Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/02/gone-clio-with-attorney-andrew-kawel/
Sunday, March 31, 2013
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.
Bombs Away: Erasing Information in the Big Data Era
In this April edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Barclay Blair, founder of ViaLumina an information governing consulting service, to talk about the idea of digital data being erased. We know that simply putting it in the trash can on our desktop isn’t enough, but can it be done? They will also discuss mobile apps which claim they immediately erase data like Snapchat: Does this data actually self destruct? And is using apps like this a liability in court because it looks like there is something to hide?
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Saved: 1; Lost: Everyone Else
The New York Times no doubt published the story of Denise Dallaire as heart-warming tale of justice gone right, the time when a few good judges prevailed against a bad system.
Judge Gleeson then called a friend, Jonathan D. Polkes, at Weil Gotshal to take on Ms. Dallaire's case pro bono. When a judge asks you to do a case pro bono, you do it. Had Ms. Dallaire written the same lawyer with the same request, would anyone have even read her letter? Polkes did the only thing available, request a presidential pardon, which had slightly less chance of working than someone winning the megalball jackpot weekly for the next four years. President Obama has been particularly stingy when it comes to pardons.
© 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.
When Denise Dallaire was arrested at age 26 on charges of selling a few ounces of crack cocaine here a decade ago, she was sentenced to prison for more than 15 years. Last month, shackled inside the same court and facing the same judge, she received an apology and was set free.That's a wonderful thing. At least for Denies Dallaire. The Times calls the events that led to an apology and release "an exquisitely rare constellation" of events, and indeed, it was.
Ms. Dallaire was lucky enough to get herself noticed and for a technical flaw in her case to have surfaced. The result was a moment of courtroom drama and human redemption led by an 81-year-old judge eager to make amends for a decision he had long regretted.“I felt bound by those mandatory guidelines and I hated them,” Judge Lagueux (pronounced la-GUEUR) said from the bench as Ms. Dallaire sobbed quietly and the room froze with amazement. “I’m sorry I sent you away for 15 years.
Judge Gleeson then called a friend, Jonathan D. Polkes, at Weil Gotshal to take on Ms. Dallaire's case pro bono. When a judge asks you to do a case pro bono, you do it. Had Ms. Dallaire written the same lawyer with the same request, would anyone have even read her letter? Polkes did the only thing available, request a presidential pardon, which had slightly less chance of working than someone winning the megalball jackpot weekly for the next four years. President Obama has been particularly stingy when it comes to pardons.
As part of the pardon process, Mr. Polkes sent the materials to Judge Lagueux to get his signoff. The judge was eager to help. He believed, however, as did the others, that a presidential pardon was unlikely. But he noted a procedural flaw in his original sentence. He told Mr. Polkes that if he could get the case back before him, he would free Ms. Dallaire on time served.
The article doesn't say what the "procedural flaw" was, but it would be fair to guess that only a judge truly inclined to resentence would point it out and embrace it. Judges do not usually find such flaws sufficiently persuasive to tell a lawyer that he wants the case back before him.
Cutting to the chase, since there details are so lacking as to provide no insight as to the mechanics of getting Denise Dallaire back before Judge Lagueux, we arrive at the magical moment in the courtroom where the judge apologies for his original sentence and frees the now not-so-young woman before him.
Heart-warming? For some. For me, not so much. What this story reflects is one defendant saved from the belly of the beast, but it simultaneously reflects the fact the all the others, the tens of thousands for whom the "exquisitely rare constellation" of events didn't occur remain in federal prison, and will spend the vast majority of their lives, if not the balance, waiting for the day that a judge like John Gleeson stumbles upon them.
There aren't too many judges like John Gleeson. There aren't too many judges like Ronald Lagueux. There isn't nearly enough good luck to go around. The legitimacy of a system cannot depend on fortuitous events, one at a time, righting the wrongs of a system out of control.
Not to lack empathy toward Ms. Dallaire, but to remember that she's just one of so many who have been sentenced to a future of pointless misery because it made for good politics at the time, and to highlight that there aren't enough judges like John Gleeson and Ronald Lagueux to go around, this story of one success is a tale of a failed system. One win is good, but what of everyone else?
