North Carolina’s “Woman’s Right to Know Act” Unconstitutional Under First Amendment.

19 Sunday Jan 2014

Posted by in First Amendment

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Federal District Judge Invalidates North Carolina Abortion Provision on First Amendment Grounds, by Ruthann Robson, City University of New York, Constitutional Law Prof Blog

http://tinyurl.com/jvu9scb

In her opinion in Stuart v. Loomis, United States District Judge Catherine Eagles held the ‘speech and display’ provisions of North Carolina’s ‘The Woman’s Right to Know Act’ unconstitutional under the First Amendment. . . .

Will Using Electronic Health Records Affect Your Privacy?

19 Sunday Jan 2014

Posted by in Electronic Records, Health Law, HIPAA, Privacy

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Privacy, Security, And Electronic Health Records, U.S. Department of Health & Human Services Office for Civil Rights

http://tinyurl.com/kd7plbb

For more information, go to http://www.hhs.gov/ocr/privacy/.

Your health care provider may be moving from paper records to electronic health records (EHRs) or may be using EHRs already. EHRs allow providers to use information more effectively to improve the quality and efficiency of your care, but EHRs will not change the privacy protections or security safeguards that apply to your health information.

LinkedIn’s Lawsuit Alerts Users To Be Pickier Accepting Invitations.

18 Saturday Jan 2014

Posted by in Computer Fraud and Abuse Act, Digital Millenium Copyright Act

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Linkedin Sues To Stop Bots That Are Stealing Its User Profiles, by Jeff John Roberts, Gigaom

http://tinyurl.com/kqrmr9h

LinkedIn has filed a lawsuit to stop competitors that are scraping its servers and gathering hundreds of thousands of LinkedIn’s users’ profiles. The competitors use bots that use the information stolen from LinkedIn to create false profiles that attempt to interact with LinkedIn’s users. LinkedIn’s Complaint is included in Mr. Roberts’ post. -CCE

[I]t’s not immediately clear if LinkedIn has a clear-cut legal case since it is not necessarily illegal to copy information from a website. In its complaint, the company is relying on its own terms of services that forbid scraping as well as the Computer Fraud and Abuse Act and the Digital Millenium Copyright Act.

In the meantime, LinkedIn users may wish to be wary about which invitations to connect they accept.

PDF Hyperlinks & E-Briefs Requirement by Some Courts.

18 Saturday Jan 2014

Posted by in Brief Writing, Citations, E-Briefs, E-Briefs, Legal Writing, PDF Hyperlinks, Quotations, Tennessee Supreme Court, United States Supreme Court

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PDF Hyperlinks & E-Briefs: Overview Of How Lawyers Can Use And Create Them, By Ernie Svenson, PDF for Lawyers

http://pdfforlawyers.com/pdf-hyperlinks-ebriefs/

To emphasize the point, here is a brief compilation of Courts that use or require .pdf hyperlinks. Please note that this is not a complete list. If you know of other courts that require or allow .pdf hyperlinks in briefs, please forward that information to me, and I will post it. As a general caveat, always check your Court’s rules when preparing any brief to be filed with the Court, and follow them concisely.

Also, please note that the U.S. Supreme Court uses hyperlinks to citations in its opinions. But, it has encountered something called “link rot,” which causes hyperlinks to deteriorate with time. That issue has been discussed in here at:  https://researchingparalegal.com/2013/10/22/a-plan-to-stop-link-rot-forever-perma-cc/. You can easily subscribe to Perma.cc. The only problem I have encountered that it is still in beta stage and is not 100% reliable. If you encounter problems, the people who do the trouble-shooting respond quickly.-CCE

Electric Filing Order, Supreme Court of Texas: http://www.supreme.courts.state.tx.us/ebriefs/ebriefs.asp

New Hampshire Judicial Branch: http://www.courts.state.nh.us/supreme/ebriefs/ 

Electronic Briefs in Trial and Appellate Courts, Jurist: http://jurist.law.pitt.edu/courttech3.htm

California Courts – Electronic Filing/Submissions: http://www.courts.ca.gov/8872.htm

State of Connecticut Judicial Branch – E-Citation Procedures and Technical Standards: https://eservices.jud.ct.gov/Login.aspx?ReturnUrl=%2fdefault.aspx

 

Craig Ball Shows Why ESI Form Should Follow Function.

