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Friday, November 30, 2012
Civility as an Art Form in Diplomacy and the Law
Civility is a skill in the management of differences, disagreements and conflict and is good for the law profession. So how essential is civility to the legal profession? And is it practiced well by lawyers? Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Dick A. Semerdjian from the firm Schwartz Semerdjian Ballard & Cauley LLP and chair of the ABA Tort Trial and Insurance Practice Section (TIPS), to discuss the status of civility in the legal profession.
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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The Law and the Liability of Eugenics
For decades, a program called Eugenics gave state boards the right to deem someone "unfit to procreate." The outcome of this was 66,000 Americans were selectively sterilized between the late 1920’s and the 1980’s. Lawyer2Lawyer co-host and attorney J. Craig Williams welcomes Professor Alfred Brophy, from the University of North Carolina School of Law and Attorney James Bowden from Waller Lansden, to discuss this controversial practice, the US Supreme Court’s shocking decision on eugenics and why forced sterilization "is" technically constitutional.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/02/the-law-and-the-liability-of-eugenics/
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Planning for Your Digital Estate
With so much of your key information and assets migrating online, it’s a challenge to remember all your passwords and accounts. So just imagine the headaches your spouse or family will have trying to figure it all out once you pass away. On this Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss how to prepare your “digital estate” before death or incapacity. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.
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Maximize Your Technology Investment
All too often, law departments underestimate the powerful impact that training can have on a software implementation project. In fact, as a key driver of user adoption, training can be the difference between a project’s ultimate success or failure. In this edition of Tech Experts, join Kevin Gaudet, Director of Instruction and Training Development at Datacert, as he guides you through best practices for planning and executing an effective training and knowledge transfer strategy that will drive user adoption of your new system and help maximize your return-on-investment.
Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/08/maximize-your-technology-investment/
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Using Document Assembly Tools to Improve Your Firm
Find out how document assembly tools can increase efficiency and profits at your firm on The Un-Billable Hour. Host and Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program and Diane Ebersole, practice management advisor for the State Bar of Michigan explain how document assembly applications have advanced in the last few years and how these applications can increase the bottom line for your law firm.
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What Should Solos Be Charging?
Are you confused about what to charge your clients? New Solo host and solo practitioner, Attorney Kyle R. Guelcher talks to Attorney Jeremy Byellin, from Byellin Law, PLLC, about how a solo can determine how much to charge, the Laffey Matrix, the pros and cons of charging flat rates to clients and offers advice on how to communicate fees during the initial client meeting.
Source: http://legaltalknetwork.com/podcasts/new-solo/2012/07/what-should-solos-be-charging/
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What’s Trending in 2012?
Decriminalizing medical marijuana, fighting to repeal healthcare reform and using social media as evidence are just a few of the topics trending in the legal industry in 2012. Lawyer2Lawyer co-host and attorney, J. Craig Williams discusses the hottest trends currently transforming the legal world with attorney and legal trend-watcher Danny Cevallos, the founding partner of Cevallos & Wong, L.L.P.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/01/what%E2%80%99s-trending-in-2012/
Thursday, November 29, 2012
Video Conferencing for Lawyers
Video conferencing can be a very effective and economical tool for law firms and corporate law departments, as long as the correct choices are made. Find out how to choose the correct video conferencing technology for you when Monica Bay, host of Law Technology Now and editor-in-chief of ALM’s Law Technology News, interviews Steven Levy, principal of Seattle-based Lexician.
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/05/video-conferencing-for-lawyers/
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What's New in the Structured Settlement Industry for 2012
On Ringler Radio, host Larry Cohen welcomes Ross Duncan, the newly appointed Chairman of the Board of Ringler Associates. Ross and Larry discuss the current status of the settlement industry and the direction Ringler Associates is headed in 2012. In addition, Ross explains how to adapt to changes in the industry, how his colleagues can benefit from Ringler's new website and his personal goals for the year.
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Law School Classmates Arrested in Insider Trading Case
Two law school classmates—one currently working as a lawyer in Colorado—were accused Thursday of trading on inside information ahead of a $1.2 billion acquisition by computer maker IBM in 2009.
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Future OS: Windows 8, Apple Mountain Lion and Beyond
Has it really been three years since the introduction of Windows 7? Surveys indicate that Windows XP users still outnumber Windows 7 users. Recent announcements indicate that we'll be seeing both Windows 8 and a new Mac OSX update called Mountain Lion in 2012. In this episode, Dennis Kennedy and Tom Mighell take a look at what we have now learned about operating system updates, the current state of operating systems, and what our future operating systems might look like. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.
Online Reputation Management for Lawyers
What are people saying about you online? What if the comments are negative? How can you protect your good name? In an environment where online reviews are common, Legal Toolkit host Jared Correia, Law Practice Advisor with Mass. LOMAP,, and Conrad Saam, Vice President of Marketing at Urbanspoon, discuss online reputation management for lawyers. Conrad and Jared cover the importance of tracking online mentions, and the methods for doing so. They also address the rising vitality of local search and the usefulness in dominating vanity search.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/02/online-reputation-management-for-lawyers/
Court of Appeals finalists named
Bratvold is currently a shareholder with Briggs and Morgan P.A. and is an adjunct professor at the University of St. Thomas School of Law. Previously, she was a partner and associate attorney with Rider Bennett, LLP and an attorney with Fettelry & Gordon P.A. Throughout her practice, Bratvold has focused on civil appeals and advice to clients and trial counsel.
