Posted by Rick Klau: "Why chase ambulances, when the ambulances come to you online? It turns out that ambulance chasing lawyers have found a much more effective method of going after clients: they have local sheriffs email them a daily list of who’s been arrested - including their home addresses. Some services even promise to send out letters based on the list within hours of receiving it. People who are arrested are likely to find a stack of letters from lawyers wanting their business - often targeted directly to their alleged crime - within days. In one case described in the article, lawyers were informed (and had mailed out solicitations) two days before a young man’s parents were notified he’d been arrested. Of course, the information on arrest records are public, but some are wondering if the direct mailing of such info to lawyers really makes sense. The lawyers, of course, respond that they’re only trying to get those arrested the best possible help. [Techdirt]
Ugh."
Source: tins ::: Rick Klau's weblog, 29 March 2004
CONFIDENTIALITY: Possible Good News on Microsoft "Metadata"
From the e-newsletter: "As we have discussed before, using Microsoft Word and other Microsoft Office products (including Excel and PowerPoint) can allow anyone who gets their hands on the electronic file, including opponents in litigation or negotiation, to discover potentially significant information hidden in the file, unless you're careful. Should you worry? Well, only if you mind your opponent seeing the names of those who have worked on the document, what computer the document was created on, what revisions have been made to the document, and any hidden text or comments. Oh, and maybe the fact that the draft term sheet for the deal was originally drafted to offer $750,000, but then revised to offer only $150,000. But wait . . . . there's good news from Redmond for a change! With no fanfare, Microsoft has quietly released a free piece of add-in software that claims to scrub Office documents to remove meta-data. No warranties from us that it works as well or better than other scrubbing methods (there are some), but a link to a Microsoft page describing the free add-in software (and linking to a download page and instructions) is set out below, as well as a link to our last discussion of this issue, for a little perspective and other sources. Let your office techies know about this one ASAP.
Microsoft Office Support Document http://support.microsoft.com/default.aspx?kbid=834427
October 2003 Newsletter Article"
Source: Ethics and Lawyering Today: Practical Information for Practicing Lawyers
March 2004 -- Volume 4, Number 2
Copyright 2004 William Freivogel and Lucian Pera
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Joy London posts: “Matthew Parsons, author of the upcoming book Effective Knowledge Management for Law Firms (Oxford University Press, June 2004) is conducting an online survey of knowledge management practices in law firms. The survey is not sponsored by, or affiliated with, any vendors and the research report will be available free of charge, published here on excited utterances.
The objective of the survey is to provide information to law firms and legal KM professionals about current practices, roles, leadership turnover, resources and structures for KM in law firms. In addition, the study enables legal KM professionals to identify areas for future KM research that would be most valuable for their initiatives and for their firms.
This is a real chance for the global legal knowledge management community to practice what it preaches by "doing" knowledge management itself—sharing experiences, ideas, and knowledge to build greater knowledge and understanding—and maybe even a little wisdom.
The survey is for anyone with an interest in, or involvement with, KM in law firms, and is open until April 30, 2004. The link for the survey is: http://www.surveymonkey.com/s.asp?u=30906417097”
Source: excited utterances, 29 March 2004
From the blog: "It's been a busy couple of days at TECHSHOW. There have been many exceptional presentations, and I've met some very interesting people along with catching up with friends and colleagues. While it was impossible to attend all concurrent sessions, here are some highlights from this year's show that I attended:
First off, electronic discovery is a hot, hot, hot topic (no surprise, really, given how much electronic data we keep pumping out). Mike Arkfeld and the Hon. James Francis IV gave a very informative session analyzing and summarizing the various Zubulake decisions. It was particularly useful in that they color-coded all of the various cost-shifting factors to compare against other decisions. Likewise, they provided savvy strategies that litigators could take away and use from these decisions.
The Thursday keynote featured Lou Andreozzi from Lexis and Mike Wilens from Thompson/West. These leaders gave their visions of the future for legal technology. Things like instant messaging and blogging are definitely on the radar screen. I found it particularly telling when more than half the of grand ballroom (standing room-only) crowd raised their hand when Mike asked who was reading blogs. The response was so large and emphatic that several of us bloggers were quite pleasantly surprised. As Mike mentioned, these new modalities of communication are revolutionizing how we work. It's also a great example of how the internet can used by savvy people to not only level the playing field, but to take it a step further in providing guerrilla marketing and client service.
Afterward, I had an opportunity to discuss with them the potential of RSS feeds for the delivery of news and case alerts, etc. Suffice it to say that things are looking promising in this area.
Likewise, wireless has arrived in a big way. Many attendees were toting wireless laptops. Given the relative insecurity of wireless networking, there were many sessions discussing the risks, benefits, and they best ways to harden your systems against intrusion. A live interactive session featuring Jeff Flax and Joe Kashi made it abundantly clear there were a number of attendees running wireless notebooks that were open and unprotected. If you're going wireless, don't even think about it unless you're practicing safe hex and implementing wireless networking best practices.
