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~ Articles and Research for Legal Professionals

The Researching Paralegal

Monthly Archives: July 2014

This Time, Employer’s Social Media Policy Does Not Violate Employee’s Rights.

06 Sunday Jul 2014

Posted by Celia C. Elwell, RP in Administrative Law, Employment Law, Social Media

≈ Comments Off on This Time, Employer’s Social Media Policy Does Not Violate Employee’s Rights.

Tags

Administrative law judge, Employment Law, Jason Shinn, Michigan Employment Law Advisor, NLRB, Shinn Legal PLC, Social media

Employer’s Social Media Policy Found Not To Violate Employees’ Rights, by Jason Shinn of Shinn Legal, PLC, Michigan Employment Law Advisor

http://tinyurl.com/q8pogjs

A recent social media case involving the NLRB should be cause for celebration for employers. Specifically, in Landry’s Inc., Case No. 32-CA-118213 (June 26, 2014), an NLRB administrative law judge (ALJ) had found a social media policy concerning its subsidiary, Bubba Gump Shrimp Co. Restaurants, Inc., did not violate the National Labor Relations Act (NLRA).

Initially, the General Counsel argued that Bubba Gump’s social media policy infringed on employee’s rights under the NLRA because it would tend to prohibit employees from discussing terms and conditions of employment with coworkers or third parties. That social media stated as follows:

‘While your free time is generally not subject to any restriction by the Company, the Company urges all employees not to post information regarding the Company, their jobs, or other employees which could lead to morale issues in the workplace or detrimentally affect the Company’s business. This can be accomplished by always thinking before you post, being civil to others and their opinions, and not posting personal information about others unless you have received their permission.’

The ALJ agreed that without ‘more,’ the first sentence could violate the NLRA. But the ALJ noted that the social media policy did not outright restrict speech on job related issues – job related subject matters – but, instead, the manner in which such issues are being discussed and debated, i.e., being civil to others and their opinions:

‘Without more, it would be reasonable for employees reading this language to conclude that the Respondent generally frowns upon all job-related postings of any type. However, the cautionary language is modified by the language in the next sentences which may be understood to clarify that the 40 avoidance of morale problems may be ‘accomplished’ by simply being civil to others and their opinions.’

Employer Take-Aways

From an employer’s perspective this case is a good result. But it is also a reminder that the NLRB’s General Counsel continues to closely scrutinize employers’ social media policies. For this reason, it continues to be important to carefully draft social media policies that will give ALJs the opportunity to sensibly read the policies so as to not find a violation of employees’ rights under the NLRA. . . .

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The Latest Changes at the SEC.

06 Sunday Jul 2014

Posted by Celia C. Elwell, RP in Securities & Exchange Commission

≈ Comments Off on The Latest Changes at the SEC.

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SEC, Securities & Exchange Commission

What’s New on the SEC Website

http://www.sec.gov/news/whatsnew/wn-today.shtml

 This [link] provides a daily list of the most recent materials posted to the SEC website. Note that the official release date of a document may differ from the posting date, in which case, the release date is indicated in parentheses.

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New and Amended California Court Rules and Local Rules.

06 Sunday Jul 2014

Posted by Celia C. Elwell, RP in Appellate Law, California Supreme Court

≈ Comments Off on New and Amended California Court Rules and Local Rules.

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Amended Court Rules, California Courts, Court Rules, Local Rules

California Courts, The Judicial Branch of California, New & Amended Court Rules

http://www.courts.ca.gov/rules.htm

California County Court Local Rules effective July 1, 2014:

http://www.courts.ca.gov/3027.htm

Alameda County, Butte County, Calaveras County, Contra Costa County, El Dorado County, Fresno County, Humboldt County, Imperial County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Merced County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Riverside County, Sacramento County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Tulare County. Tuolumne County, Ventura County, and Yuba County. -CCE

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Children as Witnesses.

06 Sunday Jul 2014

Posted by Celia C. Elwell, RP in Admissibility, Child Molestation, Child Witnesses, Criminal Law, Evidence, Judges, Sexual Assault, Trial Tips and Techniques, Witness Preparation, Witnesses

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Admissibility, Anatomical Dolls, Child Welfare Information Gateway, Child Witness, Comptenct, Leading Questions, Sexual Abuse

The Child as a Witness, from Child Welfare Information Gateway

https://www.childwelfare.gov/pubs/usermanuals/courts_92/courtsk.cfm

Good, basic information. I recommend that you check out the entire website. This is only a taste of what it contains. -CCE

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Is A Blink A Dying Declaration?

