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Friday, January 25, 2013
Medicare Set Aside Arrangements and Mass Torts
On Ringler Radio, host Larry Cohen is talking about Medicare Set Asides with colleague and co-host, Lynn DeMauro Clark and guest, Attorney John "Jay" F. Kearns III from the firm Kearns & Kearns. They take a look at mass torts and the facts surrounding the US v. James J. Stricker case. In addition, Jay explores the Medicare Medicaid SCHIP Extension Act of 2007 (MMSEA) and how it has created an uproar among insurers and personal injury lawyers and talks about Stricker’s overall significance to plaintiff attorneys.
Obama Chooses Former U.S. Attorney Mary Jo White To Head SEC
White, who prosecuted terrorists during her time as U.S. attorney for the Southern District of New York, would succeed Mary Schapiro, who stepped down in December. The president is also planning to renominate Richard Cordray to lead the Consumer Financial Protection Bureau.
Butzel Long seeks government relief for underfunded pension plan
In a rare move for a law firm, 140-attorney Butzel Long has asked a federal agency to take over its pension plan due to a major shortfall in funding. The Detroit-based firm, which focuses heavily on the automotive and aerospace industries, has lost about 100 lawyers since 2009. Its pension plan has about 450 participants, 350 of whom are no longer with the firm, according to the firm's president.
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Thursday, January 24, 2013
Putting the Web to Work for You
Have you ever wanted one action on the Web automatically trigger another action? For example, if you post a tweet, it automatically becomes a LinkedIn or Facebook update or if you star a blog post in Google Reader, it automatically gets added to your Evernote account. IFTTT (If This, Than That) is a web service does exactly that. In this episode of the Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss web automation and IFTTT, how it might make your life a little easier, and the role this type of service might play for the busy lawyer.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/putting-the-web-to-work-for-you/
Sign Had To Go, Rules Fourth Circuit
A federal appeals court ruled that a North Carolina town didn’t violate the First Amendment rights of a homeowner when it ordered him to scrub away a protest sign scrawled on the face of his house.
Source: http://blogs.wsj.com/law/2013/01/22/sign-had-to-go-rules-fourth-circuit/?mod=WSJBlog
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Justice Thomas speaks. OMG!
The legal world was rocked on its heels this afternoon with the news that Justice Clarence Thomas spoke today during oral argument.
Hon. Thomas
Unfortunately, no one knows what he said because it was hard to hear him. Apparently he was reacting to an attorney’s suggestion that a defendant’s lawyer was a good lawyer, having gone to Yale. Thomas, a Yale graduate, seemed to dispute that. As far as anyone knows right now, Thomas said, in a mysteriously eloquent way, “Well—he did not.”
Source: http://minnlawyer.com/minnlawyerblog/2013/01/14/justice-thomas-speaks-omg/
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The Law and the Liability of Eugenics
For decades, a program called Eugenics gave state boards the right to deem someone "unfit to procreate." The outcome of this was 66,000 Americans were selectively sterilized between the late 1920’s and the 1980’s. Lawyer2Lawyer co-host and attorney J. Craig Williams welcomes Professor Alfred Brophy, from the University of North Carolina School of Law and Attorney James Bowden from Waller Lansden, to discuss this controversial practice, the US Supreme Court’s shocking decision on eugenics and why forced sterilization "is" technically constitutional.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/02/the-law-and-the-liability-of-eugenics/
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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Federal appeals court declines to change marijuana drug classification
[JURIST] The US Court of Appeals for the District of Columbia Circuit [official websites] ruled [opinion, PDF] Tuesday that it would not compel the Drug Enforcement Agency (DEA) [official website] to change the listing of marijuana as a Schedule I drug. The Controlled Substances Act of 1970 (CSA) [text] permits the DEA to place narcotics into various Schedule classes and permits outside groups to request reclassification of those narcotics. Schedule I is the most restrictive classification for drugs and includes...
Legal Crackdown on Human Trafficking
Human trafficking is "modern-day slavery." And if you think it isn’t happening near you, think again. The United Nations estimates nearly 2.4 million people may be the victims of this crime. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams take a legal look at this troubling issue with Professor Bridgette Carr from the University of Michigan Law School, Attorney Ann Johnson from Houston, Texas and Mary C. Ellison, Director of Policy for Polaris Project.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/legal-crackdown-on-human-trafficking/
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Wednesday, January 23, 2013
Affirmative action ban in state constitution violates US constitution (8-7)
Michigan voters adopted a state constitutional amendment that prohibits "all sex- and race-based preferences in public education, public employment, and public contracting."
