international law international law schools internet lawyer labor attorney
Sunday, June 30, 2013
The Lone Stall State: Texas Filibuster Falls Short of Record
Texas Sen. Wendy Davis rocketed to national attention Tuesday night with her dramatic, 11-hour filibuster. But she would have had to keep going for 32 more hours to match the state record.
Supreme Court Watch: Employment law cases
We will be watching three pending cases at the US Supreme Court as the Court's session opens today:
Kloeckner v. Solis
Oral argument on October 2.
The Merit Systems Protection Board (MSPB) hears appeals by federal employees regarding certain adverse actions, such as dismissals. If the employee asserts that the challenged action was the result of unlawful discrimination, that claim is referred to as a "mixed case."
Question Presented: If the MSPB decides a mixed case without determining the merits of the discrimination claim, is the court with jurisdiction over that claim the Court of Appeals for the Federal Circuit or a district court?
Vance v. Ball State Univ
Oral argument on November 26.
Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) held that under Title VII, an employer is vicariously liable for workplace harassment by a supervisor of the victim. If the harasser was the victim’s co-employee, however, the employer is not liable absent proof of negligence.
Question Presented: Whether the Faragher and Ellerth “supervisor” liability rule (i) applies to harassment by those whom the employer vests with authority to direct and oversee their victim’s daily work, or (ii) is limited to those harassers who have the power to “hire, fire, demote, promote, transfer, or discipline” their victim.
Genesis HealthCare v. Symczyk
Oral argument December 3.
Symczk sued under the Fair Labor Standards Act (FLSA) on behalf of herself and all others similarly situated. This was a section 216(b) collective action. The defendants extended an offer of judgment under Fed. R. Civ. P. 68 in full satisfaction of her alleged damages, fees, and costs - prior to her moving for conditional certification and prior to other potential plaintiffs opting in.
Question Presented: Whether a case becomes moot, and thus beyond the judicial power of Article III, when the lone plaintiff receives an offer from the defendants to satisfy all of the plaintiff's claims.
Source: http://www.lawmemo.com/blog/2012/10/supreme_court_w_11.html
getting power of attorney government lawyer green card lawyer immigration attorney immigration law
The Importance of Civility in the Courtroom
Join the panel discussion on the importance of civility in the courtroom. Attorney Jill Mariani hosts a roundtable of these influential members in law:
• The Honorable James Holderman: The Chief Judge of the Federal District Court for the Northern District of Illinois joined the court in 1985 after he was nominated by President Ronald Reagan. He became Chief Judge in 2006. Holderman is also chair of the ABA’s Commission on the American Jury Project, which focuses on the implementation of the ABA Principles on Juries and Jury Trials into the courtroom and reaching out to the public about the importance of jury service and jury reform. • Dick A. Semerdjian: Attorney Semerdjian is chair of the ABA Tort Trial and Insurance Practice Section (TIPS). TIPS is the knowledge and leadership hub for trial practice and issues of justice that involve tort insurance and law. • MaryGrace Schaeffer: As vice president of DecisonQuest, Schaeffer has been a trial consultant for more than 22 years. Her expertise includes strategy and theme development, mock trials, witness evaluation and preparation, shadow juries, post-trial interviews and more. Listen to their thoughts on why legal professionals need to be cognizant of civility in the courtroom, the strategies they use to implement it, changes they’d like to see in the legal world regarding civility, and more.
• The Honorable James Holderman: The Chief Judge of the Federal District Court for the Northern District of Illinois joined the court in 1985 after he was nominated by President Ronald Reagan. He became Chief Judge in 2006. Holderman is also chair of the ABA’s Commission on the American Jury Project, which focuses on the implementation of the ABA Principles on Juries and Jury Trials into the courtroom and reaching out to the public about the importance of jury service and jury reform. • Dick A. Semerdjian: Attorney Semerdjian is chair of the ABA Tort Trial and Insurance Practice Section (TIPS). TIPS is the knowledge and leadership hub for trial practice and issues of justice that involve tort insurance and law. • MaryGrace Schaeffer: As vice president of DecisonQuest, Schaeffer has been a trial consultant for more than 22 years. Her expertise includes strategy and theme development, mock trials, witness evaluation and preparation, shadow juries, post-trial interviews and more. Listen to their thoughts on why legal professionals need to be cognizant of civility in the courtroom, the strategies they use to implement it, changes they’d like to see in the legal world regarding civility, and more.
