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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Monthly Archives: February 2014

HIPAA’s Omnibus Final Rule – Revise Your Procedures!

27 Thursday Feb 2014

Posted by Celia C. Elwell, RP in Final Omnibus Rule, Government, Health Law, HIPAA, Law Office Management, Legal Malpractice, Office Procedures

≈ Comments Off on HIPAA’s Omnibus Final Rule – Revise Your Procedures!

Tags

Business Associate, Civil Fines, HIPAA, HIPAA privacy policies, HIPPA Final Omnibus Rule, HITECH Act, Individually-Identifiable Health Information, Legal Malpractice, PHI, State Bar Discipline, The San Diego County Bar Association

Ethics in Brief – HIPAA Omnibus Final Rule: One Year Anniversary and Impact on Attorneys as Business Associates, by Linda Hunt Mullany, Ofer Barley, and Charles Berwanger, of Gordon & Rees LLP, for Ihe San Diego County Bar Association

https://www.sdcba.org/index.cfm?pg=Ethics-in-Brief-2-3-2014

January 25, 2014 marks the one year anniversary of the publication of the long-awaited omnibus final rule (“Final Rule”) by the Office of Civil Rights of the U.S. Department of Health and Human Services (“OCR”).  The Final Rule implemented many proposed regulations, and addressed other provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) in accordance with the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”).  This article addresses the most pertinent changes affecting attorneys as business associates who receive protected health information (“PHI”) from a covered entity.  Please note that additional requirements by state-specific privacy laws may apply.    

*     *     *

What This Means to Attorneys as Business Associates Going Forward
The extension of the covered entity’s responsibilities to business associates now brings possible civil and criminal liability to the forefront.  HIPAA civil fines for noncompliance can be up to $50,000 per violation (or a maximum of $1.5 million for repeated violations) depending on the degree of culpability, and criminal penalties may result in up to ten years in prison.  When combined with state penalties, these numbers may be even higher, and land an unwary attorney with front-page publicity of the wrong kind.  Anyone can file a complaint with the OCR if he or she believes that a violation occurred since the complainant need not be an actual victim.  The federal government will then decide whether to investigate and impose a fine or penalty.  Separately, noncompliance may also involve state bar discipline for attorney misconduct or causes for legal malpractice and, in California, individual patients can bring private lawsuits when their PHI has been negligently released in violation of state law.

Attorneys as business associates must immediately comply with the HIPAA Security and Privacy Rules.  That means that they will need to conduct a security risk assessment and draft a security policy for handling client electronic files that contain PHI.  Further, attorneys will need to implement HIPAA privacy policies regarding the use, disclosure, maintenance and destruction of PHI in any form.  Finally, if attorneys have not done so already, they are advised to audit their existing BAAs and come into compliance with the updated provisions, especially if they use subcontractors.

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What’s All the Fuss Over A Serial Comma?

26 Wednesday Feb 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Legal Writing

≈ Comments Off on What’s All the Fuss Over A Serial Comma?

Tags

Good Legal Writing Blog, John Hightower, People v. Walsh, Seiral Comma, Susan Hankin, Tiffany Johnson, University of Maryland Law School

The Case for the Serial Comma, by Tiffany Johnson, Good Legal Writing Blog

http://goodlegalwriting.com/2011/09/13/the-case-for-the-serial-comma/

I am a HUGE fan of the serial comma in most instances (especially in legal writing).  In this article, Susan Hankin at the University of Maryland Law School uses the reasoning of New York’s People v.Walsh to make a solid case for keeping that critical comma. . . .

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Arizona Anti-Gay Bill Vetoed.

26 Wednesday Feb 2014

Posted by Celia C. Elwell, RP in Employment Law, Fourteenth Amendment Equal Protection, Gender Discrimination, Government, Hostile Work Environment

≈ 1 Comment

Tags

Anti-Gay Bill, Arizona, Center for Arizona Policy, Discrimination, Gender Discrimination, Governor Jan Brewer, Jeff Flake, John McCain, Mitt Romney, Religious Liberty, Secretary of State John Kerry, Senate Bill 1062, Super Bowl

Arizona Governor Vetoes  Anti-Gay Bill, by Dan Nowicki, Yvonne Wingett Sanchez, and Alia Beard Rau, The Arizona Republic, USA Today

http://www.usatoday.com/story/news/nation/2014/02/26/arizona-governor-vetoes-anti-gay-bill/5849187/

It will be interesting to see how Arizona Governor Jan Brewer’s veto will affect similar legislation in other states, such as Oklahoma, Idaho, and Kansas, and if the pressure from businesses and the public have not already done so. -CCE

Facing intense pressure from political and business interests and a growing public outcry, Arizona Gov. Jan Brewer announced Wednesday that she had vetoed a bill that would have allowed businesses to refuse service to gays and others based on religious beliefs.

