Law

ABA Journal Daily News
Feds Visit Rothstein Law Firm; Ex-Judge is Appointed as Receiver

4 Nov 2009 | 6:01 pm

Federal agents descended tonight on a well-known South Florida law firm that has been much in the news lately after one name partner said another name partner may have misappropriated some $500 million in outside investor funds from a side business. A spokeswoman for the Federal Bureau of Investigation said it and the Internal Revenue Service are at Rothstein Rosenfeldt Adler's Ft. Lauderdale offices today on "official business" but declined to elaborate, reports the Palm Beach Post. At one point, accused partner Scott Rothstein--who is the firm's managing partner and chief executive…
Authorities Reel Over Parolees’ Stunning Alleged Crimes in 2 States

4 Nov 2009 | 5:24 pm

As a report released today harshly criticized those in charge of monitoring the California parole of convicted sex offender and alleged child-kidnapper Phillip Garrido, who is accused of kidnapping an 11-year-old and keeping her at his home for nearly 20 years, observers are also asking questions about a stunning Ohio case. How, they wonder, could a convicted sex offender escape parole authorities' scrutiny long enough to allegedly murder multiple women and conceal their bodies in his home there? At last count, authorities report that they have found 11 bodies in the Cleveland home of Anthony…
Top Pa. Court Axes $3.5M Libel Verdict Due to ‘Judicial Impropriety’

4 Nov 2009 | 4:38 pm

Due to questionable conduct of the Luzerne County judges who oversaw the case, a Pennsylvania newspaper must get a new trial in a defamation lawsuit that resulted in a $3.5 million bench verdict in 2006, the state's top court ruled today. The Pennsylvania Supreme Court did not find that lawyers for the Citizens' Voice were correct in their contention that reputed Bufalino crime family head and convicted felon William D'Elia may have intervened with the then-president judge of Luzerne County to get a winning ruling from another judge for a plaintiff businessman. But the court did find that the…

Blawg Review
Halloween Blawg Review

Editor

2 Nov 2009 | 11:08 am

I don't know if Eric Turkewitz remembers me suggesting he use this one of Hugh MacLeod's Gaping Void cartoons on the back of a business card for his "blog card". This week, Eric tries to find happiness hosting his third Blawg Review, this time with a Halloween theme. I rest my case.
Flickr Tweet, Wascally Wabbit

Editor

30 Oct 2009 | 6:41 am

RT @infobunny Why does no one call me pumpkin?Blawg Review #236, hosted by Eric Turkewitz, is a real treat. Note to @Geeklawyer and friends, who celebrated Halloween at the #brightonpissup4, "pissed" also means "angry" to a Yank.
Open Invitation, Niki Black

Editor

25 Oct 2009 | 10:43 am

Who is Nicole Black, what does she do, and why are we looking forward to her hosting Blawg Review? I met Niki Black recently in New York City, where we shared at table over lunch at a social media conference at the Harvard Club. If ever you get the chance to meet Niki Black in person, not just on Twitter @nikiblack, you'll be glad you did. Niki is one of the most caring, sharing, lawyers you'll ever have the pleasure to meet. Nicole Black really has her stuff together; in a future law dictionary with the definition of "work-life balance" you might find her photo, with this pull-quote:I find…

Law Blog--Wall Street Journal
Katyal v. Clement, Part II: On the Prosecutorial Immunity Argument

Ashby Jones

4 Nov 2009 | 4:22 pm

All of a sudden, we’ve become the WSJ’s Immunity Blog. Last week, we tackled the crazy case of the Pennsylvania judges and the juveniles through the lens of whether the judges might be held liable for their actions. Today, we’ve got occasion to look at the immunity issue in the context of prosecutors. When, that is, may a defendant sue a prosecutor for actions he or she may have taken during the scope of the prosecution? The issue fell before the Supreme Court on Tuesday, in a case called Pottawattamie County v. McGhee. The case involves two former Pottawattamie County,…
Suit Against Above the Law Voluntarily Dismissed by Plaintiff

Ashby Jones

4 Nov 2009 | 12:13 pm

Well, what a strange little turn of events. Donald Jones, the University of Miami law professor who last week filed suit against Above the Law editor David Lat and others, alleging harm arising out of a series of posts the site did about Jones, has voluntarily dismissed the suit. Click here for the dismissal notice; here for ATL’s post on the news; here for Tuesday’s LB post on the suit. You’ll recognize that the dismissal notice is terse; it gives no rationale for the dismissal. Could it have had to do with the rather unflattering reception Jones got from the legal…
Making Sense of Cuomo’s Big Antitrust Suit Against Intel

Ashby Jones

4 Nov 2009 | 10:47 am

Silly us. We thought it was the job of federal regulators, like the DOJ and FTC, to police corporate America for antitrust violations. But apparently New York Attorney General Andrew Cuomo doesn’t see things that way. Cuomo Wednesday filed antitrust charges against Intel, alleging the chip-maker threatened computer makers and paid huge kickbacks to stop them from using competitors’ chips. The suit, filed in federal court in Delaware, reiterates many of the allegations put forth by European regulators earlier this year. In May, the EU levied a record €1.06 billion ($1.56 billion)…

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 [...]

Pivotal Discovery Latest Videos
Marnie Carter, CA Electronic Discovery Act, Part 2

Marnie Carter shares some of the important differences between the California Electronic Discovery Act and the Federal Rules of Civil Procedure regarding accessible and inaccessible ESI, the burden to request / produce and cost sharing.
Marnie Carter, CA Electronic Discovery Act, Part 1

Marnie Carter, ABA Paralegal Studies Program San Francisco State UniversityTechnology Director; Women in eDiscovery (WiE), Silicon Valley Co-Chapter Director; Association of Litigation Support Professionals (ALSP) Steering Committee Board Member and Weil, Gotshal & Manges Paralegal Supervisor & Litigation Support Coordinator introduces the California Electronic Discovery Act (AB 5). In subsequent videos, she will share some of the important differences between the California Electronic Discovery Act and the Federal Rules of Civil Procedure.
E-Discovery on Location: Defensibility at The Masters Conference 2009

Dean Gonsowski (VP of E-Discovery Services, Clearwell Systems) and John Loveland (Managing Director, Navigant Consulting) discuss defensibility at The Masters Conference 2009. http://www.clearwellsystems.com/ http://www.clearwellsystems.com/e-discovery-blog/ http://www.twitter.com/clearwell/
The HMS Safe Harbor meets Rule 37(f)

An object lesson in over-reliance on the \\
IAALS Work to Reform U.S. Civil Justice System

The Institute for the Advancement of the American Legal System\'s research, reform and public education efforts are showcased, along with an overview of the Institute\'s 2009 Civil Rules Summit.

Smartbrief: Practising Law Institute
Judge rules in favor of Verizon in pension-payment lawsuit

3 Nov 2009 | 10:00 pm

U.S. Magistrate Judge Morton Denlow ruled in favor of Verizon Communications in a case over pension-plan payments. -More-
EU expected to object to Oracle's deal with Sun

3 Nov 2009 | 10:00 pm

-More-
FTC to begin implementing anti-manipulation policy for energy market

3 Nov 2009 | 10:00 pm

The Federal Trade Commission is set to implement a rule that would impose fines of as much as $1 million a day on energy trad -More-
Jury rules in favor of TSMC in trade-secrets case

3 Nov 2009 | 10:00 pm

-More-
Retweets could help reboot your career

3 Nov 2009 | 10:00 pm

Twitter can help you find a job if you become adept at posting valuable industry information that people retweet. -More-

Overlawyered
Making hair bows in west Michigan

Walter Olson

4 Nov 2009 | 8:06 pm

A nice way to support a family, but it’s sure too bad about CPSIA. And a Columbus, Ohio stay-at-home mom trained as an artist is afraid the law’s testing costs will sink her small-batch online business making bibs, burp clothes, blankets and similar baby items. [Business First of Columbus] Tags: CPSIA, CPSIA and apparel/needle trades, Michigan Related posts Welcome Volokh Conspiracy readers (0) Ukraine’s gift to the Cheney family (1) Thrift stores, the day after (10) The state of CPSIA (0) Pull over, sir, we’re checking those socks for lead (15)
Phoenix: “Deputy swipes document from defense counsel”

Walter Olson

4 Nov 2009 | 12:49 pm

Making the rounds of the legal and libertarian blogs: Legal Ethics Forum, Scott Greenfield, Coyote, from original reporting by Nick R. Martin/Heat City. Radley Balko at Reason: I don’t know Arizona law, so perhaps a Hit & Run reader with some experience there can help out. Could it possibly be legal for a law enforcement official to meander up to the defense table, begin reading the defense team’s files, then take documents from said files without notifying the attorney? That sounds absurd on its face, even for Maricopa County. Tags: Arizona, Phoenix, police Related posts…
More on Prof. Jones’s suit against Above the Law

Walter Olson

4 Nov 2009 | 8:38 am

Eugene Volokh, a preeminent free speech analyst, weighs in on the complaint and is anything but complimentary. Above the Law itself collects links here, and our earlier post has drawn many comments. Update 3:20 p.m.: Jones drops case. Tags: legal blogs Related posts Who was the first legal blogger? (2) When lawyers’ blogs proclaim their expertise (0) Volokh just wants an aspirin (5) Veterinary malpractice, cont’d (2) Update: Bring me the identity of Patent Troll Tracker (1)
“Judge: Man has to pony up $10K to sue workers he robbed”

Walter Olson

4 Nov 2009 | 8:09 am

Clinton Township, Michigan: “A man who was shot and allegedly beaten by party store operators he had just robbed was ordered Monday to post a $10,000 bond in order to continue his lawsuit against them.” [Macomb Daily via Obscure Store; earlier] Tags: criminals who sue, loser pays, Michigan Related posts Zombie Litigation (1) Wrongs without remedies dept. (1) Working overtime (or maybe not) for fees (1) Woman Deems Starburst “Dangerously Chewy” (13) White House race roundup (8)
November 4 roundup

Walter Olson

4 Nov 2009 | 3:41 am

Four California lawyers accused in what prosecutors say is giant insurance fraud ring employing staged or “paper” car wrecks, Mark Geragos is defending [Metropolitan News-Enterprise, Glendale News-Press via ABA Journal] “Civil Gideon law could overwhelm civil courts”, Ted is interviewed again [Legal NewsLine, earlier] “Is that a popularly-elected state judge in your pocket?” [What About Clients?, earlier] Audit Integrity, sued by Hertz over financial risk assessment, takes case to SEC [Felix Salmon, earlier] OSHA nominee David Michaels, SKAPP and the right…

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
Carpenter Awarded Iowa 2009 Inventor of the Year

Brett Trout

3 Nov 2009 | 7:49 am

An Overnight Success, Ten Years in the Making Tom Carpenter accomplished what every inventor strives for, but very few attain. He is a success. Over the years I have learned to meter the likelihood of a product’s success on the inventor, not the invention. From the first time I met Tom, over a decade ago, I knew he was merely a matter of time. He was meticulous. He would test and retest every aspect of his inventions. Although I am sure he came up with dozens of inventions, he only pursued the ones that survived his rigorous vetting. Although he recently inked a seven figure deal for…
Get Ready For the Real Time Web

Brett Trout

16 Oct 2009 | 7:29 am

The Next Big ThingIn the past, when you wanted to find out more about a topic you would search Google, go to an informational Web site like Wikipedia, or read a blog on the subject. But what if you wanted more information about something that just happened, or about something that is constantly changing? In the past, you would have to wait for a major news organization to gather information, compose an article and post it online. This could takes hours before you get the information you need. What is the Real Time Web?Like the World Wide Web itself, the Real Time Web is not something you can…
Slash Your Legal Fees

Brett Trout

5 Oct 2009 | 9:56 am

What Your Lawyer Won’t Tell YouSomething you probably won’t overhear your lawyer discussing is how the recession has dried up the market for legal services. Many lawyers, who only a year ago were working and billing at unprecedented levels, now find themselves scrambling for work. Large law firms around the globe are cutting staff and dropping their hourly rates. Law firms are cutting starting salaries and hiring fewer new lawyers. Lawyers are leaving larger firms to form smaller, more nimble, more specialized firms. By specializing and increasing efficiencies, they can…

Above the Law
New York Bar Exam Results Will Be Posted Tomorrow, New Jersey Goes Up Next Week

4 Nov 2009 | 3:11 pm

It is the most frightening time of the year for prospective lawyers. The New York State Bar Exam results will be posted tomorrow. As other states have posted results, we've seen that this year the "pass or you're fired" feeling is strong. Here's the results preview from the New York Board of Law Examiners: Important Notice for JULY 2009 BAR Exam Takers: The results from the July 2009 bar examination will be made available to candidates, by e-mail, on November 5, 2009. You must ensure that you can accept emails from barresults@nybarapply.org. There will also be a link on this website to…
Non-Sequiturs: 11.04.09

4 Nov 2009 | 2:35 pm

* Defending free speech requires one to defend some pretty annoying junk. [Underdog] * Have you ever been framed by a prosecutor? [Bad Lawyer] * An openly pagan Republican lawyer won a city council seat last night. In the words of Winston Zeddmore: "I love this town." [Double X] * I don't think you should be called a super lawyer unless you have an alter ego of some kind. [Tax Prof Blog] * David Lat on the joys of blogging. He shares some good advice for people just starting out. [Blackbook Legal] * And as Marin explains, legal writing can be a decent way out of Biglaw. You know, so long as…
Election Day Recap: BC Law Professor Scott Fitzgibbon Among the Winners

4 Nov 2009 | 1:39 pm

It's the day after Election Day! Granted, this year's election cycle wasn't nearly as exciting as last year -- when Obama ended racism in America. Still, there are many winners to congratulate. Republicans Chris Christie and Bob McDonnell are new governors. People can now point to the North Country on a map of New York State. Michael Bloomberg secured a third term as New York City Mayor. And the New York Post (predictably) managed to ignore it all and plastered of picture of Pedro Martinez in a diaper on its front page. But for our purposes, the biggest winners were the voters of Maine. They…

Simple Justice
The Poisoned Water of Maricopa County (Update)

SHG

4 Nov 2009 | 2:10 am

Not that there hasn't been enough about Phoenix lawyers around here lately, but when Nick Martin of Heat City posted a video of a detention officer Adam Stoddard, during a sentence in Maricopa County Superior Court, rifle through defense lawyer Joanne Cuccia's file behind her back, quietly lift a paper out of the file and hand it off to fellow officer Francisco Campillo, who then spirited the paper away, it can't be ignored.Radley Balko opened the bidding first, asking ….so any attorneys want to explain to me what happened in this video? Is this as blatant, outrageous (and, I’d hope,…
A Naked Boulder Rolls Downhill (And A Related Twit)

SHG

3 Nov 2009 | 3:56 am

Via Radley Balko, the good people of Boulder, Colorado, can sleep well on Halloween, secure in the knowledge that human genitalia will not be flailing about, demeaning the sensibilities of those without any. For nearly a decade, naked pumpkin runners did their thing unmolested, stampeding through the frigid dark past crowds of admirers who hooted, hollered and tossed candy. But last year the run attracted more than 150 participants, and Police Chief Mark Beckner fears things are getting out of hand. "It's a free-for-all," he says.So he intends to stop it.He will station more than 40 officers…
Sullivan & Cromwell Gets a Seat At The Execution

SHG

3 Nov 2009 | 3:25 am

Imagine how fortunate a death row inmate must feel when he learns that his cause will be taken up by the best and brightest lawyers at one of the most prestigious big law firms in the nation, Sullivan & Cromwell. Hallelujah! After all, these are the whizkids, the ones with all the resources. Their staff has staff. A thousand laboring oars, all to save one man from execution.Cory Maples must have thought he hit the lottery when he found out. From Above the Law: More than a decade ago, Cory Maples of Alabama murdered two people. After an evening of heavy…

That's What She Said
Acting Koi

Chris Butler

30 Oct 2009 | 12:48 am

Litigation Value: As to Dunder Mifflin, $500,000 (for potential hostile work environment, race discrimination/harassment, and/or intentional/negligent infliction of emotional distress damages); as to Andy, $25,000 (for potential assault, battery, humiliation, and emotional distress damages); as to Michael, $300 (value of decapitated koi). Eight seconds. That’s precisely how long Michael needed to both sexually and racially harass [...]
He’s a Mother Lover

Matt Scott

22 Oct 2009 | 9:14 pm

Litigation Value: de minimus damage award (after spending $50,000 to “successfully” defend the lawsuit) He rarely disappoints, and this week was no different. Michael Scott was in rare form in this week’s issue of The Office, “The Lover” (or should this episode have been titled “The Mother Lover” for all you SNL fans). Michael revealed to [...]
Growing Up Grotti

Kristin Starnes Gray

16 Oct 2009 | 7:07 am

Litigation Value: Oscar’s damages–climbing; diversity and harassment training from a trained professional–$2,000; backing off the mafia–priceless. It’s a new episode of The Office that has Michael, Dwight, and Andy convinced that an insurance salesman is part of the mafia based on “his southern Italian heritage.” While it was entertaining for viewers to watch the trio (and Pat the Mechanic) battle [...]

opinionistas.com
Why Do We Like Scary Movies?

admin

2 Nov 2009 | 12:02 pm

It’s a good question. I get asked it all the time. Actually, what I get all the time is more like, “Ugh. You seriously write about horror movies? How can you WATCH those things – they’re so disgusting/stupid/puerile and clearly you are an inferior excuse for a human being for liking them.” (Ok so people don’t usually say that last part, but it’s implied.) Well, in honor of Halloween, I did an interview with Mediaite’s Rachel Sklar (who hates horror with a vengeance) trying to explain the appeal. There is much more to say on this topic (and of…
Just Because a Movie Is God Awful Doesn’t Mean It’s Misogynistic

admin

29 Oct 2009 | 8:38 am

Which is the perfect segue into this week’s Horror Chick, a discussion of the terribleness of Antichrist. I’d like to give a proper hat tip to Garrett, who is responsible for alerting me to the alternative wonderfulness that is The Gay Bed and Breakfast of Terror (see clip).
Saw 1-6: The Most Important Movies Ever Made. No, Really

admin

23 Oct 2009 | 9:41 am

No sarcasm. I’m being totally serious. Just read it.

Legal Antics
Sounds like a few attorneys I know.

NBlack

4 Nov 2009 | 4:41 am

Via Courtoons:
Ducks are so cute--but so very stubborn

NBlack

3 Nov 2009 | 4:52 am

Via the Fail blog:
Watch out "hot babes"-this one likes to do "stuff"

NBlack

2 Nov 2009 | 4:36 am

successful lawyer seeks woman for LTR - m4w - 38 (orlando) Date: 2009-11-01, 6:07AM EST Reply To This Post I am a 38 year old successful caucasian attorney so i need to be discreet.. My schedule is hectic and I'm looking for a hot babe to date and possible LTR. I love to kiss so if you arent passionate and into hugs and kisses, keep looking..I am in shape so while I dont mind curves, I want a babe who is in pretty nice shape..I love to do stuff and am a one woman man..I can detect fake ads easily so dont waste your time.. until we first kiss.....peace Location: orlando it's NOT ok to…

Law and Magic Blog
Jacob Loshin Discusses "Crush Videos" (U.S. v. Stevens)

lpcprof

4 Nov 2009 | 11:11 am

Lawyer/magician Jacob Loshin discusses the recently argued case United States v. Stevens here. The case involves free speech and animal cruelty, specifically "crush videos."
Magical Internet Thinking

lpcprof

4 Nov 2009 | 11:00 am

From PC Magazine, "10 Most Heinous Hoaxes on the net." Some of them appeal to magical thinking, like the "we captured BigFoot and we've got him in a freezer" hoax. The one about legislatively setting the value of pi to 3? Here's the text of that Indiana bill. Some of the other hoaxes listed are no laughing matter, such as the one that led to the suicide of young Megan Meier. Federal prosecutors charged Lori Drew, one of the people behind that hoax, under the Computer Fraud and Abuse act. A jury found her guilty of three misdemeanor counts, but a judge threw out…
The Haunted Pool Room

lpcprof

30 Oct 2009 | 10:58 am

Just in time for Halloween, another haunted house story, but this haunted house story is one about a haunted pool room, called--what else--the Flying Saucer, located in Nashville, Tennessee. The pool room is a converted train station. Paranormal investigators are hot on the trail. Read more here.

What About Clients?
Oran, Algeria

JD Hull

5 Nov 2009 | 7:50 pm

Our citizens work hard, but solely with the object of getting rich. Their chief interest is in commerce, and their chief aim in life is, as they call it "doing business". --Narrator describing Oran in opening pages of The Plague (1947), by Albert Camus
Canadian Bar Association: Serious about clients.

Holden Oliver

5 Nov 2009 | 5:07 pm

Keeping good clients, getting new ones, making new ones "stick". These are on everyone's mind these days. For the 4 years WAC? has been up and running, the Canadian Bar Association's PracticeLink on "Client Services" has been--hands down--the best bar organization site out there on client service. CBA apparently sees CS as a way of lawyer life. "A full-time activity" is the expression used. It's well thought-out, packed with the best resources, and goes beyond the usual lawyer lip service on CS.
Professionalism Actually.

JD Hull

4 Nov 2009 | 8:59 pm

Let’s say you’re a blues guitarist with a broken ring finger on your fretboard hand. What do you do? If you’re Albert King, you put a splint on it, and you get out there and play. --The RainMan It's about "the customers"--and not just about being polite and courtly to other attorneys. Visit Ray Ward's Minor Wisdom.

How Appealing
"New Albany again rebuffed in battle against adult bookstore"

Howard Bashman

4 Nov 2009 | 6:30 pm

"New Albany again rebuffed in battle against adult bookstore": Yesterday's edition of The Louisville Courier-Journal contained this article.
"18 And a Life To Go: The U.S. is the only country that sentences juveniles to life in prison without parole; Will the Supreme Court declare it unconstitutional?"

Howard Bashman

4 Nov 2009 | 6:25 pm

"18 And a Life To Go: The U.S. is the only country that sentences juveniles to life in prison without parole; Will the Supreme Court declare it unconstitutional?" This article appears online at the web site of Newsweek magazine. And online at Slate, Amy Bach has a jurisprudence essay entitled "All Locked Up: Did Joe Sullivan, sentenced to life at 13, have a fair trial?"
"Supreme Court orders new trial in CV defamation case"

Howard Bashman

4 Nov 2009 | 6:08 pm

"Supreme Court orders new trial in CV defamation case": The Citizens' Voice of Wilkes-Barre, Pennsylvania has a news update that begins, "The state Supreme Court ordered a new trial today in $3.5 million defamation verdict against The Citizens' Voice that the newspaper's attorneys allege was possibly fixed in a conspiracy between a Luzerne County judge and a convicted mobster." And The Associated Press reports that "NE Pa. paper wins new trial in defamation case." You can access today's order of the Supreme Court of Pennsylvania at this link. The Report and Recommendation referenced in…

Legal Juice
Bank Robber And His "Go To" Bank

John Mesirow

3 Nov 2009 | 9:01 pm

If you watch football or basketball, no doubt you've heard announcers say that a team will continue running a certain play until their opponent is able to stop it. Well, it seems a bank robber in Florida subscribes to the same theory. Per The South Florida Sun-Sentinel: Authorities are on the lookout for a robber with some brand loyalty: He's struck the same bank so many times, the tellers recognize him. "It's him again," one of them said during the latest heist on Saturday, according to the Broward Sheriff's Office.The man has targeted the BankAtlantic branch at 4211 W. Commercial Blvd.,…
Is That A Sausage In Your Pants, Or ...

John Mesirow

2 Nov 2009 | 9:01 pm

OMG, that is a sausage in your pants! A bunch of them, as it turns out. Per The Cairns Post: A man has been caught stuffing sausages down his pants in a bizarre alleged theft at an Innisfail supermarket. The 38-year-old Innisfail man was charged with stealing after he was seen leaving IGA Innisfail about 6.15pm on Friday. Police allege he had items of meat concealed in his shorts and several other items in his pockets. If you buy your sausage at the IGA Innisfail, you'll be glad to hear that ... The items were not returned to sale ...Whew! Here's the source.
A Down-Home Welcome To Athens, Georgia

John Mesirow

1 Nov 2009 | 9:01 pm

Are we really still in this state of paranoia, such that Middle Easterners can't take photos in the United States without arousing suspicion? Sadly, the answer is "yes," for at least one police officer in Athens, Georgia. Per the Athens Banner-Herald: An Athens-Clarke police officer questioned four Middle Eastern men he saw taking photos of the downtown police station about 6 p.m. Friday, but the men had valid visas and said they were tourists, so he didn't detain them. Whew. That was a close one, no? No. The men, all from Cairo, Egypt, and in their 40s or 50s, were standing back to back in a…

PointOfLaw Forum
After a housing-suit settlement, Westchester voters rebel

Walter Olson

4 Nov 2009 | 9:21 pm

I've got a new piece up at City Journal on Tuesday's sensational Westchester County upset, in which GOP challenger Rob Astorino knocked off Andy Spano, the longtime Democratic incumbent county executive, by a convincing 58-42 percent margin. Taxes were a key issue, but so was the county's consent to what was billed as a landmark housing-reform settlement in which it agreed to arm-twist affluent towns into accepting low-income housing. Many Westchester residents were wary of the potential consequences -- and downright insulted when Spano suggested that to resist the lawsuit further would be to…
John Endean, "Canadianized Labor Law?" (Forbes)

Walter Olson

4 Nov 2009 | 9:11 pm

New at Forbes.com: John Endean has an important article demonstrating that while American unionists seek to use Canada's pro-union labor laws as a model for their proposed Employee Free Choice Act (EFCA), they seldom mention that Canadians themselves have found it advisable to rethink and retreat from some of those laws. It's a condensed adaptation of a paper that will soon be published here as the first in a planned Manhattan Institute series on labor policy. Check it out here.
Lawprof's suit against U. of Miami dismissed in record time...

Michael Krauss

4 Nov 2009 | 12:02 pm

In what must be the quickest slapdown of a lawyer-filed suit that I have ever seen, the lawsuit filed by a University of Miami prof against a blogger for Above the Law, described by me earlier, has been dismissed. ATL's notice of dismissal indicates there was no settlement.

Ernie The Attorney
Broken email - part 2

Ernie the Attorney

27 Oct 2009 | 7:14 am

There were some good comments to the last post about broken email, which caused me to think a little more about what the problem is (the solution, if there is one, will require a careful description of the problem). And the first thing to observe is that there is really more than one cause to the problem of email overload.One factor that makes email hard to deal with is the structural underpinning of email. We could spend a lot of time laying all of this out (and I certainly invite people to do so in the comments). Here are a couple of quick observations: (1) email was…
Why is my email broken?

Ernie the Attorney

26 Oct 2009 | 11:09 am

Almost everyone I know who uses email extensively for work is overwhelmed by email. People used to talk about achieving 'in-box zero,' that triumphant (yet fleeting) moment when you go through your email inbox and process all email. Processing email means: responding to it, forwarding it, filing it, or deleting it. In the old days, you could quickly go through your email inbox and delete a lot of stuff and be left with just a few things to respond to or otherwise deal with in some meaningful way. Those days are long gone. I routinely hear people (smart,…
New Louisiana Ethics Website!

Ernie the Attorney

8 Oct 2009 | 5:30 am

My friend Dane Ciolino teaches Ethics at Loyola Law School in New Orleans, and specializes in legal ethics issues. He wrote the book on Louisiana Legal Ethics, and how he has put the book online in the form of a website called Louisiana Legal Ethics. It's free, and will be updated immediately whenever changes warrant it.The website is optimized for mobile phones (including, of course, the iPhone) so the information is usable pretty much from anywhere you have an internet connection. The site has an RSS feed, and an email newsletter option. And Dane has set up a…

On Point
Kin of Radio Stunt Victim Win Record $16.5M Award

4 Nov 2009 | 1:33 pm

The attorney for the survivors of a woman who died after taking part in a radio station's water-drinking contest says a record $16.57 million jury award is a clear rejection of the view that tort law allows people to avoid responsibility for their own actions.
Sweat Lodge Suit Says Guru Barred Escape From Heat

1 Nov 2009 | 7:31 pm

The first two of what could be many such lawsuits have been filed against "self-help by sweating" guru James Arthur Ray, with a survivor of his sweat lodge ceremony in the Arizona desert alleging he prevented her from leaving before she passed out. (INCLUDES LINKS TO BOTH COMPLAINTS)
Anxious Monkey Owner Can't Take Animal out in Public

29 Oct 2009 | 3:31 pm

A Missouri judge didn't monkey around with a woman who claims a Bonnet Macaque monkey is trained to assist her with anxiety and agorophobia, finding the animal was "equivalent to a household pet" and does not qualify as a "service animal" under disability law.

The BLT: The Blog of Legal Times
Lawyer Agrees to Plead Guilty in "Pump and Dump" Case

Jordan Weissmann

4 Nov 2009 | 3:05 pm

Federal prosecutors filed a plea agreement today with a New York-based businessman and lawyer charged with lying to federal investigators about his knowledge of a fraudulent stock sale. Robert Brown, a former partner at New York’s Reitler Brown & Rosenblatt...
Former FERC Enforcement Head Joins Hogan & Hartson

Carrie Levine

4 Nov 2009 | 12:46 pm

Susan Court, former director of the Federal Energy Regulatory Commission's Office of Enforcement, has joined Hogan & Hartson's Washington office. Court began work this week as a partner in the energy practice group. "I knew members at the energy practice...
Patton Boggs Lands DOJ Environmental Lawyer

Mike Scarcella

4 Nov 2009 | 9:20 am

Patton Boggs has picked up a veteran trial attorney in the Justice Department’s Environment and Natural Resources Division who says it's a time of "big change" in the environmental enforcement and regulatory arenas. Scott Stewart, who spent eight years at...

May it Please the Court
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
Lawyer2Lawyer Internet Radio Talks About The FTC's Regulation of Bloggers And Advertisers

15 Oct 2009 | 4:27 am

JURIST - Paper Chase
Sarajevo researchers unveil Bosnia war crimes atlas

Dwyer Arce

4 Nov 2009 | 11:14 am

[JURIST] Researchers in Sarajevo on Tuesday unveiled [press release, in Croatian] a Google Earth tool mapping the sites of war crimes committed during the 1992-1995 Bosnian genocide [PPU backgrounder]. The Bosnian war crimes atlas [materials, in Croatian] was compiled by the Research and Documentation Center (RDC) [advocacy website, in Croatian], a Sarajevo-based research organization tasked with
Supreme Court hears arguments in prosecutorial immunity, capital cases

Jaclyn Belczyk

4 Nov 2009 | 10:04 am

[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [day call, PDF; merit briefs] Wednesday in two cases. In Pottawattamie County v. McGhee [oral arguments transcript, PDF; JURIST report], the Court heard arguments on whether a prosecutor may be subjected to a civil trial and potential damages for a wrongful conviction and incarceration where the prosecutor
Italy judge convicts 23 former CIA agents in rendition trial

Carrie Schimizzi

4 Nov 2009 | 9:24 am

[JURIST] Judge Oscar Magi of the Fourth Chamber of the Court of Milan [official website, in Italian] on Wednesday convicted 23 former CIA agents for the 2003 kidnapping and rendition [JURIST news archive] of Egyptian terror suspect Osama Moustafa Hassan Nasr. The nearly three-year trial, which was delayed [JURIST news archive] many times, is the first in the world involving the CIA's

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
Off to AALS

Jonathan H. Adler

4 Nov 2009 | 8:27 pm

Like many others, I’ll be off to D.C. tomorrow to attend the AALS faculty recruitment conference. Perhaps I’ll see you there.
The Deputy Who Helped Himself to the Defense Attorney’s Casefile

Orin Kerr

4 Nov 2009 | 8:20 pm

A lot of people have e-mailed me asking for my thoughts about a disturbing video that Radley Balko posted recently. The video shows a criminal court hearing in which a deputy assigned to court security walks over to the defense attorney’s papers on the counsel table and starts to look at the papers. Eventually he reaches down and pulls out a document from the stack of papers, passes it off to another deputy, and then the other deputy walks away with it. (The real action starts around the 1:30 mark.) As I understand things, it’s not clear from the video what the officer was looking for,…
What Does Warren Buffet Know?

Jonathan H. Adler

4 Nov 2009 | 8:12 pm

While Congress considers legislation to impose a cap-and-trade regime on emissions of carbon dioxide and other greenhouse gases, Warrne Buffet makes “a huge bet on coal.” Either Buffet’s made a blunder, or he realizes any cap-and-trade legislation that can pass Congress will do little to reduce coal consumption. (HT: Roger Pielke Jr.)

Balkinization
A Defense of Irrational Taxation?

Ian Ayres

4 Nov 2009 | 2:12 pm

Crosspost from Freakonomics: Here’s a behavioral puzzler: Why might it be more efficient for Connecticut to change its sales tax rate from 6 percent to e^2 percent?Or more generally, why might using irrational numbers as tax rates be less distortionary than rational tax rates?A hint comes from a great article by Amy Finkelstein, “E-ZTax: Tax Salience and Tax Rates.” Her simple and powerful idea is that as the salience of tax rates declines, taxes will produce fewer distortions because taxpayers will not pay as much attention to the taxes. The E-ZPass system is a perfect context for her…
Bravo for Brian

Sandy Levinson

4 Nov 2009 | 7:27 am

All of my energies are currently taken up by preparation for a lecture course that I'm giving at Harvard College on the political system constituted by the Constitution. (Most of you can imagine the general themes, though the course in fact is broader than my book. Like the book, though, it focuses almost entirely on structures and not on rights. The right I'll be discussing most extensively, next Monday, will be the Second Amendment, in the context of federalism and the obvious degree to which the ability of subnational units to have de-facto armies of their own makes it easier to threaten…
The "Nation Building" Delusion

Brian Tamanaha

4 Nov 2009 | 6:57 am

The phrase “nation-building” (or “state-building”) embodies and perpetuates a delusion—the belief that nations can be deliberately constructed. For a technocratic mindset, building a nation state might appear to resemble a straightforward exercise in reverse engineering. We know the elements common to stable nation states, so the way to proceed is to put these elements into place: write a constitution; call an election; create a legislature; create government agencies to manage basic functions; build a police force and an army; write a legal code; set up a system of taxation to fund…

Althouse
How many years in prison for sex with a horse?

Ann Althouse

4 Nov 2009 | 7:04 pm

3 years... plus a lifetime of humiliation.''I've been through hell for the last year and it's caused a lot of hardship,'' [Rodell] Kenley told the newspaper. ''There's a lot of ridicule and jokes going around about this thing. And a person can only take so much.''ADDED: Maguro said:It's Barbara Kenley - the owner of the horse - speaking, not Rodell Vereen the horse rapist.You're right. Sorry. I guess there are a lot of victims here.
Finally, Mickey Mouse will be an asshole.

Ann Althouse

4 Nov 2009 | 6:54 pm

He needed some edge.
Mark Okoth Obama Ndesandjo. "This is what America's 44th president would look like if he shaved his head, wore a bandanna, favored black T-shirts and sported an earring in his left ear."

Ann Althouse

4 Nov 2009 | 1:03 pm

The President's half-brother. He's written a book about his life:[H]e depicts their Kenyan father as an abusive alcoholic who beats David and David's Jewish American mother.

Concurring Opinions
The Employer’s Strategy in Gross v. FBL Financials

Michael Zimmer

4 Nov 2009 | 9:43 am

Last Term in Gross v. FBL Financials, a 5-4 decision written by Justice Thomas, the Court decided that a plaintiff bringing a claim of individual disparate treatment age discrimination — an ADEA action — must prove, by a preponderance of evidence, that age was the “but-for” cause of defendant’s treatment of plaintiff. Thus, unlike Title VII, the burden of persuasion never shifts on the issue of linking what happened to plaintiff— “an adverse employment action” — to defendant’s intent to discriminate, even if plaintiff had produced evidence that age was “a…
In Memoriam

Gerard Magliocca

4 Nov 2009 | 9:43 am

Mary Mitchell, a beloved member of the Indiana University — Indianapolis faculty, passed away today after a sudden illness. Mary was a wonderful teacher who cared deeply about her students and fought passionately for her beliefs during her three decades at the law school. We are all devastated by this loss.
One Year of Prop 8: A recap

Kaimipono D. Wenger

4 Nov 2009 | 7:56 am

A year ago today, California voters adopted Proposition 8 by a 52-48 margin. Last night, voters on the other side of the country voted the same way, by almost exactly the same margin. I was interviewed earlier today about the issue, and the anchor asked a few questions like “What happened?” and “What’s next?” In the interview environment, I could give only quick sound bite answers. But those are complicated questions which deserve deeper discussion. So in this post, I’ll talk about what has happened in the marriage equality movement over the past year; and…

The Becker-Posner Blog
Fiscal Imprudence, Distributive Injustice: the $250 per Social Security Annuitant Plan--Posner

Richard Posner

1 Nov 2009 | 3:53 pm

In October, the President announced that $13 billion (some commentators believe a more accurate estimate is $14 billion) of the $787 billion stimulus package enacted this past February would be used to pay every social security annuitant $250 in 2010, ostensibly to "compensate" for the fact that there will no cost of living (inflation) increase in social security benefits. The social security COLA for year t is based on the increase in the Consumer Price Index between the end of the third quarter of t - 1 and the end of the third quarter of t -2. (t is 2010, t - 1 2009, and t - 2 2008.) There…
Fiscal Imprudence and Fiscal Stimulus-Becker

Gary Becker

1 Nov 2009 | 3:05 pm

The government's preliminary estimate of the growth in American GDP during the third quarter of 2009 is an impressive annual rate of 3.5%. This figure may be revised downward (or upward) as more data on the third quarter become available, but it surely definitely signals that the US recession is over. In my post on August 9th of this year I already expressed my belief that the recession in the US and the world would end during the third quarter. The end of a recession does not mean that an economy is back to where it would have been without the recession-the US economy is certainly not…
Notice

Richard Posner

28 Oct 2009 | 8:55 am

Longtime readers of this blog will be pleased to learn that this month sees its migration into book form. Uncommon Sense: Economic Insights, from Marriage to Terrorism, which collects what we believe are the best, most interesting, and most lasting posts from this blog. The posts selected for the book are representative of the wide range of topics we cover here, and, where appropriate, they've been updated to take account of subsequent events. The book is available at all good bookstores, on- and offline, as well as directly from the University of Chicago Press:…

The University of Chicago Law School Faculty Blog
Video: Richard Posner on Fiscal Irresponsibility and the Future of the U.S.

UChicagoLaw

4 Nov 2009 | 1:03 pm

The Council on Foreign Relations has posted a video of Judge Posner discussing the topic "Fiscal Irresponsibility Clouds the Future of the United States." The discussion is part of the CFR's C. Peter McColough Series on International Economics.
Student Blogger - Standards Adrift?

Rohit Nafday

2 Nov 2009 | 8:55 am

Appellate cases often live or die by the standard of review that the appellate court applies to the decision of the lower court. In some cases, a clear error will be necessary to reverse a decision, whereas in other instances, the appellate court might give no deference to the holding of the court below, deciding on its own accord the legal issues presented. And while we might argue 'til the cows come home about what exactly vaguely phrased standards such as arbitrary and capricious actually mean, most people would probably agree that whatever the meaning of the standard, that it would…
Audio: Milton Friedman on "Capitalism and the Jews"

UChicagoLaw

30 Oct 2009 | 3:00 pm

If you're looking to something to do during that extra hour this weekend, you may want to check out an audio file that was just uploaded to the Law School's website: a talk by legendary University of Chicago economist Milton Friedman.This recording was made on October 15, 1978 by James H. Fox, JD '78. The speech was originally scheduled for the B'nai B'rith Hillel Foundation, but was moved to the University of Chicago Law School Auditorium upon the announcement the week before of his Nobel Prize in Economics. In the talk, Professor Friedman begins with two seemingly contradictory propositions…

Sui Generis-a New York Law Blog
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…
Real-time Web a Game Changer

NBlack

27 Oct 2009 | 9:54 am

This week's Daily Record column is entitled "Real-time Web a Game Changer." A pdf of the article can be found here and my past Daily Record articles can be accessed here.Real-time Web a Game ChangerYou’ll have to forgive me for having online technologies, including social media, on my mind a lot lately. I’ve been speaking about social media for lawyers quite a bit in recent months and am now enmeshed in the process of writing a book with Carolyn Elefant about social media for lawyers, which will be published by the American Bar Association. As a result, I’ve spent a good deal of time…
Who are you, Nicole Black (aka @nikiblack), and what do you do?

NBlack

25 Oct 2009 | 9:22 am

Some of you may wonder just that--who is Nicole Black? However, more likely than not, most of you probably don't care. I realize that--and answering that question really isn't my goal here, so please excuse what appears to be extreme navel gazing. The primary purpose of this post is to clarify, for search engine purposes, who I am, what I do and why. This is my strongest domain name in terms of SEO which is why I'm posting this here. I'll be linking to it on my other blogs and if you have a blog, I would be ever so grateful if you would link to it as well (even if it consists of just a single…

Brian Leiter's Law School Reports
Good luck to those interviewing at the 'meat market'!

Brian Leiter

4 Nov 2009 | 2:14 am

There are a few paragraphs here about these interviews you might want to review. It's clearly a tighter year than usual on the academic job market, though the situation is clearly better in academic law than in other fields.
Melbourne Law Faculty in Turmoil

Brian Leiter

3 Nov 2009 | 2:17 pm

Its Dean, James Hathaway (who is on leave from Michigan), has resigned after only 18 months, and the faculty is in an uproar over a proposed reorganization of the faculty (part of broader financial and administrative adjustments at Melbourne, that...
Should an Aspiring Legal Philosopher Get Only the PhD, or a JD as Well?

Brian Leiter

3 Nov 2009 | 5:45 am

A philosophy student posed the question, which I take up on the philosophy blog. It's perhaps worth adding here that every credible candidate with a jurisprudence specialization on the law teaching market now has done some graduate work in philosophy,...

Res Ipsa Blog
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…
Student Debt Webinar: Public Service Loan Forgiveness and Loan Repayment Assistance Programs

Benson Varghese

15 Sep 2009 | 3:33 am

Equal Justice Works is presenting a number of webinars on the College Cost Reduction and Access Act. The CCRA, which I first blogged about in 2008, provides loan forgiveness for students who enter government positions, including prosecutors and public defenders, as well as public interest lawyers. The seminars provide important information on qualifying loans, loan consolidation, and managing student debt. Sign up for one of the free webinars here. © Res Ipsa Blog 2008 - visit the Res Ipsa Blog for more great content.

Conglomerate
Regulating Derivatives, as a Question of Defining Them

David Zaring

4 Nov 2009 | 9:14 am

A brief break from the Jones v. Harris dialogue to point you to this letter from Barney Frank updating everyone on where the derivatives regulation legislation stands. The broader angle, I suppose, is that there is a question as to who should be defining exactly what financial products should/must be cleared on an exchange. Congress could define what should be included, it could delegate that task to the CFTC, SEC, or both, or it could leave that task to the exchanges/clearinghouses themselves. Frank's letter suggests that Congress will be doing a bit more defining than it has in the…
"Is the fiduciary standard the same?"

Gordon Smith

3 Nov 2009 | 8:41 pm

This is the question that preoccupied Justice Kennedy in yesterday's oral argument in Jones v. Harris. He asked it over and over again in various ways? "Is Harris a fiduciary in the same sense as a corporate officer and a corporate director? Or does his fiduciary duty differ? Is it higher or lower, same with a guardian, same with a trustee?" "The word 'fiduciary' -- does fiduciary imply different standards, depending on what kind of fiduciary you are?" "Is the fiduciary standard the same, without getting into how its applied?" "Is the fiduciary standard the same for [Harris], for a guardian,…
Jones v. Harris: The Worst Alternative (Except for all the others)

Brett McDonnell

3 Nov 2009 | 1:18 pm

I don't think I buy the crucial arguments for either side in Jones v. Harris. Judge Easterbrook thinks the market for mutual funds is working just dandy, and needs little help from the law. I know the empirical arguments are complex and indeterminate (they always are), but this strikes me as highly unlikely. There are too many unsophisticated retail investors out there, and those gaps between captured and independent funds sure do look suspiciously large. The conflicts and backscratching in this area are ubiquitous. Market competition does set some outer bounds, but it leaves a lot…

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
DRI Women's Seminar

LydiaSHu

3 Nov 2009 | 1:04 pm

[Ed. Note: This post contains event information from one of Ms. JD's readers. For more information about the DRI's 2010 Sharing Success: A Seminar for Women Lawyers, click the link below.] I am promoting the Defense Research Institute's annual Women's Seminar. I have attached the Save the Date and it will be held March 25-26, 2010 in Scottsdale, AZ. Attendees will learn: how to deal with the impossible witness; business development tips specifically for female lawyers; juror perceptions of women litigators; tips for how to lead a trial team as a female lawyer; a humorous look at…
'The Mismeasure of Women' - Joanne Lipman Advocates a Change in the Conversation About Women

Kat

3 Nov 2009 | 6:24 am

In her recent article for the New York Times, Joanne Lipman, a former deputy managing editor at The Wall Street Journal and founding editor in chief of Conde Nast Portfolio magazine, makes the case for re-assessing the way that we measure the progress of women. With the recent release of the Shriver Report, finding, among other things, that mothers are the major breadwinners in 40 percent of families, all indications point to the fact that women have truly made major advances. Lipman argues, however, that "women haven't come nearly as far as we would have predicted 25 years…
Ms. JD Weekly Roundup: Week Ending October 30, 2009

Ms. JD Weekly Roundup

30 Oct 2009 | 4:15 am

Explaining the Origins of 'Ms.' This Suit's for You: Ex-Armstrong Teasdale Associate Accuses Anheuser-Busch of Discrimination Report Shows Women Leaving Law Practice The Mismeasure of Woman Sidley Austin LLP Partner Virginia A. Seitz Honored with a 2009 PAR Flextime Success Award The Challenge for Women IP Lawyers Pioneer for Female Lawyers Proved Her Mettle in the Courtroom Women at the Rain Dance National Association of Women Lawyers Releases Fourth Annual Survey read more

JD Bliss
Working Mother Magazine and Flex-Time Lawyers Announce Their 2009 List of the "50 Best Law Firms for Women"

Steve Imparl

14 Oct 2009 | 8:11 am

It’s a late summer tradition: Working Mother magazine and Flex-Time Lawyers team up to publish their annual list of the top 50 law firms for women. Working Mother magazine is a major publication dedicated to serving and supporting all mothers who are committed to their careers. On its Web site, Flex-Time Lawyers identifies itself as “a national consulting firm that advises law students, attorneys and legal employers on work/life balance, retaining and promoting women and law-firm restructure.” Together, these two companies invited law firms with at least 50 lawyers to apply for…
Guy Kawasaki Shares 10 Ways to Use LinkedIn to Find a Job

JD Bliss

1 Mar 2009 | 9:15 am

In a recent blog post, startup guru Guy Kawasaki explained how to use LinkedIn to find a job. For those not familiar with the site, LinkedIn is a professional networking site with over 35 million members in over 140 industries. Members "connect" to each other to form networks, and then share business referrals, marketing tips, job opportunities, and much more (check out LinkedIn for Lawyers 101 for a short LinkedIn tutorial tailored to attorneys). Below, in summary form, are Kawaski's ten tips (see Kawasaki's full blog post referenced at the link above for further details for each point).
Michelle Obama Puts the Spotlight on Work-life Balance for Lawyer-moms

Steve Imparl

31 Dec 2008 | 12:49 am

On January 20, 2009, Michelle Obama will become the First Lady of the United States. Arguably, she is going to be the most prominent example of a woman dealing with the challenges that working lawyer-moms face as they work to balance their professional careers with their roles as mothers. Obama, an attorney with a successful career in private practice, city government, and corporate law, has recently spent a great deal of time working on the campaign of her husband, President-elect Barack Obama. Oh, and Ms. Obama is also the mother of two young daughters. How will Michelle Obama juggle…

Biker and Motorcycle Lawyer Blog / Blawg
It is About Time we get Health Care Reform in this Nation; With a Public Option.

Norman Gregory Fernandez, Esq.

3 Nov 2009 | 9:52 am

Well I try to stay away from topics like this on my Blog because I know for sure that some people because of their politics will get pissed off, and some will not. Some will support what I have to say, some won’t. At the least maybe this will get you thinking! Let me start off by saying this; I am a Democrat, I am a Republican, I am an Independent, and I am an American. My politics do not get in the way of what I believe is the right thing to do. I decide an issue on what I think is right or wrong, not by what a bunch of political cronies in a particular party say is the right thing to…
What the Heck? San Francisco’s Sanctuary City Policy is an Accident waiting to Happen!

Norman Gregory Fernandez, Esq.

30 Oct 2009 | 8:32 pm

On November 1, 2009, the city of San Francisco in California will implement a new policy that prevents city police officers from automatically impounding cars driven by unlicensed drivers. Unlicensed drivers will now be given 20 minutes to find someone with a valid license to drive their car. Only if an unlicensed driver is caught again within six months, is there an automatic 30-day impound, which can cost around $2,500.00. This policy is aimed to protect so-called undocumented or I should say illegal aliens who are otherwise law abiding citizens, from having their vehicles impounded even…
Researchers will Study Motorcycle Crash Causes and Prevention.

Norman Gregory Fernandez, Esq.

