... permission I am reposting my good friend, Ben Steven's, post from The Mac Lawyer on the Pros and cons of Web Based Software for Attorneys. Ben Stevens, or The Mac Lawyer, ... you may know him, is an authority on using Macs in a legal practice and is one of the few lawyers who have used Macs since before the Intel switch. Web-based software is ... SaaS has proven both popular and controversial among attorneys. While some have adopted it wholeheartedly and swear they'd never go back, others have chosen to ...
July 3, 2009 09:20 pm
Constitutional Borrowing
(PrawfsBlawg)... . In Heller, to take just one recent example, Justice Breyer chided the Court for not explicitly adopting an interest balancing standard for the Second Amendment similar to the ones used in election-law, speech, and due process ... law, including experts on statutory interpretation, common law subjects, and international law-the considerations that arise when constitutional lawyers and judges engage in the practice are particular to that area in several important respects. We aim to highlight the ...
July 3, 2009 11:40 am
NTSB Motor Vehicle Safety “Most Wanted List” Still Applicable in Illinois
(Chicago Personal Injury Law Blog)As car accident lawyers and tractor-trailer attorneys in Chicago are acutely aware, transportation accidents continue to take a huge toll on our society not only in Illinois, but nationwide. In November 2008, the ... of a new Congressional bill, includes mandatory Electronic On-Board Recorders to collect data on both driver Hours of Service and accident conditions. Our top Illinois car and truck accident lawyers support action to adopt the safety improvements listed on the NTSB's Most Wanted List.
July 3, 2009 06:27 am
North Carolina's Got New Rules Of Appellate Procedure -- And No More Assignments Of Error
(North Carolina Business Litigation Report)The North Carolina Supreme Court adopted yesterday a comprehensive overhaul of the North Carolina Rules of Civil Procedure. The new Rules will apply to cases appealed on or after October 1, 2009. This post has a quick summary of the major ... to include email addresses (Rules 26(g)(3) and 28(b)(8)). Out-Of-State Attorneys The revised Rules impose more oversight on lawyers admitted pro hac. The Record on Appeal now requires the inclusion of any order that admitted an out of state attorney (Rule 9(a)( ...
July 2, 2009 06:48 pm
New Jersey's Paid Family Leave Insurance Law Goes Into Effect. Employment Lawyers in New Jersey Need to Update Employment Manuals.
(New Jersey Employment Lawyer Blog)... into effect. Employees in the State of New Jersey can now apply for six weeks of paid leave to care for sick relative or bond with a newborn or adopted child. If you are a New Jersey employment lawyer representing employers it would probably be a good idea to suggest that your clients update their employment manuals to reflect the recent changes in the law. Employees are still entitled to 12 weeks of time off ...
July 2, 2009 10:10 am
Law School 4.0: Are Law Schools Relevant to the Future of Law?
(Empirical Legal Studies)... were largely centered on the present--that professors where disengaging with doctrine and increasingly irrelevant to judges and practicing lawyers. In contrast, the gravamen of Lippe's remarks are about thought leadership and the ability to identify future solutions to macro-level ... ideas. But all-to0-often, we fail to do a coherent institutional analysis that explains why others will adopt our ideas. Skipping this step is one of the privileges (and hazards) of the ivory tower. For a more elaborate ...
July 2, 2009 09:58 am
Governance Without Law: Assessment and Transparency in the Construction of Social and Political Institutions
(Law at the End of the Day)... in this century. But that project required the unbundling of the normative and methodological assumptions of surveillance. The approach adopted in that paper was founded on the division of surveillance into four of its key aspects, normative, informatics, control, and governance, ... the values on which these institutions are grounded can indirectly control the shape of the product created--lawyers, judges, politicians and the language, values, forms and codes through which these actors operate ( ...
July 2, 2009 07:35 am
Did Apple Mislead Investors Regarding Steve Jobs’ Health? Almost certainly, yes. Then why did it not disclose the medical facts? (Part I)
(Ruling Imagination: Law and Creativity)... to look forward to returning to Apple at the end of June." Inevitably, people are asking a question lawyers representing a company whose stock is traded on public exchanges always have to ask ... would not mean Apple necessarily would disclose those facts. Apple's lawyers would have to consider what potential downside its failure to disclose those facts would ... . Id. at 849-50 (emphasis added). The U.S. Supreme Court expressly adopted the Second Circuit's test in 1988 in Basic, Inc. v. Levinson, 485 U ...
July 2, 2009 06:48 am
Minnie Solos Can't Use "& Associates" in their Firm Name
(the wasserblawg)Peter H. Berge at Minnesota CLE reports today that "At least in Minnesota, it is now unethical for solo practitioners to use "& Associates" in the law firm name. The Minnesota Lawyers Board of Professional Responsibility just adopted that rule in its new Opinion 20. The stated reason for the rule is that Rule 7.1 prohibits false and misleading statements and Rule 7.5(a) shall not use a ...
July 2, 2009 06:30 am
KREUGER: "NEW YORKERS DESERVE BETTER"
(Real Estate Law Blog)... can get done. Yes, it's a bit technical - a bunch of "whereas's" -- you lawyers will love it. But we all know the line about making laws and sausages, ... inserted themselves into the muck. The cast includes: a lobbyist for the real estate industry who is also the lawyer for the lead Senator who traded sides and voluntarily represents Senator Espada in internal ... split chamber. Other states have done so. And we can adopt new rules to provide for the ability for rank and file members to move bills to ...
