Authenticating Electronic Evidence Not Always As Straightforward As It Seems.

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You’ve Got Mail: Court of Appeals of Texas Finds Alleged E-Mail From Victim’s Mother Improperly Authenticated, by Colin Miller, EvidenceProf Blog

http://tinyurl.com/q8avp97

There are many ways to authenticate electronic evidence. But this, says the Texas Court of Appeals, is not one of them. -CCE

Framing Your Legal Arguments To Persuade.

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Frame It As “Freedom with Consequences,” by Dr. Ken Broda-Bahm, Persuasive Litigator

http://tinyurl.com/mvb6qjy

Ducks and Vikings have been prominent recently on the free expression front of the culture wars. The ‘Duck’ would be Duck Dynasty’s reality star Phil Robertson, who’s recent comments on homosexuality and race caused his network, A & E, to briefly suspend him from the show. The ‘Viking’ would be former Minnesota Vikings punter Chris Kluwe, who was released by the team after controversy following an editorial he wrote in favor of marriage equality. While Kluwe lost his job and Robertson kept his, the similarity in the cases is that both were framed in the public sphere as a question of free expression. But it is less the question of whether Robertson and Kluwe have free speech, but whether they have freedom from the employment consequences of that speech.

iPhone J.D. Blog’s Latest Apps, Tips, and Tricks.

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In The News, by Jeff Richardson, iPhone J.D. Blog

http://tinyurl.com/kju6x45

As always, Jeff Richardson delivers! Here is his latest post with a collection of “must have” apps, iOS tips and tricks, a review of iPad Air, and more. -CCE

Drug Regulation Expert Awarded Almost $4 Million As Whistleblower Under False Claims Act.

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Leawood Expert On Drug Regulation Wins $4 Million Whistleblower Award, by Greg Hack, The Kansas City Star

http://tinyurl.com/kcq88wa

CareFusion will pay $40.1 million in final settlement with the Department of Justice under the False Claims Act whistleblower law. Cynthia Kirk, an expert on drug regulation, will receive almost $4 million in reward as the whistleblower. -CCE

Judges and Political Campaign Contributions in Pennsylvania.

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Campaign Contributions and Judicial Recusal in Pennsylvania, by James M. Beck, Drug and Device Law (with hat tip to Daniel Cummins, TORT TALK)

http://tinyurl.com/kpoy6w8

Have you ever been hammered in court, and then learn that the judge has received large – maybe Texas-sized – political campaign contributions from opposing counsel?  We have, and it’s not a good feeling.

Oklahoma Governor and Politicians Squash Latest Attempt For Justice Reform.

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Special Report: How Actions by Governor’s Staff Led to Weakened State Justice Reforms, by Clifton Adcock, Oklahoma Watch

http://tinyurl.com/mp9xr7q

Oklahoma’s incarceration rate is one of the highest in the nation. Oklahoma incarcerates the most women in the United States and is the third highest state in incarceration of men. According to Oklahoma’s Big Brothers Big Sisters, which recently lost its federal funding to its Mentoring Children of Prisoner’s Program, 27,000 children in Oklahoma have one or both parents in prison today. The concern over Oklahoma’s increasing prison population and ripple effect on its citizens makes this latest lost opportunity even more discouraging. -CCE

Note: Oklahoma Watch is offering this detailed, 4,500-word story on events that led up to changes in the state’s most significant justice-reform effort in recent history. With Oklahoma having some of the nation’s highest incarceration rates, hopes soared in 2012 among leaders and residents when the Justice Reinvestment Initiative was signed into law. Others viewed it skeptically. Newly released records reveal what happened in state government that led to a weakening of the original plan for implementing the reforms.


Behind-the-scenes moves by Gov. Mary Fallin’s senior staff members helped lead to a severe weakening of a program designed to cut the state’s high incarceration rates and save taxpayers more than $200 million over a decade, according to interviews and records obtained by Oklahoma Watch.

The efforts by the governor’s staff, assisted by legislative leaders, to take control of the Justice Reinvestment Initiative took place during periods when staff members met with representatives of private prison companies, which stood to gain or lose depending on how the initiative was implemented, emails and logs of visitors to Fallin’s offices show.

Texas Supreme Court Embraces Email and Amends Civil Procedure Rules.

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Texas Supreme Court Decides Email is Here to Stay, Amends Rules of Civil Procedure Accordingly, by Frank O. Carroll III, TexAppBlog

http://tinyurl.com/jwrwy7u

When it comes to civil courts in Texas, the theme for 2013 was “fast-tracking.” The Texas Rules of Civil Procedure saw a number of changes related to triaging and expediting low-dollar controversies and eliminating “frivolous” cases early in the litigation process. While limiting requests for production and depositions in cases under $100,000 is all well and good, civil courts in Texas face much greater problems on a day-to-day basis.

