Handouts From The Writing Center.

18 Wednesday Jun 2014

Posted by in Citations, Footnotes, Legal Writing, Plagiarism, Plain Language, Proofreading, Quotations, Readability, Spell Checking

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Handouts, The Writing Center, The University of North Carolina at Chapel Hill

http://writingcenter.unc.edu/handouts/

Not necessarily for legal writers, but downright handy nonetheless. The folks who put this together are kind enough to share this valuable resource, and welcome your ideas and suggestions. At the bottom of the post’s page, you will find contact information for contributions. Please give back if you can as thanks for this thoughtful gift. -CCE

Proofreaders’ Marks and More.

18 Wednesday Jun 2014

Posted by in Legal Writing, Proofreading

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Proofreaders’ Marks, by Merriam-Webster Online Chicago Manual of Style Online

http://www.chicagomanualofstyle.org/help-tools/proofreading-marks.html

Unfortunately, the former Merriam Webster Online link to this information no longer works. No worries. There are plenty of other places to find proofreading marks. These are commonly used when editing any type of document in a law office. If you are not familiar with them, I suggest that you print the list for easy reference.

Another excellent website that provides an abundant amount of information, including proofreading marks, grammar and punctuation, dictionaries, and other reference resources is RefDesk.com (https://www.refdesk.com).

If you decide that neither of these are your cup of tea, just search “proofreader marks” with your favorite search engine. -CCE

Bye, Bye Privilege! What Happens When You Take No Reasonable Steps To Prevent Disclosure.

18 Wednesday Jun 2014

Posted by in Attorney Work Product, Attorney-Client Privilege, Discovery, Document Review, E-Discovery, Federal Rules of Discovery, Requests for Production

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Think Fast—But Not Too Fast: Privilege Waived for Failure to Take Reasonable Steps to Prevent Disclosure, published by K&L Gates

http://tinyurl.com/khbymml

First Tech. Capital, Inc. v. JPMorgan Chase N.A., No. 5:12-CV-289-KSF-REW, 2013 WL 7800409 (E.D. Ky. Dec. 10, 2013)

In this case, the court found that privilege was waived where First Technology Capital, Inc. (‘FTC’*), through counsel, failed to take reasonable steps to prevent the inadvertent disclosure of privileged materials.  The court’s determination that counsel’s efforts were unreasonable was based, in part, on the speed of the alleged page-by-page review (each document received, on average, only 9.84 seconds of review) and FTC’s failure to produce a privilege log, among other things. . . .

How To Draft Interrogatories.

17 Tuesday Jun 2014

Posted by in Discovery, Insurance Defense, Interrogatories, Litigation, Motor Vehicle, Negligence, Personal Injury, Product Liability

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Drafting Interrogatories, by Megan E. Boyd, Lady (Legal) Writer

http://tinyurl.com/lx5y8ql

There are five types of discovery. Each has its own strength and weakness. Knowing when, and how, to use each effectively narrows the issues of the case and may even provide sufficient evidence for a successful summary judgment motion. This post discusses one of the most common and useful forms of discovery – interrogatories. -CCE

Interrogatories (a fancy name for a list of questions) are sent as part of the discovery process in litigation and allow parties to gain information relevant to the litigation. Many attorneys send interrogatories before they engage in other types of discovery, such as depositions, because interrogatory responses often help an attorney narrow down the types of questions the attorney will ask during a deposition. . . .

Will Insurers Win Battle Against Rising Cancer Treatment Costs?

17 Tuesday Jun 2014

Posted by in Drug Promotion, Health Law, Health Reform, Insurance Coverage, Insurance Law

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Insurers Take Up Fight Against Rising Chemotherapy Costs, by Julie Appleby, Kaiser Health News 

http://tinyurl.com/no6clm6

Some cancer patients and their insurers are seeing their bills for chemotherapy jump sharply, reflecting increased drug prices and hospitals’ push to buy oncologists’ practices and then bill at higher rates.

