-could-vacate-convictions-from-troubled-drug-lab/

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Solos, Structured Settlements, & Medicare Set Asides

Solo attorneys need to know what is happening in the structured settlement industry for a more successful practice. New Solo host, Attorney Kyle R. Guelcher, a solo practitioner looks to the experts, Ringler Associates Consultant Peter Early, and Vincent Polinsky, Director of Operations at Ringler Medicare Solutions, to explain the evolving role of the structured settlement consultant today. Hear the discussion about the advantages of a Medicare Set-Aside, and the benefits overall to your client’s settlement.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/04/solos-structured-settlements-medicare-set-asides/

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The Surefire Way to End Online Piracy: End Copyright

Dr. Dean Baker, co-director of the Center for Economic and Policy Research in Washington, D.C., discusses his recent article in the Huffington Post, "The Surefire Way to End Online Piracy: End Copyright." Read more about Dr. Baker at http://bit.ly/c6VVJo.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/01/the-surefire-way-to-end-online-piracy-end-copyright/

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David Lange: Golan, Again

David L. Lange, Melvin G. Shimm Professor of Law at Duke University Law School, revisits the Supreme Court case, Golan v. Holder, discussing the decision and its aftermath. Read more about Professor Lange at http://bit.ly/rw3ueY.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/david-lange-golan-again/

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Tuesday, February 26, 2013

NLRB's recent significant decisions

The NLRB this week made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. The Board continues with three members, Chairman Mark Gaston Pearce and Members Richard F. Griffin, Jr. and Sharon Block.

The decisions touch on a variety of issues including social media postings, charter school jurisdiction, backpay awards, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a contract.

Hispanics United of Buffalo
The Board found that the employer unlawfully fired five employees because of their Facebook posts and comments about a coworker who intended to complain to management about their work performance. In its analysis, the Board majority applied settled Board law to the new world of social media, finding that the Facebook conversation was concerted activity and was protected by the National Labor Relations Act. Member Hayes dissented.

Alan Ritchey, Inc.
In a unanimous decision that resolved the last of the two-member cases returned following the 2010 Supreme Court decision in New Process Steel, the Board found that where there is no collectively-bargained grievance-arbitration system in place, employers generally must give the union notice and an opportunity to bargain before imposing discipline such as a discharge or suspension on employees. Member Hayes was recused.

Latino Express
In a decision that will affect most cases in which backpay is awarded, the Board decided to require respondents to compensate employees for any extra taxes they have to pay as a result of receiving the backpay in a lump sum. The Board will also require an employer ordered to pay back wages to file with the Social Security Administration a report allocating the back wages to the years in which they were or would have been earned. The Board requested briefs in this case in July 2012. Member Hayes did not participate in the case.

Chicago Mathematics & Science Academy
Rejecting the position of a teachers’ union, the Board found that it had jurisdiction over an Illinois non-profit corporation that operates a public charter school in Chicago. The non-profit was not the sort of government entity exempt from the National Labor Relations Act, the Board majority concluded, and there was no reason for the Board to decline jurisdiction. Member Hayes dissented in part.

United Nurses & Allied Professionals (Kent Hospital)
The Board, with Member Hayes dissenting, addressed several issues involving the rights of nonmember dues objectors under the Supreme Court’s Beck decision. On the main issue, the majority held that, like all other union expenses, lobbying expenses are chargeable to objectors, to the extent that they are germane to collective bargaining, contract administration, or grievance adjustment. The Board invited further briefing from interested parties on the how it should define and apply the germaneness standard in the context of lobbying activities.

WKYC-TV, Gannet Co.
Applying the general rule against unilateral employer changes in terms and conditions of employment, the Board found that an employer’s obligation to collect union dues under a check-off agreement will continue after the contract expires and before a bargaining impasse occurs or a new contract is reached. Member Hayes dissented.


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Source: http://www.lawmemo.com/blog/2012/12/nlrbs_recent_si.html

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Recommendations for a Social, Mobile and Global Legal Profession

The ABA Commission on Ethics 20/20 has released its latest recommendations so that the rules and ethics of the legal profession keep up with the incredible pace of technology. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the details from the ABA Commission’s Chief Reporter, Professor Andrew Perlman, and debate these suggestions with Attorney Bradley Shear.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/recommendations-for-a-social-mobile-and-global-legal-profession/

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Kid Gets Suspended For This?

shock%20electric%20zap%20electrical.gifYes, Christian Haughwout, a 14-year-old student at The Morgan School in Clinton, Connecticut, was suspended for 10 days for ... bringing a camera to school that emits a mild shock! The official reason for the suspension?

"Possession of a dangerous instrument and causing a threat or danger to the physical well-being of himself or other people."
Really? Yes, and on top of that, as reported by The Hartford Courant:
In juvenile court, the boy also faces charges of possession of a dangerous weapon on school grounds, attempted assault and breach of peace.
Suspended and busted! What to do. Christian's parents challenged the suspension via a lawsuit in federal court. The case was settled, with the school letting Christian return, and his parents agreeing to drop the lawsuit.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/v1xk_Is2Lyg/post_605.html

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Accused ‘Cannibal’ Cop Mounts ‘Fantasy Defense’

Lawyers for the accused 'cannibal' cop, Gilberto Valle, are mounting what is known as the "fantasy defense.''

