Tuesday, September 4, 2012

Millennials Have No Drive

Via Autoblog comes a statistic of shocking magnitude:

According to a recent study, nearly a third of American 19-year-olds haven't bothered to get their driver's licenses yet. Three decades ago, it was just one in eight who skipped that right of passage, according to Michael Sivak, of the University of Michigan Transportation Research Institute, or UMTRI. Among those 20 to 24, meanwhile, only 81 percent had gotten their licenses in 2010, down from 92 percent in 1983.

I would have willingly given up my left arm for my drivers license when I was seventeen years old. Without hesititation.  The ability to hop in a car and drive, to go where I wanted when I wanted, was more than just a right of passage, but the embodiment of freedom.

And cars were cool.  Guys had pictures of cars on their bedroom walls, the second most dreamed about thing for a teenage boy.

Having seen advertisements for cars over the past decade, I fully understand why young people aren't quite as juiced up about the current crop as I was in the 1970s, Detroit inertia, soccer moms and government regulation having sucked the fun out of cars.  But still, even a minivan can get you far from your parents' watchful eyes, and isn't that what it's all about?

The post, which is primarily concerned with the impact of Gen X's indifference toward cars on the auto industry, makes a half-hearted effort to explain this phenomenon:

Why are young Americans losing their love affair with the automobile? There are any number of explanations. There's the economy, of course, which has even driven millions of older buyers out of the car market. Young buyers, in particular, are more likely to have to settle for higher interest – meaning costlier – subprime loans. Compounding matters, they're facing a market with higher unemployment and lower wages, and are leaving school saddled with massive loan debt.

Of course, that's all meaningless, anyway, for those who don't have a license and don't want one.

Yeah, that doesn't compute at all. We had no money, but that stopped no one from getting their license at the first opportunity.

The biggest reason behind this dwindling love affair might be a series of broad societal shifts. A recent analysis of census data found that for the first time since the launch of the Model T, America's urban population is growing faster than in the suburbs. Even Detroit, with its crumbling neighborhoods, has seen a revival in its downtown core.

Nope, that doesn't explain it either. Young people may be moving to the cities (because they can't afford a house and need a job), but that happens later, and explains nothing about their not getting a license.

Have you ever tried to take a cellphone or iPad away from a teenager? For a large percentage of Millennials, texting has become the preferred form of communication, and "Virtual contact reduces the need for actual contact," suggests UMTRI's Sivak. "We found that the percentage of young drivers was inversely related to the availability of the Internet."

This may be onto something. A generation ago, the only way to get away was to physically leave, to create separation of your bedroom with cowboy sheets and let the wind blow through your long hair.  If your eyes are focused on a screen that provides a substitute for the world outside, you don't need to leave your bedroom to be anywhere. You match wits with a thousand disembodied screen names belonging to people you will never meet, never know, and it satisfies the primal need to connect with others. You find a website somewhere with people who validate you, and get your heroin right through the touchpad.

How did virtual existence replace the real thing?  You can have virtual sex. Be a virtual hero fighting virtual aliens. Drive a virtual Healey. It's nothing like the real thing.



The idea of being 19 years old and unable to get any further away from home than you can walk or your mommy will drive you in the minivan is astounding.  Is this really all you want out of life?  Are you satisfied with a world that consists of a chatroom? 

In a few hours, I plan to jump into this Healey and drive it as fast as the speed limit will allow. I plan to drive along the water, and stop along the way to meet up with some friends of mine, who will be there in person, one in a Healey BN4 and the other in Jaguar XK 120 drophead coupe. 

Is the best you can ever hope for a video of someone doing this?  That's not life.  That's not freedom. And you can't even think of doing it because you don't have a drivers license.


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Source: http://blog.simplejustice.us/2012/09/02/millennials-have-no-drive.aspx?ref=rss

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Second Circuit Holds That SEC Need Not Prove "Proximate Cause" for Aiders and Abettors Under Section 20(e) of the Securities Exchange Act of 1934

In SEC v. Apuzzo, 2012 WL 3194303 (2d Cir. Aug. 8, 2012), the United States Court of Appeals for the Second Circuit clarified the standard for finding liability for aiding and abetting under Section 20(e) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78t(e). Under Section 20(e), the Second Circuit held, the Securities and Exchange Commission (“SEC”) need not show that an aider and abettor “proximately caused” the harm on which the primary violation was predicated. Instead, the SEC need only show that the aider and abettor “in some sort associated himself with the venture, that he participated in it as in something he wished to bring about, and that he sought by his action to make it succeed.” In Appuzo, the Second Circuit has clarified that the SEC need only plead this level of participation — and not proximate causation — to adequately allege that an aider and abettor meets the “substantial assistance” prong of Section 20(e).