The 6th Circuit (8-7) held this provision - as it relates to education - violates the 14th amendment's equal protection clause.
Coalition to Defend Affirmative Action v. Univ of Michigan (6th Cir 11/15/2012)
(Plaintiffs limited their challenge to racial discrimination in public education.)
The court said that a black applicant could seek adoption of a constitutionally permissible race-conscious admissions policy only through the "lengthy, expensive, and arduous process" of amending the state constitution. On the other hand, someone wishing to change any other aspect of a university's admissions policy has four options - lobby the admissions committee, petition the leadership of the university, seek to influence the school's governing board, or initiate a statewide campaign to alter the state's constitution.
"The existence of such a comparative structural burden undermines the Equal Protection Clause's guarantee that all citizens ought to have equal access to the tools of political change."
Seven judges wrote five DISSENTING opinions. Six said that the majority relied on two US Supreme Court cases that "have no application here," and one said that the majority relied on "an extreme extension" of those cases. The cases are Hunter v. Erickson, 393 US 385 (1969), and Washington v. Seattle Sch Dist, 458 US 457 (1982).
Source: http://www.lawmemo.com/blog/2012/11/affirmative_act.html
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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Ouch! Lessons Learned from the Morgan Lewis’ Redaction Disaster
Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc.,and John W. Simek, Vice President of Sensei Enterprises, join Christine Musil, the Director of Marketing for Informative Graphics, as they take on the Morgan Lewis’ Redaction Disaster. In that case, Morgan Lewis accidentally filed an exhibit that contained unredacted information, information its client had spent a lot of money to protect from disclosure. Christine explores the most common redaction mistakes, how these mistakes can be avoided and the benefits and pitfalls of electronic redaction vs. the traditional paper-based method.
Legal Talk Network Live at LegalTechNY 2012- Clio Introduces Document Automation
Jack Newton, CEO and Co-Founder of Clio, explains Clio's newest feature: Document Automation, allowing attorneys to quickly and easily create forms from the information already imported into their Clio database. Be sure to watch the interview , hosted by Legal Talk Network producer, Kate Kenney.
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Please Refrain from Using My Refrain! Musicians Again Confront Politicians for Unauthorized Use of Songs
Nicole Rizzo Smith, Sunstein, Kann, Murphy & Timbers LLP, discusses the unauthorized use of songs by politicians in our latest IP podcast. Read Ms. Smith's article on this topic at http://bit.ly/zDEV4k.
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Lawyer for Ukraine ex-PM Tymoshenko under criminal investigation
[JURIST] A lawyer for former Ukrainian prime minister Yulia Tymoshenko [personal website; JURIST news archive] announced Monday that a criminal investigation has been initiated against him. The criminal investigation against Serhiy Vlasenko involves [AP report] alleged car theft, robbery and failure to obey a court order. Vlasenko has denied all allegations and condemned the government's action as being politically motivated to deprive Tymoshenko of her defense, just three days after Prosecutor General Viktor Pshonka [official website, in Ukrainian] charged [JURIST...
UN rights officials: indiscriminate violence worsening aid situation in Syria
[JURIST] UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator Valerie Amos and the UN High Commissioner for Human Rights Navi Pillay [official profiles] stated [press release] on Friday that the continued violence in Syria is harming civilian human rights and humanitarian attempts at aiding those in need. Amos expressed particular concern [press release, PDF] for the vicious nature of the violence, the increased sexual violence and Syria's harsh winter. Four million people in Syria require assistance, and half of...
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Tuesday, January 22, 2013
Law Blog Video: Roe v. Wade Turns 40
Law Blog Video: WSJ's Ashby Jones discusses what's happening 40 years after Roe v. Wade.
Source: http://blogs.wsj.com/law/2013/01/22/law-blog-video-roe-v-wade-turns-40/?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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How Law Firms Can Track Time
How does your firm track time? 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 Danny Wen, Co-founder of Harvest Software and Sri Vemuri, Marketing Manager at Harvest Software, to discuss how law firms can track time and invoice clients in a way that captures more time and allows attorneys to receive payment more quickly.
