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Thursday, February 28, 2013
The Latest in Court Technology for Paralegals
Find out what’s new in court technology on The Paralegal Voice. Co-hosts Lynne DeVenny and Vicki Voisin join Ted Brooks, the Founder & CEO of Litigation-Tech LLC for his insight on the latest in court technology for paralegals. Ted provides tips for paralegals getting ready for a big trial using extensive technology in the courtroom and explains how paralegals can learn the basics of commonly used trial software. Ted also gives his picks for blogs and online resources for paralegals interested in learning more about courtroom technology.
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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Prop 34, The Death Penalty Initiative Statute
On November 6, 2012, Proposition 34 will be one of the initiatives on the ballot in the state of California. If approved, Prop 34 will eliminate the death penalty in California and replace it with life imprisonment without the possibility of parole. Lawyer2Lawyer host Craig Williams joins Attorney Donald H. Heller to discuss Proposition 34, support and opposition and ultimately the impact on our prison and justice system.
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Inside Ringler Medicare Solutions
Medicare and Medicaid compliance when it comes to legal settlement claims can be complicated. This is an area especially critical to claimants, attorneys and insurers and expertise is needed. In this podcast, Ringler Radio host Larry Cohen joins Tom Blackwell, Vice President and Program Director of Ringler Medicare Solutions, Inc. (RMS), as they take a look at RMS’ long-term development plan, how RMS can help with the administration of workers’ compensation claims, liability claims and in claim settlement strategies and the impact of the Strengthening Medicare and Repaying Taxpayers Act (SMART) on the structured settlement industry.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/02/inside-ringler-medicare-solutions/
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Legal Talk Network Live at LegalTechNY 2012- True Grit: E-Discovery in Big Law Firms
Monica Bay, Editor-in-chief of Law Technology News, discusses this month’s cover story, True Grit. The story dives into the intricacies of how big law firms treat E-discovery, and the surprising gray area surrounding it. Be sure to watch the interview , hosted by Legal Talk Network producer, Kate Kenney.
Federal appeals court rules anti-whaling group modern-day 'pirates'
[JURIST] The US Court of Appeals for the Ninth Circuit [official website] ruled [opinion, PDF] Monday that the US-based anti-whaling group Sea Shepherd Conservation Society (SSCS) [advocacy website] are modern-day pirates, clearing the path for Japanese whalers to pursue legal action against them. The decision overturns a lower court ruling which found against whalers Institute of Cetacean Research (ICR) [advocacy website], who claim that SSCS and its founder Paul Watson are preventing them from engaging in what they say is...
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Super Bowl edition: Vince Lombardi, Civil Rights Pioneer
Professor David Yamada, Director of the New Workplace Institute at Suffolk Law, talks about legendary NFL coach Vince Lombardi as an early pioneer for civil rights. Read Professor Yamada’s blog at http://newworkplace.wordpress.com.
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A Bust Too Far
The Supreme Court, in a 6-3 split decision, figured out something that the Second Circuit couldn't: no rubber band can stretch a mile. In Bailey v. United States, the Court held that Chunon Bailey's seizure about a mile away from an apartment where a search warrant was being executed wasn't close enough.
Before anyone says "duh," bear in mind that this wasn't the outcome below, and failed to capture the votes of three justices. The problem wasn't that these jurists were distance impaired, but that their vision was fuzzy by one critical fact: they guy was guilty. That's when the pull out the balancing test.
As the New York Times editorial explains:
The rationale below was that the police waited until it was "reasonable" to stop and seize him, despite the fact that he left the apartment before the warrant was executed (meaning that he didn't flee), was neither physically present within the apartment nor in its immediate vicinity, and drove away because he, for whatever reason, felt like driving away.
Mind you, they had no warrant to arrest Bailey. They had a warrant to search an apartment. Until they conducted that search, they had no reason to arrest Bailey. But then, he was guilty.
The majority opinion, by Justice Kennedy, put in some effort to dispel the dissent's contention that this was a mere limited detention, reasonable if one is inclined to allow cops sufficient latitude to do anything they please. After all, when the police seized Bailey and returned him to the apartment, it was only "detention," particularly in light of the absence of any evidence of a pistol whipping or multiple kicks to the head which are indicative of an arrest.
In contrast, Justice Scalia's concurring opinion (spare me, you Scalia haters) spells it out straight.
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Before anyone says "duh," bear in mind that this wasn't the outcome below, and failed to capture the votes of three justices. The problem wasn't that these jurists were distance impaired, but that their vision was fuzzy by one critical fact: they guy was guilty. That's when the pull out the balancing test.
As the New York Times editorial explains:
[O]fficers in a small New York town got a warrant to search for a handgun in an apartment allegedly used by a drug dealer. Detectives conducting surveillance observed two men, both matching a description of the dealer, get in a car near the apartment. The detectives followed the car for about a mile before making the stop. One of the men was Chunon Bailey. The officers handcuffed both men and drove them back to the apartment. The search team found a gun and cocaine. One of Mr. Bailey’s keys fit the apartment door. Mr. Bailey was convicted of drug trafficking and gun possession, and sentenced to 30 years in prison.
The rationale below was that the police waited until it was "reasonable" to stop and seize him, despite the fact that he left the apartment before the warrant was executed (meaning that he didn't flee), was neither physically present within the apartment nor in its immediate vicinity, and drove away because he, for whatever reason, felt like driving away.
