Source: http://news.feedzilla.com/en_us/stories/law/video/350417829?client_source=feed&format=rss
attorney attorney at law attorney definition attorney directory attorney fees
Monday, January 6, 2014
No district court jurisdiction for federal employee challenging adverse employment action (6-3)
The US Supreme Court held this morning that the Civil Service Reform Act (CSRA) precludes district court jurisdiction over Elgin's claim that his removal from federal service was based on an unconstitutional statute. The procedural route prescribed by the CSRA is by appeal to the Merit Systems Protection Board (MSPB) and, if dissatisfied with the result, appeal to the Federal Circuit, whose decisions in turn are reviewable by the Supreme Court.
Elgin v. Dept of Treasury (US Supreme Ct 06/11/2012)
A federal statute bars employment in the executive branch of male citizens who failed to register for the draft. Elgin, who had been discharged from his job, first challenged the decision before the MSPB - arguing that the statutory bar was unconstitutional - but an ALJ dismissed his case on the ground that the MSPB lacked authority to review the constitutionality of a federal statute. Rather than appealing from that decision, Elgin sued in federal district court.
The US Supreme Court held that the district court lacked jurisdiction because it is "fairly discernable" from the CSRA's text, structure, and purpose that Congress precluded district court jurisdiction over Elgin's claims. Based on CSRA's text and structure, there is no exception for constitutional challenges to federal statutes. If the MSPB lacks power to hear such claims, they can be meaningfully addressed by the Federal Circuit.
The DISSENT argued that Elgin's "constitutional claims are a far cry from the type of claim that Congress intended to channel through the [MSPB]."
Source: http://www.lawmemo.com/blog/2012/06/no_district_cou.html
Syria, Iraq, Egypt deadliest nations for journalists: report
[JURIST] The Committee to Protect Journalists (CPJ) [official website] published a report [text] Tuesday finding Syria the most dangerous nation in the world for journalists, with Egypt and Iraq just behind. The CPJ's report found that of the estimated 70 journalists killed worldwide [CPJ database] in 2013, 29 were in Syria. Egypt and Iraq, countries marred by considerable sectarian and political violence, saw a considerable increase in journalist deaths, displacing Pakistan and Somalia as the second and third deadliest nations...
Source: http://jurist.org/paperchase/2013/12/syria-iraq-egypt-deadliest-nations-for-journalists.php
company law conservator copyright lawyer corporate law corporate lawyer
Lawyers Swarm to Ghost Blogging, But is it Ethical?
The days of just having a website are over. With the increase in social media profiles and supplementary links lawyers need to rank well in search engines, it’s no surprise they are farming out their blogging, and whatever else they can, to keep up. There are many services out there which will provide blog posts, but does this fit within the Model Rules of Professional Conduct? According to lawyer and blogger Kevin O’Keefe, ghost blogging defeats the purpose of blogging and, with no disclosure, is unethical.
Kevin O’Keefe is the founder and CEO of Lexblog, a leading provider of social media and blogging to law firms. After working as an attorney for 17 years, successfully marketing his firm online, he redirected his energies to educating lawyers about the use of social media and blogging. He also writes Real Lawyers Have Blogs.
On this edition of The Digital Edge, hosts Sharon D. Nelson, Esq. and Jim Calloway are joined by O'Keefe to discuss the purpose of blogging and the ethical dilemmas of ghost blogging.
Kevin O’Keefe is the founder and CEO of Lexblog, a leading provider of social media and blogging to law firms. After working as an attorney for 17 years, successfully marketing his firm online, he redirected his energies to educating lawyers about the use of social media and blogging. He also writes Real Lawyers Have Blogs.
On this edition of The Digital Edge, hosts Sharon D. Nelson, Esq. and Jim Calloway are joined by O'Keefe to discuss the purpose of blogging and the ethical dilemmas of ghost blogging.
Passing the Tech Skills Competency Audit
Casey Flaherty, corporate counsel at Kia Motors America, has gotten a lot of attention recently with a basic technology competency audit he administers to outside law firms and the failing grades lawyers at those firms have received. There has always been an ongoing conversation of what basic technology skills lawyers need. The ABA’s Ethics 2020 recommendation that a basic knowledge of common software techniques be a part of the definition of “competence,” has also shined the spotlight on this issue. In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss Flaherty’s technology audit approach, the responses it has prompted, and how this may or may not change the ways lawyers deal with technology skills. The second half of the episode will cover Apple’s much-rumored “iWatch” and the future of watch technology.
attorney law attorney lawyer attorneys bankruptcy attorney bankruptcy lawyer
Third-Party Risk Spotlight: Anti-Corruption
This podcast focuses on managing the risks associated with third party relationships, in particular risks related to potential violations of anti-corruption laws — the US Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, and looks at what might be learned from recent publicly-announced allegations against UK pharmaceutical company, GlaxoSmithKline PLC.
Learn best practices for mitigating third-party risk, informed by latest Department of Justice guidance, and explore tools to help implement those practices.
Learn best practices for mitigating third-party risk, informed by latest Department of Justice guidance, and explore tools to help implement those practices.
Source: http://legaltalknetwork.com/podcasts/tech-experts/2013/08/third-party-risk-spotlight-anti-corruption
attorney at law attorney definition attorney directory attorney fees
Law Firm Mergers: Two Blinding Glimpses of the Obvious
The Wall Street Journal carried a column on November 11, 2013, “Big Law Mergers Questioned," that contained two blinding glimpses of the obvious – one explicit, one implicit. The explicit one was straightforward, yet seemed to elude the understanding of the writer: that in pursuing mergers to create ever-bigger organizations, law firms are simply following the paths of their clients. We saw this in the 1930s and 1940s and later when unions became larger in order to do battle with management. Today law firms are combining in order to be more respected, better received, and perceived as players in the corporate world. Small law firms supposedly can’t play in the same ballpark as a very large customer (corporate America).
