Wait, You Mean This Isn't Burger King?

He's The King! Stop hassling him! As reported by The Rome News-Tribune (Rome, Georgia):

Rome Police were called to the [McDonald's] restaurant at 2215 Shorter Ave. at approximately 1 p.m. by a manager in reference to a suspicious person.

When they arrived, the manager said that a man dressed as the mascot for Burger King entered the restaurant with bags of hamburgers and began handing them out to several customers.

But The King wasn't quite done.

He danced while inside the restaurant and stopped to take pictures with children. The report states that one child took a picture with him and ran away as he appeared to be scared.

When the manager approached the man he said he was collecting for children’s charities. She noted that he had not collected any money during his time inside the restaurant.

Peasant! Don't bother The King with petty details.

The subject then got into a white Acura. The manager saw him take off his mask and he appeared to be a middle age white male with dark hair.

Here's the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/04z78lkCnJ0/post_501.html

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The AM Roundup: Unease over Drones, Summer Associate Survey

Law Blog rounds up the morning's news.

Source: http://blogs.wsj.com/law/2012/09/26/the-am-roundup-unease-over-drones-summer-associate-survey-more/?mod=WSJBlog

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Key changes to Patent Law

Back on September 16, 2011, President Obama signed the America Invents Act (AIA) into law, vastly changing the core of the patent system and patent law. Now, a year later, some of the key provisions are going into effect. Lawyer2Lawyer host Bob Ambrogi talks with Attorney Matthew I. Kreeger, the Co-Chair of Morrison Foerster’s Patent Interferences Practice Group and Dennis Crouch, Associate Professor of Law at the University of Missouri School of Law and editor of Patently-O, about the implementation of some of the most important provisions of the America Invents Act and their impact.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/key-changes-to-patent-law/

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Inside the Gerry Spence Trial Lawyers College

Structured settlement brokers have the pleasure of working side by side trial attorneys to help structure the best settlements for the injured and the less fortunate and many of these lawyers credit their success to special training that they received at the Gerry Spence Trial Lawyers College. On Ringler Radio, host Larry Cohen welcomes colleague and co‑host, Bill Wright from the Atlanta office of Ringler Associates and guest Attorney Joseph A. Fried, of Fried Rogers Goldberg, to talk about his experience and how he applies what he has learned to his law practice.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/01/inside-the-gerry-spence-trial-lawyers-college/

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The Perfect Real World Problem for a Trademark Class

In this week's IP Podcast, Professor Megan Carpenter of Texas Wesleyan University School of Law discusses teaching IP in the midst of a trademark dispute. Learn about Professor Carpenter at http://bit.ly/wwylwM.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/the-perfect-real-world-problem-for-a-trademark-class/

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Gone Clio with Attorney Jason Kohlmeyer

Listen as Clio co-founder and CEO Jack Newton talks with special guest, Jason Kohlmeyer, a founding attorney of Rosengren Kohlmeyer Law Office in Mankato, Minnesota, who transitioned from a Minnesota-large law firm to his own small law practice. You’ll hear Jack and Jason talk about transitioning to his own firm, and how #cloudcomputing helps make his firm efficient.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2011/12/gone-clio-with-attorney-jason-kohlmeyer/

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Turning TECHSHOW Topics into a Technology Agenda

Each Spring, ABA TECHSHOW takes center stage as one of the premier legal technology conferences. While there is great value in attending legal tech conferences, all lawyers can benefit simply by seeing what's on the TECHSHOW agenda. Organizers put a lot of thought into their agendas, so we can all learn where to put our technology focus by seeing what topics these shows cover. Dennis Kennedy and Tom Mighell use TECHSHOW 2012 as an example of how to assess your current technological agenda, talk about the major topics being covered at TECHSHOW, and suggest ways you can use the TECHSHOW topic list to set your technology priorities for 2012. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/03/turning-techshow-topics-into-a-technology-agenda/

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Is Your Food Safe?

3,000 Americans die every year from food-borne illnesses. Recent warnings include listeria in lettuce, salmonella in tuna and E. coli in ground beef. So, is the food Americans eat safe? Are the FDA, USDA and federal laws doing enough to keep our food supply free from potentially deadly pathogens? Lawyer2Lawyer co-host and attorney, Craig Williams gets the facts from food safety experts, William Marler, Managing Partner of Marler Clark and Editor of Food Safety News, and Dr. Michael Doyle, the Director of the University of Georgia’s Center for Food Safety.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/is-your-food-safe/

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Helpful Tips for Women Solo Practitioners

New Solo host, Attorney Kyle R. Guelcher, a solo practitioner and the most recent Chair of the Young Lawyers Division of the Massachusetts Bar Association is joined by Attorney Melissa Conner, from the Conner Law Offices out of Boston, Massachusetts, to spotlight women solos. Melissa shares her recommendations on everything from which organizations female attorneys can join when first starting their office, to the benefits of a women’s bar association to how to find a mentor.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/02/helpful-tips-for-women-solo-practitioners/

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Courting Disaster

Twice in the past week, I've met with people who thought it best to seek legal counsel because they didn't do anything.  The way I phrase my questions is not to elicit what they did, but to ascertain what the prosecution alleges they did.  It's not only the more important question, but relieves the pressure of responsibility.  The problem is that the response came back, "I don't know, because I didn't do anything." That's not helpful.