© 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/2013/03/31/saved-1-lost-everyone-else.aspx?ref=rss
Defending Big Data
On this October edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, chats with Mark Melodia, partner at Reed Smith and Antony Kim, a partner at Orrick, to discuss the Law Technology News October cover story, Defending Big Data.
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/10/defending-big-data/
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Skadden Knocks Out Securities Class Action Against RIM
A federal judge in Manhattan has dismissed a proposed securities fraud class action brought on behalf of individuals who bought Research in Motion stock between December 2010 and June 2011. The judge ruled that investors, who saw the company's stock price dive 60 percent, couldn't point to any actionable misstatements by RIM executives or any intent by the company to defraud shareholders.
Maritime Injuries and Structured Settlements
You don't hear much about maritime law until a huge disaster like the Costa Concordia cruise ship, which ran aground off the coast of Italy earlier this year. But the fact is, maritime accidents happen frequently and people are often left severely injured. On Ringler Radio, host Larry Cohen and co-host, Keith Christie join guest, Attorney Charles Leche, a partner at Deutsch, Kerrigan & Stiles, as they take a look at maritime law and how injured parties can have a financially secure future through structured settlements.
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At the Supreme Court, A Shadow of a Doubt
With Tuesday’s arguments before the Supreme Court, the gay marriage debate reached an important crossroads. But it was an intersection illuminated by blinking yellow lights.
Source: http://blogs.wsj.com/law/2013/03/26/at-the-supreme-court-a-shadow-of-a-doubt/?mod=WSJBlog
Find Now, Read Later
We can find almost anything on the Internet, but retrieving the results at a later date isn’t as easy. Are there ways to “harvest” the web so we can find and read relevant research at a later time? Kennedy-Mighell Report hosts Dennis Kennedy and Tom Mighell, answer this question by sharing ways to save and keep track of web research, the resources for reading web findings later or offline, and whether techniques like capturing a blog post on a Kindle or iPad really help us with the problem of information overload.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/find-now-read-later/
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Saturday, March 30, 2013
9th District judicial finalists announced
Jana Austad: Austad is the Managing Attorney in the Brainerd Regional Office of the Minnesota Public Defender, where, in addition to her caseload, she manages the assistant public defenders in Aitkin, Cass, and Crow Wing Counties. Previously, she was an attorney at Kief, Fuller, Baer and Wallner, Ltd., practicing general litigation with a concentration in workers’ compensation, township law, and family law. Austad is an active volunteer with the Sharing Break Soup Kitchen and the Lord of Life Lutheran Church.
Eric Schieferdecker: Mr. Schieferdecker is an Assistant Attorney General for the State of Minnesota, and primarily prosecutes murder, drug, sexual predator civil commitment, and implied consent cases in the Ninth and Seventh Judicial Districts. Previously, he was the Chief Assistant County Attorney in Beltrami County. Schieferdecker is a Students First Mentor at Bemidji Middle School and a board member and vice chair of the Sexual Assault Program of Beltrami, Cass, and Hubbard Counties.
Christopher Strandlie: Strandlie is the Cass County Attorney, where he serves as the chief prosecutor for the county and legal advisor for all county departments. Prior to the County Attorney’s Office, Mr. Strandlie was a partner at Kimball and Strandlie Law Office, handling real estate, family law, probate, and criminal defense cases. Additionally, Mr. Strandlie is a 17-year veteran and president of the Walker Volunteer Fire Department and vice-president of the Walker Area Youth Hockey Association.
Judge Korey Wahwassuck: Wahwassuck is an Associate Judge of the Leech Lake Band of Ojibwe Tribal Court, where she hears cases and drafts opinions. Previously, she was a tribal attorney for the Leech Lake Band and a solo practitioner in Missouri and Kansas. Additionally, Judge Wahwassuck served as an adjunct instructor at the Leech Lake Tribal College and helped found and presides over the Leech Lake-Cass County-Itasca County Welness Courts, the first joint tribal-state jurisdiction courts in the nation.
