Mediation in Workers’ Compensation Cases

In this edition of Workers’ Comp Matters, host Alan Pierce chats with Teddy Snyder on the ins and outs of mediation regarding workers’ compensation cases. For those working in mediation, looking to work in mediation, or looking for a mediator to handle a case of their own, Snyder covers all the bases. Tune in to hear the advantages and disadvantages of mediation, a mediator’s role and goals on the job, and how to be most effective for their clients.

Teddy Snyder has been working as an attorney for more than 30 years. Licensed to practice law in Illinois and California, she is currently running a solo practice focusing on workers’ compensation mediation cases in the sunshine state. Her goal is to create a win-win settlement for not only her clients, but all parties of the case.

Source: http://legaltalknetwork.com/podcasts/workers-comp-matters/2013/10/mediation-in-workers-compensation-cases

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UN rights expert urges Eritrea to stop human rights violations

[JURIST] UN Special Rapporteur Sheila Keetharuth [official website] on Monday urged [press release] the Eritrean government to respect its obligation to human rights, and called for protection for the hundreds of thousands of citizens currently fleeing the country for safety. It is mandatory that young Eritreans, both male and female, serve in the national military, regardless of religious or other conscientious objections. Though such service was originally intended to last for only 18 months, it is frequently extended indefinitely. According...

Source: http://jurist.org/paperchase/2013/11/un-rights-expert-urges-eritrea-to-stop-human-rights-violations.php

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The Ideal Law School Graduate? A ‘People Person’ Who Can Do Research

You can be a sharp writer and a nimble researcher who is skilled at analyzing cases.

But for law school graduates entering the workforce, it's the softer skills, like worth ethic, collegiality and a sense of individual responsibility, that really impress legal employers, according to a new study.

Source: http://blogs.wsj.com/law/2013/11/25/the-ideal-law-school-graduate-a-people-person-who-can-do-research/?mod=smallbusiness

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Supreme Court Watch: Employment law cases

We will be watching three pending cases at the US Supreme Court as the Court's session opens today:

Kloeckner v. Solis
Oral argument on October 2.

The Merit Systems Protection Board (MSPB) hears appeals by federal employees regarding certain adverse actions, such as dismissals. If the employee asserts that the challenged action was the result of unlawful discrimination, that claim is referred to as a "mixed case."

Question Presented: If the MSPB decides a mixed case without determining the merits of the discrimination claim, is the court with jurisdiction over that claim the Court of Appeals for the Federal Circuit or a district court?

Vance v. Ball State Univ
Oral argument on November 26.

Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) held that under Title VII, an employer is vicariously liable for workplace harassment by a supervisor of the victim. If the harasser was the victim’s co-employee, however, the employer is not liable absent proof of negligence.

Question Presented: Whether the Faragher and Ellerth “supervisor” liability rule (i) applies to harassment by those whom the employer vests with authority to direct and oversee their victim’s daily work, or (ii) is limited to those harassers who have the power to “hire, fire, demote, promote, transfer, or discipline” their victim.

Genesis HealthCare v. Symczyk
Oral argument December 3.

Symczk sued under the Fair Labor Standards Act (FLSA) on behalf of herself and all others similarly situated. This was a section 216(b) collective action. The defendants extended an offer of judgment under Fed. R. Civ. P. 68 in full satisfaction of her alleged damages, fees, and costs - prior to her moving for conditional certification and prior to other potential plaintiffs opting in.

Question Presented: Whether a case becomes moot, and thus beyond the judicial power of Article III, when the lone plaintiff receives an offer from the defendants to satisfy all of the plaintiff's claims.

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Source: http://www.lawmemo.com/blog/2012/10/supreme_court_w_11.html

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American Bar Association Updates Technology Ethics Rules

In this August edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins attorney Michael Arkfeld, principal of Arkfeld and Associates, and John Barkett a partner at Shook, Hardy & Bacon, to discuss pending changes to the ABA’s Model Code of Professional Conduct, addressing technology, and lawyers’ responsibilities to understand and use technology to best serve clients. Monica continues the discussion with attorney Bob Ambrogi, who focuses on social media.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/07/american-bar-association-updates-technology-ethics-rules/

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Medical Treatment Guidelines for Injured Workers

Medical Treatment Guidelines are a list of procedures each state mandates to use when treating injured workers. The goal is for these guidelines to aid faster and better treatment for patients. The underlying issue is that they are crafted to cater to the general population based on trials and clinical tests, which allows for errors and variable factors. In this edition of Workers’ Comp Matters your host, Attorney Alan S. Pierce, invites Michael Gruber to discuss Medical Treatment Guidelines, how strict and effective the guidelines tend to be, and the risks of cost-shifting medical fees.

