Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/liability-after-facebooks-ipo/
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Saturday, August 31, 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.
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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Maritime Injuries and Structured Settlements
You don't hear much about maritime law until a huge disaster like the Costa Concordia cruise ship, which ran aground off the coast of Italy earlier this year. But the fact is, maritime accidents happen frequently and people are often left severely injured. On Ringler Radio, host Larry Cohen and co-host, Keith Christie join guest, Attorney Charles Leche, a partner at Deutsch, Kerrigan & Stiles, as they take a look at maritime law and how injured parties can have a financially secure future through structured settlements.
LawBiz® Legal Pad: The Best Laid Plans: Why Every Law Firm Needs Them, Part 1
Ed discusses why a law firm needs a business plan.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/TBnF2NgGiUY/
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LawBiz® Legal Pad: Bringing in the $'s - Collections
Are you billing appropriately? This week, Ed will offer handy tips that will help you collect what you billed to make sure that you're getting paid.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/aDgif5ZhsK4/
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Education Group Urges Holder to Abandon Voucher Challenge
Education Group Urges Holder to Abandon Voucher Challenge
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IP Intensive Industries: Part One
Professor David L. Lange, Melvin Shimm Professor of Law at Duke University Law School, joins us for our latest Intellectual Property podcast. Learn more about Professor Lange at http://www.law.duke.edu/fac/lange.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/ip-intensive-industries-part-one/
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Welcome Back, Spitzer
Nature abhors a vacuum, and Eliot Spitzer didn't have much to do after his foray into TV punditry crashed and burned, a few times. It was a match made in...New York. The disgraced former governor, marauding attorney general, overly ambitious assistant district attorney, horn-dog hypocrite and liar, now wants to do the books for New York City.
Well, not really do the books, as he wants to use the oversight authority of the Comptroller's office to once again become the sheriff of something. He got a lot of mileage out of playing sheriff, as the public loves the pretense of someone in public officer "fixing" the people they hate. Few were able to create targets of derision better than Spitzer, enough so that when he used bazookas to go after flies, even innocent flies, the only sound from the groundlings was applause.
At Cato, Walter Olson reminds us of who this Spitzer guy was before his fall from grace. But hubris never takes a day off, so Spitzer made his pitch:
© 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.
Well, not really do the books, as he wants to use the oversight authority of the Comptroller's office to once again become the sheriff of something. He got a lot of mileage out of playing sheriff, as the public loves the pretense of someone in public officer "fixing" the people they hate. Few were able to create targets of derision better than Spitzer, enough so that when he used bazookas to go after flies, even innocent flies, the only sound from the groundlings was applause.
At Cato, Walter Olson reminds us of who this Spitzer guy was before his fall from grace. But hubris never takes a day off, so Spitzer made his pitch:
On “CBS This Morning,” Spitzer said, “I sinned, I owned up to it, I looked them in the eye, I resigned, I held myself accountable. I think that was the only right thing to do. There’s a record there that I hope they will look to and say, ‘yes, the comptroller’s position is one that fits his skill set and we hope that we can bring him back for public service.’”Some might think the generous thing to do, particularly from someone inclined toward redemption as befits a criminal defense lawyer, would be to accept his concession of wrongdoing, the price he paid by giving up the post of governor with his wife (could she be described as cuckolded?) forced to stand next to him as if this wasn't a humiliation so far beyond anything she could ever imagine happening to her.
And yet, while his announcement has produced no end of hilarity in some circles, it should be taken with brutal seriousness. George Santayana's warning comes to mind, though it strikes me as needing a slight adjustment here. It's not that we've forgotten the past of Eliot Spitzer, but maybe we just can't muster the will to reject him despite the past. There just isn't anyone else around who has enough name recognition, star stature, to interest us, unless Kim Kardashian jumps into the race.
It's not that there aren't other people whose ideas are worthy of our political consideration, but, heck, Americans need to be spoonfed what they think because critical thought makes our head hurt and takes us away from important bonding time at fast food restaurants and in front of computer gaming consoles.
"Spitzer? Yeah, I remember that name. He was, like, somebody once, right? Pass me a beer."
Even local newspapers aren't particularly outraged. In fact, because of what the New York Post calls a "talent drought," they are preparing to do what they never do: forgive. Newsday says his candidacy is "worth a look," a curious position given its rush to convict the amorphous unindicted and forgive the admitted criminal. The Daily News takes a more level headed approach, relating the hard facts of his failures as governor to the job of comptroller to remind people that Spitzer would be a disaster even if he wasn't pond scum otherwise.
Since SJ isn't political, you might wonder why I've written a post about Spitzer, who wouldn't be eligible to vote no less run had he been prosecuted like a regular guy for what he did. Because Eliot Spitzer would be the first guy, aside from Rudy Giuliani and Joe McCarthy, to string you up for a millisecond of adoration.
Is it unduly hopeful to believe that the age of the popular appeal of the avenging angel is over? Is it wrong to hope that the public bloodlust for "getting" someone, anyone, so that we can pretend we've rid society of all the people who make our lives unpleasant and can go back to a time when we can only take for ourselves?
Eliot Spitzer reflected the worst of us. Then he was gone, destroyed by his own hand as the overly righteous should be. And now he's back? Will we reject him and all he represents because we've had enough of the avenging angels? Or are we as still as angry and mindless as we were when he was crowned governor?
