Sunday, November 25, 2012

What Should Solos Be Charging?

Are you confused about what to charge your clients? New Solo host and solo practitioner, Attorney Kyle R. Guelcher talks to Attorney Jeremy Byellin, from Byellin Law, PLLC, about how a solo can determine how much to charge, the Laffey Matrix, the pros and cons of charging flat rates to clients and offers advice on how to communicate fees during the initial client meeting.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/07/what-should-solos-be-charging/

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Smartphone Security

Is your smartphone really secure? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome guest, computer scientist, and certified forensic analyst Andrew Hoog, co-founder of viaForensics, to talk about the ins and outs of smartphone security. Andrew shares his insight on the most secure smartphone, whether mobile devices are really a target for sophisticated cyber-criminals and the policies corporations and law firms need to address mobile devices.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/01/smartphone-security/

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Saturday, November 24, 2012

Tony Coelho: Fighting for the Disabled

On Ringler Radio, host Larry Cohen welcomes colleague Cindy Chanley, and returning guest, Tony Coelho, the past chair and member of the board of the American Association of People with Disabilities (AAPD) and the interim President and CEO of the Epilepsy Foundation, to share his personal journey and his ongoing fight for people living with disabilities. Tony shares his thoughts on health care, how structured settlements have benefited a person with disabilities, in addition to the AAPD’s mission for 2012 and his work with the Epilepsy Foundation.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/04/tony-coelho-fighting-for-the-disabled/

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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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Language is Everything

A gentle hint at Whoa Nellie's Deli in Lee Vining, CA, entrance to Yosemite Park !
 

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

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OMG! Lawyers Are Texting?

Twenty years ago, lawyers were debating whether to use email in their practices. It's now impossible to imagine lawyers practicing without using email. Studies indicate that eight trillion text messages were sent in 2011. Will we see texts and IMs becoming as integral to law practice as email has become? In this episode, Dennis Kennedy and Tom Mighell discuss the growing use of texts and IMs by everyone, how these technologies are starting to play a role in the everyday practice of law, and how lawyers should prepare for the use of these technologies in the future. 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/omg-lawyers-are-texting/

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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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Argentina to appeal US federal appeals court order to pay $1.33 billion to investors

[JURIST] The Economic and Finance Minister of Argentina [official website, in Spanish], Hernán Lorenzino [official bio, in Spanish], held a press conference [press release, PDF, in Spanish] on Thursday indicating Argentina's intent to appeal a US judge's ruling ordering it to pay $1.33 billion to bondholders. District Judge Thomas Griesa for the US District Court for the Southern District of New York [official website] in his decision stated that "Argentina must pay the debts it owes" [Bloomberg report]. Lorenzino, in...

Source: http://jurist.org/paperchase/2012/11/argentina-to-appeal-us-federal-appeals-court-order-to-pay-133-billion-to-investors.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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Massachusetts' 3 Strikes Law

Chris Dearborn, Associate Clinical Professor of Law at Suffolk University Law School, discusses the Massachusetts 3 Strikes Law. Learn more about our nationally ranked clinical programs at http://law.suffolk.edu/academic/clinical/.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/08/massachusetts-3-strikes-law/

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Friday, November 23, 2012

Legal Talk Network Live at LegalTechNY 2012-Onit’s Eric Elman Spotlights Onit Apps

Eric Elfman spotlights "Onit Apps" for the legal marketplace which solve very specific problems for legal departments. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.

Source: http://legaltalknetwork.com/podcasts/special-reports/2012/02/legal-talk-network-live-at-legaltechny-2012-onits-eric-elman-spotlights-onit-apps/

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Language is Everything

For growth and expansion, there are two philosophies:

               Trail your growth (conservative), or

               Hire for the future (confident and assertive)

For troubled times, there are two philosophies:

               Slow to hire

               Quick to fire

 Lawyers should do only two things:

               Market for new business:

                              Only they know if they want to represent the prospect

                              Only they know if they’re competent to handle the matter

               Lawyering

                              Only the lawyer is licensed by the state to practice

All else can and should be handled by others

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

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Ex-Hedge Fund Trader Charged In $276M Insider Ploy

A former hedge fund portfolio manager was arrested Tuesday on charges that he helped deliver what a prosecutor said "what might be the most lucrative inside tip of all time," enabling investment advisers and their hedge funds to make more than $276 million in illegal profits. Martoma allegedly used information about an Alzheimer's drug trial, allowing his firm to reap a hefty profit.

