Law

ABA Journal Daily News
ABA Leader & Land Use Expert Loved Baseball and Hawaiian Shirts

20 Nov 2009 | 4:29 pm

Renowned for his Florida land-use expertise and love of baseball, David Cardwell was seemingly more comfortable in a Hawaiian shirt than a business suit. “But once he opened his mouth, you knew this guy was the smartest man in the room. And you had to listen,” John Jacobsen of the Cape Coral Community Redevelopment Agency tells the News-Press. Jacobsen and many others are mourning the loss of Cardwell, who died Wednesday in a hospital in Orlando of complications from swine flu, pneumonia and bronchitis. The newspaper says he was 64 years old, but some other reports list him as only…
Model Who Married Doorman Sues Swanky NYC Coop

20 Nov 2009 | 3:02 pm

Love hasn't been entirely a bed of roses for a wealthy young woman who has been called the Heidi Klum of foot models and her new husband—a former doorman in her swanky New York City co-op building. Jealous of the 30-something pair, some fellow residents of the upscale Upper East Side apartment complex have been making life difficult, say newlyweds Christina Amber and Angel Rotger. They have filed suit in New York Supreme Court in Manhattan over the situation. Coverage in the New York Daily News notes that the building superintendent's wife at one point allegedly hit Rotger in the…
Revenge Is Tweet, Finds Lobbyist Miffed By New York Times Story

20 Nov 2009 | 2:25 pm

Corrected: Aggravated by a critical New York Times article this week about a major client, the vice chairman of Washington, D.C.'s Cassidy & Associates lobbying firm struck back via social media. Turning to his personal Twitter feed, Gregg Hartley blasted the Times reporter who wrote the article for having an appearance of conflict of interest in the story about Equatorial Guinea: The reporter's father, a federal district court judge, heard a high-profile case concerning the country several years ago, reports the Blog of Legal Times in an article reprinted in the National Law Journal.

Blawg Review
Blawg Review Is For You Too

Editor

20 Nov 2009 | 10:21 am

Blawg Review #239 at this blog about Human Rights in Ireland is sure to be as passionate as it is entertaining, and will include surprise performances by superstars born in the USA.It's not too late to get in on this -- still haven't found what I'm looking for. So, if you've written a great post this week or would like to recommend another law blog post that you think would be good for this issue of Blawg Review, please follow these submission guidelines.
Go ahead. Make my day.

Editor

17 Nov 2009 | 10:41 am

The National Rifle Association of America, or NRA, is an American non-partisan, non-profit organization which lists as its goals the protection of the Second Amendment of the United States Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection of hunting and self-defense in the United States. It was established in 1871 on November 17th.To celebrate this anniversary, and to commemorate the International Day for Tolerance yesterday, Blawg Review #238 is hosted by our favorite Jew with a gun, Joel Rosenberg.We'll let Colin Samuels…
A Blawg Review Review

Editor

11 Nov 2009 | 8:50 am

by Charon QCBlawg Review #237 – Christian Metcalfe of Property Law blog“Today’s single most important political principle, the right to live in a participatory democracy, comes down to us not from the slave-owning societies of Athens and Rome, or from the pleasant estates in France where Rousseau and Montaigne envisioned the ‘general will’, but from buff-coated and blood-stained English soldiers and tradesmen.”Christian has produced an excellent Blawg Review #237, embracing many of the posts on the legal blogosphere over the last week. A work of detail and themed beautifully…..

Law Blog--Wall Street Journal
The Jones Day Lawyers Looking to Take Down SOX

Ashby Jones

20 Nov 2009 | 2:53 pm

On Thursday, we previewed a case gearing up at the Supreme Court for which we’re extremely excited. Coming in a distant second (but second nonetheless) is Free Enterprise and Beckstead and Watts v. PCAOB and U.S. At issue: the constitutionality of a section of the 2002 Sarbanes-Oxley Act, the anti-fraud legislation passed in the wake of the Enron/Worldcom era. Specifically, the case will settle the constitutionality of the Public Company Accounting Oversight Board (“PCAOB”) created as part of SarbOx. The case raises two constitutional questions: whether the provisions of SarbOx…
Is a KSM Conviction a Fait Accompli? If So, Is That a Good Thing?

Ashby Jones

20 Nov 2009 | 12:35 pm

The opening wave of news stories on the decision to try Khalid Sheikh Mohammed in New York focused largely — and understandably — on logistics, as well as the symbolism of bringing the alleged 9/11 mastermind (and several of his colleagues) back to within a mile of the crime. We welcome what appears to be the next wave of coverage — one which focuses a bit more the brass tacks of actually trying KSM in a court of law. Because a hard consideration of what a trial of this guy is going to look like is enough to make your head spin. It could be ugly, on a lot of levels. (Click…
Lawyer on Jury Talks Lawyering in Trial Involving Lawyer

Ashby Jones

20 Nov 2009 | 11:13 am

Our title’s straightforward enough, right? Needs no further explanation? Yes, we’re kidding. Let us explain: The Recorder on Friday put out a nice piece on the McKesson trial, detailing the ins and outs of the government’s strategy in landing a conviction Thursday of former McKesson HBOC Chairman Charles McCall. Click here, also, for a take from AmLaw’s Andrew Longstreth. Jurors on Thursday convicted McCall on four securities fraud counts and one charge of circumventing accounting controls. They acquitted him on a falsifying books and records count. At the same time,…

Pivotal Discovery Blog
Dethroned! SF Bay Area takes the #1 spot from NY for e-discovery careers

26 Oct 2009 | 6:00 pm

At least for the month of October. New York had been at the top of our survey each month since we began tracking career postings fifteen months ago, in July 2008. Overall, the West Coast gained in every category. Regardless of which region is pulling the jobs train - East Coast, West Coast, or Midwest, hopefully we can keep it stable until we pull out of the recession. Career Pulse: 2, 217 career postings in lit support, ediscovery, and paralegal [...]
Silver Lining of Continuing Education in a Down Economy

4 Oct 2009 | 6:00 pm

By Sasha Hefler, President, Masters Conference Recent headline excerpts such as "Shed Corporate Lawyers," "Cut Partners Too," "Firms Still Uncertain How Deep Cuts Will Go," "Furlough," "Retirement Losses," and "Lays Off Associates" can send chills down anyone's spine. The recent economic downturn has forced all legal professionals to look within to find personal strength to outlast and beat the dire situation around us. When the [...]
Career postings across the internet in September - the other flat month

14 Sep 2009 | 6:00 pm

Career Pulse: 2, 481 career postings in lit support, ediscovery, and paralegal specializations aggregated from across the internet, available at PivotalDiscovery.com. Sign in to PivotalDiscovery.com and click My Menu/Career Search to view all of these jobs and apply for the ones that suit you. Do it!Here are the September results of our City Survey of Lit Support, eDiscovery, and Paralegal jobs, compared to last month. SummaryFlat. It [...]
Double Digit Dips Nationwide in Job Postings in August

16 Aug 2009 | 6:00 pm

Double digit dips, but I'm going to chalk this up to the general summer cyclical slowdown.Let's see if next month brings a significant rebound and continues the growth in new career positions that we have seen over the last few months. Here are the August results of our City Survey of Lit Support, eDiscovery, and Paralegal jobs, compared to last month. Summary> Lit Support: 16% decrease over last month.& [...]
July Job Postings - The Growth Trend Continues!

18 Jul 2009 | 6:00 pm

Monthly Internet Job Postings for 2009 Here are the July results of our City Survey of Lit Support, eDiscovery, and Paralegal jobs, compared to last month. SummaryLit Support job postings surpassed 1,000 for the first time since January! See espec [...]

Smartbrief: Practising Law Institute
Is social media crippling your productivity?

19 Nov 2009 | 10:00 pm

You're not alone if you feel social media is hurting your productivity, is unfulfilling and feels like "an ever-growing mount -More-
Some big shareholders tell Goldman to shrink bonus pool

19 Nov 2009 | 10:00 pm

Anger about big bonuses on Wall Street is no longer expressed only on Main Street. -More-
Banco Santander requests Madoff lawsuit dismissal

19 Nov 2009 | 10:00 pm

Spanish bank Banco Santander petitioned a U.S. -More-
SEC urged to revamp adviser ratings after Madoff scandal

19 Nov 2009 | 10:00 pm

-More-
American pinot noirs belong at the Thanksgiving table

19 Nov 2009 | 10:00 pm

An American-made pinot noir can stand up to the big tastes of a Thanksgiving meal without adding another competing dimension. -More-

Overlawyered
House health care reform would discourage many state reforms

Walter Olson

20 Nov 2009 | 9:06 pm

I’m quoted on the subject in Grant Bosse’s article in New Hampshire Watchdog. Earlier here and here. Tags: medical malpractice Related posts White Coat’s lawsuit story, cont’d (0) Welcome Ken & Daria Dolan viewers (0) Welcome “Morning Magazine” listeners (0) Update to Tennessee medmal verdict (0) Tennessee jury demands defensive medicine (11)
“Testimony: Federal Judge Owed $150K on Credit Cards, Got $20K from 2 Lawyers”

Walter Olson

20 Nov 2009 | 7:33 am

Allegations of $2,000 in an envelope, constant requests for cash, false financial filings, and much else besides, figure in the House impeachment proceedings against a Louisiana jurist. [ABA Journal] Tags: judges, Louisiana Related posts “The only reason I gave you anything was because of you.” (0) “Scandal in Louisiana’s criminal courts” (1) Zulu Coconut Suit (2) When people search for “judge” (1) When a judge sues for defamation, cont’d (0)
November 20 roundup

Walter Olson

20 Nov 2009 | 4:05 am

Judge finds Army Corps of Engineers negligent in Katrina levees suit [WSJ Law Blog, Krauss/PoL] Feds raise the Gibson guitar factory in Nashville on an exotic-woods rap [The Tennessean] Eric Scheie has a few things to say about what turns out to be a remarkably comprehensive federal regulatory scheme on trade in wood enacted with little public discussion as part of the 2008 farm bill [Classical Values] In the mail: Amy Bach’s new book Ordinary Injustice: How America Holds Court, very favorably reviewed by Scott Greenfield not long ago (AmLaw Daily interview with author); Pension…
Trespasser sues railroad

Walter Olson

19 Nov 2009 | 9:08 pm

She “was taking pictures on the railroad tracks in Tupelo in 2006″ and things didn’t end happily. Now her lawsuit says the train was going too fast and that the BNSF Railway Company “should have posted trespassing signs to keep people away.” People like her, that is. [AP/Jackson Clarion Ledger] Tags: assumption of risk, railroads Related posts Update: Trespass atop rail car, win $24 million (4) Update: garden-center bird attack (1) Update: “Burning Man Lawsuit Finally Extinguished” (0) U.K.: Footballer sues over “negligent” tackle (3)…
U.K.: Find discarded gun, bring it in to cops, get convicted for possession

Walter Olson

19 Nov 2009 | 9:54 am

Could such a sequence of events actually happen? It seems to have happened to Paul Clerke of Merstham, England. [ThisIsSurreyToday via Coyote] Tags: crime and punishment, guns, United Kingdom Related posts Swiss Army knife? “Yer goin’ down, mate” (1) “Butter knife ‘an offensive weapon’” (0) Update: Tony Martin case (0) UK: What, no specific performance? (3) UK: Publishing grifter’s photo = violating her human rights? (0)

ABA Journal Magazine Stories
The Less Final Option

ABAJournal.com

1 Nov 2009 | 8:49 pm

She never knew what hit her.
Legal Rebels

ABAJournal.com

1 Nov 2009 | 8:40 pm
Green Achers

ABAJournal.com

1 Nov 2009 | 8:30 pm

Sedan, Kansas Situated halfway between Wichita, Kan., and Tulsa, Okla., lies the town of Sedan. It is a popular destination for hunters and known for having the world’s longest yellow brick road; its economic base is rooted in cattle, oil and tourism. With a population of roughly 1,200, Sedan is the largest city in Chautauqua County.

QuizLaw Legal Blog
The whole freaking system is out of order!

Seth

3 Nov 2009 | 6:30 am

Back in February, we told you about a major whoopsie that had been discovered in the Wilkes-Barry, PA juvy courts. Specifically, two judges were sending minors off to JV prison after taking millions of dollars in kickbacks from the detention centers taking in these rapscallions. Well now the PA Supreme Court has thrown out five years' worth of convictions made by one of these judges. Thousands of convictions, in fact, up to 6,500. Well now the PA Supreme Court has thrown out all of this judge's convictions. Thousands of convictions, in fact, up to 6,500. Most of the kids who now have a mark…
Fox News: An Ouroboros of Opinion and News

Seth

2 Nov 2009 | 6:30 am

After making a little fun of the Obama Administration's "war on Fox News," Jon Stewart unloaded on Fox News over its righteous indignation over the whole thing and showed us how things work at Fox. Awesome. The Daily Show With Jon StewartMon - Thurs 11p / 10c
Hello Old-School Southern Racism, Good to See You Again!

Seth

19 Oct 2009 | 6:40 am

Wow, just wow. Keith Bardwell is a justice of the peace down in Louisiana who's been getting lots of press over the last few days because he's a bigot. Of course, he doesn't think he's a bigot -- he's just helping the kids. See, Bardwell refused to issue a marriage license to an interracial couple last week, because it's bad for the children. In his experience, Bardwell says, interracial marriages don't last very long. And on top of that, from talking with some folks, he's decided that neither black nor white society tends to accept the children of interracial relationship: "I don't do…

BlawgIT
Luddite Patent Attorneys Are More Expensive Than You Think

Brett Trout

17 Nov 2009 | 7:22 am

Is Your Attorney as Tech Savvy as You Are? You go to great lengths to protect your computer from hackers. But does your attorney? Hackers know all of your most important documents reside on your attorney’s computer. If your attorney is not as tech savvy as your company, who is a seasoned hacker going to target? The scariest part is that if a hacker does steal from your attorney, your attorney, and you, may be none the wiser. Taking Candy From a Baby Charged with protecting your most sensitive documents, law firms often lag far behind other industries when it comes to identifying holes…
Bilski Oral Argument

Brett Trout

10 Nov 2009 | 8:24 am

Bilski Yesterday oral argument took place in the Supreme Court in what could be the most pivotal patent ruling of our time. The case revolves around Bilski’s patent application for a method of hedging the risk of fuel price fluctuations associated with bad weather. State Street Back in 1998, the Supreme Court ruled in State Street that a computer programmed with novel software is patentable even if the output is merely numbers. The State Street ruling led to a deluge of business method patent applications. Not having any previous business method patents against which to vet the new…
The Farnsworth Invention

Brett Trout

6 Nov 2009 | 9:17 am

The play The Farnsworth Invention begins tonight at the Des Moines Community Playhouse. Why would a patent blog write about a play? Well, unbeknownst to me before last night, The Farnsworth Invention is a play about patents. It explores patentability, infringement, enablement, interference, licensing and litigation. It even pastes parts of actual patents right into the script. You simply could not ask for any more patent and invention in a single play. Now I realize the foregoing description already has you on the phone to the Des Moines Playhouse ordering tickets, but there is more. Aaron…

Above the Law
Bar Exam Results Open Thread: California Dreaming

20 Nov 2009 | 3:14 pm

Californian bar takers are hoping to have something to be thankful for next Thursday. They get their bar exam results today at 6 p.m. PST. Results are available to bar takers tonight and to the general public on Sunday at 6 a.m. PST. Says one tipster who is not too confident: California Bar Results come out at 6:00 pm pst today... counting down the hours until I found out I failed.... Releasing results on a Friday is a great idea. It means that the successful can live it up and the not-so-successful can drink themselves into a sad stupor. And everyone can sleep it off on Saturday morning.
Non-Sequiturs: 11.20.09

20 Nov 2009 | 2:20 pm

* Tom Daschle is going to DLA as an advisor, not for help with his taxes. [USA Today] * Deloitte pays to make Parmalat go away. [Going Concern] * Indiana Law Professor proposes shipping at-risk kids back to Africa. Oh, where to begin? [True/Slant] * Is perfectionism a blessing or a curse? [What About Clients?] * If it's good enough for Yale Law, then it should be good enough for New York Law School. [Adjunct Law Prof Blog] * It's holiday sale time in Biglaw. [Young Lawyers Blog] * Brick Breaker prowess doesn't always translate into firm success. But when it does, it is awesome. [Litination] *…
My Job Is Murder: Of Sushi and Succubi

20 Nov 2009 | 1:40 pm

Ed. note: Welcome to ATL's first foray into serial fiction. "My Job Is Murder," a mystery set in a D.C. appellate boutique, will appear one chapter at a time, M-W-F, over the next few weeks. Prior installments appear here; please read them first. Susanna Dokupil can be reached by email at sdokupil@sbcglobal.net or on Facebook. Katarina grabbed her oversized purse and tossed a long red scarf around her neck. Tyler noticed a copy of Atlas Shrugged peeking out of it. Alignment: Libertarian. And geeky. Only true bookworms manage to slog through all 1000+-pages of Ayn Rand's magnum opus. "So what…

Simple Justice
Avvo's Big Three? Not Me, Thanks

SHG

21 Nov 2009 | 2:56 am

The other day, an offer came over from Bryan Jones, the advertising sales manager at Avvo. The subject line of the email was a grabber: Avvo to Feature Only 3 Criminal Defense Lawyers in New York County. Only three? Avvo.com is a resource for two million consumers per month who are seeking legal assistance. In New York County alone we had over 2,100 searches last month from consumers researching Criminal Defense Law. I am contacting every Criminal Defense lawyer in your area today to inform them of an advertising opportunity that would place their picture and contact…
New York's New DWI Bill: Compounding Stupidity

SHG

20 Nov 2009 | 5:32 am

The vote is in. Hooray! Save the children. Get tough, get tougher. There are no sweeter sounds to the ears of a politician than the applause of their constituents. And there are few things constituents applaud more than a tough new law to save the lives of children. Or, at least, seems to do so.If nothing else, the New York Legislature has shown that it can pass a law as fast as Congress did the USA Patriot Act. Something crazy happened in Albany this week: The Assembly passed a bill, then the Senate passed their version of the bill, and then Governor David…
Prosecutorial Immunity: Sometimes, A Legal Fiction Is Just A Fiction

SHG

20 Nov 2009 | 3:35 am

It's often difficult to understand why a prosecutor who has engaged in the affirmative act of concealing exculpatory evidence, or fabricating evidence of guilt, is clothed with immunity. Mistake or accident is one thing, but why should they be immune from liability for a deliberate act? The simple, albeit unpalatable, explanation is that the Supreme Court says so.And so the 2d Circuit in Warney v. Monroe County reversed Judge Latimer in the district court and conferred absolute immunity who withheld the results of a DNA test from a convicted defendant during his habeas proceeding.

That's What She Said
Taking a Twirl on the Big Stage

Matt Rita

20 Nov 2009 | 7:19 am

Litigation Value: $0. For the second week running, our favorite paper company largely avoided any obvious liability on the employment law front. In fact, Dunder Mifflin may have a (nominal) claim of its own against Michael Scott and his road-tripping entourage, based on their unauthorized limousine frolic. If this were a securities or bankruptcy law post, [...]
Belles, Bourbon, Bullets & Bankruptcy

Jody Ward-Rannow

12 Nov 2009 | 9:48 pm

Litigation Value: $0. Shockingly no one did anything illegal in this episode. Dunder Mifflin suffered a full day’s lost productivity due to Corporate’s poor handling of the bankruptcy situation. In this week’s episode, the recession finally hit Dunder Mifflin. Faced with such stress, I would have expected the Scranton branch to become a plaintiff’s lawyer’s dream, [...]
Double Trouble

Jaclyn West

6 Nov 2009 | 6:20 am

Litigation Value: up to $5,000-7,500 to settle Erin’s sexual harassment claim; $2,000 for sexual harassment training (again); up to $10,000 to settle with Michael for failing to protect him from Pam’s slap … and Pam might be spending some of her own money on defending against Michael’s battery claim. This week on “The Office,” we saw our favorite [...]

opinionistas.com
Say Hello to the New Film Genre: The Unintentional Horror Movie

admin

18 Nov 2009 | 1:40 pm

Horror movies are honest. They let you know exactly what they are from the get-go. Slasher flick? Gonna have a guy (usually) who stalks and murders a bunch of teenagers. Zombie film? You’ll have a smattering of undead making a play for any non-zombie life form, while the still living work to outwit them. These films aren’t too complicated – you get what you get. It’s the rest of film that’s the real horror-shiller. These movies that slide under the radar as adorable romantic comedies or lulling period dramas, and then smack you in the gut with messages and themes…
On the (Internet) Radio

admin

18 Nov 2009 | 8:07 am

I went on Mediabistro’s Morning Media Menu show this AM to talk with the smart and fabulous Jason Boog and Matt Van Hoven about China, infrastructure, and apocalypse porn. To listen, click here.
Why Your Alien Abduction Movie Needs Malcolm Gladwell

admin

9 Nov 2009 | 10:53 am

“The Fourth Kind” is just the kind of joyless tragedy porn that I love to write about — lame, ineffective, and a total victim of its own hubris. Also this one really needed a big fat dose of The Tipping Point (possibly the only time you will ever see me write that phrase, or think it for that matter). Anyway to read this week’s Horror Chick click here. And if you’re certain you’ve been kidnapped by aliens, blame Mark Sanford.

Legal Antics
Unlike most male lawyers, this guy is a) modest and b) likes curves

NBlack

18 Nov 2009 | 6:01 am

Funny, charming, successful Lawyer - 32 (Upper West Side) Date: 2009-11-17, 11:26AM EST Reply To This Post Hi ladies: I'm seeking an intelligent, laid back woman with a great sense of humor. May law practice keeps me away from a lot of opportunity to meet you out. I would definitely say I'm a catch. I'm confident saying that I believe I have those quality characteristics you'd want to bring home to mom. I have a weakness for curves. Nice to meet you. it's NOT ok to contact this poster with services or other commercial interests
It's really only fair...

NBlack

16 Nov 2009 | 5:55 am

Via the Fail Blog:
Finally, career services change with the times.

NBlack

11 Nov 2009 | 4:13 am

Via Courtoons:

Law and Magic Blog
Pennsylvania Fortune Teller Pleads Guilty To Criminal Mischief

lpcprof

19 Nov 2009 | 12:02 pm

Prosecutors obtained a plea deal with a Chesco, Pennsylvania, woman who was originally charged with violating the state statute against fortune telling, a third degree misdemeanor. Instead, April Seven Uwanawich pled to the lesser charge of criminal mischief and made restitution to the woman who had brought the complaint. Ms. Uwanawich also escaped prosecution on a number of other charges. Read more about the case in the Pottstown Mercury here. Here's the text of the Pennsylvania statute (18 Pa. Cons. Stat. § 7104), which reads as do many other state laws on fortune telling. §…
That's $25 For Your Fortune, $100 For More Info, and $1250 To Remove That Curse

lpcprof

17 Nov 2009 | 3:29 pm

Suffolk County (New York) police arrested a Florida woman on a number of counts last month after she tried to convince an eighteen year old that the teen was suffering from a curse; for $1250, the woman said, she could rid the girl of the problem. The teen had alerted police, who were watching the exchange, and pounced on 22-year-old Tiffany Evans. In New York, the relevant penal code section prohibiting fortune telling is § 165.35 which reads: A person is guilty of fortune telling when, for a fee or compensation which he directly or indirectly solicits or receives, he claims …
BBC Rejects Calls To Open Up "Thought For the Day" To Non-Religious Commentators

lpcprof

17 Nov 2009 | 8:48 am

The BBC Trust has decided not to open up its six-day-a-week segment Thought for the Day, broadcast on Radio 4, to non-regilious commentators, as requested by humanist, secular and atheist organizations. However, it has agreed to handle complaints about content of the program in a different way, apparently acknowledging that management has been somewhat insensitive. The Trust is maintaining its position that content for the Thought for the Day program is a matter of editorial discretion, and is intended as religious programming, not merely commentary. However, the committee examining the…

What About Paris?
Overheard in Los Angeles

JD Hull

20 Nov 2009 | 9:12 pm

Life is short, opera is long, and Wagner is longer. --Plácido Domingo, Spanish tenor, L.A. Opera general director. German tenor Johannes Sembach (1881-1944), taking a stab at the role of Pylade in Gluck's Iphigenie auf Tauris
The Street Painter

JD Hull

20 Nov 2009 | 8:59 pm

Notre Dame, Les Bouquinistes by Antoine Blanchard ("Marcel Masson") (1910-1988)
Perfectionism

Holden Oliver

20 Nov 2009 | 7:59 am

(Photo: Paramount Pictures) "The dweebs. The dweebs." The downside of Type-A. Perfectionism. A great place to "be from". A wonderful instinct, if controlled. It's also a curse--of eldest children, professionals, knowledge workers, most lawyers, all spouses, your Mom, and the geek classes, or Techwazee. The horror, the horror. Too much, and you need rehab. Worse, your senior partner will start questioning your judgment. Clients 99% of the time are not paying you to be perfect. They don't want it. See "Rule 10: Be Accurate, Thorough and Timely--But Not Perfect" in WAC?'s annoying-but-accurate…

How Appealing
"Prison holds promise for job-strapped town; Politicians can argue about detainee danger, but work is work"

Howard Bashman

20 Nov 2009 | 7:48 pm

"Prison holds promise for job-strapped town; Politicians can argue about detainee danger, but work is work": Saturday's edition of The Washington Post will contain an article that begins, "On the edge of a cornfield 150 miles from Chicago lies a prison, all but vacant, that could become the new Guantanamo." And The Kansas City Star has a news update headlined "Ashcroft says trying terrorists in federal court jeopardizes U.S. safety."
"Ex-Smoker Wins Against Philip Morris"

Howard Bashman

20 Nov 2009 | 7:30 pm

"Ex-Smoker Wins Against Philip Morris": Saturday's edition of The New York Times will contain an article that begins, "Legal experts predict that thousands of tobacco lawsuits could gain momentum in Florida after a Fort Lauderdale jury ordered Philip Morris USA to pay $300 million to a former smoker who says she needs a lung transplant."
"These Men Could Kill SarbOx: Two tenacious Washington lawyers have the Sarbanes-Oxley Act in their sights--and they just might take it down."

Howard Bashman

20 Nov 2009 | 7:22 pm

"These Men Could Kill SarbOx: Two tenacious Washington lawyers have the Sarbanes-Oxley Act in their sights--and they just might take it down." BusinessWeek posted this article online yesterday.

Legal Juice
Tell Me You Didn't Taser A 10-Year-Old Girl

John Mesirow

20 Nov 2009 | 9:05 pm

I told you not to tell me that! Per Arkansas Online: Ozark Police Chief Jim Noggle said age is not a factor in determining when his officers use a Taser on someone. Noggle said Tuesday that officer Dustin Bradshaw used his Taser last week on a 10-year-old girl who was kicking and combative with Bradshaw after her mother called police. According to a report filed by Bradshaw on Nov. 12, the officer was called to an Ozark home for a domestic problem. The girl was on the floor of the house screaming and crying. She refused to follow her mother’s instructions and the mother told Bradshaw to use…
Of All The Places To Set Up An Indoor Marijuana Farm ...

John Mesirow

19 Nov 2009 | 9:07 pm

While scouting locations for an indoor marijuana cultivation facility, would you not exclude any buildings near police stations? You would not, if you were a certain group of folks in Los Angeles. They decided to set up shop in a building 25 feet from a police station. Are you sitting down? Because this will shock you: They got busted. How? As reported by The Mercury News: "Our gang officers were in the parking lot. The air was still. The breeze was right. They could smell growing pot," said Los Angeles police Lt. Stephen M. Carmona, commander of detectives at the Topanga station. Damn! You…
You Sure You Want To Sell That Door-To-Door?

John Mesirow

18 Nov 2009 | 9:04 pm

I would wager that this was one door-to-door salesman some of you Juice readers would be quite pleased to see. What was he selling? Weed! As luck would have it (bad luck, that is), one of the doorbells he rang at 3:30 a.m. was at the home of a Brownsville police officer. Doh! Per The Brownsville Herald: Anthony Carrazco, 19, was arrested at the officer’s apartment at approximately 3:30 a.m. when he tried to sell the officer three ounces of marijuana, said police spokesman Jimmy Manrrique. He was later charged with one count of possession of marijuana and one count of possession of a…

PointOfLaw Forum
AP poll: most favor limiting med-mal awards

Walter Olson

20 Nov 2009 | 9:04 pm

A "new Associated Press poll says most Americans support curbs on medical malpractice lawsuits. The AP poll found that 54 percent favor making it harder to sue doctors and hospitals for mistakes taking care of patients, while 32 percent are opposed. The rest are undecided or don't know." [AP/Chicago Tribune]
Around the web, November 20

Walter Olson

20 Nov 2009 | 12:56 pm

Moving beyond judicial elections? Chamber's Institute for Legal Reform has a new report out (PDF) on the subject of "Best Practices in Judicial Merit Selection" More: Gavel Grab. Earlier: here, here, etc. Latest from the Jury Verdict Research people: employers winning less, paying more [Toth, Manpower Blawg] Critique of new Cass Sunstein book on constitutional interpretation [Steven Menashi, Policy Review] Judge refuses to dismiss medical monitoring claim in West Virginia DuPont Teflon pollution suit [Jackson] Alien Tort Statute discussed by Kenneth Anderson at Volokh [first, second, third,…
Is the Bell Tolling For Philip Morris? $300M Verdict for One Former Smoker

Michael Krauss

20 Nov 2009 | 11:37 am

After getting the mammoth $145 billion judgment against it thrown out on the grounds that each member of Florida's plaintiff smoker's class had to sue separately, the suits are coming in, and the latest verdict is not good news for the future of Philip Morris (and, therefore, for the future of its substantial yearly payments to the fifty states...) A Ft. Lauderdale jury favored one its residents, a 61-year-old woman with emphysema, to the tune of $300 million, of which $244 million was punitive and $56 million allegedly "compensatory". Cindy Naugle, sister of Ft. Lauderdale's former mayor,…

Ernie The Attorney
New Orleans premier of 'The Blind Side'

Ernie the Attorney

19 Nov 2009 | 6:30 am

I absolutely loved the book. And I love Sandra Bullock for her strong, but quiet, assistance to Warren Easton Charter High School, which struggled to rebuild after Hurricane Katrina. Sandra Bullock has raised a lot of money, and has visited the high school several times --never with a media entourage. The movie premier is at a small neighborhood theatre here, and all the proceeds will to to Warren Easton high school. Among the dignitaries that will attend the premier is Michael Lewis, the author of The Blind Side. As many of you know he's from New Orleans too. A few…
Business cards?

Ernie the Attorney

19 Nov 2009 | 5:40 am

Awhile back I did a post on rethinking business cards. It spawned a lot of great comments. In fact the comments probably have more useful information than the post itself.
Another reason why lawyers write excruciatingly long sentences

Ernie the Attorney

18 Nov 2009 | 12:59 pm

There are so many reasons why lawyers write those tedious run-on sentences, but let's focus on one that probably afflicts my generation more than the more newly minted lawyers. How many people regularly use the 'Digests'? You know, the headnotes maintained by West that are filled with blurbs about legal principles.Anyway, I'm at the Fifth Circuit law library (availing myself of their West books, and the free wifi), and I was reminded of something about the digests that's really strange. The digests have a convention about how they're written that…

On Point
Author Loses Case Over Portraying Friend as "Slut"

19 Nov 2009 | 5:40 pm

Reality-based fiction has suffered another major blow as a Georgia jury awarded $100,000 in damages to a woman who claimed that a character in the best-selling novel "The Red Hat Club" falsely portrayed her as an "alcoholic slut."
"Dog Fricassee?" Law Firm Sued Over Vietnam Insults

17 Nov 2009 | 6:23 pm

A Vietnamese-American woman who says attorneys at a Virginia law firm insinuated she cooked up meals from dogs and cats has filed an employment lawsuit that may test the boundary between office banter and actionable discrimination on the basis of national origin.
Wind Gusts Make Homeowners Liable for Auto Accident

15 Nov 2009 | 1:05 pm

Iowans might need to keep a closer eye on their weather after the state Supreme Court ruled that property owners who left trampoline parts unsecured in their yard can be sued over an accident caused by the parts being blown onto an adjacent road.

The BLT: The Blog of Legal Times
Appeals Court Rules for D.C. in Protest Case

Mike Scarcella

20 Nov 2009 | 1:06 pm

The police have no obligation to order a crowd to disperse before making arrests, a federal appeals court ruled today, marking a victory for the District of Columbia in a suit that alleges police unlawfully arrested a group of demonstrators...
Perkins Coie Taps Marc Elias to Succeed Robert Bauer as Political Law Practice Chair

Jeff Jeffrey

20 Nov 2009 | 10:48 am

For Perkins Coie, the announcement that its own Robert Bauer had been named to replace Gregory Craig as White House counsel meant the firm needed to find someone else to chair its political law practice group. Enter Marc Elias. Elias,...
D.C. District Court Gets New Clerk

Jordan Weissmann

20 Nov 2009 | 9:07 am

The U.S. District Court for the District of Columbia has selected a new clerk of the court. Angela Caesar, a 19-year clerk’s office veteran, was appointed Tuesday to replace Nancy Mayer-Whittington, who retired on Oct. 30, according to a court...

May it Please the Court
Lawyer2Lawyer Internet Radio Seizes Emails Under The Fourth Amendment

5 Nov 2009 | 1:19 am
Lawyer2Lawyer Internet Radio Reviews The Birth Control Litigation

30 Oct 2009 | 12:41 am
Lawyer2Lawyer Internet Radio Employs New York Law For Rate Of Pay Issues

22 Oct 2009 | 12:17 am

JURIST - Paper Chase
ICTY appoints UK lawyer to represent Karadzic

Patrice Collins

20 Nov 2009 | 12:05 pm

[JURIST] The International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] on Friday appointed [press release] British lawyer Richard Harvey to represent Bosnian Serb leader Radovan Karadzic [case materials; JURIST news archive] if he continues to boycott his trial when proceedings resume in March. Harvey is currently joint head of the British defense firm Garden Court
Islamic countries lobbying for treaty against religious defamation: report

Sarah Miley

20 Nov 2009 | 11:05 am

[JURIST] The Organization of the Islamic Conference (OIC) [official website] has begun lobbying for the UN General Assembly [official website] to pass an international treaty protecting religious beliefs and symbols from defamation, according to an AP report [text] Friday. The efforts of the OIC are being led by Pakistan and Algeria with full support of the organization's 54 remaining members.
Federal judge orders health benefits for same-sex spouse of federal employee

Steve Dotterer

20 Nov 2009 | 10:03 am

[JURIST] A judge for the US Court of Appeals for the Ninth Circuit [official website] on Thursday ordered [text, PDF] the director of the Administrative Office of the US Courts (AO) [official website] to provide health benefits to the same-sex spouse of a federal employee. Karen Golinski, the federal court employee who sued for the benefits, was married in California during the six-month period

Civil Negotiation and Mediation
What We Can Learn From Law Students

26 Oct 2009 | 5:37 pm

The American Bar Association, Law Student Division, hosts a variety of negotiation tournaments for law students. I spent a Saturday afternoon recently as a judge of an early round of the in-school competition at UC-Hastings College of Law. The students are being taught that the outcome of a negotiation is successful when the settlement:• Is better than the best alternative to a negotiated agreement (with this party)• Satisfies the interests of: the client – very well the other side – acceptably (enough for them to agree and follow through) third parties – tolerably (so they won't…
Summer Reads: Negotiation and Mediation

3 Aug 2009 | 5:24 pm

I couldn't let summer pass by completely without making a list of books to read. If you’re headed for vacation, here are some ideas for books to take along.Rene-Marc Mangin, Minds in Motion. Rene-Marc, a mediator, business consultant, and college professor, goes waaay beyond body language to discuss the nonverbals of subliminal influence.Andrew Little, Making Money Talk. Andy, a North Carolina mediator, puts mediations that are based on money (as opposed to relationships) into perspective. Learn how to make your offer convey the information you want.Linda Babcock & Sara Laschever, Ask…
How to Start a Successful Negotiation

25 Jul 2009 | 9:04 am

Social psychologists point to mounds of research to prove that likeability is a major component of persuasion (e.g., Cialdini, The Psychology of Influence). Management professors invoke research to show that civility is important to closing the deal (e.g., Conger, Winning ‘Em Over). Legal scholars cite multiple studies to prove that building rapport is the most important initial phase of a negotiation (e.g., Craver, Effective Legal Negotiation and Settlement). If you think about it, even our grandmothers knew this: “You get more with honey than with vinegar.”First impressions count and…

The Volokh Conspiracy
Climate Scientists, Unfiltered

Jonathan H. Adler

20 Nov 2009 | 1:48 pm

Someone hacked into the computers at the University of East Anglia Climate Research Unit, downloaded various files and e-mails posted on the web. Now the climate blogosphere is all atwitter over whether the resulting disclosures are a scandal or much ado about nothing. Excerpts and reactions from Roger Pielke Jr., Real Climate, Climate Audit, Watts Up With That, James Delingpole, and Island of Doubt. Copyright © 2009 This feed is for personal, non-commercial use only. The use of this feed on other websites breaches copyright. If this content is not in your news reader, it makes the page…
Originalism in the American Mind

Nathaniel Persily, guest-blogging

20 Nov 2009 | 1:30 pm

(coauthored with Stephen Ansolabehere and crossposted) Upon the initiative of my colleague Jamal Greene who has been writing about the popularity of originalism, our July survey included several questions concerning judicial methodology. As cautious as we might be generally about measuring opinion on constitutional questions, our concerns about question wording, issue complexity, and non-salience are heightened in this context. Nevertheless, recognizing those limitations, we sought to examine attitudes on several questions concerning interpretive methodology that other polling firms and…
Michael McConnell v. Martin Flaherty on Whether the Pay Czar’s Appointment Violates the Appointments Clause

Eugene Volokh

20 Nov 2009 | 11:16 am

An online debate at the Federalist Society site — a fascinating subject, and two first-rate debaters. Check it out; here’s the summary (paragraph breaks added): Under the statute authorizing the Troubled Assets Relief Program, Congress authorized the Secretary of the Treasury to “require each TARP recipient to meet appropriate standards for executive compensation.” By emergency rule promulgated without notice and comment, Secretary Geithner created the position of “Special Master for Compensation” or Pay Czar, and named Kenneth Feinberg to this position. In late October, Mr.

Balkinization
Originalism in the American Mind

Nate Persily

20 Nov 2009 | 1:32 pm

(coauthored with Stephen Ansolabehere and crossposted) Upon the initiative of my colleague Jamal Greene who has been writing about the popularity of originalism, our July survey included several questions concerning judicial methodology. As cautious as we might be generally about measuring opinion on constitutional questions, our concerns about question wording, issue complexity, and non-salience are heightened in this context. Nevertheless, recognizing those limitations, we sought to examine attitudes on several questions concerning interpretive methodology that other polling firms and…
Why Jack Balkin is Disgusting

Andrew Koppelman

19 Nov 2009 | 12:01 pm

Here.
Assessing Algorithmic Authority

Frank Pasquale

18 Nov 2009 | 8:51 am

Clay Shirky has recently written "A Speculative Post on the Idea of Algorithmic Authority," based on a talk at Yale's recent conference on Journalism & The New Media Ecology. Shirky notes that "people trust new classes of aggregators and filters, whether Google or Twitter or Wikipedia (in its ‘breaking news’ mode)," and calls this trend "algorithmic authority." Shirky's ideas about authority have many interesting implications for legal scholars. They also lead me to worry that the same types of opacity that infected our financial system may increasingly influence our public sphere.Shirky…

Althouse
November sunset.

Ann Althouse

20 Nov 2009 | 8:08 pm
"After work I would race back home, not even eat or take a shower, and just go back to the computer for fear of losing whatever inspiration I had."

Ann Althouse

20 Nov 2009 | 7:32 pm

Sweet success for Adam Young.We're listening to "Fireflies," here.
At the Things Looked At/Things Consumed Café...

Ann Althouse

20 Nov 2009 | 4:16 pm

... you can make up your own mind.(Photos taken today at David Bacco Chocolates, where Meade had the Mayan and I had the White Violet.)

Concurring Opinions
Privacy and Tattletales

Kaimipono D. Wenger

20 Nov 2009 | 6:51 pm

What happens when a commenter’s privacy expectations collide with a would-be tattletale? This recent news story raises that question, with some interesting facts. The story began when a pseudonymous commenter stopped by the St. Louis Post-Dispatch site and left a vulgar comment in the reader commentary section. The site admin deleted the comment, and the commenter re-posted it. At this point, the site admin decided to do some basic sleuthing. He traced the commenter’s IP address to a local school, and then he alerted the school (which turned out to be the commenter’s…
Ricci: Color-Blind Standards in a Race Conscious Society?

Michael Zimmer

20 Nov 2009 | 7:49 am

While the Court’s decision in Ricci v. DeStefano focused mostly on disparate impact law, much of the subsequent discussion has focused on the threshold finding that the City of New Haven’s decision not to use the test scores to promote firefighters was, as a matter of law, disparate treatment discrimination against some white firefighters who would be promoted if the test scores were used. Recent events suggest that the issues raised in those discussion may have to be decided since African-American testtakers have now challenged the use of the test scores as both disparate treatment and…
Negligent Corpse Mishandling

Gerard Magliocca

20 Nov 2009 | 5:11 am

One of my favorite exotic torts (especially as we reach the end of the semester) is the negligent mishandling of corpses. This cause of action constitutes an exception to the principle that recovery for the negligent infliction of emotional distress is limited to those who observe an accident in which someone close to them is injured or killed. Under the Restatement (Second): ”One who intentionally, recklessly or negligently removes, withholds, mutilates or operates upon the body of a dead person or prevents its proper interment or cremation is subject to liability to a member of…

The Becker-Posner Blog
Will We Go the Way of Japan?--Posner

Richard Posner

15 Nov 2009 | 3:41 pm

Japan spent the 1990s unsuccessfully trying to recover from a collapse of the Japanese banking industry caused by the bursting of a housing bubble, despite aggressive monetary and fiscal policies. As a result of those policies, Japanese national debt soared, but was financed mainly internally because of the very high Japanese personal savings rate. With its large surplus of exports over inputs, moreover, Japan accumulated dollars (and other currencies), which also reduced the debt burden. Interest rates remained very low, in part because of chronic deflation. The low interest rates stimulated…
Will We Go the Way of Japan? No, Unless US Government Policies Discourage Growth-Becker

Gary Becker

15 Nov 2009 | 2:32 pm

Japan has had a very slow rate of growth in its GDP since 1991, averaging just a little over 1 percent. Given this slow growth, and the government's continued failed efforts to prop up their economy by running large fiscal deficits, the ratio of government debt to its GDP has risen from only about 50% in 1995 to by far the highest ratio in the developed world, at about 170% in 2008. Estimates indicate that it could rise to over 200% by next year as the budget continues to spill red ink, and may grow even much further during the next decade. Such a large debt ratio has been manageable so far…
Productivity and Jobs-Becker

Gary Becker

8 Nov 2009 | 6:03 pm

Last week two pieces of news about the American economy were disclosed, with important implications for where the economy is going. On Thursday, the Labor Department reported that during the third quarter of 2009, productivity jumped at the remarkable annual rate of 9½%. On Friday, the Labor Department also reported that the October unemployment rate in the United States increased to over 10% for the first time in more than 25 years. The productivity numbers were not entirely ignored, but were on the inside pages of the Financial Times, Wall Street Journal, and most other newspapers. By…

The University of Chicago Law School Faculty Blog
Audio: Epstein on Bilski

UChicagoLaw

20 Nov 2009 | 8:23 am

Continuing with today's Epstein/Fed Soc theme, the Federalist Society has posted a recording of Prof. Epstein discussing Bilski v. Kappos. The SCOTUS heard oral argument in the case on November 9. According to the Fed Soc site,The issue in this case is whether a "process" must be tied to a particular machine or apparatus or transform a particular article into a different state or thing in order to be eligible for patenting under 35 U.S.C. § 101.You can download the podcast here.
Video: Richard Epstein on the Redistribution of Wealth

UChicagoLaw

20 Nov 2009 | 8:00 am

Over on the Federalist Society's YouTube Channel, they've posted an 11-part series entitled "Redistribution of Wealth," recorded at the 2009 National Lawyers Convention on Thursday, November 12, 2009. Our own Richard Epstein was one of the discussants.Other participants included Steve Forbes, Chairman and CEO of Forbes Inc. and Editor of Forbes Magazine; Prof. Jed Rubenfeld of Yale Law School; Andrew L. Stern, President of the Service Employees International Union; and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit as the moderator.
Student Blogger - Think of the Consequences

Chuck Baxter

19 Nov 2009 | 12:36 pm

Imagine you are the newly appointed director of the Centers for Disease Control. You are reviewing a report that suggests that a new vaccine is likely to prevent thousands of deaths from an impending outbreak of a new viral epidemic. However, vaccines like this one have had problems in the past, causing many recipients to get severely ill. You call your two most trusted advisors, Ben and Kent, into your office and explain your problem, and say, “Look, fellas, I’m not going to play politics here. I want to do the right thing.” Ben quickly chimes in, “This is an easy one. You only need…

Sui Generis-a New York Law Blog
Is cloud computing really less secure than the status quo?

NBlack

16 Nov 2009 | 7:30 am

This week's Daily Record column is entitled "Is cloud computing really less secure than the status quo?" A pdf of the article can be found hereand my past Daily Record articles can be accessed here.Is cloud computing really less secure than the status quo?Cloud computing, defined at Webopedia.com as the “sharing [of] computing resources rather than having local servers or personal devices to handle applications,” is a buzzword that has many lawyers up in arms. For an even better description of cloud computing, watch this Common Craft video online at…
Does Cloud Computing Compromise Clients?

NBlack

9 Nov 2009 | 8:49 am

This week's Daily Record column is entitled "Does cloud computing compromise clients?" A pdf of the article can be found hereand my past Daily Record articles can be accessed here.Does cloud computing compromise clients?I predict that within about two to three years, lawyers in most jurisdictions will communicate and collaborate with clients using some type of an encrypted network. A number of states, including Massachusetts and Nevada, already have passed laws or regulations requiring certain types of confidential data to be sent electronically only via encrypted communications. More laws of…
Tricks for efficient online interaction

NBlack

2 Nov 2009 | 1:30 pm

This week's Daily Record column is entitled "Tricks for efficient online interaction" A pdf of the article can be found here and my past Daily Record articles can be accessed here.Tricks for efficient online interactionMany lawyers understand the importance of networking, but let’s face it — running a law practice takes time and no one ever seems to have enough of it. In fact, the lack of time is one of the main reasons lawyers offer as an excuse to avoid online networking. If you use the right timesaving tools, however, you will be able to streamline your online networking experience, so…

Brian Leiter's Law School Reports
Sign of the Times: 66% Increase in Applications for Federal Clerkships

Brian Leiter

20 Nov 2009 | 12:08 pm

More here.
What the "Super Lawyer" Ranking of Law Schools Would Look Like...

Brian Leiter

19 Nov 2009 | 8:01 am

...if the editors had not been drinking theThomas Cooley kool aid that rewards big schools for being, well, big. Amazingly, they produced a list of schools that graduated the most "super lawyers" without making any effort to take account of...
A JD/PhD in Philosophy, Part II

Brian Leiter

18 Nov 2009 | 6:56 pm

Following up on the earlier item, another question.

Res Ipsa Blog
Texas Bar Results Posted; Texas Tech Takes Top Spot

Benson Varghese

5 Nov 2009 | 2:09 pm

The Texas Bar Exam results for the July 2009 exam were posted today. This year, Texas Tech School of Law had the highest percentage of students who passed the Bar Exam on their first attempt. Over 94% of the Texas Tech law grads who sat for the exam for the first time this July passed the exam. This brings the four-year average to 89.6% for Texas Tech. Overall, the average passage rate for first-time July examinees from Texas schools was 92% for the year, and 90% over the last four years. This year the average passage rate for the public schools in Texas is 87.4%. (Houston, Texas Tech,…
Ten Tips to Obtain the Perfect Letter of Recommendation

Benson Varghese

13 Oct 2009 | 5:38 am

A good letter of recommendation is one that shows the reader that the recommender knows you personally, is familiar with your work, and lists specific reasons why you are a suitable candidate for the position or award for which you are applying. As the requester of a letter of recommendation, your job is to make the letter-writing process as effortless as possible. The following ten tips will help ensure you receive the best possible letter of recommendation: Be sure to select someone knows you well and is familiar with your work. Ask the potential recommender if they are willing, and have…
Professor Brian Shannon Tops Shortlist of Candidates for Dean of Texas Tech School of Law

Benson Varghese

2 Oct 2009 | 5:04 am

The Dean Search Committee at Texas Tech School of Law announced this week that it is inviting three candidates to on-campus interviews with the faculty, students, and members of the local bar association. Professor Brian Shannon (Texas Tech School of Law; Contracts, Law & Psychiatry, Property, and Criminal Law) will be the first on-campus interviewee. Professor Shannon has been a favorite among students and alumni alike, who believe that Professor Shannon’s experience as Associate Dean, his connections in the local and regional legal communities, and his academic publications make him…

Conglomerate
An SSRN for teaching materials?

Erik Gerding

20 Nov 2009 | 11:47 am

Open source and peer production ideas can also improve law teaching. There have been some very helpful trends already in this direction. Many legal scholars post articles on teaching and even some suggested exercises on SSRN. Larry Cunningham (GW) edits the SSRN 'Law Educator' e-Journal. In addition, there has been some sharing of syllabi on the AALS New Law Profess listserv. It might be time to think about a separate non-commercial website devoted just to sharing teaching materials. SSRN is great, but the disadvantages are that teaching materials can get lost in the mass of scholarly…
Moot court for transactional law

Erik Gerding

20 Nov 2009 | 11:09 am

Business law professors can learn a lot about teaching from our colleagues in trial practice. Last week, I mentioned how Therese Maynard (Loyola-LA) has developed a Business Planning simulation course for over 60 students. She uses practitioners as co-teachers using Trial Practice courses as a model for the course. Karl Okamoto (Drexel) is also borrowing from litigation courses. Drexel is hosting the first "Transactional Lawyering Meet" for law students on March 4-5, 2010. Here is a link to what looks like a promising adaption of moot court to transactional law. I think some…
A Wiki for Contracts: Transactional Lawyers Wanted

Erik Gerding

20 Nov 2009 | 8:40 am

Some of my previous posts explored the implications of the Open Source movement for financial regulation. Other legal scholars in the corporate field are taking similar ideas on peer production and collaboration in provocative directions. George Triantis (Harvard) has set up a "Contracts Wiki" to allow transactional attorneys to collaborate and design better agreements. The theory is if peer production works in software (like Linux), it should work for transactional documents too. They are just different kinds of code. This project is not only an interesting scholarly endeavor, it may…

China Esquire
weil gotshal even more active in hong kong

Thomas Chow

27 Oct 2009 | 5:17 pm

Just saw this article in Legal Week about Weil Gotshal poaching 2 corporate partners in Hong Kong. Seems like the perfect time to pick up some more partner level attorneys: when the economy is down, but supposedly getting better. Article after the jump. Weil Gotshal & Manges has boosted its Asia practice with a double hire from Simmons & Simmons in Hong Kong. Henry Ong has joined Weil’s Hong Kong office as a partner along with Jasson Han, who joins as a partner-level senior consultant, the same title he held at Simmons. Ong’s practice focuses on M&A and technology,…
give2asia philippines disaster assistance call transcript

Thomas Chow

21 Oct 2009 | 11:16 am

For all of you who weren’t able to attend the Give2Asia call about disaster response in the Philippines earlier this week, Give2Asia actually released a transcript of the conference call that I thought might be of interest. You can download a copy of it here. Enjoy!
updated twitter feed username

Thomas Chow

19 Oct 2009 | 11:26 am

Some quick updates for everyone. First, I decided to update my twitter account username. Chinaesq is shorter, but since my China Blog is China Esquire, I decided to go with the full name. Please let me know if you think its a bummer idea. http://twitter.com/ChinaEsq Please update accordingly. Hopefully those following will get it updated automatically. Second, I will be using twitter a lot more actively since I can still give my thoughts on a wider variety of matters than putting full posts together. So if you follow the blog, I encourage you to follow the twitter too! UPDATE: I am…

Ms. JD - Changing the Face of the Legal Profession
Ms. JD Weekly Roundup: Week Ending November 20, 2009

Ms. JD Weekly Roundup

20 Nov 2009 | 6:55 am

Half AmLaw 100 Firms Say They'll Abandon Lockstep. Now What? U.S. Ranks 31st in Global Gender Gap Rankings ABA Lobbies to Let Unemployed Law School Grads Convert Private Student Loans to Federal Ones Anker Named 2009 Woman of Justice EWLA Insists on Naming Women for Top EU Positions Sidley Austin LLP Partner Virginia A. Seitz Honored with a 2009 PAR Flex Success Award read more
Ms. JD Weekly Roundup: Week Ending November 13, 209

Ms. JD Weekly Roundup

13 Nov 2009 | 4:14 am

U.S. Lags in Global Gender Gap Ranking Attention Law Students: ABA Proposing Loan Relief Law School As An Investment Why Is Feminism Still So Divisive? The GOP's Women Problem read more
Do we have a pipeline problem?