Another great session was "Performance Metrics and ROI Strategies", presented by John Alber, David Bilinsky, and Michael Kraft. They gave us a number of practical strategies for measuring both the hard and soft issues of technology projects. This is most definitely an area in which many law firms are weak. For instance, how many of you are performing meaningful "debriefings" once a technology project has been completed? If you don't identify what worked and what didn't, then how can you avoid making similar mistakes (or repeating successes) all over again?
New this year was the TECHSHOW Training Institute, where leading vendors showcased their products in a very how-to manner. We got to see, step-by-step, how you can effectively use such programs as CaseMap/TimeMap, Time Matters/Billing Matters, Summation, Amicus Attorney, and a session on Demystifying Electronic Discovery by Applied Discovery.
Perhaps the brightest highlight of the show was Craig Ball's PowerPoint on, naturally, PowerPoint. If you've never seen him present, you are definitely missing out. Craig is one of the true masters of Powerpoint, putting many of us humble presenters to shame. Craig entertainingly shared some of his most effective tips, and more importantly, showed us how to do it, step by step.
This year the TECHSHOW board is working very hard to collect the final version of all the PowerPoint presentations to post on the web site. This is in addition to the CD materials, so watch the site as materials are being added.
Lastly, TECHSHOW is just not complete without going to the fun dinners. The Technologists dinner just keeps getting better every year. It was likewise a blast to meet with fellow blawgers -- this is truly a group of creative and forward-thinking professionals on the cutting edge.
Overall, it's been a great conference, with many exhibitors to boot. The attendance was also definitely up this year. I've already gotten so much more out of it than I put into it (and speaking as a presenter, I believe that's saying something). In speaking with many attendees, it's clear that a significant portion of the legal profession understands the role and impact that the proper application of technology can have on one's practice. And that's very encouraging indeed.”
Source: LawTech Guru by Jeff Beard, 28 March 2004
Posted by Robert Ambrogi: "At [the] ABA TechShow, the keynote had Louis Andreozzi, president and chief executive officer of LexisNexis North American Legal Markets, and Mike Wilens, president of West, square off in a joint presentation in which they were slated to share their visions of the future role of legal technology. I'd met both men before, but seeing them together was a study in contrasts -- contrasts reflective of the two companies. Andreozzi is a fast-talking former lawyer who boasts of his ability to bench press 385 pounds and readily admits that he is not a technologist or a visionary. He stepped down from the lectern and delivered a salesman-like spiel that appeared to be off the cuff, even though he admitted to having prepared in advance. The slower-paced, softer spoken Wilens is a technologist and a visionary. He stood at the lectern and delivered a PowerPoint presentation that he clearly had put some work into.
As to the future, the more compelling comments came from Wilens. He predicted that certain "disruptive technologies" will play ever more central roles in law practice over the next few years. He expressly mentioned blogs and instant messaging as two of the most important. Ironically, when I asked him just before his presentation which blogs he follows, he said that he does not really follow any, although he had looked at some to become more acquainted with the phenomenon.
Turning to the current emphasis on CRM -- client relationship management -- in law firms, Wilens predicted that it will fail. CRM goes against the grain of lawyers' personalities, requiring them to share client information that they prefer to hold close to the chest and requiring them to enter detailed notes on matters where just getting them to log time is difficult.
Instead, he predicted, firms will come to make greater use of personalized pages for clients on their Web sites. Ever since West gave customers the ability to manage their accounts through personal "my account" pages, customer satisfaction has soared, Wilens said. He suggested that law firms will follow suit, creating pages for clients where they will be able to log in and check on the status of their legal matters and their accounts. "People want to do things for themselves, without going through an intermediary," Wilens said.
Andreozzi somewhat provocatively suggested that the future of legal technology may lie somewhere in the middle between his self-described non-visionary focus on law practice and Wilens' more academic focus on technology. Is there a merger in the making? I doubt it.”
Source: Robert Ambrogi's LawSites, 29 March 2004
Ernie the Attorney posts: “I'm at the ABA TechShow seminar on E-mail Ethics listening to a discussion about the use of E-mail encryption. Speaker Tom Mighell asked the audience if anyone out there was actually using E-mail encryption. About seven hands went up, maybe more, from lawyers who use PGP encryption. I'm not surprised to find lawyers who actually use encryption, not surprised because the ABA TechShow is a watering hole that draws lawyers who are extremely tech-savvy. The willingness of some of these techie-attorneys to learn how to use cutting edge technology is obviously high. But they don't represent the typical lawyer, not even the typical lawyer-who-is-interested-in-technology (i.e. people like me).
I think it is a given that PGP encryption is not a mainstream technology. If you need proof go to any law firm and start knocking on doors and ask the lawyers if they know what "PGP" stands for. Ignore the blank stare and then follow up with an easier question; ask them if they know what "E-mail encryption" is and offer to give them $1,000 if they can name one person they have met that knows anything about E-mail encryption. Then, for laughs, offer to give them $1 million dollars if they know what a "hash function" is or what the "Diffie-Hellman protocol."
