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Wednesday, November 6, 2013
Holder: 9/11 terror suspects should have been tried in civilian court
[JURIST] US Attorney General Eric Holder [official website] said [C-SPAN video clip] at an unrelated press conference on Monday that the slow pace of the trial of Khalid Sheikh Mohammed [BBC backgrounder; JURIST news archive], the alleged mastermind behind 9/11, would have been avoided had he been tried before a federal civilian court. The military trial of Khalid Sheikh Mohammed and four other co-conspirators, which is still in its pre-trial stages, is not expected to begin for at least another...
Tuesday, November 5, 2013
Third-Party Risk Spotlight: Anti-Corruption
This podcast focuses on managing the risks associated with third party relationships, in particular risks related to potential violations of anti-corruption laws — the US Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, and looks at what might be learned from recent publicly-announced allegations against UK pharmaceutical company, GlaxoSmithKline PLC.
Learn best practices for mitigating third-party risk, informed by latest Department of Justice guidance, and explore tools to help implement those practices.
Learn best practices for mitigating third-party risk, informed by latest Department of Justice guidance, and explore tools to help implement those practices.
Source: http://legaltalknetwork.com/podcasts/tech-experts/2013/08/third-party-risk-spotlight-anti-corruption
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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/
Let Me Check With My Digital-Virtual-Personal Assistant
What if your smartphone or tablet could serve as your personal assistant? Considering the capabilities of Siri and Google Now, like making a restaurant reservation, scheduling a meeting, sending an email, it’s an option to consider. On this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the digital versions of personal assistants, their current capabilities and what the future might hold for the Apple and Google tools, and whether a digital-virtual-personal assistant is the next big thing. On the second half of the show, your hosts will cover Blackberry’s recent announcement that they are looking for a buyer, and what might be the death of a much-utilized tool in the legal industry.
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Orrick Pillsbury: A new firm on the horizon.
Should the merger take place between Orrick Herrington & Sutcliffe and Pillbury Winthrop Shaw Pittman, there will be a reordering of the top U.S. law firms. The BCS rankings reorder every week after the Saturday college football results are known. So, too, do the BigLaw rankings change every time there is a major merger.
Will this merger succeed where others have failed? Quite possibly. The positives are that both are West Coast based. That means their cultures are more closely aligned than if they had routes on opposite parts of the country. And, I suspect that the top management of both firms, each of which are very capable, understand that integration of the two firms is essential to their success ... and thus more likely to pay attention to this process. And, from a marketing perspective, the new firm will have a dominant position in Silicon Valley, a major source of future revenue.
But there are still risks. Power struggles and cultural clashes are not unknown for combining large organizations. Aligning their compensation systems, always a key element, may or may not present a hurdle. Even if they succeed, there are likely to be some break-offs or departures of significance. Despite “advanced merger talks,” the deal is not done until done ... Much can happen between now and then.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/Puj9MiclwO0/
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The Eureka Moment: How Big Law Has Learned to Love Legal Practice Management
In this September edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Dechert’s Colleen Nihill, firm wide director of project management and Anthony Licata, chief financial officer, and Kim Craig, director of project management office at Seyfarth Shaw, to discuss how Big Law is adopting legal project management, especially in the context of alternative fee agreements. All three were featured in Law Technology News’ current cover story, "The Eureka Moment."
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No Lawyer Change on Trial Date
A trial court did not abuse it discretion in denying defendant’s request for new counsel on the day of trial because he said his lawyer failed to provide him with certain documents, when the trial court learned another judge had denied a request to change lawyers and defendant’s current lawyer was ready for trial that ...
Source: http://valawyersweekly.com/2013/11/05/no-lawyer-change-on-trial-date/
Legal-Tech Announcement Kick-off: Smart Phones, Smart Watches, Tablets, and more.
‘Tis the season for new technology. Starting with smart phones, we have the two new iPhones, the Nokia Lumia, and the Google Moto X. In only the start of the season, there are more announcements, including new smart watches and tablets, in the works. On this edition of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell will review some of the newly released technology, talk about what will work best for lawyers, and what we should expect to see in the upcoming releases. In the second half of the show your hosts will honor the 15th anniversary of CaseMap, a LexisNexis case-management software made specifically for litigators.
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Second Circuit Applies Morrison to Criminal Prosecution Under Section 10(b) and Rule 10b-5
In United States v. Vilar, Case Nos. 10-521(L), 10-580(CON), 10-4639(CON), 2013 WL 4608948 (2d Cir. Aug. 30, 2013), the United States Court of Appeals for the Second Circuit held that Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Securities & Exchange Commission (“SEC”) Rule 10b-5, 17 C.F.R. § 240.10b-5, promulgated thereunder, do not apply to extraterritorial conduct in both the civil and criminal context. In so holding, the Second Circuit made clear that the United States Supreme Court’s ruling in Morrison v. National Australia Bank Ltd., 130 S. Ct. 2869 (2010) [blog article here], that civil liability under Section 10(b) does not apply extraterritorially, extends to criminal conduct as well. In light of that ruling, a criminal conviction for securities fraud can only be found if the defendant “engaged in fraud in connection with (1) a security listed on a U.S. exchange, or (2) a security purchased or sold in the United States.” While this holding did not disturb the defendants’ convictions in this case, the ruling provides guidance for future prosecutions under Section 10(b), which now require proof of a domestic sale or listing as a necessary element for conviction.
From the mid-1980s through their arrest in 2005, defendants Alberto Vilar and Gary Alan Tanaka worked as investment managers and advisors using a number of domestic and off-shore companies as vehicles for the investments that they managed. Vilar and Tanaka’s troubles began after the technology bubble burst in late 2000. Over the prior decade, Vilar and Tanaka had been offering investors the opportunity to invest in “Guaranteed Fixed Rate Deposit Accounts” (“GFARDAs”), which purportedly consisted of high-quality, short-term deposits, such as U.S. Treasury bills, with no more than 25% of the accounts to be invested in emerging growth stocks. However, the GFARDAs were not, in fact, secure investments and were instead fully invested in highly volatile technology and biotechnology stocks.
