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Tuesday, April 30, 2013
Come 2019, Any Debt Ex-Dewey Chair Owes Firm Vanishes
Roundly cast as the chief culprit in Dewey & LeBoeuf's collapse, former firm Chairman Steven Davis has agreed to pay the bankrupt firm's estate $511,145 as part of a broader settlement that protects him against potential mismanagement claims. However, thanks to a key clause contained in that settlement, it's possible Davis could end up not paying the estate a penny.
Language is Everything
In which category do you place yourself? These folks on a private farm have a sense of humor.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/BFQ_VfG_LGk/
The Best Resources for Staying Current in E-Discovery
How do you keep up with all that is going on in the world of e-discovery? 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, Neil Squillante, publisher of LitigationWorld, who discusses his selection of resources for staying current in e-discovery. Neil tells us how to keep up with e-discovery developments, lists his favorite blogs and podcasts, and explains how you can benefit from the Sedona Conference and webinars.
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Virginia Tech families allowed appeal in shootings case
The Supreme Court of Virginia now says it will consider appeals from both sides of the Virginia Tech wrongful death trial.
The court has agreed to hear an argument from the families of two victims of the 2007 shootings that – if they prevail on appeal – could allow recovery of more than $100,000 each.
The two families won jury verdicts of $4 million each, but each award was capped at $100,000 under the Virginia Tort Claims Act.
The Supreme Court already had agreed to hear the state’s argument that the families were not entitled to any recovery because university officials owed no duty to warn of danger from a third party.
The court decided Thursday to also consider whether Virginia Tech president Charles Steger should have remained in the case. Trial Judge William Alexander ruled the families’ claim against Steger was barred because Steger had been sued in an earlier action that was dismissed.
With Steger as a defendant, the plaintiffs would have a chance to avoid the $100,000 cap of the VTCA.
The families had asked the Supreme Court to reconsider its earlier decision not to take up the Steger issue.
The original petition for appeal would have been considered only by a three-judge panel. The petition to reconsider went before the full court, with any judge having the ability to grant an appeal. The court’s order granting the writ does not reflect which justice, or justices, agreed to take up the Steger issue.
The families’ successful petition for rehearing highlights the choice facing a lawyer who fails to get a writ. Two Supreme Court justices had some advice Friday for lawyers considering a request for a second look.
A lawyer might worry about appearing a sore loser, but neither Chief Justice Cynthia D. Kinser nor Justice Elizabeth A. McClanahan suggested the lawyer’s reputation should be a consideration.
“I can’t think of any reason not to do it if you believe you have a reason to do it,” McClanahan said, addressing lawyers at the Virginia State Bar’s Solo & Small Firm Practitioner Forum in Abingdon.
McClanahan said the court does not keep any tally of which lawyers ask for rehearings, and the lawyer’s name does not appear on the cover page.
Kinser said a petition for rehearing after denial of a writ will bring the issue before the entire court, improving the odds of success, but she urged lawyers not to hide their best arguments deep in a brief.
“I think the important thing, if you’re going to file one, is you need to catch our attention in the first paragraph,” Kinser said. “We have so much to read, it’s really important to tell us right in the beginning why somebody should grant your petition.”
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The LinkedIn Lawyer
Are you on LinkedIn? 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 chats with Dennis Kennedy, lawyer and co-host of The Kennedy-Mighell Report and Allison Shields, author of Legal Ease Blog, about their recently published book, LinkedIn in One Hour for Lawyers. Dennis and Allison talk about how attorneys are using LinkedIn, and the key features that make LinkedIn a valuable networking and client development tool without consuming all of an attorney’s time.
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/06/the-linkedin-lawyer/
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Ontario judge rules woman must remove veil to testify
[JURIST] A Toronto judge ruled Wednesday that a Muslim woman must remove her niqab [BBC backgrounder] while testifying in a sexual abuse case. The woman, known as NS, has been fighting for years to be allowed to wear her niqab while testifying and took her case to the Supreme Court of Canada [official website], which ruled in December that trial judge may make a case-by-case determination [JURIST report]. Justice Norris Weisman weighed NS's religious beliefs with the accused's right to...
Source: http://jurist.org/paperchase/2013/04/ontario-judge-rules-woman-must-remove-veil-to-testify.php
Benton County Attorney Robert Raupp appointed in 7th
Robert J. Raupp
Gov. Mark Dayton appointed Robert Raupp District Court Judge in the 7th District.
Raupp will be replacing Judge James W. Hoolihan, who has retired. The judgeship will be chambered at Foley in Benton County.
Raupp is the Benton County Attorney, where he represents the state in felony prosecutions and provides legal advice to the county board of commissioners. Previously, he worked in the Benton County Attorney’s Office, and, prior to that, was an Assistant City Attorney for the City of Minneapolis.
He earned his B.S. from the University of Wisconsin – Oshkosh and his J.D. from the Hamline University School of Law.
Raupp is the current chair of the Central Minnesota Violent Offender Task Force Board of Directors and president of the Benton County Law Library Board. He lives in Sauk Rapids with his family.
Minnesota’s 7th Judicial District consists of Becker, Benton, Clay, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, and Wadena counties.
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Legal Talk Network Live at LegalTechNY 2012-Burke & Company’s Christy Burke Talks About What’s New in Legal Industry
Christy Burke, from Burke & Company tells us about networking and shares the "latest and greatest" in legal technology. Christy also comments on exciting happenings within the legal industry including: convergence, mergers and acquisitions, and competition. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.