Mind you, they had no warrant to arrest Bailey. They had a warrant to search an apartment. Until they conducted that search, they had no reason to arrest Bailey. But then, he was guilty.
The majority opinion, by Justice Kennedy, put in some effort to dispel the dissent's contention that this was a mere limited detention, reasonable if one is inclined to allow cops sufficient latitude to do anything they please. After all, when the police seized Bailey and returned him to the apartment, it was only "detention," particularly in light of the absence of any evidence of a pistol whipping or multiple kicks to the head which are indicative of an arrest.
In contrast, Justice Scalia's concurring opinion (spare me, you Scalia haters) spells it out straight.
The Court of Appeals’ mistake, echoed by the dissent, was to replace that straightforward, binary inquiry with open-ended balancing. Weighing the equities—Bailey "posed a risk of harm to the officers," his detention "was not unreasonably prolonged," and so forth—the Court of Appeals proclaimed the officers’ conduct, "in the circumstances presented, reasonable and prudent."The Court of Appeals read Summers’ spatial constraint somewhat more promiscuously: In its view, it sufficed that police observed Bailey "in the process of leaving the premises" and detained him "as soon as practicable." 652 F. 3d, at 206 (emphasis deleted); see also post, at 6–7. That has pragmatic appeal; police, the argument runs, should not be precluded from seizing the departing occupant at a distance from the premises if that would be safer than stopping him on the front steps. But it rests on the fallacy that each search warrant entitles the Government to a seizure incident to the execution of a warrant "is not the Government’s right; it is an exception—justified by necessity—to a rule that would otherwise render the [seizure] unlawful."
Who doesn't hate a promiscuous reading of spatial constraints? Throwing its editorial heft behind the decision, the Times stated:
But the Supreme Court rejected that ruling, noting that distance from the scene matters. Detentions made away from the place being searched “resemble a full-fledged arrest,” Justice Anthony Kennedy wrote in the majority opinion.
Resemble? As in "she has her mother's eyes" resemble? That the majority even goes there is disturbing, even though it ultimately reaches the right result.
The flavors of seizure of a person have come to rival Baskin-Robbins. When police seize a person, who is then not free to exercise his constitutional right to walk away, he is arrested. When the slap on cuffs and unceremoniously put him in the back seat of their cruiser. he's arrested. Even if they don't smack him around in the process, he's arrested. How did we reach the point where police can do as they please with a human being's body and it's something shy of an arrest?
The answer is unfortunately simple: when you humpty-dumpty the characterization enough, concepts that demand to be clear, such as arrest, fall into the beloved rhetorical black hole of "reasonableness." Mangle the details a bit and throw in a few pointed adjectives, especially from the perspective of the police, and pretty soon everything sounds fairly reasonable. And obvious reasonable is better than unreasonable, right?
Well, not according to Scalia, who cuts through the malarkey to get at the only real point raised by the case, and yet somehow not factored into the ruling except by his co-concurrers, Justices Ginsburg and Kagan. The test isn't wiggly line, subject to balancing and the rhetoric of reasonableness. It's a search warrant. It's the authorization to search a premises, not to seize people wherever they may be. That they get to nab people inside the premises, or in the immediate vicinity is a gift, not an entitlement.
Just because Summers gave the cops one free ride doesn't mean they get to ride forever. Even the Times doesn't seem to grasp that each step on the slippery slope doesn't give create a new government entitlement, only to be extended at every opportunity.
Bailey would have seemed to be one of the most straightforward suppression cases possible, his being arrested a mile away from the search, and yet it took a split Supreme Court to figure out that it was a bust too far. Even so, six justices fail to appreciate that sometimes the government just can't do anything it pleases even if they use the word "reasonable" enough. Sometimes, a line has to be drawn.
While it's not exactly clear where that line is drawn, at least we now know that a mile is beyond it. Duh.
© 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/2013/02/24/a-bust-too-far.aspx?ref=rss
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Smartphone Security
Is your smartphone really secure? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome guest, computer scientist, and certified forensic analyst Andrew Hoog, co-founder of viaForensics, to talk about the ins and outs of smartphone security. Andrew shares his insight on the most secure smartphone, whether mobile devices are really a target for sophisticated cyber-criminals and the policies corporations and law firms need to address mobile devices.
Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/01/smartphone-security/
Wednesday, February 27, 2013
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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Taking Control of Your Mobile Apps
There’s an app for everything. As we all discover how effectively we can use apps to connect with social media, as our work task managers, to find user-friendly news, and much more, they begin to accumulate on our smartphones and devices. Our hosts Dennis Kennedy and Tom Mighell share tips on how to organize those apps to be the most efficient, aesthetically pleasing, and space conserving - making room for more apps. We will also learn how to sync all of their devices so that we always have access to our apps. The second portion of the show will discuss the pros and cons of having an iPad, an iPad Mini, or how to utilize both. And stay tuned until the end to hear each host’s tech tip, one will surely save you some time on your computer.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/02/control-your-mobile-apps/
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Language is Everything
You want to be sure not to break anything!
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/ay7qKuQiFOI/
Supreme Court rules aid workers lack standing to challenge wiretapping law
[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Tuesday in Clapper v. Amnesty International [JURIST report] that a coalition of attorneys, journalists and rights organizations do not have Article III [Cornell LII backgrounder] standing to contest Section 702 of the Foreign Intelligence Surveillance Act (FISA) [50 USC § 1881(a) text]. The coalition was represented by the American Civil Liberties Union (ACLU) [advocacy website] and argued that FISA jeopardizes their ability to keep confidential communications with clients suspected...