After the precipitous decline in technology securities of the early 2000s, Vilar and Tanaka struggled to sustain their business. In June 2002, they approached a long-standing client, Lilly Cates, and sought to sell her on a new investment that would purportedly invest in small businesses and obtain matching funds from the federal government. However, Vilar and Tanaka had never been approved for such matching funds, and the investment did not exist. Cates ultimately invested $5 million in the fictitious fund.
Upon depositing Cates’ money into a company bank account, Vilar and Tanaka began using the funds to satisfy their own personal and corporate obligations. By early 2005, Cates became suspicious of Vilar and Tanaka’s activity and ultimately reported them to the SEC. On August 15, 2006, Vilar and Tanaka were indicted on twelve total counts including securities fraud, conspiracy to commit securities fraud, mail fraud, wire fraud, money laundering and making false statements to the SEC. After a nine-week jury trial in the United States District Court for the Southern District of New York, Vilar was convicted on all counts and Tanaka was convicted of conspiracy and certain of the securities fraud counts.
On appeal, Vilar and Tanaka raised a number of challenges to their convictions and sentences. The Second Circuit focused primarily on the issue of whether defendants’ convictions could be sustained in light of the Supreme Court’s holding in Morrison that Section 10(b) does not apply extraterritorially. In doing so, the Court addressed whether the Morrison holding applied in the criminal context, and, if so, whether the government proved that Vilar and Tanaka engaged in fraud with respect to a security listed on an American exchange or a security purchased or sold in the United States. The Second Circuit held that Morrison clearly extended the limitation on Section 10(b) to criminal as well as civil liability.
Acknowledging that there was no allegation that the securities at issue were listed on a U.S. stock exchange, the Second Circuit next considered whether a jury would have found, beyond a reasonable doubt, that Vilar and Tanaka engaged in fraud in connection with a domestic purchase or sale of securities. In addressing this issue, the Court considered evidence presented at trial that Cates, as well as certain of the GFARDA investors, signed investment materials, received letters and met with Vilar and Tanaka in the United States. In light of these facts, the Second Circuit determined that the jury would have found that Vilar and Tanaka engaged in fraud in connection with securities while in the United States if the jury had been instructed to consider that question. While this conviction withstood that careful scrutiny, in the wake of Morrison and this case, juries and courts now must consider and make a factual finding as to whether the fraud at issue in a Section 10(b) case occurred domestically.
The Second Circuit also considered the extraterritoriality element in connection with the calculation of the loss sustained by Vilar and Tanaka’s victims for the purposes of determining their sentences and restitution obligations. The Second Circuit held that the district court was required to consider whether the defendants’ relevant criminal conduct with respect to each transaction involved domestic securities, before it could consider those transactions in calculating defendants’ restitution obligations or sentences. Thus, the case was remanded to the district court to recalculate the defendants’ sentences and restitution in light of the ruling that Section 10(b) cannot apply abroad.
The Second Circuit was also asked to consider a number of other alleged errors at trial. One of those issues was whether Section 10(b) required proof that the victims of a fraudulent scheme actually relied upon the alleged material misrepresentations or omissions at issue. The Court ultimately held that reliance is not a necessary element when the government seeks to subject a defendant to civil or criminal liability under Section 10(b). The Court similarly rejected Vilar and Tanaka’s other challenges regarding the sufficiency of the evidence presented at trial and the propriety of certain search warrants and jury instructions. It also declined to consider Vilar’s ineffective assistance of counsel argument.
For further information, please contact John Stigi at (310) 228-3717, Jeff Kern at (212) 634-3075 or Thomas Monahan at (212) 634-3019.
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Mediation in Workers’ Compensation Cases
In this edition of Workers’ Comp Matters, host Alan Pierce chats with Teddy Snyder on the ins and outs of mediation regarding workers’ compensation cases. For those working in mediation, looking to work in mediation, or looking for a mediator to handle a case of their own, Snyder covers all the bases. Tune in to hear the advantages and disadvantages of mediation, a mediator’s role and goals on the job, and how to be most effective for their clients.
Teddy Snyder has been working as an attorney for more than 30 years. Licensed to practice law in Illinois and California, she is currently running a solo practice focusing on workers’ compensation mediation cases in the sunshine state. Her goal is to create a win-win settlement for not only her clients, but all parties of the case.
Teddy Snyder has been working as an attorney for more than 30 years. Licensed to practice law in Illinois and California, she is currently running a solo practice focusing on workers’ compensation mediation cases in the sunshine state. Her goal is to create a win-win settlement for not only her clients, but all parties of the case.
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Monday, November 4, 2013
Demythologizing the Mythical Paperless Office
For many years, lawyers have chased after the holy grail of the paperless office. While the basic techniques and strategies have largely stayed the same and the technology and tools have gotten better, most lawyers and firms have not attained the elusive goal of a “paperless” office. Is the goal simply unachievable or is it just too hard to execute on what it takes to achieve the goal? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the history and current state of paperless office efforts, approaches that might (or might not) work for you, and whether the end of paper is within sight. The second half of the episode will cover Georgetown University's new "Iron Tech" Contest where students create a new application, platform, or system to improve access to justice and/or legal representation.
Experience User-Friendly Systems
Good usability and user interface design are keys to ensuring that law department staff embrace your department’s technology investments. In this edition of Tech Experts, join usability expert, Yusuke Morita, Associate Principal Developer at Datacert, for a window into the thought process behind the design of a really user-friendly application. Learn what design elements create "ease-of-use" so you can better identify systems your staff will readily adopt and enjoy using.
Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/10/experience-user-friendly-systems/
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Chief Justice Roberts to teach William Mitchell course
Supreme Court Chief Justice John Roberts will head across the pond next summer to teach a course for William Mitchell’s study abroad program in London. Roberts will teach a course on the history of the United States Supreme Court.
