17 Sunday Nov 2013
Posted in Discovery, E-Discovery, Emails, Evidence, Trial Tips and Techniques
≈ Comments Off on Email Preservation of Gmail Can be Tricky and Tedious, But Not Difficult.
Collecting Gmail for Preservation, by Craig Ball, Ball in Your Court Blog
As Mr. Ball points out in this excerpt below, Gmail preservation is tedious, but not difficult:
[T]hough collecting and validating the complete contents of a Gmail account can be tricky and tedious, it’s not all that difficult to do. Happily, unless you do something really dumb, it’s unlikely that even a botched Gmail collection effort will harm the contents of the account.
17 Sunday Nov 2013
Posted in E-Discovery, Evidence, Glossaries, Legal Technology, Research, Trial Tips and Techniques
≈ Comments Off on The Sedona Conference® Glossary
The Sedona Conference® Glossary, The Sedona Conference® (Reproduced with permission by Richard Braman.)
The Sedona Conference® is a non-profit organization created in 1997 by Richard Braman. Although it is better known for its work and publications on e-discovery, it addresses many other areas of law. You can find a list of its publications here: https://thesedonaconference.org/publications.
The Sedona Conference® will present its Commentary on Information Governance in a webinar on December 5, 2013. Information about all upcoming events can be found at https://thesedonaconference.org/conferences.
17 Sunday Nov 2013
Posted in Admissibility, Court Rules, Evidence, Experts, Trial Tips and Techniques
≈ Comments Off on Handwriting Expert’s Report and Testimony Are Inadmissible Under Daubert/Rule 702 Test.
17 Sunday Nov 2013
Posted in Bad Legal Writing, Brief Writing, Legal Writing
≈ Comments Off on How to Convince the Court that Your Client Deserves to Win.
Tags
Bad Legal Writing, Brief Writing, Kenneth F. Oettle, Legal Writing, New Jersey Law Journal, Sills Cummis & Gross
Choose an Approach that Will Appeal to the Court’s Conscience, by Kenneth F. Oettle, at Sills Cummis & Gross P.C.
This article, found at Sills Cummis & Gross, P.C. website, was originally published in the New Jersey Law Journal. It was later published in the Michigan Bar Journal (May 2008), and again in Ken Oettle’s book, “Making Your Point,” by ALM.
http://www.sillscummis.com/Repository/Files/2008_May_Oettle.pdf
An except from this article:
To shape an argument, particularly in head-to-head litigation under the common law, where the focus is more personal than institutional, look for a fact or a fact scenario that purports to elevate the moral standing of your client over that of the other side, giving your client the white hat, the high ground.
Show the adverse party to have engaged in morally challenged behavior, such as violence, promise-breaking, deception, delay, self-indulgence, laziness, or lack of care. If the moral offense goes to (is within the confines of) the issue in the case (and sometimes even if it is not—but be careful there), you will give yourself a good chance to persuade the court that your client deserves to win and the other side deserves to lose.
15 Friday Nov 2013
Posted in Bad Legal Writing, Legal Writing, Motions
≈ Comments Off on Where Bad Motions Go to Die . . . .
That is incomprehensible! Denied. by Nicole Black, My Case Blog (with hat tip to William Statsky!)
I was going to say something about good motion writing practices, but I can think of nothing more appropriate than the Court’s own words. CCE
15 Friday Nov 2013
Posted in Research
≈ Comments Off on THOMAS transitions to Congress.gov.
THOMAS will now redirect to congress.gov,by Sabrina I. Pacifici, beSpacific Blog
Ms. Pacifici assures us that permanent links to THOMAS will still work and remain operational until 2014. At that time, the transition to congress.gov will be finished, and THOMAS will be retired. CCE
15 Friday Nov 2013
Posted in Law Office Management
≈ Comments Off on Technical Skills vs. Soft Skills – Which Matter Most For Job Success?
The 20 People Skills You Need To Succeed At Work, by Jacquelyn Smith, Forbes (with hat tip to Allen Mihecoby, CLAS, RP®)
Do you think you’re qualified for a particular job, fit to lead a team, or entitled to a promotion because you have extensive experience and highly developed technical skills? Well, it turns out that while those things are crucial to your professional success, it’s imperative that you also have great soft skills–more commonly known as “people skills.”
15 Friday Nov 2013
Posted in Law Journals, Law Libraries, Law Reviews, References, Research
≈ Comments Off on Law Commons – Free Open Access Legal Research
Law Commons, Digital Commons Network™ Open Access. Powered by Scholars. Published by Universities.™
http://network.bepress.com/law/
This is an unique legal research tool. It has a wealth of legal resources. There are 167,603 full-text articles by 76,916 authors — in all, 37,817,207 downloads of legal research. But there is more — architecture, arts and humanities, business, education, engineering, life sciences, medical and health sciences, physical sciences and mathematics, and social and behavioral sciences.
