Ed. note: Please welcome our new legal technology columnist, Jeff Bennion.
My name is Jeff Bennion, and I am a new columnist here. I’m going to write all about how we should and shouldn’t use technology in our law practices.
I am a solo practicing out of San Diego. On top of my lawyerly duties, I get asked by lawyers to advise on all matters technical – from e-discovery to trial technology to law practice management. Usually I get brought in after people have tried and failed at something. I worked in a 200-lawyer firm, a midsized firm, and a three-person firm before going solo. I’ve written for Cracked.com on such topics as whether it’s a good idea for Amazon to sell books about knife fighting for beginners, the problems with the jury system, and, of course, the Batcave. I teach college paralegal classes.
One of the most common questions I get asked is, “How do I make my PowerPoints awesome for openings/closings/whatever?” Now, I’m a big fan of using technology in trial. I had a whole article written about all of my trial gadgets that compared me to Tony Stark. I remember how boring those hour-and-a-half classes were in law school, so I wouldn’t want jurors to sit through six hours of watching lawyers talk to witnesses for four days a week for several weeks at a time without breaking it up with some graphics or something.
Is there any case so awful that it compares favorably to nearly 20 years of warfare?
No. No, there really isn’t.
So when Quinn Emanuel’s John Quinn was quoted calling the Apple v. Samsung brouhaha “Apple’s Vietnam,” it ruffled a few feathers from the sort of people who still remember the Vietnam War as more than an inconvenience.
I love the smell of IP litigation in the morning! Smells like, victory….
That pesky expert witness is claiming that a AAA battery can’t injure your client as much as you claim. How do you undermine his testimony? Confronting him with strongly-worded questions informed by careful scientific research is one way.
Trying to electrocute him is another way.
Guess which one the lawyer chose in this case?
Oh, Watt the hell, I’ll spoil it, the lawyer tried to electrocute him….
* U.S. Attorney Preet Bharara wants to know more about why Governor Andrew Cuomo shut down an anticorruption commission. [New York Times]
* The ABA weighs in on the “unfinished business” controversy affecting bankrupt law firms, their lawyers, and their clients. [WSJ Law Blog]
* Better late than never: students and professors at UC Davis Law are pushing for the posthumous admission to the California bar of Hong Yeng Chang, who was denied a law license in 1890 solely because of his Chinese heritage. [Associated Press; South China Morning Post]
* Speaking of late, a robber sent to prison 13 years late because of a clerical error just got released. [ABA Journal]
* When it comes to billing rates, starting at the junior level, female law firm partners are still lagging behind their male counterparts by an average of 10 percent less. Boo. [Wall Street Journal (sub. req.)]
* Just in time for the graduation of one of the largest law school classes in history, the Bureau of Labor Statistics says the legal sector is shedding jobs. That sucks. Sorry Class of 2014. [Am Law Daily]
* Law school deans are dropping like flies. Since last week, at least three have announced their intention to leave their positions. We know of one more that we may discuss later. [National Law Journal]
* If you want to work as an attorney, your odds are better if you go to a Top 50 law school. Seventy-five percent of Top 50 grads are working as lawyers, compared to 50% of all others. [WSJ Law Blog (sub. req.)]
* The verdict is in on the latest Apple v. Samsung patent case, and Apple is probably pretty miffed it was awarded only $120M this time, since lawyers for the company requested billions in damages. [Reuters]
* Laura LaPlante, a 3L who was set to graduate from U. Chicago Law on June 16, RIP. [Chicago Tribune]
The issue here is really narrow, it’s about whether or not TheDirty.com is entitled to immunity under the [Communications Decency Act]. [Nik] Richie reviews all the posts. He’s said he’s looking specifically for things that will cause a rise. He wants to put dirt out on the Internet about private people.
You can’t be a judge very long without having a trial that presents concerning situations. We handle them by talking them through with the marshals…. This sounds like something that could have happened at any courthouse, at any time.
A jury trial: “the grand bulwark of our liberties.” Cross-examination: “the greatest legal engine ever invented for the discovery of truth.” I remember these quotes (from Blackstone and Wigmore, respectively) uttered grandly during Evidence or some such class in law school.
Just guessing these maxims aren’t entirely reflective of everyone’s experience. A particularly discouraging example, after the jump….
Is anyone tired of Chris Brown yet? I was tired of him months ago, then I got a second wind and am still interested in watching him crash.
Yesterday, the trial court heard a motion to dismiss by Brown’s attorney, Mark Geragos. The motion contended that the prosecutors abused the grand jury process by using it as an opportunity to test their case. Denying the motion, Judge Patricia Wynn said there is no problem with prosecutors testing their case in seeking an indictment before the grand jury.
Brown was not present at the hearing, having taken the world’s slowest flight to D.C. via the U.S. Marshals Service (five days in total). The court did grant a motion to sever Brown’s bodyguard’s trial from Brown’s trial — which was helpful to the defense, so that the bodyguard can testify for Brown in Brown’s trial…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
It’s the legal profession’s equivalent of a long-term relationship.
When Michelle Waites, Senior Patent Counsel for Xerox Corporation, attended The LGBT Bar’s Lavender Law conference several years ago, she wasn’t sure what to expect. She left having forged a lasting business relationship that still endures today.
It was during The LGBT Bar’s event – an annual gathering of more than 1,600 lesbian, gay, bisexual, transgender and allied legal professionals – that Waites first met Marla Butler, a partner at Robins, Kaplan, Miller & Ciresi LLP, who specializes in patent law.
Today, the two are still close friends as well as professional colleagues. Butler’s firm continues to work with Xerox – a business partnership forged via The LGBT Bar.
On November 19th, The Bar will present its first-ever conference outside the United States. Dubbed “A Lavender Law Experience for Europe,” the day-long Business Legal Conference will replicate programs such as the one that brought Waites and Butler together for legal professionals in Europe.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: