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Wednesday, October 31, 2012
Disposal of Laptop Doesn't Warrant Dismissal of Case
A federal magistrate judge has agreed to proceed to trial de novo on a breach of contract claim made by a plaintiff against Allstate Insurance, which had been the insurer of her BMW, despite Allstate's argument that her disposal of her laptop constituted spoliation of evidence drastic enough to warrant dismissal.
What kind of lawyer are you?
Oftentimes, especially in the family law environment (but also in other matters), our emotions control us to the point of ignoring reality. We seek to hurt the other party to the litigation through our attorneys. And, far too often, our attorneys are willing accomplices.
As the attorney, what control do you have over your client? Do you perceive yourself as the master of the ship, or the mouthpiece ... do you consider yourself the advocate for the best interests of your client or the alter ego of your client.
Marlo Van Oorschot, as an outstanding family lawyer in Southern California, this week puts another spin on this question, asking whether you're a surgeon or a gangster.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/Yn8puYikcVI/
Stop the Insanity; Don't Make Everybody Blow
A series of collisions on the Long Island Expressway last week ended when a police officer, stopped to help the last motorist whose car was struck by an allegedly drunk driver, was hit by yet another car. Nassau Police Officer Joseph Olivieri was killed.
While the driver of the car that struck and killed P.O. Olivieri was sober, the driver who caused the carnage, James Ryan, was arrested for drunk driving and the officer's death. Via Newsday:
© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
While the driver of the car that struck and killed P.O. Olivieri was sober, the driver who caused the carnage, James Ryan, was arrested for drunk driving and the officer's death. Via Newsday:
Now Olivieri is dead and Ryan has been charged with driving while intoxicated and vehicular manslaughter.
Ryan's car didn't hit the officer, but authorities say his behavior ultimately led to Oliveri's death. The courts can sort out whether vehicular manslaughter is the right charge, but society still must struggle with how to stop this insanity.
There is no question that the needless death of a human being is a tragedy, whether cop or not. But rather than travel down the usual path of calling for people to exercise greater discretion, to make smarter choices and not drink and drive, this Newsday editorial goes in a very different direction.
We have the technology to install alcohol-interlock devices in every vehicle to prevent anyone who is drunk from driving. But if we believe putting alcohol-interlock devices in every car would go too far, then we must go further ourselves. Innocents killed by drunken driving have far more right to their lives than motorists have to drive without proving their sobriety.
Every car? Every person? Everyone? The rationale sounds vaguely familiar, that "innocents" (and indeed, no one can blame the victim of a drunk driver for being the victim) have more right to life than motorists have to drive without blowing into an alcohol-interlock device. But is the issue who has greater rights, or whether the right to arrive alive leads to the inexorable conclusion that everyone else's rights must suffer?
On its surface, the editorial sets up a problematic argument, since no one takes the position that the lives of innocent travelers aren't worthy of protection. Indeed, everyone on the road wants to make it home alive, and can well appreciate the notion of not being a drunk driver's next victim.
But it doesn't follow that the answer to one problem is to place the burden on everyone else, all the people who bear no responsibility for the conduct of those who are engaged in the wrong. By that line of reasoning, it would make as much sense to incarcerate us all for the drunk driving death, or perhaps do away with cars entirely. Both would deter any further drunk driving deaths, and as long as we're divorcing responsibility from the burden, isn't that all that matters?
The editorial reveals its motives when it asks, "society still must struggle with how to stop this insanity." Every tragedy does not amount to "this insanity," despite the current trend of reacting to each in melodramatic fashion and demanding a law to eliminate any possibility of harm to anyone in the future. How long before "Oliveri's Law" becomes the battle cry?
This isn't to diminish or trivialize the harm caused by drunk driving, though anyone who isn't part of stopping the insanity is accused of being in favor of people being killed by drunks, or at least indifferent to the death of innocents on the road. This is the wedge that is used to shut down thoughtfulness in favor of a bludgeon to beat us all into submission. This is the drunk driving version of "do it for the children," the excuse used regularly in an appeal to emotion without regard to reason.
As I've written numerous times before, the problem of drunk driving doesn't manifest itself in a crash, or the death of a police officer trying to help others. The problem happens at the moment a person who has had too much to drink leaves the bar and sits down behind the wheel of a car. What happens after that is merely fortuitous, whether the person makes it home safely and sleeps it off, or ends up killing someone.
The numbers of accidents involving alcohol are badly skewed, calculated in ways that make it appear that they are happening constantly when it's simply not true, The hysteria that follows obscures the problem rather than illuminates. The extraordinarily successful interest groups, led by MADD, Mothers Against Drunk Driving or whatever other perceived threat they want to eliminate, control the dialogue, from including alcohol in the bodies of the victims of crashes to the rumors of smells becoming proof of another drunkard. It's hard to find a meaningful solution when every discussion begins with stopping the insanity.
Yet, drunk driving is a problem that compels a solution. Harm to innocents on the road is hardly a trivial concern, whether the raw numbers are massive or invented. Police Officer Joseph Olivieri should not have died on the highway in the early morning, and even though the car that struck him was driven by a sober driver, the incident itself might not have happened but for alcohol. It's worthy of everyone's concern.
The solution, however, is not to turn us into a society of presumptive drunkards, requiring proof of sobriety before our car will start. It won't be effective, and will give rise to a wealth of unintended consequences, creating problems for people who are similarly innocent of any wrong, yet according to Newsday, held responsible because it's a simple solution.