Go away, Spitzer. Just go away.
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/07/09/welcome-back-spitzer.aspx?ref=rss
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Friday, August 30, 2013
Ex-Pillsbury Lawyer's Ethical Lapses Spur Second Sanction
The Maryland Court of Appeals has suspended a former Pillsbury associate's license to practice law in the state for six months. According to the court's per curiam opinion, the ethical lapses began almost as soon as he joined Pillsbury.
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Federal Court Backs Calif. Ban On Conversion Therapy For Minors
California's pioneering law that prohibits treating young gay people with psychotherapy in an attempt to change their sexual orientation has cleared a constitutional challenge in federal appeals court. The law was put on hold after its opponents won an injunction last December.
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Future Law Office: Top Technology Trends Reshaping the Legal Field
In this video podcast of The Robert Half Legal Report, Charles Volkert, executive director of Robert Half Legal, and Robert Ambrogi, co-host of Lawyer2Lawyer on the Legal Talk Network discuss how law firms and corporate legal departments are leveraging technology to improve services and streamline workflow. They share key findings from Future Law Office, Robert Half Legal’s annual research program that examines important developments in the legal profession.
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NLRB's recent significant decisions
The NLRB this week made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. The Board continues with three members, Chairman Mark Gaston Pearce and Members Richard F. Griffin, Jr. and Sharon Block.
The decisions touch on a variety of issues including social media postings, charter school jurisdiction, backpay awards, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a contract.
Hispanics United of Buffalo
The Board found that the employer unlawfully fired five employees because of their Facebook posts and comments about a coworker who intended to complain to management about their work performance. In its analysis, the Board majority applied settled Board law to the new world of social media, finding that the Facebook conversation was concerted activity and was protected by the National Labor Relations Act. Member Hayes dissented.
Alan Ritchey, Inc.
In a unanimous decision that resolved the last of the two-member cases returned following the 2010 Supreme Court decision in New Process Steel, the Board found that where there is no collectively-bargained grievance-arbitration system in place, employers generally must give the union notice and an opportunity to bargain before imposing discipline such as a discharge or suspension on employees. Member Hayes was recused.
Latino Express
In a decision that will affect most cases in which backpay is awarded, the Board decided to require respondents to compensate employees for any extra taxes they have to pay as a result of receiving the backpay in a lump sum. The Board will also require an employer ordered to pay back wages to file with the Social Security Administration a report allocating the back wages to the years in which they were or would have been earned. The Board requested briefs in this case in July 2012. Member Hayes did not participate in the case.
Chicago Mathematics & Science Academy
Rejecting the position of a teachers’ union, the Board found that it had jurisdiction over an Illinois non-profit corporation that operates a public charter school in Chicago. The non-profit was not the sort of government entity exempt from the National Labor Relations Act, the Board majority concluded, and there was no reason for the Board to decline jurisdiction. Member Hayes dissented in part.
United Nurses & Allied Professionals (Kent Hospital)
The Board, with Member Hayes dissenting, addressed several issues involving the rights of nonmember dues objectors under the Supreme Court’s Beck decision. On the main issue, the majority held that, like all other union expenses, lobbying expenses are chargeable to objectors, to the extent that they are germane to collective bargaining, contract administration, or grievance adjustment. The Board invited further briefing from interested parties on the how it should define and apply the germaneness standard in the context of lobbying activities.
WKYC-TV, Gannet Co.
Applying the general rule against unilateral employer changes in terms and conditions of employment, the Board found that an employer’s obligation to collect union dues under a check-off agreement will continue after the contract expires and before a bargaining impasse occurs or a new contract is reached. Member Hayes dissented.
Source: http://www.lawmemo.com/blog/2012/12/nlrbs_recent_si.html
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Choosing a Law Firm Entity Structure
On this October edition of The Legal Toolkit, Jared Correia, Senior Law Practice Advisor with Mass. LOMAP, joins Chiara LaPlume, principal of LaPlume Law, LLC and Sofia Lingos, principal of Lingos Law, to address entity choice for lawyers and law firms. Chiara and Sofia run down the options for law firms and solo lawyers (including d/b/a’s and limited liability entities), talk about why it’s essential to have a partnership agreement and relay why it may useful for an attorney to hire another lawyer to help them get incorporated.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/10/choosing-a-law-firm-entity-structure/
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What Honeybaked Ham Can Teach Us About the Future of Ediscovery
Bring your own device (BYOD) and bring your own cloud (BYOC) policies have become increasingly prevalent in the corporate world. Analyst firm Gartner predicts that by 2017, half of all employers will require employees to provide their own technology devices for work. How these changes will impact employers and the discoverability of data on employee’s personal devices are topics that will likely predominate discussions of ediscovery in the future. Join Michele Lange, Kroll Ontrack’s Director of Thought Leadership, along with colleagues Alan Brill and Chris Wall for this edition of The ESI Report as they discuss the recent Honeybaked Ham case and the effect it has on these timely ediscovery issues.
• Alan Brill, Senior Managing Director of Kroll Advisory Solutions, is founder of Kroll’s high-tech investigation practice and a consultant for law firms and corporations concerning computers and digital technology. He has appeared on 60 Minutes, Good Morning America, The Wall Street Journal, USA Today, and many other programs and publications.
• Chris Wall, Senior Account Executive for Kroll Ontrack, counsels legal professionals on ways to locate, filter, and produce electronic documents, as well as how to safeguard the integrity of electronic data when litigation is imminent.
• Alan Brill, Senior Managing Director of Kroll Advisory Solutions, is founder of Kroll’s high-tech investigation practice and a consultant for law firms and corporations concerning computers and digital technology. He has appeared on 60 Minutes, Good Morning America, The Wall Street Journal, USA Today, and many other programs and publications.
• Chris Wall, Senior Account Executive for Kroll Ontrack, counsels legal professionals on ways to locate, filter, and produce electronic documents, as well as how to safeguard the integrity of electronic data when litigation is imminent.
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Saudi Arabia criminalizes domestic violence
[JURIST] Saudi Arabia's cabinet on Monday passed a new law that would criminalize different forms of abuse at home and in workplace. Offenders may be imprisoned [Saudi Gazette report] for a term ranging from one month to a year or fines between 5,000 and 50,000 Saudi riyals (USD $1,300 to $13,333). For repeat offenders, penalties may be doubled. The new law also requires third parties knowledgeable about any violations to report to authorities. In addition to criminal sanctions, the law...
Source: http://jurist.org/paperchase/2013/08/saudi-arabia-criminalizes-domestic-violence.php
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Code X: Stanford Law's Hotbed of Legal Technology Startups
In the Law Technology News June cover story, "Silicon Startups," reporter Tam Harbert describes how Stanford University's Law School has become the "vortex" for entrepreneurship in legal technology. The law school has joined forces with the University's engineering and computer science departments to create the Center for Legal Informatics laboratory — dubbed Code X. Among the results is Lex Machina, a startup offering a rich database of intellectual property litigation information that helps law firms, corporate counsel, and the government refine their trial and settlement strategies. The company just completed a second round of funding, infusing $4.8 million into its war chest. Law Technology News Editor-in-Chief Monica Bay welcomes attorney Roland Vogl, executive director of Code X, to discuss this exciting project on the June edition of Law Technology Now.
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Thursday, August 29, 2013
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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Turn Your Solo Practice into a Highly Utilized Business
Looking to get your solo practice off the ground but aren’t sure how? Learn about the tools you need to turn your solo practice into a highly utilized business when New Solo host and solo practitioner, Attorney Kyle R. Guelcher, talks to Alex Vega ,a law firm consultant with The Vega Firm. Alex shares his great insight on the basic human skills a lawyer needs for a successful practice, how a solo can develop an effective word of mouth campaign and the importance of a realistic marketing plan.
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Human rights groups criticize UAE activists trial
[JURIST] A coalition of international human rights groups on Tuesday criticized [report, PDF] the trial and sentencing of more than 60 activists in the United Arab Emirates (UAE) [BBC backgrounder]. Last month the Supreme Court in Abu Dhabi sentenced [JURIST report] a group of 69 people to prison for associating with the Reform and Social Guidance Association (al-Islah) [advocacy website, in Arabic], a group charged with plotting to overthrow the government. A coalition consisting of the Gulf Centre for Human...
Source: http://jurist.org/paperchase/2013/08/human-rights-groups-criticize-uae-activists-trial.php
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Law Firms Go Mobile
There’s no doubt the net is going more and more mobile. In fact, Facebook recently revealed about half of its 800 million users access their accounts through their smartphones. So what are the implications of this move to mobile for the standard law firm website? In this episode, Dennis Kennedy and Tom Mighell discuss the impact of mobile devices on web design, the web design movement known as Mobile First, and what you can do to optimize your website for the mobile era. 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/2012/04/law-firms-go-mobile/
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Judge Preska: Budget Cuts Hurting SDNY
New York Senator Chuck Schumer probably gets a lot of letters from his constituents kvetching about all manner of issues affecting their lives. But one he received from U.S. District Judge Loretta Preska on Friday will likely stand out.
Source: http://blogs.wsj.com/law/2013/08/26/judge-preska-budget-cuts-hurting-sdny/?mod=WSJBlog
Is Batman Legally Dead?
On this episode of Lawyer2Lawyer, J. Craig Williams chats with Entertainment Lawyer Michael Baroni and superhero-law expert James Daily about the ending of The Dark Knight Rises. Proceed with caution – there are spoilers ahead! The city of Gotham sees Batman die at the end of the film. Does that mean that Bruce Wayne is legally dead, as well? And if so, who gets the batmobiles? Legally speaking, Warner Brothers’ design patent on the batmobile will run out, as will their patent on the story. Will another company fill the role and bring back Batman?
• Baroni has been watching the Batman films since he was a kid and continues to be an enthusiast. Batman fan by night, he works as general counsel for Palace Entertainment by day. He is also a member of the Orange County Bar Association.
• Daily is co-author of the book The Law of Superheroes and the blog Law and Multiverse. Both publications discuss the hypothetical legal ramifications behind comic book characters and their powers. When James isn’t meticulously analyzing the law of comic books and characters, he works in intellectual property and patent law.
Tune in for, what Baroni describes as, the perfect “legal cocktail chatter” on the legalities behind Batman’s death, what he left behind, and the chances of a resurrection of one of America’s most beloved comic-book characters.
Special thanks to our sponsor, Clio.
• Baroni has been watching the Batman films since he was a kid and continues to be an enthusiast. Batman fan by night, he works as general counsel for Palace Entertainment by day. He is also a member of the Orange County Bar Association.
• Daily is co-author of the book The Law of Superheroes and the blog Law and Multiverse. Both publications discuss the hypothetical legal ramifications behind comic book characters and their powers. When James isn’t meticulously analyzing the law of comic books and characters, he works in intellectual property and patent law.
Tune in for, what Baroni describes as, the perfect “legal cocktail chatter” on the legalities behind Batman’s death, what he left behind, and the chances of a resurrection of one of America’s most beloved comic-book characters.
Special thanks to our sponsor, Clio.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2013/07/is-batman-legally-dead/
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Wednesday, August 28, 2013
Legal Implications Surrounding the Meningitis Scare
The New England Compounding Center (NECC) shipped out tainted steroid shots to 23 states in what authorities believe resulted in a national fungal meningitis outbreak. Lawyer2Lawyer host Craig Williams chats with Attorney Michael F. Barrett, a personal injury attorney from the firm, Saltz Mongeluzzi Barrett & Bendesky, PC and Glenn Cohen, Assistant Professor of Law and Co-Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, about the litigation stemming from this meningitis scare, the role of the FDA and CDC and regulation.
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Communicating with Clients
On The Paralegal Voice host Vicki Voisin welcomes guest Beverly Michaelis, president of Oregon Law Practice Management, to talk about the changes in lawyer-client communication since the Internet, and how lawyers can best communicate with their clients. Michaelis is a member of the Oregon Trial Lawyers Association, Oregon State Bar, and American Bar Association. She also has more than experience in the legal field as a lawyer and legal assistant.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/03/communicating-with-clients/
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Iran lawmakers approve bill to sue US for role in 1953 coup
[JURIST] Iran's Parliament [official website, in Persian] on Wednesday approved a bill that would direct the government to sue the US for its involvement during the 1953 coup. The recent decision came amid the release of newly declassified documents [National Security Archive] by the Central Intelligence Agency (CIA) [official website] earlier this month. The documents officially revealed that the CIA was involved in overthrowing then-prime minister Mohammad Mossadegh [profile]. During Wednesday's session, 167 out of 196 lawmakers voted for the...
Source: http://jurist.org/paperchase/2013/08/iran-lawmakers-approve-bill-to-sue-us-for-role-in-1953-coup.php
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The LinkedIn Lawyer
Are you on LinkedIn? Un-Billable Hour host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program chats with Dennis Kennedy, lawyer and co-host of The Kennedy-Mighell Report and Allison Shields, author of Legal Ease Blog, about their recently published book, LinkedIn in One Hour for Lawyers. Dennis and Allison talk about how attorneys are using LinkedIn, and the key features that make LinkedIn a valuable networking and client development tool without consuming all of an attorney’s time.
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/06/the-linkedin-lawyer/
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Justice Department Gets Aggressive On Voting Rights
After the Supreme Court threw out a key provision of the landmark 1965 law in June, the DOJ is taking action. This the department sued the state of Texas over its voter ID law. Texas officials immediately denounced the moves as stepping on states' rights. Host Rachel Martin talks to NPR's justice correspondent Carrie Johnson about the case.
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Source: http://www.npr.org/templates/story/story.php?storyId=215403103&ft=1&f=1070
A Region on the Rebound
Boston's biotech industry is steadily gaining strength, and Portland's alternative energy and tourism sectors are serving that city well. But in areas outside the cities, places where small firms and solo lawyers practice, potential clients are cash-strapped. The upshot for region: movement, ever so slowly, in the right direction.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202615802274&rss=rss_nlj
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The AAPD in 2013 and the Fight for People with Disabilities
The American Association of People with Disabilities (AAPD), is the nation's largest disability rights organization, helping many individuals since its inception. In this podcast, Ringler Radio host Larry Cohen joins co-host, Randy Dyer, and special guest, Mark Perriello, the President and CEO of the AAPD, to talk about AAPD’s mission for 2013, all the great things the organization is involved in and the continued fight for people with disabilities.
The American Association of People with Disabilities 2013 Leadership Awards Gala will be held on Tuesday, March 5, 2013. The AAPD is the nation’s largest "Cross Disability" organization and has raised over $1.7 Million for the 2013 Gala-an all-time record! In addition, over 25 members of Congress plan to attend.
The American Association of People with Disabilities 2013 Leadership Awards Gala will be held on Tuesday, March 5, 2013. The AAPD is the nation’s largest "Cross Disability" organization and has raised over $1.7 Million for the 2013 Gala-an all-time record! In addition, over 25 members of Congress plan to attend.
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Tuesday, August 27, 2013
The Difference Between ‘Trump U’ and ‘Hamburger U’
New York Attorney General Eric Schneiderman claims Donald Trump's education company violated state law by calling itself a "university." So how do you get to be a university in New York?
