iPhone

Online Password

You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from his phone and posted online. You start thinking not if, but when, shareholders will discover this embarrassment, how much it will cost the company and what legal action to take.

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Fact: Android has the majority of the marketshare (about 52%). Other fact: iPhone usage is disproportionately high among lawyers (about 67%). Third fact: Most people who have iPhones or Androids cannot talk about which phone is better and remain civil. Despite that, maybe it’s time for us lawyers on both sides to sit down and look at which phones are better for our profession.

As far as innovation, Apple took a clear early lead with the first iPhone (despite some popular opinions to the contrary) and converted a lot of cult followers lawyers. That was a long time ago. That was about the same time Hillary Clinton announced her candidacy for the 2008 Presidential race. A lot of phones have come out since then and there have been a lot of changes in how attorneys use their phones.

I have been using Android phones for about 4 years now, most recently, the Note 2 and the Note 3. I got a huge phone because I use it to read my emails, read my work documents that I have stored in the cloud, and take notes with my stylus. My colleague and fellow litigation technology consultant, Jason Peterson, has been using iPhones since the beginning and just upgraded to the iPhone 6 Plus. Together, we are going to give you an objective rundown on things you need to consider which phone makes the best phone for lawyers…

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The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.

How tech savvy are you? Take this Challenge and find out!

(This challenge is brought to you in partnership with our friends at CredSpark.)

Take the Legal Technology Basics challenge here.


* A murder suspect grabbed his phone and asked Siri to help him dispose of a dead body. I’ll bet Siri gave him s**tty directions on doing that, too. [USA Today] UPDATE 8/14/14 5:16 p.m.: Hey what do you know, USA Today is overselling the story a tad! Still, someone performed this search and he seemed to approve enough to have the photo.

* Criminal defeated by the same dastardly device that plagued a famous Far Side cartoon. [Lowering the Bar]

* Congratulations to Brooklyn Law School’s BLIP clinic for successfully fighting off a patent troll. How’s that for practical law school experience! [Medium]

* “As long as there is demonstrated interest and commitment by sufficiently financed local owners and a dedicated, passionate local fan base, leagues prefer not to move teams.” So says Buffalo Law professor Nellie Drew. Shhh. Don’t tell her about where the Baltimore Ravens came from, it would break her heart. [University of Buffalo]

* We get more worked up about law students charged with crimes. Like murder and arson. I mean, obviously Above the Law does because that’s part of our beat, but I mean “we” as in everybody. Why is that? [Law and More]

* Avvo just released a new iPhone app for lawyers. Among the new features is an opportunity to be alerted as soon as a question in your practice area is asked. [Avvo]

* Ha. This cartoon. [Twitter]

* After a two-year absence, we welcome VC Deal Lawyer back to blogging! [VC Deal Lawyer]

Screen shot 2014-08-04 at 1.27.43 PM

A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks.

Spoiler alert:

This post contains the USPTO’s ultimate decision regarding the registrability of the design and layout of various application icons as part of a computer operating system, using rectangular geometric figures in rows. However, it isn’t a spoiler for Apple’s applications referenced above (those applications have yet to be assigned to an examining attorney).

No, instead, I’m referring to a since-abandoned application that provides some interesting contrast with Apple’s applications. In 2012, Microsoft filed an intent-to-use application for the mark shown below:

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Keith Lee

It’s easy to get caught up in the day-to-day life of a lawyer. And the longer you are a lawyer, the more it will come to define you – if you let it. But it is a limiting definition, even for the best and brightest of lawyers. Take Marcus Tullius Cicero, likely the most famous lawyer in history. Upon being acclaimed for his skills as a lawyer, it is said that Cicero remarked:

“And yet he often desired his friends not to call him orator, but philosopher, because he had made philosophy his business, and had only used rhetoric as an instrument for attaining his objects in public life. But the desire of glory has great power in washing the tinctures of philosophy out of the souls of men, and in imprinting the passions of the common people, by custom and conversation, in the minds of those that take a part in governing them, unless the politician be very careful so to engage in public affairs as to interest himself only in the affairs themselves, but not participate in the passions that are consequent to them.”

— Plutarch, Cicero, Lives of the Noble Grecians and Romans (c. 75-100 AD), John Dryden translation

Here we have the greatest lawyer in all of Rome, insisting that he wished to be remembered as a philosopher — a thinker — not a lawyer. Being a lawyer was part of who he was; it did not define him….

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In too many ways, 2013 was a year that vindicated the long-standing paranoia of many Americans, particularly the more conservative. A bewildering number of stories littered the news that seemed to confirm exactly the sort of gross government overreach that previously sounded like a delusion of someone whose eyes were scanning the skies for black helicopters. In spring 2013, for example, we learned that the IRS had been targeting the 501(c)(3) applications of conservative and libertarian organizations, apparently based solely on their political and philosophical affiliations. Nothing in 2013, though, fanned the flames of political paranoia quite like revelations of the National Security Agency’s mass surveillance programs.