I tried to use the PGP encryption technology with a tech-savvy friend once. I won't describe the whole process but if you are interested click here. The important thing to understand is that, even if you can figure out how actually encrypt and decrypt emails, part of the process involves creating a special private/public key. In short, it's a pain in the ass to encrypt emails, even if you know what you are doing. After having done it myself I have come to the conclusion that the only people who are routinely encrypting emails are either uber-geeks or criminals/terrorists.
In fact, I noticed something interesting when I used the PGP program and then registered my 'public key.' I noticed as I browsed through the list of names of people who had registered their public keys that there were a lot of entries for Osama bin Laden. I suppose that is a popular name to use when you register your PGP key in the same way that certain baby names get popular at certain times. Or maybe the real Osama bin Laden actually took the trouble to register his public key.
I guess the good news is that if Osama ever manages to get a law degree he won't have to worry about being charged with violating an ethical duty to encrypt email. And the good news for the hoards of lawyers who don't use encryption is that they probably won't be charged with terrorism.
Update: CNN has a nice article on encrypting email, including a profile of a new (and supposedly easier to use) system called Hushmail. And, best of all, the system is free --at least for now."
Source: Ernie the Attorney, 27 March 2004
Sabrina Pacifici posts: "GPO signs on to using PKI:
· "The Government Printing Office by mid-summer will authenticate government documents using a public-key infrastructure and digital signatures. Judy Russell, the GPO’s superintendent of documents and managing director of information dissemination, yesterday said the office will apply the technology to all documents agencies submit to www.gpoaccess.gov."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
29 March 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Sabrina Pacifici posts: "Google launched a subtle redesign of their site this Sunday. Result screens now use predominantly blue and green colors. Other enhancements include the following:
· "Google Web Alerts (Beta) are sent by email when there is new information on the web matching the search you specify." (FAQ) See also this posting from Research Buzz for Tara's take on the new features.
· "Google Personalized web search delivers custom search results that are based on a profile you create describing your interests." (FAQ)
· Numrange Searches: "Numrange can be used to specify that results contain numbers in a range you set. You can conduct a numrange search by specifying two numbers, separated by two periods, with no spaces. Be sure to specify a unit of measure or some other indicator of what the number range represents." [Link, and scroll down to this feature.]
· Also take a look at this page, which illustrates the plethora of Google search services and tools using icons.
· And don't forget, What's New from Google, with additional news.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
20 March 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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How to Effectively Locate Federal Government Information on the World Wide Web. Authors: Sherry DeDecker and Patricia Cruse, University of California. Updated: January 6, 2004."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
25 March 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Search Tool Aids Browsing
From the blog: "Many research teams are working on the problem of how to make finding information on the Web faster and easier. Researchers from Carnegie Mellon University have devised a scheme that gives existing search engines some extra help. The software, dubbed ScentTrails, shows a user how strongly the links generated by a Web search correlate with the topics she is searching for. The software grades the links a search engine returns by increasing the font size of links that have more connections to relevant pages.
See Also: complete paper as published in the ACM Transactions on Computer-Human Interaction: ScentTrails: Integrating Browsing and Searching on the Web(PDF; 428 KB)"
Source: The ResourceShelf, 26 March 2004
In Google Many Trust (Too Much)
From the blog: "Just because you don't find something when running a Google search doesn't mean the info isn't out there. Here's an example. From the article, "Had anyone bothered to Google Shamoon "Sam" Rafiq a month ago, they would not have found much information about the man. A now-removed profile from the Amsterdam American Business Club's Web site listed Rafiq as a partner at venture capital firm Kleiner, Perkins, Caufield & Byers. Other than that, you could assume that Rafiq is a soccer fan - messages attributed to him are posted on a soccer fan Web site. Rafiq never was a partner at Kleiner Perkins, however, and today he sits in jail charged with wire fraud for selling non-existent shares of Google. Rafiq's alleged exploits, which the feds say netted him almost $3 million, were detailed in yesterday's Post (you can find the story online). He is accused of conning corporate executives and Wall Street types - an investment banker and stock broker. That people would salivate over Google's IPO - despite the fact the company has not yet even filed for one - is not surprising... But all that Googles is not gold. Just ask Shamoon Rafiq's alleged victims. Had anyone bothered to look somewhere other than Google for information on Rafiq, they would have found information that made them think twice about trusting the man. Searches for Rafiq on LookSmart, Yahoo! and AllTheWeb.com turn up a 2001 press release in which the mysterious man was named an executive at now-defunct Ripcord Systems. You can find the same press release through Factiva and Lexis-Nexis as well." Thanks to Seth F. for the link."
See Also: Read More in this 3/18 SF Chronicle Article
Source: The ReferenceShelf, 25 March 2004
When Instant Messages Come Bearing Malice.