The answer isn't to make all of society pay for the few, but to address the root of the problem without it being obscured by hysteria and appeals to emotion. Newsday's editorial may make for good drama, but does little to add to clarity of thought. More importantly, the solution to individual impropriety isn't to hold those who have done no wrong, and wouldn't do wrong, captive.
Like Newsday, I too think we need to stop the insanity. The insanity in this case is Newsday's solution to the problem.
© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2012/10/23/stop-the-insanity-dont-make-everybody-blow.aspx?ref=rss
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Inside BU Law’s Housing, Employment, Family and Disability Clinic
Law students who participate in the Civil Litigation Program's Housing, Employment, Family and Disability Clinic work for credit under the supervision of four full-time BU clinical faculty. They can represent anyone from tenants in eviction defenses in housing court, to parties in divorces in probate court. Host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth, sits down with Professor Robert G. Burdick, director of the Civil Law Clinical Program, to talk about how the clinic works, and the real life training that students gain by participating in this clinic.
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Gone Clio with Attorney Andrew Kawel
Listen as Clio co-founder Jack Newton talks with special guest, Andrew Kawel, founder of Kawel PLLC. You'll hear Jack and Andy discuss switching to Mac to minimize time and frustration in doing certain non-billable and labor intensive tasks, Dropbox, Google Voice, Google Apps and the cloud.
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/02/gone-clio-with-attorney-andrew-kawel/
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As California Vote Looms, Scientists Say No To Labeling Genetically Modified Foods
By now you know that California is preparing to vote Nov. 6 on a ballot initiative to require labels on genetically modified food. While polls show people evenly split on the issue, scientists says such labeling is misleading and may scare consumers.
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Harvesting Intellectual Property: Inspired Beginnings and "Work-Makes-Work," Two Stages in the Creative Process of Artists and Innovators
Professor Jessica Silbey of Suffolk University Law School discusses her Intellectual Property law research, as described in her recent article in Notre Dame Law Review Volume 86, Issue 5 and her upcoming book. Read the article at http://bit.ly/A927vO.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/01/harvesting-intellectual-property/
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Finders, Keepers: How Vendor Websites Can Turn Visitors into Buyers
Ask any CIO about trying to find information on legal technology products or services and you’ll get an earful. The bottom line is vendors need to build sites with user needs in mind, and not just data a vendor is trying to glean. On Law Technology Now, host and Law Technology News magazine editor-in-chief, Monica Bay joins Steve Fletcher, CIO of Parker Poe, and Chris Romano, CIO of Ward and Smith to discuss their pet peeves and wish lists.
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Tuesday, October 30, 2012
Recommendations for a Social, Mobile and Global Legal Profession
The ABA Commission on Ethics 20/20 has released its latest recommendations so that the rules and ethics of the legal profession keep up with the incredible pace of technology. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the details from the ABA Commission’s Chief Reporter, Professor Andrew Perlman, and debate these suggestions with Attorney Bradley Shear.
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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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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/
Federal appeals court declines to rehear Texas Planned Parenthood funding case
[JURIST] The US Court of Appeals for the Fifth Circuit [official website] on Thursday declined to reconsider its August decision allowing Texas to impose a funding ban on clinics affiliated with abortion providers under the state's Women's Health Program [official website]. Planned Parenthood [advocacy website; JURIST news archive] had asked the court to reconsider [JURIST report] an injunction against the law until its constitutionality is determined at trial. A US district court found that the Texas law infringed on Planned...
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New iPad, New Decisions
Apple just announced the newest version of the iPad, setting the Internet abuzz with anticipation and speculation. Is this next big thing? More importantly, must this be your next tech purchase? In this episode, Dennis Kennedy and Tom Mighell discuss the new iPad announcement and reactions, what the new iPad brings to the table, and whether lawyers should expect to see a new iPad in their possibly post-PC futures. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/03/new-ipad-new-decisions/
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BP Settlement and the Plaintiffs' Steering Committee
In March of 2012, BP Oil reached a proposed class action settlement with the Plaintiffs' Steering Committee which BP has valued at about $7.8 billion. The court will consider final approval of the settlement at a Fairness Hearing scheduled for November 8, 2012. On Ringler Radio, host Larry Cohen and Ringler colleague, Wayne Wagner join guest, Attorney Paul Sterbcow from the firm Lewis, Kullman, Sterbcow & Abramson, to give a behind the scenes look at the Plaintiff’s Steering Committee and provide updates on a potential settlement for the worst oil spill in U.S. history.
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Pennsylvania judge rejects request for expedited ruling on voter ID ads
[JURIST] A judge for the Pennsylvania Commonwealth Court [official website] on Friday rejected [order, PDF] a request to expedite briefing on a challenge to voter ID advertisements. The plaintiffs, which include civil rights groups such as the League of Women Voters (LWV), the National Association for the Advancement of Colored People and the Homeless Advocacy Project [advocacy websites], are seeking an injunction [LWV press release] against voter ID ads that they allege are disseminating false information. The ads being challenged...
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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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Monday, October 29, 2012
Securing Electronic Law Firm Data for Big and Small Firms
Law firms are increasingly being targeted by hackers seeking to access confidential business and personal information. On The 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 welcomes Digital Detectives co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, to discuss a variety of issues including: computer security, why attorneys are targeted and malpractice and ethics risks related to having inadequate security.
BU School of Law’s Semester-in-Practice Program
Boston University School of Law’s Semester-in-Practice Program has provided some great opportunities to law students who are looking to prepare themselves for the legal world. Host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth, talks with Professor Sean J. Kealy, director of the Government Lawyering program in Washington D.C, and Michael Greenwald, an alum of BU School of Law, who spent a semester in Washington working for the U.S. Treasury's Office of Terrorism and Financial Intelligence. Sean and Michael talk about the benefits of the program, the hands-on training, and share their personal experiences.