“This is a remarkable, once-in-a-lifetime opportunity for our students to learn from one of our country’s preeminent jurists,” William Mitchell President Eric Janus said in a prepared statement released Wednesday. “I am extremely grateful to Chief Justice Roberts for graciously agreeing to be part of Mitchell in London.”
The William Mitchell program is a five-week course open to law students nationwide. The Roberts course will be co-taught, as will the other two courses offered. The courses will be taught by American professors, British barristers and other judges.
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Taking Advantage of Apps and Plug-ins
Dennis Kennedy and Tom Mighell enter the realm of apps and plug-ins. Also known as web extensions, browser apps, add-ons, and bookmarklets, these additions to web browsers are made to make your Internet browser experience more efficient. Learn your hosts’ favorite web extensions when browsing for leisure and for work, and how to manage your apps and plug-ins so they don’t slow down your browser speed. The second half of the episode turns toward Internet communication, more specifically, how Twitter users are creating hashtags to express their moods in posts and how this changes the meaning and use of the hashtag.
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Maritime Injuries and Structured Settlements
You don't hear much about maritime law until a huge disaster like the Costa Concordia cruise ship, which ran aground off the coast of Italy earlier this year. But the fact is, maritime accidents happen frequently and people are often left severely injured. On Ringler Radio, host Larry Cohen and co-host, Keith Christie join guest, Attorney Charles Leche, a partner at Deutsch, Kerrigan & Stiles, as they take a look at maritime law and how injured parties can have a financially secure future through structured settlements.
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Nourishing Creativity with Constraints
Hosts Dennis Kennedy and Tom Mighell are exploring a new social media outlet called Vine where users create videos, constricted to six-seconds in length. This inspired the discussion of nourishing creativity with a length constraint. Twitter limits users to 140 characters, Instagram allows only one photo per post, and Snapchat limits users to sending a photo for 10 seconds or less before it disappears from both the sender and the recipient’s device. On this episode of Kennedy Mighell report, your hosts will discuss how technology constraints can produce surprising results for lawyers, whether they participate in social media or not.
Source: http://legaltalknetwork.com/podcasts/2013/04/nourishing-creativity-with-constraints
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NLRB "recess" appointments were unconstitutional; Board lacked a quorum
Noel Canning v. NLRB (DC Cir 01/25/2013)
The DC Circuit this morning held that the President's attempt to make "recess" appointments of three NLRB Members was invalid under the constitution.
On February 8, 2012 the Board issued its decision finding that the employer violated the NLRA by refusing to reduce to writing and execute a collective bargaining agreement reached with Teamsters Local 760. At that time the Board purportedly had five members. Two of these had been confirmed by the Senate. Three of these were appointed on January 4, 2012, purportedly pursuant to the constitution's recess clause.
At the time of the President’s purported recess appointments, the Senate was operating pursuant to a unanimous consent agreement, which provided that the Senate would meet in pro forma sessions every three business days from December 20, 2011, through January 23, 2012. The DC Circuit held that "recess" appointments must occur during an "intersession" recess of the Senate, that is to say, the period between sessions of the Senate when the Senate is by definition not in session and therefore unavailable to receive and act upon nominations from the President.
Because the appointments were invalid, the Board lacked a quorum (three Members) and its order was "void."
Lots of chatter from all over:
- New York Times
- Wall Street Journal
- Workplace Prof Blog
- New York Labor and Employment Law Report
- Faculty Lounge
- Jottings by an Employer's Lawyer
- SCOTUSblog
- Employment Law Watch
Source: http://www.lawmemo.com/blog/2013/01/nlrb_recess_app_1.html
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Hot Coffee and our Civil Justice System
An elderly woman, Stella Liebeck, buys coffee at a McDonald’s drive-thru, spills it on her lap, sues and wins. This case caused quite the controversy, but also contributed to some dramatic changes in the law. On Ringler Radio, host Larry Cohen and co-host, Nolan Robinson, chat with Susan Saladoff, the producer and director of the documentary, Hot Coffee. Susan gives us the real story behind this notorious coffee case, talks tort reform, frivolous lawsuits and caps on damages and shares some other examples of how individuals are not getting a fair shake in this current civil justice system.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/09/hot-coffee-and-our-civil-justice-system/
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Experience User-Friendly Systems
Good usability and user interface design are keys to ensuring that law department staff embrace your department’s technology investments. In this edition of Tech Experts, join usability expert, Yusuke Morita, Associate Principal Developer at Datacert, for a window into the thought process behind the design of a really user-friendly application. Learn what design elements create "ease-of-use" so you can better identify systems your staff will readily adopt and enjoy using.
Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/10/experience-user-friendly-systems/
Technology-Enhanced Television
As rumors of a game-changing new Apple TV begin to swirl, we wonder whether technology will start to change the way we watch television. Or maybe it already has. Does technology always need to have "productive" uses? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell turn to a "non-serious" technology topic for the end of summer, explore ways technology, especially tablets, can enhance your TV viewing experience, and find some surprisingly serious conclusions about where technology is taking us.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/technology-enhanced-television/
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Sunday, November 3, 2013
DOMA down, but why?
The 1st Circuit today held that the Defense of Marriage Act's denial of federal benefits to married same-sex couples is unconstitutional. Massachusetts v. US Department of Health and Human Services (1st Cir 05/31/2012).
The federal Defense of Marriage Act (DOMA) Section 3 prevents same-sex married couples from filing joint tax returns, prevent a surviving spouse from collecting Social Security survivor benefits, and prevents federal employees from sharing medical benefits with same-sex spouses.
The trial court held that DOMA Section 3 is unconstitutional; the 1st Circuit affirmed.
The court's decision surveys equal protection and federalism issues and concludes that "governing precedents under both heads combine - not to create some new category of 'heightened scrutiny,' ..., but rather to require a closer than usual review based in part on discrepant impact among married couples and in part on the importance of state interests in regulating marriage."
Thus the court gave less deference to, and "closer scrutiny of government action touching upon minority group interests and of federal action in areas of traditional state concern."
The court concluded that denial of federal benefits to same-sex married couples "has not been adequately supported by any permissible federal interest."