Source: http://legaltalknetwork.com/podcasts/aba-tips/2013/04/the-importance-of-civility-in-the-courtroom
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.
pro bono lawyers probate attorney real estate attorney real estate lawyer solicitor
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/
criminal defense lawyer criminal injury lawyers criminal justice lawyer criminal law
NSSTA’s Take the Hill
This past April, members of National Structured Settlement Trade Association (NSSTA) decided to "Take the Hill". They headed to Capitol Hill for meetings with members of Congress and senior Congressional staff to discuss important public policy and the economic security benefits of structured settlements. Ringler Radio host, Larry Cohen talks to Ringler colleagues, Peter Early and Erin Muller about their experience at "Take the Hill" and their mission to educate our elected officials on the benefits of structured settlements.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/07/nsstas-take-the-hill/
colorado disability lawyer commercial law common law company law conservator
Wisdom revised
From Alan Weiss, my coach, who develops pithy sayings to sum up the human experience. In his latest one, he says It's not "garbage in, garbage out" these days. It's "garbage in, garbage gets stuck and clogs everything up."
So let's look at the world as it is and, to paraphrase another saying, work with what we can control and ignore the rest. Our lives would be much happier and more productive.
Every time I have a complaint, I see the person next to me with a greater problem or challenge. I realize how blessed I am. Have a great Monday and rest of the week..
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/CGNea3fVSqM/
patent lawyer personal injury personal injury attorney personal injury attorneys
Patent Law — Best Practices as Seen From the Bench
Three U.S. district judges and a U.S. magistrate participated in a roundtable discussion in Dallas, "Patent Law: Best Practices As Seen From The Bench."
real estate lawyer solicitor solicitors statute law statutory law
Saturday, June 29, 2013
Tips and Tactics for Law Firm Websites
With the prevalence of profile sites, blogs and social media platforms, law firms need effective websites. Jared Correia, the host of The Legal ToolKit and Law Practice Management Advisor with Mass. LOMAP, joins Larry Bodine, the Editor-in-Chief for Lawyers.com, to explore the importance of law firm websites. Larry discusses everything from the sort of content components that should appear on a website and designing the website to basic SEO tools attorneys can use to get visits from their target audience.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/03/tips-and-tactics-for-law-firm-websites/
There's A New Cop In Town - Facebook
Yes people waste an insane amount of time on Facebook (that is, unless they're going here.) That said, every now and then something very useful comes from Facebook use. This was posted on the Martin County Sherrif's Office Facebook page on June 17, 2013:
********URGENT BOLO ALERT******PLEASE SHARE******* The Martin County Sheriff's Office is asking you to Be On the Look Out for 48-year old Timothy Moriarty of Stuart. Moriarty is wanted for aggravated battery with a deadly weapon. We have information that he is still in our area. The suspect was driving a blue 1996 Dodge van, Florida tag number AHP4G. Timothy Moriarty is said to be armed and dangerous. If you see him, call 9-1-1 immediately.Lo and behold, the following day, this was posted:
Moments ago, 48-year old Timothy Moriarty was located and arrested by our SWAT Team, Uniform Patrol Deputies and K-9 Units who were led to Sandsprit Park by your tips. The Martin County Sheriff's office would like to thank our Facebook followers who led MCSO to Sandsprit Park, shortly after our BOLO posting. Moriarty was awakened by our SWAT Team and taken into custody without incident.Bam! You can see the posts, and photos of Mr. Moriarty, here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/BFPcpXuPqvc/post_703.html
traffic attorney traffic lawyer traffic ticket lawyer absolute power of attorney
Washington's sexual orientation discrimination amendment is not retroactive
The Washington State Supreme Court held today that a sexual orientation discrimination amendment adopted in 2006 is not retroactive.
The court also concluded that conduct that took place prior to the amendment is admissible background evidence to prove the discriminatory nature of certain conduct occurring after the amendment.
Loeffelholz v. Univ of Washington (Washington 09/13/2012)
Loeffelholz sued under the Washington Law Against Discrimination (WLAD) claiming discrimination based on sexual orientation. WLAD was amended in 2006 to include sexual orientation as a protected class, and Loeffelholz alleged several pre-amendment acts and one post-amendment act.
The Washington Supreme Court held that (1) the WLAD amendment is not retroactive and the pre-amendment conduct is not actionable as it was not unlawful when it occurred, and (2) the post-amendment allegedly discriminatory comment is arguably similar enough to the pre-amendment conduct to survive summary judgment.