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LawBiz® Legal Pad: The Warning Signs of Financial Weakness
How do attorneys know if they're facing financial challenges? Ed talks about the warning signs and discusses solutions for them this week.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/j5cighbx6zg/
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Monday, April 29, 2013
Constitutionality of Prop 8 and the Future of Gay Marriage
Just this month, after a long three year legal battle, the Ninth U.S. Circuit Court of Appeals ruled that California’s Proposition 8, which is the ballot measure that banned gay marriage, is unconstitutional. The question remains-will this case now head to the U.S. Supreme Court? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and J. Craig Williams, join Jennifer C. Pizer, Legal Director at the Williams Institute at UCLA School of Law and Vikram David Amar, Associate Dean for Academic Affairs and Professor of Law at the University of California, Davis School of Law, to take a look at this ruling and what this means for the future of gay marriage in America.
IP Law Concentration
Professor Andrew Beckerman-Rodau discusses the Intellectual Property Law Concentration offered by Suffolk University Law School. To learn more about the program, please visit the Law School's website, http://bit.ly/JNtxXh.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/04/ip-law-concentration/
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Google to modify search displays in Europe in response to antitrust concerns
[JURIST] The European Commission [official website] announced [press release] Thursday that Google [corporate website] has agreed to provide clearer labeling of promoted links in order to assuage concerns that the search engine is abusing its dominance in the market by favoring its own products. This concession marks a significant step toward reaching an antitrust settlement that has been in dispute since the European Commission began investigating Google's near-monopoly in 2010. Google has offered to engage in market testing for one...
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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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DLA Piper Climbs to Top of Heap with 2012 Revenues of $2.4 Billion
DLA Piper was the top-grossing law firm in 2012, as U.S. law firms overall grew revenue by 3.4%, according to rankings published Thursday by American Lawyer magazine.
More accusations against B. Todd Jones surface
Roll Call is reporting the U.S. Justice Department is investigating at least two complaints made against Jones while he was the U.S. Attorney for Minnesota.
The first allegations is that he improperly retaliated against a whistle blower at the U.S. Attorney’s Office. The employee alleges Jones suspended the employee and gave a lower performance review because the employee was a whistle blower.
The second complaint, made by the same attorney, alleges “gross mismanagement and abuses of authority in the Narcotics and Violent Crime Section of the U.S. Attorney’s Office, District of Minnesota.”
President Barack Obama nominated Jones to be the director of the ATF Jan. 16. The Senate has not confirmed a director of the ATF since 2006.
Source: http://minnlawyer.com/minnlawyerblog/2013/04/24/more-accusations-against-b-todd-jones-surface/
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Sunday, April 28, 2013
ABA Panel Struggles for Answers on Law School Reform
The lack of consensus about what ails law schools and how to fix them was on display Wednesday during a daylong conference hosted by the American Bar Association's Task Force on the Future of Education.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202597437111&rss=rss_nlj
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Ontario judge rules woman must remove veil to testify
[JURIST] A Toronto judge ruled Wednesday that a Muslim woman must remove her niqab [BBC backgrounder] while testifying in a sexual abuse case. The woman, known as NS, has been fighting for years to be allowed to wear her niqab while testifying and took her case to the Supreme Court of Canada [official website], which ruled in December that trial judge may make a case-by-case determination [JURIST report]. Justice Norris Weisman weighed NS's religious beliefs with the accused's right to...
Source: http://jurist.org/paperchase/2013/04/ontario-judge-rules-woman-must-remove-veil-to-testify.php
Virtual Paralegals: Forming a Magical Team
Are you thinking about working virtually but don’t know how to get started? Paralegal Voice co-host Vicki Voisin welcomes virtual professionals Tina Marie Hilton, owner of Clerical Advantage and Cathy L. Ribble, ACP, owner of Digital Paralegal Services, LLC, to spotlight virtual paralegals and how to form a magical team. Tina and Cathy share their personal experiences, the important skills needed to be a successful virtual professional, as well as the websites and blogs that they visit often for their businesses. They also predict a very bright future for virtual professionals and provide their reasoning for that.
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Structured Settlements and NSSTA’s 2012 Mission
NSSTA stands for National Structured Settlements Trade Association - the largest gathering of top professionals in the country taking the a lead in the structured settlement industry. On Ringler Radio, host Larry Cohen welcomes Eric Vaughn, Executive Director of National Structured Settlements Trade Association, to discuss what’s ahead for NSSTA 2012. Eric addresses everything from NSSTA’s Annual Meeting to its Take the Hill initiative with Congress, and the steps individuals of retirement age should take to ensure a better financial future.
Click the link to see a video snippet of the podcast.
Click the link to see a video snippet of the podcast.
U.S. Supreme Court to examine whether human genes are patentable
But first the court will have to decide whether there is an Article III case or controversy, SCOTUSblog explains. The Federal Circuit court ruled that only one of the 20 original plaintiffs had standing. The Supreme Court granted review on the validity of Myriad’s patents, but the defendant hasn’t let go of the standing issue. And, a question of whether there is a live controversy goes to whether SCOTUS has the authority to rule, so it will have to be considered.
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So, What Are You In For?
That's not a question this man will want to answer. Why? Because the answer is ... dognapping. As reported by The Sun Sentinel:
A canine con man was busted Wednesday after trying to extort an $8,000 cash ransom from a North Naples woman in exchange for her two white 3-year-old Samoyeds, Ava and Snowdot, according to a news release from the Collier County Sheriff's Office.
On Monday, a man, later identified as Dathan Charles Cyr, sent a text message to the woman asking her if she was still looking for her two lost dogs that had been missing since April 14th when they got lost, deputies said.
The brokenhearted woman reportedly had placed ads in local publications and passed out fliers offering a reward for her lost pooches.
The woman answered the mysterious texter, who claimed to be a Latina female named 'Diana' who lived in Immokalee, that she was still looking for her dogs. 'Diana' claimed to have the dogs, the release stated.
'Diana' then allegedly threatened to shoot the dogs if the woman wouldn't pay the $8,000 ransom.You bastard!