Does merging law firms to make them bigger actually make them better? The answer is “yes” only when the parties have thought through what they want to accomplish and what synergies exist between them. One has to be old enough to recall that corporate America once thought that “bigger was better” when viewing itself. Then these conglomerates seemed to collapse of their own weight. The phrase, “getting back to core competencies,” became the watchword and large enterprises began breaking up into smaller units.
That’s where we get the second “blinding glimpse” – the smallest unit in a law firm is the lawyer. And corporate client after corporate client in the Journal article said that the individual lawyer is most important to them. “We hire lawyers, not law firms,” the GC of Hewlett Packard said flatly. There is some disagreement over this assertion.
Theoretically teams institutionalize the work done for a given client as they involve other firm lawyers in the delivery of legal services, even if one lawyer remains the client’s primary contact. But in a megafirm of thousands of lawyers, team members are interchangeable.
When you have a problem with your car, do you contact GM or Toyota headquarters, or the friendly mechanic at your neighborhood garage? Even neighborhood garages grow, but their size is infinitesimal compared to GM or Toyota. There is a limit to "bigger is better" beyond which "core competencies" begin to falter. Firms are kidding themselves if they think bigger by itself makes them better. And clients, often wanting to be close to the center of the law firm, will still engage a smaller, but yet large (regional) law firm.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/hX1Kjo68DP0/
need a lawyer patent lawyer personal injury personal injury attorney personal injury attorneys
Sunday, January 5, 2014
Don't send your clients elsewhere
Linda Popky, marketing consultant of Leverage2Market, writes her Top of Mind piece this week about a serious marketing blunder, as follows:
“.... (T)he local Orchard Supply Hardware (OSH) store featured a great buy on a tabletop propane heater....There was only one problem. A propane heater naturally requires propane to work. And even though OSH carries small portable propane tanks, they didn't have the ones in the proper configuration to fit the heater. Whoops.
“So making this (purchase) work required an additional trip to ... Home Depot (to get the correct propane tank) ... Driving your customers to visit your competition to complete their product experience with you (is) not the best way to keep the flames of loyalty burning bright.”
As Linda suggests, make it easy to do business with you, not hard. Examples include answering phone calls quickly (as on the first ring) and messages returned promptly (no later than the next day. Being astute in The Business of Law® will create loyal clients.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/8rObHq0Twzk/
find a lawyer find an attorney find attorney find lawyer free attorney consultation
Second Circuit Clarifies Scope of SLUSA Preclusion
In Trezziova v. Kohn (In re Herald, Primeo & Thema Sec. Litig.), No. 12-156-cv, 2013 U.S. App. LEXIS 19132 (2d Cir. Sept. 16, 2013), the United States Court of Appeals for the Second Circuit affirmed the dismissal of state law class action claims alleging, among other claims, that defendants had aided and abetted Bernard Madoff Investment Securities’ (“BMIS”) Ponzi scheme. Plaintiffs were investors in the defendant investment companies and funds, which had, in turn, invested large sums of money in BMIS. The Court held the claims were precluded by the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”), 15 U.S.C. § 78bb(f), even though plaintiffs did not actually purchase any “covered securities” under SLUSA and did not style their claims as securities fraud allegations. The fact that plaintiffs’ allegations centered on purported sales of covered securities by BMIS was sufficient to trigger SLUSA.
Plaintiffs brought various state law claims against defendants JPMorgan Chase & Co. and Bank of New York Mellon, both of which had provided banking services to BMIS. Plaintiffs alleged that the banks had known about BMIS’ securities fraud, chosen not to report the fraud, and instead assisted BMIS in the commission of the fraud. The claims, which included claims for civil conspiracy, aiding and abetting, conversion, breaches of fiduciary duty and unjust enrichment, were all purported state law claims. Defendants moved to dismiss.
The United States District Court for the Southern District of New York granted the motion to dismiss, holding that the claims were precluded by SLUSA. SLUSA generally bars plaintiffs from bringing actions based on state common or statutory law on behalf of more than fifty people “in connection with the purchase or sale of a covered security.” SLUSA adopts the definition of “covered security” in the Securities Act of 1933 as one that is “listed, or authorized for listing, on [the national exchanges]” or one that is “issued by an investment company that is registered . . . under the Investment Company Act of 1940.” Though plaintiffs’ claims sprung from their investments in what were actually “foreign feeder funds” and not “covered securities,” the court held that SLUSA nevertheless applied because BMIS’ investment strategy involved the purported purchase and sale of “covered securities.” Since plaintiffs’ claims were “integrally tied” to BMIS’ fraud, the district court held they were precluded under SLUSA.
The Second Circuit affirmed, agreeing with the district court on two key issues. First, the Court affirmed the district court’s holding that the fact that BMIS had only pretended to execute trades of covered securities, and had actually invested plaintiffs’ money in foreign feeder funds, did not prevent plaintiffs’ claims from being precluded by SLUSA. Defendants’ potential liability, the Court observed, hinged not on the investment in the feeder funds, but on defendants’ alleged assistance of BMIS’ Ponzi scheme, which involved purported investments in “covered securities.” Next, the Court affirmed that plaintiffs’ allegations were precluded by SLUSA even though plaintiffs had not framed their allegations as securities fraud claims. The Court noted that SLUSA requires it to look past the pleadings to the realities of the underlying claims. SLUSA does not allow plaintiffs to avoid preclusion merely by omitting references to federal securities laws. Because the complaints essentially alleged defendants were complicit in BMIS’ securities fraud, and were thus integrally tied to that securities fraud, the allegations were “more than sufficient” to trigger SLUSA preclusion.