From the blog: "According to this article, there are over 160 million instant messaging (IM) accounts worldwide, and users are increasingly the target of spam, hackers and phishing."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
25 March 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From the blog, "The volume of so-called 'spim' is set triple in 2004, according to a new report from the Radicati Group, a technology market research firm in Palo Alto, California. The company projects that 1.2 billion spims will be sent, 70 per cent of which are porn-related. This is a mere trickle compared to the 35 billion spams expected, but the researchers warn that spim is growing at about three times the rate of spam, as spammers adapt their toolkit to exploit a rapidly rising number of new instant messaging (IM) users."
Source: The ResourceShelf, 27 March 2004
ResourceShelf E-Mail Reminder
Week 157, March 25, 2004
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From the e-newsletter: "Email scam alerting source MillerSmiles.co.uk warns about another incident of Web address line spoofing. The sophisticated scheme, which targets PayPal customers, falsely advises them to access their account for more information about how to protect it. Clicking the embedded link, which looks like a legitimate PayPal address, causes a new browser window to open, close and reopen in rapid succession. When reopened, the window contains a fake address bar constructed with images and text. Information submitted via the bogus form goes to an email address in Romania. (Submitted by Pete Weiss.)"
Source: TVC Alert, The Virtual Chase
29 March 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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Hit the Jackpot: Innovation in Small Firm Marketing
From the e-newsletter: “Sprenger & Lang, a 14-lawyer firm focusing on class action litigation, has secured over $200 million in awards and settlements since 1989. But firm leaders wanted a better way to connect with clients and referral sources. The solution: Use the firm's Web site as a key branding element of its marketing campaign. Read on for more stories and tips for solos and small firms from the inaugural issue of American Lawyer Media's Small Firm Business.”
Source: Law.com’s Today’s Legal News, 29 March 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.
From the site: “ Marketing firm InterAct offers its white paper, entitled "Branding the Law Firm," for free. The 8-page paper talks about the advantages of branding, trends in law firm branding, how the legal environment affects branding, the practical application of branding and creating a brand.”
Source: TVC Alert, The Virtual Chase
25 March 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From the e-newsletter:
"Tax Time: Tax Bill FAQ"
"If you are faced with a tax bill from the Internal Revenue Service, here are some answers to frequently asked questions about bill payment, interest, incorrect refunds, and more."
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Newsletter Providing Tips, News, and Resources for the Public
March 25, 2004, Issue # 25
Copyright (c) 2004 FindLaw, Inc. All rights reserved.
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From the e-news alert: "Learn how to fix some of the more common problems with the hardware and software on your computer. This PC World guide takes you through the process of trouble-shooting problems that plague computers. Do your scheduled tasks fail to run? The fix might be as simple as setting up a password-protected account. The guide covers problems with Windows, digital cameras, the Internet, hard drives, CD and DVD burners, printers, notebooks, displays and more."
Source: TVC Alert, The Virtual Chase
29 March 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From the e-newsletter: "Patients taking anti-depressants, including children and teenagers, should be closely monitored for signs of worsening depression and suicidal thoughts, U.S. health authorities said on Monday. The warning comes after a panel of experts last month called on the U.S. Food and Drug Administration to issue stronger warnings about the possible risks of suicidal behavior among children and teenagers taking antidepressant drugs."
Learn About Drug Liability
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Newsletter Providing Tips, News, and Resources for the Public
March 25, 2004, Issue # 25
Copyright (c) 2004 FindLaw, Inc. All rights reserved.
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Carolyn Elefant writes: “This article Firms Lend Money to People in Legal Disputes; Repayment Contingent on Outcome (March 21, 2004) reports on companies that will finance a lawsuit on a contingency basis, only demanding repayment where an award is received. It sounds like a promising idea for plaintiffs embroiled in a suit who are short on cash, though be warned - the rates can be exhorbitant. Still, some attorneys say that the extra cash allows them to avoid premature settlement which, at least in theory, should mean more money overall.
The article also makes note of the requisite horror stories - like an Ohio case where the financing company extended two contracts at rates of 180 and 280 percent - agreements which an Ohio judge later found void, in violation of Ohio usury laws. And in another situation, a client signed off on a financing agreement to repay $600,000 in exchange for a $200,000 loan. As a result of the agreement, the client turned down a $1 million settlement because the financing repayment obligation and attorneys fees would have wiped out the value of the settlement. But she lost at trial. Now, her attorney Robert Bland is suing the financing company alleging that its actions interfered with decisions in the lawsuit.
The lesson here: whether or not you view lawsuit financing as a potential benefit or not, it's important to discuss the matter with your clients since they may be approached directly by financing companies. After all, you want to avoid the situation that both Robert Bland and his client now find themselves in.”