Source: http://blogs.wsj.com/law/2013/08/27/the-difference-between-trump-u-and-hamburger-u/?mod=WSJBlog
An Interesting Way To Smuggle Opiates Into Jail
Regular Juice readers know about the various ways people smuggle things into jail, many of which are NSFW. This is a new one on The Juice. As reported by the Pinellas County Sheriff's Office (Florida):
Deputies have arrested a Trinity woman after she concealed suboxone strips behind stamps on envelopes and mailed them to two inmates at the Pinellas County. The inmates in turn distributed and sold the controlled substance to other Pinellas County Jail inmates. Since the investigation began on August 1, 2013, deputies intercepted a total of 11 pieces of mail containing the opiate.Pretty clever. Suboxone is also known as "heroin in a breath strip." These folks had quite a business going, what with each stamp selling for $20. You can read more, and see the mug shot of smuggler here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/-BOGYN_amgE/post_759.html
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On Marijuana, Senate Wants to Know: Prosecute or Pass?
Nearly a year after voters in two states legalized marijuana possession, the Senate Judiciary Committee chairman once again plans to ask Justice Department officials how they will handle the conflict between state and federal marijuana laws.
An Update on Long-Term Disability
Long-term disability insurance can be a complex area of insurance law for lawyers and consumers. On this edition of Ringler Radio, host Larry Cohen joins colleague Tony Robinson and guest, Deborah M. Nelson, Partner at Nelson Boyd PLLC, to give us a refresher course on long-term disability insurance. Deborah discusses the difference between other types of insurance policies, the application process for disability benefits and some of the common questions individuals have when it comes to long-term disability policies, especially when it comes to the areas of traumatic brain injury and insurance litigation.
Visit Ringler Associates to contact a consultant in your area about structured settlements.
Visit Ringler Associates to contact a consultant in your area about structured settlements.
Source: http://ringlerradio.com/podcasts/ringler-radio/2013/06/an-update-on-long-term-disability/
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Zimmerman Seeks to Recoup Legal Costs; Fort Hood Anguish
Law Blog rounds up the morning's news.
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Ouch! Lessons Learned from the Morgan Lewis’ Redaction Disaster
Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc.,and John W. Simek, Vice President of Sensei Enterprises, join Christine Musil, the Director of Marketing for Informative Graphics, as they take on the Morgan Lewis’ Redaction Disaster. In that case, Morgan Lewis accidentally filed an exhibit that contained unredacted information, information its client had spent a lot of money to protect from disclosure. Christine explores the most common redaction mistakes, how these mistakes can be avoided and the benefits and pitfalls of electronic redaction vs. the traditional paper-based method.
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Legal Translation Services for Law Firms
When should a law firm consider either translation or interpretation services? Jared Correia, the host of The Legal ToolKit and Law Practice Management Advisor with Mass. LOMAP gets the answer from George Rimalower, founder and president of ISI Translations, Inc. Jared and George also explain the benefits of using a translation service and how these services can boost your legal firm’s bottom line.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/06/legal-translation-services-for-law-firms/
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Planning for Your Digital Estate
With so much of your key information and assets migrating online, it’s a challenge to remember all your passwords and accounts. So just imagine the headaches your spouse or family will have trying to figure it all out once you pass away. On this Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss how to prepare your “digital estate” before death or incapacity. 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.
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Monday, August 26, 2013
Ringler's Top Ten on Structured Settlements
Even though structured settlements have been around a long time, false impressions about products and services still remain. There are a lot of moving parts involved in a claim’s settlement, and lots of financial and legal information swirling around the process. In this podcast, Ringler Radio host Larry Cohen joins colleagues, Jim Early and Bill Wakelee, to debunk the misconceptions sometimes seen in the structured settlement industry, and clarify through their top ten on structured settlements.
Former NFL Great Terrell Owens Suing Agent
Former NFL wide receiver Terrell Owens is suing his one-time agent Drew Rosenhaus, claiming he steered him to an "incompetent and unethical" financial adviser. Owens is seeking $6.5 million in the lawsuit.
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Holder Would Make Texas a Test Case Over Voting Limits
The U.S. Department of Justice announced two legal actions that will make Texas the battleground over voter rights enforcement--and the spot where Attorney General Eric Holder Jr. makes a stand for the weakened Voting Rights Act of 1965.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202616614477&rss=rss_nlj
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A Look Ahead: Hiring and Compensation Trends for 2013
In this edition of The Robert Half Legal Report, host George Denlinger, senior district president for Robert Half Legal, and attorney Charles Volkert, executive director of Robert Half Legal, discuss high-growth specialties and career opportunities for 2013. They reveal the latest trends in hiring and compensation affecting the legal field, the qualities employers are seeking when making new hires and must-have advice for job seekers.
Source: http://www.roberthalflegal.com/podcasts
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Are American Law Schools Failing Students?
In his new book, Failing Law Schools, Washington University Law Professor Brian Tamanaha claims the American law school system is broken. He blames many institutional practices including skyrocketing tuition, bloated faculties, and unnecessary school rankings. But is this a fair critique? Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, examine these issues and more with Professor Tamanaha and Dean Susan Poser from the University of Nebraska College of Law.
