Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/07/the-legal-trade-show-survival-guide/
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Tuesday, January 15, 2013
The Legal Trade Show Survival Guide
Learn how to make the most of your next legal trade show experience when The Legal ToolKit host and Senior Law Practice Advisor with Mass. LOMAP, Jared Correia, chats with Andrea Cannavina, the Founder and CEO of LegalTypist, Inc. Andrea and Jared explain how to decide which events to attend, how to network, the benefits of getting involved in conference planning, and much more.
HRW: UN commission must examine human rights in North Korea
[JURIST] Human Rights Watch (HRW) [advocacy website] called Friday for a UN commission to examine human rights abuses in North Korea [press release]. The rights group stated that little has changed within the totalitarian government since Kim Jong-un [BBC profile] succeeded his father Kim Jong-il [BBC obituary] in leading the country one year ago. HRW stated the situation may be getting worse, noting a drop in the number of individuals escaping into China and reports by successful escapees of increasing...
Source: http://jurist.org/paperchase/2013/01/hrw-un-commission-must-examine-human-rights-in-north-korea.php
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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/
Monday, January 14, 2013
Judiciary assignment called for lawyer skills
Bob Goodlatte was twenty years out of practice with his courtroom skills when he had to share prosecution duties in the impeachment of a federal judge.
Goodlatte, Virginia’s 6th District congressman, presented evidence before a U.S. Senate panel in 2010 as one of two “lead managers” making the corruption case against U.S. District Judge Thomas Porteus of New Orleans. Defending Porteus was a panel of high-powered attorneys led by constitutional law Prof. Jonathan Turley.
At the Roanoke Bar Association meeting Tuesday, Goodlatte spoke with pride about his success in the case. The Senate convicted Porteus on each of four impeachment charges, not only removing him from the bench but forever disqualifying him from public office.
With Goodlatte now elevated to chairman, the House Judiciary Committee faces two hot button issues “right out of the box,” he said. The panel will be addressing immigration law and recommendations of a presidential commission on mass shootings.
Source: http://valawyersweekly.com/vlwblog/2013/01/09/judiciary-assignment-called-for-lawyer-skills/
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The Fiscal Cliff Impact
As we approach the end of 2012, the nation waits on news regarding the “fiscal cliff” and whether a compromise can be reached on Capitol Hill. What exactly is the “fiscal cliff” and what are the possible resolutions? On this Ringler Radio podcast, host Larry Cohen joins colleague and co-host, Rich Ryan and guest, Dr. Christopher Coyne, Economist and Associate Professor of Finance at St. Joseph’s University, to talk about the potential impact of the fiscal cliff and the security of structured settlements.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/12/the-fiscal-cliff-impact/
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Watching The Watcher
It's only fitting that a man who was watching a woman who was not aware she was being watched, was caught because, while he was watching, he was also being watched. Get it? Sure, it would have been easier (though much less satisfying) to say "peeping Tom caught by camera." As reported by wmbf.com (Myrtle Beach):
It was just after midnight on Wednesday when a woman living on Pridgen Road noticed a man peering through her bedroom window with his face "only inches away from the glass," states the incident report from Myrtle Beach Police.
The woman was on the phone with her boyfriend at the time, and believes a passing car scared the man away. But moments later the man was spotted again looking through the woman's kitchen window.Go home!
Later in the day, the woman reported what she saw to the manager of her apartment complex who was able to view the incident on the surveillance cameras. The video shows the man looking into two different windows in the victim's apartment, then entering an apartment in the same building.Hmm.
A neighbor of the victim viewed the video and identified the man as her husband, who left their home when he learned the victim had called police.Yet another problem solved by just avoiding ... wait, this just in ...
Myrtle Beach Police sought warrants against the suspect, 23-year-old Tony Darin Hayes. He was taken into custody late Thursday night and charged with peeping tom, eavesdropping or peeping.Here's the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/qo24a53aiOs/post_569.html
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The Legal Trade Show Survival Guide
Learn how to make the most of your next legal trade show experience when The Legal ToolKit host and Senior Law Practice Advisor with Mass. LOMAP, Jared Correia, chats with Andrea Cannavina, the Founder and CEO of LegalTypist, Inc. Andrea and Jared explain how to decide which events to attend, how to network, the benefits of getting involved in conference planning, and much more.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/07/the-legal-trade-show-survival-guide/
Corporate Personhood: The Carpooling Edition
A California traffic court has ruled against a Marin County activist who, to protest expanding definitions of corporate personhood, had been driving alone in the carpool lane with incorporation papers for his non-profit in the passenger seat.
Source: http://blogs.wsj.com/law/2013/01/10/corporate-personhood-the-carpooling-edition/?mod=WSJBlog
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David Lange: Golan, Again
David L. Lange, Melvin G. Shimm Professor of Law at Duke University Law School, revisits the Supreme Court case, Golan v. Holder, discussing the decision and its aftermath. Read more about Professor Lange at http://bit.ly/rw3ueY.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/david-lange-golan-again/
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The Year in Review
The battle over Obamacare dominated the high court. Meanwhile, federal regulators won -- and lost -- big in 2012, and vacancies continue to multiply on the federal bench.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202582384216&rss=rss_nlj
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Helpful Tips for Women Solo Practitioners
New Solo host, Attorney Kyle R. Guelcher, a solo practitioner and the most recent Chair of the Young Lawyers Division of the Massachusetts Bar Association is joined by Attorney Melissa Conner, from the Conner Law Offices out of Boston, Massachusetts, to spotlight women solos. Melissa shares her recommendations on everything from which organizations female attorneys can join when first starting their office, to the benefits of a women’s bar association to how to find a mentor.
Source: http://legaltalknetwork.com/podcasts/new-solo/2012/02/helpful-tips-for-women-solo-practitioners/
Is Your Food Safe?