The Second Circuit’s decision here clarifies the scope of actions that fall within the ambit of, and may be precluded by, SLUSA. Plaintiffs attempting to bring securities fraud class actions will not be able to avoid SLUSA preclusion by alleging only state law claims. This decision brings courts closer to effectuating the purpose of SLUSA, and requiring plaintiffs bringing securities fraud class actions to comply with the heightened pleading requirements of the Private Securities Litigation Reform Act of 1995.
For further information, please contact John Stigi at (310) 228-3717 or Robin Achen at (213) 617-5579.
personal injury lawyers power attorney power of attorney power of attorny
Paralegal Career 101: Dealing with Work-Related Stress
On this September edition of The Paralegal Voice, co-hosts Lynne DeVenny and Vicki Voisin explore the different kinds of work-related stressors many paralegals face on a day-to-day basis. They talk about the realities associated with an exciting but deadline-driven, detail-oriented paralegal job, and offer tips for both anticipating and resolving common stressors.
legal news legal services lemon law letter of attorney litigation attorney
Building an Effective Policy Management Program: Getting Started
This podcast takes a closer look at why a policy on policies, or meta-policy, is the foundation for any effective policy management program and what a strong meta-policy should cover. Learn about the important role that technology can play in enforcing a meta-policy, helping ensure that a policy management program is both effective and sustainable.
The podcast features Lisa Hill, former Senior Business Leader and Corporate Policy Manager at Visa and current Policy Pundit for GRC 20/20 Research / President of Policyscape Consulting and Daniel de Juan, Director of Product Management GRC at Datacert. Together, they discuss best practices and technology for successful policy management.
The podcast features Lisa Hill, former Senior Business Leader and Corporate Policy Manager at Visa and current Policy Pundit for GRC 20/20 Research / President of Policyscape Consulting and Daniel de Juan, Director of Product Management GRC at Datacert. Together, they discuss best practices and technology for successful policy management.
lemon law letter of attorney litigation attorney local attorney
Paralegal Proofreading Tips
In this episode of The Paralegal Voice, Paralegal Mentor Vicki Voisin chats with Kathy Sieckman about the importance of proofreading and specific proofreading tips for paralegals.
Kathy Albrecht Sieckman, PLS, PP, ACP developed an interest in proofreading when she sat for a certification exam. Since then she has become known by her family and her co-workers as the go-to person when they have grammar questions. She has worked as a paralegal and a secretary for more than 30 years, where she can apply her extra curricular interest in grammar – You’ll find tips on her blog: www.proofthatblog.com. She is also the marketing director for NALS.
Learn from the experts: Voisin and Sieckman discuss why proofreading is difficult, which proofreading tools you can rely on and those that are unreliable, approaches to proofreading on your own, and common proofreading errors paralegals should avoid.
A special thanks to our sponsor, NALA.
Kathy Albrecht Sieckman, PLS, PP, ACP developed an interest in proofreading when she sat for a certification exam. Since then she has become known by her family and her co-workers as the go-to person when they have grammar questions. She has worked as a paralegal and a secretary for more than 30 years, where she can apply her extra curricular interest in grammar – You’ll find tips on her blog: www.proofthatblog.com. She is also the marketing director for NALS.
Learn from the experts: Voisin and Sieckman discuss why proofreading is difficult, which proofreading tools you can rely on and those that are unreliable, approaches to proofreading on your own, and common proofreading errors paralegals should avoid.
A special thanks to our sponsor, NALA.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/08/paralegal-proofreading-tips/
California top court grants law license to immigrant in country illegally
[JURIST] The California Supreme Court [official website] ruled [text, PDF] on Thursday that an immigrant in the country illegally may be admitted to the state bar. The court admitted Sergio Garcia based on a new California statute [Business and Professions Code section 6064, PDF] which grants the court discretion to admit any individual "who is not lawfully present in the United States" that fulfills all the requirements for admission. Garcia, who was born in Mexico and brought to the US...
free lawyers free legal advice free legal aid getting power of attorney
Demythologizing the Mythical Paperless Office
For many years, lawyers have chased after the holy grail of the paperless office. While the basic techniques and strategies have largely stayed the same and the technology and tools have gotten better, most lawyers and firms have not attained the elusive goal of a “paperless” office. Is the goal simply unachievable or is it just too hard to execute on what it takes to achieve the goal? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the history and current state of paperless office efforts, approaches that might (or might not) work for you, and whether the end of paper is within sight. The second half of the episode will cover Georgetown University's new "Iron Tech" Contest where students create a new application, platform, or system to improve access to justice and/or legal representation.
employment law employment law courses employment lawyer employment lawyer san diego employment lawyers
Saturday, January 4, 2014
Law 2014: January Brings Brutal Weather . . . and a Host of New Laws
As the world ushered in a new year, the federal government and statehouses across America ushered in thousands of new laws.
cyber law defense attorney defense lawyer discrimination lawyers
Bombs Away: Erasing Information in the Big Data Era
In this April edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Barclay Blair, founder of ViaLumina an information governing consulting service, to talk about the idea of digital data being erased. We know that simply putting it in the trash can on our desktop isn’t enough, but can it be done? They will also discuss mobile apps which claim they immediately erase data like Snapchat: Does this data actually self destruct? And is using apps like this a liability in court because it looks like there is something to hide?
dumb laws dwi lawyer electronic power of attorney employment attorney employment law
LawBiz® Legal Pad: The Times, They are a Changin', Part 1
Ed discusses what does and doesn't change about the business model for lawyers.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/67BLZng94eQ/
Obama Administration Moves To Alter Gun-Buying Rules
Federal agencies are proposing new rules for handling gun buyers' background checks, in changes the White House says will "keep guns out of potentially dangerous hands." The changes include a clarification of rules barring firearm possession due to mental health problems.