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Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance
Bernie Jones, Associate Professor of Law at Suffolk University Law School, discusses her new book, "Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance." To learn more about Professor Jones' book, visit http://bit.ly/H6Fd2W.
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So What's Wrong With Returning A Lobster?
Like many shoppers before him, Mr. Walter Tessier walked into a grocery store (in Amsterdam, New York) and bought a lobster. He later returned to the store claiming that the lobster was bad, and exchanged it for a bag of king crab legs. So whatsamatta? Just this: the lobster shell was empty! As reported by The Times Union:
When confronted, the man with a passion for seafood ran from the store with the bag of crab legs in hand, they said.
Deputies said they caught up with him at his home only to discover that he had already eaten the crab legs.Walter Tessier, giving new meaning to the phrase "eat and run" ... (We actually had a case involving a woman who admitted to eating a crab she had just purchased - while she was driving! Not surprisingly, she rear-ended our client.)
Tessier was charged with petit larceny and given an appearance ticket to return to court at a later date.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/7BPNDx37d9s/post_598.html
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Liability After Facebook’s IPO
Facebook’s super-hyped IPO quickly turned into Wall Street folly. Lawsuits were filed almost immediately. Accusations of selective financial disclosure, investor deception and NASDAQ negligence are flying. So who is to blame? And who is liable? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the legal story of Facebook’s botched IPO and pending litigation from John P. ("Sean") Coffey, Managing Director at BlackRobe Capital Partners, and Scott M. Berman, Partner at Friedman Kaplan Seiler & Adelman.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/liability-after-facebooks-ipo/
Securing Electronic Law Firm Data for Big and Small Firms
Law firms are increasingly being targeted by hackers seeking to access confidential business and personal information. 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 Digital Detectives co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, to discuss a variety of issues including: computer security, why attorneys are targeted and malpractice and ethics risks related to having inadequate security.
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Tuesday, February 26, 2013
Child Sexual Abuse Litigation in the Los Angeles United School District
School should be a safe environment for our children, but in a shocking case in Los Angeles, California, Forrest Stobbe, a teacher at Queen Anne Elementary School, pleaded no contest to continuous sexual abuse of a child. As multiple other claims involving Latino children are revealed in LAUSD, calls for further investigation are underway In this podcast, Ringler Radio host Larry Cohen along with co-host, Manny J. Valdez, Jr. and guest, Stephen J. Estey, founding partner of Estey & Bomberger LLC, and a legal champion for sexually abused children, take a look at these disturbing cases, the school district's liability and the quest to protect our children.
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Medicare Set Aside Arrangements and Mass Torts
On Ringler Radio, host Larry Cohen is talking about Medicare Set Asides with colleague and co-host, Lynn DeMauro Clark and guest, Attorney John "Jay" F. Kearns III from the firm Kearns & Kearns. They take a look at mass torts and the facts surrounding the US v. James J. Stricker case. In addition, Jay explores the Medicare Medicaid SCHIP Extension Act of 2007 (MMSEA) and how it has created an uproar among insurers and personal injury lawyers and talks about Stricker’s overall significance to plaintiff attorneys.
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Demystifying Technology Assisted Review; Taxation of Costs in Race Tires
Amidst growing data volumes and dwindling resources, traditional linear document review is quickly going the way of the dinosaur. On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, David D. Lewis, Ph.D., President of David D. Lewis Consulting and co-founder of TREC Legal Track and Kara M. Kirkeby, Esq., Manager of Document Review Services at Kroll Ontrack, Inc., to explore the exciting new developments in technology-assisted review, and how these developments are rapidly impacting the world of e-discovery. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, analyzes the March 16th 2012 appellate court decision in Race Tires America v. Hoosier Racing Tire.
Future Law Office: Top Technology Trends Reshaping the Legal Field
In this video podcast of The Robert Half Legal Report, Charles Volkert, executive director of Robert Half Legal, and Robert Ambrogi, co-host of Lawyer2Lawyer on the Legal Talk Network discuss how law firms and corporate legal departments are leveraging technology to improve services and streamline workflow. They share key findings from Future Law Office, Robert Half Legal’s annual research program that examines important developments in the legal profession.
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Higher Filing Thresholds for HSR Act Premerger Notifications Effective February 11, 2013
1. Higher Thresholds For HSR Filings
Higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 became effective on February 11, 2013. The filing thresholds are revised annually, based on the change in gross national product.
The HSR Act notification requirements apply to transactions that satisfy the specified "size of transaction" and "size of person" thresholds. The key adjusted thresholds are summarized in the following chart:
| Size of Transaction Test | Notification is required if the acquiring person will acquire and hold certain assets, voting securities, and/or interests in non-corporate entities valued at more than $70.9 million. |
| Size of Person Test (Transactions valued at more than $283.6 million are not subject to the Size of Person Test and are therefore reportable) | Generally one "person" to the transaction must have at least $141.8 million in total assets or annual net sales, and the other must have at least $14.2 million in total assets or annual net sales. |
While the filing thresholds have changed, the filing fees have not, but will be based on the new thresholds as follows: $45,000 for transactions valued at more than $70.9 million but less than $141.8 million; $125,000 for transactions valued at more than $141.8 million but less than $709.1 million; and $280,000 for transactions valued at more than $709.1 million.
The above rules are general guidelines only and their application may vary depending on the particular transaction.