Apuzzo centered around a series of three-way transactions designed to allow the primary violators — United Rental, Inc. (“URI”), an equipment rental corporation, and its chief financial officer (“CFO”), Michael Nolan — to book sales improperly in violation of generally accepted accounting principles (“GAAP”). In order to facilitate this transaction, URI enlisted Terex Corporation (“Terex”), a construction equipment manufacturer, and, more specifically, Terex’s CFO, Apuzzo, to assist it in improperly booking revenue.

As structured, URI would sell equipment to General Electric Credit Corporation (“GECC”), a financing corporation, which would then lease back the same equipment to URI. GECC, however, would participate only if someone would guarantee that the equipment could be re-sold at a certain rate of return. Terex provided GECC with such a guaranty. Terex, in turn, was secretly indemnified by URI, which also promised to buy Terex’s products to improve Terex’s year-end sales. URI would disguise the indemnification payments by overpaying for Terex’s products. By arranging the transaction this way, URI would be able to immediately recognize revenue from the transaction, but in a way that violated GAAP.

The SEC brought a civil action against Apuzzo under Section 20(e) of the Exchange Act. Under Section 20(e), the SEC — but not private litigants — can bring a civil action against “aiders and abettors of securities fraud.” Any person who “knowingly provides substantial assistance to a primary violator” — the main actor(s) accused of perpetuating a securities fraud — can be liable under Section 20(e). To prove aiding and abetting liability the SEC must show: “(1) the existence of a securities law violation by the primary (as opposed to the aiding and abetting) party; (2) knowledge of this violation on the part of the aider and abettor; and (3) substantial assistance’ by the aider and abettor in the achievement of the primary violation.”

Apuzzo did not seriously challenge that he had had knowledge of the primary violation. Nevertheless, Apuzzo moved to dismiss the SEC’s civil complaint on this ground that he was not the proximate cause of the sale-leaseback scheme. In the absence of proximate cause, he argued, he could not be found to have “substantially assisted” the primary violation. The United States District Court for the District of Connecticut agreed, and granted the motion to dismiss. The SEC appealed.

The Second Circuit reversed. The Court held that the “substantial assistance” prong of Section 20(e) does not require the SEC to show proximate causation. Quoting Judge Learned Hand, the Second Circuit concluded that under Section 20(e), the SEC need only show that Apuzzo “in some sort associated himself with the venture, that the defendant participated in it as in something that he wished to bring about, and that he sought by his action to make it succeed.”

“Proximate cause,” the Court held, was “the language of private tort actions”; it did not apply to SEC actions where the purpose was “deterrence, not compensation.” Forcing the SEC to prove causation, the Second Circuit reasoned, would lead to “many if not most aiders and abettors” escaping liability because, “almost by definition, the activities of an aider and abettor are rarely the direct cause of the injury brought about by the fraud.”

Having rejected the “proximate cause” test, the Second Circuit concluded that Apuzzo had “provided substantial assistance to” URI in carrying out the fraud. Why? Apuzzo had agreed to participate in the fraudulent sale-leaseback transaction, had “negotiated the details of those transactions,” had profited from those transactions and had “approved and signed separate agreements with GECC and URI, which he knew were designed to hide URI’s continuing risks and financial obligations.”

In weighing whether this amounted to “substantial assistance” under Section 20(e), the Court concluded that Apuzzo’s high degree of knowledge of the transaction was highly relevant; “a high degree of knowledge may lessen the SEC’s burden in proving substantial assistance.” Having rejected the proximate cause analysis of the district court, the Second Circuit reversed and remanded the case for further proceedings before the district court.

