In the news: “Many law firms loan associates, and sometimes partners, to their clients. Firms and GCs praise secondment -- named after a British military term for temporarily transferring someone -- as an invaluable way to better understand clients and bolster relationships. "I've gained an appreciation for the pressure [in-house lawyers] work under," says Orrick, Herrington & Sutcliffe associate Hsinya Shen, who spent four months at Applied Materials Inc.”
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Source: Law.Com's Daily Legal Newswire, 29 October 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.
J. Craig Williams posts: “Is there any more business casual? It's certainly different in college than in the business world. How about for lawyers?
Dress for success, according to some means to wear a coat and tie.
Is that all there is to it?
There's a dearth of information out there on what to wear when going to Court, and especially at trial.
I've asked the question to an Orange County tailor, David Welch. Apparently, there's quite a science to it. (2:30 video).
Don't forget that pocket square.”
Source: May It Please the Court, 27 October 2004
From the e-newsletter: “When Elana Back took three months off for the birth of her first child, she was well on her way to tenure. The elementary school psychologist in Hastings-on-Hudson, N.Y., had excellent performance reviews both before and immediately after her leave. But a few months later, as her tenure review approached, she says the principal and another supervisor started questioning her commitment to the job. Their reason, according to Ms. Back: She was a new mother. . . The case hasn't been presented to a jury yet, but a decision in the Second Circuit Court of Appeals that allowed the suit to go forward has already given it landmark status. By acknowledging that stereotyping about mothers is a form of gender discrimination, it opened a new door for such claims.”
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Source: FindLaw's PUBLIC ADVISOR
A Weekly FindLaw Newsletter Providing News and Resources for the Public
October 28, 2004, Issue # 56
Copyright (c) 2004 FindLaw, Inc. All rights reserved.
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Tom Mighell posts: "Who said Lexis never gives anything away for free? (except for LexisOne, of course). Edison Ellenberger points us to this helpful Training and Tutorials page, with free mini-seminars on how to get the most out of your Lexis research session. There's also a PDF file availabled titled Guide to Cost-Effective Research. Gee, free stuff and tips on controlling your research costs -- cool."
Source: Inter Alia, 28 October 2004
LexisNexis Creates Federal Agency Information System
From the website: “LexisNexis has been selected to, "create and maintain an information system for the Commodity Futures Trading Commission (CFTC). Under the contract terms, LexisNexis will create and maintain a Web-enabled, Web-accessible, fully searchable database for the storage and retrieval of CFTC's historic legislative documents. This new award continues a relationship that began in 1979."
+ EBSCO Now Offers Searchable Cited References for The CINAHL Database
Source: The RespourceShelf, 27 October 2004
Joy London posts: “Lisa Haueisen Rohrer, a recently completed her PhD in Organizational Behavior at Harvard Business School. Her dissertation, Mergers in Professional Service Firms: a Large-Scale Analysis of How Law Firm Mergers Shape Attorney Careers and the Use and Retention of Human Capital, explores how mergers disrupt labor markets in law firms in the United States. Rohrer theorizes that mergers disrupt labor markets because they interfere with daily activities in the firm and disturb the fit between the firm and the individual (the "person-firm fit"). At the individual level, she finds that mergers increase departures of associates and lower the promotion rates for those in the smaller of the two merging firms.
In The Effect of Mergers on Human Capital in Professional Service Firms, Rohrer addresses the consequences of law firm mergers on knowledge capital:
Typically, firm-specific capital relates to codified knowledge of routines and procedures specific to a certain organization. In a law firm, this knowledge might relate to a familiarity with clients of the firm as well as particular organizational knowledge and routines. However, because the people in professional service firms make up such a central component of their output, a second type of firm-related knowledge is also relevant. This organization-specific knowledge is related to social capital and arises from the relationships among the members of the firm and the fact that the skills of associates are difficult to objectively distinguish and evaluate. Since an associate’s skills are not readily identifiable, they are instead "revealed" over time to colleagues as the associate works on more and more projects with others in the firm. Therefore, the firm in which an associate is employed is likely to be a much better judge of his or her skills and be in a position to make more efficient use of those skills and abilities than other firms in the labor market.
Firm-specificity is important in mergers because a merger fundamentally changes the identity of the firm itself. In so doing, it causes existing processes, procedures and relationships to be altered and leads to a considerable amount of confusion. As a result of these disruptions, associates must renew and reframe their relationships with their partners and clients, at least temporarily lowering their firm-specific capital. Thus, I expect mergers to lower the promotion rate of associates.”