Source: http://blogs.wsj.com/law/2013/02/25/accused-cannibal-cop-mounts-fantasy-defense/?mod=WSJBlog

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Inside Ringler Medicare Solutions

Medicare and Medicaid compliance when it comes to legal settlement claims can be complicated. This is an area especially critical to claimants, attorneys and insurers and expertise is needed. In this podcast, Ringler Radio host Larry Cohen joins Tom Blackwell, Vice President and Program Director of Ringler Medicare Solutions, Inc. (RMS), as they take a look at RMS’ long-term development plan, how RMS can help with the administration of workers’ compensation claims, liability claims and in claim settlement strategies and the impact of the Strengthening Medicare and Repaying Taxpayers Act (SMART) on the structured settlement industry.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/02/inside-ringler-medicare-solutions/

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Gone Clio with Attorney Beate Weiss-Krull

Listen as Clio co-founder and CEO Jack Newton talks with special guest, Beate Weiss-Krull, a general practitioner based in Portland, Oregon. You’ll hear Jack and Beate talk about how #cloudcomputing helps her manage her US and German cases, her switch from PC to Mac, ScanSnap and other #paperless productivity tips.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/01/gone-clio-with-beate-weiss-krull/

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The Best Resources for Staying Current in E-Discovery

How do you keep up with all that is going on in the world of e-discovery? 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, Neil Squillante, publisher of LitigationWorld, who discusses his selection of resources for staying current in e-discovery. Neil tells us how to keep up with e-discovery developments, lists his favorite blogs and podcasts, and explains how you can benefit from the Sedona Conference and webinars.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/02/the-best-resources-for-staying-current-in-e-discovery/

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The Full Monty: K&L Gates Posts Detailed 2012 Financials

In a departure from standard practice for major U.S. law firms, K&L Gates LLP has posted an unusually detailed account of its 2012 results that includes information that many law firms keep to themselves.

Source: http://blogs.wsj.com/law/2013/02/21/the-full-monty-kl-gates-posts-detailed-2012-financials/?mod=WSJBlog

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Monday, February 25, 2013

Cryopreserved Embryos in Divorce Cases

Charles Kindregan, professor of law at Suffolk University Law School, discusses the emerging legal issues regarding cryopreserved embryos in divorce cases. Learn more about Professor Kindregan at http://bit.ly/hqQg1q.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/cryopreserved-embryos-in-divorce-cases/

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Paralegal Hiring Trends

Are you ready to search for a paralegal job? On The Paralegal Voice Kim Wierzel, Esq., a reformed litigator and Placement Director with Special Counsel, joins co-hosts Lynne DeVenny and Vicki Voisin to talk about everything you need to know regarding the paralegal job market. Their discussion includes current paralegal hiring trends, educational and certification requirements, tips for paralegals just entering the job market, and the top three areas paralegal job seekers most need to improve to be more marketable. Kim also addresses a current "hot button" issue for the paralegal profession, i.e. whether employers are seeking inexperienced new attorneys instead of experienced paralegals.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/03/paralegal-hiring/

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UN chief calls for abolition of death penalty

[JURIST] UN Secretary-General Ban Ki-moon [official profile] on Monday reiterated his call for global support against the use of death penalty [statement]. The message was delivered by UN Deputy High Commissioner for Human Rights Kyung-wha Kang [official profile] in an event organized by the International Commission against Death Penalty [advocacy website]. Ban stressed that death penalty should be abolished because it is inconsistent with the most fundamental human right principle: right to life. He also expressed concern that some states...

Source: http://jurist.org/paperchase/2013/02/un-chief-calls-for-abolition-of-death-penalty.php

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What happens when there's a community meeting next to a gun show? (Florida Times-Union)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Law - Video News, RSS and RSS Feed via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/law/video/283875736?client_source=feed&format=rss

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Heinz Trader Tied To SEC Probe Was Goldman ‘Private Wealth Client’

Heinz Trader Tied To SEC Probe Was Goldman ‘Private Wealth Client’

Source: http://blogs.wsj.com/law/2013/02/21/heinz-trader-tied-to-sec-probe-was-goldman-private-wealth-client/?mod=WSJBlog

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'Permanent' Transfer Tax Relief At Last

For the first time in more than a decade, Congress has enacted a permanent set of estate, gift and generation-skipping transfer tax rules. While Congress can always change the law, there is no automatic "sunset" or change built into the current law. 

In a nutshell, the new transfer tax law provides: 

  • $5 million exemption for gift, estate and generation-skipping tax, adjusted for inflation after 2011. The 2013 exemption amount is $5,250,000.
  • Exemption is applied both to lifetime gifts and to transfers at death, and also applies for generation-skipping transfers.
  • Marginal tax rate on transfers above the exemption amount is 40%.
  • Portability is made permanent. This allows a surviving spouse to use the “unused” gift and estate tax exemption (but not generation-skipping tax exemption) of the first spouse to die for the survivor’s lifetime gifts and transfers at death, with certain restrictions.
  • Several helpful generation-skipping tax technical provisions were made permanent.