Apuzzo greatly clarifies the standard for finding liability under Section 20(e) for aiders and abettors. Now, to prove the “substantial assistance” prong of 20(e), the SEC need not prove that the aider and abettor was the proximate cause of the fraudulent scheme. Instead, even if the aider and abettor’s role was incidental, the key inquiry in assessing “substantial assistance” is whether the aider and abettor “in some sort associated himself with the venture, that the defendant participated in it as in something that he wished to bring about, and that he sought by his action to make it succeed.” Courts in the Second Circuit will weigh the degree of the aider and abettor’s knowledge in making this inquiry.

For further information, please contact John Stigi at (310) 228-3717 or Martin White at (415) 774-3233.

Source:
http://www.corporatesecuritieslawblog.com/investigations-and-enforcement-second-circuit-holds-that-sec-need-not-prove-proximate-cause-for-aiders-and-abettors-under-section-20e-of-the-securities-exchange-act-of-1934.html

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Making Collaboration Tools Work in 2012

People are collaborating more than ever before. There are more collaboration tools and technologies than ever before. Yet, the actual adoption of collaboration tools seems to lag behind the wish to use collaboration tools. In this episode, Dennis Kennedy and Tom Mighell discuss the gap between tools and people in collaboration, the common challenges faced when implementing collaboration tools, especially ones used by lawyers, and their best recommendations for improving the adoption of collaboration tools and technologies in 2012. 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/2012/01/making-collaboration-tools-work-in-2012/

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The Legal Crusade to Save Endangered Species

The world’s tiger population has declined by 97%. The African elephant population has been cut in half. 33% of open-ocean sharks are now threatened with extinction. These and other alarming statistics have created worldwide legal action to save the Earth’s endangered species. Lawyer2Lawyer co-host and attorney J. Craig Williams explores laws and initiatives designed to save threatened species with attorney and WildAid board member, David Kracke of Nichols and Associates in Portland, Oregon.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/02/the-legal-crusade-to-save-endangered-species/

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Monday, September 3, 2012

Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance

Bernie Jones, Associate Professor of Law at Suffolk University Law School, discusses her new book, "Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance." To learn more about Professor Jones' book, visit http://bit.ly/H6Fd2W.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/women-who-opt-out-the-debate-over-working-mothers-and-work-family-balance/

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Outside Looking In: Selling Legal Services

One of the biggest challenges facing attorneys is how to acquire and maintain clients. A fundamental method of developing a client base is to create a referral network. On The Un-Billable Hour, host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program welcomes Linda O’Koniewski, the broker/owner of ReMax Heritage , who tells us what it takes to get referrals from another professional. Linda gives tips on how to strengthen your network and how to develop and sustain those relationships.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2011/11/outside-looking-in-selling-legal-services/

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The Legal End of Affirmative Action?

The U.S. Supreme Court has agreed to hear "Fisher v. University of Texas." This case could bring about the end of college admissions policies based on race. Lawyer2Lawyer co-hosts and attorneys, J. Craig Williams and Bob Ambrogi, along with Huffington Post Supreme Court Correspondent Mike Sacks and UCLA School of Law Professor Richard Sander, examine the possible fate of affirmative action in college admissions.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/02/the-legal-end-of-affirmative-action/

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Crime, Or Public Service?

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It's just a bad idea to leave your car unlocked, period. It's an even worse idea to leave your car unlocked with dangerous items in it. As reported by TCPalm.com:

A 48-year-old man told Port St. Lucie police Tuesday he discovered his throwing knife, sheath, .40 caliber pistol and magazines missing from his 2003 Toyota Corolla, according to a police report released Wednesday.
He said he left his vehicle Monday in the driveway of his home in the 2700 block of Southwest District Avenue. The vehicle, he told police, was not locked.
Unlocked!
As he walked up to his house after noticing the items missing, he saw a plastic bag with writing. The writing stated, “LOADED GUN Unlocked Car = STUPID!!” The bag’s other side read, “LOTS OF Children in area.”
The man saw his handgun and knife were inside, though 30 cartridges were missing.
Master Sgt. Frank Sabol, police spokesman, said Wednesday the person responsible could face charges including armed burglary and theft.
Good luck getting a conviction on that one. Here's the source, which includes photos of the bag and its messages.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/MNqy8mmJieQ/post_477.html

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Therapeutic Jurisprudence and Employment Law

In this podcast, Professor David Yamada, founding director of the New Workplace Institute at Suffolk University Law School, discusses therapeutic jurisprudence, a movement that is bringing psychological insights to bear on the law and legal practice.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/therapeutic-jurisprudence-and-employment-law/

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California employers must "provide" meal breaks, but need not "ensure" employees take them

Here it is: Brinker v. Superior Court (California 04/12/2012): Employee Hohnbaum brought a class action claiming violations of California Labor Code Sections 226.7 and 512, and California Industrial Welfare Commission Wage Order No. 5. The trial court granted a motion...