In Clapper v. Amnesty International USA, decided in February, the U.S. Supreme Court dismissed Amnesty International’s constitutional challenge to a portion of the FISA Amendments Act of 2008. In its 5-4 opinion, the Court found that Amnesty lacked Article III standing, in part because the plaintiffs could not show that they had necessarily been targeted for surveillance. When Edward Snowden later disclosed details of the NSA’s PRISM surveillance program, civil libertarians experienced something of a Pyrrhic victory. Standing would not be a problem in many future lawsuits because the revelation of PRISM established that millions of Americans had been subject to some NSA spying. The only question was whether that surveillance amounted to a violation of the law.

As we leave 2013 and 2014 dawns, some new developments have emerged . . . .

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Remember Ecce Homo?

* Apple gave the iPhone 5 fingerprint database to the NSA. This would be a gross invasion of privacy but Tim Cook masterminded this, so the NSA got the Ecce Homo of fingerprint image captures. [Hackers News Bulletin]

* Charlie Sheen got dismissed from jury duty after only one day. #winning [TMZ]

* Gordon from Sesame Street lost his palimony case. That’s because he was trying to duck out on the woman who mothered his “1… 2… 3… 4 kids! [thunderclap] Ah… ah… ah!” [Jezebel]

* Remember the early days of Twitter? Legal Cheek went back and found some of the earliest Tweets from British legal luminaries. It’s just funnier when you imagine an English accent saying, “I appear to be on Twitter… why, I have no idea.” [Legal Cheek]

* If you saw last week’s post on crazy people who claim that no court can try them because of maritime law, check out this epic opinion from Canada. Identifying those folks, like the maritime gang from last week, as Organized Pseudolegal Commercial Argument (“OPCA”) litigants, the opinion is 180 pages seeking “to uncover, expose, collate, and publish the tactics employed by the OPCA community.” [Alberta Courts]

* Police crack down on a motorized bar stool. That’s fair, because if there’s one motor vehicle that you’re likely to fall off… [Lowering the Bar]

* Professor Ilya Somin is touring the country and coming to a law school near you promoting his new book Democracy and Political Ignorance: Why Smaller Government Is Smarter (affiliate link). Small government does usually smart, as in “cause a sharp, stinging pain.” [The Volokh Conspiracy]

* An HLS grad working for the World Bank was rescued from the Kenyan mall hostage crisis. We wish her the best. [Daily Mail]

* Senator Elizabeth Warren and Professor Lawrence Lessig are going to be speaking at an event called “The Founders v. The Roberts Court: Corruption, Campaign Finance, and McCutcheon v. FEC” tomorrow at noon Eastern. The event will be livestreamed at the link. [Constitutional Accountability Center]

* Craigslist is suing Craigstruck, a company that specializes in delivering items ordered off of Craigslist. It’s how all those $5/hour attorneys get from place to place. Anyway, the owner of Craigstruck proposed to settle the legal dispute via football wager with Craigslist. If only all disputes could be settled this way. Video wager after the jump…

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Ed. note: Above the Law will be signing off early to begin the ATL/Kaplan Bar Crawl Review. Follow along on social media (Twitter and Facebook) or on the liveblog post after NS, or better yet, come out and join us!

* A Facebook “Like” is protected by the First Amendment. ATL Likes this. [The Atlantic]

* You can’t get a Frappuccino to go with your Kalashnikov any more. [WSJ Law Blog (sub. req.)]

* The stand-up comic judge has been shut down by the New Jersey Supreme Court in a 7-0 decision. Everyone’s a critic. [ABA Journal]

* An interview with Alan Page of the Minnesota Supreme Court, and formerly a Defensive Tackle for the Minnesota Vikings. Page’s hometown has a bust of him on display. Not so impressive until you realize he’s from Canton, Ohio. [Coverage Opinions]

* If you’re looking for some more legal content related to International Talk Like a Pirate Day, check out Buried Treasure: Finders, Keepers, and the Law. [ABA]

* A list of everything you should be doing with your time instead of getting a law degree. [Yahoo!]

* A warm welcome to Chris Geidner as the new legal editor of BuzzFeed. In addition to some great content, like his amazing profile of Edie Windsor (first link), stay tuned for “25 Ways Justice Alito Is Like This Cat.” [New York Observer]

* If you’ve upgraded your iPhone to iOS 7, you’re probably annoyed right now. Here are some tips to help preserve your battery life. We can do nothing about fixing how ungodly ugly it is. [Tuaw]

* Zynga is suing the makers of Bang With Friends alleging that the latter chose its name to take advantage of market confusion with Words With Friends. To remedy the suit, the app is considering a name change to “Bangville,” which actually works better because Bang With Friends is all about pathetically bothering everyone on Facebook to give you something you can’t go out and get yourself. [BBC]

* Ariel Castro gave some testimony. It was crazy. Enjoy! [Jezebel]

* A comprehensive legal analysis of Better Off Dead. Spoiler alert: the Paperboy was a penal code violating machine. [The Legal Geeks]

* 10 Things Only Someone Who’s Taken the Bar Exam Would Know [Policy Mic]

* Just where is the FISA Court? 10 points to Gryffindor for the “Room of Requirement” reference. [Konklone]

* The NBA luxury tax is supposed to help parity. So why doesn’t it? [The Legal Blitz]

* Brutally honest Craigslist ad for temp document review work. This will probably come down at some point, so the ad is reproduced after the jump…

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