2. Higher Thresholds For the Prohibition Against Interlocking Directorates
Higher thresholds for the prohibition in Section 8 of the Clayton Act against interlocking directorates became effective on January 14, 2013. Section 8 prohibits, with certain exceptions, one person from serving as a director or officer of two competing corporations if two thresholds are met. Applying the new thresholds, competitor corporations are covered by Section 8 if each one has capital, surplus and undivided profits aggregating more than $28,883,000, with the exception that the interlock is not prohibited if the competitive sales of either corporation are less than $2,888,300. As with HSR thresholds, the FTC is required to revise Section 8 thresholds annually based on gross national product.
For any questions or for more information on these or any related matters, please contact Bob Magielnicki (202-218-0002, rmagielnicki@sheppardmullin.com) or Malika Levarlet (202-772-5331, mlevarlet@sheppardmullin.com).
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.
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Rutgers Law Dean Farmer Plays The Apprentice
Quietly, some joker in the editorial department of the New York Times is snickering, having snared another law dean or professor in the trap of offering a soapbox upon which the dean can conclusively prove to the legal community that he's got no clue about the real world of lawyering. And given the chance to get on the box, they just can't resist.
This week's contestant was Rutgers Law Dean John Farmer, who has come up with the idea that new lawyers should apprentice after law school, an idea that many have suggested and has some merit along with many problems. In the process, however, Farmer reveals that he has no clue what the problem is.
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This week's contestant was Rutgers Law Dean John Farmer, who has come up with the idea that new lawyers should apprentice after law school, an idea that many have suggested and has some merit along with many problems. In the process, however, Farmer reveals that he has no clue what the problem is.
Consider this: Nearly half of those who graduated from law school in 2011 did not quickly find full-time, long-term work as lawyers.
Quickly? How about not at all. Not long-term. Not short-term. Not slowly. As for the ones who did, how about at salaries that can't carry the debt-load while feeding themselves, no less their families, or terminal positions that run dry when the case is over, or dead-end positions that will never provide a future?
Yet the need for legal representation has never been greater. In New Jersey, where I teach law, 99 percent of the 172,000 defendants in landlord-tenant disputes last year lacked legal counsel.
Might that have something to do with the fact that these are non-payment proceedings, as in they can't afford to pay the rent? And if they can't afford to pay to put a roof over their head, do you think they're reluctant to raid their trust fund to pay for counsel to fight the non-payment proceeding? Or perhaps they can cut the kids down to one meal every three days so that a Rutgers Law grad can get paid?
Nationwide, judges decry not a surplus of lawyers, but a lack of competent representation for those who aren’t rich individuals and corporations.
Judges focus on what comes before them in a courtroom, and it's no surprise that they sit on the front line of people lacking counsel. Law deans, on the other hand, sit in the Ivory Tower and apparently don't see much of anything.
Lawyers cost too much in part because of rates established during the economic bubbles of the past 15 years. No less than in the dot-com or real-estate or derivatives markets, the cost of legal services became unsustainable.
Ignoring the wiggly caveat, in part, the choice of highlighting "rates established during the economic bubbles" is Dean Farmer's way of saying that law is Biglaw. The lawyers who represent tenants in Landlord-Tenant court didn't set rates based on the real-estate boom. The rates of lawyers who work for corporations in Biglaw have zero to do with what small firms and solos who represent individuals charge, and never did. It's not that they wouldn't have loved to charge anything remotely approaching Biglaw rates, but that fantasy never happened.
Lawyers cost too much because people can't afford to spend anything remotely close to what a solo lawyer needs to earn to pay for his office, debt and leave a little over to feed the kids. Lawyers cost too much because people's wages are stagnant while the cost of living has skyrocketed. Lawyers cost too much because people are unemployed. Lawyers cost too much because they want to earn a living just like the people who might otherwise retain them.
Except the lawyers have given away three years of opportunity and over $100,000 for the pleasure of being a lawyer, a burden that other people don't necessarily share.
The recession worsened, but did not cause, the predicament now: a mountain of student debt and dearth of legal jobs, even as there is a crying need for legal services.
Why yes. How nice of you to notice.
That disconnect relates to how lawyers are hired. Big firms have been hiring a few graduates from a few select schools, and paying them exorbitantly.
This is where Dean Farmer's motives reveal themselves. While the vast majority of law school graduates never saw the inside of Biglaw, he wants to get his Rutgers Law grads a chance to cross the East Hudson River.
Let’s scrap this system. We need, at its entry level, the equivalent of a medical residency. Law school graduates would practice for two years or so, under experienced supervision, at reduced hourly rates; repaying their debts could be suspended, as it is for medical residents.
Gee whiz! So who would be the teaching hospitals for law grads, where they could be taken under wing "at reduced hourly rates"?
Law firms would be able to hire more lawyers, at the lower rates, and give talented graduates of less prestigious institutions a chance to shine. The firms, at the end of the residencies, could then select whom to keep. Even for those who don’t make the cut, the residency will have provided valuable experience. The law firms should be required, under this proposal, to offer stipends to help those residents who don’t make the cut but have debt burdens.
Less prestigious institutions? Like, oh, I dunno, Rutgers? And these firms, because they're rolling Dewey dough, would be essentially nationalized for the benefit of law students, even to the point of providing a stipend to further support the debt incurred by law school tuition?
Every form of legal practice could benefit, not just pro bono work. The largest firms would use the legal residents on large institutional matters and use the savings to lower hourly rates for clients. Large and small firms could afford to serve people who can’t afford legal services but don’t qualify for pro bono aid: the middle class.