Source: http://www.lawmemo.com/blog/2012/04/california_empl.html

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Sunday, September 2, 2012

Don't Bring Pruning Clippers To A Hammer Stapler Fight

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This robber's weapon of choice - pruning clippers. It shouldn't come as a big surprise that the endeavor didn't go so well. As reported by The Bellingham Herald (Washington):

Police released photos of the robbery Thursday, Aug. 30. They show the masked man walking into Starvin' Sam's, 1101 Iowa St.
He brandished a pair of pruning clippers with 3-inch blades, said David Kassner, the clerk working the graveyard shift at 2:50 a.m. Aug. 20. The suspect, who wore a black ski mask with eyeholes, strode toward the cash register and demanded money.
He probably didn't know the clerk was a Vietnam vet.
"But I wouldn't do that," said Kassner, a retired U.S. Army staff sergeant who served in southeast Asia.
Instead the clerk backed up and grabbed a hammer-style stapler that happened to be sitting on a countertop. Employees at the service station use the stapler to tack up posters.
Oh it's on now.
The suspect grabbed the register and tried to take the whole thing with him. Kassner swung the stapler at the man's head. He missed his target but must have made contact, because the man "ran out real quick" clutching his wrist, Kassner said, and without any cash.
See ya.
The man was last seen running northbound on Moore Street, said Bellingham police spokesman Mark Young.
Police dogs tried to track him, but the trail quickly "evaporated" - meaning he may have hopped into a car or rode away on a bike, Young said.
Here's the source, with a surveillance photo of the perp.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/GuyapNK5E_A/post_483.html

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Technology is No. 1 Priority for U.S. Copyright Office

Dr. Gerard P. Norton, chair of the Intellectual Property Department at Fox Rothschild, discusses the article he recently co-authored, entitled, "Technology is No. 1 Priority for U.S. Copyright Office."

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2011/11/technology-is-no-1-priority-for-u-s-copyright-office/

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The Legal End of Affirmative Action?

The U.S. Supreme Court has agreed to hear "Fisher v. University of Texas." This case could bring about the end of college admissions policies based on race. Lawyer2Lawyer co-hosts and attorneys, J. Craig Williams and Bob Ambrogi, along with Huffington Post Supreme Court Correspondent Mike Sacks and UCLA School of Law Professor Richard Sander, examine the possible fate of affirmative action in college admissions.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/02/the-legal-end-of-affirmative-action/

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Gambling on Sports and the Law

What are the odds that your office NCAA basketball pool for March Madness is illegal? Are you willing to bet that gambling outside of a casino on any sporting event breaks both state and federal laws? So then, why is it a crapshoot that you will be prosecuted under these laws? Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, take a look at America’s gambling legislation with Professor Marc Edelman of Barry University's Dwayne O. Andreas School of Law and Author and Attorney Clay Travis from Counsel On Call.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/03/gambling-on-sports-and-the-law/

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Future Law Office: Top Technology Trends Reshaping the Legal Field

In this video podcast of The Robert Half Legal Report, Charles Volkert, executive director of Robert Half Legal, and Robert Ambrogi, co-host of Lawyer2Lawyer on the Legal Talk Network discuss how law firms and corporate legal departments are leveraging technology to improve services and streamline workflow. They share key findings from Future Law Office, Robert Half Legal’s annual research program that examines important developments in the legal profession.