One such problem is the underutilization of technology. Before 2014, email didn’t exist as far as the Texas Rules of Civil Procedure were concerned, electronic filing by fax was the equivalent of placing an envelope in the mail, and FedEx was a great way to send birthday gifts, but an unacceptable way to send discovery requests. But a new day has dawned, and 2014 is upon us…

Federal Court’s Application of the Stored Communications Act to Previously Opened Web-Based Emails.

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Stored Communications Act Applies to Previously Opened Web-based Emails, by K&L Gates

http://tinyurl.com/mcl4cgt

Cheng v. Romo, No. 11-10007-DJC, 2013 WL 6814691 (D. Mass. Dec. 20, 2013)

In this case, the court addressed the question of whether previously opened web-based emails were in ‘electronic storage’ as defined by the Stored Communications Act (SCA) and determined that they were.

A Compilation of Excellent Law Practice Management and Productivity Videos.

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2013 Law Practice Management and Productivity Videos, by Tim Baran, Legal Productivity Blog

http://tinyurl.com/pw9xm2q

Forget About Basic Google Searches! Use These Simple Tips to Enhance Your Search Results.

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10 Tips for Better Google Search Results, by Tim Baran, Legal Productivity Blog

http://tinyurl.com/nevdrua

There is more to Google than simple key word searches. Familiarize yourself with these simple tips and increase successful search results. -CCE

Senior Citizens – The Scammer’s Favorite Mark.

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Scammers Target Senior Citizens, USA.gov Blog

http://blog.usa.gov/post/72686179442/scammers-target-senior-citizens

Not necessarily for seniors. Tips on avoiding scams, including financial exploitation, investment fraud, identity theft. -CCE

Travel Tools – Plan Your Trip and Avoid Hassles.

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Travel Tools to Help You Avoid Hassles and Stay Safe, USA.gov

http://tinyurl.com/loefssz

Weather forecasts, flight delays, national traffic and road closures, train schedules, and gas prices near you. -CCE

Everyone Knows You Never Question Your Own Witness At A Deposition, Right?

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The Need For Direct Exams Of Your Own Witnesses At Depositions, by Mark Herrmann, Above The Law Blog (with hat tip to Evan Schaeffer, The Trial Tips Practice Weblog)

http://tinyurl.com/meqbmh4

Is Your Cell Phone Secure? Are You Sure?

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A Mobile Security Checklist for Attorneys, by Larry Port, Legal Productivity

http://tinyurl.com/l7tm97l

While attending a CLE event, have you ever left your laptop unattended? What if someone steals one of your mobile devices from your car or your home — or what if you inadvertently lose it in some way? Can someone else access your privileged client’s data? -CCE

I recently had the honor of writing a piece for ILTA’s Peer to Peer magazine on mobile security and presenting a webinar on the same topic. One piece of research blew me away: in a six-month period in Chicago, over 20 THOUSAND (yes – THOUSAND) cell phones were left in taxis.

Sure, maybe Chicago’s taxi seats are stickier than most, and perhaps the cold forces people into taxis more than in, say, Boca Raton, FL. The point is, you’re apt to lose a phone. And these days, with large amounts of data storage, functionality, and computational power on these things, that spells trouble for attorneys protecting client data.

Arbitration – Some Like It and Some Don’t.

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GLOBAL K: Contrasting Attitudes towards Arbitration Clauses, by Kprofs2013, ContractsProf Blog

 http://tinyurl.com/kpnbmhu

The recent discussion of the December 2013 decision by the Ninth Circuit in In re Wal-Mart Wage & Hour Employment Practices Litigation calls to mind the contrast in attitudes between international and domestic practice. Mention “arbitration” among international practitioners and profs, and you are likely to get a bit of a swoon from most – arbitration, properly structured, rescues us from the risks and uncertainties of unfamiliar legal systems and provides a comfort level in terms of predictability of process if not outcome. Mention “arbitration” in domestic circles, particularly with respect to consumer protection issues, and you encounter a growing skepticism if not outright hostility about the imposition of arbitration as an exclusive contract remedy.

Changes Expected This Year in Pennsylvania Civil Litigation.

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Changes Anticipated for Pa. Civil Litigation Jurisprudence in 2014, by Daniel E. Cummins, TORT TALK, republished from Pennsylvania Law Weekly

http://www.torttalk.com/2014/01/article-changes-anticipated-for-pa.html

Currently, there are a number of important civil litigation issues pending before the Pennsylvania appellate courts, the results of which could significantly impact the way litigators practice in the years ahead. Moreover, notable changes over the past year in Pennsylvania statutory law, as well as the Rules of Professional Responsibility, are expected to have a significant impact.

“Hercules and the Umpire” and Other Judges’ Blogs.

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Federal Judge Hangs Up His Blogging Robes, by Robert Ambrogi, Robert Ambrogi’s Law Sites

http://tinyurl.com/ktmc7dd

Last summer, Law Technology News published my article, Blogging From the Bench, in which I surveyed the fairly paltry number of judges who blog. In a subsequent post here, I added more blogging judges.

