Friday, December 27, 2013
Virtual Paralegals: Forming a Magical Team
Thursday, December 26, 2013
NSA Surveillance Bugs D.C. Judge
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202634344653&rss=rss_nlj
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Court orders $24M False Claims penalty
Source: http://valawyersweekly.com/2013/12/26/court-orders-24m-false-claims-penalty/
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CARRM: The Future of Computer Assisted Review
• George Socha is the president and founder of Socha Consulting LLC, an electronic discovery consulting firm. In 2003 he and Tom Gelbmann launched the Socha-Gelbman Electronic Discovery Survey, now Apersee. and in 2005 they started EDRM. George is an advisor and expert witness who focuses on the full range of eDiscovery activities. His clients include corporations, governmental agencies, legal vertical market software and services providers, investment firms and law firms. Before launching his consulting firm, George spent 16 years as a litigation attorney in private practice.
• Tom Palladino is the President of NightOwl Discovery, a leading national provider of technology-driven corporate discovery management and litigation readiness consulting services. Tom is a certified eDiscovery specialist (CEDS) and has extensive experience in large-scale discovery management, software development and corporate managed services. Tom is active in working groups for EDRM, serves as a guest instructor at the University of Minnesota Law School, teaches frequent CLE courses and has participated in the Sedona Conference. Before joining NightOwl, Tom co-founded Hire Quality, Inc., where he designed and deployed major service programs for Fortune 100 companies including UPS, Bell Atlantic, Southwestern Bell, IKON Office Solutions and MBNA Bank.
Socha and Palladino are some of the contributors of the CARRM. This episode will focus on the development of this new computer assisted review model within the ediscovery industry.
Source: http://legaltalknetwork.com/podcasts/esi-report/2013/04/carrm-the-future-of-computer-assisted-review
Morsi referred to third trial by Egypt prosecutors
Source: http://jurist.org/paperchase/2013/12/morsi-referred-to-third-trial-by-egypt-prosecutors.php
The iPad for Litigators and Life After Google Reader
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These Gents Make The “Wet Bandits” Look Good
It’s hard to make the “Wet Bandits” look good, but these gents have done it. How? By leaving their DNA at every crime scene. Brilliant! As found in The Star Online (Malaysia):
A gang of thieves in Ipoh is leaving “a souvenir” behind everytime they rob a house.
The police are trying to track down the group which urinates and defecates in the living room of each house they rob.
The group, dubbed as the geng tahi or “faeces gang”, is believed to be practising black magic to put a “spell” on the home owners.
Doh! Here’s the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/uHMtvq9oKYY/gents-make-wet-bandits-look-good.html
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Paralegal Proofreading Tips
Kathy Albrecht Sieckman, PLS, PP, ACP developed an interest in proofreading when she sat for a certification exam. Since then she has become known by her family and her co-workers as the go-to person when they have grammar questions. She has worked as a paralegal and a secretary for more than 30 years, where she can apply her extra curricular interest in grammar – You’ll find tips on her blog: www.proofthatblog.com. She is also the marketing director for NALS.
Learn from the experts: Voisin and Sieckman discuss why proofreading is difficult, which proofreading tools you can rely on and those that are unreliable, approaches to proofreading on your own, and common proofreading errors paralegals should avoid.
A special thanks to our sponsor, NALA.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/08/paralegal-proofreading-tips/
LawBiz® Legal Pad: Senior Olympics
A few weeks ago, Ed competed in the cycling events at the Senior Olympics. Today, Ed reflects on how that experience relates to his professional life and the Business of Law.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/iGGMZD8E5K8/
Obama Issues Year-End Commutations For Drug Crimes
The president commuted the sentences of eight people convicted on cocaine-related charges and pardoned 13 others convicted of other offenses.
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Supreme Court Watch: Employment law cases
We will be watching three pending cases at the US Supreme Court as the Court's session opens today:
Kloeckner v. Solis
Oral argument on October 2.
The Merit Systems Protection Board (MSPB) hears appeals by federal employees regarding certain adverse actions, such as dismissals. If the employee asserts that the challenged action was the result of unlawful discrimination, that claim is referred to as a "mixed case."
Question Presented: If the MSPB decides a mixed case without determining the merits of the discrimination claim, is the court with jurisdiction over that claim the Court of Appeals for the Federal Circuit or a district court?
Vance v. Ball State Univ
Oral argument on November 26.
Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) held that under Title VII, an employer is vicariously liable for workplace harassment by a supervisor of the victim. If the harasser was the victim’s co-employee, however, the employer is not liable absent proof of negligence.
Question Presented: Whether the Faragher and Ellerth “supervisor” liability rule (i) applies to harassment by those whom the employer vests with authority to direct and oversee their victim’s daily work, or (ii) is limited to those harassers who have the power to “hire, fire, demote, promote, transfer, or discipline” their victim.
Genesis HealthCare v. Symczyk
Oral argument December 3.
Symczk sued under the Fair Labor Standards Act (FLSA) on behalf of herself and all others similarly situated. This was a section 216(b) collective action. The defendants extended an offer of judgment under Fed. R. Civ. P. 68 in full satisfaction of her alleged damages, fees, and costs - prior to her moving for conditional certification and prior to other potential plaintiffs opting in.
Question Presented: Whether a case becomes moot, and thus beyond the judicial power of Article III, when the lone plaintiff receives an offer from the defendants to satisfy all of the plaintiff's claims.