Well, that would certainly benefit those poor, maligned large institutions who are suffering foreclosure and eviction. Oh wait. And large and small firms, well really small firms because large firms don't tend to represent tenants facing eviction very much, should be part of this scheme, obliged to take in your debt-burdened students "at reduced hourly rates," spend their days teaching and supervising them, dealing with the mess they leave behind, the personnel issues, the cost of real estate to warehouse these younguns, and when they don't hire them on a partnership track, pay them a severance?
And this does what for the 172,000 tenants who can't pay the rent?
In fairness to good Dean Farmer, I can't blame him for trying to get his grads into jobs, even if he's compelled to write an op-ed in the New York Times as utterly inane and bizarrely unrealistic as this. Maybe he's not being disingenuous, but really has no clue what it costs to survive, as a lawyer or as a human being on the bottom rung of over-educated society. Small firm economics may not be his strength, and chances are pretty good that he's never spent time with poor people in need of legal representation.
What compels this dissection is that the legal profession is near implosion, and yet the New York Times gives space to such nonsensical approaches as this, as the academy perpetuates self-serving solutions that seek to shift the problem onto practicing lawyers so that they can offer the promise of a financially rewarding career to their students without addressing the growth of tuition they charge and the debt their students take on. Law schools want lawyers to shoulder the cost so they can continue to charge with abandon.
But what is really insulting is the attempt to justify this by publicly suggesting to the unwary that it will provide legal services to those who can't afford a lawyer. Putting aside the giving them lawyers who don't know their ass from the elbow, the premise is false to begin with. Biglaw doesn't represent indigent tenants or mom and pop start-up businesses. They don't do simple wills for new parents. Give Biglaw 1000 baby lawyers and they may have document review nailed down, but nothing else.
But as law schools continue to churn out tens of thousands of grads every year, there aren't enough desks in Biglaw hallways to subsume these grads. Where would they go? How many solos have an extra desk in their office, time to spend overseeing a n00b who is thrown into the deep end, and the extra money to finance his law school mistake.
This is why we can't have nice things, but that doesn't stop the Times from giving space to law deans who will write anything to protect their turf. Are lawyers ready to get involved in this discussion, or would you rather find out about the new rule requiring you to take on baby lawyers at your expense? Because you don't have enough problems already? Hope your malpractice is paid up and your kids don't need dinner every night.
So if Dean Farmer really wants to play the Apprentice, then I'm going to play Trump. You're fired.
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Source: http://blog.simplejustice.us/2013/02/18/rutgers-law-dean-farmer-plays-the-apprentice.aspx?ref=rss
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The Fiscal Cliff: Impact of the Deal
Before the New Year, we did a show on how the fiscal cliff and how it could potentially impact the structured settlement industry and legal clients. Since then, a deal was reached averting a financial crisis for now and has been signed into law by President Obama. In this podcast, Ringler Radio host Larry Cohen and co-host, Bill Wakelee, follow-up with Dr. Christopher Coyne, Economist and Associate Professor of Finance at St. Joseph’s University, on the specifics on the fiscal cliff deal, general reaction and its overall impact on Americans and the structured settlement industry.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/01/the-fiscal-cliff-impact-of-the-deal/
Language is Everything
Sometimes, you have to be explicit. Here, NO Motel is offered.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/ay7qKuQiFOI/
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The "Pink Collar" Profession: The Male Paralegal's Perspective
Is the paralegal profession a woman’s world? Or is the number of male paralegals on the rise in this female-dominated profession? Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin get the male perspective and some interesting insight from special guests, Carl H. Morrison, II, PP, AACP, a Certified Paralegal at Rhodes Hieronymus and Zachary W. Brewer, CP, a Litigation Paralegal at Hall Estill.
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Gov.’s office releases more sales tax details
Myron Frans
Commissioner of Revenue Myron Frans is having a conference call with reporters at noon today to discuss Gov. Mark Dayton’s new sales tax proposal.
Ahead of that call, the Commissioner’s office released a guide, or FAQ list of the new proposals. It includes information on what would be taxed that isn’t currently and how the tax would be administered and collected.
There is some information for law firms exploring ways to get around the new business to business tax. In a nutshell, moving to Sioux Falls, S.D. won’t help you if you want to represent Target or Polaris in a Minnesota lawsuit. The tax will still be collected.
Frans’ office provides this example:
A Minnesota company hires legal counsel from a law firm located in Hudson, WI. The law firm provides legal advice and produces a memo for the company which is delivered to the company’s Minnesota office. Because the law firm does not have nexus in Minnesota, the Minnesota company is responsible for paying Minnesota use tax.
The 16-page booklet is available here.
Source: http://minnlawyer.com/minnlawyerblog/2013/02/15/gov-s-office-releases-more-sales-tax-details/
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Monday, February 25, 2013
Cryopreserved Embryos in Divorce Cases
Charles Kindregan, professor of law at Suffolk University Law School, discusses the emerging legal issues regarding cryopreserved embryos in divorce cases. Learn more about Professor Kindregan at http://bit.ly/hqQg1q.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/cryopreserved-embryos-in-divorce-cases/
Paralegal Hiring Trends
Are you ready to search for a paralegal job? On The Paralegal Voice Kim Wierzel, Esq., a reformed litigator and Placement Director with Special Counsel, joins co-hosts Lynne DeVenny and Vicki Voisin to talk about everything you need to know regarding the paralegal job market. Their discussion includes current paralegal hiring trends, educational and certification requirements, tips for paralegals just entering the job market, and the top three areas paralegal job seekers most need to improve to be more marketable. Kim also addresses a current "hot button" issue for the paralegal profession, i.e. whether employers are seeking inexperienced new attorneys instead of experienced paralegals.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/03/paralegal-hiring/
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NLRB's recent significant decisions
The NLRB this week made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. The Board continues with three members, Chairman Mark Gaston Pearce and Members Richard F. Griffin, Jr. and Sharon Block.
