Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202586531734&rss=rss_nlj
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Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202586531734&rss=rss_nlj
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Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/03/hiring-your-first-employee/
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Source: http://blogs.wsj.com/law/2013/01/28/2012-it-was-a-very-good-year-for-law-firm-revenues/?mod=WSJBlog
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This morning the US Supreme Court decided - on a 5-4 vote - that pharmaceutical sales representatives are "outside salesmen" and therefore exempt from overtime under the Fair Labor Standards Act. The Court also unanimously held that the Department of Labor's recently-announced contrary interpretation was entitled to exactly zero deference.
Christopher v. SmithKline Beacham (US Supreme Ct 06/18/2012)
Christopher, a pharmaceutical sales representative, sued the employer for violation of the Fair Labor Standards Act (FLSA) alleging failure to pay overtime. The trial court granted the employer's motion for summary judgment and denied Christopher's motion to amend the judgment based on the trial court's failure to consider an amicus brief filed by the Secretary of the Department of Labor (DOL). The 9th Circuit affirmed. The US Supreme Court affirmed (5-4).
The job of a pharmaceutical sales representative is to try to persuade physicians to write prescriptions for products in appropriate cases. For over 70 years DOL acquiesced in an interpretation that they were "outside salesmen" who are exempt from FLSA overtime requirements. In amicus briefs filed in Circuit courts DOL took the position that a "sale" requires a "consummated transaction." In Supreme Court briefing DOL's position was that there is no "sale" unless the employee "actually transfers title."
The Court said that the DOL's new interpretation is entitled to no deference at all because it would impose massive liability for conduct that occurred before the interpretation was announced, there had been no enforcement actions suggesting the industry was acting unlawfully, DOL gave no opportunity for public comment, and the interpretation is "flatly inconsistent" with the FLSA.
The FLSA definition of "sale" includes consignments, which do not involve a transfer of title. Although DOL regulations say that sales include the transfer of title, that does not mean a sale must include a transfer of title. The regulations also use the phrase "other disposition" which - in this unique regulatory environment - includes the work of pharmaceutical sales representatives. The representatives also bear all the exterior indicia of salesmen (average salaries exceeding $70,000, work that is difficult to standardize to a particular time frame, etc.)
The DISSENT reasoned that sales of drugs are made by pharmacists, not pharmaceutical sales representatives. The pharmaceutical sales representative neither make sales nor promote "their own sales." (The dissent agreed that the DOL's current views expressed in briefs are not entitled to any weight.)
Source: http://www.lawmemo.com/blog/2012/06/pharma_sales_re.html
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Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/02/online-reputation-management-for-lawyers/
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Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/suffolk-and-the-bitahr-film-festival/
Since then, I’ve received a lot of emails from readers asking what, exactly, you should do if you find yourself in a supposedly consensual conversation with an officer of the law. Apparently a lot of innocent, non-suspicious-looking people have been or expect to be pressured into gratuitous interactions with the police. And, from the emails I’ve received, a lot of people have no interest in talking to the law in these situations. Which, to be sure, is their right.
This was a watershed introspective moment for Peters, who could have admitted that he's just a writer, working a gig for which he is grossly unqualified, and made clear that he cannot offer legal advice. But since he's not a lawyer, and he's not qualified, and he lacks the basic self-awareness that his reach far, far exceeds his grasp, he chose instead to do exactly what he should not, he cannot do:
You’re under no obligation to talk with a police officer in non-investigatory situations, and you shouldn’t be intimidated into feeling otherwise. (And to be clear, I’m not talking about those times when a cop stops you for speeding, or jaywalking, or stealing an old woman’s purse. In scenarios like these, when there’s reasonable suspicion that you’ve done something wrong, you’re obliged to cooperate, and refusal to comply may lead to your arrest.)
This is fundamentally wrong, but there's no reason to believe that Peters would know this. And after this post, the question is how many readers of Slate will carry around the baggage of stupidity as well, believing that they are "obliged to cooperate" because some kid on the internet who works for Slate said so.
He goes on to qualify his statements somewhat with an article by a lawprof, clearly another excellent source of how street encounters with cops actually happen, which ironically never actually explains the basic assertion of rights that any lawyer with three minutes experience can explain.
This isn't to say that no person without a bar card can offer anything thoughtful about criminal law. Indeed, two individuals immediately come to mind, Radley Balko, head Agitator until he went over to Huffington Post, who has long been a go-to source major issues and has provided incredibly thoughtful and important work in criminal justice. The other is Scott Henson from Grits for Breakfast, whose work on Texas criminal justice issues is some of the best.