I don't mind these consultations, as I charge for them and these nice folks are on the clock as they tell me what they want to tell me.  But I expect to provide value to everyone who pays me, and these folks are no different.  They've come to me for a reason, and part of my responsibility as a lawyer is to elicit information that enables me to ascertain that reason and address it. But I can't beat them into submission. Well, maybe I can, but it's really not a good practice.

One of the foremost outcomes people want when meeting with a lawyer is to be told they will be fine, they can go home afterward and sleep soundly that night, unafraid of the terrible things that kept them awake the night before.  And some lawyers provide this, "advising" that all will be well and they have nothing to be afraid of.  They say they did nothing, and so they have nothing to fear.

Of course, this is almost always a lie. The other day, Mark Herrmann asked why lawyers are turned into liars.  As some of the commenters at Above the Law suggested (in a shockingly relevant reaction to the post), no one forces lawyers to lie. Rather, it's a matter of convenience and avoidance. Lawyers speak the words that are most advantageous to their position and don't speak the words that are going to get a judge angry with them or compel a client to run for the door.  The problem is that truth isn't what people necessarily want to hear, and lawyers (like pretty much everyone else) prefer to give people what they want to the extent it allows lawyers to get what they want from them.

Clients don't want to know that they are in trouble.  They don't want to hear that they are facing certain choices, none of them good.  Who would?  But telling them what they want to hear doesn't change what they're facing, the choices available to them.  In most instances, whispering sweet words in their ears deprives them of the opportunity to prepare for what they are about to face.  In other words, it often makes the situation worse.

It may well be that they did nothing wrong. It may be that they did nothing from from their unique perspective. It may also be that they did wrong, but refuse to acknowledge it.  Regardless of which it may be, or whether it's some other variation on a theme, a person staring down the barrel of a gun called "prosecution" has a problem, whether they deserve it or not.  Closing your eyes doesn't make the gun go away, it just prevents you from seeing it.

While the phenomenon of denial happens with people regardless of the crimes involved, there is a huge difference between the person arrested, as is usually the case for someone charged with a street crime, and someone who faces the possibility of prosecution, as happens with "white collar" crime.  The latter problem is exacerbated by the pervasive belief that they're not "criminals," they didn't "murder anyone," and therefore it's absurd that anyone should be investigating them or entertaining their prosecution.  "Why don't they go out and catch the real criminals?!?"

I've long despised the characterization "white collar crime," as it perpetuates the misguided belief that it's just a big misunderstanding to be worked out like gentlemen over tea at the United States Attorney's office.  A prosecution for "white collar crime" is just as brutal as any other crime, except it usually involves a lot more paper.  A sentence for a "white collar crime" is just as horrible as a sentence for any other crime, except it's more likely to be served in a camp than supermax, though you can't always count on that either. And few people who perceive themselves as non-criminals are well suited to any incarceration, regardless of ambience.

The point is that if you've been given the opportunity to prepare in advance for the pending storm, don't squander it by embracing denial. You've been handed a gift. Granted, not something that was on your birthday list, but a gift nonetheless. You have the ability to make choices, even if the options suck, and can take action to afford yourself the best possible chance to prevail.  Trust me when I tell you that guys detained pending trial are at an extreme disadvantage. You are free. You can do things to help yourself. You can prepare.

To waste this opportunity is a crime.  The relevant inquiry isn't whether you did anything, but what can you do under the circumstances to help yourself.  If you are mired in denial, you won't do anything.  Yet the gun is still pointed at your head. Seize the opportunity when it's available. Embrace your reality and deal with it.  Nothing else is going to help you, and when you get the knock on the door in the wee hours of the morning, there will be no comfort in believing that you did nothing wrong.



© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2012/09/22/courting-disaster.aspx?ref=rss

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The Senate's stranglehold

Senators left for their home districts in late September after confirming only three district court judges during the month, and they won't be back until after the presidential election. After that, history and current circumstances are not on the side of the nominees, even if President Barack Obama is re-elected.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202573089819&rss=rss_nlj

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Accelerate Your Use of Metrics

Corporate law departments want to improve their use of data and reporting to make smarter, more strategic business decisions - the question is, "how?" In this edition of Tech Experts, join Rashad Porter, Director of Business Intelligence Strategy & Solutions at Datacert, for a discussion of the Legal Business Intelligence Maturity Model. Rashad uses this tool to help you realistically evaluate where your department’s reporting stands now and outline actionable steps you can take towards becoming more strategic in your use of metrics to manage.

Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/08/accelerate-your-use-of-metrics/

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Federal Circuit orders lower court to reconsider Samsung injunction

[JURIST] The US Court of Appeals for the Federal Circuit [official website] ruled [order, PDF] Friday that the US District Court for the Northern District of California [official website] should reconsider an injunction [order, PDF] against Samsung in a patent dispute with Apple [corporate websites]. District Judge Lucy Koh issued the injunction in June against Samsung's Galaxy Tab 10.1 [product backgrounder] and declared [Reuters report] that she could not lift the injunction because Samsung had already appealed. On appeal, the...