06 Sunday Jul 2014

Posted by Celia C. Elwell, RP in Admissibility, Dying Declaration, Evidence, Rule 804

≈ Comments Off on Is A Blink A Dying Declaration?

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Blinking, Colin Miller, Court of Special Appeals of Maryland, Dying Declaration, Evidence, Evidence Rule 804, EvidenceProf Blog, Identification by Photograph

Blink: Court of Special Appeals of Maryland Finds Eye Blinking by Shooting Victim Admissible as Dying Declaration, by Colin Miller, EvidenceProf Blog

http://tinyurl.com/o3ag2ah

On November 26, 2010, Prince George’s County Detective Latasha Green visited the Shock Trauma Unit to see if Pate could identify a picture of his shooter from a photographic array. Just prior to the session, Nurse Keener had asked Pate a series of questions to determine whether he was ’alert and oriented.’ She determined that he was. Nurse Keener later testified that blinking hard is a primary method of communication for patients who are unable to speak. She elaborated on how the technique works.

Detective Green showed Pate a series of six photographs and asked him to blink hard if he saw a picture of the person who shot him. Pate blinked hard when he was shown the third picture in the photographic array but did not blink hard when shown any of the other five pictures. The third photograph was that of the appellee,  Jermaine Hailes. The photographic array procedure was recorded on videotape and was entered into evidence at the suppression hearing. State v. Hailes, 2014 WL 2191405 (Md.App. 2014).

Was Pate’s eye blinking admissible as a dying declaration? . . . .

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The New ALWD Citation Guide.

05 Saturday Jul 2014

Posted by Celia C. Elwell, RP in ALWD, Citations, Legal Writing, The Bluebook

≈ Comments Off on The New ALWD Citation Guide.

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ALWD Citation Manual, Citations, Coleen Barger, Legal Writing Prof, Legal Writing Prof Blog, Legal Wrting, The Bluebook

The Inside Scoop About The New ALWD Citation Guide, by Legal Writing Prof, Legal Writing Prof Blog

http://tinyurl.com/n9beufc

Let’s not forget that the 20th edition of the Bluebook is coming, although the publication date has yet to be announced. -CCE

At the LWI conference, members got inside information about ALWD’s new citation guide. It’s no longer called a manual–the title of the fifth edition is the ALWD Guide to Legal Citation. Chief editor Coleen Barger and contributor Brooke Bowman explained that the new guide has eliminated the differences between it and the Bluebook. That means, among other things, that large-and-small caps are now prescribed for certain law review citations and abbreviations and citations have been standardized to comport with traditional formats.  But the new guide will be easier to use than the Bluebook. Plentiful symbols clarify when spaces are needed, and law review formats are integrated into the subject matter sections but clearly labeled by a title, an identifying marginal line, and a warning symbol.

A companion site includes exercises that students who purchase the book can access. An on-line teacher’s manual will be available soon and will include comparison charts between the fourth and fifth editions and between the fifth edition and the Bluebook. . . .

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Internet’s Largest, Comprehensive Directory, and Search Engine for Acronyms, Abbreviations. and Initialisms.

05 Saturday Jul 2014

Posted by Celia C. Elwell, RP in Abbreviations, Acronyms, Initialisms, Legal Writing, References

≈ Comments Off on Internet’s Largest, Comprehensive Directory, and Search Engine for Acronyms, Abbreviations. and Initialisms.

Tags

Abbreviations, Abbreviations.com, Acronyms, DailyWritingTips Blog, Initialisms, Mark Nichol, Stands4 Netowrk

Abbreviations.com, a Member of the Stands4 Network

http://www.abbreviations.com/

What the heck is an initialism? Happily, Mark Nichol at DailyWritingTips Blog has a complete explanation here: http://www.dailywritingtips.com/initialisms-and-acronyms/. -CCE

We are the world’s largest and most comprehensive directory and search engine for acronyms, abbreviations and initialisms on the Internet. Abbreviations.com holds hundreds of thousands of entries organized by a large variety of categories from computing and the Web to governmental, medicine and business and it is maintained and expanded by a large community of passionate editors. Read more about our awards and press coverage.

