Thursday, October 31, 2013

High-Tech Company Hit With Fine In Visa Fraud Case

Infosys, the Indian high-tech outsourcing company, will pay around $35 million in a visa fraud case. Federal prosecutors say the company knowingly brought temporary Indian workers to the U.S. on visitor visas to avoid the cost of work visas. According to The New York Times, it's the largest-ever settlement in a U.S. visa case.

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Source: http://www.npr.org/2013/10/30/241782652/business-news?ft=1&f=1070

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It's Not Easy Being Weev (Update)

Appellants and amici briefs are now in at the Third Circuit on the appeal of Andrew Auernheimer's conviction for somehow violating the Computer Fraud and Abuse Act. I say "somehow" as the government was never pinned down on whether it was exceeding authorized access or unauthorized access. But they were clear that what he did was wrong, wrong enough to get him convicted and sentence to 41 months imprisonment.

Weev didn't help himself. Whether he wanted to be a martyr to the cause of geekdom or just unwilling to win except on his terms isn't clear. But his lawyer, Tor Eckland, couldn't control him, and had enough on his hands trying to defend Weev in what I believe to be his first trial*. While the prosecution was huge within the computer hacker community, it didn't garner the attention of Lori Drew's prosecution, lacking a dead child.  But make no mistake, Weev's prosecution raises issues of monumental significance for all computer users.

Orin Kerr, who joined the defense team on appeal, gives a summary of the case.

Here are the basic facts. When iPads were first released, iPad owners could sign up for Internet access using AT&T. When they signed up, they gave AT&T their e-mail addresses. AT&T decided to configure their webservers to “pre load” those e-mail addresses when it recognized the registered iPads that visited its website. When an iPad owner would visit the AT&T website, the browser would automatically visit a specific URL associated with its own ID number; when that URL was visited, the webserver would open a pop-up window that was preloaded with the e-mail address associated with that iPad.

The basic idea was to make it easier for users to log in to AT&T’s website: The user’s e-mail address would automatically appear in the pop-up window, so users only needed to enter in their passwords to access their account. But this practice effectively published the e-mail addresses on the web. You just needed to visit the right publicly-available URL to see a particular user’s e-mail address. Spitler realized this, and he wrote a script to visit AT&T’s website with the different URLs and thereby collect lots of different e-mail addresses of iPad owners. And they ended up collecting a lot of e-mail addresses — around 114,000 different addresses — that they then disclosed to a reporter. Importantly, however, only e-mail addresses were obtained. No names or passwords were obtained, and no accounts were actually accessed.

Or to put it a bit more succinctly, Weev and Spitler stumbled on pages that were publicly accessible, but AT&T figured no one would find because there was no way to access them other than to have its iPad or, as stumble on them. They then did what geeks do, and exploited their discovery to see how far they could go. Rather than hand it over nicely to AT&T so it could cover its tracks and deny its screw-up, they gave it to a reporter to publish. AT&T was pissed, and the government was happy to prosecute as payback for quick and easy disclosure of your cellular communications the heinous crime of publicly embarrassing AT&T for being a computer idiot.

The appellant's brief, after a disturbing opening to the main argument that repeats the conventional wisdom from 1986 analogizing computers to physical trespass, takes the view that this just isn't a crime. As the pages were public, it cannot be unlawful access. The brief reads more academic than advocate, but does an admirable job of making its points.

There are two amici briefs, one arguing that this is how everybody uses the internet, and the other arguing that this is how sophisticated internet security experts use the internet, both reaching the same conclusion that affirmance of Weev's conviction would criminalize normal and lawful practices.

As everybody else involved relies on analogies, it seems appropriate despite my view that it's critical to stop using real world analogies to explain digital world conduct, to do the same. The prosecution's argument is that just because someone leaves their door unlocked doesn't mean a person can walk in and take what he wants.  The defense argument is that when someone leaves their stuff in front of a picture window, passersby commit no crime by looking in and seeing what the person put on display.  Neither analogy strikes me as fully satisfying.

The question for the rest of us is where the line is drawn between lawful and unlawful conduct based on a law crafted at the birth of public computer use and before there was any world wide web to consider. The language of the CFAA fails miserably to provide an answer, and there is certainly no "originalist" view since there was no internet in existence. What we are left with is empty, meaningless language being shoehorned into technology that didn't exist. It might have seemed like a good idea back in 1986, but we're paying for it now.

Nonetheless, Congress can't be bothered to do its job of crafting a law that might apply, and the court is left with trying to decipher criminality from inapt words and their limited grasp of how the tubes work (or that of their kids, their law clerks, or maybe the kid down the street).

The prosecution has a huge glaring hole that needs answering: Is there any middle ground for a URL that can be accessed without hacking a password but is otherwise not intended to be found, accessed or used except by a discrete, chosen group of users?  The government wants the crime to depend on the subjective and transitory intent of the website owner, where "unauthorized" is defined as undesired. The defense wants a brightline test that says if it can be publicly accessed, then there can be no crime.

The government's position is not only untenable, but presents a threat to users that can't be tolerated. And indeed, it's so highly subjective, and selective, that it ignores that Google et al. violate it constantly with impunity. Do we want cookies and bots crawling all over us, capturing our personal info to feed back to people so they can sell us crap? I don't think so. But it prevailed below anyway.

The problem now is that the burdens shift on appeal, and it's the appellant's position that will be subject to scrutiny. Is there no limit to what we can access on the internet, as long as we don't hack the password? What if all the surrounding circumstances leave us with no doubt that the website owner doesn't want anybody coming in uninvited, so that no reasonable person can not be aware that he's entering a URL where he isn't welcome? Is that still okay?