Loeffelholz alleged that her supervisor between 2003 and June 2006 maintained a hostile work environment based on sexual orientation. This was prior to the WLAD amendment. Loeffelholz also alleged a single act of discrimination by this supervisor after the WLAD amendment.
The court's findings:
(1) Pre-amendment conduct is not actionable. Retroactive application of the amendment would violate the employer's due process rights. The plain language of the amendment and its legislative history indicate only prospective application.
(2) Pre-amendment conduct is admissible as background evidence to prove why the post-amendment conduct is discriminatory.
(3) The post-amendment conduct was a single statement by Loeffelholz's supervisor, who was about to be deployed to Iraq, that he was "going to come back a very angry man." The court found that a reasonable jury could infer that this comment was a natural extension of pre-amendment conduct - the supervisor's dislike of lesbians and his anger management problems as illustrated by his comments that he had a volatile temper and kept a gun. This is enough to preclude summary judgment.
Source: http://www.lawmemo.com/blog/2012/09/washingtons_sex.html
defense attorney defense lawyer discrimination lawyers district attorney divorce atterney
A Look Ahead: Hiring and Compensation Trends for 2013
In this edition of The Robert Half Legal Report, host George Denlinger, senior district president for Robert Half Legal, and attorney Charles Volkert, executive director of Robert Half Legal, discuss high-growth specialties and career opportunities for 2013. They reveal the latest trends in hiring and compensation affecting the legal field, the qualities employers are seeking when making new hires and must-have advice for job seekers.
Source: http://www.roberthalflegal.com/podcasts
copyright lawyer corporate law corporate lawyer criminal attorney
Domestic Drones and Privacy Law
On February 14, 2012, President Obama signed the Federal Aviation Administration Modernization and Reform Act into law. This Act requires the FAA to allow others to fly drones, including law enforcement agencies, private companies and even individual hobbyists, over American neighborhoods. Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, talk to the experts, Ryan Calo, Director for Privacy and Robotics, for the Center for Internet and Society at Stanford Law School and Jennifer Lynch, a staff attorney with the Electronic Frontier Foundation, about drones, transparency, public safety and the potential impact on privacy law.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/domestic-drones-and-privacy-law/
need a lawyer patent lawyer personal injury personal injury attorney personal injury attorneys
Legal Crackdown on Human Trafficking
Human trafficking is "modern-day slavery." And if you think it isn’t happening near you, think again. The United Nations estimates nearly 2.4 million people may be the victims of this crime. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams take a legal look at this troubling issue with Professor Bridgette Carr from the University of Michigan Law School, Attorney Ann Johnson from Houston, Texas and Mary C. Ellison, Director of Policy for Polaris Project.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/legal-crackdown-on-human-trafficking/
copyright lawyer corporate law corporate lawyer criminal attorney
NSSTA’s Take the Hill
This past April, members of National Structured Settlement Trade Association (NSSTA) decided to "Take the Hill". They headed to Capitol Hill for meetings with members of Congress and senior Congressional staff to discuss important public policy and the economic security benefits of structured settlements. Ringler Radio host, Larry Cohen talks to Ringler colleagues, Peter Early and Erin Muller about their experience at "Take the Hill" and their mission to educate our elected officials on the benefits of structured settlements.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/07/nsstas-take-the-hill/
divorce lawyers download power of attorney dui attorney dui lawyer dumb laws
Friday, June 28, 2013
Indictment Gives Clues to Boston Marathon Bombing Motive
A federal grand jury on Thursday issued a 30-count indictment against accused Boston Marathon bomber Dzhokhar Tsarnaev ahead of his July 10 arraignment in the District of Massachusetts.
international law international law schools internet lawyer labor attorney
Lawyers Group Raises Concerns over Judicial Budget Cuts
A group that represents federal lawyers in New York and Connecticut said planned budget cuts could jeopardize the security and the functioning of the U.S. courts.
legal services lemon law letter of attorney litigation attorney local attorney
Fraud Suit Over Wyndham Hotels' Data Breaches Tests FTC's Reach
The Federal Trade Commission's power to bring consumer protection suits against businesses whose computer systems are hacked is under scrutiny in federal court in Newark.
legal advice legal advice online legal aid legal aid eugene oregon
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/
electronic power of attorney employment attorney employment law employment law courses employment lawyer
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.
free legal aid getting power of attorney government lawyer green card lawyer
The Most Unusual Criminal Gang Ever?
These women knew that they were virtually untouchable by the police. Why? Because they were pregnant (or suckling)! Per the Qianjiang Evening News (via ChinaDaily):
A group of 46 pregnant women were arrested and prosecuted for theft in Hangzhou, Zhejiang province.