Source: http://jurist.org/paperchase/2012/09/federal-circuit-orders-lower-court-to-reconsider-samsung-injunction.php

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Back to School Spotlight on Law Students

It’s about that time of year again where law students brush off the summer days and head back to school. In this very special "Back to School" edition of Lawyer2Lawyer, co-host and attorney, Craig Williams, chats with law students Daren Gottlieb from Western State College of Law in Fullerton, California and Han Fang from New England Law Boston, about why they chose law school, top concerns, personal goals, jobs, competition and next steps after graduation.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/back-to-school-spotlight-on-law-students/

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NSSTA’s Leadership

Whether you are a member or just someone interested in structures, National Structured Settlement Trade Association (NSSTA) is the voice of the industry. Ringler Radio host, Larry Cohen joins colleagues, Randy Dyer, the current President of NSSTA and John Machir, President‑elect of NSSTA, to talk about the bigger issues that are facing the structured settlement industry today and some of the leading items on their agenda for 2012.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/09/nsstas-leadership/

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Not A Typical "Afternoon Delight"

A couple doing something sexual while driving on Interstate 95 in Florida was just the beginning of this escapade. As reported by The Florida Times-Union:

Around 3 p.m. Sunday near the Nassau County line, a man and woman engaged in a sex act were spotted from the another lane. Then the woman, who the report said was “naked and could be seen clearly by everyone in the area,” started to climb into the driver’s lap.

Louis Carr, 24, told deputies the driver, later identified as [Ernest Felix] Gonzales [27], slowed down as soon as he realized people were watching.

Show's over. Go ... No? It's not over?

[Gonzalez] got behind Carr’s pickup and began tailgating and trying to pass.

Carr told deputies that as he drove to his father’s restaurant and bar on U.S. 17 in Yulee, Gonzales tried to run him off the road and into a guardrail.

Yikes.

When Carr pulled into the parking lot, an angry Gonzales jumped out of the sport utility vehicle and [Suzanne] Welker [31] got out with a gun at her side. When a woman at the business told Welker they didn’t want a gun there, it was pointed at her, the report said.

Now she's pointing a gun at a bystander?

When the witnesses told Gonzales and Welker they were calling police, the couple got in their vehicle and left.

Whew. What about the perps?

They were found at their residence in the 3900 block of First Avenue in Fernandina Beach and arrested.

The vehicle and a handgun found in the glovebox were seized.

Doh!

In addition to indecent exposure, Gonzales and Welker were charged Sunday with aggravated assault for pulling a gun, according to the Nassau County Sheriff’s Office.

Here's the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/N0XHiPZTi1s/post_499.html

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2011 Intellectual Property Year in Review and Outlook for 2012 - Part II: Trademarks

Attorney Peter Lando, host of IP Counsel and partner at the firm of Lando & Anastasi, LLP, welcomes John Welch, Of Counsel with Lando & Anastasi, to discuss important trademark cases and issues of 2011 that may continue well into the new year. Peter and John discuss the high profile trademark battle between designers, Christian Louboutin and Yves St. Laurent, over a trademark for the color red for shoe soles; the trademark "bullying" report from the U.S. Commerce Department; recent happenings regarding fraud at the USPTO; the latest cases interpreting the trademark statute on dilution by blurring; and the effect of the recent launch of generic TLD’s on trademark owners.

Source: http://legaltalknetwork.com/podcasts/ip-counsel/2012/02/2011-intellectual-property-year-in-review-and-outlook-for-2012-part-ii-trademarks/

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LawBiz® Legal Pad On the Road: Lessons Learned

What's the difference between a Successful Lawyer and a Challenged Lawyer? They've both got lessons to learn. Watch today as Ed teaches some of the most important ones.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/8NoGqXqkuow/

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New Report Slams L.A. County Sheriff's Department

A new report outlines abuses in the nation's largest jail system. The report contains tough criticism of Los Angeles County Sheriff Lee Baca, who oversees the jails. It accuses him of mismanagement and ignoring years of abuse.

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Source: http://www.npr.org/2012/09/28/161974486/new-report-slams-l-a-county-sheriffs-department?ft=1&f=1070

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Ultrabook Benefits for Attorneys

The big story at the 2012 Consumer Electronics Show was "ultrabooks." This new category of computer stole the thunder, at least for a few days, from tablet computers. Should lawyers be considering ultrabooks in 2012? In this episode, Dennis Kennedy and Tom Mighell take a look at the new world of ultrabooks, whether tablet computers like the iPad are taking over the computer market, and what it all means for traditional notebook computers and desktop PCs.After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/01/ultrabook-benefits-for-attorneys/

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Darksiders II (Xbox 360) (Albuquerque Journal)

Share With Friends: | | Law - Video News, RSS and RSS Feed via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/law/video/250090986?client_source=feed&format=rss

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For Law Firm Success and Profit: Stress Management

Feeling Stressed? On The Un-Billable Hour, host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program welcomes Attorney Eric MacLeish, principal of MacLeish & Woolverton, to talk about how firms can help their attorneys and staff handle the perils of stress.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2011/12/for-law-firm-success-and-profit-stress-management/

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Education Advocacy Clinic at Suffolk University Law School

Isabel Raskin, who runs the Education Advocacy Clinic at Suffolk University Law School, discusses her goals for the clinic, as well as what students enrolled in the clinic experience. Learn more about Ms. Raskin at http://bit.ly/AAPxJa.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/education-advocacy-clinic-at-suffolk-university-law-school/

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Paralegals & Process Servers