Patients say, ‘I’ve been treated with Herceptin for breast cancer for several years and it was always $5,000 for the drug and suddenly it’s $16,000 — and I was in the same room with the same doctor same nurse and the same length of time,’ said Dr. Donald Fischer, chief medical officer for Highmark, the largest health plan in Pennsylvania.

Like other insurers, Highmark found that when hospital systems bought doctors’ practices, chemotherapy costs rose because physicians’ offices were then deemed ‘hospital outpatient centers’ and could charge more for overhead.

Now insurers are pushing back. In what may be the first move of its kind, Highmark in April stopped paying higher fees for chemotherapy drugs given to patients whose doctors work for hospitals, instead paying the same price they would have had the doctor remained independent. . . .

IRS Says It Did Not Back Up Email, But Relied on Employees To Archive Email On Personal Computers.

17 Tuesday Jun 2014

Posted by in Depositions, E-Discovery, Emails, Government, Internal Revenue Service, Legal Technology, Litigation Hold, Microsoft Office, Outlook, PC Computers, Preservation, Requests for Production

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GOP: IRS Lost More Emails In Tea Party Affair, by Rachel Bade with contributions by Josh Gerstein and Brian Faler, POLITICOPro

http://tinyurl.com/k9ycgz6

This did not catch my eye because of the politics or that the involved party is the IRS. I was simply in awe that anyone in this day and age of litigation holds and e-discovery could – with a straight face – claim to have irretrievably lost so much computer data.  -CCE

Republicans on Tuesday charged that the IRS has lost emails of a half dozen of its employees involved in the tea party targeting controversy, including a top aide to the now-fired acting IRS commissioner.

In addition to losing two years’ worth of emails sent and received by Lois Lerner, the central figure in the scandal, the IRS ‘cannot produce records from six other IRS employees involved in the targeting of conservative groups,’ Ways and Means Republicans said in a release.

* * *

Ways and Means does not say how the emails went missing or what time specific time periods are involved, though they say it includes the period at issue. In the case of Lerner, for example, her archived emails between 2009 and 2011 were washed away in a 2011 computer crash, the agency says.

* * *

The IRS says that at the time they did not keep records of or back up all emails. Rather, they relied on employees to archive them on their personal computers after they ran out of storage space in their Outlook inboxes. . . .

When Has An Internet “Term of Use” Contract Even Been Called Entertaining?

16 Monday Jun 2014

Posted by in Contract Law

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Terms of Use as Entertainment, by Nancy Kim, ContractsProfBlog

http://tinyurl.com/p34ybeo

We here at the contracts prof blog are frequently in a lather over adhesive contracts.  Terms of use run amok, arbitration clauses are routinely enforced, and non-compete clauses prevent teenagers from seeking gainful employment.  Yet, where’s the outrage from other quarters?  One problem, as John Oliver notes in this hilarious (and effective) bit on net neutrality, is that some things are just too BORING to grab consumers’ attention.  Towards the end of the clip (about 10:10), he states this truth:  ‘If you want to do something evil, put it inside something boring.’  He speculates that Apple could put the entire text of Mein Kampf inside its user agreement and we would just hit ‘Agree.’ . . . .

Can You Buy A Gun For Someone Else?

16 Monday Jun 2014

Posted by in Appellate Law, Gun Control Laws, Second Amendment, United States Supreme Court

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Supreme Court Is One Vote Away From Wrecking Gun-Trafficking Prosecutions, by Paul M. Barrett, Politics & Policy, BloombergBusinessweek

http://tinyurl.com/msbaoh2

Sometimes what the Supreme Court almost does is more striking than what it says in its majority opinion. Such is the case with today’s 5-4 ruling that federal agents may go after a ‘straw’ purchaser who buys a gun for someone else, even if both people are legally eligible to own firearms.

What’s amazing about this decision is that four dissenting members of the court—led by Justice Antonin Scalia—were prepared to rule against the federal government in a fashion that would have undermined countless prosecutions of alleged gun traffickers. To put this more starkly: The Supreme Court is one vote away from judicially nullifying one of the most common tools U.S. law enforcers use to deter and punish criminals who send other people into gun stores to purchase firearms and circumvent the federal background-check system. . . .

Apologizing For Bad Customer Service? Choose Your Words Carefully.

15 Sunday Jun 2014

Posted by in Legal Writing, Plain Language, Readability

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Need To Apologize? Try Plain English, by Roy Jacobsen,  Writing, Clear and Simple Blog

http://tinyurl.com/pweoxkv

There are good ways and bad ways to address a customer service fiasco. Courtesy of Southwest Airlines, here’s one of the bad ways:

‘We are working directly with the family after sincerely apologizing and issuing a full refund for their less-than-positive travel experience,’ Southwest spokesman Brad Hawkins said Sunday night. ‘We certainly will take away any potential learnings from this experience in our constant evaluation of how to provide the best possible customer service, which is second only to the safety of every passenger.’

Setting aside the situation that led this (the short version: Chris and Heather Dainiak, parents of a terminally ill boy, were told their son could not fly sitting in his protective chair, even though he had used it on another Southwest flight just days earlier), I have to ask: what makes people talk this way? . . . .

The Hole In Mobile Security Making Your Phone An Easy Target.

15 Sunday Jun 2014

Posted by in Android Phones, Cell Phones, Cybersecurity, Encryption, Fraud, Identity Theft, iPad, iPhones, Legal Technology, Malware, Tablets

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Here’s One Big Way Your Mobile Phone Could Be Open To Hackers, by Steve Henn, All Tech Considered, NPR

http://tinyurl.com/l2re8ll

Despite the fact that every major Internet provider has added some kind of encryption to its services over the past year, tracking your online traffic is easier than you think.

And you don’t have to be the target of the hacker or the NSA for your traffic to be intercepted. There is a hole in mobile security that could make tens of millions of Americans vulnerable.

Unsecure Wi-Fi networks have been a well-known vulnerability in the tech industry for years. They can let even the most unsophisticated hacker capture your traffic and possibly steal your identity. . . .

If You Want To Lose The Case, Just Write Like This.

15 Sunday Jun 2014

Posted by in Bad Legal Writing, Brief Writing, Citations, IRAC, Legal Analysis, Legal Argument, Legal Writing, Legalese, Plain Language, Proofreading, Propositions and Headings, Quotations, Readability

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How To Lose Your Case, by Eric Voight, Lawyerist Blog

http://lawyerist.com/73849/how-to-lose-your-case/

Legal writers do this more than they realize, sometimes out of haste and short deadlines. These are common — and fixable — bad writing mistakes. -CCE

In litigation, you have to persuade judges that your client’s position is correct, but don’t forget about the gatekeepers. Your motions and briefs will probably be reviewed by a law clerk before it reaches the judge’s desk. Clerks for federal judges say they have reviewed many motions and briefs where it appeared that the attorneys didn’t care whether their clients prevailed.

I didn’t realize that attorneys would prefer to lose, not win, their case. But if your goal is losing, this article is for you. Be sure to incorporate these ideas from my law clerk friends into your motions and briefs — if you want to lose your case. . . .

Writing For The Court – It’s Not All About Content.

15 Sunday Jun 2014

Posted by in Bad Legal Writing, Brief Writing, Legal Argument, Legal Writing, Legalese, Plain Language, Proofreading, Readability

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TrialRight Again, by Kirby Griffis, BriefRight

http://briefright.com/trialright-again/

Picture yourself as the judge or the judge’s law clerk. You read briefs and other documents all day. Most are boilerplate language. When someone does have an original thought, the writer ruins it with redundancies and poor grammar and punctuation. 

Imagine the Court’s relief when someone writes a brief that makes a concise legal point supported by correctly formatted citations. This is a short article, but it makes a strong argument for clear writing. -CCE

Last week, I wrote about how some of the principles of briefwriting apply just as strongly to trial practice. There’s another important principle that applies strongly to each. I learned it years ago from an excellent trial lawyer: everything is evidence.