Since the lines are drawn at polar extremes, and the arguments remain couched in poor analogies, and the judges will have a terrible time getting into the mindset of sophisticated computer users who think nothing of screwing around with user agents to see what they can find, and Weev felt compelled to handle himself in the typical, snarky, computer whizkid way that tends to just piss the crap out of everybody who isn't a snarky computer whizkid, this is going to be a tough fight.

But there remains one detail that I would have pounded hard, far harder than either the appellant or amici. Fair notice requires that the language of the CFAA, for smarter or stupider, state clearly what constitutes criminal conduct so that a person will know what not to do. By the Rule of Lenity, the failure of the law to adequately define a crime given the state of technology as it currently exists must resolve all ambiguities in favor of the defendant. 

While no one knows what Congress might do if it is forced to recraft the CFAA, and they could make it even worse, what seems clear now is that it is far too unclear to imprison anyone whose conduct falls within that middle ground of not hacking a password and breaking through a brick wall. Maybe they would criminalize what happened here, but until the law makes clear where the line is drawn, the government can't just make it up at will. And the Third Circuit should not be so activist as to give a 2013 meaning to a 1986 law that the government pulls out of its butt to nail Weev.

Weev's conviction must be reversed, despite his attitude and mouth, because the rest of us used the internet too and if Weev is a criminal, so too are we all.

* I hasten to add, lest anyone think otherwise, that I think Tor did an exceptional job with this case, even the more remarkable given the circumstances.

Update: Via Volokh, the amicus brief of the National Association of Criminal Defense Lawyers has just become available.  While I'm still going through it, my initial impression is that it's excellent, and fills in some of the gaps in the other briefs.  Notably, putting them all together, the argument on behalf of Weev is overwhelming.



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Source: http://blog.simplejustice.us/2013/07/09/its-not-easy-being-weev.aspx?ref=rss

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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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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.

Source: http://legaltalknetwork.com/podcasts/robert-half-legal-report/2012/08/future-law-office-top-technology-trends-reshaping-the-legal-field/

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Key changes to Patent Law

Back on September 16, 2011, President Obama signed the America Invents Act (AIA) into law, vastly changing the core of the patent system and patent law. Now, a year later, some of the key provisions are going into effect. Lawyer2Lawyer host Bob Ambrogi talks with Attorney Matthew I. Kreeger, the Co-Chair of Morrison Foerster’s Patent Interferences Practice Group and Dennis Crouch, Associate Professor of Law at the University of Missouri School of Law and editor of Patently-O, about the implementation of some of the most important provisions of the America Invents Act and their impact.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/key-changes-to-patent-law/

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How You Could Be Sued for Sending a Text Message

The New Jersey State Appeals Court recently ruled that texting someone while that person is driving may cause the sender to be liable if an accident occurs. Supporting arguments say those texting drivers are “virtually present” at the accident. This potential liability affects the distribution of responsibility amongst drivers when a collision occurs. On this edition of Lawyer2Lawyer, your hosts Bob Ambrogi and J. Craig Williams invite Attorneys Ted Frank and Marc Saperstein to the discuss the case ruling, whether this advisory ruling will effectively prevent distracted driving, if it’s a fair allocation of responsibility, and more.

• New Jersey Attorney Marc Saperstein is a founding member of Davis, Saperstein, and Solomon and a part of the New Jersey Association for Justice. He regularly lectures to fellow lawyers on current case law, class actions, and injury law. Saperstein has a special interest in distracted driving education and prevention.

• Manhattan Institute Attorney Ted Frank is the founder and president of Center for Class Action Fairness. He has written law reviews for The Washington Post, The Washington Journal, and The American Spectator. Frank is also on the executive committee of the Federalist Society Litigation Practice Group.

Thanks to our sponsor, Clio.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2013/09/how-you-could-be-sued-for-sending-a-text-message

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Keeping up with the cloud: software, social media, and more.

What started as a way to backup our hard drives is moving to how we access, what feels like, everything on our computers. On this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell will discuss the new trend of software by subscription. Instead of paying for an updated version of a new software product, companies are offering a monthly subscription which will immediately grant users access to the newest version via the cloud. Adobe and Microsoft are just two of the recent examples of vendors switching to this model. With so many lawyers and law firms using old versions of standard software, how will they react to this new system?

The second portion of the show will cover the new service Google Takeout, which provides an easy way to extract your data from online-Google apps like Google Reader, Google Circles, and more. Whether you know it or not, seems like everything is stored online nowadays. Tune in to The Kennedy Mighell Report to keep up with Internet technology and the cloud.

Special thanks to our sponsor, Transporter.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/06/keeping-up-with-the-cloud-software-social-media-and-more

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BP Oil Spill Settlement Update

The BP oil spill created an environmental and economic disaster affecting the entire Gulf Coast region. On March 2, 2012, BP agreed to settle the class action of certain oil spill related claims with the plaintiff steering committee, representing the interests of individuals and businesses throughout the region. Ringler Radio host Larry Cohen talks with colleague, Robert P. Caples and guest, Attorney Rhon E. Jones from the Beasley Allen law firm, about the various aspects of the settlement, including the important major changes in how claims will now be administered.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/06/bp-oil-spill-settlement-update/

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Wednesday, October 30, 2013

Lawyers Swarm to Ghost Blogging, But is it Ethical?