3,000 Americans die every year from food-borne illnesses. Recent warnings include listeria in lettuce, salmonella in tuna and E. coli in ground beef. So, is the food Americans eat safe? Are the FDA, USDA and federal laws doing enough to keep our food supply free from potentially deadly pathogens? Lawyer2Lawyer co-host and attorney, Craig Williams gets the facts from food safety experts, William Marler, Managing Partner of Marler Clark and Editor of Food Safety News, and Dr. Michael Doyle, the Director of the University of Georgia’s Center for Food Safety.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/is-your-food-safe/
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Child’s Play: What E-Discovery Teams Can Learn from Kindergarteners
Law Technology Now, host and editor-in-chief of ALM’s Law Technology News, Monica Bay joins U.S. Magistrate Judge David J. Waxse, to discuss his Law Technology News article, Child’s Play. Judge Waxse discusses nine ways e-discovery teams can follow the lead of elementary school students and cooperate with their opponents by listening, sharing, compromising and more.
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Sunday, January 13, 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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U.S. Supreme Court to hear Virginia insurance case
With review of a Virginia case, the United States Supreme Court could end confusion in some cases over whether a decedent’s spouse or a former spouse gets the life insurance benefits.
In the case of Hillman v. Maretta, a husband took out life insurance through his federal job and made his wife the beneficiary. He later divorced and remarried without changing the beneficiary. On his death, the widow sought to recover the benefits from the former wife.
Under Virginia law, the ex-wife could be made to pay, but the Virginia Supreme Court held federal law preempted the Virginia law since the insurance policy was issued through the Federal Employees’ Group Life Insurance plan.
The Virginia court acknowledged its decision broke with rulings from a majority of other state court decisions, and the widow urged the U.S. Supreme Court to settle the conflict.
“Until it does so, there will be an increasing amount of needless nationwide litigation regarding this unresolved issue causing unnecessary hardship to grieving families,” wrote Daniel Ruttenberg of Vienna in the widow’s petition for appeal.
The U.S. Supreme Court accepted the appeal Friday.
Source: http://valawyersweekly.com/vlwblog/2013/01/12/u-s-supreme-court-to-hear-virginia-insurance-case/
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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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New hotspots planned for courthouses — but don’t break the rules
Installation of a public guest Wi-Fi network in courthouses is underway in Minnesota, with a planned completion date of June 2013.
But do not use a computer or smartphone in a courtroom unless you know the judge is ok with it. Additionally, some courthouses completely prohibit the use of mobile phones and computers. Use of Wi-Fi enabled devices is governed by local rules.
The free service does not require a password. In almost all court facilities, it appears as MJB_Guest when Wi-Fi-enabled devices are turned on. Before gaining access to the network, individuals are presented with a “terms and condition” dialog box, which they must “Accept.”
In Hennepin County, Wi-Fi access is being provided through the Hennepin County Government Center through the HC_Guest network. This network also does not require a password and is accessible in most district court common areas and offices. Over the next several months, additional hotspots will be added to expand and strengthen Wi-Fi coverage in courtrooms, judicial chambers, and publicly-accessible conference rooms.
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Satisfaction? Selling Off Appellate Rights
Bad cases make bad law, and it seems that any case involving Crystal Cox is, almost by definition, bad. Bad, bad, bad. Which is why it's painful to see the newest issue raised in one of the most bizarre cases around, Obsidian Finance Group, LLC v. Cox .
Having obtained a judgment against Cox, and Cox having slightly less blood than a rock with which to satisfy the judgment or post a bond to stay execution pending appeal, the plaintiffs have moved forward to execution while Cox pursues, though her pro bono counsel, Eugene Volokh, an appeal.
It's worth noting that Eugene's involvement reflects a true dedication to the underlying First Amendment cause, rather than any particular love of the individual. That said, I can't help but wonder whether there are any regrets, given that his client is the one no experienced lawyer would allow near his office, and the significance of the free speech issues at stake are not, upon reflection, nearly as important as they first appeared. Indeed, the issues are fact-bound, and the facts are awfully ugly.
Yet, this bad case begets another bad issue, as Eugene explains:
While the papers go on at length wrangling over procedural issues, where the plaintiff's fairly straightforward contentions, particularly about Younger abstention over the state court execution of a judgment, appear far more persuasive than Eugene's efforts to get the district court to stick its nose in. But the core issue, whether the right to appeal can be sold out from under a litigant who can't afford to post bond, is one with far larger implications. And of course, it has to arise in this case, with this defendant.
Eugene finally gets around to mentioning this problem at page 10 of his memorandum in support of the motion:
While some would argue that the losing defendant doesn't deserve the right to appeal, as it will burden the prevailing plaintiff with the cost of appeal, and should the defendant lose on appeal, the plaintiff will have no chance of recovering a bill of costs since the defendant can't cover the initial judgment, that's not how the system is supposed to work.
An appeal as of right is an integral part of the system. Courts aren't perfect, and even the poor are entitled to review. At least that's the way I always thought it was supposed to work.
David Aman, representing Obsidian in opposition to the motion, has come up with some caselaw supporting the proposition that the right to appeal is one of the intangible rights against which the plaintiff is entitled to execute judgment. He contends that if Cox wants to appeal, all she need do is bond her judgment, thus assuring plaintiff of recovery if she loses on appeal. If she can't or won't, then the plaintiff is entitled to do whatever he can to collect, and that includes "choses in action," including her appeal.
The underlying issue is disturbing, in that depriving a poor person of their right to appeal by what Eugene properly characterizes as an "end run" has implications for all poor defendants. It is not, as Eugene argues, harmless to the opposition to stay execution despite the absence of a bond, as there are real costs associated with defending against an appeal. On the other hand, that's part of the scheme of civil litigation, and the burden isn't so great as to justify depriving poor litigants of their right to appeal.
The one aspect that remains unclear is whether Eugene brought his motion in the right court for the right relief. It seems that he might have been better off moving for relief before the state court, under whose jurisdiction execution would happen, and thus eliminate the Younger abstention issue. The other choice was the 9th Circuit, who could have ruled that they would consider the appeal regardless of the sale of Cox's right to appeal as a matter of their own supervisory authority.