The court stayed its mandate, thus extending the trial court's stay, in anticipation of the losing parties seeking certiorari in the US Supreme Court.
My view:
This is a decision, purportedly based on the US Constitution, that essentially avoids making an explicit connection to the text of the Constitution.
The idea is that states regulate marriage, the federal government may have something to say in this regard, but the reasons behind the federal government's actions didn't have enough oomph. No, there's no 10th amendment violation, and no violation of the Spending Clause. And no, there's no "strict scrutiny" going on. And no "new category of 'heightened scrutiny.'" But wait, let's give the legislation "closer scrutiny."
I'm no fan of DOMA, but it's not really clear to me what this court is doing.
[By the way, similar DOMA issues are pending in the 9th Circuit.]
Source: http://www.lawmemo.com/blog/2012/05/doma_down_but_w.html
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The Return of Black Lung and the Law
A recent investigation found the rate of miners diagnosed with Black Lung Disease is surging after nearly three decades of decline. Some blame lenient regulations, lax enforcement, even manipulation of air samples from mines. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the reasons behind this shocking increase and a breakdown of Black Lung litigation from Chris Hamby, the author of the Center for Public Integrity report, and Attorney Stephen Sanders, the director of Appalachian Citizens’ Law Center.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-return-of-black-lung-and-the-law/
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Who will inherit your digital assets?
I had never thought of digital assets being inherited! Wow, what an oversight. Clearly, digital property is an asset and can be passed on to the next generation. Have you thought about the goodwill represented by your Twitter account, your blog, you website and all the other digital assets you create? If not, you should because but for an affirmative act on your part, the rights to that property may be lost.
Most lawyers will pooh-pooh the idea that their electronic/digital property is worth anything ... they said this about the value of their law practice also. Many lawyers are beginning to adjust their thinking, recognizing that law practice goodwill has value ... and together, this property could be worth tens of thousands, if not hundreds of thousands, of dollars. Why should this value evaporate? Take care and plan not only your estate but also the estate of your law practice, including digital assets!
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/p7LtzSVrLDM/
Virtual Staffing: Implementation and Management
On this edition of The Legal Toolkit, host Jared Correia talks with Chad Burton about how to use virtual staff in your law practice. Burton’s law firm employs virtual staffing services to manage its phones, accounting, documents and secure email. Chad covers the use of virtual staff to assist in other areas, as well, including: managing social media channels, making travel arrangements, creating presentations, and more.
Burton is the founder of Burton Law, a virtual law firm which focuses on representing businesses and individuals in litigation matters. He also serves as outside general counsel to small and mid-sized businesses, including new and existing franchises. He is a leading member of both the Dayton Bar Association and the Ohio State Bar Association. He is also a member of the American Bar Association.
Virtual staffing saves Burton Law a significant amount of overhead costs, and those cost savings are passed along to its clients. Tune in to hear more on virtual staffing, including: what to look for, how to manage the staff, and more.
Burton is the founder of Burton Law, a virtual law firm which focuses on representing businesses and individuals in litigation matters. He also serves as outside general counsel to small and mid-sized businesses, including new and existing franchises. He is a leading member of both the Dayton Bar Association and the Ohio State Bar Association. He is also a member of the American Bar Association.
Virtual staffing saves Burton Law a significant amount of overhead costs, and those cost savings are passed along to its clients. Tune in to hear more on virtual staffing, including: what to look for, how to manage the staff, and more.
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Crowdfunding Moves Forward: The SEC Issues Proposed Rules on Crowdfunding
On October 24, 2013, in accordance with Title III of the Jumpstart Our Business Startups Act (the “JOBS Act”), the Securities and Exchange Commission (the “SEC”) issued a press release and published long-awaited proposed rules (Release Nos. 33-9470; 34-70741) (the “Proposed Rules”) to permit companies to offer and sell securities through crowdfunding (“Regulation Crowdfunding”).
Crowdfunding involves the use of the internet and social media to raise capital, typically from a large number of people and in relatively small amounts per person. Historically, crowdfunding could not be conducted in exchange for securities. Instead, companies have been giving their products or other benefits to their investors in exchange for the funds they receive.
When it passed the JOBS Act last year, Congress added Section 4(a)(6) to the Securities Act of 1933 to create an exemption to permit securities-based crowdfunding. In May 2012, the SEC published responses to frequently asked questions related to crowdfunding intermediaries which can be found here. However, as the SEC noted in an announcement on April 23, 2012, issuers may not rely on the new crowdfunding exemption until the SEC adopts final rules to implement the exemption. The Proposed Rules are another step forward in the process to allow companies to engage in securities-based crowdfunding.
How may companies engage in crowdfunding?
In order to more effectively protect investors, Title III of the JOBS Act provides that crowdfunding transactions must take place through an SEC-registered intermediary, either a broker-dealer or a funding portal. Under the Proposed Rules, the offerings would be conducted exclusively online through a platform operated by a registered broker or a funding portal, which will be a new type of SEC registrant.
Additionally, the Proposed Rules would prohibit a company from using more than one intermediary to conduct an offering or concurrent offerings made in reliance on Section 4(a)(6).
How may companies promote their crowdfunded offerings?
Companies would not be able to advertise the terms of the offering except for notices which direct investors to the funding portal or broker. The SEC noted that limiting the advertising of the terms of the offering to the information permitted in the notice is intended to direct investors to the intermediary’s platform and to make investment decisions with access to the disclosures necessary for them to make informed investment decisions. The permitted notices would be similar to the “tombstone ads” permitted under Securities Act Rule 134, except that the notices would be required to direct investors to the intermediary’s platform, such as by including a link directing the potential investor to the platform (“Issuer Notices”). The Proposed Rules would permit companies to distribute compliant notices about the offering through all channels of communication.
What is the maximum amount that a company can raise?
Under the Proposed Rules, a company would be able to raise a maximum aggregate amount of $1 million through crowdfunding offerings in a 12-month period. Capital raised through other means or in reliance on other exemptions would not be counted in determining the aggregate amount sold in reliance on Section 4(a)(6). Thus, a company could complete an offering made in reliance on the crowdfunding exemption that occurs before, after, or simultaneously with, another exempt offering.