Peg

12 Nov 2009 | 8:11 am

After I posted yesterday about the NAWL survey, I couldn't sleep. Despite what I suggested in my original post, I am concerned about the findings, actually deeply concerned (well, except about the rainmaking finding). That concern leads me to this question: Do we have a pipeline problem? One of the main premises upon which the NAWL report is based is that for more than two decades women have graduated from law schools and started careers in private practice at about the same rate as men. Yet, we still haven't achieved anywhere close to parity with men at the tops of private practice,…

Biker and Motorcycle Lawyer Blog / Blawg
Steppenwolf - Born to be Wild

Norman Gregory Fernandez, Esq.

14 Nov 2009 | 12:18 pm

The consummate Biker Song of all time! I do not know about you, but this song sure does get my dander up for a ride! California Motorcycle Accident Attorney and Biker LawyerOriginal post blogged on b2evolution.
Motorcyclist dies during motorcycle stunt; This did not have to happen

Norman Gregory Fernandez, Esq.

13 Nov 2009 | 8:41 am

VICTORVILLE - California A motorcyclist died Monday afternoon (11/9/09) after he lost control while doing a wheelie in a residential neighborhood and slammed into a tree in front of a home, officials said. The rider was westbound in the 16200 block of Nisqualli Road around 1 p.m. when he hit a curb, lost control and veered in and out of the street, according to witnesses and Sgt. John Emmens, of the San Bernardino County Sheriff’s Victorville station. Ramiro Barbosa Jr. said he saw the rider pop a wheelie at Fourth Avenue and Nisqualli Road. He attempted a stand-up-wheelie but failed.
Police to hold DUI Checkpoints in Stockton, California

Norman Gregory Fernandez, Esq.

13 Nov 2009 | 8:27 am

STOCKTON - California The Police Department will hold checkpoints tonight and Saturday to catch drunken drivers. The checkpoint starts at 6 p.m. and continues until 2 a.m. It will be set up in the area of Roosevelt Street and Wilson Way. On Saturday, the checkpoint will be at March Lane and Holiday Drive during the same hours. Staffing at the checkpoints is paid for by a grant from the state Office of Traffic Safety. Police earn grant for traffic patrols STOCKTON - California The Police Department again this year has been awarded a grant for special traffic enforcement, which will be carried…

licensinghandbook.com
GPL, WordPress and Themes

Jeff

16 Nov 2009 | 6:32 am

I saw an intriguing post the other day by Jennifer Schiffer on WordPress, themes and the GPL. She linked to a video of Matt Mullenweg (one of WordPress’ lead developers) who was talking about why WordPress was a GPL product (short answer: they didn’t really have a choice because WP is based on b2, which was GPL) and, more specifically, was talking about why themes and plugins are also then GPL. The truth of the matter is that the GPLv3 is a very restrictive license, in as much as it’s also a harbinger of freedom. The GPL was written in a way to specifically retain the…
Who can audit?

Jeff

9 Nov 2009 | 6:32 am

I posted the question on Twitter the other day: “How does the SPA have the authority to audit software license use? In thousands of licenses I’ve never given them that right.” I was looking for some insight that I might have missed. In the world of contracts, your license actually will specifically state who has the ability to audit your license usage (if they have the right at all). And in the world of law, the term “standing” is used to show who actually is allowed to raise a particular issue (via the courts, etc). So the SPA/BSA/SIIA (SIIA is their…
Software Licensing Handbook now available as an eBook

Jeff

6 Nov 2009 | 6:32 am

I know, I know… welcome to the 20th Century, Jeff. I was waiting for my publishing “house”, Lulu, to allow for an eBook edition, and we’ve finally got it. So, if you have been waiting for the eBook version of the Software Licensing Handbook (I’m matching Amazon’s price for the paper version, so get it cheaply now), you can get it here. The Licensing Handbook Blog is the companion site to the Software Licensing Handbook. Covering licensing topics on a regular basis, Jeffrey Gordon attempts to offer advice, add humor and sometimes even a bit of wit to a…

The Inspired Solo
Rule #7: Manage Expectations — Yours and Others (10 Rules for Successfully Managing Your Time in Social Networking Activities)

Sheryl

19 Nov 2009 | 12:59 pm

This entry is part 8 of 8 in the series Ten Rules for Successfully Managing Your Time in Social Networking ActivitiesIs the clock running out on your social media use? Introduction: Marketing Through Social Networking Without the Insanity Social networking: you know you oughtta do it. But the time it takes is enough to strike fear into the hearts of even the most productive solos. How can you do all this networking/Twitter/Facebook stuff and still run your business? We’re looking at this topic in depth in our “Ten Rules to Successfully Manage Your Time in Social Networking…
Rule #6: Take Advantage of Tools to Automate & Streamline (10 Rules to Successfully Manage Your Time in Social Networking Activities)

Sheryl

18 Nov 2009 | 12:19 pm

This entry is part 6 of 8 in the series Ten Rules for Successfully Managing Your Time in Social Networking ActivitiesIs the clock running out on your social media use? Introduction: Marketing Through Social Networking Without the Insanity Social networking: you know you oughtta do it. But the time it takes is enough to strike fear into the hearts of even the most productive solos. How can you do all this networking/Twitter/Facebook stuff and still run your business? We’re looking at this topic in depth in our “Ten Rules to Successfully Manage Your Time in Social Networking…
Rule #5: Stop Multitasking and Embrace Mindfulness (10 Rules to Successfully Manage Your Time in Social Networking Activities)

Sheryl

17 Nov 2009 | 3:39 pm

This entry is part 6 of 8 in the series Ten Rules for Successfully Managing Your Time in Social Networking ActivitiesIs the clock running out on your social media use? Introduction: Marketing Through Social Networking Without the Insanity Social networking: you know you oughtta do it. But the time it takes is enough to strike fear into the hearts of even the most productive solos. How can you do all this networking/Twitter/Facebook stuff and still run your business? We’re looking at this topic in depth in our “Ten Rules to Successfully Manage Your Time in Social Networking…

PT-LawMom
Weekly MILP Roundup #124

ptlawmom

16 Nov 2009 | 7:02 pm

Sorry I’m so very late with this. Completely forgot – thanks to Butterflyfish for the reminder!!! The Weekly MILP (Moms In the Legal Profession) Roundup** is hosted on a rotating basis at the PT-LawMom, Attorney Work Product and A Little Fish in Law School blogs and is usually posted no later than Monday morning. [...]
Sunday Stealing: Over the Top Meme

ptlawmom

15 Nov 2009 | 8:17 am

Sunday Stealing: The Over the Top Meme Part One – Describe: Your hair? Thick, brown, shoulder-length Your mother? High-strung Your father? Knowledgeable Your favorite food? Chocolate Your dream last night? None Your favorite drink? Hot tea Your dream/goal? I have kind of lost my goals a bit lately. I’d like to be put in a managerial position at work and take a [...]
Bliss

ptlawmom

13 Nov 2009 | 6:09 am

Still living in happy fiancee land. Have been plotting and planning with my Maid of Honor and am excited to go see a potential reception site with Mr. V this weekend. We looked at one last weekend but I’m hopeful that the one we see this weekend will be the [...]

Durham-in-Wonderland
"Alleged"

KC Johnson

9 Nov 2009 | 10:43 am

The media generally does not withhold information as a matter of official policy. But, to my knowledge, every major newspaper in the country has an official policy of not reporting the names of accusers in rape or sexual assault cases. (I’m not aware of any paper that has a policy of refusing to report the name of suspects in sexual assault cases.) Though this practice stems from good intentions (a belief that the reporting of accusers’ names will make some real victims unlikely to report the crime), the net effect subtly shades reporting in favor of the suspect’s guilt. With that…
News & Notes

KC Johnson

1 Nov 2009 | 9:01 pm

Few journalists performed as poorly in the lacrosse case as Samiha Khanna. Virtually every statement in her N&O interview with false accuser Crystal Mangum turned out to be wrong. Khanna seemed not to have even bothered to do a basic reporting task—checking her interviewee’s name in the N&O database—which would have uncovered not only Mangum’s criminal conviction but would have proved that Mangum had lied to Khanna in claiming that she was a newcomer to the world of exotic dancing. Perhaps most problematically, Khanna conceded that she was approaching the case through a…
In the Can

KC Johnson

25 Oct 2009 | 9:01 pm

I recently received an email from DIW reader and commenter ES Class of 1990. He reports:I got a fundraising call from a Duke Freshman this evening. This is a tried and true Duke event, in which living groups raise money for Duke and get a slice for their group or cause...I have done it myself. It is called “Dialing for Dollars.”When I informed the polite young lady that I would not contribute to the university in any financial way until there had been an accounting of the behavior of the Gang of 88, she pointed out to me that Brodhead had in fact apologized and that the video was on…

Legal Profession Blog
Fairness Not An Unconstitutional Burden

Legal Profession

20 Nov 2009 | 2:38 pm

The Alaska Supreme Court has held that a suit against a law firm based on allegations of improper activities in pursuing debt-collection litigation on behalf of a client should not have been dismissed: Robin Pepper sued an Anchorage debt collection...
Too Late To Sue The Lawyer

Legal Profession

20 Nov 2009 | 9:17 am

The Arkansas Supreme Court affirmed a circuit court order dismissing a legal malpractice suit on statute of limitations grounds. The client retained the lawyer to advise her concerning a prenuptial agreement, which she executed on May 16, 2003. The litigation...
Balance Of Interests Favors Access To Documents

Legal Profession

20 Nov 2009 | 6:47 am

The Iowa Supreme Court has affirmed a district court decision to grant a motion to intervene and access to discovery in a case in which Canadian plaintiffs sought documents and data produced by Microsoft in the state court litigation. The...

Legalethics.com
Adobe Flash Plug-In Creates Tracking Issues

prfhricik

17 Nov 2009 | 2:32 pm

An article in Wired Magazine reports that half of the Internet’s top websites use a little known feature in the Flash plug-in that allows for tracking of browsing activity and gathering of “private” information. Ryan Singel, You Deleted Your Cookies? Think Again (Aug. 2009).
South Carolina Issues Opinion that Impacts Linked In, Plaxo, Avvo and related services

prfhricik

26 Oct 2009 | 6:56 am

The South Carolina bar association addressed a hypothetical webside that listed attorneys without their involvement, and allows “clients” and others to “rate” the attorney. The bar association held that a lawyer could claim his listing in this service, but that all comments made about him were subject to the advertising rules. “[A]ll content in a claimed listing must conform to” the advertising rules, so held the opinion. It also basically says a laywer can’t solicit improper endorsements, and so on. Frankly, this one baffles me. I can…
Fake Anti-virus software Acts as Trojan Horse

prfhricik

20 Oct 2009 | 8:28 am

There’s an article here about criminals using “anti-virus” software to plant trojan horses that let them intercept communications, and more.

China Law Blog
Will China Create The Next Silicon Valley?

20 Nov 2009 | 4:28 am

Whenever I get together with tech people who have been doing business with China for a few months, they seem to throw out expressions about China like "next Silicon Valley" or "going to be even bigger than Silicon Valley." But whenever I get together with tech people who have been in China for years, they never say such things; they talk about how much China needs to change if it is ever going to have its own Silicon Valley. So which is it? Why or why not? Please weigh in.
China Negotiating Strategy. An Expert's Perspective.

19 Nov 2009 | 5:08 pm

Andrew Hupert over at the Chinese Negotiation blog did an interesting and helpful post on negotiating strategy in China in a post entitled, US-China Variation of Prisoners Dilemma -- The Factory Game. In his post, Andrew, who teaches at New York University's (NYU) Shanghai campus, discusses in detail the experiment he did with his students and the results of that experiment. More importantly, he then sets out five good lessons American businesses can learn from relating to their business negotiations with Chinese companies: What lessons can US negotiators in China draw from this exercise? 1…
China's Microsoft Case. Everyone Just Move Along.

19 Nov 2009 | 12:28 am

I have a new rule. When I get three or more emails on a topic, and at least one of them says something like the following: "Dan, I am sure you are familiar with the recent Microsoft case and already planning to blog on it, but...." I am going to blog on it even though I don't want to and even though I have nothing to say on it -- none of you better be thinking, yeah, what else is new? Yes, I have read about the China Microsoft decision. Yes, Microsoft is in my backyard. Well not literally, but even though I live in the city of Seattle and Microsoft is in the far away ex-burb of Redmond, my…

Patent Law Blog (Patently-O)
Federal Circuit Affirms EDTex Ruling that Iovate's Muscle Building Patents are Invalid

Dennis Crouch

20 Nov 2009 | 9:13 am

Iovate & University of Florida Research Foundation v. Bio-Engineered Supplements & Nutrition (BSN) (Fed. Cir. 2009) (Download 09-1018) Iovate is the exclusive licensee of UF's patented method for "enhancing muscle performance or recovery from fatigue." Pat. No. 6,100,287. The method includes the single step of administering a coposition that contains a ketoacid and either a cationic or dibasic amino acid. Eschewing their home-state courts, the patentee filed suit in the Eastern District of Texas -- alleging that BSN was selling infringing supplements. On summary…
Nil: The Value of Patents in a Major Crisis Such as an Influenza Pandemic

Dennis Crouch

19 Nov 2009 | 6:00 am

I have posted a short draft essay to SSRN that is being published in the Seton Hall Law Review as part of their annual Health Law Symposium. The overall topic of the symposium is Preparing for a Pharmaceutical Response to Pandemic Influenza. My discussion focused on the value of patent law in preparing for a health care crisis. Read the paper on SSRN. Abstract: This essay focuses on the role of patents in relation to a potential global crisis such as an influenza pandemic or other public health crisis. I argue that patent rights will be largely ignored during an epidemic and that any…
Vacatur: Judge Posner Agrees to Vacate Inequitable Conduct Holding Based on Settlement Agreement

Dennis Crouch

18 Nov 2009 | 5:20 pm

New Medium v. Barco (N.D. Ill. 2009) Seventh Circuit Appellate Judge Richard Posner heard this case sitting by designation in the Northern District of Illinois. The final judgment is interesting in relation to the Federal Circuit's recent refusal to vacate the district court's opinion after the PTO retreated in Tafas v. Dudas. In a 2008 decision, Judge Posner held New Medium's asserted patents unenforceable due to inequitable conduct during ex parte reexamination of the patents. Notably, Judge Posner found that the inventor/owner Carl Cooper had made false statements to the PTO…

Law of the Game
LGJ: Revenge of the Regulators

Mark Methenitis

24 Oct 2009 | 1:38 pm

This week's LGJ dissects 'ecogenerism' as it applies to regulating video games based on a new paper from Michigan State University School of Law. Read on!Disclaimer The content of this blog is not legal advice. It only constitutes commentary on legal issues, and is for educational and informational purposes only. Reading this blog, replying to its posts, or any other interaction on this site does not create an attorney-client privilege between you and the author. The opinions expressed on this site are not the opinions of The Vernon Law Group, PLLC.
LGJ: 3D Dot Game Infringement

Mark Methenitis

23 Oct 2009 | 1:41 pm

In this LGJ, I talk about the allegations of 'copyright infringement' in 3D Dot Game Heroes.Read on!Disclaimer The content of this blog is not legal advice. It only constitutes commentary on legal issues, and is for educational and informational purposes only. Reading this blog, replying to its posts, or any other interaction on this site does not create an attorney-client privilege between you and the author. The opinions expressed on this site are not the opinions of The Vernon Law Group, PLLC.
Game::Business::Law 2010 is Official

Mark Methenitis

5 Oct 2009 | 3:56 pm

I wanted to take a moment to post the following press release. Last year's event was outstanding, and I think the upcoming conference will be even better. I will be a speaker again this year, and hope to see some readers in the audience. Registration is limited, so be sure to secure a spot soon.News ReleaseRegistration for 2010 Game::Business:: Law Summit Now Open via game-business-law.com2nd Annual International Summit on the Law and Business of Video Games to be Held January 27-28, 2010 at SMUSMU/Dallas-October 5, 2009- Registration is now open for the 2010 Game::Business::Law Summit, the…

Legal Talk Network
The Controversial Terror Trial in New York

admin

19 Nov 2009 | 8:50 am

The admitted mastermind behind the 9/11 attacks, Khalid Sheikh Mohammed and four other suspects will head to New York City, blocks from Ground Zero, to face a federal trial in civilian court and it is creating quite the controversy. On Lawyer2Lawyer, co-hosts and attorneys, Bob Ambrogi and J. Craig Williams welcome Attorney Tara L. Murray, U.S. Counsel for Reprieve and Gregory S. McNeal, a visiting assistant professor of law at Penn State’s Dickinson School of Law , to discuss this controversial federal trial in a NY civilian court, the ongoing legal work in Guantanamo and ultimately…
New Show Coming! Boston University School of Law Podcast

admin

19 Nov 2009 | 8:32 am

Starting in December we’re launching a brand new show! The Boston University School of Law podcast will feature profiles on BU faculty.
How to Operate a Successful Solo Practice

admin

18 Nov 2009 | 11:44 am

In this edition of The Un-Billable Hour, host Attorney Rodney Dowell, Director of the Massachusetts Law Office Management Assistance Program, will talk about the keys to operating a successful solo practice. Rodney welcomes Attorney Carolyn Elefant, a solo and small firm attorney, blogger and author of the book, “Solo by Choice, ” to discuss the criteria attorneys should use when selecting clients, the keys to planning a successful start-up and how to develop a successful firm. Special thanks to our sponsor, AbacusLaw

Patent Baristas
UK High Court: Get Your Ducks in a Row for Entitlement of Patent Priority

Stephen Albainy-Jenei

18 Nov 2009 | 6:36 pm

In a case highlighting the importance of ensuring a correct chain of title when filing a patent application, the UK High Court addressed the issues of loss of priority due to an incomplete assignment, as well as the credibility of expert witnesses. In particular, it is important to transfer rights to interests initially owned by consultant inventors as soon as possible — especially before the declaration in respect of the claim to priority needs to be made, i.e., within 12 months of the date of filing of the priority application. See, Edwards Lifesciences AG v Cook Biotech…
Book Review Monday: Intellectual Property Rights and the Life Science Industries

Stephen Albainy-Jenei

16 Nov 2009 | 2:42 pm

I aim to shed light on the extent to which advance in the life sciences was directed by the profit motive and the availability of the patent system … and on the ways that the patent ‘institution’ evolved in response to science and to interest groups, mainly business ones, but also legal practitioners associated with business. ~ Graham Dutfield In Intellectual Property Rights and the Life Science Industries: Past, Present and Future, Graham Dutfield presents a perspective on how we got to where we are in life sciences patenting — and where we are likely headed – …
Friday IP Round-Up: Time Travel Edition

Stephen Albainy-Jenei

13 Nov 2009 | 1:31 pm

Does Patent Reform Need Congressional Action? The Coalition for Patent Fairness (CPF) has put out a memo trying to debunk what it sees as the myth that patent reform no longer requires congressional action. From CPF: “The Court’s ability to effect needed changes is limited because it is restricted by the language Congress enacted more than 50 years ago. Only Congress has the authority and the responsibility to ensure that our patent system is meeting the needs of the 21st century economy and the current need for economic growth and job creation.” (More here) Large Hadron…

Religion Clause
New Catholic, Evangelical Declaration Reaffirms Pro-Life, Traditional Marriage Agenda

Howard Friedman

20 Nov 2009 | 11:55 am

This afternoon, a coalition of 149 pro-life, Catholic, evangelical and Orthodox Christian leaders signed the 4700-word Manhattan Declaration, pledging to defend their pro-life views and their opposition to same-sex marriage. (LifeNews.) The Declaration says in part:While the whole scope of Christian moral concern, including a special concern for the poor and vulnerable, claims our attention, we are especially troubled that in our nation today the lives of the unborn, the disabled, and the elderly are severely threatened; that the institution of marriage, already buffeted by promiscuity,…
Award By Rabbinical Court Vacated Over Limit on Party's Choice of Attorney

Howard Friedman

20 Nov 2009 | 10:00 am

In Kahan v. Rosner, (NY Sup. Ct., Nov. 16, 2009), a New York trial court vacated an arbitration award in a dispute between siblings over property originally owned by their father. The award was issued by a Rabbinical Court which refused to permit one of the parties to be represented by the attorney of his choice. The parties had signed a waiver providing that they would use only Rabbinical counsel acceptable to the Rabbinical court. However the state civil court held that the right to have an attorney at an arbitration proceeding is unwaivable, and the Rabbinical court had given no reason why…
Ban On Transfer of Funds To Iraq Does Not Infringe Charity's Free Exercise

Howard Friedman

20 Nov 2009 | 4:20 am

In United States v. Islamic American Relief Agency, 2009 U.S. Dist. LEXIS 107541 (WD MO, Nov. 18, 2009), a Missouri federal district court rejected defendants' argument that their indictment for illegally transferring funds to Iraq violates the Religious Freedom Restoration Act. Defendants were charged under the International Emergency Economic Powers Act and the Iraqi Sanctions Regulations. Defendants contend that, along with IARA's donors, they "shared the common purpose of fulfilling the obligations of all Muslim's of zakat" --the duty to give charity to the destitute. The court concluded…

ICANNWatch
30 Oct 09 - Afilias deactivating .info domains

michael

20 Nov 2009 | 7:25 am
.INFO to Allocate Names to Those Who Enhance its Brand

michael

6 Nov 2009 | 8:19 am
Accountability?

michael

6 Nov 2009 | 8:16 am

Electronic Discovery Blog
Integrated systems approach reduces the cost of e-discovery

Larry Wescott

18 Nov 2009 | 4:49 pm

I had a follow-on discussion with Mark L. Moerdler, Ph.D, VP of Strategy for CA’s Information Governance business unit, on how a system integrating records information management (RIM) and e-discovery capabilities can lessen e-discovery costs. Dr. Moerdler pointed out four ways in which CA’s Records Manager cuts e-discovery expenses: 1) The implementation of a retention [...]
PSS Systems Announces the Release of Atlas Compliance Automation 2.0 for eDiscovery

Larry Wescott

9 Nov 2009 | 5:06 pm

PSS Systems is probably best known in the e-discovery community for its legal hold solutions. Over time, however, PSS Systems has built an entire suite of applications dedicated to the governance of information over its entire lifecycle, from creation to disposal. From its origins helping attorneys manage legal holds in their organizations, PSS [...]
Production of ESI on backup tapes denied where ESI ruled inaccessible and requestor fails to demonstrate good cause

Larry Wescott

4 Nov 2009 | 6:06 pm

Major Tours, Inc. v. Colorel, 2009 U.S. Dist. LEXIS 97554 (D.N.J. Oct. 20, 2009) Requestor sought e-mails from backup tapes and producers’ e-mail archives, while producer sought a protective order, claiming that the e-mails were inaccessible because of the burden and cost to retrieve them. Producer sought to limit discovery to the e-mails on [...]

LIKELIHOOD OF CONFUSION®
New trademark blog: Pittsburgh Trademark Lawyer

Ron Coleman

19 Nov 2009 | 12:05 pm

Daniel Corbett, who unlike some people does not merely have a sadly un-updated picture of his younger self but who is by all indications actually as terrifyingly youthful as the visual evidence suggests, has despite this seeming deficiency quite ably rolled out the Pittsburgh Trademark Lawyer blog. Welcome to the party, Daniel! The more the merrier. Just keep [...]
I Read Dead Peoples’ Email: UPDATE

Ron Coleman

17 Nov 2009 | 3:33 pm

Remember this item? I wrote, regarding a family’s request for access to a serviceman’s email account after his death, as follows: I say that absent a specific compelling reason to get the email information — i.e., the location of his will or the buried treasure or something like that — it should die with the man. [...]
Best of 2008: “Mourning Sonny” (November)

Ron Coleman

17 Nov 2009 | 3:33 pm

Posted on November 17th, 2008: No, not that Sonny. No, rather this: If America’s most famous variety-show-star-turned-congressman hadn’t slammed into that tree on that fatal day of downhill skiing, we’d probably never have the Sonny Bono Copyright Term Extension Act of 1998. That’s reason to mourn him right there. Fair enough — if he’d [...]

The Trademark Blog
Philip Morris v. Various Groceries Selling Cigarettes

Marty Schwimmer

18 Nov 2009 | 5:18 pm

This is a complaint Philip Morris brought against six grocery stores and ten John Does, for selling counterfeit cigarettes. What's interesting is how the Court will handle the joinder of these defendants - I did not see allegations in the complaint of any sort of connection between them (apart from the allegation that they all sell counterfeit cigarettes). Complaint Philip Morris Counterfeit
Who Is The LAWYER OF LOVE?

Marty Schwimmer

17 Nov 2009 | 11:55 am

Playboy sues divorce lawyer/former columnist/former Playboy model, for filing application for LAWYER OF LOVE (name of her Playboy column). I would assume LAWYER OF LOVE was a generic term for trademark lawyer. Defendant owns a registration for the mark LIFE'S SHORT, GET A DIVORCE. Background here. Complaint Lawyer of Love Playboy
US Polo Association v Ralph Lauren re POLO and Horses

Marty Schwimmer

16 Nov 2009 | 7:51 am

The US Polo Association and Ralph Lauren have been fighting since 1984 over logos using the word POLO and depicting horses. The background of the this dispute is set out below in the Polo Association's complaint in a new declaratory judgement action. Noting the success of the Polo Association's licensing program, I will be reaching out to the governing body of water polo, in the hopes of securing a license. I would like to update the logo, perhaps to include ponies (yes, that's a Billy Wilder reference). Complaint DJ Polo v Polo

Sentencing Law and Policy
"What Explains Persistent Racial Disproportionality in Minnesota’S Prison and Jail Populations?"

Doug B.

20 Nov 2009 | 7:02 pm

The question in the headline of this post is the title of this important new article by Professor Richard Frase. Here is the abstract: Racial disparity in prison and jail populations, measured by the ratio of black to white per...
NC Governor trying every possible means to avoid releasing certain prisoners

Doug B.

20 Nov 2009 | 12:59 pm

As detailed in this local article, which is headlined "Perdue: Lifers got no time credits; More questions arise in controversy over life-sentence inmates seeking to be released," the Governor of North Carolina is trying every possible means to avoid the...
"The Real Price of Trying KSM: Defense lawyers will inevitably create bad law"

Doug B.

20 Nov 2009 | 7:14 am

The title of this post is the headline of this provocative commentary by David Feige at Slate. Here is how it starts and ends: Sometime in the next few months, a small group of experienced criminal-defense lawyers will be assigned...

Grits for Breakfast
US Sentencing Commission hears testimony on alternatives to incarceration, reentry

Gritsforbreakfast

20 Nov 2009 | 5:44 am

Yesterday morning I attended a portion of the regional hearing in Austin of the US Sentencing Commission, in particular a panel on "Alternatives to Incarceration, Reentry, and Community Impact." Dallas District Attorney Craig Watkins was one of the panelists, and his comments were featured in coverage by the Associated Press. He opened by declaring that traditional crime fighting reacted to the offender but in the future should be proactive to prevent crime. Most prisoners are uneducated, unskilled and may have drug abuse issues, he said, so the public tends to have little sympathy for them.
Out for the morning: Sentencing coverage to come

Gritsforbreakfast

19 Nov 2009 | 7:52 am

This morning I'm headed up to the UT Law School to hear a couple of panels presenting to the US Sentencing Commission, then after lunch out to a Sentencing Conference held biennially for judges, prosecutors and probation officials by TDCJ's Community Justice Assistance Division. (See their agenda [pdf].) These continue tomorrow, so I should have coverage for you from parts of both events in the next few days.Use this post as an open thread to talk about state and federal sentencing issues or whatever other criminal justice topics are on your mind until I find time to get back on the blog.
Should prosectuors, public defenders, cops be required to 'resign to run'?

Gritsforbreakfast

19 Nov 2009 | 5:08 am

Should county employees be required to resign before they run for public office? Dallas District Attorney Craig Watkins initiated the debate by implementing a resign-to-run policy in his office six months ago, reports Kevin Krause at the Dallas News ("Dallas County public defender's proposed 'resign to run' policy has judicial candidates in office crying foul," Nov. 19):to eliminate influence peddling at the Frank Crowleycriminal courthouse downtown.Watkins said that before he was DA, he remembers seeing defense attorneys negotiating plea deals with prosecutors who were judge candidates and…

Blonde Justice
Midterm Madness

Blonde Justice

10 Nov 2009 | 6:19 pm

When I got to my office this morning (early, I might add), I already had two messages from one client who was scheduled for court today. I already had her file on my desk, so I was pretty familiar with it, and I was prepared to see her in court.I've only met this client once before, right after she was arrested. At the time, she was quite angry. But sometimes clients are, understandably, most angry right after they're arrested, but then they calm down a little over time.If I understood her right (and she's a little hard to understand, she's an angry mumbler, with a lot of…
TV, my great escape

Blonde Justice

4 Nov 2009 | 7:00 pm

1. I was thinking of quitting Greek at the end of the season like I quit The Secret Life. I was disappointed when Jordan moved away. What happened there? Rusty & Jordan were so cute together and then she just moves away? But, after last week's episode...(it's not a spoiler if it aired more than a week ago)...with the Casey & Cappy kiss at the end, Greek, I know I can't quit you. I haven't even watched the finale yet because I'm looking forward to savoring it.2. Best show ever? Man Shops Globe. I can't think of anything that better…
Can You Hear Me Now?

Blonde Justice

1 Nov 2009 | 4:44 pm

Ok, people who couldn't get Blonde Justice working before... Can you see it now? If so, much thanks for my friend windypundit. If not, well, we're going to have more work to do.

The Virtual Chase
Supreme Court Halts Expansion of False Claims Act Liability

(24 Jun) The U.S. Supreme Court recently made plain that whistleblowers' allegations will be scrutinized more closely.
DOJ Is Aggressively Enforcing Foreign Corrupt Practices Act

(24 Jun) Enforcement of the Foreign Corrupt Practices Act (FCPA) is increasing dramatically. Recent Department of Justice (DOJ) actions demonstrate that it is imperative that companies maintain robust compliance programs or risk criminal exposure and substantial penalties.

Drug and Device Law
Latest Class Action Decision Shows That The Battles Were Important

Beck/Herrmann

19 Nov 2009 | 10:51 am

We aren’t the first to note the latest class action denial in the prescription medical product liability field, In re Panacryl Sutures Products Liability Cases, No. 5:08-MD-1959-BO, slip op. (E.D.N.C. Nov. 13, 2009). 360 (subscription only) beat us to the punch the other day. But just because we aren’t first, doesn’t mean there’s nothing in Panacryl worth blogging about.We view decisions like Panacryl as vindication of all the fuss we made for more than two years about the ALI’s Principles of Aggregate Litigation project.We’ve pointed out before – and consider it a significant…
There's No Claim for Negligent Misrepresentation on the FDA Either

Beck/Herrmann

18 Nov 2009 | 5:11 am

We had to comment on the most intriguing case of Hughes v. Boston Scientific Corp., 2009 WL 3817586 (S.D. Miss. Nov. 12, 2009). Hughes involved a PMA device, something called a "HydroTherm Ablator," that allegedly malfunctioned and injured the plaintiff. Thereafter, the defendant (1) changed its adverse event reporting algorithm in response to FDA concerns, and (2) still later, instituted a Class II recall of the device.Faced with the inevitable Riegel-based preemption motion, the plaintiff did two interesting things: First, she tried to turn what was basically a warning-based cause of action…
Doing Good By Doing Well

Beck/Herrmann

17 Nov 2009 | 5:00 am

We just love to see our victories put to good use by other lawyers in later cases.So we got a big kick out of Pustejovsky v. Wyeth, No. 4:07-CV-103-Y, 2009 U.S. Dist. LEXIS 101513 (N.D. Tex. Sept. 4, 2009).We didn't get a big kick out of the facts, since we had nothing to do with them: Dr. Collini prescribed generic Reglan to treat Pustejovsky's acid reflux. After using the drug for three years, Pustejovsky developed the movement disorder "tardive dyskinesia." She filed a product liability complaint against assorted manufacturers of generic Reglan.In earlier decisions, the trial court denied…

Capital Defense Weekly
Texecution

cdw

19 Nov 2009 | 7:21 pm

Governor Perry denied clemency tonight, despite the recommendation of his Board of Pardons and Parole. Texas, subsequently, executed Robert Lee Thompson for his role as the wheelman in a fatal Houston store holdup. The actual killer got life. Of course if Mr. Thompson had retained private counsel for his trial he’d still be alive as no one in Harris County has been sentenced to death, nonetheless executed, in the modern era with a private bar attorney. Via the wires: Thompson, 34, was an accomplice to triggerman Sammy Butler who gunned down 29-year-old store clerk Mansoor Bhai Rahim…
One to watch: commutation recommended in Texas

cdw

18 Nov 2009 | 8:32 pm

The Texas Board of Pardon and Paroles on Thursday recommended a commutation to a life sentence for Robert Thompson. Thompson, 34, was sentenced to die in a law-of-parties case stemming from the December 1996 slaying of clerk Mansoor Rahim during a robbery at a Braeswood Boulevard convenience store. Thompson’s lawyer, Pat McCann, argued that the fatal shot was fired by his client’s accomplice, Sammy Butler. Under Texas’ law of parties, both robbers were eligible for the death penalty. But Butler, the gunman, was sentenced to life in prison. The pardon board’s action…
Texecution

cdw

18 Nov 2009 | 8:16 pm

In a case that many thought would get a stay, Texas Wednesday killed Danielle Simpson. From the wires: anielle Simpson, 30, had decided this summer to drop all his appeals in the case, effectively volunteering himself for execution, but recently changed his mind and allowed his lawyers to seek a suspension. Simpson was declared dead at 6:32 pm, nine minutes after receiving a lethal injection, according to Texas Department of Criminal Justice official Michelle Lyons. Simpson, age 20 at the time of the murder in 2000, his wife Jennifer, 17, and his brother traveled to the home of Geraldine…

Crime and Consequences Blog
Deathworthiness in Capital Case Charging

Kent Scheidegger

20 Nov 2009 | 4:03 pm

Lauren's blog scan today notes an article by Jules Epstein proposing a "metric" for prosecutors' decision to seek the death penalty. In the article, we find that he is not actually proposed an objective measurement, as one might think from the term "metric." His main point seems to be that prosecutors should assess the "deathworthiness" of the case as the main issue in deciding whether to seek the death penalty. Well, that is largely what most offices have been doing the whole time. Epstein criticizes a couple of counties where, for a time, district attorneys were seeking the death…
Blog Scan

Lauren Altdoerffer

20 Nov 2009 | 2:29 pm

New Jersey Parole Board Using Polygraphs on Sex Offenders: Sex Crimes blogger Corey Rayburn Yung posts on New Jersey's success in using polygraph tests to detect and prevent the parole violations of sex offenders. An article in the New Jersey Star-Ledger, by Chris Megerian, reports on an internal parole board study suggesting that New Jersey's polygraph policy increases the ability of parole officers to detect parolees' failure to comply with conditions of supervision before they can escalate to behaviors warranting new arrest. So far, the state has conducted only 400 tests,…
News Scan

CJLF Staff

20 Nov 2009 | 10:17 am

Strive For Unbiased DNA Database: Guardian commentary writer, Gavin Phillipson, discusses the incomplete national DNA database and his solution to make solving a crime more than just chance. DNA evidence is an essential tool to solving crimes, but if a person is not in a DNA database, the evidence will not lead authorities to them. The British Government is now proposing to keep the the DNA of those never proven guilty for only six years. Then they will dump it. Phillipson does not see the government's proposal as a workable solution. He believes instead of…

CLEWS Your Home for Historic True Crime
Another Father Robinson book

Laura James

18 Nov 2009 | 8:07 am

True crime author Randall Radic has a unique perspective: he was once Pastor Randall Radic, and subsequently he was an inmate of the State of California. The Seattle Times has featured the author's curious story. His latest true crime book takes on the case of Father Gerald Robinson, among others. The book is Gone to Hell: True Crimes of America's Clergy. The author was recently interviewed on Blog Talk Radio by Bishop Gregory Godsey. It may well have been a tougher interview than the author expected. The author alas must spend quite a lot of time discussing his own…
In the brilliant category, Jack Olsen

Laura James

17 Nov 2009 | 9:58 am

So this summer I found a copy of Son: A Psychopath and his Victims [Amazon; B&N] by Jack Olsen for a measly quarter. I vaguelly recalled reading it. Son was on my first draft of my list of Ten Best True Crime Books Ever. But I wrote that long ago. I haven't read a Jack Olsen book since I was like 15, and he wrote more than 30 of them, so I didn't recall a thing about Son. I should have remembered this as an absolutely brilliant biography of a classic psychopath, Fred Coe, aka Kevin Coe [Wiki]. I appreciated it now more than I could have x years ago. What a delight to…
Capote links

Laura James

16 Nov 2009 | 10:59 am

" True crime " has such a florid, overdressed reputation that it pays to remember the genre's monuments - "In Cold Blood" or "The Executioner's Song" - are marked by their bloodless eloquence. -- Newsday Fifty years ago, Dick Hickock and Perry Smith danced at rope's end for murdering a family of four. Our modern press has generated several articles looking back at the case over this past weekend, including pieces in theReno Gazette Journal andNew York Daily NewsIn Kansas, the Hays Daily News interviewed Bobby Rupp, who once dated Nancy Clutter.

The Chicago Syndicate
Mario Rainone, Reputed Chicago Mobster, Pleads Guilty to Residential Burglary

JB

20 Nov 2009 | 11:19 am

A reputed member of the Chicago mob was sentenced to 71/2 years in prison Monday when he pleaded guilty to burglarizing a Lincolnshire house.Mario Rainone, 54, pleaded guilty to residential burglary...
2009 Chicagoland Antique, Slot Machine & Jukebox Show

JB

9 Nov 2009 | 7:56 am
Chicago Gangster Arrested in Wisconsin

JB

5 Nov 2009 | 11:58 am

Robert D. Grant, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation (FBI) announced the arrest of DANIEL BONILLA, age 26, whose last known address was 2544 North...

Crime Scene KC
Fla. woman sues ex for allegedly giving her herpes

James Hart

21 Nov 2009 | 3:40 am

Did we mention that he's a lottery winner?
Elderly man died after being left in hot car

James Hart

21 Nov 2009 | 3:30 am

Awful story from New York state, where a man has been convicted of reckless endangerment after he reportedly left his elderly parents in a hot car while he worked in July 2008. (He's a bus driver.) Mom got out and...
Brothers arrested for fighting over can of ravioli, Conn. cops say

James Hart

21 Nov 2009 | 3:15 am

The gentlemen in question are 28 and 27 years old.

Salon: Glenn Greenwald
The Washington establishment suffers a serious defeat

Glenn Greenwald

20 Nov 2009 | 4:21 am

Something quite amazing happened yesterday in Congress: the House Finance Committee -- in a truly bipartisan and even trans-ideological vote -- defied the banking industry, the Federal Reserve, the Democratic leadership, and mainstream Beltway opinion in order to pass an amendment, sponsored by GOP Rep. Ron Paul and Democratic Rep. Alan Grayson, mandating a genuine and probing audit of the Fed. The Huffington Post's Ryan Grim has the best account of what took place, noting: In an unprecedented defeat for the Federal Reserve, an amendment…
The administration guts its own argument for 9/11 trials

Glenn Greenwald

19 Nov 2009 | 5:20 am

(updated below - Update II) "What I'm absolutely clear about is that I have complete confidence in the American people and our legal traditions and the prosecutors, the tough prosecutors from New York who specialize in terrorism" -- Barack Obama, yesterday. "Holder said five other Guantanamo detainees would be tried by military tribunals. The five include Abd al-Rahim al Nashiri, who is accused of masterminding the 2000 attack on the USS Cole warship in Yemen; and Canadian Omar Khadr, accused of killing a U.S. soldier in Afghanistan" -- NPR, yesterday. "'Administration officials say they…
The Weekly Standard's ACLU smear indicts only itself

Glenn Greenwald

18 Nov 2009 | 12:19 am

Even for The Weekly Standard, this bitter, juvenile McCarthyite attack on the ACLU by Thomas Joscelyn sputters with so much fact-free, impotent, and self-defeating rage that it's hard to believe it was printed. Right in the headline, it oh-so-cleverly smears the ACLU as "Al Qaeda's Civil Liberties Union"; it ends by proclaiming the group to be "al Qaeda's useful idiots"; and it's filled in the middle with all sorts of trite innuendo circa 2002 that anyone who believes in the Constitution -- i.e., radical "far leftist" doctrines such as "trials" and "due…

TalkLeft
Friday Night Open Thread

Jeralyn

20 Nov 2009 | 7:18 pm

Bob Dylan singing Santa? Levjoy says on Twitter it sounds like a Yiddish folk song, and he's got a point. Here's Digby on Luke Russert's reporting on health care. Firedoglake has today's highlights. Fernando Bermudez left Sing Sing prison today, after serving 17 years for a murder he didn't commit. More here. This is an open thread, all topics welcome.
Fix Needed for State Opt-Out Provision of Public Option

Jeralyn

20 Nov 2009 | 10:04 am

McJoan at Daily Kos explains what needs to be fixed in the Senate version of the public option in the health care bill: It's the date on which the states can opt out. First, There's no requirement of a waiting period before states can opt out, which in this political environment means the battle is taken directly to the states, because insurers will have until 2014 to get state legislatures to pass those laws. That could lead to as much as a third of country being left out, according to CBO estimates [pdf] (h/t Jon Walker). [More...] Here's the current language: (3)STATE OPT…
Political Controversy Over Colorado U.S. Attorney Selection

Jeralyn

20 Nov 2009 | 9:38 am

President Obama, upon the recommendation of Colorado's two U.S. Senators and others, has nominated former Denver Chief Deputy District Attorney Stephanie Villafuerte for Colorado U.S. Attorney. Republicans are having a hissy-fit. The brouhaha is over the criminal case of former ICE agent Cory Voorhis. Voorhis was acquitted of misdemeanor charges that he improperly accessed the restricted NCIC database and passed information contained in it to Gov. Bill Ritter's then opponent for Governor, Bob Beauprez, who used it in an ad to attack Ritter as being soft on undocumented residents while…

TheFunded Founder Institute News
Early Admissions

20 Nov 2009 | 10:00 pm

Results from early admissions in Seattle, New York, and the Bay Area will be tabulated on Saturday, November 21st, and applicants will be notified if they have been accepted on either Sunday evening or Monday morning. Anyone who is not accepted through the early admissions process will have another opportunity to make it in the program at the final admissions deadline for their location. Chances of being accepted are strong. The early acceptance rate in Washington DC and San Diego / Orange County was approximately 50%, and the overall acceptance rate has been over one third in previous…
Welcome to the Founder Institute (Video)

20 Nov 2009 | 4:00 pm

The following video is of a talk that explains the Founder Institute to 85 interested applicants in Seattle on Monday, November 2nd, 2009. The philiosophy, the vision, and the economics are all described in a well produced video, as well as the answer to some common questions. If you are thinking to apply, this is worthwhile to watch. Enjoy! Welcome to the Founder Institute from Adeo Ressi on Vimeo.
Information Session in Palo Alto

18 Nov 2009 | 10:00 pm

Anyone in the Bay Area thinking to start a company or running a new startup that can use some assistance is invited to attend the upcoming informational session on TheFunded Founder Institute. It's fun, and it's free:Bay Area - November 24th 6:30 PM in Palo Altohttp://bayarea-fi.eventbrite.com Please RSVP, as space is limited.
Attend the ASES Student Entrepreneurship Expo

17 Nov 2009 | 12:15 am

Stanford's Asia Pacific Student Entrepreneurship Society (ASES) is hosting the 2nd Annual Student Entrepreneurship Expo this Thursday. The Expo will feature six innovative entrepreneurs who have start ups ranging from web development to social entrepreneurship. We encourage Bay Area Graduates and applicants to attend this free event the event to network, learn, and share ideas. Here is the info; Thursday, November 19. 7:00pm-9:30pmTresidder, 2nd Floor, Oak EastRSVP - http://spreadsheets.google.com/embeddedform?key=ty_4KAZvajNlKt3MHOSInZg
NYC Informational Event Tonight

16 Nov 2009 | 11:00 am

Everyone interested in the Founder Institute is welcomed to an informational event in New York City tonight, Monday, November 16th. Meet the Founding Member and ask any questions about the program, the mentors, and the curriculum:6:30 PM to 7:30 PM The Digital Sandbox55 Broad Street, New York City4th Floor, Room 5http://institute-ny.eventbrite.com/Sign up at the Eventbrite link above to reserve a spot or just show up. Thanks!

SCOTUSblog
Friday Round-up

Anna Christensen

20 Nov 2009 | 7:42 am

At the WSJ Law Blog this morning, Ashby Jones previews McDonald v. City of Chicago, in which the Court will examine the constitutionality of a Chicago gun-control ordinance and, more generally, the Second Amendment’s applicability to the states. The petitioners, in a brief filed this week, rely on the Fourteenth Amendment’s Privileges or Immunities clause to argue that the right to bear arms is a “privilege” that the states cannot abridge; however, Jones notes that the petitioners’ originalist reading could “open the door advocating for the existence of other rights that have…
Will the Court Take On Judicial Takings?: Stop the Beach Renourishment v. Florida Department of Environmental Protection, Argument Preview

Anna Christensen

19 Nov 2009 | 12:27 pm

Below, Elisabeth Oppenheimer of Stanford Law School previews Stop the Beach Renourishment v. Florida Department of Environmental Protection (08-1151), which will be heard by the Supreme Court on Wednesday, December 2. Check the Stop the Beach Renourishment SCOTUSwiki page for additional updates. On Wednesday, December 2, the Court will hear oral argument in No. 08-1151, Stop the Beach Renourishment v. Florida Department of Environmental Protection. The casepresents the Court with an opportunity to develop new law on a question that has long attracted attention from scholars and,…
Academic Round-up

David Stras

19 Nov 2009 | 12:15 pm

For those that use empirical data to study the Supreme Court, the new Supreme Court Database is now live at supremecourtdatabase.org. The biggest advantage to the new version of the Database is that it is now more user-friendly and accessible to those who study the Court, but may not have empirical background or training. I have not made use of the new online version of the Database yet, but I am told that it is quite remarkable. Right now, the Database has case and justice-centered data for the period from 1953-2008, but Andrew Martin (one of the lead investigators on the project)…

Hugh Hewitt's TownHall Blog
Jude : "Climatologists Baffled By Global Warming Time-Out"

20 Nov 2009 | 7:09 am

You know who else must be baffled, are all the good Democrats and progressives who have been telling us we're 'anti-science' for pointing out this fact. It turns out that I'm not a 'global warming denier' after all,...
Hugh Hewitt: ReverseTheVote.org: $73 K Raised In Three Days

20 Nov 2009 | 6:58 am

NRCC Chairman Pete Sessions announced ReverseTheVote.org on Tuesday afternoon. This morning more than $73,000 has been raised, which will be split equally among the campaigns of the eventual GOP nominees running...
Hugh Hewitt: Senator Jon Kyl on AG Holder and The Senate Debate Ahead on Obamacare

20 Nov 2009 | 6:45 am

Arizona's Jon Kyl joined me yesterday to review Attorney General Holder's disquieting testimony from Wednesday as well as the debate ahead over Obamacare. The transcript is here. Key exchange on AG Holder and the...

Articles on National Review Online
Blanche Lincoln's Balancing Act -- By: David J. Sanders

20 Nov 2009 | 10:30 am

For Sen. Blanche Lincoln, the moderate Arkansas Democrat, the nation’s health-care woes may lead to more headaches than any medicine could alleviate. Lincoln is a pivotal vote on the motion to begin debate on Senate majority leader Harry Reid’s health-care legislation; if the motion passes, she could be the swing vote on the eventual motion to close debate. Her decision isn’t simply a calculation about winning the right number of concessions, as perhaps President Obama and the Democratic leadership hope; it’s about her political survival. The pressure in Washington may be significant…
Saturday Night Fever -- By: Robert Costa

20 Nov 2009 | 8:00 am

In the 2008 presidential race, John McCain often dueled with Barack Obama over health care. Over a year later, Obama is in the White House and McCain finds himself back on Capitol Hill. The battle, however, continues. With the president and Senate Majority Leader Harry Reid (D., Nev.) making a final push to pass Obamacare in the upper chamber, McCain tells NRO that it is crucial for Senate Republicans to make every effort to defeat Reid’s 2,074-page blueprint, which is expected to come to a cloture vote on Saturday night. That vote will determine whether the bill can move to the Senate…
The Man Who Would Kill Lincoln -- By: John J. Miller

20 Nov 2009 | 8:00 am

EDITOR’S NOTE: The following is an excerpt from The First Assassin, by John J. Miller.Saturday, February 23, 1861When Lorenzo Smith heard the chugging of the train, he felt for the revolver at his side. His fingers met its smooth handle, hidden beneath his black coat. Then he found the short barrel and the trigger below. Smith had reached for it a dozen times in the last hour, but he wanted to be certain that the gun was still there. It will make me a hero, he thought. It will change history.Listening for the rumble of the train had been difficult. A loud mass of people waited for its…

Transnational Law Blog
Behind President Obama’s Warning of “Double Dip” Danger

Christine Ngo

18 Nov 2009 | 11:57 am

Today, in an interview with Fox News in Beijing, President Obama warned that “the US economy could head into a ‘double-dip recession’ unless urgent steps were taken to rein back America’s mounting level of public debt,” reported the Financial Times. Speculation about a double dipping, also known as W shape economy, has been on going among academics ever since the US economy showed signs of recovery. I have long been argued that there will be a U shape recovery- a sluggish recovery but not another recession- and 2010 will be an adjustment period where real recovery will occur closer…
Sri Lanka and Trade Policy: Concession or Sanction?