But why must it happen that this issue arises in a case with such an unsavory hero? Why does it always seem to happen that way? Nonetheless, even the most unsympathetic litigant is entitled to the same rights as the beloved one, and even the deservedly poor are entitled to the legal protections afforded the fabulously wealthy. And so, we're stuck with another Crystal Cox issue, and forced to root for the dark side.
© 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.
Having obtained a judgment against Cox, and Cox having slightly less blood than a rock with which to satisfy the judgment or post a bond to stay execution pending appeal, the plaintiffs have moved forward to execution while Cox pursues, though her pro bono counsel, Eugene Volokh, an appeal.
It's worth noting that Eugene's involvement reflects a true dedication to the underlying First Amendment cause, rather than any particular love of the individual. That said, I can't help but wonder whether there are any regrets, given that his client is the one no experienced lawyer would allow near his office, and the significance of the free speech issues at stake are not, upon reflection, nearly as important as they first appeared. Indeed, the issues are fact-bound, and the facts are awfully ugly.
Yet, this bad case begets another bad issue, as Eugene explains:
- Obsidian Finance and Kevin Padrick sue Crystal Cox. They win at trial, and get a large judgment.
- Cox appeals on First Amendment grounds (I’m representing her on appeal). Cox has very little money, so she can’t put up a so-called “supersedeas bond” (a bond for the full amount of the judgment) that is required to keep plaintiffs from seizing her assets to execute the judgment. But that doesn’t block her appeal, since under federal law one generally doesn’t need to put up a bond in the amount of the judgment to appeal — one only needs the bond to stop execution on the judgment pending appeal.
- But plaintiffs have a different view: They go to Oregon court, register the judgment, get a writ of execution, and ask the sheriff to seize and sell to the highest bidder Cox’s “intangible personal property,” in the form of ... Cox’s right to appeal.
While the papers go on at length wrangling over procedural issues, where the plaintiff's fairly straightforward contentions, particularly about Younger abstention over the state court execution of a judgment, appear far more persuasive than Eugene's efforts to get the district court to stick its nose in. But the core issue, whether the right to appeal can be sold out from under a litigant who can't afford to post bond, is one with far larger implications. And of course, it has to arise in this case, with this defendant.
Eugene finally gets around to mentioning this problem at page 10 of his memorandum in support of the motion:
Well, yeah. That's a problem, and that's exactly what would happen. It would happen to Crystal Cox. It would happen to any other poor litigant, unable to bond a stay of execution.Yet if plaintiffs’ end run around the Rules were accepted, then poor defendants in civil cases would routinely lose their rights to appeal. Defendants would not be able to afford to get a bond for the amount of the judgment. Plaintiffs would then be able to get sheriffs to levy on the defendants’ right to pursue the appeal. Plaintiffs would buy the right cheaply at the sheriff’s sale, since nobody would be competing with them at the auction. And they would then use the newly acquired right to drop the appeal against them.
The appeal bond requirement that the Federal Rules rejected would thus come in through the back door. Poor defendants would be unable to effectively challenge the judgments against them. And the development of the law would be distorted because appellate courts would be unable to hear the defendants’ appeals. This is not consistent with the system that the Rules strive to create.
While some would argue that the losing defendant doesn't deserve the right to appeal, as it will burden the prevailing plaintiff with the cost of appeal, and should the defendant lose on appeal, the plaintiff will have no chance of recovering a bill of costs since the defendant can't cover the initial judgment, that's not how the system is supposed to work.
An appeal as of right is an integral part of the system. Courts aren't perfect, and even the poor are entitled to review. At least that's the way I always thought it was supposed to work.
David Aman, representing Obsidian in opposition to the motion, has come up with some caselaw supporting the proposition that the right to appeal is one of the intangible rights against which the plaintiff is entitled to execute judgment. He contends that if Cox wants to appeal, all she need do is bond her judgment, thus assuring plaintiff of recovery if she loses on appeal. If she can't or won't, then the plaintiff is entitled to do whatever he can to collect, and that includes "choses in action," including her appeal.
The underlying issue is disturbing, in that depriving a poor person of their right to appeal by what Eugene properly characterizes as an "end run" has implications for all poor defendants. It is not, as Eugene argues, harmless to the opposition to stay execution despite the absence of a bond, as there are real costs associated with defending against an appeal. On the other hand, that's part of the scheme of civil litigation, and the burden isn't so great as to justify depriving poor litigants of their right to appeal.
The one aspect that remains unclear is whether Eugene brought his motion in the right court for the right relief. It seems that he might have been better off moving for relief before the state court, under whose jurisdiction execution would happen, and thus eliminate the Younger abstention issue. The other choice was the 9th Circuit, who could have ruled that they would consider the appeal regardless of the sale of Cox's right to appeal as a matter of their own supervisory authority.
But why must it happen that this issue arises in a case with such an unsavory hero? Why does it always seem to happen that way? Nonetheless, even the most unsympathetic litigant is entitled to the same rights as the beloved one, and even the deservedly poor are entitled to the legal protections afforded the fabulously wealthy. And so, we're stuck with another Crystal Cox issue, and forced to root for the dark side.
© 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/2013/01/12/satisfaction-selling-off-appellate-rights.aspx?ref=rss
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Burn Injury Litigation
Millions of burn injuries are reported every year in the United States. When an individual is severely burned, they can be left scarred, endure severe emotional trauma and some often succumb to their injuries. On Ringler Radio, host Larry Cohen joins Attorney Marc Breakstone, founder and principal at Breakstone, White & Gluck, to talk about the various types of burn injuries litigation, liability and prevention.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/11/burn-injury-litigation/
Lucky 13 - Happy New Year
I hadn't thought of it before I received Marsha's email. Next year is 2013! And if you abhor the number 13, you're in for a long, hard year. As with Marsha, I also feel that 13 is a lucky number. And a baker's dozen is 13, a gift of one extra roll. So, what bonus will come to you this next year? Marsha provides us with 13 ideas for making next year a good year. Can you add another 13 to will make your life better?