Brewer said the bill was unnecessary legislation that threatened the state’s recovering economy by driving away high-profile events such as next year’s Super Bowl and corporations looking to relocate to Arizona.

“Religious liberty is a core American and Arizona value — so is non-discrimination,” Brewer said at a news conference announcing the veto.  She said the proposed law, known as Senate Bill 1062, was too broadly worded and could have resulted in “unintended and negative consequences.” . . .

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Litigator’s Self-Assessment Legal Writing Test.

24 Monday Feb 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Legal Writing, Legalese, Litigation, Trial Tips and Techniques

≈ Comments Off on Litigator’s Self-Assessment Legal Writing Test.

Tags

Above the Law (blog), Comes Now, Hereinafter, Litigator's Self-Assessment Test, Mark Herrmann, Raymond Ward, the (new) legal writer blog, Thereof

Are You A Crappy Litigator? A Self-Assessment Test! by Mark Herrmann, Above The Law Blog (with hat tip to Raymond Ward at the (new) legal writer blog!)

http://abovethelaw.com/2014/02/are-you-a-crappy-litigator-a-self-assessment-test/

Not exactly the words I would choose to make the point, but I agree that the emphasis on short, clear sentences and paragraphs is more persuasive. -CCE

It’s so hard to judge yourself.

Deep in your soul you know that people who criticize you are idiots, and people who praise you are wise and sagacious.

How can you possibly tell if you’re any good at what you do?

I have the answer for you! I’ve created a litigators’ self-assessment test! Now you’ll know if you’re any good!

Here’s how it works: Take out the last brief you filed.

Do it. Now. You won’t learn anything if you don’t follow the rules. . . .

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Apple Fixes NSA Encryption Security Flaw.

24 Monday Feb 2014

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

≈ 1 Comment

Tags

1Password app, AgileBits, Apple, Daring Fireball, Edward Snowden, Encryption, iOS 7.0.4, iOS 7.0.5, iOS 7.0.6, iPhone J.D. Blog, Jeff Goldberg, Jeff Richardson, John Gruber, NSA, PRISM Documents, Security Updates

Apple Fixes Security Flaw In iOS, Perhaps Thanks To Snowden?, by Jeff Richardson, iPhone J.D. Blog

http://tinyurl.com/lmnrlvr

Apple releases minor security updates for the iPhone and iPad from time to time.  When folks ask me if they should upgrade, I virtually always say yes.  Why not have an iPhone that is more secure, and less likely to be hacked by bad guys?  So this past Friday afternoon when Apple released iOS 7.0.6 and said that it was a security update, I updated my devices but otherwise did not think much of it.  (And no, you did not miss an update if, like me, you went from iOS 7.0.4 to 7.0.6; 7.0.5 was only released for iPhones sold in China.)

But over the weekend, there were two posts about this update by John Gruber of Daring Fireball (Post 1, Post 2) that I thought were pretty interesting.  According to PRISM documents leaked by Edward Snowden, the NSA gained the ability to intercept encrypted iPhone traffic in October of 2012, and that’s apparently right after the bug fixed by iOS 7.0.6 was introduced.  As Gruber notes, this could mean all sorts of things.  It could mean that someone at Apple intentionally added a backdoor for the NSA.  Or it could mean that someone at Apple made a simple coding mistake but the NSA found out about it and exploited it.

Or it could just be a big coincidence, but there is at least a chance that Apple has now found and fixed a security bug that had been exploited by the NSA. . . .

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Expert Witness Lesson – Don’t Do This.

24 Monday Feb 2014

Posted by Celia C. Elwell, RP in Child Abuse, Expert Witnesses, Family Law, Judges

≈ Comments Off on Expert Witness Lesson – Don’t Do This.