The decisions touch on a variety of issues including social media postings, charter school jurisdiction, backpay awards, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a contract.
Hispanics United of Buffalo
The Board found that the employer unlawfully fired five employees because of their Facebook posts and comments about a coworker who intended to complain to management about their work performance. In its analysis, the Board majority applied settled Board law to the new world of social media, finding that the Facebook conversation was concerted activity and was protected by the National Labor Relations Act. Member Hayes dissented.
Alan Ritchey, Inc.
In a unanimous decision that resolved the last of the two-member cases returned following the 2010 Supreme Court decision in New Process Steel, the Board found that where there is no collectively-bargained grievance-arbitration system in place, employers generally must give the union notice and an opportunity to bargain before imposing discipline such as a discharge or suspension on employees. Member Hayes was recused.
Latino Express
In a decision that will affect most cases in which backpay is awarded, the Board decided to require respondents to compensate employees for any extra taxes they have to pay as a result of receiving the backpay in a lump sum. The Board will also require an employer ordered to pay back wages to file with the Social Security Administration a report allocating the back wages to the years in which they were or would have been earned. The Board requested briefs in this case in July 2012. Member Hayes did not participate in the case.
Chicago Mathematics & Science Academy
Rejecting the position of a teachers’ union, the Board found that it had jurisdiction over an Illinois non-profit corporation that operates a public charter school in Chicago. The non-profit was not the sort of government entity exempt from the National Labor Relations Act, the Board majority concluded, and there was no reason for the Board to decline jurisdiction. Member Hayes dissented in part.
United Nurses & Allied Professionals (Kent Hospital)
The Board, with Member Hayes dissenting, addressed several issues involving the rights of nonmember dues objectors under the Supreme Court’s Beck decision. On the main issue, the majority held that, like all other union expenses, lobbying expenses are chargeable to objectors, to the extent that they are germane to collective bargaining, contract administration, or grievance adjustment. The Board invited further briefing from interested parties on the how it should define and apply the germaneness standard in the context of lobbying activities.
WKYC-TV, Gannet Co.
Applying the general rule against unilateral employer changes in terms and conditions of employment, the Board found that an employer’s obligation to collect union dues under a check-off agreement will continue after the contract expires and before a bargaining impasse occurs or a new contract is reached. Member Hayes dissented.
Source: http://www.lawmemo.com/blog/2012/12/nlrbs_recent_si.html
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UN chief calls for abolition of death penalty
[JURIST] UN Secretary-General Ban Ki-moon [official profile] on Monday reiterated his call for global support against the use of death penalty [statement]. The message was delivered by UN Deputy High Commissioner for Human Rights Kyung-wha Kang [official profile] in an event organized by the International Commission against Death Penalty [advocacy website]. Ban stressed that death penalty should be abolished because it is inconsistent with the most fundamental human right principle: right to life. He also expressed concern that some states...
Source: http://jurist.org/paperchase/2013/02/un-chief-calls-for-abolition-of-death-penalty.php
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DOJ Joins Whistleblower Case Against Lance Armstrong
Melissa Block talks to Mike Pesca about the Daytona 500 and the Justice Department joining a whistleblower lawsuit against Lance Armstrong.
Civil Penalties At Stake In Trial Against BP
A massive civil lawsuit over liability for the worst oil disaster in U.S. history goes to trial next week in New Orleans. The U.S. Justice Department and Gulf states say BP was grossly negligent and put profits over safety, leading to the 2010 explosion of the Deepwater Horizon. Eleven rig workers were killed. Settlement talks have continued but states say they are pushing for a trial to make sure BP is held accountable and pays to restore the Gulf Coast environment and economy.
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Source: http://www.npr.org/2013/02/20/172470389/civil-penalties-at-stake-in-bps-trial?ft=1&f=1070
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Are Suspects Just Too Tough?
No clue what happened or why this individual became the focus of police attention, but the visuals are pretty clear. It raises a question, however. Are all perps so darn tough that they require so many police officers to beat them at once?
Wouldn't just one or two be enough to teach a lesson to a person who is laying on the ground in a submissive position? Or do cops just do such a really awful job beating people that it takes so many? Just asking.
© 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.
Wouldn't just one or two be enough to teach a lesson to a person who is laying on the ground in a submissive position? Or do cops just do such a really awful job beating people that it takes so many? Just asking.
Apologies for the background music. Inappropriate and unhelpful.
© 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/2013/02/23/are-suspects-just-too-tough.aspx?ref=rss
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Smells Like Fake Insanity
Per the St. Petersburg Times:
To prove he's incompetent to stand trial on multiple felony charges, Robert Sinclaire Lee hid a razor in his mouth and used it to cut his wrist in court.
He smeared feces on his face.
And Monday, he entered a courtroom with feces hidden in his jail jacket pocket.Did it work? Nope. Why not? Well, among other evidence of malingering,
Prosecutors also have jail phone call recordings on which Lee laughs about acting "crazy."Who knew that prisoner's phone calls were monitored, other than EVERYONE (except Lee)? To read more, click here.
