Monday, September 30, 2013

Competitive Branding and Website Development for Lawyers

Clients have an abundance of options when hiring an attorney. Often, it is a firm’s website that determines who they ultimately hire. On this episode of The Legal Toolkit, hosts Jared Correia and Heidi Alexander talk to Jeff Lantz about building an Internet brand and website that differentiates you from your competitors and attracts clients.

Jeff Lantz is the founder and CEO of Esquire Interactive. His company is an attorney-run marketing firm that specializes in website development, Internet marketing, and branding for law firms and attorneys. Lantz was a practicing attorney for more than 12 years before he delved into Internet marketing. He has authored two books: The Essential Attorney Handbook for Internet Marketing, Search Engine Optimization, and Website Development Management, referred to as “The bible for building law firm websites,” by host Alexander, and Internet Branding for Lawyers: Building the Client-Centered Website published by the ABA Law Practice Management Section.
Tune in to hear from the author of Internet Branding for Lawyers on the basics of branding, website development, and marketing for attorneys.

Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2013/05/competitive-branding-and-website-development-for-lawyers

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You Don’t Find Kohl’s Exciting?

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Truth be told, The Juice isn’t a Kohl’s guy either. But some people get really excited about shopping there …

A man from Oconomowoc, accused of fondling himself in a department store, was charged Monday with one count of Lewd and Lascivious Behavior.

According to the criminal complaint, Daniel Wagner, 38, was seen masturbating in a Kohl’s Department store on St. Paul Ave. in April.

Wagner was also charged with Disorderly Conduct. If convicted, he faces up to a year in prison.

(The above is from a report by Wisconsin station TMJ4 at todaystmj4.com.)

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/STm7nmKCWDE/post_780.html

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Michigan Treasury Department rules same-sex spouses must file separate tax returns

[JURIST] The Michigan Department of Treasury [official website] has determined [text, PDF] that same-sex spouses must file separate tax returns. In a one-page notice posted on the Treasury website, Michigan residents are advised that same-sex couples who file a joint federal income tax return must continue to file income tax returns for Michigan with each individual using the single filing status. The Michigan Income Tax Act [text, PDF] limits a joint tax return to a married couple who are "husband...

Source: http://jurist.org/paperchase/2013/09/michigan-treasury-department-rules-same-sex-spouses-must-file-separate-tax-returns.php

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2013's Trade Show Tech Trends

Your host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Bob Ambrogi, lawyer, writer, and media consultant, to talk about the latest tech trends they’ve seen at the trade-show circuit this year. Ambrogi runs a solo law firm where he represents clients in cases that cover the intersection of law, media, and technology. He also writes multiple blogs covering technology in law and is co-host of Legal Talk Network’s Lawyer2Lawyer podcast.

Bay and Ambrogi discuss the legal tech trends they’ve seen at Legal Tech NY and the ABA Tech Show, such as the rise of practice management software in the cloud, what working in the cloud means for client data security, economization through technology, and more.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2013/04/2013s-trade-show-tech-trends-2/

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Kids’ Chance: Helping Children of Injured Workers

When someone is seriously injured or dies on the job, their family is left to pick up the pieces and sometimes the family’s education funds are at risk. Kids’ Chance is a national organization that funds educational scholarships for the children of injured workers, so that they can pursue their educational goals. In this podcast, Ringler Radio host Larry Cohen along with co-host, Bill Wright, talk with the Founder of Kids' Chance, Attorney Bob Clyatt, about the Kids’ Chance mission and how it has been instrumental in helping the children of injured families through the power of education.

Source: http://ringlerradio.com/podcasts/ringler-radio/2013/03/kids-chance-helping-children-of-injured-workers/

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The Firm Leader – Mastering Difficult Conversations

Attorneys can turn into leaders by successfully engaging others during difficult conversations. Learn more about handling these tough talks, how to prepare and how to get the results you want during these conversations on the Un-Billable Hour with host Attorney Rodney Dowell, the Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program and expert guest Karen MacKay, President of the consultancy Phoenix Legal Inc.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/07/the-firm-leader-mastering-difficult-conversations/

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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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A Look Ahead: Hiring and Compensation Trends for 2013

In this edition of The Robert Half Legal Report, host George Denlinger, senior district president for Robert Half Legal, and attorney Charles Volkert, executive director of Robert Half Legal, discuss high-growth specialties and career opportunities for 2013. They reveal the latest trends in hiring and compensation affecting the legal field, the qualities employers are seeking when making new hires and must-have advice for job seekers.