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Mid-year union dues increase: Hudson notice required, opt-in not opt-out
The US Supreme Court this morning held that "when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."
Knox v. Service Employees Intl Union (US Supreme Ct 06/21/2012)
This is a remarkable decision for two reasons.
First, the Court has never before held that unions must issue a Hudson notice before changing the amount of dues. Hudson notices have always been based on an after-the-fact look-back based on the previous year's audited accounts.Second, the Court has never before held that unions cannot collect fees from nonmembers unless they affirmatively opt in. The Hudson notice system has always been based on the idea that nonmembers can get an after-the-fact refund.
The union representing California public sector employees has an agency shop agreement which requires nonmembers to pay an annual fee for "chargeable" expenses - nonpolitical costs related to collective bargaining. In June 2005 the union sent out its annual Hudson notice which estimated that chargeable expenses would be 56.35% of its total expenditures. After the 30-day period that nonmembers had to object, the union announced a 25% increase to fund a broad range of political expenses, but nonmembers were given no choice as to whether they would pay into this fund.
The US Supreme Court held (7-2) that
"when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."
The Court described this case as one involving compelled funding of the speech of other private speakers or groups, which is akin to compelled speech and compelled association. Therefore, it is subject to "exacting First Amendment scrutiny." In order to prevent the union from extracting a loan from unwilling nonmembers, the union must issue a fresh Hudson notice and must exempt nonmembers unless they opt in.
Two Justices, CONCURRING in the judgment, criticized the majority for adopting an opt-in system of fee collection which was "not contained in the questions presented, briefed, or argued."
Two Justices, DISSENTING, pointed out that unions have always been allowed to calculate each year's fee based on its expenses during the previous year. Although an imperfect system, it is not unconstitutional.
Source: http://www.lawmemo.com/blog/2012/06/midyear_union_d.html
Technology-Enhanced Television
As rumors of a game-changing new Apple TV begin to swirl, we wonder whether technology will start to change the way we watch television. Or maybe it already has. Does technology always need to have "productive" uses? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell turn to a "non-serious" technology topic for the end of summer, explore ways technology, especially tablets, can enhance your TV viewing experience, and find some surprisingly serious conclusions about where technology is taking us.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/technology-enhanced-television/
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Super Bowl edition: Vince Lombardi, Civil Rights Pioneer
Professor David Yamada, Director of the New Workplace Institute at Suffolk Law, talks about legendary NFL coach Vince Lombardi as an early pioneer for civil rights. Read Professor Yamada’s blog at http://newworkplace.wordpress.com.
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Judge Gray Miller of the Southern District of Texas
Judge Gray Miller of the Southern District of Texas shares tips for trying cases in his courtroom with senior reporter Brenda Sapino Jeffreys.
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Italian Seismologists Convicted Of Manslaughter
Melissa Block talks with Thomas Jordan, director of the Southern California Earthquake Center. He was tapped by the Italian government to investigate the events surrounding the tragic 2009 earthquake in the city of L'Aquila, which left more than 300 people dead. The Italian government convicted seven prominent earthquake experts of manslaughter on Monday for not adequately warning the public about the quake ahead of time. The head of Italy's disaster body has resigned in protest against the prison sentences.
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Source: http://www.npr.org/2012/10/23/163499530/italian-seismologists-convicted-of-manslaughter?ft=1&f=1070
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NLRB election rule is enjoined for lack of quorum
The US District Court for the District of Columbia has ruled that the National Labor Relations Board's December 22, 2011 rule amending its election procedures is invalid because the Board did not satisfy the statutory quorum requirement in adopting the rule.
Chamber of Commerce v. NLRB (Dist DC 05/14/2012)
Two of the Board's three members voted in favor of adopting the final rule. The third member of the Board, Brian Hayes, did not cast a vote.
As the court put it,
"The NLRB's claim that Hayes was part of the quorum that adopted the final rule, then, is based only on the fact that he was a member of the Board at the time the rule was circulated and thus was sent a notification that it had been called for a vote.""Two members of the Board participated in the decision to adopt the final rule, and two is simply not enough. Member Hayes cannot be counted toward the quorum merely because he held office, and his participation in earlier decisions relating to the drafting of the rule does not suffice. He need not necessarily have voted, but he had to at least show up. At the end of the day, while the Court's decision may seem unduly technical, the quorum requirement, as the Supreme Court has made clear, is no trifle."
Source: http://www.lawmemo.com/blog/2012/05/nlrb_election_r.html
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Sunday, October 28, 2012
Tennessee appeals court upholds state voter ID law
[JURIST] The Tennessee Court of Appeals [official website] rejected [opinion, PDF] a challenge to the state's voter identification law [SB 16, PDF] Thursday while upholding the validity of Memphis public library cards as acceptable forms of voter ID. The state had argued that the Memphis library is not an entity of the state as defined in the law as an approved provider of acceptable forms of photo ID. In examining the intent of the legislature the court ruled that allowing...
Source: http://jurist.org/paperchase/2012/10/tennessee-appeals-court-upholds-state-voter-id-law.php
Paralegal Hiring Trends
Are you ready to search for a paralegal job? On The Paralegal Voice Kim Wierzel, Esq., a reformed litigator and Placement Director with Special Counsel, joins co-hosts Lynne DeVenny and Vicki Voisin to talk about everything you need to know regarding the paralegal job market. Their discussion includes current paralegal hiring trends, educational and certification requirements, tips for paralegals just entering the job market, and the top three areas paralegal job seekers most need to improve to be more marketable. Kim also addresses a current "hot button" issue for the paralegal profession, i.e. whether employers are seeking inexperienced new attorneys instead of experienced paralegals.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/03/paralegal-hiring/
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The Path to Becoming a Solo Practitioner
New Solo host and solo practitioner, Attorney Kyle R. Guelcher, spotlights solo attorney Carl Irace and his path to becoming a successful solo practitioner. Carl discusses his career as an Assistant District Attorney in New York City and explains the challenges of moving from the public to the private sector. Carl also gives tips for marketing solo practices in small markets.