Prominently featured in the LTN piece was Senior U.S. District Judge Richard Kopf, who last February launched the blog Hercules and the Umpire and quickly found notoriety when he published a post in which he declared, ‘A lot of what the Supreme Court does is simply irrelevant to what federal trial judges do on a daily basis.’

Yesterday, after writing 416 posts in the last year that generated some 425,000 page views and 3,700 comments, Judge Kopf announced the end of his blog.

Trial Tech Costs Will Be Easier to Recover In 2014.

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Good News for 2014: Trial Tech Costs Can Be Easier to Recover, by Morgan Smith, Cogent Legal Blog

http://tinyurl.com/kpqnkld

For those of you who rely heavily on trial technicians and courtroom technology, a 2013 case on CCP Section 1033.5 is important to know about because it enhances your ability to recover trial tech costs.

Every year, technology becomes an increasingly important part of case presentations. In a piecemeal fashion, courts are steadily catching up to this 21st-century reality and beginning to recognize that tech-related trial costs are legitimately recoverable.

Courtroom Body Language – How to Read It and Use It In Court.

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Tips For Reading And Managing Courtroom Body Language, by Legal Skills Prof, Legal Skills Prof Blog

http://tinyurl.com/k7uxpr7

The most brilliant trial attorneys seem to have a natural instinct for reading people, knowing intuitively what a nod from a juror or glance from a judge implies. For the rest of us, there’s this handy cheat sheet that breaks down some of the most common body language exhibited in the courtroom. You can use it to modulate your own behavior, train your client, or gain additional insight into opposing counsel, judge and jury.

App Recommendations for Apple Devices From iPad Notebook Blog.

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Apps for Attorneys (and others), by Justin S, Kahn, iPad Notebook Blog (with hat tip to iPhone J.D. Blog!)

http://tinyurl.com/mnf2mr5

With the new year and new resolutions being made, this is the perfect time to consider digital apps to work with your iPad. There does not seem to be a single place that has organized the different apps available into a one stop site. This is my attempt to do so.

Whether you are a lawyer, law student or work for a law firm, perhaps you have promised yourself that you will go more digital and be more paperless. If so, consider the apps below to help you practice law better with your iPad.

Addictive Tips Blog’s Best Android Apps and Windows Software of 2013.

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172 Best Android Apps Of 2013, by Haroon Q Raja, Addictive Tips Blog

http://tinyurl.com/pkrhg74

150 Best Windows Software Of Year 2013, by Waqas Ahmed, Addictive Tips Blog

http://tinyurl.com/mvj7t62

Even though not each relate directly to the legal industry, they are worth a look. Those who have switched to Windows 8 should find many useful tips in the Windows software. -CCE

Robert Ambrogi’s Most Popular 2013 Posts

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My Most Popular Posts of 2013, by Robert Ambrogi, Robert Ambrogi’s Web Sites

http://www.lawsitesblog.com/2013/12/popular-posts-2013.html

Better Trial Messages to the Jury.

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Chunk Your Trial Message, by Dr. Ken Broda-Bahm, Persuasive Litigator

http://tinyurl.com/jvum7kj

Dr. Broda-Bahm provides excellent ideas for litigators on how to “chunk” their trial messages. -CCE

 Give me the bite-sized version, break it down into pieces, and tell it to me step-by-step. The brain loves to segment, and the process known as “chunking” seems to be a central part of how we recognize patterns, manage information, and form new insights. A recent perspective on the process is articulated by Cambridge neuroscientist Daniel Bor in his book, The Ravenous Brain (2012).

[I]t is one thing for the attorney to get that structure, and it is another thing for her listeners to get it just as well. Litigators and other communicators often believe that they’re breaking things down based on a clear, explicit, and meaningful structure, but their audience instead simply experiences a continuous and unbroken flow of information or arguments. Here are a few rules of thumb for making sure you’re actually chunking when you think you’re chunking:

  • It has to be simple (which usually means flat, without substructure, and limited to a manageable number of main points).

  • It has to be explicit (which usually means actually saying something like, “First point,” “Second point,” and “Third point”).

  • It usually should be previewed (“Tell them before you tell them,” unless you having a strategic reason for preserving a surprise).

Recommended Law Practice Resolutions for 2014

Adopt These Resolutions For Your Law Practice In 2014, Lawyerist Insider

http://tinyurl.com/lcsckk3

Ralph Losey’s Top E-Discovery Case of 2013.

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Announcing My Top e-Discovery Case of 2013, by Ralph Losey, e-Discovery Team® Blog

Seal for the United States Fifth Circuit court...

http://tinyurl.com/mqrqv3d

The year 2013 has been a relatively lackluster one for e-discovery case law. Then, on November 12, 2013, the Fifth Circuit Court of Appeals rendered a rare appellate order on sanctions and e-discovery abuse.