Technology

That… doesn’t sound right.

We’ve already mentioned how a number of comments have been submitted concerning Australian Attorney General George Brandis’ Hollywood wishlist proposal for copyright reform in Australia. There are a number of interesting comments worth reading. I was pleasantly surprised to see the normally copyright-maximalist BSA come out against the proposal, saying that it will create a real risk of “over-enforcement, punishment of lawful conduct and blocking of lawful content including critically important free speech rights.” Dr. Rebecca Giblin, who has studied these issues and other attempts to put in place similar filters (and how they’ve failed), has also put forth a very interesting comment.

The most bizarre comment, however, has to come from Village Roadshow. Village Roadshow is the Australian movie studio that the US State Department admitted was used as the token “Australian” movie studio in the MPAA’s big lawsuit against iiNet. iiNet is the Australian ISP that the MPAA (with Village Roadshow appearing as “the local face”) sued for not waving a magic wand and stopping piracy. iiNet won its case at basically every stage of the game, and that big legal win is really at the heart of these new regulatory proposals. Apparently, Village Roadshow’s CEO still hasn’t gotten over the loss in the legal case.

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In my last column, I shared how Judge Richard Wesley of the U.S. Court of Appeals for the Second Circuit is using his iPad while on the bench. I explained how he got started using technology—by using PDFs instead of paper documents—and eventually transitioned to using his iPad for many of his judicial duties. And we learned that not only does he use an iPad, he has managed to convince some of his Second Circuit colleagues to do the same, thus reducing the amount of paper used by the judges.

It was clear from my last column that Judge Wesley is sold on the benefits of using technology. But he’s also well aware of the drawbacks—a topic I promised to cover in today’s column. So let’s get started.

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Jennifer Lawrence

In case you haven’t heard, over the weekend a whole bunch of celebrities got hacked and nude photos of them leaked onto the internet. Let me just start out by saying that hacking into a celebrity’s phone and stealing her nude photos is just a horrible thing. It’s not a funny joke. It’s not something hackers should be high fiving over. Celebrities have the right to live private lives like everyone else and they have the right to take and keep private photos. On top of the embarrassment of having their private photos available to their parents and all of their fans and every pervert with an internet connection, it could seriously damage their careers. This should be another big warning slap in the face to everyone who stores private or confidential things on the internet, especially lawyers.

What lessons can lawyers learn from this unfortunate episode?

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Our law firm does not have a Twitter account. But our consulting and patent monetization firm, Markman Advisors, does (@MarkmanAdvisors) — an active one, where we post about patent litigation-related events that are of interest to our followers. Twitter has become our number-one way of interacting with the investment community that is the target for our consulting and patent monetization services.

Yet our law firm still does not have a Twitter account — and I am not convinced it should. As a practicing litigator, I am reluctant to give out my opinions on legal issues through such a broad-reaching medium. Lawyers on Twitter either need to have a lot of guts, or follow the typical boring Biglaw marketing model. I am not interested too much in either approach.

Our engagement with Twitter is relatively recent, dating to the launch of our law firm and consulting practice. Prior to Twitter, our focus was on demonstrating our patent litigation bona fides via investor-focused articles on websites like Seeking Alpha and Harvest. The goal of that work was to demonstrate that Markman Advisors offered investors, inventors, and companies interested in patent situations a unique analytical approach, informed by our collective experience litigating big-ticket patent cases while at Biglaw firms. We were fortunate to build a following on those platforms, which led to meetings with the type of clients we were interested in representing. In the course of those discussions, we found out that for the investment community — traders, hedge funds, whomever — Twitter is a necessary and powerful communications tool.

Being lawyers, our first reaction was skepticism….

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Professor John Yoo, who deemed waterboarding wasn’t torture.

Among the many, many, many problems with running a torture program (beyond being morally problematic and with no history of effectiveness) is the fact that it makes it easier for others to justify torture programs as well. It’s now come out that ISIS has been waterboarding prisoners, including reporter James Foley whom they recently beheaded. Waterboarding, of course, was one of the CIA’s favorite torture techniques. And, of course, people had warned for years that having the CIA waterboard people would only encourage others to use the technique against Americans. Hell, even Senator Dianne Feinstein condemned waterboarding a few years ago, because it would lead others to do it against the US:

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Yesterday, a California appellate court overturned the lower court’s dismissal of a malicious prosecution claim against Biglaw mainstay Latham & Watkins. According to the opinion, the lower court was wrong on the statute of limitations, but the opinion also went out of its way to express just how likely the plaintiffs were to prevail on the merits of their claim that Latham doggedly pursued them on a “non-viable” legal theory.

Latham still has an opportunity to defend itself, but the language of this opinion is certainly not encouraging.

The plaintiff already recovered over $1.6 million in fees from Latham’s client, let’s see how they do against the firm…

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Joe Borstein

Since the launch of alt.legal, Ed and I have received a lot of very interesting emails and feedback. It is apparent that many of you read ATL literally all day love working in Biglaw, but most many have considered taking a walk onto the alternative side (sounds far more erotic than it is).

What we hope to prove to you through this ongoing column is that legal entrepreneurship is exciting, prestigious, lucrative, and, most importantly — to the many resilient lawyers out there who have remained idealistic in the face of back-to-back all-nighters — your best chance to change the legal system for the better. Moreover, despite what you think, innovation in the law is NOT just in e-discovery. Turns out, there are problems worth solving associated with almost every practice, and with each, there are entrepreneurs and innovators ready to change the game. (My co-author, Ed Sohn, is planning to write more on this underground world next time.)

Today, we profile one such entrepreneur, Adam Nguyen, who saw inefficiencies in the always-exciting process of contract review for due diligence (hey litigators, it turns out M&A lawyers have to do document review too), and leveraged $150,000 worth of Harvard Law-branded problem solving to create an innovative technology solution called eBrevia.

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Earlier this year at the (shameless plug alert) Attorney@Blog Conference, I had the opportunity to meet Guy Alvarez and Joe Lamport, founders of Good2bSocial, a digital agency that helps law firms utilize social media and content marketing to improve their business.

Look, I will be the first to tell you how powerful a good content strategy can be for a business. I even left my cushy Biglaw salary to start a company in the content space. But #Biglaw? Even I was skeptical.

So I was shocked to hear of all the law firms who were being recognized at the conference for their work in social media. How exactly would a firm use Twitter or Facebook to drive business? I decided to invite Guy and Joe to participate in a conversation about the emerging role of social media in law firms….

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Isn’t discovery fun?

Attorneys can pretty much be broken down into two categories — those who have experience with doc review, and those who have been lucky enough to avoid it. But, there will be a point in the not too distant future when the latter group will become the ultra minority. I have been preaching for years now to attorneys: “Woe unto you who fails to understand the importance of metadata.” When I am consulting with attorneys on tech issues, be it trial technology related, practice management related, or e-discovery related, I always get a large portion of attorneys who tell me (usually with their eyes), “Look, son, I haven’t needed this is the past, I don’t need it now, and I’ll never need it. Change is bad.”

Finally, I have some authority to back me up….

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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.

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