Christine Ngo

26 Oct 2009 | 7:40 pm

The European Union last week produced an official notice derived from its year-long investigation on human right violation in Sri Lanka. Here are the Commission's final report, and the independent expert's report. Given the Commission's conclusion that Sri Lankan government breached its human rights commitments during it 25-year civil war with the Tamil Tiger, the country is set to loose its trade concessions, known as GSP Plus, to the European Union, a sanction which will cost the country more than $100m trade benefits. Mr. Rajapaksa’s government has recently secured a $2.6 billion loan…
New Wave of Insider Trading Charges as Judge Approved Wiretaps for White Collar Crime Investigation

Christine Ngo

21 Oct 2009 | 12:07 pm

It’s all over the news, and I should not be caught by surprise. Yet here I am becoming very disturbed by the loopholes in our financial institutions, which gave rise to an unprecedented amount of white collar crime - from Bernard Madoff to Raj Rajaratnam. Wall Street this week has seen the biggest insider trading charges in its history, charges alleging the involvement of various ratings firms, consultancies and half a dozen US public companies including IBM, Intel and two top hedge fund managers of Galleon and New Castle. Complaints filed in the court of the Southern District of New...

Nuts & Boalts
The Protest's Balls Grew Three Sizes Today

Dan

20 Nov 2009 | 7:49 pm

We've talked about the "strike" ad nauseum, but it became something different today: a good ol' fashioned Berkeley protest. Students have occupied Wheeler Hall, fights broke out between protesters and police, sirens have been wailing all day, and news choppers fill the sky. After two days of a namby pamby strike with confusing motives and limited purpose, someone finally let the wild rumpus start. (Sorry, DE.)I don't know if this makes me a hypocrite, a bandwagoner, lazy, or an idiot--and I'm sure I'll be called worse in the comments--but the protesters won me over today. Why? I guess because…
I Just Want to Tell You Both Good Luck. We're All Counting on You.

Armen

20 Nov 2009 | 6:45 pm

Bar results come out. I suppose it's only fair to have an open thread on the psychological mind ****ing that is the time until you see the results. The real fun begins on Monday when others look up your name.BUMP UP. So? What's the mood? Congratulations to all who passed, and chin up to those who didn't.
John Yoo Saves Half the Library from the "Fire"

James

20 Nov 2009 | 12:09 pm

I was sitting in the library Atrium when the fire alarm went off and of course I dutifully shuffled into the exit stairwell with about 30 other students. We descended a flight to the marked exit only to find said exit locked.So, we turned around and marched back up, bumping into other students who were coming down. Right as I was about to re-enter the library proper, John Yoo burst through the door saying, "No, come with me this way. I have the key."And just like that John Yoo saved us all from our hypothetical fiery death. It was awesome.Anyway, more thoughts on the alarms.Check out this…

Counsel to Counsel
I'm Guest Blogging on the MassLOMAP Blog

Stephen Seckler, Esq.

19 Nov 2009 | 11:53 am

This organization is providing some great resources to solo and small firm attorneys. I'm happy to add my two cents once in a while but I also look forward to continuing to read their very insightful commentary.
Study: Social Media Increasingly Used by Business Executives

Stephen Seckler, Esq.

19 Nov 2009 | 5:42 am

An interesting new study documents that increasingly, CEO's and other business professionals are using social networks to help them in their decision making. Sounds like another good reason to join in the dialogue.
Social Media--On the One Hand, But On the Other Hand

Stephen Seckler, Esq.

12 Nov 2009 | 7:01 pm

A partner at Nixon Peabody lays out the risks and opportunities. Sounds like a lawyer grappling with the tension between what he knows is reality and what he fears could go wrong.

Larry Bodine Law Marketing Blog
The Lawyers' Definitive Guide to Video Marketing

21 Nov 2009 | 3:00 am

Gerry Oginski, Esq., has written a tip-packed article on markeing yourself online with video. A New York medical malpractice and personal injury trial lawyer in practice for more than 21 years, he has produced and created more than 200 to market his law practice where he explains to consumers how lawsuits work in New York. You've made the choice to jump right into video to market your legal services. The move is a good one. It will help you distinguish yourself from everyone else. Here now, never before released, is Gerry's definitive guide to video marketing for lawyers. Nine…
RainMaker Software, Inc.'s Law Firm Economic Assistance Package Awards +$430,000

20 Nov 2009 | 3:00 am

RainMaker Software announced that it has has awarded more than $430,000 in funds to 33 different firms in its $1 million Economic Assistance Program for law firms. The program was originally announced to law firms back in March and continues to increase applicants as the December 31st deadline approaches. The RainMaker $1,000,000 Economic Assistance Package is based on a "pay it forward" concept. RainMaker Software, founded in 1969, is a leading provider of integrated financial and practice management software for mid-to-large sized law firms. An integral part of the…
Unlock the Power of Social Arbitrage

19 Nov 2009 | 3:00 am

Following is a guest post from lawyer coach Martha Newman. What goes into the complex formula we call SUCCESS? Success involves leveraging the strong relationships you have built through your networking to OTHER people’s advantage. Strive to make everyone around you successful - and you'll find success yourself This is the notion of SOCIAL ARBITRAGE: a constant and open exchange of favors and intelligence. How does it work? It's simple really. When someone mentions a problem, try to think of a solution. Become a KNOWLEDGE BROKER, indispensably…

Legal Process Outsourcing
Mark Ross moves to Integreon

Megha Pande

18 Nov 2009 | 8:16 pm

Mark Ross has recently moved to Integreon as Vice President Legal Services. He was earlier the Vice President of Global Sales and Marketing at LawScribe. Mark Ross owing to his experience and acumen is considered as one of the thought leaders in the LPO industry. His write-ups at LawScribe blog have always been a source of interest to readers at large. This recent change in his profile is a move that would bring him into a more sales/consultative role at Integreon, while continuing in a thought leadership position. He would support Integreon’s global sales team in generating new legal…
More law firms may join the outsourcing trend

Megha Pande

16 Nov 2009 | 1:25 am

Travers Smith, Hammonds and Halliwells are the latest firms interested in cutting costs by sending either legal or back office support work to outsourcing companies.These firms like Pinsent Masons and Eversheds are in the process of exploring several benefits attached with offshoring legal work. Eversheds is to save up to £2m a year through an outsourcing deal with Exigent. National duo Hammonds and Halliwells are at an earlier stage of debate but both firms are considering outsourcing options for both legal and back office functions, although they have yet to make any decisions about which…
Integreon acquires Grail Research

Megha Pande

16 Nov 2009 | 1:23 am

Integreon, the back office outsourcing firm promoted by Philippines-based Ayala, acquired Grail Research, the captive research unit of the Monitor group for an undisclosed sum. “The acquisition gives us a delivery base in China and South Africa with further scope to expand there,” said Lokendra Tomar, COO, Asia Pacific, Integreon. The acquisition of Grail Research is its sixth so far. Its earlier acquisitions included three LPO firms and two KPO firms.Mr Tomar said the $100-million company intends to raise money through a fresh issue of equity. A global private equity player will be used…

Deliberations
Unforgettable Juror Art

Anne Reed

28 Oct 2009 | 2:51 pm

Deliberations collects juror art, as you may know -- drawings and photographs made by real people on jury duty, gathered in what we cheerfully call the "American Gallery of Juror Art." The collection is meant to show both the light side of jury duty and also the often-missed depth and talent of many jurors. Much of the work is extraordinary. A story like this, though, can't just go in the collection. You have to read the whole thing, but the short version is that artist Alberto Araoz, a 64-year-old Cuban immigrant, sat as a juror in a California murder trial where the victim was a…
When They Don't See What You See

Anne Reed

15 Oct 2009 | 9:01 pm

A recent study highlights what might be the most important thing lawyers and clients miss about how juries will react to their cases. The same evidence that makes you angry at the other side might make jurors angry at you. I'll show you how it works. Here's a fact about health care. Ready? Many people get diabetes because of social or economic factors in their neighborhoods, such as lack of neighborhood grocery stores or safe places to exercise. Does that fact make you more supportive of public policies to prevent diabetes, or less supportive? Existing attitudes change perception If…
Look At The Jury Expert Now

Anne Reed

1 Oct 2009 | 9:18 pm

The Jury Expert doesn't need me anymore, but I'll keep posting about new issues anyway. Back in May 2008 when the first on-line issue of the American Society of Trial Consultants' bimonthly journal came out, it got 500 hits, and if Deliberations wasn't the only blog to write about it, it was one of a very few. A year and a half later, The Jury Expert is such a celebrity it probably has to wear sunglasses to go to the drugstore. Each of the last two issues got more than 12,000 hits. The Texas Lawyer named TJE's great Twitter feed one of the "top 20 legal tweeters" in their Sept 28…

Bag and Baggage
TWiL 39 Video — Social Lubricants And Frictions #twil39 #twil

Denise Howell

20 Nov 2009 | 9:46 pm

Video archives for TWiL are available at blip.tv and ODTV. Also, TWiL is on Twitter and Facebook, if you're so inclined. This WEEK in LAW on Facebook
Obama's Crowdsourced Healthcare Reform Video

Denise Howell

19 Nov 2009 | 11:09 am

The winning submission starts at 1:10; I like a lot of the runners up!
TWiL 38 Video — Don't Swallow That Phone! (that was fast!) #twil38 #twil

Denise Howell

13 Nov 2009 | 2:37 pm

Video archives for TWiL are available at blip.tv and ODTV. Also, TWiL is on Twitter and Facebook, if you're so inclined. This WEEK in LAW on Facebook

Jim Calloway's Law Practice Tips Blog
Home Sweet Office

Jim Calloway

20 Nov 2009 | 8:42 am

I never blogged about my Home Sweet Office article due to some technical issues here. But it is clear more and more lawyers are considering an office-based practice. I find it interesting that many of the success stories involve an...
Sites for Sore Eyes: Windows 7 Ready or Not?

Jim Calloway

20 Nov 2009 | 7:43 am

In this month's edition of Sites for Sore Eyes, Windows 7 Ready or Not?, my co-author Courtney Kennaday and I explore a few sites to help you decide if Windows 7 is right for you, which version to buy and...
Google Scholar Adds Legal Journals and Opinions

Jim Calloway

17 Nov 2009 | 6:27 am

In a move with possible profound implications, Google Scholar has added a dedicated search for legal journals and court opinions. Check it out here. Apparently they have the entire Heinonline database included as I located a couple of articles I...

My Shingle
Free Legal Research by Google & What It Means

17 Nov 2009 | 6:28 pm

What do I think about Google's recent launch of a free, online legal research tool as part of Google Scholar? (disclosure: my husband works for Google, but isn't involved with the legal research project) Funny you should ask, because I've been tracking, evaluating and most of all, patiently awaiting the arrival of a functional, robust online research tool for nearly a decade. Back in 2000, I wrote my first piece for the Washington Legal Times, entitled How I Researched A Legal Brief Online for Free (now only available behind fee wall, here) And when I started MyShingle in…
The Page Between Biglaw and Solo Practice, Between Life and Death

12 Nov 2009 | 5:04 pm

Even though I reside in Bethesda, Maryland and practice appellate law in Washington D.C. just like appellate lawyer Mark Levy, the former Kilpatrick Stockton attorney who took his life after his firm downsized, our paths never crossed. As a biglaw attorney and a small fry in a highly stratified town like Washington D.C., lawyers like Mark Levy and I travel in different circles, attend different conferences and represent different types of clients. Yet in an odd turn of circumstances, our worlds nearly collide this month on the pages November's ABA Journal, which…
Your Blog On Social Media

10 Nov 2009 | 6:24 am

This is a quick video that my daughter, Elana helped me put together (don't you love the blog in the frying pan?) that demonstrates how social media can be used to amplify blogging efforts. That's the topic I'll be discussing today at the Avvo's Mid-Atlantic Tour here in DC (I just noticed that Avvo launched Avvo Pro which will also allow for redistribution of blog content, but I didn't have time to add it). The fact of the matter is that RSS feed, which most bloggers originally believed would be the prime source for blog redistribution, has never really gained traction. According…

Robert Ambrogi's LawSites
The Madoff Social Network Map

Robert Ambrogi

19 Nov 2009 | 8:07 am

To pull off a $20 billion ponzi scheme, you need a broad web of social and business connections. In the case of Bernard Madoff, the network of feeder funds and sub-feeder funds that funneled investors' money his way was particularly complex. For a striking visual depiction of this complex network of funds, check out this interactive network map: Bernard L. Madoff Money Flows & Feeder Funds. The map was created by Orgnet.com, a company that provides social network analysis software and services. Orgnet founder Valdis Krebs provides more information about his Madoff map at his blog, The…
Twitter's New 'Retweet' Feature

Robert Ambrogi

19 Nov 2009 | 7:33 am

Twitter has now rolled out its beta retweet feature to most users. Not all of them are happy about it. You will know if you have it when you go to your Twitter home page, where you will find a notice describing the new feature.Formerly, you could pass along a tweet of interest by adding "RT" to it. It would go out under your name and you could add your own comments to the retweet.Under the new feature, a new "Retweet" button is added to the existing "Reply" button under each tweet that appears in your timeline. When you click this Retweet button, it forwards the original tweet to your…
Google Gets into Legal Research

Robert Ambrogi

18 Nov 2009 | 6:23 pm

In a post earlier today at Legal Blog Watch, The Google Gorilla Enters the Research Game, I wrote about Google'sannouncement yesterday that Google Scholar now allows users to search full-text legal opinions from U.S. federal and state appellate and trial courts. I wrote there about the implications of the announcement, but wanted to post here to add my initial thoughts about the search itself.So far, I like what I see. As it is throughout Google's various offerings, the search interface is seamless and simple. Search for a case in the same way you'd search for anything on Google -- by name,…

Wise Law Blog
Workplace Harassment and Bill 168 - A New Remedy for an Old Problem

Garry J. Wise, Wise Law Office, Toronto

20 Nov 2009 | 11:23 am

Workplace bullying is a serious problem for thousands of Canadians at work. It can degrade one’s self worth and create serious health problems for workers and their families. There has often been very little that could be done to stop the workplace bully in his or her tracks. But, in Ontario, there is now hope around the corner.This month, Ontario’s Standing Committee on Social Policy will wrap up public hearings regarding Ontario's Bill 168, An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace. The Bill, which will place heavier…
Minnesota Chiropractor Attacks Canadian Health Care

Garry J. Wise, Wise Law Office, Toronto

18 Nov 2009 | 12:17 pm

Meet Larry the Plumber.- Garry J. Wise, TorontoVisit our Toronto Law Firm website: www.wiselaw.netEMPLOYMENT LAWCIVIL LITIGATIONWILLS AND ESTATESFAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOGSUBSCRIBE TO WISE LAW BLOG
The "Cell Phone Energy Diet"

Garry J. Wise, Wise Law Office, Toronto

17 Nov 2009 | 1:40 am

I mucho like this:About the size of your average flashlight, the PEG takes the kinetic energy humans develop through physical activity and uses it to recharge small, electronic devices such as your phone, camera, or iPod....Place it in your bag or on your hip, attach it to the device that you need to charge using a standard USB cord, and the PEG does the rest. With each step you take, magnets inside the generator bounce back and forth off the springs inside it, creating electricity. - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.netEMPLOYMENT LAWCIVIL LITIGATIONWILLS…

DennisKennedy.blog
Making a List and Sharing It Too - New Podcast

dmk

18 Nov 2009 | 5:59 pm

Tom Mighell and I have recorded another episode of The Kennedy-Mighell Report podcast and it's now available on the Legal Talk Network and on iTunes, with an RSS feed here. The episode is called "Making a List and Sharing It Too" (show notes here), and it's sponsored by Bill4Time. Here's the episode description: We’re at the time of year where everyone likes to make and share lists. Some new types of Internet tools let lawyers share useful lists of information in easier and more powerful ways. In this new episode of the Kennedy-Mighell Report, co-hosts Dennis Kennedy and Tom Mighell discuss…
Recent Microblog Posts - November 10, 2009

dmk

10 Nov 2009 | 8:41 pm

Just noticed that I passed the 1,500 post mark on this blog. And I wanted to mention that The Kennedy-Mighell Report podcast has talked Tom and me into letting it have it's own Twitter account - @tkmreport. The podcast had been complaining (a lot) lately about how it was "totally unfair" that our book had its own Twitter account (@collabtools), while it did not have one yet. The situation is now rectified. But, I know, that's not the reason you're here. You're here because you want to get the latest collection of posts from DennisKennedy.Microblog, which is a supplement to this blog that can…
Is Windows 7 Coming to Lawyers' Computers?

dmk

4 Nov 2009 | 6:30 pm

Tom Mighell and I have recorded another episode of The Kennedy-Mighell Report podcast and it's now available on the Legal Talk Network and on iTunes, with an RSS feed here. The episode is called "Is Windows 7 Coming to Your Computer?" (show notes website), and it's sponsored by Bill4Time. Here's the episode description: The recent release of Windows 7 hopefully ushers in a new era of peace and stability to the world of PC operating systems. But should lawyers rush out to upgrade now? In this new episode of the Kennedy-Mighell Report, co-hosts Dennis Kennedy and Tom Mighell discuss some of the…

Inter Alia
Links for 2009-11-13 [del.icio.us]

14 Nov 2009 | 12:00 am

HowTo: OPML for Twitter subscription lists Twitter Lists To RSS
Links for 2009-11-12 [del.icio.us]

13 Nov 2009 | 12:00 am

Google Alerts for Twitter Lists - Listiti.com
Links for 2009-11-10 [del.icio.us]

11 Nov 2009 | 12:00 am

Welcome to linkli.st! · linkli.st

Health Care Law Blog
AHLA: EHR, HIE and PHR Legal Liability Task Force

20 Nov 2009 | 2:11 pm

Today I participated in the first call of the American Health Lawyers Association's Task Force on Electronic Health Records and Legal Liability.The task force will focus its efforts on the legal liabilities associated with Electronic Health Records (EHR), Health Information Exchanges (HIE) and Personal Health Records (PHR).The group is being led by Jud DeLoss and Kathy Kenyon, both members of AHLA. There was a wealth of health lawyer experience and expertise on the initial conference call. I'm looking forward to helping out on the effort and learning lots from the the task force members on…
A 1930 Medical Record

20 Nov 2009 | 5:23 am

I was recently in my hometown of New Martinsville visiting my dad, a retired family physician. When I arrived he had waiting for me a copy of one of my grandfather's medical records from the 1930s. My grandfather, Dr. Albert Coffield, practiced rural medicine in Wetzel County, West Virginia from 1911 until his death in 1936. My dad told me the following story about the medical record. My dad was a doctor who practiced out of his house on Coffield Ridge in Wetzel County. After my dad died in 1936 our mother sold the household furnishing and his office equipment. I was 12 years old when he died…
Visualizing HR 3962: Affordable Health Care for America Act

9 Nov 2009 | 7:32 am

Below is a visual of the top 500 words used in HR 3962: Affordable Health Care for America Act. Since most people (including many of our representatives in Washington) haven't read all 1,990 pages of the Health Care Reform Bill, I thought a visual aid might be helpful. I had been thinking of creating the word cloud of the Bill since it was introduced on October 29, 2009, however, yesterday a couple of tweets by Vince Kuraitis caught my eye and I finally got around to creating the HR 3962 Wordle Cloud this morning. Vince's tweets looked into the word count of a couple of key words in the Bill.

LawBizBlog
Press coverage is good

13 Nov 2009 | 2:10 pm

My father, when I first started my law practice, gave me sage advice: Be by the phone when a customer calls.' The same advice is true for when the press calls for they have deadlines that generally can't be moved. If they reach you, you are likely to get quoted. If they don't reach you, you'll read someone else's quote. This week, I was fortuitously by the phone when two reporters called. The article in the LA Times (and the following day in the Chicago Tribune, the Times' parent) was about Facebook. The CNN.com article was about the employment plight of recent law school graduates. Very cool…
Civil Gideon statute - Are we ready for this?

11 Nov 2009 | 6:45 am

California now has the nation's first "Civil Gideon" statute, which provides a lawyer to people who cannot afford one in civil cases related to critical basic human needs.
Is the cloud ready for prime time?

11 Nov 2009 | 4:14 am

Some folks are now advising the implementation of a hosted exchange server. They appear to have become more stable and reliable. Is this true? Is the "cloud" now being effectively seeded by qualified and capable technology? What are the pros and cons of hosted exchange servers?

the [non]billable hour by Matthew Homann
Ten Rules of Law Firm Retreats

Matthew W. Homann

4 Nov 2009 | 8:39 am

Whether your next law firm retreat takes place at a tropical location or in the firm’s conference room, there are several things to keep in mind to make it productive, useful and fun. Here are my Ten “Rules” for law firm retreats. Feel free to add your own in the comments. Enjoy!1. When planning a retreat, the most important voice at the table should belong to your best clients. Ask them what you need to improve upon in the coming year, and invite them if you dare. 2. At a good retreat, firm management spends as much time listening to the lawyers as…
Does Your Firm Know Customer Math?

Matthew W. Homann

28 Oct 2009 | 11:16 am

Jackie Huba has a great Q and A with Jeanne Bliss, the author of "I Love You More Than My Dog": Five Decisions That Drive Extreme Customer Loyalty in Good Times and Bad." There's a lot of meat in the interview (and probably in the book as well), but the real nugget is this reminder to pay more attention to serving existing customers than to pursuing new ones:Q: Do companies need to be customer-driven to grow?A: Companies forget that customers keep them in business. Customers who love companies grow them. To understand this, think of customer math -- a rigorous way to…
Keep Your Clients Healthy

Matthew W. Homann

28 Oct 2009 | 11:11 am

John Jantsch, of Duct Tape Marketing, tweeted this "killer retail traffic strategy" that could work for law firms:hook up with RN and offer flu shots in your store or business.Could you offer a free flu-shot to your clients? Especially if combined with a legal check-up, too?

Innocence Blog
Friday Roundup: Two Freed in New York

20 Nov 2009 | 2:50 pm

It was a big week for freedom in the face of injustice, but the fight against wrongful conviction and unreliable forensics goes on. Here are few stories we didn't get to on the Innocence Blog this week:Fernando Bermudez, who served 18 years in New York prisons for a murder evidence shows he didn't commit, was freed just after 2 p.m. today, pumping his fist in the air before embracing his wife. We posted on the case last week, when his conviction was tossed out. Yesterday in New York City, Lebrew Jones was freed on parole, ending 22 years in prison for a murder he has long said he didn't…
Leo Waters, Six Years Free

20 Nov 2009 | 1:40 pm

Today marks the six-year anniversary of the day Leo Waters was exonerated in North Carolina after serving 21 years for a crime he didn't commit.In 1982, Waters was convicted of a rape and robbery based in part on an eyewitness identification. On November 20, 2003, after DNA tests had proved he was not the perpetrator of the attack, the state dismissed all charges against Waters. In 2005, another man was charged with the rape based on the same DNA evidence.The conviction stemmed from a rape and robbery of a woman in March 1981 in Jacksonville, North Carolina. A lone perpetrator had come to her…
The Innocent on Death Row

19 Nov 2009 | 1:35 pm

The case of Cameron Todd Willingham, who was executed in Texas in 2004, had drawn headlines around the world recently. The case starkly underscores the risk of overlooking clear signs of wrongful conviction and allowing innocent people to be executed. A decision in Texas yesterday demonstrates that this issue is extremely timely and could have life-or-death consequences.Texas' highest criminal court yesterday rejected the appeal of a Max Soffar, a mentally ill prisoner on the state's death row for a crime he has long said he didn't commit. Soffar was convicted of a 1980 murder based in part…

Charon QC
Diary of a Huntsman… (2): Invisibility

charonqc

20 Nov 2009 | 10:23 am

PODCAST VERSION: A Hunstman’s View (2) / Invisibility 20th November 2009 The London trip was not a great success and a fresh assessment is required if I am to stand for parliament. Cybil has a rather curious attitude to politics. She listens to what politicians say and assesses their worth and value accordingly. I remember, over dinner some time ago, she made the extraordinary statement “Why can’t we have a government with just the sensible people from all parties in it? Vince Cable, for example, he seems to be the only politician who (a) has actually grappled with economic…
Rive Gauche: Hubris, schadenfreude, dark forces and injustice… what more could you want on a Friday?

charonqc

19 Nov 2009 | 11:13 pm

Continuing with my Friday ‘Rive Gauche’ theme, I thought I would start this week’s edition with some more political nonsense, tinged with a soupçon of hubris. Political diarist Iain Dale, always worth a read whatever your political proclivities, asks: When will it end? The Telegraph has the story tonight of Conservative MP David Curry, the new chairman of the Parliamentary Standards Committee (no, really), has been accused of claiming £30,000 of taxpayers’ money to pay for a house he hasn’t set foot in for four years, after being banned by his ex wife. Mr Curry…
Binyam Mohamed: The Foreign Secretary’s position…?

charonqc

19 Nov 2009 | 9:05 am

Reprieve: British government uses ‘Alice in Wonderland’ argument to cover up torture of Binyam Mohamed

Law.com - Newswire
$100M Suit Claims Ex-Firm Leader Peddled Phony Investments in Sex Scandal Case

A lawsuit that seeks more than $100 million in damages alleges that ousted Florida law firm leader Scott Rothstein solicited investors for an alleged Ponzi scheme by piggybacking on actual lawsuits, including a tawdry case his firm was handling that involved a billionaire accused of engaging in sexual activities with underage girls. The investor lawsuit also contends TD Bank served as the "critical linchpin legitimizing" a fraud and knew the law firm was moving hundreds of millions of dollars through its accounts.
Do Defendants Get Enough Warning About a Guilty Plea's Consequences?

Two very different cases, the Jose Padilla case and the "balloon boy" case, cast new light on a legal issue that has been simmering for years: when, whether and how defendants should be informed about the collateral consequences of pleading or being found guilty. A model law tackling the issue will go before the American Bar Association for endorsement in February, and then would be put before state legislators. But the new emphasis on informing defendants about collateral consequences is not without critics.
General Counsel Panelists Say They Like Firms That Take the Initiative

A panel of general counsel and senior in-house lawyers at a conference last week revealed that cost isn't always their top criteria when picking outside lawyers. They also want outside lawyers to take the initiative in building a relationship. Julia Coyne, Nike's assistant GC, recalled a law firm that did a pitch even after learning that the work it wanted was farmed out elsewhere. The firm later became a Nike partner. "They were willing to come in and spend the time," Coyne said.

Peter Black's Freedom to Differ
Moving Numbers

pete.black@gmail.com (Peter Black)

20 Nov 2009 | 11:35 pm

Zolitics, which describes itself as "the world's first political entertainment network", is posting a funny, smart political web series called Moving Numbers. Here is a trailer: Moving Numbers "Truth" Trailer from Zolitics on Vimeo. You can watch the series here.
Real people on Twitter for #followfriday

pete.black@gmail.com (Peter Black)

20 Nov 2009 | 3:53 am

Following the lead of my friend Kate Carruthers, I now post to my blog each Friday five real people I am recommending as part of #followfriday on Twitter. I like this approach as it makes the #followfriday suggestions more personal and allows an opportunity for me to (briefly) explain why I am suggesting each person. Here are five lawyers to follow:@Charonqc is a blogger, podcaster and Rioja drinker. His dry humour, informed by his unique yet insightful perspective on law and life, makes him a delight to follow. It's just a pity his country's cricket team is so poor.@michaelgeist is…
Newspapers are what?

pete.black@gmail.com (Peter Black)

18 Nov 2009 | 8:05 pm

I laughed out loud when I read this on TechCrunch, "Newspapers Are What? Google’s Got Some Suggestions":

taxgirl
Fix the Tax Code Friday: Pay Per Mile Tax

Kelly

20 Nov 2009 | 2:04 pm

It’s Fix the Tax Code Friday! This week, there has been a lot of discussion across the internet about “going Dutch” a la the pay-per-kilometer system recently passed in Amsterdam. So today’s Fix the Tax Code Friday question is: Should the US consider a pay-per-mile tax system to pay for roads and other infrastructures? If your answer is no, would that change if the US adopted the Dutch policy of abolishing the current road taxes and sales taxes for cars in exchange for the pay-per-mile system?Similar Posts: Fix the Tax Code Friday: National Sales Tax Fix the Tax Code…
Tax Update Blog: ‘Cheat’? I don’t think the word means what they think it means.

Kelly

19 Nov 2009 | 9:19 am

Great piece by Joe Kristan at Roth & Company PC about FBAR reporting… Tax Update Blog: ‘Cheat’? I don’t think the word means what they think it means.: “” Similar Posts: Ask the taxgirl: Foreign Accounts and FBAR Ask the taxgirl: Oh Canada! Ask the taxgirl: FBAR and Power of Attorney Fix the Tax Code Friday: Foreign Accounts
Ask the taxgirl: Do I Need a Form 1099?

Kelly

19 Nov 2009 | 5:32 am

Taxpayer asks: Several elderly friends have asked me to help them with administratrive work in there home. I would probably do this on an ongoing basis and I am sure each would end up paying me more that $600 a year. I would report all of this money (Schedule C I think) but am concerned for the people I would be doing the work for. Do they have to issue a 1099 for the work I would do for them? Could I just report the money quarterly without ever getting a form from them and have it be legal, I don’t want to get them into trouble? Taxgirl says: If I understand it, you’re going to…

Law.com - Legal Technology
Public Performance in the Digital Age

The performance right, protected by the Copyright Act, has been fertile ground for disputes. If a trend is emerging in recent decisions, it's that courts won't charge twice for what appear to be the same bundles of rights: Either it's a digital download or a performance, but not both.
Did E-Mails Factor in Harassment Verdict?

Was the negative verdict in a sexual harassment suit the result of some of the more controversial evidence -- a cache of sexually explicit, humorous e-mails found on the plaintiff's workplace computer? Or was the jury unimpressed with the evidence offered to support the harassment claims?
Prosecutors Argue for GPS in Drug Conviction

When federal authorities got a warrant to install a GPS device to track a drug suspect, agents acted with an "abundance of caution," a federal prosecutor said in the D.C. Circuit, where the government is defending its ability to secretly follow suspects without judicial supervision.

Law.com - Small Firm Business
Holiday Parties: Keeping Expenses Low and Deductibility High

The economy isn't giving us a lot to cheer about this holiday season ... and it could get worse. This year, it appears more companies are saying no to an annual tradition: the office holiday party. But attorney Kelly Phillips Erb notes that not only are holiday office parties a good way to say thank you to employees -- they may also bring tax benefits to the firm as well as employees. Phillips Erb discusses some of the things to keep in mind if law firms want to take advantage of those benefits.
Law School Ferry Commute Leads to Class Action Bid

Little did Robert J. Peragine know that his commute to law school would lead to a case that could soon become a $8.7 million class action. During his ferry rides to Connecticut, other passengers saw him studying his law books and alerted him to a gripe they had over surcharges that didn't seem to benefit passengers. After a district court ruled that the surcharges were unconstitutional, and awarded damages to an individual passenger, Peragine knew there was a potential class involving all the other passengers.
Another Am Law IP Partner Leaves for Plaintiffs Firm

It seems large plaintiffs firms aren't done recruiting patent lawyers to their ranks. New York's Bernstein Litowitz Berger & Grossmann announced recently that former WolfBlock and Cozen O'Connor IP partner Joshua Raskin is joining the firm. Raskin's move follows similar lateral hires in recent years. Raskin found that at Cozen, a viable patent litigation practice was difficult to build given the constant pressure of the billable hour. "None of this is a knock on my former firms," Raskin says of his move.

Law.com - In-House Counsel
'Founding Partners' Decision Shows Limits of SEC's Power Over Relief Defendants

Jenner and Block's Michael K. Lowman and Andrew F. Merrick examine SEC v. Founding Partners Capital Mgmt., a recent federal court ruling that significantly curtails the power of the Securities and Exchange Commission to pursue ill-gotten gains from relief defendants in an SEC enforcement action. The ruling is significant for practicing securities lawyers because it confirms that there are important boundaries that circumscribe the SEC's authority to pursue claims against relief defendants.
Network of Small, Midsize Firms Look for Opportunity in Hard Times

Hard times bring opportunities, and the network of small and midsize law firms called Meritas hopes that more general counsel come knocking as their companies look for ways to cut costs. Cost savings isn't the only reason to use one of Meritas' 170 firms, which are based in more than 60 countries (and 49 states). The firms and their clients also tout personal service, geographic reach and quality control.
Two Veteran Lawyers Say Now Is the Time for Fixed Fees

In these troubled economic times, fixed fees for particular legal matters have appeal for law firms and their corporate clients. Ben W. Heineman Jr., former GC for General Electric, and William F. Lee, co-managing partner for WilmerHale, strongly believe that this is an idea whose time has come. Fixed fees provide reduced billing hassles, more predictable cost to the client and more predictable payments to the firm. Heineman and Lee address how to set price with quality and achieve cost and value alignment.

Law.com - Career Center
Is the End of the Tunnel Near for Law Firms?

The past year was unprecedented for the legal industry when it came to the spike in tough decisions law firms had to make, but there could be light at the end of the tunnel. According to the responses from the PaLAW 2009's 14th annual Managing Partners Survey, law firms across Pennsylvania conducted layoffs and instituted cost-cutting measures with greater frequency than ever before. But the overwhelming majority of the responding managing partners predict that will be the end of some of those trends.
Ga. Judge, DA Declare Economic Crisis in Fulton County

At a joint press conference last week, Fulton County Superior Court Chief Judge Doris L. Downs and District Attorney Paul L. Howard Jr. declared an "economic state of emergency" looming over the Georgia county's justice system that could mean the dismissal of almost 1,000 employees. Downs said that the various segments of the county's criminal justice system were informed Nov. 16 that a $146 million shortfall in Fulton County coffers meant those departments must cut 25 percent of their 2010 budgets.
Robins Kaplan Launches IP Monetization Group

Amid weak demand for both corporate and intellectual property legal work, Minneapolis-based Robins, Kaplan, Miller & Ciresi has formed a new group with lawyers from both disciplines to help clients make money from their patent portfolios. The firm's strategic IP monetization group is a brainchild of the business group, said John Houston, who chairs the business department and leads the new group. The idea behind the group is to help companies squeeze more value from patents without using litigation, he said.

Legal Blog Watch
Arm Courtroom Bailiffs With ... iPods?

Robert J. Ambrogi

20 Nov 2009 | 12:22 pm

Bailiffs are indispensable to maintaining order in court. To that end, court systems often treat bailiffs much like law enforcement officers, even arming them with firearms or tasers. Now, the National Center for State Courts says that perhaps bailiffs should also be armed with something else -- an iPod or iPhone. The idea is outlined in a recent post to the NCSC's Court Technology Bulletin by Jim McMillan, an NCSC court-technology consultant. Earlier this year, he writes, while working on an NCSC courthouse project, his team considered how technology could support this essential courtroom…
Hackers Targeting Law Firms, FBI Warns

Robert J. Ambrogi

20 Nov 2009 | 12:12 pm

The FBI is warning U.S. law firms to beware of hackers. The FBI said this week that hackers are using phishing e-mails with malicious payloads to target law firms and public relations firms. "During the course of ongoing investigations, the FBI identified noticeable increases in computer exploitation attempts against these entities," the warning said. "Phishing" refers to the use of e-mail or instant messaging to trick the recipient into providing personal or sensitive information, such as user names, passwords and credit card information. Generally, the message draws the…
WSJ Editorial on Judicial Nominee Called Racist

Robert J. Ambrogi

20 Nov 2009 | 12:08 pm

The Wall Street Journal editorial yesterday made clear that it was not pleased with President Obama's nomination of former Wisconsin Supreme Court Justice Louis B. Butler Jr. to be a federal district judge in Wisconsin. But did the WSJ go too far in titling its editorial, The White House Butler? In Wisconsin, a state senator, a former state Supreme Court justice and a lawyer all said the editorial was racist. They asked the WSJ to retract the editorial and issue an apology, according to a report published in the Milwaukee-Wisconsin Journal Sentinel. Madison lawyer Jon P. Axelrod sent a letter…

UNDERDOG - JON KATZ, MARYLAND & VIRGINIA Criminal Defense Lawyer
Seeking full-time legal assistant.

19 Nov 2009 | 9:00 pm

Regular Underdog readers know that I have posted several help wanted notices during the past few months. Some were an effort to replace my longtime full-time assistant due to his always-known plan to go to law school, where he currently is at. Today's ad for a full-time legal assistant is to add to my current staff of two excellent part-time assistants. I believe in showing my proper appreciation to those who send successful job candidates my way. I print our full help wanted ad here, because my blog entries get picked up by Google more quickly than do my static webpages. JON KATZ, P.C. IS…

The Legal Satyricon
Porn is “inescapable”

marcorandazza

19 Nov 2009 | 9:41 pm

Monica Hesse, a writer for the Washington Post, seems to have a porn paranoia issue. Her article “Publicly, a whole new lewdness” has a decidedly Comstockian bent to it. But, the subtitle is even more hilarious: “Everywhere you look, porn is suddenly inescapable.” People like Hesse are proof that evolution has [...]
The Weblog Awards

marcorandazza

19 Nov 2009 | 7:22 pm

Whatever. I mean, yeah, it would be sweet as hell to win. I’m not holding my breath though. Nevertheless, if you want to go vote for us, click here and vote up the generous nomination that Mr. King provided. Posted in misc
Scott Greenfield – The Conscience of the Bar

marcorandazza

19 Nov 2009 | 7:16 pm

Between his criticism of scaring clients and the difference between “anyone can blog” and “everyone can blog”, I think that Scott just might have a higher calling than his practice. I know I might sound like I am being a smartass. I am not (this time). If Scotty were in charge, this [...]

CalLaw.com
Levi's Deal Underscores Growth of Alternative Billing

Orrick partner Karen Johnson-McKewan got Levi Strauss to turn over all its legal work in exchange for a multimillion-dollar fixed-fee arrangement. Has alternative billing finally taken off?
Jury Doesn't Buy Economic Espionage Charges

Prosecutors left empty handed after a three-week trial against a pair of Silicon Valley engineers accused of stealing their employer's trade secrets with venture-fund backing from the Chinese government.
Class Action Target Turns Tables on Ropers

Ropers, Majeski and partner Thomas Clarke Jr. are being sued for defamation, thanks to comments he made on YouTube. Now the firm and lawyer want the suit against them dismissed as a SLAPP.

Chicago IP Litigation Blog
Seventh Circuit Pattern Trademark Jury Instructions

20 Nov 2009 | 2:33 am

Click here for the Seventh Circuit's new proposed pattern trademark jury instructions.* The committee that prepared the instructions included Northern District of Illinois Judges Kendall and Kennelly, as well as a broad spectrum of attorneys from academic, government and private practice. The pattern instructions are impressive for their thoroughness. They are also very well cited, making them an excellent primer on Seventh Circuit trademark law. Of particular note, the instructions do not include a dilution instruction because since Congress's 2006 revision of the dilution…
Joint Authors Must Share Profits of Their Derivative Works

18 Nov 2009 | 2:56 am

Donovan v. Quade, No. 05 C 3533, Slip Op. (N.D. Ill. Oct. 15, 2009) (Nolan, Mag. J.) Judge Nolan granted in part defendants/counterplaintiffs’ motion for summary judgment in this copyright suit. Initially, the Court deemed admitted all of plaintiff’s properly supported supplemental statements of material fact because defendants failed to factually support their denials of the facts pursuant to Local Rule 56.1(b)(3)(B). The plaintiff and individual defendant were co-authors of the well-known play Late Night Catechism (“LNC”) and its primary character…
Court Stays Claims re One Patent, but Other Patent Claims Proceed

16 Nov 2009 | 2:52 am

Se-Kure Controls, Inc. v. Senneco Sol’ns., Inc., No. 08 C 6075, Slip Op. (N.D. Ill. Oct. 23, 2009) (Holderman, C. J.) Chief Judge Holderman stayed the case as to plaintiff Se-Kure Controls’ ‘590 patent while Se-Kure appealed Judge Guzman’s invalidity decision regarding the ‘590 patent. The Court, however, did not stay the case as to Se-Kune’s other two patents-in-suit - the ‘807 and ‘822 patents. The Court held that defendant Senneco would be prejudiced by a delay as to the ‘807 and ‘822 patents. And the appeal as…

Ohio Employer's Law Blog
WIRTW #104

Jon Hyman

20 Nov 2009 | 5:29 am

This week’s review starts with a bunch of recent reports and statistics that shed some light on employment practices: Paul Secunda, at the Workplace Prof Blog, discusses a recent General Accounting Office study that “many employers do not report workplace injuries and illnesses for fear of increasing their workers’ compensation costs or hurting their chances of winning contracts.” The Washington DC Employment Law Update, on the EEOC’s Performance and Accountability Report FY 2009 [PDF]. What’s more interesting to me than the fact that the EEOC had its 2nd busiest year ever, is…
OSHA offers Black Friday guidance for retailers

Jon Hyman

19 Nov 2009 | 5:41 am

Planning to hit next week’s Black Friday sales? Hoping to avoid being trampled like a Pamplona encierro? Luckily for you, our Department of Labor has come to your rescue. OSHA has release a fact sheet on Crowd Control Safety Tips For Retailers [PDF]. According to the Fact Sheet: OSHA has prepared these guidelines to help employers and store owners avoid injuries during the holiday shopping season, or other events where large crowds may gather. OSHA’s tips include: Having trained security personnel or police officers on site. Setting up barricades or rope lines for pedestrians and crowd…
GINA takes effect Saturday, November 21

Jon Hyman

18 Nov 2009 | 5:28 am

Next week, we will all gather around the dining room table and share what we are thankful for. Next week also brings employers something that they may not be thankful for – a new employment law to comply with. The Genetic Information Nondiscrimination Act, which President Bush signed into law 18 long months ago, finally takes effect Saturday, November 21. Let’s take a quick look at what GINA means for businesses with 15 or more employees (its coverage limit). GINA adds “genetic information” to the list of classes of employees protected by the federal employment discrimination laws.

Law Vibe
Pharmaceuticals Summary Judgment: Graceway v. River’s Edge

C. C.

16 Nov 2009 | 1:47 pm

Graceway sells prescription benzoyl peroxide, Benziq, for treating acne. River’s Edge markets a benzoyl peroxide product, Benprox, created specifically to compete with Benziq. They’re both available as a 5.25% wash and 5.25% and 2.75% gel. Graceway sued over River’s Edge’s allegedly false and misleading promotion of Benprox as “generically equivalent or otherwise substitutable” for Benziq, and over allegedly false representations on Benprox’s label about active ingredient strength, dosage form, and expiration date. River’s Edge sent new product submission forms to various…
10 Rules for Law Firm Retreats: How to Maximize Productivity, Usefulness, and Fun

C. C.

11 Nov 2009 | 12:57 pm

Whether your next law firm retreat takes place at a tropical location or in the firm’s conference room, there are several things to keep in mind to make it productive, useful and fun. Here are my Ten “Rules” for law firm retreats. Feel free to add your own in the comments. Enjoy! 1. When planning a retreat, the most important voice at the table should belong to your best clients. Ask them what you need to improve upon in the coming year, and invite them if you dare. 2. At a good retreat, firm management spends as much time listening to the lawyers as they do talking to them. At a great…
Vanity Fair Test Applied to the Lanham Act to Activities Abroad

C. C.

7 Nov 2009 | 10:49 am

I think this is an unusual decision, so if you know of similar ones, please send them along. A Southern District of New York court last week denied reconsideration of its refusal to dismiss a 43(a) false advertising claim arising from activities in Germany. In so doing it adopted an expansive view of the reach of the false advertising provisions of the Lanham Act and of what constitutes ‘commerce’ under the Act (matched by, in my view, few other cases, most notably the Casino du Monte Carlo decision from the Fourth Circuit). The three prong Vanity Fair test is the well-settled…

Mediation Channel
For mediators, negotiators: recommended social and brain sciences blogs

Diane Levin

20 Nov 2009 | 1:29 pm

If you’re fascinated by the role that science plays in exploring and illuminating human behavior and decision making, the internet offers outstanding choices for the discerning reader and dedicated negotiator. I highly recommend the following sites: Brains on Purpose. Lawyer and mediator Stephanie West Allen discusses the insights neuroscience offers into the resolution of conflict. Cognitive Daily. This engaging and informative blog reports on the latest research on cognition, and also invites readers to participate in fun weekly studies. Neuroethics and Law Blog. This scholarly blog…
One reason why mediation trainers should use Twitter

Diane Levin

20 Nov 2009 | 12:43 pm

For those of you still on the fence about whether or not to join Twitter, the popular social media and networking site, there’s one reason why you might want to sign up, at least if you’re a mediation trainer: you’ll find out what the participants really think about the program. Twitter conveniently allows users to search for updates containing particular words or phrases – a good way to monitor your brand, or get candid feedback about a program or services.
Twitter, LinkedIn, and blogging: 3 mistakes to avoid as you negotiate social media

Diane Levin

17 Nov 2009 | 1:06 pm

A compellingly attractive aspect of all forms of social media – whether blogging, LinkedIn, Facebook, Twitter, or others – is their relative ease of use. Within moments, anyone with internet access and no technological ability whatsoever can leap confidently into the driver’s seat of social media. Thanks to user-friendly platforms like Twitter, Wordpress, or Blogger, social interaction online is a mere click of the mouse away. This is not to say that social media is without difficulty or nuance. Each form demands observation of custom or etiquette. These themselves are no more…

Settle It Now Negotiation Blog
Favorite Thanksgiving Family Conflicts: the Ice Storm

20 Nov 2009 | 6:36 pm

I'd like to challenge all my favorite dispute resolution bloggers to find and post their favorite Thanksgiving Family Conflict Scenes in the movies. Above - an era within the memory of some of us who were too young for the "key parties" but too old for the behavior depicted here. Still, I DO remember the times, as well as the terribly unfortunate clothing and hair-styles.
Southern California's Best Lawyers 2010 ADR Edition

20 Nov 2009 | 3:04 pm

2010 Best Lawyers ADR Services, Inc. Neutrals Victoria Pynchon Ralph O. Williams, III Eleanor Oths Barr Denise R. Madigan Eugene Charles Moscovitch Click on logo for entire issue, including JAMS and other Best Lawyer Neutrals. Click on the image above for the National Annual Best Lawyers ADR Guide which includes not only colleagues at ADR Services but also throughout the Southern California ADR community including: Deborah Rothman Jeff Kichaven Jay McCauley Les J. Weinstein Laurel G. Kaufer Janet Rubin Fields Gig Kyriacou Douglas E. Noll and many others whose names you'll…
How Not to Kill Your Relatives This Thanksgiving

15 Nov 2009 | 8:05 am

I kicked off a recent Thanksgiving holiday season by having an argument with my friend and neighbor the rocket scientist about extraordinary rendition and the effect of immigrant workers on the economy. I knew I'd lost all sense of perspective around midnight as I continued searching for and emailing Tony articles that proved me right, while Mr. Thrifty snored softly beside me, intermittently awakening to say "I thought you said you were going to go to sleep?" Embarrassing, but true. A little more than a week from today, tens of…

idealawg
Interview of a neuroscientist - Learning, Doing, Being: A New Science of Education

StephanieWestAllen

19 Nov 2009 | 2:22 pm

Click to listen to this interview of Adele Diamond. From the Web page:What Adele Diamond is learning about the brain challenges basic assumptions in modern education. Her work is scientifically illustrating the educational power of things like play, sports, music, memorization and reflection. What nourishes the human spirit, the whole person, it turns out, also hones our minds.Do you think our method of education needs to be changed?Note: Click to read many of Diamond's publications. And here's a New York Times article that includes her work: "Can the Right Kinds of Play Teach…
Some articles for you mediators

StephanieWestAllen

19 Nov 2009 | 9:59 am

Thanks, SSRN. "The Four Ways to Assure Mediator Quality (and Why None of Them Work)" "Caucus with Care: The Impact of Pre-Mediation Caucuses on Conflict Resolution" "'I' Before 'E', Except in Mediation: Training Introverts to Use Extroverted Techniques to Become Stronger Mediators"
Article from Cardozo Journal of Conflict Resolution: "Venting or Vipassana? Mindfulness Meditation's Potential for Reducing Anger's Role in Mediation"

StephanieWestAllen

19 Nov 2009 | 6:41 am

I am adding another article to the growing collection of articles and resources focused on contemplative lawyering and mindfulness in the law. This one is entitled "Venting or Vipassana? Mindfulness Meditation's Potential for Reducing Anger's Role in Mediation" [PDF].

Conflict Zen
How category errors make you a less effective conflict resolver

Tammy Lenski

18 Nov 2009 | 12:56 am

Imagine that it’s two o’clock in the morning and this happens: Your doorbell rings; you get up, startled, and make your way downstairs. You open the door and see a man standing before you. He wears two diamond rings and a fur coat, and there’s a Rolls Royce behind him. He’s sorry to wake you at this ridiculous hour, he tells you, but he’s in the middle of a scavenger hunt. His ex-wife is in the same contest, which makes it very important to him that he win. He needs a piece of wood about three feet by seven feet. Can you help him? In order to make it worthwhile…
What great conflict resolution is all about

Tammy Lenski

16 Nov 2009 | 7:56 am

I live just down the road from the MacDowell Colony, the nation’s leading artist colony with a rich history of nurturing some of the greatest talents of the past century. My brother’s been a colony fellow twice, long before we lived in NH. I was watching a new short video about the colony and it ended with this line quoted from Marian MacDowell, wife of composer Edward MacDowell and the driving force behind the creation of the Colony in 1907: “My purpose was to prevent the non-writing of a great poem.” That’s just brilliant. And I thought, ah, that’s what…
Negotiation tips for tough economic times

Tammy Lenski

5 Nov 2009 | 7:09 am

WMUR, New Hampshire’s ABC news affiliate, interviewed me for a feature negotiation tips story that aired earlier this week. We discussed ways to renegotiate rates on everything from credit cards to cable television, tips for negotiating a car purchase at a competitive price, and set the record straight on a few negotiation myths. Following the interview, I had a chance to coach someone for a few minutes and she then put my negotiation coaching immediately to work in a call to her cable company. Five minutes of coaching and almost $200 saved on her annual cable bill. Not bad. Here are…

Gini Nelson's Engaging Conflicts
Lemon Law: Five Things You Should Know – Part 5 — EngagingConflicts.com

Gini

12 Nov 2009 | 1:50 pm

This is the last of a series entitled “Lemon Law: 5 Things You Should Know.” It is written by Sergei Lemberg, who is an attorney who specializes in lemon law. His site, Lemon Justice, offers detailed information about lemon laws, as well as an interactive Lemon Meter for consumers who want [...]
Lemon Law: Five Things You Should Know – Part 4 — EngagingConflicts.com

Gini

12 Nov 2009 | 1:48 pm

This is part of a series entitled “Lemon Law: 5 Things You Should Know.” It is written by Sergei Lemberg, who is an attorney who specializes in lemon law. His site, Lemon Justice, offers detailed information about lemon laws, as well as an interactive Lemon Meter for consumers who want to [...]
Lemon Law: Five Things You Should Know – Part 3 — EngagingConflicts.com

Gini

12 Nov 2009 | 1:45 pm

This is part of a series entitled “Lemon Law: 5 Things You Should Know.” It is written by Sergei Lemberg, who is an attorney who specializes in lemon law. His site, Lemon Justice, offers detailed information about lemon laws, as well as an interactive Lemon Meter for consumers who want to [...]