So the woman contacted deputies who devised a plan to collar the doggie-napper.
A meeting with 'Diana' was arranged, and on Wednesday an envelope was dropped off at a designated location in Naples chosen by 'Diana."Clearly "Diana" never watches TV.
When 'Diana", aka Dathan Charles Cyr, showed up five minutes later and snatched the envelope, deputies stationed nearby put a leash on the suspect and later hauled him the The Big Dog House, according to the report.
For added measure a detective dialed the phone number that the suspect used to call the woman...and the cell phone in Cyr’s car's center console began to ring, according to deputies.Boom!
Cyr reportedly later 'fessed up to the crime in an interview with detectives.Here's the source, including a mug shot, and photos of the dogs.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/txFHKXkHJNg/post_657.html
OMG! Lawyers Are Texting?
Twenty years ago, lawyers were debating whether to use email in their practices. It's now impossible to imagine lawyers practicing without using email. Studies indicate that eight trillion text messages were sent in 2011. Will we see texts and IMs becoming as integral to law practice as email has become? In this episode, Dennis Kennedy and Tom Mighell discuss the growing use of texts and IMs by everyone, how these technologies are starting to play a role in the everyday practice of law, and how lawyers should prepare for the use of these technologies in the future. 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/2012/04/omg-lawyers-are-texting/
Going To The Well ... Three Times Too Often?
If this dude is a sports fan, here's guessing that his favorite cliche is the one about running a successful play over and over until the opposing team stops it. Now, It may be useful in sports, but in crime? Not so much. Especially crimes against property ... As reported in The Spectator [Hamilton, Ontario]:
Police had staked out a Subway restaurant on Lake Street Tuesday that’s been robbed three times before, when a man robbed the Esso gas bar next door at Scott Street.
The suspect was nabbed with the cash running from the gas bar. Turns out, detectives say the man is the same one who’s hit the Subway so often.
A 38-year-old St. Catharines man has been charged with four counts of robbery and was scheduled to appear in St. Catharines court Wednesday.Doh!
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/Wc1hnlIh_a8/post_650.html
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The Internet of Things and Our Virtual Lives
The Internet of Things explains the virtual representation of objects on the web — like turning your car’s AC on from a smartphone app. Is it possible that soon the internet will be able to control our daily lives, down to resetting our alarm based on the train schedule we take to commute to work? Dennis Kennedy and Tom Mighell talk about the possibilities and implications of the internet of things in our daily lives and in the legal field. The second portion of the show explains The Human Genome Project, and what Kennedy learned after sending in his DNA.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/03/the-internet-of-things/
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Saturday, April 27, 2013
Can You Get Jail Time For Watching A Cartoon?
So do you think someone can get jail time for watching a cartoon? Would it make any difference if the cartoons were sexual? Decide for yourself, after reading this from stuff.co.nz:
Ronald Clark downloaded the Japanese anime cartoons three years ago, setting in train events that would see him in court in Auckland and jailed for three months for possessing objectionable material, and sparking debate as to what harm is caused by digitally created pornography.That's a yes. Perhaps a little background will assist you, perhaps not.
Clark has previous convictions for indecently assaulting a teenage boy and has been through rehabilitation programmes, but the video nasties he was watching in this case were all cartoons and drawings. He says the videos came from an established tradition of Japanese manga and hentai (cartoon pornography), a massive, mainstream industry in that country.
They weren't even depictions of people - Clark's lawyer Roger Bowden described them as "pixies and trolls" that "you knew at a glance weren't human". Bowden said the conviction for possessing objectionable material was "the law gone mad".
However, while the cartoon characters were elves and pixies, they were also clearly young elves and pixies, which led to concerns the images were linked to child sexual abuse.So what do you think? If you're uncertain, you can read more (a fair amount) here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/hSIltXhi0Q8/post_653.html
Delaware Chancery Court Decisions Highlight That a "Crucial Difference" In Analyzing Director Liability For "Bad Faith" In the Context of an M&A Sales Process Is the Seriousness of the Bidder
Two decisions earlier this year by the Delaware Court of Chancery in which the Court (Noble, V.C.) reached opposite conclusions on the divergent facts before it, serve to highlight that determining whether a bidder is “serious” in its pursuit of the target is a key factor in analyzing a target director’s liability for “bad faith” in the context of a merger and acquisition (“M&A”) sales process under Delaware law.
Revlon Duties Generally
Once a board of directors has decided to pursue a process that will result in the sale of the corporation, it is obligated to maximize stockholder value by seeking the highest purchase price reasonably available. See Revlon, Inc. v. MacAndrews & Forbes Holdings, 506 A.2d 173 (Del. 1986). If the target’s certificate of incorporation includes the exculpatory provisions permitted by Section 102(b)(7) of the Delaware General Corporation Law, 8 Del. Code § 102(b)(7), a plaintiff who seeks to challenge the board’s decision must demonstrate that the board acted in “bad faith” in order to succeed on a breach of the duty of care claim. Accordingly, if the corporation has in place a Section 102(b)(7) exculpatory provision, a defendant’s motion to dismiss claims of breach of fiduciary duties in the M&A sales process context will be successful unless the plaintiff pleads facts supporting the conclusion that (1) directors breached their duty of loyalty (i.e., the majority of the board approving the transaction was “interested”) or (2) the directors acted in bad faith.