Source: MyShingle.com 21 March 2004
Dennis writes: “As my friends know, I have a hard time turning down the chance to write a column, but the recent opportunity I got to start a new column for DiscoveryResources.org, one of if not the premier Internet resource on electronic discovery, was an offer I simply could not turn down. You see, the column gives me a chance to write with one of the most knowledgeable and tech-savvy lawyers I've ever met - George Socha, who has been my "go to" person on electronic discovery issues for several years.
We're doing the column ("see the first column - called "The Electronic Discoverers" - in which we take an overview of the e-discovery landscape) in the conversation style, which gives us a great structure to include guests as well as to take several views of an issue.
I invite you to try out the column and let us know what you think. If you have ideas for topics, let us know....”
Source: DennisKennedy.blog, 23 March 2004
Carolyn Elefant writes: "Although I follow Evan Schaeffer's web log Notes from the Legal Underground (a blawg that asks the question - "Can Lawyers Be Entertaining"), I have to admit that it wasn't until recently that I hunkered down to closely read his Illinois Trial Practice Weblog (Tips and Techniques for Trial Lawyers - Plaintiff or Defense). The primary deterrent had been the regional nature the blog's title; based on that, I'd assumed that the blog had little to offer in the way of general advice for litigators.
Well, I was wrong, hence this post. Evan's Illinois Trial Practice Weblog is foremost a blog on trial practice, generally - a terrific mix of Evan's own suggestions (e.g., on controlling your client in a deposition) and resources from around the web (like this outline on jury selection). And unlike other litigation resources like those from the ABA Section or ATLA, Evan's dispensing his information for free. So, whether you litigate regularly - or you're new to practice and trying to develop some skills, bookmark this resource because you'll likely reference it frequently."
Source: MyShingle, 18 March 2004
AMLAW 200 Firms Vote LiveNote, Concordance, and CaseMap Most Used Applications
From the news release: “They say good things come in threes. The latest American Lawyer Litigation Survey "Ready to Rumble" proves it. Litigation support software from LiveNote, Dataflight Software, and CaseSoft finished one, two, and three in a survey examining software choices at AmLaw 200 firms.
To acquire the results, The American Lawyer polled the heads of litigation at AmLaw 200 firms regarding what products the firm uses. LiveNote, [http://www.livenote.com/default.asp] Concordance, [http://www.rjcw.freeserve.co.uk/] and CaseMap [http://www.casesoft.com/] topped the list, earning the most votes from over 26 other products. Here's a link to the results: www.dataflight.com/pub/AmLawSurvey.pdf”
Source: TechnoRelease Tuesday, 23 March 2004
Copyright © 2004 PeerViews Inc. All rights reserved.
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From Joy London’s blog: “Dr. Petter Gottschalk, Professor of Information Management at the Norwegian School of Management, conducts knowledge management research in law firms in Norway and Australia. His latest research is included in his forthcoming book, Strategic Knowledge Management Technology from Idea Group Publishing.
The table of contents includes a chapter on law firm KM:
The Case of Law Firms
Lawyers as Knowledge Workers
Law Firm Change
Knowledge Categories
Implications for Systems Design
Knowledge Management Matrix
Empirical Tests of the KMT Stage Model
Law Firm Survey in Norway
Law Firm Survey in Australia
Comparison of Norwegian and Australian Law Firms
Gottschalk's other legal KM research"
Source: excited utterances, 24 March 2004
From the article: “Pop-ups and banner ads are the bane of many Internet users and the boon of companies trying to pitch goods and services.
They're also the topic of a number of suits in courts around the country, because when such ads use a search for one company's trademarked term to point potential customers toward a rival, it's potentially trademark infringement.
But what separates mere nuisance from something that's legally actionable? Does timing -- whether a competitor's pitch pops up before or after a consumer makes an online purchase -- matter? What if the pop-up or banner ad clearly identifies the company it serves? How does the consumer's likelihood of confusion come into play? And what First Amendment issues could be triggered if courts choose to squash pop-ups?”
Source: GigaLaw Daily News.com, 23 March 2004
(c) 2004 Dolesco LLC. d/b/a GigaLaw.com.
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From the e-newsletter: “Opera Software and IBM team to develop speech-recognition technology for a future version of Opera browser.”
Source: TVC Alert, The Virtual Chase
24 March 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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Tom Mighell posts: “One of the hazards of searching something as vast as the Internet is not knowing when you've found everything that's out there on a particular subject. Susan Feldman outlines the specific problems in The High Cost of Not Finding Information.”
Source: Inter Alia, 23 March 2004
From the blog: "Being able to judge the reliability and quality of the information you find on the Internet is a huge part of being a successful Web researcher. You'll find some helpful hints on how to do just that in the article In Search of Truth.
Source: Inter Alia, 23 March 2004
Tom Mighell posts: "Tara Calishain discusses several search engine toolbars in The Next Small Thing. Her article doesn't mention the new Viewpoint Toolbar, which is also worth a look. "
Source: Inter Alia, 23 March 2004
From the e-newsletter: "Gary Price and Barbara Quint report on the new HotBot toolbar, which integrates searching information stored on a hard drive with searching the Web. "It also incorporates a blocker for pop-up ads and an RSS News Reader syndication." With respect to computer files, it can search Microsoft Office files, PDF, RTF and plain text.