16 Thursday Jan 2014

Posted by in Discovery, E-Discovery, Emails, Legal Technology, Microsoft Office, Outlook

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Forms that Function, by Craig Ball, Ball In Your Court

http://tinyurl.com/kgokpmd

The criterion, “Will the form produced function in an e-mail client?” enables parties to explore a broad range of functional native and near-native forms, not just PSTs.  It an objective “acid test” to determine if e-mail will be produced in a reasonably usable form; that is, a form not too far degraded from the way the data is used by the parties and witnesses in the ordinary course.

U.S. Probation Office Now Has LENS (Law Enforcement Notification System).

16 Thursday Jan 2014

Posted by in Criminal Law, Law Enforcement

≈ 1 Comment

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With LENS, Offender Data Quickly Reaches Officers on Beat, posted by The Third Branch News, United States Courts

http://news.uscourts.gov/lens-offender-data-quickly-reaches-officers-beat

A police officer on a DUI stop, logs into the online Law Enforcement Notification System (LENS) and finds that not only is the driver under federal supervision for a prior drug offense, but the conditions of release stipulate no alcohol use.

By statute, following release of a prisoner convicted of a drug trafficking crime, crime of violence, or sex offense, the U.S. Probation Office must notify the chief law enforcement officer of the state and of the local jurisdiction when an offender moves into their jurisdiction. All 94 probation offices nationwide are now using LENS to make these notifications easier and more efficiently. And because LENS notifies local law enforcement at the beginning of supervision, it also promotes greater public safety.

Craig Ball Revisits Gigabytes.

15 Wednesday Jan 2014

Posted by in Computer Forensics, Databases, Discovery, E-Discovery, Excel, Legal Technology, Microsoft Office, Word

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Revisiting ‘How Many Documents in a Gigabyte?’, by Craig Ball, Ball In Your Court Blog

http://tinyurl.com/npc3jn3

[I]’m happy to point you to some notable work by my friend, John Tredennick. I’ve known John since the emerging technology was fire and watched with awe and admiration as John transitioned from old-school trial lawyer to visionary forensic technology entrepreneur running e-discovery service provider, Catalyst. John is as close to a Renaissance man as anyone I know in e-discovery, and when John speaks, I listen.

Lately, John Tredennick shared some revealing metrics on the Catalyst blog looking at the relationship between data and document volumes, an update to his 2011 article called, How Many Documents in a Gigabyte?

Lawyers Flocking to West Virginia Chemical Spill Already Talking About Punitive Damages.

15 Wednesday Jan 2014

Posted by in Environment Law, Environmental Protection Agency, Punitive Damages

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Lawyers Aim Bigger Than Freedom Industries in West Virginia Chemical Spill, by Paul M. Barrett, Bloomberg Businessweek

http://tinyurl.com/lcugp8s

In a neo-Tuscan villa in an office park near the Charleston, W. Va., airport, seven West Virginia plaintiffs’ lawyers gathered on Jan. 13 for a council of war. Chemical contamination that four days earlier had cut off tap water to 300,000 West Virginians was making its way west into Ohio. Local authorities were saying that Freedom Industries, the source of the 7,500 gallons of rogue coal-processing chemical, may not have acted swiftly to warn about the seepage. And the federal prosecutor in town sounded dead serious about a criminal investigation.

No surprise, then, that the atmosphere in the elegant conference room of Hill, Peterson, Carper, Bee & Deitzler, while businesslike, had an undertone of bellicose joy. ‘We’re looking at punitive damages, ‘piercing the corporate veil’ at Freedom Industries, and holding the water company and the chemical manufacturer liable, too,’ said James Peterson, the strategy session’s host. Dressed in a black sweatsuit and tan baseball cap, he acknowledged that he hadn’t showered in five days. Then he smiled and said: ‘Neither have a lot of other people around here, and they’re pissed.’

Moral Outrage and Jury Persuasion.