Usually a law firm will hand off documents to a process server who will then take care of service. Locating a process server who will do this promptly and ethically is very important. On this edition of The Paralegal Voice, co-host Vicki Voisin joins Adam Camras, co-founder and CEO of LAWgical which operates ServeNow.com. Adam provides tips for locating a reputable process server, red flags paralegals should look for, and the questions they should ask of a process server before making a hiring decision.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2011/12/paralegals-process-servers/

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Twitteright: Finding Protection in 140 Characters or Less

Stephanie T. North JD '11 discusses her article, "Twitteright: Finding Protection in 140 Characters or Less," which was published in the Journal of High Technology Law. Read the article at http://bit.ly/tblf9I.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2011/12/twitteright-finding-protection-in-140-characters-or-less/

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Minnesota makes history in admitting foreign law grad

For the first time in state history, the Minnesota Supreme Court has admitted to practice a graduate from a foreign law school without requiring her to pass the state's bar examination.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202572803789&rss=rss_nlj

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EEOC briefs on line

This is pretty cool.

EEOC briefs are now on line. [Here]

They cover briefs filed in the US Circuit Courts of Appeals in which the EEOC was a party, plus amicus briefs filed in the US Circuit Courts of Appeals, District Courts, and state courts.

And there is a user-friendly search function.

Briefs filed in the US Supreme Court are not in this collection, and can be found through the US Solicitor General's collection [here].

28 Day Free Trial

Custom Alerts

Source: http://www.lawmemo.com/blog/2012/06/eeoc_briefs_on.html

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The Best Paralegal Law Technology Trends

Paralegals need to know the latest trends in law practice and productivity technology to contribute to a successful law practice. For the hottest tech trends, Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin turn to Jared D. Correia, Esq., the Senior Practice Advisor for Massachusetts’ Law Office Management Assistance Program (MASSLOMAP). Jared shares his thoughts on everything from law practice management software, to cloud-based solutions and document management, to remote access and the benefits of social media. A big fan of legal support staffers, he explains why they are a key part of the legal team. This podcast is a must-listen for both paralegals and attorneys!

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/05/the-best-paralegal-law-technology-trends/

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Inside the Trayvon Martin Tragedy

The shooting death of 17 year old Trayvon Martin in Florida has sparked outrage across the country. On February 26, 2012, Trayvon died from a single gunshot to the chest. Police say neighborhood watch captain, George Zimmerman, fired that shot. Zimmerman is using Florida’s "Stand Your Ground" Law to justify the killing. Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, welcome Professor Michelle Jacobs, from the University of Florida's Levin College of Law and Professor Kenneth Novak, Ph.D., Chair of the Department of Criminal Justice at the University of Missouri - Kansas City, to explore the legal issues surrounding the "Stand Your Ground" law, neighborhood watches, and the possibility of racial profiling.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/03/inside-the-trayvon-martin-tragedy/

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Army Brigadier General Faces Sexual Misconduct Charges

Months after his sudden removal from his post in Afghanistan, Army Brig. Gen. Jeffrey Sinclair has been charged with multiple violations of the military's Uniform Code, ranging from wrongful sexual conduct to several rules violations.

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Source: http://www.npr.org/blogs/thetwo-way/2012/09/26/161836990/army-general-faces-sexual-misconduct-charges?ft=1&f=1070

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Madden NFL 13 (Xbox 360) (Albuquerque Journal)

Share With Friends: | | Law - Video News, RSS and RSS Feed via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/law/video/250090989?client_source=feed&format=rss

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Gone Clio with Attorney Jason Kohlmeyer

Listen as Clio co-founder and CEO Jack Newton talks with special guest, Jason Kohlmeyer, a founding attorney of Rosengren Kohlmeyer Law Office in Mankato, Minnesota, who transitioned from a Minnesota-large law firm to his own small law practice. You’ll hear Jack and Jason talk about transitioning to his own firm, and how #cloudcomputing helps make his firm efficient.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2011/12/gone-clio-with-attorney-jason-kohlmeyer/

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Execute a Long-Term Technology Strategy

For today’s corporate law departments faced with the challenge of doing more with less, a legal matter and spend management system is almost an imperative. In this edition of Tech Experts, Mandy Purington, a Managing Director in Datacert’s professional services group, shares best practices and practical tips for keeping your department’s legal matter and spend management system implementation project on-time and on-budget, while also ensuring that it supports your department’s long-term technology strategy.

Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/09/execute-a-long-term-technology-strategy/

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Flippin resigns from William & Mary BOV

Laura Flippin, the northern Virginia lawyer who was found guilty of public intoxication last summer, has resigned from the College of William and Mary Board of Visitors, according to the Virginia Gazette and other media outlets.

Flippin participated in the board’s meetings Thursday, but submitted her letter of resignation to Gov. Bob McDonnell on Friday.

College president Taylor Reveley said Flippin’s experience should be used to “talk more effectively with one another about the dangers of high-risk drinking,” according to the Richmond Times-Dispatch.

Source: http://valawyersweekly.com/vlwblog/2012/09/21/flippin-resigns-from-william-mary-bov/

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The Eureka Moment: How Big Law Has Learned to Love Legal Practice Management

In this September edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Dechert’s Colleen Nihill, firm wide director of project management and Anthony Licata, chief financial officer, and Kim Craig, director of project management office at Seyfarth Shaw, to discuss how Big Law is adopting legal project management, especially in the context of alternative fee agreements. All three were featured in Law Technology News’ current cover story, "The Eureka Moment."