SEE, HotBot Desktop"
Source: TVC Alert, The Virtual Chase
23 March 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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The Administrative Office of the U.S. Courts celebrates the 50th anniversary of Brown v. Board of Education by providing a history of the landmark decision as well as a biography of Justice Thurgood Marshall, who argued it, and a collection of related resources. The collection of resources does not include the new Brown v. Board of Education Digital Archive at the University of Michigan.
SEE, Brown v. Board of Education Digital Archive"
University of Michigan Library
Source: TVC Alert , The Virtual Chase
23 March 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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Jeff Beard writes: "Have you visited JurisPDA lately? I was corresponding with Grace Lee (Electronic Services Librarian extraordinaire of the New York Law School, which operates the site) regarding web-based news aggregrators and she mentioned the site. JurisPDA is pretty much a one-stop shop for PDA-toting legal professionals. Particularly useful are the PDA software links which are aptly categorized for quick reference. Highly recommended Palm programs are marked with an asterisk, and are many of the programs that I've often recommended in my legal PDA presentations. There are also many tips and suggestions for using your Palm-based PDA.
Under Legal Content, you'll find links to a number of statutes, cases, procedural rules, governmental content and more. Particularly useful is the link to LawPDA, which sells updated resources such as the 2004 versions of the Federal Rules of Civil Procedure and Rules of Evidence (updated through December 31, 2003, which is pretty darn current). LawPDA publishes many of these in the popular PalmReader, iSilo, and Microsoft Reader formats.
Thus if you're a legal professional and really want to get the most and best use of your PDA, or just want to pick up a new trick or two, I highly recommend checking them out."
Source: LawTech Guru Blog by Jeff Beard, 19 March 2004
Carolyn Elefant writes: “I've long been of two minds on the question of charging for initial consultations, a topic that Matt Homann addresses in this post. From a sheer economic perspective, Matt argues that free consultations won't necessarily result in more business, particularly because the lawyer can often solve the client's problem within the scope of the consultation and thus, they have no incentive to return:
When I opened my own office, and continued the free consultation policy, I tried to find out why [only 40 percent of free consultations resulted in business]. I first thought that I had somehow failed to communicate my competence or answer the potential client's questions. Instead, I found just the opposite to be true -- in many cases I had managed to answer the potential client's questions and/or solve their problems in the initial consult. They often felt that after the initial meeting, they no longer needed a lawyer any more. Since then, I have charged for initial consultations (though other lawyers in my area still do them for free) and have never had anyone complain about the cost of the consult. Most people want to talk to a lawyer and they appreciate one who will take the time to listen to their problems and offer suggestions for solving them. After all, nobody goes to the dentist for a checkup and expects to get the service for free, even if they have no cavities.
The problem, however, with the analogy to medical services is that because of health insurance, most people don't bear the full cost of a check-up. Under most health care plans, a person can get a check up or discuss a health problem for a co-pay of $20.00 or less, which for most people is negligible. If people had to pay the full cost of a doctor's visit for a check up, I think far fewer would seek the consultation - just as far fewer prospective clients will seek a lawyer's service if they have to pay a full hourly rate out of pocket for a consultation.
Not that there's anything wrong with that, from the attorney's perspective. If a person's willing to pay full freight for a consult, it's more likely that he or she has a problem that's sufficiently serious to warrant actually retaining the attorney. But what concerns me here is that charging a fee of $100 or more for an initial client consultation interferes with a client's ability to choose a lawyer, because at that price, it's awfully expensive to shop around.
And why shouldn't a client have the right to shop around - not in an effort to get free advice but in a genuine attempt to get acquainted with a lawyer, gather references, research the laywer's background and ultimately, make a fully informed decision. When clients have a chance to comparison shop, they gain more confidence in their decision, thus leading to a strong attorney-client relationship, rather than one where a client feels resentful or "stuck" with an attorney because he or she could not afford to interview others.
Two summers ago, my husband and I decided to remodel our house. We interviewed three architects -- who did not charge a consultation fee - before making our choice. If we'd have had to pay $150 to meet with each one, we'd have likely chosen the first one who seemed acceptable and we'd have forever wondered whether we'd made the right decision. The irony of all this is that large firms - which target wealthier clients who can well afford to pay a consultation fee - virtually never do. In fact, when large firms try to reel in a piece of business, the reverse is true - it's the large firm that spends the money, investing in fancy business lunches and slick presentations in hopes of reeling in a "big fish." As a result, larger clients really have far more choices and options in selecting an attorney than the individual clients and small businesses served by solos and smaller firms.