Hampton-Flowers is a Deputy City Attorney for the City of St. Paul where she manages the Civil Litigation Division and represents the city in various civil lawsuits. Prior to working with the City of St. Paul, she served as the Litigation Manager and Claims Officer for the Minnesota Department of Corrections and as the Assistant Attorney General for the State of Minnesota. Hampton-Flowers has also been a faculty member for Metropolitan State University and the Minnesota Institute of Legal Education.
Judge Smith has served as a Ninth Judicial District Court judge since his appointment by Governor Arne Carlson in 1991. He has served as both Chief Judge and Assistant Chief Judge of the Ninth Judicial District, and has served as Vice Chair of the Minnesota Judicial Council. He is the current President of the Minnesota District Judges Association. Prior to his appointment in 1991, Judge Smith was a civil trial specialist with the firm of Smith and Hunter.
The interviews will take place over the next few weeks.
Source: http://minnlawyer.com/minnlawyerblog/2012/11/14/court-of-appeals-finalists-named/
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Ouch! Lessons Learned from the Morgan Lewis’ Redaction Disaster
Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc.,and John W. Simek, Vice President of Sensei Enterprises, join Christine Musil, the Director of Marketing for Informative Graphics, as they take on the Morgan Lewis’ Redaction Disaster. In that case, Morgan Lewis accidentally filed an exhibit that contained unredacted information, information its client had spent a lot of money to protect from disclosure. Christine explores the most common redaction mistakes, how these mistakes can be avoided and the benefits and pitfalls of electronic redaction vs. the traditional paper-based method.
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Find Now, Read Later
We can find almost anything on the Internet, but retrieving the results at a later date isn’t as easy. Are there ways to “harvest” the web so we can find and read relevant research at a later time? Kennedy-Mighell Report hosts Dennis Kennedy and Tom Mighell, answer this question by sharing ways to save and keep track of web research, the resources for reading web findings later or offline, and whether techniques like capturing a blog post on a Kindle or iPad really help us with the problem of information overload.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/find-now-read-later/
Second Circuit Holds That SEC Need Not Prove "Proximate Cause" for Aiders and Abettors Under Section 20(e) of the Securities Exchange Act of 1934
In SEC v. Apuzzo, 2012 WL 3194303 (2d Cir. Aug. 8, 2012), the United States Court of Appeals for the Second Circuit clarified the standard for finding liability for aiding and abetting under Section 20(e) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78t(e). Under Section 20(e), the Second Circuit held, the Securities and Exchange Commission (“SEC”) need not show that an aider and abettor “proximately caused” the harm on which the primary violation was predicated. Instead, the SEC need only show that the aider and abettor “in some sort associated himself with the venture, that he participated in it as in something he wished to bring about, and that he sought by his action to make it succeed.” In Appuzo, the Second Circuit has clarified that the SEC need only plead this level of participation — and not proximate causation — to adequately allege that an aider and abettor meets the “substantial assistance” prong of Section 20(e).
Apuzzo centered around a series of three-way transactions designed to allow the primary violators — United Rental, Inc. (“URI”), an equipment rental corporation, and its chief financial officer (“CFO”), Michael Nolan — to book sales improperly in violation of generally accepted accounting principles (“GAAP”). In order to facilitate this transaction, URI enlisted Terex Corporation (“Terex”), a construction equipment manufacturer, and, more specifically, Terex’s CFO, Apuzzo, to assist it in improperly booking revenue.
As structured, URI would sell equipment to General Electric Credit Corporation (“GECC”), a financing corporation, which would then lease back the same equipment to URI. GECC, however, would participate only if someone would guarantee that the equipment could be re-sold at a certain rate of return. Terex provided GECC with such a guaranty. Terex, in turn, was secretly indemnified by URI, which also promised to buy Terex’s products to improve Terex’s year-end sales. URI would disguise the indemnification payments by overpaying for Terex’s products. By arranging the transaction this way, URI would be able to immediately recognize revenue from the transaction, but in a way that violated GAAP.
The SEC brought a civil action against Apuzzo under Section 20(e) of the Exchange Act. Under Section 20(e), the SEC — but not private litigants — can bring a civil action against “aiders and abettors of securities fraud.” Any person who “knowingly provides substantial assistance to a primary violator” — the main actor(s) accused of perpetuating a securities fraud — can be liable under Section 20(e). To prove aiding and abetting liability the SEC must show: “(1) the existence of a securities law violation by the primary (as opposed to the aiding and abetting) party; (2) knowledge of this violation on the part of the aider and abettor; and (3) substantial assistance’ by the aider and abettor in the achievement of the primary violation.”