In total, this website gives you free access to over 800,000 full-text articles contributed from over 300 universities and colleges all over the world.
The Digital Commons Network brings together free, full-text scholarly articles from hundreds of universities and colleges worldwide. Curated by university librarians and their supporting institutions, the Network includes a growing collection of peer-reviewed journal articles, book chapters, dissertations, working papers, conference proceedings, and other original scholarly work.
14 Thursday Nov 2013
Posted in Android Phones, Cell Phones, Emails, Google, iPad, iPhones, Law Office Management, Legal Technology, Mac, Microsoft Office
≈ Comments Off on Book Review: Tips for Getting the Most Out of Email.
Tags
David Sparks, Email, Gmail, iPhone J.D., Jeff Richardson, Mac
Review: Email by David Sparks — information and tips for getting the most out of email, by Jeff Richardson, iPhone, J.D.
An except from the original post:
The book includes general tips for working with emails, great strategies for reading, replying to and storing emails, an informative chapter on how email works and tips on fighting spam and email security. No matter what device you use for your email, all of that content is useful.
Sparks then goes deep into the Apple Mail app for the Mac, and this book will be most useful for folks who use a Mac and the built-in mail app. He also reviews many of the best programs for the Mac and apps for the iPhone/iPad that you can use to work with email, and devotes a chapter to Gmail.
14 Thursday Nov 2013
Posted in International Law, Real Estate and Property Law, Research
≈ Comments Off on Resource on Real Estate and Property Law
Real Estate Law, HG Legal Resources.com
http://www.hg.org/realest.html
A thorough overview and resource of United States real estate and property law, but also international law, publications related to this area of law, articles posted on this website about this area, and organizations related to real property. CCE
14 Thursday Nov 2013
Posted in Corporate Law
≈ Comments Off on Economics Monetary Expert’s Video Goes Viral.
The Most Viral Economics Video of the Year Surpasses 1 Million Views in Just 3 Weeks, PRNewswire©2013,Newswire, MSN Money
When first released, the video rapidly scaled to over 100,000 viewers per day based on massive sharing of this particular episode. The recent U.S. government shut down and debt ceiling debate fueled intense interest in the The Biggest Scam in the History of Mankind – particularly given the timeliness of the subject matter and personal impact of how currency issuance and massive national debts affects us all.
Hosted by monetary expert, Michael Maloney, this is the 4th in his series The Hidden Secrets of Money. The show’s audience continues to grow daily with positive reception of the near 30 minute documentary style episodes. In total, his Why Gold and Silver channel has enjoyed over 8 million viewers since it started and has over 51,000 subscribers.
13 Wednesday Nov 2013
Posted in Appellate Law, Court Rules, Legal Technology, Legal Writing, Research, State Appellate Courts, Trial Tips and Techniques
≈ Comments Off on The Civil Appeals Profile Database for State Courts.
Tags
Appeals, Civil Appeal State Profiles, Civil Appellate Procedure, National Center for State Courts
The National Center for State Court has created this compilation of civil appellate court practices and procedures.
The link takes you to a map of the United States. Click on your state, and you will get a breakdown of appellate procedures. The information is somewhat like a “cheat sheet” for the state’s rules of appellate procedure.
Please note that the website recommends setting your printer to “landscape” for best results.
13 Wednesday Nov 2013
Posted in Anti-Retaliation, Consumer Law, Whistleblower
≈ Comments Off on Senate Approves Anti-Retaliation Bill Protecting Anti-Trust Law Whistleblowers.
Tags
anti-retaliation, Anti-trust, Drinker Biddle & Reath, Mutual fund, Sarbanes–Oxley Act, Senate, Whistleblower
Senate approves antitrust anti-retaliation bill, by Paul H. Saint-Antoine, Ronald A. Sarachan, and Todd N. Hutchison, Drinker Biddle & Reath, PC
13 Wednesday Nov 2013
Posted in Brief Writing, Legal Writing
≈ Comments Off on Strong Openings Make A Difference
Tags
Brief Writing, Kenneth F. Oettle, Legal Writing, New Jersey Law Journal, P.C., Sills Cummis & Gross P.C.