CKA Mediation and Arbitration Blog
At Least the Lead Role isn’t Brad Pitt or Orlando Bloom

Christopher Annunziata

30 Oct 2009 | 12:32 pm

or some other guy that women find “dreamy” or “hunky.” Sarah Shahi lands role as divorced lawyer who becomes a mediator.
The Joys of Dealing With the Pro Se Party – Part 1

Christopher Annunziata

26 Oct 2009 | 6:06 am

Sometimes, my job is somewhat humorous, which is a relief because a lot of the time I am dealing with people in stressful situations. Every time I come home with one of these stories, my lovely wife suggests that I save them and write a book. Maybe someday I will do that. Until then, I will tell them here. Of course, there is always the difficulty of maintaining confidentiality with respect to these stories and I will try my best to obfuscate a few facts to protect the innocent those who need protection. I should have known that it was going to be a weird one when the ADR office…
Thank you Strategic Mediator

Christopher Annunziata

21 Oct 2009 | 11:26 am

Once again, I am honored and humbled by the recognition of my colleagues in the ADR blogging community. Please take some time to visit Sandra Upchurch and her excellent blog at http://uwwm.blogspot.com/. And once again, it reminds me that I need to get back to writing. I have a story in the can, and I think enough time has passed to post it this week (even though I think I thoroughly obfuscated it for confidentiality). C

CaseDetails.com
Syndicated Content “Duplicate”?

jclayc

1 Nov 2009 | 4:03 pm

I was recently asked if syndicating or licensing content would have a negative impact on the author website’s rankings. Was syndicated content seen as duplicate content? My answer may be useful to others, so here it is in a nutshell: Maliciously duplicated content (with the intent to deceive through redirects, multiple pages on the same domain, [...]
Analytics Bounce Rate

jclayc

28 Oct 2009 | 6:31 pm

A metric that’s increasingly discussed is “bounce rate” – this is largely due to the fact that it’s featured as a statistic on the first report page of Google Analytics accounts. What is bounce rate, how is it useful and are there similar metrics that are useful for understanding your website? In February 2009, [...]
Easy Content

jclayc

7 Oct 2009 | 2:43 pm

When working on a law firm SEO campaign, one of the trouble spots can sometimes be finding content. A lawyer’s time is valuable and, as a service provider, my team can’t spend all day with an attorney asking him/her for details of the practice. So the challenge becomes creating quality, easy content about [...]

Privacy Law Blog
Innocent Mall Shoppers, You're Off the Hook: Federal Agencies Release Model GLBA Privacy Notice Form

20 Nov 2009 | 5:57 pm

On November 17, 2009, eight federal regulatory agencies released their final model privacy notice form that is intended to make it easier for consumers to understand how financial institutions collect and share information about them. The model privacy notice form, which features a version that offers consumers an opt-out and one with no opt-out, represents the culmination of extensive research and testing by the various agencies, which included a nationwide mall-intercept study (see our previous post here), and their analysis of public comments on the model form first proposed on…
Massachusetts Finally Finalizes Data Security Regulations - We Think

2 Nov 2009 | 3:16 pm

In response to feedback received at a public hearing held in September, the Massachusetts Office of Consumer Affairs and Business Regulation has released what it purports to be final regulations under Massachusetts' "Act Relative to Security Freezes and Notification of Data Breaches," which was enacted in Jul 2007. Regulation 201 CMR 17.00 ("Standards For The Protection of Personal Information of Residents of the Commonweath") was previoulsly amended in August in response to industry backlash. This week's final amendments make very few changes to…
We Were Wrong About the Third Time Being A Charm: FTC Delays Enforcement of Red Flags Rule Yet Again

30 Oct 2009 | 6:45 pm

Today, at the urging of Members of Congress, the Federal Trade Commission (“FTC”) announced that it will delay enforcement of its Red Flags Rule for the fourth time. Financial institutions and creditors subject to enforcement by the FTC will now have until June 1, 2010 to develop written policies and procedures to detect and respond to so-called identity theft “red flags.” The FTC’s announcement does not impact the separate timeline of the proceeding we reported on here (in which the U.S. District Court for the District of Columbia ruled that the Federal Trade…

Lawyers, Guns and Money
Going Rogue, Chapter 3

davenoon

20 Nov 2009 | 11:05 pm

I realize this is a pedantic complaint, but would it be possible for Sarah Palin to launch her chapters with epigraphs that aren't of dubious origin?The first chapter, for example, opens with a quotation from Lou Holtz that the former football coach apparently wrote exclusively for this book. (Alas, as it turns out, Palin and her ghostwriter were simply mangling a nearly identical aphorism that -- while always attributed to Holtz -- never leads back to an actual source and only appears in "inspirational" books of quotations.)Chapter Two is introduced by a fake quote from Aristotle, who never…
Friday cat blogging: Beau

djw

20 Nov 2009 | 9:34 pm
Pishtacos

djw

20 Nov 2009 | 8:33 pm

From the "subplot excised from The Road for being too disturbing and creepy" file:Four people have been arrested in Peru on suspicion of killing dozens of people in order to sell their fat and tissue for cosmetic uses in Europe.The gang allegedly targeted people on remote roads, luring them with fake job offers before killing them and extracting their fat.The liquidised product fetched $15,000 (£9,000) a litre and police suspect it was sold on to companies in Europe.At least five other suspects, including two Italian nationals, remain at large.Police said the gang could be behind the…

Avvo Blog
Mid-Atlantic Tour Recap

Mark Britton, CEO

18 Nov 2009 | 1:27 pm

Well, another great Avvo Tour. This time we had the pleasure of giving five speeches in four days in the mighty cities of DC, Baltimore, Philadelphia and New York. Once again, we learned all sorts of things on this trip. Let me offer a few: 1. We bring the rain wherever we go. Florida had the downpour. The Northeast just had Seattle-like cloudy skies and drizzle the whole time. While this made us feel at home, no Seattleite really wants to feel at home when they are on the road – just as no Siberian wants to feel at home on the road. We need sun man! 2. Carolyn Elefant draws a crowd.
Florida Bar Settles Suit Over Avvo Client Reviews

Josh King, VP of Business Development and General Counsel

17 Nov 2009 | 1:38 pm

Florida may have a lot of onerous ad regulation, and it may sometimes take a lawsuit to affect change in the Sunshine State, but they’ve made a change for the better today: In settling a suit brought by Florida lawyer Joel Rothman and Public Citizen, Florida has agreed to exempt online directories such as Avvo from most of its ad rules. Last year, the Florida Bar held that members may run afoul of the state’s prohibition on testimonial advertising by having client reviews on Avvo. Problem is, attorneys don’t control the client reviews on Avvo. Part of Avvo’s mission of…
How Two Lawyers Invented Spam in 1994

Nick

13 Nov 2009 | 10:32 am

Ever wonder who invented internet spam? If you were thinking an enterprising teenager in a dark basement or maybe even a group of misfits in a foreign country, you’d be wrong. It was, unfortunately, a pair of US lawyers who invented spam in 1994. That’s right, on April 12, 1994 Laurence Canter and Martha Siegel, a pair of immigration lawyers from Arizona, invented commercial internet spam. The story of Laurence Canter and Martha Siegel In 1994 the Web as we know it today didn’t really exist. Instead, people interacted through a bulletin board system, called Usenet, which was a…

TVC Alert
Everything Has an End

(24 Jul) To paraphrase Shakespeare, the inaudible and noiseless foot of time passes almost without notice. Indeed, the past 12 years, spent writing about research strategies and resources...
Resources: None Today

The Virtual Chase
Supreme Court Halts Expansion of False Claims Act Liability

(24 Jun) The U.S. Supreme Court recently made plain that whistleblowers' allegations will be scrutinized more closely.
DOJ Is Aggressively Enforcing Foreign Corrupt Practices Act

(24 Jun) Enforcement of the Foreign Corrupt Practices Act (FCPA) is increasing dramatically. Recent Department of Justice (DOJ) actions demonstrate that it is imperative that companies maintain robust compliance programs or risk criminal exposure and substantial penalties.

Lawyers.com Blog
What Information Will Your Medical Malpractice Attorney Need?

20 Nov 2009 | 4:29 pm

When you begin the process of filing a lawsuit for malpractice in Newark, your lawyer will need some information. Telling your side of the story is the first step. After that you will need to give your malpractice attorney a variety of documents and paperwork to help determine whether a medical malpractice case exists.What to bring to your lawyerThe most crucial information for your lawyer pertaining to the malpractice case is your complete medical records. Your medical records are considered your personal property, and you have the right to get a copy from your doctor if you ask for it. The…

Connecticut Employment Law Blog
Appellate Court Dismisses Claims Against State On Sovereign Immunity and Exhaustion of Administrative Remedies Grounds

20 Nov 2009 | 10:48 am

In a decision that will be officially released on Tuesday, November 24th, the Connecticut Appellate Court has ruled that wrongful termination and breach of implied contract claims cannot be brought against the State of Connecticut due to the protections of sovereign immunity. The case Ware v. State of Connecticut (download here), will be of greater interest to private employers because it also held that the employee did not file a hostile work environment or retaliation claim first with the CHRO -- the state agency responsible for investigating such complaints -- and therefore was…
"Are You My Employee?" Webinar on Independent Contractors and More Now Available for Download

19 Nov 2009 | 10:49 am

My sincere thanks to my colleague, Joshua Hawks-Ladds for being the featured speaker today in the continuing monthly webinar series we've been doing on hot topics in employment law. This month's webinar focused on the unintended employment relationship; in other words, everything you wanted to know about temps, independent contractors and even franchisees (and their employees). We had another great turnout and some great questions. Through the wonders of technology, even if you missed it earlier, you can still get the benefits of the webinar. You can download the audio/video of the…
New Connecticut Law Requires Employers to Protect Employment Applications From Disclosure

18 Nov 2009 | 9:48 am

Buried in a new law regarding identity theft is a provision that requires employers to protect employment applications from being disclosed. (Hat tip to my colleague Jennifer Willcox for pointing this out.) The law (Public At 09-239), which went into effect on October 1, 2009, states that "Each employer shall obtain and retain employment applications in a secure manner and shall employ reasonable measures to destroy or make unreadable such employment applications upon disposal. Such measures shall, at a minimum, include the shredding or other means of permanent destruction of such…

CaseDetails.com
Syndicated Content “Duplicate”?

I was recently asked if syndicating or licensing content would have a negative impact on the author website’s rankings. Was syndicated content seen as duplicate content? My answer may be useful to others, so here it is in a nutshell: Maliciously duplicated content (with the intent to deceive through redirects, multiple pages on the same domain, [...]
Analytics Bounce Rate

A metric that’s increasingly discussed is “bounce rate” – this is largely due to the fact that it’s featured as a statistic on the first report page of Google Analytics accounts. What is bounce rate, how is it useful and are there similar metrics that are useful for understanding your website? In February 2009, [...]
Easy Content

When working on a law firm SEO campaign, one of the trouble spots can sometimes be finding content. A lawyer’s time is valuable and, as a service provider, my team can’t spend all day with an attorney asking him/her for details of the practice. So the challenge becomes creating quality, easy content about [...]

THE BIZOP NEWS
FTC Settlements Bar Deceptive Online Marketing

bizop

19 Nov 2009 | 6:31 pm

Image via WikipediaFrom the FTC Press Release on Commerce Planet's deceptive negative option plan.An online marketer of purportedly "free" Internet auction kits, which automatically charged unwitting consumers $59.95 a month for enrollment in an "online supplier" program for Internet auctions, has agreed to settle Federal Trade Commission charges that its actions violated federal law. The separate proposed court settlements with the company and two of its former executives bar them from similar deceptive conduct in the future, and require them to make specific disclosures to ensure consumers…
Schoemaker and Yu Make Up

bizop

19 Nov 2009 | 5:37 pm

Image via WikipediaMr. Schoemaker and Mr. Dennis Yu have been making up stories about each other. Mr. Schoemaker accuses Mr. Yu of being a confidence criminal."A couple days ago I posted my personal story with Dennis Yu. The post I wrote was the longest post ever written on ShoeMoney.com. Over 4,000 words. This guy is a very dangerous person and I wanted to tell the entire story in as much detail as possible even if some of it was really embarrassing to me. You CAN'T give con men any room to go anywhere and the only real way to stop them is to get the truth out."Mr. Yu had said earlier,…
What is the Con Here?

bizop

17 Nov 2009 | 4:16 pm

Image by Getty Images via DaylifeI will walk you through how these online scams work on Facebook and other social networks - the mechanics of how the money is made, some of the people involved, and who is actually clicking on ads. If you're reading this article, there is a good chance that you are not the type of person actually clicking on these spam ads, but are you curious as to who actually is?This is from Techcrunch, Dennis Yu confessing to using deceptive marketing tactics to make money from advanced phishing techniques.I found the article moderately interesting. Social…

JD Supra Hot Docs - Newsworthy Legal Filings From the Source
In Re NSA Telecommunications Records Litigation (document relates soley to Al-Haramain v. Obama): Plaintiffs’ Notice Of Submission To Court Of Appeals

Electronic Frontier Foundation

19 Nov 2009 | 7:38 am

Case Name: In Re NSA Telecommunications Records Litigation (document relates soley to Al-Haramain v. Obama) Document Name: Plaintiffs’ Notice Of Submission To Court Of Appeals Post Date: 11/19/2009 Filing Date: 11/11/2009 Document Summary: This case alleges targeting of the leaders of an Islamic charity and their lawyers by the admitted, targeted warrantless wiretapping by the NSA. It is based on a document that was accidentally disclosed to the plaintiffs by the government that the plaintiffs allege demonstrates that they were subjected to warrantless wiretapping (the exact facts are held…
In Re NSA Telecommunications Records Litigation (document relates soley to Al-Haramain v. Obama): Government Defendants' Notice of Submission To Court of Appeals

Electronic Frontier Foundation

19 Nov 2009 | 7:31 am

Case Name: In Re NSA Telecommunications Records Litigation (document relates soley to Al-Haramain v. Obama) Document Name: Government Defendants' Notice of Submission To Court of Appeals Post Date: 11/19/2009 Filing Date: 11/10/2009 Document Summary: This case alleges targeting of the leaders of an Islamic charity and their lawyers by the admitted, targeted warrantless wiretapping by the NSA. It is based on a document that was accidentally disclosed to the plaintiffs by the government that the plaintiffs allege demonstrates that they were subjected to warrantless wiretapping (the exact…
DeJetley v. Kahoohalahala: Reply Brief for the Appellants

Robert Thomas

16 Nov 2009 | 11:40 am

Case Name: DeJetley v. Kahoohalahala Document Name: Reply Brief for the Appellants Post Date: 11/16/2009 Filing Date: 11/16/2009 Document Summary: This is the final brief in DeJetley v. Kahoohalahala, No. 29929, the appeal now pending in the Hawaii Supreme Court regarding the Lanai member of the Maui Council who is alleged to not be a resident of Lanai as required by the county charter.Section 3-3 of the Charter provides that "If a council member ... ceases to be a resident of the council member’s residency area during the council member’s term of office, or if a council member is…

Special Education Law Blog
More on Standards of Care for Disability Categories- a Responsible Opposing Viewpoint

Jim Gerl

18 Nov 2009 | 10:53 am

We have some great readers. Hers is just one example: I ran a post a few days back on the recommendations for changes to IDEA by the National Association of Secondary School Principals. You can view that post here. They had some good ideas, I felt, but I took them to task on the idea of standards of care for each disability category. I still believe that I am correct, but I received an email suggesting that there is another side. The response was very thoughtful and well-reasoned, so I thought I would share it with you. As the comment shows, there may be more merit to the principals idea than…
Charter Schools & Special Education: Part II

Jim Gerl

16 Nov 2009 | 11:23 am

This is the second in a series of posts on charter schools inspired by the excellent, recent law review article by my friend professor Mark Weber. You can read the first post in this series here. Professor Weber's article may be found here.The number of charter schools is clearly on the upswing. In fourteen communities moImage by gothamschools via Flickrre than one-fifth of all public school students attend a charter school. In three major urban areas, more than 30% of all public school kiddos are in charter schools: Detroit (32%); Washington DC (36%) and New Orleans leads the league with…
Service Dog Wins Lawsuit; Illinois Court Rules

Jim Gerl

14 Nov 2009 | 8:40 am

A court in Douglas County, Illinois has ruled that Kaleb Drew, a first grader with autism can have his service dog attend classes with him. The final injunction was issued by the trial court last week. Here is the news story from radio station WGIL. Thanks to alert Facebook special education law group member Julie Kelley for the heads up.Image via WikipediaThis should not be confused with the case in the Illinois appellate court. There the circuit court of Monroe county, Illinois issued an injunction permitting Carter Kalbfliesch to have his service dog with him in class. The appellate court…

Drug Injury Watch
Drug Industry Document Archive (DIDA) Adds 15 More Pharma-Related Documents To Collection In November 2009

Tom Lamb

20 Nov 2009 | 1:36 pm

This Archive Contains Some "Secret" Documents Only Made Public In The Course Of Lawsuits Filed Against Pharmaceutical Companies (Posted by Tom Lamb at DrugInjuryWatch.com Created and maintained by the University of California at San Francisco (UCSF), the Drug Industry Document Archive (DIDA) contains over 1500 documents, many of which were previously secret and only made public as a result of lawsuits filed against drug companies. In September 2009 Kim Klausner, who is the Tobacco Digital Library Manager at UCSF, kindly sent us an email notification about the addition of some Wyeth…
Consumers Union’s Safe Patient Project Forum Webcast: “To Err Is Human, To Delay Is Deadly”

Tom Lamb

17 Nov 2009 | 5:33 am

Marks 10th Anniversary Of IOM Study On Medical Errors And Raises Concerns About Lack Of Progress (Posted by Tom Lamb at DrugInjuryWatch.com The Consumers Union’s Safe Patient Project (formerly Stop Hospital Infections) is holding a forum, “To Err Is Human, To Delay Is Deadly,” in Washington, DC, today,Tuesday, November 17, 2009, from 10 a.m. to 3:30 p.m. EST. There is a free live webcast on this “To Err Is Human, To Delay Is Deadly” forum on the day of the event. If you cannot tune in then, a recording of this forum webcast will be available up to a year after this date. The…
Anemia Drugs Procrit And Aranesp May Increase Twofold The Risk Of Potentially Fatal Blood Clots

Tom Lamb

11 Nov 2009 | 1:45 pm

Results From Large Long-Term Study Show Association Between These Erythropoiesis-Stimulating Agents And Venous Thromboembolism(Posted by Tom Lamb at DrugInjuryWatch.com In late October 2009 we learned that the results from the Trial to Reduce Cardiovascular Events with Aransep Treatment (TREAT) indicated that the anemia drug Aranesp might cause an increased risk for stroke in patients with diabetes and chronic kidney disease. Just a couple of weeks later we have been presented with a possible explanation as to why this might be so. From a November 10, 2009 article by HealthDay reporter…

Bankruptcy Blog
Debts Not Discharged in an Arkansas Bankruptcy Case

admin

20 Nov 2009 | 5:00 am

Unfortunately, not all personal debt will be discharged by filing Chapter 7 or Chapter 13 Bankruptcy. The types of debts which are not discharged are outlined at the federal level in the United States federal bankruptcy code. If you live in the state of Arkansas, the following debts will not be discharged. Federal, state and local taxes. May be subject to specific time rules. Spousal Support/Alimony Child Support Payments Most Student Loans Mortgage Liens Certain types of purchases for luxury items within 90 days of filing Secure Debt Penalties and fines by government agencies Fraud committed…
Filing Chapter 13 Bankruptcy in Arkansas

admin

18 Nov 2009 | 6:00 am

If you do not pass the means test or if you have assets that you would like to keep, Chapter 13 Bankruptcy may be your best option. Chapter 13 Bankruptcy does not immediately discharge debt but will require you to pay at least a part or all of your debt to your creditors over a three to five year repayment period. If you are considering filing Chapter 13 Bankruptcy in Arkansas, an Arkansas Bankruptcy Lawyer will work with you to file your bankruptcy petition, and help you develop your three to five year bankruptcy repayment schedule. Certain assets are considered exempt from the bankruptcy…
Filing Chapter 7 Bankruptcy in Arkansas

admin

17 Nov 2009 | 5:12 am

In 2005, new bankruptcy laws were passed by the United States Congress to encourage more individuals to pay off all or a percentage of their personal debt by filing Chapter 13 Bankruptcy. As a result, many individuals no longer qualify to file Chapter 7 Bankruptcy. Chapter 7 Bankruptcy is a liquidation bankruptcy where a debtor (individual, corporation, couple or partnership) can have most of their unsecured debt obligations discharged. Under Chapter 7 Bankruptcy, a trustee will be assigned to your bankruptcy case and the trustee will sell your non-exempt assets and distribute the proceeds to…

Higgins and Associates
Mortgage Delinquencies At Record Highs

I read today that the delinquency rate on home mortgages is at a record high, despite the fact that the United States is suppose to be headed out of the "Great Recession". A report released by the Mortgage Bankers Association shows that the housing market has a few more bumps to ...
Federal Judge Says Email Not Be Protected By 4th Amendment

A Federal judge in Oregon has ruled that the government doesn't have to notify someone when they access and search a Web-based email account. U.S. District Judge Michael W. Mosman writes in his opinion - "When a person uses the Internet, however, the user’s actions are no longer in his or ...
A Survival Guide To Debt

Just a little off topic for my blog. Well maybe not off topic, but straying toward helping people with financial problems before they need a bankruptcy attorney. A good friend of ours at the firm, Mitchell L. Allen, released a book this summer called A Survival Guide To Debt: How to ...

Asbestos HUB
Australian Researchers Pioneering New Mesothelioma Treatment Using Radiotherapy

Thomas J. Lamb at AsbestosHUB.com

18 Nov 2009 | 10:37 am

Australian researchers have innovated a new mesothelioma treatment using radiotherapy rather than chemotherapy, and the results are looking good. Radiation Oncologist Dr. Malcolm Feigen has developed a new technique for treating mesothelioma, a terminal cancer caused by asbestos exposure. This breakthrough technique is called radiotherapy. So far researchers have found that there is a staggering improvement in the patients using radiotherapy than those treated only by chemotherapy. Dr. Feigen reports that there have been no major side effects but some patients are having long-term benefits.
Large Asbestos Jury Verdict For Mesothelioma Victim Reversed By Florida Appeals Court

Thomas J. Lamb at AsbestosHUB.com

3 Nov 2009 | 10:37 am

As we reported back in Spring of 2008, a Miami-Dade County jury found Honeywell International negligent for selling asbestos brakes awarding Stephen E. Guilder and his family almost $24.2 million. Asbestos News Minute covered this story, as well. Now, after Mr. Guilder’s death and over a year later, Florida’s 3rd District Court of Appeal has reversed this decision. The Daily Business Review reports, from Law.com: The 3rd DCA reversed on several grounds, agreeing with Honeywell that Senior Judge Richard Yale Feder erred by allowing into evidence a prejudicial letter from a Bendix…
Estate Of Niagra Falls Plant Worker Awarded $2.25 Million In Asbestos Lawsuit

Thomas J. Lamb at AsbestosHUB.com

26 Oct 2009 | 5:52 am

Almost 4 years after his death, a worker from the Niagra Falls Hooker Chemical plant gained victory over Fisher Controls, a St. Louis-based supplier of industrial control valves. The plant worker was diagnosed with mesothelioma after working on these valves for 18 years. The valves contained gaskets made of asbestos. Most disturbing is that the company knew of asbestos’ deadly effects as early as 1946, 40 years before this Niagra Falls man had worked with the valves, and still did nothing. They made no effort to provide warning to those using their product. Thus the jury decided to…

Lowering the Bar
Man Tests Police by Dressing to Match Suspect's Description

Kevin

20 Nov 2009 | 12:09 am

I can remember times when I was really, really bored. I mean, really bored. But I don't think I've ever been so bored that I even considered checking a police scanner to get a description of somebody the police were looking for, and then dressing up like that person to see what would happen. Sure, it sounds like fun, and not at all dangerous, but I would probably just turn on the PlayStation instead. But maybe PlayStations are hard to come by in Redding, California. On November 16, police there were looking for a man who witnesses said was wearing khaki pants and a San Francisco…
Joe Francis Sentenced to Time Served, Is Now Free to Sleaze Again

Kevin

18 Nov 2009 | 11:12 am

Joe Francis, the Girls Gone Wild founder -- or as Gawker.com described him, the "alleged arm-twisting sexual aggressor and loathsome Girls Gone Wild founder" -- was sentenced on November 7 to time already served, and was released into the wild to go back to stalking your daughters. (I think I find this so irritating partly because it makes it that much more difficult for me to stalk them. Nothing more awkward than running into another stalker while you are just minding your own business trying to get some stalking done. Get your own!) Francis had been faced with a trial this month…
UPDATE: Amended Complaint in Dolphin Case Also Points Finger at Algae

Kevin

18 Nov 2009 | 6:58 am

As you may recall, this summer a woman sued the Brookfield Zoo alleging she had fallen near the dolphin pool because the zoo had recklessly encouraged said dolphins to splash water out of said pool, making the floor slippery. Local sources reported recently that the plaintiff had amended her complaint to blame algae as well. Algae, as you know, are a large and diverse group of simple, typically autotrophic eukaryotes that conduct photosynthesis within membrane-bound chloroplasts that are similar to cyanobacteria and may in fact represent reduced cyanobacterial endosymbionts. They can also…

Taking the law into my own hands
Almost Halfway Done; Time to Register for Classes Again

Kyle Hulten

12 Nov 2009 | 1:09 pm

It's that time of semester again when things are really starting to get busy. Classes are still covering 40 pages a day and it's time to get some outlines done. I'm still enjoying all my classes, and I'm hoping that I can sign myself up for classes that are just as good next semester. The only mandatory class next semester is Legal Writing II. Unfortunately I didn't get into my LW I prof's class. I'm pretty bummed about that. My waitlist number is 23, and it's a 20 person class. I think those of us that had his class last year told too many of our peers what a good prof he is. But, the last…
Updates from School & The Never Ending Wheel of Sports

Kyle Hulten

17 Sep 2009 | 10:31 am

I seem to be as busy as ever this semester, despite taking one less class. Luckily, I'm still enjoying all my classes. Being busy is not so bad when you enjoy what you're doing. In addition to my classes, I've also been busy with the OCI process. (For non law schoolers OCI is On Campus Interviews - a process where local firms take applications from second year law students, choose a handful of students to interview, and then maybe hire one or two students for next summer.) I'm also still doing some research for my Torts professor on the use of silence against defendants. The Fifth Amendment…
Why Does Bruce Bochy Hate Giants Fans?

Kyle Hulten

2 Sep 2009 | 8:23 am

Just want to take a momentary break from the legal realm to explore this question that has been plaguing me for the last three months. Randy Winn got a start last night, instead of Nate Schierholtz, against a left handed pitcher. This happens all the time. I'm no baseball manager, but I do believe in statistics. Why doesn't Bruce Bochy play Nate Schierholtz? I'll tell you why, he hates Giants fans. He pencils in the lineup and makes 100,000 people watch an exercise in fuitility. After another 1-0 loss, I can't help but wonder if we would have won if Bruce Bochy didn't hate Giants…

Dallas Criminal Defense Lawyer Blog
Kaufman Bar Meeting- Elections and Insurance Disclosures

Robert Guest

20 Nov 2009 | 4:06 am

This past Wednesday was the final Kaufman County Bar meeting for 2009. What a difference a year makes. One year ago there was about a dozen lawyers at what was probably the 5th meeting of the year when Tracy Booker, myself, Keena Greling, and Lisa Gent were elected to office. Largely due to the hard work by President Booker and Secretary Greyling 2009 saw monthly meetings, each with CLE (and lots of those hard to get ethics hours) and a huge spike in attendance. Things are looking up, and more organized for the KC bar. So who will lead the KC bar into 2010? President- Keena Greling Vice…
Are Constable Raffles Illegal?

Robert Guest

15 Nov 2009 | 9:25 am

I was quoted in DMN today for an article on the Dallas Constables allegedly selling raffle tickets to finance their campaigns. My entire contribution, soup to nuts, was Robert Guest, a local criminal defense lawyer, said he believes the state's anti-gambling law prohibits elected officials from using raffles to raise campaign money. How did I come to that conclusion? It should come as no surprise that I've never actually represented someone for illegal raffling. Such prosecutions are rare. In fact, in my 6 years of lawyering I've never seen one. So when DMN calls and asks for my opinion on…
I'd rather have a bottle in front of me than a LEO Phlebotomy

Robert Guest

8 Nov 2009 | 4:49 pm

In an era of swine flu you would think that drawing blood in a jail, which are usually full of staph and other nasty bugs, would be verboten. Unfortunately police departments across Texas are giving cops a crash course in needle work and setting them loose to prey on the driving public. Does the Constitution provide any protection from police station blood draws? Or will we add yet another DWI exception to the Bill of Rights? This brings us to our case of the day from the Fort Worth Court of Appeals. Johnston vs. State- Facts- Christi Lynn Johnston was pulled over for having an expired…

ElderLaw Answers Blog
Is the End of the Decade the Fin de Siecle?

Margolis

17 Nov 2009 | 7:29 am

It’s only a little over a month until we leave the 2000s and enter the 2010s. We never came up with a good name for this first decade of the millennium, but it’s certainly been eventful, starting with millennial fears about computer meltdowns, continuing through 9/11, two wars in Afghanistan and Iraq, and a global financial meltdown. Many of us who got into elder law when it was young are now part of a mature specialty with more competition than ever. And we’re more mature as well. I see many more gray hairs and wrinkles at NAELA meetings, but also many fresh…
Don’t Leave the Hospital Sicker Than When You Entered

Margolis

12 Nov 2009 | 10:32 am

Hospitals are overwhelming, scary places typically run for their own convenience, not necessarily that of patients. Information is often difficult to come by. Given the different shifts nurses and doctors have and the schedules of family members visiting ill relatives, it is often difficult or impossible to get a complete and accurate picture of a patient’s condition and treatment. Forunately, Dr. Gail Gazelle, has written a short and usable pamphlet that patients and family members can use to achieve the best outcome from a hospital stay. Titled Don’t Leave the Hospital…
‘Tis the Season to be Generous, But to Which Charities?

Margolis

3 Nov 2009 | 10:17 am

Many individuals, companies and institutions make their most significant gifts to charities towards the end of the calendar year when they know how much money they have to spare. Last year was particularly tight for a lot of givers. Hopefully, more of us can be more generous this year. Choosing among the many charities that can make effective use of one’s generosity can be difficult. Should you give a little bit of money to many charities, or more to a few? If you are in business, should you choose charities that are aligned with the work you do and who may send more…

Law is Cool
Sexual assault sentencing

admin@lawiscoool.com (Omar Ha-Redeye)

20 Nov 2009 | 10:38 am

Quebec woman avoids jail for sex assault on son A 55-year-old woman has been given a conditional sentence, to be served in the community, for sexually assaulting her teenage son.
Cop Tasers 10 Year Old…

admin@lawiscoool.com (Omar Ha-Redeye)

20 Nov 2009 | 8:45 am

In a story that seems even more far fetched than an episode of “COPS” an Arkansas police officer has been suspended in part for applying his taser to a 10 year old girl. However, the oddest part to this story is not that the officer Dustin Bradshaw was suspended for using the taser, it was for not following police procedure in activating the video camera during the use of the taser. In another twist, the girls mother gave the officer permission to use the taser. When I read stories like this, I simply shudder. This use of the taser on a CHILD is a grossly negligent use of this…
Stripping of citizenship

admin@lawiscoool.com (Omar Ha-Redeye)

19 Nov 2009 | 10:12 am

Accused war criminal wins chance to keep citizenship An appeal court has ordered the federal cabinet to revisit its decision to strip accused Nazi war criminal Helmut Oberlander of his Canadian citizenship.

Real Lawyers Have Blogs
New blogs joining the LexBlog Network for the week of 11/16-11/20

20 Nov 2009 | 2:16 pm

It was a big week for LexBlog, as we have a six completely new blogs joing the LexBlog network with five others getting new designs. Proskauer Rose's three blogs received a sharp new look to match their new website and they even launched a new blog as well. Be sure to check out those, which have always had interesting content, and all the rest going up this week. Arkansas Electronic Energy Law is authored by authored by Arkadelphia attorney Eric Hughes of Hughes & Hughes Law firm. Their firm has extensive experience in a wide array of litigation matters, including representation of…
Best in Law Blogs : LexBlog Network : November 19, 2009

19 Nov 2009 | 4:38 pm

Ever wonder exactly where all the stimulus money is going? Do you wish a measly billion would get lost and accidentally end up in your checking account? Well, there's a tool for the first question, no help for the second. Deirdre Wheatley-Liss has an interesting post on a tool that tracks exactly where all the money is going. Also, Brian Molinari has a fantastic post on the rising danger of virtual workplace harassment. Also, how are there still states that allow texting and driving? Watch Out Kids: There is a New Exception to the Tennessee Hearsay Rules - Nashville attorney Matthew DeVries…
Joseph Rosenbaum of Legal Bytes: LexBlog Q&A

19 Nov 2009 | 10:56 am

The move of the Legal Bytes newsletter from print to web was a no-brainer for Reed Smith attorney Joseph Rosenbaum, head of the AmLaw200 firm's Advertising Technology & Media group. "By 2008," Joe says of his Legal Bytes blog, "I realized that my format - small, insightful, narrative pieces, virtually always referencing more robust information - covering a wide variety of topics at the intersection of law, advertising, technology, media and entertainment, finance, travel and more, was perfect for a blog format." Reed Smith as a firm has 11 total blogs on the LexBlog…

Digital Media Law
No More Sounds of Silence on the Music Composition Front?

18 Nov 2009 | 9:37 pm

Everyone knows that composers and lyricists make scales ... now they want to make scale as well. Union scale, that is (or, even better, above scale). One of the few non-unionized sectors of Hollywood, composers and lyricists - the people who write music (as opposed to musicians, the people who perform it) - are now in talks with the Teamsters for representation.It's not as strange as it seems: the macho union of dock workers and Hollywood truck drivers (Teamsters Local 399 on the West coast and Local 817 in New York) also represents casting directors, location managers, and various other…
Book review: "Moral Panics and the Copyright Wars" by William Patry

24 Oct 2009 | 1:28 pm

The content and technology businesses are at war, as is well-known and as I discuss in a recent article. It’s a struggle that focuses on unauthorized file sharing and new business models—in other words, a copyright war. Undeniably, the entertainment industry often battles demand rather than trying to satisfy it, and copyright laws have taken a corporate turn. Who better to write about this conflict, one would think—and point the way to solutions, one would hope—than an author with 27 years experience in copyright law as a professor, practitioner and government attorney? That author is…
SAG Interim Nat'l Exec Director Hired as Permanent

18 Oct 2009 | 1:14 pm

SAG's Interim National Executive Director David White just got the permanent gig and can drop "Interim" from his title. The vote on today SAG's national board, which began meeting yesterday and is still meeting today for a little while longer, was 70.91% in favor, I'm told, which suggests that a few of the Membership First directors joined the moderate coalition in appointing White to the job.The appointment is well-deserved: Not only is White a calming and smart presence, but also he, John McGuire, Ray Rodriguez and others on the SAG team have built a record of accomplishment over the last 8…

Securities Docket
Web Watch: Best Blog Posts and Columns For the Week Ending Nov. 20, 2009

Securities Docket

20 Nov 2009 | 1:41 pm

Here is the weekly summary for Securities Docket’s Web Watch (”This Week’s Best Blog Posts and Columns”): A rip-off far worse than Madoff’s (Lawrence W. Schonbrun, LA Daily News) LA Daily News | November 20, 2009 What would you think of a legal system in which someone burglarizes your house, yet you are the one who is sued and have to pay all the damage caused by the burglar? What would you think of a legal system that allowed the phone company to be sued every time someone received a harassing phone call? And what would you think of a legal system that functioned so that if you…
Ohio Pension Funds Sue Credit Rating Agencies

Securities Docket

20 Nov 2009 | 8:49 am

The credit rating agencies have been bulletproof from litigation for years, but new attacks keep coming. Today, Reuters reports, Ohio’s AG sued Standard & Poor’s, Moody’s and Fitch Ratings, claiming that they provided misleading credit ratings that led to hundreds of millions of losses for state funds. Five Ohio funds assert they lost more than $457 million because of misleading ratings of mortgage-backed securities. The five funds serving as plaintiffs are the Ohio Public Employees Retirement System, the State Teachers Retirement System of Ohio, the Ohio Police & Fire Pension…
UK: FSA Seeks to Become ‘Heavyweight Criminal Prosecutor’

Securities Docket

20 Nov 2009 | 8:16 am

In the UK, Margaret Cole (pictured), the head of enforcement and financial crime for the FSA, told the British Bankers Association in a speech yesterday that senior management at companies must take “clear responsibility” for managing financial crime risks and that the FSA would demand evidence of their attempts to do so. Discussing insider trading, Cole told the BBA in her speech that the FSA would “continue to pursue our prosecution strategy for insider dealing and markets offences resolutely and assertively.” She stated that We recognized that the history of insider-dealing…

California Labor & Employment Law
Google Offers Caselaw…for FREE

Eugene Lee

17 Nov 2009 | 6:38 pm

Today Google announced the launch of a free federal and state caselaw database that is lightning fast and extremely powerful. It can be found at the “legal opinions and journals” section of Google Scholar. This is big news. Lawyers around the country are rejoicing now. And you should be too. Until now, the biggest providers of caselaw – Lexis-Nexis and Westlaw – have acted as a duopoly, charging lawyers a significant amount to access their caselaw databases via slow, proprietary search engines and arcane, hard-to-memorize search commands. Other vendors like FastCase,…
Free Pamphlets on Labor and Employment Laws

Eugene Lee

9 Oct 2009 | 2:01 am

The California Department of Fair Employment and Housing (DFEH) publishes numerous free pamphlets on California labor and employment laws. These pamphlets provide a brief but helpful and easy-to-understand explanation of employee rights under California’s harassment and discrimination laws. The pamphlets include the following topics: DFEH-151 Discrimination DFEH-159 DFEH Complaint Process DFEH-161 Pre-Employment Inquiries DFEH-167 Public Acess Disability Discrimination DFEH-184 Disability Discrimination DFEH-185 Sexual Harassment DFEH-186 Pregnancy Leave DFEH-187 Hate Violence DFEH-188…
Free Video Tutorials on Employment & Labor Laws

Eugene Lee

4 Oct 2009 | 2:02 am

Interested in a quick overview of California labor and employment laws? Break out the popcorn and turn up your speakers. The California Department of Fair Employment and Housing has released several short videos, 90 seconds to 3 minutes in length each, offering short overviews of housing and employment laws. The videos are directed and acted by DFEH employees and are surprisingly watchable and informative. The actors pose as co-workers engaging in question and answer dialogues about harassment and discrimination laws. Following are the four videos in the series which the DFEH has dubbed…
District Spends $532k on Lawsuit that Settles for $150k

Eugene Lee

1 Oct 2009 | 2:01 am

What’s wrong with this picture? A school district spends $532,123 in legal fees and costs to fight a wrongful termination lawsuit; after more than 2 years of litigation, it ends up settling the case for $150,000. According to an article in the Ventura County Star entitled “District spent $532,123 in lawsuit: Case is settled for $150,000, data show“, Assistant Principal Becky Romano had suffered a work-related injury in 2003 that required a long convalescence. In August 2004, Romano returned to work as assistant principal at Rio Mesa High School. The district then allegedly…
An Ode to Whistleblowers and the Law: Part II

Eugene Lee

27 Sep 2009 | 6:26 pm

Have you blown the whistle on illegal conduct at your workplace? If so, there are state and federal laws that could protect you from retaliation by your employer. For instance, the federal Sarbanes-Oxley Act of 2002 prohibits retaliation against employees of publicly-traded companies who report to the government or their supervisor reasonable suspicions of federal law violations or assist an SEC investigation. 18 U.S.C. § 1513(e). California has numerous whistleblower protection laws: Labor Code § 1102.5: prohibits retaliation against employees who blow the whistle to a government agency…

NO-FAULT PARADISE
WE'VE MOVED

7 Nov 2009 | 9:37 am

I won't be posting here anymore unless the new site crashes. So update your bookmarks and RSS and Email feed type stuff.The new site is www.nofaultparadise.org. You can add it to your RSS feed by clicking HERE. If you want to get the post via emails instead, click HERE. If you want to learn more about Ninjas, click HERE. If your name is Dan R., congrats!, and click HERE.
NEW POST

31 Oct 2009 | 9:31 pm

Putting collateral estoppel to use, but without success
NEW POST

30 Oct 2009 | 12:31 pm

A BAD DENIAL
New Post

27 Oct 2009 | 2:15 pm

Strange Brew
New Post: Catching up

24 Oct 2009 | 8:24 am

CATCHING UPThere's another post after that. Go visit the site. http://www.nofaultparadise.org/

theCPLRblog
CPLR R. 3211(a)(1) Affidavits Don't Count

David M. Gottlieb

15 Nov 2009 | 4:57 pm

CPLR R. 3211 is a curious rule. I wrote three paragraphs, but after I read them, I realized that I was only complicating things. Besides being a quirky rule, it is an extremely complicated rule.Now consider Herrnsdorf v Bernard Janowitz Constr. Corp., 2009 NY Slip Op 07984 (App. Div., 2nd, 2009). The Supreme Court properly denied that branch of Utica First's motion which was pursuant to CPLR 3211(a)(1) to dismiss the third-party complaint. "[I]n order for a complaint to be dismissed pursuant to CPLR 3211(a)(1), the evidence submitted must resolve [ ] all factual issues as a matter…
A Brief CPLR R. 5015 Roundup and CPLR R. 2214(d) Appears For The First Time In this Blog.

David M. Gottlieb

15 Nov 2009 | 3:31 pm

CPLR R. 5015 Relief from judgment or order(a) On motion(1) excusable default...(2) newly-discovered evidence...(3)fraud, misrepresentation, or other misconduct of an adverse party(4) lack of jurisdiction to render the judgment or order(5) reversal, modification or vacatur of a prior judgment or order upon which it is basedCPLR R. 2214 Motion papers; service; time(d) Order to show causeMBF Leasing, LLC v Sisco, 25 Misc 3d 128(A) (App. Term, 1st, 2009)Civil Court correctly denied, without a traverse hearing, that branch of defendant's motion seeking vacatur of the default judgment and…
CPLR R. 4518 -- Foundation (including "electronic records")

David M. Gottlieb

15 Nov 2009 | 3:04 pm

CPLR R. 4518 Business recordsPeople v Manges, 2009 NY Slip Op 08258 (App. Div., 4th, 2009)Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal possession of a forged instrument in the second degree (Penal Law § 170.25) and attempted grand larceny in the third degree (§§ 110.00, 155.35). We agree with defendant that County Court erred in admitting in evidence a printout of electronic data that was displayed on a computer screen when defendant presented a check, the allegedly forged instrument, to a bank teller. The People failed to establish that the printout…
No New Arguments in the Reply, and Res Judicata

David M. Gottlieb

15 Nov 2009 | 2:52 pm

Djoganopoulos v Polkes, 2009 NY Slip Op 08173 (App. Div., 2nd, 2009)Where a dismissal does not involve a determination on the merits, the doctrine of res judicata does not apply (see Maitland v Trojan Elec. & Mach. Co., 65 NY2d 614; Sclafani v Story Book Homes, 294 AD2d 559, 559-560). The complaint in the prior related action was dismissed on the ground that it did "not contain any factual averments against" Jonathan D. Polkes, Ellen G. Polkes, and Megan Strecker. "Rather, the conduct complained of involves only the Village [of Westhampton Dunes and its officials]"…
CPLR R. 3117 and the Missing Witness Charge

David M. Gottlieb

14 Nov 2009 | 1:34 pm

CPLR R. 3117 Use of depositions(a) Impeachment of witnesses; parties; unavailable witness(4) the deposition of a person authorized to practice medicine may be used by any party without the necessity of showing unavailability or special circumstances, subject to the right of any party to move pursuant to section 3103 to prevent abuseLauro v City of New York, 2009 NY Slip Op 08186 (App. Div., 2nd, 2009)Additionally, contrary to the defendants' contentions, the Supreme Court properly gave a missing witness instruction (see Taveras v Martin, 54 AD3d 667; Brown v City of New York, 50 AD3d…

HealthBlawg :: David Harlow's Health Care Law Blog
Health Care Social Media Legal Issues and Strategy Webinar

David Harlow

18 Nov 2009 | 11:18 am

Today's HIPAA and Your Social Media Strategy webinar, which I presented together with Jamie Verkamp of (e)Merge, was a success. We had a good turnout, interesting questions and engaging discussion. Here is a version of the slide deck I used today, complete with links to other useful resources here at HealthBlawg and elsewhere on the web. Social Media In Health Care Legal IssuesView more presentations from DavidHarlow. Jamie and I will be repeating this webinar in two weeks, on December 2 , at 1:00 p.m. Eastern, 12:00 Central. If you missed it the first time around, or would like to…
An ounce of prevention

David Harlow

18 Nov 2009 | 8:55 am

Today's Boston Globe reports on a feature of the Massachusetts universal health care law that may be replicated at the national level: MassHealth -- the Massachusetts Medicaid program -- has been covering the costs for smoking cessation counseling and medications for eligible enrollees. Using the data available, researchers were able to associate the roll-out of these services with a significant drop in smoking rates -- a drop not seen among the small percentage of Bay Staters who remain uninsured. Not only that, but there are cost savings involved. Fewer health care services are required…
Son of HIPAA Breach Notification Rules and Business Associate Requirements: Who's Ready?

David Harlow

16 Nov 2009 | 9:23 pm

HIMMS Analytics surveyed about 250 hospital and business associate representatives, and came up with some figures to back up what we all knew in our hearts: Most hospitals are gearing up for compliance with the HITECH Act / Son of HIPAA data security and breach notification requirements, but many experience data breaches -- about half of hospitals surveyed in the past year -- and business associates lag behind hospital in awareness and preparedness for compliance with new business associate requirements.Check out the full report on the HITECH Act's impact on privacy and security, and check…
Social Media Session at Oklahoma Hospital Association Annual Meeting

David Harlow

12 Nov 2009 | 9:08 pm

Yesterday I had the pleasure of sharing the podium -- at least virtually -- at the Oklahoma Hospital Association's annual meeting with two leaders in the health care social media sphere, Ed Bennett of the University of Maryland Medical System and Lee Aase of the Mayo Clinic, for a program on health care social media presented by the Public Relations and Marketing Society of the OHA. Our host, Brenda Finkle, and others, livetweeted the session. Here for your perusal are our presentations.Presentation at the Oklahoma Hospital AssociationView more presentations from Ed Bennett. Oklahoma…
Son of HIPAA Breach Notification Rules

David Harlow

11 Nov 2009 | 10:52 am

Health care providers: If your patient records aren't already stored digitally, they are likely to be digitized soon. There is a tremendous push by the federal government -- as well as by some private payors and self-insured employers -- to get all health care providers wired in the near future, in order to better coordinate patient care, improve outcomes, and "bend the cost curve" all at the same time. There are some financial incentives in play to achieving "meaningful use" of "certified" EHR systems; those terms are to be defined in federal regulations later this year, but the outlines of…

Current Trends in Copyright, Trademark & Entertainment Law
Entertainment Law Update Podcast Episode 6

ipandentertainmentlaw

17 Nov 2009 | 9:34 am

by Tamera H. Bennett Once again, my thanks to entertainment attorney Gordon Firemark for asking me to co-host the Entertainment Law Update Podcast. Episode 6 is available for downloading here. Make sure to take a look at the show notes, which I have summarized below. Noonan v. Staples - Jury: Truthful E-Mail Sent About Fired Staples Manager Wasn’t Libelous Disney settles with Luxo over the Luxo Jr. Lamp Carly Simon is suing her record label & starbucks over poor marketing of record FTC New Guidelines For Bloggers Vent v. Mars Snackfood U.S., LLC — idea submission case in New…
Cayman Crocs v. Cayman Porsche: Are You Confused?

ipandentertainmentlaw

12 Nov 2009 | 2:24 pm

by Tamera H. Bennett Does a pair of plastic slip on shoes purchased for $29.99 bring to mind a luxury automobile priced at $51,000? Me neither. But, did you know Porsche is in the shoe business? Me Neither. The parent company for the Porsche auto-maker sued the maker of the slip on shoes in Germany in July 2009 to stop the distribution of the “Cayman” style Croc. Without reading the complaint, we will assume the equivalent of a “likelihood of consumer confusion” and/or dilution of the Porsche Cayman mark were the causes of action. In the United States, Porsche…
Music Attorney Tamera H. Bennett To Speak On Music Piracy Panel

ipandentertainmentlaw

6 Nov 2009 | 1:43 pm

posted November 6, 2009 Texas based music lawyer Tamera H. Bennett will join music industry veterans, James Griffen, Kim Guggenheim, Jim Hillegass, Andrew Schuon, and Owen J. Sloane, Jr. , in Beverly Hills on November 19 to discuss “The Music Industry’s Response to Piracy: Intervention or Innovation.”
Songwriters/Music Publishers Make Forbes Top-Earning Dead Celebrities

ipandentertainmentlaw

2 Nov 2009 | 7:00 am

FORBES Magazine released their annual report on Top-Earning Celebrity Estates last week. Broadway songwriting duo Richard Rodgers & Oscar Hammerstein II placed second on Forbes‘ list with $235 million in earnings. The bulk of their $235 million in combined earnings came from the sale of The Rodgers & Hammerstein Organization and the rights to music they wrote together. See my post here about the music publishing catalog purchase. Debuting on the list in third place is musician Michael Jackson. In the four months since his untimely death, the King of Pop’s estate has…
5 Steps to Social Networking: Louellen Coker and Tamera Bennett

ipandentertainmentlaw

26 Oct 2009 | 9:28 am

by Tamera H. Bennett Posted October 26, 2009 “You Can Social Network: Five Easy Steps to Social Networking” Topic of Speakers Lawyer Tamera Bennett and Technical Writer Louellen Coker at WBODC’s November 2009 Luncheon, Tuesday, November 3rd Women Business Owners of Denton County will hold its monthly luncheon on Tuesday, November 3rd, at Oakmont Country Club, Corinth, Texas. ” You Can Social Network: Five Easy Steps to Social Networking” will be the topic of speakers Tamera Bennett and Louellen Coker. WBODC members Tamera Bennett and Louellen Coker will demonstrate how easy it…

Political GPS: Womble Carlyle Political Law
Rules for Advocacy Groups May Not Be Settled Until Spring 2010

The Womble Carlyle Team

9 Nov 2009 | 8:03 am

The Federal Election Commission (FEC) announced on October 21 that it will not seek further review of a ruling by a three-judge federal appeals panel that struck down restrictions on fundraising and spending by non-profit advocacy groups. (EMILY’s List v. FEC). The six-member Commission split evenly on whether to ask for review by the entire D.C. Circuit Court of Appeals, even though the ruling invalidated rules that the Commission adopted just four years ago.For non-profits looking ahead to 2010, however, the rules governing fundraising and spending will probably not be clear until next…
D.C. Appeals Court Tosses Out FEC Restrictions on Non-Profits

The Womble Carlyle Team

13 Oct 2009 | 11:11 am

A three-judge federal appeals panel on September 18 struck down FEC rules that limit fundraising and spending by non-profit advocacy organizations. The court in EMILY’s List v. FEC concluded that such groups have a constitutional right to raise unlimited funds in support of candidates for elected office, and to spend those funds on any independent, election-related activities, including political ads, get-out-the-vote efforts and voter registration drives. The FEC adopted the challenged rules after the 2004 Presidential election, where 527 groups, such as Swift Boat Veterans for Truth and…
Supreme Court Hears Arguments in Campaign Finance Case: Are Limits on Corporate Funding of Election Ads About to Fall?