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

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The Law and the Liability of Eugenics

For decades, a program called Eugenics gave state boards the right to deem someone "unfit to procreate." The outcome of this was 66,000 Americans were selectively sterilized between the late 1920’s and the 1980’s. Lawyer2Lawyer co-host and attorney J. Craig Williams welcomes Professor Alfred Brophy, from the University of North Carolina School of Law and Attorney James Bowden from Waller Lansden, to discuss this controversial practice, the US Supreme Court’s shocking decision on eugenics and why forced sterilization "is" technically constitutional.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/02/the-law-and-the-liability-of-eugenics/

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Saturday, September 1, 2012

Medicare Set-Aside Professional Administration

On Ringler Radio, host Larry Cohen welcomes colleague and co‑host, Brian J. Fillion and guests, Sandra O'Sullivan, President of Ametros Financial Corporation and Tom Ash, Chief Executive Officer of Ametros Financial, to discuss the professional administration of Medicare Set-Aside funds and Medicare Set-Aside trusts. Sandra and Tom talk about the benefits of Professional Administration, managing the fund as a professional administrator and how professional administration works in a structured settlement.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/03/medicare-set-aside-professional-administration/

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Back to the Land

The lower 48 states just completed the hottest month on record, following the warmest 12-month period on record. The Midwest's farm economy has been left staggering. In our latest regional report card, we examine the implications for the region's legal profession — and took a side trip to Wisconsin to review the profession's role in the political fun and games in that state.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202566775980&rss=nlj

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IP Industries: Part Two

Professor David L. Lange, Melvin Shimm Professor of Law at Duke University Law School, concludes his two-part discussion on IP Industries. Learn more about Professor Lange at http://www.law.duke.edu/fac/lange.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/06/ip-industries-part-two/

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Virtua Fighter 5 Final Showdown (Xbox 360) (Albuquerque Journal)

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

Source: http://news.feedzilla.com/en_us/stories/law/video/239246839?client_source=feed&format=rss

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Attending Law School After Serving in Marine Counterintelligence

Jeff Gangi JD '14 discusses his experiences in Marine Counterintelligence and his studies at Suffolk University Law School. He also talks about his membership in the Suffolk Armed Forces Association.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/attending-law-school-after-serving-in-marine-counterintelligence/

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Bed Bugs Litigation

All across America, from motels to five-star hotels, bed bugs are affecting people both physically and mentally, resulting in lawsuits. These tiny creatures are not only limited to hotels, but can be found virtually anywhere; from apartments, schools, and hospitals, to warehouses, box springs, and mattresses. Ringler Radio host, Larry Cohen joins Ringler colleague and co-host, Ross Duncan and guest, Attorney Daniel W, Whitney, managing partner of Whitney & Bogris, LLP, as they take a look at the impact of bedbugs, the preventive measures to help avoid them, as well as some of the litigation that's risen up to combat the problem.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/08/bed-bugs-litigation/

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Friday, August 31, 2012

Ultrabook Benefits for Attorneys

The big story at the 2012 Consumer Electronics Show was "ultrabooks." This new category of computer stole the thunder, at least for a few days, from tablet computers. Should lawyers be considering ultrabooks in 2012? In this episode, Dennis Kennedy and Tom Mighell take a look at the new world of ultrabooks, whether tablet computers like the iPad are taking over the computer market, and what it all means for traditional notebook computers and desktop PCs.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/2012/01/ultrabook-benefits-for-attorneys/

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The Equity Gap: A Special Report on Women in the Partnership

Are big firms committed to promoting women into the equity partnership? Our study of the largest U.S. firms shows that women represent just 15 percent of equity partners. At just five firms surveyed, women make up more than 25 percent of equity partners.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202563861081&rss=nlj

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Bridging the Gap in Copyright Protection of Symbols, Shapes and Letters

In this episode of the IP Issues podcast series, Thomas McNulty and Julia Mathis of Lando & Anastasi, LLP discuss copyright protection of symbols, geometric shapes, and letters. Learn more about Lando & Anastasi, LLP at http://www.lalaw.com.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/bridging-the-gap-in-copyright-protection-of-symbols-shapes-and-letters/

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Lollipop Chainsaw (PlayStation 3) (Albuquerque Journal)

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Source: http://news.feedzilla.com/en_us/stories/law/video/239246832?client_source=feed&format=rss

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Ukraine high court denies ex-PM Tymoshenko's appeal

[JURIST] Ukraine's highest court on Wednesday upheld the abuse of office conviction against former prime minister Yulia Tymoshenko [personal website, in Ukrainian; JURIST news archive]. The country's Supreme Court [official website, in Ukrainian] reasoned [WP report] that there would be no basis to rule in favor of Tymoshenko and that the prison sentence is appropriate considering the charges against her. The verdict faced heavy criticism from Tymoshenko's supporters who characterized Wednesday's ruling as politically motivated. The government denied the allegations...

