Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/02/digital-cameras-in-law/
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Sunday, February 24, 2013
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.
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
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.
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.
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.
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.
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.
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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.
© 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.
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
Heinz Trader Tied To SEC Probe Was Goldman ‘Private Wealth Client’
Heinz Trader Tied To SEC Probe Was Goldman ‘Private Wealth Client’
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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.
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:
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.
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.All of which offers me the opportunity post this great video of Dame Maggie Smith's Violet in Downton Abbey.
However, with such a discourteous reply if you want a review copy you will have to buy it.
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
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.
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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/
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.
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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/
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/
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.
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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/
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/
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.
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
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.
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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.
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.
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.
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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/
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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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.
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.
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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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.
Liability After Facebook’s IPO
Facebook’s super-hyped IPO quickly turned into Wall Street folly. Lawsuits were filed almost immediately. Accusations of selective financial disclosure, investor deception and NASDAQ negligence are flying. So who is to blame? And who is liable? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the legal story of Facebook’s botched IPO and pending litigation from John P. ("Sean") Coffey, Managing Director at BlackRobe Capital Partners, and Scott M. Berman, Partner at Friedman Kaplan Seiler & Adelman.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/liability-after-facebooks-ipo/
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Tips and Tactics for Law Firm Websites
With the prevalence of profile sites, blogs and social media platforms, law firms need effective websites. Jared Correia, the host of The Legal ToolKit and Law Practice Management Advisor with Mass. LOMAP, joins Larry Bodine, the Editor-in-Chief for Lawyers.com, to explore the importance of law firm websites. Larry discusses everything from the sort of content components that should appear on a website and designing the website to basic SEO tools attorneys can use to get visits from their target audience.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/03/tips-and-tactics-for-law-firm-websites/
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 16, 2013
Mid-year union dues increase: Hudson notice required, opt-in not opt-out
The US Supreme Court this morning held that "when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."
Knox v. Service Employees Intl Union (US Supreme Ct 06/21/2012)
This is a remarkable decision for two reasons.
First, the Court has never before held that unions must issue a Hudson notice before changing the amount of dues. Hudson notices have always been based on an after-the-fact look-back based on the previous year's audited accounts.Second, the Court has never before held that unions cannot collect fees from nonmembers unless they affirmatively opt in. The Hudson notice system has always been based on the idea that nonmembers can get an after-the-fact refund.
The union representing California public sector employees has an agency shop agreement which requires nonmembers to pay an annual fee for "chargeable" expenses - nonpolitical costs related to collective bargaining. In June 2005 the union sent out its annual Hudson notice which estimated that chargeable expenses would be 56.35% of its total expenditures. After the 30-day period that nonmembers had to object, the union announced a 25% increase to fund a broad range of political expenses, but nonmembers were given no choice as to whether they would pay into this fund.
The US Supreme Court held (7-2) that
"when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."
The Court described this case as one involving compelled funding of the speech of other private speakers or groups, which is akin to compelled speech and compelled association. Therefore, it is subject to "exacting First Amendment scrutiny." In order to prevent the union from extracting a loan from unwilling nonmembers, the union must issue a fresh Hudson notice and must exempt nonmembers unless they opt in.
Two Justices, CONCURRING in the judgment, criticized the majority for adopting an opt-in system of fee collection which was "not contained in the questions presented, briefed, or argued."
Two Justices, DISSENTING, pointed out that unions have always been allowed to calculate each year's fee based on its expenses during the previous year. Although an imperfect system, it is not unconstitutional.
Source: http://www.lawmemo.com/blog/2012/06/midyear_union_d.html
Senior Aide to Holder To Step Down
Attorney General Eric Holder’s top aide leading the Justice Department’s response to the Fast and Furious gun-trafficking scandal is leaving the government.
Tracy Schmaler will lead a new crisis communications group at ASGK Public Strategies, a firm co-founded by former Obama White House adviser David Axelrod, after she leaves her post as Justice Department public affairs director in early March. Ms. Schmaler at times has been a lightning rod for criticism from conservative blogs and news organizations for her role in the Justice Department’s handling of Republican-led congressional investigations. . . . .