Open A Brief With Substance, Not Bluster — Mere Posturing Is Ineffective, by Kenneth F. Oettle, at Sills Cummis & Gross P.C. (Please note correct firm name. CCE)
This article was later published in the New Jersey Law Journal, and again published in Ken Oettle’s “Making Your Point,” (an excellent book on legal writing that should be on everyone’s reference desk, in my humble opinion) published by ALM. The link is to the Sills Cummis & Gross P.C. website:
12 Tuesday Nov 2013
Posted in Case Law, Court Rules, Federal District Court Rules, Judges, Research, Statutes, Trial Tips and Techniques
≈ Comments Off on Judge Scheindlin and the Second Circuit to date.
Tags
Hercules and the Umpire, Hon. George Richard Kopf, Judge Scheindlin, Removal of federal judge, Stop-and-frisk, United States Court of Appeals for the Second Circuit
I have been following the updates about Judge Scheindlin on Judge Kopf’s blog, Hercules and the umpire. If you recall, this series began with Judge Scheindlin’s ruling on the current stop-and-frisk law in her jurisdiction, and her subsequent, hasty, and unprecedented (to my knowledge) removal by the Second Circuit of the Court of Appeals. All related posts are below, and start with the first post by Judge Kopf. The Comments are equally interesting. CCE
What do you think about the Second Circuit’s removal of Judge Shira Scheindlin? – http://bit.ly/1cyvhiH (Posted here on November 2, 2013)
A Cheat Shot – http://herculesandtheumpire.com/2013/11/03/a-cheap-shot/
More on “relatedness,” Judge Scheindlin and the Second Circuit — http://bit.ly/1cTmax4
In answer to Scott H. Greenfield regarding the Second Circuit’s treatment of Judge Scheindlin — http://bit.ly/17EEqZ9
“Do not go gentle into that good night . . . ” Dylan Thomas and Judge Scheindlin – http://bit.ly/1a39Re3
The filing by counsel for Judge Scheindlin — http://bit.ly/1c1GXcL
Kopf’s questions about the continuing but utterly depressing cage match at the Second Circuit? — http://bit.ly/1blVy2F
End it quickly – http://herculesandtheumpire.com/2013/11/11/end-it-quickly/ (Posted here on November 12, 2013)
A must read essay on Judge Scheindlin and the Second Circuit — http://bit.ly/19XlseL (Posted here on November 12, 2013)
Judge Scheindlin was wrong to enter the fray at the Second Circuit — http://bit.ly/1eJ21tw
12 Tuesday Nov 2013
Posted in Court Rules, Federal District Court Rules
≈ Comments Off on End it quickly
More on the situation in the 2nd Circuit.
If the Second Circuit has any sense, an order like the following would be entered today:
Various motions are pending. One has been filed by the district judge. One been filed by the appellees and one has been filed by the appellants. They all seek further and other relief as a result of our prior order staying these cases and requiring that a new district judge be assigned.
After due consideration, we deny all the motions. We also strike from our prior order the finding that the trial judge violated the Code of Conduct. However, that portion of our prior order staying these matters and requiring that a new trial judge be assigned to these cases remains effective. Finally, we refer these cases to the Clerk of Court for reassignment to a new panel. In doing so, we note that the Court en banc has this date denied all requests…
View original post 24 more words
12 Tuesday Nov 2013
Posted in In Custodia Legis
≈ Comments Off on A must read essay on Judge Scheindlin and the Second Circuit
I urge all who are interested in the tragic comedy (soap opera) that envelopes Judge Scheindlin and the Second Circuit to read Professor Anil Kalhan’s terrific essay entitled, Lame Duck Litigation and the City of New York’s “Double Game” (November 9, 2013) at Dorf on Law.
RGK
09 Saturday Nov 2013
Posted in Brief Writing, Case Law, Citations, Legal Writing, Trial Tips and Techniques
≈ Comments Off on An Excellent and Persuasive Legal Writing Tool – Parentheticals
For lovers of parentheticals, two articles, by Raymond Ward, the (new) legal writer
09 Saturday Nov 2013
Posted in Copyright, Intellectual Property, Law Libraries, Law Office Management, Legal Writing, Marketing, Research
≈ Comments Off on A Compilation of Canadian Law Blogs, Articles, and Links
Tags
Canada, Copyright, Intellectual Property, Law Libraries, Law Office Management, Legal Writing, Marketing
Fall 2013 Issue of Law Library Journal Now Available, Michel-A. Sheppard, Library Boy
Ron, this one’s for you. CCE
09 Saturday Nov 2013
Posted in Bankruptcy Law, Consumer Law, Debt Collection
≈ Comments Off on Who Comes to the First Meeting of Creditors?