» E-Mail This » Add to Del.icio.us
attorney fees attorney finder attorney law attorney lawyer attorneys
Maneuvering Your Paralegal Career from Start to Finish
On the April edition of The Paralegal Voice Vicki Voisin hosts Charlsye Smith Diaz, a professor of technical writing at The University of Maine, who got her start as a paralegal.
Diaz and Voisin met through The National Association of Legal Assistants (NALA) and there they decided to co-author a book, The Professional Paralegal: A Guide to Finding a Job and Career Success. The book was written with both beginning and experienced paralegals in mind.
In this episode of The Paralegal Voice, Voisin and Diaz discuss the different phases of a paralegal career, including writing and interview tips, what to do when you get a job, how to organize your workspace and your time, as well as the steps to take to make your career both interesting and fulfilling.
Diaz and Voisin met through The National Association of Legal Assistants (NALA) and there they decided to co-author a book, The Professional Paralegal: A Guide to Finding a Job and Career Success. The book was written with both beginning and experienced paralegals in mind.
In this episode of The Paralegal Voice, Voisin and Diaz discuss the different phases of a paralegal career, including writing and interview tips, what to do when you get a job, how to organize your workspace and your time, as well as the steps to take to make your career both interesting and fulfilling.
immigration law immigration lawyer immigration lawyers injury attorney
Apparently ATMs Aren’t All That Secure
The Juice has blogged about people stealing entire ATMs before. But this? As reported by thebrooklynpaper.com:
A lowlife swiped thousands in cash from a Third Avenue money machine on Dec. 27 — then doused the dollar dispenser in chlorine, cops reported.
Security cameras caught the villain breaking open the automatic teller between 79th and 80th streets at 3 am and taking $8,000 from inside — before pouring bleach all over the machine, cops said.
Who knew? Looks like at least one ATM manufacturer has some retooling to do!
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/EHmw9ydAOEw/sd-4.html
criminal law cases criminal laws criminal lawyer criminal lawyers cyber law
OPINION: A Calculation of Fido's Value Must Include Warm, Fuzzy Factor
Awarding traditional property damages in cases of injured or killed pets falls short.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202631180028&rss=rss_nlj
legal aid legal aid eugene oregon legal aid society legal counsel
Nourishing Creativity with Constraints
Hosts Dennis Kennedy and Tom Mighell are exploring a new social media outlet called Vine where users create videos, constricted to six-seconds in length. This inspired the discussion of nourishing creativity with a length constraint. Twitter limits users to 140 characters, Instagram allows only one photo per post, and Snapchat limits users to sending a photo for 10 seconds or less before it disappears from both the sender and the recipient’s device. On this episode of Kennedy Mighell report, your hosts will discuss how technology constraints can produce surprising results for lawyers, whether they participate in social media or not.
Source: http://legaltalknetwork.com/podcasts/2013/04/nourishing-creativity-with-constraints
probate attorney real estate attorney real estate lawyer solicitor solicitors
Friday, January 3, 2014
Choosing a Law Firm Entity Structure
On this October edition of The Legal Toolkit, Jared Correia, Senior Law Practice Advisor with Mass. LOMAP, joins Chiara LaPlume, principal of LaPlume Law, LLC and Sofia Lingos, principal of Lingos Law, to address entity choice for lawyers and law firms. Chiara and Sofia run down the options for law firms and solo lawyers (including d/b/a’s and limited liability entities), talk about why it’s essential to have a partnership agreement and relay why it may useful for an attorney to hire another lawyer to help them get incorporated.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/10/choosing-a-law-firm-entity-structure/
business law business lawyer civil attorney colleges for lawyers
DOJ Expected To Defend Health Law's Contraceptive Mandate
The Justice Department will answer a challenge to a provision in the law requiring most employers that offer health insurance to include birth control at no cost. A group of Catholic nuns objects to the provision, and they won a temporary reprieve from Supreme Court Justice Sonia Sotomayor.
» E-Mail This » Add to Del.icio.us
find a lawyer find an attorney find attorney find lawyer free attorney consultation
Colorado's Pot Law Fires Up This Week
Retail sales of recreational marijuana are now legal in Colorado. Host Michel Martin looks at the highs, and possible lows of the new law with Dana Coffield of The Denver Post, and The Sacramento Bee's Peter Hecht, author of Weed Land.
» E-Mail This » Add to Del.icio.us
Source: http://www.npr.org/2014/01/02/259120109/colorados-pot-law-fires-up-this-week?ft=1&f=1070
Dying Lawyer Convicted Of Aiding Terrorism Leaves Prison
In 2005, Lynn Stewart was convicted of helping blind Egyptian cleric Sheik Omar Abdel Rahman communicate with followers while he was serving a life sentence for plotting to blow up New York City landmarks.
Thieves Literally Leave A Trail From Crime Scene
It was an easy day at the office for the police officers assigned to this caper. As reported by The Daily Mail:
It was an early festive gift for John Dacre who had called in ‘special branch’ after the [Christmas] trees and dozens of holly wreaths and festive decorations went missing from his nursery in Spenborough, West Yorkshire.