Tracy Schmaler will lead a new crisis communications group at ASGK Public Strategies, a firm co-founded by former Obama White House adviser David Axelrod, after she leaves her post as Justice Department public affairs director in early March. Ms. Schmaler at times has been a lightning rod for criticism from conservative blogs and news organizations for her role in the Justice Department’s handling of Republican-led congressional investigations. . . . .
Source: http://blogs.wsj.com/law/2013/02/14/senior-aide-to-holder-to-step-down/?mod=WSJBlog
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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.
What Should Solos Be Charging?
Are you confused about what to charge your clients? New Solo host and solo practitioner, Attorney Kyle R. Guelcher talks to Attorney Jeremy Byellin, from Byellin Law, PLLC, about how a solo can determine how much to charge, the Laffey Matrix, the pros and cons of charging flat rates to clients and offers advice on how to communicate fees during the initial client meeting.
Source: http://legaltalknetwork.com/podcasts/new-solo/2012/07/what-should-solos-be-charging/
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Ninth Circuit Applies Securities Litigation Uniform Standards Act to Affirm Dismissal of Section 17200 Class Action Involving Variable Life Insurance Policies
In Freeman Investments, LP v. Pacific Life Insurance Co., No. 09-55513, 2013 WL 11884 (9th Cir. Jan 2, 2013), the United States Court of Appeals for the Ninth Circuit held that the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) precluded plaintiffs’ class claims for violations of California Business & Professions Code § 17200, but did not preclude plaintiffs’ breach of contract claims. The Court held that the Section 17200 claims were predicated on alleged misrepresentations and omissions, whereas the contract claims were not. The Ninth Circuit’s holding reaffirms the courts’ broad application of SLUSA to class claims that are dependent upon allegations of misrepresentations or omissions.
Plaintiffs purchased variable universal life insurance policies from defendant Pacific Life Insurance Company (“Pacific Life”). Variable universal life insurance policies allow the policyholder to share in the gains, or losses, generated by the insurer’s investment of premiums. Plaintiffs alleged that Pacific Life’s levying of excessive “cost of insurance” charges in its administration of the insurance policies resulted in a decrease to the amount of money available for investments.
Plaintiffs filed a class action against Pacific Life on behalf of purchasers of Pacific Life’s variable universal life insurance policies. They asserted claims for breach of contract, breach of the duty of good faith and fair dealing and unfair competition under Section 17200, claiming that Pacific Life deviated from industry standards in calculating the “cost of insurance.” Plaintiffs alleged that “cost of insurance” was a term of art which they expected would be calculated “based on industry accepted actuarial determinations.” Instead, plaintiffs alleged, Pacific Life secretly debited an amount “in excess of true mortality charges.”
Pacific Life moved to dismiss under SLUSA. SLUSA generally precludes state law class actions that allege misrepresentations or misleading omissions in connection with the purchase or sale of covered securities. The parties here did not dispute that variable universal life insurance policies issued by Pacific Life constituted “covered securities” under SLUSA. At issue, however, was whether the plaintiffs’ Section 17200 claim and their claims for breach of contract and breach of the duty of good faith and fair dealing alleged misrepresentations or fraudulent omissions such that they would be precluded by SLUSA.
The United States District Court for the Central District of California dismissed. It agreed that the class action could not be maintained under state law because all of plaintiffs’ claims involved the omission of facts and possible misrepresentations in connection with the purchase of the insurance policies. Plaintiffs appealed.
The Ninth Circuit affirmed in part and reversed in part. The Court recognized that plaintiffs’ claim under Section 17200 was dependent upon allegations of misrepresentations and omissions in connection with the sale of the policies. Thus the Court held, consistent with the Supreme Court’s decision in in Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit, 547 U.S. 71 (2006) [blog article here], that the “in connection with” language of SLUSA should be construed broadly to cover plaintiffs’ allegation that Pacific violated Section 17200 by “engag[ing] in fraud or misrepresentation that drained their investments.” The Court thus affirmed the dismissal of the Section 17200 claim under SLUSA.
