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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NSSTA’s Leadership

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

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

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NSSTA’s Take the Hill

This past April, members of National Structured Settlement Trade Association (NSSTA) decided to "Take the Hill". They headed to Capitol Hill for meetings with members of Congress and senior Congressional staff to discuss important public policy and the economic security benefits of structured settlements. Ringler Radio host, Larry Cohen talks to Ringler colleagues, Peter Early and Erin Muller about their experience at "Take the Hill" and their mission to educate our elected officials on the benefits of structured settlements.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/07/nsstas-take-the-hill/

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Gone Clio with Attorney Beate Weiss-Krull

Listen as Clio co-founder and CEO Jack Newton talks with special guest, Beate Weiss-Krull, a general practitioner based in Portland, Oregon. You’ll hear Jack and Beate talk about how #cloudcomputing helps her manage her US and German cases, her switch from PC to Mac, ScanSnap and other #paperless productivity tips.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/01/gone-clio-with-beate-weiss-krull/

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Legal Talk Network Live at LegalTechNY 2012- DIY Discovery solution: Verve

Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack, introduces us to "Verve," Kroll's brand-new DIY E-discovery solution, aimed at keeping the cost of litigation down for attorneys. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.

Source: http://legaltalknetwork.com/podcasts/esi-report/2012/02/legal-talk-network-live-at-legaltechny-2012-diy-discovery-solution-verve/

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Liability After Facebook’s IPO

Facebook’s super-hyped IPO quickly turned into Wall Street folly. Lawsuits were filed almost immediately. Accusations of selective financial disclosure, investor deception and NASDAQ negligence are flying. So who is to blame? And who is liable? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the legal story of Facebook’s botched IPO and pending litigation from John P. ("Sean") Coffey, Managing Director at BlackRobe Capital Partners, and Scott M. Berman, Partner at Friedman Kaplan Seiler & Adelman.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/liability-after-facebooks-ipo/

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Senior U.S. District Judge David Hittner

Senior U.S. District Judge David Hittner of the Southern District of Texas shares tips for trying cases in his courtroom with senior reporter Brenda Sapino Jeffreys.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202577098698&rss=newswire

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Partner Bleed

Once again, the issue of large law firm partners being terminated by their firms arises. In today’s Wall Street Journal, the moral of the story is that lawyers must contribute to the well-being of their firm. If they don’t, they will be terminated irrespective of whether they are a partner (equity interest) or an associate (employee). In other words, they must adhere to the formula of The Business of Law® ... P = R - E, the basic formula of all business. Or said another way, lawyers are now beginning to realize the practice of law is a business, just as every other service profession (and manufacturing and distribution) is. And, the line between partner and employee is becoming narrower each day.

In a recent article in the New York Times, the reporter focused on the proper issue ... the productivity of the lawyer. Age is irrelevant. There are 80-somethings who are contributing to the “bottom line” of the firm and there are 20- and 30- somethings who are not. Those who do not contribute to the bottom line can be sustained in the firm for only so long before their weight begins to cause the firm to collapse. That is one of the primary reasons for the failure of many large firms in the recent past ... the failure to address management decisions that impact the operation of the firm in a business-like manner.

Being a partner is no longer the key to the magic kingdom. Partnership agreements are written in such a way that a partner can be terminated from his/her equity position without much difficulty. “What have you done for me lately?” is not an idle phrase in the world of law firms. Just as every employee in every firm/company must contribute to the well-being of the organization. It’s for this reason that lawyers are concerned about maintaining strong client relationships and not willing to share their client information with others in the firm. Cross selling is a concept that is yet to be fully embraced because of this phenomenon.

Ways in which a lawyer can contribute to the bottom line and well-being of the law firm are contained in the formula: Increase the revenue of the firm (collected billings) or decrease the expenses of your efforts relative to the revenue you bring in.  In other words, if you can produce client revenue that will keep other lawyers busy, if you bill a significant number of hours (or related value billing efforts) above the average, or if you have a key client relation that is significant for the firm, you will be viewed as an asset of the firm. If your collections decline, if your time expended doing client work declines or if you utilize a disproportionate share of the firm’s resources, then you will be a drag on the performance of the firm and, at some point, terminated.

If anything is different as a result of the Great Recession for law firms, it's the realization that P = R - E, and law firms are governed by this formula as is everyone in the commercial world.
 

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/MmPjOepivc8/

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If You Don't Like The Pizza, Maybe Try Yelp Next Time.