The women, who committed more than 400 thefts a month in the city, vary in ages from 20 to 40. They repeatedly got pregnant, because police will not usually arrest pregnant women or women suckling. One member in the group even got pregnant eight times in 10 years.
After they were arrested, the number of robberies in the city decreased noticeably.If you know of a stranger gang, The Juice is all ears.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/zC8OhowKi3k/post_698.html
private lawyer pro bono lawyers probate attorney real estate attorney real estate lawyer
Getting a Passing Grade on Passwords
Good password practices are essential in a world where major compromises are common. So how do you create, use and protect strong passwords for all of your accounts? Dennis Kennedy and Tom Mighell, the hosts of The Kennedy-Mighell Report, take a look at the current state of passwords, give recommendations on password management, and share some simple approaches to dealing with today’s password requirements.
real estate attorney real estate lawyer solicitor solicitors
Predictive Policing and the Law
Some law enforcement agencies, like the Los Angeles Police Department, are turning to crime prediction software to aid in decreasing the rising crime rate, better known as predictive policing. Weighing the advantages of these programs to reduce crime raises questions about racial profiling within specific neighborhoods and our civil liberties. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Dr. Jeff Brantingham, co-founder of the company, PredPol and Professor Andrew G. Ferguson from the University of the District of Columbia David A. Clarke School of Law, as they look at the legal issues surrounding predictive policing.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/predictive-policing-and-the-law/
criminal justice lawyer criminal law criminal law cases criminal laws criminal lawyer
Thursday, June 27, 2013
LawBiz® Legal Pad: Tips for Increased Revenue
Ed offers 5 ways to increase your law firm's revenue.
1. Emphasize collections.
2. Hire lateral lawyers to meet specific demands, a new practice area, a new need.
3. Leverage technology.
4. Create a cooperative compensation model that emphasizes the law firm as an institution.
5. Outsource functions that are better done by others. Delegate.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/Rsl5KqSiZbU/
Remote Working Options for Lawyers
The convergence of technology has created a “tipping point” for remote work options for attorneys. Law Technology Now, host and editor-in-chief of ALM’s Law Technology News, Monica Bay analyzes the key advantages of remote work options, which is also June’s Law Technology News’ cover story, Unleashed, with Albert Barsocchini, senior director, strategic consulting at NightOwl Document Management Services and Marc Osborn, senior director, communications for LexisNexis Legal & Professional.
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/06/remote-working-options-for-lawyers/
lawyer fees lawyer firm lawyer malpractice attorneys lawyer office lawyers
PSA: Still Time To Sign Up For Advance iPad From The ABA
It's not your iPad, but your Advanced iPad.
Heh. Those days are gone. Aren't you glad we have CLE requirements to make us better lawyers so that we can better serve our clients. And for those who think I might be too much of a luddite to appreciate the virtues of an iPad, I already learned all about it via this video.
H/T Leo Mulvihill
© 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.
Program Description
Few technologies have so quickly and positively affected the legal profession as has the iPad®. Join us for this live iPad® demonstration to learn even more amazing things your iPad can do and how it can benefit your law practice. We'll cover just a few of the practical iPad® tips and then delve deep in to a discussion and demonstration of legal specific apps and forensic iPad® tools.
And you get 1.5 CLE credits for this. The program faculty will be:
Adriana Linares, Legal Technology Trainer and Consultant, LawTech Partners, Winter Park, FLRemember the old days when CLE taught things like cross-examination or ethics? Or when an association like the ABA drew its speakers from people who could find the courthouse without the GPS on their iPhone?
Malcolm Harsch (Moderator), Associate Director, American Bar Association, Chicago, IL
Heh. Those days are gone. Aren't you glad we have CLE requirements to make us better lawyers so that we can better serve our clients. And for those who think I might be too much of a luddite to appreciate the virtues of an iPad, I already learned all about it via this video.
H/T Leo Mulvihill
© 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.
Justice Kennedy At Center Of Gay Rights Decisions For A Decade
Justice Anthony Kennedy has now written two landmark gay rights decisions, emerging as cautious but pivotal voice in advance of same-sex marriage.