Of course, having said that, there are practical limitations on the ability to offer free consultations. For an attorney with a high volume practice, scheduling free consultations can cut into billable time and impact business. And of course, there are clients who take advantage of free consultations for free advice or who really have no interest at all in retaining a lawyer. Lawyers need some way to separate true prospects from others or they may find themselves out of business. Several options are: requiring prospective clients to fill out lengthy information forms prior to coming to an interview to ensure some committment; charging a modest consultation fee of under $40.00 (which is along the lines of what a bar referral service charges) or answering questions briefly by phone before inviting a client to the office for a consult with a charge. Techniques like this will help strike a balance between the lawyers' need to pay the bills and their ethical obligation to maximize client choice which ensures public confidence in the legal system."
Source: MyShingle, 22 March 2004
Carolyn Elefant writes: "Ed Poll asks whether solo and small firm practitioners can survive the onslaught of the mega, full service law firm and the rising loss of public confidence in attorneys. His answer is a resounding yes in his short essay, Can We Survive? Solo and Small-Firm Practitioners Face New Challenges, Law Practice Today, (March 2004) which gives solos some quick tips on how to succeed and flourish against this backdrop of change in the profession."
Source: MyShingle , 21 March 2004
From Genie Tyburski: “Variants of the Bagle virus can infect a computer without the user doing anything other than opening an email message--even without opening the attachment--or previewing it within the email client's preview pane. I can attest to this. It happened to me two weeks ago. I opened the email, but not the attachment. I then immediately scanned by computer and found two copies of the same virus.”
Source: TVC Alert, The Virtual Chase
22 March 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From the e-news alert: “The article relates how two attorneys separately used Web technology to aid their litigation efforts. David Margulies created Factweb.net to counter bad publicity. The site became a "repository of court filings, transcripts, client commentary and other documents for reporters." Bill Brewer set up a Web site to present the views of his client in an issue that involved use of tax dollars.”
Source: TVC Alert, The Virtual Chase
22 March 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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New frontiers in candidate recruiting and client relationships
In the news: “A recent roundtable from The Recorder took an in-depth look at the issues and trends particular to the field of law firm recruiting in 2004. Comprised of leaders in the field, the panel discussed new frontiers in candidate recruiting and client relationships, and offered opinions on the directions recruiting is heading.”
Visit Lawjobs
Source: FindLaw's Today's Legal News, 22 March 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.
Blackmun's Papers and Tapes: What They Reveal, and Do Not Reveal, About
the Man, and the Court by Edward Lazarus
"Attorney and author Edward Lazarus -- who was once a clerk for Supreme Court Justice Harry Blackmun -- discusses a new angle on the public release of Justice Blackmun's papers and tapes. Much has been made of all that the Blackmun material has revealed, but what was left out? Lazarus explains how Justice Blackmun's personality shaped the record he left. Lazarus also discusses the perspective Blackmun's papers afford on the crucial 5-4 Court decision not to overrule Roe v. Wade."
Source: FindLaw's WRIT, Legal Commentary
March 15 March 19, 2004, Issue #192
Copyright (c) 2004 FindLaw, Inc. All rights reserved
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From the e-newsletter: "I always love a good set of tools. These research tools help you to navigate the Library of Congress' vast holdings. Here you'll find links to the Library's Online Catalogs, Specialized Bibliographies, Legislative Information, and Full-Text Resources. A nice reference page to have around."
Source: Internet Legal Research Weekly
Issue #149, 21 March 2004
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From The LangaList:
"Dear Fred: For the past few weeks my floppy drive in Windows XP Home doesn't work. The drive shows in "my computer", but it will not format, nor read a disk. When a known good data disk is inserted windows says the disk is not formatted. If I try to format a blank disk, the drive just spins endlessly. I replaced the drive to no avail. I borrowed a USB external floppy, but the same problem persists. Any ideas? –Steven Spiegel"
"If I were you, I'd start with the simplest potential fixes: I'd remove the floppy from the case and thoroughly blow out its guts with clean, dry air. Then I'd put it back, making sure both ends of the data cable (at the drive and on the motherboard) are firmly seated. Then I'd reboot the system, and check that the BIOS is correctly "seeing" the floppy; and adjust the settings if it isn't.
The reason for the above is that PC fans suck air through *all* the openings in the case, and that includes your floppy (and CD) drives. Over time, an amazing amount of dust and other airborne crud can accumulate inside, interfering with the drive's operation.
Likewise, over time, minor oxidation on cable pins or sockets can interfere with electrical signals. And "thermal creep" (small movements caused by repeated expansion and contraction as a PC heats and cools) can actually work a cable loose. Often, simply removing and reattaching a cable is all that's needed to reestablish a solid connection.
There can be other issues, too, such as those discussed here:
http://www.experts-exchange.com/Hardware/Q_20894267.html
http://langa.com/u/3r.htm
If it does turn out to be a hardware issue, don't spend a lot of time trying to solve it. You can buy a brand-new 3.5" internal replacement floppy drive for under $10!
Source: The LangaList Standard Edition
22 March 2004
Copyright (c) 2004 Fred Langa / Langa Consulting LLC. All worldwide rights reserved.