Source: http://jurist.org/paperchase/2012/08/ukraine-high-court-denies-ex-pm-tymoshenkos-appeal.php

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Gone Clio with Paul "Woody" Scott

Listen as Clio co-founder Jack Newton talks with special guest, Attorney Paul "Woody" Scott, founder of The Scott Law Firm, based in Louisiana. Jack and Woody talk about Dropbox and its integration with Clio, disaster recovery and how digital and the cloud can save on overhead in your firm.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/04/gone-clio-with-paul-woody-scott/

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Thursday, August 30, 2012

SJC Ruling on Foreclosures

Kathleen C. Engel, law professor and Associate Dean for Intellectual Life at Suffolk Law School, discusses the Massachusetts foreclosure crisis and actions being taken against four major banks. Learn more about Dean Engel at http://bit.ly/hBaALX.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/sjc-ruling-on-foreclosures/

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The Best Resources for Staying Current in E-Discovery

How do you keep up with all that is going on in the world of e-discovery? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome guest, Neil Squillante, publisher of LitigationWorld, who discusses his selection of resources for staying current in e-discovery. Neil tells us how to keep up with e-discovery developments, lists his favorite blogs and podcasts, and explains how you can benefit from the Sedona Conference and webinars.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/02/the-best-resources-for-staying-current-in-e-discovery/

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

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

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

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Accelerate Your Use of Metrics

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

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

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Don't Ignore Governmental Mechanisms for Protecting Intellectual Property Rights

In this Intellectual Property webcast, Lee Eulgen, a partner at Neal, Gerber & Eisenberg LLP, discusses his recent article, "Don't Ignore Governmental Mechanisms for Protecting Intellectual Property Rights." Read the article at http://bit.ly/xCRaaY.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/dont-ignore-governmental-mechanisms-for-protecting-intellectual-property-rights/

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Legal Talk Network Live at LegalTechNY 2012- True Grit: E-Discovery in Big Law Firms

Monica Bay, Editor-in-chief of Law Technology News, discusses this month’s cover story, True Grit. The story dives into the intricacies of how big law firms treat E-discovery, and the surprising gray area surrounding it. Be sure to watch the interview , hosted by Legal Talk Network producer, Kate Kenney.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/02/legal-talk-network-live-at-legaltechny-2012-true-grit-e-discovery-in-big-law-firms/

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Wednesday, August 29, 2012

Beard-Cutting Case Tests Limits of Hate Crime Law

Sixteen members of an Ohio Amish sect are set to go on trial in federal court Monday, in Cleveland. The defendants are accused of violating U.S. hate crime laws by cutting the hair and beards of detractors. One of the accused says the police are interfering with the private affairs of his church.

Source: http://www.npr.org/2012/08/27/159985226/beard-cutting-case-tests-limits-of-hate-crime-law?ft=1&f=1070

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E-discovery Preservation: Reset to Neutral

The landmark Zubulake e-discovery decisions were the first of many to transform a narrow duty not to spoliate into a much broader duty to affirmatively preserve all possibly relevant evidence when there exists a "reasonable anticipation of litigation." But have these judicial opinions gone too far? In the December edition of Law Technology Now, Robert Owen, a partner at Sutherland Asbill & Brennan, says it’s time to shift gears and restore the balance. He talks with Monica Bay, editor-in-chief of Law Technology News, about his five proposed rules that he says will prevent substantial injustices, yet be comprehensive and comprehensible.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2011/12/e-discovery-preservation-reset-to-neutral/

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The AM Roundup: Plaintiffs Line up to Take Shots at Libor Banks, More

The Law Blog rounds up the morning's legal news.

Source: http://blogs.wsj.com/law/2012/08/27/the-am-roundup-plaintiffs-line-up-to-take-shots-at-libor-banks-more/?mod=WSJBlog

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Best Law Schools for Bargain Hunters

We're all familiar with the U.S. News & World Report law school rankings. But what if you're a value hunter? Turns out there's a list for that too.

