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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Monthly Archives: January 2014

Drug Regulation Expert Awarded Almost $4 Million As Whistleblower Under False Claims Act.

11 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Employment Law, Health Law, Whistleblower

≈ Comments Off on Drug Regulation Expert Awarded Almost $4 Million As Whistleblower Under False Claims Act.

Tags

CareFusion, Carrie Brous, ChloraPrep, Cynthia Kirk, False Claims Act, FDA, Greg Hack, Leawood, The Kansas City Star, Whistleblower

Leawood Expert On Drug Regulation Wins $4 Million Whistleblower Award, by Greg Hack, The Kansas City Star

http://tinyurl.com/kcq88wa

CareFusion will pay $40.1 million in final settlement with the Department of Justice under the False Claims Act whistleblower law. Cynthia Kirk, an expert on drug regulation, will receive almost $4 million in reward as the whistleblower. -CCE

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Judges and Political Campaign Contributions in Pennsylvania.

11 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Appellate Law, Campaign Contributions, Judges, Massachusetts Supreme Court, State Appellate Courts

≈ Comments Off on Judges and Political Campaign Contributions in Pennsylvania.

Tags

Campaign Contributions, Daniel Cummins, Drug and Device Law, James M. Beck, Judges, Judicial Campaigns, Massachusetts Supreme Court, Recusal, Reed Smith, TORT TALK

Campaign Contributions and Judicial Recusal in Pennsylvania, by James M. Beck, Drug and Device Law (with hat tip to Daniel Cummins, TORT TALK)

http://tinyurl.com/kpoy6w8

Have you ever been hammered in court, and then learn that the judge has received large – maybe Texas-sized – political campaign contributions from opposing counsel?  We have, and it’s not a good feeling.

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Oklahoma Governor and Politicians Squash Latest Attempt For Justice Reform.

08 Wednesday Jan 2014

Posted by Celia C. Elwell, RP in Criminal Law, Government, Justice Reform, Open Records Act

≈ Comments Off on Oklahoma Governor and Politicians Squash Latest Attempt For Justice Reform.

Tags

Big Brothers Big Sisters, Clifton Adcock, Incarceration, Justice Reform, Justice Reinvestment Initiative, Mary Fallin, Oklahoma, Oklahoma Ethics Commission, Oklahoma Watch, Open Records Act, Prison, Private Prison Companies

Special Report: How Actions by Governor’s Staff Led to Weakened State Justice Reforms, by Clifton Adcock, Oklahoma Watch

http://tinyurl.com/mp9xr7q

Oklahoma’s incarceration rate is one of the highest in the nation. Oklahoma incarcerates the most women in the United States and is the third highest state in incarceration of men. According to Oklahoma’s Big Brothers Big Sisters, which recently lost its federal funding to its Mentoring Children of Prisoner’s Program, 27,000 children in Oklahoma have one or both parents in prison today. The concern over Oklahoma’s increasing prison population and ripple effect on its citizens makes this latest lost opportunity even more discouraging. -CCE

Note: Oklahoma Watch is offering this detailed, 4,500-word story on events that led up to changes in the state’s most significant justice-reform effort in recent history. With Oklahoma having some of the nation’s highest incarceration rates, hopes soared in 2012 among leaders and residents when the Justice Reinvestment Initiative was signed into law. Others viewed it skeptically. Newly released records reveal what happened in state government that led to a weakening of the original plan for implementing the reforms.


Behind-the-scenes moves by Gov. Mary Fallin’s senior staff members helped lead to a severe weakening of a program designed to cut the state’s high incarceration rates and save taxpayers more than $200 million over a decade, according to interviews and records obtained by Oklahoma Watch.

The efforts by the governor’s staff, assisted by legislative leaders, to take control of the Justice Reinvestment Initiative took place during periods when staff members met with representatives of private prison companies, which stood to gain or lose depending on how the initiative was implemented, emails and logs of visitors to Fallin’s offices show.

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Texas Supreme Court Embraces Email and Amends Civil Procedure Rules.