Hey, if you've got something against the joint's pizza, there are alternatives to this. As reported by courierpostonline.com (Cherry Hill, New Jersey):

Friends and neighbors Saturday came to the aid of a pizza shop owner whose store on Marlton Pike in Pennsauken was heavily damaged when a Jeep Grand Cherokee smashed into the building. Not once, but twice.

Stephanie Boese, owner of Roman’s Pizza on the 3600 block of the pike, said video captured the Jeep slamming into the store around 3:30 a.m. Saturday. The vehicle then backed up and drove into the shop again. The driver fled the scene.

Twice? Not cool. Did they at least catch the perp?

Boese said Pennsauken police told her they had captured a suspect, but she had no other details. An officer who answered the department’s phone late Saturday evening said he had no updates on the incident.

Boom! You can read more (a fair amount) and see a photo of the damage here.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/QMesshwovSI/post_568.html

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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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Gone Clio with Attorney Joe Bahgat

Listen as Clio co-founder Jack Newton talks with special guest, Attorney Joe Bahgat of Bahgat Law LLC. Jack and Joe talk about cost savings through Clio, hiring a virtual assistant, tools to help you stay organized and the capabilities of Clio’s document management and Clio Connect features.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/05/gone-clio-with-attorney-joe-bahgat/

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Washington's sexual orientation discrimination amendment is not retroactive

The Washington State Supreme Court held today that a sexual orientation discrimination amendment adopted in 2006 is not retroactive.

The court also concluded that conduct that took place prior to the amendment is admissible background evidence to prove the discriminatory nature of certain conduct occurring after the amendment.

Loeffelholz v. Univ of Washington (Washington 09/13/2012)

Loeffelholz sued under the Washington Law Against Discrimination (WLAD) claiming discrimination based on sexual orientation. WLAD was amended in 2006 to include sexual orientation as a protected class, and Loeffelholz alleged several pre-amendment acts and one post-amendment act.

The Washington Supreme Court held that (1) the WLAD amendment is not retroactive and the pre-amendment conduct is not actionable as it was not unlawful when it occurred, and (2) the post-amendment allegedly discriminatory comment is arguably similar enough to the pre-amendment conduct to survive summary judgment.

Loeffelholz alleged that her supervisor between 2003 and June 2006 maintained a hostile work environment based on sexual orientation. This was prior to the WLAD amendment. Loeffelholz also alleged a single act of discrimination by this supervisor after the WLAD amendment.

The court's findings:

(1) Pre-amendment conduct is not actionable. Retroactive application of the amendment would violate the employer's due process rights. The plain language of the amendment and its legislative history indicate only prospective application.

(2) Pre-amendment conduct is admissible as background evidence to prove why the post-amendment conduct is discriminatory.

(3) The post-amendment conduct was a single statement by Loeffelholz's supervisor, who was about to be deployed to Iraq, that he was "going to come back a very angry man." The court found that a reasonable jury could infer that this comment was a natural extension of pre-amendment conduct - the supervisor's dislike of lesbians and his anger management problems as illustrated by his comments that he had a volatile temper and kept a gun. This is enough to preclude summary judgment.

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Source: http://www.lawmemo.com/blog/2012/09/washingtons_sex.html

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Should Have Stolen The Computer Too ...

Who burgles a joint and leaves a perfectly good laptop behind? And in case you're wondering, it was out in the open, as you will soon see. As reported by tcpalm.com:

In a case police are calling unique, a homeowner used his laptop computer video camera to capture a photo of a suspect breaking into his home.

Boom!

The homeowner left the computer on while he was gone. The footage led to the arrest of a friend, a 28-year-old man the homeowner has known since they were roommates in college, according to a sheriff's report.

Former "friend," that is.

Normally, investigators end up with just footprints or fingerprints and are left wondering if those prints are linked to a crime. This time, they had a visual recording of the incident and the homeowner's identification of the person led to the arrest of Eric Rayburn, 28, of the 1900 block of Southeast Bellevue Avenue, Port St. Lucie.

Rayburn voluntarily came in for questioning and deputies quoted him as saying he goes to the house all the time and was dropping by to talk.

Bet the cops enjoyed this next bit.

Then investigators showed him the camera recording.

Bam!

Rayburn, who said he works in medical supplies, told investigators he was delivering a Federal Express package. Investigators challenged that, saying there was no package in his hand in the video that was running at 8:30 a.m. on Dec. 27, 2012.

Then he asked to talk to an attorney and stopped talking with deputies.

He is charged with burglary of a dwelling [a cash box was reported missing] and second degree theft.