Other items to consider:

  • The gift tax annual exclusion for 2013 is $14,000, up from $13,000, and is increased to $143,000 for gifts to a non-U.S. citizen spouse.
  • Direct payment of tuition and medical expenses remains gift-tax free in unlimited amounts.
  • The new, higher income tax rates also apply to trusts, which will focus increased attention on income tax planning for trusts.

For further information, please contact Lauren Liebes (213-617-5444, lliebes@sheppardmullin.com).

Source:
http://www.corporatesecuritieslawblog.com/tax-permanent-transfer-tax-relief-at-last.html

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The AM Roundup: Obama’s Cyber-Plan; Tough Look at the ABA, More

Law Blog rounds up the morning's news.

Source: http://blogs.wsj.com/law/2013/02/21/the-am-roundup-obamas-cyber-plan-tough-look-at-the-aba-more/?mod=WSJBlog

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Australia judge rejects challenge to same-sex marriage ban

[JURIST] An Australian judge ruled [judgment] Thursday that the nation's ban on same-sex marriage [JURIST news archive] does not amount to gender discrimination, dismissing a challenge to the law. The ruling upholds the decision of the Australian Human Rights Commission (AHRC) [official website] to terminate the complaint of sex discrimination under the Sex Discrimination Act of 1984 [text] on the grounds that it was "misconceived and/or lacking in substance." Justice Jayne Jagot of the Federal Court of Australia [official website]...

Source: http://jurist.org/paperchase/2013/02/australia-judge-rejects-challenge-to-same-sex-marriage-ban.php

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Sunday, February 24, 2013

Best Billable Hour Practices for Paralegals

Are you looking for answers when it comes to billable hour practices? Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin join Jennifer Karns, Legal Professional Training Manager for Snell & Wilmer L.L.P., as they discuss billable hour practices. Jennifer emphasizes the importance of meeting billable hour goals and adding value to time entries. She also shares essential tips for improving your billing descriptions and capabilities.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/07/best-billable-hour-practices-for-paralegals/

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Digital Cameras in Law: Are Smartphones Good Enough?

These days, the camera in your pocket (your smartphone camera) is powerful enough to meet all of your 'good-enough' photo needs. So what are the pros and cons as well as legal precedents involved with opting for your smartphone the next time you need to take a photo? What are the evidence handling and discovery implications? In this episode, Dennis and Tom share their experience with digital photography, smartphone cameras and applications to manage these files. In the second half of the show, our hosts suggest reaching for your tablet if you're looking for better ways to present and also offer some great general tips on presenting PowerPoint and Keynote slideshows.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/02/digital-cameras-in-law/

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The Battle to Unmask ‘Company Doe’

Consumer advocacy groups, allied with national news organizations, are asking a federal appeals court to unmask the identity of a company that was the subject of a safety complaint.

Source: http://blogs.wsj.com/law/2013/02/19/the-battle-to-unmask-company-doe/?mod=WSJBlog

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The "Pink Collar" Profession: The Male Paralegal's Perspective

Is the paralegal profession a woman’s world? Or is the number of male paralegals on the rise in this female-dominated profession? Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin get the male perspective and some interesting insight from special guests, Carl H. Morrison, II, PP, AACP, a Certified Paralegal at Rhodes Hieronymus and Zachary W. Brewer, CP, a Litigation Paralegal at Hall Estill.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/06/the-pink-collar-profession-the-male-paralegals-perspective/

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Virtual Paralegals: Forming a Magical Team

Are you thinking about working virtually but don’t know how to get started? Paralegal Voice co-host Vicki Voisin welcomes virtual professionals Tina Marie Hilton, owner of Clerical Advantage and Cathy L. Ribble, ACP, owner of Digital Paralegal Services, LLC, to spotlight virtual paralegals and how to form a magical team. Tina and Cathy share their personal experiences, the important skills needed to be a successful virtual professional, as well as the websites and blogs that they visit often for their businesses. They also predict a very bright future for virtual professionals and provide their reasoning for that.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/10/virtual-paralegals-forming-a-magical-team/

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Surviving the Workplace Transition – Tips from NALA

On this edition of The Paralegal Voice, co-host Vicki Voisin welcomes Elizabeth H. Nellis, ACP and Beverly A. Pace, ACP from NALA to discuss tips for transitioning into the legal workplace and how to survive once you are there. Is what you are wearing working against your chance at a job? Listen in as they go over common first-day mistakes and pitfalls you can avoid.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/02/school-workplace-transition-nala/

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Saturday, February 23, 2013

The Perfect Real World Problem for a Trademark Class

In this week's IP Podcast, Professor Megan Carpenter of Texas Wesleyan University School of Law discusses teaching IP in the midst of a trademark dispute. Learn about Professor Carpenter at http://bit.ly/wwylwM.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/the-perfect-real-world-problem-for-a-trademark-class/

personal injury

David Lange: Golan, Again

David L. Lange, Melvin G. Shimm Professor of Law at Duke University Law School, revisits the Supreme Court case, Golan v. Holder, discussing the decision and its aftermath. Read more about Professor Lange at http://bit.ly/rw3ueY.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/david-lange-golan-again/

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2011 Intellectual Property Year in Review and Outlook for 2012 – Part I: Patents

IP Counsel host, Attorney Peter Lando, partner at the firm of Lando & Anastasi, LLP, welcomes Craig Smith, partner at Lando & Anastasi, to discuss important patent cases and court decisions in 2011 from the United States Supreme Court and the Court of Appeals for the Federal Circuit covering a wide range of issues, including patentable subject matter, inventor rights, inducement of patent infringement, damages, and inequitable conduct. Peter and Craig also discuss major cases on the dockets of the Supreme Court and Federal Circuit in 2012 that will be followed closely by practitioners and the business community.

