Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/10/special-masters-in-e-discovery/
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Tuesday, December 11, 2012
Special Masters in E-Discovery
In this October edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, join returning guest, attorney Craig Ball, to talk about special masters in e-discovery. Craig describes how an ESI special master gets involved in a case, what a special master does to fix broken discovery efforts and how to select an ESI special master.
Court Reverses $1 Million Pregnancy Discrimination Verdict Against Lucasfilm
A California appellate court has thrown out a $113,830 pregnancy discrimination award -- and a $1.1 million attorney fee -- obtained two years ago against Lucasfilm. The case, brought by former San Francisco Supervisor Angela Alioto and her son on behalf of his wife, seems to be something of a grudge match, with the court describing "numerous discovery disputes" and a motion to recuse one of the trial judges for gender bias.
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Structured Settlements and NSSTA’s 2012 Mission
NSSTA stands for National Structured Settlements Trade Association - the largest gathering of top professionals in the country taking the a lead in the structured settlement industry. On Ringler Radio, host Larry Cohen welcomes Eric Vaughn, Executive Director of National Structured Settlements Trade Association, to discuss what’s ahead for NSSTA 2012. Eric addresses everything from NSSTA’s Annual Meeting to its Take the Hill initiative with Congress, and the steps individuals of retirement age should take to ensure a better financial future.
Click the link to see a video snippet of the podcast.
Click the link to see a video snippet of the podcast.
Lawyer2Lawyer 7th Anniversary
On the longest continually produced legal podcast, Lawyer2Lawyer hosts Bob Ambrogi and J.Craig Williams share their experiences with great guests and insightful legal topics - some serious and some not so serious. And hear a behind the scenes special interview.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/lawyer2lawyer-7th-anniversary/
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UAE arrests 18-year-old blogger: report
[JURIST] The Emirates Centre for Human Rights (ECHR) [advocacy website] claimed [text, PDF] Thursday that the United Arab Emirates (UAE) has arrested an 18-year-old blogger as part of a wider effort to crack down on perceived government opposition. The ECHR claims that UAE security forces searched the home of Mohamed Salem al-Zumer and confiscated several electronics before arresting him and transferring him to an unknown location. The rights group condemned this arrest and the continued practice of arresting peaceful dissenters....
Source: http://jurist.org/paperchase/2012/12/uae-arrests-18-year-old-blogger-report.php
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Monday, December 10, 2012
SJC Ruling on Foreclosures
Kathleen C. Engel, law professor and Associate Dean for Intellectual Life at Suffolk Law School, discusses the Massachusetts foreclosure crisis and actions being taken against four major banks. Learn more about Dean Engel at http://bit.ly/hBaALX.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/sjc-ruling-on-foreclosures/
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ACLU sues Arizona governor for denying driver's licenses to immigrants
[JURIST] Rights groups, including the American Civil Liberties Union (ACLU) [advocacy website] filed a class action lawsuit [complaint, PDF; press release] on Thursday challenging Arizona Governor Jan Brewer's executive order preventing immigrants in a federal program from obtaining driver's licenses. Brewer's order denies driver's licenses for immigrants participating in the Deferred Action for Childhood Arrivals (DACA). The DACA provides a two-year period where young immigrants are not threatened with deportation if they abide by certain requirements, obtain a work permit...
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The Latest in Court Technology for Paralegals
Find out what’s new in court technology on The Paralegal Voice. Co-hosts Lynne DeVenny and Vicki Voisin join Ted Brooks, the Founder & CEO of Litigation-Tech LLC for his insight on the latest in court technology for paralegals. Ted provides tips for paralegals getting ready for a big trial using extensive technology in the courtroom and explains how paralegals can learn the basics of commonly used trial software. Ted also gives his picks for blogs and online resources for paralegals interested in learning more about courtroom technology.
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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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2012 Legal Tech Surveys Say . . .