Here's the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/8yiX8JWoPqA/post_571.html

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Six Hats: Parallel Thinking for Paralegals

Edward De Bono’s, Six Thinking Hats, also known as parallel thinking, is a fun method used in NALA’s year-long leadership webinars for those involved in state and local affiliated associations. On The Paralegal Voice, co-host Vicki Voisin welcomes Karen G. McGee, ACP, President of NALA, as they spotlight De Bono’s method of thinking and share some important tools paralegals can use to facilitate open discussions in a meeting or work situation.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/04/six-hats-parallel-thinking-for-paralegals/

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The Eureka Moment: How Big Law Has Learned to Love Legal Practice Management

In this September edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Dechert’s Colleen Nihill, firm wide director of project management and Anthony Licata, chief financial officer, and Kim Craig, director of project management office at Seyfarth Shaw, to discuss how Big Law is adopting legal project management, especially in the context of alternative fee agreements. All three were featured in Law Technology News’ current cover story, "The Eureka Moment."

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/09/the-eureka-moment-how-big-law-has-learned-to-love-legal-practice-management/

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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.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/legal-implications-surrounding-the-meningitis-scare/

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Ethical Obligations within E-Discovery

On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes special guest, Judge Lisa Margaret Smith, from the Southern District of New York, to take a look at ethical obligations within the field e-discovery. In addition, on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Elliot Westman, takes a glimpse at e-discovery frameworks adopted in 2011 in the state of Utah and the Federal District of Delaware.

Source: http://legaltalknetwork.com/podcasts/esi-report/2012/03/ethical-obligations-within-e-discovery/

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Does Social Media Encourage Violent Teen Behavior?

The recent rape allegations in Steubenville, Ohio raised concerns among parents about whether social media is encouraging bad and sometimes violent teen behavior. Host Michel Martin explores new media and teens' decisions about risk with a panel of parents.

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Source: http://www.npr.org/2013/01/15/169421562/what-causes-violent-teen-behavior?ft=1&f=1070

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The Eureka Moment: How Big Law Has Learned to Love Legal Practice Management

In this September edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Dechert’s Colleen Nihill, firm wide director of project management and Anthony Licata, chief financial officer, and Kim Craig, director of project management office at Seyfarth Shaw, to discuss how Big Law is adopting legal project management, especially in the context of alternative fee agreements. All three were featured in Law Technology News’ current cover story, "The Eureka Moment."

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/09/the-eureka-moment-how-big-law-has-learned-to-love-legal-practice-management/

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Revisiting Voter ID Laws

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

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

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New iPad, New Decisions

Apple just announced the newest version of the iPad, setting the Internet abuzz with anticipation and speculation. Is this next big thing? More importantly, must this be your next tech purchase? In this episode, Dennis Kennedy and Tom Mighell discuss the new iPad announcement and reactions, what the new iPad brings to the table, and whether lawyers should expect to see a new iPad in their possibly post-PC futures. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/03/new-ipad-new-decisions/

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The Lost Art of the Online Discussion

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

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

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Recorder Roundtable - Outstanding Motions

Judges from state and federal courts discuss do's and don'ts of motion practice.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202576686619&rss=newswire

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A Civil Remedy

Professor Kate Nace Day of Suffolk University Law School discusses her new film, "A Civil Remedy," which premieres at the Brattle Theatre on April 26, 2012. For more information, go to http://filmandlaw.com/film.html.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/04/a-civil-remedy/

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Sri Lanka parliament votes to impeach chief justice

[JURIST] The Sri Lankan Parliament [official website] voted in an overwhelming majority on Friday to impeach Chief Justice Shirani Bandaranayake [official profile] and drafted an official motion [materials] imploring the president to remove her from office. According to the motion, the Chief Justice's actions have "plunged the entire Supreme Court and specially the office of the Chief Justice into disrepute." The actions of the Parliament were in response to allegations of corruption and bribery. The impeachment of the Chief Justice...

Source: http://jurist.org/paperchase/2013/01/sri-lanka-parliament-votes-to-impeach-chief-justice.php

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NSSTA’s Take the Hill

This past April, members of National Structured Settlement Trade Association (NSSTA) decided to "Take the Hill". They headed to Capitol Hill for meetings with members of Congress and senior Congressional staff to discuss important public policy and the economic security benefits of structured settlements. Ringler Radio host, Larry Cohen talks to Ringler colleagues, Peter Early and Erin Muller about their experience at "Take the Hill" and their mission to educate our elected officials on the benefits of structured settlements.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/07/nsstas-take-the-hill/

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The Impact of Voter ID Laws and Voter Purges

Before 2006, not a single US state required voters to show identification before marking a ballot. But now, 30 states have enacted some sort of voter identification law. Are these laws necessary to prevent voter fraud or are laws being passed to discourage low income groups, the elderly and minorities from voting? Lawyer2Lawyer co-host and attorney, Craig Williams, joins Professor Richard L. Hasen, from the University of California, Irvine and Wendy Weiser, Director of the Democracy Program at the Brennan Center for Justice at NYU School of Law, to talk voter ID laws in battleground states, voter purges and the potential impact on the upcoming election.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/the-impact-of-voter-id-laws-and-voter-purges/

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LawBiz® Legal Pad: Reduce Client Fees Without Discounting Legal Service

Ed discusses two ways lawyers can lower the cost to clients without discounting the legal service.

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

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Maximize Your Technology Investment

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

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

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Advanced Searching and Technology Assisted Review

Identify the best practices for conducting smart searches by listening to The ESI Report. Host and Attorney and Director of Thought Leadership at Kroll Ontrack, Michele Lange, gets expert advice for conducting smart searches and exploring advanced search options to increase the effectiveness of your search protocol from Harris T. Berenson, E-discovery Counsel for Hughes Hubbard & Reed and Alex C. Gross, Legal Consultant at Kroll Ontrack. Then on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Consultant, Mark Thompson, analyzes recent court opinions discussing the hot topic of technology assisted review.

Source: http://legaltalknetwork.com/podcasts/esi-report/2012/05/advanced-searching-and-technology-assisted-review/

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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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Inside the Trayvon Martin Tragedy

The shooting death of 17 year old Trayvon Martin in Florida has sparked outrage across the country. On February 26, 2012, Trayvon died from a single gunshot to the chest. Police say neighborhood watch captain, George Zimmerman, fired that shot. Zimmerman is using Florida’s "Stand Your Ground" Law to justify the killing. Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, welcome Professor Michelle Jacobs, from the University of Florida's Levin College of Law and Professor Kenneth Novak, Ph.D., Chair of the Department of Criminal Justice at the University of Missouri - Kansas City, to explore the legal issues surrounding the "Stand Your Ground" law, neighborhood watches, and the possibility of racial profiling.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/03/inside-the-trayvon-martin-tragedy/

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Gone Clio with Attorney Andrew Kawel

Listen as Clio co-founder Jack Newton talks with special guest, Andrew Kawel, founder of Kawel PLLC. You'll hear Jack and Andy discuss switching to Mac to minimize time and frustration in doing certain non-billable and labor intensive tasks, Dropbox, Google Voice, Google Apps and the cloud.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/02/gone-clio-with-attorney-andrew-kawel/

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The Fiscal Cliff Impact

As we approach the end of 2012, the nation waits on news regarding the “fiscal cliff” and whether a compromise can be reached on Capitol Hill. What exactly is the “fiscal cliff” and what are the possible resolutions? On this Ringler Radio podcast, host Larry Cohen joins colleague and co-host, Rich Ryan and guest, Dr. Christopher Coyne, Economist and Associate Professor of Finance at St. Joseph’s University, to talk about the potential impact of the fiscal cliff and the security of structured settlements.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/12/the-fiscal-cliff-impact/

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Obamacare on Trial

The fate of President Obama’s Patient Protection and Affordable Care Act is now in the hands of the United States Supreme Court. But did lawyers for the Obama Administration convince the justices this historic healthcare initiative conforms to the U.S. Constitution? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, along with Professor Ilya Somin from the George Mason University School of Law and Professor Geoffrey Stone of The Law School of the University of Chicago, discuss the constitutionality and possible outcomes of this landmark Supreme Court case.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/obamacare-on-trial/

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Yale Law hires its first Hispanic in a tenured position

It's official: Yale Law School has its first tenured Hispanic faculty member. Dean Richard Post announced this week that Cristina Rodríguez will join the faculty on January 28.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202584059928&rss=rss_nlj

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Putting the Web to Work for You

Have you ever wanted one action on the Web automatically trigger another action? For example, if you post a tweet, it automatically becomes a LinkedIn or Facebook update or if you star a blog post in Google Reader, it automatically gets added to your Evernote account. IFTTT (If This, Than That) is a web service does exactly that. In this episode of the Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss web automation and IFTTT, how it might make your life a little easier, and the role this type of service might play for the busy lawyer.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/putting-the-web-to-work-for-you/

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Mystery In Lottery Winner's Death May Lead To Exhumation

A small-business owner in Chicago won $1 million in July, but ended up dead before he could cash in his winnings. At first, authorities said the man died of natural causes, but later they said it was cyanide poisoning. Officials hope an autopsy can help provide more answers.

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Source: http://www.npr.org/2013/01/10/169077541/mystery-surrounding-death-of-lottery-winner-could-lead-to-his-exhumation?ft=1&f=1070

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OPINION: Test case on discriminatory mortgages

Suit claims Morgan Stanley was aider and abettor of subprime loans to black home owners.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202584127714&rss=rss_nlj

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20 Legal Technology Tips in 20 minutes

If you’re looking for the hottest tech tips for lawyers, we’ll make sure your vision is 20/20. The Legal ToolKit host and Senior Law Practice Advisor with Mass. LOMAP, Jared Correia, talks technology with Attorney Ernest Svenson from the Svenson Law Firm in New Orleans, Louisiana. Ernie has catalogued a number of useful tools for lawyers and relays them in rapid succession through word association with Jared. Listen in, and find out why Dropbox and Dilbert can both have a place in your law firm!

Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/05/20-legal-technology-tips-in-20-minutes/

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A Civil Remedy

Professor Kate Nace Day of Suffolk University Law School discusses her new film, "A Civil Remedy," which premieres at the Brattle Theatre on April 26, 2012. For more information, go to http://filmandlaw.com/film.html.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/04/a-civil-remedy/

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Paralegal Hiring Trends

Are you ready to search for a paralegal job? On The Paralegal Voice Kim Wierzel, Esq., a reformed litigator and Placement Director with Special Counsel, joins co-hosts Lynne DeVenny and Vicki Voisin to talk about everything you need to know regarding the paralegal job market. Their discussion includes current paralegal hiring trends, educational and certification requirements, tips for paralegals just entering the job market, and the top three areas paralegal job seekers most need to improve to be more marketable. Kim also addresses a current "hot button" issue for the paralegal profession, i.e. whether employers are seeking inexperienced new attorneys instead of experienced paralegals.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/03/paralegal-hiring/

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Inside the Gerry Spence Trial Lawyers College

Structured settlement brokers have the pleasure of working side by side trial attorneys to help structure the best settlements for the injured and the less fortunate and many of these lawyers credit their success to special training that they received at the Gerry Spence Trial Lawyers College. On Ringler Radio, host Larry Cohen welcomes colleague and co‑host, Bill Wright from the Atlanta office of Ringler Associates and guest Attorney Joseph A. Fried, of Fried Rogers Goldberg, to talk about his experience and how he applies what he has learned to his law practice.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/01/inside-the-gerry-spence-trial-lawyers-college/

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Social Media and Lawsuits

From "tweets" to Facebook status updates, social media has taken over how we communicate with the outside world. It has also become a large part of our legal system. Social media is now considered key evidence in both criminal cases and civil lawsuits. Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi examine the surge in social media-based evidence and claims in litigation, as well as the importance of educating attorneys on the ins and outs of social media with Attorney Antigone Peyton, Founder and CEO of Cloudigy® Law, PLLC and Attorney Ernest Svenson, solo attorney and blogger.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/social-media-and-lawsuits/

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Best Billable Hour Practices for Paralegals

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

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

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Defense Attorneys Turning to Social Media

Lead counsel for accused murderer George Zimmerman calls social media an unavoidable component of high profile cases. So, should blogging, posting and tweeting become standard practices in defense strategies? Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, debate the pros and cons, as well as the legal and ethical issues of social media with Dr. Amy Singer, founder of Trial Consultants Inc., and Attorney Scott Greenfield, Of Counsel at Hull McGuire, PC.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/defense-attorneys-turning-to-social-media/

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Public Companies Should Immediately Review Their Peer Groups Used in Executive Compensation Decisions Based on ISS's New Peer Group Selection Guidance and Notify ISS of Any Changes by December 21

Public companies should immediately review their peer group and Global Industry Classification Standard (“GICS”) codes, for purposes of executive compensation in light of the new Institutional Shareholder Services (“ISS”) guidance. If the peer group your company plans to use in the upcoming proxy for assessing and determining executive compensation is different than the peer group used in your company’s last proxy, you should contact ISS before December 21 with your new peer group list.

It is important that the peer group you use for your executive compensation determinations is the same group that ISS is using when analyzing your information for those decisions, because if the data is different, ISS’s analysis may not properly match up with your executive compensation decisions and, as a result, ISS may recommend a “withhold” or “against” vote for your compensation committee members.

ISS has provided information regarding its methodology for selecting a company's peer group for purposes of analyzing executive compensation (please see our previous January 23, 2012 blog for additional details regarding ISS’s analysis of peer groups in determining executive compensation) and has released FAQs to address questions on the subject. Here is a link to the FAQs: http://www.issgovernance.com/policy/USPeerGroupFAQ.