15 Wednesday Jan 2014

Posted by in Closing Argument, Jury Persuasion, Trial Tips and Techniques

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Simple Jury Persuasion: Anger + Disgust = Moral Outrage, by Douglas Keene, The Jury Room

 http://tinyurl.com/mmuh8fq

[N]ew research shines a light on why moral outrage reactions occur and (just maybe) how one might try to elicit them (if one were wanting to do that sort of thing).

Federal Court Rules Oklahoma Same Sex Marriage is Constitutional.

14 Tuesday Jan 2014

Posted by in Constitution, Fourteenth Amendment Equal Protection

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Federal Judge: Oklahoma Ban On Same-Sex Marriage Unconstitutional, by Greg Botelho, CNN

 http://www.cnn.com/2014/01/14/justice/oklahoma-gay-marriage/

Oklahoma’s Governor, Mary Fallin, expressed her disappointment with the federal court’s ruling even though the Court’s decision was not a complete victory for same sex couples. -CCE

 A federal judge ruled Tuesday that an Oklahoma law limiting marriage to heterosexual couples violates the U.S. Constitution, giving yet another victory to same-sex marriage supporters.

U.S. District Court Judge Terence Kern said the court would not immediately enforce this ruling — therefore not opening the doors right away to marriages of gay and lesbian couples in Oklahoma — pending appeals. Still, he delivered a clear opinion on how the voter-approved Oklahoma state constitutional amendment relates to the U.S. Constitution.

‘The Court holds that Oklahoma’s constitutional amendment limiting marriage to opposite-sex couples violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution,’ the judge wrote, saying that protection ‘is at the very heart of our legal system.’

D.C. Circuit Court of Appeals Rules That FCC Regulations Are Outside the Agency’s Authority.

14 Tuesday Jan 2014

Posted by in Appellate Law, District of Columbia Circuit Court of Appeals, FCC, Government, Internet

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Not Hyperbole: The Internet Won’t Be The Same Without Net Neutrality, by Brian Focht, The Cyber Advocate

http://tinyurl.com/lwlyubo

Today, the D.C. Circuit Court of Appeals ruled that key provisions of regulations promulgated by the FCC, referred to as the ‘Open Internet Rules’ (or ‘Net Neutrality’ to most), were outside the agency’s authority. Specifically, the court held that rules requiring broadband internet service providers to treat all internet traffic equally were beyond the FCC’s powers, because broadband providers are not considered ‘common carriers.’

Dave Roberts’ Last Article with Rex Travis – Oklahoma’s New Administrative Workers’ Compensation System.

14 Tuesday Jan 2014

Posted by in Employment Law, Workers' Compensation

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The New Administrative Workers’ Compensation System, by Dave Roberts, posted by Rex Travis, Travis Law Office

http://tinyurl.com/kx55ywl

Mr. Travis and his friend, David Roberts, were working on this article when Mr. Roberts passed away. The article appears after the excerpt of Mr. Roberts’ obituary, which is quoted here:

About the author: At the time of his death, Dave had tried over 100 civil cases in 21 various Oklahoma State District Courts. He also tried over 25 civil cases in various Federal District Courts, and tried thousands of cases at the Oklahoma Workers’ Compensation Court. Dave was past chairman of the Ethics Committee of the Oklahoma Bar Association and also served as Chairman of the Oklahoma Board of Bar Examiners. Dave authored several articles for the Oklahoma Bar Journal and the American Bar Association Journal. At the time of his death, he was one of only nine life-sustaining members of Scribes, the pre-eminent National Legal Writers’ Society. Excerpted from Dave Roberts’ obituary.

How To Protect Yourself Against Identity Theft.

13 Monday Jan 2014

Posted by in Fraud, Identity Theft

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Tax Identity Theft Awareness Week, Consumer Information, Federal Trade Commission

http://tinyurl.com/o4wt6c9

As more news about the personal information stolen from Target, identity theft is a valid concern. -CCE

Tax identity theft happens when someone uses your Social Security number to get a tax refund or a job. Find out what you can do about it, and how you can help others during Tax Identity Theft Awareness Week.

Phony Court Cases Carry Computer Virus.