We hear a lot of stories about lawyers using (and not using) technology. It’s always been difficult to get good data on what is actually happening in the ground. The release of results from two major annual surveys about the use of technology by lawyers gives us some data to assess trends and draw conclusions. In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell take a look at highlights of the 2012 ILTA / Inside Legal Technology Purchase Survey and the 2012 Legal Technology Survey Report from the ABA’s Legal Technology Resource Center, the trends the surveys show, and some practical implications of the survey results.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/10/2012-legal-tech-surveys-say/
Getting a Passing Grade on Passwords
Good password practices are essential in a world where major compromises are common. So how do you create, use and protect strong passwords for all of your accounts? Dennis Kennedy and Tom Mighell, the hosts of The Kennedy-Mighell Report, take a look at the current state of passwords, give recommendations on password management, and share some simple approaches to dealing with today’s password requirements.
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The Healthy Workplace Bill
Professor Yamada, director of the New Workplace Institute at Suffolk Law, describes the Healthy Workplace Bill, anti-bullying legislation he has written that is the template for bills across the country. Read his blog at newworkplace.wordpress.com.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/the-healthy-workplace-bill/
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Sunday, December 9, 2012
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.
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Metadata: What You Can’t See Can Hurt You!
Many are hearing about metadata in articles and blogs, but secretly admit that they don’t fully understand what it is. Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, join Karen Massand, the President of Litéra, to take a look at metadata, whether it takes an expert to find metadata in documents, leaking hidden data, and the new metadata problem caused by the "bring your own device movement".
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BP Oil Spill Settlement Update
The BP oil spill created an environmental and economic disaster affecting the entire Gulf Coast region. On March 2, 2012, BP agreed to settle the class action of certain oil spill related claims with the plaintiff steering committee, representing the interests of individuals and businesses throughout the region. Ringler Radio host Larry Cohen talks with colleague, Robert P. Caples and guest, Attorney Rhon E. Jones from the Beasley Allen law firm, about the various aspects of the settlement, including the important major changes in how claims will now be administered.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/06/bp-oil-spill-settlement-update/
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Supreme Court Will Review Two Gay Marriage Cases In 2013
Justices on the nation's highest court announce they will take up cases involving California's Proposition 8, which bans gay marriage, and a provision of the Defense of Marriage Act. Analysts say the court might confine itself to determining jurisdiction, not the merits of the cases' claims.
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California, Here We Come
- Associated Press
- Supporters of same-sex marriage in Marysville, Calif.
Source: http://blogs.wsj.com/law/2012/12/07/california-here-we-come/?mod=WSJBlog
Cross Examination on Sale
What people just don't get about red light cameras is that they make money. It's not personal. It's just business. Cities need money, and who better to get it from then faceless people who cameras say broke the law?
It's not that anyone denies this to be the core motivation. In fact, while the rhetoric of making streets safer was originally part of the sales pitch by camera companies, repeated with approval by local politicians, everybody involved now conceded that it actually does the opposite. But it's money, and you have to break a few eggs to finance an omelet.
Given this motivation, it's completely understandable that anything the siphons money away is, well, unhelpful. Like some guy named Kevin Schmadeka in Tacoma, Washington, who got a red light camera ticket and decided he wasn't going to pay it, but wanted a trial that included a living, breathing witness against him. That's when he got the bill.
Any lawyer will immediately spot the error of Schmadeka's maneuver. He told the clerk he wanted to subpoena the Aussie Redflex witness. Big mistake. It's not the defendant's responsibility to subpoena the witness for the prosecution; it's the prosecution's job to call the witness required to make its case.
But you can't blame Schmadeka for not realizing the error of his request. Why shouldn't a citizen accused of a wrong, even by red light camera, not be entitled to his right to cross-examine every witness necessary to prove his guilt?
Money. This is what happens when the criminal justice system, especially for trivial offenses, becomes a captive to money. It then becomes a cost-benefit analysis, with the trade-off being basic rights and due process versus the cost of providing them.
Fortunately for Schmadeka, when he brought the demand that he finance his own constitutional rights, the judge got the picture.