Minnesota’s Ninth Judicial District consists of Aitkin, Beltrami, Cass, Clearwater, Crow Wing, Hubbard, Itasca, Kittson, Koochiching, Lake of the Woods, Mahnomen, Marshall, Norman, Pennington, Polk, Red Lake, and Roseau Counties.
An announcement of the appointment will be made following an interview process over the next few weeks.
Source: http://minnlawyer.com/minnlawyerblog/2013/03/15/9th-district-judicial-finalists-announced/
You Brought What Into The Penitentiary? Brilliant!
Not only did this young woman visit her husband in the Penitentiary, but she also brought their infant son, and ... a gift! The folks at The Lincoln Journal Star reported it this way:
A state prison inmate's wife faces a charge herself after allegedly getting caught trying to deliver marijuana during a visit in January. Lakeisha Davis, 20, of Omaha is accused of delivery of marijuana, which carries a one- to 20-year sentence if she's convicted.
In an affidavit for Davis' arrest, Nebraska Department of Correctional Services Officer Benny Noordhoek said Penitentiary staff confiscated a small package of marijuana from Michael Benson during a visit Jan. 13 with his wife and infant son.It would appear that they may have gotten away with it, but ...
About 20 minutes after the visit started, he said, staff became suspicious of how Benson and Davis were behaving.
A check of video surveillance showed Davis putting something in Benson's pants pocket, Noordhoek said. He said prison staff took Benson to a strip search room, where Benson threw a bag of marijuana to the floor.Fortunately for their infant son ...
Davis was allowed to leave that day. Earlier this month, a warrant went out for her arrest.Whatever you think about weed, it's still illegal in most states. This was just plain idiotic, even more so for a presently single mom. Here's the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/m84vBgiUg-k/you_brought_weed_into_the_peni.html
attorney directory attorney fees attorney finder attorney law attorney lawyer
Search Plus Your Legal World
Google's new "Search Plus Your World" represents a new direction in Internet search where social elements become part of our search results. Bringing our social media world into search results indicates both the growing importance of social media and the need to find new ways to get relevant results. Can we make use of what our friends and connections find on the web to get us better search results? In this episode, Dennis Kennedy and Tom Mighell take a look at Search Plus Your World, whether bringing social into search might help us, and whether this approach might work for you. 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/2012/02/search-plus-your-legal-world/
Biggest Mistakes by Lawyers in Business Development
On The Un-Billable Hour, host Attorney Rodney Dowell, joins Paramjit Mahli, a Development Coach/Consultant for lawyers at The Rainmakers Roundtable, to discuss some of the biggest mistakes lawyers make when it comes to business development and what kind of "skill set" lawyers need in order to be successful when it comes to business development.
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3 candidates named to replace Anderson on Supremes
Paul Anderson
The three finalists to replace the retiring Justice Paul Anderson on the Minnesota Supreme Court were announced.
They are:
Judge Edward J. Cleary sits on the Minnesota Court of Appeals as judge for the Fourth Congressional District. He previously served as judge and Assistant Chief Judge for the Second Judicial District. From 1997-2002, Cleary served as the Director of the Office of Lawyers Professional Responsibility. Prior to that, he practiced law for 20 years, concentrating on criminal defense and civil litigation. He is a past president of the Ramsey County Bar Association and served on the Minnesota State Bar Association Governing Council. In addition, Cleary served as an adjunct professor at the University of Minnesota Law School from 2000-2012.
Judge Natalie E. Hudson sits on the Minnesota Court of Appeals as an at large judge. Prior to her appointment to the Minnesota Court of Appeals, she served as an Assistant Attorney General for the State of Minnesota in the Criminal Appeals and Health Licensing Divisions. Hudson has also served as the City Attorney for the City of St. Paul, and was the Assistant Dean of Student Affairs at the Hamline University School of Law. She is a member of the American Bar Association’s Judicial Division and is a member of the Minnesota Women Lawyers Advisory Board.
David L. Lillehaug is a former United States Attorney for Minnesota. Lillehaug is an officer and shareholder with Fredrikson & Byron. His litigation practice focuses on public law and complex cases – civil, criminal, and administrative – with a particular emphasis on state and federal constitutional issues. He serves on three non-profit boards and on the Minnesota State Bar Association’s Mock Trial Program Advisory Committee.
