Apple Loses Billions In Damages To Samsung In 2nd Patent-Infringement Lawsuit.

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Jury Finds Samsung Infringed Some Apple Patents, Must Pay $120M In Damages, by Martyn Williams, PC World News

http://bit.ly/1kDlj2L

Apple was dealt a blow in its second major patent-infringement lawsuit against Samsung when a Silicon Valley jury awarded the iPhone maker damages of just US$119.65 million for Samsung’s infringement of several of its smartphone patents.

Apple had requested $2.2 billion in damages.

The decision by the eight-person jury came at the end of the third full day of deliberations. . . .

Microsoft Office for iPad

I’ll be interested to see how well the apps work, and whether it lives up to its promises. -CCE

Litig8rTech's avatarLITIG8R TECH


If you have been waiting for Microsoft to deliver Word, Excel and PowerPoint to iPad, your wait finally came to an end about a month ago.

From the developer:

View original post 127 more words

Basics of Legal Research – And More.

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Basics of Legal Research, Cornell University Law Library

http://www.lawschool.cornell.edu/library/whatwedo/researchguides/basics.cfm

If you are not familiar with the Cornell Law Library and the Cornell Legal Information Institute, you are missing a fantastic, free legal research honey pot.  This link will take you to Cornell’s basic legal research guide. If you know nothing about legal research, this is a great introduction. If your legal research is rusty, this is an excellent refresher.

But we are just getting started. The Legal Information Institute (LLI) (http://www.law.cornell.edu/) is one of the top online law libraries – and it’s free. Even though it’s free, I encourage you to make a donation. To understand why, please go to http://www.law.cornell.edu/lii/about-lii. There is no question that you definitely get a big bang for your buck. -CCE

Trailer Park Duck Is Repeat Offender With Dangerous Propensities.

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Lawsuit Alleges Duck Attack, by Kevin Underhill, Lowering The Bar Blog

http://www.loweringthebar.net/2014/04/duck-attack.html

KATU in Portland reports that a woman who says she was attacked by a duck at a trailer park has sued the duck’s owner.

Plaintiff alleges in part that said duck was a repeat offender.

According to the complaint (which KATU was kind enough to post), Cynthia Ruddell alleges that she was just stepping out of her motor home ‘on or about May 7, 2012,’ when she was suddenly attacked by a local duck. . . .

Big Banks, Big Business, And The DOJ.

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Big Banks, Business and Butter: Highlights From Our Q&A on Corporate Impunity, by Blair Hickman, ProPublica

http://bit.ly/1fCRh1R

Reporter Jesse Eisinger offers his thoughts on the lack of white-collar prosecutions, journalism and the Green Bay Packers.

*     *     *

I don’t think enough attention has been paid to the fact that the white collar laws are inadequate, so there haven’t been many proposed remedies. One thing the DoJ should use is the ‘willful blindness’ or ‘conscious disregard’ charge. As Judge Jed Rakoff wrote recently in the New York Review of Books: Such a charge ‘is a well-established basis on which federal prosecutors have asked juries to infer intent, including in cases involving complexities, such as accounting rules, at least as esoteric as those involved in the events leading up to the financial crisis. And while some federal courts have occasionally expressed qualifications about the use of the willful blindness approach to prove intent, the Supreme Court has consistently approved it.’ . . .

The Strategy of Dissociation – Don’t Go To Trial Without It.

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Dissociate (to Separate Bad Image from Good Image in Litigation), by Dr. Ken Broda-Bahm, Persuasive Litigator Blog

http://bit.ly/1lJsEka

At the start of their game last Sunday, members of the L.A. Clippers ceremonially left their warmup jackets in a heap in center court, and warmed up with their shirts turned inside-out in order to conceal the name and logo of the team. This act came in response to recorded comments by team owner Donald Sterling telling his girlfriend ‘not to bring them [‘black people’] to my games.’ The response by the players was a move of dissociation: a way to say “We are not that,” and to clarify, in no uncertain terms, that the owner’s racism does not represent the team. This need to dissociate – to separate one meaning from another – is common in all communication situations, including those that involve the potential for litigation. Recently, for example, General Motors made the bold move of offering a full and complete apology for its inaction in addressing a long-term problem with its ignition switches, but in subsequent congressional testimony, CEO Mary Barra was careful to draw a distinction between the ‘Old General Motors’ prebankruptcy, and the ‘New General Motors’ that today stands before congress, court, and consumers.