In court, the jurors start to evaluate who in the courtroom they can trust and believe from the moment they first walk through the door, from before voir dire to after closing argument. Their scrutiny is not limited to the content of your formal speeches and witness examinations: it extends to your demeanor as you sit at counsel table, how much you object and when, whether you fumble with exhibits, whether you arrive to court each day in a limo, and everything else that they can see. You must think about all of these things.
Similarly, in your legal briefs, the judge is not just paying attention to content. She is also influenced by how long the brief is, its formatting, its clarity, and many other factors as well. . . .

Your Management Style – Do You Fix It Or Improve It? It’s Hard To Do Both.

15 Sunday Jun 2014

Posted by in Law Office Management, Legal Ethics, Management, Supervising Support Staff

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5 Reasons Managers Are Addicted To “Fixing” – And How To Recover, by Jill Geisler, Poynter.com

http://tinyurl.com/pn83wov

I admit it. I’m a recovering fixer. Show me a piece of copy and my fingers get itchy. I crave contact with a keyboard, with a gnawing urge to tweak someone’s writing a little — or maybe a lot.

Then I remind myself of the pledge I took years ago:

‘Remember, Jill. Sit on your hands. Coach, don’t fix.’

I adopted that mantra so I’d have to learn how to help my newsroom staff improve their work without taking away their ownership, responsibility, and too often, their pride in performance. I’d have to learn to teach, not just do. Moreover, I’d need to teach in a way that would help people discover ideas and approaches for themselves, instead of just following instructions from the boss.

Now, in my leadership workshops, when I identify myself as a recovering fixer, I ask if there are any others like me in the room.

I’m never alone.

Many of the aspiring great bosses my workshops say they, too, are hooked on fixing. They’re also the ones who play catch-up on all their other daily duties as they hand-polish the work of others. But it’s become their way of life. Maybe it’s your reality, too.

Why are managers so addicted to fixing? I’ve identified top five reasons: . . . .

 

2014 Changes to Federal Subpoena Rules.

15 Sunday Jun 2014

Posted by in Discovery, Subpoenas

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Changes to Federal Court Subpoena Rules Can Affect Business and Individuals, by Ryan K. Meyer, Fleeson Gooing Website

http://tinyurl.com/oaed43e

Rule 45 of the Federal Rules of Civil Procedure addresses the ability of federal court litigants to obtain relevant information from individuals or entities that are not parties to the litigation. This generally involves the issuance of a subpoena directing the recipient to appear to testify and/or to produce documents. A non-party may be quite surprised to receive a subpoena in a case with which it has no involvement which is being conducted in another state, but the subpoena cannot be ignored. Likewise, when involved in federal court litigation, it is important for a litigant to know what information it can obtain from third parties, and how this must be done.

This article will provide some basic information regarding recent changes that have been made to Rule 45. . . .

Are Acronyms Effective or Alphabet Soup?

15 Sunday Jun 2014

Posted by in Acronyms, Closing Argument, Cross-Examination, Direct Examination, Jury Persuasion, Legal Writing, Making Objections, Opening Argument, Oral Argument, Trial Tips and Techniques, Voir Dire

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DUA: Don’t Use Acronyms, by Dr. Ken Broda-Bahm, Persuasive Litigators Blog

http://tinyurl.com/p66tcgk

I’m monitoring a criminal trial this week, and at the end of opening statements, the judge looked at the jury and said, ‘Okay, both sides have been referring to ‘AUSAs’ — they know what that means and I know what that means, but I’m guessing that you don’t know that that means?” Head nods from the jury. ‘It means ‘Assistant U.S. Attorney,’ continued the judge, “so please fill that in wherever you hear it.” Good solution? Better than nothing. But it would have been best if both sides would have simply used the title instead of abbreviating it. The tiny amount of additional time it takes to say ‘Assistant U.S. Attorney’ rather than ‘USA’ is well worth it in terms of clarity and understanding.