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Source: http://www.npr.org/2012/11/20/165576335/ex-hedge-fund-trader-charged-in-276m-insider-ploy?ft=1&f=1070

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Ninth Circuit Holds that Allegations a Defendant Should Have Used a Different Statistical Methodology During Drug Trials is not Sufficient to Allege Falsity Under Section 10(b) and Rule 10b-5

In In re Rigel Pharmaceuticals, Inc. Securities Litigation, No. 10-17619, 2012 WL 3858112 (9th Cir. Sept. 6, 2012), the United States Court of Appeals for the Ninth Circuit held that disagreements between plaintiffs and defendants over statistical methodology and study design are insufficient to allege a materially false statement for purposes of pleading a securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78j(b), and Securities & Exchange Commission Rule 10b-5, 17 C.F.R. § 240.10b-5, promulgated thereunder. The Ninth Circuit held that merely because the statistical methodology chosen — and disclosed — by the defendant may not have been the best or most acceptable methodology, use of such an allegedly less-than-optimal methodology does not render statements about the results of the methodology false or misleading for purposes of stating a claim. This is a decision of first impression for the Ninth Circuit.

Defendant Rigel Pharmaceuticals, Inc. (“Rigel”) is a clinical-stage drug development company that discovers and develops novel, small-molecule drugs for the treatment of inflammatory and autoimmune diseases, certain cancers and other diseases. One of those drugs is R788, which Rigel was developing to treat and stop the progression of rheumatoid arthritis. Rigel conducted a Phase IIa clinical trial to evaluate the safety and preliminary clinical efficacy of R788 in patients who were suffering from active rheumatoid arthritis despite therapy with methotrexate.

Plaintiffs, a class of purchasers of Rigel stock, brought a securities fraud action against Rigel and its senior management alleging that the results of Riger’s Phase IIa clinical trials of drug R788 were “false” because they included “statistically ‘false p-values (in clinical trials, p-values usually are used to determine the statistical significance of the results)’” and inaccurate and improper statistical analyses. Plaintiffs also alleged that Rigel should have disclosed more information concerning side effects on the day of the initial press release because the omission of some information related to side effects made the initial statements misleading. The complaint focused on the alleged statements by Rigel and other individuals concerning the results of the R788 clinical drug trial and alleged statements about partnership prospects for Rigel.

The crux of plaintiffs’ allegations of “falsity” was their contention that defendants should have used their chosen statistical methodology rather than the methodology defendants actually used. Plaintiffs alleged that using their proposed statistical methodology would have resulted in different p-values and that these newly calculated p-values were not statistically significant. Therefore, plaintiffs argued, defendants’ statistical results were “false.” Plaintiffs did not allege that defendants inaccurately reported the results of their own statistical analysis. Nor did plaintiffs allege that defendants had chosen or changed their statistical methodology after seeing the unblinded raw data from the clinical trial.

The United States District Court for the Northern District of California dismissed plaintiffs’ Section 10(b) and Rule 10b-5 claims on the ground that disagreements over statistical methodology and study design are insufficient to allege a materially false statement. The district court also held that plaintiffs failed to allege scienter. Plaintiffs appealed.

The Ninth Circuit affirmed. The Court held that in order to allege falsity, a plaintiff must plead facts explaining why the difference between the defendants’ statements and what plaintiffs believe was the truth “is not merely the difference between two permissible judgments, but rather the result of a falsehood.” Because plaintiffs did not allege that defendants misrepresented their own statistical methodology, analysis and conclusions, but instead only criticized the statistical methodology employed by defendants, the Court held that plaintiffs did not adequately plead falsity.

Plaintiffs also contended that the district court erred when it ruled that they failed adequately to plead falsity with respect to defendants’ initial statements about certain safety-related results from the clinical trial, arguing that defendants should have disclosed more information about side effects in the initial press release. The Ninth Circuit, however, held that the press release clearly identified its table of results for certain side effects as “key safety results,” not “all safety results” or even just “safety results.” Thus, the Ninth Circuit held, defendants never claimed that these were all of the safety results or that these results included every occurrence of every possible side effect. Accordingly, the Ninth Circuit affirmed the district court’s holding that plaintiffs did not adequately allege that the statements related to possible side effects were false or misleading.