Source: http://www.roberthalflegal.com/podcasts

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Sunday, September 29, 2013

Scary Tech: Lessons from ABA TECHSHOW 2013

Find out what the experts in computer security saw at ABA TECHSHOW 2013 - things like attendees with no passcode on their tablets or smartphones and people connecting to insecure networks which monitored their data traffic (through a scary device called a Pineapple). Digital Detectives hosts Sharon Nelson, Esq. and John Simek, president and vice president of Sensei Enterprises, Inc., welcome Ben Schorr of Roland Schorr to talk about the best ways to secure your home and office devices

Ben Schorr has been a technical consultant for businesses for two decades. Microsoft named him Most Valuable Professional (MVP) for both their Outlook product group and their OneNote product group. He was recently named by the Pacific Technology Foundation as one of the Top 50 Technology Leaders in Hawaii, where he is CEO of Roland Schorr, an IT management and support company.

This episode will help you understand how to connect to the Internet securely when you are out of the office, to create secure passwords for your devices, to keep your security patches up-to-date, to backup and do test restores of your data, and more.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2013/04/scary-tech/

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College Newspaper Alcohol Ad Ban Deemed Unconstitutional

A federal appeals court ruled on Wednesday that a Virginia state ban on alcohol advertisements in college newspapers violated the First Amendment.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202620789397&rss=rss_nlj

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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.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/10/maritime-injuries-and-structured-settlements/

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NSA Reportedly Uses Data To Chart Americans' Social Ties

The National Security Agency's effort to find connections between suspects has led the agency to collate reams of phone and e-mail data with information from sources that include GPS data and Facebook, according to The New York Times. The newspaper cites documents provided by former NSA contract worker Edward Snowden.

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Source: http://www.npr.org/blogs/thetwo-way/2013/09/28/227242701/nsa-reportedly-uses-data-to-chart-americans-social-ties?ft=1&f=1070

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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.]

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Source: http://www.lawmemo.com/blog/2012/05/doma_down_but_w.html

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Evaluating and Negotiating Workers’ Compensation Claims

Closing a workers’ compensation claim involves a two-step process: evaluation and negotiation. On Ringler Radio, host Larry Cohen joins colleague, Teddy Snyder, Esq. and Attorney Sylvia Lopez from Bakersfield, California, to talk about closing workers’ compensation claims. They explore the risks and advantages to a claimant and employer in closing a workers’ compensation claim, the importance of rated age and how a structured settlement can give injured workers the best of both worlds.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/05/evaluating-and-negotiating-workers-compensation-claims/

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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.

Source: http://legaltalknetwork.com/podcasts/esi-report/2013/09/sekisui-am-corp-v-hart-federal-rule-makers-take-note

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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.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/08/controlling-costs-related-to-a-settlement/

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Saturday, September 28, 2013

The Legal Toolkit is Back

Wondering where The Legal Toolkit has been for the past six months? Never fear, Jared Correia, your host and a Senior Law Practice Advisor with Massachusetts Law Office Management Assistance Program ( Mass. LOMAP), is back. In this month’s episode meet the new co-host Heidi Alexander, also a Law Practice Advisor with Mass. LOMAP, who will be the newest addition to The Legal Toolkit team. Before joining LOMAP, Alexander ran a solo law practice and a web consulting business. She has practiced employment law and litigation, clerked for a justice on the highest court of New Jersey, and worked helping entrepreneurs launch and grow their businesses at a nonprofit women’s business assistance center. She is currently serving on the board of directors of a community arts nonprofit, as a special needs mentor, and as a coordinator and facilitator for girls in underserved communities. This episode will introduce Alexander and give her a chance to further outline her background, expertise, side projects, volunteer positions, and finally, her strong loyalty to her home state of Minnesota.