Anderson is set to retire in May. No word on when his replacement will be named.
Source: http://minnlawyer.com/minnlawyerblog/2013/03/12/3-candidates-named-to-replace-anderson-on-supremes/
Constitutionality of Prop 8 and the Future of Gay Marriage
Just this month, after a long three year legal battle, the Ninth U.S. Circuit Court of Appeals ruled that California’s Proposition 8, which is the ballot measure that banned gay marriage, is unconstitutional. The question remains-will this case now head to the U.S. Supreme Court? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and J. Craig Williams, join Jennifer C. Pizer, Legal Director at the Williams Institute at UCLA School of Law and Vikram David Amar, Associate Dean for Academic Affairs and Professor of Law at the University of California, Davis School of Law, to take a look at this ruling and what this means for the future of gay marriage in America.
Only three days left in JURIST's Spring 2013 Fundraising Drive!
[JURIST announcement] It's been a great month of fundraising, and we've been encouraged by the support we've received from you, our loyal readers. But, with only three days left in the Spring 2013 Fundraising Drive, we're still well short of raising the funds we need to keep bringing you the high-quality legal news and commentary you've come to expect from us. If you value the service JURIST provides, if you appreciate getting your news free of ads, sensationalism, and bias,...
Friday, March 29, 2013
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/
NLRB "recess" appointments were unconstitutional; Board lacked a quorum
Noel Canning v. NLRB (DC Cir 01/25/2013)
The DC Circuit this morning held that the President's attempt to make "recess" appointments of three NLRB Members was invalid under the constitution.
On February 8, 2012 the Board issued its decision finding that the employer violated the NLRA by refusing to reduce to writing and execute a collective bargaining agreement reached with Teamsters Local 760. At that time the Board purportedly had five members. Two of these had been confirmed by the Senate. Three of these were appointed on January 4, 2012, purportedly pursuant to the constitution's recess clause.
At the time of the President’s purported recess appointments, the Senate was operating pursuant to a unanimous consent agreement, which provided that the Senate would meet in pro forma sessions every three business days from December 20, 2011, through January 23, 2012. The DC Circuit held that "recess" appointments must occur during an "intersession" recess of the Senate, that is to say, the period between sessions of the Senate when the Senate is by definition not in session and therefore unavailable to receive and act upon nominations from the President.
Because the appointments were invalid, the Board lacked a quorum (three Members) and its order was "void."
Lots of chatter from all over:
- New York Times
- Wall Street Journal
- Workplace Prof Blog
- New York Labor and Employment Law Report
- Faculty Lounge
- Jottings by an Employer's Lawyer
- SCOTUSblog
- Employment Law Watch
Source: http://www.lawmemo.com/blog/2013/01/nlrb_recess_app_1.html
personal injury personal injury attorney personal injury attorneys personal injury lawyer personal injury lawyers
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/
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.
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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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20 Legal Technology Tips in 20 minutes
If you’re looking for the hottest tech tips for lawyers, we’ll make sure your vision is 20/20. The Legal ToolKit host and Senior Law Practice Advisor with Mass. LOMAP, Jared Correia, talks technology with Attorney Ernest Svenson from the Svenson Law Firm in New Orleans, Louisiana. Ernie has catalogued a number of useful tools for lawyers and relays them in rapid succession through word association with Jared. Listen in, and find out why Dropbox and Dilbert can both have a place in your law firm!
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/05/20-legal-technology-tips-in-20-minutes/
Candidate Asks CBS to Pause Airing of D.A. Reality Series
A candidate running for Brooklyn, N.Y., district attorney wants the airing of a recently announced CBS reality series called Brooklyn DA about the office under District Attorney Charles Hynes postponed until after the September primary because he claims the "de facto infomercial" would violate campaign finance laws.
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Thursday, March 28, 2013
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.
