IP Law Professors Send Letter to Congress Seeking Anti-Troll Patent Legislation.

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IP Law Professors Rise-Up Against Patent Assertion Entities, By Dennis Crouch at PatentlyO Blog

http://tinyurl.com/n7qrg7a

A group of sixty US intellectual property law professors have signed a letter to Congress supporting anti-troll patent reform legislation. This effort was driven by Professor Love of Santa Clara and is also signed by Professors Bessen, Goldman, Ghosh, Lemley, Meurer, Samuelson, Sprigman, and others. [Download ProfessorsLetterOnTrolls].

A key introductory line from the letter:

Despite our differences, we all share concern that an increasing number of patent owners are taking advantage of weaknesses in the system to exploit their rights in ways that on net deter, rather than encourage, the development of new technology.

Texas Moves To Its New E-Filing Website.

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We’ve moved! New e-filing website goes live, posted by Angela Morris, Texas Lawyer in Texas Law

http://shererandcrow.com/texas-law/weve-moved-new-e-filing-website-goes-live/

The state’s new system for electronically filing court documents has a new online home: EFileTexas.gov went live today, Dec. 6.

Starting Monday, the old site to access the e-filing system will go offline and anyone who visits TexFile.com will automatically be rerouted to EFileTexas.gov, according to a notice on TexFile.com.

 

What If Your Client’s Business Has More Than One Insurance Policy?

Affirmative Disclosure of Insurance Agreements, by Michael Lowry, Compelling Discovery Blog

 http://www.compellingdiscovery.com/?p=2070

[T]he Supreme Court interpreted this section in Vanguard Piping v. Dist. Ct., 129 Nev. Adv. Op 63 (2013). Some parties, usually sophisticated ones, will have more than one insurance policy for a particular loss. For instance, a party might have a primary policy, then an excess policy and then an umbrella policy after that. The reason for the multiple layers is to maximize protection while hopefully taking advantage of the premium differences that arise from the varying risk exposure at different levels.

Vanguard Piping is apparently one of those sophisticated parties that has multiple layers of insurance. It apparently disclosed the layer of insurance that would have covered the losses alleged in the suit, but refused to disclose anything further. Regardless of whether this was appropriate for practical considerations, the Supreme Court ultimately concluded the literal language of the rule required far more.

 

 

 

Feel the Need For A Kindergarten Refresher? Judge Sam Sparks Arranges Opportunity for Unfortunate Counsel.

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Judge Defends “Kindergarten” Order, by Nathan Koppel, Wall Street Journal Law Blog

http://blogs.wsj.com/law/2011/09/27/austin-judge-defends-his-kindergarten-order/

Debt Collectors Take Note. Harassment Can Mean Harsh Fines.

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Feds ding biggest debt collector for harassment, by Mitch Lipka, MSN Money

http://money.msn.com/debt-management/article.aspx?post=5f47ae4b-5e5e-4b7a-8a93-ed998cd54621

As a result, the company has agreed to pay a $3.2 million penalty and to stop the illegal harassment alleged by the FTC. The penalty is the largest ever against a third-party debt collection agency, the FTC said.

Is Failing to Keep Abreast of Latest Technology Tantamount to a Possible Ethical Violation?

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Luddite Lawyers Are Ethical Violations Waiting To Happen, by Megan Zavieh, Lawyerist Blog

http://lawyerist.com/luddite-lawyers-ethical-violations-waiting-happen/

 The ABA made it abundantly clear that lawyers must keep up with technology when it amended comment 8 to Model Rule 1.1 on competence. Comment 8 now reads:

To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. (Emphasis added.)

Five Important and Volatile Issues in Current Patent Law.

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The 5 Biggest Issues in Patent Law Right Now, by Ryan Flax, The Litigation Consultant Report Blog

http://tinyurl.com/laqmz3g

The Cyber Advocate’s Best New Apps For Lawyers.

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Best New Apps for Lawyers – November 2013, by Brian Focht, The Cyber Advocate

http://tinyurl.com/o9kbdpe

The most expensive app is under $4; most are free. When you get to this post, look to the left under Top Posts & Pages to find other posts with more Apps for Timekeeping and Mind-Mapping Apps for Androids and iOS. – CCE

No More Bullying At Work?