The Womble Carlyle Team

15 Sep 2009 | 9:12 am

The Supreme Court heard arguments last week in Citizens United v. FEC, which began as an unremarkable case about an obscure advocacy group and its movie about Hillary Clinton, and has mushroomed into one of the most important campaign finance cases in history. A ruling in the next few months could overturn longstanding federal and state laws that ban independent election spending by corporations and unions. The case would not, however, affect restrictions on corporate contributions to candidates.A brief recap for readers unfamiliar with the case: During the 2008 primaries, Citizens United, a…
SEC Proposes Pay-to-Play Rules for Pension Fund Industry

The Womble Carlyle Team

6 Aug 2009 | 7:41 am

The SEC voted on July 22 to propose new rules restricting campaign contributions by investment advisors seeking contracts from public pension plans. The proposed rule is similar to draft Rule 206(4)-5 that the SEC considered in 1999, and is based on an existing rule – MSRB Rule G-37 – that applies to municipal securities dealers. Under the draft rules, an investment adviser would be barred from providing compensated advisory services if that adviser, or certain of its executives or employees, makes political contributions to public officials with influence over their selection, or to…
Supreme Court Poised to Allow Corporate Funding of Campaign Ads

The Womble Carlyle Team

1 Jul 2009 | 11:01 am

In a stunning move, the Supreme Court announced on Friday that it is reconsidering the constitutionality of laws that prohibit corporations and unions from funding ads that influence elections. A ruling that such laws are unconstitutional would invalidate a decades-old spending restriction that applies in federal elections and in many states, and would unleash a flood of spending in the 2010 cycle and beyond.The issue is presented to the Court in Citizens United v. FEC, a challenge to the “electioneering communications” provision of the McCain-Feingold law. That law, which passed in 2002,…

Womble Carlyle Non-Compete and Restrictive Covenants Blog
Dunkin' Donuts Pays Its Way Out of Starbucks Manager's Noncompete Promise

Todd

27 Oct 2009 | 6:48 am

The Puget Sound Business Journal is reporting that Paul Twohig ran Starbucks retail operations in the Southeastern United States before taking the Dunkin’ job.By switching companies, Starbucks alleged, Twohig violated an agreement in which he had said he would not work for a rival for 18 months. He left Starbucks in March and asked to have the non-compete lifted, but was denied.“As part of the settlement Mr. Twohig will complete initial training but will otherwise not work at Dunkin’ until Jan. 15, 2010,” Starbucks said in a statement quoted by the Puget Sound Business Journal. “In…
Federal Appellate Court Holds No Error in $1.16 Million Noncompete Breach Verdict from Rhode Island

Todd

23 Oct 2009 | 6:29 am

If you click on this link: http://newsroom.law360.com/articlefiles/129967-Astro_med.pdf or the title to this blog post you'll be able to read fresh analysis from the First Circuit in their affirmation of a lower court's entry of a $1.16 million verdict in a breach of noncompete and nonsolicitation trial.But the part of the First Circuit's opinion that interested us most was an argument posed by the former employee and his new employer: if a covenant not to compete is deemed too broad to be enforced and is judically modified by the trial court to make it enforceable, can the employee be liable…
Todd Sullivan Interviewed in Technology Transfer Publication

The Womble Carlyle Team

22 Sep 2009 | 7:31 am

RALEIGH, N.C.-Womble Carlyle attorney Todd Sullivan is quoted in an article in the August 2009 issue of Technology Transfer Tactics, a monthly newsletter for technology transfer professionals. The article focuses on intellectual property disputes between research universities and inventors, and how proactive measures can prevent such disputes from becoming major headaches. The article was prompted in large part by a recent court battle between the Mayo Clinic and former employee Dr. Peter Elkin, who developed a software program for bioinformatics. The two sides now are battle over who…
North Carolina Court of Appeals Finds Restricted Stock To Be Insufficient Consideration

John E. Pueschel

9 Sep 2009 | 8:46 pm

The North Carolina Court of Appeals issued a decision that serves as a good reminder for businesses that when offering consideration to support a non-compete agreement, the consideration cannot be illusory.In the case of MSC Industrial Direct Co. v. Steele, the employee worked for the company for 12 years before he was asked to sign an agreement with a non-compete provision. In consideration for the agreement, the employee was offered 85 restricted shares of the company’s stock. (Remember, in North Carolina, continued employment is insufficient consideration to support a non-compete…
Massachusetts Judge Modifies Injunction - Permits Executive with Noncompete to Work for Hewlett-Packard in Limited Capacity

Todd

27 May 2009 | 7:21 am

It is not common for a judge to modify an injunction - but it happens.The Boston Globe is reporting that a Suffolk County Superior Court has cleared the way for former EMC executive David Donatelli to start work at rival Hewlett-Packard. But the court barred Donatelli from working at any HP business unit that competes with EMC for one year.Until his surprise resignation last month, Donatelli was president of EMC's data storage products operation, the company's biggest business unit and one that competes directly with HP's storage business. In late April, HP said Donatelli would become its…

Wag The Dog
Monday's quick reads: Dan Snyder, PhRMA, and CEO reputations

Henry Fawell

16 Nov 2009 | 7:44 am

1.) Banks put focus on conversation, not sale, in social media campaigns (Memphis Business Journal) -- Checking out Facebook friends or tweeting about a cool party you’re heading to is fun stuff, but can it get a bank more loans, increased deposits or improved return-on-capital? That question has yet to be answered definitively, but a growing handful of pioneering banks and credit unions, including several in Memphis, are having fun trying.2.) PhRMA proposes FDA-approved logo for social media (AdAge) -- PhRMA is advocating for a universal safety symbol -- either the FDA logo itself or an…
FDA keeping an eye on social media

Henry Fawell

13 Nov 2009 | 6:57 am

“Government's view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.” – Ronald ReaganWhen it comes to the advent of social media, Ronald Reagan looks to be getting one-third of the equation right. No, government has not yet adopted a Facebook tax. Nor has it enacted a subsidy for Twitter users (though we don’t know exactly what was in this year’s stimulus bill, do we?)Two powerful government agencies are, however, sharpening their regulatory pencil as social media sites emerge as a…
Monday's quick reads: Andre Agassi and reputation capital

Henry Fawell

9 Nov 2009 | 12:09 pm

1.) Agassi taps in to his reputation capital (ESPN) -- When times get tough, it's always good to have a little bit of something stored away to help pull you through. It's true when it comes to finances, and it's also true when it comes to your character and reputation. And Sunday night, on "60 Minutes," Andre Agassi demonstrated that he has a lot of reputation capital.2.) Drug companies and social media (Medical Marketing & Media) -- The FDA will hold a public hearing on marketing drugs and devices using social media November 12-13. The agency conceded that although it “believes that…
How to create interest in your company's Facebook page

Henry Fawell

4 Nov 2009 | 12:27 pm

(Photo credit: Explora)Wondering how to create interest in your company's Facebook page? Consider giving some of your product away.That's what adventure travel company Explora is doing. They're giving away a free trip to Chile. All you have to do is join the company's Facebook and Twitter pages to be eligible.It's an effective strategy for building a community of advocates online, or just to introduce your brand to those who have never heard of you. As your employees and advocates push your campaign out to their communities, your brand takes on a viral element that has worked so well for…
Monday's quick reads: Microsoft, reputation management, and social media

Henry Fawell

2 Nov 2009 | 7:06 am

1.) Where does blogging end and plugging begin? (St. Louis Post-Dispatch) -- Consumers researching a product online can find a trove of insightful reviews and revealing complaints. Or, they can get mired in a snake pit of fake blogs, paid testimonials and word-of-mouth campaigns engineered by marketers posing as consumers. At the center of it all are bloggers, who find themselves being tugged in opposite directions by big business and federal regulators — with each side claiming the other threatens the vitality and independence of the medium.2.) Attraction to "do good" brands is escalating…

Multifamily and Mixed Use Development
HUD Posts New Sexual Orientation/Gender Identity Rules

7 Nov 2009 | 9:13 am

On October 21, the Department of Housing and Urban Development issued a press release announced the agency's intention to propose regulations regarding HUD-supported rental programs and their effect on lesbian, gay, bisexual and transgender tenants and prospective tenants; see http://portal.hud.gov/portal/page/portal/HUD/press/press_releases_media_advisories/2009/HUDNo.09-206. This proposal would require individuals and entities which receive grants from HUD or participate it its programs to comply with state or local sexual orientation or gender identity laws; while "clarifying" that family…
Think Outside the Box for New Developments

12 Aug 2009 | 1:00 pm

Given current market conditions, developers of multifamily projects may find it difficult if not impossible to continue developing in the way that they did in the recent past. But this does not mean that it is impossible to develop new multifamily project. Rather, developers must explore new project types and reach out to different development partners to continue doing business. Multifamilybiz.com showcases a good example in Delanco, New Jersey. Michaels Development Company, an affordable housing developer, has undertaken the first phase of mixed-use project that includes 64,000 square feet…
Importance of an Effective Moisture Response Program in Multifamily Residential Housing

13 Jul 2009 | 12:34 pm

When moisture problems and apparent mold growth occur in multifamily residential housing units, landlords may become vulnerable to tenant claims, even in the absence of health concerns. A recent California appeals court decision underscores the necessity of prompt landlord responses to water intrusion complaints under all circumstances. Jackson v. Rod Read & Sons, 2009 Cal. App. Unpub. LEXIS 4569. (www.courtinfo.ca.gov/opinions/nonpub/C058024.DOC)The California court found that, as soon as the tenant alerted the landlord to the wet conditions in her unit, the landlord took immediate steps…
Freddie Mac CME Program Offers Borrower-Friendly Terms

29 Jun 2009 | 10:53 am

As the economic crisis and its related fallout continues to chug along, the GSE’s remain one of the main source of financing available for multifamily owners. Those in search of financing should consider Freddie Mac's new Capital Markets Execution (CME) program. CME was just launched in the last month or so. CME multifamily loans are offered on more favorable terms than Freddie's standard portfolio loans. CME loans enter a pool of loans from which Freddie sells loans to an institutional investor who securitizes the loans and then sells securitized bonds backed by the loans themselves. Here…
Apartment Defaults In the News

18 Jun 2009 | 10:34 am

An interesting analysis of some of the reasons why apartment loan defaults lead other types of commercial real estate loan defaults appeared recently in an article by Ilaina Jonas with the Reuters' News Service. Among the reasons cited are:1. Apartment building prices peaked before other types of commercial real estate (2006 vs. 2007), so deterioration has come on earlier;2. Falling rents and occupancies have pushed down values 35 to 45 percent, and this, along with the difficulty of getting any loans, has pushed the default rate higher than for other types of assets;3. In some markets,…

Trade Secrets Blog
Idaho Health and Home Products Company Sues Former Employees For Trade Secret Theft - And Ubiquitous News Stories Abound Regarding Longevity Payments

20 Nov 2009 | 12:47 pm

The Associated Press is reporting that an Idaho health and home products company Melaleuca Inc. accuses a Utah company of raiding some of its top sales staff, infringing on company trade secrets and competing unfairly.Idaho Falls-based Melaleuca filed a lawsuit in federal court Monday against Max International, its top sales executive and dozens of former Melaleuca sales executives.The complaint seeks more than $10 million in damages and asks a judge to issue an injunction that would stop future sales staff raids. The lawsuit also seeks to cancel a meeting scheduled for Saturday that's…
Hedge Fund Withdraws Trade Secret Summons After Concluding its "Evidence" Was Too Shaky to Proceed

17 Nov 2009 | 7:07 am

The AmLaw Litigation Daily is reporting that Amaranth Advisors LLC, the energy trading hedge fund that lost almost $7 billion in 2006 trading in natural gas, has withdrawn its trade secret misappropriation lawsuit summons against Touradji Capital Management, another You can see the summons here: http://amlawdaily.typepad.com/AmaranthvTouradji.pdf. According to the summons, Amaranth and Touradji signed a confidentiality agreement in advance of the transfer of Amaranth's base metals portfolio to Touradji. The transfer was part of Amaranth's ultimately unsuccessful attempt to stave off the…
IMAX Claims Former Partner, Cinemark, Stole The Trade Secrets of the IMAX Theater Experience

16 Nov 2009 | 7:29 am

Courthouse News Service is reporting that IMAX claims its former partner Cinemark defrauded it and stole trade secrets by trying to "reproduce" IMAX's "multiplex movie theaters across the Americas." It claims Cinemark used the secrets to create "Extreme Digital" or XD theaters to provide a "bootleg version of the IMAX Experience." In its complaint filed in state court in New York, IMAX says it teamed up Cinemark in the 1990s after "two principals of Cinemark ... professed an intent to become one of IMAX's biggest customers." At the time, IMAX says, Cinemark multiplexes "housed standard,…
TSMC v. SMIC Trade Secrets Case Settles: $200 Million Plus Plus Goes to TSMC and SMIC CEO To Resign

10 Nov 2009 | 8:29 am

LegalPad, a law blog out in California, is reporting that the massive TSMC v. SMIC has settled.SMIC has agreed to pay TSMC $200 million and an undisclosed amount of stock and warrants, Keker & Van Nest partner Jeff Chanin acknowledged. Chanin and his firm represented TSMC in the matter. TSMC needs to get approval from the Taiwanese government to obtain the SMIC shares, a TSMC spokesman said.TSMC won big during the liability phase with the jury finding that SMIC stole trade secrets and broke a previous settlement agreement. Chanin said that pursuant to stipulations by both parties a…
The Trade Secrets of Insanity: Guy Claims Sarah Jessica Parker Stole iPod Trade Secrets From Him and Then Transferred Them to Apple

9 Nov 2009 | 6:24 am

Not all trade secrets lawsuits are alike. The one we're going to tell you about here is like no other we've reviewed.Seems Franz Wakefield thinks he got screwed. He claims he invented the iPod in 1983, but had the design stolen from him by "Sex in the City" star Sarah Jessica Parker, who then sold it to Steve Jobs in a terribly concerning progression of corporate espionage.Here's how the scheme allegedly worked: In 1989, the suit alleges, Wakefield won first place in a District Arts Competition and was honored by U.S. Congressman William Lehman and movie stars Parker and Robert Downey Jr. A…

Furniture Law Blog
Former Collezione Executives Named As Defendants In AICO Case

20 Nov 2009 | 3:02 am

In a development similar to cases filed in North Carolina, the United States District Court for the District of New Jersey has named former Collezione Europa USA executives Paul and Leonard Frankel as defendants in AICO's copyright and patent infringement case against Collezione. The Frankels may now be held personally liable for the alleged copyright and patent infringement upon a proper showing of culpability. In its case, AICO seeks $2 million in damages from the defendants, which now include the Frankels.AICO sought to add the Frankels as individual defendants after Collezione filed for…
Becker Designed Sues Seven For Design Patent Infringement

9 Nov 2009 | 12:41 pm

Becker Designed, Inc. ("BDI") sued International Prorduct Marketing, LLC, Evinco, Inc., One Way Furniture, Inc., Cymax Stores USA, Inc., Mattress USA, Inc., Improvement Direct, Inc., Evofurniture, LLC, and Living Comforts Etc., LLC for infringement of two design patents, U.S. Patent No. D522,773 and D528,827. The suit was filed Nov. 4, 2009 in the United States District Court for the Eastern District of Virginia (Case No. 2:09-cv-0554-RGD-FBS). Both patents are entitled "Enclosed Cabinet for Audio/Video Components."Images from the design patents and BDI's related commercial embodiments are…
Fate of Barcelona Chair Still In Air

21 Oct 2009 | 3:57 am

As previously reported on here, the legal protections afforded the Barcelona Chair were moving towards a jury decision in August 2009. It appears that the case, Alphaville Design, Inc. v. Knoll, Inc., Civil No. 07-cv-5569 (N.D. Cal.), is still headed for trial after denial of summary judgment motions and an apparently failed settlement conference.
With Furniture Market Comes A New Round Of Suits (And One Settlement!)

20 Oct 2009 | 6:10 pm

For this Fall 2009 Furniture Market, we have nice variety of cases involving intellectual property and furniture (I'll save the settlement news for last):1. Hillsdale Furniture, LLC v. Trade Masters, LLC, Civil No. 09-cv-798 (M.D.N.C.) (filed Oct. 13, 2009) - In its complaint, Hillsdale Furniture alleges copyright infringement, breach of contract, unfair/unfair competition/palming off under North Carolina common law, and violation of North Carolina Unfair and Deceptive Trade Practices Act. Hillsdale alleges that Trade Master infringes its rights in its "Milan Collection." The breach of…
Pew Patent Reminder Of Usefulness Of Utility Patents For Furniture

12 Oct 2009 | 5:17 am

On October 7, 2009 Sauder Manufacturing Company of Archbold, Ohio sued Souter, Inc. d/b/a Covenant Church Manufacturing ("Covenant") of Ozark, Missouri for infringement of U.S. Patent No. 5,890,761 entitled "Pew Having Discrete Seating Portions" ("the ''761 Patent"). (See Case No. 3:09-cv-2325 (N.D. Ohio)). The '761 patent claims a standard church pew having two removable seating portions positioned on the bench. Each seating portion has a predetermined width. Covenant has yet to respond. The '761 Patent is a good reminder that utility patents serve a vital role in protecting furniture…

Personal Injury and Social Security Disability
Legal Research On a Shoestring Budget

Bob Kraft

20 Nov 2009 | 4:55 am

In a recent post by Anurag Acharya on the Official Google Blog, anyone can now find federal and state court case opinions with Google Scholar. By entering either party names or topic (for example, disability) you can now search for the full text of legal opinions and articles. And it’s free! According to Acharya’s post, this addition to Google Scholar will allow the average citizen to: ∙ be empowered by helping them learn more about the laws that govern us all; ∙ understand how an opinion has influenced other decisions by exploring citing and related cases using the Cited by and…
Friday Fun

Bob Kraft

20 Nov 2009 | 3:59 am

Have you ever thought about robbing a bank, but just couldn't come up with a good note to hand the teller? Well, don't let that stand in your way — now you can simply go toBankNotes365 and see actual notes used by bank robbers. Of course, these bank robbers all got caught, so perhaps this wasn't such a good idea after all.
A Sad Personal Note

Bob Kraft

19 Nov 2009 | 9:26 am

Since starting this blog in April of 2005 this is the longest I've gone between posts. My father has become suddenly and gravely ill. The family is still in shock, and most daily activities have been suspended. Please keep him in your thoughts and prayers in his final days. Thank you.
Friday Fun

Bob Kraft

13 Nov 2009 | 3:57 am

Here's a silly little Color Test that takes less than a minute but might leave you feeling sort of stupid. At least that's what happened to me.
Eli Lilly to Pay $24 Million in Zyprexa Off-Label Marketing Suit

Bob Kraft

12 Nov 2009 | 6:43 am

The AP reports, "Utah has agreed to a $24 million settlement with Eli Lilly & Co. over claims the drugmaker engaged in off-label marketing of the anti-psychotic drug Zyprexa [olanzapine]," according to Attorney General Mark Shurtleff. The drug is currently "approved for the treatment of schizophrenia and certain types of bipolar disorder," but "the company's sales force illegally promoted Zyprexa for uses not approved by the" FDA, including "dementia, Alzheimer's, agitation, and depression," he added.The Salt Lake Tribune reports that a…

Colorado Law Blog
Suspect in Fatal DUI Crash Behind Bars Again

linda

20 Nov 2009 | 4:01 pm

Sandra Jacobson is back in jail again after being arrested for driving with a suspended license. Her license was suspended in early January 2009, over two weeks before the she caused the crash that killed Kathy Krasniewicz 54, and Kate McClelland, 71. Jacobson is accused of losing control of her truck and sideswiping a taxi headed to Denver International Airport (DIA) and causing the crash that killed the two Connecticut librarians. Jacobson did not stop at the crash scene and was arrested later at DIA. A blood alcohol test administered nearly 5 and a half hours after the crash showed…
Bachus & Schanker Contributes to Lakewood High School’s Participation in the Providence Cup Mock Trial Competition

linda

16 Nov 2009 | 9:19 am

Lakewood High School’s Mock Trial Team: Taylor Kelson (attorney), Connor Trafton (attorney), Aharon Fleury (witness), Anton Nguyen-Vu (witness), and Jackson Emanuel (witness) Day 1 (Friday, November 6th): Today was the first day of competition for the Providence Cup. After a brief scare involving lost case materials, we got everyone through security and into the courthouse. We had never competed in this tournament before, so we didn’t know exactly what to expect. After a brief introduction, we were dispatched to our first round. The team preparing to compete in the championship…
DUI Fatality Rate Continues to Drop

linda

9 Nov 2009 | 5:11 pm

Recent statistics on fatalities involving drunk drivers show that the number of people killed in alcohol related crashes since 2002 are declining. But, what we need to remember is that these statistics are not just numbers on a graph. These statistics represent a person - someone’s loved one, whether they are family, friend, neighbor, co-worker or an acquaintance. Unlike contracting cancer or some other terminal illness, fatalities caused by a drunk driver are 100 percent preventable. Drunk driving is a choice. You cannot choose to get or not get cancer. You cannot choose to have or not…
Illegal Drivers Cause One Quarter of Traffic Deaths in Colorado

linda

4 Nov 2009 | 2:09 pm

Most of us have at least one parking or speeding ticket in our driving careers. We get assessed points against our licenses, pay our fines and promise not to do it again. But, according to a Denver Post article, there may be about 225,000 illegal drivers in Colorado. These illegal drivers caused nearly one-fourth of all traffic deaths in Colorado last year. In 2008, Colorado saw 548 people killed in motor vehicle crashes, and of those, 130 of these fatalities (24 percent) involved illegal drivers. According to the auditors’ report, only seven other states had a higher rate of fatal…
Tips for a Fun and Safe Halloween

linda

26 Oct 2009 | 8:22 am

This weekend our neighborhoods will be overrun by ghouls, goblins and ghosts and no, it’s not the latest horror flick come to life. This year Halloween falls on a Saturday, which is great for the kids who go out for “Trick or Treat.” It also makes conditions more hazardous for “Trick or Treating”, combining a dangerous mix of large numbers of children on the streets after dark and adults driving to their kids around town for Trick or Treat or Halloween parties. Statistically, 5 to 12 year old children are four times more likely to be injured on Halloween night…

Marquette University Law School Faculty Blog
Google Law

Joshua Pollack

20 Nov 2009 | 1:58 pm

Earlier this week Google announced a slew of new products (check out the official Google Blog for a full list). Of particular interest to lawyers was the addition to Google Scholar that allows searches for federal and state court decisions. This in itself is nothing new, as many websites currently offer access to federal court decisions for free, such as openjurist.org or justia.com. Like these other free offerings, Google hosts the case itself. While such sites are not new, Google’s implementation has the potential to transform legal research. A more user-friendly search is one of…
Work Email: “I Always Feel Like … Somebody’s Watching Me”

Paul M. Secunda

20 Nov 2009 | 12:17 pm

No, this post is not about the singer Rockwell or that annoying Geico commercial, but about whether you should just assume that your boss monitors your email. A new Wall Street Journal article suggests that is what exactly may be happening, but now there is some push back from employees and their advocates: Big Brother is watching. That is the message corporations routinely send their employees about using email. But recent cases have shown that employees sometimes have more privacy rights than they might expect when it comes to the corporate email server. Legal experts say that courts in…
Lessons from my Grandmother

Andrea K. Schneider

19 Nov 2009 | 7:26 pm

It has been ten days since my grandmother’s funeral and I have been, if not enjoying this past week, definitely enjoying telling stories about her life and her influence on her grandchildren. She died at age 99, laying down to take a rest because she did not feel well — the Torah writes that those who die in their sleep are Tzadek, truly righteous, and I know she belongs in that category. I popped in last week to talk to my dean briefly and proceeded to tell him the following: I made it all the way through law school before I believed at all that perhaps, perhaps, women were not…
Mainstreaming International Law in Legal Education

Lisa J. Laplante

19 Nov 2009 | 7:09 am

This week is “International Education Week”, a joint initiative of the U.S. Department of State and the U.S. Department of Education to promote “programs that prepare Americans for a global environment and attract future leaders from abroad to study, learn, and exchange experiences in the United States.” Schools and other educational institutions around the country have been carrying out activities around this national theme, including Marquette University. The thematic week prompts me to explore the role of international law in the American law school setting. Although the…
The Tierneys and the Law

Joseph D. Kearney

18 Nov 2009 | 11:51 am

I had the opportunity last month to be involved in the presentation by our National Sports Law Institute of its Master of the Game Award. The NSLI has given out this award, over the years, to such distinguished individuals as Hank Aaron, Donna de Varona, Bob Harlan, Al McGuire, Bud Selig, and Bart Starr. This year the award was presented to the Tierney family, especially to recognize the contributions of the late Joseph E. Tierney, Jr., of our law class of 1941, and his wife, the late Mrs. Bernice Tierney. The Tierneys are an historic family at Marquette, with Joe Tierney “the first”…

Dozier Internet Law, PC
Competitor Keys AdWords Off Lawyer Partner Name

Dozier Internet Law

20 Nov 2009 | 6:43 pm

The Dozier Internet Law Federal Court Report is the monthly report of key Internet lawsuits filed each month. Plenty of AdWords trademark infringement lawsuits have been filed each month. Now one comes with a slight twist. Cannon and Dunphy, a personal injury law firm, starting keying its adds off the personal names of the very unique name partners of a big competing law firm. The firm targeted was Habush, Habush and Rottier. Cannon is alleged to have keyed ads on Google off of each personal name. In Wisconsin there is apparently a law prohibiting the commercial exploitation of someone's…
Dozier Internet Law: Section 230 Protections Eroding

Dozier Internet Law

20 Nov 2009 | 5:00 am

First, we previously commented on the suggestion by a Harvard professor that Section 230 changes should be considered. Then, Dozier Internet Law ran headlong into a free speech debate about whether the new Federal Trade Commission guidelines creating liability for false advertising could be an exception to Section 230 immunity. The fact that Section 230 "scholars" disagree is enough to convince me that the FTC may just not like the limitations it arguably (albeit not convincingly) must abide by in enforcing online consumer fraud. Now comes a new bill filed by Rep. Paul Kanjorski, a…
Dozier Internet Law: Free Lawyers for Citizen Journalists

Dozier Internet Law

19 Nov 2009 | 9:12 pm

At Dozier Internet Law we face off against the likes of the ACLU, Electronic Frontier Foundation and Public Citizen often. These groups provide free lawyers to crooks and scofflaws and miscreants when they are caught in all kinds of, shall we say, compromising situations. Now we have a new entry. Thanks to Harvard and its Berkman Center for Internet and Society, the Legal Assistance Network for Online Journalists has just launched. Basically, it offers pro bono (free) lawyers to defend citizen journalists and tries to maintain anonymity for the scofflaws who attack the reputations of others…
Dozier Internet Law: Edward Heyburn Attacks His Former Employer

Dozier Internet Law

18 Nov 2009 | 10:43 pm

Dozier Internet Law deals with sucks sites and gripe sites all the time for clients. I even spent a chapter on the issue in the Google Bomb book. So, here is the situation. A disgruntled lawyer who got fired five years ago from Levinson Axelrod launches a sucks site about the firm and it becomes the coveted and valuable first result in Google when the law firm is searched. It probably comes as no surprise that the lawyer, Edward Heyburn, handles personal injury in New Jersey and reportedly directly competes against his old law firm for clients. So, if Sears...
Dozier Internet Law: US Senate Slams Online Marketers

Dozier Internet Law

18 Nov 2009 | 9:02 pm

At Dozier Internet Law a good majority of our law practice deals with online marketing. It seems our days are spent working on compliance issues, structuring contracts and litigating advertising related disputes. Needless to say, given the evolving interest in this space by the FTC and Congress and the Department of Justice and the State Attorneys General, this is a growth industry for an Internet lawyer. Now comes the following from the US Senate: Affinion, Vertrue and Webloyalty use aggressive sales tactics intentionally designed to mislead online shoppers. These three companies exploit…

New York Personal Injury Law
Linkworthy

20 Nov 2009 | 7:50 am

New York gets a new blogger, doing his thing at Lou and The Law. Lou has been an occasional commenter here, and comes from the defense side of the aisle having worked as senior trial attorney for Liberty Mutual Insurance for almost 30 years. Worth reading for New York practitioners is Late Expert Disclosure Affidavits, and it is worth it because the statute governing expert affidavits doesn't actually have a time frame in it.John Hochfelder rants against New York's appellate judges who knock down jury awards, but fail to explain why;Mark Bennett has 16 Rules for Lawyers Who (Think They) Want…
My Guest Blog at Kevin, M.D.

18 Nov 2009 | 11:56 am

Last month, Kevin Pho, M.D., of Kevin, MD fame, had an op-ed in USA Today on potential solutions to medical malpractice litigation issues.I've responded to that piece, and he has it as a guest blog today:How a personal injury lawyer views the medical malpractice systemDr. Pho runs the most widely followed doctor's blog in the medical blogosphere, and he appears frequently on op-ed pages.
Outsourcing Marketing = Outsourcing Ethics (5 Problems With Outsourcing Attorney Marketing)

16 Nov 2009 | 3:00 am

Five months back there was a Metro train crash in Washington DC, and I watched from a distance to see who/how/where/when the web would be used by lawyers to find victims. And one of the things we saw was that one of the gazillion attorney search firms that infect the web was soliciting clients. Given that these search firms are agents of the lawyers, that raised the problem of attorneys using the web to solicit.Thus was born this little formula in June: outsourcing marketing = outsourcing ethics. This wasn't, by any means, the first time I'd appreciated the problem of outsourcing marketing,…
Linkworthy (tort "reform" insurance and ...boats?)

13 Nov 2009 | 4:35 am

New York's legislature overwhelmingly passed new laws that stop most insurers from jamming their feet into personal injury settlements seeking repayment of funds they used for medical care. (Plaintiffs were not entitled to receive these monies in verdicts, but that didn't stop insurers from trying to grab it anyway.) The bill awaits Gov. Paterson's signature. This is one bill that I've lobbied for in the past with the New York State Trial Lawyer's Association and hope to blog on in more depth in the future. For now, see Roy Mura's New York State Legislature Passes New Anti-Subrogation Law;The…
Lawyer Advertising, Hockey & Iraq (And Budweiser)

10 Nov 2009 | 5:00 am

Traditional lawyer advertising may be branching out in very nontraditional ways. The Buffalo-based personal injury firm of Cellino & Barnes is known for its very extensive advertising campaign in western New York, with billboards and TV commercials galore (as well as ethics troubles, Matter of Cellino).But in trying to make inroads downstate, they've invaded one of the local hockey arenas: The Nassau Coliseum. And they've done it by sponsoring a welcome home message for an Iraqi war veteran, not the type of advertising NY metro area residents are accustomed to, since we usually see subway…

Immigration Law Answers
Secure Communities Program Update

19 Nov 2009 | 3:42 am

The Department of Homeland Security (DHS) and Immigration Customs Enforcement (ICE) announced that the Secure Communities Initiative, which launched this year, has identified more than 110,000 criminal aliens. ICE initiated the Secure Communities Program, which partners with local law enforcement agencies, to identify and remove criminal foreign nationals. As part of the booking process, fingerprints of the arrested individuals are taken at the local enforcement level. The fingerprint information at the local level is shared with the DHS/ICE, allowing ICE to take appropriate measures in not…
Pilot Program for Travelers on Flight 6

18 Nov 2009 | 10:28 am

On November 12, 2009, U.S. Customs and Border Protection (CBP) launched a 30 day pilot program to test the entry process for travelers under the Visa Waiver Program (VWP) from Auckland, New Zealand to Los Angeles International Airport. The program automates the arrival/departure of travelers with an approved Electronic System for Travel Authorization (ESTA) for travelers on Air New Zealand Flight 6. Travelers on this flight will not need to fill out the paper I-94W. The VWP allows nationals from VWP countries to fill out an ESTA application prior to traveling to the United States to…
Secretary Napolitano Makes the Case for Comprehensive Immigration Reform

13 Nov 2009 | 1:52 pm

“If we are truly going to fix a broken system, Congress will have to act” The following is a statement from Lynn Tramonte, Deputy Director of America’s Voice: We have entered a new chapter and a new phase in the immigration debate. Secretary Napolitano today laid out the framework for fixing the broken immigration system, and the solution is comprehensive immigration reform. Drawing on her years of experience on the southwest border, and her new role as the nation’s top homeland security official, she said that we need Congress to pass comprehensive…
DNA Testing During Visa Application Process

11 Nov 2009 | 3:52 am

Individuals unable to provide documentation to prove a biological relationship may prove the biological relationship through DNA testing. The DNA testing is the only acceptable non-documentary method, and only if no other credible proof of the relationship exists. Thus, all other methods for confirming a biological relationship must be exhausted, and a consular officer will recommend DNA testing only as the last resort. Once the consular officer recommends the DNA testing, a lab technician employed by the panel physician will take the DNA collection at the U.S. embassy or consulate (off-site…
DNA Testing During Visa Application Process

11 Nov 2009 | 3:52 am

Individuals unable to provide documentation to prove a biological relationship may prove the biological relationship through DNA testing. The DNA testing is the only acceptable non-documentary method, and only if no other credible proof of the relationship exists. Thus, all other methods for confirming a biological relationship must be exhausted, and a consular officer will recommend DNA testing only as the last resort. Once the consular officer recommends the DNA testing, a lab technician employed by the panel physician will take the DNA collection at the U.S. embassy or consulate (off-site…

SECLaw.com - The Securities Law Blog
Hackers Liable for Insider Trading?

19 Nov 2009 | 8:03 am

I posed a question in an earlier post as to the liability of computer hackers for insider trading when they break into a company's computer systems, obtain material non-public information, and then trade on that information. There are a number of problems with that legal theory, as there is no fiduciary relationship between the hacker and the company. While the courts have eviscerated the legal underpinnings of 10(b)5 over the years, there is no support for the concept that a thief, a complete corporate outsider, has any liability under 10(b)5. His theft is a theft, it is not a fraud, and…
FBI Says Hackers Targeting Law Firms

18 Nov 2009 | 6:28 am

According to the NYT, hackers are increasingly targeting law firms and public relations companies with a sophisticated e-mail scheme that breaks into their computer networks to steal sensitive data, often linked to large corporate clients doing business overseas. This might be an interesting test of our insider trading laws. Hacker steals material, non-public information from law firm, trades. Is he liable for insidert trading violations? More>>>Technorati Tags: insider trading
New AIG Chief Threatens to Quit Over Pay

11 Nov 2009 | 7:32 am

It's tough working for the government, with politicans making business decisions.Unhappy over constraints imposed by U.S. government overseers, AIG Chief Executive Robert Benmosche told the company's board last week that he is considering stepping down, according to the Wall Street Journal. Benmosche is said to be unhappy over a recent compensation review by Kenneth Feinberg, the Treasury bailout program's special master for compensation. More>>>
Bear Stearns Hedge Fund Managers Not Guilty

11 Nov 2009 | 6:14 am

n a stunning defeat for the Justice Department, a federal jury in Brooklyn, N.Y., found two former Bear Stearns hedge fund managers not guilty of fraud charges Tuesday, only a day after jurors received the case.According to The New York Times, the jury found that Matthew Tannin and Ralph Cioffi did not lie to investors in painting a rosy picture of the health of two funds backed by subprime mortgages which later collapsed and cost investors $1.6 billion.The jury also acquitted Cioffi on an additional charge of insider trading, as prosecutors had accused the former portfolio manager of moving…
Former SEC Attorney Pleads Guilty in Dreier Case

10 Nov 2009 | 7:46 am

A lawyer pleaded guilty Monday to impersonating representatives of both a hedge fund and a pension fund in order to assist disgraced ex-attorney Marc S. Dreier in selling a phony promissory note.The surprise plea and the lawyer's agreement to cooperate with prosecutors raised the possibility there might be more arrests in the investigation of Dreier, the former sole equity partner of 250-lawyer Dreier LLP who is serving a 20-year sentence for peddling hundreds of millions of dollars in bogus notes to investors. More>>>

Human Rights in the Workplace
Top 100"ish" Employment Law Blogs for 2009

Donna Seale

12 Nov 2009 | 8:15 pm

I am always amazed at bloggers who take the time to put together lists of useful information and then publish it so the rest of us can learn. Molly DiBianca, a lawyer at US law firm Young Conaway Stargatt & Taylor LLC and contributor to the engaging Delaware Employment Law Blog is one of those fabulous list-makers. She recently posted her list of the Top 100 Employment Law Blogs across the legal blogosphere (so, it includes US and Canadian law blogs, and, actually lists 110 blogs -- so that's why the "ish" reference in my title!). As is usually the case when I scan through lists…
Lack of accommodation on return to work has food service company eating crow

Donna Seale

30 Oct 2009 | 8:44 am

In Tofflemire v. Metro (Windsor) Enterprises Inc., the Human Rights Tribunal of Ontario examined the efforts made by a food and drink services company to accommodate a long-serving employee upon his return-to-work after having a heart transplant. The Tribunal determined that the company's efforts were woefully inadequate and awarded damages to the employee as a result. The Facts Mr. Tofflemire began working for Metro Enterprises in 1981. His work involved driving a mobile catering truck on designated routes selling food and drinks at construction job sites. Mr. Tofflemire also…
Conference reflects on Equity in the Workplace

Donna Seale

5 Oct 2009 | 10:00 pm

Those of you looking for an interesting conference to attend this month will want to check out the University of Western Law Lecture and Conference. The theme of this year's Conference is "Equity in the Workplace: Twenty- Five Years after the Abella Report." Michael Lynk, Professor in the Faculty of Law at The University of Western and one of the conference organizers, provided me with a brief overview of the conference: "Madam Justice Rosalie Abella of the Supreme Court of Canada, who authored the report of the Royal Commission on…
Fact versus fear: how employers should respond to H1N1 in the workplace to avoid human rights violations

Donna Seale

16 Sep 2009 | 10:33 am

Many of you will have heard about the story that hit the news last week of a Manitoba man who was barred from patronizing a restaurant in Seven Sisters, Manitoba because his wife had been diagnosed with the H1N1 flu. The story broke on Richard Cloutier's show on CJOB radio and I was fortunate enough to have been interviewed by him on-air about the human rights implications of the restaurant's decision to deny service. The man has, apparently, now filed a human rights complaint against the restaurant with the Manitoba Human Rights Commission. Time will tell how this case ultimately…
2009-2010 Manitoba Human Rights Commission Course List

Donna Seale

3 Sep 2009 | 9:32 am

The course list for the 2009-2010 'training season' at the Manitoba Human Rights Commission has just been finalized. As usual, there is a terrific line-up of courses that you can take taught by Commission staff, the Commission's legal counsel and, yours truly. On tap this year for me are my usual courses on "How to Investigate a Human Rights Complaint" and "Reasonable Accommodation in the Workplace." These courses fill up fast so if you haven't had a chance to attend yet, I'd encourage you to call the Commission as soon as you can to sign up. Download Education brochure 2009 2010.

Law Firm Bottom_Line
UPDATE: Bob Berring Responds to Criticism In Blog Post

cable&clark

5 Nov 2009 | 9:42 am

In a response to the video posted on the Legal Currents blog (see previous post), Bob has further clarified the context of his comments, and elaborated on his position on the SLAW blog. Here are some highlights: When I referred to those who are devoted to making the law freely available to everyone as heroes, I [...]
Thomson Reuters Posts Q3 Results

cable&clark

5 Nov 2009 | 9:21 am

Highlights on overall information from Associated Press: Third-quarter net income tumbled 60 percent from a year ago, as revenue in its legal and market divisions fell. The company earned $162 million, or 19 cents per share, in the three months ended Sept. 30. That’s down from $404 million, or 49 cents per share, a year earlier. Earnings slipped [...]
Berring Post on ‘Free Legal Information’ Generates Spirited Debate

cable&clark

2 Nov 2009 | 8:04 am

A recent post featuring a video of Bob Berring discussing free legal information on the Thomson Reuters blog has stirred up debate in the comments. Charges by Carl Malamud that Bob is a “paid spokesman” for West ignited the comments, and prompted this response from Bob: I am troubled by the comments impugning my ethics and [...]
Vendor News & New Resources

cable&clark

23 Oct 2009 | 2:06 pm

Reed Elsevier LexisNexis Employs Transparent Semantic Search Technology to Patent Searching Survey sponsored by LexisNexis: New Survey Finds that Majority of Lawyers Use Ratings But Desire More Comprehensive Information to Evaluate Counsel FTC Reprimands ChoicePoint for Latest Data Breach Incident Thomson/West Video: How West Creates Headnotes and Key Numbers Words and Phrases Now Online XMLaw Acquired by Thomson Reuters West Now Sells Books [...]
Humans vs. Computers: Who Comes Out on Top?

cable&clark

19 Oct 2009 | 1:06 pm

Using human attorney editors to create Westlaw case Headnotes and the Digest system has been the norm for over 100 years, but is it better than the Lexis computer-created headnotes and taxonomy? This question has long been discussed, but hasn’t really been investigated until now. Susan Nevelow-Mart has begun researching and writing an article, and [...]

Alabama Product Injury Lawyer Blog
Wall Street Journal Reports FDA Issues Warning that Prilosec and Nexium Can Interfere with Plavix

Craig P. Niedenthal

19 Nov 2009 | 9:27 am

The Wall Street Journal reports that the FDA warned doctors earlier this week that they should tell their patients taking the anti-clotting drug Plavix not to take popular heartburn drugs like Prilosec and Nexium because they may lessen the effects of Plavix. This may be problematic since about half of the patients taking Plavix also take Nexium, Prilosec and other similar medications to prevent stomach bleeding and ulcers which are common side effects of taking Plavix. The alternatives which at this time don't appear to have any effect on the anti-clotting properties of Plavix are heartburn…
Recalls of the Week

Craig P. Niedenthal

13 Nov 2009 | 9:10 am

Time boys and girls for the update on Recalls of the Week. These are some of the most significant recalls which have occurred over the past week. You are welcome to contact me by calling or using the "contact" form here if you have any thoughts or questions on any of these recalls. 1. Maclaren Strollers: This is the big one for the week and the one that has been all over the news. Approximately one million strollers distributed in the U.S. by Maclaren are being recalled because the stroller's hinge mechanism can cause fingertip amputation and laceration to the child when the consumer is…
American Bar Association's Magazine Runs Article Addressing Running a Solo Practice Featuing Yours Truly

Craig P. Niedenthal

4 Nov 2009 | 12:49 pm

Well, time to toot my own horn. The most recent November 2009 edition of the American Bar Association's Magazine, the ABA Journal, included a feature article entitled "So You Want To Go Solo? You Sure?" which included an interview (and yes a picture) of me regarding how I have incorporated social media, and specifically this blog, into my work as a solo practitioner. I am honored to have been approached and interviewed for this article published in one of the most widely read publications by lawyers throughout the country. I would also like to thank Susan Cartier Liebel, founder of Solo…
Recalls of the Week

Craig P. Niedenthal

21 Oct 2009 | 9:19 am

Back to give you an update on some of the most important recent recalls. Been crazy busy and thus my time for blogging has suffered. Still looking to dedicate 2-3 days a week to post. Ahh, the life of a solo practice attorney --- never enough hours in the day. So here we go with the recalls: 1. Toyota/Lexus Floor Mats:The biggest news in problematic products is Toyota's most recent announcement that it is recalling some 3.8 million Lexus and Toyota vehicles to remove factory installed driver-side floor mats in order to prevent the gas pedal from becoming trapped leading to unintended…
Recalls of the Week

Craig P. Niedenthal

28 Aug 2009 | 10:54 am

We have some pretty big recalls this week. So here we go. 1. Baby Jogger City Mini Strollers: I remember when my younger son was an infant, strollers that you could jog with were becoming the big craze, what with the increased interest in fitness and health. Well, Baby Jogger is recalling about 41,000 of its City Mini Strollers because the restraint buckle to keep the child in can break or unlatch, which allows the child/infant to fall out. The recall involves both the single and the double strollers. The word "City Mini" is printed on the stroller. For a chart providing you the item numbers…

Marquette University Law School Faculty Blog
Google Law

Joshua Pollack

20 Nov 2009 | 1:58 pm

Earlier this week Google announced a slew of new products (check out the official Google Blog for a full list). Of particular interest to lawyers was the addition to Google Scholar that allows searches for federal and state court decisions. This in itself is nothing new, as many websites currently offer access to federal court decisions for free, such as openjurist.org or justia.com. Like these other free offerings, Google hosts the case itself. While such sites are not new, Google’s implementation has the potential to transform legal research. A more user-friendly search is one of…
Work Email: “I Always Feel Like … Somebody’s Watching Me”

Paul M. Secunda

20 Nov 2009 | 12:17 pm

No, this post is not about the singer Rockwell or that annoying Geico commercial, but about whether you should just assume that your boss monitors your email. A new Wall Street Journal article suggests that is what exactly may be happening, but now there is some push back from employees and their advocates: Big Brother is watching. That is the message corporations routinely send their employees about using email. But recent cases have shown that employees sometimes have more privacy rights than they might expect when it comes to the corporate email server. Legal experts say that courts in…
Lessons from my Grandmother

Andrea K. Schneider

19 Nov 2009 | 7:26 pm

It has been ten days since my grandmother’s funeral and I have been, if not enjoying this past week, definitely enjoying telling stories about her life and her influence on her grandchildren. She died at age 99, laying down to take a rest because she did not feel well — the Torah writes that those who die in their sleep are Tzadek, truly righteous, and I know she belongs in that category. I popped in last week to talk to my dean briefly and proceeded to tell him the following: I made it all the way through law school before I believed at all that perhaps, perhaps, women were not…
Mainstreaming International Law in Legal Education

Lisa J. Laplante

19 Nov 2009 | 7:09 am

This week is “International Education Week”, a joint initiative of the U.S. Department of State and the U.S. Department of Education to promote “programs that prepare Americans for a global environment and attract future leaders from abroad to study, learn, and exchange experiences in the United States.” Schools and other educational institutions around the country have been carrying out activities around this national theme, including Marquette University. The thematic week prompts me to explore the role of international law in the American law school setting. Although the…
The Tierneys and the Law

Joseph D. Kearney

18 Nov 2009 | 11:51 am

I had the opportunity last month to be involved in the presentation by our National Sports Law Institute of its Master of the Game Award. The NSLI has given out this award, over the years, to such distinguished individuals as Hank Aaron, Donna de Varona, Bob Harlan, Al McGuire, Bud Selig, and Bart Starr. This year the award was presented to the Tierney family, especially to recognize the contributions of the late Joseph E. Tierney, Jr., of our law class of 1941, and his wife, the late Mrs. Bernice Tierney. The Tierneys are an historic family at Marquette, with Joe Tierney “the first”…

Class Action Blog
Big Pharma Layoffs Could Mean Big Pharma Whistleblower Lawsuits

Steve Berman

12 Nov 2009 | 3:24 pm

Whether you're an employee at Pfizer, Johnson & Johnson, Abbot Laboratories, Schering-Plough, AstraZeneca or any other Big Pharma company, you've seen and may know all too well that layoffs during the last two years have cost the industry tens of thousands of jobs. Last year, layoffs from just five pharmaceutical companies alone totaled more than 25,000. Job losses include those from sales and laboratories across the U.S. and Europe.An interesting sidelight, though, is that off-label promotion and improper marketing of pharmaceutical drugs in America make Big Pharma big bucks.
Pulte Homes: The “One-Stop Shop” of Home Buying Horrors

Steve Berman

27 Oct 2009 | 4:57 pm

In light of scandal-ridden Wall Street and an escalating unemployment rate, it’s no surprise that consumer confidence continues to fall. Americans certainly don’t feel comfortable opening up their wallets when we’re bombarded with news of corporate schemes and scandals that mock the intellect of consumers and negate their trust in corporations.Consumers rights strike a cord within our firm and we recently filed a case in California against Pulte Homes (NYSE: PHM) claiming that the “one-stop shop” for homes engaged in a sophisticated scheme to control the entire home buying process.
Electronic Arts: Monopolizing the market to drive profits with Madden NFL?

Steve Berman

14 Aug 2009 | 8:51 am

Exclusive agreements. Inflated pricing. Strong-arming competition. It reads like a scene out of the 1920s mob-era. Unfortunately, it’s the reality of a recent lawsuit that involves Electronic Arts and its alleged manipulation of the market while relying on the purchasing power of the extremely loyal customer base of gamers. Specifically, Madden NFL gamers. We’re in the process of moving a case through court that represents anyone who has purchased Madden NFL, NCAA or Arena Football branded videogames from EA from August 2005 until present. Our claim? That EA pushed competitors out of the…
Proposed Settlement Reached with Expedia Regarding Hotel Fees

Steve Berman

30 Jul 2009 | 4:32 pm

Today there is good news for Expedia customers. Hagens Berman Sobol Shapiro reached a proposed settlement with Expedia in a case we filed in 2005 on behalf of consumers, claiming the travel-booking giant defrauded consumers by repeatedly breaching its contractual obligations and by charging service fees under false pretenses in millions of hotel transactions as well as allegations it violated the Consumer Protection Act. The settlement is a good one – it will provide consumers with a total of $123.4 million in cash or Expedia credits for those covered by the settlement. The settlement…
Blowing the Whistle on the Pharmaceutical Industry

Steve Berman

30 Jul 2009 | 11:23 am

Healthcare reform – depending on your point of view -- or perhaps your political affiliation -- is either a long-overdue step to insure our nation’s health, or the first step on a slippery slope of socialized healthcare. Regardless of your view, we spend about $8,000 for every man, woman and child in our country, gobbling up nearly 18 percent of our gross national product. By contrast, we spend twice as much as many western nations, but still have higher rates of infant mortality and lower life expectancies. One thing we can agree on is the idea that waste, greed, and corruption hamper…

Green Building Law Update
Energy Reductions in the Navy

20 Nov 2009 | 11:41 am

My colleague Steve McBrady and I recently presented “Green Building in the 21st Century” at the national conference of the Construction Users Roundtable. Our slideshow is available below. Our primary message was that the federal government's investment of $25 billion in green building projects, through the American Recovery and Reinvestment Act will prop up the green building industry for the next few years. Other presentations by government officials regarding federal construction projects further highlighted this message. For example, during the first day, Vice Admiral…
Starbucks Announces LEED Initiative

16 Nov 2009 | 3:13 am

[Ed. Note: written by Steve McBrady] Starbucks coffee has always been an integral part of what we do here at Green Building Law Update. Until now, it was primarily a means of keeping our readers awake while we write endlessly on Green building and sustainable development in government contracts and in commercial construction, or discuss emerging Green regulatory issues. Today, however, Starbucks has moved front-and-center for another reason – the announcement, on November 12, 2009, that as of 2010 all new Starbucks stores will be LEED certified: Over the next six months, Starbucks will…
Green Building Litigation All But Certain

13 Nov 2009 | 5:57 am

The primary theme of Green Building Law Update is green building litigation will develop. To date, one of the rare examples of green building litigation is Shaw Development v. Southern Builders, a case that involved a project's failure to achieve LEED certification in a timely matter. Other examples of green building disputes are sparse. But I am confident the litigation will develop. A recent article, "'Green' projects create new exposures", suggests others agree: “There is certainly going to be litigation coming out soon around (green buildings) and…
"Super Star" Green Label Proposed

11 Nov 2009 | 7:04 am

A major overhaul to the Energy Star program, which currently certifies and labels products that are energy efficient, is imminent. How this overhaul occurs remains to be seen. On the one hand, the two current agencies responsible for the Energy Star program- the Environmental Protection Agency (EPA) and the Department of Energy (DOE) - are trying to revise the program internally. But it's not clear if the agencies' actions will be enough: "In response to complaints, the Senate Committee on Energy and Natural Resources included provisions in its American Clean Energy Leadership Act of…
Can Green Building Regulations Keep Up?