With respect to the contract claims, however, the Ninth Circuit reversed. The essence of plaintiffs’ contract claims was a “dispute about the meaning of a key contract term.” In order to succeed on their claim for breach of contract and breach of the duty of good faith and fair dealing, plaintiffs would need to “convince the court or jury that theirs is the accepted meaning in the industry,” not that “Pacific misrepresented the cost of insurance or omitted critical details.” Accordingly, the Court reversed the dismissal of the breach of contract claim and remanded it to the district court, requiring plaintiffs to amend their complaint to remove any allegations of fraud or active concealment.
Freeman Investments reaffirms that SLUSA should be applied broadly to class claims that are dependent upon proof of misrepresentations or omissions in connection with the purchase or sale of covered securities.
For further information, please contact John Stigi at (310) 228-3717 or Bridget Russell at (310) 228-2273.
The Controversial War on Drugs
Back in 1971, Richard Nixon declared a "war on drugs" claiming "America’s Public Enemy No. 1 in the United States is drug abuse". Forty years later, we are still waging a war against drugs. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams join Ethan Nadelmann, founder and executive director of the Drug Policy Alliance and Judge Jim Gray, author of Why Our Drug Laws Have Failed and What We Can Do About It, as they spotlight the controversial war on drugs including: the legalization of Marijuana, the rise in prescription drug use, sentencing reform and what needs to happen legally to eliminate this growing problem.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-controversial-war-on-drugs/
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Using Document Assembly Tools to Improve Your Firm
Find out how document assembly tools can increase efficiency and profits at your firm on The Un-Billable Hour. Host and Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program and Diane Ebersole, practice management advisor for the State Bar of Michigan explain how document assembly applications have advanced in the last few years and how these applications can increase the bottom line for your law firm.
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Friday, February 15, 2013
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/
US congressmen reintroduce controversial cybersecurity bill
[JURIST] Two members of the US House of Representatives [official website] on Wednesday reintroduced a controversial bill that would allow private companies and the federal government to share private security information related to cyber threats. In a bipartisan effort, Michigan Republican Mike Rogers and Maryland Democrat C.A. "Dutch" Ruppersberger [official websites] brought forth the Cyber Intelligence Sharing and Protection Act (CISPA) [HR 3523 materials], a law designed to stop cyber attacks on US infrastructure as well as private companies. The...
Source: http://jurist.org/paperchase/2013/02/jurist-two-members-of-the.php
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Technical Change by Broadridge May Impact Retail Voting at Upcoming Annual Meetings
Most public companies use Broadridge for shareholder voting tasks related to their annual meetings. Due to a new interpretive position being taken by the SEC, Broadridge recently informed its clients of a technical change in its online, mobile and telephonic voting platforms that may adversely affect obtaining favorable shareholder votes, particularly from retail investors.
Historically, Broadridge offered shareholders the ability to “vote with the board’s recommendation” on all proposals through the click of a single button. The SEC’s new interpretive position prohibits Broadridge (and other service providers) from continuing to offer this option. As a result, Broadridge will be changing its online, mobile and telephonic voting platforms for the upcoming proxy season:
- ProxyVote.com / Mobile ProxyVote – The “vote with the board’s recommendation” button will be removed and the online platform will more closely track the presentation of voting options on proxy cards and voting instruction forms. Specifically, shareholders will be presented with the option of voting on each item individually and will be informed of the board's recommendations with respect to each item. Shareholders will be informed that if they select the "submit" button without selecting any items individually, their proxies and voting instructions will be cast in accordance with the board’s recommendations. Similar changes are also going to be made to the mobile voting platform.
- Telephone Voting – Telephone voting will be revised to encourage shareholders to vote on each item individually but will allow shareholders to affirmatively elect not to vote individually. If they make that affirmative election, their votes and voting instructions will be cast in accordance with the board’s recommendations.
What if you have questions?
For any questions or more information on these or any related matters, please contact Edwin Astudillo (858-720-7468, eastudillo@sheppardmullin.com) or any other attorney in the firm’s corporate practice group. A list of such attorneys can be found by clicking the “ATTORNEYS” tab on the left-hand side of this page.