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NLRB: Firing for Facebook posting was legal
Let the NLRB's press release tell the story:
The National Labor Relations Board has found that the firing of a BMW salesman for photos and comments posted to his Facebook page did not violate federal labor law, because the activity was not concerted or protected. [Decision here]The question came down to whether the salesman was fired exclusively for posting photos of an embarrassing and potentially dangerous accident at an adjacent Land Rover dealership, or for posting mocking comments and photos with co-workers about serving hot dogs at a luxury BMW car event. Both sets of photos were posted to Facebook on the same day; a week later, the salesman was fired from Knauz BMW in Lake Bluff, IL.
The Board agreed with Administrative Law Judge Joel P. Biblowitz, who found after a trial that the salesman was fired solely for the photos he posted of a Land Rover that was accidently driven over a wall and into a pond at the adjacent dealership after a test drive. Both dealerships are owned by the same employer.
In a charge filed with the NLRB, the salesman maintained that he was principally fired for posting photos and sarcastic comments about his dealer serving hot dogs, chips and bottled water at a sales event announcing a new BMW model. “No, that’s not champagne or wine, it’s 8 oz. water,” the salesman commented under the photos. Following an investigation,the regional office issued a complaint. Judge Biblowitz found that this activity might have been protected under the National Labor Relations Act because it involved co-workers who were concerned about the effect of the low-cost food on the image of the dealership and, ultimately, their sales and commissions.
The Land Rover accident was another matter. A salesperson there had allowed a customer’s 13-year-old son to sit behind the wheel following a test drive, and the boy apparently hit the gas, ran over his parent’s foot, jumped the wall and drove into a pond. The salesman posted photos of the accident with sarcastic commentary, including: “OOPS”.
The National Labor Relations Act protects the group actions of employees who are discussing or trying to improve their terms and conditions of employment. An individual’s actions can be protected if they are undertaken on behalf of a group, but the judge found, and the Board agreed, that was not the case here.
As Judge Biblowitz wrote, “It was posted solely by [the employee], apparently as a lark, without any discussion with any other employee of the Respondent, and had no connection to any of the employees’ terms and conditions of employment. It is so obviously unprotected that it is unnecessary to discuss whether the mocking tone of the posting further affects the nature of the posting.” Because the posts about the marketing event did not cause the discharge, the Board found it unnecessary to pass on whether they were protected.
However, the three-member panel differed in its opinions of a “Courtesy” rule maintained by the employer regarding employee communications. Chairman Mark Gaston Pearce and Member Sharon Block found the language of the rule to be unlawful because employees would reasonably believe that it prohibits any statements of protest or criticism, even those protected by the National Labor Relations Act.
Dissenting, Member Brian E. Hayes found that the employer’s rule was “nothing more than a common-sense behavioral guideline for employees” and that “nothing in the rule suggests a restriction on the content of conversations (such as a prohibition against discussion of wages)”.
The Board ordered Knauz BMW to remove the unlawful rules from the employee handbook and furnish employees with inserts or new handbooks. The decision, dated Sept. 28 but made public today, was the Board’s first involving a discharge for Facebook postings; other such cases are pending before the Board.
Source: http://www.lawmemo.com/blog/2012/10/nlrb_firing_for.html
Cybersecurity: 36 Questions Every Director Should Ask
Cyber security, data loss, hacking and schemes to steal personal information and assets electronically are all over the news daily. Companies are the primary targets of these actions since they accumulate information, store it and use it for their internal efforts, for their clients and in interacting with the world outside. In an effort to prevent problems before they arise, and to be in the best possible posture should their company become a victim of these damaging events, below is a list of questions that general counsel, senior management and corporate directors should be asking of themselves and their companies:
- Why should my company be concerned?
- Who would want to target us?
- Is the problem likely to come from within or outside the company?
- What components of the company are tied directly to computer networks?
- What company records are accessible by network?
- Can someone explain to me in layperson language how we are protected?
- Who is ultimately responsible for the integrity of our system/data?
- How can I be assured that our security is up to date?
- Do we need a Chief Privacy Officer?
- How do we control the authorization of access?
- Is the level of access commensurate with the job responsibilities?
- How do we withdraw access?
- What alarms/indicators does our network have to show unauthorized access?
- What’s the plan for an interruption of service?
- Do we have a secure backup system/offsite data vault/redundant servers and how long until we are up and running “cleanly” after a serious breach?
- How do we prevent authorized users from exploiting the data to which they have access?
- Does the company have adequate internal controls to detect employee abuses?
- Are we vulnerable to worms/viruses or whatever from our own employees bringing software onto our system/network?
- Are we encouraging employees to share their concerns about vulnerabilities?
- Have our independent auditors approved our internal controls for cybersecurity?
- Can we test our systems before there’s a problem?
- Have we retained a qualified company to send “Tiger Teams” against our systems/network to try to hack it and exploit its weaknesses?
- Do we have a rapid response plan?
- Are there companies we can retain who will not only help protect our network, but also help us recover from an attack or successful infiltration?
- Do we have a secure backup system/offsite data vault/redundant servers and how long until we are up and running “cleanly” after a serious breach?
- How expensive could a data breach be?
- Are we adequately insured?
- Has the company sufficiently disclosed to investors the risks of a data breach?
- What laws govern our duties to disclose a data breach?
- How much and when must we disclose?
- What are all the risks of disclosure of an event, whether required by law or not?