9 Nov 2009 | 11:15 am

The Energy Star program, responsible for certifying energy efficient products, is about to undergo some major changes. Recently, the program, run by the Environmental Protection Agency (EPA) and the Department of Energy (DOE), has come under fire from a number of groups: "Various stakeholder groups, such as manufacturers, utilities and even Consumer Reports , the monthly magazine published by the Consumers Union, have complained in recent years that Energy Star . . . is too inclusive. An internal audit of the program by the Department of Energy found that there is inadequate tracking of…

Social Security Disability Lawyer
Social Security Disability Blog Roundup - 11/20

Maine Social Security attorney Gordon Gates

20 Nov 2009 | 2:48 am

This week has brought a variety of notable articles from the disability bloggerati: Are survivors divorced spouse’s benefits retroactive? from the California Social Security Lawyer Blog published by Geri Kahn Understanding the "Grid Rules" from Jonathan's Ginsberg's Social Security Disability Podcast published by Jonathan Ginsberg Disability/SSI Administrative Law Judge Hearing from the Delaware Disability Law blog published by Steven Butler Social Security Disability and Jobs Within the National Economy from the Disability Secrets blog published by Tim Moore Establish…
Client testimony - it's in the details

Maine Social Security attorney Gordon Gates

18 Nov 2009 | 3:00 am

The limitations on your ADLs are an important part of your hearing testimony, and sometimes the details of your ADLs can help to establish your disability claim. Sometimes those details ring so true, that you just know the person is telling the truth. There is no direct correlation between these details and a person's ability to work full-time. They just strongly reinforce the claimant's credibility. I spend a lot of time looking for those details. For example, I had a recent hearing with a claimant with fibromyalgia. Due to her pain, she was unable to do her hair. So her husband,…
Establish the limits of ADLs

Maine Social Security attorney Gordon Gates

16 Nov 2009 | 2:00 am

One of the topics that is almost always covered in a Social Security disability hearing is the claimant's activities of daily living, or ADLs. Typically, you will describe what you do from morning until night on an average day. ALJs listen to this testimony with an ear for inconsistencies. So for example if you are reading novels at home, then you can't really say that you are unable to concentrate at work. I have never really understood this fascination with ADLs. The theory is that the ALJ can discern from the ADLs whether or not the claimant can work. But to me, there is often…
Disability Blog Roundup for Friday - 10/13

Maine Social Security attorney Gordon Gates

13 Nov 2009 | 3:00 am

New and notable from the Social Security disability blogs this week: Onset Dates, Consultative Exams and Cynical Judges from the Social Security Disability Blog moderated by Jonathan Ginsberg The Day of Your Social Security Disability Administrative Law Judge Hearing from the the Delaware Disability Law blog published by Steven Butler What Happens During My Social Security Disability/SSI Hearing? from the Delaware Disability Law blog published by Steven Butler Social Security Disability and Activities of Daily Living (ADL) from the Indiana Social Security Disability Lawyer Blog published by…
Required for Effective Hearing Representation

Maine Social Security attorney Gordon Gates

12 Nov 2009 | 2:46 am

There is an excellent post over at the Social Security Disability Hacker blog, entitled Tips for Effective Hearing Representation. I mentioned it in last week's roundup, but the article deserves more attention, because it has so much good information. The post is a summary of the NOSSCR conference presentation by Charles Martin and Sarah Bohr. Both these attorneys focus their practice on appellate work. So in the course of their appeals and reading all those transcripts of disability hearings, they see where the claims went wrong at hearing. I have attended similar presentations by Mr.

LexUtah
Congratulations to Allan Larson and Heather White

Kenneth Reich

13 Nov 2009 | 9:15 am

Congratulations! to my partners, Al Larson and Heather White obtained a defense verdict in a widely covered case involving a car accident following a terminated high speed police chase in Ogden, Utah. The case involved police pursuit in December 2005 by Ogden City Police of Eddie Bustos, a man wanted for multiple traffic violations and suspected DUI. The pursuit occurred around 3:00 a.m. but lasted less than a minute when the police terminated pursuit a block and a half before Bustos continued on running a red light at 24th and Grant in Ogden and hit a car instantly killing its driver,…
Your Private Medical Records May Be Publicly Available

Kenneth Reich

19 Oct 2009 | 2:29 pm

Medical record vendors who manage electronic health records may be selling the information found in your medical records albeit in a “scrubbed” form. The private health information, however, appears be traceable to the patient through, among other things, public voter registration information. No doubt HIPAA concerns abound. What about your doctor, is s/he selling your information or keeping it private? Also, although it appears possible to trace the health information to a particular individual, what is the likelihood? Moreover, is or should likelihood of disclosure even a part…
“What these three cases now present to us is a tangled, nearly indecipherable mess of repeated and convoluted contentions engulfed in more smoke than a Friday boys-night-out poker jamboree.”

Kenneth Reich

14 Oct 2009 | 11:57 am

See Log Furniture, Inc. v. Call, 180 Fed.Appx. 785 (10th Cir. (Utah) 2006), an otherwise unremarkable case about the lack of standing of anyone other than a Chapter 7 bankruptcy trustee to bring claims on behalf of a debtor.
Tax Planning for Small Business Owners

Kenneth Reich

14 Oct 2009 | 8:20 am

Wells Fargo Small Business Roundup, a newsletter service provided by Wells Fargo Bank, sent me a newsletter I thought was helpful in terms of tax planning together with audit avoidance or at least audit success. (There were also a number of other helpful articles on the site). Here’s the good stuff about what the IRS is interested in: Does your lifestyle square with your reported income? “An auditor sizes you up for dress, jewelry, car and furnishings in your home or office, if given a chance to make these observations. Someone who looks like a Vegas high roller, with the tax return…
Daniels v. Gamma: a Basketful of Medical Malpractice Rulings

Kenneth Reich

8 Oct 2009 | 2:20 pm

In Daniels, the Utah Supreme Court addressed a number of medical malpractice issues together with general trial issues. Here is the gist: 1. The statute of limitations in a medical malpractice action does not begin to run until the patient discovers the legal cause of his/her injury. “Legal cause” includes the fact that the patient has been injured, that the injury was caused by negligence, and the precise causal event leading to the injury. 2. Evidence that two defendant doctors were insured by the same company is not relevant evidence and should be excluded at trial unless there…

The Rainmaker Blog
Reduced Fees Often Equals Reduced Expectations

20 Nov 2009 | 2:40 pm

Two weeks ago I posted some thoughts on how discounting your price can be a path to slow-payment, hassle, repeated requests for reductions in fees and ultimately non-payment. Today I want to expand on those thoughts. One of the maxims that still holds true today is “You get what you pay for.” In many areas of life, it is true. The cheap toys and tools available in the discount bins at the dollar store often do not have the service life span that higher-quality, and more expensive products enjoy. That perception is deeply embedded in American consumer…
Update from the Rainmaker Retreats

18 Nov 2009 | 1:34 pm

Attorneys who attend the Rainmaker Retreats continue to rave about the incredible amount of legal marketing information that they receive during the 2-day marketing boot camp that is the Rainmaker Retreat. The Rainmaker System, a centerpiece of the Rainmaker Retreat, has helped more than 6,000 attorneys find more referrals and referral sources, and convert a higher percentage of those referrals into clients. A Rainmaker Retreat is a life-changing event for many attendees. The sheer amount of information that is presented to them is akin to drinking from a fire hose. “The…
21 Ways to Bootstrap Your Way to Marketing Success (Part 4 of 7)

16 Nov 2009 | 3:12 pm

Stop Relying on the Same Strategies that Barely Worked last year We have all heard insanity defined as continuing to do the same thing over and over while expecting different results. Most attorneys rely far too much on advertising and casual referrals to bring clients in. Results from advertising are down across the board. People are just not not referring friends and family members at the same rate as they used to You cannot rest on your laurels of “providing great services” or “being a great attorney” to get you through this year. You need to try…
Live from Los Angeles - it's the Rainmaker Retreat

13 Nov 2009 | 7:12 pm

I love Los Angeles in the fall. The weather is beautiful and it’s good to be here with a great group of attorneys who are looking for ways to buck the recession and grow their business during these trying economic times. That is what the Rainmaker Retreat was created for. I’ve been doing Rainmaker Retreats for a while now and one theme seems to show up on a regular basis: “I already knew some of this information, but I learned so much more that allowed me to put it together in a format where I can make it actionable.” That is a common…
21 Ways to Bootstrap Your Way to Marketing Success (Part 3 of 7)

11 Nov 2009 | 1:23 pm

The first two posts focused on follow-up and marketing practices. This post continues those thoughts. Speed to Market Wins Every Time If I had to choose, I will bet on the law firm that consistently uses three simple marketing strategies over the firm that takes three months to write a long, detailed annual marketing plan. Plans do not win the game! Attorneys are notorious for over planning everything. This is a fatal mistake when it comes to marketing. Your plan should only be focused on what actions you are going to take in the next 90 days. Keep it simple and focus…

Defending People
Specialty Blog: Houston DWI

Mark Bennett

18 Nov 2009 | 5:02 pm

It’s not a blog of general interest, but if you’re interested in DWI law in Houston, read lawyer Dane Johnson’s Houston DWI Law Blog (a LexBlog Joint). Dane has been doing great work this week, writing successively about Houston DWI cops’ blood draw training, the falsifiability of HGN results, and the coerciveness of the Harris County DWI DIVERT program. Copyright © 2009 Mark Bennett. This feed is for personal, non-commercial use only. The use of this feed on other websites breaches copyright. If this content is not in your news reader, the page you are…
Convergence: Personal Sovereignty and Google Scholar

Mark Bennett

18 Nov 2009 | 4:49 pm

A reader recently asked me for advice on persuading a loved one to stop believing the personal sovereignty / straw man / redemption theory / UCC-as-supreme-law-of-land hogwash. I’ve written about this at least a couple of times, here and here. It’s frustrating because people who subscribe to this particular delusion think that all lawyers are conspiring to conceal The Truth, which the people have paid good money to learn. Any evidence to the contrary is seen as proof of the conspiracy. When I heard about Google Scholar making caselaw searchable for free, and therefore more…
What the Hell is Wrong With the Maricopa County Criminal Bar?

Mark Bennett

18 Nov 2009 | 12:34 pm

As Scott Greenfield reports, Judge Gary Donahoe in Arizona has held Deputy Adam Stoddard in “indirect civil” contempt for plundering defense counsel’s file. From the court’s ruling: [T]his case is not about disobeying a court order. It is about protecting a defense attorney from misbehavior and harassment by another officer of the court. It is about protecting the sanctity of the attorney-client privilege. It is about enforcing the boundaries of the 4th Amendment. This Court is of the opinion that DO Stoddard’s conduct in removing the document from…
Sixteen Rules for Lawyers Who (Think They) Want to Market Online

Mark Bennett

16 Nov 2009 | 7:15 pm

1. If you’re looking for The Promised Land, you’re in the wrong place. This is the Wild West, Pilgrim. 2. There are clients online—sophisticated, moneyed clients—but they don’t find lawyers the way you think they do. That is, they don’t find lawyers the way the marketers want you to think they do. Clients—sophisticated clients, clients with money—who use the internet to find lawyers don’t google “Houston criminal lawyer” and pick the first lawyer they see. Clients get a few names from one place or another and then google each one. Google your…
Why Federal Court is No Place for Amateurs

Mark Bennett

16 Nov 2009 | 5:52 pm

If I were to pick one U.S. District Judge from the Southern District of Texas before whom one should not appear pro se, it would be David Hittner: (I’m guessing Judge Hittner wants to get the parties before him to see if the plaintiff can control his temper better in person.) Copyright © 2009 Mark Bennett. This feed is for personal, non-commercial use only. The use of this feed on other websites breaches copyright. If this content is not in your news reader, the page you are viewing infringes the copyright, and was probably stolen by Wayne Conley. (Digital Fingerprint:…

a public defender
Wednesday is Sunday stupidity

Gideon

18 Nov 2009 | 6:11 pm

Because I got nothin’, I give you this video. Lolcat FTW. Click here to view the embedded video.
Non sum qualis eram

Gideon

17 Nov 2009 | 5:38 am

From the NYTimes comes this heartwarming story of one of the nation’s elite universities privately funding an educational program in one of CT’s toughest prisons. Starting this year, Wesleyan brings its excellent curriculum and stringent admission requirements to prison, in an effort to educate and rehabilitate inmates, something the State of Connecticut and the DOC have long given up. For 19 spots, there were 120 applications, and rightly so. This program presents an unique opportunity: to get a high-level education and to attempt to rebuild one’s life and prepare for an…
Another conviction reversed: Exhibit n for no prosecutorial immunity

Gideon

15 Nov 2009 | 7:51 pm

In what is becoming routine, another conviction was reversed this past week in New York, this one too based on the eyewitness testimony of 5 individuals. This, though, isn’t the usual case of mistaken ID nor is it a DNA exoneration. Convicted of murder in 1992, Fernando Bermudez has wrongly been in jail for 17 years. Interestingly, it took only a year from his conviction for the eyewitnesses to recant citing police and prosecutorial pressure and manipulation: A year after Mr. Bermudez’s 1992 conviction, five witnesses who had identified him as the killer at trial recanted, saying in…
Life on the inside: an inmate’s view

Gideon

15 Nov 2009 | 1:03 pm

For two months now, the Ann Arbor chronicle has been publishing the Washtenaw Jail Diary, a series of chapters by a former inmate at that jail, chronicling his life behind bars and his experiences. Interestingly, the content of the chapters were originally published as tweets, but later taken down and deleted. This unnamed inmate is now in the process of writing a book, it seems, while at the same time publishing these stories in the newspaper. They’re up to the third chapter and you can find all the installments here. The latest installment, Chapter 3, is of particular interest to me,…
Title bout in GA: death penalty vs. no money

Gideon

15 Nov 2009 | 12:44 pm

This seems to have been a week of heavyweight fights. Last night some guy named Pacquaio rearranged the face of some dude named Cotto and earlier in the week, in the state of “even Brian Nichols didn’t get death”, aka Georgia, the well oiled machinery of state sponsored murder took on the almighty dollar. Yes, that was a very convoluted way of saying that the GA Supreme Court heard oral argument in the case of Jamie Ryan Weis, who’s sat in pre-trial confinement for 4 years awaiting a death penalty trial. For the first two years of his confinement, he didn’t…

Internet Cases
Death scene photos posted on the web did not subject coroner to liability

Evan Brown

5 Nov 2009 | 2:00 am

Werner v. County of Northampton, 2009 WL 3471188 (3rd Cir. October 29, 2009) (Not selected for official publication). Plaintiff’s son died in the family home. No one seems to know for sure whether it was an accident or suicide. Even Plaintiff gave conflicting statements to the court — in his complaint he said it was not suicide, but in a later-filed brief he said it was. In any event, on the day the son died, the coroner came to the house to take pictures. Somehow the coroner’s son got a hold of the photos and posted them on the web with a caption “There is no better…
Robbery conviction overturned because prosecutor played YouTube video during closing argument

Evan Brown

4 Nov 2009 | 1:43 am

Miller v. State, 2009 WL 3517627 (Ind. App. October 30, 2009) Appellant Miller and his dad robbed Wedge’s Liquor Store in Logansport, Indiana back in November 2007. During the robbery Miller pulled out a shotgun and pointed it at the clerk’s face. During closing argument at trial, the prosecutor showed the jury a video from YouTube to illustrate “how easy it was to conceal a weapon inside clothing.” The video was not admitted as evidence but was used merely as a demonstrative aid. The jury convicted Miller and the court sentenced him to 18 years in prison. Miller…
In New Hampshire, your landlord has to give you free* cable

Evan Brown

3 Nov 2009 | 7:00 am

Hey, let’s watch HGTV and get some ideas for the apartment! It’s not like we have to pay for it or anything. Anyone who has ever been a landlord will think the New Hampshire Supreme Court may have lost its mind. Those who like TV and broadband access a lot may think otherwise. Here’s the story. A tenant told his landlord that he wasn’t going to pay rent anymore. So the landlord sued for unpaid rent and to get possession of the apartment back. Six days later the landlord disconnected the cable service. Turns out that was a no-no. The nonpaying tenant countersued the…
Relationship status and the law: it’s complicated

Evan Brown

2 Nov 2009 | 4:13 pm

Online statements by mother were critical evidence in paternity case Watermeier v. Moss, 2009 WL 3486426 (Tenn. Ct. App. October 29, 2009) Under Tennessee law a man can petition the court to determine that he is the father of a child born to a woman who is married to someone else. (Better make sure there is good security in the courthouse parking lot!) The court will consider a petition filed more than 12 months after the child’s birth untimely if : (1) the mother was married and living with her husband at the time of conception, (2) the mother and her husband “remained…
Court upholds eBay forum selection clause

Evan Brown

26 Oct 2009 | 3:06 pm

Tricome v. Ebay, Inc., 2009 WL 3365873 (E.D. Pa. October 19, 2009) Everyone who signs up to use eBay has to assent to the terms of eBay’s User Agreement. Among other things, the User Agreement contains a forum selection clause that states all disputes between the user and eBay must be brought to court in Santa Clara County, California. After eBay terminated plaintiff Tricome’s account, Tricome sued eBay in federal court in Pennsylvania. eBay moved to dismiss or to at least transfer the case, arguing that the forum selection clause required it. The court agreed and transferred the…

ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC
Even More on Costs and “Sufficient Reason” to Sue in the BC Supreme Court

MacIsaac

20 Nov 2009 | 9:30 pm

Further to my previous posts on this topic, reasons for judgement were released today considering whether to award a Plaintiff Supreme Court Costs in an ICBC Claim where the judgement amount was within the Small Claims Court’s jurisdiction. In today’s case (Mohamadi v. Tremblay) the Plaintiff was awarded $10,490 in his ICBC Claim after trial (click here to read my summary of the trial judgment). The Plaintiff brought an application to be awarded ‘costs’ under Rule 57(10) which reads as follows: A plaintiff who recovers a sum within the jurisdiction of the Provincial…
More on the Scope of Examination For Discovery Evidence At Trial

MacIsaac

19 Nov 2009 | 10:17 pm

When a Defendant is examined for discovery in a BC Injury Claim damaging answers can be read in at trial as evidence against that defendant. A limit to this, however, is that if there is more than one defendant in a lawsuit the evidence can generally only be used against the defendant who was examined (click here to read a previous post discussing this restriction). Reasons for judgment were released today demonstrating an exception to this restriction. In today’s case (Beazley v. Suzuki Motor Corporation) the Plaintiff was injured in a 1994 motor vehicle collision. The Plaintiff…
More on Liability of Registered Owners of Vehicles Involved in Collisions

MacIsaac

18 Nov 2009 | 9:04 pm

As I’ve previously written, section 86 of the Motor Vehicle Act makes owners or lessees of vehicles responsible for any damage or loss caused by the operation of their vehicle by an individual to whom consent was given. Reasons for judgement were released today by the BC Supreme Court interpreting the meaning of ‘consent’. In today’s case (Morris v. Morris) the Plaintiff was injured when riding as a passenger in a vehicle driven by his brother. The vehicle was rented from Enterprise Rent-A-Car. The Plaintiff sued the driver and the rental car company. The…
ICBC Injury Claims and the “Volenti” Defence

MacIsaac

18 Nov 2009 | 3:19 pm

Volenti Non Fit Injuria is an old Latin phrase which generally means that a plaintiff cannot sue a defendant where the Plaintiff has consented to or willingly accepted the risk of harm. The Volenti Doctrine, when used successfully, can be a complete defence to a personal injury lawsuit. The Volenti defence has been raised many times in ICBC Injury Claims where a passenger rides with a knowingly impaired driver who then loses control and injures the passenger. Our Courts have severely limited the effectiveness of this defence over the years and reasons for judgement were released today…
Jury Instructions For ICBC Injury Claims With Multiple Years of Past Wage Loss

MacIsaac

17 Nov 2009 | 10:22 pm

If you have an ICBC Injury Claim heading for a Jury Trial reasons for judgement were released today demonstrating an effective ‘charge‘ to the Jury where multiple years of past income loss are at issue. Section 98 of the BC Insurance (Vehicle) Act limits past income loss awards to ‘net’ income loss in negligence claims stemming from BC motor vehicle collisions (Click here to read my previous post on this topic for some background). This limitation in law can significantly reduce a Plaintiff’s damages in a BC Injury Claim and reasons for judgement were released today…

Medicare Update
Senate Health Care Reform Bill Provides for Recovery Audit Contractor Expansion

Michael Apolskis

20 Nov 2009 | 9:56 am

In Section 6411 of the Patient Protection and Affordable Care Act (H.R.3590), the Senate Democratic health care reform bill provides for the expansion of the Recovery Audit Contractor (RAC) program.Specifically, Section 6411 provides for the Medicare RAC program to be expanded to Medicare Parts C and D by no later than December 31, 2010. Section 6411 also contains some special rules. For instance, Section 6411 would require the Secretary of the Department of Health and Human Services (Secretary) to ensure that Medicare RAC contracts require RACs to: Ensure that each Medicare Advantage plan…
House Passes Medicare Physician Payment Reform Act of 2009

Michael Apolskis

20 Nov 2009 | 6:12 am

On November 19, 2009, the U.S. House of Representatives passed (by a vote of 243-183) the Medicare Physician Payment the Medicare Physician Payment Reform Act of 2009 (H.R.3961). As previously reported, H.R.3961 would repeal the now 21.2 percent Medicare payment rate reduction for physician services in 2010 and restructure the sustainable growth rate (or SGR) formula. The Congressional Budget Office recently released a cost estimate for H.R.3961 indicating that it would increase direct spending by about $210 billion over the 2010-2019 period. Subscribe to Medicare Update, follow me on…
Senate Health Reform Bill Includes Significant Medicare Payment Reductions

Michael Apolskis

19 Nov 2009 | 12:36 pm

On November 18, 2009, the Congressional Budget Office (CBO) releases its cost estimate associated with the Senate Democrat's Patient Protection and Affordable Care Act (H.R.3590).According to the CBO, the provisions of H.R.3590 would cost $848 billion over 10 years (2010 - 2019), yield a net reduction to the Federal deficit of $130 billion over that time period, and extend insurance coverage to approximately 31 million eligible Americans.However, such projections include provisions that would make changes to payment rates and rules for Medicare, Medicaid and other Federal programs. In fact,…
CMS to Host Ambulance Open Door Forum

Michael Apolskis

19 Nov 2009 | 11:26 am

The Centers for Medicare & Medicaid Services (CMS) recently announced that it will hold the next Ambulance Open Door Forum at 2:00 p.m. (ET) on December 9, 2009. To participate by telephone, one must dial 1-800-837-1935 and reference conference ID 40386943. To participate in person, RSVP and security clearance is required. One must RSVP by 2:00 p.m. (ET) on December 4, 2009 to AmbulanceODF-L@cms.hhs.gov, and include your name, organization, telephone number, and "Ambulance" in the subject line. The Open Door Forum will take place at the Hubert H. Humphrey Building, 200…
UPDATE: White House Expresses Support for Medicare Physician Payment Reform Act

Michael Apolskis

19 Nov 2009 | 9:54 am

On November 18, 2009, the Office of Management and Budget released a statement strongly supporting the U.S. House of Representative's passage of the Medicare Physician Payment Reform Act of 2009 (H.R.3961). The American Medical Association reports that the House may vote on H.R.3961 today. H.R.3961 would repeal the now 21.2 percent Medicare payment rate reduction for physician services in 2010 and restructure the sustainable growth rate (or SGR) formula. The Congressional Budget Office recently released a cost estimate for H.R.3961 indicating that it would increase direct spending by about…

Florida Estate Planning Lawyer Blog
Jacksonville Loan Mortgage Modificiation Lawyer and Foreclosure Defense

David M. Goldman

18 Nov 2009 | 11:21 am

Many Jacksonville Foreclosure Lawyers see the poor attempt by banks to do loan modifications. Loan Modifications are in the news in Jacksonville Florida where it appears that many have been told to stop making payments to be eligible for a Mortgage Modification. Once individuals stop making payments, the banks have been known to stall and claim that they have lost the records. Often individuals who participate in loan modifications must resubmit documents every thirty days. Many do not qualify for the government supported loan modifications and are only offered minor drops in the payments. If…
Jacksonville Florida Probate and Foreclosure Defense

David M. Goldman

18 Nov 2009 | 8:54 am

as a Jacksonville Foreclosure Lawyers who also practices Florida Probate Law I see many Florida Estates where the decedent's home has negative equity. If you are appointed the Personal Representative of a Florida Probate you should explore Florida Foreclosure Defense. You may have a fiduciary duty to do so and preserve the assets of the estate. If you are considering a Florida Foreclosure Defense you will need to do a Formal Administration of the Probate so that a Florida Personal Representative can be appointed to defend the Florida Foreclosure and pursue counterclaims on behalf of the…
Florida Foreclosure and the Difference between Judicial and Non-Judicial Foreclosure?

David M. Goldman

18 Nov 2009 | 8:36 am

As a Jacksonville Foreclosure Lawyer its important to understand the difference and benefits of a Judicial Foreclosure state like Florida over a Non-Judicial Foreclosure state like California. Florida law requires that the lenders and mortgage companies seek a court judgment that allows for the foreclosure. This type of foreclosure is a Judicial Foreclosure. Over 20 states have non-judicial foreclosures and do not have the formal process. A Judicial foreclosure state, like Florida, is good for consumers because it provides a structure to file counterclaims and asset other defenses for Truth…
Duval County Florida Foreclosures

David M. Goldman

5 Nov 2009 | 1:20 pm

Duval County was one of the top locations in Florida for Foreclosures in Florida in September 2009. With over 55,000 foreclosures in Florida this month Duval County Ranked number 7 in the state.Jacksonville had 2299 Jacksonville Beach had 64 Atlantic Beach had 45 Neptune Beach had 12 This year there have been more than 484,000 foreclosures filed in Florida and only 68,000 of those homes have been sold. If you are facing foreclosure on your home or business, please contact a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Lawyers for a free consultation.
Jacksonville Foreclosure Defense Lawyer Information

David M. Goldman

5 Nov 2009 | 6:58 am

Jacksonville Foreclosure Lawyers from the Apple Law Firm will be attending a workshop in Jacksonville Florida on Defending Foreclosures in Florida on Friday November 6th. April Charney, a nationally recognized foreclosure expert will be featured at the foreclosure workshop. The Program will include * Federal and State laws that Govern Mortgage Origination * Understanding Loan Documents, Origination, and Closing Process * Servicing Problems and Post Origination Issues * Common Law / State Law Causes of Action and Affirmative Defenses for Foreclosure Cases * Drafting Discovery and Foreclosure…

Slaw
Fore!

Mark Lewis

20 Nov 2009 | 11:02 am

Notwithstanding the fine weather that many parts of the country are experiencing as November moves towards December, late November in Canada is usually a dark time for those of us with the golf bug. Into that dark, a little bit of legal light shines with the knowledge that a Happy Gilmore shot has been judicially defined. In 2008 NSSC 280 para. 7, the Happy Gilmore shot has been defined as, “…running from five to ten feet behind the ball and hitting it on the run.” In finding that the Happy Gilmore shot breached the standard of care owed to other players the justice asserts…
The Friday Fillip 2

Ted Tjaden

20 Nov 2009 | 10:49 am

As a counterpart to Simon’s post below on applying modern technology to 16th century information, I thought I would offer Pranav Mistry’s SixthSense Technology described as “a wearable gestural interface that augments the physical world around us with digital information and lets us use natural hand gestures to interact with that information.” Doesn’t sound like much? Watch the video of his explanations here from the TED Conferences page. I mean watch it now (a colleague just made me aware of it). It is one of the most breathtaking things I have seen and was…
The Friday Fillip

Simon Fodden

20 Nov 2009 | 9:00 am

One of the glories of the internet and the digital era is their ability to bring the past to us in a lively fashion. And the latest gift from the ages is the Shakespeare Quartos — the early, perhaps the earliest, published volumes of the Bard’s plays. (A quarto is a book size, coming from the fact that the large page on which the text was printed got folded four times before binding. Wikipedia is good on the topic.) The British Library has teamed up with other institutions holding quartos to make all of them available for your perusal online. Now, this is a feast for scholars, I…
Clearing the Ice

Simon Fodden

19 Nov 2009 | 8:11 am

As good as November has been to us here in Toronto, things will inevitably take a turn for the worse (I don’t ski), usually in the forms of snow and ice. And that, in turn, has us soon thinking of another aspect of Winter Law: the matter of slippery stuff on the sidewalk and the potential it creates for slips and falls. In Toronto, if you occupy a house, you’re required under a by-law [PDF] to clear the snow and ice from the sidewalks beside the house “within 12 hours after any fall of snow, rain or hail has ceased . . .” I’ve mused from time to time about the…
Interview with Cory Doctorow

Evan VanDyk

18 Nov 2009 | 7:46 pm

The Globe and Mail had an interview with author Cory Doctorow in the weekend edition. After talking to an audience in Toronto on the topic of “How to destroy the book”, he sat down to talk about the future of publishing. There’s one great line in the interview that will strike a chord with most lawyers: “I don’t think people write 26,000-word licence agreements in order to give you more rights,” [Doctorow] said. “They only do it to take away your rights.” And for our recent Kindle purchasers, he has some words of warning as well: “They gave everybody back…

Virtual Law Practice
Technology eReport: Setting Up a Web-Based Virtual Law Office

slkimbro

20 Nov 2009 | 7:56 am

Check out my article in the November issue of the ABA GP/Solo & Small Firm Technology eReport: Setting Up a Web-based Virtual Law Office. From the article: Consumers are actively seeking more affordable and convenient access to legal services over the Internet. Due to the cost of traditional legal services, they are turning to cutting and pasting together sample online legal documents or purchasing cheap legal forms online without the benefit of attorney review. The economic recession has further hastened this trend. To address consumer demand, more attorneys are opening web-based…
Minimum Requirements for Delivering Legal Services Online

slkimbro

17 Nov 2009 | 8:17 pm

Co-chairs of the ABA eLawyering Task Force, Marc Lauritsen and Richard Granat, have submitted a draft set of minimum requirements for delivering legal services online which was published in this month’s Law Practice Today. As a member of the Task Force, we have discussed these minimum requirements as a set of guidelines that attorneys will be able to turn to when they are interested in forming a virtual law practice . Once approved by the ABA’s LPM, these requirements may be used by different state bars as a way to guide attorneys in their states who are forming virtual law…
Does Your Virtual Law Practice Need a Phone Number?

slkimbro

16 Nov 2009 | 9:27 am

When I first opened my virtual law office almost four years ago, I wanted to handle every aspect of my practice online. With most of my client base, this worked fine and was what they preferred as well. I have an estate planning and small business setup practice and the majority of my clients are in their late twenties through late forties. However, I have a large number of clients over the age of 50, many of whom are retirees or who are interested for a variety of reasons in getting their estate planning in order for an affordable price and in a way that is convenient for them. …
Keane Award Nomination Info Available

slkimbro

16 Nov 2009 | 8:54 am

The updated materials for the ABA Jim Keane Award for Excellence in ELawyering have been posted on the ABA website for the 2010 Techshow and on the ELawyering Task Force website. Requirements to be considered for the award are listed as well as an online nomination form. Please also read my previous post about the award.
Response to “Ethical Pitfalls of Virtual Law Practice”

slkimbro

10 Nov 2009 | 12:01 pm

This past week an article came out in Lawyers USA Online entitled, “Ethical pitfalls of virtual law practice.” The article discusses some of the ethics risks that exist in this form of law practice. However, there are a number of safe-guards and smart practices that an attorney may engage in to avoid these “ethical pitfalls.” While the article quotes a handful of solutions, it does not cover all of the different options and resources that are available to attorneys who are concerned about these risks. Additionally, some other important ethics risks,…

IMS ExpertServices
Litigation is Recession Proof -- But are Experts?

Litigation is recession proof. That, at least, is the conventional wisdom. Can the same be said of expert witnesses?
10 Safe Social Networking Tips for Experts

LinkedIn. Facebook. Twitter. Blogs. Some say these social media sites offer brave new worlds of opportunity, marketing and collaboration.
10 Safe Social Networking Tips For Attorneys

LinkedIn. Facebook. Twitter. Blogs. Some say these social media sites offer legal professionals brave new worlds of opportunity, marketing and collaboration.
When What Happens Online Ends Up in Court

What happens in Vegas stays in Vegas. The same is not true of what happens online. With increasing regularity, litigants, lawyers, witnesses, jurors and even judges are seeing their online activities come back to haunt them in court.
Statistics Surge as Evidence in Trials

"There are three kinds of lies," Mark Twain once said, "lies, damned lies, and statistics."

Florida Estate Planning Lawyer Blog
Jacksonville Loan Mortgage Modificiation Lawyer and Foreclosure Defense

David M. Goldman

18 Nov 2009 | 11:21 am

Many Jacksonville Foreclosure Lawyers see the poor attempt by banks to do loan modifications. Loan Modifications are in the news in Jacksonville Florida where it appears that many have been told to stop making payments to be eligible for a Mortgage Modification. Once individuals stop making payments, the banks have been known to stall and claim that they have lost the records. Often individuals who participate in loan modifications must resubmit documents every thirty days. Many do not qualify for the government supported loan modifications and are only offered minor drops in the payments. If…
Jacksonville Florida Probate and Foreclosure Defense

David M. Goldman

18 Nov 2009 | 8:54 am

as a Jacksonville Foreclosure Lawyers who also practices Florida Probate Law I see many Florida Estates where the decedent's home has negative equity. If you are appointed the Personal Representative of a Florida Probate you should explore Florida Foreclosure Defense. You may have a fiduciary duty to do so and preserve the assets of the estate. If you are considering a Florida Foreclosure Defense you will need to do a Formal Administration of the Probate so that a Florida Personal Representative can be appointed to defend the Florida Foreclosure and pursue counterclaims on behalf of the…
Florida Foreclosure and the Difference between Judicial and Non-Judicial Foreclosure?

David M. Goldman

18 Nov 2009 | 8:36 am

As a Jacksonville Foreclosure Lawyer its important to understand the difference and benefits of a Judicial Foreclosure state like Florida over a Non-Judicial Foreclosure state like California. Florida law requires that the lenders and mortgage companies seek a court judgment that allows for the foreclosure. This type of foreclosure is a Judicial Foreclosure. Over 20 states have non-judicial foreclosures and do not have the formal process. A Judicial foreclosure state, like Florida, is good for consumers because it provides a structure to file counterclaims and asset other defenses for Truth…
Duval County Florida Foreclosures

David M. Goldman

5 Nov 2009 | 1:20 pm

Duval County was one of the top locations in Florida for Foreclosures in Florida in September 2009. With over 55,000 foreclosures in Florida this month Duval County Ranked number 7 in the state.Jacksonville had 2299 Jacksonville Beach had 64 Atlantic Beach had 45 Neptune Beach had 12 This year there have been more than 484,000 foreclosures filed in Florida and only 68,000 of those homes have been sold. If you are facing foreclosure on your home or business, please contact a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Lawyers for a free consultation.
Jacksonville Foreclosure Defense Lawyer Information

David M. Goldman

5 Nov 2009 | 6:58 am

Jacksonville Foreclosure Lawyers from the Apple Law Firm will be attending a workshop in Jacksonville Florida on Defending Foreclosures in Florida on Friday November 6th. April Charney, a nationally recognized foreclosure expert will be featured at the foreclosure workshop. The Program will include * Federal and State laws that Govern Mortgage Origination * Understanding Loan Documents, Origination, and Closing Process * Servicing Problems and Post Origination Issues * Common Law / State Law Causes of Action and Affirmative Defenses for Foreclosure Cases * Drafting Discovery and Foreclosure…

Next Generation Law
Targeting your Audience with a Laser, not a Shotgun

Kevin Thompson

15 Nov 2009 | 6:55 pm

Technology today allows us to zero in on the exact location of our customer base. Instead of casting huge nets with expensive commercials, we can be efficient with our limited time and money and communicate directly with our potential clients and customers. I’m a huge fan of writing ebooks for a targeted audience. If your readers find it useful, they’ll help you out by sharing it with friends. The shotgun approach of being universally appealing no longer works. Take Flying Dog for example. Flying Dog, a popular craft brewery based out of Maryland, has no chance of…
The Coasean Floor and the Advantages of a Small Practice

Kevin Thompson

3 Nov 2009 | 7:58 pm

Smaller businesses (ahem, law practices) have many advantages over larger ones. As the saying goes, “Small is the New Big.” In 1937, Ronald Coase, a Nobel Prize winner, illustrated one of the fundamental purposes behind large organizations: business can be expensive and sometimes it’s best if costs are spread out throughout a large enterprise. Due to operating costs, all businesses, large and small, have an inherent “Coasean floor” where a certain endeavor is not worth the organization’s time. But if costs are driven low enough, the Coasean Theorem…
Interviews

Kevin Thompson

1 Nov 2009 | 2:04 pm

I did two interviews last week and I want to provide them in one spot for your convenience. Recently, I was on the ACES Radio Live program with industry leaders, Troy Dooly and Jim Gillhouse. Troy and Jim are extremely influential leaders in the industry and it was an honor to be a part of their program. We had a great discussion about the legal ramifications facing distributors in the network marketing industry. Click here to listen to that program. We’ve received some good feedback from the audience, such as this statement from a listener: ”I have listened two times!
Interview with Len Clements

Kevin Thompson

28 Oct 2009 | 11:45 pm

Len Clements is a well respected guru in the network marketing industry and I’m glad to know him as a friend. He has an extraordinary amount of experience in the industry and has served multiple roles including distributor, pay plan consultant, and expert witness. He’s written books, hosted seminars, does his own podcast, etc. I was recently on his show and we engaged in a long discussion about the state of the network marketing industry. We discussed the differences between legitimate MLMs and pyramid schemes, Amway’s recent efforts to get their sales force under control,…
BarCamp 2009 Notes #bcn09bloglaw

Kevin Thompson

17 Oct 2009 | 7:40 am

If you attended my presentation at BarCamp Nashville, I prepared a detailed outline that highlights a lot of the content we covered. It’s all in one spot for your convenience. And don’t forget to subscribe to our newsletter to receive monthly updates about the changing laws in business. Enjoy. Presentation Notes

Native American Legal Update
New Moon -- old stereotypes?

20 Nov 2009 | 9:29 am

Of all the battles Native American communities have been compelled to fight to preserve their heritage and dignity, their most unlikely and unexpected foes have now become the most well-known in popular culture: Vampires, and the Hollywood studios who love them. The Summit Entertainment cinematic release “New Moon” is easily the blockbuster film event of the year (and perhaps the Century). Set in the traditional lands of the Quileute Nation near Forks, Washington, it continues the “Twilight” saga of vampires who interact uneasily with local mortals and the members of…
US Supreme Court Declines To Hear "Redskins" Trademark Case

16 Nov 2009 | 3:21 pm

The Supreme Court of the United States has refused to hear a lawsuit on behalf of Native American activists who assert the Washington Redskins' football team name is so offensive that it does not deserve trademark protection. The decision lets stand a lower court ruling that under the legal doctrine of “laches”, the plaintiffs waited too long to bring the challenge. The Court issued its ruling without substantive comment. American trademark law prohibits registration of a name that "may disparage . . . persons, living or dead, . . . or bring them into contempt, or…
President Obama's Memorandum On Tribal Relations

16 Nov 2009 | 2:21 pm

In conjunction with the 5 November 2009 Tribal Nations conference, President Obama has issued a White House Memorandum on Tribal Consultation to all executive departments and federal agencies. The Memorandum can be accessed here, and its full text is below: The United States has a unique legal and political relationship with Indian tribal governments, established through and confirmed by the Constitution of the United States, treaties, statutes, executive orders, and judicial decisions. In recognition of that special relationship, pursuant to Executive Order 13175 of November 6, 2000,…
War On Drugs Opens New Front: Tribal Lands

9 Nov 2009 | 8:49 am

Washington State Patrol Officers Seize Marijuana On Reservation The Wall Street Journal reports that Mexican drug gangs are attempting to increase profits and eliminate clashes with border police by growing more marijuana inside the United States – and specifically in remote areas of Native American reservations. In Washington state alone, the number of marijuana plants seized on Tribal lands has increased by a factor of 10 since 2006. Drug growers typically seek to operate in geographically remote areas that are rarely inspected by law enforcement. In past years, America’s large…
President Obama's Address To Tribal Nations

6 Nov 2009 | 11:30 am

President Obama's opening address at this week's Tribal Nation's conference can be viewed HERE.

Technology & Marketing Law Blog
A Look at Twitter's Updated Privacy Policy (November 19, 2009)

20 Nov 2009 | 12:15 pm

[Post by Venkat] As noted on Twitter's blog, Twitter refreshed its privacy policy yesterday. Given that virtually everything Twitter does...
Citysearch Click Fraud Class Certified--Menagerie v. Citysearch

18 Nov 2009 | 7:04 am

By Eric Goldman Menagerie Productions v. Citysearch, 2009 WL 3770668 (C.D. Cal. Nov. 9, 2009) While we don't hear much...
AALS Law & Computers Meeting in New Orleans

17 Nov 2009 | 9:24 pm

By Eric Goldman I'm pleased to announce the AALS Section on Law and Computers program at the AALS annual meeting...
Keylogger Software Company Not Liable for Eavesdropping by Ex-spouse -- Hayes v. SpectorSoft

15 Nov 2009 | 8:13 pm

[Posted by Venkat] In what probably belongs in the "software doesn't surreptitiously record conversations, people do" file, a federal court...
Tagged Settles Spam and Address Book Harvesting Claims Brought by NY and TX Authorities

12 Nov 2009 | 8:54 am

[Post by Venkat] Tagged, which is supposedly the "third-largest social networking site in the world" (whatever this means) recently settled...

JD Supra Legal Alerts: All
Annual California Roundup – Employment Law & 2009 Legislative Sessions in Sacramento and Washington, D.C By Marina Slavin .

Morrison & Foerster LLP

20 Nov 2009 | 5:48 am

Morrison & Foerster LLP
Don't Get Used By Usury Laws By Lee Potter, Duane Morris

Duane Morris LLP

20 Nov 2009 | 5:43 am

Duane Morris LLP
New York's Highest Court Up-holds Same Sex Marriage

Daniel Clement

20 Nov 2009 | 5:39 am

Daniel Clement
What Employers Need to Know About Different Types of Immigration Site Visits.

Nachman & Associates, P.C.

20 Nov 2009 | 1:57 am

Nachman & Associates, P.C.
2009 Trends in Business Development for Law Firms

Julie Savarino

20 Nov 2009 | 1:47 am

Julie Savarino

Consumer Class Actions and Mass Torts
California Federal Court Allows Nationwide UCL Class Action in Pay-Per-Click Suit Against CitySearch

20 Nov 2009 | 5:57 am

California state courts are reluctant to apply their Unfair Competition Law to a nationwide class. Perhaps it's because they recognize that theirs is one of the most liberal (and standardless) consumer fraud statutes in the nation. Whatever the cause, this reluctance made it all the more notable when Judge Christina A. Snyder held -- with little conflicts-of-law analysis whatsoever -- that the UCL could be applied to a nationwide class of advertisers suing Citysearch. See Menagerie Productions v. Citysearch, 2009 WL 3770668 (C.D. Cal. Nov. 9, 2009). Plaintiffs sought to…
Federal Court Grants Summary Judgment In Medical Monitoring Suit Over Train Derailment

19 Nov 2009 | 4:25 pm

In Mann v. CSX Transportation, Inc., Case No. 1:07-cv-3512, Slip op. (N.D. Ohio Nov. 10, 2009), plaintiffs sought medical monitoring as a result of a train derailment near Painesville, Ohio that resulted in a chemical fire that burned for 60 hours and forced the three-day evacuation of residents within a mile-and-a-half radius. Plaintiffs filed their putative class action within 24 hours of the evacuation being lifted. After discovery, the defendant moved for summary judgment, challenging the plaintiffs' expert proof in support of their claim. The court granted the…
Federal Court Refuses to Certify Personal Injury Class in Suture MDL

18 Nov 2009 | 1:14 pm

It's hardly news when another court refuses to certify a personal injury class action. These days, it's almost a given that such litigation presents too many individual issues of fact to meet the predominance standard of Rule 23(b)(3). But the recent decision from Judge Terrence Boyle in the Panacryl Sutures Multidistrict Litigation is notable for its considerable discussion of the choice of law problems presented by such claims. See In re Panacryl Sutures Prods. Liab. Cases, No. 5:08-MD-1959-BO, Slip op. (E.D.N.C. Nov. 13, 2009). In this case, plaintiffs alleged that they…
UPDATE: CSPI High Sodium Class Action Was Dismissed without a Written Opinion, and Gives Plaintiff Leave to Amend

16 Nov 2009 | 6:00 am

Last week I posted about a news article reporting that the Center for Science in the Public Interest's putative statewide class action pending in New Jersey against Denny's was dismissed for failure to meet the standards of the New Jersey Product Liability Act. Plaintiff had sued Denny's for injunctive relief under the New Jersey Consumer Fraud Statute for having menu items with high sodium content without disclosing the sodium content and warning about the risks of a high sodium diet. After unsuccessfully attempting to obtain the opinion in that action, I asked Steve Gardner -- the…
UPDATE: Judge Weinstein Dismisses Pre-Paid Phone Card Class Action

15 Nov 2009 | 8:21 am

Last month I posted about an advisory opinion issued by Judge Jack Weinstein in which he indicated that he likely would dismiss a putative class action over allegedly fraudulent sales practices involving pre-paid phone cards because the issue was better handled by the federal regulatory authorities than the courts. I pointed out at that time Judge Weinstein's unusual tactic of summoning the federal government, in the presence of an assistant US Attorney, to explain the federal government's activities in combatting fraud in the pre-paid phone card industry. Well, it's now official. …

Brent Britton
Three Reasons Why It’s the Dawn of the Entrepreneurial Age

bcjb

18 Nov 2009 | 8:27 pm

Three Reasons Why It’s the Dawn of the Entrepreneurial Age. Opening Keynote, TechVenture2009 Conference, 16 Nov 2009, Tampa Some moments matter more than others. Humanity is at an inflexion point in history that makes this moment the Entrepreneur’s moment. When the history of this time is written, they will call it the true dawn of the Entrepreneurial Age. If entrepreneurship is where technology and business come together, then historians will call this the time when technology and business truly got down to… business. They will point to the dot com boom of the late 90’s as a trifling…
Why Get Patents?

bcjb

11 Nov 2009 | 8:11 am

Why should I bother with patents? Don’t they take forever to be awarded? Doesn’t copyright last longer? (And aren’t patents evil?) The conservative (as in conservation of value – I’m not using it in the political sense) business practice is to patent wherever possible and use copyright registration or trade secret protection as simultaneous regimes alongside patents to protect assets. The protection afforded by a patent is substantially broader than other forms of IP protection, inasmuch as copyright only protects against direct copying of particular fixed expressions…
Why register a trademark?

bcjb

26 Oct 2009 | 9:05 am

Why should I spend all this money on registering a trademark? Isn’t my domain name enough? Short answer: because it’s cool to own stuff. Long answer: Your brand tells your customers where your products (and services) come from. In the minds of your customers, your brand is you. Artful brand selection fortifies market recognition. Pick a forgettable brand and risk obscurity. Wise companies select brands that are distinctive and not easily confused with the existing brands of competitors. Stronger brands tend to be those that are arbitrary or fanciful as compared to the goods or…
Why Use Website Terms of Service Agreements?

bcjb

14 Oct 2009 | 11:01 am

Why put a Terms of Service agreement on your website? Look, everything’s got a little legal legend to it, ok? You see them everywhere. The masthead of a magazine, the fine print on an advertisement, even the coffee cups at McDonald’s. Everything just seems to go better when emblazoned with a bunch of juicy legal notices. Right? Must be over 18. No purchase necessary. Void where prohibited. Maybe it’s just me. Admittedly, very few people ever read the Terms of Service on websites — it took over a month or so after Facebook changed its TOS earlier this year for anyone to notice.
Startup Legal FAQ 12 – Why Own IP?

bcjb

6 Oct 2009 | 6:12 am

What’s the big deal with owning all this IP? Isn’t there more to my company than just my IP? Yes, there is a bit more to your company than its Intellectual Property. But, on average, not much more. So it’s important to keep good records about the IP you have. Here is one of a bunch of good reasons why it’s useful for a startup to care about owning IP: If your company becomes the subject of serious interest by investors and acquirers, two of the basic questions their lawyers are going to ask as a part of their due diligence investigation are, “Do you own IP rights in your…

SECLaw.com - The Securities Law Blog
Hackers Liable for Insider Trading?

19 Nov 2009 | 8:03 am

I posed a question in an earlier post as to the liability of computer hackers for insider trading when they break into a company's computer systems, obtain material non-public information, and then trade on that information. There are a number of problems with that legal theory, as there is no fiduciary relationship between the hacker and the company. While the courts have eviscerated the legal underpinnings of 10(b)5 over the years, there is no support for the concept that a thief, a complete corporate outsider, has any liability under 10(b)5. His theft is a theft, it is not a fraud, and…
FBI Says Hackers Targeting Law Firms

18 Nov 2009 | 6:28 am

According to the NYT, hackers are increasingly targeting law firms and public relations companies with a sophisticated e-mail scheme that breaks into their computer networks to steal sensitive data, often linked to large corporate clients doing business overseas. This might be an interesting test of our insider trading laws. Hacker steals material, non-public information from law firm, trades. Is he liable for insidert trading violations? More>>>Technorati Tags: insider trading
New AIG Chief Threatens to Quit Over Pay

11 Nov 2009 | 7:32 am

It's tough working for the government, with politicans making business decisions.Unhappy over constraints imposed by U.S. government overseers, AIG Chief Executive Robert Benmosche told the company's board last week that he is considering stepping down, according to the Wall Street Journal. Benmosche is said to be unhappy over a recent compensation review by Kenneth Feinberg, the Treasury bailout program's special master for compensation. More>>>
Bear Stearns Hedge Fund Managers Not Guilty

11 Nov 2009 | 6:14 am

n a stunning defeat for the Justice Department, a federal jury in Brooklyn, N.Y., found two former Bear Stearns hedge fund managers not guilty of fraud charges Tuesday, only a day after jurors received the case.According to The New York Times, the jury found that Matthew Tannin and Ralph Cioffi did not lie to investors in painting a rosy picture of the health of two funds backed by subprime mortgages which later collapsed and cost investors $1.6 billion.The jury also acquitted Cioffi on an additional charge of insider trading, as prosecutors had accused the former portfolio manager of moving…
Former SEC Attorney Pleads Guilty in Dreier Case

10 Nov 2009 | 7:46 am

A lawyer pleaded guilty Monday to impersonating representatives of both a hedge fund and a pension fund in order to assist disgraced ex-attorney Marc S. Dreier in selling a phony promissory note.The surprise plea and the lawyer's agreement to cooperate with prosecutors raised the possibility there might be more arrests in the investigation of Dreier, the former sole equity partner of 250-lawyer Dreier LLP who is serving a 20-year sentence for peddling hundreds of millions of dollars in bogus notes to investors. More>>>

Downtown Lawyer
Eighth Circuit holds that Arkansas state courts correctly followed the totality-of-the-circumstances test in concluding a minor had knowingly and intelligently waived his Miranda rights.

