Technology

If corporations really were people, ExamSoft would have to go into hiding right now. Did you see how every New Yorker suddenly had a farm implement or a rifle to deal with Sharknado 2: The Second One last night? That’s what would happen if Mr. ExamSoft was spotted strolling past a group of bar exam takers.

But ExamSoft isn’t a person, it’s a corporation, a corporation that royally screwed up. YOU HAD ONE JOB, ExamSoft, and you didn’t get it done. In America, you are supposed to be able to get your money back when a business screws up this badly. Kids paid between $100 and $150 for software that not only didn’t work but almost ruined their lives. Saying “I’m sorry” isn’t going to cut it.

Unfortunately, “I’m sorry” seems to be the only thing ExamSoft is willing to do at the moment…

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Supreme Court Sets New Indefiniteness Standard

In Nautilus, Inc. v. Biosig Instruments, Inc., Appeal No. 13-169, the Supreme Court vacated and remanded Federal Circuit’s reversal of summary judgment because the Federal Circuit’s definiteness standard was too lenient.

Biosig filed a patent infringement suit claiming Nautilus’ exercise machines infringed its patent. Biosig’s patent claims a heart rate monitor that includes a “live” electrode and “common” electrode “mounted . . . in spaced relationship with each other.” The district court granted Nautilus’ motion for summary judgment on the basis the claim term “in spaced relationship with each other” failed the definiteness requirement of 35 U.S.C. § 112, second paragraph. The Federal Circuit reversed and remanded, finding a patent claim meets the definiteness threshold so long as the claim is “amenable to construction” and the claim is not “insolubly ambiguous.”

The Supreme Court held the Federal Circuit’s test does not satisfy the statute’s definiteness requirement and can leave courts without a reliable compass. The Court held a patent is invalid for indefiniteness if its claims, read in light of the specification and the prosecution history, fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention. The Court emphasized this standard not only takes into account the inherent limitations of language, but also requires a patent must be precise enough to afford clear notice of what is claimed. The Court vacated and remanded to the Federal Circuit for reconsideration under the proper standard.

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I’m a technology geek. I’m cognizant of the argument that a not entirely thought-out prosecution could lead to the suppression of ideas and technology, and I have no desire to do that.

Wesley Hsu, chief of the cybercrime unit at the U.S. Attorney’s Office in Los Angeles, explaining his approach to prosecuting cases. You can check out Kashmir Hill’s interesting profile of Hsu over at Forbes.


Social media is an excellent way for you to nurture relationships with your largest clients. But if you are like 99% of lawyers, you don’t do it.

Some of you have unfounded fears that engaging clients via social media could be unethical, some of you don’t know how to do it, and some of you lack the ambition to try.

Here are nine steps to engaging your top twenty clients via Twitter:

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Often times, lawyers get a reputation as Luddites. Refusing to be up to date with the latest technology, it takes only the smallest set back to have attorneys running back to old fashioned ways. So, I am sure many readers, even those of you not currently taking the bar exam, probably had a visceral reaction when you heard about the extensive tech issues surrounding the July 2014 exam. Lat even called it “the most serious bar disaster I’ve ever covered in the eight years since I started Above the Law.”

Yikes.

Unsurprisingly, if you followed the news on Twitter, there was also a fair amount of schadenfreude from more, ahem, established lawyers crowing about how the low-tech experience of their day was obviously superior. Elie even got into the mix.

But as bad as this whole debacle was (and continues to be) there are still reasons attorneys should reject the Luddite label and embrace technology.

Those of you directly affected by ExamSoftGate should probably wait until the sting wears off before reading…

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ExamSoft made many bar takers cry last night.

In case you’re not already well aware, last night the legal profession stood witness to the biggest bar exam disaster in history. Bar exam takers nationwide were absolutely enraged — as they rightfully should have been — because ExamSoft’s servers were overrun by thousands of aspiring lawyers trying to upload their essays before their state’s deadline came and went.

Instead of going about their business and exhibiting “forbearance with the situation” as requested by the bane of their collective existence, bar takers flocked to Twitter to shake their virtual fists in anger in tweets directed at ExamSoft.

As you can imagine, there were some very entertaining tweets being sent out. If you love schadenfreude and other people’s pain brings you pleasure, you’ll love this…

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Making life hard is a GIANT understatement. Judging from the dozens of furious emails, text messages, and tweets we’ve received over the past few hours, this appears to be the biggest bar exam debacle in history. It’s certainly the most serious bar disaster I’ve ever covered in the eight years since I started Above the Law. Bar takers around the country are in full-on meltdown mode.

Just like ExamSoft, the apparent source of the problems. An unknown number of bar candidates, but surely numbering into the thousands, cannot upload their completed exams to ExamSoft — despite deadlines for doing so (which vary from state to state).

Keep reading for disaster reports from around the country, plus statements from ExamSoft….

(Please note that we will be UPDATING this post, so refresh your browser for the latest.)

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The argument in favor of going paperless.

Let me start out with some harsh truth. When I talk about going paperless, it has almost nothing to do with the environment. There are maybe five lawyers in the whole country who really feel that their printing of exhibits is destroying Mother Gaia and are therefore motivated to go paperless.

For the rest of us, it is a matter of two things: (1) convenience, and (2) efficiency/billable hours. I know it’s weird to see efficiency and billable hours used in the same sentence without a negative in there somewhere, but if you have ever had three hours of time written off for looking all over the whole office for that one document that was dropped on the file clerk’s desk last week, you know what I’m talking about. Sometimes when you charge by the hour, it is good to work efficiently. So, I want to discuss whether it’s possible to go almost completely paperless and what steps we can take to get there.

Why Go Paperless?

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Betterment EventTransitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.

Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.

For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.

In partnership with Betterment, ATL and David Lat will moderate a panel about life in-house, featuring GCs from Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.

Details and panelists appear below…

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As some of you may already know, my goal with this column is to encourage lawyers to use technology in their law firms. I do this by featuring innovative solo and small-firm lawyers who are already using new technologies in their day-to-day practices.

In today’s column you will meet Rick Georges, a solo practitioner based in Florida who handles civil cases, both general practice and litigation matters. He also maintains a popular legal technology blog, Future Lawyer, where he discusses about emerging technologies and their use in the practice of law.

In recent months, Rick has written about how he uses a smartwatch in his practice, a concept that intrigues me, since wearable technology is the next stage of mobile computing and will undoubtedly influence the practice of law. I recently caught up with Rick and asked him to share how he uses his smartwatch on a daily basis and how he envisions using it in the future as the technology improves.

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