13 Monday Jan 2014

Posted by in Computer Virus, Research

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Public Alert: Scam Emails About Phony Court Cases Carry Computer Virus, The Third Branch News

http://tinyurl.com/o9pvqp8

The federal judiciary has learned of an email scam, in which emails purporting to come from federal and state courts are infecting recipients with computer viruses.

 

South Carolina’s Shocking History of Neglect and Abuse In Its Prison System.

12 Sunday Jan 2014

Posted by in Criminal Law, Department of Corrections, Justice Reform

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When Good People Do Nothing: The Appalling Story of South Carolina’s Prisons, by Andrew Cohen, The Atlantic (with hat tip to Terri LeClercq!)

http://tinyurl.com/nucntkb

‘[W]hen good people do nothing’ is a timeless moral question, indeed.

One could say the same thing about the citizens of the state of South Carolina, who stand condemned today by one of their own. On Wednesday, in one of the most wrenching opinions you will ever read, a state judge in Columbia ruled that South Carolina prison officials were culpable of pervasive, systemic, unremitting violations of the state’s constitution by abusing and neglecting mentally ill inmates. The judge, Michael Baxley, a decorated former legislator, called it the “most troubling” case he ever had seen and I cannot disagree. Read the ruling. It’s heartbreaking.

Former Texas “Texting” Judge Now Running for District Attorney.

12 Sunday Jan 2014

Posted by in Judges, Legal Ethics

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Former Judge Who Was Caught Texting Instructions To Prosecutors Now Running For District Attorney Post, by Tim Cushing, techdirt Blog

http://tinyurl.com/prtyo82

Her resignation from the bench was effective December 6. The press release announcing her campaign to run for district attorney of Polk County came out two days later. This should be interesting. Let’s see what happens. -CCE

Former Texas Judge Elizabeth Coker resigned from the bench on December 6, 2013. She announced that she was running for District Attorney on December 8, 2013.

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Judges are supposed to be impartial arbiters of justice. However, former Texas judge Elizabeth Coker felt the prosecution needed a helping hand now and then to ensure “justice” was done and provided hints via text messages to district attorneys. Once evidence of her ex parte communications became public knowledge after an investigation, Coker resigned — or as she put it, ‘took one for the team.’

 

Supreme Court to Hear Landmark Case On President’s Authority.

12 Sunday Jan 2014

Posted by in Appellate Law, United States Supreme Court

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Obama’s Recess Appointments: Supreme Court To Hear Landmark Case, by Warren Richey, Christian Science Monitor

http://tinyurl.com/k2lb5cd

Who has the authority to decide when the Senate is officially in session, the president or senators themselves? The Supreme Court Monday will hear a case focusing on President Obama’s recess appointments.

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The case arises at a time of extreme partisan differences in Congress that have made it increasingly difficult for President Obama to fill vacant posts in his administration. Obstructionist tactics by Republicans are not new. The same tactics were used by Democrats – including then-Senator Obama – to block or delay appointments by President Bush.

But President Bush never sought to make recess appointments during pro forma Senate sessions. That action by President Obama marks a new level of executive defiance of the Senate.

Rules for Clip Art – When and How You Can Use It And When You Can’t.

12 Sunday Jan 2014

Posted by in Law Office Management, Legal Blogs

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Clip Art – When It‘s Illegal, by Jared Page, Top Ten Reviews

http://tinyurl.com/oda6f4c

It’s a dilemma that small business owners face daily. Where do you find quality clip art images licensed for business use? How can you tell if an image is legal to use in a given situation? Which laws apply to which clip art images?

If You Have Ever Had Writer’s Block Or Procrastinated Over a Writing Deadline, This Article Is For You!

12 Sunday Jan 2014

Posted by in Legal Writing

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Overcoming Writer’s Block And Procrastination For Attorneys, Law Students, And Law Professors, by David A. Rasch and Meegan Rasch,, New Mexico Law Review, 43 N.M. L. Rev. 193 (Spring 1993) (with hat tip to William P. Statsky!)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2272868

As Bill Statsky, a long-time writing mentor, reminded me: “Writing is easy. All you do is stare at a blank sheet of paper until drops of blood form on your forehead.” Gene Fowler, in The Writer’s Quotation Book 41 (James Charlton ed., 1985).