Jodie L. Hill

18 Nov 2009 | 8:26 am

Bell v. Norris, No. 07-3432. In December 1992, Albert Bell, a sixteen-year-old, and his accomplice, Terry Sims, robbed a grocery story. Bell served as a decoy to distract a store employee who Sims subsequently shot and killed. A second store employee began screaming, and Sims shot and killed the employee while Bell took money from a cash register. After the robbery and murders, the two left the store, discarded the murder weapon, and drove to a friend’s home. Police initially considered Bell a potential witness and interviewed him, with his mother present, on January 5, 1993. Officers did…
Small victory for The Game in defamation case against him.

Jodie L. Hill

13 Nov 2009 | 9:53 am

Rapper Jayceon “The Game” Taylor was at a mall in Greensboro, North Carolina, when security guards told one of his entourage to stop filming without permission. He refused. The security guards called police. The Game refused to leave, and a crowd gathered to support him. The police dispersed the crowd with pepper spray and arrested The Game for disorderly conduct, trespass, and communicating threats. The Game produced a video of the incident, with footage of what they described as “The Game being wrongfully arrested and brutalized by the Police in North Carolina.” The…
Arkansas Supreme Court holds that service of process of a complaint is not invalid merely because it is unsigned.

Jodie L. Hill

6 Nov 2009 | 8:25 am

Jones v. Turner, No. 08-1438. In this collection action, Guy Jones filed a complaint in the Faulkner County Circuit Court against J. Eric Turner and Carco of Arkansas, Inc. (“Carco”), on March 31, 2008. Turner and Carco filed a motion to dismiss, arguing that, while the complaint filed in the Faulkner County Circuit Court had been signed as required by Rule 11 of the Arkansas Rules of Civil Procedure, the copy of the complaint served on them was unsigned. Under this reasoning, service of process under Rule 4 of the Arkansas Rules of Civil Procedure was defective. Jones responded that Rule…
Third Circuit determines that antitrust protections of Real Estate Settlement Procedures Act created a private right of action even if lender did not increase premiums.

Jodie L. Hill

3 Nov 2009 | 3:05 pm

According to its borrowers’ class action complaint, Countrywide Financial Corp. (“Countrywide”) forces buyers who put less than 20% down on their homes to buy private mortgage insurance (“PMI”) through one of six providers chosen by Countrywide. The providers then allegedly requested Countrywide to “reinsure” the policies with Countrywide affiliate Balboa Reinsurance Co. (“Balboa”) under a “captive reinsurance arrangement.” This scheme allowed Countrywide to collect a portion of the PMI premium, which was essentially a kickback for the referrals.
Arkansas Court of Appeals outlines requirements for unjust enrichment claim when the parties already have a contract.

Jodie L. Hill

30 Oct 2009 | 6:25 am

QHG of Springdale, Inc. v. Archer, No. CA07-1115. Dr. Ernest Archer, an OB/GYN, and his employer, QHG of Springdale (“QHG”), entered into a two-year employment contract in 2000. In 2002, they entered into a second, five-year contract. Dr. Archer complained that QHG (1) repeatedly denied his requests for vacation and continuing medical education, (2) failed to provide adequate personnel and equipment, and (3) failed to provide rotating call coverage. Specifically, Dr. Archer alleged that, with the exception of a few weeks here and there, he had been on call twenty-four hours a day, seven…

Social Media Law Student
What is Google Chrome OS?

Rex Gradeless

19 Nov 2009 | 6:43 pm

Related posts:Social Media Law Student Microblog Posts and LinksTop 100 Twitter Feeds for Law StudentsPodcast Ipsa Loquitur: Who to Blame for Tuition Hikes, the Facebook alibi, and Six Cardinal Rules for Social Media
Examining the Proposed Changes to the Federal Rules of Evidence

Josh Camson

19 Nov 2009 | 9:12 am

The federal judiciary recently posted a revised version of the Federal Rules of Evidence to solicit comments on the proposed changes. The revisions, overall, are a tremendous improvement over the current rules. They make the rules easier to read and understand. However, while the goal of these re-styled rules is to avoid any changes in meaning, I think some of the proposed changes will result in a change in meaning. Rule 404 Original Rule Proposed Revision (a) Character evidence generally. Evidence of a person’s character or a trait of character is not admissible for the purpose of proving…
Twitter Launches: Retweet to Share Tweets (BETA)

Rex Gradeless

18 Nov 2009 | 12:39 pm

I recevied the following message on Twitter today - depicted above (click image for larger view). Twitter is adding a special symbol (left) for tweets that have been retweeted. Not as earth shattering exciting as Twitter Lists but new nonetheless. The message from Twitter says: Hi there, you’re part of a beta group receiving this feature, which means you may start seeing retweets in a new way. People who don’t have this yet will see your retweets prefaced by “RT” Like before, when Twitter released Twitter Lists to a beta group, I have no idea how many have this new feature, who…
Google Scholar Search Now Includes U.S. Case Law and Legal Journals

Laura Bergus

17 Nov 2009 | 8:50 am

The legal research game has just taken a light-year shift, thanks to Google. Last night, Google quietly non-announced that Scholar search now includes U.S. federal and state case law and legal journals. Recently, the debate on open access to legal information has been raging, with some folks sticking up for the Westlaw/Lexis walled-garden approach that requires steep payments for “value-added” access to court opinions and legal articles and journals. (It’s worth noting that the disagreement focused on “free market” versus public/government-funded approaches, so…
SeatBuddy: Product Review

Yana Siganur

17 Nov 2009 | 8:00 am

The SeatBuddy is a rubber silicone case for your iPhone or iPod Touch. You put your device inside and use the two straps on its side to fasten it to something in front of you, including car/plane/bus headrests, treadmills, etc. The idea is that now you can watch videos or browse your device hands free while you’re exercising or travelling and not worry about it falling off whatever you propped it on. Advantages Hands free action! Long distance trips (where you’re not driving of course) are definitely more bearable when you have a couple of videos on your device to get you through it.

ArkansasAppeals.com
Appellate Court Rule Changes Effective January 1, 2010

Cullen & Co., PLLC

11 Nov 2009 | 3:43 pm

The Arkansas Supreme Court handed down a per curiam decision on October 29, 2009, that makes several changes to various Arkansas Supreme Court Rules. Two significant changes include: (1) the change in the font size for appellate briefs to 14 points and (2) the change in the page length for opening briefs to 30 pages. Note that there is no change to the limit of 15 pages for an appellant’s reply brief. Justice Danielson, concurring in the per curiam decision, expresses his hope that the enforcement of the Court’s rules is made a high priority. View the per curiam here to read…
Justice Imber to Retire from the Arkansas Supreme Court at the End of 2009

Cullen & Co., PLLC

9 Sep 2009 | 5:59 pm

Arkansas Business reports that Justice Imber plans to retire at the end of the year. Gov. Mike Beebe on Thursday announced that Imber plans to retire on Jan. 1, one year before her term on the court ends. Beebe’s office said she informed him of the decision Wednesday and said she cited personal reasons and a wish to pursue new service opportunities. Beebe did not say who he would appoint to serve the final year of Imber’s term. The governor praised her as a “thoughtful” judge. Imber has served on the court since 1997. For the full story, follow this link. Posted in…
Legislative Changes to Appellate Court Filing Fees are Effective July 1, 2009

Cullen & Co., PLLC

23 Jun 2009 | 8:54 am

The Arkansas Supreme Court posted a reminder yesterday that the “Court Technology Improvement Act of 2009” ACT 328 (HB 1353)will go into effect next week, on July 1, 2009. Pursuant to the Act, the Supreme Court Clerk is permitted to charge the following fees: • A fee of $150.00 for a certified question from a federal court • A fee of $25.00 for each petition for rehearing filed; • A “court technology fee” of $15.00 for every civil action or misdemeanor case filed in either the Court of Appeals or the Supreme Court. • The Clerk of the Supreme Court shall be paid by the…
Arkansas Supreme Court Proposes Rule Changes as Possible Solution to Brief Deficiencies

Cullen & Co., PLLC

5 Jun 2009 | 9:28 am

The per curiam handed down by the Arkansas Supreme Court on June 4, 2009–In Re: Arkansas Supreme Court and Court of Appeals Rules 4-1 and 4-2–voices the Court’s frustration with deficiencies in appellate briefs that have been filed over the past few years: Two years ago, this court highlighted problems relating to attorneys’ failure to comply with the rules for appellate briefs. In re Appellate Practice Concerning Defective Briefs, 369 Ark. App’x 553 (2007). Our warning apparently went unheeded. We continue to have to order rebriefing. In the 2006-07 court term, we…
Arkansas Court of Appeals Dismisses Case without Prejudice for Lack of Final Order; Court Notes that Only Documents From the Record May be Included in an Appellant’s Addendum

Cullen & Co., PLLC

3 Jun 2009 | 1:30 pm

Today’s unpublished per curiam from the Court of Appeals (en banc)–Bank of the Ozarks v. Jim Wood Co., Case No. CA08-1488–serves as a reminder to practitioners of the necessity of appealing from a final order: The finality problem arises because the Bank’s claim against Capital has not been adjudicated, non-suited, or otherwise resolved by the circuit court. Under Ark. R. Civ. P. 54(b), an order that fails to adjudicate all of the claims as to all of the parties is not final for purposes of appeal. Although the circuit court may direct entry of a final judgment as…

Bankruptcy News & Articles
Bernanke glad that job loss ‘getting worse more slowly’ while Senator Whitehouse pursues medical-debt bankruptcy relief

Mike Hinshaw

20 Nov 2009 | 1:03 pm

With mixed-news noise dominating any clear signal of a consumer-level recovery from The Great Recession, at least one Senator is still hoping to make the bankruptcy code more useful to individuals filers. On the slightly brighter side of recent announcements, the big consumer-credit players are saying that even though credit-card delinquencies rose in October, out and out defaults fell more than expected–which is a good sign. And as Bloomberg reported Nov. 17, “Wholesale prices in the U.S. increased in October for just the second time in the past four months, indicating inflation…
GDP good Recession news? Consumer strife data say no as bankruptcies rise along with unemployment and forclosures

Mike Hinshaw

30 Oct 2009 | 3:22 pm

We left the Phat Lady of the Turnaround headed back to her dressing room, not yet ready to sing the praises of the end of the Recession and the start of a shiny future. In fact, foreign observers may have a better feel for the plight of the U.S. consumer than do many domestic pundits and measures that just don’t seem to get it. For example, an Oct. 26 report from MarketWatch tells us, “A broad gauge of U.S. economic activity rose above the level that typifies recessions, the Federal Reserve Bank of Chicago reported Monday.” But here’s an account from Oct. 28…from…
Case-Shiller outlook on housing recovery too optimistic, says Fiserv, which sees more price drops ahead in 342 markets

Mike Hinshaw

21 Oct 2009 | 1:30 pm

For those who are considering selling their homes as a way to avoid bankruptcy, two recent reports are contradictory–except for a few, select markets. One Oct. 19 account at CNBC mentions renewed confidence in the housing market, including data from “the Case-Shiller Home Price Index showing an unprecedented reversal from negative to positive growth in the summer months.” But a CNNMoney piece finds otherwise, in fact singling out the Case-Shiller data as too optimistic. Of course, to paraphrase the cliche, all real estate is local. Still, unprecedented reversal sounds pretty…
Levitin paper explains how change to bankruptcy law could provide the best solution to the nationwide foreclosure crisis

Mike Hinshaw

2 Oct 2009 | 7:19 pm

If you’re trying to save your home, you should realize that you might qualify for bankruptcy protection. If this applies to you, you really, really need to read this–and I mean all the way through. We’ve covered several of these topics before, but spread over several posts. Today we’re going to gather in one post some very specific points from an April 2009 paper by Adam J. Levitin, titled “Resolving The Foreclosure Crisis: Modification of Mortgages in Bankruptcy.” Basically, Levitin challenges “the economic assumption underlying the policy against…
Exactly who is singing, now? Mack, approaching exit from Morgan Stanley, and Bernanke assert the worst is over admidst new reports that credit-card industry abetted bankruptcy abuse

Mike Hinshaw

18 Sep 2009 | 6:52 pm

Fibs, lies, and statistics: the old saw popularized by Mark Twain, and said to trace to Disraeli, is certainly a jumping-off point for recent news and discussions. Case in point–are we turning around the financial crisis? Or not? Recapping a Reuters Television appearance today of the outgoing Morgan Stanley John Mack, CNBC posted the headline, “Worst Over for World Economy: Morgan Stanley CEO.” And here’s a Sept. 15 clip of Fed Reserve Chairman Ben Bernanke saying he thinks the recession “has very likely” bottomed out. More optimism is borne out in the…

Georgia Debt Law ::. Bankruptcy Blog
Mortgage Modification Program Gaining Momentum?

Rob

11 Nov 2009 | 9:56 am

Many homeowners struggling to make the payments on their mortgage were promised help from President Barack Obama’s Making Home Affordable program, but only 20 percent of those eligible for the program have begun trial modifications on their home loans, according to information released by the Treasury Department. Once the homeowner is in the trial modification, they must stay current on their new mortgage payment for three months they can apply to turn the trial into a permanent modification. A story about the issue in the Wall Street Journal, one mortgage servicing company in has…
Who is filing bankruptcy?

Rob

29 Oct 2009 | 10:29 am

Interesting question, isn’t it? In my experience, there is a broad spectrum of people filing bankruptcy in Atlanta. But the people at FancyStats.com have created a graphic with demographic data showing that the average person who filed bankruptcy in 2008 was a married Caucasian, between 35-44 years old, with a high school diploma, who made less than $30,000 a year. I think you can find more diversity in the numbers than that, so I included their graphic so you can make a decision for yourself.
Retail Foreclosures Could Impede Recovery In Atlanta

Rob

27 Oct 2009 | 12:32 pm

Economists are predicting that the unemployment rate will drop dramatically in Atlanta in by the second quarter of 2010. I would like to think they know what they are talking about, but I recently read that foreclosures on retail properties and commercial developments are on the rise. Defaults on these loans will affect the ability of other businesses in the area to secure financing in order to keep growing, which may result in slower recovery than expected. I think that the recovery should be on the way, but if you are scraping by now thinking that you can wait until the recovery in summer…
Incomes Flat, Unemployment Unchanged, Did Someone Say This Recession Was Over?

Rob

16 Oct 2009 | 2:21 pm

Treasury Secretary Tim Geitner and Federal Reserve Chairman Ben Bernanke have been saying that the numbers show that the recession is over and that the economy is on the upswing. Little comfort in Georgia, where according to a report in today’s Atlanta Journal-Constitution, unemployment seems to be pegged at 10.1 percent and incomes remained flat. People are still struggling to pay their bills and keep their heads above water here in Atlanta. (Now that we have had some rain we can talk about being underwater again.) Most experts will tell you that recovery in the numbers that show the…
King Siblings Reach Settlement

Rob

13 Oct 2009 | 12:21 pm

In an interesting case that reflects how families can let perceived slights and disagreements build into public brawls. The three surviving children of the late Martin Luther King Jr. and the late Correta Scott King have agreed to allow the court to appoint a third-party custodian to manage King Inc, the corporation that controls the use of their father’s papers, intellectual property and materials. Dexter King, who serves as president of the company, told reporters that he would maintain that position but would allow the custodian to manage the “family business”. His…

Technola
Berkman Center Launches Initiative to Provide Pro Bono Legal Help to Online Journalists

20 Nov 2009 | 9:09 am

Harvard’s Berkman Center recently launched the Online Media Legal Network (OMLN), a U.S. network of top law firms, law schools, in-house counsel, and lawyers willing to provide pro bono legal assistance to “qualifying online journalism ventures and other digital media creators.” Part of the Center’s Citizen Media Law Project, OMLN’s website allows lawyers to submit an application to provide legal assistance and clients to request legal help. Services include business formation and governance, copyright and fair use, access to government information, and…
Equal Justice Works Updates and Redesigns Online Guide to Law Schools

18 Nov 2009 | 8:36 am

Equal Justice Works has redesigned and updated their online guide to law schools for prospective law students interested in pursuing a career in public interest law. The redesigned Guide, which was previously done in partnership with Newsweek, offers better data and filtering options than earlier versions. While the Guide provides useful data for those trying to choose a law school based on public interest programs and placements, among other factors, it does not rank law schools. A press release announcing the launch of the Guide is available here. -M
Cloud Computing Explained

17 Nov 2009 | 6:45 pm

You've heard the term "cloud computing," but do you know what that means? Wikipedia tells us that Cloud computing is Internet- ("cloud-") based development and use of computer technology ("computing").[1] In concept, it is a paradigm shift whereby details are abstracted from the users who no longer need knowledge of, expertise in, or control over the technology infrastructure "in the cloud" that supports them.[2] It typically involves the provision of dynamically scalable and often virtualized resources as a service over the Internet. All clear now? No?
Search Case Law and Legal Journals with Google Scholar

17 Nov 2009 | 9:39 am

Google Scholar now includes case law and legal journals as part of its online collection of searchable scholarship. Users can either select “legal opinions and journals” when they initiate a basic search or use the advanced search to filter by state or federal court opinions. The results set includes a variety of useful metadata, including the case cite and “how cited,” a list of opinions that cite the source case. The collection also includes law review and journal articles, although these results are primarily links to HeinOnline, which requires a subscription. -M…
Technology Sessions at the 2009 NLADA Conference

13 Nov 2009 | 11:57 am

The annual National Legal Aid and Defender Association (NLADA) conference is taking place November 18-21 in Denver, CO. As always, there are a number of great sessions focusing on technology, including online video, social media, GIS/mapping, document assembly, statewide websites, and the strategic role of technology in legal services delivery. Thursday, November 19 10:15-11:45 Wise Investing for Lean Times: Strategies for Capacity Building and Finding Partners with Common Interests for Technology Projects Social Media Tools for Advocacy, Fundraising and Connecting 5:30-6:30 NLADA Technology…

Allen and Allen Law Blog
Safety Tips for Deep Frying a Thanksgiving Turkey

ejk

17 Nov 2009 | 7:43 am

Safety is a must when deep frying a turkey. The latest trend in preparing a Thanksgiving turkey is deep frying. The results can be delicious but it can also be dangerous. (1) Without adhering to certain safety precautions, you may end up with an injury or fire. (2) Deep Fryers can be dangerous for a number of reasons: The fryer units can easily tip over, spilling the approximately five gallons of hot oil contained within the cooking pot. Overfilling the pot with oil can result in oil overflowing out of the unit when the turkey is placed into the cooking pot. This oil may hit the burner or…
How About Stopping Medical Malpractice?

ejk

12 Nov 2009 | 8:08 am

Attorney Matthew B. Murray Author: Attorney Matthew B. Murray Recent commentary in the local papers has contained several worthwhile suggestions to reduce health care costs. But some have also included the customary bash at medical malpractice victims and their lawyers, and claim the way to reduce health care costs is to put a cap on the damages injured victims can recover. According to the Institute of Medicine, 98,000 people are killed annually by preventable medical errors. (1) In sheer numbers, if it were listed as its own category for causes of death, it would be the sixth largest cause…
Traumatic Brain Injuries – More Common than You Might Think

ejk

9 Nov 2009 | 12:24 pm

Attorney Jason W. Konvicka Author: Attorney Jason W. Konvicka I recently read an article that stated that a person sustains a traumatic brain injury (TBI) in the United States every 21 seconds. In fact, the same article indicated that traumatic brain injuries occur more frequently and affect more people than breast cancer, AIDS, and Alzheimer’s disease combined. At first, I found these statistics surprising. I even questioned their accuracy despite having personally represented numerous traumatic brain injury victims over the years. Then, after further thought, the statistics made sense. It…
Torts: The Distinction Between Civil Actions and Crime and Punishment – A Primer

ejk

5 Nov 2009 | 10:49 am

Attorney Nathan J. D. Veldhuis Author: Attorney Nathan J. D. Velduis Black’s Law Dictionary (7th Edition) (1) defines a “tort” as: “A civil wrong for which a remedy may be obtained, usually in the form of damages; a breach of a duty that the law imposes on everyone in the same relation to one another as those involved in a given transaction.” The word, “tort” is a French word which means a “fault” or a “wrong.” (2) Torts are not claims for breach of contract, except in very special and limited contexts. Torts can, but do not have to, constitute crimes. Actions in tort…
Motor Vehicle Accidents in Virginia - Why hire an attorney? – Part Two

ejk

3 Nov 2009 | 2:02 pm

Attorney R. Clayton Allen Author: Attorney R. Clayton Allen, Esquire In Part One, I talked about some considerations of why you might hire a personal injury attorney, and some ways insurance companies may take advantage of you if you don’t have an attorney. In Part Two, I’ll discuss some additional considerations. 1. The more money that is involved, the more you have to lose if you handle it wrong. And the more incentive the insurance company has to take advantage of you. If your injuries and losses are small, then if you make a mistake in handling your claim then you haven’t lost much.

Decoupling
The Split: Bringing Home The Check

liz

12 Nov 2009 | 4:43 pm

The Split is an on-going series in which Decoupling talks to the people who are perhaps most affected by divorce – the kids. We sat down with adults whose parents divorced when they were kids and talked to them about how their folks’ split affected them. Each article will address one particular aspect of their experiences. In this first article…
Am I Entitled To Some Of My Ex-Husband’s Social Security?

katy

4 Nov 2009 | 10:49 am

Question My husband and I are divorcing after 18 years of marriage. I stayed at home with our kids for nearly eight years, and even after I went back to work I never made nearly as much as he did. We are dividing our other retirement accounts, but our divorce decree says nothing about social security. Am I entitled to some…
Pop Quiz: The Contemptuous Mother, The Absent Father, and the Problem Child

liz

3 Nov 2009 | 3:03 pm

This quiz examines some of the considerations that a court addresses when determining whether to make significant changes to a Parenting Plan, such as by ordering that a child move from living primarily with one parent to the other. In Washington custody cases, the court’s top priority is promoting a child’s “best interests.” Another lesser, but still important priority is promoting…
I Suspect I’m Paying My Ex Too Much for Daycare – What Should I Do?

liz

26 Oct 2009 | 5:23 pm

Question When our child support order was entered a few years ago, I was ordered to pay my ex a certain amount each month for our kid’s day care – in addition to what I pay for child support. I suspect that my ex isn’t actually spending that much on care for our children anymore – what can I do to…
Am I In a Common Law Marriage?

liz

15 Oct 2009 | 4:19 pm

Question I’ve lived with my boyfriend for over ten years, are we in a common law marriage? Are these two "married"? Answer No – not if you and your boyfriend live in Washington. Eleven states recognize “common law marriage”, but Washington is not one of them. “Common law marriage” is a a legal status given to some couples who have not had a formal…

New Jersey Attorney Law Review Blog
Prominent NJ Law Firm Sues Former Associate for Website Infringement

Glenn R. Reiser

12 Nov 2009 | 8:40 pm

(November 2009) Levinson Axelrod, a prominent New Jersey personal injury law firm, has filed suit against its former disgruntled associate, Edward Heyburn, who in September 2009 registered and published a website domain using Levinson Axelrod's name for the purpose of airing his grievances against them. The firm filed suit in the Superior Court of New Jersey on an emergent basis, seeking to shut down the website, www.levinsonaxelrod.net, alleging, among other claims, that the content posted on the site is defaming the firm's reputation, the site is diverting traffic from the firm's legitimate…
Attorney-Client Privilege Attaches to Employee Yahoo! E-Mails Sent Through Employer's Computer

Glenn R. Reiser

29 Jul 2009 | 8:40 pm

In a published decision issued on June 26, 2009 in an employment litigation case, a New Jersey appeals court held that the attorney-client privilege applies to e-mails that the employee sent to her attorney while accessing the company's computer to send the e-mails through her private Yahoo! e-mail account. (Stengart v. Loving Care Agency Inc., A.-35-6-08T1). With all due respect to the trial court, in my March 9, 2009 post discussing this case I expressed my opinion that the trial judge's decision was incorrect and predicted that an interlocutory appeal would be forthcoming because of the…
Bergen County Judge Rules No Attorney-Client Privilege Attaches to E-Mail Sent by Employee’s Personal Yahoo! Account While Using Company’s Computer

Glenn R. Reiser

9 Mar 2009 | 10:11 am

Before Maria Stengart quit her job, she was already making plans to sue her employer. She e-mailed her lawyer during business hours from her company-issued laptop, though she was circumspect enough to use her personal Web-based Yahoo e-mail account. It was not until discovery in the ensuing hostile-workplace, constructive-discharge case that she learned company lawyers had a copy of the message, which was automatically saved on the laptop's hard drive as a temporary file.Now a Bergen County judge, Estella De La Cruz, has held the e-mail isn't protected as an attorney-client communication,…
NJ Trial Court Tosses Defamation Case Against Hot Chicks With Douchebags

Glenn R. Reiser

26 Feb 2009 | 7:08 pm

A Superior Court judge in Bergen County New Jersey dismissed a defamation case against a number of defendants based on the claims of two women who sued over photographs taken of them clubbing at a Clifton, NJ bar which were included in a book titled, "Hot Chicks With Douchebags," published by a Simon & Schuster division.In a 9-page written opinion granting summary judgment, the trial judge dismissed the complaint finding there was no actionable defamation claim because the photographs and accompanying text are used for humorous social commentary and the book is protected by the First…
NJ Supreme Court Orders New Trial Due To Appearance of Impropriety Created by Retiring Trial Judge Negotiating Employment With Trial Counsel

Glenn R. Reiser

24 Sep 2008 | 2:08 pm

In an important decision that provides guidelines for retiring judges seeking future employment in the legal profession, on September 24, 2008 the New Jersey Supreme Court ordered that a new trial must be conducted because of the appearance of impropriety created by a then soon-to-be retiring Chancery Court trial judge who, before the case had been concluded, began negotiating employment with an attorney appearing before him whose firm represented one of the litigants in the same case. DeNike v. Cupo (A-61-07, September 24, 2008).In so ruling, the New Jersey Supreme Court reversed the…

The Client Revolution
An alternative to "alternative billing"

Jay Shepherd

19 Nov 2009 | 11:30 pm

Words matter. What we call something matters. The name we give something usually provides people with the first opportunity to form an opinion about that something, so it's important that the name fits. I hate "alternative billing." (If someone quotes me on this, make sure they include the quotation marks.) It's a terrible term; one that does injustice to the concept. As I've said before, it has a seamy connotation to it, like "alternative lifestyle." It seems vaguely Berkeley or Brookline or (gasp) Vermont, which makes tradition-bound lawyers very uncomfortable. We need an alternative for…
Boston Business Journal reports on killing billable hours

Jay Shepherd

15 Nov 2009 | 10:27 pm

The Boston Business Journal ran a nice profile on our firm, Shepherd, and how we got rid of the billable hour three years ago. Lisa van der Pool, the BBJ's top-notch legal-beat reporter, did the interview and wrote the story. The piece is called "Rebel with a clause: Lawyer is fixed on reforming the billable hour." Lisa describes how we changed our business model: For the first eight years of running ... Shepherd Law Group, Shepherd billed clients by the hour. But soon after starting the firm he began to research everything about the billable hour, including how long it had been in use and…
Are cellphones companies smarter than law firms?

Jay Shepherd

15 Nov 2009 | 9:57 pm

Could be. Now, it's true: I've been known to criticize law firms and their business models on this page and elsewhere. But I'm also no kind of fan of cellphone companies. I've been an iPhone user since the day the phone dropped, and my biggest complaint has always been AT&T's coverage. Before that, I (like many iPhone users) had Verizon, which had better coverage but questionable customer service. Also, like most people, I can't stand being locked into a two-year contract for anything. I have a mortgage, an office lease, and a marriage: that's plenty of long-term commitment for me. Cellphone…
Why law firms should be treated like pizza joints

Jay Shepherd

13 Sep 2009 | 9:09 pm

Less than a mile from my house, just over the town line, is the village of Wellesley Lower Falls. It's not quite as quaint as it sounds. Basically, it's a quarter-mile strip of fairly busy road (Route 16) right by the Charles River. There are maybe a dozen retail establishments on this quarter mile, and five of them are pizza joints. Now despite what Mel Brooks has said about pizza, you might think that's a lot of pizza for a small space. And you're probably right. First there's Wellesley House of Pizza. Around the corner is Mark's Pizza and Subs. And just up the street half a block is…
"How do you set your prices?"

Jay Shepherd

27 Aug 2009 | 8:38 pm

This is the question I hear the most. (It isn't, sadly, "How did you get to be so flippin' handsome?" That's second.) Unsurprisingly, I get this question mostly from other lawyers, and sometimes from in-house counsel. They ask this question because my firm, Shepherd Law Group, hasn't billed a single hour since 2006. We work for employers lowering their workplace risk and charging fixed prices for our services. So lawyers are always asking this question. The question is at the heart of lawyers' hesitation to break their addiction to hourly billing and make the leap to fixed pricing. It is the…

ParalegalGateway's Web Blog
ParalegalGateway Announces 2010 Paralegal Superstars

ParaGate

20 Nov 2009 | 11:10 am

ParalegalGateway is proud to announce the selection of our 2010 Paralegal Superstars. After receiving well over one-hundred nominations these final twelve individuals were chosen for their outstanding commitment to the Paralegal profession and/or their communities. This year was by far the most competitive year ever with regard to coming up with a top twelve and we sincerely thank everyone who submitted a nomination - all are very worthy of being a Superstar - however we could only pick 12. Amy Shillingburg - San Diego, CAJeannie Cartabiano - Redlands, CACatherine McKenzie - Vero Beach,…
Laugh A Little: A Bit of Paralegal Humor

ParaGate

19 Nov 2009 | 11:06 am
First Paralegal Election Will Mark Milestone for Profession

ParaGate

19 Nov 2009 | 9:44 am

We've been keeping an eye on our Paralegal colleagues in Canada for some time. They are truly leading the way for our Profession and it would be great to see the same take shape in some form in the US. TORONTO, ONTARIO--(Marketwire - Nov. 18, 2009) - Licensed paralegals in Ontario will mark a major milestone in March 2010 when they take part in the first ever vote to elect five of their colleagues to join the Paralegal Standing Committee of the Law Society of Upper Canada. The first five paralegal members of the current committee were appointed by the Ontario government in November 2006 to…
Meet Paralegal Dave Moyer

ParaGate

19 Nov 2009 | 9:02 am

We recently had the honor of meeting long-time friend and freelance Paralegal Dave Moyer. Dave owns and operates Moyer Paralegal Services in Ohio (www.MoyerParalegal.com) and runs the largest freelance Paralegal forum on Yahoo! Groups. We have learned so much from Dave over the years and are thrilled to be able to introduce him virtually to our readers.
Paralegals and Attorneys Help Victims of Domestic Abuse

ParaGate

17 Nov 2009 | 12:48 pm

It’s called “The Missing Link” and not everybody is supposed to know too much about it since there are people who could use this information for bad intentions. The Missing Link is not a secret society. It’s simply a group of legal professionals who saw a need to help people who are suffering physical abuse at the hands of the very people who are supposed to love them. Once a month, since 2005, this group of attorneys and paralegals gather at a somewhat secretive and secure location to meet with the victims of domestic abuse in order to help them clear one of the biggest hurdles they…

New York Business Law
Why your Social Networking Policy Should Address Collaboration

Fred Abramson

16 Nov 2009 | 12:52 pm

Image by notoriousxl via Flickr I have a friend who is an accountant at a small firm. Lets call him Cliff. Cliff greets everyone with a compliment and is an ace accountant. Cliff surfs the internet at work. Cliff was recently on Twitter, looking for people to follow. He becomes Twitter “friends” with Samantha, an accountant at Hobes and Hobes, a rival firm. From the looks of Samantha’s avatar, she is attractive. Samantha asks Cliff to meet him at a bar after work. After a few dirty martinis, Cliff tells Samantha that his accounting firm is about to land Giggle,…
The Best Social Media/Entrepreneur Newsletter of the Year… Chris Brogan

Fred Abramson

10 Nov 2009 | 11:01 am

If you are not on Chris Brogan’s mailing list, you don’t know what your missing. Here’s the link…. http://bit.ly/2vIPLA If you have 50 minutes, watch this video of Chris Brogan speaking about his book Trust Agents. Enjoy! Share and Enjoy: Related posts:Social Media for Lawyers II tomorrow (I will be speaking) #sm4lawReview of Chris Brogan’s Trust Summit: Be a Priest and Build a Church
How Bloggers and Advertisers Can Legally Protect Themselves from the New FTC Rules

Fred Abramson

9 Nov 2009 | 12:15 pm

In early October, the FTC published its guidelines governing testimonials. The main purpose of these new guidelines is to protect the public from hidden endorsements. Many bloggers are paid by advertisers to write about a product. If you are a tech blogger and you were handed a shiny Droid phone by Verizon to blog about its new camera, you are now required to disclose that relationship. The new guidelines have teeth, with fines of up to $11,000 for not disclosing payments. How are bloggers and advertisers able to protect themselves from an unwanted legal action? ADVERTISERS AND…
The bar is high for Defamation Lawsuits against reviewers on Yelp and “Gripe” sites.

Fred Abramson

3 Nov 2009 | 10:32 am

Image via Wikipedia Unhappy customers are a fact of life for small businesses. In the past, if a customer was was not pleased about the Miso Black Cod he would simply kvetch to a hundred of his closest friends and never return (unless he was Larry David). Web 2.0 has changed the way people complain. Disgruntled customers now spend their time logging on to Yelp, Facebook and “Gripe” sites to express their feelings to the net citizens of the world. A poor review on Yelp could create losses of thousands of dollars. If the review is defamatory, should you sue? The New York…
Monday Inspiration: Grind it out and Crush it.

Fred Abramson

2 Nov 2009 | 12:15 pm

It is gray and bit dreary today in New York. After a weekend devoted to Halloween, football and Yankees, I can bet that you are not bringing your A game to work today. It’s time to grind it out. Watch this video by Gary Vaynerchuck and go out and kick some ass. Share and Enjoy: No related posts.

Construction Law Musings
Vik Duggal- Head Konstructicon

Christopher G. Hill

20 Nov 2009 | 5:15 pm

For today’s Guest Post Friday, we have the pleasure of a second post, this one by video, from Vik Duggal, a good friend and the founder and energy behind a great resource for construction pros, the Konstructr network. Please add your comment below and subscribe to keep up with the latest Construction Law Musings. Related Musings:The Man Behind The MusingsVik Duggal- The Brain Behind the Konstructr NetworkBuild2Sustain- A Video IntroductionGreat K-Cast on Stimulus PackageGreen Lighting and Sustainable ConstructionGHTime Code(s): 0d141 950d0 f924b a457d
Why Construction Law?

Christopher G. Hill

16 Nov 2009 | 6:03 am

As I sit here and contemplate the almost 1 year of Construction Law Musings, I realized that I have not ever really explained why I like what I do. If you had asked me in law school if I was looking to be a construction lawyer, I likely would have looked at you as if you were from another planet. I knew I wanted to get into court but that was about it. The fact is, I basically fell into construction without much planning ahead. I worked at the Office of the Attorney General of Virginia out of law school representing the Virginia Department of Corrections. After close to 5 years of…
Don’t Get Burned- Fire Safety on the Job Site

Christopher G. Hill

13 Nov 2009 | 6:00 am

For this week’s Guest Post Friday, Musings welcomes ABCO Fire Protection (@abcofire). ABCO Fire Protection is a regional provider of fire protection services in Ohio, Michigan and Pennsylvania. ABCO provides fire safety products that protect life and property. While most people pay close attention to fire safety in homes and public buildings it is also important to note fire safety precautions and regulations when building on a job site. On a job site there are a number of items to pay close attention to. First and foremost, it is important to have a fire protection plan. Floor plans…
Urban Retrofits, Tall Buildings, and Sustainability

Christopher G. Hill

9 Nov 2009 | 6:00 am

As I took a small break between cases and contract reviews, an article in the November 2, 2009 issue of ENR Magazine caught my eye. The article discusses the efforts of a Chicago architect to create a holistic approach to the renovation and “de-carbonization” of the Chicago Loop area. The plan involves large scale energy retrofits and sustainable reuse of Chicago’s tall buildings. Another interesting aspect of this article points out that tall buildings in general have hit the construction skids in the US and Latin America, this is not the case in Europe and the Middle…
Protecting the Public in Proximity to Construction Sites

Christopher G. Hill

6 Nov 2009 | 5:00 am

For this week’s Guest Post Friday, Musings has the pleasure of welcoming Jan Thomas, President of Circle Safety & Health Consultants, LLC for her second Guest Post. Jan is an occupational safety and health professional with doctorate, over 30 years of experience at the federal, state and university levels, and professional certification. Her background includes regulatory compliance, accident and fatality investigations, development of policy and procedures, program management and extensive experience in education, training, research, technical writing, forensic consultation and expert…

New York Driving Law
Thirteen Minute Pursuit, 110 mph, and 56 tickets.

This may be a new upstate New York record. A man from Greece, NY led local law enforcement on a thirteen minute chase where his vehicle was clocked at 110 mph in a residential area. Following his arrest, he was cited for 56 traffic violations. Needless to say, he may not be ...
William J. Shramek, Esq. Opens Second Law Office in Southern Tier

As many of my readers know, I have opened a second office in the Binghamton/Southern Tier area of New York. Below is a list of town courts I will be appearing in on a regular basis. Most of my cases in this area are generated from high volume traffic on the ...
Texting While Driving in New York Banned State-Wide

Last Thursday, Gov. David Patterson (D) signed a Bill banning texting from hand-held devices while operating a motor vehicle. Starting November 1, 2009, this conduct will be penalized with a maximum fine of $150.00. The dangers of such activity are clearly self-evident. The case that comes to my mind occurred several ...
New York DMV Raising Fees

Starting tomorrow, September 1, 2009, the New York Department of Motor Vehicles is raising basic fees as follows. The state registration for passenger vehicles rises from $44 to $55. The cost of a basic driver's license or renewal (eight years) goes up 25% - from $50 to $62.50. With its on-line ...
New York On-line Insurance Reduction Courses Approved

New York State has recently approved a number of on-line course providers of Point and Insurance Reduction Programs (PIRP). These are listed by the NY DMV here. Successful completion requires 320 minutes of actual instruction time. Once completed, the driver is entitled to a 10% reduction for three years of ...

Collateral
GAPB 2009 Fall Conference

The Georgia Assocation of Professional Bondsmen will hold their 2009 Fall Conference at the Hyatt Regency Hotel in Savannah, Georgia. The conference will being on November 17 and run through November 19. For more information, visit the GAPB.
Government to Expand Efforts Against International Crime

[caption id="attachment_1327" align="alignleft" width="250" caption="The US plans on cracking down on international crime."][/caption] The Justice Department is stepping up efforts to combat international organized crime, which, according to Attorney General Michael B. Mukasey, poses a greater threat to the United States in many respects than did the traditional Mafia. The Justice ...
Illinois Town Wants Terrorists to Stay

Residents of Thomson, Illinois, home of Thomson Correctional Center, do not object to the possibility of accused terrorists formerly housed at Guatanamo Bay being moved to their town, despite the objections of other Illinois lawmakers. Instead, the town sees the potential move as an opportunity to revive the small town ...
CO Burglar Caught With His Pants Down

A Golden, Colorado homeowner received quite the shock when he came home to an unknown car in his garage and several misplaced possessions. After picking up his pistol, the homeowner found an unwanted visitor - a 24 year-old man wearing nothing but the homeowner's boxer shorts. Authorities say the intruder, Timothy ...
Bounty Hunters in South Carolina Work on Limited Time

In South Carolina, bounty hunters and bondsmen have 90 days to find fugitives who have skipped a court date. After this time, the bondsmen responsible for the bond need to pay the full amount of the bond. For this reason, immediately after a defendant skips a court date, recovery agents ...

Lowering the Bar
Man Tests Police by Dressing to Match Suspect's Description

Kevin

20 Nov 2009 | 12:09 am

I can remember times when I was really, really bored. I mean, really bored. But I don't think I've ever been so bored that I even considered checking a police scanner to get a description of somebody the police were looking for, and then dressing up like that person to see what would happen. Sure, it sounds like fun, and not at all dangerous, but I would probably just turn on the PlayStation instead. But maybe PlayStations are hard to come by in Redding, California. On November 16, police there were looking for a man who witnesses said was wearing khaki pants and a San Francisco…
Joe Francis Sentenced to Time Served, Is Now Free to Sleaze Again

Kevin

18 Nov 2009 | 11:12 am

Joe Francis, the Girls Gone Wild founder -- or as Gawker.com described him, the "alleged arm-twisting sexual aggressor and loathsome Girls Gone Wild founder" -- was sentenced on November 7 to time already served, and was released into the wild to go back to stalking your daughters. (I think I find this so irritating partly because it makes it that much more difficult for me to stalk them. Nothing more awkward than running into another stalker while you are just minding your own business trying to get some stalking done. Get your own!) Francis had been faced with a trial this month…
UPDATE: Amended Complaint in Dolphin Case Also Points Finger at Algae

Kevin

18 Nov 2009 | 6:58 am

As you may recall, this summer a woman sued the Brookfield Zoo alleging she had fallen near the dolphin pool because the zoo had recklessly encouraged said dolphins to splash water out of said pool, making the floor slippery. Local sources reported recently that the plaintiff had amended her complaint to blame algae as well. Algae, as you know, are a large and diverse group of simple, typically autotrophic eukaryotes that conduct photosynthesis within membrane-bound chloroplasts that are similar to cyanobacteria and may in fact represent reduced cyanobacterial endosymbionts. They can also…
Plaintiff Alleges That Defendants Concealed Location of His House

Kevin

17 Nov 2009 | 12:05 pm

This case was filed recently in San Mateo County, just south of San Francisco: Stanley G Hilton v. San Francisco International Airport; San Francisco International Airport Authority; City and County of San Francisco; San Mateo County; Town of Hillsborough; United Airlines Inc.; UAL Inc.; American Airlines; Virgin Atlantic Airlines; Mexicana Airlines; Lufthansa German Airlines; [lots of other airlines]; General Electric Inc.; Michael Sparer; Kathleen Sparer; Cashin Real Estate Company; Coldwell Banker Inc.; Francis Hunter; Gina Haggerty; [more airlines]; Boeing Corporation; Airbus Industries;…
Bear-Disturbance Acquittal Follow-Up

Kevin

16 Nov 2009 | 11:35 am

Last week I mentioned that I was having trouble finding the law that Kenneth Herron supposedly violated when he infiltrated the bear grotto at the San Francisco Zoo. I speculated that it might have been section 5.08 of the San Francisco Park Code, which makes animal-disturbing a misdemeanor, and a reader has confirmed that by directing me to this September 28 press release from the San Francisco DA's office, which cites that section. It seems a little odd to me that Herron's arraignment warranted a press release, since they clearly don't announce every arraignment that way. A lot of the…

Ohio Family Law Blog
Your Thanksgiving Doesn’t have to be a Turkey!

Robert L. Mues

21 Nov 2009 | 2:00 am

Karen Armstrong, a human development extension agent with North Dakota State University, posted an excellent Thanksgiving piece two years ago. Her suggestions and insights bear repeating. Plus, I liked her Thanksgiving Quiz! She was kind enough to allow me to republish it. The holiday season can be stressful enough on its own. Families who have changed the make up of their household because of divorce or marriage since last year have some new challenges. If this describes your family, watch your children for signs of stress this season. Often times the shopping and decorating is too much…
Upcoming Parenting Seminar Featuring Dr. Gregory Ramey, Ph.D.

Robert L. Mues

18 Nov 2009 | 2:00 am

Dr. Gregory Ramey, a child psychologist at Dayton Children’s Hospital and author of the Family Wise Column in the Dayton Daily News, as well as a guest contributor to the Ohio Family Law Blog, will be presenting a parenting seminar at 6:30 p.m., December 3, 2009, at Dayton Children’s Outpatient Care Center in Springboro. Don’t miss it! Dr. Ramey will discuss “Kids and their Technological Worlds” and will provide recent research on internet usage, cell phones, and television, and some concrete implications for today’s parents. Seating is limited and a RSVP…
Planning Parenting Time for the Holidays – Tips to Follow

Anne Shale

14 Nov 2009 | 2:00 am

As we are now into the month of November, it is not too early for divorced and divorcing parents to look ahead to the upcoming Christmas Holiday. Here are some “tips” regarding the “nuts and bolts” of handling the Christmas holiday season. Read and examine the Parenting Time Schedule for your particular County which should be attached as part of your Final Decree or Court Judgment. The Domestic Relations Court and Juvenile Court of each County have differing schedules. If your parenting time schedule has been lost or misplaced, you can obtain a replacement from…
Online Assessment Tools – Do You Think You Might Have a Problem?

Robert L. Mues

7 Nov 2009 | 5:03 am

Here is a list of links to various online assessment tools that might be valuable for those interested in learning where they might score in areas that can frequently impact a marriage. Originally, I just intended to post an online depression assessment tool since many people going through a divorce suffer from some degree of depression. But once I started on the project, as you can see, the list kept growing. Here they all are: Depression Screening Test Inventory of Depressive Symptomatology Anger Management Test Arguing Style Test Domestic Violence Screening Test Woman Abuse Screening…
Parental Abduction: Prevention and Remedies

Guest Contributor, Judianne Cochran

31 Oct 2009 | 3:00 am

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio. Recently, there has been a flurry of news reports and discussions regarding cases where an abduction has already occurred and a child has been taken and retained in a foreign jurisdiction. The most recent is a case where a father attempted a…

AttorneySync Lawyer Marketing Blog
SEO For Your Business Card: Nominate Yours

Gyi Tsakalakis

20 Nov 2009 | 3:26 pm

I came across this very clever idea for a business card on flickr: photo by: jeffmcneil While I’m doubtful that this would pass a copyright challenge (assuming it worth be worth a challenge by goog), it is a sharp business card nonetheless. Business cards are one of those areas in which lawyers seem very reluctant to “break the standard conventions”. This makes them a perfect tool for differentiation. While I’m not advocating getting too hip, fun, or inappropriate, just like every other opportunity to differentiate, business cards should distinguish your firm from…
Hiring Law Firm SEO (Search Engine Optimization) Consultants

AttorneySync

19 Nov 2009 | 3:48 pm

In order to get more website traffic, potential client leads, and revenue, more and more law firms are resorting to search marketing. These strategies are best implemented by law firm SEO (search engine optimization) companies. What is search engine optimization, though? You have probably heard of search engine optimization (most likely from an unsolicited email or phone call) at some time but do not have a clue what it really is. By definition, SEO is using the internet to market your business. To be successful, it takes a combination of technical and marketing strategies and skills. In a…
Peer Referrals And In-Person Scheduled Meetings: Taking The Conversation Offline

AttorneySync

19 Nov 2009 | 10:44 am

Interesting information, as always, from Tom Kane’s Legal Marketing Blog: A survey by The BTI Consulting Group for Hellerman Baretz Communications LLC provides insight into how to distinguish yourself from other firms in landing new clients. While this probably doesn’t come as a surprise, what many lawyers still don’t recognize is the value of internet marketing and social media to support these activities. While more and more lawyers make the connection between law firm internet marketing as it relates to “getting found” by potential clients, most still fail to…
Future Headline: Google Kills Lexis And Westlaw

AttorneySync

18 Nov 2009 | 11:07 am

With the announcement of Google Scholar, Google enters the world of online case law. And makes it free! So, the obvious question becomes, what effect will this have on the two fee-base global leaders in this space, LexisNexis (a unit of Reed Elsevier) and Westlaw (a unit of Thomson Reuters). In the short term, the answer is most likely, little to none. However, over time, Google will put both these services into “differentiate or die” mode. Right now, there are many essential components to legal research that both Lexis and Westlaw do that, as of now, Google Scholar doesn’t.
“Kind Paw” Lockdown

Gyi Tsakalakis

18 Nov 2009 | 8:39 am

Great info from Nashville Internet Marketing Firm, Work Media regarding their experience with a new client that has a web site that was built by one of the big name search marketing companies in the legal marketing industry (rhymes with “Kind Paw”). They were told that, they are unable to modify client’s web page titles or meta data because that feature has been “locked down”… Join our LinkedIn Group to read the full discussion. I can’t begin to tell you how frustrating this is to me. The 300 lb. gorillas in the lawyer internet search world sign up…

3 Geeks and a Law Blog
IT's Future: 'Cloud'y With A Chance Of Downsizing?

20 Nov 2009 | 5:51 am

Whenever I mention "The Cloud" to my IT/KM friends, I usually see the hairs on the back of their necks stand up and a flash of anger cross their faces. Up until yesterday I assumed that the general dislike of "The Cloud" was one born out of instability and lack of security issues. In fact, here is basically the arguments I get when I ask about law firms using Cloud based applications:law firms don't like, nor trust storing their data on the "cloud"... with good reason"cloud" based apps are difficult to manipulate and configure to the firm's individual needsfirms will never put confidential…
On Being a Female Lawyer

18 Nov 2009 | 4:00 am

Being a female lawyer has a few perks: the money can be good, the prestige can be great. But as the saying goes, it is lonely at the top. I started thinking about all of this after my esteemed colleague, Toby a/k/a @gnawledge, passed me a dating site for lawyers. He’s heard a number of of my weirdo dating tales as a single female lawyer.So, with some trepidation, I signed on to www.datelawyer.com. After joining, I immediately noticed a high sleeze factor: players (pronounced: play * yuhz) are clearly obvious. Some of the screening questions include: 1) are you a millionaire? If so, how big…
Finally... Competition Returns To The Legal Research World!

17 Nov 2009 | 6:30 am

Many of you have probably seen the Tweets going around this morning about how Google Scholar has entered into the legal research arena. I have to say that I'm initially thrilled with the idea that after 15 to 20 years of legal vendor consolidation, that we may actually be on the cusp of reintroducing some serious competition. With major players like Google, Bloomberg and even the ABA jumping into the online legal research arena, the big boys (Westlaw and Lexis - or collectively known as "Wexis") should be, as one of my esteemed colleagues puts it - "soiling their pants right now." Of course,…
If I Throw a Google Wave Party... And No One Shows Up??