In re Novell, Inc. Shareholder Litigation, 2013 WL 322560 (Del. Ch. Jan. 3, 2013): Motion to Dismiss Denied
In March 2010, the board of directors of Novell, Inc. (“Novell”) issued a press release announcing that it was rejecting an unsolicited, non-binding offer to purchase the company for $5.75 per share and was retaining a financial advisor to “explore various alternatives to enhance stockholder value.” Over the next few months, fifty potential buyers were contacted, thirty potential buyers signed non-disclosure agreements and nine potential buyers submitted preliminary non-binding proposals. Novell’s board decided to pursue discussions with five of the potential buyers that had submitted non-binding proposals, including Attachmate Corporation (“Attachmate”). Subsequently, Attachmate, who, unlike the majority of bidders, had already been allowed to work with two strategic partners, indicated that it was having difficulties arranging financing and, unlike any other bidder, was allowed to seek additional financing. In August, the two remaining bidders, Attachmate and “Party C,” were asked to submit “best and final offer[s].” Even though Attachmate’s bid was $0.06 lower, it was granted exclusivity. During the exclusivity period, Microsoft offered to purchase certain patents and patent applications from Novell for $450,000,000, and Attachmate, unlike any other bidder, was told of the Microsoft offer and invited to submit a revised bid.
Ultimately, Novell’s board of directors accepted Attachmate’s revised bid, which reflected a purchase price of $6.10 per share. Upon public announcement of the transaction, certain Novell stockholders brought suit in Delaware Chancery Court against Novell’s board alleging, among other things, that the board had breached their fiduciary duties by conducting an “‘improper and opaque’ sales process [that] failed to maximize shareholder value” and had favored Attachmate over other bidders. Although the Court noted that the board was “not absolutely required to treat all bidders equally,” he did not dismiss the case at the pleading stage because the facts pled indicated that the board “treated Party C in a way that was both adverse and materially different from the way they treated Attachmate,” which supported “an inference that the Board’s actions were in bad faith.”
In re BJ’s Wholesale Club, Inc. Shareholders Litigation, 2013 WL 396202 (Del. Ch. Jan. 31, 2013): Motion to Dismiss Granted
In February 2011, the board of directors of BJ’s Warehouse Club, Inc. (“BJ’s”) issued a press release announcing that it had hired a financial advisor to “evaluate potential strategic alternatives.” Shortly thereafter, “Party A,” one of two direct channel competitors, expressed interest in acquiring BJ’s; however, because Party A “had no prior history of acquiring domestic companies” and BJ’s board of directors was “not comfortable sharing material, non-public information with a direct competitor,” Party A was rebuffed. Nonetheless, Party A submitted a conditional proposal to acquire the company in an all-cash transaction at a purchase price in the range of $55 to $60 per share. After two subsequent meetings with Party A, BJ’s board of directors determined that “it would not be in the best interest of [BJ’s] to pursue the expression of interest by Party A.”
Ultimately, BJ’s board of directors accepted a private equity offer that reflected a purchase price of $51.25 per share. Upon public announcement of the transaction, certain BJ’s stockholders filed suit in Delaware Chancery Court against BJ’s board of directors alleging, among other things, that the directors had breached their fiduciary duties by “shunn[ing] Party A . . . despite its superior offer of $55 to $60 per share.” The Court, echoing the concerns of the BJ’s board of directors, dismissed the action because, among other things, “Party A’s proposal was subject to further due diligence and regulatory analysis” and the board “had no reason not to rely on its [financial advisor’s] advice that strategic buyers, including Party A, would not likely be interested or that their interest would not lead to a serious offer.”
The “Crucial Difference”
In the BJ’s decision, Vice Chancellor Noble articulated the “crucial difference” between this case and Novell: the Novell board’s actions “occurred after the board had determined that the bidder was a serious participant,” while “the [BJ’s] board was making an initial assessment, in its business judgment, whether pursuit of Party A’s expression of interest was in the best interest of the Company and whether a transaction with Party A raised serious regulatory issues” (emphasis added). In other words, directors may have some leeway in their treatment of bidders in the initial stages of an M&A sales process; however, once a board of directors has adjudged bidders to be “serious,” it is imperative that the board treat all such bidders equally.
For further information, please contact David Sands at (213) 617-5536 or David Niemeyer at (213) 617-5590.
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Supreme Court Urged to Curb Employment Retaliation Claims
Four years ago, a divided U.S. Supreme Court raised the bar for proving claims under the Age Discrimination in Employment Act. On Wednesday, employers urged the justices to impose the same high standard for retaliation claims under the nation's major job bias law--Title VII--and under similarly worded laws.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202597394567&rss=rss_nlj
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Predictive Coding: A Rose by Any Other Name
One of e-discovery’s hottest topics today is predictive coding. So what exactly "is" predictive coding? 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 Dan Gallivan, one of the founders and Chief Technology Officer for Gallivan Gallivan & O’Melia , to discuss technology-assisted review, also known as predictive coding. Dan shares his thoughts on this new technology replacing keyword search, common areas of misunderstanding and Judge Peck’s role as a flag bearer for predictive coding.
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Queen of Toxic Torts, Sheila Birnbaum, Decamps for Quinn Emanuel
Sheila Birnbaum, one of the most accomplished product-liability defense lawyers in the country and a stalwart at Skadden, Arps, Slate, Meagher & Flom LLP for over two decades is leaving the firm for Quinn Emanuel Urquhart & Sullivan LLP.
The Luis Guaman Case
Professor Epps, Co-Director of Suffolk Law's International Law Concentration, discusses the murder trial of Luis Guaman and the extradition issues involved in the case. Learn more about our International Law concentration at http://bit.ly/Jemqnl.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/the-luis-guaman-case/
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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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Gone Clio with Attorney Joe Bahgat
Listen as Clio co-founder Jack Newton talks with special guest, Attorney Joe Bahgat of Bahgat Law LLC. Jack and Joe talk about cost savings through Clio, hiring a virtual assistant, tools to help you stay organized and the capabilities of Clio’s document management and Clio Connect features.
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/05/gone-clio-with-attorney-joe-bahgat/
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Ultrabook Benefits for Attorneys
The big story at the 2012 Consumer Electronics Show was "ultrabooks." This new category of computer stole the thunder, at least for a few days, from tablet computers. Should lawyers be considering ultrabooks in 2012? In this episode, Dennis Kennedy and Tom Mighell take a look at the new world of ultrabooks, whether tablet computers like the iPad are taking over the computer market, and what it all means for traditional notebook computers and desktop PCs.After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.
Friday, April 26, 2013
Controversial Legislation in Women’s Health
From the Obama Administration’s decision on female contraception coverage, to the Congressional hearing on women’s health featuring an all-male panel of witnesses, to the Rush Limbaugh/Sandra Fluke firestorm, legislation targeting women's health is causing quite the political controversy across the country. Lawyer2Lawyer co-host and attorney, Craig Williams, joins Attorney Shari Rendall, Director of Legislation and Public Policy for Concerned Women for America and Attorney Gretchen Borchelt, Senior Counsel for Health and Reproductive Rights for the National Women’s Law Center, to discuss current legislation aimed at women's issues, reaction from women’s groups and the present state of women's rights.
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Falling Asleep On The Subway In New York? Expensive.
If you ride the subway frequently (The Juice did back in the day, before he discovered bicycling to work) you always see people nodding off. Chances are, though, that very few of them were toting this kind of merchandise. As reported by Brooklynpaper.com:
A crook stole a bookbag from a sleeping straphanger riding the D train near the Pacific Street subway station on Apr. 11, police said.
The man fell asleep at 3 am, and when he woke up, his bag — which contained a laptop, credit card, iPod, designer jacket, passport, and $200 in cash — was gone without a trace.Ouch.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/gPmoTWkHWQM/post_656.html
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D.C. Bar: Careening Toward Another Dues Ceiling Increase?
The D.C. Bar is socking away more than $500,000 a year for a building fund. And your dues were just increased so this fund can grow next year from $1.9 million to $2.4 million.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202597380343&rss=rss_nlj
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324 pass February bar exam
There are celebrations and groans across the state as February bar examination takers learn of the results. Overall, more than 57 percent of those who sat for the exam on Feb. 26 and 27 passed.
A total of 324 passed out of 564 total takers, according to W. Scott Street III, secretary-treasurer of the Virginia Board of Bar Examiners. Of those, 206 had completed all requirements and were licensed, and 118 passed the exam but have not yet been licensed, most of whom are awaiting results from the Multistate Professional Responsibility Exam, Street said.
The VBBE has the lists of names of those who passed.
Many of the new lawyers will be admitted to the Supreme Court of Virginia at a special session on June 3 in Richmond. The admission ceremony is arranged by the Young Lawyers Conference of the Virginia State Bar.
The pass rates for all applicants and for Virginia law schools, provided by the VBBE, are below. The University of Virginia takes top honors with a 90.48 percent overall pass rate. The rate is 100 percent for first-time Cavalier test takers.
| First-time Takers Percentage | Overall Percentage | ||
| All Virginia Bar Exam Applicants | 65.71% | 57.45% | |
| Virginia Law Schools: | |||
| Appalachian School of Law | 25.00% | 42.86% | |
| College of William and Mary | 50.00% | 61.11% | |
| George Mason University | 90.00% | 75.00% | |
| Liberty University | 100.00% | 64.29% | |
| Regent University | 66.67% | 77.27% | |
| University of Richmond | 45.45% | 50.00% | |
| University of Virginia | 100.00% | 90.48% | |
| Washington and Lee University | 57.14% | 40.00% | |
UPDATE: This post was updated on April 26 to correct the total number who passed the exam and to add breakdown numbers from Street.
Source: http://valawyersweekly.com/vlwblog/2013/04/25/317-pass-february-bar-exam/
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Privacy: A B-to-B Carve-Out in Privacy Legislation
The U.S. Supreme Court doesn't recognize a privacy interest for businesses, as opposed to that enjoyed by individual consumers.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202596653371&rss=rss_nlj
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Supreme Court hears arguments on blackmail, river dispute
[JURIST] The US Supreme Court [official website] heard oral arguments Tuesday in two cases. In Sekhar v. United States [transcript, PDF; JURIST report] the court heard arguments on whether an attorney's "recommendation" is intangible property that can be gained through bribery, and thus under the jurisdiction of federal extortion law [18 USC § 875(d)], including the Hobbs Act [18 USC § 1951 (a)]. Paul Clement, the attorney representing Giridhar Sekhar, argued that extortion and blackmail can only apply to tangible...
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In-Vitro Fertilization, Custody Rights and Family Law
A Massachusetts court orders a man to pay child support for twin girls, born through In-vitro fertilization and with donor sperm and eggs, even though he was estranged from his wife at the time of conception. Is this fair? With the rise in IVF treatments, there are more and more cases across the country with complicated custody matters. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams join Attorney Maureen McBrien from the firm, Todd & Weld LLP and Certified Family Law Specialist and trial attorney Violet P. Woodhouse, to explore the legal issues surrounding in-vitro fertilization, custody rights and family law.
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Strength in Numbers
Yet another attempt to harness the magnificent power of the interwebz demonstrated conclusively that 1000 people can be just as wrong as one. According to the Atlantic Wire, the reason the FBI release photos of the Tsarnaev brothers was to "fend off Reddit and the New York Post."
The social media site and notorious tabloid emerged as front runners in the race to distribute potentially useful but ultimately useless information in the early days of the investigation. The Post identified a Saudi suspect and reported 12 people were killed in the initial blasts. Both were not true. They then identified two people on their Thursday BAG MEN cover as F.B.I. suspects. That was also not true. Meanwhile, Reddit was on the case early looking at every picture possible trying to identify potential suspects. "I’d take thousands of people over a select few very smart investigators any day," one moderator said of the Boston suspect hunting sub-Reddit. Except, they didn't find a thing, and only helped add to the confusion surrounding the case.
Reflecting the two greatest virtues of the digital age, speed and the power of crowds, both the sub-Redditors and the Post managed to screw up royally. Way to go.
As many of us watched the unfolding news reports following the Boston Marathon bombing, it was impossible not to recognize that reports contradicted each other from channel to channel, with breathless anchors trying desperately to fill air time when they had nothing to say. It wasn't long before the Al Qaeda pundits were out in force, screen shots of Al Jazeera graced the tube and chicken little was screaming about the apocalypse. A disgraceful display of irrelevance in the rush to pretend otherwise.
But the internet is better than that. Where the mainstream media is impotent, the virtual citizenry was on the case.
The F.B.I. wanted to limit the damage being done" to people being wrongly identified by Reddit or the Post or any other amateur sleuthing being done. Once they were able to identify which faces in the crowd were the suspects late on Wednesday afternoon, they had a decision to make. The fear was that if they didn't head off the Internet's Sherlock Holmes approach early, then all-out chaos would ensue during the investigation.
People who had nothing whatsoever to do with the bombings were outed and accused. Their names, faces, will be forever emblazoned on the internet as bombers who weren't. All because of religion that adores the brilliance of the crowd over actual thought.
This leaves us with two problems, the first being the harm done to those individuals who were accused of being the bombers but weren't. It's no small thing for someone to have half the internet accusing them of a horrific crime in perpetuity when there was nothing, absolutely nothing, to support such an accusation. But hey, it's the internet. It's not like anyone believes anything you see there right? Not a future employer. Not an educational institution. Not a potential spouse. Nobody.
The other aspect is that no one is responsible. When one person points a finger, at least you know who it is. When it's the accumulated wisdom of thousands, who's to blame? The hive mentality of the crowd allows each participant to point to the guy next to him and say, "well, he said so, and I just went along with the crowd." There was once a time when the fact that a lot of people said something, thought something, was a less than adequate substitute for being right. Remember that whole earth is flat thing?
There is strength in numbers. If a lot of people say so, then it must be, no matter how utterly wrong and baseless it is. And the internet is nothing if not numbers. You don't know who these people are, what they know, how smart or stupid they are, how credible they are. You know nothing about them. You have no clue whether they have something worthwhile to offer or are blowing smoke. You don't know.
And yet, thousands are thrilled to embrace any bit of stupid on the internet at the speed of, well, the internet.
Was it fun playing junior detective? Was it cool to try to beat out the mainstream media? You certainly got the Post to bite, even though that's a bit like waging war against the French.
But you hurt people who didn't deserve to be hurt. Is that what the crowd had in mind? Are you proud of yourselves for that?
Like any tool, the internet offers vast opportunity to disseminate information in a flash and help to illuminate and inform, particularly where other media sources are invariably behind the time curve or bound up in whatever tangent some assistant producer thought visually appealing hours ago.
But like any tool, it can be used poorly, or be the wrong tool for the job. In this instance, it was a bludgeon used to pound innocent people. It was the wrong tool in the wrong hands, and harm ensued. This is a warning for Redditors, or any other collective group of self-empowered digital detectives with more time than grasp. Crowds are not magic. Crowds don't inherently know things. People who know things know things, and you aren't one of them.
The strength in numbers that comes from crowdsourcing not only magnifies the harm you can do, but covers the responsibility for doing such harm. Yet everyone who hid behind the numbers is individually responsible for their contribution to digital stupidity and the ruin of an innocent person's life. For crying out loud, get a grip and remember that this isn't a game for your amusement.
You have no greater right to harm people than anyone else, so if you don't have a clue what you're talking about, shut up. Just because you're part of the crowd doesn't mean you have anything worthwhile to offer or that you bear no responsibility for doing harm.
© 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/2013/04/22/strength-in-numbers.aspx?ref=rss
Putting the Web to Work for You
Have you ever wanted one action on the Web automatically trigger another action? For example, if you post a tweet, it automatically becomes a LinkedIn or Facebook update or if you star a blog post in Google Reader, it automatically gets added to your Evernote account. IFTTT (If This, Than That) is a web service does exactly that. In this episode of the Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss web automation and IFTTT, how it might make your life a little easier, and the role this type of service might play for the busy lawyer.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/putting-the-web-to-work-for-you/
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Thursday, April 25, 2013
Obesity can be a disability, at least in Montana
Obesity can be a disability, at least in Montana.
Full decision: BNSF Railway v. Feit (Montana 07/06/2012)
Feit got a ruling from the Montana Department of Labor that BNSF Railway discriminated against him by refusing to hire him because BNSF regarded him as being disabled due to his obesity.
BNSF then went to federal court to get a review of whether it violated the Montana Human Rights Act (MHRA) by refusing to hire Feit because of his obesity.
The federal court then asked the Supreme Court of Montana to decide how to rule, asking this question: Is obesity that is not the symptom of a physiological condition a "physical or mental impairment" as it is used in Montana Code Annotated section 49-2-101(19)(a)?
The Montana Supreme Court answered with a qualified yes. The court answered: Obesity that is not the symptom of a physiological disorder or condition may constitute a "physical or mental impairment" within the meaning of Montana Code Annotated section 49-2-101(19)(a) if the individual's weight is outside the "normal range" and affects "one or more body systems" as defined in 29 CFR 1630.2(h)(1)(2011).
The federal court laid out these facts:
1. BNSF offered Eric Feit a conditional offer of employment as a conductor trainee. The employment was conditioned upon successful completion of a physical examination, drug screening, background investigation, proof of employment eligibility, and BNSF’s Medical History Questionnaire.2. On February 6, 2008, BNSF informed Feit he was not qualified for his “safety sensitive” position because of the “significant health and safety risks associated with extreme obesity.”