Tags

Attorney Fees, Dr. V. Kavirajan, Dylan Farrow, Expert Witnesses, Family Law, New York Times, Rita Handrich, The Jury Room Blog, Woody Allen

What Expert Witnesses Should Not Do (Dylan, Woody & the Judge), posted by Rita Handrich, The Jury Room Blog

http://keenetrial.com/blog/2014/02/24/what-expert-witnesses-should-not-do-dylan-woody-the-judge/

The sad and painful tale of Dylan Farrow has emerged again following her letter to the NYT after Woody Allen received the Golden Globes Lifetime Achievement Award. Woody Allen responded to Ms. Farrow’s open letter and she responded to his response. The internet has been on fire with reactions, pro-Farrow, pro-Allen, and everything in between. You can find them with a simple internet search and we won’t link to them here.

This post isn’t really about the letter, the responses, or the internet reaction to them. Instead, it’s about the original judge in the dispute and a cautionary tale for the attorneys who hire expert witnesses everywhere. I first saw the judge’s written opinion when it was sent around on a mailing list. It reads like a ‘don’t do this’ text for the would-be forensic expert witness. There are so many legitimate reasons this case would not have succeeded at trial–regardless of Mr. Allen’s actual culpability. . . .

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Lexis Launches “Evidence Challenge” For Law Students.

24 Monday Feb 2014

Posted by Celia C. Elwell, RP in eBooks, Evidence, LexisNexis

≈ Comments Off on Lexis Launches “Evidence Challenge” For Law Students.

Tags

Digital Books, eBooks, Evidence Challenge, Evidence Law, Jeanne Eicks, Law Students, LexisNexis, Robert Ambrogi, Robert Ambrogi’s LawSites, Vermont Law School’s Center for Legal Innovation.

It’s Game On for Lexis with Launch of ‘Evidence Challenge,’ posted by Robert Ambrogi, Robert Ambroi’s Law Sites

http://tinyurl.com/ngsud5p

Over the last two years, LexisNexis has been ramping up its library of ebooks, with a growing list of titles for both practitioners and law students. Law students, in particular, are key consumers of ebooks, Lexis says, citing statistics that say six in 10 college students prefer digital books over print. One of the advantages of an ebook over print is the ability to link interactive features that augment and enhance the core text.

That is what Lexis is aiming to do with Evidence Challenge, its new interactive role-playing game designed to help second- and third-year law students test their knowledge of evidence law. . . .

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What’s The Point of An Appellant’s Reply Brief?

24 Monday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Judges, Appellate Law, Brief Writing, Judges, Legal Argument, Legal Writing

≈ 1 Comment

Tags

Appeal, Appellate Briefs, Appellate court, Appellate Law, Brief Writing, Legal Argument, Reply Brief

Yes, Filing an Appellant’s Reply Brief Really is Necessary, by Mike Skotnicki, Briefly Writing Blog

http://brieflywriting.com/2014/02/03/yes-filing-an-appellants-reply-brief-really-is-necessary/

In both my prior practice of appellate law in a fairly large firm and now in my work as a freelance appellate attorney, I’ve been asked by lawyers I was working with whether it was really necessary to file an Appellant’s Reply Brief. My short answer is, ‘Only if you want to win.’

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More On Why Lawsuits Are So Expensive.

22 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Cross-Examination, Damages, Exhibits, Experts, Litigation, Motor Vehicle, Personal Injury, Plaintiff's Counsel, Product Liability, Trial Tips and Techniques, Video Deposition, Witnesses

≈ Comments Off on More On Why Lawsuits Are So Expensive.

Tags

Accident Reconstructionist, Cross-Examination, Daubert Rule, Engineer, Expert Witness, Filing Fees, Personal Injury, Product Liability, Video Deposition

Why Lawsuits Are So Expensive, Pt. II, by Gregory H. Haubrich, Foshee & Yafee, Butter’s Blog

http://greghaubrich.com/2014/02/13/why-lawsuits-are-so-expensive-pt-ii/

In my previous edition of Butter’s Blog, Part I explored why lawsuits are so expensive. In Part II, we are going to break down the costs of getting your case to trial. To get a rough estimate of what your law firm may spend handling the case,  we must first look at what kind of case it is.

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Sayeth or Saith? Actually, It’s Neither.

22 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Affidavits, Bad Legal Writing, Legal Writing, Legalese

≈ Comments Off on Sayeth or Saith? Actually, It’s Neither.