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Lanny Breuer Returns to Covington & Burling in New Leadership Role
After nearly four years as the assistant attorney general in charge of the Justice Department's Criminal Division, Lanny Breuer is returning to Covington & Burling to take on a newly created role as vice chairman of the firm. Breuer will serve as a liaison for the firm, its clients and government officials. He'll resume his former practice in white-collar criminal defense and civil litigation, representing both companies and individuals.
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.
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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/
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.
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Law Blog Video: Speaking Out on Gay Marriage
[wsj-worldstream contentid="SS-2-197537"
A view of the U.S. Supreme Court during a week of potentially decisive hearings for same-sex marriage.
[wsj-worldstream contentid="SS-2-197683"]
Mary Ellen DiDomenico, from Bucks County, Penn., referring to Matthew 19:4-5 for why she opposes same-sex marriage. . . . .
More videos on the jump.
A view of the U.S. Supreme Court during a week of potentially decisive hearings for same-sex marriage.
[wsj-worldstream contentid="SS-2-197683"]
Mary Ellen DiDomenico, from Bucks County, Penn., referring to Matthew 19:4-5 for why she opposes same-sex marriage. . . . .
More videos on the jump.
Source: http://blogs.wsj.com/law/2013/03/26/law-blog-video-speaking-out-on-gay-marriage/?mod=WSJBlog
Act Two: Legal Tech Pioneers Return to Compete in Legal Tech Market
On Law Technology Now, host and Law Technology News magazine editor-in-chief, Monica Bay joins William Bice, co-founder and chair of LiquidPractice, and Graham Smith, founder and CEO of Opus 2 International, to talk about Law Technology News’ April cover story, "Act Two." Bice and Smith explain why they decided to return to the legal technology community after selling ProLaw and LiveNote to an industry giant.
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Wednesday, March 27, 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.
Supreme Court hears arguments in Proposition 8 case
[JURIST] The US Supreme Court [official website] heard oral arguments Tuesday in Hollingsworth v. Perry [transcript, PDF; audio], the first of two cases the court will hear this week on same-sex marriage [JURIST report; JURIST backgrounder]. In Tuesday's argument, the court considered the validity of Proposition 8 [JURIST news archive], a California referendum that revoked same-sex marriage rights. Same-sex marriage was briefly legal in California following a state Supreme Court decision and then overturned with a constitutional amendment created by...
Source: http://jurist.org/paperchase/2013/03/supreme-court-hears-arguments-in-proposition-8-case.php
international law international law schools internet lawyer labor attorney lafayette attorney
The Fiscal Cliff Impact
As we approach the end of 2012, the nation waits on news regarding the “fiscal cliff” and whether a compromise can be reached on Capitol Hill. What exactly is the “fiscal cliff” and what are the possible resolutions? On this Ringler Radio podcast, host Larry Cohen joins colleague and co-host, Rich Ryan and guest, Dr. Christopher Coyne, Economist and Associate Professor of Finance at St. Joseph’s University, to talk about the potential impact of the fiscal cliff and the security of structured settlements.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/12/the-fiscal-cliff-impact/
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.
Source: http://www.lawmemo.com/blog/2012/12/nlrbs_recent_si.html
criminal justice lawyer criminal law criminal law cases criminal laws criminal lawyer
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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Education Advocacy Clinic at Suffolk University Law School
Isabel Raskin, who runs the Education Advocacy Clinic at Suffolk University Law School, discusses her goals for the clinic, as well as what students enrolled in the clinic experience. Learn more about Ms. Raskin at http://bit.ly/AAPxJa.
Tuesday, March 26, 2013
The Manhattan ‘Perjury Project’
The Manhattan district attorney's office is overseeing a "Perjury Project" to figure out how many people are lying under oath in civil cases.
Source: http://blogs.wsj.com/law/2013/03/26/the-manhattan-perjury-project/?mod=WSJBlog
SU Discoverlaw.org PLUS
Suffolk University Law School Dean Camille Nelson and Keren Zuniga McDowell, director of the Office of Academic Affairs at Suffolk University, discuss the SU Discoverlaw.org PLUS program. Learn more about SU Discoverlaw.org PLUS at http://bit.ly/yZhpOL.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/suplus/
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