The thieves had even stolen two of his trollies to cart off their loot.
You were given a hint as to how they were caught…
… once Mr Dacre had spotted the incriminating pine needles on the ground the police were soon on the case.
Together they followed the trail along the Spen Valley Ringway and across fields, stopping at a house in Firthcliffe where the officers found the trees [dumped in a garden].
Ironically, the stolen trees were “supposed to be “low needle drop” trees which don’t shed so easily.” Mr. Dacre was clearly thrilled with the outcome.
‘The police were absolutely brilliant. We walked together following this trail through the pouring rain and I joked to them that all we needed was a big magnifying glass and then we’d be real supersleuths!’
The thieves, not so much. See, the police didn’t just find the stolen items at the house.
‘As an extra present, officers also found a cannabis farm at the address.’
Hmm. Perhaps the owners sampled the crop earlier that day? Here’s the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/H2_Cxv1OZvI/s-14.html
Post DOMA and Prop 8 Rulings: The Next Move for Gay Rights
With the Supreme Court’s Prop 8 and DOMA rulings, same-sex marriage is now legal in California and same-sex married couples can receive federal benefits across the nation. These landmark decisions for gay rights have sparked the question: is nationwide marriage equality on the way? On this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams will talk with Constitutional Law Professors Mark Tushnet and William Eskridge about what the history of both the gay rights and the civil rights movements have to say for the future of gay rights in America.
• Harvard Law Professor Mark Tushnet specializes in constitutional law and theory, with a focus in examining the practice of judicial review in the U.S. and worldwide. He has served as a law clerk to Justice Thurgood Marshall. Currently, his focus is in constitutional history and the development of civil liberties. He is known for his critical and controversial analysis of Supreme Court rulings, including Brown v. The Board of Education and Roe v. Wade.
• William Eskridge, Yale Law Professor, focuses in statutory interpretation. He represented a same-sex-married couple from 1990-1995 who sued for recognition of their marriage and has published many books covering the political framework of gay rights. The historical component of his book GayLaw was the basis of an amicus brief he drafted for the Cato Institute and for much of the Court’s (and dissenting opinion’s) analysis in Lawrence vs. Texas, the decision which made same-sex sexual activity legal in every U.S. state.
These law professors will provide unique insight to the future of gay rights through their knowledge and experience with Supreme Court rulings and civil liberties movements.
Thanks to our sponsor, Clio.
• Harvard Law Professor Mark Tushnet specializes in constitutional law and theory, with a focus in examining the practice of judicial review in the U.S. and worldwide. He has served as a law clerk to Justice Thurgood Marshall. Currently, his focus is in constitutional history and the development of civil liberties. He is known for his critical and controversial analysis of Supreme Court rulings, including Brown v. The Board of Education and Roe v. Wade.
• William Eskridge, Yale Law Professor, focuses in statutory interpretation. He represented a same-sex-married couple from 1990-1995 who sued for recognition of their marriage and has published many books covering the political framework of gay rights. The historical component of his book GayLaw was the basis of an amicus brief he drafted for the Cato Institute and for much of the Court’s (and dissenting opinion’s) analysis in Lawrence vs. Texas, the decision which made same-sex sexual activity legal in every U.S. state.
These law professors will provide unique insight to the future of gay rights through their knowledge and experience with Supreme Court rulings and civil liberties movements.
Thanks to our sponsor, Clio.
free lawyers free legal advice free legal aid getting power of attorney government lawyer
Bombs Away: Erasing Information in the Big Data Era
In this April edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Barclay Blair, founder of ViaLumina an information governing consulting service, to talk about the idea of digital data being erased. We know that simply putting it in the trash can on our desktop isn’t enough, but can it be done? They will also discuss mobile apps which claim they immediately erase data like Snapchat: Does this data actually self destruct? And is using apps like this a liability in court because it looks like there is something to hide?
traffic lawyer traffic ticket lawyer absolute power of attorney attorney
Technology-Enhanced Television
As rumors of a game-changing new Apple TV begin to swirl, we wonder whether technology will start to change the way we watch television. Or maybe it already has. Does technology always need to have "productive" uses? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell turn to a "non-serious" technology topic for the end of summer, explore ways technology, especially tablets, can enhance your TV viewing experience, and find some surprisingly serious conclusions about where technology is taking us.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/technology-enhanced-television/
employment attorney employment law employment law courses employment lawyer employment lawyer san diego
Thursday, January 2, 2014
Paralegals Are Key in Witness Preparation
Katherine James was getting her masters in acting when her mentor was called to jury duty. The stories he had after his experience in court inspired her to open ACT of Communication: Consultants in the Art of Advocacy. The organization brings state-of-the-art communication skills to attorneys and their witnesses. James uses what she learned in acting school, like the importance of eye contact and clear communication, to prep attorneys and witnesses for the courtroom. With more than 30 years of experience, she has helped take more than 15,000 cases to trial.
On this edition of The Paralegal Voice host Vicki Voisin talks with James about her career in witness preparation and the importance of paralegals in her work. James stresses that paralegals are the key to getting to know witnesses, the first step to making them feel comfortable with their role in the case. She also provides tips for witness preparation such as practicing on camera, the importance of appearance and wardrobe, and more.
There is also a surprise interview at the end of the show where listeners can get to know Jericka Lyon, fellow paralegal and winner of a trip to Los Angeles and tickets to the Dancing With the Stars Finale through the Legal Talk Network giveaway!