If you are not familiar with bankruptcy law, and find yourself facing the First Meeting of Creditors, this is an excellent overview of what to expect. CCE
Section 341 of the United States Bankruptcy Code requires that the United States Trustee shall hold a meeting of the creditors within a reasonable time (usually within 20 and 40 days) after a Bankruptcy Petition is filed. It doesn’t restrict that to cases with assets or ongoing business activities or anything else. It requires a meeting of creditors (generally referred to as the first meeting, because there can be more in complicated cases) in all cases filed.
It is called the First Meeting of Creditors (or 341 hearing), which confuses many of my clients who then seem to think that their creditors will actually show up. In most consumer cases it is really a meeting between the Trustee assigned to the case, the debtor and debtor’s counsel. I doubt anyone actually knows why the same provision for the same meeting is included in the Code for all chapters. In reality…
View original post 510 more words
09 Saturday Nov 2013
Posted in First Amendment, Legal Writing, Motions in Limine, Trial Tips and Techniques
≈ Comments Off on A Rose by Any Other Name . . . .
Tags
Hercurles and the Umpire, Hon. George Richard Kopf, Motion in Limine, Name Designations, Tennessee Supreme Court
Counsel on both sides petition the Court to be called “specific” names. The jury, as juries sometimes do, may be able to think of some on its own. CCE
A response to a motion in limine that I wish I had received, by Hon. George Richard Kofp, Hercules and the umpire Blog
09 Saturday Nov 2013
Posted in Contract Law, Discovery, E-Discovery, Litigation Hold, Sanctions, Trial Tips and Techniques
≈ Comments Off on Where Plaintiff Knew Likelihood of Possible Litigation, Magistrate Judge Sanctions Plaintiff for Inexcusable Failure to Issue Litigation Hold.
Tags
2nd Circuit Court of Appeals, Discovery, E-Discovery, Legal Hold, Legal Pro Blog, Sam's Club, Sanctions
Plaintiff in Diaper Lawsuit Hit with Adverse Inference to Remedy Spoliation from Failure to Issue Legal Hold, by Legal Pro Blog
06 Wednesday Nov 2013
Posted in Corporate Law, Depositions, Discovery, Evidence, Fraud, SEC, Trial Tips and Techniques
≈ Comments Off on Billionaire Hedge Fund Titan Stumbles Over Questions About Insider Trading in Video Deposition
Exclusive: Watch Billionaire Steven Cohen Stumble Over Insider Trading Rules, by Nick Verbitsky, Martin Smith, and Dan Sugarman, FRONTLINE
In a never-before-published video, hedge fund titan Steven A. Cohen, whose firm this week agreed to plead guilty to securities fraud, describes federal securities laws as “vague,” and asks for an explanation of the basic Securities and Exchange Commission rule that prohibits insider trading.
* * *
The video offers a rare glimpse of the secretive billionaire investor at the center of the biggest insider trading prosecution in U.S. history talking about the very issues that have put him and his firm under such intense scrutiny.
06 Wednesday Nov 2013
Posted in Intellectual Property, Trademarks
≈ Comments Off on Seeing Double
Interlocking X’s Mark the Litigation Spot, by Lori L. Werdertich, Law Law Land
Oil and gas behemoth ExxonMobil has sued FX Networks in the United States District Court for the Southern District of Texas over the logo FX bestowed onto its newly launched network FXX. Exxon alleges the FXX logo infringes on Exxon’s own logo featuring two interlocking X’s along a diagonal line sloping downward, left to right.
The FXX logo features a similar interlocking double X design that FXX is in the process of trying to register (though, to be nit-picky, these X’s connect along a diagonal sloping upward, left to right).
So what’s got Exxon’s gas pumps in a twist? Well, according to Exxon, the FXX logo infringes on Exxon’s trademark, causing customer confusion, dilution of the trademark, unfair competition, and the unjust enrichment of FXX. Exxon contends that it registered this interlocking X design and that it’s been in continuous use by the company for decades to designate its “famous” fuel pumps and gas stations “uniquely” associated with Exxon goods and services. Judging from Exxon’s complaint, Exxon is especially perturbed that FXX has used the interlocking X’s standing alone in some of its recent promotions. According to Exxon, Exxon has exclusive ownership over these interlocking X’s.
06 Wednesday Nov 2013
Posted in Android Phones, Apps, Legal Technology
≈ Comments Off on Android Apps for Lawyers
Tags
2012′s Best Android Apps for Lawyers, by Jeffrey Taylor, The Droid Lawyer Blog
http://thedroidlawyer.com/2012/11/2012s-best-android-apps-for-lawyers/
This is Jeff’s 2012 List. There is also a hyperlink here for his 2011 List, and he’s taking nominations for his 2013 list. You will find all the information you need here. CCE
The Researching Paralegal 
You must be logged in to post a comment.