Source: http://www.lawmemo.com/blog/2012/10/supreme_court_w_11.html
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Wednesday, December 25, 2013
Digital Cameras in Law: Are Smartphones Good Enough?
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/02/digital-cameras-in-law/
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Experience User-Friendly Systems
Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/10/experience-user-friendly-systems/
Virtual Staffing: Implementation and Management
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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Medical Treatment Guidelines for Injured Workers
Michael Gruber recently finished Medical Treatment Guidelines: The Good, the Bad, and the Ugly. He is a practicing attorney for Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, where he handles workers compensation cases for the firm. In 2012, Mr. Gruber was named as the chairman of the Workers’ Compensation Committee of the Brooklyn Bar Association and he is a member of numerous workers’-compensation-centered organizations.
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NSSTA’s Take the Hill
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/07/nsstas-take-the-hill/
Straight From The Hole
Before you dismiss Rideau as a killer who deserved whatever he got, bear in mind that stories from the inside aren't told by saints. Every once in a while, a former inmate emerges with the erudition necessary to put into words the world that most of us never knew existed. When this happens, it's a window through which we need to look. Rideau offers a view of solitary confinement, the hole.
I know something about solitary confinement, because I’ve been there. I spent a total of 12 years in various solitary confinement cells. And I can tell you that isolating a human being for years in a barren cell the size of a small bathroom is the cruelest thing you can do to a person.Deprived of all human contact, you lose your feeling of connectedness to the world. You lose your ability to make small talk, even with the guard who shoves your meal through the slot in the door. You live entirely in your head, for there is nothing else. You talk to yourself, answer yourself. You become paranoid, depressed, sleepless. To ward off madness, you must give your mind something to do. In 1970, I counted the 358 rivets that held my steel cell together, over and over. Every time the walls seemed to be closing in on me, I counted them again, to give my mind something to fasten on to.
Without having been there, it's likely inconceivable to understand what happens to a mind in isolation. Some of us have trouble being alone for an hour, an evening, a day. Add day upon day, year upon year. But not the way it is for us, where we still have access to television or internet, even if there is no other living person around. No, this is completely different.
But to add insult to injury, don't leap to the assumption that if a prisoner ends up in the hole, he must have done something pretty bad to deserve it.
In a world where authorities exercise absolute power and demand abject obedience, prisoners are almost always going to be on the losing side, and they know it.
The typical inmate doesn’t want trouble. He has little to gain and too much to lose: his job, his visits, his recreation time, his phone privileges, his right to buy tuna, ramen and stale bread at inflated prices in the commissary. The ways even a bystander to the most peaceful protest can be punished are limited only by the imagination of the authorities.
Punishment can be deserved or not. There's no due process in prison. There's no one to complain to about being punished based on a false accusation, a trumped up allegation, a guard pissed off by an attitude. Authorities own the lives of prisoners, and can be as harsh as they want to be, as arbitrary as they feel like. And there isn't a damn thing you can do about it.
Rideau explains that the prison protests in California are an outgrowth of a system run amok and no other means of addressing their grievance.
And yet, sometimes things get so bad that prisoners feel compelled to protest, with work stoppages, riots or hunger strikes. On July 8, some 30,000 inmates in the custody of the California Department of Corrections went on a hunger strike to demand improvements in prison conditions. Their biggest complaint was the runaway use of solitary confinement, the fact that thousands of prisoners are consigned to this cruelty indefinitely, some for decades.
While prisoners are sentenced to incarceration, no judge sentences them to isolation for decades. There is no requirement that any neutral party review the decision to inflict this torture on another human being. It can be imposed for a sound reason or no reason at all. Who is to disagree? But no matter what the reason or nonreason, to put a person in the hole for years, for decades, is to impose psychological torture of a terrible kind on a human being. And there is nothing, absolutely nothing, the prisoner can do about it.
In California, inmates did the only thing left for them to do, protest. Not too many of us care about what happened to "criminals." After all, bad dudes who did bad things to other people. A pox on them. They get what they deserve and their out of sight, out of mind. But there is good reason to give them just a little bit of though. For one thing, they are still people, and we are still purportedly a civilized society that doesn't condone the needless brutal treatment of people. But if you lack anything remotely resembling empathy, than do it for your own sake:
Why should you be concerned about the inhumane conditions of prolonged solitary confinement, with all the social, emotional and mental deterioration that it entails? Well, every year men from California’s Pelican Bay and other supermax prisons around the nation are released directly from the vacuum of their cells into free society, to live and work among you and your loved ones. As a matter of self-preservation, maybe we should all join the prisoners’ request for rehabilitative opportunities that will improve the mental health of those in solitary.
Go say "hi" to the guy who moved in down the block kids. So what if he spent the last two decades in the hole and seems a bit odd. I'm sure he'll get over it.
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Source: http://blog.simplejustice.us/2013/07/17/straight-from-the-hole.aspx?ref=rss
Defending Big Data
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/10/defending-big-data/
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Law Firms Work to Beat the Collection Clock
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Desktop as a Service for Lawyers
Rowe is a 4th generation attorney with an undergraduate degree in computer science and business administration. He now works as a technology consultant for law firms and businesses at OTB-Consulting and was named Technolawyer’s technology consultant of the year.
Rowe answers questions about DaaS for big, small, and solo firms, how to make DaaS secure, how to make it cost effective, and more. He will also talk about SaaS, software as a service, as it relates to lawyers and DaaS users.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2013/04/desktop-as-a-service-for-lawyers
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