Michael Gruber recently finished Medical Treatment Guidelines: The Good, the Bad, and the Ugly. He is a practicing attorney for Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, where he handles workers compensation cases for the firm. In 2012, Mr. Gruber was named as the chairman of the Workers’ Compensation Committee of the Brooklyn Bar Association and he is a member of numerous workers’-compensation-centered organizations.

Source: http://legaltalknetwork.com/podcasts/workers-comp-matters/2013/11/medical-treatment-guidelines-for-injured-workers

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Focus on Privacy: The Facebook Internet Tracking Case

Back in May of 2012, Facebook was sued for $15 billion for improperly tracking users even after they logged off the social network. Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc.,and John W. Simek, Vice President of Sensei Enterprises, join Attorney David Straite, partner at Stewarts Law U.S. LLP, Head of Investor Protection Litigation and co-lead counsel in the Facebook Internet Tracking Case, to discuss the main issues of this case including: digital privacy litigation, the current statutory and common law involved in this case, calculation of damages and the future of digital privacy rights.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/07/focus-on-privacy-the-facebook-internet-tracking-case/

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End of Lifed

As some of you know (and I know you know because you write me angry emails and exasperated twits), Simple Justice hasn't worked well for months now. It takes forever for the posts to load, assuming they load at all.  After trying to find out from my host, GoDaddy, why this is happening, I was eventually told that they had given up on the blogging program I use, stopped doing anything to maintain its efficacy a year ago, and were preparing to "End of Life" their involvement in blogging.

Mind you, this didn't stop GoDaddy from taking my money to use their program, but I digress.

Over the past couple of months, I have been involved in an effort to move SJ to a new platform over at WordPress with a new host. It had a few hitches along the way. My initial efforts involved some of the turnkey opportunities for blawgers, one of which involved spending huge sums of money because their business model is based on dopey law firms who buy into the "every lawyer needs a blawg or will die" vision of the future.

Since this isn't a marketing tool or money maker for me, there was no way I was going to throw thousands of dollars into this hole. My basic premise is that I write and people get to read, if they want, for free. While I am happy to provide the content for my own purposes, if not yours, I am not happy to pay through the nose to amuse readers.

Another wanted me as part of their stable of law blogs, which wouldn't have been so awful except that they quickly reneged on the deal offered when they saw the volume of traffic here.  Reneging isn't something I can live with.

Lacking the mad computer skillz to make this happen on my own, a few people who had significant computer skills and enjoyed SJ offered to lend a hand and make a move happen.  One gave me a lead on the big issues, but was too high on the pay grade to do the dirty work. Another was happy to make the nuts and bolts of a change happen. 

After being well on the way, he suffered some personal problems and, well, disappeared on me. As in, went dark. I grew far more concerned about his welfare than I was about moving this blog. Some things are real, like a good person's well-being, and to this moment, I have no clue whether he is dead or alive. I hope he gets in touch with me soon. I'm still deeply concerned.

It wasn't easy stuff. GoDaddy's system was proprietary, and didn't play nice with anyone else's system. While GoDaddy had developed an export feature to move content to WordPress, they found out that it wasn't particularly "robust," and that my rather extensive content crashed the system. It could handle about 100 blog posts. I had well over 5000. Nobody at GoDaddy anticipated someone as prolific as me.

But when their general counsel explained that I probably wasn't a great choice of people to piss off, they put some developers on the task of creating a means of moving my content. It took a couple of weeks, but they eventually managed to pull it off. It was a decidedly less than perfect solution, as they were able to include my posts and the comments, but they couldn't manage to get the contents to thread (or nest, if you prefer) at WordPress. Bear this in mind later, so no one bitches at me about the comments. It just couldn't be done.