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/09/the-eureka-moment-how-big-law-has-learned-to-love-legal-practice-management/

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Global E-Discovery & Da Silva Moore Technology Assisted Review Case Overview

The era of globalization is colliding with the complexity of litigation, investigations, regulation, arbitration, and compliance in the digital age. In international matters, when the data protection and privacy laws of one country clash with the discovery laws of another country, what recourse is available? On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, Jim Daley, partner at Daley & Fey LLP, to examine the implications of international e-discovery and take a glimpse at the hot-off-the-presses December 2011 publication, "The Sedona Conference® International Principles on Discovery, Disclosure and Data Protection." In addition, on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman analyzes the landmark February 24th 2012 Da Silva Moore v. Publicis Group opinion.

Source: http://legaltalknetwork.com/podcasts/esi-report/2012/03/global-e-discovery-da-silva-moore-technology-assisted-review-case-overview/

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The Eureka Moment: How Big Law Has Learned to Love Legal Practice Management

In this September edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Dechert’s Colleen Nihill, firm wide director of project management and Anthony Licata, chief financial officer, and Kim Craig, director of project management office at Seyfarth Shaw, to discuss how Big Law is adopting legal project management, especially in the context of alternative fee agreements. All three were featured in Law Technology News’ current cover story, "The Eureka Moment."

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/09/the-eureka-moment-how-big-law-has-learned-to-love-legal-practice-management/

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Gone Clio with Attorney Beate Weiss-Krull

Listen as Clio co-founder and CEO Jack Newton talks with special guest, Beate Weiss-Krull, a general practitioner based in Portland, Oregon. You’ll hear Jack and Beate talk about how #cloudcomputing helps her manage her US and German cases, her switch from PC to Mac, ScanSnap and other #paperless productivity tips.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/01/gone-clio-with-beate-weiss-krull/

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The Controversy over Cameras in the U.S. Supreme Court

Should the U.S. Supreme Court broadcast its sessions to the American public or should cameras be kept out of the SCOTUS chamber? Proponents of cameras say they are needed for transparency. Opponents call the idea potentially unconstitutional and harmful. Lawyer2Lawyer co-hosts and attorneys, J. Craig Williams and Bob Ambrogi welcome Nancy Marder, Professor of Law at Chicago-Kent College of Law and Eric P. Robinson, Deputy Director of the Donald W. Reynolds Center for Courts and Media at the University of Nevada in Reno, for an in depth discussion on both sides of this very important issue.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2011/12/the-controversy-over-cameras-in-the-u-s-supreme-court/

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David Lange: Golan, Again

David L. Lange, Melvin G. Shimm Professor of Law at Duke University Law School, revisits the Supreme Court case, Golan v. Holder, discussing the decision and its aftermath. Read more about Professor Lange at http://bit.ly/rw3ueY.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/david-lange-golan-again/

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Ethical Obligations within E-Discovery

On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, Judge Lisa Margaret Smith, from the Southern District of New York, to take a look at ethical obligations within the field e-discovery. In addition, on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman, takes a glimpse at e-discovery frameworks adopted in 2011 in the state of Utah and the Federal District of Delaware.

Source: http://legaltalknetwork.com/podcasts/esi-report/2012/03/ethical-obligations-within-e-discovery/

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Therapeutic Jurisprudence and Employment Law

In this podcast, Professor David Yamada, founding director of the New Workplace Institute at Suffolk University Law School, discusses therapeutic jurisprudence, a movement that is bringing psychological insights to bear on the law and legal practice.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/therapeutic-jurisprudence-and-employment-law/

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America Invents Act: Micro Entity Status for Institutions of Higher Education

Janet Macleod and Christopher Kinkade of Fox Rothschild LLP, discuss their recent article America Invents Act: Micro Entity Status for Institutions of Higher Education. Read the article at http://bit.ly/vFi69v.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2011/12/america-invents-act-micro-entity-status-for-institutions-of-higher-education/

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The Eureka Moment: How Big Law Has Learned to Love Legal Practice Management

In this September edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Dechert’s Colleen Nihill, firm wide director of project management and Anthony Licata, chief financial officer, and Kim Craig, director of project management office at Seyfarth Shaw, to discuss how Big Law is adopting legal project management, especially in the context of alternative fee agreements. All three were featured in Law Technology News’ current cover story, "The Eureka Moment."

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/09/the-eureka-moment-how-big-law-has-learned-to-love-legal-practice-management/

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Courting Disaster

Twice in the past week, I've met with people who thought it best to seek legal counsel because they didn't do anything.  The way I phrase my questions is not to elicit what they did, but to ascertain what the prosecution alleges they did.  It's not only the more important question, but relieves the pressure of responsibility.  The problem is that the response came back, "I don't know, because I didn't do anything." That's not helpful.

I don't mind these consultations, as I charge for them and these nice folks are on the clock as they tell me what they want to tell me.  But I expect to provide value to everyone who pays me, and these folks are no different.  They've come to me for a reason, and part of my responsibility as a lawyer is to elicit information that enables me to ascertain that reason and address it. But I can't beat them into submission. Well, maybe I can, but it's really not a good practice.