Apuzzo did not seriously challenge that he had had knowledge of the primary violation. Nevertheless, Apuzzo moved to dismiss the SEC’s civil complaint on this ground that he was not the proximate cause of the sale-leaseback scheme. In the absence of proximate cause, he argued, he could not be found to have “substantially assisted” the primary violation. The United States District Court for the District of Connecticut agreed, and granted the motion to dismiss. The SEC appealed.
The Second Circuit reversed. The Court held that the “substantial assistance” prong of Section 20(e) does not require the SEC to show proximate causation. Quoting Judge Learned Hand, the Second Circuit concluded that under Section 20(e), the SEC need only show that Apuzzo “in some sort associated himself with the venture, that the defendant participated in it as in something that he wished to bring about, and that he sought by his action to make it succeed.”
“Proximate cause,” the Court held, was “the language of private tort actions”; it did not apply to SEC actions where the purpose was “deterrence, not compensation.” Forcing the SEC to prove causation, the Second Circuit reasoned, would lead to “many if not most aiders and abettors” escaping liability because, “almost by definition, the activities of an aider and abettor are rarely the direct cause of the injury brought about by the fraud.”
Having rejected the “proximate cause” test, the Second Circuit concluded that Apuzzo had “provided substantial assistance to” URI in carrying out the fraud. Why? Apuzzo had agreed to participate in the fraudulent sale-leaseback transaction, had “negotiated the details of those transactions,” had profited from those transactions and had “approved and signed separate agreements with GECC and URI, which he knew were designed to hide URI’s continuing risks and financial obligations.”
In weighing whether this amounted to “substantial assistance” under Section 20(e), the Court concluded that Apuzzo’s high degree of knowledge of the transaction was highly relevant; “a high degree of knowledge may lessen the SEC’s burden in proving substantial assistance.” Having rejected the proximate cause analysis of the district court, the Second Circuit reversed and remanded the case for further proceedings before the district court.
Apuzzo greatly clarifies the standard for finding liability under Section 20(e) for aiders and abettors. Now, to prove the “substantial assistance” prong of 20(e), the SEC need not prove that the aider and abettor was the proximate cause of the fraudulent scheme. Instead, even if the aider and abettor’s role was incidental, the key inquiry in assessing “substantial assistance” is whether the aider and abettor “in some sort associated himself with the venture, that the defendant participated in it as in something that he wished to bring about, and that he sought by his action to make it succeed.” Courts in the Second Circuit will weigh the degree of the aider and abettor’s knowledge in making this inquiry.
For further information, please contact John Stigi at (310) 228-3717 or Martin White at (415) 774-3233.
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Supreme Court orders rehearing in health care case
[JURIST] The US Supreme Court [official website] on Monday remanded [order list, PDF] Liberty University v. Geithner [docket; JURIST report] to the US Court of Appeals for the Fourth Circuit [official website]. The court ordered the lower court to re-consider the case in light of National Federation of Independent Business v. Sebelius [JURIST report]. The Fourth Circuit previously dismissed [JURIST report] the suit as untimely. The suit's original petition for certiorari [text, PDF] questioned whether the Patient Protection and Affordable...
Source: http://jurist.org/paperchase/2012/11/supreme-court-orders-rehearing-in-health-care-case.php
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Wednesday, November 28, 2012
International Law Opportunities at Suffolk University Law School
Professor Christopher Gibson, Associate Dean, & Ian Menchini, Director of Electronic Marketing and Enrollment Management discuss the many opportunities available through Suffolk Law's International Law program. Learn more at http://bit.ly/I95LF3.
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Senior U.S. District Judge David Hittner
Senior U.S. District Judge David Hittner of the Southern District of Texas shares tips for trying cases in his courtroom with senior reporter Brenda Sapino Jeffreys.
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IRS Issues Proposed Regulations To Make International Grant-Making By Private Foundations Easier
On September 24, 2012, the IRS issued Proposed Regulations §§ 53.4942(a)-3 and 53.4945-5 in order to reduce barriers to international grant-making made by private foundations. Secretary of State Hilary Clinton announced the guidance during an address at the Clinton Global Initiative. In particular, the new guidance modernizes the process of evaluating whether a foreign non-governmental organization is equivalent to a U.S. public charity for purposes of charitable giving.
Background
To avoid excise taxes, private foundations must, among other things, make a minimum level of “qualifying distributions” and must avoid making “taxable expenditures”. In general, under the current regulations grants for charitable purposes to certain foreign organizations (that do not already have a determination letter from the IRS) may be treated as qualifying distributions as well as grants that are other than taxable expenditures if the private foundation makes a good faith determination that the foreign organization is the equivalent to a U.S. public charity or an exempt operating foundation. Such determination should be based on an affidavit of the grantee or an opinion of counsel of either the grantor or grantee. The affidavit or opinion must set forth sufficient facts concerning the operations and support of the grantee demonstrating that the grantee would be likely to qualify as a public charity.