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/02/how-law-firms-can-track-time/
Future OS: Windows 8, Apple Mountain Lion and Beyond
Has it really been three years since the introduction of Windows 7? Surveys indicate that Windows XP users still outnumber Windows 7 users. Recent announcements indicate that we'll be seeing both Windows 8 and a new Mac OSX update called Mountain Lion in 2012. In this episode, Dennis Kennedy and Tom Mighell take a look at what we have now learned about operating system updates, the current state of operating systems, and what our future operating systems might look like. 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.
Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance
Bernie Jones, Associate Professor of Law at Suffolk University Law School, discusses her new book, "Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance." To learn more about Professor Jones' book, visit http://bit.ly/H6Fd2W.
Legislators eager for court caseload details
Questions from lawmakers this week signaled a lot of interest in the ongoing study that could lead to changes in judge assignments around Virginia.
Responding to a question from Sen. Emmett Hanger, R-Mount Solon, Virginia Supreme Court Executive Secretary Karl Hade said it was “premature” to expect any hints from the National Center for State Courts on its “weighted caseload” study of Virginia trial courts.
Hade said he had not heard any details from the NCSC about the study.
“A lot of people back home are interested in the outcome,” said Sen. Jill Vogel, R-Upperville.
The study is on course to be presented to the General Assembly in November, Hade said.
The 2013 General Assembly will have to decide how many – and which – judgeships to fund without the benefit of data from the caseload study. There are 47 vacancies, Hade said. Gov. Bob McDonnell’s budget proposal would provide money to fill 15 of them.
“There are a number of other vacancies that are in critical need of being filled,” Hade told members of a Senate Finance subcommittee. He noted McDonnell’s plan would fund one of two general district court vacancies in the sprawling 15th District, but that would still leave the area with a caseload 47.4 percent above average.
Also looking for favor from the Assembly money committees are state prosecutors. Salaries for assistant commonwealth’s attorneys are so low, lawyers are leaving for better paying jobs or taking part-time work in the evening, Lynchburg Commonwealth’s Attorney Mike Doucette told legislators.
“You cannot be an assistant commonwealth’s attorney who is tending bar at night and be effective the next day,” he said.
Source: http://valawyersweekly.com/vlwblog/2013/01/17/legislators-eager-for-court-caseload-details/
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Planning for Your Digital Estate
With so much of your key information and assets migrating online, it’s a challenge to remember all your passwords and accounts. So just imagine the headaches your spouse or family will have trying to figure it all out once you pass away. On this Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss how to prepare your “digital estate” before death or incapacity. 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.
IP Industries: Part Two
Professor David L. Lange, Melvin Shimm Professor of Law at Duke University Law School, concludes his two-part discussion on IP Industries. Learn more about Professor Lange at http://www.law.duke.edu/fac/lange.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/06/ip-industries-part-two/
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Monday, January 21, 2013
The Law and the Liability of Eugenics
For decades, a program called Eugenics gave state boards the right to deem someone "unfit to procreate." The outcome of this was 66,000 Americans were selectively sterilized between the late 1920’s and the 1980’s. Lawyer2Lawyer co-host and attorney J. Craig Williams welcomes Professor Alfred Brophy, from the University of North Carolina School of Law and Attorney James Bowden from Waller Lansden, to discuss this controversial practice, the US Supreme Court’s shocking decision on eugenics and why forced sterilization "is" technically constitutional.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/02/the-law-and-the-liability-of-eugenics/
Legal Crackdown on Human Trafficking
Human trafficking is "modern-day slavery." And if you think it isn’t happening near you, think again. The United Nations estimates nearly 2.4 million people may be the victims of this crime. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams take a legal look at this troubling issue with Professor Bridgette Carr from the University of Michigan Law School, Attorney Ann Johnson from Houston, Texas and Mary C. Ellison, Director of Policy for Polaris Project.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/legal-crackdown-on-human-trafficking/
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/
Because The Victim Deserves
In an op-ed in the New York Times, Sheila Weller writes of the loss of her cousin, Ellen Hover, in 1977.
© 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.
ON a hot July day in 1977, one of New York’s ugliest summers, my 23-year-old cousin, Ellen Hover, left her Third Avenue apartment. She had an appointment with a young photographer who had asked to take pictures of her. His name, he’d told her, was John Berger.
She never returned. Posters of Ellen’s face went up all over Midtown Manhattan. Private detectives were hired. I was racked with guilt: because of a family argument, I hadn’t seen my cousin in years. Now I never would. Eleven months later, her bones were found on the grounds of the Rockefeller estate in Westchester County.