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Web Resources for Illinois Appellate Lawyers.

04 Friday Jul 2014

Posted by Celia C. Elwell, RP in Appellate Law, Illinois Supreme Court

≈ Comments Off on Web Resources for Illinois Appellate Lawyers.

Tags

Appellate Law, Appellate Lawyer Association, Appellate Resources, CLE, Illinois Supreme Court, U.S. Court of Appeals for the Seventh Circuit

[Illinois] Appellate Lawyer Association Web Resources

http://www.applawyers.org/resources.html

This section includes valuable lists of links to:

  • Illinois references, such as a List of Courts in the State, Local Bar Associations and Law Schools

  • Law-Related Directories and Portals

  • A Roster of Research Sites

  • Providers of CLE Courses

  • Legal Employment Resources

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The Capitol Steps Are On Tonight!

04 Friday Jul 2014

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

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NPR, Political Satire, The Capitol Steps

The Capitol Steps Radio Show Tonight!,  from NPR.

If you like political satire set to music, tune in to the show that started at 7 p.m. C.S.T. tonight to enjoy The Capitol Steps radio show. Great entertainment for the Fourth of July before the fireworks. -CCE

http://www.capsteps.com/radio/

 

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Four More Ways Soon-To-Be-Divorced Spouses May Use To Conceal Assets.

04 Friday Jul 2014

Posted by Celia C. Elwell, RP in Family Law, Marital Asset

≈ Comments Off on Four More Ways Soon-To-Be-Divorced Spouses May Use To Conceal Assets.

Tags

Asset Search Blog, Divorce and HIdden Money, Financial Institutions, Fred Abrams, Hidden Assets, Marital Assets, Money Laundering, Tax Fraud

Divorce & Hidden Money: Four Methods Spouses Sometimes Use To Conceal Assets, by Fred Abrams, Asset Search Blog

http://tinyurl.com/lf8cndm

This is the eighth post in the ‘Divorce & Hidden Money’ series.  Like ‘Four Asset Concealment Tools’ and ‘Four Ways Assets Can Be Secretly Transferred,’ the post reveals methods a spouse may use to hide marital assets and keep more than his/her fair share of the marital estate. . . .

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How To Make a Timeline Exhibit Using Microsoft Excel.

04 Friday Jul 2014

Posted by Celia C. Elwell, RP in Excel, Exhibits, Legal Technology, Microsoft Office, Trial Tips and Techniques

≈ Comments Off on How To Make a Timeline Exhibit Using Microsoft Excel.

Tags

Deborah Savadra, Legal Office Guru Blog, Legal Technology, Microsoft Excel, Timeline

Creating A Custom Timeline In Excel, by Deborah Savadra, Legal Office Guru Blog

http://legalofficeguru.com/custom-timeline-in-excel/

If you do not have special litigation software and need to create a timeline exhibit for your case, hang on to this post. It will come in handy, as will the Legal Office Guru Blog.  If you cannot find what you need there, try the Addictive Tips Blog – another good “how to” resource. -CCE

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Some Of The Common Mistakes Made In Appeals.

04 Friday Jul 2014

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

≈ Comments Off on Some Of The Common Mistakes Made In Appeals.

Tags

Appellate Briefs, Appellate Law, Appellate Procedure, Brief Writing, Findlaw.com, Legal Argument, Scott P. Stolley, Thompson & Knight LLP

Appeal in Error: Common Mistakes Made in Appeals, by Scott P. Stolley of Thompson & Knight LLP, Findlaw.com

http://tinyurl.com/knotqwo

Some lawyers prefer trial litigation. Some prefer appellate law. For those who enjoy litigation, need to appeal, but don’t want to do it themselves, hire an appellate lawyer. There are appellate specialists out there who know the in’s and out’s of appellate procedure.