- What are the litigation risks to management, the Board, shareholders and the company of a successful hack, data theft and/or system failure?
- Can state or federal investigators help us?
- Are we waiving any legal protections/privileges by disclosing or working with government entities?
- How do we preserve those legal protections/privileges and still do what we need to do?
- What can outside counsel offer the company?
Sheppard Mullin has significant experience in dealing with cybersecurity and privacy issues, both from a legal standpoint and from a data processing/technical standpoint. In addition, Sheppard Mullin has been identifying and working with experts whose job it is to prevent these events, others who help deal with these events when they occur and their aftermath, relevant experienced prosecutors and even insurance professionals who have products covering these kinds of losses.
For further information, please contact Bob Rose at (619) 338-6661 or David Geneson at (202) 218-0030.
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Sunday, August 25, 2013
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/
The LinkedIn Lawyer
Are you on LinkedIn? Un-Billable Hour host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program chats with Dennis Kennedy, lawyer and co-host of The Kennedy-Mighell Report and Allison Shields, author of Legal Ease Blog, about their recently published book, LinkedIn in One Hour for Lawyers. Dennis and Allison talk about how attorneys are using LinkedIn, and the key features that make LinkedIn a valuable networking and client development tool without consuming all of an attorney’s time.
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/06/the-linkedin-lawyer/
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How Medical Apology Programs Harm Patients
Gabriel Teninbaum, Associate Professor of Legal Writing at Suffolk Law, discusses his May 2012 Boston Globe editorial and recent article on how medical apology programs harm patients. Read the article at http://bit.ly/qEUwjh.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/06/how-medical-apology-programs-harm-patients/
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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SEC Eliminates the Prohibition on General Solicitation for Rule 506 and Rule 144A Offerings
On July 10, 2013, the SEC adopted the amendments required under the JOBS Act to Rule 506 that would permit issuers to use general solicitation and general advertising to offer their securities, subject to certain limitations. In addition, the SEC amended Rule 506, as required by the Dodd-Frank Act, to disqualify felons and other bad actors from being able to rely on Rule 506. The long-awaited new rules will allow issuers that are permitted to rely on Rule 506 to more widely solicit and advertise for potential investors, including on the Internet and through social media.
The SEC also adopted an amendment to Rule 144A that provides that securities may be offered pursuant to Rule 144A to persons other than qualified institutional buyers, provided that the securities are sold only to persons that the seller and any person acting on behalf of the seller reasonably believe are qualified institutional buyers.
For more background on the JOBS Act and Rule 506, please see our prior blog entry here.
What changes were made to Rule 506?
The final rule adds a new Rule 506(c), which permits issuers to use general solicitation and general advertising to offer their securities, provided that:
- All purchasers of the securities are accredited investors as defined under Rule 501; and
- The issuer takes “reasonable steps” to verify that the purchasers are all accredited investors.
What are reasonable steps to verify that an investor is accredited?
What steps are reasonable will be an objective determination by the issuer (or those acting on its behalf), in the context of the particular facts and circumstances of each purchaser and transaction. The SEC indicates that among the factors that issuers should consider under this facts and circumstances analysis are:
- the nature of the purchaser and the type of accredited investor that the purchaser claims to be;
- the amount and type of information that the issuer has about the purchaser; and
- the nature of the offering, such as the manner in which the purchaser was solicited to participate in the offering, and the terms of the offering, such as a minimum investment amount.
The final rule provides a non-exclusive list of methods that issuers may use to satisfy the verification requirement for purchasers who are natural persons, including:
- For the income test, reviewing copies of any IRS form that reports the income of the purchaser for the two most recent years and obtaining a written representation that the purchaser will likely continue to earn the necessary income in the current year.
- For the net worth test, reviewing one or more of the following types of documentation dated within the prior three months and obtaining a written representation from the purchaser that all liabilities necessary to make a determination of net worth have been disclosed:
- With respect to assets: bank statements, brokerage statements and other statements of securities holdings, certificates of deposit, tax assessments, and appraisal reports issued by independent third parties; and
- With respect to liabilities: a consumer report from at least one of the nationwide consumer reporting agencies;
- As an alternative to either of the above, an issuer may receive a written confirmation from a registered broker-dealer, SEC-registered investment adviser, licensed attorney, or certified public accountant that it has taken reasonable steps within the prior three months to verify the purchaser’s accredited status.
Simply relying on a representation from the purchaser, or merely checking a box on an accredited investor questionnaire, will not meet the requirement for objective verification.
What actions must an issuer take to rely on the new exemption?
Issuers selling securities under Regulation D using general solicitation must file a Form D. The final rule amends the Form D to add a separate box for issuers to check if they are claiming the new Rule 506 exemption and engaging in general solicitation or general advertising. An issuer is currently required to file Form D within 15 days of the first sale of securities in an offering, but the SEC promulgated proposed rules to require an earlier filing. See “Are there any other changes contemplated for Rule 506?” below.
Will the new rule affect other Rule 506 offerings that do not use general solicitation?
Not directly. The existing provisions of Rule 506 remain available as an exemption. This means that an issuer conducting a Rule 506 offering without using general solicitation or advertising can conduct the offering in the same manner as in the past and will not be subject to the new verification rule.