But some attorneys, experts, and other witnesses continue to love the economy of the acronym. But particularly in spoken communication, and particularly in front of a jury, that economy comes at a cost: meaning lost in translation and increased cognitive workload even when it is translated. Practical persuaders before a lay audience are well advised to avoid acronyms almost entirely. Okay, I say almost entirely — there are some exceptions (and besides ‘Generally Avoid Acronyms’ would have been ‘GAA.’) The few acronyms that ought to still be used are those that have such widespread familiarity that they almost become words in their own right: USA, CNN, or ASAP. In all other cases where the acronyms don’t benefit from automatic translation, the litigator is best off choosing the full expression and not the acronym. This post takes a look at a few reasons, implications, and replacements for trial persuaders looking to lose the alphabet soup of acronyms. . . .

Divorce Asset Concealment Tools.

14 Saturday Jun 2014

Posted by in Divorce, Family Law, Hidden Assets

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Divorce & Hidden Money: Four Asset Concealment Tools, published by Fred Abrams, Asset Search Blog

http://tinyurl.com/lyuofz5

This is the sixth post in the ‘Divorce & Hidden Money’ series.

‘Four Ways Assets Can Be Secretly Transferred’ mentioned methods some use to move assets across international borders. My post regarding the 2011 divorce between Helga and Gaston Glock discussed additional asset concealment tools. Any one or a combination of these additional tools can be used to hide marital assets. . . .

Note Limited Time to File Employment Discrimination Charge!

14 Saturday Jun 2014

Posted by in Anti-Retaliation, Bullying, Disabilities, EEOC, Employment Law, Fair Labor Standards Act, Gender Discrimination, Harassment, Hostile Work Environment, Minimum Wage, Overtime, Pregnancy Discrimination, Race Discrimination, Sexual Harassment, Wrongful Termination

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Time Limits For Filing A Charge, U.S. Equal Employment Commission

http://www.eeoc.gov/employees/timeliness.cfm

The anti-discrimination laws give you a limited amount of time to file a charge of discrimination. In general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. The rules are slightly different for age discrimination charges. For age discrimination, the filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline is not extended if only a local law prohibits age discrimination.

Note: Federal employees and job applicants have a different complaint process, and generally must contact an agency EEO Counselor within 45 days. The time limit can be extended under certain circumstances.

Regardless of how much time you have to file, it is best to file as soon as you have decided that is what you would like to do.

Time limits for filing a charge with EEOC generally will not be extended while you attempt to resolve a dispute through another forum such as an internal grievance procedure, a union grievance, arbitration or mediation before filing a charge with EEOC. Other forums for resolution may be pursued at the same time as the processing of the EEOC charge. . . .

14 Saturday Jun 2014

Posted by in Criminal Law, Justice Reform

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Reducing Recidivism: States Deliver Results, Justice Center, The Council of State Governments

http://tinyurl.com/psqclq8

In Reducing Recidivism: States Deliver Results, the National Reentry Resource Center (NRRC) highlights eight states that have achieved reductions in statewide recidivism in recent years: Colorado, Connecticut, Georgia, North Carolina, Pennsylvania, Rhode Island, South Carolina, and Wisconsin. The report focuses on statewide recidivism data for adults released in 2007 and 2010 with a three-year follow-up period, offering a current snapshot of criminal justice outcomes in these states. The report also features examples of recidivism-reduction strategies and programs that the states have undertaken in this timeframe, as well as additional data on the state’s criminal justice populations through 2013. . . .

“How To” For PowerPoint Graphics.

14 Saturday Jun 2014

Posted by in Legal Technology, PowerPoint, Presentations

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16 PowerPoint Litigation Graphics You Won’t Believe Are PowerPoint, by Ken Lopez, The Litigation Consulting Report

http://tinyurl.com/oosuacz

Litigators do not need to know how to create advanced PowerPoint litigation graphics. However, litigators do need to understand what a skilled artist is capable of producing using the program. Most will be surprised to learn what’s possible, and even veteran users of PowerPoint will think there’s an element of magic in some of the presentations shared in this article. . . .

Candy For Writers! Grammar Girl’s Editing Checklist.