Source: http://legaltalknetwork.com/podcasts/ip-counsel/2012/02/2011-intellectual-property-year-in-review-and-outlook-for-2012-part-i-patents/

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Are American Law Schools Failing Students?

In his new book, Failing Law Schools, Washington University Law Professor Brian Tamanaha claims the American law school system is broken. He blames many institutional practices including skyrocketing tuition, bloated faculties, and unnecessary school rankings. But is this a fair critique? Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, examine these issues and more with Professor Tamanaha and Dean Susan Poser from the University of Nebraska College of Law.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/are-american-law-schools-failing-students/

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Are Suspects Just Too Tough?

No clue what happened or why this individual became the focus of police attention, but the visuals are pretty clear.  It raises a question, however. Are all perps so darn tough that they require so many police officers to beat them at once? 

Wouldn't just one or two be enough to teach a lesson to a person who is laying on the ground in a submissive position?  Or do cops just do such a really awful job beating people that it takes so many? Just asking.



Apologies for the background music. Inappropriate and unhelpful.



© 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/2013/02/23/are-suspects-just-too-tough.aspx?ref=rss

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Heinz Trader Tied To SEC Probe Was Goldman ‘Private Wealth Client’

Heinz Trader Tied To SEC Probe Was Goldman ‘Private Wealth Client’

Source: http://blogs.wsj.com/law/2013/02/21/heinz-trader-tied-to-sec-probe-was-goldman-private-wealth-client/?mod=WSJBlog

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The Impact of BU Law’s LL.M. Programs

BU Law has offered a post-graduate legal education leading to the Master of Laws degree for more than 125 years. In this BU Law podcast, host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth, welcomes John N. Riccardi, BU Law’s assistant dean for Graduate and International Programs and director of the Office of Graduate and International Programs, to take a look at the School’s graduate programs for international lawyers. Later in the program, David is joined by former student Johan S. Ellefsen, who talks about his experience with the LL.M. program and where he is today.

Source: http://legaltalknetwork.com/podcasts/boston-university-school-of-law/2012/03/the-impact-of-bu-laws-ll-m-programs/

lawer

NSSTA’s Leadership

Whether you are a member or just someone interested in structures, National Structured Settlement Trade Association (NSSTA) is the voice of the industry. Ringler Radio host, Larry Cohen joins colleagues, Randy Dyer, the current President of NSSTA and John Machir, President‑elect of NSSTA, to talk about the bigger issues that are facing the structured settlement industry today and some of the leading items on their agenda for 2012.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/09/nsstas-leadership/

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Friday, February 22, 2013

The Virtues of the English

An email arrived this morning soliciting my willingness to promote a book of war stories by a British Queen's Counsel.  With a link to his Amazon page and the vanity blurb about his glory, he suggested that you, readers of SJ, might be interested in purchasing his book.

My response was:
While I occasionally do book reviews, under no circumstances would I ever blindly promote a book. People who want to advertise their wares for sale pay for the advertising.
His reply:
Had my book been of interest to your readers I would have offered you a review copy.

However, with such a discourteous reply if you want a review copy you will have to buy it.
All of which offers me the opportunity post this great video of Dame Maggie Smith's Violet in Downton Abbey.



Perhaps one of my English friends can help me to express my vulgar American view in a more civilized manner?  After all, I would hate to be discourteous to some egomaniacal Brit wanker who cold-solicits me to sell his book of fabulous war stories, and who would be so very generous, if only I would assure him of aiding his marketing campaign, to send me a review copy so I too could bask in his revelry.

As for buying it, I'll pass.

Anyone who can guess the name* of the QC wins a copy of Nathan Burney's brilliant Illustrated Guide to Criminal Law

* Contest limited to the U.S., since nothing done here is worthy of the British.


© 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/2013/02/18/the-virtues-of-the-english.aspx?ref=rss

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Recommendations for a Social, Mobile and Global Legal Profession

The ABA Commission on Ethics 20/20 has released its latest recommendations so that the rules and ethics of the legal profession keep up with the incredible pace of technology. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the details from the ABA Commission’s Chief Reporter, Professor Andrew Perlman, and debate these suggestions with Attorney Bradley Shear.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/recommendations-for-a-social-mobile-and-global-legal-profession/

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New iPad, New Decisions

Apple just announced the newest version of the iPad, setting the Internet abuzz with anticipation and speculation. Is this next big thing? More importantly, must this be your next tech purchase? In this episode, Dennis Kennedy and Tom Mighell discuss the new iPad announcement and reactions, what the new iPad brings to the table, and whether lawyers should expect to see a new iPad in their possibly post-PC futures. 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/new-ipad-new-decisions/

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Making Collaboration Tools Work in 2012