The days of just having a website are over. With the increase in social media profiles and supplementary links lawyers need to rank well in search engines, it’s no surprise they are farming out their blogging, and whatever else they can, to keep up. There are many services out there which will provide blog posts, but does this fit within the Model Rules of Professional Conduct? According to lawyer and blogger Kevin O’Keefe, ghost blogging defeats the purpose of blogging and, with no disclosure, is unethical.

Kevin O’Keefe is the founder and CEO of Lexblog, a leading provider of social media and blogging to law firms. After working as an attorney for 17 years, successfully marketing his firm online, he redirected his energies to educating lawyers about the use of social media and blogging. He also writes Real Lawyers Have Blogs.

On this edition of The Digital Edge, hosts Sharon D. Nelson, Esq. and Jim Calloway are joined by O'Keefe to discuss the purpose of blogging and the ethical dilemmas of ghost blogging.

Source: http://legaltalknetwork.com/podcasts/digital-edge/2013/08/lawyers-swarm-to-ghost-blogging-but-is-it-ethical

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How People Search for Lawyers: The Consumer Law Revolution

On this edition of The Digital Edge, co-hosts Sharon D. Nelson, Esq. and Jim Calloway chat with Stephanie Kimbro about her new book, The Consumer Law Revolution: The Lawyer’s Guide to the Online Legal Marketplace. The book focuses on how to join a branded-legal network to acquire leads and create an online marketing strategy. She stresses the importance of small and solo firms benefiting from having a large-branded network behind them to market their presence.

Kimbro is a practicing attorney at Burton LLC and a member of the North Carolina State Bar. Burton LLC is a virtual law firm that delivers legal services in North Carolina, D.C., and Ohio. In addition to her practice, she writes a blog, www.virtuallawfirm.com, covering the ethics and technology issues of delivering legal services online.

Tune in to learn more about branded networks for lawyers, why you want to join one, how to choose the right one for your practice, and more.

Source: http://legaltalknetwork.com/podcasts/digital-edge/2013/06/how-people-search-for-lawyers-the-consumer-law-revolution

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The iPad Practice

Do you use an iPad in your legal practice? On The Un-Billable Hour, host Attorney Rodney Dowell, chats with Tom Mighell, the author of three books about the use of iPads, iPad in One Hour For Lawyers, iPad Apps in One Hour For Lawyers, and soon to be released, iPad in One Hour for Litigators, about the explosive growth of the use of iPads in the legal profession, and Tom’s favorite productivity and entertainment apps for the legal iPad.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/08/the-ipad-practice/

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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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The LinkedIn Lawyer

Are you on LinkedIn? Un-Billable Hour host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program chats with Dennis Kennedy, lawyer and co-host of The Kennedy-Mighell Report and Allison Shields, author of Legal Ease Blog, about their recently published book, LinkedIn in One Hour for Lawyers. Dennis and Allison talk about how attorneys are using LinkedIn, and the key features that make LinkedIn a valuable networking and client development tool without consuming all of an attorney’s time.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/06/the-linkedin-lawyer/

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Tenth Circuit Finds that Jury Must Determine Whether “Notes Are Securities” in a Securities Fraud Action

In United States v. McKye, No. 12-6108, 2013 U.S. App. LEXIS 17297 (10th Cir. Aug. 20, 2013), the United States Court of Appeals for the Tenth Circuit reversed the conviction of Brian William McKye for securities fraud in violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b).  The Tenth Circuit held that in a criminal action for securities fraud, the jury must be permitted to determine whether a “security” actually exists.  The Tenth Circuit held that the United States District Court for the Western District of Oklahoma erred in not leaving this issue for the jury to decide and instead giving the jury an instruction that “notes” are “securities.”

The United States charged McKye with eight counts of securities fraud, in violation of 15 U.S.C. §78j(b), and one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h).  Heritage Estate Services, LLC (“Heritage”), an entity owned or operated by McKye, prepared revocable trusts for its clients.  Clients of Heritage who were unable to afford its trust preparation services were given an option to finance the costs and sign a promissory note agreeing to pay the balance due over a thirty-six-month period (the “trust loan”).  Heritage also marketed certain investment notes titled “Premium 60 Accounts.”  These notes guaranteed an annual return of between 6.5% and 19.275% for five years.  Investors were told their investment notes were “backed by real estate and secured by liens that would be perfected by Global West.”  Witnesses testified that some of the money received from the investment notes were used to pay investors, and Heritage and McKye’s personal and business expenses.

At trial, McKye requested the district court to instruct the jury that they must decide whether the investment notes at issue constituted “securities” under the applicable statutes.  The district court rejected McKye’s request.  It reasoned that “a note [is] considered a security, unless there are certain features to it.”  The district court found that the notes at issue met the definition of “securities” and no evidence was presented to conclude otherwise.  The jury convicted McKye on conspiracy and seven of the eight securities fraud counts.  McKye appealed.

The Tenth Circuit reversed McKye’s conviction, holding that the trial court erred in rejecting McKye’s jury instruction request.  The Tenth Circuit reasoned that under Reves v. Ernst & Young, 494 U.S. 56, 63 (1990), not all “notes” are “securities” and certain factors — e.g., motivation, distribution, expectation and risk — determine whether a “note” is a “security.”  Thus, “the question of whether a note is a security has both factual and legal components” and is not necessarily automatically outside the province of the jury.  However, the presence of a mixed question of law and fact is not sufficient to require a jury instruction.  In relying on United States v. Gaudin, 515 U.S 506, 511-13 (1995), the Tenth Circuit noted that “mixed questions of fact and law must only be submitted to the jury if they implicate an element of the offense.”  An element of securities fraud is the existence of a “security.”  Therefore, since not all notes are securities and the existence of a security is an element of a securities fraud case, the jury should have been instructed to determine whether the investment notes at issue actually constituted “securities.”