Certainly a horrible crime and a terrible loss. Eventually, the family came to learn that the man was named Rodney Alcala, who left a trail of death across the country, and was eventually captured and prosecuted in California.
It was not until July of 1979 that he was arrested in California on charges of murdering a 12-year-old girl named Robin Samsoe. He was tried, convicted, sentenced to death and remanded to death row in San Quentin State Prison in California the following year.
Over the years Rodney Alcala’s lawyers managed to twice overturn, on technicalities, his conviction for the murder of Robin Samsoe. He aggressively fought the use of DNA evidence against him, but ultimately lost. Finally, in February 2010, a jury re-re-convicted him of the murder of Robin Samsoe, along with the other four California women. He has not stopped fighting his execution sentence and suing the state for things like failing to provide him with a low-fat diet.
Assuming, for the sake of argument, that Alcala is precisely as evil as claimed, and unquestionably guilty of the death of Ellen Hover as well as Robin Samsoe, despite his lawyers using "technicalities" to compel his guilt being proven according to law, since it couldn't be anyone else's fault for causing "technical" flaws that exposed the conviction to being reversed twice, he's been re-re-convicted and re-re-sentenced to death.
Not good enough, is Weller's point. Her cousin's murder remained a cold case, open and unresolved as far as New York was concerned, even though they were certain of her killer and he was facing execution.
For two years investigators worked to turn Ellen’s cold case warm. Despite the fact that her killer was already sentenced to death and would never be released, despite the time and the resources and the terrible memories involved, they didn’t give up. Eventually, their painstakingly obtained evidence built a timeline of Rodney Alcala’s whereabouts, his route before and after murdering Ellen. It seemed to me like a devotional act.
A devotional act is an apt description, as it bore far more similarity to religion than law. The case was ancient, such that witnesses were long dead and evidence was gone or decayed. The resources needed to warm this case would come at the expense of current unsolved crimes, and there remained no way to execute the murderer twice, if not more. But that didn't matter.
Every victim deserves her own day in court, no matter what else the culprit has been arrested for, no matter how long ago the crime: this is the pure integrity of opening a cold case.
When the claim is framed in terms of what a victim "deserves," it's a blatant appeal to emotion. Most people find this compelling, despite its being irrelevant to the existence of a criminal justice system. This isn't to be unsympathetic to the loss of a human life, or the pain suffered by the survivors of tragedy, but that it deflects from the purpose of the system: to prevent people from engaging in conduct civilized society deems unacceptable and punish those who do. In the case of capital murder (which exists in California though not in New York), there is no rehabilitative purpose, and so it need not be considered.
It's not about what victims deserve. It's not even about what the survivors of victims feel they deserve, which masks their own desire for closure and retribution. Such emotional-laden assertions lead us away from a system that serves society, one that is concerned with making certain that the person convicted was the person who committed the crime.
When all of our angst and anger is focused on making certain that someone pays for the tragedy, concern for the reliability of evidence, the adherence to constitutional rights are cast as "technicalities." Who cares about the rights of the murderer when we focus on what the victim deserves?
It's disturbing to argue against the tide of emotion flowing from the survivor of a terrible tragedy. It feels wrong to be unsympathetic to such pain. But the system isn't about personal vindication of whatever emotional needs remain unsatisfied in the aftermath of a crime. As terrible as that might sound, particularly since it often brings such accurate reactions like "you wouldn't feel that way if it was your child who was murdered," and this is true for most of us, it's not the point.
The victim does not deserve anything of the criminal justice system. Society has gotten its pound of flesh from this convicted murderer, and it will exact its revenge with his execution. That is all the system is meant to do, and perhaps more so. The survivors of the victim do not get to spit on the dead body of the killer, kick it, throw garbage into his grave, even if that would make them feel better.
In a Manhattan courtroom last month, Rodney Alcala, now 69, pleaded guilty to Ellen’s and Cornelia Crilley’s murders. After 35 and 41 years — much longer than the young women lived — he pleaded out, just like that. It was the first time in his long criminal history that he had ever confessed to a killing. The collapse of his resistance seemed taunting to all of us: Sure I killed them. What took you guys so long?
And yet it failed to satisfy the need within Weller for, what? Justice? Weller concludes by again asserting that every victim deserves "singular justice, as late as it may be in coming, as much a formality as may be the punishment." But it will be as unfulfilling as Alcala's plea, because the system doesn't exist to fill the emotional void that crime leaves behind, and can never be driven by the claim of what a victim deserves. It serves no one.