3. BNSF told Feit he would not be considered for the job unless he either lost 10% of his body weight, or successfully completed additional physical examinations at his own expense. Regardless of the test results, BNSF did not guarantee Feit a job.
4. With the exception of a sleep study test, Feit successfully completed the additional physical exams BNSF requested. The sleep test cost at least $1,800, and Feit could not afford the test.
5. Because BNSF informed Feit that it would not consider him for the conductor trainee position unless he completed the sleep study, Feit set out to lose 10% of his weight.
6. A genuine dispute exists regarding whether BNSF received documentation of Feit’s weight loss.
The Montana Supreme Court noted that the EEOC Interpretive Guidance distinguished between conditions that were impairments and conditions that were simply physical characteristics, which suggested that a person with normal weight required a physical condition to qualify as an impairment. The court referred to the ADAAA which instructed courts that they were interpreting the statute too restrictively and expressed its specific intent that determination of disability not demand extensive analysis (122 Stat. at 3553-54).
The DISSENT noted that the definition of a "physical and mental impairment" included "any physiological disorder, or condition" that affects a major system of the human body (29 CFR 1630.2(h)(1)), and argued that the plain meaning required a physiological condition be present before an impairment existed.
Source: http://www.lawmemo.com/blog/2012/07/obesity_can_be.html
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Power play: County reassigns clerk’s staffers
Chesterfield County Circuit Court Clerk Judy Worthington – while pressing for additional county support and threatening to cut services for the court – was blindsided last month as the county administrator announced the transfer of seven county-funded positions.
The county is immediately removing those positions from under Worthington’s control and placing them with the judges and the county sheriff.
The move means an eventual budget cut of about $600,000 for her office, Worthington told the Richmond Times-Dispatch.
The transfer decision comes after years of friction between Worthington and circuit judges, much of it concerning the services performed by the clerk’s office at the courthouse.
In a January memo to Chief Judge Frederick Rockwell III, Worthington announced she was suspending “courtesy duties” including preparation of court orders, pre-trial dockets, capiases, summonses and restricted operator licenses.
In a statement to the Times-Dispatch, Worthington said she had requested money for additional staff for more than five years, but her repeated requests to the county administration had been denied.
Source: http://valawyersweekly.com/vlwblog/2013/04/22/power-play-county-reassigns-clerks-staffers/
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Deadline for Filing FICA Tax Refunds is April 15
As previously reported (click here), the payment of certain severance benefits may be exempt from FICA taxes. Under the Sixth Circuit’s decision in Quality Stores (click here), severance pay made in connection with an involuntary separation from employment due to a reduction in force, plant shutdown or similar condition (“supplemental unemployment compensation benefits”) are not subject to FICA taxes. The request by the IRS for an en banc review of the Quality Stores decision was denied by the Sixth Circuit. The Supreme Court has granted the government’s request for a one-month extension to file its petition for certiorari, extending the due date from April 4 to May 3.
Currently, the IRS is refusing refund claims outside the Sixth Circuit. Nevertheless, clients potentially entitled to a refund should consider filing a protective claim with the IRS for a refund of FICA taxes previously paid. The filing of a claim will extend the period of time for which FICA taxes paid on such severance could be recovered, should the Supreme Court eventually rule against the IRS.
The deadline for filing a protective claim for severance benefits paid in 2009 is April 15, 2013.
Source:
http://www.corporatesecuritieslawblog.com/tax-deadline-for-filing-fica-tax-refunds-is-april-15.html
Turning TECHSHOW Topics into a Technology Agenda
Each Spring, ABA TECHSHOW takes center stage as one of the premier legal technology conferences. While there is great value in attending legal tech conferences, all lawyers can benefit simply by seeing what's on the TECHSHOW agenda. Organizers put a lot of thought into their agendas, so we can all learn where to put our technology focus by seeing what topics these shows cover. Dennis Kennedy and Tom Mighell use TECHSHOW 2012 as an example of how to assess your current technological agenda, talk about the major topics being covered at TECHSHOW, and suggest ways you can use the TECHSHOW topic list to set your technology priorities for 2012. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.
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Yes, You Are Entitled
No, not the Slackoisie, who are just going to hate this, but the employer. Via Reviving Work Ethic.
H/T Stephanie West Allen
© 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.
H/T Stephanie West Allen
© 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/2013/04/15/yes-you-are-entitled.aspx?ref=rss
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Boldfacing Around Tsarnaev (Update)
My pal, Tamar Birckhead, successfully defended shoe bomber Richard Reid. By successfully, I mean that she kept him alive. When it comes to defending accused terrorists, even ones as ridiculously incompetent at their mission as Reid, success is defined differently.
When the media needed meat to grind out its media sausage, Tamar was an obvious choice. She knew what she went through, what the experience of defending someone under the microscope of terrorism was like. And having gone from federal defender to UNC clinical lawprof, she had the opportunity and curriculum vitae to do the job.
In the Boston Herald's initial salvo of handicapping the defense, Tamar led the quote parade with some thoughtful words:
Following Tamar is Stephen Jones, who defended Timothy McVeigh. His defense was less successful, as reflected in McVeigh's execution. Still, he offered a realistic assessment.
But the Boston Herald piece then devolves to where the angry and cynical expect it to go, and where the media is at its worst. The next two bold face names used to flesh out the piece come from the handful of lawyers always available for comment, no matter what the subject, no matter what they have to offer. And it shows.
First comes Geoffrey Fieger, who can never be sure which chair to sit in when he enters the well, and whose justification for offering his half cent is that his "clients have included assisted-suicide advocate Dr. Jack Kevorkian." And Kevorkian has what to do with terrorism or this case?
Whenever there is a big criminal case that captures the public's imagination, there is a chance to be in the limelight. There will be some lawyers, like Tamar and Stephen, who are knowledgeable about what the defense is about to go through, and can help enlighten the public.