Disclaimer
This update has been prepared by Sheppard, Mullin, Richter & Hampton LLP for informational purposes only and does not constitute advertising, a solicitation, or legal advice, is not promised or guaranteed to be correct or complete and may or may not reflect the most current legal developments. Sheppard, Mullin, Richter & Hampton LLP expressly disclaims all liability in respect to actions taken or not taken based on the contents of this update.
The Amy Bishop Inquest
Suffolk Law Professor Chris Dearborn discusses the Amy Bishop case in Massachusetts and Alabama and both parties' reasons for keeping the inquest sealed or unsealed. Read more about Professor Dearborn at http://bit.ly/rafZ9N.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/the-amy-bishop-inquest/
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BP Oil Spill Settlement Update
The BP oil spill created an environmental and economic disaster affecting the entire Gulf Coast region. On March 2, 2012, BP agreed to settle the class action of certain oil spill related claims with the plaintiff steering committee, representing the interests of individuals and businesses throughout the region. Ringler Radio host Larry Cohen talks with colleague, Robert P. Caples and guest, Attorney Rhon E. Jones from the Beasley Allen law firm, about the various aspects of the settlement, including the important major changes in how claims will now be administered.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/06/bp-oil-spill-settlement-update/
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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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/
The USLAW Network: Benefitting Clients
Many of the cases structured settlement brokers handle are very complex. Clients in these situations need great legal counsel to represent them in the courtroom and beyond. On this edition of Ringler Radio, host Larry Cohen welcomes colleague, Tony Robinson and guest, Attorney Sheryl Willert, the managing director of Williams Kastner and Chair of the USLAW Network Board of Directors. Sheryl explains the USLAW Network’s mission and how clients can access some of the best trial lawyers in the country and around the world, while also receiving cost-effective representation.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/01/the-uslaw-network-benefitting-clients/
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Thursday, February 14, 2013
Domestic Drones and Privacy Law
On February 14, 2012, President Obama signed the Federal Aviation Administration Modernization and Reform Act into law. This Act requires the FAA to allow others to fly drones, including law enforcement agencies, private companies and even individual hobbyists, over American neighborhoods. Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, talk to the experts, Ryan Calo, Director for Privacy and Robotics, for the Center for Internet and Society at Stanford Law School and Jennifer Lynch, a staff attorney with the Electronic Frontier Foundation, about drones, transparency, public safety and the potential impact on privacy law.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/domestic-drones-and-privacy-law/
The Controversial War on Drugs
Back in 1971, Richard Nixon declared a "war on drugs" claiming "America’s Public Enemy No. 1 in the United States is drug abuse". Forty years later, we are still waging a war against drugs. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams join Ethan Nadelmann, founder and executive director of the Drug Policy Alliance and Judge Jim Gray, author of Why Our Drug Laws Have Failed and What We Can Do About It, as they spotlight the controversial war on drugs including: the legalization of Marijuana, the rise in prescription drug use, sentencing reform and what needs to happen legally to eliminate this growing problem.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-controversial-war-on-drugs/
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Lawyer abandoned his practice, clients
A Roanoke lawyer left divorce clients in the lurch when he quietly closed his law office and disappeared, Virginia State Bar documents reveal. Now, the lawyer has agreed to give up his license to practice.
Randall B. Campbell acknowledged Monday in a VSB affidavit he abandoned his law practice and failed to protect his client’s interests. The document gives no reason, and efforts to contact him were unsuccessful.
A certification of misconduct charges identifies seven clients who hired Campbell for their divorce cases, only to be left without legal help when Campbell closed his office, disconnected the telephone and left no forwarding address.
The office closure apparently came in late 2011 or early 2012, based on VSB allegations. Campbell allegedly wrote to one client on Dec. 26, 2011, offering to refund fees because he had a “family emergency.”
Campbell’s law license was administratively suspended a year ago for his ignoring a VSB subpoena. A bar investigator had to “track him down” to interview him, according to the certification document.
Campbell allegedly admitted in the interview he had given up his law practice without notice, had placed clients’ unearned fees in his operating account and did not maintain a trust account.
Source: http://valawyersweekly.com/vlwblog/2013/02/07/lawyer-abandoned-his-practice-clients/
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