29 Oct 2009 | 9:54 pm

Oklahoma State University will lead an ambitious new study with the Federal Highway Administration to better understand and prevent motorcycle crashes. Between 1997 and 2008, motorcycle rider annual fatalities increased from 2,116 to 5,290 -- a 150 percent jump, according to U.S. Department of Transportation's Fatality Analysis Reporting System. In 2008 alone, deaths due to motorcycle crashes rose by an estimated 2.2 percent while all other vehicle classes saw reductions in fatalities. The motorcycle crash causation study will be the federal government's first major in-depth analysis of…

licensinghandbook.com
What Can’t You Not Do?

Jeff

27 Oct 2009 | 7:32 am

Over on her Ask a Manager blog, Alison Green today discussed those personality traits which force you into certain behaviors, resulting in career choices that are almost imperatives. It’s an interesting thought – are there things that you MUST do to satisfy your own internal itch? But then I started thinking about how that would affect the world of negotiation and it ties back into a conversation thread that’s been started many times: are certain people more predisposed to being better negotiators? And, on the flip side, are there people who shouldn’t, under any…
The Power (and Value) of “No”

Jeff

16 Oct 2009 | 7:32 am

Yes/No. Yin/Yang. Right/Wrong. It seems as if there are a lot of ways to say that in many decisions, we have two basic potential responses (and many other shades of gray in between). Answering “Yes” almost always involves more work, more responsibility and more hassle. So why don’t we choose “No” more often? As human beings, there is research to suggest that we want to generally appease others at a very fundamental level. This isn’t about conflict management, it’s simply about survival and the power that comes with “the return of the…
New Client Availability

Jeff

13 Oct 2009 | 7:32 am

I have a single vacancy in my client list that I’m looking to fill. My clients are typically organizations that fall into one of three obvious categories: small organizations who need a contract negotiator for individual large deals; medium-sized organizations seeking to create a contract management team; and, large organizations who can benefit from strategic advice to bolster their internal staff resources. So, if you or your organization have been considering contract renegotiation strategies or mitigation work based on risk management assessments, now might be a perfect opportunity…

PT-LawMom
Engaging News

ptlawmom

31 Oct 2009 | 7:51 pm

Mr. V proposed. Woo-hoo!!!! Actually, Mr. V and Pumpkinhead proposed with “rock candy“. Shocked the hell out of me. Not that I didn’t think we’d get married someday. But the fact that he did it tonight seriously stunned me. And, of course, I said yes. I have adored [...]
Weekly MILP Roundup #121

ptlawmom

25 Oct 2009 | 6:10 pm

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. Next week Proto Attorney will have it. Proto Attorney – “…I got an email from a certain [...]
The Retaliation Begins

ptlawmom

19 Oct 2009 | 6:27 pm

Forget everything I said yesterday. My boss met with me today and things just went downhill from there. He categorized my To Do list into “early week, mid week, late week, next week and next month”. Of course all of the Big Boss’s priorities are NEXT MONTH!!! And the attorneys? [...]

Durham-in-Wonderland
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…
Pottawatamie County & Nifong

KC Johnson

18 Oct 2009 | 9:01 pm

In 1978, in Iowa’s Pottawattamie County, a retired police officer working as a security guard was murdered. Police and prosecutorial attention rapidly focused on Curtis McGhee and Terry Harrington. The two suspects were tried, convicted, and imprisoned for more than two decades. But, it turns out, massive misconduct occurred in the case. The prosecutors never informed defense lawyers that police had another suspect in the killing. Nor did they reveal that they seem to have coached a key witness in the case to give fabricated evidence against McGhee and Harrington. When this information…

Legal Profession Blog
Bar Prosecutors Rebuked

Legal Profession

4 Nov 2009 | 8:14 am

The Oklahoma Supreme Court rejected a proposed stipulation between an attorney and the Oklahoma Bar Association (the "OBA)" and imposed public reprimand and probation for one year. The court was sharply critical of the stipulation: The stipulations here do not...
No Radical Departure

Legal Profession

4 Nov 2009 | 7:15 am

A Grievance Commission Panel of the Maine Board of Overseers of the Bar imposed a public reprimand for representation adverse to a former client. The lawyer [for clarity "Lawyer") "has extended family in the community in which he practices" (which...
Over 200 Suspended For Failure To Register In Ohio

Legal Profession

4 Nov 2009 | 6:40 am

From the web page of the Ohio Supreme Court: The Supreme Court of Ohio has suspended the Ohio law license of 233 attorneys who failed to register with the Supreme Court for the biennium that began Sept. 1, 2009, and...

Legalethics.com
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.
Contacts on Facebook can Cause Problems

prfhricik

12 Oct 2009 | 8:13 am

A Tennessee woman was arrested for virtually “poking” someone on Facebook, violating a TRO. You can read about it here. A few months back, a Philadelphia bar opinion held that a lawyer could not use a fake “name” on facebook to become befriended so as to gain access to an opposing party’s home page, as it violated Rules 4.2, 4.3 and 8.4. That opinion is here.

China Law Blog
China Joint Ventures Again. This Time We Blame The Victims.

Steve

4 Nov 2009 | 7:28 am

By Steve Dickinson Dan did a recent interview on joint ventures in China with Amcham and a couple of follow up posts, entitled, "Love The One You're With. When China Joint Ventures Make Sense," and "The China Joint Venture. It's BACK!!!" We are writing about joint ventures so often these days because we are seeing a pronounced resurgence both in companies wanting to go into Chinese joint ventures and in companies coming to us needing legal assistance with their failed and failing joint ventures here in China. We have often expressed cautions about joint ventures in the past, and nothing we…
Ad Age's 20 China Blogs For Marketers. Oh, And Everyone Else Too.

4 Nov 2009 | 4:08 am

Advertising Age Magazine just came out with its list of "20 Blogs Marketers to China Should Be Reading " and I like it. I like it not just because it lists China Law Blog (though I will admit I have trouble seeing past that), but because it provides a diverse list of blogs, every one of which I consider to be good. I like how it includes well deserved classics like Danwei and Peking Duck, deep think blogs like China Beat and James Fallows, top newcomer blogs like Aimee Barnes and China Smack, not boring legal blogs, China Hearsay and IP Dragon, and cutting edge China marketing blogs like…
China's VanceInfo "Done Good" And We Are Honored To Have Helped.

3 Nov 2009 | 11:18 pm

One of the things we lawyers have to live with is secrecy. Put simply, if we reveal client confidences we can lose our licenses. This necessarily leads us to be über careful. I have been uber careful about not mentioning a transaction in which my firm represented the Chinese company VanceInfo. The transaction was between VanceInfo and Expedia and I was not comfortable writing anything on it until I was 100% certain it had gone public. Working with VanceInfo's in-house legal team, my law firm provided the US side legal representation in negotiating the contract with Expedia and related…

Patent Law Blog (Patently-O)
Federal Circuit: When are Subsidiaries Covered in a License Agreement?

Dennis Crouch

4 Nov 2009 | 7:12 am

Imation v. Koninklijke Philips Electronics (Fed. Cir. 2009) At its heart, this case is simply one of contract interpretation. Philips and Imation (via 3M) had originally cross-licensed a set of patents relating to CD and DVD technology. The agreement expired in 2000, although the licenses themselves were irrevocable and continued. After 2000 several subsidiaries were formed (GDM and Memorex), and Philips argued that those companies activities were not licensed because the companies were formed after expiration of the agreement. On appeal, the Federal Circuit held that the later-formed…
Challenging the Constitutionality of Gene Patents: Ass'n for Medical Pathology v. USPTO

Dennis Crouch

2 Nov 2009 | 7:37 pm

Association for Medical Pathology & ACLU v. USPTO & Myriad, 09-cv-4515 (S.D.N.Y. 2009) Earlier this year, a group of organizations and individuals filed suit against the USPTO, Myriad, and individual directors of the University of Utah Research Foundation (ex parte Young action) demanding that the breast cancer gene patents (BRCA1 & BRCA2) be found invalid or unenforceable and that the PTO's policies and practices with respect to genetic patents be declared unconstitutional. The federal lawsuit argues (1) that the genes are not patentable because they are "products of…
Stays Pending Reexamination

Dennis Crouch

1 Nov 2009 | 6:52 pm

The following guest post is by Matthew Smith The grant rate of motions to stay is highly judge-dependent and (somewhat less obviously) district-dependent. The table below shows the approximate grant rate of contested motions to stay in major patent litigation districts since about the beginning of 2008. These data included around 150 motions, after excluding follow-on or duplicate motions on the same facts (e.g., in parallel cases against different defendants), stipulated motions, patent-owner-initiated motions, and motions initiated by declaratory judgment plaintiffs. The districts below are…

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
Challenges Facing a Medical Malpractice Plaintiff

admin

3 Nov 2009 | 9:43 am

Barry J. Nace It’s no secret that today the medical malpractice area is one of the most difficult areas of litigation. Plaintiffs not only have to deal with the physical effects of medical malpractice but also the challenges that they face in the courts. On this edition of Ringler Radio, host Larry Cohen welcomes Attorney Barry J. Nace, senior partner at Paulson & Nace in Washington DC to look at the process for the medical malpractice plaintiff in the trial court and specifically deal with how the biases of some judges can affect the result.
Is Windows 7 Coming to Your Computer?

admin

3 Nov 2009 | 8:56 am

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 new features in Windows 7, whether upgrading is the right move, and precautions to take before moving to the new operating system. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies. Special thanks to our sponsor,…
Maine voters reject gay-marriage law

admin

30 Oct 2009 | 7:39 am

Voters in the northeastern state of Maine repealed a state law that would have allowed same-sex couples to wed, dealing the gay rights movement a heartbreaking defeat in the corner of the country most supportive of gay marriage. Read the entire article on USATODAY.com

Patent Baristas
ACLU/PUBPAT Gene Patent Challenge Moves Ahead

Stephen Albainy-Jenei

3 Nov 2009 | 10:48 am

A federal district court said that the ACLU et al. suit challenging the patentability of gene patents can go forward. The American Civil Liberties Union (ACLU), the Public Patent Foundation (PUBPAT), and a whole host of others have filed a lawsuit challenging patents on two human genes associated with breast and ovarian cancer claiming that the patents are illegal and restrict both scientific research and patients’ access to medical care, and that patents on human genes violate the First Amendment and patent law because genes are “products of nature.” The lawsuit,…
IPCC: Behind The Scenes Look At Patent Cases

Stephen Albainy-Jenei

27 Oct 2009 | 7:19 pm

At the BIO’s IPCC Conference today, attendees were treated to a look at pending cases that concern biotech. John Dragseth, a Partner at Fish & Richardson, gave an overview of the Mayo v. Prometheus case after filing a Petition for a Writ of Certiorari with the Supreme Court just hours earlier. The Federal Circuit, reversing the district court, upheld Prometheus’s patent claims covering a process for correlating the level of certain chemicals in a patient’s blood with the patient’s health. Earlier, the Supreme Court granted certiorari in Laboratory Corp. of Am. Holdings v.
Patent Reexamination in the Life Sciences

Stephen Albainy-Jenei

27 Oct 2009 | 6:22 am

At today’s session of BIO’s IPCC Conference, Gregory Morse of the Central Reexamination Unit of the US Patent and Trademark Office gave a presentation of the process for handling re-exams. Comparing ex parte and inter partes, Morse showed that the time for processing to first action is inching up although inter partes proceedings have not been around enough to give a good picture. He did say that the branch typically is made up of the best of the best examiners so quality of examination and proceedings is very high. Chad Shear of Fish & Richardson pointed out that the time…

Religion Clause
Obama, Other Officials Meeting With Eastern Orthodox Ecumenical Patriarch

Howard Friedman

4 Nov 2009 | 7:50 am

Yesterday, Ecumenical Patriarch Bartholomew, leader of worldwide Orthodox Christians, met at the White House with President Obama. (White House press release.) Fox News reports that the Patriarch, who is a leader in the environmental movement, will also meet this week with Vice President Biden, Secretary of State Clinton and Congressional leaders. The government of Turkey has refused to recognize Bartholomew as the leader of the Eastern Orthodox church. The White House statement indicated that the President supports the reopening of the Halki Seminary in Istanbul. The seminary was closed down…
Jehovah's Witnesses Denied Recognition By Nagorno-Karabakh Court

Howard Friedman

4 Nov 2009 | 7:25 am

Forum 18 reported yesterday that in Nagorno-Karabakh, the General Court of First Instance in Stepanakert has upheld the denial of registration under the country's Religion Law to Jehovah's Witnesses. The country's Department for Ethnic Minority and Religious Affairs refused the registration application because Jehovah's Witness charter allows proselytism. Under the Religion Law only the Armenian Apostolic Church may proselytize outside its own religious community. Unrecognized religious communities are banned from meeting together for religious activities, though so far authorities are not…
Utah High Court Hears Arguments In FLDS Leader's Appeal

Howard Friedman

4 Nov 2009 | 6:55 am

Yesterday the Utah Supreme Court heard arguments in the case of State v. Jeffs, an appeal by Warren Jeffs, former head of the FLDS Church. Jeffs was convicted of rape as an accomplice (see prior posting) for his role in the arranged marriage of a 14-year-old to her 19-year-old cousin. (Audio of oral arguments.) Today's Dallas Morning News summarizes the arguments. Members of the FLDS Church practice polygamy in arranged marriages. Defense attorney Walter Bugden argued that the state charged Jeffs with a crime that does not fit the facts. He asserted:"This is an unpopular religion, and the…

ICANNWatch
Is the rug to be pulled out from under registrants?

michael

22 Oct 2009 | 8:22 am
Affirmation of Commitments

michael

1 Oct 2009 | 6:11 am
ICANN's New Commitment to Transparency Arrives Via Secret Process

michael

30 Sep 2009 | 4:59 am

Electronic Discovery Blog
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 [...]
CA’s new release of CA Records Manager speeds the e-discovery process

Larry Wescott

22 Oct 2009 | 7:07 pm

In conjunction with the latest release of CA Record Manager, v. 12.6, I had a chance to speak with Mark L. Moerdler, Ph.D, VP of Strategy for CA’s Information Governance business unit. I asked Dr. Moerdler about the electronic discovery functionality in the new release. CA Records Manager offers intertwined discovery and records [...]
Court hints that it will require re-production of data in native format where paper production is not reasonably usable

Larry Wescott

8 Oct 2009 | 7:26 pm

Covad Communications Co. v. Revonet, Inc., 2009 U.S. Dist. LEXIS 75325 (D.D.C. Aug. 25, 2009) Plaintiff requestor filed a motion to compel compliance with the court’s previous order compelling production. Requestor argued that producer had not complied with the court’s order to produce emails in native format. Producer conceded that a discrepancy existed between [...]

LIKELIHOOD OF CONFUSION®
Turning back that Crimson Tide

Ron Coleman

3 Nov 2009 | 9:50 am

Trademark law does not trump the right to make and sell artistic depictions of real life after all, it turns out. Or even NCAA football. Almost exactly four years ago I wrote about the suit by the University of Alabama urging the obnoxious claim that artistic depictions of its players at play were, by virtue of [...]
See Dick Win. Pay, Defendant, Pay.

Ron Coleman

2 Nov 2009 | 11:03 am

By now you must have heard about the dustup involving Yiddish with Dick and Jane. The irony for me is that not long after I was learning to read English with the original Dick and Jane at P.S. 225, I was learning Yiddish from an essentially identical book for little secular Yiddishists (it turned out [...]
A week of tweets

Ron Coleman

2 Nov 2009 | 11:03 am

Last week’s topical tweets via @roncoleman: RT @LawWriting There is no great writing, only great rewriting. ~ ~ Justice Louis Brandeis RT @MegLG Redskins litigants win support from psychologists, justice advocates in TM expungement suit http://ow.ly/wO4Q RT @westlaw Headnote of the Day for 10/29/09: “Suggestive marks” are as easy as Eskimo Pie http://bit.ly/headnote “HItler on copyright”update – Randazza: all Downfall parodies [...]

The Trademark Blog
NewLawyer.com Spammed Me Yet Again

Marty Schwimmer

2 Nov 2009 | 1:11 pm

I don't understand why their telemarketers don't mark their records "do not call - angry abusive guy threatens suit."
My Interview On CNN International re Domain Names

Marty Schwimmer

30 Oct 2009 | 11:37 am

With the World Series a close second, my interview on CNN International regarding domain names was certainly the most compelling television last night.
New gTLDs Delayed, Perhaps to Fall 2010 (Dog Bites Man)

Marty Schwimmer

30 Oct 2009 | 7:55 am

The ICANN Board passed a bunch of resolutions Friday morning in Seoul. Internalized domain names will be fast-tracked, new generic top level domains will be slow tracked. Applications for new gTLDs will only be accepted after (and depending upon) (1) more economic analysis as to whether new gTLDs are a good thing or not; (2) more analysis as to the cumulative effect of new IDNs and other implementations on the scalability of the DNS; (3) more consideration of trademark protection; and (4) the appointment of the evaluators of the gTLD application process. So expect a fourth version of the…

Sentencing Law and Policy
"Ohio GOP lawmakers: Execution process can be fixed"

Doug B.

4 Nov 2009 | 5:08 pm

The title of this post is the headline of this notable new AP piece discussing Ohio's on-going efforts to try to fix its execution protocol. Here are excerpts from the piece: Two Republican lawmakers advising Ohio's Democratic governor on changes...
SCOTUS argument transcripts for two criminal justice cases argued today

Doug B.

4 Nov 2009 | 12:51 pm

As noted in this prior post, the Supreme Court today heard arguments in Pottawattamie County v. McGhee, which concerns potential liability of prosecutors for arranging false testimony, and in Wood v. Allen, which concerns the scope of federal court review...
"All Locked Up: Did Joe Sullivan, sentenced to life at 13, have a fair trial?"

Doug B.

4 Nov 2009 | 11:32 am

The title of this post is the headline of this new piece at Slate. Here is how the piece gets started: Next week the Supreme Court will hear arguments, in Sullivan v. Florida, about whether sentencing a 13-year-old boy to...

Grits for Breakfast
Reduce pretrial detention to stave off jail overcrowding

Gritsforbreakfast

4 Nov 2009 | 2:26 pm

I had a conversation with someone today at the Travis County Sheriff's Office who was surprised to learn that Travis County has one of the highest rates of jailed pretrial detainees among large counties, so I thought I'd gather up the relevant data for comparison.As described on this blog many times, the primary cause of overcrowding in Texas jails is excessive pretrial detention, particularly in the larger counties. Based on data from the Texas Commission on Jail Standards (pdf), here are the pretrial detention rates for Texas' six largest counties, along with the percentage of jail inmates…
Prison Legal News sues TDCJ over book censorship

Gritsforbreakfast

4 Nov 2009 | 10:27 am

I just received this press release via email:Prison Legal News – For Immediate ReleaseNovember 4, 2009PUBLISHER SUES TEXAS DEPT. OF CRIMINAL JUSTICE FOR CENSORING BOOKSCorpus Christi, TX – Prison Legal News (PLN), a non-profit monthly publication that reports on criminal justice-related issues, filed suit today in federal district court against Brad Livingston, Executive Director of the Texas Dept. of Criminal Justice (TDCJ), and other TDCJ officials. According to PLN’s complaint, TDCJ has inappropriately censored books sent to Texas state prisoners. One of the censored books was Women…
Hump Day Roundup

Gritsforbreakfast

4 Nov 2009 | 6:59 am

Here are several criminal-justice related items from the news that merit Grits readers' attention:Fort Worth may begin jury trials for red light camera tickets.TDCJ: Prisoner can't review books on sailing for pay.TYC employee accused of sex with 14-year old.Family says Sheriff shouldn't perform investigation of Dallas jail death.Edwin Colfax: How many more innocent people weren't so lucky?What's next: Dallas County constable investigation.Lawyer advising Big D commissioners court on constable investigation dies of swine flu.El Paso: Clean up county corruption is top mandate of ethics…

Blonde Justice
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.
Frustration

Blonde Justice

18 Oct 2009 | 2:54 pm

Ok, so, Blogger has this whole "new template" thing. I've tried switching to the new template thing, but I think it looks so crowded and ugly, that it makes me not want to use it. So, stick with the old template then, right? But when I do, it can't be viewed in Internet Explorer, apparently. I've tried it, it does this whole weird blinking re-loading thing. And lots of people use IE. So, I'm frustrated and avoiding doing anything with it, and that's why I haven't posted anything. So, there's the explanation, without any sort of solution.

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
Poison Pill In Healthcare Bill

Beck/Herrmann

3 Nov 2009 | 6:36 am

We're not the first to mention this, but we want to make sure our readers know. The recently released House version of the administration's healthcare reform package contains what is billed as pilot projects for "medical liability reform." It's a brief nod in the direction of the elephant in the room - limiting the incessant litigation that drives up the expense of every aspect of healthcare in this country, from the doctors, to the hospitals, to the EMTs, to the drugs and devices that patients use.But this "incentive" project is really a poison pill for those states that have already enacted…
Cleaning Up The Accutane MDL IBD Cases

Beck/Herrmann

3 Nov 2009 | 5:00 am

Sometimes, we feel as though we're writing in code.Take the headline of this post, for example, which talks about the Accutane MDL IBD cases.So be it, we suppose: There's not a very good alternative.Two years ago, Judge Moody, who's overseeing the Accutane MDL, granted Hoffman-La Roche Inc's motion to exclude plaintiffs' general causation expert who sought to link the ingestion of Accutane to inflammatory bowel disease, or "IBD." (Ever vigilant, we posted about that decision here.)Last week, Judge Moody granted summary judgment dismissing the second group of cases in the IBD track. Here's a…
Three Things Around The Web

Beck/Herrmann

2 Nov 2009 | 9:52 am

1. Although it happened last week, we just saw that the Department of Justice has again indicted individual officers of a device company for allegedly having participated in an illegal marketing scheme. This time, it's the former president of Stryker Biotech. Here's a link to the DoJ's press release, and to coverage of the story at the In Vivo Blog. That turns up the heat pretty high at drug and device companies.2. Pharmalot, which was a great blog covering the sandbox in which we play, had gone silent back in January. We're pleased to report that Pharmalot is back! Here's a link for the…

Capital Defense Weekly
The Effective Death Penalty Appeals Act

cdw

4 Nov 2009 | 7:44 pm

Rep. Hank Johnson (D-GA) has introduced H.R. 3986, “The Effective Death Penalty Appeals Act.” The Act would permit a federal court to grant habeas relief in a capital case upon a showing that the petitioner is more likely than not innocent. That Act reads [more] A BILL To amend title 28, United States Code, to clarify the availability of Federal habeas corpus relief for a person who is sentenced to death though actually innocent. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be…
new edition

cdw

2 Nov 2009 | 7:53 pm

The latest edition is now available. Leading off this edition is the Supreme Court’s decision in Joseph Corcoran v. Levenhagen. The district court in this case granted habeas relief as to Mr. Corcoran’s death sentence due to a “Sixth Amendment violation,” and decided not to address the remaining claims of error asserted by Mr. Corcoran in his habeas petition “noting that they were ‘rendered moot’ by the order that Corcoran be resentenced because of the Sixth Amendment violation.” The State and Mr. Corcoran sought relief from the Seventh Circuit. A panel of the Seventh…
Beard v. Kindler

cdw

2 Nov 2009 | 2:30 pm

The Court today heard arguments in Beard v. Kindler. With Justice Alito apparently recusing himself the Government needed to pick up both Justice Kennedy and one other Justice in addition to every Justice in its usual block of justices (the Chief, Scalia, J., and Thomas, J.). The oral argument transcripts suggest they didn’t get it, with Justice Kennedy wondering aloud, p. 5-6, on whether the Court was hoodwinked in to taking a case it shouldn’t have taken. If the oral argument in anyway foretells the ultimate decision in Kindler, it will not be the sort of repudiation of…

Crime and Consequences Blog
Morphing the Question Presented

Kent Scheidegger

4 Nov 2009 | 1:22 pm

The Questions Presented in Wood v. Allen, argued today, have to do with the requirements of the Antiterrorism and Effective Death Penalty Act (AEDPA) on federal courts' treatment of state court findings of fact. Yet for the first three pages of his argument, counsel for Wood didn't say a word about the fact findings but instead talked about the application of the Strickland v. Washington ineffective assistance of counsel standard.The Justices weren't too pleased about the ruse of getting certiorari on one question and then arguing another question. Justice Alito leads off on page 5. Then the…
Blog Scan

Lauren Altdoerffer

4 Nov 2009 | 1:19 pm

Public Shaming Instead of Incarceration: At Sentencing Law and Policy, Doug Berman posts on a Pennsylvania district attorney's decision to pursue probation instead of incarceration for two women who were arrested for stealing a gift card from a nine-year-old girl on her birthday. The two women were arrested for swiping a gift card that the girl set on a shelf while a Walmart employee helped her. The women have agreed to hold the signs in front of the Pennsylvania courthouse, reading "I stole from a 9-year-old girl on her birthday! Don't steal or this could happen to…
The Perils of Genetic Mitigation

Steve Erickson

4 Nov 2009 | 12:19 pm

From the New Scientist: Murderer with 'aggression genes' gets sentence cut. And Prof. Farahany gets it right: There are easily many more genes that could suggest a defendant should be incapacitated far longer than a typical sentence dolled out these days. The real danger of linking genes with responsibility is that our genetic make-up is permanent. And that generally precludes any rehabilitative efforts.