Lawyers who specialize in appellate law often have experience working for the justices or former justices of that court. It gives them an unique insight into the personalities and proclivities of that court. Sometimes that is a useful thing. – CCE

After a trial, the losing party often has too much at stake, emotionally or financially, to let the verdict stand unchallenged. Appeal is the next option, but many litigants do not fully understand how different an appeal is from a trial. They may also underestimate the differences between trial lawyers and appellate lawyers. These differences may be overlooked when inexperienced litigants launch an appeal. The following is a discussion of common mistakes that such litigants regularly make. . . .

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Style Manuals for the CIA and NSA SIGNIT and More.

04 Friday Jul 2014

Posted by Celia C. Elwell, RP in Editing, Fonts, Legal Writing, Proofreading, Quotations, Readability, Style Manuals

≈ Comments Off on Style Manuals for the CIA and NSA SIGNIT and More.

Tags

beSpacific Blog., CIA, Grammar and Punctuation, NSA SIGNIT, Sabrina I. Pacifici, Style Manuals, Writing

CIA Style Manual Available Online, by Sabrina I. Pacifici, beSpacific Blog

http://tinyurl.com/mshotwq

If you are not familiar with Ms. Pacifici, I encourage you to check out her blog. She is an extraordinary researcher. These materials are interesting enough on their own, but you will see that the links take you to the FOIA Resources at The National Security Archive.  The Government Attic Blog is also worth a good, long look. -CCE

Via governmentattic.org:

  • ‘National Security Counselors law firm has obtained a copy of the CIA Directorate of Intelligence Style Manual, Eighth Edition, 2011.  It is entitled Style Manual & Writers Guide for Intelligence Publications. The CIA Guide is not alone.  Each of the members of the Intelligence Community ­IC ­ have one or more Style Manuals to conform the reports and documents of that agency to a consistent writing style and usage.  This is highly important to achieving clear and unambiguous communications of such matters.

  • Here is another example: the NSA SIGINT Style Guide

  • The National Security Counselors web site publishes a large number of interesting documents released under FOIA, or under litigation arising from FOIA requests.’

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Classic Writing Tips From C.S. Lewis.

01 Tuesday Jul 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Legal Writing, Legalese, Plain Language, Proofreading, Readability

≈ Comments Off on Classic Writing Tips From C.S. Lewis.

Tags

C.S. Lewis, Editing, Ethos3, Grammar and Punctuation, Legal Writing, Plain Language, Readability, Scott Schwertly

5 Writing Tips by C.S. Lewis, the Purveyor of Childhood, by Scott Schwertly, the Founder and CEO of Ethos3

http://tinyurl.com/qzawhfs

It’s pretty likely that C.S. Lewis brought you a little bit of happiness when you were a child. As author of the ‘Chronicles of Naria’ series, C.S. Lewis created one of the most beloved children series of all time. As a result, he got loads of fan mail from his biggest fans: children. And being the nice purveyor of childhood glee that he was, he managed to respond to many of the letters, including one from Joan Lancaster, in which he included several tips on writing. Let’s see what we can learn about presentations from his poignant advice.

1. Always try to use the language so as to make quite clear what you mean and make sure your sentence couldn’t mean anything else.

This is great advice for the presenter as our job is disseminate information as clearly and simply as possible. In order to do so, use language that tells the audience what they need to know in the simplest way possible. Say what you want to say as simply as possible. Don’t overcomplicate your language for no reason.

2. Always prefer the plain direct word to the long, vague one. Don’t implement promises, but keep them.

This goes hand in hand with Lewis’s previous nugget of advice. Use plain, direct language in your presentation. You won’t sound smarter by using a ten-dollar word when a five-dollar word will do. Rather, you might come across as pretentious. Don’t alienate your audience with obscure language. Be as direct as possible.

3. Never use abstract nouns when concrete ones will do. If you mean ‘More people died’ don’t say ‘Mortality rose.’

Mr. Lewis is adamant about the importance of clear, direct language, isn’t he? Minimize abstraction as much as possible with the language you use. Be as clear and concrete as possible.

4. In writing. Don’t use adjectives which merely tell us how you want us to feel about the thing you are describing. I mean, instead of telling us a thing was ‘terrible,’ describe it so that we’ll be terrified. Don’t say it was ‘delightful’; make us say ‘delightfu’ when we’ve read the description. You see, all those words (horrifying, wonderful, hideous, exquisite) are only like saying to your readers, ‘Please will you do my job for me.’