How much would each individual investor be able to contribute?
Over the course of a 12-month period, investors would be able to contribute up to:
- $2,000 or 5% of their annual income or net worth, whichever is greater, if both their annual income and net worth are less than $100,000
- 10% of their annual income or net worth, whichever is greater, if either their annual income or net worth is equal to or more than $100,000. During the 12-month period, investors in this category would not be able to purchase more than $100,000 of securities through crowdfunding.
In both instances, the investor’s annual income and net worth may be calculated jointly with the income and net worth of the investor’s spouse. The Proposed Rules would also allow individuals to self-certify their income and net worth and the amount of their other crowdfunding investments for purposes of the individual investor limits.
Both limitations listed above would apply to all investors, including retail, institutional or accredited investors and both U.S. and non-U.S. citizens or residents.
Would all companies be eligible to utilize Regulation Crowdfunding?
No. The following companies would be ineligible to:
- non-U.S. companies
- companies that already are SEC reporting companies
- certain investment companies
- companies that are disqualified under the disqualification provisions of Section 302(d) of the JOBS Act
- companies that have failed to comply with the annual reporting requirements in the Proposed Rules (as described below)
- companies that have no specific business plan or have indicated their business plan is to engage in a merger or acquisition with an unidentified company or companies, e.g., so-called blank check companies
Will a company be able to compensate someone for the promotion of the offering through the intermediary?
The Proposed Rules would prohibit a company from compensating, directly or indirectly, anyone to promote the company’s offering through communication channels provided by the intermediary unless the company takes reasonable steps to ensure that the person clearly discloses the receipt (both past and prospective) of compensation each time the person makes a promotional communication.
The Proposed Rules also specify that companies shall not compensate, directly or indirectly, anyone to promote its offerings outside of the communication channels provided by the intermediary, unless the promotion is limited to Issuer Notices.
What would the intermediaries be required to do?
Under the Proposed Rules, the intermediaries would be required to, among other actions:
- Provide investors with educational materials and ensure that investors understand the risks of the investment
- Take measures to reduce the risk of fraud
- Make available information about the issuer and the offering
- Provide communication channels to permit discussions about offerings on the platform
- Facilitate the offer and sale of crowdfunded securities
What actions may the funding portals not take?
The Proposed Rules would prohibit funding portals from:
- Offering investment advice or making recommendations
- Soliciting purchases, sales or offers to buy securities offered or displayed on its website
- Imposing certain restrictions on compensating people for solicitations
- Holding, possessing, or handling investor funds or securities
However, the Proposed Rules would provide a safe harbor under which funding portals can engage in certain activities consistent with these restrictions.
What disclosures would be required?
The Proposed Rules would require companies conducting a crowdfunding offering to file certain information with the SEC on a Form C. Companies would also have to provide the information to investors, the relevant intermediary facilitating the offering, and potential investors.
Companies would have to provide the following information in their offering documents and in their Form C, among other things:
- Information about the officers and directors as well as shareholders that own 20% or more of the company
- A description of the company’s business and the use of proceeds from the offering
- The price of the securities being offered, the target offering amount, the deadline to reach the target offering amount, and whether the company will accept investments in excess of the target offering amount – note that the issuer is not required to fix the offering price until 5 days prior to the sale of the securities.
- Certain related-party transactions
- A description of the financial condition of the company
- Financial statements of the company that would have to be accompanied by a copy of the company’s tax returns or reviewed or audited by an independent public accountant or auditor, depending on the amount the issuer has sold in the prior 12-month period aggregated with the current offering.
- The process for cancelling an investment commitment or to complete the transaction
- A statement that investors may cancel an investment commitment until 48 hours prior to the deadline identified in the issuer’s offering materials, and a statement that if the company reaches the target amount prior to the identified deadline, it may close the offering early if it provides notice about the new offering deadline at least five days prior to the new deadline
- Disclosure of the material factors that make an investment in the company speculative or risky, including the material terms of any indebtedness of the issuer
Companies may choose to disclose more information if they believe that it is necessary.
How must this information be disclosed?
The Proposed Rules require disclosure through the internet but do not obligate companies to send paper copies of the offering documents to prospective investors. The Form C would require certain disclosures to be presented in a specified format while allowing the issuer to customize the presentation of other disclosures, as the SEC expressed that a company and the intermediary would determine the format that best conveys the other information that the issuer determines is material to investors.
Companies would be required to amend the offering document to reflect material changes and to provide updates on the company’s progress toward reaching the target offering amount within five business days of the company reaching particular intervals. If the update reflects material changes, the company would need to reconfirm the investment interest of the potential investor. For instance, if the company fixes the price of its securities after it initially files the Form C, it would need to amend the Form C to disclose the price and reconfirm the investment interests of its investors.
Most significantly, the Proposed Rules would require a company utilizing Regulation Crowdfunding to file an annual report of the results of operations and financial statements of the company with the SEC and post it on its website.
When could the securities be resold?
As mandated by Title III of the JOBS Act, securities purchased in a crowdfunding transaction are “restricted securities” and may not be resold for a period of one year. Holders of these securities would not count toward the threshold that requires a company to register with the SEC under Section 12(g) of the Securities Exchange Act of 1934.
What could the Proposed Rules mean for startups?
The Proposed Rules bring startups one step closer to being able to engage in securities-based crowdfunding. However, the restrictions and reporting requirements surrounding the new exemption may prove to be too burdensome for companies already operating on a shoestring budget. A historic precedent for this problem is Regulation A, which has been under-utilized since its inception due to the significant cost of the required disclosures when compared to the amount that could be raised.
What’s Next?
The SEC is seeking public comment on the Proposed Rules for 90 days after the publication of the Proposed Rules in the Federal Register. The SEC will review the comments and determine whether to adopt the Proposed Rules as proposed, or to amend them or to propose different rules. Companies wishing to influence the outcome of the final regulations are urged to review the Proposed Rules and timely submit any comments here.