Source: Excited Utterances, 26 October 2004
In the news: “Over the years, the gun industry has successfully claimed that it isn't liable if its products are used to commit crimes. But in recent months, in three separate suits, shooting victims and their relatives have secured cash settlements from several gun sellers and one gun maker. The settlements are the first of their kind, and signal that the gun industry may be losing ground on another front -- government suits that maintain the firearms business has created a "public nuisance."
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Source: Law.Com's Daily Legal Newswire, 29 October 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.
A compilation of interesting statistics including:
* 805.3 million pounds - Total pumpkin production in states that were major producers of pumpkins in 2003. Illinois, with a production of 326 million pounds, led all states.
* 1,040 - Number of U.S. manufacturing establishments that produced chocolate and cocoa products in 2001.
* 2,715 - Number of formal wear and costume rental establishments across the nation in 2001.
Source: The ResourceShelf, 2 September 2004
From the e-newsletter: “…[A] growing number of companies are becoming more generous when it comes to rewarding long-term employees. Tired of kitschy collectibles, some employees say they appreciate the new gesture. "I can live without a plaque," said attorney Michael Staebler, who has worked at law firm Pepper Hamilton LLP for more than 20 years. Firms are switching from the dreaded company coffee mug to enviable items such as Somerset Collection gift certificates, designer watches, even month-long sabbaticals to say thanks for a job well done.”
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THE PRACTICE PAPER, Edited by Joel R. Zand, Esq.
A FindLaw Resource for Solo Attorneys and Small Law Firms
October 27, 2004, Issue # 208
Copyright (c) 2003 FindLaw, Inc. All rights reserved.
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In the news: “Although the plaintiffs bar gets the lion's share of media attention, the Defense Research Institute -- the largest association for the defense bar -- is making news. The organization has doubled in size since 1982 and has weighed in on hot issues such as tort reform and diversity. One outspoken member -- Sheryl Willert, the group's first woman and black to serve as president -- lets it be known that the DRI is no longer a bastion of the "pale, male and stale."
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Source: Law.Com's Daily Legal Newswire, 28 October 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.
Researching Labor Arbitration and Alternative Dispute Resolution In Employment
“This guide by Suzanne Thorpe and Laura J. Cooper identifies comprehensive bibliographies that discuss arbitration and other means of employment dispute resolution in unionized and nonunionized settings; texts that dispute resolution practitioners consider to be essential reference tools; sources that contain arbitration awards; sources that provide information about alternative dispute resolution professionals, and texts of procedure and ethics rules. In addition, texts, periodicals, and websites that offer additional commentary on arbitration, mediation, and other types of employment dispute resolution are identified.”
“Lois C. Ambash offers newbie bloggers a guide to tools, tips and techniques for a quick and easy start-up process.”
Source: LLRX Update
24 October 2004
Copyright © LLRX TM, Law Library Resource Xchange, LLC. All rights reserved.
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From the e-newsletter: “Legal Research Guide: How To Research
Research and How-to Guides: The School of Law Library at Southern Illinois University provides a compilation of research guides for students. While designed for use in the law school's library, others will also find them helpful. For example, Frank Houdek's "Using a West Digest to Find Cases by Subject" serves as a checklist for using the print digests. There are also guides on using statutory codes, conducting a legislative history in Illinois, researching Illinois regulations, and more.”
Legal Research Guide: How To Research, International Law
United Nations Documentation: Research Guide: This UN research guide presents an overview of the types of documents and publications issued and explains how to find them. It suggests useful starting points and summarizes various indexes for finding UN documentation. It also covers the General Assembly, Security Council and Economic and Social Council. Special attention is given to topics on human rights, international law and peace-keeping.”
Source: TVC Alert, The Virtual Chase
28 October 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From the New York Times: Plugging Into the Net, Through the Humble Wall Outlet.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
27 October 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From the e-newsletter: “Yahoo yesterday announced the launched of a search interface for handheld devices. Those with WAP-enabled cell phones and PDAs can conduct Web searching, as well as searching for images and local businesses."
Source: TVC Alert, The Virtual Chase
28 October 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: “Google has compiled a one-page (when printed) list of common and advanced search commands with examples showing how they should be used. Librarians might want to note the asterisk, which serves as a word placeholder. For example, the query, "ballard * andrews" (without quotations) finds references to the law firm, Ballard Spahr Andrews & Ingersoll. By the same token, "ballard ** ingersoll" delivers similar results. The order in which you place the search terms does not seem to matter.”
Source: TVC Alert, The Virtual Chase
28 October 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From a letter to Fred Langa: “I would like to bring your attention to this site which offers links to some of the more popular anti-malware programs and also easy to understand tutorials for using them in an optimal manner. I have it right at the top in my favorites in a folder named AAAAA.