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/4Xra8gjjHH8/
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I’ll Tumblr for Ya
While Facebook, LinkedIn and Twitter draw the lion’s share of social media attention, there are many other social media platforms available to lawyers. Tumblr, Pinterest and Foursquare are just a few of the alternatives. How can you evaluate which of these tools might be worthy of your time and effort? On The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell survey the lesser-traveled landscapes of the social media world, identify some tools that might make sense to some lawyers in some scenarios, and speculate about the future of specialized social media tools.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/ill-tumblr-for-ya/
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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Saturday, January 12, 2013
Is Your Food Safe?
3,000 Americans die every year from food-borne illnesses. Recent warnings include listeria in lettuce, salmonella in tuna and E. coli in ground beef. So, is the food Americans eat safe? Are the FDA, USDA and federal laws doing enough to keep our food supply free from potentially deadly pathogens? Lawyer2Lawyer co-host and attorney, Craig Williams gets the facts from food safety experts, William Marler, Managing Partner of Marler Clark and Editor of Food Safety News, and Dr. Michael Doyle, the Director of the University of Georgia’s Center for Food Safety.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/is-your-food-safe/
Find Now, Read Later
We can find almost anything on the Internet, but retrieving the results at a later date isn’t as easy. Are there ways to “harvest” the web so we can find and read relevant research at a later time? Kennedy-Mighell Report hosts Dennis Kennedy and Tom Mighell, answer this question by sharing ways to save and keep track of web research, the resources for reading web findings later or offline, and whether techniques like capturing a blog post on a Kindle or iPad really help us with the problem of information overload.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/find-now-read-later/
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What Can Happen To You If You Don't Hold The Door Open For A Lady?
The Juice is a believer in some old-fashioned notions, like men holding the elevator door open for women. Too bad a fellow in Boston, Mohammed Warsame, is not likeminded. Here's why, as reported by The Boston Herald:
A Roxbury man was slopped with a plate of pasta, punched, kicked, spit on and beaten with handbags by two women who told investigators they needed to “teach him a lesson” for not holding an elevator door for them, police said.Holy smokes!
When Boston police arrived at 1050 Tremont St. late Saturday night to break up the lift tiff, they said they found noodles dripping off the back of Mohammed Warsame.
Kenyana McQuay, 27, and Waltia Funches, 28, told officers Warsame “was rude to them” because he didn’t hold the elevator door open as they walked into the building, and so “they had to use their fists, their bags and their feet to teach him a lesson.”
Warsame said he threw water bottles at the two women to try and fend them off.Certainly etiquette sticklers like these ladies would treat the police with respect, right? Wrong.
Police, who described McQuay and Funches as “extremely agitated,” “uncooperative” and “verbally abusive toward officers,” summonsed both women to Roxbury District Court on assault and battery charges.Oh my!
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/zWH9q4tFU80/what_can_happen_to_you_if_you.html
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Defending Big Data
On this October edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, chats with Mark Melodia, partner at Reed Smith and Antony Kim, a partner at Orrick, to discuss the Law Technology News October cover story, Defending Big Data.
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/10/defending-big-data/
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Helpful Tips for Women Solo Practitioners
New Solo host, Attorney Kyle R. Guelcher, a solo practitioner and the most recent Chair of the Young Lawyers Division of the Massachusetts Bar Association is joined by Attorney Melissa Conner, from the Conner Law Offices out of Boston, Massachusetts, to spotlight women solos. Melissa shares her recommendations on everything from which organizations female attorneys can join when first starting their office, to the benefits of a women’s bar association to how to find a mentor.
Source: http://legaltalknetwork.com/podcasts/new-solo/2012/02/helpful-tips-for-women-solo-practitioners/
A Bad Breakup, A Tell-All and Prior Restraint
In Florida, an intriguing First Amendment case sprung out of the ashes of an ugly breakup between a Ferrari-driving Canadian developer and a Texas woman.
Source: http://blogs.wsj.com/law/2013/01/10/a-bad-breakup-a-tell-all-and-prior-restraint/?mod=WSJBlog
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Former In-Houser Faces up to Life in Prison if Convicted
Anthony Chiofalo, a former in-house lawyer in Houston who was charged along with his wife with stealing $9.3 million from his company, is in custody facing the prospect of life in prison if convicted. That's not the only legal problem facing Chiofalo and his wife. His former employer, Tadano America Corp., has filed suits seeking damages consisting of the money the Chiofalos allegedly stole.
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FTB issues Notice to Retroactively Deny "Qualified Small Business Stock" Tax Benefits. Amended Returns Should be Filed.
A California appellate court recently held as unconstitutional the California statutes extending the benefits of selling “qualified small business stock” (QSBS) to California taxpayers. In Cutler v. Franchise Tax Board (2012) 208 Cal. App. 4th 1247, the court held that the QSBS exclusion and deferral statutes – California Rev. & Tx. Cd. §§ 18038.5 and 18152.5 – discriminated against non-California corporations and therefore violated the Commerce Clause of the U.S. Constitution.
As a result of the Cutler decision, the California Franchise Tax Board has determined that these statutes are now invalid and unenforceable and that an appropriate remedy is to deny the exclusion and deferral to taxpayers who benefited from them.
In FTB Notice 2012-03, the FTB has announced that it will allow the exclusion and deferral with respect to the sale of stock of all corporations meeting the tests under the statutes (not just the corporations meeting the unconstitutional 80% California payroll and property tests) – but only for years beginning before January 1, 2008. For those few taxpayers whose pre-2008 tax years are still open, and who otherwise meet the QSBS exclusion or deferral tests, a claim (or protective claim) for refund is available.