Tags

17th Century, Affidavit, Bryan A. Garner, Further Affiant Sayeth Naught, Garner’s Dictionary of Legal Usage, LawProse, Legalese

LawProse Lesson #149: “Further Affiant Sayeth Naught,” by Bryan A. Garner, LawProse

http://www.lawprose.org/blog/?p=2506

Further affiant sayeth naught.

Many affidavits close with this classic legalese or some variation of it. Other than the obvious questions (‘What does it mean?’ and ‘Is it necessary?’), this phrase gives rise to two stylistic dilemmas.

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Interesting Theory of Jury Persuasion.

22 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Jury Persuasion, Trial Tips and Techniques

≈ Comments Off on Interesting Theory of Jury Persuasion.

Tags

Counter-Factual Thinking, Douglas Keene, Jury Persuasion, Tainted Altruism Effect, The Jury Room Blog, Time Magazine

Simple Jury Persuasion: The “Tainted Altruism Effect,” posted by Douglas Keene, The Jury Room Blog

http://tinyurl.com/knnu6as

People will actually see you more positively when you raise no money for charity at all than they will when you raise $1,000,000 (but skim $100,000 for yourself). Even if you said you were going to keep 10% up front and the charity really did get the $900,000! When you benefit (in any way) from your charitable activities, your altruistic acts are likely to be seen as somehow tainted by your self-interest.

There is a really nice write-up of this article at Time Magazine and therefore, we won’t focus on what the researchers did, but rather on the reason they thought tainted altruism worth investigating. It’s all about access to counter-factual information!

Interested related posts at the end of this post by Mr. Keene. -CCE

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There’s More To Government Research Than FirstGov.gov.

22 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Government, Library of Congress, References, Regulations, Research, U.S. Government

≈ Comments Off on There’s More To Government Research Than FirstGov.gov.

Tags

Bing, Boolean Connectors, FirstGov.gov, Google, Government Research, Internet for Lawyers, Justia, Legal Research, U.S. Government

Finding Government Documents on the Internet, Internet for Lawyers

 http://tinyurl.com/mklz4tq

 

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The Effect of Missouri’s Gun Law Change.

22 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Gun Control Laws, Stand Your Ground Law

≈ Comments Off on The Effect of Missouri’s Gun Law Change.

Tags

CNN, Daniel Webster, Duke University, Firearm Homicides, Gangs, Gun Control, Handgun Purchasing Supplier, Jason Miks, Johns Hopkins Bloomberg School of Public Health, Johns Hopkins Center for Gun Policy and Research, Licensed Gun Dealer, Missouri, Philip Cook, Public Safety, Right To Carry, Stand Your Ground Law

What Missouri’s Gun Law Change Did, by Daniel Webster, Special to CNN, post by Jason Miks, CNN

CNN Editor’s note: Daniel Webster is director of the Johns Hopkins Center for Gun Policy and Research and Professor of Health Policy and Management at the Johns Hopkins Bloomberg School of Public Health. The views expressed are his own.

http://tinyurl.com/l7hxn62

Many Americans have a built in bias when they’re considering the potential for gun laws to reduce violence. After all, our TV screens are regularly filled with stories about gun violence – a gang member suspected in a triple shooting in South Chicago, an estranged husband murders a woman and then commits suicide, a shooting at local night club, scores dead and injured after a gunman opens fire in a crowded movie theater.

So it might seem logical that with so many dangerous people apparently determined to kill, and so many guns already in circulation and available to those individuals, that efforts to prevent killings through gun laws are futile. It’s an idea encouraged by the rhetoric of the National Rifle Association and others who argue that criminals, by definition, won’t obey gun laws.

But our perceptions of reality can be distorted by the things that we don’t see every day – what the media does not or cannot report.  For example, aside from the FBI’s records of the number of individuals who don’t pass background checks when attempting to purchase a firearm, we simply cannot know how many people don’t even try to buy a gun because they are disqualified from possessing guns.

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Get It In Writing!

22 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Intentional Misrepresentation, Intentional Promise, Promissory Fraud

≈ Comments Off on Get It In Writing!