This may be the best bit of Lewis’s advice, as it’s basically a snarky version of ‘show, don’t tell.’ Engage your audience by using vivid language that describes a situation instead of simply telling the audience how it made you feel using a range of blasé adjectives. Remember Jerry Weissman’s advice: Don’t make the audience think. Describe situations so clearly and in such a compelling nature that the audience won’t have any question as to what happened or how it made you feel.

5. Don’t use words too big for the subject. Don’t say ‘infinitely’ when you mean ‘very’; otherwise you’ll have no word left when you want to talk about something really infinite.

Lewis’s last piece of advice again addresses the need to use clear, precise language. Don’t exaggerate in your description of something as that would be an easy way to mislead your audience. Above all, if we are to follow Lewis’s advice in our presentations, use language that is as direct and to-the-point as possible. Your presentation will be much more accessible and well-received if you eliminate abstract, unclear language altogether.

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George Orwell’s “Politics and the English Language”

01 Tuesday Jul 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Editing, Legal Writing, Legalese, Plain Language, Proofreading, Readability

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Bad Legal Writing, Editing, George Orwell, Grammar and Punctuation, Legal Writing, Legalese, Plain Language, Politics and the English Language, Proofreading

Politics and the English Language, George Orwell’s Library

http://tinyurl.com/nsagx

Orwell’s 1946 essay, “Politics and the English Language” is a classic. Mr. Orwell actually had six, not five, excellent rules for effective writing. Follow these rules, and you cannot go wrong. -CCE

1. Never use a metaphor, simile, or other figure of speech which you are used to seeing in print.

2. Never use a long word where a short one will do.

3. If it is possible to cut a word out, always cut it out.

4. Never use the passive where you can use the active.

5. Never use a foreign phrase, a scientific word, or a jargon word if you can think of an everyday English equivalent.

6. Break any of these rules sooner than saying anything outright barbarous.

 

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Is It Time For A “Bring Your Own Device” Policy for Your Law Office?

01 Tuesday Jul 2014

Posted by Celia C. Elwell, RP in Android Phones, Apple, Blackberry Phones, Cell Phones, Clouds, Computer Forensics, Confidentiality, Cybersecurity, Disaster Preparedness, Emails, Encryption, Google, Intellectual Property, iPad, iPhones, Law Office Management, Legal Blogs, Legal Ethics, Legal Technology, Mac, Management, Marketing, Passwords, PC Computers, Social Media, Supervising Support Staff, Tablets, Technology, Using Social Media

≈ Comments Off on Is It Time For A “Bring Your Own Device” Policy for Your Law Office?

Tags

Apple, Blackberry Phone, Cell Phones, Confidentiality, Curo Legal Blog, Cybersecurity, iPads, iPhones, Legal Ethics, Mobile Device Policy, Passwords, Tablets, Will Harrelson

Mobile Device Security for Lawyers: How Solos and Small Firms can Ethically Allow Bring Your Own Device, by Will Harrelson, Curo Legal Blog (with hat tip to Jeff Richardson, iPhone J.D. Blog!)

http://tinyurl.com/lrrnp7g

The Start of Bring Your Own Device Policies

It really is the iPhone’s fault. Yes, Apple is to blame for designing the most desirable piece of technology of the last decade. So desirable, in fact, that employees of all stripes requested (and, often, begged) their IT departments to toss the increasingly-‘corporate’ Blackberry out the window and allow the use of their personal iPhones for corporate emails and calls. As a result, we have been living in the age of ‘Bring Your Own Device’ where employees use a single personal mobile phone (or tablet) for both their personal email, texting, and social media while also using it for work email, word processing, and other enterprise applications.

Before the Bring Your Own Device era, a company’s greatest out-of-office security concern was an employee who left a briefcase in a taxi. Today, the worry is an employee misplacing a device the size of wallet containing almost limitless amounts of data that criminals or hackers would easily and quickly exploit if given the chance. Clearly, there is an obvious financial motivation for all businesses to protect their own or customer’s sensitive data.

However, lawyers face particular ethical consequences if they fail to take reasonable efforts to either investigate the technologies that they implement or protect their client’s confidential information. . . .

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