Source: http://legaltalknetwork.com/podcasts/new-solo/2012/06/the-path-to-becoming-a-solo-practitioner/
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California Court of Appeal Refuses to Enforce Non-Compete Against Selling Shareholder
By Jennifer Redmond and Jonathan Sokolowski
In Fillpoint, LLC, v. Maas, Case No. G045057, 2012 Cal. App. LEXIS 914 (Cal. App. Aug. 24, 2012), the California Court of Appeal for the Fourth District recently refused to enforce a covenant not to compete against the former employee and selling shareholder of a video game company. The Court determined that half of a two-part noncompete agreement entered into in the context of the sale of a business was unenforceable, despite the exception for such covenants found in California Business and Professions Code Section 16601 (“Section 16601”). This case answers what had previously been an open question under California law: whether an acquiring company can obtain a non-compete that begins to run upon termination of employment (as opposed to or in addition to a non-compete that begins to run upon closing) from a shareholder who becomes an employee of the buyer. See Hilb, Rogal & Hamilton Ins. Servs. v. Robb, 33 Cal. App. 4th 1812 (1995) (enforcing a noncompete agreement against a selling shareholder that commenced at termination of employment, without any discussion or analysis of whether using termination of employment as the trigger for a noncompete violates Section 16601).
In Fillpoint, Michael Maas, an employee of Crave Entertainment Group, Inc. (“Crave”), executed a stock purchase agreement (“SPA”) when he sold all of his stock in Crave to Handleman Company (“Handleman”) as part of Handleman’s acquisition of Crave. The SPA contained a three-year non-compete which was set to begin running at the SPA’s closing date. At the same time and in connection with Handleman’s acquisition of Crave, Maas also entered into an employment agreement with Crave containing one-year non-compete, customer non-solicit, and employee non-solicit covenants, all of which would begin to run upon the termination of his employment. Maas’ employment agreement was contemplated by the SPA, which included an integration clause referencing the form employment agreement. Additionally, Maas’ employment agreement referred back to the SPA and stated that the SPA would prevail in the event of any conflict between the agreements.
Maas eventually resigned his employment three years after the acquisition of Crave and, about six months later, began working for a competitor of Crave. Fillpoint, LLC (“Fillpoint”), which had acquired Crave from Handleman, brought suit against Maas for breach of his employment agreement. At trial, Maas moved for nonsuit after Fillpoint’s opening statement, and the Superior Court concluded, among other things, that (1) the covenants in the SPA and the employment agreement were separate and (2) the covenants not to compete and not to solicit in the employment agreement were unenforceable under California’s general rule against such covenants (Business and Professions Code Section 16600).
On appeal, the Court of Appeal held that the trial court erred in its conclusion that the covenants in the SPA and the employment agreement were separate. The Court of Appeal held that the agreements “must be read together as an integrated agreement” because (1) of the cross references between the SPA and employment agreement and (2) the two agreements were entered into between the same parties and around the same time, and were part of a single transaction.
Despite winning this battle, Fillpoint lost the war. The Court of Appeal held that reading the agreements together does not mean that the covenants contained in the employment agreement are enforceable. Instead, the covenants must fit within Section 16601’s exception to the general rule that non-competes are unenforceable. More specifically, Section 16601 permits the enforcement of covenants not to compete to protect the goodwill of a business in connection with the sale of such business. The purpose behind this exception is to prevent a seller from engaging in competition which would diminish the value of the assets being sold. The Court of Appeal determined that the SPA’s non-compete was intended to protect the goodwill of Crave as it prevented Maas from engaging in a competing business, or from setting up, or helping another to set up, a competing business, during the three-year period immediately following Handleman’s acquisition of Crave. In contrast, the covenants contained in the employment agreement were triggered upon Maas’ termination and, for one year following his termination, would prohibit him from, among other things, selling competitive products to anyone who was a customer or a potential customer of Crave during the two years preceding his termination, working for a competing business, or employing or soliciting for employment any of Crave’s employees. The court determined that such covenants were intended to restrict Maas’ right to pursue his profession in the future and, thus, did not meet Section 16601’s limited exception. For these reasons, the court held that the covenants in the employment agreement could not “be reconciled with California’s strong public policy permitting employees the right to pursue a lawful occupation of their own choice” and were unenforceable.