CLEWS Your Home for Historic True Crime
Is Dwayne Provience innocent?

Laura James

4 Nov 2009 | 9:12 am

The University of Michigan Innocence Project has won a new trial for a convicted murderer here in Detroit. The Detroit Newshas a few details. The opinion affirming his conviction can be found here. Hmm. I plan to look harder at this case. More links: Detroit Free Press: Wayne Provience Released from Jail Examiner: Latest Dwayne Provience news
New Regional Books

Laura James

3 Nov 2009 | 10:48 am

Short story collections in the historical true crime theme are some of my favorites. Several authors I know have produced new titles of late, and here is just a sampling of recent titles from the top shelf. Strange Tales Crime connoisseur Keven McQueen strayed out of Kentucky and ventured into Indiana for his latest collection. Strange Tales of Crime and Murder in Southern Indiana [Amazon; not on B&N] is a true crime book from the History Press that chronicles several stories of mayhem and murder that took place in the state between 1880 and 1912. As the book description warns…
Book Giveaway Winners!

Laura James

27 Oct 2009 | 4:47 am

Five lucky CLEWS readers had their names drawn from a hat to win a free hardcover copy of A Cold-Blooded Business: Adultery, Murder, and a Killer's Path from the Bible Belt to the Boardroom by Marek Fuchs. The publisher, Skyhorse Publishing, was kind enough to share them with you -- readers who appreciate very well written true crime stories. If you see your name below, your book will be mailed Media Mail (give it 4-10 days). The winners (who, to enter, had to name their favorite true crime book ever) are: Tom, St. Louis: "Some tough competition, but my number one would have to…

The Chicago Syndicate
Mafia Wars is Profitable

JB

29 Oct 2009 | 2:52 am

At least one company is making money off of social networking. The game developer behind 'FarmVille' and 'Mafia Wars' has seen its web-based games take off – and deliver profits.On any given day...
Jury Infighting at the Gotti Trial?

JB

28 Oct 2009 | 8:41 am

There's more infighting on the Gotti jury than at a gangland sitdown - and they're not even deliberating yet!A tattling juror revealed the bad blood in a letter to the judge - ratting out a...
GANGSTERS OF MIAMI: True Tales of Mobsters, Gamblers, Hit Men, Con Men And Gang Bangers from the Magic City

JB

28 Oct 2009 | 6:28 am

Rising from a swampy flatland a little more than a century ago, Miami has grown to become a trend-setting metropolis known for tourism, fashion, nightlife and style. Miami is also the city of...

Crime Scene KC
1 man shot and killed in south KC

James Hart

4 Nov 2009 | 5:54 pm

From KCPD: Today at approximately 4pm, KCMO Police were called to 116 St and Holiday Dr in regard to the sound of gunshots. Upon arrival a shooting victim (b/m approx. 20yrs old) was located in the street with no signs...
The Human Breathalyzer, in all his glory

James Hart

4 Nov 2009 | 1:19 pm

From AP: James P. Miller, 20, is shown Saturday, Oct. 31, 2009, in a police photo provided by the Oxford Ohio police department wearing a Halloween breathalyzer costume. Miller was arrested and charged with driving a vehicle while intoxicated after...
High on K2

James Hart

4 Nov 2009 | 11:55 am

And by K2, we mean the synthetic substance that strangely resembles marijuana, but isn't illegal. (Sorry, other K2.) David Klepper has a piece about K2 here and how a Kansas legislator is moving to outlaw it. JoCo says it's already...

Salon: Glenn Greenwald
Stephanopoulos and Ledeen: together in the most accountability-free profession

Glenn Greenwald

4 Nov 2009 | 7:05 am

(updated below - Update II - Update III) Michael Ledeen of National Review & American Enterprise Institute, writing in "Pajamas Media," January 4, 2007: BREAKING NEWS --Ayatollah Ali Khamenei, Iran’s Supreme Leader, is dead. Associated Press, January 7, 2007 -- 3 days later: Khamenei addressed hundreds of citizens of Qom, a holy city 80 miles south of Tehran, who gathered outside his residence in the city center. Michael Ledeen of National Review & American Enterprise Institute, writing in "Pajamas Media," October 13, 2009: Khamenei Said to be in Coma…
Extreme unintended irony from a WH official

Glenn Greenwald

4 Nov 2009 | 2:05 am

(updated below) From Ben Smith's Politico article on the surprisingly narrow victory by Michael Bloomberg in the New York mayoral race: Bloomberg’s meager five-point win left Democrats pondering what might have been if New York’s Democratic donors hadn’t turned their back on Thompson, if its politicians had worked for him, and most of all if President Barack Obama had offered anything more than the lamest words of praise. "Maybe one of those Corzine trips could have been better spent in New York. Who knows?" remarked New York Rep. Anthony Weiner, who weighed his own run for…
A court decision that reflects what type of country the U.S. is

Glenn Greenwald

3 Nov 2009 | 4:04 am

It's not often that an appellate court decision reflects so vividly what a country has become, but such is the case with yesterday's ruling by the Second Circuit Court of Appeals in Arar v. Ashcroft (.pdf). Maher Arar is both a Canadian and Syrian citizen of Syrian descent. A telecommunications engineer and graduate of Montreal's McGill University, he has lived in Canada since he's 17 years old. In 2002, he was returning home to Canada from vacation when, on a stopover at JFK Airport, he was (a) detained by U.S. officials, (b) accused of being a Terrorist, (c)…

TalkLeft
DC Sniper Seeks to Halt Execution

Jeralyn

4 Nov 2009 | 6:28 pm

DC sniper John Allen Muhammad is scheduled to be executed Nov. 10. His lawyers are asking the Supreme Court to halt the execution, because he is delusional. In May, 2008, Muhammad wrote a rambling letter to his lawyers in which he proclaimed his innocence. No one should be executed, but if Muhammed is mentally ill, clearly he should not be put to death. Will the Supreme Court agree?
Wednesday Afternoon Open Thread

Jeralyn

4 Nov 2009 | 1:36 pm

I'm at the office for a few more hours yet. Here's an open thread for you, all topics welcome.
Yes We Can . . . Try

Big Tent Democrat

4 Nov 2009 | 10:14 am

Matt Yglesias makes some sense: I’m not really sure why Obama would lack the credibility necessary. [. . .] But does “credibility” really matter? Probably not. [. . . A]s far as I know, [the White House is] not actively trying to persuade anyone because the White House is afraid that if they try to persuade key legislators they might fail. That’s circular. There seems to be some feeling that the President has an obligation to act like he’s a Prime Minister and not bring proposals to the floor unless he’s sure they can pass [. . .] [T]here’s little reason to…

TheFunded Founder Institute News
Special Rewards for New Applicants

3 Nov 2009 | 4:05 pm

The Seattle and Washington DC semesters are offering compelling rewards to current and future Founders that apply. In Seattle, complete an application by midnight PST today, Tuesday, November 3rd, 2009, and every single applicant will receive a $125 gift certificate for a massage in the area. Being a Founder can be stressful, and the Institute wants to help ease the tension. Apply here. In Washington DC, complete an application by midnight EST on Saturday, November 7th, 2009, and you will be enrolled to win one brand new Acer NetBook. The Institute wants to help applicants build their startup…
Monday Evening in Seattle

31 Oct 2009 | 4:00 pm

Current and future Founders, as well as Mentors, are all invited to a special informational session about the Founder Institute on Monday evening, November 2nd, at the University of Washington in Seattle. 100 seats have been filled to this free event, and just a dozen tickets remain. A special prize offering will be announced for those that attend.If you are interested in learning more about how the Founder Institute can help to jumpstart your startup, this is a unique opportunity to understand the mechanics and ask questions. Reserve a seat before they are all filled:…
First Applicants Admitted to San Diego / Orange County

31 Oct 2009 | 10:00 am

The Founder Institute has accepted two dozen applicants into the inaugural San Diego / Orange County semester, and another dozen applicants have been placed on the waiting list. Accepted applicants have until Sunday at 5:00 PM PST to complete their enrollment, at which time any unfilled positions in the semester will be offered to the other Founders on a first come, first served basis.The Institute designed the enrollment process to pressure Founders to make a quick decision about entering the program, simulating the day-to-day challenges of running a successful startup. Often times in a new…
Applications Open for Seattle Market

27 Oct 2009 | 9:00 am

The Founder Institute proudly announces our fourth location opening today, Seattle, Washington. The Seattle semester is designed to attract top technology, engineering and gaming talent from the Pacific Northwest, who are interested in founding a company of their own. Current and future founders are invited to apply to the Seattle semester that starts in December. The Institute is hosting a free informational session on the evening of Monday, November 2nd, at the University of Washington.The Founder Institute in Seattle has attracted both local and remote CEO Mentors, many of whom are flying…
San Diego and Orange County, Last Days to Apply

25 Oct 2009 | 7:00 pm

Applications to participate in the San Diego and Orange County Fall 2009 Semester are due shortly. A few Founders have asked for more time to complete their application after learning about the program from some major news stories over the weekend and on Friday. In response, the Founder Institute has moved the application deadline to Tuesday, October 27th, 2009. Courses begin on November 3rd, 2009. Make sure to submit your application at this link as soon as you can. Good luck!

SCOTUSblog
A Question of Federalism Fades: Beard v. Kindler, Argument Recap

Erin Miller

4 Nov 2009 | 1:46 pm

An earlier preview of the case is available here. Check the Beard v. Kindler (08-992) SCOTUSwiki page for additional updates. It became clear during the Beard v. Kindler oral argument on Monday, November 2, that the question presented in the petition for certiorari – whether a state procedural default rule is inadequate solely because it is discretionary – was not actually in dispute. Everyone – including the respondent and the Court – agreed that discretionary rules can be adequate. Justice Kennedy summed it up in his blunt statement to the Commonwealth’s lawyer, Ronald…
Today’s Transcripts

Erin Miller

4 Nov 2009 | 12:28 pm

The oral argument transcripts for Pottawattamie County v. McGhee and Wood v. Allen are here and here.
Interpreting Ambiguous Exemption Claims: Schwab v. Reilly, Argument Recap

Anna Christensen

4 Nov 2009 | 10:54 am

Below, Stanford Law School’s Anthony Dick recaps yesterday’s oral argument in Schwab v. Reilly. Anthony’s earlier preview of the case is available here. Check the Schwab v. Reilly (08-538) SCOTUSwiki page for additional updates. At oral argument in Schwab v. Reilly on November 3rd, the Court grappled with the question of the proper rule to apply when a debtor claims an ambiguous exemption in bankruptcy. The debtor in this case was a caterer who filed a Schedule C bankruptcy form valuing her cooking equipment at $10,718. On the same form, she claimed an exemption in the…

Hugh Hewitt's TownHall Blog
Hugh Hewitt: "Game Six" by Mark Frost (Bumped)

4 Nov 2009 | 1:00 pm

This is a book you will really, really enjoy:In yesterday's interview with Rudy Guiliani, transcript here, before turning to politics and the elections, I asked the mayor which baseball game had been the best he'd ever...
Jude : The Godfather Of Green Greed

4 Nov 2009 | 11:41 am

Just in time for the seasonal change from 'Global Warming' to 'Climate Change', the New York Times scratches the surface of Algore's remarkable conflicts of interest, or whatever you call it when the number one advocate...
Hugh Hewitt: "Litigation as a Hazardous Substance"

4 Nov 2009 | 6:15 am

This Washington Times op-ed by Representatives Peter King and Charlie Dent is a must read.King and Dent begin their argument by citing the massive amount of litigation triggered by the Endangered Species Act, a subject...

Articles on National Review Online
Lessons of NY-23 -- By: Michael Graham

4 Nov 2009 | 8:30 am

Losing NY-23 may be the first step toward victory for Northeastern Republicans.Doug Hoffman’s congressional race was watched very closely by conservatives across the region, people like Jennifer Horn of New Hampshire’s 2nd District.Horn, an outspoken conservative and a tea-party Republican, ran for the seat last year against Democrat Paul Hodes, and lost. Now Hodes is running for the U.S. Senate, and Horn is a candidate for the open seat.So is Charlie Bass, the moderate-to-liberal Republican incumbent Hodes defeated in 2006. Bass is the sort of GOP squish that drives conservatives crazy:…
Hoffman 2010? -- By: Stephen Spruiell

4 Nov 2009 | 7:00 am

Saranac Lake, N.Y. In the end, Doug Hoffman couldn’t overcome the hurdle that all third-party candidates face: Most voters tend to pull the lever for the R or the D. Never mind that in this race, the absence of Hoffman would have left voters with a choice-in-name-only (a CHINO?). But Hoffman supporters should not despair. The Democrat who beat him, Bill Owens, faces a tough year ahead. If he runs in 2010, Hoffman will have the major-party label. Conservatives might get their congressman after all.Victories for Chris Christie in New Jersey and Bob McDonnell in Virginia were certainly welcome…
The Comeback Begins -- By: The Editors

4 Nov 2009 | 5:45 am

Conservatives scored some impressive victories on Election Day. In Virginia, Robert McDonnell won the governor’s race in a landslide that carried other conservative statewide officeholders and legislative candidates to victory. New Jersey’s Chris Christie won his race by a larger margin than any Republican had mustered since 1985 -- and as a candidate significantly to the right of previous Republican governors such as Tom Kean and Christie Todd Whitman. Maine repealed a law that accorded official recognition to same-sex unions as though they were marriages. The disappointment of the…

Transnational Law Blog
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...
America's Third Nobel Peace Prize In A Decade

Christine Ngo

9 Oct 2009 | 10:43 am

At 4am, the news that president Obama received the Nobel peace prize came to me just as unexpected at it was for all of us. However, as the dust settled, and president Obama finally responded with his speech in the White House's rose garden saying that the prize is "an affirmation of American leadership on behalf of aspirations held by people in all nations." I have to admit a growing sense of admiration and honor by his response to the unexpected, yet often controversial, award. The Financial Times reports: Awarding the SKr10m ($1.4m) prize, the Nobel committee said: “Only…

Nuts & Boalts
Pre-Bezerkeley Berkeley

tj

4 Nov 2009 | 5:53 pm

More procrastination fodder from your favorite procrastination 4L...The Chron has a great series of late 1800s / early 1900s photos of Berkeley. See them here.
Letters of Note

Patrick

4 Nov 2009 | 5:57 am

I read a lot of blogs, but this one — a regularly updated collection historical letters from the likes of Hugh Hefner, Dwight Eisenhower, Galileo, and Walt Disney — is worth sharing. Armen in particular will enjoy this gem from Matt Groening.
False Lat

Armen

3 Nov 2009 | 10:35 am

Just saw this post about a University of Miami School of Law professor suing Above the Law for three counts: 1) False Light; 2) Invasion of Privacy; 3) Copyright Infringement. The pro se complaint is here.Maybe I have my blogger goggles on, but I don't see how this goes past 12(b)(6), especially the last two. Copyright infringement for posting a picture pilfered from the law school's website? Putting aside any fair use arguments, does the professor even "own" the copyright? And more seriously, the complaint is written terribly. I wanted to slash my wrists reading that first paragraph. And…

Counsel to Counsel
Cut Hours,Cut Salaries and Increase Profits?

Stephen Seckler, Esq.

29 Oct 2009 | 6:08 am

Increase your profitability while increasing work/life balance at your firm--that according to a study published in the ACC Docket.
Do You Send Thank You Notes to Your Referral Sources?

Stephen Seckler, Esq.

27 Oct 2009 | 2:55 pm

What about gifts? How would you feel if you kept referring work to another professional and never received a thank you?I know what I would do (and what I have done!) I'd stop referring work to that individual.
Blawg Review #235

Stephen Seckler, Esq.

25 Oct 2009 | 3:15 pm

On this 80th Anniversary of the Stock Market Crash of 1929, I am pleased to host Blawg Review and dedicate Blawg Review #235 to The Great Recession.How has our current crisis changed the practice of law and affected our careers as attorneys? Fortunately for me, there was no shortage of reading material on the subject this past week.The news from large law firms continues to be mostly bad; though there was at least one flicker of hope reported on Above the Law this week. So do any lawyers have job security in this economy? Maybe only lawyers who have their own business.Lawyers who don't want…

Larry Bodine Law Marketing Blog
Story of the Year: Alternative Fees Are Now Prevalent

4 Nov 2009 | 3:00 am

Far and away the biggest development of the last 12 months is the prevalence of alternative fees. Dan Currell, Senior Member of the General Counsel Roundtable, told me that law firms that offer alternate fees are "eating the other law firms' lunch." Roughly half of all clients are using alternative fees, according to the new Fulbright & Jaworski survey of in-house lawyers (see the chart) -- and see the article http://bit.ly/44wrJD I went to the Association of Corporate Counsel meeting in October, and GCs are talking about buying "litigation by the…
Get Your Copy of Google Wave

3 Nov 2009 | 3:00 am

Google Wave, Google’s new real-time communication platform is now available to the public. It is a new in-browser communication and collaboration tool that is already being hailed by some as the next evolution of email. To make sense of it all, Mashable.com has compiled key information, definitions, and links related to the launch of Google Wave. This in-depth guide provides an overview of Google Wave, discusses the terminology associated with it and details information on Google Wave applications. Google Wave is a real-time communication platform. It combines…
Think Halloween is scary? Try getting a bunch of lawyers to move by December 15

2 Nov 2009 | 3:00 am

I just LOVE this: Think Halloween is scary? Try getting a bunch of lawyers to move by December 15. Our Nashville office is moving to the new Pinnacle at Symphony Place: 150 Third Avenue South, Suite 2800 • Nashville, TN 37201 This email was sent to Lbodine@LawMarketing.com. To ensure that you continue receiving our emails, please add us to your address book or safe list. manage your preferences | opt out using TrueRemove®. Got this as a forward? Sign up to receive our future emails. powered by

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
Supernova Early Registration Ends Friday (Wave Invites Too!)

Denise Howell

12 Oct 2009 | 9:24 am

Supernova is one of the best tech conferences I've attended or been involved with. I'm somewhat overwhelmed to be in the company of this year's phenomenal roster of speakers, and the attendees always make the conference a don't-miss event. In addition to its usual interesting and current discussions, this year Supernova features an entire legal track and is offering CLE credit for lawyers. (Kevin Werbach, Supernova's founder and driving force, is one of the very first blawgers, co-led the review of the FCC for the Obama-Biden Transition Project, and will join us on TWiL this…
Peer Forum On The Working Web And Enterprise 2.0

Denise Howell

13 Sep 2009 | 11:11 am

I'll be speaking Thursday at 11:00 a.m. PDT at Qualcomm in San Diego to the 2.0 Council: a forum of BigCos where members share ideas about how to innovate and adapt. I'm a big fan of companies working together in this way, and am pleased to have the chance to work with this group. If your company could benefit from such a forum — and let's face it, most could — you might want to look into it further. Here's the a copy of the email invitation/agenda for this week's event at Qualcomm: So far 3M, American Express, Clorox, Chevron, Deloitte, GE, General Mills, ITT,…
'The Most Dangerous Place In The House' Now Makes Sense

Denise Howell

12 Sep 2009 | 8:17 pm

bathtubOriginally uploaded by doublelibra Parent (from the closet, getting dressed): Are you up here? Where are you playing? Child (amidst various regiments of toys): I'm here. In the Bathtub of Doom. Parent: Unh huh; 'course you are.

Jim Calloway's Law Practice Tips Blog
Debate on the Free Access to Law

Jim Calloway

3 Nov 2009 | 11:11 am

Apparently there is a fairly robust online debate about the state of the free access to the law. As we know the law is generally found in case opinions and statutes, which are, generally speaking, in the public domain by...
Federal Judge Rules Lawyers do not have to Comply with FTC Red Flag Rules

Jim Calloway

29 Oct 2009 | 2:27 pm

The American Bar Association prevailed today on its motion for an injunction and declaratory judgment that the Federal Trade Commission's interpretation that the "Red Flag" indentity theft prevention rules should apply to law firms was overbroad. More information here.
Can a Lawyer Really Use Twitter to Market a Law Practice?

Jim Calloway

27 Oct 2009 | 9:21 am

Since the topic of lawyers marketing with Twitter has been discussed a lot lately in various forums, I couldn't resist giving my opinions with "Can a Lawyer Really Use Twitter to Market a Law Practice?" in the Oklahoma Bar Journal...

My Shingle
Come Meet Me At Avvo's DC and Baltimore Events

4 Nov 2009 | 7:49 pm

I've made no secret of the fact that I'm a fan of Avvo.com, which launched back in 2007. Though now Avvo has plenty of copycats, when it launched, it was the first service to provide a robust online profile to lawyers for free. Avvo's generated quite a bit of controversy amongst lawyers, with many like this fellow or the DC Bar wishing that it would go away. Other bars, like South Carolina are trying to needlessly complicate lawyers' participation in these sites, with a recent ruling making lawyers responsible for ethically compliant profiles. As Gabriel Miller at…
Why Isn't Anyone Speaking for the Five Solos Targeted by the Connecticut Disciplinary Counsel's Attack on So-Called Referral Services?

3 Nov 2009 | 8:00 am

So, let's say that a typical consumer - we'll call her Jane Consumer - in Connecticut finds herself hounded by creditors and deeply in debt. Jane's heard that bankruptcy might help but she doesn't know if it's right for her. After all, Jane Consumer is no deadbeat. She's always paid her debts, but with limited health insurance benefits, an unemployed spouse and a child with learning disabilities, she's fallen on hard times. Jane is so ashamed of her predicament that she won't share her troubles with friends or family. Instead, she decides to turn to the Internet…
The Front Row

31 Oct 2009 | 6:22 am

This morning, I'll take a seat in the front row in a place where I can't look back. I've occupied the front row dozens of times over the course of my career, at trials, hearings and appellate arguments - but today is different. Because today, it's not a client but my daughter who occupies center stage, on the occasion of her Bat Mitzvah. Just like in a trial, once my daughter takes to the Bimah (stage), she's out of our control. In my law practice, all of the preparation in the world can't prevent a client from breaking down into crocodile tears or sassing the…

Robert Ambrogi's LawSites
Avvo Readies Roll Out of Enhanced 'Avvo Pro'

Robert Ambrogi

29 Oct 2009 | 12:42 pm

Lawyer-rating site Avvo will introduce a premium version next week that will enhance lawyers ability to customize their profiles, enhance their visibility in other Avvo sections, and provide them with more detailed analytics. Called Avvo Pro, it will be available starting Nov. 6 for a monthly subscription of $49.95. (An initial promotion will offer the first month free.)Avvo Pro will feature three components:1. Enhanced profiles. Subscribers to Avvo Pro will be able to add a custom field at the top of their profiles that lets them add a tag line or a brief description of their practices. Also…
MassINC Publishes Lawmakers Financial Records

Robert Ambrogi

28 Oct 2009 | 7:22 am

Many government documents are designated "public" but are not easily available to the public. MassINC, publisher of CommonWealth magazine, has launched an initiative, Full Disclosure, to publish on its Web site a variety of state and local government records in order to make it easier for the public to see them.The first set of documents it is publishing are the statements of financial interest filed by various state and county officials. These are forms by which officials are required to disclose outside financial interests such as outside income, business ownership, property ownership and…
Discount for Marketing Strategies Conference

Robert Ambrogi

26 Oct 2009 | 8:35 am

As a follow-up to my post earlier today on the ABA Law Firm Marketing Strategies Conference, I am now able to offer readers of this blog a special "friends and colleagues" discount off the registration price. If you are interested, e-mail me at ambrogi-at-gmail.com or DM me on Twitter for the form that will give you the discount.

Wise Law Blog
Nothing Is Certain (Except Death and Facebook)

Garry J. Wise, Wise Law Office, Toronto

27 Oct 2009 | 10:07 pm

Facebook announces a new approach for handling deceased users' pages:"When someone leaves us, they don't leave our memories or our social network," Facebook director of security Max Kelly said in a blog post Monday."To reflect that reality, we created the idea of 'memorialized' profiles as a place where people can save and share their memories of those who've passed."Profiles of dead people do not turn up in friend recommendations or general searches at Facebook, according to Kelly. Privacy settings on memorialized accounts only let confirmed friends or family members see them.Also see:…
The End of the MP3?

Garry J. Wise, Wise Law Office, Toronto

27 Oct 2009 | 10:03 pm

I doubt it.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.netEMPLOYMENT LAWCIVIL LITIGATIONWILLS AND ESTATESFAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOGSUBSCRIBE TO WISE LAW BLOG
Baby You Can Drive My Car...