» E-Mail This » Add to Del.icio.us
legal aid eugene oregon legal aid society legal counsel legal help legal information
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.
injury attorney injury attorneys injury lawers injury lawyer
The Presidential Race and the Judiciary
On November 6, 2012, people across the States will cast their vote for President. Whatever the outcome, it will influence our justice system. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Kenneth L. Manning, a professor of political science at the University of Massachusetts at Dartmouth and Professor Carl Tobias from the University of Richmond School of Law, to discuss everything from diversity in the courts, Supreme Court vacancies and obstruction and the impact on the justice system.
internet lawyer labor attorney lafayette attorney law law enforcement
LawBiz® Legal Pad: Tips for Increased Revenue
Ed offers 5 ways to increase your law firm's revenue.
1. Emphasize collections.
2. Hire lateral lawyers to meet specific demands, a new practice area, a new need.
3. Leverage technology.
4. Create a cooperative compensation model that emphasizes the law firm as an institution.
5. Outsource functions that are better done by others. Delegate.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/Rsl5KqSiZbU/
corporate law corporate lawyer criminal attorney criminal defence lawyer
DOMA down, but why?
The 1st Circuit today held that the Defense of Marriage Act's denial of federal benefits to married same-sex couples is unconstitutional. Massachusetts v. US Department of Health and Human Services (1st Cir 05/31/2012).
The federal Defense of Marriage Act (DOMA) Section 3 prevents same-sex married couples from filing joint tax returns, prevent a surviving spouse from collecting Social Security survivor benefits, and prevents federal employees from sharing medical benefits with same-sex spouses.
The trial court held that DOMA Section 3 is unconstitutional; the 1st Circuit affirmed.
The court's decision surveys equal protection and federalism issues and concludes that "governing precedents under both heads combine - not to create some new category of 'heightened scrutiny,' ..., but rather to require a closer than usual review based in part on discrepant impact among married couples and in part on the importance of state interests in regulating marriage."
Thus the court gave less deference to, and "closer scrutiny of government action touching upon minority group interests and of federal action in areas of traditional state concern."
The court concluded that denial of federal benefits to same-sex married couples "has not been adequately supported by any permissible federal interest."
The court stayed its mandate, thus extending the trial court's stay, in anticipation of the losing parties seeking certiorari in the US Supreme Court.
My view:
This is a decision, purportedly based on the US Constitution, that essentially avoids making an explicit connection to the text of the Constitution.
The idea is that states regulate marriage, the federal government may have something to say in this regard, but the reasons behind the federal government's actions didn't have enough oomph. No, there's no 10th amendment violation, and no violation of the Spending Clause. And no, there's no "strict scrutiny" going on. And no "new category of 'heightened scrutiny.'" But wait, let's give the legislation "closer scrutiny."
I'm no fan of DOMA, but it's not really clear to me what this court is doing.
[By the way, similar DOMA issues are pending in the 9th Circuit.]
Source: http://www.lawmemo.com/blog/2012/05/doma_down_but_w.html
dumb laws dwi lawyer electronic power of attorney employment attorney employment law
Wednesday, June 26, 2013
In Light of NSA Surveillance, Should Lawyers Encrypt?
In this edition of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss encryption. The recent news coverage of the NSA surveillance has everyone talking about who can access their data, and this is especially relevant to practicing attorneys, who have to consider both their own data as well as that of their clients. According to your hosts, 30% of lawyers are using encryption to secure files and only 24% are using it to send email. This poses the question: Has the time for lawyers using encryption arrived?
The second segment of the show will talk about Tom’s switch from the iPhone to the Android smartphone. Learn how and why he made the decision to make the change and his review, so far.
Special thanks to our sponsor, Transporter.
The second segment of the show will talk about Tom’s switch from the iPhone to the Android smartphone. Learn how and why he made the decision to make the change and his review, so far.
Special thanks to our sponsor, Transporter.
No district court jurisdiction for federal employee challenging adverse employment action (6-3)
The US Supreme Court held this morning that the Civil Service Reform Act (CSRA) precludes district court jurisdiction over Elgin's claim that his removal from federal service was based on an unconstitutional statute. The procedural route prescribed by the CSRA is by appeal to the Merit Systems Protection Board (MSPB) and, if dissatisfied with the result, appeal to the Federal Circuit, whose decisions in turn are reviewable by the Supreme Court.
Elgin v. Dept of Treasury (US Supreme Ct 06/11/2012)
A federal statute bars employment in the executive branch of male citizens who failed to register for the draft. Elgin, who had been discharged from his job, first challenged the decision before the MSPB - arguing that the statutory bar was unconstitutional - but an ALJ dismissed his case on the ground that the MSPB lacked authority to review the constitutionality of a federal statute. Rather than appealing from that decision, Elgin sued in federal district court.