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From the Courtroom to the Comedy Club
Lawyers are very often the brunt of jokes, but there is a group of attorneys that has turned the tables and is making people laugh with them instead of at them. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, share the stage with two of the Comedians At Law. Alex Barnett and Matt Ritter explain how they transitioned from lawyers to comics and how they now make people laugh at the lighter side of the law.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/from-the-courtroom-to-the-comedy-club/
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I’ll Tumblr for Ya
While Facebook, LinkedIn and Twitter draw the lion’s share of social media attention, there are many other social media platforms available to lawyers. Tumblr, Pinterest and Foursquare are just a few of the alternatives. How can you evaluate which of these tools might be worthy of your time and effort? On The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell survey the lesser-traveled landscapes of the social media world, identify some tools that might make sense to some lawyers in some scenarios, and speculate about the future of specialized social media tools.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/ill-tumblr-for-ya/
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Inside the Trayvon Martin Tragedy
The shooting death of 17 year old Trayvon Martin in Florida has sparked outrage across the country. On February 26, 2012, Trayvon died from a single gunshot to the chest. Police say neighborhood watch captain, George Zimmerman, fired that shot. Zimmerman is using Florida’s "Stand Your Ground" Law to justify the killing. Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, welcome Professor Michelle Jacobs, from the University of Florida's Levin College of Law and Professor Kenneth Novak, Ph.D., Chair of the Department of Criminal Justice at the University of Missouri - Kansas City, to explore the legal issues surrounding the "Stand Your Ground" law, neighborhood watches, and the possibility of racial profiling.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/03/inside-the-trayvon-martin-tragedy/
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Using Document Assembly Tools to Improve Your Firm
Find out how document assembly tools can increase efficiency and profits at your firm on The Un-Billable Hour. Host and Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program and Diane Ebersole, practice management advisor for the State Bar of Michigan explain how document assembly applications have advanced in the last few years and how these applications can increase the bottom line for your law firm.
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Saturday, October 27, 2012
Inside BU Law’s Housing, Employment, Family and Disability Clinic
Law students who participate in the Civil Litigation Program's Housing, Employment, Family and Disability Clinic work for credit under the supervision of four full-time BU clinical faculty. They can represent anyone from tenants in eviction defenses in housing court, to parties in divorces in probate court. Host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth, sits down with Professor Robert G. Burdick, director of the Civil Law Clinical Program, to talk about how the clinic works, and the real life training that students gain by participating in this clinic.
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I’ll Tumblr for Ya
While Facebook, LinkedIn and Twitter draw the lion’s share of social media attention, there are many other social media platforms available to lawyers. Tumblr, Pinterest and Foursquare are just a few of the alternatives. How can you evaluate which of these tools might be worthy of your time and effort? On The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell survey the lesser-traveled landscapes of the social media world, identify some tools that might make sense to some lawyers in some scenarios, and speculate about the future of specialized social media tools.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/ill-tumblr-for-ya/
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The Only Constant is Change: FRCP Amendment Updates and Departures from the Zubulake Gold Standard
The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins Henry Kelston, Senior Counsel at the law firm of Milberg LLP, to discuss the current work of the Sedona Conference on ediscovery and its significant impact of the Federal Rules of Civil Procedure. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, examines the recent departures in case law from the notable Zubulake standard.
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Jumpstarting Your Practice: From Backpack to Briefcase
Eric Parker JD '86, discusses his upcoming presentation on marketing legal services in the digital age that will be part of a Suffolk Law Advanced Legal Studies conference January 13 and 20, 2012. Learn about the conference at http://bit.ly/uKxT4N.
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Virtual Paralegals: Forming a Magical Team
Are you thinking about working virtually but don’t know how to get started? Paralegal Voice co-host Vicki Voisin welcomes virtual professionals Tina Marie Hilton, owner of Clerical Advantage and Cathy L. Ribble, ACP, owner of Digital Paralegal Services, LLC, to spotlight virtual paralegals and how to form a magical team. Tina and Cathy share their personal experiences, the important skills needed to be a successful virtual professional, as well as the websites and blogs that they visit often for their businesses. They also predict a very bright future for virtual professionals and provide their reasoning for that.
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2011 Intellectual Property Year in Review and Outlook for 2012 - Part II: Trademarks
Attorney Peter Lando, host of IP Counsel and partner at the firm of Lando & Anastasi, LLP, welcomes John Welch, Of Counsel with Lando & Anastasi, to discuss important trademark cases and issues of 2011 that may continue well into the new year. Peter and John discuss the high profile trademark battle between designers, Christian Louboutin and Yves St. Laurent, over a trademark for the color red for shoe soles; the trademark "bullying" report from the U.S. Commerce Department; recent happenings regarding fraud at the USPTO; the latest cases interpreting the trademark statute on dilution by blurring; and the effect of the recent launch of generic TLD’s on trademark owners.
A Look Back at 2011 E-Discovery News and Hot ESI Trends for 2012
In 2012, we anticipate a riveting period of progression and change in the rapidly evolving context of e-discovery. On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes Magistrate Judge David Waxse from the U.S. District Court in Kansas and Alitia Faccone, partner at McCarter & English, to discuss the forecast for e-discovery in the new year and countdown to some of the hottest trends in this vibrant intersection of law and technology. In the Bits & Bytes Legal Analysis, Kroll Ontrack Legal Correspondent, Elliot Westman, looks back and navigates some of the biggest waves generated by e-discovery case law in 2011.
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Rajat Gupta Gets 2 Years in Prison
Rajat Gupta, former powerhouse of the business world, ex-director of Goldman Sachs and ex-head of consulting at McKinsey & Co., has been sentenced to spend two years in prison.
Source: http://blogs.wsj.com/law/2012/10/24/rajat-gupta-gets-2-years-in-prison/?mod=WSJBlog
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Friday, October 26, 2012
DOJ Eyes Whistleblower Suit Against Verizon from a Distance
The U.S. Justice Department is sitting on the sidelines in a whistleblower's suit against Verizon Wireless. But the DOJ wants the presiding federal judge to know that the government has an interest in the case and doesn't want to see a ruling against the whistleblower that could jeopardize the ability to bring a case later on.
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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.