The FAQs provide information on how ISS will select between 14 and 24 peers based on the company's GICS code, as well as the GICS code of the peers named in the subject company's proxy statement. Subject to size constraints based on revenues or assets and market value, ISS describes the order in which peers will be selected from the potential universe of companies that share the same GICS code. Other questions address the use of size parameters, essential to the selection process, the GICS industry groups (financial services) where assets will be used instead of revenue, and what occurs if a company discloses their intent to use more than one peer group.

The basic principles of the new methodology are that peers should come from similar industries and be of similar size. If the standard methodology fails to yield the minimum number of acceptable peers, ISS has stated that it will supplement the peer group to reach the minimum. When the standard methodology appears to have produced inappropriate peers, ISS also noted that it will apply manual judgments to compile a peer group.

What Should You Do Now?

By December 21, companies should inform ISS of any changes to their peer groups from their 2012 disclosures, as a source of input into the ISS peer group selection. Here is a link to the input form: http://www.issgovernance.com/PeerFeedbackUS. ISS has noted that the peer group provided to them should mirror the peer group that will appear in the company’s 2013 proxy statement.

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.

Greg Schick (415-774-2988,gschick@sheppardmullin.com), John Tishler (858-720-8943, jtishler@sheppardmullin.com), Carrie Darling (650-815-2657, cdarling@sheppardmullin.com) and Louis Lehot (650-815-2640, llehot@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.

Source:
http://www.corporatesecuritieslawblog.com/executive-compensation-public-companies-should-immediately-review-their-peer-groups-used-in-executive-compensation-decisions-based-on-isss-new-peer-group-selection-guidance-and-notify-iss-of-any-changes-by-december-21.html

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Enough Evidence For Holmes To Stand Trial, Judge Rules

James Holmes is accused of opening fire at a movie theater in Aurora, Colo., last summer, killing 12 people and wounding dozens of others. He will be formally arraigned Friday on 166 counts of murder, attempted murder and other crimes.

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Source: http://www.npr.org/blogs/thetwo-way/2013/01/10/169098400/enough-evidence-for-holmes-to-stand-trial-judge-rules?ft=1&f=1070

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The Best Paralegal Law Technology Trends

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

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

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Blending Special Needs Trusts and Structured Settlements

For severely injured plaintiffs and their families, the combination of special needs trusts and structured settlements can help provide financial security to secure future needs. Ringler Radio host Larry Cohen and co-host, Carmella Limongelli discuss this beneficial combination of financial solutions with Attorney Jay J. Sangerman, an expert in special needs trusts. Listen and find out when a special needs trust should be considered and what features the trust should have to qualify as a self-settled special needs trust.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/04/blending-special-needs-trusts-and-structured-settlements/

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Law Blog Video: Insider Trading Sentence for Former Consultant

A former hedge-fund consultant who became a key cooperating witness for the government, Wesley Wang, is scheduled to be sentenced on Wednesday.

Source: http://blogs.wsj.com/law/2013/01/09/law-blog-video-former-hedge-fund-consultant-to-be-sentenced/?mod=WSJBlog

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If You Don't Like The Pizza, Maybe Try Yelp Next Time.

Hey, if you've got something against the joint's pizza, there are alternatives to this. As reported by courierpostonline.com (Cherry Hill, New Jersey):

Friends and neighbors Saturday came to the aid of a pizza shop owner whose store on Marlton Pike in Pennsauken was heavily damaged when a Jeep Grand Cherokee smashed into the building. Not once, but twice.

Stephanie Boese, owner of Roman’s Pizza on the 3600 block of the pike, said video captured the Jeep slamming into the store around 3:30 a.m. Saturday. The vehicle then backed up and drove into the shop again. The driver fled the scene.

Twice? Not cool. Did they at least catch the perp?

Boese said Pennsauken police told her they had captured a suspect, but she had no other details. An officer who answered the department’s phone late Saturday evening said he had no updates on the incident.

Boom! You can read more (a fair amount) and see a photo of the damage here.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/QMesshwovSI/post_568.html

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Gone Clio with Attorney Anthony Reeves

On this edition of Gone Clio, Clio co-founder Jack Newton talks with special guest, Anthony Reeves of the Reeves Law Firm. Anthony talks about cloud computing and security, flexibility of using Clio for his practice and the role Internet access plays in serving his clients.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/10/gone-clio-with-attorney-anthony-reeves/

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Summary of Knox v. SEIU

My summary of Knox v. SEIU at SCOTUSblog.com: Knox knocks unions on mid-year assessment for non-members.