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 here. John Hempill (212-634-3073, jhempill@sheppardmullin.com) and Lauren Lewis (650-815-2672, lalewis@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.
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.
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Controlling Costs Related to a Settlement
Ametros Financial has partnered with Ringler Medicare Solutions to offer professional administration services to expand the Medicare Set Aside, Medical Cost Projection, and Life Care Planning services, with the main purpose being to control costs related to a settlement. On Ringler Radio, host Larry Cohen welcomes colleague Cindy Chanley, and guest, Ken Paradis, co-founder of Ametros Financial, to talk about MSA CareGuard, alleviating some of the anxiety for claimants and plaintiffs, dealing with the Centers for Medicare and Medicaid Services (CMS) and the importance of compliance for all the players involved in a structured settlement.
Taking Control of Your Mobile Apps
There’s an app for everything. As we all discover how effectively we can use apps to connect with social media, as our work task managers, to find user-friendly news, and much more, they begin to accumulate on our smartphones and devices. Our hosts Dennis Kennedy and Tom Mighell share tips on how to organize those apps to be the most efficient, aesthetically pleasing, and space conserving - making room for more apps. We will also learn how to sync all of their devices so that we always have access to our apps. The second portion of the show will discuss the pros and cons of having an iPad, an iPad Mini, or how to utilize both. And stay tuned until the end to hear each host’s tech tip, one will surely save you some time on your computer.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/02/control-your-mobile-apps/
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Protip: Don't Screw With Old Folks
A squad of 18 deputies in Cook County were very aggressive in trying to collect money from deadbeat dads, using whatever methods they needed to bring these culprits to justice. When they put a gun to 77-year-old Merien Macon's head, however, they messed with the wrong person. From the Chicago Tribune:
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When the unit arrived at the Macons' home, two weeks before Merien's arrest, officers had two outstanding warrants for couple's son, Derrick Macon, then 50, including one for child support. Officers insisted they be allowed into the home, William Macon said.
Because the officers did not have a search warrant, William Macon refused, he said.
William Macon, 83 years old, wasn't to be easily pushed. You gotta love tough old birds. And before anyone gets all bent out of shape about his "derelict" deadbeat son, it turns out that while the team knew all about the outstanding warrants for child support, they somehow missed the order holding that he wasn't the father of the child. But let's not have facts impair a good story.
When the deputies saw Merien drive up to the back of the home, they approached with guns drawn — one pointed at her head as she sat in the car — and pressed her about her son's whereabouts, according to the lawsuit.
"I was really surprised when they walked up with their guns," Merien Macon, a retired clerical worker, said last week. "I was scared. I was shocked. I was surprised."
Macon, who had dropped off her son earlier, told them she didn't know where he was and she did not want to answer questions, [Macon's lawyer, Elizabeth] Kaveny said.
And so the deputies, duly chastised by their overly violent conduct frightening a nice old woman, apologized profusely and left her in peace outraged by her refusal to do as they commanded, decided to teach an old woman a lesson.
At that point, Merien Macon became upset and told the officers she would not speak to them. The officers handcuffed, frisked and arrested Merien Macon on a charge of obstruction of justice.
The officers then took her to a nearby parking lot, where they gave her a phone and told her to call her son and find out where he was.
Merien's husband, William, a retired electrician, called that "a hostage situation," attempting to trade off his wife for his son. The sheriff's office claimed that was not at all the case, and they were just being thoughtful.
The sheriff's office denied attempting to pressure Macon to call her son and said she was moved to the parking lot because her husband had become upset and neighbors were starting to gather.
They didn't want to upset old William by forcing him to watch her cuffed, frisked and with guns pointed at his wife's head. A very sensitive gesture in law enforcement, likely to win a medal at some point.
The Macons sued for what was done to Merien.
Merien Macon was charged with felony obstruction of justice, leading her to file a lawsuit against Sheriff Tom Dart and the officers involved. A Cook County jury recently sided with her, awarding Macon $327,500 and agreeing with her husband that what happened that afternoon went too far.
Frankly, that's a very healthy award, give that most plaintiffs in her situation could hope for a fraction of that at best. But then, picture a jury hearing the testimony in this case, looking at the 77-year-old woman and her loving 83-year-old husband, and pondering the cuffs on her wrists, the hands on her body, the gun at her head, all over a mistaken child support warrant. It doesn't get more sympathetic than this.
"I've seen this type of thing over and over and over," William Macon said. "But when it happens to you it becomes more personal."
Truth. Unless you happen to be knowledgeable about your rights, have the guts to assert them with a gun pointed at your head and, purely by happenstance, a couple of cool codgers, chances aren't good you would end up with a verdict of this magnitude. This makes it an exceptionally good reason to both applaud the Macons, and to care a whole lot about when things like this happen "over and over and over." Because next time it could be you, and it will, without question, become "more personal."
H/T Spencer Neal
© 2007-13 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/2013/07/13/protip-dont-screw-with-old-folks.aspx?ref=rss
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DOJ joins suit against US contractor charged with performing background checks
[JURIST] The US Department of Justice (DOJ) [official website] on Wednesday announced [press release] that it joined a lawsuit filed against United States Investigations Services LLC (USIS) [corporate website], the company charged with performing background investigations on potential employees of various federal agencies. The suit before the US District Court for the Middle District of Alabama [official website] was brought by a former USIS employee more than two years ago under the False Claims Act [LII backgrounder] alleging that the...