The Tenth Circuit disagreed with the government’s argument that the failure to give McKye’s requested jury instruction was harmless error.  McKye presented testimony at trial that there was insurance that ameliorated the risk to investors, which is one of the factors for determining whether a “note” is a “security,” and that the Premium 60 Accounts were partially secured by the trust loans.  This evidence demonstrated that the issue of whether the investment notes constituted “securities” for the purposes of securities fraud was, in fact, contested.

The Tenth Circuit thus makes clear that in an action for securities fraud a jury, and not the court, must determine whether the “notes” at issue constitute “securities.”  The Tenth Circuit reasons that not all “notes” are “securities,” and the presence of a “security” is a necessary element of securities fraud.  It is the responsibility of the party alleging securities fraud to establish all of the elements of securities fraud, including the existence of a security.  Consequently, the court may no longer direct a jury in such cases that the existence of a “note” is per se the existence of a “security.”

For further information, please contact David Geneson at (202) 218-0030, John Stigi at (310) 228-3717 or Mercedes Cook at (213) 617-4190.

Source: http://www.corporatesecuritieslawblog.com/2013/10/tenth-circuit-finds-that-jury-must-determine-whether-notes-are-securities-in-a-securities-fraud-action/

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Chat with Two National Leaders of the Workers' Comp Bar

On the May edition of Workers’ Comp Matters Host and Attorney Alan Pierce talks with two highly-respected guests in the field of workers’ compensation attorneys. The first half of the show he will speak with President of the Workers’ Injury Law and Advocacy Group (WILG) Cathy Stanton regarding proposed Federal legislation reforming the law regarding the Medicare Set-aside requirements as well as the recently enacted SMART Act.

Cathy Stanton is an attorney with experience in dealing with all types of workers’ compensation claims, including those related to occupational diseases. In addition to being the president of WILG, she is also a member of the New York State Trial Lawyers Association and other organizations. Stanton has been named Super Lawyer for 2012 in the specialty of Workers’ Compensation by Super Lawyers magazine, this is her 6th time receiving the award.

The second half of the show Pierce will chat with Deborah Kohl, past president of WILG, and current president of The College of Workers’ Compensation Lawyers about the college and it’s efforts.

Deborah Kohl has been an attorney working in the area of workers’ compensation and disability law for more than 30 years. Kohl has been listed in the national publication Best Lawyers in America and is a frequent author and speaker on workers’ compensation law.

Source: http://legaltalknetwork.com/podcasts/workers-comp-matters/2013/05/chat-with-two-national-leaders-of-the-workers-comp-bar

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Paralegal Career 101: Dealing with Work-Related Stress

On this September edition of The Paralegal Voice, co-hosts Lynne DeVenny and Vicki Voisin explore the different kinds of work-related stressors many paralegals face on a day-to-day basis. They talk about the realities associated with an exciting but deadline-driven, detail-oriented paralegal job, and offer tips for both anticipating and resolving common stressors.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/09/paralegal-career-101-dealing-with-work-related-stress/

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Tuesday, October 29, 2013

Maximize Your Technology Investment

All too often, law departments underestimate the powerful impact that training can have on a software implementation project. In fact, as a key driver of user adoption, training can be the difference between a project’s ultimate success or failure. In this edition of Tech Experts, join Kevin Gaudet, Director of Instruction and Training Development at Datacert, as he guides you through best practices for planning and executing an effective training and knowledge transfer strategy that will drive user adoption of your new system and help maximize your return-on-investment.

Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/08/maximize-your-technology-investment/

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Execute a Long-Term Technology Strategy

For today’s corporate law departments faced with the challenge of doing more with less, a legal matter and spend management system is almost an imperative. In this edition of Tech Experts, Mandy Purington, a Managing Director in Datacert’s professional services group, shares best practices and practical tips for keeping your department’s legal matter and spend management system implementation project on-time and on-budget, while also ensuring that it supports your department’s long-term technology strategy.

Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/09/execute-a-long-term-technology-strategy/

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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.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/05/taking-advantage-of-apps-and-plug-ins

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Litigation Funding Veteran has a New Venture: Advising Others

Litigation financier Timothy Scrantom is back--but instead of investing in lawsuits, this time he’s launching a new firm to advise others on the practice.

Source: http://blogs.wsj.com/law/2013/10/25/litigation-funding-veteran-has-a-new-venture-advising-others/?mod=WSJBlog

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Gone Clio with Attorney Michael J. P. Schewe

On this edition of Gone Clio, Clio co-founder Jack Newton talks with special guest, Attorney Michael J. P. Schewe of Schewe Law LLC. Michael talks about his passion for employment-related issues, the pros and cons of starting your own law firm, and how Clio makes him confident when a malpractice issue comes up.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/08/gone-clio-with-attorney-michael-j-p-schewe/

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The AAPD in 2013 and the Fight for People with Disabilities

The American Association of People with Disabilities (AAPD), is the nation's largest disability rights organization, helping many individuals since its inception. In this podcast, Ringler Radio host Larry Cohen joins co-host, Randy Dyer, and special guest, Mark Perriello, the President and CEO of the AAPD, to talk about AAPD’s mission for 2013, all the great things the organization is involved in and the continued fight for people with disabilities.
The American Association of People with Disabilities 2013 Leadership Awards Gala will be held on Tuesday, March 5, 2013. The AAPD is the nation’s largest "Cross Disability" organization and has raised over $1.7 Million for the 2013 Gala-an all-time record! In addition, over 25 members of Congress plan to attend.