Source: http://blogs.wsj.com/law/2012/08/28/best-law-schools-for-bargain-hunters/?mod=WSJBlog

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From the Courtroom to the Comedy Club

Lawyers are very often the brunt of jokes, but there is a group of attorneys that has turned the tables and is making people laugh with them instead of at them. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, share the stage with two of the Comedians At Law. Alex Barnett and Matt Ritter explain how they transitioned from lawyers to comics and how they now make people laugh at the lighter side of the law.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/from-the-courtroom-to-the-comedy-club/

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Transgender Family Law in the Courts

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

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

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Tuesday, August 28, 2012

$1,600? How Many Big Gulps Is That?

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Has 7-Eleven gone upscale lately? If not, then what on earth did this man buy? As reported by The Burlington County Times (Pennsylvania):

Police are searching for a man who bought more than $1,600 worth of items from 7-Eleven with stolen credit cards.
The man went to the convenience store on Route 73 shortly after 5 a.m. Friday and used the cards to buy $1,633 worth of merchandise, police said Tuesday.
The man’s image was captured by video surveillance equipment at the store. At the time, he was wearing a red Nike baseball cap, white T-shirt, blue jeans, and red and white sneakers. (See above.)
Here's the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/AlJ4tHEaEso/post_479.html

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Revisiting Citizens United in an Election Year

Since 2010, there has been great debate over the controversial ruling, Citizens United. Most recently, the Montana Supreme Court challenged the decision while Senator McCain called it "one of the worst decisions I have ever seen." Lawyer2Lawyer co-hosts and attorneys, J. Craig Williams and Robert Ambrogi welcome, Attorney Joseph M. Birkenstock, former chief counsel of the Democratic National Committee and Bradley A. Smith, Chairman and Co-Founder of the Center for Competitive Politics and former Commissioner on the Federal Election Commission, for an in-depth discussion on the impact of the ruling during an election year and its influence on the upcoming Presidential election.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/01/revisiting-citizens-united-in-an-election-year/

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IRS Confirms Charitable Contribution Deduction for Gifts Made to Single-Member LLCs

The IRS recently announced that a contribution to a domestic LLC that is wholly owned and controlled by an IRC § 501(c)(3) charitable organization will be treated as if the contribution were made directly to the charitable organization, provided that the LLC has not elected to be taxed as a corporation. Although the IRS had previously provided guidance to public charities and private foundations as to the tax treatment of operating through such single-member LLCs, the July 31, 2012 release of Notice 2012-52 was the first guidance given to individual and corporate contributors as to the deductibility of their contributions. Left unaddressed, however, is the tax treatment of a contribution to a single-member, “disregarded entity” LLC organized in a foreign jurisdiction.

To see the announcement, click here: Notice 2012-52

Source:
http://www.corporatesecuritieslawblog.com/tax-irs-confirms-charitable-contribution-deduction-for-gifts-made-to-singlemember-llcs.html

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The Legal Battle Against Drunk Driving

The fight against drunk driving has been going on for more than a century. On this week’s Lawyer2Lawyer, host Bob Ambrogi welcomes Atlanta DUI Defense Attorney, George Stein and the author of One for the Road: Drunk Driving since 1900, Dr. Barron Lerner of Columbia University Mailman School of Public Health, for an in-depth discussion on the history, laws, initiatives, and successes and failures surrounding drunk driving.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2011/12/the-legal-battle-against-drunk-driving/

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Monday, August 27, 2012

Man Busted Using "Find My iPad" Asserts Lame Defense

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There comes a time in every thief's life ... Okay, so a lot of thieves won't just come clean. But seriously dude - cut a deal. Next time you'll turn the iPad off, or at least its location services. As reported by The Canberra Times (Australia):