However, for all tax years beginning on or after January 1, 2008, all taxpayers will be denied the exclusion and deferral for California state income tax purposes. Those taxpayers who benefitted from the exclusion or deferral will be notified by the FTB, and additional taxes (and interest) will be assessed; estimated tax penalties may also apply. Affected taxpayers should consider filing amended returns.
The FTB’s FAQs can be found at the following link: https://www.ftb.ca.gov/law/Qualified_Small_Business_Stock_and_Cutler_
Decision.shtml.
This development has no impact on the federal QSBS exclusion and deferral, which remain in effect.
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EEOC briefs on line
This is pretty cool.
EEOC briefs are now on line. [Here]
They cover briefs filed in the US Circuit Courts of Appeals in which the EEOC was a party, plus amicus briefs filed in the US Circuit Courts of Appeals, District Courts, and state courts.
And there is a user-friendly search function.
Briefs filed in the US Supreme Court are not in this collection, and can be found through the US Solicitor General's collection [here].
Source: http://www.lawmemo.com/blog/2012/06/eeoc_briefs_on.html
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/
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Friday, January 11, 2013
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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The Economic Impact of Lawsuits by Patent Trolls
Patent litigation has taken off in recent decades. While many of the most visible patent lawsuits are initiated by major technology companies seeking to gain leverage over competitors, an increasing number are brought by patent trolls—firms that acquire patents with no intention of developing a technology with them, but instead use them to threaten practicing companies with litigation over alleged infringements. In this BU Law podcast, host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth, joins James E. Bessen, lecturer in law at Boston University School of Law and a faculty associate at the Berkman Center for Internet and Society at Harvard, to talk about his paper, The Private and Social Costs of Patent Trolls. Together they discuss the economic impact of the surge in lawsuits by patent trolls, the potential for legislation to solve this problem, and how the patent war is ultimately affecting innovation.
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The Lost Art of the Online Discussion
For many years, we used email and listservs for private and public discussions. Today, the last thing we want to do is add a high-volume email list to our overloaded email inboxes. Yet, we still have the need for discussions of all kinds. What are good ways to have discussions using technology today? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss today’s options for discussions, how to select the right forum for discussions, and whether we can improve the quality of the discussions we have with others.
America's First Great Depression: Economic Crisis and Political Disorder after the Panic of 1837
Alasdair Roberts, Suffolk Law's Rappaport Professor of Law and Public Policy, discusses his upcoming book and how it relates to the United States economy today. Learn more about Professor Roberts at http://bit.ly/zTKaZP.
Therapeutic Jurisprudence and Employment Law
In this podcast, Professor David Yamada, founding director of the New Workplace Institute at Suffolk University Law School, discusses therapeutic jurisprudence, a movement that is bringing psychological insights to bear on the law and legal practice.
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The Law and the Liability of Eugenics
For decades, a program called Eugenics gave state boards the right to deem someone "unfit to procreate." The outcome of this was 66,000 Americans were selectively sterilized between the late 1920’s and the 1980’s. Lawyer2Lawyer co-host and attorney J. Craig Williams welcomes Professor Alfred Brophy, from the University of North Carolina School of Law and Attorney James Bowden from Waller Lansden, to discuss this controversial practice, the US Supreme Court’s shocking decision on eugenics and why forced sterilization "is" technically constitutional.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/02/the-law-and-the-liability-of-eugenics/
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The Best Paralegal Law Technology Trends
Paralegals need to know the latest trends in law practice and productivity technology to contribute to a successful law practice. For the hottest tech trends, Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin turn to Jared D. Correia, Esq., the Senior Practice Advisor for Massachusetts’ Law Office Management Assistance Program (MASSLOMAP). Jared shares his thoughts on everything from law practice management software, to cloud-based solutions and document management, to remote access and the benefits of social media. A big fan of legal support staffers, he explains why they are a key part of the legal team. This podcast is a must-listen for both paralegals and attorneys!
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Washington's sexual orientation discrimination amendment is not retroactive
The Washington State Supreme Court held today that a sexual orientation discrimination amendment adopted in 2006 is not retroactive.
The court also concluded that conduct that took place prior to the amendment is admissible background evidence to prove the discriminatory nature of certain conduct occurring after the amendment.
Loeffelholz v. Univ of Washington (Washington 09/13/2012)
Loeffelholz sued under the Washington Law Against Discrimination (WLAD) claiming discrimination based on sexual orientation. WLAD was amended in 2006 to include sexual orientation as a protected class, and Loeffelholz alleged several pre-amendment acts and one post-amendment act.
The Washington Supreme Court held that (1) the WLAD amendment is not retroactive and the pre-amendment conduct is not actionable as it was not unlawful when it occurred, and (2) the post-amendment allegedly discriminatory comment is arguably similar enough to the pre-amendment conduct to survive summary judgment.
Loeffelholz alleged that her supervisor between 2003 and June 2006 maintained a hostile work environment based on sexual orientation. This was prior to the WLAD amendment. Loeffelholz also alleged a single act of discrimination by this supervisor after the WLAD amendment.
The court's findings:
(1) Pre-amendment conduct is not actionable. Retroactive application of the amendment would violate the employer's due process rights. The plain language of the amendment and its legislative history indicate only prospective application.
(2) Pre-amendment conduct is admissible as background evidence to prove why the post-amendment conduct is discriminatory.
(3) The post-amendment conduct was a single statement by Loeffelholz's supervisor, who was about to be deployed to Iraq, that he was "going to come back a very angry man." The court found that a reasonable jury could infer that this comment was a natural extension of pre-amendment conduct - the supervisor's dislike of lesbians and his anger management problems as illustrated by his comments that he had a volatile temper and kept a gun. This is enough to preclude summary judgment.