The Proposed Regulations
The proposed regulations broaden the range of professionals on whose written advice a private foundation may rely when making “a good faith determination” that the foreign organization is the equivalent to a U.S. public charity or an exempt operating foundation. Under the new rules, in addition to being able to rely on an affidavit of the grantee or an opinion of counsel of either the grantor or grantee, a private foundation’s good faith determination may also be made based on the written advice of a “qualified tax practitioner” who is subject to the requirements of Circular 230. This includes attorneys, certified public accountants (CPAs) or enrolled agents. It would not include foreign counsel unless such counsel was subject to the requirements of Circular 230 (e.g. the foreign practitioner was also licensed in the U.S.).
Effective Date
While the IRS has requested comments before adopting these proposed regulations as final, private foundations may begin relying on the proposed regulations immediately.
Other Considerations
The IRS is requesting comments on the foregoing, and is also considering the following:
- Should there be a limit to the timeframe during which a private foundation may be permitted to rely upon a qualified tax practitioner’s written advice?
- Should the current regulations be amended to remove the ability of a private foundation to base a good faith determination on an affidavit of a foreign grantee?
Contact
For further information, please contact David Ulich at (310) 228-2274 or Danica Dodds at (310) 228-2274.
Disclaimer
This update has been prepared by Sheppard, Mullin, Richter & Hampton LLP for informational purposes only and does not constitute advertising, a solicitation, or legal advice, is not promised or guaranteed to be correct or complete and may or may not reflect the most current legal developments. Sheppard, Mullin, Richter & Hampton LLP expressly disclaims all liability in respect to actions taken or not taken based on the contents of this update.
Lawyer2Lawyer: A Retrospective
We started Lawyer2Lawyer back in August of 2005 with the idea of providing quality content and discussion of timely legal news and information for the legal profession with regularly published podcasts and often videos too. Since our inception, we have set the precedent for legal podcasting in numbers of listeners globally, but more importantly, we’ve been one of the leaders in great content - our priority over the past 7 years. On this final edition of Lawyer2Lawyer, hosts Bob Ambrogi and Craig Williams, talk about their personal experiences over the years with this legal podcast.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/lawyer2lawyer-a-retrospective/
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NLRB Member Terence Flynn resigns
NLRB Member Terence F. Flynn submitted his resignation to the President and to NLRB Chairman Mark Gaston Pearce on May 26.
His resignation is effective July 24, 2012. He has immediately recused himself from all agency business and has asked that the President withdraw his nomination for Board Member of the NLRB.
The NLRB’s Inspector General recently issued two reports on allegations of improper conduct by Member Flynn during the period when he was serving as a Chief Counsel to Member Peter Schaumber.
Flynn was sworn in as a Board Member on January 9, 2012, following a recess appointment by the President.
Flynn's resignation leaves the Board with four Members - three Democrats and one Republican.
Source: http://www.lawmemo.com/blog/2012/05/nlrb_member_ter.html
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It’s a Blog Eat Blog World: Legal Blogs and the Solo Practitioner
Are you looking to start your own blog but don’t know where to begin? 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 joins legal blogger, legal technology guru and co-host of Legal Talk Network’s Lawyer2Lawyer, Attorney Bob Ambrogi, to offer tips to solos on starting your own blog. Bob talks about everything from which platform is best, to what type of information you should contribute as a blogger, to how to promote your blog and stand out from the others.
Happy Thanksgiving
Farewell, until Friday, LBers. Give thanks for the rule of law.
Source: http://blogs.wsj.com/law/2012/11/21/happy-thanksgiving/?mod=WSJBlog
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Gone Clio with Attorney Andrew Kawel
Listen as Clio co-founder Jack Newton talks with special guest, Andrew Kawel, founder of Kawel PLLC. You'll hear Jack and Andy discuss switching to Mac to minimize time and frustration in doing certain non-billable and labor intensive tasks, Dropbox, Google Voice, Google Apps and the cloud.
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/02/gone-clio-with-attorney-andrew-kawel/
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Judge attaches millions in assets of pharmacy linked to meningitis outbreak
A Boston federal judge has attached $5 million of assets belonging to New England Compounding Pharmacy, a company linked to a fungal meningitis outbreak that caused 36 deaths. The order also preliminarily enjoined the company from issuing dividends to its stockholders or paying non-customary bonuses.
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Tuesday, November 27, 2012
Gone Clio with Attorney Andrew Legrand
On Gone Clio, Clio co-founder Jack Newton talks with special guest, New Orleans lawyer, Andrew Legrand. Andrew discusses his method for being completely paperless, disaster recovery and cloud storage, Clio’s Maildrop feature and shares his thoughts on the online law practice model.
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/06/gone-clio-with-attorney-andrew-legrand/
Living in a Public Beta
There’s been a lot of discussion lately about what many see as Apple’s stumble with its maps application in iOS 6. Bryan Wolfe on AppAdvice.com recently asked "Did I Miss The Memo From Apple Making Us All Beta Testers?" From operating systems to software to apps to web services, we often find that new products and services don’t’ quite feel finished. In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss changing expectations in a world of fast and frequent software releases and updates, the challenge for lawyers wanting stability with their technology, and ways to cope with what feels like living in a giant public beta test.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/10/living-in-a-public-beta/
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SJC Ruling on Foreclosures
Kathleen C. Engel, law professor and Associate Dean for Intellectual Life at Suffolk Law School, discusses the Massachusetts foreclosure crisis and actions being taken against four major banks. Learn more about Dean Engel at http://bit.ly/hBaALX.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/sjc-ruling-on-foreclosures/
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Transvaginal Mesh Complications and Litigation
Serious complications stemming from transvaginal mesh prompted an FDA warning and lawsuits by women against device manufacturers. On this Ringler Radio podcast, host Larry Cohen joins co-host, Heather Anderson and guest, Attorney Leigh O'Dell from the Beasley Allen law firm, to discuss the dangers, litigation, physical complications, Leigh’s role on the Plaintiffs’ Steering Committee and next steps.