July 2, 2009 06:00 am
Whither The Heeding Presumption?
(Drug and Device Law)... use if it is followed, is not in defective condition, nor is it unreasonably dangerous." Courts adopting the heeding presumption claim, as a some sort of symmetry, that a plaintiff presumptively would have ... 't read every warning that we encounter - and we're defense lawyers. Like Riley, we don't think anybody else does either. ... 2526402, at *2 (D. Ariz. Sept. 5, 2007) ("California. . .has not adopted a rebuttable presumption that the physician would have heeded an adequate warning"); Latiolais v. ...
July 2, 2009 05:18 am
What is Arbitration?
(NJ Family Issues)... . White Storage & Retrieval Sys., Inc., 240 N.J. Super. 370, 374 (App. Div. 1990). In 2003, the Legislature adopted the Arbitration Act, which in most respects mirrors the Uniform Arbitration Act. L. 2003, c. 95. The Act, which exempts ... please visit this post to print it. This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator. Legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, ...
July 2, 2009 05:12 am
3d DCA Watch -- Yep.
(South Florida Lawyers)... or wherever Florida appellate judges go to escape the unbearably massive pressure of releasing a couple of opinions once a week. So let me adopt the style of the court we love so much, as I do an abbreviated version of 3d DCA Watch in keeping with the abbreviated nature of this week's opinions. Gutierrez v. Gutierrez: Joe Klock, 4.2 Divorce Lawyer Expansion Pack (released only in beta). Guess who wins? The Collection v. Warren Henry Automobiles: Affirmed (see old case no one ...
July 1, 2009 03:00 pm
Orrick Ends Lockstep
(Above the Law)... advancing skill, and clients should not bear the cost of training associates. In the end, our goal is to deploy the right lawyer or professional for the right task at the right cost. " The three classes apply only to "partner track" associates. What are non ... compensation structure. The WSJ Law Blog has this to say about future salaries at Orrick: Orrick will adopt a new comp schedule in 2010. The "custom" track lawyers will be paid some amount less than the "partner" track lawyers. In addition, ...
July 1, 2009 12:54 pm
Michael Jackson’s Kids and the “Parent Child Relationship” - An Intro to Legal Issues with Surrogacy, Third Party Reproduction, and Adoption
(LawInfo Weblog)... woman's name is listed on the birth certificate as the mother and the man's name is listed on the birth certificate as the father. With adoption of a child, parental rights are also well-settled. The man and the woman petition the court to adopt the child, to ... to seek the advice of an experienced attorney when contemplating assisted conception, third party reproduction, surrogacy, or other methods to create your family. For more information, contact a family law attorney or a surrogacy lawyer.
July 1, 2009 12:13 pm
... today it will no longer promote associates in lockstep fashion, according to their start date. Instead, junior lawyers will now be fitted into one of three slots: the "partner" track for gunners; the custom track for lifestyle-minded associates who ... associate compensation scale, even for associates who are bumped off the partnership track. But Orrick will adopt a new comp schedule in 2010. The "custom" track lawyers will be paid some amount less than the "partner" track lawyers. In addition, ...
July 1, 2009 10:38 am
"Will Practice Make Perfect Lawyers?"
(Stark County Law Library Blog)... more appetite -- for training new associates. As the National Law Journal reports, a number of firms -- most recently, 659-lawyer firm Howrey -- are moving toward an apprenticeship model, with new associates spending time attending classes and shadowing partners on ... contract language... If you're interested in a game-changing training program, the first thing you'd do is adopt a style guide for contract drafting. That's something I discussed in this January 2009 blog post. Your only real choice ...
July 1, 2009 10:02 am
'There is a lack of respect for law down there'
(The National Law Journal's L.A. Legal Pad)You may recall LALP reporting on the Nicaraguan farm workers' lawsuit against Dole that was ultimately thrown out by Judge Victoria Chaney (not to mention the resulting film). In yesterday's OC Register Chapman University Law Professor Ronald Rotunda addresses the danger of accommodating "countries, like Nicaragua, that have adopted laws targeted against U.S. companies," adding that such practice "tilts the playing field against America." Read the whole piece here.
July 1, 2009 09:28 am
News Coverage of the California Hearing
(StandDown Texas Project)... an average of 25 years between conviction and execution. Despite what was supposed to be a narrow discussion, religious leaders, doctors, lawyers, teachers and family members of murderers and their victims seized the opportunity to rail against "state-sponsored ... a ruling on appeal last year to make the state put its lethal injection procedure up for public comment before adopting it. Morales is the next California prisoner in line for execution. Paul Elias' AP report is via the San Francisco ...
July 1, 2009 08:37 am
Happy Canada Day from Niren and Associates, Immigration Lawyers
(Visaplace.com Canada " US Immigration Lawyers)We at Niren and Associates Immigration Lawyers wish all our clients and friends a Happy Canada Day. For many of you, Canada Day is a special holiday as Canada is your new adopted home. Immigrants from around the world have chosen and continue to choose Canada as a destination to live, work and study. Our law . . .
July 1, 2009 08:28 am