A court has been asked to decide whether a man trying to find his allegedly stolen iPad was acting unlawfully when he tracked it down to a north Canberra townhouse using Apple's anti-theft app and a GPS.
Police, acting on the man's information, allegedly discovered the iPad and a cache of stolen items at the Forde house where 49-year-old Alden Harder lived.
Don't draw any comparisons to "the decider," but The Juice would not even take this under advisement. What's the "lame defense" referenced in the post's title?
Mr Harder's lawyer has argued the man physically trespassed on his client's property while searching for the iPad and had also committed ''trespass via radio wave'' when he activated an alarm on the device while it was inside Mr Harder's house.
Mr Harder has not been charged with any offence.
Yet.
On Monday, police applied to the ACT Magistrates Court for a forensic procedures order, asking for the man to submit to fingerprinting.
Mr Harder is fighting the order.
Police allege the iPad was stolen from a house that was under construction in Braddon on May 24 but the theft wasn't reported until three days later.
They say the owner used Apple's in-built Find My iPad service and his GPS to track down the iPad to Mr Harder's townhouse in Forde on May 25. He walked around the property and looked in a window.
Find My iPad allows users to remotely track their missing or stolen iPad via GPS and to send messages, trigger an alarm or wipe their device.
It should be noted that THIS DOES NOT WORK IF THE LOCATION SERVICES ARE DISABLED OR THE DEVICE IS OFF.
The man went to police with the information but was apparently unable to elicit action.
The court heard the man went back to the townhouse a second time on May 29 and used the app to remotely trigger the alarm on the iPad, which he then heard ringing inside the garage.
Police then obtained a search warrant for Mr Harder's house.
They allegedly discovered the iPad and a haul of other items, including laptops and a police officer's badge, which were said to have been stolen from as far back as 2009.
Jackpot!
The court heard police wanted to take Mr Harder's fingerprints to see if they matched prints taken from the scene of the iPad theft and another burglary.
But Mr Harder's lawyer Paul Edmonds argued the search was based on evidence which was obtained unlawfully because the man trespassed on his client's property while walking round the townhouse.
Blah, blah, blah. The Juice is with the prosecutor on this one.
But prosecutor Keegan Lee dismissed that argument as ''an absurd expansion of the definition of a trespass''.
Mr Lee said if electronic transmission were a trespass then ''I would safely say nearly everybody in this courtroom has committed that act by having a wireless router'' that transmitted Wi-Fi internet through their homes and into their neighbours' property.
Boom! Here's the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/8P5xlfmfs6k/a_court_has_been_asked.html

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Structured Settlements and NSSTA’s 2012 Mission

NSSTA stands for National Structured Settlements Trade Association - the largest gathering of top professionals in the country taking the a lead in the structured settlement industry. On Ringler Radio, host Larry Cohen welcomes Eric Vaughn, Executive Director of National Structured Settlements Trade Association, to discuss what’s ahead for NSSTA 2012. Eric addresses everything from NSSTA’s Annual Meeting to its Take the Hill initiative with Congress, and the steps individuals of retirement age should take to ensure a better financial future.

Click the link to see a video snippet of the podcast.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/03/structured-settlements-and-nsstas-2012-mission/

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Sunday, August 26, 2012

Act Two: Legal Tech Pioneers Return to Compete in Legal Tech Market

On Law Technology Now, host and Law Technology News magazine editor-in-chief, Monica Bay joins William Bice, co-founder and chair of LiquidPractice, and Graham Smith, founder and CEO of Opus 2 International, to talk about Law Technology News’ April cover story, "Act Two." Bice and Smith explain why they decided to return to the legal technology community after selling ProLaw and LiveNote to an industry giant.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/03/act-two-legal-tech-pioneers-return-to-compete-in-legal-tech-market/

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THE 2012 SURVEY OF LAW FIRM ECONOMICS

Law firms, particularly midsize and smaller players, continued to face a challenging revenue picture during the last year, our latest survey of firm finances shows. But they appear to have done a better job of managing expenses to keep profitability and partner compensation high.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202512531345&rss=nlj

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Saturday, August 25, 2012

Lollipop Chainsaw (Xbox 360) (Albuquerque Journal)

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

Source: http://news.feedzilla.com/en_us/stories/law/video/240149096?client_source=feed&format=rss

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Pardon the Legal Technology Interruption 2011

What kind of year was 2011 for legal tech? What were the big developments and trends that you need to know? In this episode, Dennis Kennedy and Tom Mighell pay tribute to ESPN's "Pardon the Interruption" and adopt its format for a fast-paced and fun discussion of what transpired in legal technology in 2011. 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/2012/01/pardon-the-legal-technology-interruption-2011/

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Friday, August 24, 2012

Jury To Decide Apple's Patent Case Against Samsung

In one of the biggest patent infringement cases ever, Apple is suing Samsung for as much as $2.75 billion — charging that in creating its products, Samsung ripped off iPhone and iPad technology. Samsung countered with its own allegations.

Source: http://www.npr.org/2012/08/22/159679099/jury-to-decide-apple-s-patent-case-against-samsung?ft=1&f=1070

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