Dissocation plays a role in lower profile cases across the country as well. A range of litigation-relevant situations create a need to communicate that ‘we are not this.’ Like most good persuasive strategies, the notion has its roots in rhetoric, the ancient and modern study of the best available means of influence. But the idea is more than just ivory tower philosophy.  Dissociation also translates into some important practical strategies worth considering by trial attorneys in a number of situations. This post takes a look at the underpinning, as well as the concrete strategies of dissociation. . . .

Cloud App Used By Police and Public To Catch The Bad Guys.

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New Tool Helps Police Crowdsource Evidence, by Tami Abdollah, Associated Press, posted by Forensic Magazine

http://bit.ly/1lJps89

An annual spring party in a Southern California beach town devolved into a riot last month when revelers turned violent, rocking cars, smashing windows and throwing rocks. Dozens were injured and about 50 people ended up in the hospital, including several police officers.

Today, as authorities seek help with the investigation in Isla Vista, they’re employing a new online and mobile app that designers say was created specifically for this type of situation.

‘When the public really wants to catch these bad guys as badly as we do, this is the mechanism,’ said Los Angeles Sheriff’s Cmdr. Scott Edson, who helped conceptualize the system in the aftermath of the Boston Marathon bombings. ‘They can help us by sending us pictures and video.’

The innovation, known as LEEDIR, the Large Emergency Event Digital Information Repository, pairs an app with cloud storage to help police use smartphones as tools to gather evidence. . . .

Mediation and Settlement Presentation and Strategies.

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The Best Strategies to Present Your Case In Mediation, by Derek Ryan, Cogent Legal Blog

http://bit.ly/R9l7zU

Over the last 10 years, there’s been a significant shift in the way mediations are conducted. When I first started in the field, mediation briefs would come in via fax the night before the mediation. The mediator would begin the case with a joint conference where each side would make an opening statement, similar to trial, and after these openings the mediator would often have to spend the rest of the afternoon defusing the tension created by a joint conference.

There are two important aspects of developing presentations for mediation:  (1) Communicate with the mediator before the mediation; and (2) develop a presentation that will inform but not inflame the opposing party. Remember that mediation is voluntary, and the goal is not to make the other side walk out. The goal is to get the case settled in the best way for your client.

In this blog post, I’ll cover several strategies to best present your case at mediation, including dos and don’ts for using graphics and technology to enhance your results. . . .

Breach of Contract Claims Against Allstate by Its Employees.

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New York Times Report on Litigation Challenging an Allstate Waiver Agreement, by Jeremy Telman, Contracts Prof Blog

http://bit.ly/1kwF7GI

According to this article in today’s New York Times, 6,200 Allstate employees, who joined its Neighborhood Agents Program in the 1980s and 1990s, were called into meetings in 1999 at which they were told that they would now proceed as independent contractors, forfeiting health insurance, their retirement accounts or profit-sharing, and terminating the accrual of their pension benefits.   If they wanted to continue to sell Allstate insurance, they had to sign waivers in which they agreed not to sue the insurer.  Thirty-one agents signed but have now sued nonetheless, alleging age discrimination and breach of contract.

They sued thirteen years ago, but the case is still far from over.  They are still seeking class certification.  The Times article indicates that cases such as this one are hard to win, but the judge in this case has already stated that those that signed the waivers were made substantially worse off, that Allstate’s claimed corporate reorganization was actually a disguised staff reduction, and that Allstate’s conduct was ‘self-serving and, from most perspectives, underhanded.’  In addition, Allstate seems to have misrepresented to the agents the consequences of not signing the waiver, having told the agents that they would be barred for life from soliciting business from their former customers.  Allstate has already paid $4.5 million to settle an age-discrimination claim brought by the EEOC on behalf of 90 of the agents.

Fixing the Internet Explorer Bug.

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FIXED – Internet Explorer Bug-Of-The-Day, by Nerino Petro, Compujurist Blog

http://bit.ly/1hUNhbI

Here is a great video and post with steps on how to protect yourself from the IE monster affecting ALL versions of IE  that has been making news this week. Steve Gibson created the initial steps but left out a few things. Terry Cole from Cole Informatics added these and created the video and post. If you’re running Windows XP, you especially need to check this out. See it here.

Seeking Solutions To Reduce Recidivism.