Source: http://ringlerradio.com/podcasts/ringler-radio/2013/03/the-aapd-in-2013-and-the-fight-for-people-with-disabilities/

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The Lost Art of the Online Discussion

For many years, we used email and listservs for private and public discussions. Today, the last thing we want to do is add a high-volume email list to our overloaded email inboxes. Yet, we still have the need for discussions of all kinds. What are good ways to have discussions using technology today? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss today’s options for discussions, how to select the right forum for discussions, and whether we can improve the quality of the discussions we have with others.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/the-lost-art-of-the-online-discussion/

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The iPad Practice

Do you use an iPad in your legal practice? On The Un-Billable Hour, host Attorney Rodney Dowell, chats with Tom Mighell, the author of three books about the use of iPads, iPad in One Hour For Lawyers, iPad Apps in One Hour For Lawyers, and soon to be released, iPad in One Hour for Litigators, about the explosive growth of the use of iPads in the legal profession, and Tom’s favorite productivity and entertainment apps for the legal iPad.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/08/the-ipad-practice/

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Monday, October 28, 2013

Defending Big Data

On this October edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, chats with Mark Melodia, partner at Reed Smith and Antony Kim, a partner at Orrick, to discuss the Law Technology News October cover story, Defending Big Data.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/10/defending-big-data/

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NSSTA’s Leadership

Whether you are a member or just someone interested in structures, National Structured Settlement Trade Association (NSSTA) is the voice of the industry. Ringler Radio host, Larry Cohen joins colleagues, Randy Dyer, the current President of NSSTA and John Machir, President‑elect of NSSTA, to talk about the bigger issues that are facing the structured settlement industry today and some of the leading items on their agenda for 2012.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/09/nsstas-leadership/

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BP Takes Aim at Spill Settlement

A federal appeals court this month agreed with BP PLC that there were serious problems with the processing of claims on its $9.6 billion Deepwater Horizon settlement, especially because some Gulf Coast businesses apparently were being compensated for economic losses from the oil spill that they never actually suffered.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202625200121&rss=rss_nlj

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Paralegal Hiring Trends

On this episode of The Paralegal Voice Charles Volkert, executive director of Robert Half Legal, joins host Vicki Voisin to discuss the future of the paralegal profession, how it’s changing, and specific steps you can take to land your dream job.

Charles Volkert is executive director for Robert Half Legal and co-managing director of Robert Half Legal eDiscovery Services. Robert Half Legal is the premier provider of highly skilled legal professionals for law firms and corporate legal departments; it also offers legal project management and managed review services. Volkert is a noted author, speaker, and former litigator.

Volkert provides valuable advice on how to get noticed in the field, including the importance of a proactive mindset and the need to be flexible.

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

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/05/paralegal-hiring-trends

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What’s next for the Federal Rules of Civil Procedure Amendments

On this edition of The ESI Report, Kroll Ontrack’s Attorney and Director of Thought Leadership Michele Lange discusses the proposed amendments of the Federal Rules of Civil Procedure (FRCP) and what effects they will have on e-discovery with Thomas Allman.

Allman works as an attorney and a consultant, as well as an adjunct professor for the University of Cincinnati College of Law. He writes and speaks frequently on the interrelationship of corporate compliance policy and the effective management of electronically stored information. He has been involved in the FRCP Amendments since the last round of changes in 2006.

Lange and Allman will cover the basic rule changes, when they will be brought to public forum for comment, and how you can get involved. You can access an explanation of the amendments on Kroll Ontrack’s The E-Discovery Blog.

Source: http://legaltalknetwork.com/podcasts/esi-report/2013/07/whats-next-for-the-federal-rules-of-civil-procedure-amendments

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LawBiz® Legal Pad On the Road!: Think Before Jumping Ship

This week Ed launches his On the Road! series from his newly refurbished vintage Airstream. In this first segment, Ed will discuss considerations you must make if you plan on leaving your firm, whether willingly or not.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/lwTdxgwh0X8/

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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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Maximize Your Technology Investment

All too often, law departments underestimate the powerful impact that training can have on a software implementation project. In fact, as a key driver of user adoption, training can be the difference between a project’s ultimate success or failure. In this edition of Tech Experts, join Kevin Gaudet, Director of Instruction and Training Development at Datacert, as he guides you through best practices for planning and executing an effective training and knowledge transfer strategy that will drive user adoption of your new system and help maximize your return-on-investment.

Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/08/maximize-your-technology-investment/

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Sunday, October 27, 2013

Dubious in the First Degree

While many folks from the heartland despise the New York Times for its purported coddling of criminals, its contents don't always bear out this sensibility. It's done it again by publishing Lawrence Downes' homage to ignorance in its editorial notebook.

Payback is a bitch, and to the extent Downes' screed offers anything, it's the insight to what motivates this tyranny of the majority against the 600 Long Island Railroad retirees on disability who had the misfortune of following the LIRR's advice and going to Dr. Peter Ajemian. Long Islanders hate the LIRR. They hate the price of tickets. They hate having to stand on their daily commute despite the absurdly expensive cost of the ride. They hate the uncaring conductors enforcing rules that presume their passengers to be criminals seeking to get free rides. The LIRR has done much to cause this hatred, and only a fool would deny it's well deserved.