But both of these guys share a common understanding: as knowledgeable as they may be in the arena of criminal law, they do not cross the line of pretending to be lawyers themselves and offering legal advice. It's not that they couldn't have answered the question posed to Justin Peters as well as any criminal lawyer. They've heard the question (as have we all) more than enough to know exactly what to say. But they similarly appreciate that they are not lawyers. To the extent they occasionally tread close to the line, they at least base their references in sound advice rather than come up with nonsense on their own.
What happened at Slate demonstrates that the futurists, like Richard Susskind, who contend that the need for lawyers is past as anyone can play a lawyer on the internet, where every bit of human information, legal or otherwise, is readily available and anyone can find the answer to anything with the push of a button.
How many people will find Justin Peters' "answer" at Slate and believe that they're "obliged to cooperate"?
This isn't a game to be played by the clueless who are given a soapbox, and in this case a very large, very loud bullhorn to go with it, to spread fundamentally wrong information far and wide. Yet, if we leave it in the hands of writers like Justin Peters, whose attempt at a humorous self-description turns out to be far more accurate than anyone would have guessed:
In short, I'm just the sort of preening, narcisisstic [sic] sociopath you'd want writing a blog like this.
Meet your new source for criminal law legal advice on the web. What could possibly go wrong?
H/T Ken @Popehat, who was shocked to learn that Slate had a crime blog offering legal advice.
Update: Patrick @Popehat (maybe it was Patrick rather than Ken who was shocked?) debates the merits with almost-Joe Arpaio, during which he notes something I was totally unaware of. This is what was actually posted at Instapundit:
January 21, 2013
NEWS YOU CAN USE: Here Are Some Tips on How to Avoid “Consensual” Police Encounters.
Posted by Glenn Reynolds at 2:31 pm
Reynolds does not play a law professor on TV, but actually is one. You can't make this stuff up.
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Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/is-your-food-safe/
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Since then, I’ve received a lot of emails from readers asking what, exactly, you should do if you find yourself in a supposedly consensual conversation with an officer of the law. Apparently a lot of innocent, non-suspicious-looking people have been or expect to be pressured into gratuitous interactions with the police. And, from the emails I’ve received, a lot of people have no interest in talking to the law in these situations. Which, to be sure, is their right.
This was a watershed introspective moment for Peters, who could have admitted that he's just a writer, working a gig for which he is grossly unqualified, and made clear that he cannot offer legal advice. But since he's not a lawyer, and he's not qualified, and he lacks the basic self-awareness that his reach far, far exceeds his grasp, he chose instead to do exactly what he should not, he cannot do:
You’re under no obligation to talk with a police officer in non-investigatory situations, and you shouldn’t be intimidated into feeling otherwise. (And to be clear, I’m not talking about those times when a cop stops you for speeding, or jaywalking, or stealing an old woman’s purse. In scenarios like these, when there’s reasonable suspicion that you’ve done something wrong, you’re obliged to cooperate, and refusal to comply may lead to your arrest.)
This is fundamentally wrong, but there's no reason to believe that Peters would know this. And after this post, the question is how many readers of Slate will carry around the baggage of stupidity as well, believing that they are "obliged to cooperate" because some kid on the internet who works for Slate said so.
He goes on to qualify his statements somewhat with an article by a lawprof, clearly another excellent source of how street encounters with cops actually happen, which ironically never actually explains the basic assertion of rights that any lawyer with three minutes experience can explain.
This isn't to say that no person without a bar card can offer anything thoughtful about criminal law. Indeed, two individuals immediately come to mind, Radley Balko, head Agitator until he went over to Huffington Post, who has long been a go-to source major issues and has provided incredibly thoughtful and important work in criminal justice. The other is Scott Henson from Grits for Breakfast, whose work on Texas criminal justice issues is some of the best.
But both of these guys share a common understanding: as knowledgeable as they may be in the arena of criminal law, they do not cross the line of pretending to be lawyers themselves and offering legal advice. It's not that they couldn't have answered the question posed to Justin Peters as well as any criminal lawyer. They've heard the question (as have we all) more than enough to know exactly what to say. But they similarly appreciate that they are not lawyers. To the extent they occasionally tread close to the line, they at least base their references in sound advice rather than come up with nonsense on their own.
What happened at Slate demonstrates that the futurists, like Richard Susskind, who contend that the need for lawyers is past as anyone can play a lawyer on the internet, where every bit of human information, legal or otherwise, is readily available and anyone can find the answer to anything with the push of a button.
How many people will find Justin Peters' "answer" at Slate and believe that they're "obliged to cooperate"?
This isn't a game to be played by the clueless who are given a soapbox, and in this case a very large, very loud bullhorn to go with it, to spread fundamentally wrong information far and wide. Yet, if we leave it in the hands of writers like Justin Peters, whose attempt at a humorous self-description turns out to be far more accurate than anyone would have guessed:
In short, I'm just the sort of preening, narcisisstic [sic] sociopath you'd want writing a blog like this.