Thanks for great newsletter, Bruce”
Source: The LangaList Standard Edition
28 October 2004
Copyright (c) 2004 Fred Langa / Langa Consulting LLC. All worldwide rights reserved.
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Cindy Chick posts: “Some people firmly believe that LexisNexis has the best news coverage of the two major online legal vendors. But Westlaw could always tout the Wall Street Journal and other Dow Jones content, very high value stuff not available on LexisNexis. Not for long....by March 2005, LexisNexis will be the exclusive provider of Factiva content to the legal market.
Is this bad news for West? Hard to say. That depends upon how well their new source for news, Dialog, holds up to the competition, though it's hard to see how the loss of the Wall Street Journal could be a good thing. Though Westlaw has announced the addition of the New York Times, previously only available on Lexis.
And to top it all off, a recent Newsbreak on the topic indicates that legal customers currently subscribing to Factiva will be required to migrate to Lexis for that content. Factiva direct will no longer be an option for them. It's unclear to me whether this would also apply to the Wall Street Journal Online.
How the Factiva content will be offered via Lexis/Nexis. Will it be a gateway? Integrated with their other news content? I've got more questions than answers. My more immediate concern is that all my Westlaw Intraclips keep on working!…"
Source: LawLibTech, 26 October 2004
Ron Friedmann posts: “I have previously suggested (blog post and article) that law firms might be able to reduce occupancy cost and free-up time (billable or personal - to be negotiated) by allowing or encouraging lawyers to work at home or in satellite offices some number of days per week. The idea is that less office space is needed if lawyers work at home more.
A range of obstacles could make this difficult (and my article discusses these). One is that lawyers are needed in the office. Part-Time Culture Grows at Firms in the National Law Journal (10/26/04) reports that an increasing number of firms are open to part-time lawyers, including those on the partnership track. It strikes me that if firms can arrange work for part-time lawyers, they can also arrange work and schedules for full-time lawyers who spend time working outside the office."
Source: Strategic Legal Technology, 26 October 2004
Judge in Dallas Throws Party to Returning Offender
From the website: “Billy Wayne Williams is a criminal rounder in Texas. About a year ago, he bolted during the course of an assault trial in Dallas before Justice Faith Johnson. Her Honour apparently was not discouraged with the lack of an accused and she completed the trial. After a finding of guilt she sentenced Billy Wayne in absentia.
Police recently arrested the man and they brought him before Her Honour. The judge was so pleased that before Billy Wayne’s appearance she had the courtroom decorated with balloons and streamers and ordered a cake to be brought in for the event. The cake had Billy Wayne’s name on it and one lit candle representing the year he was loose.
Her Honour’s sense of humour did not quite reflect itself in the sentence; she gave the gentleman life in jail.
The accused, on the other hand, was not amused with the party. It is possible that a complaint will be lodged to the Texas Commission on Judicial Conduct as there is an appearance of violation of decorum and impartiality.
If there is a complaints hearing I would like to make some suggestions. When the judge enters the hearing room, there should be a platoon of horns and fanfare announcing Her Honour’s entry. The commission members should greet the judge three “oyez” and then each throw a cream pie in her face. This of course would be washed off with shpritzes of cold seltzer.
Hopefully the judge would be given a harsh disciplinary sanction and when the commission members read their verdict, the hearing room would be filled with sounds of canned laughter.
Hey, I am sure the judge would appreciate the festivities as she has already demonstrated to us that she likes to party.
I do have one last thought. I wonder if at his hearing Billy Wayne at least ended up getting a piece of that cake.”
Source: Legal Humour News – 27 October 2004
(c) 2004 by Daniel Strigberger. All rights reserved.
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“Details here from the AP via the Modesto Bee.”
Source: The legal Reader, 26 October 2004
From the blog: “According to this News.com article (via ResearchBuzz), the Wall Street Journal website will be available for five days, beginning November 8, with no fee for access.”
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
25 October 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Tom Mighell posts: “I have been an XMRadio subscriber since last Christmas, and it's just about the only radio I ever listen to nowadays. Having access to commercial-free, CD-quality radio 24/7 makes me wonder why I ever listened to commercial radio at all. And now you can see what all the fuss is about. XMRadio is offering three days of free Internet access to its stations, to see if you like it. Check it out.”
Source: Inter Alia, 26 October 2004
From the blog: “Originally published in the June/July 2004 issue of Law Office Computing, the article reviews both free and fee-based services for receiving news via e-mail. Some of the sources covered include Factiva, ShadowTV, CBS MarketWatch, Rocketinfo Desktop and Nexcerpt.”