Special thanks to our sponsor, National Association of Legal Assistants (NALA).
On this edition of The Paralegal Voice host Vicki Voisin talks with James about her career in witness preparation and the importance of paralegals in her work. James stresses that paralegals are the key to getting to know witnesses, the first step to making them feel comfortable with their role in the case. She also provides tips for witness preparation such as practicing on camera, the importance of appearance and wardrobe, and more.
There is also a surprise interview at the end of the show where listeners can get to know Jericka Lyon, fellow paralegal and winner of a trip to Los Angeles and tickets to the Dancing With the Stars Finale through the Legal Talk Network giveaway!
Special thanks to our sponsor, National Association of Legal Assistants (NALA).
criminal defence lawyer criminal defense criminal defense attorney criminal defense attorneys
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/
colorado disability lawyer commercial law common law company law conservator
In Light of NSA Surveillance, Should Lawyers Encrypt?
In this edition of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss encryption. The recent news coverage of the NSA surveillance has everyone talking about who can access their data, and this is especially relevant to practicing attorneys, who have to consider both their own data as well as that of their clients. According to your hosts, 30% of lawyers are using encryption to secure files and only 24% are using it to send email. This poses the question: Has the time for lawyers using encryption arrived?
The second segment of the show will talk about Tom’s switch from the iPhone to the Android smartphone. Learn how and why he made the decision to make the change and his review, so far.
Special thanks to our sponsor, Transporter.
The second segment of the show will talk about Tom’s switch from the iPhone to the Android smartphone. Learn how and why he made the decision to make the change and his review, so far.
Special thanks to our sponsor, Transporter.
The iPad Practice
Do you use an iPad in your legal practice? On The Un-Billable Hour, host Attorney Rodney Dowell, chats with Tom Mighell, the author of three books about the use of iPads, iPad in One Hour For Lawyers, iPad Apps in One Hour For Lawyers, and soon to be released, iPad in One Hour for Litigators, about the explosive growth of the use of iPads in the legal profession, and Tom’s favorite productivity and entertainment apps for the legal iPad.
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/08/the-ipad-practice/
corporate law corporate lawyer criminal attorney criminal defence lawyer criminal defense
Digital Cameras in Law: Are Smartphones Good Enough?
These days, the camera in your pocket (your smartphone camera) is powerful enough to meet all of your 'good-enough' photo needs. So what are the pros and cons as well as legal precedents involved with opting for your smartphone the next time you need to take a photo? What are the evidence handling and discovery implications? In this episode, Dennis and Tom share their experience with digital photography, smartphone cameras and applications to manage these files. In the second half of the show, our hosts suggest reaching for your tablet if you're looking for better ways to present and also offer some great general tips on presenting PowerPoint and Keynote slideshows.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/02/digital-cameras-in-law/
employment law courses employment lawyer employment lawyer san diego employment lawyers
Skype Counts as Computer Depiction in Sex-Abuse Case
Interactions and images portrayed over the telecommunication system Skype are considered to be "computer depictions" as per Pennsylvania's child pornography laws, the state Superior Court has ruled.
free lawyer free lawyer advice free lawyer consultation free lawyer consultation california free lawyers
Can We Constitutionally Implement Stop and Frisk?
On this edition of Lawyer2Lawyer, Bob Ambrogi speaks with Sunita Patel of the Constitutional Center for Human Rights and Heather Mac Donald of the Manhattan Institute for Policy Research on Judge Scheindlin's recent ruling, Floyd vs. City of New York, which deemed the NYPD’s use of the stop-and-frisk policy unconstitutional.
• Sunita Patel, an attorney for the Center for Constitutional Rights, litigates racial profiling, immigrant justice, and other human rights issues. She represents the named plaintiffs in the Floyd class action, four minority men who argued that the stop-and-frisk law was being upheld unconstitutionally and caused indirect racial profiling. The case was filed by the CCR.
• Heather Mac Donald is a John M. Olin fellow at the Manhattan Institute and a contributing editor at the City Journal. She covers a number of topics including immigration, policing and racial profiling, and the New York courts. She has been featured in numerous publications regarding why the stop-and-frisk ruling will increase New York crime.
Tune in to hear Patel and Mac Donald’s opinions on the stop-and-frisk policy and how it affects crime rates, what the ruling means for the NYPD and similar policies nationwide, and if they think stop and frisk can be carried out constitutionally.
A special thanks to our sponsor, Clio.
• Sunita Patel, an attorney for the Center for Constitutional Rights, litigates racial profiling, immigrant justice, and other human rights issues. She represents the named plaintiffs in the Floyd class action, four minority men who argued that the stop-and-frisk law was being upheld unconstitutionally and caused indirect racial profiling. The case was filed by the CCR.
• Heather Mac Donald is a John M. Olin fellow at the Manhattan Institute and a contributing editor at the City Journal. She covers a number of topics including immigration, policing and racial profiling, and the New York courts. She has been featured in numerous publications regarding why the stop-and-frisk ruling will increase New York crime.
Tune in to hear Patel and Mac Donald’s opinions on the stop-and-frisk policy and how it affects crime rates, what the ruling means for the NYPD and similar policies nationwide, and if they think stop and frisk can be carried out constitutionally.
A special thanks to our sponsor, Clio.
find attorney find lawyer free attorney consultation free lawyer
G-Harmony: Motorola Mobility's Law Department Embraces Google Culture
Last year, Google bought Motorola Mobility for $12.5 billion. As usually happens in such a merger, the law department went though a significant re-organization. Of the law department's 250 people, 150 departed post-merger — some to Google headquarters in Mountain View, Calif., others left the company. The MM law department took Google's instructions to better use technology to heart, and not only "ate the dog food," (i.e., used Google technology) but became a "skunkworks" operation — actually developing new technology tools and apps to help the legal team streamline processes and deliver faster, better, cheaper, and transparent legal services.