28 Day Free Trial

Custom Alerts

Source: http://www.lawmemo.com/blog/2012/06/summary_of_knox.html

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Obamacare on Trial

The fate of President Obama’s Patient Protection and Affordable Care Act is now in the hands of the United States Supreme Court. But did lawyers for the Obama Administration convince the justices this historic healthcare initiative conforms to the U.S. Constitution? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, along with Professor Ilya Somin from the George Mason University School of Law and Professor Geoffrey Stone of The Law School of the University of Chicago, discuss the constitutionality and possible outcomes of this landmark Supreme Court case.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/obamacare-on-trial/

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You're Taxing Santa?

What about the kids? If they find out the government is trying to tax Santa Claus, how can they believe? As reported by Reuters:

The [Ukraine] government faces $9 billion in foreign debt repayments next year and its budget deficit almost tripled in January-October this year to more than $4 billion.

No, not Santa! [He's called Did Moroz locally.]

By studying internet advertisements, the state tax service found out that a Did Moroz with a traditional female Snihuronka (Snow Maid) helper would earn 250 to 3,500 hryvnias ($30 to $440) per hour in capital Kiev this season.

"Such citizens will need to file forms and pay taxes," the tax service said in a statement.

Hmm. "Will need to" not "must."

The service said it was barred from conducting tax checks on small businesses but urged ordinary Ukrainians to report tax-dodging Santas.

Now that's a loophole Santa could drive his sleigh right on through. Here's the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/UUKu-QoVytc/post_561.html

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SEC Sheds Light on Cyber Threat Disclosure

Edward Mikolinski JD '12 discusses his recent blog post, "SEC Sheds Light on Cyber Threat Disclosure" in the Journal of High Technology Law. Read the post at http://bit.ly/zuradT.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/sec-sheds-light-on-cyber-threat-disclosure/

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Inside Midnight Regulations

Back in June of 2012, the Administrative Conference of the United States approved non-binding "Midnight Rules" guidelines. Midnight rulemaking involves the pushing through of rules by a President, in the last few months of their administration. Host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth, chats with consultant for the Administrative Conference of the United States, Professor Jack M. Beermann, about Midnight Regulations, the new recommendations and the potential impact on current and future administrations.

Source: http://legaltalknetwork.com/podcasts/boston-university-school-of-law/2012/08/inside-midnight-regulations/

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NSSTA’s Leadership

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

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

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The Luis Guaman Case

Professor Epps, Co-Director of Suffolk Law's International Law Concentration, discusses the murder trial of Luis Guaman and the extradition issues involved in the case. Learn more about our International Law concentration at http://bit.ly/Jemqnl.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/the-luis-guaman-case/

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Defending Big Data

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

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

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Paralegal Career Opportunities in Litigation Support

On The Paralegal Voice co-host Vicki Voisin welcome’s guests Ann L. Atkinson, ACP, NALA President, Michael Potters, CEO/Managing Partner of Glenmont Group, Inc. and Patrick Oot, co-founder of the Electronic Discovery Institute for a lively discussion about career opportunities for paralegals in the area of litigation support, particularly eDiscovery and technology.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/10/paralegal-career-opportunities-in-litigation-support/

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Evaluating and Negotiating Workers’ Compensation Claims

Closing a workers’ compensation claim involves a two-step process: evaluation and negotiation. On Ringler Radio, host Larry Cohen joins colleague, Teddy Snyder, Esq. and Attorney Sylvia Lopez from Bakersfield, California, to talk about closing workers’ compensation claims. They explore the risks and advantages to a claimant and employer in closing a workers’ compensation claim, the importance of rated age and how a structured settlement can give injured workers the best of both worlds.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/05/evaluating-and-negotiating-workers-compensation-claims/

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NYPD's "Clean Halls" Program Enjoined

It's been a long time coming, but Southern District Judge Shira Scheindlin issued an injunction against the notorious "Clean Halls" program, later renamed the Trespass Affidavit Program, as the plaintiffs demonstrated a likelihood of success of prevailing on the merits that the program is unconstitutional.

Finally. 

The program, which has been widely misreported following this ruling as the Stop & Frisk program by overzealous but undereducated reporters, has been a constitutional catastrophe for more than 20 years, so much so that even the Bronx District Attorney had enough of it. 

The police, landlords, some tenants and cop teachers from John Jay College argue that it is an effective weapon in fighting crime and cleaning up their buildings.  No doubt it is, as would be police having the authority to break into homes at night at will. There is no shortage of effective weapons in whatever war we're fighting that violate the Constitution.  This is just another one.