Source: TVC Alert, The Virtual Chase
26 October 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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Carolyn Elefant writes: "If David Boies had remained a partner at blue chip New York firm Cravath, Swaine and Moore, today, he'd no doubt be incredibly wealthy and enjoy the fame and adulation of a small, elite bunch of Am Law Top 100 law firm lawyers familiar with his work. Today, Boies is still rich and famous, but he's also practically a household name because of his work on Microsoft anti trust, Bush v. Gore and Napster just to name a few. More importantly, these historic cases have given Boies an opportunity that most lawyers never have: to gain a kind of immortality by participating in the making of precedent.
In my mind, this fame - as well as Boies' new book and talk of a movie (reported in today's article, David Boies: the Lawyer, the Book ... the Movie?, Julie Kay, Miami Daily Business Review (10/25/04) came only because Boies had the nerve to walk away from a 30 year career at a large firm and start his own practice. Of course, Boies' firm didn't stay small - these days, the firm is comprised of 60 attorneys - but he managed to hit it big precisely because he dared to "go small" on his own. To my fellow solo and small firm lawyers (many of whom want to grow as big as possible as our preliminary poll suggests), keep on working and you too may end up as big as Boies. And to those attorneys grinding away, well-paid but obscure at a large law firm, ask yourself, as Boies likely did once, if big is really big enough for what you want to achieve."
Source: MyShingle, 25 October 2004
In the news: “Courts and law professors often praise "fair use" as the counterweight that balances copyright with free expression. Those who actually litigate fair use cases say it's the copyright owner who has the advantage. But now -- thanks to a federal court decision involving dissemination of internal e-mails about electronic voting machines -- the times, they may be a-changin', for ISPs, Internet publishers and others, says attorney Fred von Lohmann.”
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Source: Law.Com's Daily Legal Newswire, 26 October 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.
From the e-newsletter: “A couple of weeks ago, a question appeared on one of the info pro email discussion lists I read, asking for the source of a quote by Rosabeth Moss Kanter, the well-known professor at Harvard Business School. It didn't show up in the standard sources for quotations, and a quick web search didn't turn up anything either.
A-ha, I thought! Finally, a chance to try out A9.com, a relatively new search engine from Amazon.com. One of the features that sets A9.com apart from its competitors is the inclusion of "Search Inside the Book" results from Amazon.com -- the program that allows you to search the full text of over 120,000 current books. And yes, the quote finally surfaced within one of Moss Kanter's books.
A9.com is an interesting hybrid: part general-purpose search engine, part specialized search tool, part web resource management tool. Note that many of the features of A9 are only available if you sign in, using your Amazon.com log in. If you ever want to anonymize your searching, just click the "Sign out" link at the upper right corner.
One of the most obvious distinctions of A9 is that search results are displayed in five columns: Web Results (from A9's search index, "enhanced by Google" and Alexa), Book Results (from Amazon's "Search Inside the Book" feature), Image Results (essentially Google's Image Search), Movie Results (from IMDB.com), and Reference Results (links to ready-reference results from GuruNet, including several dictionaries, a thesaurus, lexicon and translations of the search term into 14 languages). You can select which of these Results columns you want to display; since each column is fairly narrow, pull the borders of each column to expand or contract it for easier reading.
A9 also keeps track of all the web sites you have viewed -- essentially a visible version of the History file maintained by your browser (and if this bothers you, you can click the Sign Out link, as A9's History feature only tracks users who have signed on to Amazon.com).
You can bookmark any web sites you find useful; however, this feature requires that you install the A9 toolbar, at http://toolbar.a9.com. Presently, the toolbar only runs on Internet Explorer, although A9 promises that "We are working to extend the toolbar to other browsers." A search on A9 automatically searches for the term(s) in the titles of any bookmarked pages, suggesting that this may be a way to make those unmanageable bookmark files a bit more accessible.
In addition to the History and Bookmark options, you can create a Diary of sites you have viewed, including whatever additional text you wish to add to the link to the page (which is searched along with the Bookmark links whenever you use the A9 search feature). Again, you need to use the A9 toolbar to create a Diary entry. Both the Bookmark and Diary features are particularly useful for maintaining a centralized collection of resources, independent of what computer you are working on. For those of us who are on the road too much of the time, this is a real godsend.
As much as I am experiencing toolbar glut, I am taken by the fuctionality of the A9 search engine and its toolbar. Once A9 offers a toolbar for Mozilla, it's going to be an essential part of my search tools.