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Solos, Structured Settlements, & Medicare Set Asides
Solo attorneys need to know what is happening in the structured settlement industry for a more successful practice. New Solo host, Attorney Kyle R. Guelcher, a solo practitioner looks to the experts, Ringler Associates Consultant Peter Early, and Vincent Polinsky, Director of Operations at Ringler Medicare Solutions, to explain the evolving role of the structured settlement consultant today. Hear the discussion about the advantages of a Medicare Set-Aside, and the benefits overall to your client’s settlement.
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Parker McCay Insurers Lose Round in Coverage Fight in Fired Librarian's Suit
Parker McCay's liability carriers have lost an attempt to dismiss the New Jersey firm's action to compel coverage in a wrongful termination suit by a librarian wrongfully accused of setting off a false fire alarm. Jury selection starts Monday in the suit by the former part-time librarian, who was arrested and led away from the firm in handcuffs after being accused of pulling the alarm.
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Why Go with a Structured Settlement?
After an individual suffers a severe injury and a settlement is reached, he or she is left with the option of either taking a lump sum of cash, or a structured settlement. Today on Ringler Radio, Larry Cohen joins co-host and colleague, Keith Christie, to get a lawyer's perspective from Attorney Trey Haik from the law firm of Haik, Minvielle & Grubbs, on the benefits of the structured settlement and how a structure can financially support clients and their families for years to come.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/08/why-go-with-a-structured-settlement/
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New Jersey Supreme Court upholds surrogacy law
[JURIST] The Supreme Court of New Jersey [official website] on Wednesday upheld [opinion, PDF] a decision by a New Jersey appellate court finding that an infertile woman is not the legal parent of a child conceived using her husband's sperm and carried by a surrogate. The court determined that the New Jersey Parentage Act [text, PDF] requires a woman in that situation to adopt the child before she can be said to be a legal guardian. Lawyers for the parents...
Source: http://jurist.org/paperchase/2012/10/nj-supreme-court-upholds-surrogacy-law.php
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'Millennium bomber' sentenced to 37 years in prison
[JURIST] A judge for the US District Court for the Western District of Washington [official website] on Wednesday sentenced [order, PDF] a convicted terrorist to a 37-year prison sentence for a 1999 plot to blow up the Los Angeles International Airport. Ahmed Ressam [PBS profile], an al Qaeda-trained terrorist, was convicted of plotting to blow up Los Angeles International Airport on New Year's Eve 1999 [CBC timeline]. Judge John Coughenour, who had twice had his sentences of Ressam vacated by...
Source: http://jurist.org/paperchase/2012/10/millennium-bomber-sentenced-to-37-years-in-prison.php
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Thursday, October 25, 2012
Can you live without your mobile toys?
77% of professional services mobile device users agree that their company would lose competitive ground without mobile devices. This, according to a survey conducted by CDW, distributor of computer and related equipment.
Irrespective of the actual percentage, it is clear that mobile devices such as the mobile phone and new tablets, not to mention laptops, are critical to the operation of most law practices today.
And Apple today announced that it will soon be releasing a smaller version of the iPad. What's next and why?
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/fUZkyGfdYAA/
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The Luis Guaman Case
Professor Epps, Co-Director of Suffolk Law's International Law Concentration, discusses the murder trial of Luis Guaman and the extradition issues involved in the case. Learn more about our International Law concentration at http://bit.ly/Jemqnl.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/the-luis-guaman-case/
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Six Hats: Parallel Thinking for Paralegals
Edward De Bono’s, Six Thinking Hats, also known as parallel thinking, is a fun method used in NALA’s year-long leadership webinars for those involved in state and local affiliated associations. On The Paralegal Voice, co-host Vicki Voisin welcomes Karen G. McGee, ACP, President of NALA, as they spotlight De Bono’s method of thinking and share some important tools paralegals can use to facilitate open discussions in a meeting or work situation.
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Legal Talk Network Live at LegalTechNY 2012- DIY Discovery solution: Verve
Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack, introduces us to "Verve," Kroll's brand-new DIY E-discovery solution, aimed at keeping the cost of litigation down for attorneys. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.
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Legal Talk Network Live at LegalTechNY 2012-Onit’s Eric Elman Spotlights Onit Apps
Eric Elfman spotlights "Onit Apps" for the legal marketplace which solve very specific problems for legal departments. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.
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IP Law Concentration
Professor Andrew Beckerman-Rodau discusses the Intellectual Property Law Concentration offered by Suffolk University Law School. To learn more about the program, please visit the Law School's website, http://bit.ly/JNtxXh.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/04/ip-law-concentration/
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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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Controversial Legislation in Women’s Health
From the Obama Administration’s decision on female contraception coverage, to the Congressional hearing on women’s health featuring an all-male panel of witnesses, to the Rush Limbaugh/Sandra Fluke firestorm, legislation targeting women's health is causing quite the political controversy across the country. Lawyer2Lawyer co-host and attorney, Craig Williams, joins Attorney Shari Rendall, Director of Legislation and Public Policy for Concerned Women for America and Attorney Gretchen Borchelt, Senior Counsel for Health and Reproductive Rights for the National Women’s Law Center, to discuss current legislation aimed at women's issues, reaction from women’s groups and the present state of women's rights.
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Wednesday, October 24, 2012
NLRB election rule is enjoined for lack of quorum
The US District Court for the District of Columbia has ruled that the National Labor Relations Board's December 22, 2011 rule amending its election procedures is invalid because the Board did not satisfy the statutory quorum requirement in adopting the rule.
Chamber of Commerce v. NLRB (Dist DC 05/14/2012)
Two of the Board's three members voted in favor of adopting the final rule. The third member of the Board, Brian Hayes, did not cast a vote.