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Gone Clio with Paul "Woody" Scott
Listen as Clio co-founder Jack Newton talks with special guest, Attorney Paul "Woody" Scott, founder of The Scott Law Firm, based in Louisiana. Jack and Woody talk about Dropbox and its integration with Clio, disaster recovery and how digital and the cloud can save on overhead in your firm.
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/04/gone-clio-with-paul-woody-scott/
Judge Scheindlin’s Collection Case and Florida E-Discovery Amendments
One of the attributes that makes for a great e-discovery lawyer is the ability to wade through the digital mire that separates preservation from collection. The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins e-discovery expert David Kearney, Director of Technology Services at Cohen & Grigsby, to discuss Judge Shira Scheindlin’s recent opinion in the case, National Day Laborer Organizing Network et al. v. United States Immigration and Customs Enforcement Agency, et al. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman analyzes recent e-discovery amendments to the Florida Civil Procedure Rules.
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New iPad, New Decisions
Apple just announced the newest version of the iPad, setting the Internet abuzz with anticipation and speculation. Is this next big thing? More importantly, must this be your next tech purchase? In this episode, Dennis Kennedy and Tom Mighell discuss the new iPad announcement and reactions, what the new iPad brings to the table, and whether lawyers should expect to see a new iPad in their possibly post-PC futures. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/03/new-ipad-new-decisions/
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Legal Crackdown on Human Trafficking
Human trafficking is "modern-day slavery." And if you think it isn’t happening near you, think again. The United Nations estimates nearly 2.4 million people may be the victims of this crime. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams take a legal look at this troubling issue with Professor Bridgette Carr from the University of Michigan Law School, Attorney Ann Johnson from Houston, Texas and Mary C. Ellison, Director of Policy for Polaris Project.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/legal-crackdown-on-human-trafficking/
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The U.S. Supreme Court’s Golan v. Holder Decision
On this edition of IP Counsel, host Attorney Peter Lando, partner at the firm of Lando & Anastasi, LLP, welcomes returning guest, Mary Wong, Director of the Franklin Pierce Center for Intellectual Property at the University of New Hampshire School of Law, to discuss the recent U.S. Supreme Court decision in Golan v. Holder. The Golan decision upheld a law that restored copyright protection to foreign works that were once in the public domain and makes clear that Congress has broad discretion with regard to copyright and other intellectual property protection. Peter and Mary discuss the procedural history of the case and the significance of the decision.
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Monday, November 26, 2012
DIVERSITY: A SPECIAL REPORT: Midsize is middling when it comes to diversity
They find it hard to compete with larger firms in larger cities, but appear positioned for improvement if they choose.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202578615558&rss=rss_nlj
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NLRB: Firing for Facebook posting was legal
Let the NLRB's press release tell the story:
The National Labor Relations Board has found that the firing of a BMW salesman for photos and comments posted to his Facebook page did not violate federal labor law, because the activity was not concerted or protected. [Decision here]The question came down to whether the salesman was fired exclusively for posting photos of an embarrassing and potentially dangerous accident at an adjacent Land Rover dealership, or for posting mocking comments and photos with co-workers about serving hot dogs at a luxury BMW car event. Both sets of photos were posted to Facebook on the same day; a week later, the salesman was fired from Knauz BMW in Lake Bluff, IL.
The Board agreed with Administrative Law Judge Joel P. Biblowitz, who found after a trial that the salesman was fired solely for the photos he posted of a Land Rover that was accidently driven over a wall and into a pond at the adjacent dealership after a test drive. Both dealerships are owned by the same employer.
In a charge filed with the NLRB, the salesman maintained that he was principally fired for posting photos and sarcastic comments about his dealer serving hot dogs, chips and bottled water at a sales event announcing a new BMW model. “No, that’s not champagne or wine, it’s 8 oz. water,” the salesman commented under the photos. Following an investigation,the regional office issued a complaint. Judge Biblowitz found that this activity might have been protected under the National Labor Relations Act because it involved co-workers who were concerned about the effect of the low-cost food on the image of the dealership and, ultimately, their sales and commissions.
The Land Rover accident was another matter. A salesperson there had allowed a customer’s 13-year-old son to sit behind the wheel following a test drive, and the boy apparently hit the gas, ran over his parent’s foot, jumped the wall and drove into a pond. The salesman posted photos of the accident with sarcastic commentary, including: “OOPS”.