A version of this Tip with live links is available at http://www.batesinfo.com/tip.html
Source: Mary Ellen Bates' Tip of the Month, 25 October 2004
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Sabrina posts: "From the press release: "The AOL/ NCSA Online Safety Study (9 pages, PDF) – conducted by technical experts in the homes of 329 typical dial-up and broadband computer users – found that most computer users think they are safe but lack basic protections against viruses, spyware, hackers, and other online threats. In addition, large majorities of home computer users have been infected with viruses and spyware and remain highly vulnerable to future infections. Yet at the same time, most keep sensitive personal and financial information on their computers."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
25 October 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Blakely Blog: “Two Columbia Law School students are tracking developments, opinions and documents relating to the U.S. Supreme Court's decision in Blakely v. Washington. The Blakely decision deals with the constitutionality of the federal sentencing guidelines. In addition to commentary, you will find links to the court's opinion and several briefs.”
Blakely v. Washington: “Punch and Jurists, Ltd. offers this compilation of primary legal documents, case law and commentary on the U.S. Supreme Court's decision in Blakely v. Washington. The Blakely decision deals with the constitutionality of the federal sentencing guidelines. The compilation includes some information that would be difficult to track down. For example, it reproduces select email from lawyers pertaining to the decision. You will also find documents filed in the case, documents filed in related cases, select appellate cases, published and unpublished commentary, select government documents, an annotated list of Web sites covering Blakely and articles from the press.”
Source: TVC Alert, The Virtual Chase
26 October 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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In the news: “The no-doubt well-spoken William Shakespeare once said, "Mend your speech a little, lest you mar your fortunes." Consultants in the field agree. Some lawyers' crimes of the tongue aren't doing them any favors, career-wise. Bad talk can result in broken deals and dead-end interviews, say three national consultants regularly employed by law firms and individual attorneys.”
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Source: Law.Com's Daily Legal Newswire, 25 October 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.
From the e-newsletter: “Searchday reports on UpSnap, a service that enables finding telephone directory listings via text messaging on a cell phone.”
Source: TVC Alert, The Virtual Chase
25 October 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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Carolyn Elefant writes: This article, Solo, Small-Firm NY Attorneys Struggle With CLE, Elizabeth Stull, NY Lawyer (October 22, 2004) details the added burden that continuing education requirements (CLE) impose on solo and small firm practioners. As the article describes:
The burden of CLE appears to weigh most heavily on small law firms, which typically have limited funds and spare time. Large firms and district attorneys' offices have become accredited to provide their own CLE programs, and attorneys at non-profit groups and government agencies receive steep discounts for CLE programs offered by Legal Services of New York City's Legal Support Unit. But many small firms eat the cost of the courses offered by bar associations, commercial entities, vendors and other accredited providers. Even at a relatively modest price of $20 per credit, paying for the 24 required credits more than doubles the cost of maintaining a license, adding $480 to the biennial $350 registration fee.
Moreover, the CLE requirements have enabled groups like the Federal Bar Council to sustain pricy retreats hosted in exotic places like Four Seasons Resort in Hawaii. The events enable lawyers who can so afford them to network with judges - which lawyers say help them to understand how the judges think and analyze arguments in court. Still, I wonder how much "education" actually takes place at these meet and greet events which count towards CLE. So why should already busy solos have to waste their time and money on CLE?
Honestly, the best way to keep up with current legal issues is either to write a blog or read them. Blogs provide a constant influx of new legal developments and commentary every single day - and in the long run, make lawyers far more aware of new developments than a one hour CLE class where you're not even obliged to listen. To enforce the requirement, lawyers could sign a certificate stating that they read a particular blog over a, for example, six month period. Sure, lawyers could lie, but again - what's to prevent a lawyer from claiming CLE credit in an in-person class from simply snoozing through the class or returning emails on a Blackberry? Despite all the support for CLE, you can't force lawyers to learn. But blogs are so engaging and addictive, that once exposed to them, it's my bet that most lawyers couldn't resist their allure - and their wealth of information - for long."
Source: MyShingle, 22 October 2004
From the e-newsletter: “America Online and the National Cyber Security Alliance (NCSA) today released the results of a survey of 329 consumers, which reveal most people believe their unprotected home computers are secure. Seventy-seven percent "of the survey respondents believed they were safe from online threats, [but] two-thirds lacked current anti-virus software and did not use any firewall protection. More than half said they did not understand the difference between the two." Moreover, eight-four percent "stored personal data on their home PCs, and 72% routinely used the Internet for sensitive transactions, such as banking and medical data exchanges."
The consumers allowed technicians to examine the computers. Eighty percent contained several spyware programs. "About 1 in 5 computers were infected with at least one computer virus."
RELATED, How Safe Are You?
RELATED, Top Ten Cyber Security Tips”
Source: TVC Alert, The Virtual Chase
25 October 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From the site: “Summary:
Internet scams cannot be thwarted by placing the burden on users to defend themselves at all times. Beleaguered users need protection, and the technology must change to provide this.