Meet your new source for criminal law legal advice on the web. What could possibly go wrong?
H/T Ken @Popehat, who was shocked to learn that Slate had a crime blog offering legal advice.
Update: Patrick @Popehat (maybe it was Patrick rather than Ken who was shocked?) debates the merits with almost-Joe Arpaio, during which he notes something I was totally unaware of. This is what was actually posted at Instapundit:
January 21, 2013
NEWS YOU CAN USE: Here Are Some Tips on How to Avoid “Consensual” Police Encounters.
Posted by Glenn Reynolds at 2:31 pm
Reynolds does not play a law professor on TV, but actually is one. You can't make this stuff up.
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Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/10/defending-big-data/
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/01/creating-healthy-workplaces/
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Lafayette's district attorney had set up a program of "immediate 894 pleas" for those accused of DUI who had completed 32 hours of community service, substance abuse programs and driver safety classes. Participants in this generous program received a special session in a judge's chamber, outside the normal court process, where charges are dismissed as long as no other violation is committed during a probationary period. In 2008, the district attorney's secretary, Barna Haynes, realized she could set up these hearings and began arranging them for the co-conspirator, who represented clients even though he was not actually a lawyer. The unnamed man charged up to $5000 for each acquittal, out of which he paid Haynes $500 per case for her assistance. Haynes collected more than $70,000 in cash until she was caught. Clients had paid hundreds of thousands for the special treatment allowing them to keep their driver's licenses and retain a clean record.
Beginning in January 2010, Williams realized what was going on and decided to cut himself into the deals. He used his own secretary to set up "immediate 894 sessions" with a judge and the co-conspirator. Curry collected eight cash payments of $200 for her participation. The co-conspirator rewarded Williams with autographed New Orleans Saints items, bicycles for Williams and his family, business suits, shoes and $500 in cash.
As the U.S. Attorney’s Office continues to press its bribery case against former employees of the Lafayette Parish District Attorney’s Office, the number of confessed co-conspirators has increased to three. And that small circle will likely continue to widen as the results of a two-year federal investigation are revealed.The District Attorney, Mike Harson, isn't a target, according to the United States Attorney. Kinda makes you wonder if he was too out of the loop to realize the he could have gotten new shoes out of the deal. But this happened in his office, on his watch. Even if he didn't get a piece, this doesn't reflect well on him at any level.
That's a long time for a scheme like this go on without anybody getting wind of it. It's not just that the insiders making the magic happen can't keep their mouths shut, but that the only way to get defendants to put up money is to make sure that the marks know about the opportunity to buy their way out.In all, close to $1 million may have been squeezed over four years from drunken driving defendants anxious to get out of trouble, and at least $75,000 or more in bribes is believed to have been paid to courthouse insiders willing to help them do it, according to a Daily Advertiser review of drunken-driving cases and court records.
Source: http://blog.simplejustice.us/2013/01/21/when-the-prosecutor-stumbled-onto-graft.aspx?ref=rss
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Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/08/maximize-your-technology-investment/
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Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/10/gone-clio-with-attorney-anthony-reeves/
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Obtaining a U.S. visa can be pretty straightforward if you have $500,000. The EB-5 program grants foreigners permanent residency if they invest $500,000 in an American business and create at least 10 jobs. Despite its success, critics say the program pushes the rich to the front of the immigration line.
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Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/ip-intensive-industries-part-one/
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At 48 years old, I am old enough to be your mother. And you should be ashamed of yourself. Here you are, coming to me for a legal job when you don’t know the first thing about RSS feeds, blogging (reading them, let alone writing them), Twitter, Pinterest or YouTube. And what’s more, you have no comprehension of the importance of these tools to my practice and seemingly no interest in learning how to use them.
Just out of law school, your skills are of minimal use to me. Nothing you research or write will be worthy of filing without significant oversight and feedback. And that’s okay.
But what I can’t abide is having to teach you how to tweet about current events. How to set up an RSS feed. How to track and stay on top of news from two or three industry blogs. Supposedly, you grew up on this stuff. So why do you need to take instructions from someone old enough to be your mother on how to use tools that should come as second nature?
Its unclear whether Josh's argument is that he's not really as tech savvy as old lawyers think, or that he's here now as a lawyer and doesn't want to be relegated to the role of "the computer guy," If the former, it would be far more comprehensible. Just because a lot of kids spend time chatting up their friends on Facebook doesn't make them knowledgeable or competent to handle tech. Old folks, who are utterly clueless, may think they are, but that's just because they're utterly clueless.As you point out, I have grown up around technology. I had my first cell phone in 2000. I joined Facebook when it was only open to other college students. I joined Twitter briefly when it first came out, and even had a Blogger account at the end of my college career. During this time I was also trying to pass exams and figure out my life. Then I spent three years learning the law. I’ve spent the last two
figuring outstarting to figure out how to be a lawyer.In contrast, you’ve had the last twenty years to understand how law and technology fit together. You were already in law school when the Apple Macintosh was released. That means you’ve had the last thirty years to learn about new technologies as they develop. More importantly, you’ve been able to slowly incorporate those technologies into your practice. If you haven’t found a video solution that you like, or a system to stay up-to-date on industry developments, why should that be my problem? Why am I expected to have your solution?