One of the foremost outcomes people want when meeting with a lawyer is to be told they will be fine, they can go home afterward and sleep soundly that night, unafraid of the terrible things that kept them awake the night before.  And some lawyers provide this, "advising" that all will be well and they have nothing to be afraid of.  They say they did nothing, and so they have nothing to fear.

Of course, this is almost always a lie. The other day, Mark Herrmann asked why lawyers are turned into liars.  As some of the commenters at Above the Law suggested (in a shockingly relevant reaction to the post), no one forces lawyers to lie. Rather, it's a matter of convenience and avoidance. Lawyers speak the words that are most advantageous to their position and don't speak the words that are going to get a judge angry with them or compel a client to run for the door.  The problem is that truth isn't what people necessarily want to hear, and lawyers (like pretty much everyone else) prefer to give people what they want to the extent it allows lawyers to get what they want from them.

Clients don't want to know that they are in trouble.  They don't want to hear that they are facing certain choices, none of them good.  Who would?  But telling them what they want to hear doesn't change what they're facing, the choices available to them.  In most instances, whispering sweet words in their ears deprives them of the opportunity to prepare for what they are about to face.  In other words, it often makes the situation worse.

It may well be that they did nothing wrong. It may be that they did nothing from from their unique perspective. It may also be that they did wrong, but refuse to acknowledge it.  Regardless of which it may be, or whether it's some other variation on a theme, a person staring down the barrel of a gun called "prosecution" has a problem, whether they deserve it or not.  Closing your eyes doesn't make the gun go away, it just prevents you from seeing it.

While the phenomenon of denial happens with people regardless of the crimes involved, there is a huge difference between the person arrested, as is usually the case for someone charged with a street crime, and someone who faces the possibility of prosecution, as happens with "white collar" crime.  The latter problem is exacerbated by the pervasive belief that they're not "criminals," they didn't "murder anyone," and therefore it's absurd that anyone should be investigating them or entertaining their prosecution.  "Why don't they go out and catch the real criminals?!?"

I've long despised the characterization "white collar crime," as it perpetuates the misguided belief that it's just a big misunderstanding to be worked out like gentlemen over tea at the United States Attorney's office.  A prosecution for "white collar crime" is just as brutal as any other crime, except it usually involves a lot more paper.  A sentence for a "white collar crime" is just as horrible as a sentence for any other crime, except it's more likely to be served in a camp than supermax, though you can't always count on that either. And few people who perceive themselves as non-criminals are well suited to any incarceration, regardless of ambience.

The point is that if you've been given the opportunity to prepare in advance for the pending storm, don't squander it by embracing denial. You've been handed a gift. Granted, not something that was on your birthday list, but a gift nonetheless. You have the ability to make choices, even if the options suck, and can take action to afford yourself the best possible chance to prevail.  Trust me when I tell you that guys detained pending trial are at an extreme disadvantage. You are free. You can do things to help yourself. You can prepare.

To waste this opportunity is a crime.  The relevant inquiry isn't whether you did anything, but what can you do under the circumstances to help yourself.  If you are mired in denial, you won't do anything.  Yet the gun is still pointed at your head. Seize the opportunity when it's available. Embrace your reality and deal with it.  Nothing else is going to help you, and when you get the knock on the door in the wee hours of the morning, there will be no comfort in believing that you did nothing wrong.



© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2012/09/22/courting-disaster.aspx?ref=rss

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Gender Equality in Citizenship Laws

There is great debate over a law that makes it easier for mothers to transmit citizenship to their out-of-wedlock children than it is for fathers. In this edition of the BU Law podcast, host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth welcomes Kristin A. Collins, Associate Professor of Law at BU School of Law, to spotlight the Supreme Court case Flores-Villar v. United States, the importance of gender equality in citizenship laws and reaction to the Supreme Court’s decision.

Source: http://legaltalknetwork.com/podcasts/boston-university-school-of-law/2012/01/gender-equality-in-citizenship-laws/

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Fact checkers are needed

Fact checking should be the backbone of every lawyer. I'm wondering why so many politicians, many of whom are lawyers, fail to fact check, or if they do fact check, fail to tell the full truth in their assertions.

Below is a list of "fact checkers" concerning recent assertions by politicians. Knowing that no political group is immune from "truth" distortions, we'll see what the Dem list looks like after their convention. We'll see if the distortions/lies are about the same issues.

http://abcnews.go.com/blogs/politics/2012/...arter-comments/

http://www.usnews.com/opinion/blogs/robert...small-dumb-lies

http://www.cbsnews.com/8301-250_162-575036...ain;contentBody

http://www.care2.com/causes/top-5-worst-li...-ryan-told.html

http://globalgrind.com/news/paul-ryan-rnc-...ntion-lies-list

Clint Eastwood says lawyers shouldn't be president in reference to Obama, but Romney is a lawyer as well. And as a profession, lawyers have made the greatest contribution to this country. It's truly sad when we as voters cannot rely as factual what is being said and then focus on the issues and values of each perspective. Can we get back to what is truly important?

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/MOKqTQHFbdM/

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Justice Kagan On Clerks: They Improve Her Work

LBers are intimately familiar with the important place that clerks have in the functioning of the Supreme Court.