08 Wednesday Jan 2014

Posted by Celia C. Elwell, RP in Court Orders, Court Rules, Emails, Legal Technology, Texas Supreme Court, Trial Tips and Techniques

≈ Comments Off on Texas Supreme Court Embraces Email and Amends Civil Procedure Rules.

Tags

Civil Procedure, Frank O. Carroll III, Proof of Service, Redaction, Signature Blocks, TexAppBlog, Texas Supreme Court

Texas Supreme Court Decides Email is Here to Stay, Amends Rules of Civil Procedure Accordingly, by Frank O. Carroll III, TexAppBlog

http://tinyurl.com/jwrwy7u

When it comes to civil courts in Texas, the theme for 2013 was “fast-tracking.” The Texas Rules of Civil Procedure saw a number of changes related to triaging and expediting low-dollar controversies and eliminating “frivolous” cases early in the litigation process. While limiting requests for production and depositions in cases under $100,000 is all well and good, civil courts in Texas face much greater problems on a day-to-day basis.

One such problem is the underutilization of technology. Before 2014, email didn’t exist as far as the Texas Rules of Civil Procedure were concerned, electronic filing by fax was the equivalent of placing an envelope in the mail, and FedEx was a great way to send birthday gifts, but an unacceptable way to send discovery requests. But a new day has dawned, and 2014 is upon us…

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Federal Court’s Application of the Stored Communications Act to Previously Opened Web-Based Emails.

08 Wednesday Jan 2014

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Emails, Evidence, Legal Technology, Preservation

≈ Comments Off on Federal Court’s Application of the Stored Communications Act to Previously Opened Web-Based Emails.

Tags

Cheng v. Romo, E-Discovery, Electronic Storage, Emails, K&L Gates, Stored Communications Act

Stored Communications Act Applies to Previously Opened Web-based Emails, by K&L Gates

http://tinyurl.com/mcl4cgt

Cheng v. Romo, No. 11-10007-DJC, 2013 WL 6814691 (D. Mass. Dec. 20, 2013)

In this case, the court addressed the question of whether previously opened web-based emails were in ‘electronic storage’ as defined by the Stored Communications Act (SCA) and determined that they were.

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A Compilation of Excellent Law Practice Management and Productivity Videos.

08 Wednesday Jan 2014

Posted by Celia C. Elwell, RP in Law Office Management

≈ Comments Off on A Compilation of Excellent Law Practice Management and Productivity Videos.

Tags

Law Office Management, Law Office Productivity, Legal Productivity Blog, SlideShare, Tim Baran

2013 Law Practice Management and Productivity Videos, by Tim Baran, Legal Productivity Blog

http://tinyurl.com/pw9xm2q

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Forget About Basic Google Searches! Use These Simple Tips to Enhance Your Search Results.

08 Wednesday Jan 2014

Posted by Celia C. Elwell, RP in References, Research

≈ Comments Off on Forget About Basic Google Searches! Use These Simple Tips to Enhance Your Search Results.

Tags

Google, Legal Productivity Blog, Search Tips, Tim Baran

10 Tips for Better Google Search Results, by Tim Baran, Legal Productivity Blog

http://tinyurl.com/nevdrua

There is more to Google than simple key word searches. Familiarize yourself with these simple tips and increase successful search results. -CCE

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Senior Citizens – The Scammer’s Favorite Mark.

08 Wednesday Jan 2014

Posted by Celia C. Elwell, RP in Elder Law

≈ Comments Off on Senior Citizens – The Scammer’s Favorite Mark.

Tags

Financial Exploitation, Fraud, Identity Theft, Investment Fraud, Scammers, Senior Citizens, Theft, USA.gov

Scammers Target Senior Citizens, USA.gov Blog

http://blog.usa.gov/post/72686179442/scammers-target-senior-citizens

Not necessarily for seniors. Tips on avoiding scams, including financial exploitation, investment fraud, identity theft. -CCE

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Travel Tools – Plan Your Trip and Avoid Hassles.

06 Monday Jan 2014

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on Travel Tools – Plan Your Trip and Avoid Hassles.