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Saturday, November 2, 2013
Predictive Policing and the Law
Some law enforcement agencies, like the Los Angeles Police Department, are turning to crime prediction software to aid in decreasing the rising crime rate, better known as predictive policing. Weighing the advantages of these programs to reduce crime raises questions about racial profiling within specific neighborhoods and our civil liberties. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Dr. Jeff Brantingham, co-founder of the company, PredPol and Professor Andrew G. Ferguson from the University of the District of Columbia David A. Clarke School of Law, as they look at the legal issues surrounding predictive policing.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/predictive-policing-and-the-law/
Taking Advantage of Apps and Plug-ins
Dennis Kennedy and Tom Mighell enter the realm of apps and plug-ins. Also known as web extensions, browser apps, add-ons, and bookmarklets, these additions to web browsers are made to make your Internet browser experience more efficient. Learn your hosts’ favorite web extensions when browsing for leisure and for work, and how to manage your apps and plug-ins so they don’t slow down your browser speed. The second half of the episode turns toward Internet communication, more specifically, how Twitter users are creating hashtags to express their moods in posts and how this changes the meaning and use of the hashtag.
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The Controversial War on Drugs
Back in 1971, Richard Nixon declared a "war on drugs" claiming "America’s Public Enemy No. 1 in the United States is drug abuse". Forty years later, we are still waging a war against drugs. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams join Ethan Nadelmann, founder and executive director of the Drug Policy Alliance and Judge Jim Gray, author of Why Our Drug Laws Have Failed and What We Can Do About It, as they spotlight the controversial war on drugs including: the legalization of Marijuana, the rise in prescription drug use, sentencing reform and what needs to happen legally to eliminate this growing problem.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-controversial-war-on-drugs/
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Suffolk Law's Pro Bono Program
Mia Friedman, Director of Public Interest and Pro Bono Programs at Suffolk Law's Rappaport Center for Law and Public Service, reviews our Pro Bono Program. Learn more at rappaportcenter.org.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/08/suffolk-laws-pro-bono-program/
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Teaching Law Practice Management and Legal Tech in Law School
The legal education system has been in question lately. President Obama has weighed in on shortening law school from three to two years. Others argue that the students need more time to include specialty courses such as law practice management (LPM) and legal tech into the curriculum. On this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the legal education debate, whether LPM and legal tech should be added to the course load, and how to best take advantage of a legal education. The second half of the show will cover the end of Windows XP and users’ options when looking for a new operating system.
I Spoke Too Soon
My expectations that SJ would be moving to new digs at WordPress yesterday were brutally dashed. My initial reaction was to say "screw it, this isn't worth the hassle anymore," but I spoke with a few friends who persuaded me not to give up the effort.
It appears that my plans, having already gone through at least three iterations, need to be redrawn. While I remain disinclined to spend a substantial amount of money to make this happen as a matter of principle, the amount of work needed to accomplish this task has proven to be far harder, more involved and less interesting than previously thought. At the moment, I have neither a solution nor a plan being carried out for an imminent move. Without one, SJ will vanish one day when GoDaddy pulls the plug.
Hopefully, I will figure out a way to accomplish the move before that. In the meantime, I'll resume what I do here and if it ends up vanishing one day for lack of a viable plan, so be it. It's the best I can do for the time being and under the circumstances. Sorry that things haven't worked out better thus far, but I'm still working on it.
© 2007-13 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.
It appears that my plans, having already gone through at least three iterations, need to be redrawn. While I remain disinclined to spend a substantial amount of money to make this happen as a matter of principle, the amount of work needed to accomplish this task has proven to be far harder, more involved and less interesting than previously thought. At the moment, I have neither a solution nor a plan being carried out for an imminent move. Without one, SJ will vanish one day when GoDaddy pulls the plug.
Hopefully, I will figure out a way to accomplish the move before that. In the meantime, I'll resume what I do here and if it ends up vanishing one day for lack of a viable plan, so be it. It's the best I can do for the time being and under the circumstances. Sorry that things haven't worked out better thus far, but I'm still working on it.
© 2007-13 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/2013/07/12/i-spoke-too-soon.aspx?ref=rss
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Future Law Office: Top Technology Trends Reshaping the Legal Field
In this video podcast of The Robert Half Legal Report, Charles Volkert, executive director of Robert Half Legal, and Robert Ambrogi, co-host of Lawyer2Lawyer on the Legal Talk Network discuss how law firms and corporate legal departments are leveraging technology to improve services and streamline workflow. They share key findings from Future Law Office, Robert Half Legal’s annual research program that examines important developments in the legal profession.
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Teaching Law Practice Management and Legal Tech in Law School
The legal education system has been in question lately. President Obama has weighed in on shortening law school from three to two years. Others argue that the students need more time to include specialty courses such as law practice management (LPM) and legal tech into the curriculum. On this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the legal education debate, whether LPM and legal tech should be added to the course load, and how to best take advantage of a legal education. The second half of the show will cover the end of Windows XP and users’ options when looking for a new operating system.
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Mid-year union dues increase: Hudson notice required, opt-in not opt-out
The US Supreme Court this morning held that "when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."
Knox v. Service Employees Intl Union (US Supreme Ct 06/21/2012)
This is a remarkable decision for two reasons.
First, the Court has never before held that unions must issue a Hudson notice before changing the amount of dues. Hudson notices have always been based on an after-the-fact look-back based on the previous year's audited accounts.Second, the Court has never before held that unions cannot collect fees from nonmembers unless they affirmatively opt in. The Hudson notice system has always been based on the idea that nonmembers can get an after-the-fact refund.
The union representing California public sector employees has an agency shop agreement which requires nonmembers to pay an annual fee for "chargeable" expenses - nonpolitical costs related to collective bargaining. In June 2005 the union sent out its annual Hudson notice which estimated that chargeable expenses would be 56.35% of its total expenditures. After the 30-day period that nonmembers had to object, the union announced a 25% increase to fund a broad range of political expenses, but nonmembers were given no choice as to whether they would pay into this fund.
The US Supreme Court held (7-2) that
"when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."
The Court described this case as one involving compelled funding of the speech of other private speakers or groups, which is akin to compelled speech and compelled association. Therefore, it is subject to "exacting First Amendment scrutiny." In order to prevent the union from extracting a loan from unwilling nonmembers, the union must issue a fresh Hudson notice and must exempt nonmembers unless they opt in.
Two Justices, CONCURRING in the judgment, criticized the majority for adopting an opt-in system of fee collection which was "not contained in the questions presented, briefed, or argued."