Source: http://blogs.wsj.com/law/2012/09/21/justice-kagan-on-clerks-they-improve-her-work/?mod=WSJBlog

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Focus on Privacy: The Facebook Internet Tracking Case

Back in May of 2012, Facebook was sued for $15 billion for improperly tracking users even after they logged off the social network. Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc.,and John W. Simek, Vice President of Sensei Enterprises, join Attorney David Straite, partner at Stewarts Law U.S. LLP, Head of Investor Protection Litigation and co-lead counsel in the Facebook Internet Tracking Case, to discuss the main issues of this case including: digital privacy litigation, the current statutory and common law involved in this case, calculation of damages and the future of digital privacy rights.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/07/focus-on-privacy-the-facebook-internet-tracking-case/

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Gone Clio with Attorney Bruce Godfrey

Listen as Clio co-founder Jack Newton talks with special guest, Attorney Bruce Godfrey. Bruce covers everything from the similarities between his dad’s fishing tackle artisan shop and running his law practice, to Clio’s intuitive design, to the perks of going with a unified system for your practice.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/06/gone-clio-with-attorney-bruce-godfrey/

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Technology-Enhanced Television

As rumors of a game-changing new Apple TV begin to swirl, we wonder whether technology will start to change the way we watch television. Or maybe it already has. Does technology always need to have "productive" uses? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell turn to a "non-serious" technology topic for the end of summer, explore ways technology, especially tablets, can enhance your TV viewing experience, and find some surprisingly serious conclusions about where technology is taking us.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/technology-enhanced-television/

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ACLU: US government releases names of Guantanamo prisoners approved for transfer

[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] announced [press release] on Friday that, following a request it made under the Freedom of Information Act (FOIA) [text, PDF], the government has released the names of 55 detainees who were approved for release from Guantanamo Bay [JURIST news archive] in 2010 but have yet to be released. The ACLU said it is happy that the government has taken this step, as the government had previously rejected a FOIA request for...

Source: http://jurist.org/paperchase/2012/09/aclu-us-government-releases-names-of-guantanamo-prisoners-approved-for-transfer.php

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Education Advocacy Clinic at Suffolk University Law School

Isabel Raskin, who runs the Education Advocacy Clinic at Suffolk University Law School, discusses her goals for the clinic, as well as what students enrolled in the clinic experience. Learn more about Ms. Raskin at http://bit.ly/AAPxJa.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/education-advocacy-clinic-at-suffolk-university-law-school/

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Child’s Play: What E-Discovery Teams Can Learn from Kindergarteners

Law Technology Now, host and editor-in-chief of ALM’s Law Technology News, Monica Bay joins U.S. Magistrate Judge David J. Waxse, to discuss his Law Technology News article, Child’s Play. Judge Waxse discusses nine ways e-discovery teams can follow the lead of elementary school students and cooperate with their opponents by listening, sharing, compromising and more.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/07/childs-play-what-e-discovery-teams-can-learn-from-kindergarteners/

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NLRB invites briefs on whether faculty members are employees.

The National Labor Relations Board is inviting briefs from interested parties on the question of whether university faculty members seeking to be represented by a union are employees covered by the National Labor Relations Act or excluded managers.

[Official Notice]

The case is Point Park University (06-RC-012276). [Case documents] At this Pittsburgh-based university, faculty members petitioned for an election and voted in favor of representation by the Communications Workers of America, Local 38061. However, the university challenged the decision to hold the election, claiming that the faculty members were managers and therefore ineligible for union representation.

The case ultimately was presented to the U.S. Court of Appeals for the D.C. Circuit, which remanded it to the Board for a fuller explanation of its original conclusion that the faculty’s role at the university is not managerial. Specifically, the court asked the Board to identify which of the factors set forth by the Supreme Court in its 1980 decision NLRB v. Yeshiva University are most significant in deciding whether faculty members are statutory employees or managers.

After a new decision by an NLRB Regional Director again concluded that the Point Park faculty members were statutory employees, the Board granted the University’s request to take up the issue once more.

To aid the Board in addressing the matters raised in the court’s remand, the Board has invited briefs. In its Notice and Invitation to File Briefs, the Board listed eight questions that the briefs should address. and invited submissions of empirical and practical evidence. Briefs should be filed with the Board on or before July 6, 2012.

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Source: http://www.lawmemo.com/blog/2012/05/nlrb_invites_br_3.html

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OPINION: Eminently reasonable

Using the power of eminent domain to restructure underwater mortgages is constitutional, beneficial and administratively feasible.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202572203513&rss=rss_nlj

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America's First Great Depression: Economic Crisis and Political Disorder after the Panic of 1837

Alasdair Roberts, Suffolk Law's Rappaport Professor of Law and Public Policy, discusses his upcoming book and how it relates to the United States economy today. Learn more about Professor Roberts at http://bit.ly/zTKaZP.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/01/americas-first-great-depression-economic-crisis-and-political-disorder-after-the-panic-of-1837/

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Legal Issues Surrounding the Colorado Movie Massacre

The Aurora, Colorado movie theater massacre left 12 people dead and 58 wounded. The latest mass shooting in America brings up many legal issues on a national scale, including gun control, the insanity defense, liability and the death penalty. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, analyze the legal arguments of this case with Professor Adam Winkler from UCLA School of Law and Professor Daniel Filler from the Earle Mack School of Law at Drexel University.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/legal-issues-surrounding-the-colorado-movie-massacre/

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Not Even Nifong?