People are collaborating more than ever before. There are more collaboration tools and technologies than ever before. Yet, the actual adoption of collaboration tools seems to lag behind the wish to use collaboration tools. In this episode, Dennis Kennedy and Tom Mighell discuss the gap between tools and people in collaboration, the common challenges faced when implementing collaboration tools, especially ones used by lawyers, and their best recommendations for improving the adoption of collaboration tools and technologies in 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/2012/01/making-collaboration-tools-work-in-2012/

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Predictive Policing and the Law

Some law enforcement agencies, like the Los Angeles Police Department, are turning to crime prediction software to aid in decreasing the rising crime rate, better known as predictive policing. Weighing the advantages of these programs to reduce crime raises questions about racial profiling within specific neighborhoods and our civil liberties. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Dr. Jeff Brantingham, co-founder of the company, PredPol and Professor Andrew G. Ferguson from the University of the District of Columbia David A. Clarke School of Law, as they look at the legal issues surrounding predictive policing.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/predictive-policing-and-the-law/

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UN urges US Congress to renew Violence Against Women Act

[JURIST] UN experts on Tuesday urged [press release] the US House of Representatives [official website] to renew the Violence Against Women Act (VAWA) [S 47, PDF] which expired in 2011. The bill is intended to increase protections for Native American and Alaskan Native women, lesbian, gay, bisexual, and transgender victims, and immigrant victims and their children. The legislation also give tribal courts on reservations more power to pursue cases against non-indigenous individuals who attack indigenous women on tribal land. Last...

Source: http://jurist.org/paperchase/2013/02/un-urges-us-congress-to-renew-violence-against-women-act.php

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Transgender Family Law in the Courts

Advocates for the transgender community say this segment of the population faces an extremely difficult time in court because of bias and misunderstanding, especially in cases of parental rights and protection for transgender youth. Lawyer2Lawyer co-host and attorney, Bob Ambrogi breaks down the difficulties the transgender community faces every day with Attorney Jennifer L. Levi, the director of GLAD's Transgender Rights Project and Attorney Elizabeth E. Monnin-Browder from Ropes & Gray and a former GLAD attorney. Jennifer and Liz also discuss their new book, Transgender Family Law: A Guide to Effective Advocacy.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/transgender-family-law-in-the-courts/

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Thursday, February 21, 2013

2011 Intellectual Property Year in Review and Outlook for 2012 – Part I: Patents

IP Counsel host, Attorney Peter Lando, partner at the firm of Lando & Anastasi, LLP, welcomes Craig Smith, partner at Lando & Anastasi, to discuss important patent cases and court decisions in 2011 from the United States Supreme Court and the Court of Appeals for the Federal Circuit covering a wide range of issues, including patentable subject matter, inventor rights, inducement of patent infringement, damages, and inequitable conduct. Peter and Craig also discuss major cases on the dockets of the Supreme Court and Federal Circuit in 2012 that will be followed closely by practitioners and the business community.

Source: http://legaltalknetwork.com/podcasts/ip-counsel/2012/02/2011-intellectual-property-year-in-review-and-outlook-for-2012-part-i-patents/

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Transparency in Congressional Travel

Members of Congress and their staffers who travel at the expense of private organizations must follow a long list of legal restrictions and requirements. However, there is a little known exemption that allows the same federal employees to travel with virtually no accountability and very little transparency. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, along with ProPublica.org reporter Justin Elliott and Washington University Law Professor Kathleen Clark examine the ethics, legalities and secrecy of these Congressional trips abroad.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/transparency-in-congressional-travel/

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Language is Everything

There's more than one way to see things!

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/ay7qKuQiFOI/

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Bed Bugs Litigation

All across America, from motels to five-star hotels, bed bugs are affecting people both physically and mentally, resulting in lawsuits. These tiny creatures are not only limited to hotels, but can be found virtually anywhere; from apartments, schools, and hospitals, to warehouses, box springs, and mattresses. Ringler Radio host, Larry Cohen joins Ringler colleague and co-host, Ross Duncan and guest, Attorney Daniel W, Whitney, managing partner of Whitney & Bogris, LLP, as they take a look at the impact of bedbugs, the preventive measures to help avoid them, as well as some of the litigation that's risen up to combat the problem.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/08/bed-bugs-litigation/

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Wednesday, February 20, 2013

Suffolk Law's Pro Bono Program

Mia Friedman, Director of Public Interest and Pro Bono Programs at Suffolk Law's Rappaport Center for Law and Public Service, reviews our Pro Bono Program. Learn more at rappaportcenter.org.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/08/suffolk-laws-pro-bono-program/

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CampusLawyer: Taking Advantage of Kids on Campus?

While the futurists keep pontificating about how the internet brings transparency to the "opaque" law, I keep seeing entrepreneurs trying to find new ways to glom a few shekels off the top by marketing lies to the unwary. A series of shameless twits came across my screen yesterday for a new co-op advertising scheme called Campus Lawyer.  An underserved niche?



So this is transparency?  "They'll be sure to get you off"?  Nothing misleading there, right?