The National Labor Relations Act protects the group actions of employees who are discussing or trying to improve their terms and conditions of employment. An individual’s actions can be protected if they are undertaken on behalf of a group, but the judge found, and the Board agreed, that was not the case here.
As Judge Biblowitz wrote, “It was posted solely by [the employee], apparently as a lark, without any discussion with any other employee of the Respondent, and had no connection to any of the employees’ terms and conditions of employment. It is so obviously unprotected that it is unnecessary to discuss whether the mocking tone of the posting further affects the nature of the posting.” Because the posts about the marketing event did not cause the discharge, the Board found it unnecessary to pass on whether they were protected.
However, the three-member panel differed in its opinions of a “Courtesy” rule maintained by the employer regarding employee communications. Chairman Mark Gaston Pearce and Member Sharon Block found the language of the rule to be unlawful because employees would reasonably believe that it prohibits any statements of protest or criticism, even those protected by the National Labor Relations Act.
Dissenting, Member Brian E. Hayes found that the employer’s rule was “nothing more than a common-sense behavioral guideline for employees” and that “nothing in the rule suggests a restriction on the content of conversations (such as a prohibition against discussion of wages)”.
The Board ordered Knauz BMW to remove the unlawful rules from the employee handbook and furnish employees with inserts or new handbooks. The decision, dated Sept. 28 but made public today, was the Board’s first involving a discharge for Facebook postings; other such cases are pending before the Board.
Source: http://www.lawmemo.com/blog/2012/10/nlrb_firing_for.html
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Video Conferencing for Lawyers
Video conferencing can be a very effective and economical tool for law firms and corporate law departments, as long as the correct choices are made. Find out how to choose the correct video conferencing technology for you when Monica Bay, host of Law Technology Now and editor-in-chief of ALM’s Law Technology News, interviews Steven Levy, principal of Seattle-based Lexician.
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/05/video-conferencing-for-lawyers/
Legal Translation Services for Law Firms
When should a law firm consider either translation or interpretation services? Jared Correia, the host of The Legal ToolKit and Law Practice Management Advisor with Mass. LOMAP gets the answer from George Rimalower, founder and president of ISI Translations, Inc. Jared and George also explain the benefits of using a translation service and how these services can boost your legal firm’s bottom line.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/06/legal-translation-services-for-law-firms/
Police Perjury: Is The Tide Turning?
It's not that police testifying to whatever it is they need to accomplish the greater good of convicting people they decide deserve convicting is new. But even when caught lying, there was always an excuse, an apology, a rationalization to cover it. And life went on.
This is what makes the conviction of two Los Angeles cops different. They got caught lying and they were prosecuted. Not only were they prosecuted, but they were convicted. They were convicted of perjury. From Southern California Public Radio:
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This is what makes the conviction of two Los Angeles cops different. They got caught lying and they were prosecuted. Not only were they prosecuted, but they were convicted. They were convicted of perjury. From Southern California Public Radio:
Officer Richard Amio and former officer Evan Samuel testified that they chased a man into his apartment in Hollywood in 2007 and immediately saw him toss a black object that contained cocaine. A surveillance video showed it actually took four officers more than twenty minutes to find the drugs.
LAPD Chief Charlie Beck said in a statement the officers actions were unacceptable.
Unacceptable? I can live with that. Reprehensible might have been better, but we take what we can get.
"I am truly saddened by the events that led to the perjury conviction of a current and a former Los Angeles Police Officer," Beck said int he statement. “As I said when the charges were filed, I do not believe their intent was evil, just extremely misguided. The character of our organization is defined by the conduct that we condone. These actions were entirely unacceptable."
Unacceptable again? Fair enough. As Chief Beck notes in his attempt to minimize the nature of the wrong and distinguish his cops from "real" criminals, "their intent was [not] evil, just extremely misguided." What he means is that they only lied to get the bad guy. Yet again, the late Murray Kempton's words ring true: "There they go again, framing the guilty."
Aside: A quick search of the Kempton quote revealed that an old post of mine where I used it was copied in its entirety and posted by Ademo Freeman at Copblock without attribution, or even a link back to the original. While I'm happy he thought the post worthy of taking, I'm not as happy about my content being stolen. How about a little integrity, guys? It would be nice of you to ask first, but posting without attribution as if you wrote it isn't cool.
There isn't much explanation or discussion needed about the fact of perjury. Cops believe that trials, testimony, swearing to tell the truth, is a game that's played to give the impression that there is a legal system so the natives don't get terribly bent out of shape. As long as citizens believe we have a system, they sleep well at night. They also sleep well at night knowing that their brave officers keep the streets safe from murderers and rapists by putting the bad guys in prison. All is well with the world.
You see, we're naive and silly. The cops understand their job. Rid of us criminals. Only children and defense lawyers think they're actually supposed to tell the truth. They know better. They laugh about it over beers after a day in court.
So when the video conclusively showed these cops to be perjurers, one would expect them to get a very stern lecture from some mid-level supervisor telling them to never get caught again. Instead, they found themselves on the receiving end of an indictment and, even more surprising, a guilty verdict.
And the Chief of Police called the conduct unacceptable. Not evil, but misguided.