This is payback time. Finally, the media and the government have given us an easy target of this hatred, this simmering anger, and the rest of us, the commuters, the business people who paid the hated Commuter Tax, have an excuse to unleash our venom.

For a working schlub who commutes from the suburbs, the Long Island Rail Road disability scandal of 2008 was powerful evidence that the game of life is rigged.

Hundreds of railroad employees — engineers to white-collar managers — would retire in fine health as early as 50, then become instantly and lucratively disabled. If they took their phantom neck and back pain to the right doctor and to an obscure federal railroad board that almost never said no to a disability claim, the checks would start to flow. The daily grind turned into daily golf.

Hundreds?  Name them, Downes. After years of investigation, the government has prosecuted a grand total of 33 defendants, of which 25 have pleaded guilty. Does this amount to hundreds on disability playing "daily golf" using the New York Times version of math?

The scheme cost taxpayers more than a quarter of a billion federal dollars from 2000 to 2008. It also gouged the L.I.R.R., which had to pay for all those early retirees’ pensions and for overtime and training new employees. What was most shocking about this gravy train was how many L.I.R.R. employees were on it. Every year from 2000 to 2008, between 93 percent and 97 percent of employees over 50 who retired with 20 years of service got disability payments. Experts had to wonder what other workplace, besides the gulag, crippled so many of its workers.

Experts knew exactly what happened, even if pundits were confounded. Older employees cost the LIRR a lot of money. They were paid at a much higher rate than new employees, and to reduce costs, the LIRR sought to persuade older workers to move on so they could be replaced with far less expensive employees. Nothing hard to grasp here, Downes. It's just money.

So the LIRR held seminars for the older workers about how they could retire on disability, and steered workers to facilitators who would help them navigate their way through the Railroad Retirement Board's disability system. These workers were sent to physicians who knew what was needed and could help them obtain a disability annuity.

Of course (and nobody seems to get this part of it), the RRB would have these retirees examined by their own physicians, who would review not only the narrative reports of docs like Ajemian, but the treatment notes, x-rays and MRI's as well.  Suggesting that one doc like Ajemian could single-handedly defraud the federal the government is absurd, unless you eliminate the nasty facts and ignore the parts that don't conform to the narrative of payback.

It's not that this doesn't give rise to issues. A railroad disability isn't like a disability that applies to desk jockeys. It's an occupation disability, where it's given because of the inability to do railroad work, meaning those guys who fix the broken switches in the middle of the night in a snowstorm so you can hate them during your morning commute.

Do you really want the guy popping Vicodin because of his herniated disks responsible for the lives of a thousand people?  The potential for harm is so great that railroad workers have been singled out for random drug testing, approved by the Supreme Court in 1989 in Skinner v. Railway Labor Executives’ Assn even thought suspicionless testing would be unconstitutional if applied to, say, New York Times pundits. 

Even putting aside these and myriad other "details" wholly ignored by the media, there remains a flagrant flaw:

The Railroad Retirement Board has only now decided to cut off payments to about 600 of the dubiously disabled, months after the doctor who signed off on their diagnoses, Peter Ajemian, pleaded guilty to fraud in federal court.

Meet the new criteria for terminating rights by the federal government, dubiousness. Forget "beyond a reasonable doubt," "preponderance of the evidence" or "probable cause." Heck, not even reasonable suspicion. Dubiousness. And why does the New York Times endorse the new standard of "dubiousness" for deprivation?

Disenchanted riders are counting on the feds and the L.I.R.R. to get the money back, and send the belated message that the schemers will be punished.

It's not about proof of wrongdoing. There is no proof of wrongdoing. The only "proof" is that guys with missing limbs and multiple surgeries went to Peter Ajemian (plus the unmentioned RRB doctors, but let's not muddle up anger with facts).  As long as people are angry, we don't need no stinkin' evidence.

Lest someone get the misimpression that it's just the Times feeding into the anger and ignorance that pervades the media attention, Newsday offered an editorial as well:

Now the LIRR wants to revoke their pensions as well. Workers who are truly disabled can reapply for disability benefits -- a hassle, probably, but a crucial step to whittle out those who committed fraud.

Because it would be far too hard to expect the government of the United States of America to figure out first whether someone did wrong before convicting them of dubiousness in the first degree and denying them due process?  The difference here is that expectations of thoughtfulness by Newsday are inherently lower than that of the Times. Tell the families who use the disability annuity for food that they just need to suffer the hassle of the next year without it to make the government's job easier.

As far as I can tell, I may be the only voice speaking out for the LIRR disabled, which is itself curious given that I commuted for 25 years on the railroad and hate the LIRR as much as the next guy. But my hatred of the railroad doesn't obscure the facts, my rage doesn't make me desire payback from innocent targets.

For those of you who rail about constitutional violations when it comes to the police, what's being done here isn't materially different. These 600 have been painted with the Ajemian brush, though none have been found guilty of any fraud nor afforded a fair opportunity to challenge the taint imputed to them for committing the crime of dubiousness. 

But then, you aren't getting a disability annuity, so why should you care if the government wrongfully beats the crap out of some other guys, as long as you get to go about your life unimpeded. And besides, everybody hates the LIRR, so it's just too hard to muster any sympathy.  Too hard for Newsday. Too hard for Downes. Too hard for the New York Times. Thinking is too damn hard. Let's just burn them all at the stake and call it a day.