As the court put it,
"The NLRB's claim that Hayes was part of the quorum that adopted the final rule, then, is based only on the fact that he was a member of the Board at the time the rule was circulated and thus was sent a notification that it had been called for a vote.""Two members of the Board participated in the decision to adopt the final rule, and two is simply not enough. Member Hayes cannot be counted toward the quorum merely because he held office, and his participation in earlier decisions relating to the drafting of the rule does not suffice. He need not necessarily have voted, but he had to at least show up. At the end of the day, while the Court's decision may seem unduly technical, the quorum requirement, as the Supreme Court has made clear, is no trifle."
Source: http://www.lawmemo.com/blog/2012/05/nlrb_election_r.html
Law Blog Fireside: Richard Revesz, Dean of NYU Law
Richard Revesz will step down as dean of NYU Law next May, capping 11 years at the helm of one of the country’s top law schools. We caught up with him to discuss the state of the legal job market and legal education.
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What's New in the Structured Settlement Industry for 2012
On Ringler Radio, host Larry Cohen welcomes Ross Duncan, the newly appointed Chairman of the Board of Ringler Associates. Ross and Larry discuss the current status of the settlement industry and the direction Ringler Associates is headed in 2012. In addition, Ross explains how to adapt to changes in the industry, how his colleagues can benefit from Ringler's new website and his personal goals for the year.
LawBiz® Legal Pad On the Road!: Tips to Promote Your Services
LawBizForum.com contributor Linda Popky has 10 Tips for Promoting your Services, which Ed shares with you today
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/FP1ZXIe6ZIo/
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Demystifying Technology Assisted Review; Taxation of Costs in Race Tires
Amidst growing data volumes and dwindling resources, traditional linear document review is quickly going the way of the dinosaur. On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, David D. Lewis, Ph.D., President of David D. Lewis Consulting and co-founder of TREC Legal Track and Kara M. Kirkeby, Esq., Manager of Document Review Services at Kroll Ontrack, Inc., to explore the exciting new developments in technology-assisted review, and how these developments are rapidly impacting the world of e-discovery. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack legal correspondent, Alicia J. Smith, analyzes the March 16th 2012 appellate court decision in Race Tires America v. Hoosier Racing Tire.
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Paralegal Hiring Trends
Are you ready to search for a paralegal job? On The Paralegal Voice Kim Wierzel, Esq., a reformed litigator and Placement Director with Special Counsel, joins co-hosts Lynne DeVenny and Vicki Voisin to talk about everything you need to know regarding the paralegal job market. Their discussion includes current paralegal hiring trends, educational and certification requirements, tips for paralegals just entering the job market, and the top three areas paralegal job seekers most need to improve to be more marketable. Kim also addresses a current "hot button" issue for the paralegal profession, i.e. whether employers are seeking inexperienced new attorneys instead of experienced paralegals.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/03/paralegal-hiring/
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Sentencing Catherine Greig
Suffolk Law Professor Chris Dearborn discusses the recent sentencing of Catherine Greig. Read more about Professor Dearborn at http://bit.ly/rafZ9N.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/06/sentencing-catherine-greig/
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Finders, Keepers: How Vendor Websites Can Turn Visitors into Buyers
Ask any CIO about trying to find information on legal technology products or services and you’ll get an earful. The bottom line is vendors need to build sites with user needs in mind, and not just data a vendor is trying to glean. On Law Technology Now, host and Law Technology News magazine editor-in-chief, Monica Bay joins Steve Fletcher, CIO of Parker Poe, and Chris Romano, CIO of Ward and Smith to discuss their pet peeves and wish lists.
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Tuesday, October 23, 2012
Can you live without your mobile toys?
77% of professional services mobile device users agree that their company would lose competitive ground without mobile devices. This, according to a survey conducted by CDW, distributor of computer and related equipment.
Irrespective of the actual percentage, it is clear that mobile devices such as the mobile phone and new tablets, not to mention laptops, are critical to the operation of most law practices today.
And Apple today announced that it will soon be releasing a smaller version of the iPad. What's next and why?
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/fUZkyGfdYAA/
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Six Hats: Parallel Thinking for Paralegals
Edward De Bono’s, Six Thinking Hats, also known as parallel thinking, is a fun method used in NALA’s year-long leadership webinars for those involved in state and local affiliated associations. On The Paralegal Voice, co-host Vicki Voisin welcomes Karen G. McGee, ACP, President of NALA, as they spotlight De Bono’s method of thinking and share some important tools paralegals can use to facilitate open discussions in a meeting or work situation.
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Judge Scheindlin’s Collection Case and Florida E-Discovery Amendments
One of the attributes that makes for a great e-discovery lawyer is the ability to wade through the digital mire that separates preservation from collection. The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins e-discovery expert David Kearney, Director of Technology Services at Cohen & Grigsby, to discuss Judge Shira Scheindlin’s recent opinion in the case, National Day Laborer Organizing Network et al. v. United States Immigration and Customs Enforcement Agency, et al. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman analyzes recent e-discovery amendments to the Florida Civil Procedure Rules.
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Living in a Public Beta
There’s been a lot of discussion lately about what many see as Apple’s stumble with its maps application in iOS 6. Bryan Wolfe on AppAdvice.com recently asked "Did I Miss The Memo From Apple Making Us All Beta Testers?" From operating systems to software to apps to web services, we often find that new products and services don’t’ quite feel finished. In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss changing expectations in a world of fast and frequent software releases and updates, the challenge for lawyers wanting stability with their technology, and ways to cope with what feels like living in a giant public beta test.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/10/living-in-a-public-beta/
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More pressure over recusals
As the oral argument in the Fisher v. University of Texas affirmative action case was about to get underway Oct. 10, Supreme Court Justice Elena Kagan stood up from her chair and walked out, signaling her recusal in the case.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202575001532&rss=rss_nlj
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EEOC briefs on line
This is pretty cool.