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Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/08/the-ipad-practice/
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Without the formation of character, the rest is futile.Sometimes, twitter bios are brief and purely descriptive, like "law student" or "criminal defense lawyer. With pathetic regularity these days, they're an attempt at recreating a roadside billboard, like
Hollins Law: Orange County's best Trial Attorneys. Praised by judges, juries, peers and adversaries for aggressive yet ethical presentation and fearless trial advocacy.
Marketers say that if you don't toot your own horn, who will? The correct answer is everyone who is impressed by your accomplishments, rather than your hype. And if no one is tooting your horn, then maybe it's because you have no accomplishments. It gives you something to work on.Picture this. You meet someone new. "What do you do?" she asks.
"I'm an architect," you say.
"Oh, really?" she answers. "Have you designed any buildings I've seen?"
"Possibly," you reply. "We did the new student center at the university..."
"Oh wow," she says. "That's a beautiful building..."
Without trying -- without blowing your own horn -- you've made a great impression.
Now picture this. You meet someone new. "What do you do?" he asks.
"I'm a passionate, innovative, dynamic provider of architectural services with a collaborative approach to creating and delivering outstanding world-class client and user experiences."
All righty then.
It doesn't get more thoughtful than to be "willing to assit by advising and correcting his colleagues during official proceedings of his new and permanent title." How embarrassed his "fellow" colleagues would feel if they only used his former title. Professor Peter Barone, Esq., (followed by Ph.D.(c), LL.M, JD, MSM, CPP), who, according to the bio he's written about himself, suggests he's lived a curious life:This is an announcement regarding ASA Peter A. Barone. On January 7, 2013 Peter A. Barone finished his final defense for his Ph.D. and was officially announced as Dr. Peter A. Barone.
Dr. Barone spent 5+ years obtaining his degree and would like to request that during formal court proceedings that you please refer to him by his proper and legal title, that being Dr. Barone. This request is similar to the manner in which the sitting judge is called Judge or Your Honor, or as his fellow attorneys are addressed as counselor or Mr. or Ms., and not by their first name during formal proceedings.
Dr. Barone would like to thank his fellow colleagues for their cooperation in this matter in advance and realizes that at times it is difficult to remember a title change and is willing to assist by advising and correcting his colleagues during official proceedings of his new and permanent title if they inadvertently forget.
Victor Garcia-Herreros
Legal Assistant for Dr. Peter Barone
State Attorney’s Office of Highlands County
411 S. Eucalyptus Street
Sebring, FL 33870
He began his law enforcement career in 1975 in the State of New Jersey and he is a currently working as a Felony Major Crimes Trail Prosecutor in the State of Florida and is cross-sworn as a part time deputy sheriff, part of the Crisis Negotiation Team, and a certified police instructor. As a felony prosecutor in this Florida he is also actively involved in the investigative aspects of felony cases. In his first sex months he assisted the in solving a 20 years old murder case while interrogating the primary suspect. In his first year as a prosecutor he prosecuted and won a capital sexual battery and an attempted murder case. Immediately prior becoming a prosecutor he was a Major Crimes/Homicide Detective, Hostage Negotiator, Aircraft Observer, and Police Instructor for a Sheriff’s Office in central Florida. Prior to this he worked in a Police Department as a road officer and Legal Advisor, and previously as a homicide detective, gang detective, field training officer, and police instructor for the Miami-Dade Police Department.
Judge: Do you have anything to add, Mr. Barone?
Professor Peter Barone, Esq.: That's Doctor Barone, your honor.
Judge: My deepest apologies for offending you, Dr. Barone. Suppression granted and case dismissed, Dr. Barone.
Source: http://blog.simplejustice.us/2013/01/25/dr-who-2.aspx?ref=rss
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/08/the-ipad-practice/
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If you don't follow Legal Juice on Twitter (@LegalJuice), the bird gets it. And rumor has it that Mr. Wile E. Coyote is ending his longstanding relationship with Acme for "a more reliable supplier." When asked if maybe he's the problem, not the equipment, Mr. Coyote maintained his characteristic silence.
And don't forget to like Legal Juice on Facebook.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/nzxCjAQwFeU/the_bird_gets_it_if_you_dont_f_4.html
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Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/04/gone-clio-with-paul-woody-scott/
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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].
Source: http://www.lawmemo.com/blog/2012/06/eeoc_briefs_on.html
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