The US Supreme Court held that the district court lacked jurisdiction because it is "fairly discernable" from the CSRA's text, structure, and purpose that Congress precluded district court jurisdiction over Elgin's claims. Based on CSRA's text and structure, there is no exception for constitutional challenges to federal statutes. If the MSPB lacks power to hear such claims, they can be meaningfully addressed by the Federal Circuit.
The DISSENT argued that Elgin's "constitutional claims are a far cry from the type of claim that Congress intended to channel through the [MSPB]."
Source: http://www.lawmemo.com/blog/2012/06/no_district_cou.html
free lawyers free legal advice free legal aid getting power of attorney government lawyer
PSA: Still Time To Sign Up For Advance iPad From The ABA
It's not your iPad, but your Advanced iPad.
Heh. Those days are gone. Aren't you glad we have CLE requirements to make us better lawyers so that we can better serve our clients. And for those who think I might be too much of a luddite to appreciate the virtues of an iPad, I already learned all about it via this video.
H/T Leo Mulvihill
© 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.
Program Description
Few technologies have so quickly and positively affected the legal profession as has the iPad®. Join us for this live iPad® demonstration to learn even more amazing things your iPad can do and how it can benefit your law practice. We'll cover just a few of the practical iPad® tips and then delve deep in to a discussion and demonstration of legal specific apps and forensic iPad® tools.
And you get 1.5 CLE credits for this. The program faculty will be:
Adriana Linares, Legal Technology Trainer and Consultant, LawTech Partners, Winter Park, FLRemember the old days when CLE taught things like cross-examination or ethics? Or when an association like the ABA drew its speakers from people who could find the courthouse without the GPS on their iPhone?
Malcolm Harsch (Moderator), Associate Director, American Bar Association, Chicago, IL
Heh. Those days are gone. Aren't you glad we have CLE requirements to make us better lawyers so that we can better serve our clients. And for those who think I might be too much of a luddite to appreciate the virtues of an iPad, I already learned all about it via this video.
H/T Leo Mulvihill
© 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.
Gone Clio with Attorney Anthony Reeves
On this edition of Gone Clio, Clio co-founder Jack Newton talks with special guest, Anthony Reeves of the Reeves Law Firm. Anthony talks about cloud computing and security, flexibility of using Clio for his practice and the role Internet access plays in serving his clients.
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/10/gone-clio-with-attorney-anthony-reeves/
financial lawyer find a lawyer find an attorney find attorney find lawyer
Legal Events to Watch This Week
This week: The Supreme Court has saved its blockbuster rulings for the last few days of this term.
Source: http://blogs.wsj.com/law/2013/06/24/legal-events-to-watch-this-week-58/?mod=WSJBlog
find an attorney find attorney find lawyer free attorney consultation
A Civil Remedy
Professor Kate Nace Day of Suffolk University Law School discusses her new film, "A Civil Remedy," which premieres at the Brattle Theatre on April 26, 2012. For more information, go to http://filmandlaw.com/film.html.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/04/a-civil-remedy/
commercial law common law company law conservator copyright lawyer
Nourishing Creativity with Constraints
Hosts Dennis Kennedy and Tom Mighell are exploring a new social media outlet called Vine where users create videos, constricted to six-seconds in length. This inspired the discussion of nourishing creativity with a length constraint. Twitter limits users to 140 characters, Instagram allows only one photo per post, and Snapchat limits users to sending a photo for 10 seconds or less before it disappears from both the sender and the recipient’s device. On this episode of Kennedy Mighell report, your hosts will discuss how technology constraints can produce surprising results for lawyers, whether they participate in social media or not.
Source: http://legaltalknetwork.com/podcasts/2013/04/nourishing-creativity-with-constraints
free lawyer consultation california free lawyers free legal advice free legal aid
So You Think You Like Bicycles ...
Don't get me wrong. As a daily bicycle commuter, The Juice really likes bicycles, just not this much. Read this, from thelocal.se, and you'll be clicking below to read the entire article.
Östersund police are investigating whether there is any connection between the recent spate of masturbation bike attacks with similar incidents from 2007.You'll find the rest of the article here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/kbTJ-jYbu2M/post_706.html
Tuesday, June 25, 2013
Liability After Facebook’s IPO
Facebook’s super-hyped IPO quickly turned into Wall Street folly. Lawsuits were filed almost immediately. Accusations of selective financial disclosure, investor deception and NASDAQ negligence are flying. So who is to blame? And who is liable? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the legal story of Facebook’s botched IPO and pending litigation from John P. ("Sean") Coffey, Managing Director at BlackRobe Capital Partners, and Scott M. Berman, Partner at Friedman Kaplan Seiler & Adelman.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/liability-after-facebooks-ipo/
private lawyer pro bono lawyers probate attorney real estate attorney
Metadata: What You Can’t See Can Hurt You!