© 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/2013/07/08/dubious-in-the-first-degree.aspx?ref=rss

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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.

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Source: http://www.lawmemo.com/blog/2012/10/supreme_court_w_11.html

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An Empirical Study of Predispute Mandatory Arbitration Clauses in Social Media Terms of Service Agreements

Michael Rustad, Thomas F. Lambert Jr. Professor of Law & Co-Director Intellectual Property Law Concentration at Suffolk Law, discusses his study on the use of mandatory arbitration clauses in social media. Read the article at: http://bit.ly/Kn6kKc.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/06/an-empirical-study-of-predispute-mandatory-arbitration-clauses-in-social-media-terms-of-service-agreements/

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Revisiting Voter ID Laws

Since our program spotlighting Voter ID Laws and Voter Purges across the country, there have been big developments in Arizona, Tennessee and key battleground state, Ohio. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams chat with Daniel Tokaji, Professor of Law at The Ohio State University’s Moritz College of Law and Lawrence Norden, Deputy Director of the Brennan Center's Democracy Program, about this how the upcoming election might be impacted.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/revisiting-voter-id-laws/

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Parents Fight To Reopen Case After Questioning Son's Death

Georgia teen Kendrick Johnson was found dead in a wrestling mat at school earlier this year. Authorities ruled it an accident but his parents and neighbors think there was foul play. For more, host Michel Martin speaks with reporter Fred Rosen.

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Source: http://www.npr.org/templates/story/story.php?storyId=240749018&ft=1&f=1070

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The Legal Trade Show Survival Guide

Learn how to make the most of your next legal trade show experience when The Legal ToolKit host and Senior Law Practice Advisor with Mass. LOMAP, Jared Correia, chats with Andrea Cannavina, the Founder and CEO of LegalTypist, Inc. Andrea and Jared explain how to decide which events to attend, how to network, the benefits of getting involved in conference planning, and much more.

Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/07/the-legal-trade-show-survival-guide/

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Communicating with Clients

On The Paralegal Voice host Vicki Voisin welcomes guest Beverly Michaelis, president of Oregon Law Practice Management, to talk about the changes in lawyer-client communication since the Internet, and how lawyers can best communicate with their clients. Michaelis is a member of the Oregon Trial Lawyers Association, Oregon State Bar, and American Bar Association. She also has more than experience in the legal field as a lawyer and legal assistant.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/03/communicating-with-clients/

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Four Attorneys Accused in BP Payout Probe Are Fighting Back

Four attorneys targeted for potential fraud in the dispersal of BP PLC?s $9.6 billion Deepwater Horizon oil spill settlement are fighting back, filing lawsuits, challenging court orders and alleging a conflict of interest.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202625173782&rss=newswire

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Saturday, October 26, 2013

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.

Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2013/06/virtual-staffing-implementation-and-management

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Accelerate Your Use of Metrics

Corporate law departments want to improve their use of data and reporting to make smarter, more strategic business decisions - the question is, "how?" In this edition of Tech Experts, join Rashad Porter, Director of Business Intelligence Strategy & Solutions at Datacert, for a discussion of the Legal Business Intelligence Maturity Model. Rashad uses this tool to help you realistically evaluate where your department’s reporting stands now and outline actionable steps you can take towards becoming more strategic in your use of metrics to manage.

Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/08/accelerate-your-use-of-metrics/

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The Home Office: Setting it Up, Making it Work, and Managing Work/Life Demands

Office space is becoming less common as lawyers and entrepreneurs experiment with communal work spaces and home offices. “It comes down to time, money, and family,” Kelli Proia, aka the Stay@Home Attorney, said. When she began her practice, she was working part time and raising a family, and renting office space wasn’t practical. Now that she has mastered the ways of a stay at home attorney, she works from home full time.

Proia spent her first eight years out of law school working as in-house intellectual property counsel at high-tech companies. When her daughter was born, she left the office ready to be a full-time mom. Missing her career, while enjoying every moment with her newborn, she set out to launch a part-time practice in 2009 from home. Now, she is working from home full time helping high-tech companies understand their intellectual property assets through IP management programs and eating dinner with her family almost every night.

Legal Toolkit host Heidi Alexander chats with Proia on how to set up a home office, tips on how to be productive, and how to take full advantage of the benefits of working from home.

Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2013/09/the-home-office-setting-it-up-making-it-work-and-managing-work-life-demands

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Claims College for Litigation Managers

The Claims and Litigation Management Alliance (CLM) is a national organization with over 20,000 members in the claims and litigation management profession. In 2013, CLM will launch the first national resource for continuing education called Claims College. On this Ringler Radio podcast, host Larry Cohen hears from guest, Adam Potter, Executive Director for CLM about Claims College, the faculty of senior level industry leaders and curriculum for Claims Management, Professional Lines and Workers' Compensation.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/12/claims-college-for-litigation-managers/

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LawBiz® Legal Pad: Check Clearing Policies

Your bank will not always let you withdraw your money! Ed talks about bank check clearing policies that could affect your law firm.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/L3wfNmKWtLM/

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Inside Ringler Medicare Solutions

Medicare and Medicaid compliance when it comes to legal settlement claims can be complicated. This is an area especially critical to claimants, attorneys and insurers and expertise is needed. In this podcast, Ringler Radio host Larry Cohen joins Tom Blackwell, Vice President and Program Director of Ringler Medicare Solutions, Inc. (RMS), as they take a look at RMS’ long-term development plan, how RMS can help with the administration of workers’ compensation claims, liability claims and in claim settlement strategies and the impact of the Strengthening Medicare and Repaying Taxpayers Act (SMART) on the structured settlement industry.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2013/02/inside-ringler-medicare-solutions/

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Android Devices for Lawyers

We are happy to announce that The Digital Edge is now a part of Legal Talk Network. Since 2007, Digital Detectives co-host Sharon D. Nelson, Esq. has been co-presenting another podcast, The Digital Edge: Lawyers and Technology, with Jim Calloway. Calloway is the director of the Oklahoma Bar Association’s Management Assistance Program. He frequently writes and speaks on legal technology issues, Internet research, law office management, and ethics for lawyers. The Digital Edge invites noted legal technologists, authors, and lecturers to discuss topics related to lawyers and technology.