Source: http://www.lawmemo.com/blog/2012/09/washingtons_sex.html
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Former judge Ana Gardiner may face one-year law license suspension
Concluding that former Broward Circuit Judge Ana Gardiner gave a "deceitful and dishonest portrayal" of her relationship with a prosecutor in a murder case, Palm Beach Circuit Judge David Crow has recommended a one-year suspension of her law license. Gardiner and the prosecutor exchanged more than 1,400 phone calls and text messages between the start of trial and sentencing. She resigned rather than face an ethics trial.
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The Only Constant is Change: FRCP Amendment Updates and Departures from the Zubulake Gold Standard
The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Henry Kelston, Senior Counsel at the law firm of Milberg LLP, to discuss the current work of the Sedona Conference on ediscovery and its significant impact of the Federal Rules of Civil Procedure. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, examines the recent departures in case law from the notable Zubulake standard.
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Thursday, January 10, 2013
Father wins in vitro case, can establish rights
A father can seek to establish legal parentage of a child conceived through in vitro fertilization, the Supreme Court of Virginia has ruled in L.F. v. Breit.
Virginia Beach lawyer Billy Breit and the mother of his daughter conceived through assisted conception and never married, but they drew up a number of agreements, including an acknowledgement of parenthood for the girl. The couple broke up, but Breit had visitation and was establishing a relationship with the child when the mother broke off all contact in 2010.
He sued to establish parentage; a circuit judge dismissed his case, relying in part on language in Code §§ 20-158(A)(3) that states a sperm donor is not the father of a child unless he is the husband of the gestational mother.” But the Court of Appeals last year reversed that holding, which the high court upheld in their decision Jan. 10.
Source: http://valawyersweekly.com/vlwblog/2013/01/10/father-wins-in-vitro-case-can-establish-rights/
Forever Wrong (Update -- and Wronger x2)
While demolishing the substance of the false rape "in-faux-graphic" published by the Enliven Project under the ignominious title "the truth about false accusation," Houston criminal defense lawyer Mark Bennett was kind enough to invoke Hanlon's Razor: Never attribute to malice that which can be adequately explained by stupidity.
He may be right. He may have been too kind.
Bennett explained:
Regardless, the Enliven Project makes a very big claim for itself:
If your purpose is to be a "truth-telling campaign," then you really have to make an effort to tell the truth. As the comments to the Enliven post make abundantly clear, this infographic is astounding wrong from essentially every perspective. Even the basic math is wrong, where the made-up number of 2% false accusations is displayed as 2 people out of a thousand in stead of 20. But if they got the math right, it would still be wrong because "truth-telling" people can't just make stuff up.
So what's the big deal, you wonder? Isn't the internet a cesspool of misinformation, a trap for the ignorant and unwary? Of course it is, but that doesn't alter the ability of a piece of utter nonsense like this infographic from finding its way into the hands of people who are unconcerned about accuracy and will instead use it to promote their cause. This is how misinformation becomes part of the myth of the internet, and ultimately cleansed of its falsity so that it becomes a source of information for the future.
Yes, really. Consider, for example, the statistics provided by Roxanne Beecher, presenting as a member of the animal rights committee of the Westchester Bar Association, in support of an Animal Abuse Registry.
And the Enliven Project promotes a "truth-finding campaign." Truth, truth, truth. Except that it's not. Not even close. But who would be evil enough to take issue with a cause as dear to the hearts of so many as the elimination of rape? Or the elimination of animal abuse?
And this is how myths begin, and get repeated until eventually they become truth, even though it's not.
Update: And the infographic is repeated at the Washington Post's WonkBlog in a post by Dylan Matthews under the title, The saddest graph you'll see today, who got it from Huffington Post‘s Laura Bassett
and was subsequently picked up at Salon:
According to her bio, "Amanda Marcotte is a journalist, opinion writer, and author of two books on progressive politics." Apparently, statistics wasn't one of her strengths. While she's correct that false rape accusations are a subset of false rape allegations, that by no means translates into exagerating the numbers if the source numbers aren't accurate in the first place. And this goes from wrong to wronger.
Update 2: Wally Olson at Overlawyered has more on the "wronger," notably the Marcotte "correction" piece:
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He may be right. He may have been too kind.
Bennett explained:
Blawgers get pitches for infographics all the time, the giveback being that they include a link to their source, usually a for-profit website seeking a backlink. This infographic, however, has no such backlink. Instead, it links to the Enliven Project post and notes it was "designed by Paul Pierson." It's unclear who this person is, but sharing a name with the Sarah Pierson Beaulieu might suggest a connection between the two.You know what I think happened? I think someone sent [Sarah Pierson] Beaulieu an email like this:
Hello,
I wanted to drop you a quick email regarding your site at theenlivenproject.com and ask whether you would be interested in us making an infographic for you?
I’m sure you receive several similar guest post requests each week, so I wanted to quickly point out what I’m proposing and why this would be of value to you:
· We’ll provide you with an exclusive infographic created by us. Rather than simply sending you a text based article, we do all of the research and arrange for one of our designers to create an infographic solely for use on your site. This isn’t something that has been or will be published elsewhere.
· Some examples of infographics that we have recently designed and placed include…
Beaulieu bit, and is now scrambling to justify publishing this nonsense.
I don’t blame her. I blame the American educational system, which has created a nation of statistically innumerate consumers of easily digested but false information, including her and everyone who unquestioningly spread this graphic around the internet.
Regardless, the Enliven Project makes a very big claim for itself:
The Enliven Project is a truth-telling campaign to bring sexual violence out of the closet and convert the most powerful bystanders to new allies.
If your purpose is to be a "truth-telling campaign," then you really have to make an effort to tell the truth. As the comments to the Enliven post make abundantly clear, this infographic is astounding wrong from essentially every perspective. Even the basic math is wrong, where the made-up number of 2% false accusations is displayed as 2 people out of a thousand in stead of 20. But if they got the math right, it would still be wrong because "truth-telling" people can't just make stuff up.