Many are hearing about metadata in articles and blogs, but secretly admit that they don’t fully understand what it is. Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, join Karen Massand, the President of Litéra, to take a look at metadata, whether it takes an expert to find metadata in documents, leaking hidden data, and the new metadata problem caused by the "bring your own device movement".
getting power of attorney government lawyer green card lawyer immigration attorney immigration law
Delaware Supreme Court Affirms Preclusive Effect of Non-Delaware Dismissals and Rejects Irrebuttable Presumption That a Derivative Plaintiff Who Fails to Conduct a Section 220 Inspection Is an Inadequate Representative
In Pyott v. Louisiana Municipal Police Employees’ Retirement System, No. 380, 2012, 2013 WL 1364695 (Del. Apr. 4, 2013), the Delaware Supreme Court held the Delaware Court of Chancery erred in refusing to dismiss a derivative complaint nearly identical to one brought by different stockholders in federal court in California, which the federal court had earlier dismissed for failure to plead demand futility. According to the Supreme Court, the Chancery Court’s constitutional obligation to give full faith and credit to other state and federal judgments required it to apply California (not Delaware) collateral estoppel law, and that law clearly precluded the Delaware action. The Supreme Court also held the federal plaintiffs’ failure to first conduct a books and records inspection of Section 220 of the Delaware General Corporation Law (“Section 220”), 8 Del. Code § 220, before filing suit did not, by itself, give rise to an irrebuttable presumption that they had inadequately represented the corporation. The Court of Chancery had applied such presumption in further refusing to dismiss the Delaware action on collateral estoppel grounds. This decision provides greater certainty to Delaware corporations hit with derivative actions in multiple jurisdictions.
On September 1, 2010, following a Department of Justice investigation, Allergan, Inc. (“Allergan”) announced it had pled guilty to a pharmaceutical misbranding violation, agreeing to pay $600 million in fines. Two days later, a pension fund stockholder filed a derivative action in the Delaware Court of Chancery. Over the next three weeks, other stockholders filed derivative actions in the United States District Court for the Central District of California, which were consolidated.
Allergan and its directors moved in both courts to dismiss the actions for failure to plead demand futility under Delaware Chancery Rule 23.1 and its federal equivalent, Federal Rule of Civil Procedure 23.1. The Chancery Court postponed briefing to allow another Allergan stockholder, also a pension fund, to complete a Section 220 books and records inspection and intervene as a party in the Delaware action. Ultimately, in July 2011, the Delaware and California plaintiffs “filed essentially the same amended complaint in their respective courts,” and Allergan again filed motions to dismiss in each court. Shortly before argument on the motion in Delaware, the California federal court, applying Delaware law, dismissed with prejudice the California action for failure to plead demand futility. The parties in the Delaware action thereafter addressed the preclusive effects of the California judgment in supplemental briefing.
The Chancery Court determined collateral estoppel did not apply. Collateral estoppel requires privity between the current plaintiffs and those in the former action. Because the corporation, Allergan, is the real plaintiff in a derivative suit, numerous jurisdictions, including California, would find the requisite privity between the Delaware and California plaintiffs. But the Chancery Court, purporting to apply Delaware’s demand futility law, determined no privity existed because the California plaintiffs had not yet survived a motion to dismiss for failure to make a demand on the board, and so were not acting for Allergan at the time of dismissal. It further ruled that by failing to first conduct a Section 220 inspection before filing suit, the California plaintiffs acted “to maximize the potential returns of the specialized law firms who filed suit on their behalf” and, by presumption, inadequately represented Allergan. For this reason as well, the Chancery Court held that the California dismissal could have no preclusive effect. It went on to find the Delaware amended complaint stated a claim for relief.
The Delaware Supreme Court reversed. It first found that the Chancery Court failed to afford the California federal court’s decision the “same force and effect as it would be given under the preclusion rules of the state in which the federal court is sitting” — in this case, California. According to the Supreme Court, the Chancery Court “conflated collateral estoppel with demand futility.” The motion to dismiss, however, was “based [solely] on collateral estoppel, [and] was about federalism, comity, and finality.” Thus, the Chancery Court should have applied California law, which deems “differing groups of shareholders who can potentially stand in the corporation’s stead . . . in privity for the purposes of issue preclusion.” Without deciding the issue, the Supreme Court noted that the Courts of Chancery are in fact split on the privity issue.