Not that it's the worst example of abuse ever, but when you look prosecutorial misconduct up in the dictionary, you see a picture of MIke Nifong, the former Durham, North Carolina district attorney.  His prosecution of three innocent Duke University lacrosse players remains a shining example of why prosecutors can't be left to their own devices.

And yet, even Nifong's outrageous conduct may not be enough to get a Fourth Circuit panel to let the case proceed, as appears from oral argument.  From the Durham Herald-Sun:

Federal appeals judges reviewing the lawsuits spawned by the Duke lacrosse case voiced unease Tuesday about the chances of their becoming a flawed precedent for the law in five states.

“The question I have about this whole case is whether a bad case makes for some very bad law,” said Judge Harvie Wilkinson III, who’s chairing the three-judge panel that will rule on the city of Durham’s government-immunity claims.

The fear is that stripping Nifong of qualified immunity could lead to, well, bad prosecutors not having qualified immunity, followed shortly thereafter by the sun colliding with the earth.

“What we do here is not just the Duke case,” noted Judge Roger Gregory, the panel’s third member. “It’s going to apply to everybody.”

The notion of prosecutors, or more precisely, the government entities for whom they work, being held accountable for their deliberate wrongdoing clearly shook up the judges.  While it might be one thing for Nifong, already outed, disbarred and jailed for a day, the judges recognize that their ruling will stand as precedent against prosecutorial misconduct, to be used against others whose conduct isn't as well known or universally reviled.

Lawyers for Durham made the usual arguments, that a grand jury indicted and immunity attaches.  After all, it's not like there was no evidence to support the case, as there was always stripper Crystal Mangnum's allegation that she was raped.  It's not Nifong's fault it wasn't true.

Motz summed up the players’ countering argument. “Conspiracy to frame people, I don’t think there’s qualified immunity for that,” she said.

But Wilkinson signaled that he’s uncomfortable with the conspiracy arguments because they could impinge on the normal, day-to-day interactions between police and prosecutors.

“The whole criminal-justice system depends on fairly free and open communication between police and prosecutors. It’s absolutely basic,” he said. “You inject civil liability into the midst of that communication, you could disrupt the candor of it.”

Here lies the crux of the problem, that the law is more concerned with the ease of prosecution, of police/prosecutor communications, then it is with its integrity.  "Get it done" is elevated over "get it right."

This is where many people fail to appreciate the extent of deference the law, and the judges, show cops and prosecutors.  This is what gives rise to the anger that "ignorance of the law" is a one-way street, where defendants are prosecuted, convicted and imprisoned for hypertechnical violations of trivial laws and regulations while police and prosecutors can get the law wrong, often way wrong, with impunity.

To some extent, those charged by government to enforce law, and thereby prevent crime and maintain order in society, must be given certain latitude to do their job without fear that they will held personally accountable for a mistake.  If that were the case, it could paralyze law enforcement, and thus prevent its ability to function and fulfill its purpose. 

Whenever something goes terribly wrong, it's easy to understand why people demand better.  At the same time, it's critical to remember that they don't exist for their own sake (even though it often seems that way), but for ours.  There are bad people out there, violent people, and we need law enforcement to protect us from them.  When a cop stares down a rapist, it's absurd to demand that he first check his pocket book of statutes to make sure all the elements have been met before preventing insertion.  Given the focus on police and prosecutorial misconduct and abuse, it's easy for forget that they also do good.  And sometimes, in the course of doing good, they make mistakes.  But they do so on our behalf.

Yet that doesn't give rise to carte blanche, for a prosecutor bent on playing out a public fraud for a crime that he should have known never happened, and hanging out three students, not to mention smearing the rest, while making himself a national hero standing atop an indictment built on lies.

The dividing line appears to be objective good faith, where a cop or prosecutor can no longer hide behind the pretense that he thought he was on the side of the angels when he knew damn well what he was doing.  Clearly, subjective good faith would never work, as it's far too easy for scoundrels to hide behind the claim that they believed, and often still do, that an innocent person was guilty.  Even in many of the DNA exoneration cases, prosecutors maintain that the failure is in the proof, not in the fact of guilt.  They remain absolutely convinced that the person they put on death row was guilty, though the DNA says otherwise.

The problem with such a test is that it would require courts to do something for which they have proven themselves particularly poorly suited: concluding that a cop or prosecutor has crossed the line. Given any chance, any explanation no matter how facile, to chalk up a disastrous prosecution to an innocent mistake by otherwise honorable prosecutors, and that's where they go.  Calling out a prosecutor for deliberate impropriety is like ripping out their heart, something judges just can't seem to do.

With the case of Mike Nifong before them, the Fourth Circuit has the poster boy for prosecutorial misconduct, perhaps the one district attorney whose heart they would be willing to rip from his chest and hold in their hands.  But then, their ruling will be precedent for others, the lesser-known, lesser-hated bad prosecutors whose conduct isn't all that different from Nifong's.  Are they up to the challenge?

Added: A twit by Edward Wiest on this post made a great point:

Hard cases can/will make bad law--either way.

H/T FritzMuffKnuckle

© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2012/09/19/not-even-nifong.aspx?ref=rss

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