So what's the big deal, you wonder? Isn't the internet a cesspool of misinformation, a trap for the ignorant and unwary? Of course it is, but that doesn't alter the ability of a piece of utter nonsense like this infographic from finding its way into the hands of people who are unconcerned about accuracy and will instead use it to promote their cause. This is how misinformation becomes part of the myth of the internet, and ultimately cleansed of its falsity so that it becomes a source of information for the future.
Yes, really. Consider, for example, the statistics provided by Roxanne Beecher, presenting as a member of the animal rights committee of the Westchester Bar Association, in support of an Animal Abuse Registry.
Ms. Beecher stated that Westchester County ranks number 9 out of 62 counties in the state for cases filed for animal abuse and this is why they are asking for animal abuser registry. She said 71% of abused or battered women report that their abuser has hurt or killed animals, 32% of battered women with children report that their children have hurt or killed animals, and 25-48% of battered women report delaying leaving their abuser for fear of their animal being abused.Pretty damning statistics, but for one problem: I was unable to find any basis for most of the statistics. From what could be found, these were made up of whole cloth. Yet the Westchester County Legislature bought it, and approved the registry. After all, a lawyer from the Westchester County Bar Association is certainly a credible source, right? And I fully expect these numbers to magically become irrefutable fact going forward, even if they are utter nonsense.
She said there was a woman (not in Westchester) in a domestic violence shelter who received photos from her mother of her estranged husband cutting off her dogs ears with garden shears and he was threatening to hurt her other animals. This woman left the shelter to go rescue her animals and she has since disappeared.
Ms. Beecher continued by saying 40% of battered women report that they are forced to perform sexual acts with animals, 48% of rapists have committed acts of animal cruelty as adolescents, 30% of child molesters have committed acts of animal abuse, and 15% of active rapists also rape animals.
And the Enliven Project promotes a "truth-finding campaign." Truth, truth, truth. Except that it's not. Not even close. But who would be evil enough to take issue with a cause as dear to the hearts of so many as the elimination of rape? Or the elimination of animal abuse?
And this is how myths begin, and get repeated until eventually they become truth, even though it's not.
Update: And the infographic is repeated at the Washington Post's WonkBlog in a post by Dylan Matthews under the title, The saddest graph you'll see today, who got it from Huffington Post‘s Laura Bassett
and was subsequently picked up at Salon:
Update: Rape statistics are notoriously hard to collect,and Amanda Marcotte has a compelling critique of the methods used here, which Enliven describes in more detail here. So while the phenomena described here are real (and Marcotte argues that, if anything, the chart exaggerates the number of false accusations), be aware that the exact numbers are subject to dispute.
According to her bio, "Amanda Marcotte is a journalist, opinion writer, and author of two books on progressive politics." Apparently, statistics wasn't one of her strengths. While she's correct that false rape accusations are a subset of false rape allegations, that by no means translates into exagerating the numbers if the source numbers aren't accurate in the first place. And this goes from wrong to wronger.
Update 2: Wally Olson at Overlawyered has more on the "wronger," notably the Marcotte "correction" piece:
P.S. This supposedly corrective piece at Slate is if anything worse than the chart it purports to correct, straining to minimize false accusation as even rarer than portrayed. (It’s worth remembering that its author, Amanda Marcotte, has a bit of a history herself when it comes to credulity on this subject.) Bennett again provides a needed corrective: “Forensic DNA typing laboratories — as numerous commentators have noted — encounter rates of exclusion of suspected attackers in close to 25 percent of cases.”Which just goes to show, the alternative to wronger can be even more wronger.
© 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/2013/01/09/forever-wrong.aspx?ref=rss
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The World Didn't End, But This Relationship Clearly Should
The world did not end on December 21, 2012. Everyone, except perhaps Mr. Davis, is happy about this. As reported by timesonline.com (Beaver, PA):
A Rochester police report said Melanie Mountain, no age or address given, called 911 Dec. 21 and reported that she had been assaulted by her boyfriend, Michael John Davis, 33, of 3147 Brodhead Road.
The report said Mountain was driving her car and Davis was a passenger when he became upset with her for, "not being with him 'on the end of the world.'" Davis hit Mountain on the side of the head and face while she was driving near the area of Reno Street and Virginia Avenue, the report said.Um, it didn't end. So how could she have been with you for something that didn't happen?
Mountain drove to Davis' mother's house on Lacock Street where Davis hit her again, took her car keys and broke her mobile phone, the report said. Mountain was able to get her keys back and drive to a phone, the report said.Time for a new boyfriend.
Davis was charged with simple assault, harassment and criminal mischief.Here's the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/lIZhZEwn9Cw/post_566.html
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The 2011 Year in Review & Legal Predictions for 2012
From the spectacle of the Casey Anthony trial, to the great debate over the health care law, to the controversial immigration law in Arizona, 2011 was a big year in the law. Lawyer2Lawyer co-hosts and attorneys, J. Craig Williams and Robert Ambrogi welcome returning guest, Stephen L. Kaplan from the firm Hicks, Mims, Kaplan & Burns, to review his 2011 predictions and look ahead to a brand new year, 2012!
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Texting While Driving and the Law
Texting while driving is a growing danger on American roads. Every day, people are severely injured and even killed by these distracted drivers. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the legal lowdown on texting while driving laws and recent high-profile cases, including one where both parties involved in a texting conversation were sued from Attorney Matthew Weiss from Weiss & Associates, PC, Attorney Robert M. Schartz from the firm of Abrahams Kaslow & Cassman LLP and from Attorney Stephen "Skippy" Weinstein, a personal injury attorney at Stephen S. Weinstein, PC.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/texting-while-driving-and-the-law/
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.