Does this mean the rules are changing? Is it unacceptable to lie to make sure the bad guys go to prison? it's not likely. After all, rarely does a cop get caught. Even when judges believe the cop is just making up a story to justify the bust, they will never find the cop a liar in the absence of irrefutable proof. Never. Their testimony is credible, even when it falls off the precipice of the absurd, because to do otherwise would destroy a finely tuned system that fools the happy natives and keeps the police unions, district attorneys and supervising judges off their backs.
But this time, the cops were convicted. Without the video, they wouldn't have been. Even with video, chances are poor that anyone would face a judge, no less a jury. There are a bunch of excuses available, including the ubiquitous "we're going to investigate" until everybody forgets about it and moves on to the next scandal.
Yet, this conviction, particularly in light of some other verdicts in LA and Chicago, suggests that attitudes toward the police, toward their lying, toward their violence, may be changing. Just a little. But changing. It's a start.
© 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/2012/11/16/police-perjury-is-the-tide-turning.aspx?ref=rss
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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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Should We Legalize Drugs?
Colorado and Washington recently voted to legalize the recreational use of marijuana. Supporters say that will generate tax revenue and free up law enforcement resources. So would the United States be better off legalizing all recreational drugs? A panel of experts debates for Intelligence Squared U.S.
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Source: http://www.npr.org/2012/11/15/165211562/should-we-legalize-drugs?ft=1&f=1070
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2011 Intellectual Property Year in Review and Outlook for 2012 – Part I: Patents
IP Counsel host, Attorney Peter Lando, partner at the firm of Lando & Anastasi, LLP, welcomes Craig Smith, partner at Lando & Anastasi, to discuss important patent cases and court decisions in 2011 from the United States Supreme Court and the Court of Appeals for the Federal Circuit covering a wide range of issues, including patentable subject matter, inventor rights, inducement of patent infringement, damages, and inequitable conduct. Peter and Craig also discuss major cases on the dockets of the Supreme Court and Federal Circuit in 2012 that will be followed closely by practitioners and the business community.
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Former prosecutor arrested, charged with destroying record
Former Lancaster County Commonwealth’s Attorney C. Jeffers Schmidt Jr. is accused of destroying a public record last year as he ran unsuccessfully for re-election.
Schmidt faces a misdemeanor charge in the case. Court records indicate he was arrested Nov. 6 and the Northern Neck News reports he was arraigned Wednesday in Lancaster County General District Court.
It’s the second time the destruction of records issue has come before a court. Newly-elected Commonwealth’s Attorney Robert Cunningham complained last December that Schmidt was destroying files and planned to erase computer data. Circuit Judge Joseph Ellis ordered Schmidt to turn over records of his office and pending cases to Cunningham, who had defeated Schmidt in the 2011 election.
The Richmond Times-Dispatch says Schmidt’s attorney, Craig Cooley, declined to comment on the new criminal charge.
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Sunday, November 25, 2012
IRS Confirms Charitable Contribution Deduction for Gifts Made to Single-Member LLCs
The IRS recently announced that a contribution to a domestic LLC that is wholly owned and controlled by an IRC § 501(c)(3) charitable organization will be treated as if the contribution were made directly to the charitable organization, provided that the LLC has not elected to be taxed as a corporation. Although the IRS had previously provided guidance to public charities and private foundations as to the tax treatment of operating through such single-member LLCs, the July 31, 2012 release of Notice 2012-52 was the first guidance given to individual and corporate contributors as to the deductibility of their contributions. Left unaddressed, however, is the tax treatment of a contribution to a single-member, “disregarded entity” LLC organized in a foreign jurisdiction.
To see the announcement, click here: Notice 2012-52
The DRI - ‘The Voice of the Defense Bar'
DRI is considered a ‘think tank’ for defense attorneys and in-house counsel. On Ringler Radio, host Larry Cohen and Ringler colleague, Jim Early, join Attorney Matthew Cairns from the firm, Gallagher, Callahan & Gartrell, to focus on the DRI - ‘The Voice of the Defense Bar’ and talk about what defense attorneys should know about the settlement process.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/10/the-dri-the-voice-of-the-defense-bar/
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Transgender Family Law in the Courts
Advocates for the transgender community say this segment of the population faces an extremely difficult time in court because of bias and misunderstanding, especially in cases of parental rights and protection for transgender youth. Lawyer2Lawyer co-host and attorney, Bob Ambrogi breaks down the difficulties the transgender community faces every day with Attorney Jennifer L. Levi, the director of GLAD's Transgender Rights Project and Attorney Elizabeth E. Monnin-Browder from Ropes & Gray and a former GLAD attorney. Jennifer and Liz also discuss their new book, Transgender Family Law: A Guide to Effective Advocacy.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/transgender-family-law-in-the-courts/
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Judge Scheindlin’s Collection Case and Florida E-Discovery Amendments
One of the attributes that makes for a great e-discovery lawyer is the ability to wade through the digital mire that separates preservation from collection. The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins e-discovery expert David Kearney, Director of Technology Services at Cohen & Grigsby, to discuss Judge Shira Scheindlin’s recent opinion in the case, National Day Laborer Organizing Network et al. v. United States Immigration and Customs Enforcement Agency, et al. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman analyzes recent e-discovery amendments to the Florida Civil Procedure Rules.