Source: http://legaltalknetwork.com/podcasts/2013/03/the-legal-toolkit-is-back/

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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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Transgender Family Law in the Courts

Advocates for the transgender community say this segment of the population faces an extremely difficult time in court because of bias and misunderstanding, especially in cases of parental rights and protection for transgender youth. Lawyer2Lawyer co-host and attorney, Bob Ambrogi breaks down the difficulties the transgender community faces every day with Attorney Jennifer L. Levi, the director of GLAD's Transgender Rights Project and Attorney Elizabeth E. Monnin-Browder from Ropes & Gray and a former GLAD attorney. Jennifer and Liz also discuss their new book, Transgender Family Law: A Guide to Effective Advocacy.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/transgender-family-law-in-the-courts/

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Lawyer2Lawyer 7th Anniversary

On the longest continually produced legal podcast, Lawyer2Lawyer hosts Bob Ambrogi and J.Craig Williams share their experiences with great guests and insightful legal topics - some serious and some not so serious. And hear a behind the scenes special interview.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/lawyer2lawyer-7th-anniversary/

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Calif. AG's Concession of Error Leaves a Sting

Despite an unusual request by the California attorney general to withdraw a concession of error, the Ninth Circuit has left in place a scorching opinion that found a former DA committed "a textbook case of prosecutorial misconduct."

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202621303312&rss=newswire

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Calif. AG's Concession of Error Leaves a Sting

Despite an unusual request by the California attorney general to withdraw a concession of error, the Ninth Circuit has left in place a scorching opinion that found a former DA committed "a textbook case of prosecutorial misconduct."

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202621303312&rss=newswire

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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.]

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Source: http://www.lawmemo.com/blog/2012/05/doma_down_but_w.html

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Lawyer2Lawyer: A Retrospective

We started Lawyer2Lawyer back in August of 2005 with the idea of providing quality content and discussion of timely legal news and information for the legal profession with regularly published podcasts and often videos too. Since our inception, we have set the precedent for legal podcasting in numbers of listeners globally, but more importantly, we’ve been one of the leaders in great content - our priority over the past 7 years. On this final edition of Lawyer2Lawyer, hosts Bob Ambrogi and Craig Williams, talk about their personal experiences over the years with this legal podcast.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/lawyer2lawyer-a-retrospective/

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Friday, September 27, 2013

Obligations to Clients in Settlement Negotiations

After a settlement has been reached in a lawsuit, often claimants have questions about how to handle or manage their settlement money. On this Ringler Radio podcast, host Larry Cohen and co-host, Ann Marie VonBank get some real world perspective from expert guest, Attorney James Heuer, Jr., to discuss the attorney obligations to the client during settlement negotiations and after the settlement has been reached.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/01/obligations-to-%20%20clients-in-settlement-negotiations/

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Nacchio: ‘It’s Life on Mars’

He’s back. Joseph Nacchio, the onetime high-flying telecom chief executive convicted of insider trading is out of prison.

Source: http://blogs.wsj.com/law/2013/09/27/nacchio-its-life-on-mars/?mod=WSJBlog

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Paralegals Are Key in Witness Preparation

Katherine James was getting her masters in acting when her mentor was called to jury duty. The stories he had after his experience in court inspired her to open ACT of Communication: Consultants in the Art of Advocacy. The organization brings state-of-the-art communication skills to attorneys and their witnesses. James uses what she learned in acting school, like the importance of eye contact and clear communication, to prep attorneys and witnesses for the courtroom. With more than 30 years of experience, she has helped take more than 15,000 cases to trial.

On this edition of The Paralegal Voice host Vicki Voisin talks with James about her career in witness preparation and the importance of paralegals in her work. James stresses that paralegals are the key to getting to know witnesses, the first step to making them feel comfortable with their role in the case. She also provides tips for witness preparation such as practicing on camera, the importance of appearance and wardrobe, and more.

There is also a surprise interview at the end of the show where listeners can get to know Jericka Lyon, fellow paralegal and winner of a trip to Los Angeles and tickets to the Dancing With the Stars Finale through the Legal Talk Network giveaway!

Special thanks to our sponsor, National Association of Legal Assistants (NALA).

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/06/paralegals-are-key-in-witness-preparation

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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.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/08/controlling-costs-related-to-a-settlement/

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No district court jurisdiction for federal employee challenging adverse employment action (6-3)

The US Supreme Court held this morning that the Civil Service Reform Act (CSRA) precludes district court jurisdiction over Elgin's claim that his removal from federal service was based on an unconstitutional statute. The procedural route prescribed by the CSRA is by appeal to the Merit Systems Protection Board (MSPB) and, if dissatisfied with the result, appeal to the Federal Circuit, whose decisions in turn are reviewable by the Supreme Court.