Tags

Contract Law, Enforceable Promise, Intentional Misrepresentation, Promissory Estoppel, Promissory Fraud

“When I Get The Big Money, I’ll Take Care Of You,” by Myanna Dellinger, ContractProf Blog

http://tinyurl.com/lfs2gpy

Do such words imply an enforceable promise to give an employee additional compensation both for work already performed and for work to be performed in the future if the speaker actually obtains a sizeable chunk of money?

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Common Presentation Mistakes.

22 Saturday Feb 2014

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

≈ Comments Off on Common Presentation Mistakes.

Tags

Laura Bergells, Lectures, MANIACTIVE All About Presentation, Presentations, Public Speaking, Seminar Speakers, Speeches

OK, So Never Start A Sentence With These 10 Words . . ., by Laura Bergells, MANIACTIVE All About Presentation

http://maniactive.com/blog/ok-so-never-start-a-sentence-with-these-10-words/536

No offense, but I recently had to leave a lecture because the speaker began every other sentence with either ‘So…’ or ‘Alright, so…’

His information may have been spectacular, but after a half hour, I felt too distracted to listen anymore. When your audience starts playing a mental drinking game based on taking a sip every time you say “so” and downing the whole glass every time you begin a sentence with the word “so” — and they’re hammered in 5 minutes — you might want to face the problem.

Saying ’so’ is so over.

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Dropbox Is Making Changes.

21 Friday Feb 2014

Posted by Celia C. Elwell, RP in Arbitration, Clouds, Dropbox, Legal Technology

≈ Comments Off on Dropbox Is Making Changes.

Tags

Arbitration, Clouds, Dropbox, Dropbox Blog, ITProPortal, Jamie Hicks, Ramsey Homsany, Terms and Conditions

Dropbox Publishes New T&Cs That Anger Users, by Jamie Hicks, ITProPortal

http://tinyurl.com/phbdjk3

Dropbox has announced that it plans updates to its Terms of Service and Privacy Policy, effective March 24, 2014. Highlights of these changes are:

•     The addition of an arbitration section  has angered many of its users. Dropbox has provided an online form to opt out of this section 30 days after the new Terms of Service and Privacy Policy go into effect.

•     The Privacy Policy now contains Dropbox’s recently launched Government Data Request Principles. When you allow Dropbox access to your contacts, Dropbox says that it stores them so that you (and only you) can share with others more easily.

•     The Terms of Service and Privacy Policy has been revised to simplify its language and to explain its list of features.

The arbitration clause language added to the Terms and Conditions has generated the most criticism. (See Dropbox Blog @ https://blog.dropbox.com/2014/02/updating-our-terms-of-service/, posted by Ramsey Homsany. This section is viewed by its critics as designed to defeat class action litigation by urging users to opt out. -CCE

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Compilation of Resources on Adoption Law.

21 Friday Feb 2014

Posted by Celia C. Elwell, RP in Adoption Law, Family Law, Indian Child Welfare Act, Legal Directory, Parental Rights, References

≈ Comments Off on Compilation of Resources on Adoption Law.

Tags

Adoption Law, Closed Adoptions, Family Law, HG.org, Indian Child Welfare Act, Legal Directories, Open Adoptions, Step-Parents

Adoption Law, HG.org

http://www.hg.org/adoption.html

A compilation of information about adoption, starting with a brief explanation of this area of law, termination of parental rights, open vs. closed adoptions, adoption by a step-parent, and working with an adoption law. This is interesting but the meat comes next, in my opinion, in the sections on knowing your rights, articles on adoption law, and so on. You might also take note at the top of the web page of a hyperlink to “Family Law,” which provides a good overview of that area of law as well.

HG.org (formerly Hieros Gamos.org) is a free legal directory with an abundance of information about American law. It provides a search engine to look for attorneys, topics of law, and more. If you have not already spent time looking at each section of this legal directory, I encourage you to do so.

HG.org is not the only legal directory, but I think it is one of the best. I have already provided a list of similar resources on the Internet at https://researchingparalegal.com/2013/10/23/some-of-the-best-free-legal-research-guides-on-the-internet-no-wikipedia-does-not-count/. If you have not already had an opportunity to visit that link, I think you will find the resources there worth bookmarking. -CCE

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Egypt’s 2014 Constitution.

20 Thursday Feb 2014

Posted by Celia C. Elwell, RP in 2014 Constitution

≈ Comments Off on Egypt’s 2014 Constitution.