Garry J. Wise, Wise Law Office, Toronto

27 Oct 2009 | 9:52 pm

... But please don't ever try to park it, again:But if you think that was bad, try this: Car lands on couple asleep in bed- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.netEMPLOYMENT LAWCIVIL LITIGATIONWILLS AND ESTATESFAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOGSUBSCRIBE TO WISE LAW BLOG

DennisKennedy.blog
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…
Recent Microblog Posts - November 1, 2009

dmk

1 Nov 2009 | 7:51 pm

DennisKennedy.Microblog is a supplement to this blog that can be found on Twitter at @dkennedyblog. I invite you to become a follower. An explanation of the microblog can be found here. Here are recent posts from the microblog: Rick Borstein on using Adobe Acrobat to create email portfolios for small EDD productions - http://bit.ly/3HdZwn RT @allisonshields: 7 Simple Online Mistakes Lawyers Make http://bit.ly/4o1jNd Two new blog posts: Springsteen show in St. Louis; a few available Google Wave invitations - http://bit.ly/7S3x4 & http://bit.ly/2Qr6lm Andres Ferrate: "Intuit’s New QuickBooks…
Google Wave Invitations and Audience Questions for Podcast

dmk

27 Oct 2009 | 9:11 pm

I have a few Google Wave invitations that I'd be happy to extend to regular readers of this blog who would like to test out Wave. Send me an email at denniskennedyblog @ gmail.com with your email address and some info about what you'd like to use Google Wave for and I'll see how long they last. I'll especially look favorably on those who include a question for the audience Q & A segment of our next episode of The Kennedy-Mighell Report podcast. The next episode will cover Windows 7 and Tom and I would welcome your questiions about Windows 7 or any other legal tech topic. I'm also interested…

Inter Alia
Blawg of the Day - The Chicago Bicycle Advocate

3 Nov 2009 | 3:06 am

Regular readers know how much I love niche blogs, and I have a great niche for you today. The Chicago Bicycle Advocate is designed to help those who are injured in bicycling accidents. It's authored by Brendan H. Kevenides, a lawyer with Patrick J. Kenneally, Ltd.
Blawg of the Day - Northwest Education Law Report

2 Nov 2009 | 3:14 am

We'll take up today where we left off on Friday - in the Pacific Northwest. Today's blog, the Northwest Education Law Report, is published by the education law practice team at Williams Kastner, a firm with offices in Washington and Oregon. They're discussing a wide range of topics, including the ADA, distance learning, private schools, student discipline, student loans, and many more.
Blawg of the Day - Supreme Court of Washington Blog

30 Oct 2009 | 3:04 am

As you might expect, the Supreme Court of Washington Blog covers opinions of that state's highest court. With the tagline "reading the opinions so you don't have to," the Constitutional Law Center of the Evergreen Freedom Foundation is providing news, information and analysis of cases before the Washington Supreme Court. There's also an accompanying podcast.

Health Care Law Blog
Federal Advisory Committee Blog (FACA Blog)

3 Nov 2009 | 6:08 am

The Office of the National Coordinator for Health Information Technology (ONCHIT) has launched a new blog called the Federal Advisory Committee Blog (FACA Blog).The initial post by Judy Sparrow discusses that the FACA Blog will be uses in a spirit of transparency and collaboration to help open a broader dialogue on the issues before the Health IT Standards Committee and the Health IT Policy Committee. The post also provides some background on the role that Federal Advisory Groups play under the Federal Advisory Committee Act.The second post by Aneesh Chopra, Federal Chief Technology Officer,…
West Virginia H1N1 (Swine) Flu Resource Center

3 Nov 2009 | 5:28 am

The West Virginia Department of Health and Human Resources (DHHR) unveiled a website for sharing information and updates specific to West Virginia about the H1N1 Flu also known as Swine Flu. The website has information for prevention, schools, businesses, parents and providers.The new West Virginia H1N1 (Swine) Flu Resource Center can be found at www.wvflu.org. The website also has includes a link to the federal Flu.Gov website with national information.Please spread the word about the new website (but don't spread the flu).
HIPAA Enforcement Meets HITECH: HIPAA Administrative Simplification: Enforcement Rule

2 Nov 2009 | 6:08 am

On October 30, 2009, the Secretary of the Department of Health and Human Services (HHS) issued the HIPAA Administrative Simplification: Enforcement Interim Final Rule, 45 CFR Part 160 (74 Federal Register 56123, October 30, 2009).This new rule was developed and adopted by HHS to conform the enforcement regulations under HIPAA to the revisions made to HIPAA under the Health Information Technology for Economic and Clinical Health Act (HITECH), which was part of the American Recovery and Reinvestment Act of 2009 (ARRA).The rule amends the HIPAA enforcement regulations to include the imposition…

LawBizBlog
There is no "I" in Team

3 Nov 2009 | 9:23 pm

Yesterday, a jury rendered a unanimous verdict in a very much watched criminal trial in Los Angeles Superior Court. This wasn't so spectacular as the O.J. Simpson trial, but to those involved, it was equally dramatic. The courtroom gallery was filled to capacity Monday as a jury of seven women and five men announced it had convicted former emergency room doctor Christopher Thomas Thompson of assaulting a pair of cyclists last year by abruptly stopping his car in front of them. The jury found that Dr. Thompson ignored the rules of his profession and allowed road rage against cyclists in…
Apprenticeship for Lawyers

3 Nov 2009 | 6:57 am

It’s always gratifying when one’s opinions receive outside support. Sometime ago, I wrote that law schools really don’t teach the day-to-day aspects of being a lawyer – interacting with clients and running a practice – because such skills are seen as too “trade-oriented.” That viewpoint was echoed in a Wall Street Journal column by Cameron Stracher, professor at the New York Law School. Stracher observed that law school students are “reading about the law rather than engaging in it,” with the result that “when they…
Competency of lawyers - Solo and otherwise

2 Nov 2009 | 10:06 am

It has been suggested that I was a bit harsh in asserting that sole practitioners are not competent. Far from that! Many sole practitioners are the leading experts in their practice area. In fact, most lawyers are sole practitioners, even those that find themselves in BigLaw environments. There are few law firms that are truly collegial in nature. Nor do I think that law school graduates leaving school to start their own practice immediately are necessarily incompetent. What is true, however, is that they are less competent than they will be a few years hence ... and generally they have few,…

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
Wrongful Convictions and Prosecutorial Immunity

4 Nov 2009 | 2:42 pm

The U.S. Supreme Court heard oral arguments this morning in a case centered on wrongful convictions and the issue of whether prosecutors are protected by absolute immunity, even when their misconduct extends beyond the courtroom. Two men filed a civil rights lawsuit against Iowa prosecutors who allegedly coerced false testimony and fabricated evidence to convict them of crimes they say they didn't commit. Prosecutors in the case have claimed that they are protected by absolute immunity, and have stated outright that there is no constitutional "right not to be framed." During…
Police Dogs and Unvalidated Forensics

4 Nov 2009 | 10:57 am

Two lawsuits being filed today in federal court allege that a Texas dog handler used unreliable methods to "justify police agencies' suspicions" and falsely accuse two men of crimes they didn't commit. The cases come as dog scent evidence - and "scent lineups" in particular (where dogs examine a group of scents including a suspect's) - are under fire in several states across the country. Testimony from dog handlers has played a role in at least three wrongful convictions overturned through DNA testing to date. It is one of the forensic disciplines used in American courtrooms despite a lack of…
Michigan Man Freed After Eight Years

3 Nov 2009 | 1:56 pm

Dwayne Provience was set free today in Detroit after serving eight years in prison for a murder he has always said he didn't commit.Attorneys and law students at the Michigan Innocence Clinic investigated the case and found police reports, never disclosed to defense attorneys, showing that another man may have committed the crime. Based on this evidence the state judge dismissed his conviction this morning and ordered Provience freed on bond. "I'm just so grateful," Provience said. "It's been so long and today is the day. Thank you. Thank you."..."It's already the Christmas holidays," said…

Charon QC
ARRIVEDERCI LONDRA!

charonqc

4 Nov 2009 | 4:01 pm

ARRIVEDERCI LONDRA! by Tonto Papadopoulos A grave and present threat looms on the horizon: one that could wilt the economic life of The City, London, the entire UK – maybe the World. You’ve heard it again and again, and you’ve been warned, “If banks don’t hand out billions in bonuses, talent will migrate!”… leaving tumbleweeds blowing down Moorgate, and the rest of Britain. Ladies and gentlemen, this is what’s known as ‘talking your own book’. Do groups like Goldman Sachs gee the market with purple commentary to try to make themselves and their…
Cameron sets out policy for Europe

charonqc

4 Nov 2009 | 11:55 am
Bar Council Launches It’s Your Call – A Career at the Bar

charonqc

3 Nov 2009 | 10:29 pm

Bar Council Launches It’s Your Call – A Career at the Bar (3 November 2009) The Bar Council has published the fourth annual edition of It’s Your Call, a guide for those interested in joining the Bar. The guide, published in collaboration with the Inns of Court, is the latest in a series of publications designed to inform the public and those interested in a career as a barrister.

Law.com - Newswire
Feds Implicate Troutman Sanders Real Estate Chair in $50 Million Kickback Scheme

A complaint filed by federal prosecutors in Boston alleges that Troutman Sanders real estate practice chair Leonard Grunstein participated in a scheme to accept $50 million in kickbacks from pharmaceutical vendor Omnicare in order to provide services to a nursing home company in which he and two other defendants are principals. The allegations were revealed when Omnicare agreed to pay $98 million to settle Justice Department allegations that it engaged in kickback schemes with nursing homes and drugmakers.
Bank of America's Top Lawyer Wasn't Licensed to Drive Merrill Deal

During several weeks last year, when crucial legal decisions affecting not only Bank of America shareholders but the nation's economic system were being made, the bank fired its GC and replaced him with Brian Moynihan, a business executive who hadn't practiced law in years and wasn't even actively licensed as a lawyer when he was named. Moynihan served as the bank's GC for only 37 days, but it was a critical time for BofA, which was smack in the middle of its controversial merger with Merrill Lynch.
Verizon Defeats Billion-Dollar ERISA Class Action Over Lawyer's Typo

We're betting that no one was more relieved by Verizon's defeat of a $1.67 billion ERISA class action than former Bell Atlantic in-house lawyer Barry Peters, who was responsible for the typographical error in the Bell Atlantic pension plan that was the basis of the class claims. A federal judge granted Verizon's request to order that the mistake be corrected as a harmless "scrivener's error." In an exhaustive 105-page ruling, he found that no evidence exists to suggest that any plan participant relied upon the error.

Peter Black's Freedom to Differ
Losing net neutrality

pete.black@gmail.com (Peter Black)

29 Oct 2009 | 12:13 am

Gizmodo shows us a worst case scenario of what could happen if we don't maintain net neutrality:
Inside Insiders

pete.black@gmail.com (Peter Black)

27 Oct 2009 | 6:27 pm

Every Sunday I've been posting a short weekly comment on Australian politics, following the ABC's Sunday morning political chat show, Insiders. Here is this week's podcast: Close readers, or listeners, will notice that I had been using a service called Audioboo to record and post these podcasts, however, I am now using ipadio. I explain why in this podcast:
Inside Insiders

pete.black@gmail.com (Peter Black)

27 Oct 2009 | 6:26 pm

Every Sunday I've been posting a short weekly comment on Australian politics, following the ABC's Sunday morning political chat show, Insiders. Here is this week's podcast:

taxgirl
Surprise! NJ Doesn’t Like High Taxes

Kelly

4 Nov 2009 | 4:33 am

Despite three campaign appearances by President Obama, Governor John Corzine lost his gubernatorial seat in New Jersey to GOP challenger Chris Christie last night. Exit polls showed that the top two concerns for New Jersey voters were the economy and the state’s high property taxes. How high are those property taxes? For the year 2008, New Jersey holds the distinction of the state with both the highest property taxes per capita and the worst business tax climate in the nation, according to the Tax Foundation (note: report will download as a pdf). New Jersey residents also ranked highest…
“Complexity of Tax Law” Not a Challenge for IRS?

Kelly

2 Nov 2009 | 5:22 pm

What challenges are the IRS facing this year? Apparently not the complexity of the Tax Code. The Treasury Inspector General for Tax Administration (TIGTA) released its perspective two weeks ago on the most serious management and performance challenges confronting the IRS. The top 10 challenges in order of priority are: Modernization; Security; Tax Compliance Initiatives; Implementing Tax Law Changes; Providing Quality Taxpayer Service Operations; Human Capital; Erroneous and Improper Payments and Credits; Globalization; Taxpayer Protection and Rights; and Leveraging Data to Improve Program…
IRS Claims 2 Out of 3 Taxpayers Now E-File

Kelly

2 Nov 2009 | 1:51 pm

And here’s their evidence: Of course more folks are e-filing. It’s fast, it’s easy. And with more folks than ever with internet and computer access, it’s to be expected. But. And you knew there would be a but. Here’s my cynical take… You’ll note fewer taxpayers filing generally, down a whopping 12 million this year. There’s a bump in 2008 – certainly attributable to the stimulus. Might it be the case – and I’m just saying – that folks have been encouraged to filing electronically in order to get money back a little…

Law.com - Legal Technology
Am Law Tech Survey 2009

Like a bad Hollywood thriller, law firm technology has a villain: the economic downturn. Budget constraints and demands for efficiency are forcing law firms -- not known for embracing cutting-edge gear or immature software -- to look for new, more nimble and cost-effective technologies.
Attorney-Client Privilege in Work E-Mails

Can employees retain attorney-client privilege for e-mails sent to their lawyers using employer-provided e-mail and computers? Attorney Anthony E. Davis seeks to reconcile apparently inconsistent decisions, and to aid in advising clients on avoiding the risks such communications pose.
E-Filing Case Prompts Recusal Motion

Facing a request to recuse the entire Fulton County superior and state court benches, the judge overseeing a potential class action challenging the Georgia county's LexisNexis File and Serve e-filing system has appointed a judge from another circuit to rule on the motion.

Law.com - Small Firm Business
Solo and Small Firm Attorneys Branch Out to Make Ends Meet

Lawyers have begun noticing some unfamiliar faces in their area of specialty. And given the state of the economy, they don't think it's a coincidence. They say solo practitioners and small firm lawyers have been forced to branch out in order to stay afloat financially during lean times. Yona Gregory is a solo attorney in Connecticut with a real estate law practice who has taken on more criminal defense work as housing values have plummeted. "I have seen a lot of solo real estate people in the criminal courts," she said.
Legal Malpractice Suit Dismissed Under N.J. Entire Controversy Doctrine

Pro se litigants are not entitled to greater rights than those with lawyers, a New Jersey appeals court said this week in affirming dismissal of a legal malpractice case under the state's entire controversy doctrine. The judges found that the claims raised in the instant case by the plaintiff -- who sued his lawyer three times, two of them pro se in a small claims action and probate action -- "were well within the penumbra of the factual matrix that was litigated to a conclusion" in a probate case in 2006.
Lunch Meetings Lead to New Job as Partner After Baby Break

Naomi Gray was an associate at Paul, Hastings, Janofsky & Walker when she took maternity leave more than a year ago. Not ready to return to the 2,000 billable-hour grind, she resigned at the end of March. Her return to work this month, to IP litigation firm Harvey Siskind as a partner, came as the result of good contacts and lucky timing. Gray says conversations with Lawrence Siskind, name partner at the six-lawyer firm, began informally over lunch at the start of the year.

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
How to Survive the Big Law Fight for Work

One of the side effects of lean economic times at Big Law is an increase in internal competition for work and hours, writes The Snark. In the boom times, there was more than enough work for all of Big Law's worker bees. But when the work gets slow, and everyone needs to fill their own billable-hour quotas, everyone starts scampering. The Snark addresses a couple of questions that Cogs wish they could ask, such as how to face a partner's wrath for answering a client's question while the partner was out.
Some Deferred Associates Take the Corporate Route

Interviews with law firm hiring partners, legal recruiters and career-services administrators indicate that very few deferred associates have managed to land in corporate positions. Companies, for their part, haven't jumped at the chance to hire inexperienced attorneys even though those attorneys would come (mostly) free of charge. But some deferred associates have found corporate placements, and those The American Lawyer spoke with were unanimous in their praise for the in-house experience.
Experts: Lower Associate Pay Is Here to Stay

Fifty-five percent of participants in a recent seminar on associate compensation said they believe that associate salary cuts are temporary. But Altman Weil consultants presenting the webinar said lower salaries are here to stay and are part of a "fundamental and profound reset" after two decades of "steady, sometimes spectacular growth" for the profession. Associate pay did not drop enough in the recent round of big law firm cuts and should have been restored to 1998 levels, said Altman Weil's James Cotterman.

Legal Blog Watch
Appeals Court Lawyer 'Traffics' in Term Papers

Robert J. Ambrogi

4 Nov 2009 | 11:51 am

In Massachusetts, as in 16 other states, it is against the law to sell a term paper. That was news to Damian Bonazzolli, a senior staff attorney for the Massachusetts Appeals Court. Bonazzolli advertised himself on Craigslist as available to write term papers for a fee, promising to deliver a "quality grade." In the current issue of the magazine CommonWealth, writer Colman M. Herman reports on the "shadowy underworld" of term paper trafficking. Posing as a student over a three-month period from July to September, I emailed a request for a 20-page, double-spaced term paper…
La-Z-Boy Calls in Lawyers, Calls Off Auction

Robert J. Ambrogi

4 Nov 2009 | 10:34 am

When last we left the notorious pimped-out, motorized La-Z-Boy whose driver had become the first person ever to be arrested for driving an easy chair while intoxicated, it was on course to be sold on eBay for somewhere north of $40,000. But when I checked back later in the day, the listing had disappeared. A quick query found a report on TMZ that La-Z-Boy had put the brakes on the auction. Well, now we know more, thanks to reports from Wired and Sphere, among other sources. Walter Wobig, the police chief in Proctor, Minn., whose department had seized the notorious chair and put it up for…
Her Disappearance Unsolved, Lawyer Declared Dead

Robert J. Ambrogi

4 Nov 2009 | 8:59 am

I have written several times here about the 2008 disappearance of Georgia lawyer Elizabeth Calvert and her husband John from their yacht docked at Hilton Head, S.C. (See prior posts here, here and here.) The couple was last seen on March 3, 2008, meeting with their accountant, Dennis Gerwing. They were reported missing the next day. A week later, after police identified Gerwing as a person of interest in the case, they found him dead in an apparent suicide. No trace of the Calverts was ever found. Now, a judge in DeKalb County, Ga., has declared them dead, the Hilton Head newspaper The Island…

UNDERDOG - JON KATZ, MARYLAND & VIRGINIA Criminal Defense Lawyer
If anti-abortion centers want to lure those wanting abortions, they may do so.

3 Nov 2009 | 9:00 pm

Bill of Rights. (From the public domain.) Everyone supports free expression that they agree with. However, if we want our own speech rights protected, we must support robust free expression rights for all, even for expression that makes us heave, hurl, and heave some more. Much speech is deceptive. I remember being more than irritated bothering to show up at a law school afternoon "happy hour" only to learn that there was ice cream and no beer. If the organizers wanted to make a point that alcohol was not needed for happiness, they could have said so in the announcement…
When may a court order a criminal defendant drugged to be competent to stand trial?

2 Nov 2009 | 9:00 pm

Bill of Rights. (From the public domain.) When may a court order a criminal defendant drugged to be competent to stand trial? In the Fourth Circuit, the prosecution must justify such an order by clear and convincing evidence. U.S. v. Barbara Michelle Bush, __ F.3d _ (Oct. 29, 2009). Jon Katz

The Legal Satyricon
Wonderful Things

marcorandazza

4 Nov 2009 | 4:26 pm

Science fact of the day: Blowjobs provide an evolutionary advantage. Boingboing. Quote of the day: “The First Amendment means nothing if we don’t protect reprehensible speech.” Jon Katz. Posted in misc
I shaved my balls for this?

marcorandazza

4 Nov 2009 | 11:43 am

ell, that was fast. This lawsuit got filed, and before I got to have any real fun with it… the Above the Law Lawsuit was dismissed. I got to write one measly letter. Shame… I was really hoping to open up this can of whup ass I have lying around. Now what am I gonna [...]
Shame on Maine

marcorandazza

4 Nov 2009 | 6:16 am

Maine’s citizens have voted to repeal the civil rights of their neighbors. Shame on Maine. Posted in discrimination

CalLaw.com
Court Looks for Line on Recusals

The state justices suggest that a judge need not remain recused from a matter forever. "When the basis for recusal is gone," said Justice Marvin Baxter, "I believe it's a violation of ethics for the judge to continue recusal."
SEC Throws Weight at Hedge Funds

With backdating all but a thing of the past, the SEC has made hedge funds a target, with an aggressive eye on insider trading. That's what's gonna keep white-collar lawyers busy for the next while.
Expect Marriage Case to Stay Two-Party Affair

Ninth Circuit Judge Pamela Rymer and two colleagues seemed unswayed by a would-be intervenor in Prop 8 litigation.

Chicago IP Litigation Blog
IP for Your Business: Reducing Patent Litigation Budgets

4 Nov 2009 | 2:33 am

I recently started writing a column for the Southeast Texas Record, and its sister publications the West Virginia Record and the Madison (Illinois) Record. The column is titled "IP for Your Business" and focuses on IP issues faced by businesses of all sizes. The columns are not Chicago-specific, but I will post them here anyway, and with the Record's permission I will post them on the Blog because many Blog readers will find it valuable to have articles addressing bedrock IP issues, as well as how to deal with real world IP issues with a special emphasis on…
Court Not Required to Review Accused Products During Claim Construction

2 Nov 2009 | 2:21 am

SP Techs., LLC v. Garmin Int’l, Inc., No. 08 C 3248, Slip Op. (N.D. Ill. Oct. 9, 2009) (Pallmeyer, J.). Judge Pallmeyer construed the claims of plaintiff SP Technologies' (“SPT”) patent to a method for inputting data on a touch-screen display using a keyboard that cannot be resized, moved or closed by a user. As an initial matter, the Court noted that, contrary to SPT’s argument, the Court was not required to consider the accused products when construing the claims. Instead, the Court had discretion to consider the accused devices. And because the…
Loyola Chicago's IP Day in Chicago

30 Oct 2009 | 10:01 am

Loyola University's and the Chicago Intellectual Property Alliance's annual IP Day In Chicago is next week, Tuesday, November 3 at the law school, 25 East Pearson Street in Chicago. This is a do not miss event every year. This year's program includes a keynote speech by the Northern District of Illinois's Judge Kennelly and impressive panels discussing topics including the new proposed generic top-level domains and protecting patents and trade secrets and policing false advertising. Click here for a brochure with more details and registration information.

Ohio Employer's Law Blog
Context is key in employment cases

Jon Hyman

4 Nov 2009 | 6:23 am

The Phillies stand on the precipice of elimination as they head into Game 6 tonight. And, if Pedro Martinez can turn back the clock 10 years for one more start, the Phils’s likely Game 7 starter, Cole Hamels, has some ’splainin’ to do. After the Game 4 loss, Hamels, who has failed to live up to the successes of his 2008 campaign, was quoted as follows: “I can't wait for it to end. It’s been mentally draining. It’s one of those things where, a year in, you just can’t wait for a fresh start.” What’s missing from all of the press coverage lambasting Cole for quitting on his…
Do you know? Promissory estoppel versus at-will employment

Jon Hyman

3 Nov 2009 | 5:52 am

In Ohio, the default rule governing employment relationships is employment at-will. Under at-will employment, unless otherwise agreed, either the employer or the employee can terminate the employment relationship at any time and for any reason. Promissory estoppel is one exception to the general rule of at-will employment. It is defined as “a promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the…
Million dollar verdict underscores the dangers of retaliation claims

Jon Hyman

2 Nov 2009 | 8:07 am

Antonia Susel claimed that her employer, Dix & Eaton, fired her after she alleged that her boss wanted to replace her with a man nearly half her age. Ms. Susel pursued numerous claims, included age and gender discrimination. Last week, a Cuyahoga County jury ruled in favor of Dix & Eaton on four of the five claims. The sole count on which Ms. Susel won – retaliation – brought with it a $1,032,000 verdict. Even though Dix & Eaton replaced Ms. Susel (age 59) by a 32-year-old man after she informed her boss that she did not intend to retire until age 66, the jury did not believe…

Law Vibe
ReachWorks SecureVend Makes Second Life DRM: Can It Stop Content Theft?