Elgin v. Dept of Treasury (US Supreme Ct 06/11/2012)

A federal statute bars employment in the executive branch of male citizens who failed to register for the draft. Elgin, who had been discharged from his job, first challenged the decision before the MSPB - arguing that the statutory bar was unconstitutional - but an ALJ dismissed his case on the ground that the MSPB lacked authority to review the constitutionality of a federal statute. Rather than appealing from that decision, Elgin sued in federal district court.

The US Supreme Court held that the district court lacked jurisdiction because it is "fairly discernable" from the CSRA's text, structure, and purpose that Congress precluded district court jurisdiction over Elgin's claims. Based on CSRA's text and structure, there is no exception for constitutional challenges to federal statutes. If the MSPB lacks power to hear such claims, they can be meaningfully addressed by the Federal Circuit.

The DISSENT argued that Elgin's "constitutional claims are a far cry from the type of claim that Congress intended to channel through the [MSPB]."

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Source: http://www.lawmemo.com/blog/2012/06/no_district_cou.html

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AGs Press for E-Cig Regs; Hughes Confirmed; ‘Invisible Man’ Ban

The AM Roundup: Law Blog rounds up the morning's news.

Source: http://blogs.wsj.com/law/2013/09/25/ags-press-for-e-cig-regs-hughes-confirmed-invisible-man-ban/?mod=WSJBlog

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2013 Legal-Tech Surveys Say . . .

The end of summer marks the release of two legal-tech surveys that create the benchmark for solos and firms on legal technology practices and spending. The ILTA / InsideLegal Technology Survey and the ABA Legal Technology Survey Report define key trends and give lawyers a look at the current state of legal technology. On this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the highlights and conclusions of each survey and what they mean for today's and tomorrow’s legal technology trends. The second half of the show will cover personal branding and how it has turned into meaning much more than just active social media channels.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/09/2013-legal-tech-surveys-say

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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.

Source: http://legaltalknetwork.com/podcasts/boston-university-school-of-law/2012/06/bu-school-of-laws-semester-in-practice-program/

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Thursday, September 26, 2013

IRS Dispute With Tax Preparers Is Horse of a Different Color

At the center of a dispute between the Obama administration and tax-return preparers is a 19th-century law involving horses.

Source: http://blogs.wsj.com/law/2013/09/26/irs-dispute-with-tax-preparers-is-a-horse-of-a-different-color/?mod=WSJBlog

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Building a bike, made in America‏

"Made in America," a new slogan started by ABC television some time ago is represented by Bike Friday. They are one of the few bike manufacturers left in this country, having been started more than 20 years ago.  Not only do they have a unique product, they also have a unique service creed. See the accompanying photos we took of their operation.
 
Of course, one cannot photograph service; it's an intangible. But, it's the service that creates the goodwill for an organization, it's the service that builds loyalty, and it's the service that creates advocates for what you're selling.  Law practice is no different. I've seen "poor" lawyers get return business because their service exceeded expectations; I've seen great lawyers lose business because they failed to understand their clients' wants and failed to provide outstanding (let alone just good) service.  Interestingly enough, clients cannot differentiate among the quality levels of legal capability; but they instantly can recognize levels of service provided.
 
What are you doing? Share with us what you do with and for your clients to provide outstanding service to them.
 

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/TgeaeCZ63m0/

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Mark Woods: Exploring the St. Johns River, with a paddle (Florida Times-Union)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Law - Video Stories, RSS Feeds and Widgets via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/law/video/327140731?client_source=feed&format=rss

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2013's Trade Show Tech Trends

Your host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Bob Ambrogi, lawyer, writer, and media consultant, to talk about the latest tech trends they’ve seen at the trade-show circuit this year. Ambrogi runs a solo law firm where he represents clients in cases that cover the intersection of law, media, and technology. He also writes multiple blogs covering technology in law and is co-host of Legal Talk Network’s Lawyer2Lawyer podcast.

Bay and Ambrogi discuss the legal tech trends they’ve seen at Legal Tech NY and the ABA Tech Show, such as the rise of practice management software in the cloud, what working in the cloud means for client data security, economization through technology, and more.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2013/04/2013s-trade-show-tech-trends-2/

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Pricing Practices for Attorneys

Toby Brown is a former director of the Utah State Bar and currently the Director of Strategic Pricing & Analytics for Akin Gump, a top 50 AmLaw law firm.