We have all faced this at one time or another. Let’s be honest – it happens. The fear of a blank page is a powerful thing, even for the best of writers.

This article is for anyone who has ever faced a writing deadline, and waited until the last minute to start. It is for those folks who sat down to write, and could not think of anything to say. I know you are out there. I have been there too. If any of this sounds familiar, this article is for you! -CCE

Target Update: Affected Customers Now 110 Million and May Still Go Up.

11 Saturday Jan 2014

Posted by in Consumer Law

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Target: Hacking Hit Up To 110 Million Customers, by Katrina Lamansky, WQAD.com

http://tinyurl.com/pssy2r5

People who shopped at Target following Thanksgiving have already heard that their personal information was hacked. But now it is clear that Target was actually hacked much earlier than originally reported.

This morning, the reported number of customers affected was around 40 million. Now the reported number is 100 million, and Target is not sure how high the number will go.

Target will try to contact all affected customers. Be cautious. Contacts from Target will not request any personal information. Target is also offering a program of free credit monitoring and identity theft protection. You will have three months to enroll in that program.

Target says that it does not think the thieves can access anyone’s bank account, but hacked customers are at risk for identity theft. -CCE

2014 Employment Law Predictions.

11 Saturday Jan 2014

Posted by in Affirmative Action, Bullying, Criminal History, Employment Law, Gender Discrimination, Health Care Benefits, Health Reform, Internships, Medical Marijuana, Minimum Wage, Pregnancy Discrimination

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Donna’s Employment Law Predictions for 2014, by Donna Ballman, Screw You Guys, I’m Going Home Blog

http://tinyurl.com/mqokell

Minimum wage, legalized marijuana, health care, internships, background checks, pregnancy discrimination, and more. -CCE

The Importance of a Jury’s First Impression.

11 Saturday Jan 2014

Posted by in Trial Tips and Techniques, Witness Preparation

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The Power Of First Impressions, by Douglas Keene, The Jury Room

http://keenetrial.com/blog/2011/04/18/the-power-of-first-impressions/

[W]e’ve written about many aspects of witness preparation before and have come to the belief that people come to firm conclusions about most witnesses very quickly. Now, as is so often handy, we have new research that shows us (again) why first impressions of witnesses are so very important.

Nevada Supreme Court Amends Deposition Rules.

11 Saturday Jan 2014

Posted by in Court Rules, Depositions, Discovery, Nevada Supreme Court

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Supreme Court Amends NRCP 30 & 34, by Michael P. Lowery, Compelling Discovery

http://www.compellingdiscovery.com/?p=2492

On December 19, 2013 the Supreme Court of Nevada issued an order amending NRCP 30 and 34. These amendments take effect March 1, 2014. This order in ADKT 0487 partially disposes of a multitude of proposed changes to Nevada’s discovery rules. ADKT 0487 remains open, meaning other changes are still possible in the future.

Employee Sentenced for Stealing Trade Secrets From Employer’s Computer.

11 Saturday Jan 2014

Posted by in Employment Law

≈ 1 Comment

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Former Employee Sentenced to Prison for Trade Secret Misappropriation and Computer Fraud Related Misconduct, by Jason Shinn, Michigan Employment Law Advisor

http://tinyurl.com/nsnxbcj

One of the more noteworthy employer/employee trade-secret misappropriation and Computer Fraud and Abuse Act  (CFAA) cases came to an end earlier this week. Specifically, Mr. David Nosal was sentenced on January 8, 2014 to one year and one day in prison. He was convicted for misappropriating his former employer’s trade secrets and improperly accessing the employer’s computer network.

Reinstatement of Suspended Attorneys With Unique Conditions.

11 Saturday Jan 2014

Posted by in Attorney Discipline, Kansas Supreme Court, Legal Ethics

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Reinstated With Conditions, by Mike Frisch, Legal Profession Blog

http://tinyurl.com/kb7g6ea

The Kansas Supreme Court has reinstated two suspended attorney, with unique and unusual conditions imposed on each. Of the two attorneys reinstated by the Kansas Supreme Court, one is still on federal criminal probation. The other attorney is limited to representing only criminal defendants. -CCE