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· A Selected Bibliography on the Freedom of Information Act, 1980-2004
Michael Ravnitzky's bibliography focuses on the FOIA statute at the federal agency level, and includes web links, books and journal articles.
· Public Libraries and the Children's Internet Protection Act (CIPA): Legal Sources - Updated
Mary Minow has added four key new resources, from the public and private sector, that contribute to the understanding of the filtering controversy.
· Metaforix@Health: Keeping Up With Health Trends Online Through E-Letters
Lois C. Ambash reviews and provides her recommendations of a range of reliable, content-rich e-letters on health related issues, the majority of which are free.
· Notes from the Tech Trenches: Cost Effective Research
With the imminent arrival of summer associates, Cindy Carlson offers pro-active strategies for confronting the challenges associated with training professionals to conduct efficient, cost effective and appropriate online legal research.
· Wisdom From the Grammar Goddess: Commas
Diane Sandford's focus is on the nine proper uses of the often underused and misused, comma.
· Many Agency Websites Play Hide and Seek With FOIA Information
Scott A. Hodes identifies the difficulties users encounter in their efforts to obtain FOIA information from most agency websites.
· Burney's Gadgets for Legal Pros: Products From Shure Will Be Magic to Your Ears
Brett Burney recommends earphones and a headset that make a clear difference when listening to music and in hands-free talking.
· After Hours: Middle Eastern Pantry
Kathy Biehl profiles the "diverse culinary tapestry" of Middle Eastern cooking
* International Trade in Agricultural Products: Research Guide
This guide, by Lee Peoples, will appear in a special March 29 issue of LLRX.com
* Cultural Property Research Guide
This guide, by Louise Tsang, will appear in a special March 29 issue of LLRX.com
* LLRX.com Bookstore - new recommendations available"
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
18 March 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Descriptions provided by: LLRX Update, 15 March 2004
Copyright © LLRX TM, Law Library Resource Xchange, LLC. All rights reserved.
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Yahoo Adds Two Alerting Services
From the e-news: "Yahoo Alerts recently added two new services--best fares and missing children. If you travel regularly between two cities, take advantage of Yahoo's Best Fare Alert. Enter the departure and arrival cities, and then set up the alert to notify you when the price goes up or down $25.00, or when it falls below a figure you specify.
Missing Children Alerts let you help locate a missing child. When you sign up for a region you want to track, you receive notification about incidents reported in the region."
Source: TVC Alert , The Virtual Chase
19 March 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From the e-news alert" "What's new with Yahoo! News Search?
· "Yahoo! News Search gives you access to over 7,000 news sources from around the world."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
18 March 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From the e-newsletter: "Spam" e-mail is proving more irritating than ever to U.S. Internet users since a national anti-spam law took effect Jan. 1, according to a survey. Internet users are more likely to say e-mail is less trustworthy and less reliable than when they were surveyed in June, the Pew Internet and American Life Project found.” [Link]
· Read the article: Reuters
Source: GigaLaw.com Daily News, 18 March 2004
(c) 2004 Dolesco LLC d/b/a GigaLaw.com.
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From the e-news alert: "Does Your Intranet Have a Win-Win Strategy?"
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
18 March 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From the news alert: "100 Most Often Mispronounced Words and Phrases in English [Hot Links]"
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
18 March 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From the news alert: "Cindy Carlson suggests ways law students can hold down the cost of their research when working for a law firm this coming summer. Her recommendations include asking for help (You are not expected to know about all that is out there.), planning your research, opening your mind to new or unknown sources of information, and limiting the initial research to 10 minutes."
Source: TVC Alert, The Virtual Chase
19 March 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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Tax Time: IRS Is Watching Home Office Deductions
From the e-newsletter: "One of the most highly coveted tax deductions for a small business owner is for a home office. It's also an issue fraught with anxiety, because home office deductions have a reputation of being triggers for an IRS audit. . . Anyone considering a home office deduction should read IRS Publication 587, Business Use of Your Home, which lays out the parameters under which small business owners can take deductions for using parts of their homes to conduct business."
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Resource Providing Tips, News, and Resources for the Public
March 18, 2004, Issue # 24
Copyright © 1994-2004 FindLaw, a Thomson business
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From FindLaw's Personal Injury Center, get answers to frequently asked questions about car accidents and the law.
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Resource Providing Tips, News, and Resources for the Public
March 18, 2004, Issue # 24
Copyright © 1994-2004 FindLaw, a Thomson business
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From the e-newsletter: "If you are injured on the job, make sure you are informed when it comes to your rights, and the responsibilities of your employer under workers' compensation rules. Learn more:
What Are the Rehabilitation Rights of Injured Workers?
What Are My Employer's Responsibilities under Workers' Comp Laws?"
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Resource Providing Tips, News, and Resources for the Public
March 18, 2004, Issue # 24
Copyright © 1994-2004 FindLaw, a Thomson business
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