Toby is at the forefront of developing alternative fees — helping his firm set prices — so that the client and law firm are mutually benefited and act as "partners." Toby has a great combination of executive level skills in the areas of technology, law and economics.

30 minutes 7 seconds
6.89 MB

Click here to listen.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/BOzIksouS70/

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Back to School Spotlight on Law Students

It’s about that time of year again where law students brush off the summer days and head back to school. In this very special "Back to School" edition of Lawyer2Lawyer, co-host and attorney, Craig Williams, chats with law students Daren Gottlieb from Western State College of Law in Fullerton, California and Han Fang from New England Law Boston, about why they chose law school, top concerns, personal goals, jobs, competition and next steps after graduation.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/back-to-school-spotlight-on-law-students/

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2013 Legal-Tech Surveys Say . . .

The end of summer marks the release of two legal-tech surveys that create the benchmark for solos and firms on legal technology practices and spending. The ILTA / InsideLegal Technology Survey and the ABA Legal Technology Survey Report define key trends and give lawyers a look at the current state of legal technology. On this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the highlights and conclusions of each survey and what they mean for today's and tomorrow’s legal technology trends. The second half of the show will cover personal branding and how it has turned into meaning much more than just active social media channels.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/09/2013-legal-tech-surveys-say

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Lincoln's religion

Abraham Lincoln, born in February, said:  "When I do good, I feel good; when I do bad, I feel bad. And that is my religion."  How simple and eloquent.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/-otkRtiwTII/

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Wednesday, September 25, 2013

Justice Department on Libor Investigations: 'We're Not Done'

The Justice Department announced criminal charges against three former brokers at London-based brokerage firm ICAP PL. Attorney General Eric Holder Jr. called the ongoing Libor investigation a "major priority" for the DOJ and other agencies.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202620889333&rss=newswire

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It's not rocket science

Some law firms are late to the starting gate.  Some firms continue to hang on to the "old ways" of running their practice.  There are only a few alternative paths: Hang on with the old and wait for the world to catch up, or change as the world changes, making the tough decisions on a current basis.
 
In recent days, there have been several articles about large law firms cutting equity partners and staff in order to bring their financial affairs into focus.  The reality is that they have found that the "eat what you kill" mentality works only so long before dissension and dissatisfaction sets in amongst the rank and file.  Becoming more collaborative, cross selling the expertise of the firm and its individual members can create greater firm revenue.  And paraphrasing former Pres. Kennedy, as the ocean rises, so do all the ships in the ocean.
 
In addition, the firms must identify their strengths and play to them.  There are very few organizations that can be "all things to all people."  With limited resources available, it is important to husband those resources and expend them in a focused manner for greatest benefit to the firm and its clients.  Knowing who you are and what you want to be is essential to one's success.
 
The catalyst to change is often money.  With a cushion from past successes, there is little motive to change.  When a cushion narrows or evaporates entirely, and when collections become an issue because clients with their own financial problems fail to pay your legal billings, motivation to review your operations and make appropriate changes rises to the surface.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/ng9Vr5Wocmw/

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Back to School Spotlight on Law Students

It’s about that time of year again where law students brush off the summer days and head back to school. In this very special "Back to School" edition of Lawyer2Lawyer, co-host and attorney, Craig Williams, chats with law students Daren Gottlieb from Western State College of Law in Fullerton, California and Han Fang from New England Law Boston, about why they chose law school, top concerns, personal goals, jobs, competition and next steps after graduation.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/back-to-school-spotlight-on-law-students/

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The BP Oil Spill Case and Large Volume E-Discovery

How do you efficiently handle large volume e-discovery in a high-profile case? Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc., and John W. Simek, Vice President of Sensei Enterprises, get expert advice from Joe Mulenex, the Regional Technical Director for Avansic, who assisted the discovery team for the Plaintiffs Steering Committee in the BP Oil Spill case. Joe discusses the biggest challenges of handling documents and the importance of project management. He also shares his biggest e-discovery take away from this case.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/05/the-bp-oil-spill-case-and-large-volume-e-discovery/

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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.]

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Source: http://www.lawmemo.com/blog/2012/05/doma_down_but_w.html

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Secure Your Legal Data in the Cloud

The use of cloud-based services and technology is top-of-mind for many law departments today, who wonder, "Is the cloud really secure enough to store my company’s confidential legal data?" In this edition of Tech Experts, information security expert, Joe McMorris, VP of Information Technology at Datacert, will explore this question and offer practical advice about the critical information security and compliance questions you should ask before entrusting a cloud-based legal software vendor with your data.

Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/07/secure-your-legal-data-in-the-cloud/

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A Really Strange Way To Sneak Into A Country

Disguise.jpg

Let's say you really want to emigrate to Canada. How far would you go? These folks took it to another level. You won't believe the disguises they used. To see for yourself, and read more, click here.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/uNzCJ-SrWgs/a_really_strange_way_to_sneak_1.html

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Decision Tree Tools for Litigators

Litigation is costly, unpredictable, and inefficient. This podcast discusses the application of decision tree analysis to help make sense of the uncertainties and challenges associated with litigated cases and claims.

Hear our subject matter experts discuss how to:

Maximize the efficiency of the dispute management process and the involvement of outside counsel
Better quantify, predict, and control litigation exposures and cost
More effectively communicate case risk and strategy to senior management

Source: http://legaltalknetwork.com/podcasts/tech-experts/2013/05/decision-tree-tools-for-litigators

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Tuesday, September 24, 2013

Bank of America Ordered to Pay $2.2 Million for Hiring Discrimination

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202620713746&rss=newswire

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Highlights from the 2013 Georgetown E-Discovery Training

On This edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq. and John W. Simek discuss the Georgetown E-Discovery Training Academy with Tom O’Connor. The training consists of a week-long curriculum for those interested in becoming fluent in e-discovery through small-group discussions and interactive-learning sessions.

O’Connor is a senior consultant for Gallivan, Gallivan & O'Melia, creators of the Digital WarRoom e-discovery software. He is co-author of the book E-Discovery for Small Cases: Managing Digital Evidence and ESI. The book was noted by PRWeb as the first book to “mainstream” e-discovery for all cases. He is a frequent author and speaker on legal technology and dedicates his work to making advances in the field.

If you couldn’t make it, here’s your chance to learn about the conference: who was there, what they learned, and the plans for next year.

Thanks to our sponsor, Digital WarRoom.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2013/07/highlights-from-the-2013-georgetown-e-discovery-training

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It Happened to NASDAQ - What If It Happened to You?

On Thursday, August 22, the NASDAQ, one of the largest financial exchanges in the world, failed.  It had no backup, and was down for more than three hours.  The financial impact had to be in the billions of dollars.  

Even as big as NASDAQ is, even though they have a pivotal role in the global economy, they failed to have a plan for disaster recovery.  How and why they recovered is still, at this writing, a mystery.  The fact that they did recover is remarkable.  Even more remarkable is the fact that it has happened to them before.  According to an article in The New York Times, the exchange has been shut down twice before when squirrels chewed through power lines, and as recently as 2011 hackers breached its computer system.

If it happened to NASDAQ, it can happen to your law firm.  As I’ve written many times before, “disaster” for a law firm is not a question of if, but rather of when. The only unknowns are what the type of disaster, when it will occur and how bad it will be.  NASDAQ was out of commission for three hours.  A burst water pipe, a fire, a natural disaster, a computer meltdown could put a law firm out of commission for three weeks, or three months.  

NASDAQ had no backup.  How about your firm? The issue isn’t just backing up data files, although that is important.  Do you have disaster recovery backups like these?

·         An internal emergency communication system for lawyers, staff, clients, vendors, and the   court, incorporating recorded hotline messages and out of area contact points.

·         A plan for temporary office space that will accommodate furnishings, computers and phones.

·         A referral arrangement with another firm that will allow you to carry on key practice matters by requesting a continuance or rescheduling a deposition.

·         A solid relationship with your banker so you can get an emergency loan.

·         An employee assistance fund to help tide staff over in the event there are no ready funds to pay them.

 If you don’t, start planning to put them in place now.  If disaster happened to NASDAQ, it can happen to you.

 

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/NeP7AOit2ik/

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Zimmerman: No Appeal From The Court of Public Opinion (Update)

George Zimmerman was acquitted on a Saturday night. Keyboards were pounded. Reporters reported. Pundits opined. And the jury in the court of public opinion rendered its verdict.

Almost no criminal lawyer, prosecution or defense, saw a second degree murder conviction coming. Education and experience condemns us to view evidence and law with detached logic, so there is no emotionalism, no reliance on "common sense," to fudge the proof.