And then there are those who desperately want to see their names in print despite the utter lack of anything to contribute. They say outrageous things. They say stupid things. They only care if their name is spelled correctly, and don't give a hoot about the silliness they contribute to the story.
At this point, there may very well be a worthwhile trial ahead, where this kid's defense will be that he was a vulnerable youth, manipulated into serving as an acolyte to his adored older, but hateful brother. It may be the truth, despite the havoc he caused. I don't know what drove him to do this. You don't know. Clearly, neither does Feiger or Dershowitz, but that won't stop them from spewing nonsense. And if a reporter calls them for comment, they will answer.
And they won't be the only lawyers or lawprof with nothing to offer who will be readily available for a quote or TV appearance. Not by a long shot.
Update: While there's little doubt that other newspapers, other new reports, will bring out a wealth of media sluts to promote their brand, the damage being done by a couple of scholars by reducing anything remotely resembling thought to its most base instinct may be the nadir.
Via Gideon at A Public Defender, this post has to be read to be believed.
© 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.
When the media needed meat to grind out its media sausage, Tamar was an obvious choice. She knew what she went through, what the experience of defending someone under the microscope of terrorism was like. And having gone from federal defender to UNC clinical lawprof, she had the opportunity and curriculum vitae to do the job.
In the Boston Herald's initial salvo of handicapping the defense, Tamar led the quote parade with some thoughtful words:
“We know he’s 19 years old, we don’t think he has a criminal record or been in trouble before. There are a lot of people out there that seem to have warm, positive things about him,” said Tamar Birckhead, whose client, Richard Reed, tried to blow an airliner out of the sky but got life by copping a plea. “To predict he’ll get a life sentence is not unreasonable.”Bereft of hyperbole, the worst that will come of it is the blind hatred of those who can't bear any word, any thought, about Tsarnaev that isn't a cry for blood. Ironically, that's largely the message, that the defense of the most hated man in America, at least this week, will spend an awful lot of time fending off the rage that comes with the job.
Following Tamar is Stephen Jones, who defended Timothy McVeigh. His defense was less successful, as reflected in McVeigh's execution. Still, he offered a realistic assessment.
... the baby-faced Tsarnaev can pin the Boston Marathon and last week’s deadly final rampage on his slain big brother and seek mercy as a kid who was easily swayed.While the public will read these words as manipulative, lawyers will read them as pragmatic. This is the job we do, the life we've chosen. We make the best of the worst situation, and as McVeigh's execution shows, it doesn't always work, so don't get too worked up about it.
“If the younger brother can shed any light on the circumstances of the older brother’s alleged involvement,” said Jones, “that’s valuable information that the government would want.”
But the Boston Herald piece then devolves to where the angry and cynical expect it to go, and where the media is at its worst. The next two bold face names used to flesh out the piece come from the handful of lawyers always available for comment, no matter what the subject, no matter what they have to offer. And it shows.
First comes Geoffrey Fieger, who can never be sure which chair to sit in when he enters the well, and whose justification for offering his half cent is that his "clients have included assisted-suicide advocate Dr. Jack Kevorkian." And Kevorkian has what to do with terrorism or this case?
“Nothing about the outcome is assured.”Cool story, bro.
“This case is ripe for somebody who’s got the courage to stand up and talk about the system and the railroading of criminal defendants,” Fieger said. “He’s been denied the right to a fair trial. And America’s ...cheering like it was some kind of sporting event. That wasn’t a very flattering image to the rest of the world. Cheering like they won the World Series.”Huh? What the heck is he talking about. Did anybody tell him the interview was about Tsarnaev? Does he know who this kid is, what this case is about? The railroading of criminal defendants? Lest we get too down on Feiger, then comes the Big Kahuna of perpetual availability when it comes to a quick and easy quote. none other than the Harvard Lawprof with a home on Sutton Place and a finger in the latest misbegotten lawyer start-up vulture biz, Viewabill:
Harvard Law professor Alan Dershowitz, a member of OJ Simpson’s “dream team,” said, “The case will go down one of two ways. Either plea bargain ... or he’ll want to become a martyr and he’ll admit everything, boast about the crime, seek to justify it and demand the death penalty.”Two ways, Dersh? Really? Not three or seven? So it's impossible that he will follow the sound advice of his counsel and assist in his vigorous defense? It's impossible that the government will not offer a plea to life imprisonment and he will be forced to trial? It's impossible that he won't want to become a martyr?" Because you know stuff from being the weak link on the OJ team?
Whenever there is a big criminal case that captures the public's imagination, there is a chance to be in the limelight. There will be some lawyers, like Tamar and Stephen, who are knowledgeable about what the defense is about to go through, and can help enlighten the public.
And then there are those who desperately want to see their names in print despite the utter lack of anything to contribute. They say outrageous things. They say stupid things. They only care if their name is spelled correctly, and don't give a hoot about the silliness they contribute to the story.
At this point, there may very well be a worthwhile trial ahead, where this kid's defense will be that he was a vulnerable youth, manipulated into serving as an acolyte to his adored older, but hateful brother. It may be the truth, despite the havoc he caused. I don't know what drove him to do this. You don't know. Clearly, neither does Feiger or Dershowitz, but that won't stop them from spewing nonsense. And if a reporter calls them for comment, they will answer.
And they won't be the only lawyers or lawprof with nothing to offer who will be readily available for a quote or TV appearance. Not by a long shot.
Update: While there's little doubt that other newspapers, other new reports, will bring out a wealth of media sluts to promote their brand, the damage being done by a couple of scholars by reducing anything remotely resembling thought to its most base instinct may be the nadir.
Via Gideon at A Public Defender, this post has to be read to be believed.
© 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/2013/04/23/boldfacing-around-tsarnaev.aspx?ref=rss
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