Instead, we need to take several specific steps:
· Encrypt all information at all times, except when it's displayed on the screen. In particular, never send plaintext email or other information across the Internet: anything that leaves your machine should be encrypted.
· Digitally sign all information to prevent tampering and develop a simple way to inform users whether something is from a trusted source. This might, say, replace current stupid security warnings that people don't understand because they expose the guts of the technology. ("The security certificate has expired or is not yet valid." Aha. And what does that mean to a normal person?)
· Turn on all security settings by default since most people don't mess with defaults. Then, make it easy to modify settings so that users can get trusted things done without having to open a wide hole for everybody.
· Automate all updates. Most virus software downloads new virus definitions in the background, which is a good first step. The automated patching introduced with Windows XP's SP2 is also an improvement.
· Polish security features' usability to a level far beyond anything we've seen so far. Security is inherently complicated, and it's something users don't care about (until it's too late). The user interface requires the ultimate in simplicity. Heavy user testing and detailed field research are a must.”
Source: Jakob Nielsen's Alertbox
25 October 2004
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From the blog: "For each voter, there is just one location where they can vote on election day. It is called a polling place or precinct. To find your polling place, type in your street address (for example, 123 Constitution Ave) and ZIP code... click the "Find My Polling Place!" button. Your address will remain private." [Link]"
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
22 October 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From the e-newsletter: “Lawyers using Blackberry handheld devices can search Lexis and access "topics" created with LexisNexis Publisher. Information available via wireless access includes full-next news, business, legal, public records, and regulatory and legislative information sources. For current LexisNexis subscribers, there is no additional charge to access LexisNexis content via BlackBerry.”
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
22 October 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Carolyn Elefant writes: “This week, Federalist No. 84 guest blogs at the Legal Underground on Turning a Blog Into Your Blawg: Fourteen Steps to Finding Your Voice in the Blawgosphere. Read the post if you're thinking about starting a web log.”
Source: MyShingle, 20 October 2004
In the news: “As GCs narrow their choice of outside counsel, law firms such as Morrison & Foerster, Pillsbury Winthrop, and Gray Cary Ware & Freidenrich are paying consultants hefty sums to pry some straight talk out of key clients. While most corporate counsel say they care about cost and quality, the in-person interviews may serve another important purpose: They demonstrate that the law firms are keenly interested in maintaining good client relationships.”
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Source: Law.Com's Daily Legal Newswire, 22 October 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.
From the e-newsletter:
" **Cache and Carry: Staying Connected Wirelessly
This guide for the road warrior is replete with information about, and links to, services, gadgets and applications. Chris Hayes reviews the advantages as well as limitations of a range of wireless services, pricing for various configurations, and product comparisons.
**Research Roundup - Federal and State Election Resources -- Updated
Kathy Biehl's timely and comprehensive guide catalogues federal, state, and U.S. territory sites with election resources, inclusive of information about the upcoming ballots.
**Notes From the Technology Trenches: Lexis and Westlaw Revisited
Cindy Carlson provides an overview of the changes in services, features and content offered by the two major legal database providers. This article is targeted to both researchers and trainers."
Source: New on LLRX.com for October 17, 2004:
Copyright © LLRX TM, Law Library Resource Xchange, LLC.
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In the news: “The obvious idea behind voice and data network convergence is that all of your firm's voice and data packets will travel on the same network, weaving and merging on the same lanes of the information superhighway. A good techie will immediately realize that one network is easier to maintain than two. For those who work at the director level, one robust network means less cost and the ability to offer more features to users.”
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Source: Law.Com's Daily Legal Newswire, 22 October 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.
Glenn Garnes posts: “Top Internet Telephony providers like Vonage and Net2Phone are making the move to take Voice over Internet Protocol phone service into the WIFI arena. This means that hot spots may now become wireless telephone booths.
So, what does that mean for cell phone users? Maybe nothing, but at least there will be another telephone calling option available when you are close to a WIFI hot spot. And with companies like Heritage bringing WIFI to your neighborhood hot spots will eventually be everywhere traditional cell towers are now.
Keep an eye on for further developments in this technology. It's promising.”
Source: ESQlawtech, 22 October 2004
From the e-newsletter: “A PC Magazine editor takes a close look at the quality of Web search results and doesn't like what he sees. The algorithms that calculate relevance based on links to a source--and as he points out, all major search engines do this--turn information retrieval into a popularity contest. "Valid and important information is being pushed aside in favor of popular opinion campaigns. Bloggers are, whether they mean to or not, helping search engines like Google to mislead people and possibly destroy the veracity and usefulness of Web searches."
No, no, no. If the results of a Web search are useless, it's more likely because the searcher hasn't given thought to where he will find what he seeks. If you use search engines to find answers instead of sources, you'll be disappointed, unless you are seeking basic facts or opinion.