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The Utah Association Of Counties Explores Solutions To Reduce Recidivism, by Will Engelhardt, Policy Analyst, Justice Center, The Council of State Governments

http://tinyurl.com/mhzeblr

In January 2014, the Utah Association of Counties invited national experts to lead a training event on recidivism reduction for its members. Council of State Governments Justice Center (CSG Justice Center) Director Michael Thompson and Jake Horowitz of The Pew Charitable Trusts’ Public Safety Performance Project presented on national research on and trends in recidivism reduction, tracking recidivism rates, and the role of community-based behavioral health care services in reducing recidivism. The daylong event, entitled ‘One and Done: Four Strategies to Reduce Recidivism in Utah’s Prison System,’ brought together more than 60 representatives from Utah’s county and state governments to discuss issues related to recidivism.

The event offered an opportunity for criminal justice policymakers from around the state to connect and share insights about challenges facing counties in Utah.  Policymakers also discussed potential strategies to address these challenges at the state level using the bi-partisan, data-driven justice reinvestment approach, as well as employing a targeted, county-level research-based effort. . . .

Benchslap Open Season on Acronyms.

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Alphabet Attack, by Ross Guberman’s Legal Writing Blog

http://legalwritingpro.com/blog/alphabet-attack/

It wouldn’t be spring in America without some federal judges publicly criticizing attorneys in a genre now known as ‘benchslap.’

The offended court this time: the D.C. Circuit. The court’s target: acronyms in briefs filed in a complex telecom dispute. The benchslap: “’It is ordered . . . that the parties submit new briefs that eliminate uncommon acronyms used in their previously filed final briefs.’ The court even cited its own practice handbook for good measure: ‘[i]n briefs the use of acronyms other that those that are widely known should be avoided.’ . . .

The Art of Cross-Examination.

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Some Thoughts About Cross Examination, by Paul N. Luvera, Plaintiff Trial Lawyer Tips

http://plaintifftriallawyertips.com/some-thoughts-about-cross-examination

London barrister Peter Brown wrote a book some years ago entitled ‘The Art of Questioning.’  In one chapter he wrote: Last summer, a motorcyclist was arrested in Oxford, England, for speeding. The lady prosecutor bore in on the defendant with a curved question:  ‘Mr. Setright, your motorcycle is capable, is it not, of exceeding the 70 mph speed limit? He answered: Certainly it can exceed that limit. But, the possibilities implicit in that physical ability are it relevant to these proceedings. We are not here to consider what I might have been doing, but for the prosecution to prove, if it can, that I was doing what they allege I was doing. Were it otherwise you might just as well be here accused of rape, simply on the grounds that I have the necessary apparatus.’ . . .

More on Link Rot.

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Stopping Link Rot: Aiming to End A Virtual Epidemic, by NPR Staff, All Tech Considered, NPR

http://n.pr/QTrCGp

I have mentioned perma.cc and the problem of link rot before. It is a good solution but not quite perfected. When I have used it here on this blog, it is not always reliable, which is disappointing for something that shows such promise. Hopefully all the kinks will be worked out soon. -CCE

Just about anyone who’s gone online has encountered the message: ‘Error 404’ or page ‘Not Found.’ It’s what you see when a link is broken or dead — when the resource is no longer available.

It happens all across the Internet, on blogs, news websites, even links cited in decisions by the Supreme Court. It’s called link rot, and it spreads over time as more pages die.

These are natural deaths; links die when the server where the page first lived has closed for business, or a filter is blocking access. It’s annoying on sites like Buzzfeed and Gawker, but it’s worse when links go rotten on judicial decisions or works of scholarship.

Jonathan Zittrain, professor of law and computer science at Harvard University, says that’s a serious problem.

‘It’s extraordinarily bad for the long-term maintenance of the information we need, say, to understand the law,’ says Zittrain, who helped create Perma.cc, a service to help judges, authors and scholars preserve links indefinitely. . . .

Worst Passwords in 2013.

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 The 25 Worst Passwords Of 2013: ‘Password’ Gets Dethroned, by Jared Newman, PC World

http://bit.ly/1ePbr3c

‘123456’ is finally getting some time in the spotlight as the world’s worst password, after spending years in the shadow of ‘password.’

Security firm Splashdata, which every year compiles a list of the most common stolen passwords, found that ‘123456’ moved into the number one slot in 2013. Previously, ‘password’ had dominated the rankings.

The change in leadership is largely thanks to Adobe, whose major security breach in October affected upwards of 48 million users. A list of passwords from the Adobe breach had ‘123456’ on top, followed by ‘123456789’ and ‘password.’ The magnitude of the breach had a major impact on Splashdata’s results, explaining why ‘photoshop’ and ‘adobe123’ worked their way onto this year’s list.