Tags

2012 Constitution, Adly Monsour, Chief Justice Nabil Saleeb, Egyptian Constitution, Human trafficking, Military Courts, Mohammed Morsi, Supreme National Electoral Commission, Women's Rights

Perspectives on Egypt’s 2014 Constitution, by Kelly Buchanan with guest post by George Sadek, Senior Legal Research Analyst, Law Library of Congress, In Custodia Legis, Law Librarians of Congress

http://blogs.loc.gov/law/2014/02/perspectives-on-egypts-2014-constitution/

Last month, a new Egyptian Constitution was approved in a popular referendum held on January 14-15.  The Head of the Supreme National Electoral Commission, Chief Justice Nabil Saleeb, announced the results of the referendum on January 18 and stated that the voter turnout was 38.6% of the 53 million people eligible to vote.  Of those who voted, 98% voted in favor of the new Constitution.  The Constitution came into effect on that same day after it was signed by the current interim president, Adly Monsour, and published in the official gazette.  It replaces the 2012 Constitution issued under the administration of former President Mohammed Morsi. . . .

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Former Appellate Law Clerk Emphasizes Brief Writing Skills.

19 Wednesday Feb 2014

Posted by Celia C. Elwell, RP in Alabama Supreme Court, Appellate Judges, Appellate Law, Bad Legal Writing, Brief Writing, Judges, Legal Analysis, Legal Writing, Statement of Facts

≈ Comments Off on Former Appellate Law Clerk Emphasizes Brief Writing Skills.

Tags

Alabama Supreme Court, Appellate Judges, Brief Writing, Briefly Writing Blog, Chief Justice Sonny Hornsby, Justice Terry Butts, Legal Writing, Mike Skotnicki

The Most Important Thing I Learned on the Inside of the Alabama Supreme Court, by Mike Skotnicki, Briefly Writing Blog

http://tinyurl.com/mhq8a3m

An excellent post well worth reading. This short excerpt reminds us why quality legal writing is so critical in appellate advocacy. -CCE

[T]o win an appellate matter you must make your brief come alive, hold the reader’s attention, influence the reader to view your client favorably, and help guide the court to the result you want. With the paucity of oral argument, the appellate brief is very likely your only opportunity to present to the court the passion you hold for your client’s cause and that passion, though controlled, should be palpable. Your brief must be more like a compelling novel, telling a story of conflict, than the dry and lifeless tome that is most often submitted on appeal. If your brief is the one that the appellate judge or staff member goes back to again and again in preference to that of the opposing party as the matter is being considered, the chances of your client winning will climb immeasurably.  Sometimes having the “best” case or fact in your favor is enough for your client to win, but most appeals simply aren’t that easy. . . .

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Journalist’s Guide to the Federal Courts.

18 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Law, U.S. Courts of Appeal, United States Supreme Court

≈ Comments Off on Journalist’s Guide to the Federal Courts.

Tags

A Journalist's Guide to the Federal Courts, Federal Judges, Journalists, Media, United States Courts

A Journalist’s Guide to the Federal Courts, United States Courts

 http://www.uscourts.gov/News/JournalistsGuide.aspx

Federal judges and the journalists who cover them share much common ground. One clear area of mutual interest is accurate and informed coverage of federal courts. A Journalist’s Guide to the Federal Courts is intended to assist reporters assigned to court coverage. It is the media who inform and educate the public about the courts, spark discussion and debate about their work, instill public trust and confidence in the institution and its function, and help protect judicial independence. These are worthwhile and important pursuits.

There are justifiable and distinct differences between the three branches of government and the access they grant the news media. Most of the work of federal courts is performed in open court and decisions, and in most cases court filings are available on the Internet. This primer is aimed at helping reporters who cover federal appellate, district, and bankruptcy courts – the cases, the people, and the process.

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Primer on Electronic Medical Records.

18 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in Electronic Records, Health Law

≈ Comments Off on Primer on Electronic Medical Records.

Tags

Audit Trail, Chart Organization, Chronologies, EHR, Electronic Medical Records, EMR, Lawyerist Blog, Todd Hendrickson

Electronic Medical Records: A Primer, by Todd Hendrickson, Lawyerist Blog

http://lawyerist.com/electronic-medical-records-a-primer/

I’ve litigated personal injury cases for nearly 25 years and I’ve read literally millions of pages of medical records. The advent of electronic medical records (EMRs, also known as EHRs for Electronic Health Records) was touted as the answer to many litigators complaints: Handwritten records were often incomplete, confusing and illegible. And while a printout is (usually) legible, EMRs bring with them a host of other problems and considerations. If you deal with medical records in your practice, there are some things you should know.