Law Technology Now host Monica Bay, an attorney and editor-in-chief of ALM’s Law Technology News, interviews David Kenzer, Motorola’s vice president of law, and Elizabeth Jaworksi, director of legal operations, about how the MM law department embraced Google's culture.
Law Technology Now host Monica Bay, an attorney and editor-in-chief of ALM’s Law Technology News, interviews David Kenzer, Motorola’s vice president of law, and Elizabeth Jaworksi, director of legal operations, about how the MM law department embraced Google's culture.
colorado disability lawyer commercial law common law company law conservator
Wednesday, January 1, 2014
California Tax Relief for Sellers of Qualified Small Business Stock
On Friday October 3, 2013, Governor Brown signed into law AB 1412, which provides full relief for individuals affected by the decision in Cutler v. Franchise Tax Board, where the California Court of Appeal held that the California tax incentives relating to the sale of qualified small business stock discriminated against interstate commerce and were therefore unconstitutional.
Under the new legislation, which is retroactive in application, all shareholders selling qualified small business stock (QSBS) will qualify for the gain deferral and 50% exclusion incentives, regardless of the percentage of the corporation’s assets used in the conduct of business in California or the percentage of corporation’s California payroll.
The Franchise Tax Board had previously taken the position, expressed in FTB Notice 2012-03, that the court’s decision in Cutler made California’s entire QSBS statute invalid and unenforceable, and, as a result, all QSBS gain exclusions and deferrals previously allowed under California law became invalid. Taxpayers who previously took advantage of California’s treatment of QSBS in years still open for assessment under the 4-year statute of limitations rule (generally 2008 and later) were therefore required to recompute their taxable income for each affected year and file amended returns without excluding or deferring gains from the disposition of QSBS. With the enactment of AB 1412, there is now full (retroactive) relief for individuals affected by the Cutler decision.
For taxpayers who filed their 2008 – 2012 tax returns and were contacted by the FTB regarding their QSBS election, the FTB will notify them of the following:
- Pending Notices of Proposed Assessments based on the Cutler decision or FTB Notice 2012-3 will be withdrawn.
- Closing letters will be mailed to taxpayers who signed a limited QSBS waiver for 2008.
- Unpaid tax, interest, or penalty assessed as a result of the Cutler decision/FTB Notice 2012-3 will be abated.
- Refunds for payments received related to the Cutler decision/FTB Notice 2012-3 will be issued. No action is needed by taxpayers to request refunds, unless they do not hear from the FTB by November 30, 2013.
Taxpayers who filed their 2008–2012 tax returns and did not claim the QSBS election may now do so. However, the FTB’s position is that the QSBS must have met the 80% California payroll requirement at the time of acquisition to claim the 50% gain exclusion or deferral in order to file an amended return (claim for refund) if the statute of limitations is open.
Information from the FTB can be found here.
attorney definition attorney directory attorney fees attorney finder
The iPad Practice
Do you use an iPad in your legal practice? On The Un-Billable Hour, host Attorney Rodney Dowell, chats with Tom Mighell, the author of three books about the use of iPads, iPad in One Hour For Lawyers, iPad Apps in One Hour For Lawyers, and soon to be released, iPad in One Hour for Litigators, about the explosive growth of the use of iPads in the legal profession, and Tom’s favorite productivity and entertainment apps for the legal iPad.
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/08/the-ipad-practice/
From Moneyball to Moneylaw: Driving Decisions with Data, the Legal Edition
Big Data is the big buzz phrase of the day. We certainly are living in the world of data – whether it’s big or not – but what happens if we turn data analytics onto law firms and legal datasets? Is this the new driver of legal decision making and technology? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss how data analytics might be applied to the most common set of law firm data, whether MoneyBall can bring us to MoneyLaw, and what data-driven law practice might look like. The second half of the show will discuss the idea of taking a hiatus from technology without taking a vacation from work.
Will Accused Boston Marathon Bomber Dzhokhar Tsarnaev Get the Death Penalty?
Dzhokhar Tsarnaev, the surviving brother of the accused for the Boston marathon bombings, has become a face of the media lately. His prosecution and potential sentence raises many questions for both the public and the legal world. Attorneys and co-hosts Craig Williams and Bob Ambrogi join Attorney Jack Cunha and Professor Douglas Berman to discuss the prosecution and trial of the suspect.
• Jack Cunha, of Cunha & Holcomb, is a practicing criminal attorney based in Boston, Massachusetts. A former instructor at Suffolk and Harvard Law Schools, Cunha lectures nationally for various associations and schools such as The National Association of Criminal Defense Attorneys, Harvard Law, and CLE Programs mainly on criminal defense.
• Douglas Berman, Professor of Law at The Ohio State University’s Moritz College of Law, has taught a myriad of courses at Ohio State including criminal law, criminal punishment and sentencing, and the death penalty. He is co-author of a casebook, Sentencing Law and Policy: Cases, Statutes, and Guidelines. He also writes a popular blog titled Sentencing Law and Policy.
Tune in to hear what these experienced professionals have to say as they answer questions such as: Although Massachusetts outlawed the death penalty in 1984, will prosecutors use federal law to seek the death penalty for Tsarnaev? Will the fact that the suspect is only 19 call for mitigation? and more.