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Workplace Bullying Emerging As Major Employment Liability Battleground, by Sam Hananel, Insurance Journal Blog

http://tinyurl.com/aw84c23

On-the-job bullying can take many forms, from a supervisor’s verbal abuse and threats to cruel comments or relentless teasing by a co-worker. And it could become the next major battleground in employment law as a growing number of states consider legislation that would let workers sue for harassment that causes physical or emotional harm.

‘I believe this is the new claim that employers will deal with. This will replace sexual harassment,” said Sharon Parella, a management-side employment lawyer in New York. “[Y]ou can no longer go to work and act like a beast and get away with it.’

Updated Collection of Native American Documents at Library of Congress

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American Indian Constitutions, by Andrew Weber, a guest post by Jennifer Gonzalez, a Digital Library Technician in the Law Library’s Digital Resources Division, Library of Congress

http://blogs.loc.gov/law/2013/11/american-indian-constitutions/

In celebration of Native American History Month, we have just added 428 Native American documents containing constitutions, charters, and acts from the years 1830 to 1960 to Law.gov. The collection contains two types of material: constitutions from the 1800s produced by the Cherokee, Choctaw, Chickasaw, and Creek; and constitutions and charters drafted after the 1934 Indian Reorganization Act. The latter includes laws produced by the Office of Indian Affairs of the United States Department of the Interior. These materials are divided by region based on the new KI class designations: Arctic-Alaska, US-Northeast Atlantic, US-North Central, US-New Southwest, US-Pacific Northwest, and US-South.

The Sixth Circuit Wrestles With When to Pull the Trigger on the Unconscionability Doctrine in Arbitration Clauses.

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Sixth Circuit Affirms District Court, Rejects Attorney’s Bid for Class-Wide Arbitration, by Kprofs2013, edited by D.A. Jeremy Telman, ContractsProf Blog

http://tinyurl.com/p9sryqw

This case started as a disagreement between a law firm and LexisNexis over billing practices. The parties’ disagreement was bound by an arbitration agreement. The law firm decided to bring two class actions over 500 million dollars against LexisNexis. The terms of the arbitration agreement and the lack of any definitive U.S. Supreme Court ruling on whether classwide arbitrability is a “gateway” or “subsidiary” question places the Sixth Circuit in an interesting conundrum.

What follows in this post at ContractsProf Blog is an analysis of the Sixth Court’s opinion, the ambiguous arbitration agreement, and the use, or lack thereof, of the unconscionability doctrine. -CCE 

Court Precludes Testimony of Rehabilitation Witness

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Reputable Source?: Court of Appeals of Tennessee Precludes Testimony of Rehabilitation Witness Under Rule 608(a), by Evidence ProfBlogger, EvidenceProf Blog

http://tinyurl.com/lnf96hp

In Pyle v. Mullins, 2013 WL 6181956 (Tenn. Ct. App. 2013), the plaintiff sought to bolster his credibility after it had been attacked by the defense, but the court precluded this rehabilitation. Why?

Pyle then sought to elicit

character testimony from Jeff Boggan, one of Pyle’s customers. Boggan, a resident of Village Green Subdivision, testified Pyle mowed his lawn and he had known Pyle for 5 years. He testified Pyle was under contract by the homeowner’s association to mow all of the lawns in the subdivision. Pyle asked Boggan whether he was “familiar with [Pyle’s] reputation in that area for honesty?” In response, defense counsel objected as to relevance. The trial court sustained the objection.

Then . . . .

 

Anticipated Merger Nixed between California firm Orrick Herrington & Sutcliffe and New York Pillsbury Winthrop Shaw Pitman

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Orrick, Pillsbury call off big U.S. law firm merger, by Casey Sullivan, Editing by Ted Botha, Phil Berlowitz, and Diane Craft)(with hat tip to Pamela Woldow!)

http://tinyurl.com/oytj4bs

The potential merger between the California-based Orrick Herrington & Sutcliffe and Pillsbury Winthrop Shaw Pittman in New York would have created one of the largest law firms in the country. It was first reported by Reuters on October 25.