Fans of ‘password’ could reasonably petition for an asterisk, however, given that the stolen Adobe passwords included close to 100 million test accounts and inactive accounts. Counting those passwords on the list is kind of like setting a home run record during batting practice. Don’t be surprised if “password” regains the throne in 2014. . . .

Obama’s New Clemency Initiative.

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Three Things Obama’s New Clemency Initiative Doesn’t Do, by Kara Brandeisky, ProPublica

http://tinyurl.com/lury8bw

Today [April 23, 2014], the Department of Justice outlined expanded criteria that could allow prisoners convicted of non-violent crimes to win early release from prison. Under the new initiative, the Office of the Pardon Attorney will fast-track commutation applications from inmates who have served more than 10 years for non-violent offenses and who were well-behaved while imprisoned.

As part of the shift, the department is replacing Pardon Attorney Ronald Rodgers. Two years ago, we reported that Rodgers had failed to provide critical information to the White House in urging denial of a commutation for Clarence Aaron, a model prisoner who served nearly 20 years for a small role in a drug deal. . . .

Making Sense When Writing For Non-Lawyers – It’s Not That Hard.

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Why Are The Lawyers Pestering Us? Communicating About Law And Compliance, by Mark Herrmann, Above The Law Blog (with hat tip to Raymond Ward, the [new] legal writer blog)

http://tinyurl.com/mu8vg7g

At a law firm, law matters. Law is the center of the institution’s universe, and it’s all everyone is thinking about.

It’s the other functions that don’t matter: ‘Another email from IT? Telling me about interfaces and gigabytes? Why don’t those clowns leave me alone?’

‘Another email from finance hectoring me about time sheets? Don’t those morons know I’m busy?’

At corporations, law (and compliance) is an ‘other function.’ The businesses are concentrating on their businesses, and law and compliance — along with human resources, information technology, and finance — are, at best, a means to an end. If you mirror the other ‘shared services’ and send incomprehensible communications to the businesses, the businesses will soon realize that you’re just one of the pests, meant to be ignored.

Inevitably, if a business person accidentally steps over some legal line, you’ll hear that the business guy had no clue that the line existed: ‘Yeah, yeah. Now that you’re telling me about it, I understand that we have that rule. But how was I to know? The rule is buried on the fourth page of some impenetrable policy hidden somewhere in our computer system. I spend my time selling; I can’t waste time trying to make sense of your legalese.’

If you don’t sympathize with that guy, then you’ve been a lawyer for too long. His criticism is not just an excuse for having violated the rules; his criticism may well be the truth. How can you change that reality? . . . .

New Standard for Proving Sexual Harassment.

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Two New Cases Demonstrate High Bar For Proving Sexual Harassment, by Parker Poe Adams & Bernstein LLP, Lexology®, in cooperation with Association of Corporate Counsel

http://tinyurl.com/luwkehs

Not all sex-related behavior in the workplace gives rise to an actionable claim for sexual harassment. In order to violate Title VII, the actions complained of must be unwelcomed, and must create a hostile and offensive working environment based on the victim’s gender. Two new federal appellate cases show how alleged workplace behavior can be obnoxious and unwelcomed, and yet still fail to reach this threshold. . . .

South Carolina Supreme Court Gives Thumbs’ Up to LegalZoom.

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LegalZoom Gets Nod From South Carolina Supreme Court, posted by Greg Lambert, Three Geeks and a Law Blog

http://www.geeklawblog.com/2014/04/legalzoom-gets-nod-from-south-carolina.html

The term ‘Access to Justice’ (A2J) is tossed around a lot in the legal world, but as the old saying goes, talk is cheap. It is common for state bar associations to step up and use another phrase to shoot down A2J projects or non-lawyers’ attempt to fill a gap in the legal process that is underserved. In most cases, it is seen as a ploy to protect the Bar Association’s members . . . at the expense of those needing help with a complicated legal system. One of the most contentious issues is on basic legal forms. Companies like LegalZoom have stepped in to create forms for the individual citizen, and have found many states are very reluctant in approving of their products and services. . . .

What The Nokia-Microsoft Union Means For You.

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With This Phone, I Thee Wed, How the Nokia-Microsoft Union Changes Everything, by Brad Chacos, PC World

http://tinyurl.com/msqgfnw

There’s no getting cold feet now. On Friday, Microsoft’s acquisition of Nokia’s device business  will be official, after months of delays and regulatory hurdles. The remnants of Nokia will get a whopping $7.2 billion. In return, Microsoft will get 25,000 new employees, a legion of Lumias, and oh yeah, those funky Android-based Nokia X phones.