Edit: Jeff Gamso offers his thoughts on Weller's op-ed.
© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/01/13/because-the-victim-deserves.aspx?ref=rss
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New hotspots planned for courthouses — but don’t break the rules
Installation of a public guest Wi-Fi network in courthouses is underway in Minnesota, with a planned completion date of June 2013.
But do not use a computer or smartphone in a courtroom unless you know the judge is ok with it. Additionally, some courthouses completely prohibit the use of mobile phones and computers. Use of Wi-Fi enabled devices is governed by local rules.
The free service does not require a password. In almost all court facilities, it appears as MJB_Guest when Wi-Fi-enabled devices are turned on. Before gaining access to the network, individuals are presented with a “terms and condition” dialog box, which they must “Accept.”
In Hennepin County, Wi-Fi access is being provided through the Hennepin County Government Center through the HC_Guest network. This network also does not require a password and is accessible in most district court common areas and offices. Over the next several months, additional hotspots will be added to expand and strengthen Wi-Fi coverage in courtrooms, judicial chambers, and publicly-accessible conference rooms.
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/
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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/
Obama Care --Affordable Health Care Reform Act
The new health care law, officially known as the Patient Protection Affordable Care Act, sometimes known as ObamaCare, became the law of the land on March 23, 2010. This law changed the health care conversation as well as the political tone in Washington, D.C., if not the entire country. The Supreme Court in what clearly was a fast track decision sustained the constitutionality of the law. This also altered the dialogue for the presidential election of 2012. Many lawyers received increased revenue in the fight on both sides of the aisle. In the future, lawyers who are familiar with the provisions of this new playing field will, likewise, see increased revenue resulting from advising clients on how to comply with the law's provisions.
More than 10,000 people daily reach the age of 65, the traditional retirement age; these people face increased health care needs. How will we deal with their needs? Our guest, Brian Sullivan, is a seasoned professional in the employee benefits and health care industry for more than 25 years. He has authored numerous articles in the area of employee benefits and health care, and has delivered dozens of talks around the country to people seeking to understand the complexities of his industry.
This discussion is one of the clearest explanations of the law as it currently stands that you will hear.
45 minutes, 34 seconds 6.7MB
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/9349BqqBu2c/
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Sunday, January 20, 2013
Defense Attorneys Turning to Social Media
Lead counsel for accused murderer George Zimmerman calls social media an unavoidable component of high profile cases. So, should blogging, posting and tweeting become standard practices in defense strategies? Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, debate the pros and cons, as well as the legal and ethical issues of social media with Dr. Amy Singer, founder of Trial Consultants Inc., and Attorney Scott Greenfield, Of Counsel at Hull McGuire, PC.
Alleged hacker's prosecutor defends case, stressing low sentence sought
In a formal statement, Boston U.S. Attorney Carmen Ortiz defended the hacking case her office brought against entrepreneur and Internet activist Aaron Swartz, amid ongoing criticism since Swartz committed suicide on January 10.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202584901248&rss=rss_nlj
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Judge Scheindlin’s Collection Case and Florida E-Discovery Amendments
One of the attributes that makes for a great e-discovery lawyer is the ability to wade through the digital mire that separates preservation from collection. The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins e-discovery expert David Kearney, Director of Technology Services at Cohen & Grigsby, to discuss Judge Shira Scheindlin’s recent opinion in the case, National Day Laborer Organizing Network et al. v. United States Immigration and Customs Enforcement Agency, et al. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman analyzes recent e-discovery amendments to the Florida Civil Procedure Rules.
The Return of Black Lung and the Law
A recent investigation found the rate of miners diagnosed with Black Lung Disease is surging after nearly three decades of decline. Some blame lenient regulations, lax enforcement, even manipulation of air samples from mines. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the reasons behind this shocking increase and a breakdown of Black Lung litigation from Chris Hamby, the author of the Center for Public Integrity report, and Attorney Stephen Sanders, the director of Appalachian Citizens’ Law Center.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-return-of-black-lung-and-the-law/
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Not Your Average DUI
So what kind of DUI was it? Per the Beaver County Times (Pennsylvania):
An Ohioville police report said a 911 call came in at 1:40 p.m. Thursday for an “out-of-control male” in the 6000 block of Tuscawaras Road.Hmm. Seems pretty average so far.