C. C.

4 Nov 2009 | 1:12 pm

A post on the Second Life blog Shopping Cart Disco pointed me to a new vendor system that hope to be able to stop a large part of the content theft and copyright infringement in its tracks. The new system, entitled ReachWorks SecureVend, changes the way people buy goods in game and makes it more difficult to simply copy goods out of stores rather than purchasing them. The idea is actually pretty ingenious and very simple. Rather than putting the objects in the stores, they are instead stored in a secure location with limited access. The store only contains a series of scripts to handle the…
Top 5 Tips For Dealing Successfully With Police Officers

C. C.

23 Oct 2009 | 12:39 pm

I have had more opportunities to deal with police officers than most people, both as a collaborator on certain justice initiatives, as an adversary defending clients, and as a motorist with a penchant for fast cars. I also have several friends “on the job” (I’ve been watching Law & Order, yo) with whom I’ve had many interesting conversations about policing, justice, and civil rights. They might call me a sleazebag who works to keep criminals on the street, and I might call them unwitting tools of an oppressive state, but at the end of the day we have a mutual respect and…
Invasion of Privacy With a Hidden Camera: Employer and Employee Law

C. C.

5 Oct 2009 | 2:11 pm

Hoping to capture an evening intruder who surfed the Internet and viewed pornography on a work computer, a company installed a hidden camera to monitor the computer. The hidden camera was not turned on during the day when the employees were present – just at night in the hopes of catching the culprit. The employees, however, spotted a flashing red light on the camera during the day, discovered the camera and then sued for invasion of privacy. The employer had not disclosed to the daytime workers that it had installed the hidden camera pointed at the employees’ computers. The…

Mediation Channel
From the archives: Mediation Channel classics for November

Diane Levin

4 Nov 2009 | 10:25 am

At the start of each month, I highlight some selected posts from prior years. November’s trip in the wayback machine yields these articles: November 2008 To err is human: how do we keep our feet out of our mouths in the first place? Testing for negotiation skills, creativity: an LSAT for the 21st century November 2007 Lawyers, Pakistan and democracy: is it time for a Nobel Prize in law? Myth or fact: are attorneys the best mediators? How to turn a simple misunderstanding into all-out war: a mediator’s advice In weighing the Uniform Mediation Act, Massachusetts mediators may be…
A look in the mirror: seeking self-awareness

Diane Levin

2 Nov 2009 | 1:13 pm

Conflict resolution work can be demanding, asking much of those who practice it. Among other qualities, practitioners must ideally bring to the table an openness and curiosity to learn more about how others see and experience the world; respect and compassion; the humility to acknowledge an error and express regret for an unintended outcome; and the willingness to remain alert for their own cognitive errors and biases. These attributes flow from the capacity for self-awareness — a quality that requires eternal vigilance and constant practice. (I cheerfully admit that I’m a slow…
Justice for all: battling bias in the courts

Diane Levin

2 Nov 2009 | 11:48 am

Bias does its greatest damage undetected, operating beneath the radar of our awareness or even contrary to our conscious intentions. Bias can be costly, imposing what researchers have described as a “stereotype tax“, affecting everything from negotiating to hiring decisions. Unconscious bias can exclude qualified people from jobs or educational opportunities. Because of biases and assumptions about their counterpart on the other side of the table, negotiators are more likely to leave value on the table. Bias is pervasive. It can be found where it is least welcomed, even in…

Settle It Now Negotiation Blog
Mediation Advocacy: The Power of the Story

4 Nov 2009 | 9:41 am

I've been accused of Kumbaya here (ask some of my litigation opponents if you want to check out the truth of that particular canard). It's true that in addition to position-based competitive negotiation strategy and tactics in my mediation practice, I also facilitate what I believe to be the far more effective interest-based collaborative negotiation model, aimed at creating greater "deal" opportunities and avoiding mediation's bad reputation for splitting the baby in half (heard in the hallway: "anyone can divide by two"). In addition to encouraging parties to…
It's Not You, It's Me-diation: the Dim View from Across the Pond

4 Nov 2009 | 8:47 am

Thanks to Diane Levin of The Mediation Channel for passing along Six things I'd Change about Mediation from the U.K.'s Mediator Magazine. At present, if the total number of civil mediations were shared out evenly among accredited mediators, on average, mediators would manage fewer than one mediation a year. Astonishingly, there are now half as many mediators as there are independent barristers in the UK. Even so, training organisations proliferate - and are encouraged to do so - and more mediators are accredited each week. Let's be clear: this is a scandal. If 3% of trained and…
Negotiating Gender, a History: When You Wish Upon a Star

29 Oct 2009 | 7:59 pm

From Letters of Note.

idealawg
More mindfulness events for lawyers and law students, including an ethics course incorporating mindfulness

StephanieWestAllen

4 Nov 2009 | 1:35 pm

Mindfulness continues to enter the legal profession through many doors. Earlier this school year, I told you about the U of Miami School of Law's eight-week program on contemplative practices. The Florida Bar News just published an article about that program. From "Mindfulness program aims to help law students live in the moment":To be an effective law student or lawyer, it is important to be able to focus on the task at hand. Obsessing about the past or worrying about the future can diminish that focus and dilute effectiveness.That’s one reason the University of Miami has…
Glad to see one of my favorite books of the year made Amazon's list of top 10 business books of 2009

StephanieWestAllen

2 Nov 2009 | 3:16 pm

I am not surprised that Winifred Gallagher's Rapt: Attention and the Focused Life made this list of top business books for the year. Several people have thanked me for recommending it to them. Have you read Rapt yet?My blog posts about the book: A tight grip on your mental flashlight is the deciding skill in conflict resolution (Brains on Purpose™) Blog Glob - Pay Attention: Simple Ways To Stay Focused (idealawg) New book helps you increase your focused attention and tells you why you'd want to (idealawg)
Blog Glob: "Women with male names do better in legal careers: study"

StephanieWestAllen

2 Nov 2009 | 7:31 am

Excerpt:What's in a name? A lot if you're seeking a legal career, with a U.S. study finding that women with male names are more successful lawyers and judges than those with more traditional, feminine names.The study, led by economist Bentley Coffey of Clemson University in South Carolina, looked at the relationship between a person's success in the legal profession, and their ultimately becoming a judge, and how masculine their name is.The study found by hypothesizing and using a series of equations that a female "Cameron" is about three times more likely to become a…

Conflict Zen
Surviving and thriving during job loss and other major change

Tammy Lenski

23 Oct 2009 | 6:55 am

Blame is oh so tempting, however. One of the things I’ve noticed that people do when some difficult change hits is to ask, “Why is this happening? It’s got to be someone’s fault.” We don’t want it to be ours, so we find someone else to pin it on: “Oh, it’s Mary’s fault, not mine, so I can feel a bit better about the fix we’re in.” It makes us feel more in control to have a why that’s not us. But finger-pointing has unintended consequences that are worth understanding. So notes change expert M.J. Ryan in her timely new…
The camel conundrum and the art of creative problem solving

Tammy Lenski

13 Oct 2009 | 10:36 am

Jay Rothman, author of Resolving Identity-Based Conflict in Nations, Organizations, and Communities (Amazon link) tells this story: A Middle Eastern man died, leaving 17 camels to his three sons. The first son was to receive 1/2, the second son was to receive 1/3, and the third son was to receive 1/9. They were unable to figure out how to divide the camels fairly. After arguing among themselves, they consulted a wise old woman for a solution to this difficult problem. She offered to lend them her one camel. Of the now 18 camels, the first son took 9, the second took 6, and the third son took…
In workplace conflict, don’t mistake your experience for reality

Tammy Lenski

9 Oct 2009 | 9:09 am

Overheard in the grocery shopping line at the end of a workday: Woman 1 to Woman 2: You wear red a lot, you know that? Woman 2: No, I don’t. Woman 1: Sure you do! Woman 2: No. I. Don’t. I only have two red suits and I only wear them every few weeks. Woman 1: Well, I must notice you wearing them on those days, I guess. I loved this conversation because I hear versions of it all the time – usually a tad more tense, though – in workplace mediations. Woman 1 made a classic perceptual mistake: She confused her experience of a person with the totality of that person (or in…

Gini Nelson's Engaging Conflicts
Been Kissing Too Many Frogs? Not Enough Princes (or Princesses)? What Are Some of These Social Networks on the Internet? –EngagingConflicts.com

Gini

26 Oct 2009 | 4:17 pm

Does your website excite you?
“Perceptions and Stories”, “Heuristics and Biases at the Bargaining Table”, and “Psychology and Persuasion” — EngagingConflicts.com

Gini

13 Oct 2009 | 10:04 am

I’m reviewing The Negotiator’s Fieldbook: The Desk Reference for the Experienced Negotiator, Christopher Honeyman & Andrea Kupfer Schneider, Editors (ABA 2006), through the rest of 2007 and into 2008 (it has 80 chapters, more than 700 pages of substantive text, and something for everyone, from novice to expert!). I’m reviewing the book because it’s hot, [...]
Ramit’s IWIllTeachYouToBeRich.com Series — Tip #30 — How I’m saving $20,000+ in 2009

Gini

11 May 2009 | 6:00 am

This is a link to a series on what will be a new theme here at Engaging Conflicts — Financial Distress. I’m doing this particular set over at my Bankruptcy Law Blog, reviewing Ramit Sethi’s tips for saving money. Sethi discusses the various ways we can keep money in our pockets at his blog IWillTeachYouToBeRich.com. [...]

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
Massachusetts Finally Finalizes Data Security Regulations - We Think

2 Nov 2009 | 6:16 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 | 9:45 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…
Who Cares If A List of Email Addresses Gets Stolen?

30 Oct 2009 | 8:34 pm

A typical corporate data security policy classifies consumer contact information as confidential, but not “highly confidential” or “sensitive.” Should mere contact information be afforded greater protection? One case on point has dragged on since late 2007, when Ameritrade reported that a database of its customers’ contact information (including names, physical addresses, email addresses and phone numbers) had been compromised. A class action law suit quickly followed, and the third settlement attempt was rejected just recently by the court on the grounds…

Lawyers, Guns and Money
Game 6: Let's Open Some Thread Here

Scott Lemieux

4 Nov 2009 | 4:10 pm

Surely, even we opponents of the death penalty can agree that the rack should be brought back for any Yankee fan whining over how it's been nine long years since their last championship....I believe it was Aristotle who said, "if you find yourself with Chad Durbin on the mound in the 5th inning, you might as well just go home and put the game out of its misery."...Gutty effort by the Flames to get the 2 points in Dallas even if they benefited from a blown call in OT, and...wait, is there another game on somewhere?
Wingnuts hand seat to Democrat, Republican leaders apologize for trying to stop them

djw

4 Nov 2009 | 3:05 pm

In today's "Newt Gingrich Letter", a publication that occasionally appears uninvited in my inbox:In retrospect it is clear Dede Scozzafava should never have been nominated because she was far too liberal to be acceptable. Republican leaders in New York must recognize that Mike Long and the Conservative Party in that state have to be consulted before decisions are made. The national conservative movement is a force that has to be recognized and respected.
Tea-V-Parties

SEK

4 Nov 2009 | 1:49 pm

It must have been difficult to be a conservative last night. On the one hand, you threw your muscle behind your perfect candidate and he lost a district which last went Democratic back before the Half-Breeds and the Stalwarts fought for control of the GOP; on the other, you got a television show made especially for you! The remake of V is an exercise in allegorical drift-correction: the original series was supposed to be based on Sinclair Lewis's novel about creeping government fascism, which was itself an allegory about demagogic dangers posed by the likes of Huey Long and Father Coughlin,…

Avvo Blog
What the Internet Will Look Like in 5 Years

Nick

3 Nov 2009 | 10:54 am

What the Internet will look like in 5 years (and what lawyers should do now to prepare) Google CEO, Eric Schmidt, recently gave his predictions about what the Web will look like in 5 years. Because of the venue much of the conversation revolved around enterprise solutions, but around the 23 minute mark he discusses the Internet in general. ReadWriteWeb.com has written up some good highlights: - Five years from now the internet will be dominated by Chinese-language content. - Today’s teenagers are the model of how the web will work in five years – they jump from app to app to app…
Avvo Launches in Virginia!

Mark Britton, CEO

2 Nov 2009 | 10:25 am

It’s been awhile since we have launched a new state, so I am very excited to announce that today Avvo launched in Virginia. Virginia holds a special place in my heart because it was the first state (excuse me, “Commonwealth”) where I was licensed to practice law. A couple of thoughts about Virginia and our launch: 1. With this launch, Avvo now rates and profiles 90% of the lawyers in the United States. We will have more states coming in the next couple of months which should push this to around 95%. Very exciting for all of us here at Avvo! 2. The Virginia Bar was a gem in helping us…
Avvo Florida Tour Recap

Mark Britton, CEO

2 Nov 2009 | 6:45 am

I write this on my flight back home to rainy Seattle after a week in tropical Florida. Man, was it hot . . . and muggy. Whenever, I pointed this out to a Floridian, he or she would say “This is nice – you should see summer.” I don’t think I should see summer. I’m not sure my Northwest cooling system is built for it. I left D.C. for a reason. That being said, our week in Florida was immensely enjoyable. We had the pleasure of presenting in Miami, Palm Beach, Tampa and Orlando; and, as always, I was humbled by the turn-out combined with the intense interest in and/or appreciation for…

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
Auto and Vehicle Recall Update

4 Nov 2009 | 6:40 pm

The Office of Defects Investigation recently sent notices of the following safety defect recalls:Chrysler and Dodge Recall: 2009-10 Chrysler 300, Dodge Challenger and Dodge Charger recalled for a front wheel spindle nut defect. These vehicles may have been built without a front wheel spindle nut.GM, Chevrolet, Pontiac and Saturn Recall: 2006-07 Chevy Cobalt, Pontiac G5 and Saturn Ion recalled for a fuel pump module defect. The plastic supply or return port on the modular reservoir assembly may crack. If either of these ports develops a crack, fuel will leak from the area. If the crack becomes…
Do I need an Attorney to defend my Criminal case

4 Nov 2009 | 5:26 pm

A defendant may defend his or her own case, but retaining an experienced NJ criminal defense attorney can be invaluable, particularly when the case involves more than a minor infraction. Criminal defense law can be confusing, and the state usually is well prepared to prosecute its cases. Besides simply presenting a defense, criminal defense lawyers are adept at negotiating for a lesser charge or punishment and at positioning cases for appeal, both of which can be important in resolving a case.There are different types of offenses in the state of New Jersey for which a criminal may be tried in…

Connecticut Employment Law Blog
Prediction Revisited: Paid Sick Leave Bill Appears at Congressional Level -- as Response to H1N1 Flu

4 Nov 2009 | 10:15 am

Way way back on April 28th of this year, I wrote a simple post entitled "Paid Sick Leave Bill Moves Forward; Will Swine Flu Be Tipping Point"? Back then, the Connecticut General Assembly was debating a Paid Sick Leave bill and one of the groups supporting the measure used the swine flu (H1N1) outbreak as a reason why the measure should pass. Ultimately it did not, but I discussed why using that particular illness as a reason for a paid sick leave bill would be a bad idea. (And, it should be noted, I pointed out that there were a number of good arguments why it should be passed;…
Connecticut Dept. of Labor Producing Series of Employer Education Breakfast Seminars

3 Nov 2009 | 10:57 am

The Connecticut Department of Labor recently announced a new series of seminars for employers on a variety of the "basics" of Connecticut employment law. They will be held on : November 13, 2009 - Introduction to Employment Law December 11, 2009 - Complying with Connecticut Drug Testing Laws January 8, 2010 - Complying with Connecticut's Family & Medical Leave Act February 5, 2010 - The Essentials of Connecticut Wage and Hour Law March 12, 2010 - Unemployment Insurance 101 The cost of each seminar is just $25 and the programs run for about 2 hours. You can find all…
New Postings Required for Employers Effective November 21, 2009

30 Oct 2009 | 6:57 am

Keeping track of workplace posters is assuredly one of the most mundane aspects for a human resources department but for the next few weeks, perhaps it'll get a little more exciting. For the first time in a while, employers that are covered by federal anti-discrimination laws (typically 15 or more employees) will need to update their posters to address two new laws. The ADA Amendments Act and the Genetic Information Non-discrimination Act (GINA). Because of this, the EEOC has updated its mandatory posting (which is available on its website). Employers can either supplement…

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
MoneyGram Scam and Gate Keeper Liability

bizop

3 Nov 2009 | 9:42 am

MoneyGram International, Inc., the second-largest money transfer service in the United States, will pay $18 million in consumer redress to settle FTC charges that the company allowed its money transfer system to be used by fraudulent telemarketers to bilk U.S. consumers out of tens of millions of dollars. MoneyGram also will be required to implement a comprehensive anti-fraud and agent-monitoring program. The FTC charged that between 2004 and 2008, MoneyGram agents helped fraudulent telemarketers and other con artists who tricked U.S. consumers into wiring more than $84 million within the…
Avoid Responsibility and Live Better

bizop

2 Nov 2009 | 5:34 am

"When you can blame someone else (or the gods of spite, chance and bad luck) it's emotionally safer than it is to acknowledge you made a lousy choice.If the weather is freakishly bad on your vacation, you can embrace pity from your friends, and spend your angst cursing the storms.On the other hand, if you book a trip in the middle of hurricane season, you've got no one to blame but yourself." Seth Godin on ResponsibilityAcknowledging that you made a mistake challenges your sense of identity. I could not have bought this ridiculous business opportunity because I am not a foolish…
The Franchise Wars: Apple v Windows

bizop

22 Oct 2009 | 9:03 am

Image via WikipediaIn the franchise war between Apple and Windows, I am a Mac fan. I wasn't always a Mac guy, I used a PC from the earlier 1980's up until 1997. I still have the second Mac I ever bought, a Power Mac 7300. It runs some games, and old teaching programs for our small children. Mostly, however, they use a very old G3 Beige Tower for games and teaching programs. Don't get the wrong idea, I do work on PC's and have a couple of them lying around, running the latest version of XP. But the machines are over 8 years olds, and I was looking to replace them, probably with the latest…

JD Supra Hot Docs - Newsworthy Legal Filings From the Source
In Re NSA Telecommunications Records Litigation (this document relates to Shubert v. USA): Government Defendants' Notice of Renewed Motion to Dismiss and For Summary Judgment and Memorandum in Support

Electronic Frontier Foundation

4 Nov 2009 | 8:27 am

Case Name: In Re NSA Telecommunications Records Litigation (this document relates to Shubert v. USA) Document Name: Government Defendants' Notice of Renewed Motion to Dismiss and For Summary Judgment and Memorandum in Support Post Date: 11/04/2009 Filing Date: 10/30/2009 Document Summary: This case is a class action alleging wholesale dragnet surveillance of ordinary Americans.Please see full brief below for more information. Contributor: Electronic Frontier Foundation [Full Profile | Docs Posted]
IN RE VICTOR DEL RIO: PETITION FOR IMMEDIATE RELIEF - STATE ACTION

Victor Del Rio

3 Nov 2009 | 10:42 am

Case Name: IN RE VICTOR DEL RIO Document Name: PETITION FOR IMMEDIATE RELIEF - STATE ACTION Post Date: 11/03/2009 Filing Date: 11/02/2009 Document Summary: CONSPIRACY INVOLVING ATTORNEY GENERAL, ABUSE OF POWER, DISCRIMINATION. Contributor: Victor Del Rio [Full Profile | Docs Posted]
In re CIT Group Inc.: Chapter 11 Voluntary Petition

Randall Reese

1 Nov 2009 | 5:06 am

Case Name: In re CIT Group Inc. Document Name: Chapter 11 Voluntary Petition Post Date: 11/01/2009 Filing Date: 11/01/2009 Document Summary: On Sunday afternoon, CIT Group Inc. filed a voluntary chapter 11 petition in the United States Bankruptcy Court for the Southern District of New York. The company's press release announcing the filing discussed the company's plans for a quick, prepackaged bankruptcy:"NEW YORK--(BUSINESS WIRE)--CIT Group Inc. (NYSE: CIT), a leading provider of financing to small businesses and middle market companies, today announced that, with the…

Special Education Law Blog
Charter Schools & Special Education: A New Article by Professor Weber Part I

Jim Gerl

3 Nov 2009 | 6:05 am

Have you ever wondered about how the special education laws apply to students in a charter school? We tend to think of charter schools as things existing outside of the educational system. Some tell me that they are a curse; others say that they are a panacea. I suspect that the jury is still out.Image via WikipediaBack to the question of special education and the charter school, this is an area that gets people worked up sometimes. I'm going to cite an excellent law review article that might answer all your questions: Weber, Mark C., Special Education from the (Damp) Ground Up: Children with…
Last Day to Vote on Our Poll; Tech Update

Jim Gerl

31 Oct 2009 | 6:31 am

This is the last day to vote on our poll. The current question is In this tough economy, should cost/expense be a defense in a special education case. No leads Yes 43 to 17 with 7 maybes and 2 too poor to vote. This is not a scientific poll. Nonetheless, be sure to make your voice heard. Vote today before the polls close.The tech news is good. The most recent blog post was done by cellphone, and it was flawless. You can listen to my enunciation by clicking of the link to Jott. Unfortunately the corresponding Twitter mini-post got mangled. It was supposed to say "Musings of a special ed…
Mediation feels better....

Jim Gerl

29 Oct 2009 | 12:31 pm

Mediation feels better. I don't know about the participants but being a Mediator feels better than being a hearing officer. listenPowered by Jott------- Thanks for subscribing! Jim Gerl

Drug Injury Watch
Diabetes Drug Byetta Linked To Kidney Problems And Cases Of Renal Failure

Tom Lamb

3 Nov 2009 | 2:35 pm

October 2009 Byetta Label Change Follows Earlier Alert From U.K. About Kidney-Related Side Effects (Posted by Tom Lamb at DrugInjuryWatch.com In March 2009 the Drug Safety Update Newsletter alerted us about reports of kidney-related side effects associated with the use of the diabetes drug Byetta (exenatide) from the U.K. About eight months later, in early November 2009, the FDA informed doctors and other healthcare providers in the U.S. that it had approved revisions to the Byetta package insert, or label, so that it will now include information about numerous post-marketing reports of…
FDA Should Make Drug Efficacy And Safety Information More Accessible To Patients

Tom Lamb

27 Oct 2009 | 1:40 pm

Package Inserts Prepared By Drug Companies Which Exagerrate Benefits And Downplay Risks Need To Be Addressed (Posted by Tom Lamb at DrugInjuryWatch.com In the October 21, 2009 edition of The New England Journal of Medicine (NEJM) there is a Perspective piece, “Lost in Transmission — FDA Drug Information That Never Reaches Clinicians”, by Lisa M. Schwartz, M.D., and Steven Woloshin, M.D., that will ring true with most patients who have used prescription drugs. From that NEJM editorial, two of the primary points raised by the authors are: “Much critical information that the Food and…
Yasmin And Yaz Birth Control Pills Are Under Scrutiny By Drug Regulators In Europe

Tom Lamb

22 Oct 2009 | 2:26 pm

Bayer Confirms To German Newspaper There Are 129 Yasmin / Yaz Lawsuits In U.S. As Of Mid-October 2009 (Posted by Tom Lamb at DrugInjuryWatch.com From an October 21, 2009 article, "Bayer under pressure as birth control pills linked to blood clots", published by the German newspaper Deutsche Welle, we learn that the popular birth control pills Yasmin and Yaz have come under scrutiny in Europe as well as in the United States. As reported here previously, Swissmedic is analyzing the safety of Yaz and other drospirenone-containing contraceptives following the death of 21-year old woman in…

Bankruptcy Blog
Filing Chapter 13 Bankruptcy in Nebraska

admin

4 Nov 2009 | 5:00 am

Many people will not qualify to file Chapter 7 Bankruptcy and others have assets that they do not want to liquidate. Filing Chapter 13 Bankruptcy may be another option.. Chapter 13 Bankruptcy will not immediately discharge your debt, but will instead, allow you to create a 3 to 5 year bankruptcy plan to repay all or a portion of your personal debt. Many times the debt repayment schedule may have more favorable debt repayment options. At the end of the bankruptcy repayment schedule, if you have made all the necessary payments, your qualifying debt will be discharged. The first step in Chapter…
Filing Chapter 7 Bankruptcy In Nebraska

admin

3 Nov 2009 | 5:35 am

Most people who file bankruptcy, file Chapter 7 Bankruptcy. Chapter 7 Bankruptcy is available for corporations, partnerships, individuals and couples. It is the quickest, easiest and least expensive type of bankruptcy. Chapter 7 Bankruptcy will allow you to discharge most of your unsecure debt. The first step in the bankruptcy process is to contact a Nebraska Bankruptcy Lawyer. Your bankruptcy attorney will determine if you qualify for Chapter 7 or Chapter 13 Bankruptcy. If you can file chapter 7 Bankruptcy, your Nebraska Bankruptcy Attorney will submit you bankruptcy petition and a statement…
CIT Bankruptcy Could Cause Problems For Small Businesses

rob

2 Nov 2009 | 11:26 am

Over the weekend CIT Group filed for bankruptcy protection in an attempt to cut $10 billion in debt from its balance sheets. Economists say that the bankruptcy, which is the fifth largest ever filed in the United States, could impact small businesses across the country who have relied on CIT as a source of credit. Many say the key to the commercial lender surviving its stay in bankruptcy court will be its ability to retain clients. One competitor has told the Wall Street Journal that it has already picked up several of the firms clients and that more keep coming. In a pre-arranged deal…

Higgins and Associates
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 ...
Tarrant County Foreclosures Up 35 Percent

A report in the Fort Worth Star-Telegram says that the number of homes posted for the November foreclosure sale in Tarrant County is up 35 percent from November 2008. Just over 1,800 homes are set to be auctioned on the courthouse steps Tuesday, November 3, according to Foreclosure Listing Service in ...