So what?

Sure, Microsoft and Nokia each stand to gain (or lose) billions from the deal. But why does that matter to you? What should you and I hope to see from the Microkia conglomerate, in terms of Windows Phones and devices that we can actually touch and hold and feel? I’m glad you asked. . . . .

Powerful PowerPoint Courtroom Presentations.

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Adding Power to Courtroom Presentations, posted by Elliott Wilcox, TrialTheater Blog

http://tinyurl.com/lddsa49

I ran across this blog today, and I like what I see. PowerPoint is a powerful tool. Like you, I have seen far too many poor presentations.

A good power PointPresentation is an art. It doesn’t just happen. If you have never bothered to find out whether there are guidelines or rules for a good PowerPoint presentation, then you may be guilty, regardless of how witty, entertaining, or persuasive you think you are.

Take some time to read all you can about what makes a good presentation. Do not read your slides. Instead, let them compliment what you say or let them be the “punchline” to your idea. Pay attention to font size. Resist the temptation to fade in, face out, and use dancing graphics that scamper across the screen in every slide.

This post from TrialTheater will tell you how.  Please also note that there are additional posts listed at the end that are also interesting. This is a blog I plan to watch more closely. –CCE

The lights dim, and the first slide appears. You think to yourself, “Oh no, another boring PowerPoint presentation.” The first line of text soars in from the left, each character twirling and dancing across the screen. You count eleven bullet points on the first screen (the shortest of which is sixteen words long). The second slide is even more confusing. The third is a picture of his kids. Fortunately, the room is dark, so no one notices as you start to fall asleep…

Why are most PowerPoint presentations so dreadful? When was the last time you saw a presentation that was actually enhanced by PowerPoint? The reason PowerPoint decimates the effectiveness of most presentations is because the presenters don’t understand how or why to use it. But, when you need to illustrate a point in the courtroom, PowerPoint can be a tremendous addition to your trial skills toolbox. This article will give you tips for improving your presentations, both inside and outside the courtroom. . . . .

Marijuana Legalization Webinar Slides.

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Webinar Slides: Marijuana Legalization – The Legal Ins and Outs, by Tim Baran, Legal Productivity Blog

http://tinyurl.com/l2d3qyx

Here’s the slide deck from today’s terrific webinar: Marijuana Legalization – The Legal Ins and Outs for Cannabis Business Clients with Marijuana Industry Attorney of the Year, Hilary Bricken.

Find out what attorneys and their marijuana business clients need to know. Topics include: general licensing process with various state agencies, local law implementation and litigation, medical versus recreational marijuana, trademark registration and protection, taxation, real estate transactions, and banking issues. . . . .

Is Double Hearsay in 911 Call Admissible Evidence?

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Rescue 911: Court of Appeals of South Carolina Grapples With Double Hearsay Issue, by Colin Miller, EvidenceProf Blog

http://tinyurl.com/le3j6kf

Similar to its federal counterpart, South Carolina Rule of Evidence 805 provides that

Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in these rules.

So, assume that a daughter reports to her mother that she was sexually assaulted and that the mother then calls 911 and relays what her daughter told her. Should the 911 call be admitted? According to the Court of Appeals of South Carolina in State v. Hendricks, 2014 WL 1614844 (S.C.App. 2014), the answer is ‘no.’ . . . .

Today’s U.S. Supreme Court Opinion on Affirmative Action.

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Evening Round-Up: Schuette v. Coalition to Defend Affirmative Action, by Kali Borkoski, SCOTUSblog

http://tinyurl.com/m8nung8

I have not yet read the entire opinion, as well as all of the separate opinions. This post provides links to many others that have already analyzed this decision and who wrote what. -CCE

This morning, a divided Court upheld an amendment to the Michigan constitution that prohibits the use of affirmative action by public universities in admissions.  Justice Kennedy announced the judgment of the Court in an opinion that was joined by the Chief Justice and Justice Alito.  Justice Scalia filed an opinion, concurring in the judgment only, that was joined by Justice Thomas, while Justice Breyer filed his own opinion concurring in the judgment. Justice Sotomayor filed a dissenting opinion (joined by Justice Ginsburg) and summarized her dissent from the bench. . . .

Journalist’s Guide to Federal Courts.

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A Journalist’s Guide to the Federal Courts, Administrative Office of the 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.

Download full report (pdf)