On the way to the location, the officer spotted Mark Grove, 44, of 146 Valleyview Drive driving a lawn tractor down the middle of the road, the report said.Go on ...
Grove smelled of alcohol, was slurring his words and was nearly unintelligible, the report said. There was also a coffee mug sitting on the tractor that was leaking beer, the report said. Grove told the officer, “I’m drunk. Just take me home,” the report said.
Once in the patrol car, Grove tried to kick out the window of the car and then kicked the officer three times, the report said. Grove then threatened to “tear up the hospital” and head-butted the partition between the front and rear seats of the patrol car, the report said.Now you're really not getting that ride home.
At the hospital, Grove refused to take a blood-alcohol test or sign any forms, the report said. Once back at the police station, Grove attempted to escape from police custody and damaged a bench and the floor of the station, the report said.As Mr. Sulu would say "oh my."
Grove is charged with drunken driving, aggravated assault, criminal mischief, institutional vandalism, resisting arrest, escape, disorderly conduct, driving under suspension, habitual offender for driving under suspension and disregard for traffic lanes.Here's the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/VKLgZHhFbDk/post_577.html
Ouch! Lessons Learned from the Morgan Lewis’ Redaction Disaster
Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc.,and John W. Simek, Vice President of Sensei Enterprises, join Christine Musil, the Director of Marketing for Informative Graphics, as they take on the Morgan Lewis’ Redaction Disaster. In that case, Morgan Lewis accidentally filed an exhibit that contained unredacted information, information its client had spent a lot of money to protect from disclosure. Christine explores the most common redaction mistakes, how these mistakes can be avoided and the benefits and pitfalls of electronic redaction vs. the traditional paper-based method.
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Legal Implications Surrounding the Meningitis Scare
The New England Compounding Center (NECC) shipped out tainted steroid shots to 23 states in what authorities believe resulted in a national fungal meningitis outbreak. Lawyer2Lawyer host Craig Williams chats with Attorney Michael F. Barrett, a personal injury attorney from the firm, Saltz Mongeluzzi Barrett & Bendesky, PC and Glenn Cohen, Assistant Professor of Law and Co-Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, about the litigation stemming from this meningitis scare, the role of the FDA and CDC and regulation.
Legal Talk Network Live at LegalTechNY 2012-Burke & Company’s Christy Burke Talks About What’s New in Legal Industry
Christy Burke, from Burke & Company tells us about networking and shares the "latest and greatest" in legal technology. Christy also comments on exciting happenings within the legal industry including: convergence, mergers and acquisitions, and competition. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.
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Saturday, January 19, 2013
True Grit: BigLaw Struggles to Find the Right E-Discovery Formula
Management of e-discovery is a challenge for large firms, whose clients present complex litigation with literally millions of electronically stored documents. In today’s competitive environment, firms have been exploring everything from e-discovery practice groups to vendor alliances, in order to attract clients. On Law Technology Now, host and Law Technology News’ editor-in-chief, Monica Bay joins John Rosenthal, partner at Winston & Strawn, and Paul Weiner, national e-discovery counsel and shareholder at Littler Mendelson, to discuss Law Technology News’ February issue cover story, True Grit: Scrapping for E-discovery Business, Law firms Push New Creative Options.
Former Goldman Sachs Programmer Back In Court
Almost a year after he was cleared on federal charges that he stole computer code from Goldman Sachs Group Inc., Sergey Aleynikov was back in court Friday to fight the same charges—this time against state authorities.
Source: http://blogs.wsj.com/law/2013/01/18/former-goldman-sachs-programmer-back-in-court/?mod=WSJBlog
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Maximize Your Technology Investment
All too often, law departments underestimate the powerful impact that training can have on a software implementation project. In fact, as a key driver of user adoption, training can be the difference between a project’s ultimate success or failure. In this edition of Tech Experts, join Kevin Gaudet, Director of Instruction and Training Development at Datacert, as he guides you through best practices for planning and executing an effective training and knowledge transfer strategy that will drive user adoption of your new system and help maximize your return-on-investment.
Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/08/maximize-your-technology-investment/
The BP Oil Spill Case and Large Volume E-Discovery
How do you efficiently handle large volume e-discovery in a high-profile case? Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc., and John W. Simek, Vice President of Sensei Enterprises, get expert advice from Joe Mulenex, the Regional Technical Director for Avansic, who assisted the discovery team for the Plaintiffs Steering Committee in the BP Oil Spill case. Joe discusses the biggest challenges of handling documents and the importance of project management. He also shares his biggest e-discovery take away from this case.