So what happened at the trial? Guilty. You can read more here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/Ks78JM-pjE4/post_594.html
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Actos Litigation
The Type II Diabetes drug, Actos has received a black box label, has had a label change warning of a 40% increase in the risk for bladder cancer, and has been banned in France and Germany. Yet, Actos still remains on the market in the United States. Ringler Radio, host Larry Cohen joins colleague Martin C. Blount and Attorney Michael J. Miller, from The Miller Firm LLC, to discuss the side effects of the diabetes medication Actos, including its connection to bladder cancer, reaction of the FDA, and recent litigation.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/05/actos-litigation/
Sunday, February 24, 2013
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.
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Securing Electronic Law Firm Data for Big and Small Firms
Law firms are increasingly being targeted by hackers seeking to access confidential business and personal information. 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 Digital Detectives co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, to discuss a variety of issues including: computer security, why attorneys are targeted and malpractice and ethics risks related to having inadequate security.
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LawBiz® Legal Pad: Don't Waste a Good Crisis
Whether it's a recession or a depression we're in, several lessons have surfaced we cannot ignore. This week, Ed ponders what we can learn from this crisis to ensure we're on the right track for the future.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/M4AL5fTqDcc/
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Brainless Blunders in E-Discovery Searches
Are you guilty of making big mistakes when it comes to e-discovery searches? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc., and John W. Simek, Vice President of Sensei Enterprises, welcome guest Attorney Craig Ball, one of the country’s leading computer forensics technologists, to share his insights on brainless blunders in e-discovery searches. Craig also talks about recall and precision as mortal enemies, data volume rather than data quality and tips on looking at data as data rather than as documents.
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Biggest Mistakes by Lawyers in Business Development
On The Un-Billable Hour, host Attorney Rodney Dowell, joins Paramjit Mahli, a Development Coach/Consultant for lawyers at The Rainmakers Roundtable, to discuss some of the biggest mistakes lawyers make when it comes to business development and what kind of "skill set" lawyers need in order to be successful when it comes to business development.
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LawBiz® Legal Pad: Technology Malpractice
Ed stresses the fact that knowledge of technology is now vital in order to be considered a competent lawyer.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/zDl1bpla7SQ/
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4 names for 2 openings in the 9th
Kraker’s seat will be chambered at Mahnomen in Mahnomen County and Hawkinson’s seat will be chambered at Grand Rapids in Itasca County.
Heidi Chandler is currently the Assistant Itasca County Attorney, where she prosecutes adult criminal cases and assists in child support, civil commitment, and juvenile delinquency cases. Previously, she was an associate attorney at the Undem Law Office, practicing in civil litigation and as a private criminal and public defender. Chandler is the former President of the Itasca County Bar Association.
Anne Rasmusson is a partner at Rust, Stock, Rasmusson, & Knutson, where she practices primarily in family law and litigation matters. She previously served as the chair of the 14th District Bar Association.
Eric Schieferdecker is an Assistant Attorney General for the State of Minnesota, and primarily prosecutes murder, drug, sexual predator civil commitment, and implied consent cases in the 9th and 7th Judicial Districts. Previously, he was the Chief Assistant County Attorney in Beltrami County. Schieferdecker is a board member and vice chair of the Sexual Assault Program of Beltrami, Cass, and Hubbard Counties.
Judge Korey Wahwassuck is an Associate Judge of the Leech Lake Band of Ojibwe Tribal Court, where she hears cases and drafts opinions. Previously, she was a tribal attorney for the Leech Lake Band and a solo practitioner in Missouri and Kansas. Additionally, Wahwassuck helped found and presides over the Leech Lake-Cass County-Itasca County Wellness Courts, the first joint tribal-state jurisdiction courts in the nation.
Minnesota’s 9th Judicial District consists of Aitkin, Beltrami, Cass, Clearwater, Crow Wing, Hubbard, Itasca, Kittson, Koochiching, Lake of the Woods, Mahnomen, Marshall, Norman, Pennington, Polk, Red Lake, and Roseau counties.
An announcement of the appointment will be made following an interview process over the next few weeks.
Source: http://minnlawyer.com/minnlawyerblog/2013/02/14/4-names-for-2-openings-in-the-7th/
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The 'Line' For Legal Immigration Is Already About 4 Million People Long
In the debate over immigration, many politicians seem to agree that people now in the U.S. illegally should wait at "the back of the line" for legal residency. But the backlog in processing applications means even those already in line face decades of waiting.
The Drunken Prosecutor Defense
An old friend of mine twitted at me in the hope of getting my goat:
Greenfield silent on ADA plea bargain in EMT assault? Is voluntary intoxication a defense for intentional conduct??
I can't imagine his profs at Columbia J-School would have thought well of his double question mark, but he was chiding me into a fuller discussion than twitter can afford. Even though a twit is limited to 140 characters, there's always room for excessive punctuation.
He was referring to the case of former Brooklyn Assistant District Attorney Michael Jaccarino, who got so blotto on night that he was found wandering the Brooklyn Bridge. Contrary to romantic movies, this isn't a good idea, and nobody unfortified or unsuicidal would do such a thing. He was picked up by an ambulance, where the story got even uglier.
The prosecutor, Michael Jaccarino, had been seen wandering, intoxicated, on the roadway of the Brooklyn Bridge in November. An assistant district attorney from Manhattan said that after the ambulance picked him up, he unbuckled himself from a gurney, struck an emergency medical technician, Teresa Soler, held her down with his forearm pressed against her neck and choked her.