With respect to the Chancery Court’s ruling on the inadequacy of the California stockholder plaintiffs, the Supreme Court characterized the Chancery Court as having “sua sponte announced and applied an irrebuttable presumption that derivative plaintiffs who file their complaints without seeking books and records, very shortly after the announcement of a ‘corporate trauma,’ are inadequate representatives.” The Supreme Court declared, however, that “[w]e reject the ‘fast filer’ irrebuttable presumption of inadequacy.” Although it acknowledged that “fast filers” may be inadequate, there “is no record support for the trial court’s premise that stockholders who file quickly, without bringing a § 220 books and records action, are a priori acting on behalf of their law firms instead of the corporation.” Without the presumption, it held the Chancery Court had no basis to deem the California plaintiffs inadequate, particularly since the California complaint was so similar to the Delaware complaint, which the Chancery Court found adequately stated a claim for relief. The Supreme Court added that trial court efforts to address the “fast filer” problem “should be directed at the lawyers, not the stockholder plaintiffs or their complaints.”
Pyott strongly reaffirms the use of collateral estoppel by defendants to ensure that dismissals outside Delaware on for failure to plead demand futility have preclusive effect within Delaware. At the same time, by refusing to draw an inadequacy-of-representation inference from “fast filer” conduct alone, Pyott casts doubt on the use of any form of “fast filer” presumption, including the rebuttable presumption the Chancery Court adopted just last year to ensure that its dismissal of a derivative complaint (filed before any books and records inspection) had no preclusive effect on the future litigation efforts of other stockholders whose inspection demands were pending. See South v. Baker, C.A. No. 7294-VCL, 2012 Del. Ch. LEXIS 229 (Del. Ch. Sept. 25, 2012) [blog article here]. In fact, by stating that trial courts should direct their efforts to address “fast filer” behavior at plaintiffs’ counsel, and not plaintiffs (or their complaints), the Delaware Supreme Court is arguably signaling that the fast-filing issue is not a proper collateral estoppel consideration.
For further information, please contact John Stigi at (310) 228-3717 or John Landry at (213) 617-5561.
dumb laws dwi lawyer electronic power of attorney employment attorney
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.
electronic power of attorney employment attorney employment law employment law courses employment lawyer
Perhaps This Man Is In The Wrong Line Of Work ...
Perhaps Barry Accordi was an excellent police officer. It's quite clear, though, that he's really not cut out to be a "Humane Officer," which is the job he took after retiring as a sergeant. As reported by wkyc.com:
The Ohio Society for the Prevention of Cruelty to Animals wants Humane Officer Barry Accorti fired for allegedly shooting five kittens in a home's back yard on Monday.Say what?
Accorti retired as a sergeant with the North Ridgeville Police Department a few years ago and was hired as a part-time humane officer with the department.Apparently everything was going okay until ...
Accorti responded to a home Monday afternoon where a feral mother cat and her five kittens were living in a woodpile.
He allegedly told the homeowner that shelters were full and that the cats would be going to kitty heaven. He then pulled out his gun and shot to death the five, 8- to 10-week-old kittens.The Juice has no words for that.
Accorti allegedly told the homeowner that he isn't supposed to do this, but it was justifiable. The woman ran into the house to shield her children who were screaming and crying.Shazam! The fallout from this is still occurring. You can read more (A LOT) here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/dEce10lao8g/post_696.html
Hiring Your First Employee
Hiring your first employee can feel like jumping off a cliff, but in some circumstances it can lead to more efficiency and profits. 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 joins Lee Rosen, founder of the Rosen Law Firm, a North Carolina family law firm, blogger and practice management guru and Attorney Scott Stewart, from The Law Offices of Scott David Stewart out of Arizona, to talk about how to make the first hire a successful hire.
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/03/hiring-your-first-employee/
legal news legal services lemon law letter of attorney litigation attorney
Law School Graduate Unemployment Rate Creeps Up
Depending on the way you look at it, the job market for law school graduates is continuing to erode. Or it's showing faint signs of improvement.
Source: http://blogs.wsj.com/law/2013/06/20/law-school-graduate-unemployment-rate-creeps-up/?mod=WSJBlog
legal aid eugene oregon legal aid society legal counsel legal help
Subscribe to:
Posts (Atom)