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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.
How a Computer Did the Work of Many Lawyers
The results are in, in the first case in which a judge approved the use of predictive coding over the objections of opposing counsel.
Source: http://blogs.wsj.com/law/2013/01/17/how-a-computer-did-the-work-of-many-lawyers/?mod=WSJBlog
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UN rights chief criticizes impeachment of Sri Lanka chief justice
[JURIST] A spokesperson for the UN High Commissioner for Human Rights Navi Pillay [official profile] expressed concern [press release] on Friday over the impeachment and removal of Sri Lanka's Chief Justice Shirani Bandaranayake [JURIST news archive]. In a statement, the official criticized the actions of the lawmakers against Bandaranayake, calling the situation a "gross interference in the independence of the judiciary and a calamitous setback for the rule of law in Sri Lanka." He also expressed concern about the legality...
The Only Constant is Change: FRCP Amendment Updates and Departures from the Zubulake Gold Standard
The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Henry Kelston, Senior Counsel at the law firm of Milberg LLP, to discuss the current work of the Sedona Conference on ediscovery and its significant impact of the Federal Rules of Civil Procedure. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, examines the recent departures in case law from the notable Zubulake standard.
Friday, January 18, 2013
Gone Clio with Attorney Michael J. P. Schewe
On this edition of Gone Clio, Clio co-founder Jack Newton talks with special guest, Attorney Michael J. P. Schewe of Schewe Law LLC. Michael talks about his passion for employment-related issues, the pros and cons of starting your own law firm, and how Clio makes him confident when a malpractice issue comes up.
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/08/gone-clio-with-attorney-michael-j-p-schewe/
Lucky 13 - Happy New Year
I hadn't thought of it before I received Marsha's email. Next year is 2013! And if you abhor the number 13, you're in for a long, hard year. As with Marsha, I also feel that 13 is a lucky number. And a baker's dozen is 13, a gift of one extra roll. So, what bonus will come to you this next year? Marsha provides us with 13 ideas for making next year a good year. Can you add another 13 to will make your life better?
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/4Xra8gjjHH8/
Child’s Play: What E-Discovery Teams Can Learn from Kindergarteners
Law Technology Now, host and editor-in-chief of ALM’s Law Technology News, Monica Bay joins U.S. Magistrate Judge David J. Waxse, to discuss his Law Technology News article, Child’s Play. Judge Waxse discusses nine ways e-discovery teams can follow the lead of elementary school students and cooperate with their opponents by listening, sharing, compromising and more.
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iX 500 goes live today
Fujitsu introduces its new high speed, low cost scanner today. I have a model sitting on my desk and it’s the same small footprint of the model 1500 that it replaces. The new model is much faster, 25 pages per minute (ppm); I have to keep my eyes open – that’s how fast it is. In a small office, such speed may not be so important, but it sure is nice to have this feature. Another feature that enhances the speed of operation is that the OCR feature begins to operate as you are scanning, not after the document is scanned.
Another new feature, however, is important. The new iX500 has a separation roller that prevents double feeds, meaning that no two pages go through at the same time. Each page gets copied separately and does not get “pasted” to another sheet. This used to drive me nuts. I’d have to watch the feeder to make sure each page went separately and when there was a problem, I’d have to do the scanning a second time. No worries now.
Another cool feature is that you can go to the App Store and download ScanSnap Connect onto you iPad, Android and iOS compatible devices. After you have the application on your iPad or other device, hit the “Scan” icon and pages will flow through your iX500 and the image will then be saved where you want it on your iPad. This saves the step of scanning onto your computer and then using Dropbox or similar program to bring it over to your iPad or laptop computer. What a cool feature and time saver!
Here are some additional features the new iX500 has to boast about:
* convenient way to store, manage and view PDF and JPEG files as well as performing post-scan editing
* transforming paperwork into editable Word®, Excel and PowerPoint files
* blank page detection and deletion
* 50 page document feeder
This is a machine you must have! Check it out.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/iGIxqFlWgTU/
Key changes to Patent Law
Back on September 16, 2011, President Obama signed the America Invents Act (AIA) into law, vastly changing the core of the patent system and patent law. Now, a year later, some of the key provisions are going into effect. Lawyer2Lawyer host Bob Ambrogi talks with Attorney Matthew I. Kreeger, the Co-Chair of Morrison Foerster’s Patent Interferences Practice Group and Dennis Crouch, Associate Professor of Law at the University of Missouri School of Law and editor of Patently-O, about the implementation of some of the most important provisions of the America Invents Act and their impact.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/key-changes-to-patent-law/
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Howrey Trustee Makes First Round of Settlement Offers
About two dozen law firms that hired Howrey LLP’s former partners can avoid litigation tied to the firm’s collapse, but it will likely cost them millions of dollars.