14 Saturday Jun 2014

Posted by in Legal Writing, Proofreading, Readability, Spell Checking

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Grammar Girl’s Editing Checklist, Mignon Fogary, Grammar Girl Blog

http://tinyurl.com/qy3efup

At the end of a recent writing webcast, we distributed a Grammar Girl editing checklist that turned out to be so popular we decided to make it widely available. Print out the checklist and keep it on your desk as a handy reference to use when you’re editing.

Use Safe Smart Pro App to Secure Your Sensitive Data.

14 Saturday Jun 2014

Posted by in Apple, Apps, Cell Phones, Confidentiality, iPad, iPhones, Legal Ethics, Legal Technology

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App of the Week: Smart Safe Pro – Secure Sensitive Data on Your iPhone, by Lisa Pansini, Legal Productivity Blog

http://tinyurl.com/lxzhvrw

Regardless of whether you use your iPhone for docketing or receive emails from clients, legal ethics require that information about your clients be treated as confidential. And guess what, there’s an app for that. -CCE

Smartphone data is sacred to many. The mere thought of another human being infiltrating the privacy of their devices is enough to bring them to their knees. Rejoice, over-protective iOS user, for there is Smart Safe Pro ($2.99).

Secured with a AES-256 encryption, Smart Safe Pro operates as your digital vault, allowing you to secure passwords, photos, credit cards, and other documents. All this can be done without having to put a password lock on your device (but you can still have one if you really want it!)

You can choose between a PIN code, dot lock, numeric or alphanumeric passcode. The app can also send break-in reports with photo and GPS data via email, just in case someone tries to worm their way into your private data (requires in-app purchase). As if that wasn’t enough, the app also comes with a decoy login mode to throw potential snoopers for a loop. . . .

Recent Court Rule Changes For Minnesota Courts.

14 Saturday Jun 2014

Posted by in Appellate Law, Court Rules, Courts, Criminal Law, Justice Reform, Minnesota

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Recent Rule Orders, Minnesota Judicial Branch

http://www.mncourts.gov/default.aspx?page=511#recentRules

The Minnesota Courts have been busy. Below you will see rule changes that are already in effect. Others will be in effect in the near future. For those practicing in the Minnesota appellate courts, state civil and criminal courts, and juvenile courts, this is a “must read.” -CCE

 

 06-12-2014 (Effective July 1, 2014) Supreme Court Promulgates Amendments to the Rules of Juvenile Protection Procedure and the Rules of Adoption Procedure.

03-10-2014 (Effective July 1, 2014)  Court of Appeals Issues Standing Order Regarding Paper Copies of Briefs

02-28-2014 (Effective July 1, 2014) Supreme Court Issues Standing Order Regarding Paper Copies of Briefs

02-28-2014 (Effective July 1, 2014) Supreme Court Promulgates Amendments to the Rules of Civil Appellate Procedure

12-31-2013 (Effective December 31, 2013) Supreme Court Promulgates Amendments to the Minnesota Code of Judicial Conduct

12-06-2013 (Effective July 1, 2014) Supreme Court Promulgates Amendments to the Minnesota State Board of Continuing Legal Education

12-03-2013 Supreme Court Orders Amendments to General Rules Of Practice for the District Courts. Except with respect to Minn. Gen. R. Prac. 304.02 and 304.03, the amendedments are to be effective immediately. The amendments to Minn. Gen. R. Prac. 304.02 and 304.03 are to be effective on January 1, 2014.

09-18-2013 (Effective immediately) Supreme Court Promulgates Amendments to the Special Rules of Procedure Governing Proceedings Under the Minnesota Commitment and Treatment Act

08-06-2013 (Effective immediately) Supreme Court Promulgates Amendments to the Student Practice Rules

07-24-2013 (Effective immediately) Supreme Court Promulgates Amendments to the Rules Governing Civil Actions, Forms 145.1 and 145.2

06-13-2013 (Effective September 16, 2013) The Supreme Court Amends Order Promulgating Amendments to the Rules of Practice for the District Courts regarding mandatory eFiling and eService.  The effective date has been amended to September 16, 2013.