Take the editor's example. He wants to find information about himself--a vanity search. He expects the newer articles he's written, which theoretically cover more relevant topics, to appear at the top of the list. But to his dismay, articles made popular by the number of links to them rise to the top of the results list. It stands to reason they are the older articles and older opinions about the articles.
When you search the Web, you are searching unstructured (disorganized, undefined) information. You are also searching more opinion sources than content governed by editorial policies. If you want to limit the results of a search to mostly reliable sources, you have to select a search engine that controls the content it makes available. In this example, Factiva, or even the search engine at the PC Magazine Web site, would have been a better choice.
On the other hand, if you want to discover what the free Web thinks of you, a Web search engine is an appropriate tool. If you don't like the answer, don't kill the search engine. It's just the messenger.”
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
22 October 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From the e-newsletter: “Google yesterday announced it had fixed a hole in its desktop search product that would have allowed a hacker to inject malicious code to redirect data (such as a search) to another server. The article mentions the discovery of a similar flaw without describing what it is.”
Source: beSpacific- Accurate, focused law and technology news by Sabrina I. Pacifici
22 October 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From the e-newsletter: "What is the difference between burglary and robbery? What does "disorderly conduct" mean? The "Crimes A to Z" section in FindLaw's Criminal Law Center offers definitions for over 40 common criminal acts, and links to related criminal laws in your state."
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"If you are thinking about preparing an estate plan, the "Estate Planning 101" topic in FindLaw's Estate Planning Center can help, with articles and resources that introduce you to the basics of an estate plan -- including discussion of the benefits of estate plans, tips on gathering important information, and a dictionary explaining common terms used in the estate planning process."
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Estate Planning, Wills, and Trusts: Get Help Now
Source: FindLaw's PUBLIC ADVISOR
A Weekly FindLaw Newsletter Providing News and Resources for the Public
October 21, 2004, Issue # 55
Copyright (c) 2004 FindLaw, Inc. All rights reserved.
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Ernie's find: "Most children could answer this question. But just because a child could answer it doesn't mean that it can't become the pivotal issue in a lawsuit. In Mayor v. Wedding, page 4, the court explains that:
"The dispute in this case is whether the cow was a "land motor vehicle" as defined in the policy. While a cow is designed for operation on land, we do not believe a cow is a "motor vehicle." The policy at issue does not separately define "motor vehicle;" therefore we must look to the common, ordinary meaning of this term."
Thanks to Jeff Richardson for bringing this important legal decision to our attention."
Source: Ernie the Attorney, 20 October 2004
In Entrepreneur Magazine: “Lawyers are famous for impenetrable jargon, but when Jeffrey Unger talks about how he practices law like an entrepreneur, his words are crystalline. "It means I am willing to make an investment of time and capital to grow this business like my clients do," says the 35-year-old Beverly Hills, California, attorney. In any language, Unger's approach to running a law firm is decidedly entrepreneurial.”
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Source: THE PRACTICE PAPER, Edited by Joel R. Zand, Esq.
A FindLaw Resource for Solo Attorneys and Small Law Firms
October 20, 2004, Issue #207
Copyright (c) 2003 FindLaw, Inc. All rights reserved.
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In the news: “After four years of litigation, major insurance companies are settling suits and regulatory actions for allegedly charging African-Americans higher premiums than whites. So far, the tailspin has cost the industry $497 million in settlements to owners of 6.9 million policies. Plaintiffs lawyers say the civil litigation started when attorneys from five firms began discussing what they saw as a history of overt discrimination, in some instances stretching back to policies written in 1900.”
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Source: Law.Com's Daily Legal Newswire, 21 October 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.
From the blog:
· Election Concerns: Will Your Vote Count? Are You Sure?
"Diana Botluk focuses on resources to assist voters in the process of ensuring the integrity of the upcoming elections. She also documents volunteer services for legal and IT professionals to assist in election monitoring, as well as pending federal legislation on verified voting."
· Law Firm Marketing: Webinars For All of Us
"Andy Havens illustrates the advantages of using web seminar technology, which include the flexibility offered to participants, multiple useful features, and a range of cost options."
· Notes From the Technology Trenches: Lexis and Westlaw Revisited
"Cindy Carlson provides an overview of the changes in services, features and content offered by the two major legal database providers. This article is targeted to both researchers and trainers."
· FOIA Facts: FOIA Decision 2004
"Scott A. Hodes offers his perspective on how the upcoming election may impact FOI issues."
· Burney's Gadgets for Legal Pros: A Tablet PC for Lawyers in Motion
"Brett Burney reports on new innovations in table PC hardware, features and software that make it worth another look at this product."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
20 October 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Annotations from: "New on LLRX.com for October 17, 2004."