Yes, cities want money, and who better to get it from than people accused of doing wrong. Taxpayers love being financed by bad guys, provided they aren't the ones accused of being bad guys. Elected officials love being able to snarf up some excess fundage from people who can't complain about it, simultaneously telling their constituents about the glory of holding down tax rates at the expense of traffic miscreants.
The problem is that if you want to use the criminal justice system as a fabulous source of additional revenue, then you still have to comply with those nasty constitutional rights, which includes the duty to present proof in the case in chief and afford the accused the right to cross-examine a living, breathing person. Even if that person turns out to be an Aussie.
A bad financial deal for Tacoma? Bummer.
© 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.
It's not that anyone denies this to be the core motivation. In fact, while the rhetoric of making streets safer was originally part of the sales pitch by camera companies, repeated with approval by local politicians, everybody involved now conceded that it actually does the opposite. But it's money, and you have to break a few eggs to finance an omelet.
Given this motivation, it's completely understandable that anything the siphons money away is, well, unhelpful. Like some guy named Kevin Schmadeka in Tacoma, Washington, who got a red light camera ticket and decided he wasn't going to pay it, but wanted a trial that included a living, breathing witness against him. That's when he got the bill.
Red light camera ticket recipients in Tacoma, Washington are being told they need to buy $30 meals and $114 hotel rooms for employees of an Australian company if they want to exercise their rights under the Sixth Amendment. Motorist Kevin Schmadeka had gone to the courthouse to gather information to use to defend himself found out he was supposed to pay a total of $670 in travel expenses for an employee of Redflex Traffic Systems if he wanted to confront the witnesses against him.
"When I was at the clerk's office inquiring about chain-of-custody information, the employee at the counter mentioned that if I wanted to subpoena a camera company representative that there was a fee," Schmadeka told TheNewspaper. "Later on I thought about that some more and made another inquiry by phone, also requesting documentation about how such a charge was authorized. The clerk I spoke to at that time had no explanations to offer, but did send me the request form."
Any lawyer will immediately spot the error of Schmadeka's maneuver. He told the clerk he wanted to subpoena the Aussie Redflex witness. Big mistake. It's not the defendant's responsibility to subpoena the witness for the prosecution; it's the prosecution's job to call the witness required to make its case.
Photo ticketing firms have been facing increased pressure since the 2009 US Supreme Court ruling in the case Melendez-Diaz v. Massachusetts, which dealt with laboratory analysis of drug evidence. A defendant argued that he had a right to question the lab worker who signed a piece of paper that certified the substance he had been carrying was cocaine. The majority agreed that despite the possible hassle involved in confirming each fact at trial, it is essential to the integrity of the court system that such questioning of the evidence be allowed.
Tacoma sought to avoid the inconvenience by forcing defendants to pay for the cost of confronting the witnesses against them. Schmadeka added this to a long list of constitutional concerns he brought before a judge.
But you can't blame Schmadeka for not realizing the error of his request. Why shouldn't a citizen accused of a wrong, even by red light camera, not be entitled to his right to cross-examine every witness necessary to prove his guilt?
Money. This is what happens when the criminal justice system, especially for trivial offenses, becomes a captive to money. It then becomes a cost-benefit analysis, with the trade-off being basic rights and due process versus the cost of providing them.
Fortunately for Schmadeka, when he brought the demand that he finance his own constitutional rights, the judge got the picture.
"If the city considers it too expensive and burdensome to fly a camera company representative to Washington every time a defendant wishes to cross-examine them, the city should consider this obligation when making their decision to outsource local law enforcement duties to privately-owned, for-profit out-of-state companies," Schmadeka said.That's nice for Schmadeka, but it doesn't change the policy of Tacoma, which still requires payment of $670 from anyone who wants a living, breathing witness to cross-examine. And what of the nice Tacoma residents who challenged their red light camera tickets before Schmadeka, who either paid the freight or were convicted in the absence of a necessary witness? Did the judge, maybe even the same judge, notice that there was no witness to testify as to the efficacy of the cameras? Or did they just go through the motions, pretend the defendant had a chance at trial, and then convict him and pull out the credit card machine?
The judge singled out the Sixth Amendment issue and dismissed the charges against Schmadeka.