Two Justices, DISSENTING, pointed out that unions have always been allowed to calculate each year's fee based on its expenses during the previous year. Although an imperfect system, it is not unconstitutional.
Source: http://www.lawmemo.com/blog/2012/06/midyear_union_d.html
Friday, November 1, 2013
Sekisui Am. Corp v. Hart: Federal Rule Makers, Take Note
Judge Shira Scheindlin, an influential voice in e-discovery, recently decided Sekisui Am. Corp. v. Hart which could serve as a new standard when it comes to e-discovery preservation requirements. Overturning Magistrate Judge Frank Maas, Scheindlin leveraged this spoliation case to address potential amendments to The Federal Rules of Civil Procedure regarding preservation, specifically Rule 37(e). On this edition of The ESI Report, Kroll Ontrack’s Director of Thought Leadership Michele Lange invites e-discovery experts Adam and Catherine Losey to analyze the case ruling and its possible outcomes for the e-discovery field.
• Adam Losey is the president and editor-in-chief of IT-Lex, a non-profit organization dedicated to educational, literary, and scientific advancement in the field of technology law. He has taught e-discovery as part of Columbia's Information and Digital Resource Management Master's Program. Losey is a member of the New York, Florida, and District of Columbia bars.
• Catherine Losey is currently a litigation attorney for Akerman law firm. She has a diverse practice in state and federal court that includes litigating commercial disputes, labor and employment matters, family and probate matters, and ERISA cases. In October she will join Littler Mendelson’s e-discovery practice group.
• Adam Losey is the president and editor-in-chief of IT-Lex, a non-profit organization dedicated to educational, literary, and scientific advancement in the field of technology law. He has taught e-discovery as part of Columbia's Information and Digital Resource Management Master's Program. Losey is a member of the New York, Florida, and District of Columbia bars.
• Catherine Losey is currently a litigation attorney for Akerman law firm. She has a diverse practice in state and federal court that includes litigating commercial disputes, labor and employment matters, family and probate matters, and ERISA cases. In October she will join Littler Mendelson’s e-discovery practice group.
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How Medical Apology Programs Harm Patients
Gabriel Teninbaum, Associate Professor of Legal Writing at Suffolk Law, discusses his May 2012 Boston Globe editorial and recent article on how medical apology programs harm patients. Read the article at http://bit.ly/qEUwjh.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/06/how-medical-apology-programs-harm-patients/
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Appeals Court Sides With Employers On Covering Birth Control
A federal appeals court has sided with the Catholic owners of a business who fought a requirement in the 2010 health care law that employers provide insurance coverage for birth control. Federal courts have been split on the issue, which many expect to head to the Supreme Court.
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Griffin Confirmed as Labor Board GC on Party-Line Vote
The Senate confirmed Richard Griffin to serve as the top lawyer at the National Labor Relations Board on Tuesday, just three months after legislators struck a deal that removed him of the agency's board.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202625673139&rss=rss_nlj
Debtor Can’t Reopen Case for Home Loan
A debtor may not reopen her Chapter 7 bankruptcy case in order to enter into a reaffirmation agreement with her mortgage company, says a Roanoke U.S. Bankruptcy Court, but the court’s denial of her motion does not preclude her from continuing to make mortgage payments in an effort to stay in her home. Under 11 ...
Source: http://valawyersweekly.com/2013/10/31/debtor-cant-reopen-case-for-home-loan/
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BU School of Law’s Semester-in-Practice Program
Boston University School of Law’s Semester-in-Practice Program has provided some great opportunities to law students who are looking to prepare themselves for the legal world. Host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth, talks with Professor Sean J. Kealy, director of the Government Lawyering program in Washington D.C, and Michael Greenwald, an alum of BU School of Law, who spent a semester in Washington working for the U.S. Treasury's Office of Terrorism and Financial Intelligence. Sean and Michael talk about the benefits of the program, the hands-on training, and share their personal experiences.
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Some Things You Just Can’t Say To A Judge
Judges are generally an understanding lot. But there are some things you just can’t say to a judge. Mr. Harry Elias found this out the hard way. As reported by kamloopsnews.ca:
Harry Elias was in a family court proceeding on Monday when he allegedly told provincial court Judge Stella Frame to f-off during a heated family hearing, several people familiar with the matter said.
Allegedly? It was in open court!
Frame then cited Elias for contempt of court and ordered he be held at Kamloops Regional Correctional Centre overnight.
It turns out the timing of the outburst could not have been worse.
Veteran lawyers at the courthouse said they’ve never seen anyone jailed overnight for contempt of court, but had seen warnings from judges accompanied by a cooling-off period.
The incident came at the end of the day, however, giving no time for Elias to be brought back up after spending time in sheriff’s cells in the basement of the courthouse.
No worries though. Mr. Elias has been released, and is now free to drop f-bombs again, although it’s safe to say none will be directed at a judge. Here’s the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/4TrMElrVLN8/dd-2.html
Future Law Office: Top Technology Trends Reshaping the Legal Field
In this video podcast of The Robert Half Legal Report, Charles Volkert, executive director of Robert Half Legal, and Robert Ambrogi, co-host of Lawyer2Lawyer on the Legal Talk Network discuss how law firms and corporate legal departments are leveraging technology to improve services and streamline workflow. They share key findings from Future Law Office, Robert Half Legal’s annual research program that examines important developments in the legal profession.
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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BP Settlement and the Plaintiffs' Steering Committee
In March of 2012, BP Oil reached a proposed class action settlement with the Plaintiffs' Steering Committee which BP has valued at about $7.8 billion. The court will consider final approval of the settlement at a Fairness Hearing scheduled for November 8, 2012. On Ringler Radio, host Larry Cohen and Ringler colleague, Wayne Wagner join guest, Attorney Paul Sterbcow from the firm Lewis, Kullman, Sterbcow & Abramson, to give a behind the scenes look at the Plaintiff’s Steering Committee and provide updates on a potential settlement for the worst oil spill in U.S. history.
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