Tags

Flight Delays, Gas Prices, Road Closures, Train Schedules, Travel Tips, USA.gov Blog, Weather Forecasts

Travel Tools to Help You Avoid Hassles and Stay Safe, USA.gov

http://tinyurl.com/loefssz

Weather forecasts, flight delays, national traffic and road closures, train schedules, and gas prices near you. -CCE

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Everyone Knows You Never Question Your Own Witness At A Deposition, Right?

06 Monday Jan 2014

Posted by Celia C. Elwell, RP in Depositions, Direct Examination, Discovery, Evidence, Trial Tips and Techniques, Witness Preparation

≈ Comments Off on Everyone Knows You Never Question Your Own Witness At A Deposition, Right?

Tags

Above the Law (blog), Depositions, Direct Examination, Evan Schaeffer, Mark Herrmann, The Trial Tips Practice Weblog, Trial Tips and Techniques

The Need For Direct Exams Of Your Own Witnesses At Depositions, by Mark Herrmann, Above The Law Blog (with hat tip to Evan Schaeffer, The Trial Tips Practice Weblog)

http://tinyurl.com/meqbmh4

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Is Your Cell Phone Secure? Are You Sure?

06 Monday Jan 2014

Posted by Celia C. Elwell, RP in Android Phones, Cell Phones, Disaster Preparedness, iPad, iPhones, Law Office Management, Legal Ethics, Legal Technology, Tablets, Technology

≈ Comments Off on Is Your Cell Phone Secure? Are You Sure?

Tags

Cell Phones, Client Data, iPads, iPhones, Larry Port, Legal Productivity, Mobile Devices, Mobile Phones, Tablets

A Mobile Security Checklist for Attorneys, by Larry Port, Legal Productivity

http://tinyurl.com/l7tm97l

While attending a CLE event, have you ever left your laptop unattended? What if someone steals one of your mobile devices from your car or your home — or what if you inadvertently lose it in some way? Can someone else access your privileged client’s data? -CCE

I recently had the honor of writing a piece for ILTA’s Peer to Peer magazine on mobile security and presenting a webinar on the same topic. One piece of research blew me away: in a six-month period in Chicago, over 20 THOUSAND (yes – THOUSAND) cell phones were left in taxis.

Sure, maybe Chicago’s taxi seats are stickier than most, and perhaps the cold forces people into taxis more than in, say, Boca Raton, FL. The point is, you’re apt to lose a phone. And these days, with large amounts of data storage, functionality, and computational power on these things, that spells trouble for attorneys protecting client data.

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Arbitration – Some Like It and Some Don’t.

06 Monday Jan 2014

Posted by Celia C. Elwell, RP in Arbitration, Arbitration, Employment Law

≈ Comments Off on Arbitration – Some Like It and Some Don’t.

Tags

9th Circuit Court of Appeals, Arbitration, ContractsProf Blog, Employment Law, Kprofs2013, Wal-Mart

GLOBAL K: Contrasting Attitudes towards Arbitration Clauses, by Kprofs2013, ContractsProf Blog

 http://tinyurl.com/kpnbmhu

The recent discussion of the December 2013 decision by the Ninth Circuit in In re Wal-Mart Wage & Hour Employment Practices Litigation calls to mind the contrast in attitudes between international and domestic practice. Mention “arbitration” among international practitioners and profs, and you are likely to get a bit of a swoon from most – arbitration, properly structured, rescues us from the risks and uncertainties of unfamiliar legal systems and provides a comfort level in terms of predictability of process if not outcome. Mention “arbitration” in domestic circles, particularly with respect to consumer protection issues, and you encounter a growing skepticism if not outright hostility about the imposition of arbitration as an exclusive contract remedy.

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Changes Expected This Year in Pennsylvania Civil Litigation.

05 Sunday Jan 2014

Posted by Celia C. Elwell, RP in Construction, Expert Witness, Legal Technology, Litigation, Medical Malpractice, Motor Vehicle, Product Liability, Technology, Trial Tips and Techniques

≈ Comments Off on Changes Expected This Year in Pennsylvania Civil Litigation.