What disturbs me most is that college kids who get in trouble, and it certainly happens, are a particularly vulnerable group.  Old enough to be treated as adults. Immature enough to do stupid things.  Smart enough to realize that they don't want mommy to know they screwed up while dad is working two jobs to pay the tuition, yet stupid enough not to realize that this is just a marketing scheme.

The scheme is run by Sergio Smith, a marketer of sorts out of Boca Raton.  It strikes me that he's onto a pretty good idea in terms of a group of people who will need the help of a lawyer.  It also strikes me that his approach is appalling.



There is a click-through disclaimer at the very bottom of the page, which no one will find or read. In the meantime, the ad copy makes it appear that Campus Lawyers is the firm with "experience attorneys nationwide," who are "top rated lawyers."  Top rated? By Sergio?

One of the typical responses to such schemes, voiced by those who use or support the use of co-op advertising schemes, is whether there is any proof that anyone is fooled by deceptive marketing.  The answer is self-evident: to the extent anyone falls for it, they're fooled.

Nowhere does the page inform a reader that this is merely a co-op advertising scheme, where attorneys who want/need the business pay to become part of the group. At the same times, it's deliberately framed in a way designed to give a false impression, that it's a firm, that the attorneys are somehow vetted for quality and appropriateness and that the larger entity, Campus Lawyers, has some connection to law. Sergio may be a smart marketer, but he's no lawyer. Did you happen to see Sergio's name anywhere on the page?  In fact, did you happen to see any entity other than the amorphous Campus Lawyers?

So having come up with the (admittedly smart) realization that there is an untapped group out there who may well need legal representation, has no clue where to turn and is particularly naive and vulnerable, Sergio has crafted a business, is promoting the daylights out of it and, apparently, is signing up lawyers. 

Whether the lawyers are great or horrible is neither known nor the point. The point is that this fabulous future of legal marketing isn't honest and takes advantage of kids.  I can't blame Sergio for his failure to adhere to the ethical obligations of honesty that are demanded of lawyers. He's no lawyer.  But I can certainly question how any ethical lawyer, taking even a casual view of the scheme (and that horrendous video), can feel comfortable being a part of this.

I know, you're a wonderful lawyer who provides excellent representation, so joining up with a somewhat questionable co-op advertising scheme is just a way to bring clients through the door where you can perform your magic.  Are this makes being party to this scheme cool with you, right?  And this is transparency?


© 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/2013/02/15/taking-advantage-of-kids-on-campus.aspx?ref=rss

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In Dog We Trust

When the Supreme Court granted certiorari to the Florida Supreme Court in Harris v. Florida, there were two possibilities. It could have been because they wanted to drive the final nail in the coffin of the dog sniff myth, seizing upon the Florida court's revelation that we've been laboring under falsehood for decades that allowed the police, provided they brought a puppy with them, to have their way with us.

Or it could be what a unanimous Supreme Court, in an opinion by Justice Elena Kagan, last of Harvard law school, did.  Despite what we now know about the flaws of the dog sniff myth, the pseudo-science nonsense behind its pretense of reliability, the statistical reality that passing a dog past the target of a search is no better than a coin toss, and often worse, that it's subject to the cue of a handler that makes any right of privacy evaporate in the face of a doggy alert, the myth cannot be questioned.

If a dog says the police can search, then search they can.

As the opinion has been out for hours already, Jacob Sollum at Reason has already shredded its back end, while Orin Kerr at Volokh Conspiracy has handled the front.  Somehow, the nine justices ignored the fact that the entire process by which a cute pup is elevated to a probable cause machine within a structure created, owned and managed by law enforcement. 

The National Academies of Science saw through the mess, but the Supremes were blinded, perhaps by the doggy cuteness.  But then, those scientists are so stuck on facts and proof and method that they are often blind to the adorable things that tug at Kagan's heartstrings.

The newest associate justice had the opportunity to make excuses either way, about why dogs failed so miserably in the field, where the rights of citizens were put to the test, or how controlled and effective the dogs were tested in the controlled environment of Police Puppy Training Institute.  She chose to favor the latter, and used her formidable rationalization skills to explain why reality to Americans whose privacy was lost wasn't nearly as important as official certificates handed to dog handlers by police officials. 

But all was not lost, Justice Kagan explained.

A defendant, however, must have an opportunity to challenge such evidence of a dog’s reliability, whether by cross-examining the testifying officer or by introducing his own fact or expert witnesses. The defendant, for example, may contest the adequacy of a certification or training program, perhaps asserting that its standards are too lax or its methods faulty. So too, the defendant may examine how the dog (or handler) performed in the assessments made in those settings. Indeed, evidence of the dog’s (or handler’s) history in the field, although susceptible to the kind of misinterpretation we have discussed, may sometimes be relevant, as the Solicitor General acknowledged.

It's not as if the defense can do nothing about it, provided the trial occurs on a planet far, far away, where the fantasies of a scholar turned jurist take flight. In the imagination of a judge who has never dirtied her robes in the nasty trenches of a courtroom, defendant's are fabulously flush with funds to fly in experts from far-away places to challenge this sniff.  And the government always turns over all its inside canine certification secrets, without lies, omissions, conclusory assertions or deception.

Nothing ever goes wrong in a courtroom. That's because our system is comprised only of wondrous folks whose concern for justice trumps all else. That's why you, citizens of this great nation, trust it so completely and without reservation.