06/07/2013 (Effective September 1, 2013) Supreme Court Promulgates Amendments to the Rules of Practice for the District Courts regarding Mandatory E-Filing and E-Service

05/08/2013 (Effective July 1, 2013)  Supreme Court Adopts Amendments Authorizing Expedited Civil Litigation Track Pilot Project

03/15/2013 (Effective July 1, 2013) Supreme Court Promulgates Amendments To The Rules Of Continuing Legal Education and Rules on Lawyer Registration Creating An Emeritus Lawyer Program

03/04/2013 (Effective May 1, 2013) Supreme Court Promulgates Amendments to the Student Practice Rules

02/12/2013 (Effective July 1,2013) Supreme Court Promulgates Corrective Amendments to the Rules of Civil Procedure and General Rules of Practice Relating to the Civil Justice Reform Task Force.

02/04/2013 (Effective July 1, 2013) Supreme Court Adopts Amendments to the Rules of Civil Procedure and General Rules of Practice Relating to the Civil Justice Reform Task Force.

01/17/2013 (Effective February 1, 2013) Supreme Court Promulgates Amendments to the Rules for Admission to the Bar Regarding Uniform Bar Examination and Rule 4B

01/17/2013 (Effective February 1, 2013) Supreme Court Promulgates Amendments to the Rules for Admission to the Bar Regarding House Counsel Pro Bono

01/17/2013 (Effective February 1, 2013) Supreme Court Promulgates Amendments to the Rules of Criminal Procedure Amending Rule 23.05

10/15/2012 (Effective December 1, 2012) Supreme Court Promulgates Amendments to the Rules of Juvenile Delinquency Procedure Authorizing ECourtMN Pilot Project

 

Vehicular Black Box Is Admissible Evidence To Prove Speed.

11 Wednesday Jun 2014

Posted by in Admissibility, Authentication, Evidence, Forensic Evidence, Litigation, Motor Vehicle, Trial Tips and Techniques

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Vehicular Black Box: Superior Court of Pennsylvania Finds Event Data Recorder Evidence Admissible to Prove Speed, by Evidence ProfBlogger, edited by Colin Miller, EvidenceProf Blog

http://tinyurl.com/n6p96kp

Until reading this article from the Pittsburgh Post-Gazette, I wasn’t aware that a vehicle has an ‘event data recorder’ akin to an airplane’s ‘black box.’  And now, according to the Superior Court of Pennsylvania in Commonwealth v. Safka, such evidence is admissible to determine a car’s speed at the time of an accident. . . .

How Essential Are Graphics To The Judge And Jury In A Patent Trial?

11 Wednesday Jun 2014

Posted by in Intellectual Property, Patent Law

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The Need for Graphics in a Patent Trial, and Other Insights from Judges, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/nwxwmw5

Good graphics are critical for understanding patent cases. I mean real graphics, pictures, not just words on a PowerPoint. Seeing an illustration or an animation in a trial or a mediation is key to understanding the technology in a patent. − Hon. James Ware

After deliberations have finished, I’ve seen that the pictures were important to jurors because the whiteboards in the jury room often have the jurors’ reproductions of the pictures and diagrams that the attorneys used during trial. The juries are not writing out the long claims of the patents. Instead, they discuss the case in abstractions using those pictures from trial. − Hon. Paul Grewal

These judicial observations on graphics in patent trials came from a judges’ panel at last weekend’s Annual Meeting of the San Francisco Intellectual Property Law Association (SFIPLA) in Healdsburg, California. As usual, the annual meeting provided wonderful opportunities to learn about recent developments in intellectual property law and to network and relax with leading IP attorneys and judges. . . .

Paralegal and Legal Assistant Resources.

11 Wednesday Jun 2014

Posted by in Education, Paralegals/Legal Assistants, Professional Organizations

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Paralegals and Legal Assistants, HG Legal Sources

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

Resources on paralegal education, definitions, and paralegal associations (both USA and worldwide). -CCE