Yes, cities want money, and who better to get it from than people accused of doing wrong. Taxpayers love being financed by bad guys, provided they aren't the ones accused of being bad guys. Elected officials love being able to snarf up some excess fundage from people who can't complain about it, simultaneously telling their constituents about the glory of holding down tax rates at the expense of traffic miscreants.
The problem is that if you want to use the criminal justice system as a fabulous source of additional revenue, then you still have to comply with those nasty constitutional rights, which includes the duty to present proof in the case in chief and afford the accused the right to cross-examine a living, breathing person. Even if that person turns out to be an Aussie.
A bad financial deal for Tacoma? Bummer.
© 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/2012/12/08/cross-examination-on-sale.aspx?ref=rss
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Sky Valley Chronicle; Where The 1st Amendment Meets Crazy
Somebody, maybe everybody if there is an everybody, at the Sky Valley Chronicle is very upset about what they (he/she?) claims is either cyberstalker or cabal who is attacking them (it?) for something. The Washington State local paper has made its story news, though unlikely for the reasons it might prefer.
Via Popehat, the SVC published a story that purported to tell of its own sad tale of victimization.
It would be a whole lot easier to be sympathetic to the SVC's claims if they posted anything, anything, to support their assertion, but being a local newspaper and all, why would they be expected to provide support or substance? But I digress.
After a slew of vague accusations of instability toward their unknown attackers, the SVC makes the point that is supposed to strike fear in the heart of it's (their?) nemesis. They are going to file a federal prosecution against not only the primary disturbed individual cyberstalking, but the many accomplices. it urges the accomplices to come forward to rat out the evil mastermind and thus avoid the consequences:
In an update, they double down on the efforts (despite claims of getting evidence, help and support from people across the country) to turn accomplices into snitches:
It's always the lawyer's fault. Ken at Popehat, bemusement at the poor writing and journalistic standards of the SVC notwithstanding, sent them an email to find out what they were talking about.
I'm informed that the names "toe pickers" and "yam heads" are considered very harsh and hurtful around Snohomish, Washington. As for the rest of it, no one seems to have the slightest clue what they're talking about.
Does the fact that whoever has their fingers on the keyboard at the Sky Valley Chronicle is batshit crazy and a poor writer mean they aren't the victim(s) of cyberstalking? Not at all. But it surely means that whatever passes for journalism around Snohomish has issues, and that the efforts to sway public sentiment toward their plight, as well as convince their nemesis' accomplices (if they exist anywhere outside the haze of a paranoid delusion) to cooperate, with their (its?) hysterical threats of filing a federal charges makes for fun reading.
To the extent there are fears that the recent Washington referendum legalizing the recreational use of marijuana may have a notable impact on the locals' ability to think, this seems to put that point to rest. At least for whoever writes the Sky Valley Chronicle, the horse has left the barn.
© 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.
Via Popehat, the SVC published a story that purported to tell of its own sad tale of victimization.
Well, that certainly clears things up, provided paranoid delusions are one's norm. Whether there is truth to the claims or not is unknown. Certainly, there are people on the interwebz, be they bloggers or twitterers, who are vicious and nuts. Anyone with a keyboard and internet access can post any insane screed they like, and it can give rise to some horribly false and vicious, and quite scary, claims.SkyValleyChronicle.com and it’s [sic] parent company are preparing to file at the earliest possible date documents and evidence designed to result in federal, or at the very least state cyberstalking charges being filed against at least one and possibly more individuals in Washington State that operate a rumor and accusation filled Internet blog and Twitter account, both of which are maintained almost exclusively, according to those who have monitored them over time, as vicious cyber-attack platforms against individuals, companies and institutions.
It would be a whole lot easier to be sympathetic to the SVC's claims if they posted anything, anything, to support their assertion, but being a local newspaper and all, why would they be expected to provide support or substance? But I digress.