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Must Health Plans Cover Costs of Suicide?

18 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in Health Law, Health Reform

≈ Comments Off on Must Health Plans Cover Costs of Suicide?

Tags

Ann Doucette, Attempted Suicide, Bi-Polar Disorder, Employees, Health Insurance, Health Insurance Portability and Accountability Act, Health Plans, Medical Costs, Sara Rosenbaum, Source-Of-Injury Exclusions, Suicide

Despite Law, Health Plans Refuse Medical Claims Related To Suicide, by Michelle Andrews, NPR Health News

http://tinyurl.com/lxowwyu

Dealing with the aftermath of a suicide or attempted suicide is stressful enough. But some health plans make a harrowing experience worse by refusing to cover medical costs for injuries that are related to suicide, even though the federal health law doesn’t allow such exclusions, legal and government analysts say.

Yet patients or their loved ones often don’t realize that.

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Do Football Helmets Protect Children From Concussions?

18 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in Brain Damage, Football Helmets, Sports Law

≈ Comments Off on Do Football Helmets Protect Children From Concussions?

Tags

American Academy of Neurology, Brain Contusions, Brain Damage, Children, Concussions, Dr. Francis X. Conidi, Football, Football Helmets, John Lloyd, Los Angeles Times, Melissa Healy, Science Now, Skull Fractures, Sports Law, Tackle Football

Football Helmets And Concussion: A New Study Opens New Questions, By Melissa Healy, Science Now, Los Angeles Times

http://tinyurl.com/mfdx6z2

Here’s a novel idea, given that American parents send almost 4 million of their children out to play tackle football every year, despite mounting concerns about youth concussions: Maybe the helmets their kids wear should be tested and ranked on how well they prevent concussion.

A study to be presented at a meeting of the American Academy of Neurology attempts to do exactly that, comparing 10 of the most widely used football helmets in drop tests designed to measure the kinds of forces that are most likely to result in concussion.

The latest research finds that football helmets, which have been designed largely to prevent skull fractures and brain contusions, aren’t all that effective against concussion, which happens when the brain bounces and twists around inside the skull. . . .

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Is Sherlock Holmes in the Public Domain?

17 Monday Feb 2014

Posted by Celia C. Elwell, RP in Copyright, Intellectual Property, Public Domain

≈ Comments Off on Is Sherlock Holmes in the Public Domain?

Tags

A Study in Sherlock, Copyright, Dan Nabel, Dmitri Martin, Dr. Watson, In the Company of Sherlock Holmes, Laurie King, LawLawLand Blog, Leslie Klinger, Pegasus Books, Professor Moriarty, Public Domain, Random House, Sherlock Holmes, Sir Arthur Conan Doyle

Federal Judge Declares Sherlock Holmes Characters in Public Domain. Sort of., by Dan Nabel, LawLawLand Blog

http://tinyurl.com/lqx7vda

Comedian Dmitri Martin has a great joke about the expression ‘sort of.’  Although normally a fairly meaningless expression, saying ‘sort of’ after certain things suddenly becomes very important.  Such as after the phrase ‘I love you,’ or ‘You’re going to live,’ or ‘It’s a boy.’  I immediately thought of this joke after reading a recent order issued by a federal court in Illinois.  The order declared that Sherlock Holmes, Dr. Watson, 221B Baker Street, the evil Professor Moriarty, and other elements of Sir Arthur Conan Doyle’s beloved works have fallen into the public domain.

Sort of.

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PeopleFinder for U.S. Military.

17 Monday Feb 2014

Posted by Celia C. Elwell, RP in Locator, Military Records, References, Vital Records

≈ Comments Off on PeopleFinder for U.S. Military.

Tags

Military Locator, Military People Finder, Military Records, PI Buzz.com, Tamara Thompson, U.S. Military

Find People in the U.S. Military, by Tamara Thompson, PI Buzz.com

http://pibuzz.com/find-people-in-the-us-military/

Tamara Thompson is an extremely experienced researcher. Her blog, PI Buzz.com, is definitely worth bookmarking. -CCE

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