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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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Delaware Has No Per Se Rule Against "Don't Ask, Don't Waive" Standstill Provisions, But Boards Must be Careful in Using Them
By John Stigi, John Tishler, and Edwin Astudillo
In In re Ancestry.com Inc. Shareholder Litigation, C.A. No. 7988-CS, Chancellor Strine of the Delaware Chancery Court held that Delaware has no per se rule against “don’t ask, don’t waive” standstill provisions, but cautioned that boards using “a powerful tool like that” need to deploy it consistent with their fiduciary duties. This decision comes less than three weeks after another Delaware judge (Vice Chancellor Laster) enjoined a target company from enforcing a “don’t ask, don’t waive” standstill provision in In re Complete Genomics, Inc. Shareholder Litigation, C.A. No. 7888-VCL.
“Don’t ask, don’t waive” standstill provisions prohibit the counterparty potential bidder from making a non-public request that the target company waive the terms of the standstill provision. They have become common in the public company auction process. Chancellor Strine’s ruling provided needed guidance to boards of public company targets, potential bidders and their respective advisors with respect to the use and enforceability of such standstill provisions. As a result, we believe public company targets will continue to negotiate for “don’t ask, don’t waive” standstill provisions as a tool designed to maximize shareholder value in a well-structured auction process.
Background
On November 27, 2012, in Complete Genomics, Vice Chancellor Laster enjoined a target company from enforcing a “don’t ask, don’t waive” standstill provision and analogized it to a "no-talk" provision in a merger agreement, albeit that the standstill provision only applied to the bidder that was bound by it. The court noted that Delaware courts have deemed no-talk provisions impermissible because by agreeing to them a board would be violating its duty to take care to be informed of all material information reasonably available. Vice Chancellor Laster held that by agreeing to the “don’t ask, don’t waive” standstill — which prevented the board from knowing whether a bidder that did not win the auction is willing to offer a higher price despite its contractual agreement not to do so — the Complete Genomics board impermissibly limited its ability to discharge its ongoing statutory and fiduciary obligations to properly evaluate a competing offer, disclose material information and make a meaningful merger recommendation to its stockholders. The court issued an injunction even though there was no indication that the counterparty to the applicable standstill agreement intended to make a topping bid.
Commentators were concerned that Vice Chancellor Laster’s ruling in Complete Genomics, if broadly adopted, could affect the way public company auctions are conducted. Target companies often seek a “don’t ask, don’t waive” standstill to help run an orderly auction process where the bidders that are invited to participate in the process are incentivized to submit their highest bid prior to the seller signing and announcing the deal. If auction bidders read the court’s ruling as assuring themselves a last look, they could be incentivized to not put their full bid on the table or to stand back rather than bid against themselves.
What Happened?
Just three weeks later, on December 17, 2012, in Ancestry.com, Chancellor Strine recognized that “don’t ask, don’t waive” standstills may be properly used by sellers “as a gavel, to impress upon the people that it has brought into the process the fact that the process is meaningful; that if you're creating an auction, there is really an end to the auction for those who participate. And therefore, you should bid your fullest because if you win, you have the confidence of knowing you actually won that auction at least against the other people in the process.” Chancellor Strine cautioned, however, that directors must “be darn careful” when using these types of standstills. His ruling highlighted that neither the CEO nor the board was informed about the potency of the provision, and he noted that it was not clear whether the banker was even aware of it. Chancellor Strine also stated that if “don’t ask, don’t waive” standstills are going to be used, stockholders need to be aware that there are a group of potential bidders who are contractually prohibited from submitting a topping bid. The court enjoined the Ancestry.com stockholder meeting until proper disclosure was made.
Now What?
In Ancestry.com, Chancellor Strine recognized the value-maximizing purpose of effectively employed “don’t ask, don’t waive” standstills in a well-structured auction process, but cautioned that there use will be subject to careful review. His ruling should give public company boards comfort that as long as they are well informed of the effect that “don’t ask, don’t waive” standstills have on potential bidders who are bound by them, and the directors believe that such standstills will help maximize value for stockholders, such standstills can be used.
From a disclosure perspective, if a “don’t ask, don’t waive” standstill provision is used, stockholders should be informed that although a bidder who did not participate in the auction process may submit a topping bid, stockholders should not assume that the potential bidders who did participate in the process and who are subject to the standstill will be able to do so.
What if you have questions?
For any questions or more information on these or any related matters, please contact any attorney in the firm’s corporate practice group. A list of such attorneys can be found by clicking the “ATTORNEYS” tab on the left-hand side of this page.
John P. Stigi III (310.228.3717; jstigi@sheppardmullin.com), John D. Tishler (858.720.8943, jtishler@sheppardmullin.com), and Edwin Astudillo (858.720.7468, eastudillo@sheppardmullin.com) participated in drafting this posting.
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.
Neither the content on this blog nor any transmissions between you and Sheppard Mullin through this blog are intended to provide legal or other advice or to create an attorney-client relationship.
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Nationwide Efforts To Curb Gun Violence Begin To Gain Steam
In the wake of the school shooting in Newtown, Conn., President Obama asked Vice President Joe Biden to pull together a group to review policy options and make recommendations within the month. That deadline is coming right up. Mara Liasson joins Audie Cornish to talk about the vice president's initiative and others.
Wednesday, January 9, 2013
NSSTA’s Leadership
Whether you are a member or just someone interested in structures, National Structured Settlement Trade Association (NSSTA) is the voice of the industry. Ringler Radio host, Larry Cohen joins colleagues, Randy Dyer, the current President of NSSTA and John Machir, President‑elect of NSSTA, to talk about the bigger issues that are facing the structured settlement industry today and some of the leading items on their agenda for 2012.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/09/nsstas-leadership/
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Legal Talk Network Live at LegalTechNY 2012- Bob Ambrogi on Why LegalTechNY is a Top Show for Lawyers
Bob Ambrogi, co-host of Lawyer2Lawyer and longtime legal technologist, travels to LegalTechNY and explains why it is one of the pre-eminent legal technology shows. This year’s emphasis is on e-discovery, case management and cloud computing. Bob also tells us why he’s looking forward to seeing all the new and exciting tech products targeting the legal community. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.
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