Tags

Civil Litigation, Construction Litigation, Daniel E. Cummins, Expert Witness Discovery, Legal Technology, Massachusetts Supreme Court, Medical Malpractice, Motor Vehicle, Pennsylvania Law Weekly, Product Liability Litigation, TORT TALK

Changes Anticipated for Pa. Civil Litigation Jurisprudence in 2014, by Daniel E. Cummins, TORT TALK, republished from Pennsylvania Law Weekly

http://www.torttalk.com/2014/01/article-changes-anticipated-for-pa.html

Currently, there are a number of important civil litigation issues pending before the Pennsylvania appellate courts, the results of which could significantly impact the way litigators practice in the years ahead. Moreover, notable changes over the past year in Pennsylvania statutory law, as well as the Rules of Professional Responsibility, are expected to have a significant impact.

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“Hercules and the Umpire” and Other Judges’ Blogs.

04 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Judges

≈ Comments Off on “Hercules and the Umpire” and Other Judges’ Blogs.

Tags

Blogging from the Bench, Blogs, Hercules and the Umpire, Joe Palazzolo, Judge Kopf, Judges, Law Technology News, Robert Ambrogi, Robert Ambrogi's Web Sites, Senior U.S. District Judge Richard Kopf, Wall Street Journal

Federal Judge Hangs Up His Blogging Robes, by Robert Ambrogi, Robert Ambrogi’s Law Sites

http://tinyurl.com/ktmc7dd

Last summer, Law Technology News published my article, Blogging From the Bench, in which I surveyed the fairly paltry number of judges who blog. In a subsequent post here, I added more blogging judges.

Prominently featured in the LTN piece was Senior U.S. District Judge Richard Kopf, who last February launched the blog Hercules and the Umpire and quickly found notoriety when he published a post in which he declared, ‘A lot of what the Supreme Court does is simply irrelevant to what federal trial judges do on a daily basis.’

Yesterday, after writing 416 posts in the last year that generated some 425,000 page views and 3,700 comments, Judge Kopf announced the end of his blog.

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Trial Tech Costs Will Be Easier to Recover In 2014.

04 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Legal Technology, Technology, Trial Tips and Techniques

≈ Comments Off on Trial Tech Costs Will Be Easier to Recover In 2014.

Tags

Cogent Legal Blog, Legal Technology, Morgan Smith, Technology Costs, Trial Tips and Techniques

Good News for 2014: Trial Tech Costs Can Be Easier to Recover, by Morgan Smith, Cogent Legal Blog

http://tinyurl.com/kpqnkld

For those of you who rely heavily on trial technicians and courtroom technology, a 2013 case on CCP Section 1033.5 is important to know about because it enhances your ability to recover trial tech costs.

Every year, technology becomes an increasingly important part of case presentations. In a piecemeal fashion, courts are steadily catching up to this 21st-century reality and beginning to recognize that tech-related trial costs are legitimately recoverable.

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Courtroom Body Language – How to Read It and Use It In Court.

04 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Closing Argument, Cross-Examination, Direct Examination, Experts, Judges, Jury Selection, Opening Argument, Trial Tips and Techniques, Voir Dire, Witness Preparation

≈ Comments Off on Courtroom Body Language – How to Read It and Use It In Court.

Tags

Attorneys, Body Language, Expert Witnesses, Judges, Legal Skills Prof, Legal Skills Prof Blog, Trial Tips and Techniques, Witnesses

Tips For Reading And Managing Courtroom Body Language, by Legal Skills Prof, Legal Skills Prof Blog

http://tinyurl.com/k7uxpr7

The most brilliant trial attorneys seem to have a natural instinct for reading people, knowing intuitively what a nod from a juror or glance from a judge implies. For the rest of us, there’s this handy cheat sheet that breaks down some of the most common body language exhibited in the courtroom. You can use it to modulate your own behavior, train your client, or gain additional insight into opposing counsel, judge and jury.

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App Recommendations for Apple Devices From iPad Notebook Blog.

04 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Apple, Apps, Cell Phones, iPad, iPhones, Legal Technology

≈ Comments Off on App Recommendations for Apple Devices From iPad Notebook Blog.