This episode of The Digital Edge features guest Jeff Taylor, also known as “The Droid Lawyer,” to discuss how lawyers can efficiently use Android phones, tablets and computers in their practice.

Jeffrey Taylor is an Oklahoma City Attorney. He has been writing the popular blog “The Droid Lawyer” since 2011, educating lawyers on how to get the most out of their Android devices. His first Android device was the original Motorola Droid, which he discovered was a useful tool for his profession. His practice focuses on personal injury, small business litigation and immigration.
Learn more about Android’s newest operating system, Jelly Bean, the top Android apps for lawyers, how to prevent security and malware issues with Android devices, and much more.

Source: http://legaltalknetwork.com/podcasts/digital-edge-podcasts/2013/05/android-devices-for-lawyers

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Essential iPad Apps for Lawyers

Everywhere we go, we see lawyers using iPads. But what are they using them for? There are thousands of Apps available for the iPad - so many that it's hard to know where to begin. Fortunately, Tom Mighell has written a new book called, iPad Apps in One Hour for Lawyers. In this episode, Dennis Kennedy and Tom Mighell discuss the importance of iPad apps for effective use of iPads, Tom's book, and their favorite iPad Apps for lawyers and others.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/06/essential-ipad-apps-for-lawyers/

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Friday, October 25, 2013

THE CAREERIST: Reports From the War of the Sexes

It's time for another edition of news you shouldn't miss. This week, we're covering my favorite topic: the sexes .

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202625154378&rss=rss_nlj

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The Best Paralegal Law Technology Trends

Paralegals need to know the latest trends in law practice and productivity technology to contribute to a successful law practice. For the hottest tech trends, Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin turn to Jared D. Correia, Esq., the Senior Practice Advisor for Massachusetts’ Law Office Management Assistance Program (MASSLOMAP). Jared shares his thoughts on everything from law practice management software, to cloud-based solutions and document management, to remote access and the benefits of social media. A big fan of legal support staffers, he explains why they are a key part of the legal team. This podcast is a must-listen for both paralegals and attorneys!

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/05/the-best-paralegal-law-technology-trends/

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Law Departments Taking Matters Into Their Own Hands

In-house attorneys are turning away from outside counsel and becoming increasingly self-reliant when it comes to serving their corporations, according to this year's "Altman Weil Chief Legal Officer Survey."

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202625024934&rss=newswire

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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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After You Read This, You Won’t Be Complaining About The Person Sitting Next To You For A While

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Every trip is better when the seat next to you is open, whether you’re on a plane, a bus, or, as in this case, a train. Why was this gent a bad draw as a seatmate? Well, as reported atbrevardtimes.com:

 A 33-year-old Florida man was charged Tuesday with lewd or lascivious exhibition for masturbating in plain view on a passenger train. The defendant, Daniel Michael of Marathon, FL, is accused of exposing himself in front of a young child during the incident.

Yikes.

The Volusia County Sheriff’s Office was dispatched to the Amtrak station just west of DeLand Tuesday morning after the conductor reported the alleged incident to Amtrak authorities. An Amtrak agent called the Sheriff’s Office, saying the train was due in the station in just a few minutes.

When deputies got to the station at 9:16 a.m., the train had arrived and they talked to a passenger in the coach section who alleged that while he was trying to sleep, Michael was masturbating in the seat next to him. The witness said Michael then got up while still exposed and walked down the aisle to the bathroom to finish the act, passing by a small child along the way who appeared to be around 3-years-old.

Think Mr. Michael had an explanation for this? Yup.

According to deputies, Michael’s explanation was that his covers were moving back and forth because his stomach was itchy.  Deputies say that he later acknowledged to them that he might have accidentally ejaculated on the bathroom floor.

An accidental erection followed by accidental ejaculation? Really?

Michael was arrested for lewd or lascivious exhibition in the presence of a victim under the age of 16 and transported to the Volusia County Branch Jail in Daytona Beach.

You’ll find the source, including a mug shot, here.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/S2bP2BQRwcQ/s.html

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Best Billable Hour Practices for Paralegals

Are you looking for answers when it comes to billable hour practices? Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin join Jennifer Karns, Legal Professional Training Manager for Snell & Wilmer L.L.P., as they discuss billable hour practices. Jennifer emphasizes the importance of meeting billable hour goals and adding value to time entries. She also shares essential tips for improving your billing descriptions and capabilities.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/07/best-billable-hour-practices-for-paralegals/

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Absolute Novelty Worldwide - Not Always So Absolute

In this Intellectual Property webcast, Thomas McNulty and Sandra Szela Congdon of Lando & Anastasi, LLP discuss absolute novelty worldwide. Learn more about Lando & Anastasi, LLP at http://www.lalaw.com.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/07/absolute-novelty-worldwide-not-always-so-absolute/

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