While juries regularly reach verdicts that bear little relation to the facts, evidence and applicable law, mostly because it's a deeply flawed system, that didn't happen here. The best discussion of what happened that has been produced thus far comes from the Unwashed Advocate, Eric Mayer, who succinctly lays it out.

Acquittal was the right verdict in this case, no matter how much you feel Zimmerman acted out of prejudice, or how terrible it is that a young man was killed.

But the court of public opinion rendered its opinion on twitter following the verdict. For those who embrace the "wisdom of crowds," consider its holding:

1. Trayvon Martin's family should appeal the verdict, up to the Supreme Court if necessary.
2. On appeal, they can make George Zimmerman testify.
3. Then, George Zimmerman will be convicted because a young man is dead.

It's not that people intentionally determined that the Constitution should be ignored. It's that the crowds have no clue.  Maybe they slept through civics class. Maybe they don't remember. Maybe they don't care. But less than ten days after we celebrated the independence of this nation, the court of public opinion has decided they don't like them.

There will be no appeal because of the double jeopardy clause, which precludes it. Zimmerman did not have to testify, and will never have to testify in a criminal prosecution, because he has the right not to testify. And most sadly, the fact that a young man is dead does not compel the conclusion that someone be convicted of a crime.

So much for the adoration of crowdsourcing, or the desiderata that the public can be entrusted with the handling of the law.  In the court of public opinion, assumption runs rampant, as people get their own "feel" for right and wrong, and then become so entrenched in their own bias that they refuse to consider the hard details of evidence and proof.  People need no trial to tell them what happened. They hear a story and whatever gut reaction they have to it becomes their reality.

As it turns out, much of what was told about the death of Trayvon Martin is either false or mired in mystery. When left with the proposition that we will never know what "really" happened, the significance is that the prosecution then lacks evidence to prove its case.  But Trayvon is dead, so it's unfair since he can't tell his side of the story?  True, but that doesn't change the requirement that a defendant be proven guilty. The rule is not proof if its available, assumption if it's not. Except in the court of public opinion.

Is there nothing left to do? There is the possibility of a civil suit for wrongful death by Trayvon Martin's family, just as Nicole Brown Simpson's family sued O.J. The standard of proof is lower, "preponderance of the evidence" rather than "beyond a reasonable doubt," but the outcome will be money damages at worst, not conviction of a crime and imprisonment.

There is also the possibility of a prosecution in federal court for violating Trayvon Martin's civil right to live by shooting him, under the dreaded dual sovereignty that allows the feds a shot if the state fails to convict. That's what happened to LAPD Sgt. Stacey Koon in the Rodney King beating. 

Will either of these happen? Time will tell. The former seems far more likely than the latter, but Trayvon's family may be more legally sophisticated by this point, such that they realize the difficulty that exists with providing evidence to prove their claim.  It's not that they can't believe, but they can't prove.

As show trials go, this one has generated plenty of fodder for television heads to fill the empty minutes between commercials.  But it has also shown that the court of public opinion can't be trusted. Americans still don't understand their own system. They don't get that the rights they want for themselves have to be given to people they despise as well. They refuse to accept that someone they feel with absolute certainty is guilty can be properly acquitted.

Did George Zimmerman have hate in his heart? Who knows. I don't. Neither do you, no matter how strongly you believe you do. But he wasn't proven to have killed Trayvon Martin because of his ill will toward a young black man, and when that happens under our system, acquittal must follow. Yet the court of public opinion refused to accept the verdict, instead pushing its million member jury deeper into ignorance.

There is one truth that neither conviction nor acquittal can change:

 A young man named Trayvon died. He didn’t need to die. That is both tragic and sad.
And there is another truth that twitter cannot change. For all the vast information that has become available to us by virtue of the internet, there is no wisdom of the crowds.

Update: Already this morning, television news has broadcast the twits of New York City politicians and candidates following the verdict. They have the potential to enlighten, to calm, to inform. Instead, they are pandering and inflaming the passions and ignorance of the public, playing the confirmation bias card.

Whether they too lack a working grasp of our legal system, or know better and just don't care, is unclear. Either way, a million people could end the day stupider than it began. Is it worth a vote? Don't answer.


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Source: http://blog.simplejustice.us/2013/07/14/zimmerman-no-appeal-from-the-court-of-public-opinion.aspx?ref=rss

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