Asbestos HUB
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…
On The Other Side Of Mesothelioma: A Doctor’s Story Of His Own Diagnosis

Thomas J. Lamb at AsbestosHUB.com

20 Oct 2009 | 6:55 am

As healthcare professionals, doctors have a particular point of view when it comes to their patients. They have their routines for delivering bad news and treatment. Yet, there comes a time that doctors must become patients. As doctors, they have the unique position of caregiver and cared-for. When they are treated by colleagues they have a primacy of perspective that gives them an advantageous viewpoint through which to analyze healthcare professionals. They can see how the manner with which patients are dealt may not be effective or even humane. In a sobering account of one doctor’s…

Lowering the Bar
So Long, Guy Who Refused to Marry Interracial Couple

Kevin

4 Nov 2009 | 5:30 am

"I do hereby resign," began the only sentence anybody was interested in hearing out of Keith Bardwell, who until November 3 had been Justice of the Peace for the Eighth Ward of Tangipahoa Parish, Louisiana. Everybody has been calling for him to get out of the justicing business since early October, when he refused to sign a couple's marriage license because one is white and the other is black.No matter where you practice law or what kind of law it is, it's probably a good idea to take a look at the case reports at least once a decade, because the law, it do change occasionally. Race-based…
"Air Zaidi" Shoe Is Top Seller in Bangladesh

Kevin

3 Nov 2009 | 5:00 am

It isn't really called "Air Zaidi," but it is damn popular in Bangladesh, apparently. The "Zaidi shoe," a black and brown lace-up named after the guy who threw similar footwear at former President George W. Bush in 2008, is apparently all the rage in the city of Sylhet.Sylhet, which as you know is in northeastern Bangladesh just a short drive from Fenchuganj, is a marvelous vacation spot where, according to Wikipedia, almost 15% of the city's restaurants are sufficiently hygienic to be fit for the public. The magic shoes will come in handy during the monsoon season, when Sylhet gets most…
Halloween Breathalyzer Costume Results in What I Believe to Be Irony

Kevin

2 Nov 2009 | 2:41 pm

As we learned from Alanis Morrisette, irony is a tricky concept, so I have looked up the definition: irony, n. 1. A figure of speech in which the intended meaning is the opposite of that expressed by the words used; usually taking the form of sarcasm or ridicule in which laudatory expressions are used to imply condemnation or contempt. 2. fig. A condition of affairs or events of a character opposite to what was, or might naturally be, expected; a contradictory outcome of events as if in mockery of the promise and fitness of things. Oxford English Dictionary (2d ed. 1989). So, if one who…

Dallas Criminal Defense Lawyer Blog
The Right To Skype The Witnesses Against You?- Dallas Court of Appeals Case of the Day

Robert Guest

20 Oct 2009 | 7:03 pm

"In all criminal prosecutions, the accused shall enjoy the right... to be confronted with the witnesses against him" 6th Amendment- US Constitution You know what I don't use. A web cam. I've never installed one at my office or home. My macbook has one built in but it's always off. I'm not sure I want the entire internet staring at me while I type in my pajamas. This bring me to our case of the day. What happens when a State's witness doesn't want to appear in person? Case- Acevedo vs. State- Facts- Acevedo was found guilty of murder. One witness, his sister, lived in Chicago and testified via…
Hope and Change- It's a start

Robert Guest

20 Oct 2009 | 6:39 pm

Wow. It only took nine months but Barack Obama actually moved to limit federal power and increase State's rights. When Texas finally passes our MM laws (I'm guessing around 2109 after the other 49 states legalize), then our fellow Texans MM patients will not have to live in fear of federal, or state prosecution. The most bizarre response to this common sense move is from Bryan Fischer at GOP.com.. Mr. Fischer argues that it's unconstitutional for the President NOT to order prosecution MM patients who comply with State law? Frankly, it is unacceptable for a president to pick and choose which…
CCA continues assault on right to counsel- Hughen vs. State

Robert Guest

7 Oct 2009 | 10:56 am

Remember the right to counsel? In simpler times if you were in custody and asked for an attorney, the police had to wait for counsel to arrive before beggining their good cop/bad cop routine. Such antiquated rights like the 6th Amendment and Article 1 Section of the Texas Constitution are are being replaced with exciting new rights; like the right to be executed for an arson you didn't commit based on junk science. Today's Court of Criminal Appeals Case of the day is.... Hughen v. State- Facts- Hughen was arrested and charged with agg assault and attempted murder. Hughen was taken before a…

ElderLaw Answers Blog
‘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…
Send Brooke Astor’s Son to Jail, Responders Say

Margolis

27 Oct 2009 | 11:28 am

After Brooke Astor’s son, Anthony D. Marshall, was convicted of exploiting and defrauding his mother, we asked our viewers on the ElderLawAnswers site whether they felt he should serve jail time by being sent to jail. By a three-quarters vote, they say “yes,” he should go to jail. The tally continues, so if you’d like your vote to be counted on this issue, click here.
What Does the Astor Case Mean for Protection of Our Elders?

Margolis

13 Oct 2009 | 6:15 am

The conviction of Anthony D. Marshall for the financial exploitation of his mother, Brooke Astor, as her physical and mental health declined in her late years puts in sharp relief what is often unclear when elder abuse is claimed against family members. What’s a gift, what’s payment for services, what’s theft, and what’s undue influence are often difficult to determine in the murky world of family relationships. As a result, it can be difficult for prosecutors and others to decide for certain that financial or physical elder abuse has occurred and to bring charges…

Law is Cool
Bailiffs behaving badly…

admin@lawiscoool.com (Omar Ha-Redeye)

4 Nov 2009 | 5:55 pm

…Well, maybe not so much a bailiff, but a courtroom deputy. A report out of Maricopa County, Arizona amazingly shows Detention Officer Adam Stoddard taking a document from defence counsel’s files while she argues during a sentencing hearing. While defence attorney Joanne Cuccia addresses the judge, the officer can be seen rifling through her file on the defence table. He then calls over another officer – again, still while Cuccia’s back is turned – to whom he passes a document from the file. Amazingly, this happens with neither Cuccia’s knowledge nor the…
Immigration exploitation

admin@lawiscoool.com (Omar Ha-Redeye)

4 Nov 2009 | 6:19 am

‘Guest worker’ abuses blasted Lack of oversight by the federal government has allowed foreign workers to be abused by their employers, Auditor General Sheila Fraser says in a scathing report on Canada’s immigration program. Fraser said federal authorities do not follow up on job offers for foreign workers to see if the jobs offered are real, if the employer can afford promised wages and if there is a real need for the worker.
Two charges dropped, two to go

admin@lawiscoool.com (Omar Ha-Redeye)

3 Nov 2009 | 10:32 am

Two charges dropped against shopkeeper Jennifer Yang writes: Kidnapping and weapons charges were dropped this morning against a shopkeeper who was arrested for detaining a suspected shoplifter.

Real Lawyers Have Blogs
Best in Law Blogs : LexBlog Network : November 3, 2009

3 Nov 2009 | 5:30 pm

It's 5:30 in LexBlog's Seattle office and it feels like it's 9:30. Thank you Daylight Savings Time. For those of you already away from work, not about to walk through Seattle at night (awesome, by the way), here's some reading material. There's an interesting post by Brian Galbraith on deciding if you should vaccinate for H1N1 and it's completely government-conspiracy free. HIPAA Data Breaches in India Threaten Outsourcing Industry, Require Greater Vigilance at Home - Virginia lawyer Tony Lazzarotti of Jackson Lewis on the firm's Workplace Privacy, Data Management & Security…
Will law firms have no other alternative than to blog?

3 Nov 2009 | 10:28 am

For decades law firms have leveraged the intellectual capital of their lawyers for client development purposes. The goal being to establish the firm's lawyers as thought leaders and trusted authorities in their areas of practice. Other than lawyers speaking and networking at legal and industry conferences, the primary means of sharing this intellectual capital to establish brand expertise and word of mouth reputation was through the traditional media. Public relations professionals got media coverage, either highlighting law firm accomplishments or having lawyers serve as sources and be…
Michelle May O'Neil of Dallas Divorce Law Blog: LexBlog Q&A

3 Nov 2009 | 10:18 am

We recently reported on how Dallas divorce attorney Michelle May O'Neil's blogging led to an on-camera interview with a local news station, after a reporter sought her out for her expertise via a Google search. But that's only the latest positive response to the Dallas Divorce Law Blog, which Michelle publishes along with partner Nathan Anderson. "We have had an exceptional response to our blog," Michelle says. "We learned how to sync our blog with our LinkedIn and Facebook profiles. So, we have increased our readership. Many judges and lawyers have facebook profiles and…

Digital Media Law
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…
Rosenberg v. SAG: Court of Appeal Implies Appeal May be Moot

12 Oct 2009 | 7:41 am

Alan Rosenberg is no longer president of SAG, nor even a national board member, but his lawsuit against his own union drags on pointlessly. Believe it or not, he’s still trying to undo Doug Allen’s firing, the appointment of David White, the ratification of the TV/theatrical contract and, no doubt, the discovery of a new ring around Saturn. That last is probably a particularly bitter blow for the ex-president. Rosenberg and his fellow Membership First plaintiffs 1st VP Anne-Marie-Johnson and board members Diane Ladd and Kent McCord might see some reason to continue the charade, but the…

Securities Docket
Archived Version of Nov. 4 Webcast–SEC Enforcement: Key Developments From FY 2009 And What May Be Ahead In FY 2010

Securities Docket

4 Nov 2009 | 2:36 pm

An archived version of today’s webcast (”"SEC Enforcement: Key Developments From FY 2009 And What May Be Ahead In FY 2010″) is now available below. In addition, the materials from the webcast can also be downloaded at the link below. Webcast Materials: “SEC Enforcement: Key Developments From FY 2009 And What May Be Ahead In FY 2010“
House Committee Approves Over $1 Billion in Additional Funds for SEC

Securities Docket

4 Nov 2009 | 2:19 pm

The House Financial Services Committee today approved more than $1 billion in additional funds annually over five years to the SEC. MarketWatch reports that such an increase would represent a doubling of the agency’s funding. In addition to raising its funding, the approved legislation would also provide the SEC with new enforcement powers and regulatory authorities, and permit the SEC to give financial rewards to whistleblowers that provide tips that lead to successful enforcement actions. Lawmakers also reportedly approved a measure requiring that the Government Accountability…
SEC Sues Merge Healthcare, Former CEO and CFO, For Accounting Fraud

Securities Docket

4 Nov 2009 | 2:04 pm

The SEC announced today that it has charged Merge Healthcare Inc. and two former senior executives for their roles in an accounting fraud that ultimately caused the company’s stock price to drop by two-thirds during a seven-month period. The SEC alleges that the company’s former CEO and CFO engineered a process by which Merge improperly recognized revenue from sales that had not been fully completed. The SEC further alleges that the defendants interfered with the audit confirmation process by instructing Merge sales personnel to tell some of Merge’s customers not to disclose…

IP LAW 101™
Update: New FTC Rules on Blogger Product Endorsements, Effective December 1

13 Oct 2009 | 8:06 pm

Hello!Previously I wrote a post about the "proposed" Federal Trade Commission Rules on Blogger Product Endorsements. Basically, the FTC was considering whether to require bloggers to disclose any financial relationship between themselves and brands whom products they endorse. Well those proposed rules are now a reality. The FTC has established new rules on Blogger Product endorsement and they are as follows:1. Bloggers must disclose if they receive a financial benefit when writing a post about a product or service. FTC views this transaction as an endorsement of the product or service.2.
Facebook's New Privacy Policy: What does it mean for users?

2 Sep 2009 | 3:04 am

Hello:Previously I wrote a blog post about the importance of having a privacy policy if you own or maintain a website (blog, social network, etc.) I discussed the need of website to state clearly: what information is collected from users; reveal what type of technology is used to collect information; explain to users what is done with the information collected; give users the option to opt out of providing information; and reveal measures in place to protect users' personal information.Facebook recently revealed the company modified its privacy policy to require API Developers (3rd party…
Inventor's Association of Georgia and Cloud Computing

30 Aug 2009 | 9:14 pm

Hello:I hope your life has been well! I have been busy busy busy. Last Saturday I gave a presentation on Trademarks and the importance of protecting them at the Inventor's Association of Georgia's monthly meeting. Despite technical difficulties with my MAC Ibook G4, the presentation went well. I gave examples of different types trademarks; discussed the difference between patents, trademarks, and copyrights; discussed cost effective solutions in defending and initiating trademark infringement actions; and gave advice on how to establish a cost effective trademark patrolling program. Also I…
Update: RIAA File-Sharing Litigation: Obama Administration Backs RIAA

17 Aug 2009 | 9:02 pm

Hello!I am finally back! I have been traveling for the past few weeks giving presentations and writing articles. Previously I wrote a post about the RIAA vs. Tenenbaum case. This case is one of several high profile file-sharing lawsuits currently being reviewed by the courts. Another case that has garnered national attention is the RIAA vs. Thomas-Rasset. Ms. Thomas-Rasset purchased songs from I-tunes and shared them with peers. A Minnesota federal jury found her guilty of copyright infringement and the court ordered her to pay $80,000 for each of the 24 downloaded song she shared. Her jury…
Twitter "Moldy Apartment" Libel Lawsuit

6 Aug 2009 | 9:38 pm

Hello Everyone!I have been very busy traveling and speaking on protecting IP assets and legal issues in new media. This week I wrote an article on the Twitter "Moldy Apartment" lawsuit. If you have not heard, a Twitter user stated on Twitter that a management company had moldy apartments. The management company sued for libel and of course this story received massive attention. The issue here is whether the statement was factual or false. Read my take on this lawsuit here. If you like please join the discussion.Have a great day!

California Labor and Employment Law
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…
We’ve Been Named a Top 100 Legal Blog!

Eugene Lee

3 Sep 2009 | 11:31 pm

Great news! The Daily Reviewer has just selected “California Labor & Employment Law” as one of its Top 100 Legal Blogs. We’re very excited by the recognition. A big thank you to the hard-working editors at the Daily Reviewer. Keep up the good work and we’ll keep on doing what we’ve been doing and hopefully stay on your list. To everyone else, be sure to check out the other 99 top legal blogs. It’s pretty rarefied company and we’re honored to have been included. Print, Email, Share this post: Keywords:law blog Related posts None

NO-FAULT PARADISE
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/
NEW POST-EUO NO SHOW

16 Oct 2009 | 1:40 pm

Click HERE

theCPLRblog
CPLR R. 3211 Roundup: CPLR R. 3211(a)(1,3,5,7); CPLR R. 3211(e) and CPLR § 205 with CPLR § 321

David M. Gottlieb

2 Nov 2009 | 6:48 pm

In Pari Delicto CPLR R. 3211 (a)(1) defense is founded upon documentary evidence(a)(3) the party asserting the cause of action has not legal capacity to sue (a)(5) the cause of action may not be maintained because of arbitration and award, collateral estoppel, discharge in bankruptcy, infancy or other disability of the moving party, payment, release, res judicata, statute of limitations, or statute of frauds (a)(7) pleading fails to state a cause of action CPLR § 205 Termination of action (a) New action by plaintiff. CPLR § 321 Attorneys(a) Appearance in person or by attorney Symbol…
CPLR R. 3212(a)(f) Shennanigans and CPLR § 3213

David M. Gottlieb

2 Nov 2009 | 6:09 pm

CPLR R. 3212 Motion for summary judgment(a) Time; kind of action(b) Supporting proof; grounds; relief to either party(f) Facts unavailable to opposing partyCPLR § 3213 Motion for summary judgment in lieu of complaintAbdalla v Mazl Taxi, Inc., 2009 NY Slip Op 07566 (App. Div., 2nd, 2009)The defendants established good cause in support of that branch of their motion which was for leave to extend their time to move for summary judgment until 120 days after receipt of all outstanding discovery, since there was significant discovery outstanding at the time the note of issue was filed (see…
Quasi In Rem Jurisdiction

David M. Gottlieb

2 Nov 2009 | 5:54 pm

Quasi In Rem JurisdictionCargill Fin. Servs. Intl., Inc. v Bank Fin. & Credit Ltd., 2009 NY Slip Op 07688 (App. Div., 1st, 2009)While plaintiff's evidence established a basis for quasi in rem jurisdiction, in that defendant, a Ukranian bank, utilized its New York correspondent accounts to receive funds and make interest payments pursuant to the terms of the parties' loan agreements and associated letters of credit (see generally Banco Ambrosiano v Artoc Bank & Trust, 62 NY2d 65 [1984]), plaintiff failed in its burden to show the extent, if any, that defendant had an…
Res Judicata, Collateral Estoppel, and Law of the Case

David M. Gottlieb

2 Nov 2009 | 5:48 pm

Res JudicataCollateral EstoppelLaw of the CaseState Farm Ins. Co. v Frias, 2009 NY Slip Op 07825 (App. Div., 2nd, 2009)State Farm argued that, because the three nondefaulting defendants had not proposed a counter-judgment, had not opposed State Farm's proposed judgment, had not moved for leave to renew or reargue, had not moved to vacate the judgment, and had not appealed from the judgment, they were estopped from challenging the declarations contained in it. Luccme and Urena opposed State Farm's motion and, in an order entered April 10, 2008, the Supreme Court granted the motion…
CPLR § 5511--only the aggrieved can appeal

David M. Gottlieb

31 Oct 2009 | 9:51 pm

CPLR § 5511 Permissible appellant and respondentAMS Prods., LLC v Signorile, 2009 NY Slip Op 07776 (App. Div., 2nd, 2009)Only an aggrieved party may appeal from an order or judgment pursuant to CPLR 5511 (see Unitrin Advantage Ins. Co. v Duclaire, 49 AD3d 863). Where a party obtains the relief it seeks from the Supreme Court, is not aggrieved by that order (id.; see DiMare v O'Rourke, 35 AD3d 346; Evans v Nab Constr. Corp., 80 AD2d 841). Here, the plaintiff, by its motion, sought a preliminary injunction enjoining the defendant from "engaging in any business, trade or…

HealthBlawg :: David Harlow's Health Care Law Blog
FDA and social media: The regulated community's current obsession overlooks off-label promotions by the advocacy community

David Harlow

2 Nov 2009 | 11:56 am

This morning I received a tweet exhorting me to learn about Low Dose Naltrexone (LDN) for autoimmune diseases. (Naltrexone, by the way, is approved by the FDA only to treat alcoholism.) Within a few clicks, I found claims that LDN would be a good drug to take for dozens of conditions: everything from neuroblastoma to HIV to celiac disease, and learned of a network of tweeps promoting LDN. The above tweet linked to a blog promoting LDN which is part of the Health Central community. All this got me thinking about a bunch of issues; for instance: Does the promotion of off-label uses by a…
Health Law Basics Plus: Two-day seminar in Boston this week

David Harlow

2 Nov 2009 | 8:20 am

Massachusetts Continuing Legal Education puts on its annual two-day extravaganza introduction to health law this week (November 4-5). I'll be speaking on post-acute care, and there is an all-star panel of speakers filling out the entire two days. If you are -- as they used to say -- within the sound of my voice and have an interest, please come on down. Bring your friends and neighbors. You can find more information on topics, speakers and and registration on the MCLE Health Law Basics Plus page. David HarlowThe Harlow Group LLCHealth Care Law and Consulting
Connected Health Symposium 2009 Wrap-up

David Harlow

26 Oct 2009 | 5:48 am

I attended the Connected Health Symposium last week in Boston and got a healthy dose of the past, present and future in health care connectivity, connectedness and connections. As always, I enjoyed connecting in person with a whole host of folks I know online -- including those who know my twitter handle, @healthblawg, better than my name. The conference was kicked off by Stuart Altman, who regaled us with tales of his days with the Nixon Administration, and made a couple of key points: The health care spending crisis is cased by rising prices, not rising utilization Any federal health…
PHR Panel at Connected Health Symposium 2009

David Harlow

22 Oct 2009 | 4:23 pm

Another very interesting panel at Connected Health Symposium 2009 - this one on PHRs, with Peter Neupert from Microsoft, Roni Zeiger from Google Health and Phil Marshall from WebMD, moderated by John Moore of Chilmark Research (post linked to is relevant to this panel discussion). Have a listen: Listen/Download. (Warning: this is almost an hour long. Content is better than sound quality ... It was pretty muddy in person, too.)Please be sure to have a listen to an earlier panel discussion on EHRs, incentives and more and check out the archived Connected Health Symposium 2009…
Connected Health Symposium 2009 - One interesting panel ...

David Harlow

22 Oct 2009 | 8:12 am

Here's the audio of a very interesting panel discussion at the Connected Health Symposium. The audio quality isn't the greatest, but the content is terrific. Listen/DownloadModerator: Robert Hanscom, JD, Vice President, Loss Prevention and Patient Safety, CRICO/Risk Management Foundation - John Glaser, PhD, Vice President and CIO, Partners HealthCare - John Halamka, MD, CIO, CareGroup Health System; Dean for Technology at Harvard Medical School; and Chair of the US Healthcare Information Technology Standards Panel (HITSP) - Peter Neupert, Corporate Vice President, Health Solutions…

Current Trends in Copyright, Trademark & Entertainment Law
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…
No Attorneys’ Fees: Defendants In Bridgeport Sampling Case

ipandentertainmentlaw

23 Oct 2009 | 12:36 pm

by Tamera H. Bennett Posted October 23, 2009 The Sixth Circuit Court of Appeals affirmed the district court’s denial of the defendants’ request that attorney fees be imposed as a condition of granting plaintiffs’ motions to voluntarily dismiss WITHOUT prejudice twenty cases of copyright infringement stemming from master use and music publishing sampling. (Bridgeport Music, Inc. v. Universal-MCA Music Publishing, Inc. , Cause Nos: 08-5254/55/56/57/58/59/60/61/62/63/64/65/66/67/68/69/70/71/72/73 (6th Cir. October 212, 2009). The “Bridgeport Case” has been on-going…
Lawyer Tamera H. Bennett on FaceBook

ipandentertainmentlaw

13 Oct 2009 | 10:06 am

Come “Fan” us over at FaceBook. Here’s a taste of our posts…. Bennett Law Office, PC/Tamera H. Bennett Grammy DFW Professional Dev. and Mixer Up Close & Personal with Richard Perna Music Publishing Essentials: An Insight Into Copyright, Licensing, Royalty Collections, & Marketing Time:5:00PM Wednesday, October 14th Location:The Loft, 1135 S Lamar St. Dallas, Texas 75215 http://www.theloftdallas.com/directions.php about an hour ago · RSVP to this event Bennett Law Office, PC/Tamera H. Bennett The Soundtrack Album is back. Twilght, 90210, Greys Anatomy…
Making Money, Making Movies October 23 Dallas

ipandentertainmentlaw

8 Oct 2009 | 9:59 am

The Dallas Bar Association Sports and Entertainment Law Section will host its annual “Entertainment Law Bootcamp” on Friday, October 23, 2009 at Poor David’s Pub. This year’s focus is film, from script acquisition to distribution. Pre-Register by October 16, 2009 by sending a check payable to: Dallas Bar Association Sports and Entertainment Law Section to: Marc Taubenfeld McGuire, Craddock & Strother, PC 500 N Akard St Sutie 3550 Dallas, TX 75201

Political GPS: Womble Carlyle Political Law
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,…
States Launch Review of Disqualification Standards for Elected Judges

The Womble Carlyle Team

19 Jun 2009 | 6:58 am

Last week, the Supreme Court ruled that elected judges should not hear cases when the support they received from campaign backers creates an appearance of bias. In the wake of this ruling, a number of states have announced plans to review their rules on judicial disqualification. Michigan, for instance, has requested public comment by August 1 on a series of proposals. Ohio and Wisconsin are preparing to conduct similar reviews. West Virginia has announced the formation of a Commission on judicial reform to be headed by former Justice Sandra Day O’Connor. The Supreme Court ruling allows…

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: 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…
Monday's quick reads: hospitals, bloggers, and how to deliver bad news to a group

Henry Fawell

26 Oct 2009 | 6:26 am

1.) Why some hospitals keep missing the web bandwagon (Suburban Journals) -- Of all the factions that have embraced Twitter and other social media tools, one is largely absent from the mix, even though it relies heavily on making sure resources are available for customers: the hospital.2.) Technorati releases 2009 State of the Blogosphere Report (PRSA) -- According to the first installment of Technorati’s 2009 State of the Blogosphere report, bloggers are generally an affluent and educated group. The report focuses on professional blogging activities, brands in the blogosphere,…
Top ten brands for corporate social responsibility

Henry Fawell

23 Oct 2009 | 12:03 pm

Many factors make up a corporate reputation - customer service, shareholder value, and employee morale to name a few. A new study from the Boston College Center for Corporate Citizenship aims to rank those companies that have earned the strongest reputations in the area of ethics, citizenship and workplace practices. Here are your top ten:1. Walt Disney Company2. Microsoft3. Google4. Honda5. Johnson & Johnson6. PepsiCo.7. General Mills8. Kraft Foods9. Campbell Soup Company10. FedExNotably absent from the list are any financial institutions, as they seek to rebuild trust with the public in…
Monday's quick reads: Goldman, grassroots, and blogging

Henry Fawell

19 Oct 2009 | 8:37 am

1.) A grassroots cautionary tale (National Journal) -- The investigation into a prominent lobbying firm's fake letters to Congress points up the dangers to K Street in so-called grassroots and grass-tops lobbying, both of which are increasingly popular -- and controversial. It also underscores the absence of disclosure, let alone regulation, in a booming segment of Washington's influence industry.2.) Bonuses put Goldman in public relations bind (The New York Times) -- Goldman and its employees are enjoying one of the richest periods in the bank’s 140-year history, and is on pace to pay…
How to give customers and shareholders a voice

Henry Fawell

15 Oct 2009 | 10:21 am

During my first job search out of college, a mentor told me: "Don't be afraid to ask people for help. If they help you, they become vested in your success. They view your success as a reflection on their efforts."The same could be said for how companies engage their stakeholders, whether they be customers or investors. It may seem odd to ask customers or shareholders for help, but it can go a long way toward influencing public opinion in your favor.Here are three examples of organizations asking their stakeholders for help or advice in a very public way and, in my view, strengthening their…

Trade Secrets Blog
TSMC Wins Major Trade Secrets Verdict Against SMIC - Damage Award Not Yet Declared

4 Nov 2009 | 2:04 pm

The Wall Street Journal is reporting the jury in Oakland ruled Tuesday in favor of Taiwan Semiconductor Manufacturing Co. in a long-running legal battle against rival Chinese chip maker Semiconductor Manufacturing International Corp., which TSMC had accused of stealing trade secrets and violating a prior settlement between the companies.An Alameda County Superior Court jury still must rule on what damages SMIC might have to pay in the case, but they could be hefty. An attorney for TSMC said it hasn't asked for a particular figure, but noted its expert witness on damages put the amount in the…
Spring Design Says to Barnes & Noble's Nook E-Reader: "You've Got Our Chocolate in Your Peanut Butter!"