Orrick Chairman Mitch Zuklie and Pillsbury Chairman James Rishwain said in a joint interview that a conflict of interest between clients in Orrick’s public finance practice and Pillsbury’s tax, environmental and real estate practices killed the merger.

 

Changes To Federal Subpoena Amendments Effective December 1, 2013.

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The Streamlined Subpoena Power under Amended Federal Rule of Civil Procedure 45 – Effective December 1, 2013, Barring Congressional Action, by Tony Lathrop, Litigation Blog

http://tinyurl.com/luyjbu4

 On December 1, 2013, some of the most long-awaited changes to the Civil Rules will take effect – the proposed amendments to Rule 45, which governs the use of subpoenas in federal civil actions.

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The major changes to Rule 45 include: (1) simplifying the rules regarding the court issuing a subpoena, (2) highlighting the notice requirements for document-only subpoenas, (3) clarifying the circumstances under which an officer of a party may be compelled to testify at trial, and (4) permitting the transfer of motions regarding enforcement of a subpoena.  We highlight the substance of these changes below, and provide a brief update regarding the status of the Discovery Amendments.

City Officials Forget A Second Time To Hold An Election.

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Utah town forgets to hold election — again, by Robert Gehrke, The Salt Lake Tribune (with hat tip to Lowering The Bar Blog!)

http://tinyurl.com/mouuf74

Wallsburg, Utah, is a small town of about 275 people is 40 miles from Salt Lake. It has a mayor and four city council members. It has no staff. If you call City Hall, no one will answer.

Wallsburg forgot to hold an election for the city officials – again. What to do? The state election officials said it was too late to do anything but wait until 2015.

What caused the Town of Wallsburg to forget – again – to hold an election for its city officials? No one reports any suggestion that the city officials deliberately neglected to hold an election. The general opinion is that the eleection was simply overlooked – twice.

It is anticipated that an election will be held in 2015 without fail.  – CCE

Jeff Richardson at iPhone J.D. Blog’s Reviews the iPhone 5x Dock.

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English: The logo for Apple Computer, now Appl...

Review: iPhone 5s Dock — charge and hold your iPhone 5 or 5s, by Jeff Richardson, iPhone J.D. Blog

http://tinyurl.com/kujgnkk

 Great deal for $29.99. CCE

If you work at a desk and you are looking for a useful accessory for your iPhone 5 or iPhone 5s — or a gift for someone else who uses one — and if you don’t use a case with your iPhone, I’m a big fan of the iPhone 5s Dock made by Apple.  Back in 2008, I reviewed the iPhone 3G Dock.  In 2010 I reviewed the iPhone 4 Dock and the Apple Universal Dock.  In September of 2013, Apple released its first dock with a Lightning connector, the iPhone 5s Dock.  I bought it as soon as it came out and I’ve been using it for about two months.  It works great with my iPhone 5s, and note that despite the name, it also works with the iPhone 5 since the two iPhones are the same size.

Michigan Court of Claims Changed Rule for Cases Against the State of Michigan.

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Significant Changes for Michigan Court of Claims, Paul Hudson, James Woolard, Jr., MillerCanfield

http://www.jdsupra.com/legalnews/significant-changes-for-michigan-court-o-20324/ 

Parties engaged in litigation against the State of Michigan in the Court of Claims will do so under new jurisdictional rules that were signed into law on November 12, 2013. The law, PA 164, moves the Court of Claims from the Ingham County Circuit Court to the Court of Appeals, where cases will be assigned to one of four designated judges. Those judges are Pat Donofrio (Troy), Deborah Servitto (Troy), Michael Talbot (Detroit) and Amy Ronayne Krause (Lansing). Their terms on the Court of Claims end in May 2015.

The new law takes effect immediately.

How to Add “Ok Google” Command Support to Chrome Using Google Voice Search Hotword.