After a slew of vague accusations of instability toward their unknown attackers, the SVC makes the point that is supposed to strike fear in the heart of it's (their?) nemesis. They are going to file a federal prosecution against not only the primary disturbed individual cyberstalking, but the many accomplices. it urges the accomplices to come forward to rat out the evil mastermind and thus avoid the consequences:
Should you be a person who was duped into helping the cyberstalker, not understating the full ramifications of what you were getting into or the risks you were assuming – meaning possible criminal prosecution and a conviction that may follow you forever and harm your future employment prospects and the potential of civil action which could place your marital assets at risk – we urge you to contact us with what information you have in this matter as we have no desire to file charges or seek civil remedies against persons who were duped into helping another engage in cyberstalking, not fully understanding what they were getting themselves into.
In an update, they double down on the efforts (despite claims of getting evidence, help and support from people across the country) to turn accomplices into snitches:
THE PERP WILL TAKE YOU DOWN WHEN RUBBER HITS THE ROAD
Because we are serious as a heart attack when we say we will do everything in our power on behalf of all the victims of this person to have every single person who was in consort with the cyberstalker over the years, helping that stalker do damage to many innocent people, to be charged with as many criminal counts as we can possibly help obtain.
And have you priced quality, criminal defense attorneys lately? You'll want to be able to qualify for a very large loan and 2nd mortgage the house to boot.
It's always the lawyer's fault. Ken at Popehat, bemusement at the poor writing and journalistic standards of the SVC notwithstanding, sent them an email to find out what they were talking about.
What is interesting is that I suspect Ken could have gone either way (about the underlying conduct) at that point. He, as have we all, knows the reality of the nutjobs on the internet as well as the thugs who make wild accusations to stifle free speech. It's not always easy to pick sides, even if a local newspaper writes an absurd story, compensating for its lack of substance with an abundance of crazy. Ken received this response to his email in an initial update to the story:Dear Sky Valley Chronicle Staff,
I am an attorney, a member of the First Amendment Lawyers Association, and a blogger on issues including free speech, defamation threats, internet culture, and online misbehavior.
I read with interest your November 30, 2012 post "Sky Valley Chronicle Prepares To File Federal Cyberstalking Charges." As a writer on free speech and legal threat issues — and as a former federal prosecutor — it interested me. I am preparing to write a post about it.
Is anyone at your paper willing to answer some questions about the situation discussed in the article?
A "willingness to help" isn't quite what was suggested, and Ken went on to write a post about the SVC that was neither flattering nor particularly supportive. That's just the sort of thing that makes paranoids go, well, paranoid.And to the former federal prosecutor who contacted us and indicated a willingness to help put this perp behind bars, we appreciate the contact.
We’ll be getting back in touch with you.
Update 12/4/12: Hey “former federal prosecutor popehat.” We knew you were a tank town shill as soon as your message hit the loading dock. Why do you think no one ever contacted you? Why do think the line above was even slipped in?
Where did you toe pickers and yam heads learn to do intelligence work, amateurville? Be sure and tell cyberpunk the legal walls are slowly closing in and it is hellfire serious business that’s on the way. Oh, And say hi for us to the “sister,” hear? Oh. And did we mention the FBI is about to be contacted regarding an issue that has to do with this case? Ya'all have a nice day now, hear?
I'm informed that the names "toe pickers" and "yam heads" are considered very harsh and hurtful around Snohomish, Washington. As for the rest of it, no one seems to have the slightest clue what they're talking about.
Does the fact that whoever has their fingers on the keyboard at the Sky Valley Chronicle is batshit crazy and a poor writer mean they aren't the victim(s) of cyberstalking? Not at all. But it surely means that whatever passes for journalism around Snohomish has issues, and that the efforts to sway public sentiment toward their plight, as well as convince their nemesis' accomplices (if they exist anywhere outside the haze of a paranoid delusion) to cooperate, with their (its?) hysterical threats of filing a federal charges makes for fun reading.
To the extent there are fears that the recent Washington referendum legalizing the recreational use of marijuana may have a notable impact on the locals' ability to think, this seems to put that point to rest. At least for whoever writes the Sky Valley Chronicle, the horse has left the barn.
© 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.
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