The Honorable Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, and one of his law clerks have penned a eulogy for the Fourth Amendment. It’s been murdered, Judge Kozinski and Stephanie Grace write in an editorial for The Daily, and you all are the guilty culprits.
You’ve put a knife in it, by letting supermarkets track your shopping in exchange for loyalty discounts, letting Amazon and eBay store your credit card info, and letting Google track the websites you visit and take photos of your homes with satellites.
The problem, at least constitutionally speaking, is that the Fourth Amendment protects only what we reasonably expect to keep private. One facet of this rule, known as the third party doctrine, is that we don’t have reasonable expectations of privacy in things we’ve already revealed to other people or the public…
With so little left private, the Fourth Amendment is all but obsolete. Where police officers once needed a warrant to search your bookshelf for “Atlas Shrugged,” they can now simply ask Amazon.com if you bought it. Where police needed probable cause before seizing your day planner, they can now piece together your whereabouts from your purchases, cellphone data and car’s GPS. Someday soon we’ll realize that we’ve lost everything we once cherished as private.
Did you know that giving your computer to charity can run afoul of your ethical requirements as an attorney? Did you know you had an ethical duty to be technologically competent enough to handle all of the technological aspects of a basic discovery request?
These are the kinds of questions we’ll be answering at the Legal Technology Leadership Summit. You can sign up to attend the conference here. One of the panels will feature a dedicated discussion of ethics when it comes to electronic discovery and social media.
The panel will explore these specific situations:
A lawyer “friends” an opposing party or a witness in a pending trial.
A judge “friends” a lawyer.
Lawyers fail to consolidate duplicate electronic records and perform unneeded reviews of duplicate records.
Lawyers place client data on unsecured drives.
A lawyer’s PC has unencrypted client data and is stolen at a restaurant or in an airport.
For attorneys, missing deadlines is a big no-no. BIG no-no. A Goodyear blimp-sized no-no. People have literally died because of blown deadlines. Cases worth millions of dollars get tossed out because of missed deadlines, even if someone has a decent excuse.
That being so, I do not envy the lawyer who had to tell his client that the 4th Circuit shut down their lawsuit because he didn’t know how to use his Microsoft calendar.
More about the difference between “excusable neglect” and this run-of-the-mill bonehead mistakes after the jump…
Dickie Scruggs was at one time a preeminent plaintiffs tort lawyer, with major wins in tobacco, asbestos and insurance litigation. His reign ended with his conviction for the attempted bribery of a Lafayette County Mississippi Circuit Court Judge. Former U.S. Attorney Tom Dawson was heavily involved in the Scruggs investigation and prosecution. He and political blogger Alan Lange of YallPolitics.com detailed Scruggs’ dealings in their recent book, Kings of Tort.
In their keynote address, Dawson and Lange will provide an inside look at Scruggs’ modus operandi – complicity in the theft of corporate information (paper and electronic) by a company’s employees who are later paid consulting fees; providing those records to state attorneys general for their potential use in civil and criminal proceedings; striking contingent-fee arrangements with government agencies; the well-orchestrated political and public relations campaigns that accompanied the litigation; and the funneling of political contributions to state officials.
The authors will also provide an inside view of the eight-month undercover investigation and four months of litigation that followed resulting in the conviction and prison sentences of Scruggs, and four other defendants, three of whom were also tort lawyers, including Scruggs’s son and a former State Auditor.
Maybe I’m just naive, but I find the concept of conducting any courtroom business via video enthralling but also a bit unnerving. It seems so inconsistent with the mythical and timeless ideals of the hallowed halls of justice, yadda yadda yadda.
Whether we like it or not, however, video conferencing is creeping into courthouses across the country. For example, as I previously reported, a Georgia court let a criminal witness testify via Skype.
Last week a government survey revealed that Pennsylvania state courts conduct more than 15,000 video conferences each month. More than half were preliminary arraignments, but the state used videoconferencing for warrant proceedings, bail hearings and sentencing hearings, too.
According to the survey, not only does video conferencing save the state a boatload of money, it also saves magistrate judges from having to personally interact with the pesky “derelicts” charged with crimes.
Keep reading to find out how virtual arraignment conserves dollars and judicial peace of mind….
Allegations of criminal conduct can be made against attorneys from all walks of life. An innocent-looking solo practitioner in Illinois can be accused of prostitution. A partner in a well-regarded Minnesota law firm, the incoming president of the state bar association, can be accused of molesting a child (and convicted of criminal sexual conduct, after pleading guilty).
Such seamy accusations aren’t limited to the heartland; we also see them here in New York, at elite law firms. As we mentioned last night, Moshe Gerstein — a 35-year-old corporate associate in the New York office of Gibson Dunn, who also once worked at Skadden — has been charged by the Manhattan District Attorney’s office with child pornography possession. And we’re not talking about garden-variety kiddie porn, but images of a particularly disturbing nature.
Let’s learn more about the charges against this young lawyer, have a look at Moshe’s mug, and hear from some tipsters who know him — including a former colleague….
The normally tepid e-discovery world felt a little extra heat of competition yesterday. Recommind, one of the larger e-discovery vendors, announced Wednesday that it was issued a patent on predictive coding (which Gabe Acevedo, writing in these pages, named the Big Legal Technology Buzzword of 2011).
In a nutshell, predictive coding is a relatively new technology that allows large chunks of document review to be automated, a.k.a. done mostly by computers, with less need for human management.
Some of Recommind’s competitors were not happy about the news. See how they responded (grumpily), and check out what Recommind’s General Counsel had to say about what this means for everyone who uses e-discovery products….
Sorry, we can’t help you with registering for the New York Bar Exam.
Yeah, for those who haven’t been paying attention to some of my prior coverage, the New York Board of Law Examiners occasionally has problems. Today they’ve got a big one. People were supposed to be able to figure out where they’d be taking the bar exam this summer, but things have not gone smoothly. A tipster reports:
the email with a link to the sign up for NY Bar locations for out-of-state test takers went out today at 2:36. The site crashed at 2:41. I think that the Bar Association could at least pretend to give a s*** and make an effort to make sure their equipment works.
Service has been spotty to non-existent since then. That’s okay, out-of-state test takers. I hear Albany is lovely in the middle of the summer. (/Sarcasm off.)
We can’t make registering for the bar any faster, but perhaps we can make studying for the bar a lot faster for everybody taking BAR/BRI this year…
Google announced yesterday that hackers in China had gotten access to hundreds of Gmail accounts. And it wasn’t just anyone’s email. The attack targeted senior government officials in the United States, Chinese political activists, officials in several Asian countries, military personnel, and journalists.
I have a feeling we will hear a lot more about this over the next few days. For the moment, let’s take a look at the details we know so far….
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.