Neither the United States Supreme Court nor the Ninth Circuit had addressed the question of whether statements concerning statistical results of a clinical trial may be considered false or misleading under Section 10(b) and Rule 10b-5 based upon the assertion that the statistical methodology that produced those results was not the best or most acceptable methodology. The Ninth Circuit’s decision here confirms that the courts will not impute an implied representation or warranty that a statistical methodology chosen and disclosed by the issuer is necessarily the best or most acceptable, and is consistent with district court decisions that have addressed the issue.

For further information, please contact John Stigi at (310) 228-3717 or Taraneh Fard at (213) 617-5492.

Source:
http://www.corporatesecuritieslawblog.com/securities-litigation-ninth-circuit-holds-that-allegations-a-defendant-should-have-used-a-different-statistical-methodology-during-drug-trials-is-not-sufficient-to-allege-falsity-under-section-10b-and-rule-10b5.html

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Proactive E-Discovery Management

E-discovery is a complex and resource-intensive issue that is top of mind for many of us in the legal profession today. In this episode of The Robert Half Legal Report, Charles Volkert, the executive director of Robert Half Legal, and Joel Wuesthoff, a director with Robert Half Legal eDiscovery Services, talk about proactive e-discovery management. Chad and Joel take a look at some of the factors that are leading to higher spending on e-discovery for many organizations, how to become more efficient with managing data for e-discovery and the best approach to responding quickly to future e-discovery requests, especially in the face of ever-changing technology.

Source: http://legaltalknetwork.com/podcasts/robert-half-legal-report/2012/03/proactive-e-discovery-management/

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What Should Solos Be Charging?

Are you confused about what to charge your clients? New Solo host and solo practitioner, Attorney Kyle R. Guelcher talks to Attorney Jeremy Byellin, from Byellin Law, PLLC, about how a solo can determine how much to charge, the Laffey Matrix, the pros and cons of charging flat rates to clients and offers advice on how to communicate fees during the initial client meeting.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/07/what-should-solos-be-charging/

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That Getaway Might Work In The Movies ...

police%20chase%20car.jpg

Most things work in the movies. See, that's because movies are not real. The Juice could be wrong (hah), but it sure sounds like these bank robbers thought they were in a movie when they pulled off (briefly, any way) a bank robbery in Houston. As reported by khou.com:

The robbers were armed with semi-automatic handguns, according to the FBI.
Marquis Garr or said he saw them run out of the bank with a bag of money.
"It was really crazy because it was my first time seeing a bank robbery," Garr or said. "When they came out, I just seen ‘em laughing."
Yee hah! We did it! We did it! We ...
The suspects ran into a nearby neighborhood, but police spotted them a few minutes later in a Buick.
The cops tried to pull them over, but they sped off.
Cue the movie move.
Officers cornered the suspects after they drove into the Forest Park Westheimer Cemetery.
You drove into a cemetery? Brilliant!
Cemetery worker Don Phlegm heard the commotion.
"I hear a lot of police sirens coming in, and you hear boom, boom, boom," he said.
The "boom, boom, boom" Phlegm was the sound of the suspects taking out tombstones before they bailed out of the car. At least five grave markers were damaged.
"It looks like a disaster," Phlegm said. "Maybe 5 or 6 tombstones, they’re all cracked up and broken, and it’s gonna create a lot of work for us."
Desecrating graves too? Not cool. Here's the source, including some scene photos and a video news story.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/0vYuiFEdO2o/post_526.html

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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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Thursday, November 22, 2012

Turning TECHSHOW Topics into a Technology Agenda

Each Spring, ABA TECHSHOW takes center stage as one of the premier legal technology conferences. While there is great value in attending legal tech conferences, all lawyers can benefit simply by seeing what's on the TECHSHOW agenda. Organizers put a lot of thought into their agendas, so we can all learn where to put our technology focus by seeing what topics these shows cover. Dennis Kennedy and Tom Mighell use TECHSHOW 2012 as an example of how to assess your current technological agenda, talk about the major topics being covered at TECHSHOW, and suggest ways you can use the TECHSHOW topic list to set your technology priorities for 2012. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/03/turning-techshow-topics-into-a-technology-agenda/

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The Presidential Race and the Judiciary

On November 6, 2012, people across the States will cast their vote for President. Whatever the outcome, it will influence our justice system. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Kenneth L. Manning, a professor of political science at the University of Massachusetts at Dartmouth and Professor Carl Tobias from the University of Richmond School of Law, to discuss everything from diversity in the courts, Supreme Court vacancies and obstruction and the impact on the justice system.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/the-presidential-race-and-the-judiciary/

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