However, under existing Rule 506, it is the issuer’s obligation to satisfy all conditions of the exemption, including the maximum number of non-accredited investors and the information and sophistication requirements for any non-accredited investors participating in the offering. We expect some issuers will decide to use more robust accredited investor verification procedures to assure compliance with the existing Rule 506 exemption.
Who is excluded from using the Rule 506 exemption?
Under the new rule regarding “bad actors” required by the Dodd-Frank Act, an issuer cannot rely on a Rule 506 exemption (including the existing Rule 506 exemption) if the issuer or any other person covered by the rule has had a “disqualifying event.” The persons covered by the rule are the issuer, including its predecessors and affiliated issuers, as well as:
- Directors and certain officers, general partners, and managing members of the issuer;
- 20% beneficial owners of the issuer;
- Promoters;
- Investment managers and principals of pooled investment funds; and
- People compensated for soliciting investors as well as the general partners, directors, officers, and managing members of any compensated solicitor.
What is a “disqualifying event?”
A “disqualifying event” includes:
- Felony and misdemeanor criminal convictions in connection with the purchase or sale of a security, making of a false filing with the SEC or arising out of the conduct of certain types of financial intermediaries. The criminal conviction must have occurred within 10 years of the proposed sale of securities (or five years in the case of the issuer and its predecessors and affiliated issuers).
- Court injunctions or restraining orders in connection with the purchase or sale of a security, making of a false filing with the SEC, or arising out of the conduct of certain types of financial intermediaries. The injunction or restraining order must have occurred within five years of the proposed sale of securities.
- Final orders from the Commodity Futures Trading Commission, federal banking agencies, the National Credit Union Administration, or state regulators of securities, insurance, banking, savings associations, or credit unions that:
- bar the issuer from associating with a regulated entity, engaging in the business of securities, insurance or banking, or engaging in savings association or credit union activities, or
- are based on fraudulent, manipulative, or deceptive conduct and were issued within 10 years of the proposed sale of securities.
- Certain SEC disciplinary orders relating to brokers, dealers, municipal securities dealers, investment companies, and investment advisers and their associated persons.
- SEC cease-and-desist orders related to violations of certain anti-fraud provisions and registration requirements of the federal securities laws.
- SEC stop orders and orders suspending the Regulation A exemption issued within five years of the proposed sale of securities.
- Suspension or expulsion from membership in a self-regulatory organization (SRO) or from association with an SRO member.
- U.S. Postal Service false representation orders issued within five years before the proposed sale of securities.
What disqualifying events apply?
Only disqualifying events that occur after the effective date of the new rule will disqualify an issuer from relying on Rule 506. However, matters that existed before the effective date of the rule and would otherwise be disqualifying must be disclosed to investors.
Are there exceptions to the disqualification?
Yes. An exception from disqualification exists when the issuer can that show it did not know and, in the exercise of reasonable care, could not have known that a covered person with a disqualifying event participated in the offering. The SEC can also grant a waiver of the disqualification upon a showing of good cause.
How do the new rules affect Rule 144A offerings?
Current Rule 144A permits resales of securities only to larger institutional investors known as qualified institutional buyers (QIBs). The new rules amend Rule 144A so that the exemption can apply when offers are made to investors who are not QIBs, including by means of general solicitation, as long as the securities are sold only to persons whom the seller reasonably believes are QIBs.
When do the new rules become effective?
Both rule amendments will become effective 60 days after publication in the Federal Register.
Are there any other changes contemplated for Rule 506?
In connection with the foregoing final rules, the SEC separately published for comment a proposed rule change intended to enhance the SEC’s ability to assess developments in the private placement market based on the new rules regarding general solicitation. This proposal would require issuers to provide additional information to the SEC, including:
- identification of the issuer’s website;
- expanded information about the issuer;
- information about the offered securities;
- the types of investors in the offering;
- the use of proceeds from the offering;
- information on the types of general solicitation used; and
- the methods used to verify the accredited investor status of investors.
The proposed rule would also require issuers that intend to engage in general solicitation as part of a Rule 506 offering to file the Form D at least 15 calendar days before engaging in general solicitation for the offering. Then, within 30 days of completing the offering, the issuer would be required to update the information contained in the Form D and indicate that the offering had ended.
The proposed rule has a 60-day comment period.
What if you have questions?
For any questions or more information on these or any related matters, please contact any attorney in the firm’s corporate practice group. A list of such attorneys can be found by clicking Lawyers on this page. John Tishler (858-720-8943, jtishler@sheppardmullin.com), John Hempill (212-634-3073, jhempill@sheppardmullin.com), James A. Mercer, III (858-720-7469, jmercer@sheppardmullin.com), Michael Umanksy (858-720-7470, mumansky@sheppardmullin.com), Rob Wernli (858-720-8953, rwernli@sheppardmullin.com), and Lauren Lewis (650-815-2672, lalewis@sheppardmullin.com) participated in drafting this posting.
Disclaimer
This update has been prepared by Sheppard, Mullin, Richter & Hampton LLP for informational purposes only and does not constitute advertising, a solicitation, or legal advice, is not promised or guaranteed to be correct or complete and may or may not reflect the most current legal developments. Sheppard, Mullin, Richter & Hampton LLP expressly disclaims all liability in respect to actions taken or not taken based on the contents of this update.
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