3 Nov 2009 | 6:22 am

Reuters is reporting that Silicon Valley start-up company Spring Design has sued Barnes & Noble and the lawsuit asserts Barnes & Noble misappropriated trade secrets and violated the parties' non-disclosure agreement when it copied Alex's features into its recently announced Nook e-book. "Spring Design unfortunately had to take the appropriate action to protect itsintellectual property rights," said Spring Design Vice President of Sales andMarketing, Eric Kmiec. "We showed the Alex e-book design to Barnes & Noble ingood faith with the intention of working together to provide a…
Well-Dressed Attorneys Make Closing Arguments in TSMC v. SMIC Trade Secrets Trial

30 Oct 2009 | 7:42 am

We've been following this TSMC v. SMIC trade secrets trial going on out in Oakland, see here: http://wombletradesecrets.blogspot.com/2009/10/semiconductor-international-has.html. The parties have now made their closing arguments, and Law.com has an interesting report regarding those arguments.Jeffrey Chanin, who represents TSMC, compared SMIC to a thief whose "strategy has been to play a game of catch me if you can and play dumb when caught." He argued that SMIC took trade secrets from former TSMC employees to get its plants up and running in short order.Chanin said that SMIC had agreed to…
Citing Need to Protect Certain Trade Secrets, Iowa Judge Agrees to Close Courtroom For Some Testimony and Evidence in Consumer Fraud Trial

29 Oct 2009 | 7:02 am

The Des Moines Register is reporting that a Polk County, Iowa judge agreed Tuesday to close his courtroom for parts of a consumer fraud trial brought against a Connecticut-based company by the State of Iowa, ruling that certain testimony and evidence could expose the trade secrets of a company accused of illegal sales tactics. The lawsuit alleges Vertrue Inc. sold discount buyer-club memberships to nearly 500,000 Iowans for such things as home improvement items, entertainment, fashion and fitness products.Judge Robert Hutchison ruled that specific data about Vertrue Inc.'s membership could…
Connecticut Mortgage Broker Loses Staff in 2004 and Lawsuit in 2009

28 Oct 2009 | 6:38 am

CNNMoney.com has an interesting piece about a small mortgage brokerage company that claims to have had 33% of its employees "raided" by another company. Those employees then allegedly worked within 2 miles of their former employer and ate its proverbial lunch."It was a complete shock," says Charter Oak Lending Group Co-Founder Debra Killian. "We lost everything that took 10 years to build in one month, because one company stole it. How is that not illegal?" It's an important question. Are there some things that companies "build" that they're not legally entitled to retain? This court seemed…

Furniture Law Blog
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…
The New Pleading Standards And Furniture Trade Dress Cases

6 Oct 2009 | 6:44 am

It was only a matter of time before the new pleading standards set forth in Twombly v. Bell Atl. Corp., 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009) were interpreted through the lens of a furniture trade dress case. That is what happened recently in Heller Inc. v. Design Within Reach, No. 09 Civ. 1909 (JGK), 2009 WL 2486054 (S.D.N.Y. Aug. 14, 2009). In Heller, the plaintiff Heller Inc. sued defendant Design Within Reach ("DWR") for various claims including trademark dilution and trade dress infringement, in violation of the Lanhan Act § 43, 15 U.S.C. § 1125 and New York…
Luxo Tells Disney "Lights Out"

9 Sep 2009 | 5:31 am

On Thursday, September 3, 2009, Norwegian lighting design company Luxo ASA filed a complaint in the United States District Court for the Southern District of New York alleging that Walt Disney Co.'s plans to market its own version of the iconic lamp used in Pixar Animation Studio's first short film would cause confusion in the market and cause Luxo unspecified damages (Case No. 09-cv-07689). Luxo further alleges that Disney's proposed version of the Luxo lamp are made by an unknown manufacturer and are of inferior quality, thus putting Luxo's goodwill and reputation at risk. In addition to…

Personal Injury and Social Security Disability
Omnicare Will Settle Kickback Cases for $98,000,000

Bob Kraft

4 Nov 2009 | 7:40 am

CBS Evening News (11/3, story 9, 1:40, Smith) reported, "As members of Congress debate healthcare reform, most would agree there needs to be a crackdown on cheating. Chief Investigative Correspondent Armen Keteyian reports now on a staggering fraud settlement involving healthcare giant Omnicare." CBS (Keteyian) added that "Omnicare agreed to pay nearly $100 million to settle a series of complaints with the Justice Department for paying and receiving kickbacks." The Wall Street Journal reports that Omnicare was accused of paying kickbacks to nursing homes to encourage…
Increasing Risk, Hurting Patients — Malpractice Caps

Bob Kraft

3 Nov 2009 | 7:41 am

Forbes Magazine has an interesting article about medical malpractice lawsuit caps, and how that idea is bad for patients. The article is written by Shirley Svorny, a professor of economics at California State University, Northridge, and an adjunct scholar at the Cato Institute. Here are excerpts: A new Congressional Budget Office report estimates that a set of tort reform measures--including caps on awards for non-economic and punitive damages--would have lowered total national health care spending in 2009 by $11 billion, largely by reducing so-called defensive medicine. Damage caps, though,…
Amgen Accused of Kickback Scheme to Boost Aranesp Sales

Bob Kraft

2 Nov 2009 | 7:38 am

The New York Times reported, "The biotechnology giant Amgen has been accused by New York and some other states of engaging in illegal kickbacks to promote sales of its anemia drug Aranesp [darbepoetin alfa]." The states filed a lawsuit Friday alleging that "Amgen, in effect, provided free samples to doctors and clinics by putting tiny extra amounts of the drug in each vial. The medical practices could then make a profit by billing insurers...for the extra drug." The scheme, "which the suit contends was known to Amgen's upper management, allegedly cost…
Best Halloween Costumes?

Bob Kraft

31 Oct 2009 | 11:00 am

Happy Halloween everyone! These guys wearing flat-screen displays attached to their iPhones have my favorite costumes of the year.
Friday Fun

Bob Kraft

30 Oct 2009 | 3:40 am

I love the Redneck Remedies at There, I Fixed It. Maybe you had to grow up in Texas or in the South to get the full effect, but these photos are definitely worth a look.

Colorado Law Blog
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…
A Walk to Remember Honors the Loss of Children to Pregnancy/Neonatal Loss, Stillbirth and SIDS

linda

22 Oct 2009 | 8:02 am

In 2008, a group of bereaved parents came together to ensure that the vision set forth by the original founders of A Walk to Remember would live on. We were brought together by grief and a determination to ensure that not only a Remembrance Walk would happen to remember our children, but also that bereaved parents in Colorado would have the resources needed to get through such a difficult time. A Walk to Remember Foundation, based in Littleton, Colorado, is a Non-Profit organization created to help those touched by all types of infant loss, including pregnancy loss, neonatal loss, stillbirth,…
Bachus & Schanker Helps Light the Night for The Leukemia and Lymphoma Society

linda

9 Oct 2009 | 1:13 pm

Thursday, October 1, 2009 the Bachus & Schanker clan gathered together for a good cause, Light the Night. The evening started out at partner, Darin Schanker’s house for the second annual BBQ. Even though it was a bit colder than last year there was still a great turn out. The Leukemia & Lymphoma Society’s Light The Night Walk is the nation’s night to pay tribute and bring hope to people battling cancer. Walks take place in communities throughout the United States and Canada, typically in the fall. On these special nights, thousands of participants carry illuminated…
Driven to Distraction - Saving Time But Costing Lives

linda

2 Oct 2009 | 3:41 pm

With the tightening economy and many jobs at risks, workers are feeling more and more pressure to be productive. One of the ways, especially for who spend most of their work day on the road, is to turn their cars into traveling offices. Equipped with laptops and BlackBerrys, a busy salesperson or entrepreneur is never out of touch. They have the means to respond to any crisis at their fingertips. Truckers, plumbers and delivery drivers can now receive instructions and directions to their next assignment in route. Productivity for those on the road is just a touch away. But at what cost? Is…

Marquette University Law School Faculty Blog
Will State Education Reforms Get a Boost from Obama?

Alan J. Borsuk

3 Nov 2009 | 12:26 pm

When, if ever, has a president of the United States inserted himself as directly into a legislative issue in Wisconsin as President Barack Obama is doing by visiting Madison on Wednesday? Obama’s visit to a middle school a couple miles from the State Capitol will focus on education – and it comes as Gov. Jim Doyle and others are ramping up their push for a series of educational reforms, including giving much of the power over Milwaukee Public Schools to Milwaukee’s mayor. Obama and Secretary of Education Arne Duncan, who will be with him, are firm supporters of many of the ideas being…
The NFL Commissioner Asks for Labor Law Reform?

Paul M. Secunda

3 Nov 2009 | 12:25 pm

Who knew that the commissioner of the NFL was such a labor law aficionado? From Yahoo! News and the AP: Frustrated by court decisions that blocked the suspension of two football players who tested positive for banned substances, NFL commissioner Roger Goodell is asking Congress for help. “We believe that a specific and tailored amendment to the Labor Management Relations Act is appropriate and necessary to protect collectively bargained steroid policies from attack under state law,” Goodell said in testimony prepared for a House Energy and Commerce subcommittee hearing Tuesday.
Pondering the Wisconsin Supreme Court’s Criminal Docket

Michael M. O'Hear

3 Nov 2009 | 12:23 pm

Last week, I was delighted to participate in the Conference on the Wisconsin Supreme Court organized by Rick Esenberg. The panel I moderated reviewed some of the court’s most significant criminal cases last term. But “most significant” is a relative term, and I don’t think any of the panelists found the court’s recent criminal cases to offer anything especially bold or innovative. The court seems to be operating more in an error-correction mode than a law-declaration mode. Recent decisions generally do not announce new rules of law, but operate within…
Drug Courts after Twenty Years: What Next?

Michael M. O'Hear

3 Nov 2009 | 12:22 pm

I’ve been meaning to blog about the interesting new report from the National Association of Criminal Defense Lawyers on drug courts, but alum Tony Cotton (a member of the NACDL Board of Directors) has beaten me to the punch. (For my own take on drug courts — voicing some of the same concerns as Tony – see this recent article.) Tony offers these insightful and timely thoughts on drug courts: This year marks the twentieth anniversary of a criminal justice innovation that was supposed to help solve the drug problem in this country and reduce the mass incarceration of…
Water, Jobs, and the Way Forward

Alan J. Borsuk

2 Nov 2009 | 8:52 pm

Does Lake Lanier hold an important message about the possibility for economic growth in the Milwaukee area? If so, it’s a message that business and political leaders in Wisconsin need to move with urgency, boldness, and vision if they want to make southeast Wisconsin the hub of freshwater-related business in North America. That was a key theme of a conference Monday convened by Marquette Law School. “Milwaukee 2015: Water, Jobs, and the Way Forward” brought Wisconsin Gov. Jim Doyle, Milwaukee Mayor Tom Barrett, and business and academic leaders together before an audience of several…

Dozier Internet Law, PC
Dozier Internet Law: MySpace Postings Net Criminal Conviction

Dozier Internet Law

29 Oct 2009 | 4:21 pm

Dozier Internet Law protects the reputations of professionals and businesses online, so we do our best to keep up with the latest developments about social media comments. This case was handed down this summer. In US v. Voneida the Third Circuit Court of Appeals upheld a jury conviction for postings by the defendant on his MySpace page. There is a federal law that prohibits the transmission in interstate commerce of any communications containing any threat to injure another person. In this case, the Defendant made generalized threats that the Virginia Tech students got what they deserved and…
Dozier Internet Law: Six Get Prison For Website Harassment

Dozier Internet Law

26 Oct 2009 | 8:26 pm

Each will get from one to three years in prison for violation of the AETA and cyberstalking. Dozier Internet Law has commented on the recent Federal appellate court decision rejecting free speech and constitutional challenges to convictions of six animal rights activists. You can read about the convictions on the www.google-bombs.com website. This is a significant victory for those fighting online personal terrorism and could be the map for legislators to follow as laws are drafted trying to address the mobosphere attacks that have become so prevalent online. Expect an appeal to the Supreme…
Google Embraces Reputation Management Techniques

Dozier Internet Law

20 Oct 2009 | 5:48 pm

John W Dozier Jr, author of Google Bomb with Sue Scheff, highlighted extensive reputation management tactics to counteract Google's biased search results. Now, for the first time, Google has officially approved and is now encouraging the use of reputation management as a defense to false and defamatory search results. The Dozier Internet Law advice in Google Bomb goes much further than the Google guidance and advice and there are some problems with their suggestions since merely asking a webhost or website owner to pull down content, as Google suggests, can itself create more problems in…
Webhost Hit With $32.4M Judgment For Hosting Site

Dozier Internet Law

15 Oct 2009 | 12:00 pm

At Dozier Internet Law we counsel web hosts on how to handle trademark and copyright claims. That's become an even hotter topic in recent weeks as a jury in California returned a $32.4 Million Judgment on behalf of Louis Vuitton against a web hosting company for hosting a website that was allegedly selling knock-offs. The judgment is not surprising and the principles of law nothing new. But you would have thought the sky was falling. The consumer rights groups and their fanatical followers are all over the web expressing outrage. It's as if they do not understand the laws of...
Dec. 1 Effective Date of New FTC Regulations on Online Advertising

Dozier Internet Law

14 Oct 2009 | 7:13 pm

At Dozier Internet Law we have seen a gradual, and now more pronounced, shift towards creating liability on the advertiser when an affiliate acts up and breaks the law. There has always been liability if the affiliate marketer is acting as an agent. But that is hard to prove. In the CANSPAM act an affiliate's misconduct can be imputed through to the business for whom he is marketing if the business "consciously avoided" acquiring knowledge of the spammer's misconduct. Now with the new FTC Guidelines coming into effect December 1 the Federal Trade Commission expects businesses…

New York Personal Injury Law
Suit Against Above the Law Quickly Dismissed

4 Nov 2009 | 12:49 pm

As quickly as it started with a bang, the lawsuit by Miami law professor Donald Jones against mega law blog Above the Law and its Editor in Chief David Lat), has been dropped.The suit had been widely lampooned around the legal blogosphere, both for its lack of legal merit as well as the resulting public relations debacle.In today's post, Lat showed more than a bit of class with this offer: We have offered Professor Jones a guest post on Above the Law in which to provide his side of the story, about either the lawsuit or the underlying facts. We have offered to keep the comments on that post…
Halloween Blawg Review Gets Reviewed

4 Nov 2009 | 9:29 am

I'm grateful to the many people who offered up their flattering comments and links regarding this week's Halloween themed Blawg Review, starring The Bogeyman. Some came in the comments area, some came in by Twitter and some on blogs:If you missed @turkewitz's Halloween themed Blawg Review--go read it now. It is beyond clever (Rita Handrich @ The Jury Expert)a super edition of Halloween Blawg Review (Kevin Underhill @ Lowering The Bar)Eric Turkewitz never fails. But here he 'frightens' (Susan Cartier Liebel @ SoloPracticeUniversity)As always with the Turk, its top shelf (Kevin O'Keefe at Real…
Above the Law Sued By Law Prof (And How It Should All End)

3 Nov 2009 | 8:15 am

Above the Law has been sued by University of Miami law professor Donald Jones. Others are opining on the details of how the suit arose, but I'm here to tell you how I think it will (or should) end.First, the back story: Prof. Jones was arrested on a misdemeanor charge of soliciting a prostitute. Above the Law picked up the story and, in its legal tabloid fashion, ran with it making him their "Lawyer of the Day" and publishing the police report. They did an update on the not guilty plea, and then followed up again with a post entitled "The Nutty Professor: A Commemorative Graphic." He has…
Blawg Review #236 (The Bogeyman Cometh)

2 Nov 2009 | 3:00 am

(For centuries a wanderer has traveled about during Halloween week to see what lawyers are discussing on their blogs, and presented it in Blawg Review.)The Bogeyman was pissed. And when The Bogeyman gets pissed, it's probably wise to listen."Law bloggers are trying to steal my thunder," he hissed, "It used to be that I had dibs on scaring the bejesus out of people. Now only 40% believe that my coterie of demons inhabits this earth. And I blame the lawyers. What are you guys trying to do to me?"So as I stepped from my home to trick-or-treat with Little Man and Sweet Pea, he said "I'm coming…
Monster Energy Drink's Monstery Conduct - Just In Time For Halloween

30 Oct 2009 | 7:14 am

Monster Energy Drink's lawyers seem intent on living up to their products monster name. Since I consider frivolous legal conduct to be within my wheelhouse, and this evening being Halloween eve, I thought I would look at the monstery conduct of Hansen Natural, the billion dollar companythat makes this brew.Could this company really have issues in this scary season, or am I just trying to piggy-back a play on names today? You be the judge:In one act of brilliance, the legal wizards thought it would be a fine idea to send a take down notice to a beverage reviewing website. The site is actually…

Immigration Law Answers
H-3 Trainee Visa Category

4 Nov 2009 | 3:54 am

The H-3 trainee visa is a non-immigrant visa option for foreign nationals seeking training in any field of endeavor, including, but not limited to, commerce, communications, finance, government, transportation, agriculture, or the professions (except physicians). Specifically, the H-3 is utilized by a foreign national seeking to pursue a career outside the United States, and training in the U.S. is necessary because the foreign national's home country does not have the type of training program available. Once the training program in the U.S. has concluded, the trainee must return to…
Senate Measure Gives Rights to Widows of Citizens

28 Oct 2009 | 9:46 am

In a long-overdue move, the Senate last week approved a law that would stop the so-called "widows penalty" in immigration situations. Until now, if an immigrant had an application for permanent residency on file based on marriage to a U.S. citizen, and the citizen died within the first two years of the marriage, the application was annulled and the immigrant was deported. This seems especially harsh treatment to an immigrant who has just lost his or her newlywed spouse to a tragic death. To have to deal not only with the personal loss but also with the trauma of having to leave the…
Revised Form I-601 to Waive Inadmissible Grounds Under the Immigration and Nationality Act

26 Oct 2009 | 4:12 am

Certain foreign nationals who seek to be admitted into the United States or adjust their status in the United States are unable to do so if acts, convictions, or medical conditions make them inadmissible. There are several grounds listed in the Immigration and Nationality Act (INA) that make a foreign national inadmissible to the United States. The following are grounds for inadmissibility: health-related grounds certain criminal and related grounds Immigrant Membership in a Totalitarian Party Immigration fraud or misrepresentation Smugglers…
Latino in America - Tonight on CNN

22 Oct 2009 | 4:13 pm

This excellent program airs tonight on CNN at 8:00 p.m. Central Time. You can read about it at the CNN Web site.
Don't Try To Use A B-1/B-2 Tourist Visa If You Plan To Become A Student

19 Oct 2009 | 11:27 am

Attorney Eugenia Ponce recently had a telephonic consultation with a client who wanted to enter the United States on a B-1/B-2 tourist visa to visit various universities throughout the United States and to attend admissions interviews. He wanted to know what the student visa requirements were and whether he would face any challenges if he tried to obtain his student visa while in the United States on a tourist visa. Ms. Ponce explained that foreign nationals seeking to enter the United States for the purpose of studying in the United States will need to apply for an F-1 study visa in…

SECLaw.com - The Securities Law Blog
Congress to Give FINRA Authority over RIAs

2 Nov 2009 | 6:55 am

According to InvestmentNews.com, there has been an amendment to the Investor Protection Act which gives FINRA authority over the advisory activity of any broker-dealer that it regulates.The bill would affect anyone who is dually registered as an investment adviser and a broker, and would greatly expand FINRA's authority over the financial markets.On one level the proposal makes sense. In recent years we have seen the distinctions between brokers and advisers blurr, and in the retail area, there often is no substantive difference between the two. At least not to the investor, who often does…
Getting Arbitration Facts Wrong

2 Nov 2009 | 5:40 am

Litigation 2009 - Home Court Disadvantage at American Lawyer attempted to put together an article about the large cases being won before FINRA arbitration panels, but in doing so demonstrates a marked bias in the media against arbitration. Or, perhaps just an abject failure to fact check.The article correctly points out that there have been some significant cases won in arbitration, multimillion dollar verdicts in favor of investors, but in the course of reaching that conclusion makes a number of flagrantly wrong, and significantly misleading, statements regarding FINRA arbitration.For…
Hedge Funds On Wall Street Talent Hunt

30 Oct 2009 | 8:21 am

From Financial Planning.com - Less than a year after the credit crisis forced the closure of some 1,000 hedge funds, these firms are back out looking for capital and hiring professionals from Wall Street firms. In addition to poaching from investment banks, the funds are bringing in professionals from endowments, foundations, and traditional asset managers, according to a recent report More>>>
Merrill Exec to Head UBS Wealth Management

27 Oct 2009 | 7:30 am

After months of speculation, UBS today named Robert McCann as its new head of wealth management in the Americas.Mr. McCann, the former head of the brokerage business at Merrill Lynch & Co., left Merrill in January after the acquisition by Bank of America. More>>>
Branch Managers Being Forced to Produce

26 Oct 2009 | 7:50 am

There are hundreds of producing branch managers at the wirehouses, and over recent years, the wirehouses have been pushing their BOMs to drop production and concentrate on supervision. There is some appeal to using a non-producing manager, but the firms seemed to miss an important issue - compensation.As firms pushed managers out of production there was a disconnect on the compensation side. After all, firms were asking managers to give up a business that many of them had spent years building.There is of course nothing wrong with having producing managers. If you staff the branch properly, a…

Human Rights in the Workplace
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.
Twitter Talk - August 24, 2009

Donna Seale

24 Aug 2009 | 1:31 pm

I'm thankful I was able to get out with my family yesterday and enjoy our one whole day of summer yesterday! (We almost didn't recognize the blue sky and sun when it showed up in the morning). Today, we got hit by a thunderstorm which had me wondering if we were going to leave the house at all! Guess I should be thankful we have a roof over our heads in order to continually duck this lousy weather. Anyway, amidst the weather wranglings, there has been a lot of interesting discussion on Twitter during the past week covering everything from enhancing workplace diversity, to how…

Law Firm Bottom_Line
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, a