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Google Voice Search Hotword Adds “Ok Google” Command Support To Chrome, by Waqas Ahmed, Addictive Tips Blog

http://tinyurl.com/m2lgp9l

If you are a Chrome fan, check out the “Recommended For You” at the bottom of this link. CCE

Are Judges Are Killing the Civil Rights Act of 1964?

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President Lyndon B. Johnson signs the 1964 Civ...

When it comes to employment cases, judges are killing the Civil Rights Act of 1964, by the Hon. Richard George Kopf, Hercules and the umpire Blog

http://tinyurl.com/phw85vu

After providing some background about rulings on employment cases, Judge Kopf reveals that:

[M]y summary judgment dismissal rate was higher than the aggregate rate for the Northern District of Georgia. That is, my dismissal rate was four points higher than the rate in the Northern District of Georgia (86% v. 82%). That caused me to write this: “The fact is that the law on summary judgment motions in employment cases favors the granting of summary judgment motions in a high percentage of the cases and, not surprisingly, that is what you see happening in the Northern District of Georgia and with ‘yours truly’ too.”

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 [V]ince Powers, my friendly nemesis, advised me about a powerful article that Nancy Gertner has written on this subject. Gertner now teaches law at Harvard, and was for many years one of the most distinguished federal trial judges in the nation. She is also a really great person with a warm and funny sense of humor. Here is Nancy’s article. I urge you to read what she has written. It will make you think hard.

If you have trouble accessing the link to the Nancy Gertner’s article, you can find it here: http://tinyurl.com/olfpxdz. CCE

The latest from Ernie Svenson on PDF for Lawyers

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Reducing the file size of a PDF the fast, easy way, by Ernie Svenson, PDF for Lawyers

http://tinyurl.com/nkurep9

Cloud Security – What to Look For and Why.

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Cloud Computing

[Part 1] Scary Stories Impart Valuable Lesson for Network Security, by Joseph Pedano, Cloud IQ Blog

http://tinyurl.com/p65fmcv

While I really like the advice in this article for the risks involved in using cloud technology, I have not found a cloud center “strategically located in regions with low risk of natural disasters.” A link to Part 2 of this post is at the end of the article. CCE

Cities and Towns Struggle With What To Do For The Homeless.

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As Homeless Line Up for Food, Los Angeles Weighs Restrictions, by Adam Nagourney, The New York Times

http://tinyurl.com/qzqthlb

On the day when many of us are concentrating on bringing our families together and giving thanks, we are reminded that many will go without with what many consider the normal Thanksgiving “feast.” TV commercials show families sitting around the table. For weeks, cooking shows have concentrated on giving us dozens of ideas for new twists on how to cook those sweet potatoes and new recipes for cranberry relish.

Cities and towns across the country provide a city-wide Thanksgiving dinner open to anyone who wants to come.  In other cities and towns, free meals are provided for the homeless. Many families and individuals will not sit around the table and carve a turkey today. They simply cannot afford that luxury. They may be homeless or unemployed – or both.

But for many, attracting the homeless and needy to their neighborhoods or other areas of a city is a problem. Many homeless are mentally ill. The question of where the line is drawn becomes a hot issue.

People want to help, but they do not want the homeless to become squatters or a blight in their neighborhoods. This article attempts to tackle the issues of cities with a high homeless population and present both sides. It is a difficult and complex problem with no easy answer. CCE

Opponents Ask Oklahoma Supreme Court To Declare New Workers’ Compensation Law Unconstitutional.

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Seal of Oklahoma.

Oklahoma workers’ comp law challenged, by Nolan Clay, The Oklahoman, NEWSOK

http://newsok.com/oklahoma-workers-comp-law-challenged/article/3884295

 In May 2013, Oklahoma’s Governor passed a new controversial workers’ compensation law, in spite of opponents’ arguments that the change will reduce an injured employee’s benefits. The bill passed by the Governor changed Oklahoma’s workers’ compensation judicial system to a “business friendly” administrative system. The new law, which goes into effect on February 1, 2013, allows a business to “opt out” if it provides an injured worker with benefits considered equal to what would have received under the administrative system. The Oklahoma Supreme Court is now being asked to declare the new law unconstitutional. CCE