EEOC briefs are now on line. [Here]
They cover briefs filed in the US Circuit Courts of Appeals in which the EEOC was a party, plus amicus briefs filed in the US Circuit Courts of Appeals, District Courts, and state courts.
And there is a user-friendly search function.
Briefs filed in the US Supreme Court are not in this collection, and can be found through the US Solicitor General's collection [here].
Source: http://www.lawmemo.com/blog/2012/06/eeoc_briefs_on.html
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Judge Scheindlin’s Collection Case and Florida E-Discovery Amendments
One of the attributes that makes for a great e-discovery lawyer is the ability to wade through the digital mire that separates preservation from collection. The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack joins e-discovery expert David Kearney, Director of Technology Services at Cohen & Grigsby, to discuss Judge Shira Scheindlin’s recent opinion in the case, National Day Laborer Organizing Network et al. v. United States Immigration and Customs Enforcement Agency, et al. On the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman analyzes recent e-discovery amendments to the Florida Civil Procedure Rules.
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The Joys of Visual Aids
GUILTY! GUILTY! GUILTY!Just superimpose the words over a defendant's booking photo and, bingo, the prosecution has its summation in the bag.
DO YOU BELIEVE HIM?
Unless you've got a mugshot like Tom Delay, the answer is likely to be "no way." So is this the new normal in powerpoint presentations during the prosecution's closing statement? Well, not exactly, as the Supreme Court of Washington nixed the notion in In re Glasmann. Lest you think sanity was the order of the day, however, it was a 5-4 decision.
The majority didn't really see the issue as particularly difficult to decide.
“The prosecutor’s misconduct was flagrant, ill intentioned and we cannot conclude with any confidence that it did not have an effect on the outcome of the trial,” Chief Justice Barbara Madsen wrote for the majority in an opinion released Thursday.
The prosecution, on the other hand, didn't see why this was a problem.
Prosecutor Mark Lindquist said he thought the majority made a bad call.
“The majority opinion is correct in recognizing that prosecutors are quasi-judicial figures,” he said. “We have a duty to seek justice and be fully professional. The opinion takes a strange turn, though, in finding reversible misconduct because a former deputy prosecutor superimposed the word ‘guilty’ on a PowerPoint slide with a booking photo.
“This was unnecessarily melodramatic, but did not affect the outcome.”
They remain confident given what they characterize as overwhelming evidence against the defendant that they will obtain a conviction on retrial, and they may well be right. But that's hardly the point.
There is fair argument, grounded in the admissible evidence in the case, and the prosecution and defense are entitled to present that argument to the jury. They may argue for a conviction or acquittal based upon the evidence. They may ask the jury to return the verdict they seek. What they can't do, however, is put on a donkey show having no bearing on the evidence and reflecting nothing more than an "unnecessarily melodramatic" personal opinions.
Oh yeah. And they can't use an image to shift the burden of proof to the defendant by making it appear that it's his duty to persuade the jury of his innocence. That too.
“A prosecutor could never shout in closing argument that ‘Glasmann is guilty, guilty, guilty!’ and it would be highly prejudicial to do so,” Madsen wrote. “Doing this visually through use of slides showing Glasmann’s battered face and superimposing red capital letters (red, the color of blood and the color used to denote losses) is even more prejudicial.”
The dissent didn't adopt the prosecution's use of technology, but rather found the evidence so overwhelming that the error was harmless.
Justice Charles Wiggins wrote the dissent.
He agreed Hillman “improperly expressed a personal opinion about Edward Glasmann’s guilt” but said he would have only overturned the defendant’s second-degree assault conviction, letting the other three stand.
The evidence was so overwhelming on the other counts that Hillman’s PowerPoint likely played no part in the jury’s decision to convict Glasmann of those crimes, Wiggins wrote.
Harmless error analysis is the bane of the defense, as its perspective is circular and the ends justify the means. The court takes the view that since the evidence against the defendant which is derived out of an unfair or improper trial is so strong that, in the court's view, the absence of error wouldn't change the outcome, why bother to put everyone through the trouble to get it right?
The failure of harmless error analysis is that if the trial was conducted properly in the first place, perhaps the evidence would have come in differently, or not at all, or subject to doubt, and not been as damning to the appellate judge as it is after an unfair trial. It may not always be the case, but as a matter of doctrine, harmless error is about as fundamentally unjustifiable a basis to sweep impropriety under the rug as there can be.
In order to overcome the hurdle of harmless error analysis, the majority held that the egregious conduct in the closing argument precluded their having confidence in the verdict. That they were constrained to hold this is a reflection of the inanity of harmless error. It's not enough that the defendant was denied a fair trial. It's not enough that the prosecutor engaged in "flagrant, ill intentioned" impropriety. It's not enough that the trial judge allowed this to happen.
The notion that due process requires that a defendant be afforded a fair trial, without regard to whether the evidence against him is overwhelming (according to some appellate judges), should be more than good reason to reverse a conviction where it just didn't happen. It's disingenuous to pretend that trials are glorious things where every defendant has the right to challenge the prosecution to prove him guilty, but after being denied a fair trial, be constrained not merely to demand that his constitutional rights be honored but that he's otherwise worthy of a fair trial.
Of course, nothing in the decision says that the defense can't put together a really cool powerpoint with the words "liar, liar, liar" superimposed over the cop's photo. Food for thought.
H/T WSJ Law Blog
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