Copyright © LLRX TM, Law Library Resource Xchange, LLC.
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From the e-newsletter: “On your XP or 2K system (or Linux box, for that matter), you should set up at least two accounts, even if you're the only user. One account should have full admin privileges, and the other should have much more constrained settings. You "live" mostly in the second account so that if that account gets hacked, infected, or otherwise compromised, the risk to the system as a whole is reduced. You then use the Admin account to do cleanup and system-wide maintenance.
There are a number of tricks and shortcuts that make this arrangement less cumbersome than it sounds.”
See "Single User / Multiple User Accounts" and Aaron Margosis' WebLog subtitled "The Non-Admin blog - running with least privilege on the desktop."
Source: The LangaList Standard Edition
21 October 2004
Copyright (c) 2004 Fred Langa / Langa Consulting LLC. All worldwide rights reserved.
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From the e-newsletter: “Google fixed a reported security flaw in the new Desktop Search tool that would have allowed a cross-site scripting attack. Cross-site scripting occurs when one source injects code into another. In the case of the desktop tool, a hacker could have inserted script into any of Google's Web pages to redirect data, such as personal or financial information, to the hacker's servers. A Google representative said, "'We have since fixed this vulnerability, and all current and future Google.com users are protected.'"
RELATED, Search Beyond the Internet [Free Registration Required]
Wall Street Journal
(A positive review of Google Desktop Search, Amazon A9, My Yahoo Search and Clusty.)
Source: TVC Alert, The Virtual Chase
21 October 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: “Startup company Affini plans to offer a spam-blocking email service similar to Mailblocks. However, it will eventually charge advertisers to send unsolicited mail to recipients. Recipients will be able to opt-in and collect for receiving spam.”
Source: TVC Alert, The Virtual Chase
21 October 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From the blog: "The Chicago Tribune (free registration required) has launched a major series of articles on whether various forensic techniques measure up to scientific standards. It is fair to say that the reporters are casting a skeptical eye. Sunday's introductory piece, headlined "Forensics Under the Microscope," broadly canvassed the field and pronounced it beset by "questionable science, flawed analysis and shoddy lab practices that sometimes undermine the quest for justice." A sidebar focused on research into the validity of fingerprint identification and ballistics. Today's installment, on arson investigation, says:
For decades, arson investigators relied on a collection of beliefs and folk wisdom that was accepted as truth. In the last 30 years, however, many of these one-time certainties have been exposed by research and laboratory tests as unclear or just plain wrong. . . . While engineers, chemists and other experts increasingly are employed to determine the cause of fires, some arson investigators have not accepted new scientific knowledge. As a result, prosecutors around the country still seek to convict people based on theories that have been systematically debunked.
Tomorrow's piece will focus on bite marks, with pieces on Wednesday and Thursday about disarray in Illinois laboratories and nationwide."
Source: Blog 702, 18 October 2004
In the news: “Every fall, law firms around the country bring in a new crop of young, eager associates who are hungry to put what they learned in law school into practice. They're well versed on the theoretical approach to the law, but few of them have mastered the practical approach to assisting clients. It's all about integrity, preparation and professionalism.”
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Source: Law.Com's Daily Legal Newswire, 20 October 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.
Blawg Republic: “Updated hourly, Blawg Republic is both a news aggregator and search tool for information appearing in law-related Weblogs. The home page displays headlines and lead sentences from select blawgs. It also provides categories (on the right) where you can find blawgs devoted to specific legal topics.
Search for blawg content using the simple search box that appears on every page. Both query results and blawg categories present XML-based news feeds for staying up to date with additions to the search or category. To keep up to date with blawgs added to the directory, use the site's "recently added XML feed."
Source: TVC Alert, The Virtual Chase
20 October 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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”Can your clients -- or potential clients -- easily find your Web site? And for the lucky ones who do reach it, is your site worth the trip? Few law firms fully exploit the business potential of an effectively developed Web site; a dynamic site will bring in clients and give them a reason to return. Don't let your site go the way of the thousands of law firm sites that are lost in cyberspace collecting electronic.”
Source: Small Firm Business, 20 October 2004
In the news: “Once seen at only the largest law firms, chief marketing officers are catching on. Mehul Patel, the first CMO at Howard, Rice, Nemerovski, Canady, Falk & Rabkin, is a former Cooley Godward associate and in-house counsel for PeopleSoft. But it wasn't his legal background that attracted Howard Rice; it was his business development work at CNET. Increasingly, law firms are seeking marketing talent beyond their own world -- in industries like consulting, investment banking and financial services.”
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Source: Law.Com's Daily Legal Newswire, 20 October 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.