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NLRB: Firing for Facebook posting was legal
Let the NLRB's press release tell the story:
The National Labor Relations Board has found that the firing of a BMW salesman for photos and comments posted to his Facebook page did not violate federal labor law, because the activity was not concerted or protected. [Decision here]The question came down to whether the salesman was fired exclusively for posting photos of an embarrassing and potentially dangerous accident at an adjacent Land Rover dealership, or for posting mocking comments and photos with co-workers about serving hot dogs at a luxury BMW car event. Both sets of photos were posted to Facebook on the same day; a week later, the salesman was fired from Knauz BMW in Lake Bluff, IL.
The Board agreed with Administrative Law Judge Joel P. Biblowitz, who found after a trial that the salesman was fired solely for the photos he posted of a Land Rover that was accidently driven over a wall and into a pond at the adjacent dealership after a test drive. Both dealerships are owned by the same employer.
In a charge filed with the NLRB, the salesman maintained that he was principally fired for posting photos and sarcastic comments about his dealer serving hot dogs, chips and bottled water at a sales event announcing a new BMW model. “No, that’s not champagne or wine, it’s 8 oz. water,” the salesman commented under the photos. Following an investigation,the regional office issued a complaint. Judge Biblowitz found that this activity might have been protected under the National Labor Relations Act because it involved co-workers who were concerned about the effect of the low-cost food on the image of the dealership and, ultimately, their sales and commissions.
The Land Rover accident was another matter. A salesperson there had allowed a customer’s 13-year-old son to sit behind the wheel following a test drive, and the boy apparently hit the gas, ran over his parent’s foot, jumped the wall and drove into a pond. The salesman posted photos of the accident with sarcastic commentary, including: “OOPS”.
The National Labor Relations Act protects the group actions of employees who are discussing or trying to improve their terms and conditions of employment. An individual’s actions can be protected if they are undertaken on behalf of a group, but the judge found, and the Board agreed, that was not the case here.
As Judge Biblowitz wrote, “It was posted solely by [the employee], apparently as a lark, without any discussion with any other employee of the Respondent, and had no connection to any of the employees’ terms and conditions of employment. It is so obviously unprotected that it is unnecessary to discuss whether the mocking tone of the posting further affects the nature of the posting.” Because the posts about the marketing event did not cause the discharge, the Board found it unnecessary to pass on whether they were protected.
However, the three-member panel differed in its opinions of a “Courtesy” rule maintained by the employer regarding employee communications. Chairman Mark Gaston Pearce and Member Sharon Block found the language of the rule to be unlawful because employees would reasonably believe that it prohibits any statements of protest or criticism, even those protected by the National Labor Relations Act.
Dissenting, Member Brian E. Hayes found that the employer’s rule was “nothing more than a common-sense behavioral guideline for employees” and that “nothing in the rule suggests a restriction on the content of conversations (such as a prohibition against discussion of wages)”.
The Board ordered Knauz BMW to remove the unlawful rules from the employee handbook and furnish employees with inserts or new handbooks. The decision, dated Sept. 28 but made public today, was the Board’s first involving a discharge for Facebook postings; other such cases are pending before the Board.
Source: http://www.lawmemo.com/blog/2012/10/nlrb_firing_for.html
Don't Mess With The Pennsylvania Department of Environmental Protection
Why shouldn't you mess with the the Pennsylvania Department of Environmental Protection? Here's why: They "fined a Marshall Township man more than $100,000 for destroying two acres of wetlands to build a recreational pond." As reported by timesonline.com (Beaver, PA):
The DEP announced Wednesday that Francois Bitz, 52, of 1640 Pleasant Hill Road has agreed to pay a $137,800 fine as part of a consent order for violating the state’s Clean Streams Law and the Dam Safety and Encroachments Act.
Bitz also will pay recovery costs and oversight fees to the DEP and the Allegheny County Conservation District, the state agency release said.
From 2009 to 2010, without necessary permits, Bitz excavated approximately 2 acres of wetland and impacted about 1,100 feet of stream while constructing a pond on his property, the DEP release said.Good thing he only coveted a 2-acre pond.
The DEP said it issued two compliance orders to Bitz in July 2010 after inspections revealed he had excavated portions of a stream channel of an unnamed tributary to Big Sewickley Creek, which is classified as a trout-stocked fishery. The agency said Bitz also disturbed significant portions of earth in the surrounding wetlands without developing an erosion and sediment control plan, which could lead to pollution in the stream.Dude.
The agreement stipulates that the restoration of the property must begin within two months and be completed within six months of the permit being issued, the release said.Fortunately for all parties concerned, it looks like Mr. Bitz can well afford to repair the damage.
In 1990, Bitz and three colleagues at Carnegie Mellon University co-founded Fore Systems, a Marshall-based technology company that had its first major success when it landed a contract to develop computer network switches for the Navy in 1991.Here's the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/HSyEBy9ad54/post_530.html
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