Tags

Apple, iPad Notebook Blog, iPads, iPhone J.D. Blog, iPhones, Justin S, Kahn, Legal Technology

Apps for Attorneys (and others), by Justin S, Kahn, iPad Notebook Blog (with hat tip to iPhone J.D. Blog!)

http://tinyurl.com/mnf2mr5

With the new year and new resolutions being made, this is the perfect time to consider digital apps to work with your iPad. There does not seem to be a single place that has organized the different apps available into a one stop site. This is my attempt to do so.

Whether you are a lawyer, law student or work for a law firm, perhaps you have promised yourself that you will go more digital and be more paperless. If so, consider the apps below to help you practice law better with your iPad.

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Addictive Tips Blog’s Best Android Apps and Windows Software of 2013.

04 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Android Phones, Apps, Cell Phones, Legal Technology, Microsoft Office

≈ 1 Comment

Tags

Addictive Tips Blog, Android Apps, Apps, Haroon Q Raja, Microsoft Windows, Waqas Ahmed, Windows

172 Best Android Apps Of 2013, by Haroon Q Raja, Addictive Tips Blog

http://tinyurl.com/pkrhg74

150 Best Windows Software Of Year 2013, by Waqas Ahmed, Addictive Tips Blog

http://tinyurl.com/mvj7t62

Even though not each relate directly to the legal industry, they are worth a look. Those who have switched to Windows 8 should find many useful tips in the Windows software. -CCE

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Robert Ambrogi’s Most Popular 2013 Posts

02 Thursday Jan 2014

Posted by Celia C. Elwell, RP in Adobe Acrobat, Clouds, Law Office Management, Legal Ethics, Social Media, Using Social Media

≈ Comments Off on Robert Ambrogi’s Most Popular 2013 Posts

Tags

Adobe Acrobat, Clouds, Dropbox, Legal Ethics, LexisNexis, LinkedIn, Robert Ambrogi, Ross Kodner, Thomson Reuters

My Most Popular Posts of 2013, by Robert Ambrogi, Robert Ambrogi’s Web Sites

http://www.lawsitesblog.com/2013/12/popular-posts-2013.html

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Better Trial Messages to the Jury.

02 Thursday Jan 2014

Posted by Celia C. Elwell, RP in Closing Argument, Jury Instructions, Opening Argument, Trial Tips and Techniques, Voir Dire

≈ Comments Off on Better Trial Messages to the Jury.

Tags

Cambridge, Chunking, Closing Argument, Daniel Bor, Dr. Ken Broda-Bahm, Opening Argument, Persuasive Litigator, Trial Tips and Techniques, Voir Dire

Chunk Your Trial Message, by Dr. Ken Broda-Bahm, Persuasive Litigator

http://tinyurl.com/jvum7kj

Dr. Broda-Bahm provides excellent ideas for litigators on how to “chunk” their trial messages. -CCE

 Give me the bite-sized version, break it down into pieces, and tell it to me step-by-step. The brain loves to segment, and the process known as “chunking” seems to be a central part of how we recognize patterns, manage information, and form new insights. A recent perspective on the process is articulated by Cambridge neuroscientist Daniel Bor in his book, The Ravenous Brain (2012).

[I]t is one thing for the attorney to get that structure, and it is another thing for her listeners to get it just as well. Litigators and other communicators often believe that they’re breaking things down based on a clear, explicit, and meaningful structure, but their audience instead simply experiences a continuous and unbroken flow of information or arguments. Here are a few rules of thumb for making sure you’re actually chunking when you think you’re chunking:

  • It has to be simple (which usually means flat, without substructure, and limited to a manageable number of main points).

  • It has to be explicit (which usually means actually saying something like, “First point,” “Second point,” and “Third point”).

  • It usually should be previewed (“Tell them before you tell them,” unless you having a strategic reason for preserving a surprise).

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Recommended Law Practice Resolutions for 2014

02 Thursday Jan 2014

Posted by Celia C. Elwell, RP in Law Firm Web Sites, Law Office Management, Legal Blogs, Management, Marketing

≈ Comments Off on Recommended Law Practice Resolutions for 2014

Adopt These Resolutions For Your Law Practice In 2014, Lawyerist Insider

http://tinyurl.com/lcsckk3

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