Jaccarino has no memory of the event. Having avoided choking EMTs prior to the incident, it doesn't appear that he had a violent nature or was inclined to EMT beating. Yet it happened.
He was charged with 2d Degree Assault, but the case ended with a plea to misdemeanor assault and ten days of community service?
Mr. Jaccarino was initially charged with second-degree assault, a felony, but the assistant district attorney, Sherita Walton, told a judge in Manhattan Criminal Court that her office had decided to charge Mr. Jaccarino with reckless assault, a misdemeanor and allow him to resolve the case by pleading guilty to that charge rather than to a felony.
Mr. Jaccarino was so drunk, Ms. Walton told Judge Melissa A. Crane, that it would have been difficult to prove that he meant to assault Ms. Soler. She added that if Mr. Jaccarino’s “intoxication was of such an extent and nature to render him incapable of forming the particular criminal intent, then he would not be criminally responsible for committing this crime.”
My buddy was confused, wondering how voluntary drunkenness could get him a pass on the attack. The problem wasn't that being drunk meant you get to attack people with impunity, but that when crimes require specific intent, as was the case with Assault 2, the ability to formulate the intent is affected by drunkenness.
Penal Law 15.25 codifies the point:
§15.25 Effect of intoxication upon liability.
Intoxication is not, as such, a defense to a criminal charge; but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negative an element of the crime charged.
The jury charge provides that it's left to the jury to determine whether intoxicants affected the defendant's mind to such a degree that he was incapable of forming the intent necessary for the crime.
The courtroom was filled with EMTs, who were terribly dissatisfied with the perceived "slap on the wrist" given Jaccarino. He did some damage to one of their own, and they wanted payback. My buddy, who's job it is to impart wisdom to that aging segment of society who gets their wisdom from TV news, found it hard to imagine that voluntary drunkenness could be a defense to an assault. Was this an instance of one prosecutor doing a solid for another?
The way crimes are structured (or at least should be, provided there was no recent death of a child) is that aggravating factors increase the level of severity, and hence punishment. Was drunkenness a defense to assault? No. But it does mitigate the degree of culpability, as evidence that the defendant couldn't form the specific intent to commit the crime. Does that make it less of an assault? No, but it does make it difficult (and in this case, likely impossible), to prove Assault 2 with its intent element.
Jaccarino lost his job. Jaccarino will carry a misdemeanor conviction, which is no big deal if your future is a life of crime, but is a pretty big deal if you're a lawyer. The ten days community service is a throwaway sentence, and it wouldn't be a surprise to get a split sentence, anywhere from 30 days to 6 months, if he hadn't been a prosecutor, for the misdemeanor assault. It appears that the collateral consequences weighed on the sentence, and they should.
Did Michael Jaccarino mean to harm EMT Teresa Soler that night? Does anyone really think there was a violent nutjob hiding in the prosecutor's suit, waiting for the opportunity to attack in the back of an ambulance? Or was this an anomaly, a drunk who did something he would never otherwise do?
It seems as if an attack as violent as that perpetrated on Soler by Jaccarino ought to carry a heavier price, not because he was an evil, violent guy, but because he did some real harm to a person who was there to help him, a person whose career was dedicated to helping others and who was vulnerable to attack. It's ugly, and no one can blame the EMTs from wanting Jaccarino to be made an example so that others would know that you don't attack an EMT and get a slap on the wrist.
It's not that anyone, Jaccarino included, gets a free ride on an assault because he was drunk. He didn't, whether the ten days was sufficient or not. But the scheme of severity and sentence that goes with aggravating and mitigating factors is intended to provide lines not to be crossed. Would a sober Michael Jaccarino have assaulted Teresa Soler? If not, then the aggravating element of intent wasn't met.
And as to whether the prosecution cut a break to one of their own, perhaps. Or perhaps this is how the system is supposed to work, but too often the prosecution doesn't sufficiently take into account mitigating factors, such as the inability to formulate specific intent, and fails to offer a sentence that is properly suited to the moral culpability of the defendant. The point isn't to be needless harsh to the former prosecutor, but to me more merciful toward all.
Hope that helps, pal. And if I didn't mention it before, one of the things I've long admired about your reporting is your desire to get it right. It's why you're one of the best around.
© 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/2013/02/15/the-drunken-prosecutor-defense.aspx?ref=rss
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Saturday, February 23, 2013
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].
Source: http://www.lawmemo.com/blog/2012/06/eeoc_briefs_on.html
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SU Discoverlaw.org PLUS
Suffolk University Law School Dean Camille Nelson and Keren Zuniga McDowell, director of the Office of Academic Affairs at Suffolk University, discuss the SU Discoverlaw.org PLUS program. Learn more about SU Discoverlaw.org PLUS at http://bit.ly/yZhpOL.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/suplus/
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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/
The Fiscal Cliff: Impact of the Deal
Before the New Year, we did a show on how the fiscal cliff and how it could potentially impact the structured settlement industry and legal clients. Since then, a deal was reached averting a financial crisis for now and has been signed into law by President Obama. In this podcast, Ringler Radio host Larry Cohen and co-host, Bill Wakelee, follow-up with Dr. Christopher Coyne, Economist and Associate Professor of Finance at St. Joseph’s University, on the specifics on the fiscal cliff deal, general reaction and its overall impact on Americans and the structured settlement industry.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/01/the-fiscal-cliff-impact-of-the-deal/
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