• Jack Cunha, of Cunha & Holcomb, is a practicing criminal attorney based in Boston, Massachusetts. A former instructor at Suffolk and Harvard Law Schools, Cunha lectures nationally for various associations and schools such as The National Association of Criminal Defense Attorneys, Harvard Law, and CLE Programs mainly on criminal defense.
• Douglas Berman, Professor of Law at The Ohio State University’s Moritz College of Law, has taught a myriad of courses at Ohio State including criminal law, criminal punishment and sentencing, and the death penalty. He is co-author of a casebook, Sentencing Law and Policy: Cases, Statutes, and Guidelines. He also writes a popular blog titled Sentencing Law and Policy.
Tune in to hear what these experienced professionals have to say as they answer questions such as: Although Massachusetts outlawed the death penalty in 1984, will prosecutors use federal law to seek the death penalty for Tsarnaev? Will the fact that the suspect is only 19 call for mitigation? and more.
criminal defence lawyer criminal defense criminal defense attorney criminal defense attorneys criminal defense lawyer
2013's Trade Show Tech Trends
Your host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Bob Ambrogi, lawyer, writer, and media consultant, to talk about the latest tech trends they’ve seen at the trade-show circuit this year. Ambrogi runs a solo law firm where he represents clients in cases that cover the intersection of law, media, and technology. He also writes multiple blogs covering technology in law and is co-host of Legal Talk Network’s Lawyer2Lawyer podcast.
Bay and Ambrogi discuss the legal tech trends they’ve seen at Legal Tech NY and the ABA Tech Show, such as the rise of practice management software in the cloud, what working in the cloud means for client data security, economization through technology, and more.
Bay and Ambrogi discuss the legal tech trends they’ve seen at Legal Tech NY and the ABA Tech Show, such as the rise of practice management software in the cloud, what working in the cloud means for client data security, economization through technology, and more.
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2013/04/2013s-trade-show-tech-trends-2/
free lawyer consultation free lawyer consultation california free lawyers free legal advice
Getting to Yes: Advice for Legal Entrepreneurs from a Venture Capitalist
In the September edition of Law Technology Now, attorney Monica Bay, editor-in-chief of ALM's Law Technology News, interviews Robert Siegel, general partner at Xseed Capital about how Silicon Valley is becoming a hot bed of legal technology startups. With two major Bay Area universities — Stanford and the University of California Berkeley, both with strong synergies among their law schools and computer, engineering, and design departments — innovative law firms and venture capitalists are ready to collaborate, and the sky is the limit, says Siegel.
He explains how these dynamics combine to create opportunities for legal technology lawyers and vendors, and financiers, and how collaborations can result in companies like Lex Machina. They are creating technology products that ultimately help not just the legal community (lawyers, government, academia, and business) do better, faster, and cheaper work, but benefit consumers and businesses, as well. And for innovators and entrepreneurs, he offers concrete advice about how to best approach venture capitalists to successfully get them to yes.
He explains how these dynamics combine to create opportunities for legal technology lawyers and vendors, and financiers, and how collaborations can result in companies like Lex Machina. They are creating technology products that ultimately help not just the legal community (lawyers, government, academia, and business) do better, faster, and cheaper work, but benefit consumers and businesses, as well. And for innovators and entrepreneurs, he offers concrete advice about how to best approach venture capitalists to successfully get them to yes.
injury lawers injury lawyer injury lawyers international law international law schools
I Spoke Too Soon
My expectations that SJ would be moving to new digs at WordPress yesterday were brutally dashed. My initial reaction was to say "screw it, this isn't worth the hassle anymore," but I spoke with a few friends who persuaded me not to give up the effort.
It appears that my plans, having already gone through at least three iterations, need to be redrawn. While I remain disinclined to spend a substantial amount of money to make this happen as a matter of principle, the amount of work needed to accomplish this task has proven to be far harder, more involved and less interesting than previously thought. At the moment, I have neither a solution nor a plan being carried out for an imminent move. Without one, SJ will vanish one day when GoDaddy pulls the plug.
Hopefully, I will figure out a way to accomplish the move before that. In the meantime, I'll resume what I do here and if it ends up vanishing one day for lack of a viable plan, so be it. It's the best I can do for the time being and under the circumstances. Sorry that things haven't worked out better thus far, but I'm still working on it.
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
It appears that my plans, having already gone through at least three iterations, need to be redrawn. While I remain disinclined to spend a substantial amount of money to make this happen as a matter of principle, the amount of work needed to accomplish this task has proven to be far harder, more involved and less interesting than previously thought. At the moment, I have neither a solution nor a plan being carried out for an imminent move. Without one, SJ will vanish one day when GoDaddy pulls the plug.
Hopefully, I will figure out a way to accomplish the move before that. In the meantime, I'll resume what I do here and if it ends up vanishing one day for lack of a viable plan, so be it. It's the best I can do for the time being and under the circumstances. Sorry that things haven't worked out better thus far, but I'm still working on it.
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/07/12/i-spoke-too-soon.aspx?ref=rss
legal aid society legal counsel legal help legal information
Ringler's Top Ten on Structured Settlements
Even though structured settlements have been around a long time, false impressions about products and services still remain. There are a lot of moving parts involved in a claim’s settlement, and lots of financial and legal information swirling around the process. In this podcast, Ringler Radio host Larry Cohen joins colleagues, Jim Early and Bill Wakelee, to debunk the misconceptions sometimes seen in the structured settlement industry, and clarify through their top ten on structured settlements.
colorado disability lawyer commercial law common law company law conservator
Subscribe to:
Posts (Atom)