For quite a while, the question of whether a coin toss with the lovely face of a puppy on one side and the sad face of a citizen being searched on the other was on the table.  There was science. There were statistics. There was the amorphous thing called probable cause, which offered what some Americans believes to be a greater than not chance that their rights would be honored even though the word "probable" in Washington was defined to mean something different.

In testing whether an officer has probable cause to conduct a search, all that is required is the kind of "fair probability" on which "reasonable and prudent [people] act." Gates v. Illinois, 462 U. S. 213, 235. To evaluate whether the State has met this practical and common-sensical standard, this Court has consistently looked to the totality of the circumstances and rejected rigid rules, bright-line tests, and mechanistic inquiries. Ibid.

Whenever you see the words "common sense," you can be assured of two things. First, that it is used to overcome a gap of logic that cannot otherwise to explained. Second, that you lose.

In this case, the court has embraced a practical approach to simultaneously avoid being rationally required to explain away the failings on the part of the government to demonstrate why the rights of people under the Fourth Amendment to be free of warrantless search and seizure should be eviscerated by a critter whose efficacy is an article of law enforcement faith, as well as avoid having to admit that it has failed for decades to prevent violations of the Constitution based on its love of junk science.

But more importantly, the use of dogs, whether real, by cue of their handlers, or simply by magic, has served the interest of our government so well for so long by providing a justification for searching people.  Plus, dogs are so very cute, lovable and friendly. What kind of a justice would serve our nation who didn't love dogs?

The issue is now conclusively decided, at least for the next generation. Don't blame the dogs.

H/T for the title of this post, @BoatFloating, which reminded me of the old joke about the agnostic dyslexic insomniac was up all night questioning the existence of Dog.







 

 



© 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/2013/02/20/in-dog-we-trust.aspx?ref=rss

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5 Vital Components to a Successful Custodian Interview

The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack, looks to two experts from Kroll Ontrack’s Discovery Consulting group: David Meadows, Managing Director, and Dave Canfield, Managing Consultant, as they explore the 5 vital components to a successful custodian interview, and how these interviews impact the world of e-discovery. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, highlights the growing influence of social media in e-discovery.

Source: http://legaltalknetwork.com/podcasts/esi-report/2012/06/5-vital-components-to-a-successful-custodian-interview/

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Germany court rules for Facebook in privacy dispute

[JURIST] A German court on Thursday ruled [press release, in German] for Facebook [corporate website] in a challenge over the social networking website's policy requiring users to register with their real names. The Independent Center for Privacy Protection [advocacy website], known in Germany as the ULD, brought the suit against the Palo Alto, California-based company alleging violation [press release] of German data protection laws in place to protect the fundamental right to freedom of expression on the Internet. The Administrative...

Source: http://jurist.org/paperchase/2013/02/germany-court-rules-for-facebook-in-privacy-dispute.php

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Attorney Advocates For Poor As Immigration Debate Continues

While lawmakers debate proposals, the demand for immigration attorneys is increasing as people seek information and assistance. Jose Pertierra and his staff field nearly 50 calls a day from immigrants wondering how potential changes will affect them.

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Source: http://www.npr.org/2013/02/15/171793579/attorney-advocates-for-poor-as-immigration-debate-continues?ft=1&f=1070

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Tuesday, February 19, 2013

Legal Talk Network Live at LegalTechNY 2012- True Grit: E-Discovery in Big Law Firms

Monica Bay, Editor-in-chief of Law Technology News, discusses this month’s cover story, True Grit. The story dives into the intricacies of how big law firms treat E-discovery, and the surprising gray area surrounding it. Be sure to watch the interview , hosted by Legal Talk Network producer, Kate Kenney.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/02/legal-talk-network-live-at-legaltechny-2012-true-grit-e-discovery-in-big-law-firms/

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A Discussion of Post Grant Review

Scott McKeown, partner and co-director of the Post Grant Practice Group at Oblon Spivak, discusses post grant review. Learn more about Mr. McKeown at http://bit.ly/GGUcmu.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/04/a-discussion-of-post-grant-review/

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Legal Talk Network Live at LegalTechNY 2012- True Grit: E-Discovery in Big Law Firms

Monica Bay, Editor-in-chief of Law Technology News, discusses this month’s cover story, True Grit. The story dives into the intricacies of how big law firms treat E-discovery, and the surprising gray area surrounding it. Be sure to watch the interview , hosted by Legal Talk Network producer, Kate Kenney.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/02/legal-talk-network-live-at-legaltechny-2012-true-grit-e-discovery-in-big-law-firms/

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Sunday, February 17, 2013

The Perfect Real World Problem for a Trademark Class

In this week's IP Podcast, Professor Megan Carpenter of Texas Wesleyan University School of Law discusses teaching IP in the midst of a trademark dispute. Learn about Professor Carpenter at http://bit.ly/wwylwM.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/the-perfect-real-world-problem-for-a-trademark-class/

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ABA ethics commission closes chapter on rule revisions

The American Bar Association commission in charge of revising attorney ethics rules has concluded three years of work, resulting in some important changes to the provisions governing lawyer conduct.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202588381157&rss=rss_nlj

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Proactive E-Discovery Management

E-discovery is a complex and resource-intensive issue that is top of mind for many of us in the legal profession today. In this episode of The Robert Half Legal Report, Charles Volkert, the executive director of Robert Half Legal, and Joel Wuesthoff, a director with Robert Half Legal eDiscovery Services, talk about proactive e-discovery management. Chad and Joel take a look at some of the factors that are leading to higher spending on e-discovery for many organizations, how to become more efficient with managing data for e-discovery and the best approach to responding quickly to future e-discovery requests, especially in the face of ever-changing technology.