16 Nov 2009 | 6:00 am

Last week, Toby and I dove into the clean waters that is know as Google Wave. I say that it is the "clean" waters of Google Wave because most people I know have barely stuck a toe in - and most of them immediately pulled that toe back out.There has been article after article of how Google Wave is going to replace email; that Wave how email would be if we could start all over again; how Wave better to communicate via Google Wave for conferences rather than Twittering about it; or, that Wave 'Gadgets' are going to be the iPhone 'App Store' of the future. From what I've seen so far... it is a…
Friday Fun - My Fantasy Search Engine

13 Nov 2009 | 3:00 am

I've been thinking about my fantasy search engine would look like, and somehow when I saw this Miller Lite commercial it hit me on what I want my search engine to do. Watch this 30 second ad... then stay with me as I explain.... Until the guy raises the beer, it looks like an e E-Harmony commercial, right?? That's what got me thinking. Note: Suspend your 'privacy' fears for a few minutes and think that you are living in a 'perfect world.' After all, this is why I called this my "fantasy search engine."]If taking a long survey like e-harmony helps connect you to those that fit your…

Canadian Business Law Blog
Rights offerings — an old new way to raise money

Shane McLean

12 Nov 2009 | 12:28 pm

In the past 6 months or so I have had a number of clients ask about the possibility of raising funds by way of a rights offering. In late October we even filed a preliminary prospectus for one of our TSX Venture Exchange listed clients in connection with a proposed rights offering. Public markets have seen a bit of a resurgence lately but we all know how abysmal things have been over the last while and so I think more companies are looking at creative ways to raise funds and have been looking to the rights offering as one alternative. In a “rights offering” a corporation…
From Wellington Financial — 5 pre-deal questions to ask your venture debt lender

Shane McLean

28 Oct 2009 | 12:25 pm

There is a good article at the Wellington Financial Blog with a list of questions your should consider asking your “venture debt lender” in the early stages of discussion (see the article here). For those of you who are not familiar with the term “venture debt lender”, the term is generally used to describe non-bank lenders that operate in the same or similar market as traditional venture capitalists. Wellington Financial is an example. Venture debt lenders typically offer a secured debt facility (that they expect to be paid back on set terms) and take some…
Congratulations to Chemaphor Inc. for raising funds in a tough market

Shane McLean

25 Oct 2009 | 5:45 pm

Congratulations to Chemaphor Inc which announced Friday (see press release) that it successfully raised a round of just over $1.2 Million! No small task in this still tentative financing market. Great work was done on the agency front by Bloom Burton & Co. and others. Chemaphor is a LaBarge Weinstein client and I have had the privilege of working with Chemaphor for about 6 years.
Ottawa Cleantech Event

Shane McLean

21 Oct 2009 | 1:30 pm

LaBarge Weinstein, together with Deloitte and The Ottawa Network, is hosting the “Ottawa Cleantech Retooling Initiative” in Kanata on October 27th, 2009. Should be a good event. Here are the details: “Bringing local clusters and initiatives together to focus the expertise of experienced management and engineering talents on emerging cleantech opportunities.” Date: Tuesday October 27, 2009 Time: 4:00 p.m. to 6:30 p.m. Location: Kanata Lakes Golf & Country Club, 7000 Campeau Drive, Kanata, ON Panelists: Bill St. Arnaud from CANARIE, Tim Angus from ReGen…
Contractor or Employee?

Shane McLean

19 Oct 2009 | 6:00 pm

Here’s a variation on a common question that I get asked: ”I have [name] working for me as a [position]. Is he/she a contractor or an employee?” Without knowing any further information I can say that, odds are, legally speaking the person is probably an employee. I would, of course, ask for more information before providing the appropriate advice, but the fact that I am being asked the question in the first place tells me a lot. At a basic level, whether they can articulate it or not, people generally understand when someone is a contractor or an employee. For…

The High-touch Legal Services Blog
Can I Create my Standard-form Contract by Starting with Someone Else’s?

Dana

20 Nov 2009 | 6:11 pm

This question was asked a few days ago (in different form) on LinkedIn. The following, slightly edited, is the response that I provided: As is always the case with alleged copyright infringement, the outcome of the case will depend on the facts. AFLAC v. Assurant, et al. illustrates where the line between what is protected and [...]
You Can Have a Successful Business Even if You Don’t Have a Patent

Dana

19 Nov 2009 | 1:04 pm

I recently met a software developer who wants to start a business. He immediately started talking to me about obtaining a patent. Condensed a bit, our conversation went roughly as follows: Dana: Without giving away information that would jeopardize your ability to obtain a patent, what would the software do? Developer: It is enterprise customer relationship management [...]
Ninth Circuit Protects Consumers against Text-Message Spam

Dana

17 Nov 2009 | 12:57 pm

In Satterfield v. Simon & Schuster, the U.S. Court of Appeals for the Ninth Circuit held that the Telephone Consumer Protection Act (TCPA), 47 U.S.C. Section 227, protects consumers against unsolicited text messages to their mobile phones. Subject to certain exceptions, the TCPA makes it unlawful “to make a call…using any any automatic telephone dialing system…to [...]
How Many Founders should a Company Have?

Dana

16 Nov 2009 | 1:08 pm

At SVASE’s StartUp-U SFO event last week (Building the Team), a panel member said that a company should not have more than two founders. Although he did not provide additional details or support for his proposition, he got me thinking. While I have had successful startup clients with up to three founders, four founders often present [...]
Who is the Master of Your Domain? (or, How to Prevent Domain Name Hijacking)

Dana

13 Nov 2009 | 6:24 pm

Earlier this year, I helped a client recover an Internet domain name that a disgruntled former employee had hijacked shortly after his employment had been terminated. I prepared a complaint under ICANN’s Uniform Domain-Name Dispute-Resolution Policy (the “UDRP”) and filed it with an ICANN-approved dispute-resolution provider. Seven weeks later, the provider ruled in the client’s favor, and [...]

ITC 337 Law Blog
Federal Circuit To Hear Oral Argument In Ajinomoto Appeal On December 10

Tom Fisher

20 Nov 2009 | 2:44 pm

On December 10, 2009, the Federal Circuit is scheduled to hear oral argument in Ajinomoto Co., Inc. v. ITC (2009-1081). By way of background, on April 25, 2006, Ajinomoto Heartland LLC filed a complaint with the ITC alleging that Global Bio-Chem Technology Group Co., Ltd.; Changchun Dacheng Bio-Chem Engineering Development Co., Ltd.; Changchun Baocheng Bio Development Co., Ltd.; Changchun Dahe Bio Technology Development Co., Ltd.; and Bio-Chem Technology (HK) Ltd. (collectively, “GBT”) were violating Section 337 by importing lysine made by methods that infringed two patents: U.S. Patent…
ALJ Charneski Sets Remand Procedural Schedule In Certain Connecting Devices (337-TA-587)

Eric Schweibenz

20 Nov 2009 | 1:07 pm

On November 18, 2009, ALJ Carl C. Charneski issued Order No. 17: Procedural Schedule in Certain Connecting Devices (“Quick Clamps”) For Use With Modular Compressed Air Conditioning Units, Including Filters, Regulators, and Lubricators (“FRL’s”) That Are Part Of Larger Pneumatic Systems and the FRL Units They Connect (Inv. No. 337-TA-587). Please note that Oblon Spivak represents Respondents SMC Corporation and SMC Corporation of America in this matter. According to the Order, a one-day evidentiary hearing in this remand proceeding will take place on April 21, 2010.
ALJ Rogers Denies Motion For Summary Determination Of Invalidity In Certain Bulk Welding Wire Containers (337-TA-686)

Eric Schweibenz

19 Nov 2009 | 12:33 pm

On November 18, 2009 ALJ Robert K. Rogers, Jr. issued Order No. 14 denying respondent Sidergas SpA’s (“Sidergas”) motion for summary determination of invalidity of claim 1 of U.S. Patent No. 6,260,781 (the ‘781 patent) in Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire (Inv. No. 337-TA-686). According to the Order, Sidergas filed its summary determination motion on October 27, 2009. Complainants Lincoln Electric Company and Lincoln Global, Inc. (collectively “Lincoln”) and the Commission Investigative Staff filed responses on November 6, 2009…
ALJ Luckern Grants Motion For Summary Determination On Economic Prong Of The Domestic Industry Requirement In Certain Adjustable Keyboard Support Systems (337-TA-670)

Eric Schweibenz

19 Nov 2009 | 7:52 am

On November 17, 2009 Chief ALJ Paul J. Luckern issued the heavily redacted public version of Order No. 27 (dated November 4, 2009) granting Complainant Humanscale Corporation’s (“Humanscale”) motion for summary determination on the economic prong of the domestic industry requirement in Certain Adjustable Keyboard Support Systems and Components Thereof (Inv. No. 337-TA-670). According to the Order, Humanscale filed its summary determination motion on October 2, 2009. Respondents CompX International, Inc. and Waterloo Furniture Corporation Ltd. d/b/a CompX Waterloo (collectively,…
ALJ Luckern Denies Summary Determination Motions In Certain Adjustable Keyboard Support Systems (337-TA-670)

Eric Schweibenz

19 Nov 2009 | 7:46 am

On November 17, 2009, Chief ALJ Paul J. Luckern issued the public versions of Order No. 24, Order No. 25, and Order No. 26 (all orders dated November 4, 2009) denying various summary determination motions filed by Respondents CompX International, Inc. and Waterloo Furniture Corporation Ltd. d/b/a CompX Waterloo (collectively, “CompX”) in Certain Adjustable Keyboard Support Systems and Components Thereof (Inv. No. 337-TA-670). Regarding Order No. 24, ALJ Luckern denied CompX’s summary determination motion of invalidity due to anticipation and/or obviousness. In the Order, ALJ Luckern…

Al Nye The Lawyer Guy
Three Thrillers Featuring Portland, Maine

Al Nye

19 Nov 2009 | 1:02 pm

Except for strictly regional writing, it's seldom that a mystery author even mentions Portland, Maine. Face it; mysteries and thrillers typically deal with the most violent of crimes: murder, kidnapping, assault, terrorism. And compared to nearby Boston and New York, Portland isn't exactly a hotbed of urban crime. So it's not surprising that the city has been passed over as a prime location for writers – until now. Three books published in the last couple of months have featured Portland as the location for their stories. In addition to providing a vivid description of Maine's largest…
Pats Lose on Belichick's Gamble

Al Nye

16 Nov 2009 | 6:50 am

There is no freaking way the Patriots should have lost to the Colts last night. The Pats played the better game — by far. Up to, of course, the foolish call by Belichick to try for a 4th and 2 on the Colts own 28 yard line with just 2 minutes left in the game. Don’t get me wrong. I love the arrogance of the move and if they’d have made it, game over. But let’s face it, the gamble was stupid — the dumbest call I’ve seen Belichick make. Ever. Give Payton Manning the ball with two minutes left with only a 6 point lead? Are you foolish? Any other…
Lawyers: Are you still hard to find online?

Al Nye

11 Nov 2009 | 4:51 am

If you don’t have a website, blog, or other type of social media presence online, then you’re missing an opportunity to connect with your clients and attract more business. But if you’re not particularly web-savvy and running low on funds, what can you do? Check out this site for 50 Free Resources For Lawyers To Create Their Own Websites. These’s good information there for every lawyer.
Small Claim Cases in Maine

Al Nye

10 Nov 2009 | 12:27 pm

A small claim action in Maine is any suit for less than $6,000, not counting interest and costs. The statute describes it as "a simple, speedy and informal court procedure" to resolve these types of claims. Though the compensation may not be large, the issues are often still very important to the parties. A small claims action can be brought in the District Court where the transaction occurred, where the defendant lives, where the defendant has a place of business or, if the defendant is a corporation or partnership, where its registered agent resides. A statement of claim…
New England Patriots Upend Miami Dolphins

Al Nye

9 Nov 2009 | 7:07 am

Face it, this was a sweet win. The Dolphins embarrassed the Pats last year with their Wildcat offense and for a few plays yesterday, it looked like they might do it again. But have no fear, the Pats regrouped at half time and went on to beat the Dolphins 27–17 in a satisfying win. Randy Moss had a couple of fine catches and a devastating stiff arm that led to a 71–yard touchdown. Except for an early interception, Brady had a solid game with over 300 years of passing. Ane yet… and yet… the game was actually much closer than the score would indicate. The Pats should…

Gamso - For the Defense
Death or Is It Life?

19 Nov 2009 | 1:10 pm

I attended a production of The Exonerated earlier today. I've seen it before, a couple of different productions. I've seen it with star-power actors and with local folks. This time the performers were college students.The play is, of course, different depending on who's in it and who did the staging. But its simple power seems always to come through. Maybe because it is, ultimately, simple: Interwoven true stories of six people who were convicted of murders they didn't commit, sentenced to die, and eventually, as the title informs, exonerated.But these aren't the usual dramatic tales of…
Sheriff Joe and the Contemptuous Officer

18 Nov 2009 | 9:01 am

Return with us now to the wild west of Maricopa County, Arizona. The saga of Detention Officer Adam Stoddard continues. You remember him. He's the officer who, during a sentencing hearing, wandered over to where defense counsel's files were out on a table while she was at the podium with her client. , began reading the file, removed a paper, gave it to another officer to copy. All this within view of the judge and two prosecutors, none of whom gave it a moment's notice.Indeed, the only one who noticed and cared was the defendant who told his lawyer who complained to the judge who told the…
Let's Call the Whole Thing Off

17 Nov 2009 | 8:53 pm

A couple of notes on perception.I.It must have been shortly before the bread pudding was brought out the other night that one of the guests at the dinner party mentioned, sort of in passing, that he and his partner of many years (who was out of the country and therefore not present) had recently gotten married. As one, we raised our glasses in congratulatory toast.I don't know where they went for the wedding, though it certainly wasn't held in Ohio. I'm also not much concerned about that right now. What interests me about it is that it seemed the most natural and sensible thing in the world…
Gideon for Governor

16 Nov 2009 | 10:41 am

They came so close.In March, by a vote of 25-15, the Judiciary Committee of the Connecticut House of Representatives passed out a bill repealing the state's death penalty. On May 13, repeal passed the House by a vote of 90-56.On May 22, at 4:11 a.m., the Connecticut Senate passed repeal by a vote of 19-17.And then the Governor vetoed it.Almost.Of course, almost doesn't save lives. Almost doesn't end anything. But almost does keep you going.And now the Governor is going. Last week, Governor M. Jodi Rell has announced that she will not seek reelectionThis pleased many, including lots of…
A Constitution for Me, But Not for Thee

15 Nov 2009 | 1:53 pm

Now that they've announced plans to try Khalid Shaikh Mohammed and four other 9-11 suspects from Gitmo on criminal charges in a New York federal court (but to try five others before military tribunals, about which more later), the forces of fear and hate are gathering.There's Texas Senator John Cornyn, formerly a trial judge and member of the Texas Supreme Court who's supposed to believe in and have actually applied the Constitution, explaining that mass murderers don't deserve criminal trials and that since the accused are guilty, there's really no point to it except "political…

Virtual Marketing Officer
Is Social Networking right for me?

virtualmarketingofficer

16 Nov 2009 | 6:26 am

I knew it had to happen. Up until this point I wholeheartedly believed that any business could benefit from greater exposure by participating on the social Web, but today I advised a company that the social web is not the right place for them to be investing their time, at least at this time. As a [...]
Searching for a better search? 5 easy steps: search, save time and get targeted results.

virtualmarketingofficer

9 Nov 2009 | 8:18 am

You probably rely heavily on the Internet to do business related research. Did you know that all searches are not created equal? You can search the Internet to maximize results and minimize noise by using targeted search engines and with little effort you can get results that are on point for specific goals. I promise, [...]
LinkedIn or Linked out? Making LinkedIn connections private.

virtualmarketingofficer

3 Nov 2009 | 7:40 pm

Cover via Amazon A recent article “The Finer Points of Using LinkedIn” by Nancy Roberts Linder, in “Marketing The Law Firm” (Law Journal Newsletters, available by subscription only), addresses, among other issues, the case for keeping your connections private; a position that I think borders on urban myth. Ms. Roberts Linder suggests that: “The biggest advantage of connecting [...]
Is alternative billing enough to differentiate your law firm in this competitive business market?

virtualmarketingofficer

26 Oct 2009 | 7:06 pm

Word is that in this economy law firm clients are willing to walk across the street just to get better value. Go figure. Value sells. Many law firms have begun competing on price—adopting alternative billing structures. I can’t help but wonder if law firms aren’t falling into the value box defined by their competitors instead [...]
Twitter for Lawyers: Building Business Relationships

virtualmarketingofficer

13 Oct 2009 | 11:07 am

Image by luc legay via Flickr You can improve your ability to build meaningful business relationships on Twitter. I’d like to introduce you to my new role model, Dan Churchill @netbizdan. Dan is different. He has a pay-it-forward approach to Twitter; it all starts with the “follow.” As you begin to build your network on Twitter by [...]

lawyersandsettlements.com
Week Adjourned: 11.20.09

LucyC

20 Nov 2009 | 4:12 pm

Hey—is it Revenge of the Geek week? Top Class Actions Microsoft Boxing Out Gamers? Microsoft got hit with a class action this week, over allegations that it unfairly banned Xbox Live Service from subscribers with modified Xbox consoles. The issues relate to modifications made to Xbox consoles by tens of thousands of Xbox owners, which are against the [...]
“Oops” Not Welcome Here (your Hospital…your Drug Store…)

Hunter West

20 Nov 2009 | 8:12 am

There are some jobs that should be held to a higher standard. Like holding public office, or serving as a priest, or acting as someone’s surgeon. Maybe you’re about to amputate a limb…and the patient assumes you know the correct one to remove. Well, as experience has taught us—not always. Here’s a couple of examples of ‘oopsies’ [...]
What You Should Know About Drug Studies

Kristine B

19 Nov 2009 | 6:11 pm

In light of the recent release of the results from the ARBITER 6-HALTS trial regarding Zetia and Niaspan, there may be questions about what drug studies are and why they are important. This week, Pleading Ignorance examines drug studies: what they do, what they don’t do and what you should know about them. Drug Studies: What [...]
Asbestos News Roundup: 11.19.09

LucyC

19 Nov 2009 | 2:51 pm

A roundup of recent asbestos-related news, asbestos lawsuits and the latest asbestos hot spots-places where asbestos has been found-and that you should be aware of. Asbestos Settlements Buffalo, NY: A settlement of more than $3 million dollars has been awarded to a local union boilermaker for injuries resulting from exposure to asbestos on the job. Earl W. Tredinnick, [...]
Army Corps of Engineers gets “F” for Katrina

AbiK

19 Nov 2009 | 2:42 pm

The folks who lived through Katrina probably have a few other “F’s” to toss in the direction of the Army Corps of Engineers as well. But the “F” I’m talking about is for “Failure”—failure to prevent devastation…failure to properly maintain the navigation channel that flooded…failure to take action when they knew damn well there was [...]

Florida Rules Decisions
Palm Beach Polo Holdings, Inc. v. Equestrian Club Estates Property Owners Assoc., Inc. (Fla. 4th DCA Nov. 18, 2009)

Jason Baruch

18 Nov 2009 | 2:17 pm

In this case, a property owner sued a homeowner's association for injunctive and declaratory relief seeking access to a landlocked lot of land, as well as for damages for an alleged tortious interference of the owner's attempt to sell the lot. The association successfully defended the case, and the trial court awarded attorneys' fees based upon offers of judgment covering "all claims" - including non-economic claims - in the litigation. The appellate court reversed, holding that the damages claim did not convert the case into "an action for damages" that would permit an attorneys'…
Quality Roof Svc's v. Intervest National Bank, 34 Fla. L. Wkly. D2205 (Fla. 4th DCA October 28, 2009)

Brian Willis

12 Nov 2009 | 7:58 pm

In this foreclosure action, Quality Roof Services (QRS) was named as a co-defendant based on a properly recorded construction lien. QRS timely answered the Complaint, but did not assert any affirmative defenses or raise any cross-claims. The property owner consented to the foreclosure and the case was set for a final summary judgment hearing. Without filing any affidavits or presenting any record evidence to challenge summary judgment, QRS moved, two weeks prior to the summary judgment hearing, to amend its answer and assert an affirmative defense of unclean hands.The Fourth…
ROBERT WHITNEY, D.C. d/b/a 127th Street Intracoastal Chiropractic Center vs. A AVENTURA CHIROPRACTIC CARE CENTER, INC. ET AL, 34 Fla. L. Wkly D2186b (3d DCA Oct. 21, 2009)

Jason Baruch

3 Nov 2009 | 8:38 pm

In this case, a defendant filed a motion in 2007 to set aside a default judgment that had been entered and recorded in 1993. He claimed that he never received pleadings in the case or the judgments themselves. The appellate court affirmed the trial court's finding that excusable neglect had not been established, because the appellant "advanced no reason for simply ignoring, for so many years, a lawsuit he knew had been filed and served upon him in 1990." ROBERT WHITNEY, D.C. d/b/a 127th Street Intracoastal Chiropractic Center vs. A AVENTURA CHIROPRACTIC CARE CENTER, INC. ET AL, 34…
State Farm Fire and Casualty Co. v. Diana Lezcano and Ricardo Diaz, 34 Fla. L. Wkly D2105a (Fla. 3d DCA Oct. 14, 2009)

Jason Baruch

2 Nov 2009 | 6:56 am

In this car accident case involving insurance coverage, two plaintiffs in separate companion cases moved for summary judgment against the insurer. The trial court held hearings on the first plaintiff's motion and granted it. As for the second plaintiff, the court granted the motion a week later, but without holding a separate hearing. The appellate court reversed, holding that "[a] trial court's failure to conduct a hearing prior to ruling on the motion for summary judgment constitutes a denial of the due process guarantee of notice and an opportunity to be…
Rule 9.200 and 9.142 Have Been Updated

Brian Willis

1 Nov 2009 | 8:27 am

Per the Florida Supreme Court's October 15, 2009 Order, Florida Rules of Appellate Procedure 9.142, Procedures for Review in Death Penalty Cases, and 9.200, The Record, have been updated.

Courtoons
Friday, November 20, 2009

David Mills

19 Nov 2009 | 8:02 pm
Friday, November 13, 2009

David Mills

12 Nov 2009 | 8:02 pm
Signed & Framed Photo-Quality Courtoons Now Available!

David Mills

6 Nov 2009 | 12:04 pm

You can now buy any Courtoon, printed on photo-quality glossy paper, which I will hand sign and ship in a matte-style frame that is suitable for hanging or placing on a desk (or throwing at a summer associate). This makes a great unique holiday gift for lawyers, judges, and law students. The total price for each is $35. Free shipping anywhere in the continental U.S. (11-11-09 update: and Canada) 11-12-09 Update: Here’s a quick picture (taken with my kodak disc blackberry camera) of a framed Courtoon. The frame is 8×10 (5×7 interior). To order, do two…
Friday, November 6, 2009

David Mills

5 Nov 2009 | 8:02 pm
Friday, October 30, 2009

David Mills

29 Oct 2009 | 9:00 pm

New York Personal Injury Lawyer Blog
New York Man Sues City After EMS Workers Throw Out His Ear

Rafal Perkowski

20 Nov 2009 | 1:04 pm

Eduardo Garcia has filed a lawsuit against Montefiore Medical Center after emergency service workers threw a chunk of his ear in the garbage after it was ripped off by a dog. Mr. Garcia’s lawyer said, “Now, he’s got a deformity. They deprived him of an opportunity to have treatment.”A dog belonging to Mr. Garcia’s son bit off a large piece of his upper ear on May 10, 2008. According to the
Philip Morris Loses $300 Million Jury Verdict

Rafal Perkowski

20 Nov 2009 | 6:44 am

Cindy Naugle, a former smoker in Florida who suffers from emphysema, won a $300 million jury verdict in a lawsuit against Philip Morris USA, the largest United States tobacco company. According to her lawyer, the Broward Circuit Court jury awarded Ms. Naugle $244 million in punitive damages and $56.6 million in compensatory damages. Philip Morris USA is responsible for all of the punitive damages
The Child Passenger Protection Act Also Known as Leandra's Law

Rafal Perkowski

19 Nov 2009 | 8:38 am

The newly proposed Leandra’s Law is a bill which would make it a felony to drive drunk with a child 15 years or younger in the car and would also require ignition locks for any convicted drunk driver. New York auto accident lawyers are hopeful that this law will help reduce the amount of drunk driving accidents. According to the New York Daily News, the bill was passed by the Senate on Wednesday,
New York Girl Gets Hit By Car Right Outside of Her School

The Perecman Firm

18 Nov 2009 | 11:18 am

New York personal injury attorney David Perecman raises some poignant questions after a car accident leaves a high school senior fighting for her life. The accident occurred in a crosswalk right outside the student’s school. The crosswalk was known to have no stop signs. Car drivers were expected to know to yield the right of way to pedestrians. In this particular case, the car that stopped
First Casualty Aboard the USS New York Resulted from a Slip and Fall Accident

The Perecman Firm

18 Nov 2009 | 11:16 am

While on a tour of the USS New York, a tourist suffers a slip and fall accident, becoming the first reported casualty aboard the newly commissioned ship. Officials are sure to be looking into the incident over the next few weeks, as is a New York slip and fall attorney. David Perecman, an expert slip and fall attorney, comments about the incident. In cases of government property, such as the

Chicago Law Blogger
New Post on the Nanny Tax at Grown in My Heart

Just posted here at Grown in My Heart on the so-called "Nanny Tax" talking about the tax aspects of hiring nannies or other household workers. No related posts.
Hell hath no fury like an employee scorned…

I've been meaning to put up a post for a while now about how badly an ex-employee can sting your business...even if you have all the standard non-solicitation and confidentiality provisions with the employee in his or her employment contract. Prime example: Nelson Piquet, Jr., a former Formula 1 race driver. ...
Asset Protection if you hit your head…like Conan O’Brien

Conan O'Brien made news last week when he cracked his melon against the Tonight Show floor. Luckily, he was fine with just a minor concussion. Obviously, Conan didn't set out to slip and fall on his head...but he did. Life happens, including undesirable events. This is ...
Prince Harry and Estate Planning for your Kids

So here's some recent news that, but for the legal angle I'll describe in this post, I wouldn't have given a second thought: Prince Harry turned 25. This is news here, here and here not only because it's Prince Harry, but also because of (as you can read) the ...
Lawyer Money Stuff: Retainer Fees and Fee Agreements

Money. It's the reason a lot of lawyers become lawyers in the first place (because they want a lot of it). We all grew up watching Perry Mason, Matlock or LA Law and thought...those guys make good money, I should do that! But how is it that ...

Forward Movement
In Case You Missed It This Week

20 Nov 2009 | 8:57 am

Don't cut the cat's claws. No, really; there's a law. HuffPo. EU attacks financial pay at banks and insurance companies. Dealbreaker. Licensed NYC attorneys at $15 per hour? TempAtty. "I've decided to stop in cities that are not usually included in a typical book tour," means "I don't want to be protested against in NYC, LA, Phila., SanFran, and Seattle." MSNbc. Reed Smith non-equity partners to forfeit 15% of their base pay to stay in the game. Yeah - that's not going to cause ego bruise or anything. AmLawDaily. If you happen to venture into the human zoo that is any Walmart, just don't cut…
How Attorneys Can Represent Their Guilty As Charged Clients In Good Conscience by Keyana Jones

19 Nov 2009 | 1:09 pm

As an aspiring criminal defense attorney, the moral dilemmas that I will inevitably face trouble me.Especially in the arena of litigation, it seems to me all attorneys experience some degree of moral conflict at one point or another regardless of whether the trial involves a criminal or civil matter.And so the ultimate question is how does a criminal defense attorney in good conscience represent the guilty?And by the same token, how does a civil attorney in good conscience represent the wrong? Like every tough question, there is no bright line answer.However, after given these questions much…
Wells Fargo repaying its clients $1.3 Billion over auction rate securities ("ARS")

18 Nov 2009 | 12:45 pm

I wrote over the summer regarding New York Attorney General Cuomo's continuing campaign for state governor, that then was taking the form of threatening litigation against Charles Schwab for refusing to take responsibility or pay liability to compensate investor loss on auction rates securities ("ARS").Briefly, the hullabaloo on ARS ... they were (the ARS market collapsed in February 2008) a financial product with variable interest rates that were determined at auction. They were represented by the banking industry as liquid; that despite the instruments frequently coming in the form of debt…
Bank of America's CEO Search Does Not Look Like Fun …

18 Nov 2009 | 11:42 am

So we now know GMAC's Molina is out of consideration, and evidently so is Prudential's Demchak. It is rumored Demchak pulled himself out of contention due to government restraints on BofA: both in terms of his own compensation, and it is alluded, as regards the ongoing litigation and investigation regarding the Merrill acquisition. (There is also speculation that BofA's Moynihan is being considered. Let's check his track record: BofA GC for 7 days where his law license was inactive; and his recent total lack of believability in front of Congress. Yeah - am thinking the Board is going to…
The alleged exodus of talent in light of Czar Feinberg's rulings

18 Nov 2009 | 10:56 am

If I saw some mass exodus, which I do not anticipate, that would require me torethink some of the basic assumptions that have entered into my determinations. Kenneth Feinberg, Monday's Reuters Conference. This blawg's discussion of Feinberg as Compensation Czar is here.All work is original to the blawg post author, and all copyrights from that blawg post are reserved. The views expressed within a blawg post are those of the author, and unless otherwise noted, do not reflect the views of the author's employer or the other authors writing on this blawg. This site is a means of education,…

Digital Rights - Sound and Fury
Vive la différence

Klang

17 Nov 2009 | 10:56 pm

XKCD Rocks! Click for larger
Cat & Mouse of internet regulation

Klang

17 Nov 2009 | 6:45 am

Regulating technology is (almost) hopeless. When giving a speech to the Cyberspace Law and Policy Centre Symposium on ‘Meeting Privacy Challenges’ in 2008 Senator John Faulkner said Trying to legislate to control technological development or the ways people use technology is not perhaps ordering the tide to not come in, but it is certainly like trying to empty a bathtub with a teaspoon. And yet we keep digging away with the teaspoon. Take for example the latest developments on The Pirate Bay site (via Slashdot) “The Pirate Bay has shut down their BitTorrent tracker.
Cool positions out now!

Klang

17 Nov 2009 | 6:33 am

Via Ditzler I found these cool positions: Theres the Google Policy Fellowship 2010 now that’s a serious learning experience or what about the Oxford Internet Institute Summer Doctoral Programme. So many great things and so little time! While these are cool positions – the best job must be this one. Imagine putting namer of clouds on the cv? Coolest job description. Ever. by Helen Duffett cc by nc sa
FSCONS 2009

Klang

15 Nov 2009 | 5:22 am

What is culture, how is it transmitted (and the issue of copyright) from a stone-age archeologists point of view! That was the focus of Mikael Nordins talk Cultural Transmission from an Archaeological Perspective. So why should we care about cultural transmission? According to Nordin its what makes us human. This becomes fascinating particularly since his perspective is the stone age. Bifacial mapping technique to make stone ages involves the same parts of the brain as with speaking. This supports the idea speech and cultural (stone tools) have an entangled evolution. This is fascinating…
FSCONS 2009 part 2 Free Software and Feminism

Klang

15 Nov 2009 | 12:34 am

Sunday morning begins at nine with the keynote Free Software and Feminism given by Christina Haralanova. Despite the party last night, the earliness of the hour and the difficulties in getting to the venue on a Sunday there is a good audience which shows the dedication and interest of this public to their cause. Haralanova asks why are there still so few women into technology. One answer is that they are discouraged and opposed. Boys have first contact at 12, girls 14.5 their first own computer boys at 15 girls at 19. The social aspects of technology prove to be the key. The introduction to…

Internet Television Law Blog
(FM) Google Books - Satan's Library...

devalera01

5 Nov 2009 | 6:36 pm

...or How I Learned to Stop Worrying and Love the Internet.The Google Book Project has been controversial since it first began in October, 2004. My intention with this post, my last guest blawging here, is to give a very brief synopsis of the issues that are causing such consternation and to point out some of the more interesting arguments that are being presented. If it seems that I am in anyway biased towards Google that's because I am, I'd love to work in Google's legal department, and I love it when stuff is free (I have a long held belief that if you're paying for anything online then…
(FM) Meanwhile, Somewhere Over the Atlantic Ocean...

devalera01

1 Nov 2009 | 2:17 pm

“The privacy and dignity of our citizens [are] being whittled away by sometimes imperceptible steps. Taken individually, each step may be of little consequence. But when viewed as a whole, there begins to emerge a society quite unlike any we have seen -- a society in which government may intrude into the secret regions of a [person's] life.”(1)If a police officer were to come to your house and ask to come in and conduct a search without a warrant most people, assured of their rights from watching copious amounts of Law and Order, would flatly refuse and then call their attorney.The same…
News Roundup - October 2009

devalera01

31 Oct 2009 | 10:07 am

Aussie censor wants power to ban iPhone apps(LINK)Music Pirates are Immoral Cheapskates, Or Are They?(LINK)Copyright Threats Against Compulsive Singer Withdrawn(LINK)Special Interests See ‘Classified’ Copyright Treaty; You Can’t(LINK)Universities in hot water over students' peer-to-peer sharing(LINK)Warner Says Harry Potter Dinner Infringes Copyright(LINK)Culture minister confirms court oversight for UK disconnections(LINK)Anti Piracy Laws and Lawsuits Fail to Change Social Norms(LINK)Sony CEO Pleads Poverty But The Movie Industry is Loaded(LINK)A billion streamed videos per day, $0 in…
(FM) Massive Tools becomes Industry Tools

devalera01

26 Oct 2009 | 6:31 pm

What is the world coming to? Musicians everywhere are putting down their microphones/lip synching devices and squaring off against one another over the issue of punishing file sharers.Following talk in Europe of disconnecting persistent file sharers from the internet, several artists, including Annie Lennox and Tom Jones, formed a group known as the Featured Artists Coalition (FAC) and began to publicly oppose the major record labels' desire to punish individuals.(1) A rather brave move you would think and one that should have all major stakeholders (big labels, artists, government and…
(FM) "I'm not Blockbuster Boy"*

devalera01

18 Oct 2009 | 2:40 pm

I'd like to discuss a news story that particularly annoys me. The story proclaims that Blockbuster is to close as many as 960 of its stores in the US as a means of streamlining their operations. That's up to 960 stores worth of employees that are going to be unemployed.The reason that I am so irate is that the biggest reason for the closures is bad business management. The board of Blockbuster can't just blame their failures on the lousy economy. Sure they've been hit, but what happened to escapist industries supposedly thriving during a recession. Instead Blockbuster is limping along. The…

The Business Of Law
Progress?

Mike Skoler

20 Nov 2009 | 3:26 pm

As close readers may remember, back in September I wrote a post calling for an end to the billable hour. At the time I wrote the following: The problem with the billable hour is that the lawyers have no skin in the game. Whether drafting a contract, or litigating a case, lawyers and the law firms that employ them should be compensated based on the quality of their work and the outcomes for their clients. I also wrote: Oh change is coming. At the moment it’s being driven by clients, but it will not be long before the revolution reaches the masses, and people start to demand that law…
Giving “Credit” Where “Credit” is Due

Gabriel Miller

19 Nov 2009 | 2:30 pm

I want to give credit in this post. Credit to the FTC for a very creative legal argument, but more importantly credit to Steven Krane of Proskauer Rose for blowing that argument up in Federal Court. First a bit of background. The case at issue had to do with whether the FTC could make law firms comply with a set of regulations designed to prevent identity theft known as the Red Flags Rule. The rule requires that businesses develop and implement plans to protect the personal information of their customers by screening for certain identity theft “red flags.” The RFR was born…
Surveying the Landscape

Mike Skoler

18 Nov 2009 | 8:44 am

Law firms of America, we want to hear from you!! Seriously, as I’ve written before , at Sokolove Law one of the things we take very seriously is our relationship with each of our co-counsel firms. With that in mind, from time to time, we survey our partners and other law firms to explore new services and ways we can engage with co-counsel firms. In the coming weeks, you may receive an email invitation from Isurus Market Research, an independent market research firm. The email will have a link to an online survey and information about a cash incentive for those who participate. If…
Baby Steps and a Ball and Chain

Gabriel Miller

16 Nov 2009 | 9:46 am

It took three years and I am guessing an obscene amount of time, money and energy on all sides given the reliance on a 300 page Special Master’s Report, but the New Jersey Supreme Court recently overturned a controversial prohibition against New Jersey lawyers advertising their inclusion in certain ranking systems like Super Lawyers, Best Lawyers in America and Martindale-Hubbell AV. The original prohibition had been based on the New Jersey ethical rule that bars as “misleading” lawyers comparing themselves to other lawyers. While I applaud the baby step in the right direction,…
Keep Your “Friends” Close…but Your Subordinates Further Away

Gabriel Miller

6 Nov 2009 | 9:13 am

Machiavelli’s “Prince” wisely observed: “Keep your friends close, and your enemies closer” but when it comes to social networking sites, some experts are recommending that bosses keep their subordinates at arms’ length. As social networking expands at lightning speed, faster than even mores and ethical rules can keep up, employment lawyers are warning that bosses who “friend” their subordinates on social networking sites are exposing themselves to legal risk. Tresa Baldas over at the National Law Journal had a great piece recently about the risk. She writes: Managers sending…

Pennsylvania Workers' Compensation Journal
Presentation at Central Pennsylvania Regional Business and Industry Expo

Robert Vonada

30 Oct 2009 | 1:50 pm

I will be in a panel presenting Workers' Compensation Update: What Employers Need to Know to Successfully Manage and Close a Workers' Compensation Claim. The workshop will be presented at the Central Pennsylvania Regional Business and Industry Expo at the Bryce Jordan Center on November 17 at 5:30 p.m. Central Pa. Expo Workshop Times
Commonwealth Court Holds Claimant Cannot Receive 500 Weeks of Partial Disability For Two Injuries

Robert Vonada

25 Oct 2009 | 12:46 pm

In P. Reutzel v. WCAB (Allegheny General Hospital) the Claimant argued she could reinstate partial disability benefits from a prior injury when 500 weeks ran on her more recent injury. The Court held Section 306(b)(1) of the Act specifically limits the period of partial disability benefits to 500 weeks for any injury or its recurrence, regardless of any change in disability status. The WCJ and Board's denial of benefits was affirmed.
Supreme Court Grant of Appeal in Diehl v. WCAB (IA Construction & Liberty Mutual)

Robert Vonada

24 Oct 2009 | 12:50 pm

The Supreme Court's grant of appeal in Diehl v. WCAB (IA Construction & Liberty Mutual) frames the issue as:Whether the Commonwealth Court erred in its interpretation of 77 P.S. §551.2 by holding that respondents did not need to present evidence of job availability or earning power in order to change petitioner’s disability status from total to partial, and whether the court’s holding conflicts with Gardner v. WCAB (Genesis Health Ventures), 888 A.2d 758 (Pa. 2005).The Supreme Court said in Gardner the employer must follow the "traditional administrative process" when it misses the…
Supreme Court Reverses Commonwealth Court Ruling That Labor Market Survey May Be Conducted in Claimant's Place of Residence Out Of State

Robert Vonada

22 Oct 2009 | 6:56 pm

The Commonwealth Court held in Riddle v. WCAB (Allegheny City Electric, Inc.) that it was appropriate to conduct a labor market survey in the area where the claimant resides out of state. The Court relied on pre-Act 57 case law for guidance. These cases held work should be identified in the place of the claimant's residence. Riddle PostThe Commonwealth Court holding recognized the employer increases its chance of prevailing on a modification of benefits by treating the claimant fairly. The claimant and employer also may have benefited if, for example, the Claimant's new residence had more job…
Amendments to Board and Judges' Rules Published in Pennsylvania Bulletin

Robert Vonada

17 Oct 2009 | 1:39 pm

The amendments to the board and judges' rules were published today in the Pennsylvania Bulletin.A WCJ can no longer conduct a mandatory mediation in the judge's own case. If the parties and judge all agree, the presiding judge can conduct a voluntary mediation.

Technically Legal
Episode 25: Where’s My IHOP

Ben Snitkoff

16 Nov 2009 | 7:00 pm

Bilski, International Copyright Treaty, and Using Facebook as an Alibi Please download the podcast, and e-mail us with comments, questions, or story ideas. Bilski Arguments Transcript Analysis of Oral Argument ACTA Internet Provisions The ACTA Internet Provisions – DMCA Goes Worldwide Facebook Alibi His Facebook Status Now? ‘Charges Dropped’ Related posts:Bilski at the Supreme Court Today Today, the Supreme Court hears arguments on the Bilski case....Technically Legal Podcast: Episode 21 IBM Antitrust Inquiry, Is the GPLv2 Legally Sound?, and Final...Technically Legal Podcast:…
DeFUD: No, Microsoft Did Not Patent Sudo

Ben Snitkoff

11 Nov 2009 | 1:41 pm

Groklaw has a story claiming that Microsoft was just awarded a patent for sudo with a GUI. That’s not really the accurate. The patent covers a computer program that: (1) Pops up when you don’t have permission to do something (2) Figures out what users do have permission to do it (3) Gives you a list of those users, and (4) Lets you enter a password to do the process under that account. Sudo, on the other hand, really only does the last element. Notably, sudo doesn’t tell you when you can’t do something, the shell does. Also, sudo doesn’t offer a choice of users…
Episode 24: A Bushel of Claims

Ben Snitkoff

9 Nov 2009 | 7:00 pm

School Punishes students for MySpace postings, Above The Law Suit Dropped, EMI sues to get Beatles songs of the web. Please download the podcast, and e-mail us with suggestions, comments, or questions. A couple of notes this week: We’re trying out funnier titles. Do you like that? Second: David Lu was calling from what sounded like inside a small box. School Sued Over Punishment School sued for punishing teens over MySpace pix The complaint Above the Law Suit Dropped Law Professor Sues Over ‘Above the Law’ Blog Posts–Jones v. Minkin That Was Fast! Above The Law Lawsuit…
No Tweeting in Federal Court

Ben Snitkoff

9 Nov 2009 | 10:09 am

A Federal Court has found that live tweeting courtroom events violates Rule 53 of the Federal Rules of Criminal Procedure, which prohibits simultaneous broadcast of federal criminal proceedings. Essentially, the court said that a twitter stream is equivalent to a broadcast. This doesn’t say anything about civil cases, but it’s a fair bet that judges just don’t want this going on in the courtroom. Update: Dave O’Brien pointed out a few things on the civil-proceeding side of this… Live tweeting and blogging from either state or federal court is potentially covered…
Bilski at the Supreme Court Today

Dominik Rabiej

9 Nov 2009 | 8:39 am

Today, the Supreme Court hears arguments on the Bilski case. While you can’t (yet) listen to a live stream of the arguments, the transcript is here. In the meanwhile, here’s a smattering of news and analysis, courtesy of Google News. If you’re in the mood for something more incisive, take a look at Gene Quinn’s analysis of Bilski. UPDATE 3:00 PM: SCOTUS Blog has the first post about the Bilski argument. In short, no one on the Court supported Bilski’s patent, but whether the Court will address software patents is up in the air. UPDATE 6:40 PM: The post now has…

Bitter Lawyer Feed
Bitter News, 11-20-09

20 Nov 2009 | 2:04 pm
WilliamKunstler: Radical Lawyer Disturbing the Universe

20 Nov 2009 | 5:42 am
Bitter News, 11-19-09

19 Nov 2009 | 2:08 pm
The Seven Guys You Sleep With in Law School

19 Nov 2009 | 5:11 am
The Seven Guys You Sleep With in Law School

19 Nov 2009 | 5:11 am

Rochester Bankruptcy and Debt Relief
Why a Free Consultation Is Important in Chapter 7 or Chapter 13 Bankruptcy

alexkorotkin

14 Nov 2009 | 7:25 pm

When a potential client calls my office to ask bankruptcy-related questions, I usually suggest that he or she come in for a free initial consultation. I also ask that when we meet, you bring your bills, tax returns, pay stubs and any other documents that may be related to your situation. The reason I ask for such documents is to assess your overall financial picture and to come up with possible solutions to existing problems. At the consultation, I ask questions to find out what assets are owned by the potential client and also what their debts are. Depending on the responses I…
Can You File Chapter 7 Bankruptcy If Your Income Exceeds Median Family Income?

alexkorotkin

8 Nov 2009 | 8:15 pm

In these uncertain economic times, I am getting this question more and more from people considering filing for bankruptcy all over Western New York. So can someone in Rochester making more than $75,000 file for Chapter 7 bankruptcy? The answer to that question is likely to be yes. I have previously written about the means test component of the Chapter 7 bankruptcy. Under BAPCPA, the means test and its income standards were designed to be a bright line dividing those that were able to file Chapter 7 bankruptcy from those who were forced to file Chapter 13 bankruptcy. But the means…
Chapter 7 Bankruptcy and Unpaid Tax Liabilities

alexkorotkin

1 Nov 2009 | 7:52 pm

One issue that periodically comes up in Chapter 7 bankruptcy cases is unsatisfied tax liability. As of late, the IRS and New York State Department of Taxation and Finance, have been aggressive in enforcing their claims with respect to unsatisfied tax liabilities. One common problem associated with back taxes is that the amount owed by the debtor tends to grow rapidly because of the interest and penalties that are imposed by the taxing authority. In their collection efforts, the government agencies can engage in a variety of collection activities, including garnishment, levies, tax…
Can Trustee Search Your Residence in Chapter 7 or Chapter 13 Bankruptcy?

alexkorotkin

25 Oct 2009 | 6:37 pm

A question that I commonly hear from debtors in Chapter 7 and Chapter 13 bankruptcies in Rochester or surrounding counties, is whether when they file for bankruptcy, someone will come to their house or apartment, and search or remove their assets. My typical response is to reassure them by telling them that in my experience, any such visits are extremely rare, and would only serve to verify the accuracy of their bankruptcy petition and other disclosure provided during their bankruptcy case. At the same time, as a bankruptcy lawyer, any such statements makes me concerned, since whether…
“Pond” Motion and Avoiding Second Mortgage Lien in Chapter 13 Bankruptcy

alexkorotkin

20 Oct 2009 | 7:46 pm

In Chapter 13 bankruptcies, it is not uncommon to see situations where the debtor, who owns a home, has both a first and a second mortgage, or even a third mortgage on that home. In today’s real estate market, it is not uncommon for those mortgages to exceed the value of the home by a significant amount. Since the secured debt must be paid in full in Chapter 13 bankruptcy, does it make sense for the debtor to greatly overpay the value of that home? The bankruptcy law offers us a solution for those situations. Debtor’s bankrutcy lawyer can bring a “Pond” motion.

The Jury Room
Simple Jury Persuasion: Human flaws bind us all

Douglas Keene

19 Nov 2009 | 5:32 am

I had the pleasure of seeing a wonderful storyteller—Mike Birbiglia—live in New York last year in a one-man show called “Sleepwalking”, and again on an HBO special several months ago. The special included a segment called “What I Should Have Said was Nothing” in which he tells a socially painful but humorous autobiographical story, to which [...]
Case Strategy Tip: Do you want your jury to think about their verdict or not?

Rita Handrich

18 Nov 2009 | 5:45 am

This is really not a facetious question. Depending on your case facts and which side you are representing (plaintiff, prosecution, or defense)—you will do better to craft a case story that will either carefully think through the evidence or not think carefully and rely instead on pre-existing attitudes. Jurors that carefully think through the evidence are [...]
The jury will believe what you say, until they have time to think about it

Douglas Keene

16 Nov 2009 | 5:23 am

A post at PsyBlog says we can’t help but believe what we read. At least at first glance. We simply take in new information and accept it uncritically. Then we assess the information for validity—IF we take the time to think. Without thinking (or reflection) we simply believe what we read. And probably what we [...]
Simple Jury Persuasion: Be a good host

Rita Handrich

13 Nov 2009 | 5:02 am

While the literature is replete with suggestions on how to do this and that—when it comes to persuasion, and just how-to persuade—it is often confusing. A particularly clear lesson comes from a 2001 publication (Bedell 2001). Bedell suggests three simple strategies: 1) Fulfill their personal needs 2) Be credible 3) Communicate persuasively It would seem that, if you focus on [...]
Voir Dire Fundamentals: Look for trouble, not for friends

Douglas Keene

11 Nov 2009 | 6:03 am

At the risk of sounding obvious, it’s worth revisiting the reasons for voir dire examination. Ironically, it is much more like what most judges wish lawyers would do (get information) than it is what, in practice, most trial attorneys do (argue their case). Go back and read our blog post entitled “Simple Jury Persuasion: It feels [...]

Disputing
H.R. 3962: U.S. House Health Care Bill Addresses ‘Balance Billing’

Victoria VanBuren

20 Nov 2009 | 4:00 am

By Holly Hayes As noted in a previous post (available here) Texas House Bill 2256, signed into law on June 19, 2009, provides a procedure for mediation of out-of-network health benefit claim disputes. The law gives patients the option to mediate when they are ‘balance-billed’ by their insurance company for services provided by out-of-network facility-based physicians like radiologists, pathologists, and neonatologists. ‘Balance billing’ occurs when a physician bills a patient for the difference between what the physician charges for a service and what an insurer pays…
Disputing Guest Post | Hall Street Meets S. Maestri Place: What Standards of Review will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup?

Victoria VanBuren

19 Nov 2009 | 12:13 pm

As the United States Courts of Appeals for the Fifth Circuit decides more “manifest disregard” of the law cases, we thought that you might be interested in reading our guest-post published at the Loree Reinsurance and Arbitration Law Forum earlier this year. Check it out! Hall Street Meets S. Maestri Place: What Standards of Review will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup? By Victoria VanBuren May 4, 2009 I. Introduction I am delighted to be invited to guest-blog today by Philip J. Loree Jr. of the Loree Reinsurance and…
Fifth Circuit Reaffirms that the FAA Provides the Exclusive Grounds for Vacatur of Arbitration Awards After Hall Street v. Mattel

Victoria VanBuren

18 Nov 2009 | 5:47 pm

In United Forming, Inc. v. Faulknerusa, LP, No. 09-50073 (5th Cir. Oct. 27, 2009), FaulknerUSA, LP (Faulkner) is the general contractor at a construction project; United Forming, Inc. (United) is a sub-contractor; and Continental Casualty, Co. (Continental) is the surety of their agreement. After a dispute over United’s work, the parties submitted their claims to arbitration before an American Arbitration Association (AAA) panel. The panel ruled for United and Continental. However, when United filed to confirm the award, Faulkner moved to vacate it. The district court ruled for United…
ABA Section of Dispute Resolution: Mediation Video Contest on YouTube

Victoria VanBuren

17 Nov 2009 | 4:00 am

The ABA Section of Dispute Resolution is seeking three-minute original videos on the topic of mediation. The contest is open to everyone. Videos may be submitted between November 12, 2009 and January 15, 2010. Incomplete submissions will be disqualified. To be considered a complete submission the Contest Entry Form and an ABA Release Form for each person in the video must be received by the ABA Section of Dispute Resolution by midnight January 15, 2010. Instructions for submitting both forms can be found in the Contest Entry Form. All videos must be submitted via YouTube®…
American Review of International Arbitration Article | Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties’

Victoria VanBuren

16 Nov 2009 | 5:13 pm

Alan Scott Rau, Professor at The University of Texas School of Law and contributor to this blog, wrote recently an excellent article entitled Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties,’ American Review of International Arbitration, Fall 2009. We invite you to check out Professor Rau’s well-known skillful writing on the evolving issue of arbitral powers to collect evidence from non-parties to an arbitration agreement. Here is the abstract: One common theme in any discussion of the fact-finding process in arbitration is the extent to which…