Hot Coffee and our Civil Justice System
An elderly woman, Stella Liebeck, buys coffee at a McDonald’s drive-thru, spills it on her lap, sues and wins. This case caused quite the controversy, but also contributed to some dramatic changes in the law. On Ringler Radio, host Larry Cohen and co-host, Nolan Robinson, chat with Susan Saladoff, the producer and director of the documentary, Hot Coffee. Susan gives us the real story behind this notorious coffee case, talks tort reform, frivolous lawsuits and caps on damages and shares some other examples of how individuals are not getting a fair shake in this current civil justice system.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/09/hot-coffee-and-our-civil-justice-system/
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Thursday, January 17, 2013
Life After Law
Life After Law, What Will You Do For the Next 6000 Days? My soon- to-be-released book is a guide to why aging baby boomer lawyers should be planning for their next career. The ABA has concluded that 400,000 lawyers will retire in the next 10 years. That is equivalent to the entire membership of the ABA, the largest volunteer organization in the world!
According to a different report, without reference to law, 10,000 people retire daily!
Look for a dramatic change in our culture as we seek to learn how to live longer, productive lives in different careers. Of course, the economy will also change as older folks become the dominant consumers in this country.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/mS-cnXJ0eL0/
Legal Translation Services for Law Firms
When should a law firm consider either translation or interpretation services? Jared Correia, the host of The Legal ToolKit and Law Practice Management Advisor with Mass. LOMAP gets the answer from George Rimalower, founder and president of ISI Translations, Inc. Jared and George also explain the benefits of using a translation service and how these services can boost your legal firm’s bottom line.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/06/legal-translation-services-for-law-firms/
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SJC Ruling on Foreclosures
Kathleen C. Engel, law professor and Associate Dean for Intellectual Life at Suffolk Law School, discusses the Massachusetts foreclosure crisis and actions being taken against four major banks. Learn more about Dean Engel at http://bit.ly/hBaALX.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/sjc-ruling-on-foreclosures/
The Latest in Court Technology for Paralegals
Find out what’s new in court technology on The Paralegal Voice. Co-hosts Lynne DeVenny and Vicki Voisin join Ted Brooks, the Founder & CEO of Litigation-Tech LLC for his insight on the latest in court technology for paralegals. Ted provides tips for paralegals getting ready for a big trial using extensive technology in the courtroom and explains how paralegals can learn the basics of commonly used trial software. Ted also gives his picks for blogs and online resources for paralegals interested in learning more about courtroom technology.
Lester wrongful death verdict of $6.2M reinstated
The Supreme Court of Virginia has reinstated the full jury verdict of $6,227,000 on a Isaiah Lester’s wrongful death claim based on the loss of his wife in a car accident.
The court’s ruling in Allied Concrete Co. v. Lester closes the book on a high-profile, high-dollar p.i. case. Lester and his wife’s parents recovered more than $10 million from a Charlottesville jury. After the verdicts and during post-trial discovery, the lead plaintiff’s lawyer, Matthew B. Murray, quit and resigned from the bar amid allegations of wrongdoing and collusion with his client. The court called Murray’s actions “patently unethical” but found that the parties got a fair trial.
The presiding judge, Edward Hogshire, left personal verdicts of $2,350,000 and $1,00,000 for the parents intact, but he knocked down the wrongful death verdict by $4,127,000. That remittitur was error, the court said in an opinion by Justice Cleo Powell.
Source: http://valawyersweekly.com/vlwblog/2013/01/10/lester-wrongful-death-verdict-of-6-2m-reinstated/
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More Charges Against Former Mayer Brown CIO
A former chief information officer at Mayer Brown LLP and his alleged accomplice have been indicted on 10 counts of mail fraud in an billing scam that prosecutors say netted both nearly $5 million.
Source: http://blogs.wsj.com/law/2013/01/14/more-charges-against-former-mayer-brown-cio/?mod=WSJBlog
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