Judge Scheindlin, in a lengthy opinion, wrote:

While it may be difficult to say where, precisely, to draw the line between constitutional and unconstitutional police encounters, such a line exists, and the N.Y.P.D. has systematically crossed it when making trespass stops outside TAP buildings in the Bronx,

The Clean Halls program presented what can best be described as a backward waiver of rights, where landlords who signed onto the program authorized police to stop anyone who entered their premises. The theory was that the owner could limit entry to those authorized to be there, and by doing so, empower the police to stop, and if the mood struck them, search anyone inside or in front of their building. 

The building owner, in essence, waived the rights of tenants and their visitors to be left alone, and subjected them to seizure and search.  By putting signs on buildings informing people that it was a "Clean Halls" building, the theory continued, anyone entering was agreeing to be seized and searched, and therefore had no basis to complain. 

The problem, as Judge Scheindlin found, was that the program theoretically only applied to trespassers, those unauthorized to be there, and yet it was applied arbitrarily to everyone.  Her point was that police were required to have reasonable suspicion that someone was a trespasser before seizure.  As far as the police were concerned, everyone was a trespasser until proven to their satisfaction otherwise.  This crossed the imprecise line.

While the decision is a great one for a long-fought battle, its reporting in the media is disturbing.  The New York Daily News headline reads "NYPD's controversial 'Stop and Frisk' policy ruled unconstitutional."  Not even close to accurate. The New York Times does a little better, opening its story with

An element of the New York Police Department’s stop-and-frisk practice was deemed unconstitutional by a federal judge on Tuesday, a ruling that may have broad implications for the city’s widespread use of police stops as a crime-fighting tactic.

Is it fair to call the Clean Halls Program "an element" of Stop & Frisk?  Perhaps, even though it pre-dated Stop & Frisk by more than a decade, is grounded in putatively authorized trespass affidavits and presents at least a marginally arguable basis to seize and question people entering private premises. 

In contrast, the Stop & Frisk program is founded solely upon the fiction that police, spotting something about a person walking down the street, minding his own business, that gives rise to some unspecified curiosity on the cop's part, creates a basis for the officer to throw the black kid against a wall, interrogate him and search him.  In other words, it is far more intrusive, unjustifiable and unconstitutional. 

Ironically, Judge Scheindlin is also the judge on two additional suits challenging Stop & Frisk, and it is fair to say that the same core constitutional issue exist in all three actions. The decision in this case, thus, bodes well for questions of similar constitutional deprivations in the others, and to that extent, it's not entirely wrong to connect the Clean Halls decision to the Stop & Frisk program.

But there are two problems with conflating the cases, as the media has unfortunately done. First, the war against Stop & Frisk is hardly won, despite headlines to the contrary.  To suggest otherwise is irresponsible and inaccurate.  There is still a long way to go to establish that people who walk on the streets of New York City, particularly young black and Hispanic males, have the constitutional right to be left alone and free from seizure and search at will by police.

Second, as I was unceremoniously reminded by Sarah Steiner (and11 other CDLs hanging out in the counsel room at 100 Centre Street) after twitting about the decision yesterday, the injunction may remove a facile tool for police to seize and search in violation of the 4th Amendment, but that merely compels police to up their game to making up excuses to do so.  It does not mean they will start honoring the Constitution.

It's a battle won, and given how few battles are won, worthy of some celebration. But the war continues, and that shouldn't be forgotten.

© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2013/01/09/nypds-clean-halls-program-enjoined.aspx?ref=rss

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Evaluating and Negotiating Workers’ Compensation Claims

Closing a workers’ compensation claim involves a two-step process: evaluation and negotiation. On Ringler Radio, host Larry Cohen joins colleague, Teddy Snyder, Esq. and Attorney Sylvia Lopez from Bakersfield, California, to talk about closing workers’ compensation claims. They explore the risks and advantages to a claimant and employer in closing a workers’ compensation claim, the importance of rated age and how a structured settlement can give injured workers the best of both worlds.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/05/evaluating-and-negotiating-workers-compensation-claims/

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Gun advocates get the cold shoulder from appeals court

During oral arguments Wednesday, the D.C. Circuit was cool to a challenge to a government demand that gun dealers in four border states turn over information about bulk sales of semiautomatic rifles. Mere weeks after a gunman used a semiautomatic rifle to kill 20 children and six adults at a school in Newtown, Conn., the court showed little sympathy for Arizona gun dealers and a firearms association based in Newtown.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202583871830&rss=newswire

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Colo. Task Force Navigates New Pot Rules

Recreational marijuana may be legal in Colorado after voters approved it last November. But there are still no rules on where or how to buy it. That's just one of the many issues facing a task force in the state.

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Source: http://www.npr.org/2013/01/07/168771092/colo-task-force-navigates-new-pot-rules?ft=1&f=1070

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