Many people have suggested their hosts, web designers, programs, whatever, to fix the disaster of using GoDaddy. While I appreciated the concern, it wasn't really helpful after the first few thousand suggestions. Most of my griping had to do with prodding GoDaddy to keep SJ working, at least minimally, until a move could be completed.  This wasn't a bleg for suggestions, but deliberate effort to poke GoDaddy by a wee bit of public shaming for their inability to do what they took money to do.

Finally, I was hooked up with a guy who, for a fee, would do what was needed to finish the move. We were on the same page, and although it irks me that I have to pay someone to do the work, I wasn't ready to let SJ die and didn't want to see the content created over the past seven plus years disappear when SJ went dark. But my new guy developed some personal issues that pulled his attention away from making the move happen, I began to think I was a curse to computer people (or maybe computer people were a curse to me?). 

It appears that we're are all getting on the same page now, and provided an alien invasion, healthcare crisis or zombie Armageddon doesn't happen in the next couple of days, I anticipate that SJ will move to its new home.

It's not yet clear to me how easily I will accommodate to WordPress. I know, tons of you have told me how easy it is, but I'm an old dog and new tricks come hard. Heck, it took me a few hours to figure out how to use the "intuitive" wheel of an iPod. Yes, I can be that clueless.

I anticipate that there will a day or two, maybe more, when nothing will appear at SJ. It's not that I've quit or gone fishing. I'm not dead yet. It's just that there will be down time while all this happens, while the internet figures out that I've moved to a new home and redirects you to the right address.

There will be problems in the future as well. Images will be missing. Links will be broken. Formatting will get all screwed up do to differences in coding between GoDaddy and WordPress. It will be annoying to you. Me too, probably more so. But short of going back over the more than 5000 posts and cleaning up the mess by hand, there isn't much I can do to prevent the problems. I am not inclined to spend my time that way. Sorry, but we will all have to suck it up.

I hope this makes things a little clearer for readers, and I apologize for the problems, delays and frustration caused by GoDaddy's sucking. I've been working on it for months now, and I hope we've come to the end of the nightmare. In any event, it's better than being End of Lifed by GoDaddy.


© 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/2013/07/10/end-of-lifed.aspx?ref=rss

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Defining the ObamaCare Essential Health Benefits

On this edition of Lawyer2Lawyer, your host J. Craig Williams speaks with Dr. Shana Alex Lavarreda and David Cusano, Esq., two health-insurance industry professionals, on the implementation of the Essential Health Benefits within the Affordable Care Act, a.k.a. ObamaCare. There are ten Essential Health Benefits that all states are required to include, but the missing element is the lack of definitions for these benefits – which leaves us all wondering how to confirm the 50 states are correctly implementing them.

• Dr. Shana Alex Lavarreda is the director of health insurance studies for the UCLA Center for Health Policy Research. Her research focuses on discontinuous health insurance, under insurance, as well as the political issues surrounding healthcare reform, at the state and federal level.

• David Cusano, Esq., works in Georgetown’s State Health Reform Assistance Network to provide technical assistance to state officials on implementing the Essential Health Benefits and the Affordable Care Act. He has previously worked as in-house counsel for insurance providers where he advised them on how to implement the ACA’s new requirements and on their day-to-day health care plan operations.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2013/09/defining-the-obamacare-essential-health-benefits

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Rival Plans In Senate Aim To Change Military Rape Prosecutions

The Senate is debating rival plans on how to prosecute cases of sexual assault in the military. The problem is vast: 26,000 military sexual assaults last year, with only 3,000 reported and 300 going to trial. Sens. Claire McCaskill of Missouri and Kirsten Gillibrand of New York have competing proposals for dealing with the issue.

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Source: http://www.npr.org/templates/story/story.php?storyId=246409434&ft=1&f=1070

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Execute a Long-Term Technology Strategy

For today’s corporate law departments faced with the challenge of doing more with less, a legal matter and spend management system is almost an imperative. In this edition of Tech Experts, Mandy Purington, a Managing Director in Datacert’s professional services group, shares best practices and practical tips for keeping your department’s legal matter and spend management system implementation project on-time and on-budget, while also ensuring that it supports your department’s long-term technology strategy.

Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/09/execute-a-long-term-technology-strategy/

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2013: The Year of the Law Firm Merger?

With five weeks left, 2013 is already a record-setting year for tie-ups involving U.S. law firms. The latest spate of deals pushed the number of mergers announced so far to 76, and legal consultants say the total may not yet have reached its peak.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.americanlawyer.com/PubArticleALD.jsp?id=1202629365924&rss=newswire

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I’ll Tumblr for Ya

While Facebook, LinkedIn and Twitter draw the lion’s share of social media attention, there are many other social media platforms available to lawyers. Tumblr, Pinterest and Foursquare are just a few of the alternatives. How can you evaluate which of these tools might be worthy of your time and effort? On The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell survey the lesser-traveled landscapes of the social media world, identify some tools that might make sense to some lawyers in some scenarios, and speculate about the future of specialized social media tools.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/ill-tumblr-for-ya/

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Summer Vacation Technology

Summer and vacation seasons are approaching. Some prefer to completely disconnect on vacation, while others like to stay connected. Work aside, those who choose to stay connected can use technology to make their trips more manageable and stress free with travel apps, adapters, and travel-friendly cameras. In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the intersection of technology and vacation, whether to connect or disconnect while traveling, and some of their favorite vacation and travel tech tips. In the second half of the show, your hosts will cover the accelerated speed of cloud-based interface updates and how to keep up.

Special thanks to our sponsor, Transporter.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/05/summer-vacation-technology

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John Breaux: Senate ‘Can’t be Much More Chaotic Than it is Now’

John Breaux, the former Democratic senator from Louisiana, says Democrats had little choice but to take extreme measures to counter what he described as abusive Republican filibustering.

Source: http://blogs.wsj.com/law/2013/11/21/john-breaux-senate-cant-be-much-more-chaotic-than-it-is-now/?mod=WSJBlog

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Mark Woods: Yes, there was misleading ‘information’ (Florida Times-Union)

Share With Friends: | | Law - Video Stories, News Feeds and News via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/law/video/340678789?client_source=feed&format=rss

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Guilty Plea Expected In Mass. Drug Lab Scandal

The chemist accused of falsifying thousands of drug tests at a Massachusetts crime lab is expected to plead guilty on Friday. Tens of thousands of criminal cases were compromised in the scandal. A judge is suggesting a three-to-five year prison sentence for Annie Dookhan, who is blamed for causing what some say is the most series forensic lab problem in the nation.

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Source: http://www.npr.org/2013/11/22/246678608/guilty-plea-expected-in-mass-drug-lab-scandal?ft=1&f=1070

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Spain government introduces anti-protests laws

[JURIST] Spain's ruling People's party on Thursday introduced strict new laws against public protests, which would impose fines on activists who take part in unauthorized protests. The legislation also prohibits [Guardian report] publishing images of police, interrupting public events, possessing illegal drugs, vandalizing public property and drinking alcohol in the street. Opponents argue that the law impedes democracy, though proponents of law allege that the law is meant to protect citizens. Under the law, unauthorized demonstrators could face a fine...

Source: http://jurist.org/paperchase/2013/11/jurist-spains-ruling-peoples-party.php

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Child’s Play: What E-Discovery Teams Can Learn from Kindergarteners

Law Technology Now, host and editor-in-chief of ALM’s Law Technology News, Monica Bay joins U.S. Magistrate Judge David J. Waxse, to discuss his Law Technology News article, Child’s Play. Judge Waxse discusses nine ways e-discovery teams can follow the lead of elementary school students and cooperate with their opponents by listening, sharing, compromising and more.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/07/childs-play-what-e-discovery-teams-can-learn-from-kindergarteners/

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JURIST wraps up Fall 2013 fundraising drive

[JURIST announcement] And now comes everyone's favorite part of the fundraising season: the end. We can't thank you enough for the donations, support, and feedback we've received over the past month. It is heartening to know that so many of our readers value JURIST! If you were unable to contribute financially this time around, fear not. First, I'd like to invite everyone to share your JURIST experiences by sending an email to testimonials@jurist.org. Tell us what you get from reading...

Source: http://jurist.org/paperchase/2013/11/jurist-wraps-up-fall-2013-fundraising-drive.php

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