Source: http://legaltalknetwork.com/podcasts/robert-half-legal-report/2012/03/proactive-e-discovery-management/

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Today's Journalism Lesson? Fade to Black

There is a long list of people who Teri Buhl, self-proclaimed investigative journalist, says she's going to sue. It looks like she'll have to add one more to the list.  The problem started when her public twitter profile stated that her twits were not for publication. It headed south from there.

Mark Bennett started the ball rolling after Gideon engaged Buhl on twitter to find out what the heck she thought she was doing by claiming her twits were "protected." Tim Cushing picked it up at Techdirt, which angered Buhl sufficiently that she demanded a retort, including an absurd smack at Bennett for using the story on his blog "to promote his business," because, you know, why else would a lawyer blog?.

But Cushing wasn't prompt enough to satisfy Buhl, so he asked Jim Romenesko to publish it instead. Mike Masnick at Techdirt then ripped her a new one, after which Buhl let everyone know, including Romenesko who did her a solid, that they were all getting sued.

Whew.

The reaction to Buhl has not been kind. Rather than hum a few bars of Mrs. Robinson, pretty much everybody has responded that she's utterly nuts, and her efforts to salvage her shredded dignity have only gotten her into deeper trouble. She's posted various comments to other people's posts, regaling about her greatness as an investigative "jurno" and how she's beloved by her fans. The fans have yet to appear to back her up, but they're probably too busy rereading her old articles from when she had a job to waste their time.

All this is a preface to the reason why I hop aboard this out-of-control train.  As others took note of the wreck, they included the initial screen shot of Teri Buhl's twitter bio, the one that she created and put on twitter for her adoring fans to know who she was and what they could do with her twits.  It included an image of the "jurno" herself as part the bio.


See that sweet yet professional picture of a woman above the name Teri Buhl? Buhl says you're not allowed. At least not here, because it's her picture and she hasn't given me permission to public it. You see, according to the Buhl doctrine of copyright, it's her picture and nobody can use it. Kinda like her twits, but different.

That it's part of the subject at issue means nothing. Fair use doesn't exist under the Buhl Doctrine.  Ironically, she is apparently unaware that Antonin Pribetic has copyrighted the letter "B," and is no doubt preparing a complaint as I type. She did not get his permission to use it, like I did.

Which finally brings me to the point of this post.  The Knight Center for Journalism in America at the University of Texas, Austin, posted about this hotmess, including initially the screenshot above. And then came Buhl's copyright complaint:

Update 02/07/13: Freelance reporter Teri Buhl contacted the Knight Center and requested the pictures in her Twitter profile be removed from the story, stating that the images are copyrighted and the Knight Center – along with the journalism websites Poynter.org and JimRomenesko.com – do not have permission to publish them. The Knight Center has removed the photos from the screenshot from her Twitter account per her request.


Fade to black.  This is the lesson for budding journalists in Austin.  Capitulate. Somebody complains? Screams "copyright"!  Fade to black.  Don't say no. Don't react with a chuckle and passing mention of fair use. Don't teach students that a "jurno" doesn't succumb to threats, no matter how absurd and contrary to the law. Nope. Fade to black. It's so much easier and less risky.  Journalists wouldn't want to take any risks, after all.

Buhl offers a laundry list of absurd explanations for her bizarre actions, which have given rise to no shortage of hilarity.  But the treatment received at the hands of the Knight School isn't funny.  In fairness, they aren't the only ones to wimp out, with Poynter’s Jeff Sonderman showing a similar lack of spine.  But then, he's not charged with teaching the next generation of journalists why they're deserving of First Amendment protection.

While all of this might well strike us, as lawyers, as utterly ridiculous, given that we would expect those engaged in journalism to have at least a working knowledge of the law as it applies to them, it apparently isn't the case for those who teach it.  Are they clueless?  Do they not use "fair use" in Austin?

Maybe they just offer professional courtesy to Buhl, as one of the tribe, even though they realize that there is no legal impediment whatsoever to the screenshot of her twitter bio, as the core of the story about her insane claim of unpublishable twits.  But if so, then the message to students is be bold when it comes to revealing the awful truth about others, but when it comes to one of our own, fade to black?  This would be too cynical even for me to believe,

So if it's not hypocritical circling the wagons as a courtesy to one of their own (whether with or without free donuts), then it's just plain old capitulation.  Not a good lesson for the next generation of a group upon whom we depend for our information, knowledge and understanding of what is happening in our world.  All the news that's fit to print, unless someone tells them not to and threatens them with a lawsuit. Then, fade to black.



 



© 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/2013/02/09/todays-journalism-lesson-fade-to-black.aspx?ref=rss

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