Technology

* “Joe the Plumber” and the GOProud are friends again. I’m sure there is a joke there that would be wildly inappropriate. [MetroWeekly]

* Apparently, being a partner at Morgan Lewis makes you too liberal to be Senator from Texas. [Am Law Daily]

* Workout regimes of people truly rich enough to not work out and still pull all the ass they could possibly want. [Dealbreaker]

* It’s pretty sad that the GOP has taken voter suppression so far that the NAACP has to whine to the United Nations. [The Guardian]

* Jay-Z didn’t steal Big Pimpin’ from Egypt. Though, if this were 1970 I’d totally be “Pimp Pharaoh” and carry around a scepter. [Bloomberg Law]

* Law firm associates aren’t the only ones who need instructions on how to use a toilet. [Going Concern]

* Can your company demand your Facebook password? Next they’re going to want the keys to your house. [Not So Private Parts / Forbes]

I hope they're reading Above the Law.

Usually, it’s law professors who spend time bitching about students using Facebook and Gchatting in class. Boring, old, can’t hold an audience unless it’s captive, law professors. For the most part, I let those professorial concerns go in one ear and out the other. You’re making six figures as a law professor and you have to teach a couple of times a week. If your lecture isn’t more interesting than Minecraft, it’s your own damn fault. If you try, they will listen.

Yesterday we got something that we don’t see a lot: a letter from a law student complaining about the way her classmates use Facebook and Gchat. Yeah, apparently there is some law school out there that forces students to look at other students’ Facebook pages during class. Can you believe it… oh, wait; I’m getting new information over the wire that suggests the complaining student is just an incredible busybody who thinks she’s been elected police commissioner of other people’s in-class behavior.

Let’s delve into the mind of a person who wants to be the boss of you….

double red triangle arrows Continue reading “Is There A Facebook Snitch In Your Class?”

[C]omputer-assisted review… should be seriously considered for use in large-data-volume cases where it may save the producing party (or both parties) significant amounts of legal fees in document review. Counsel no longer have to worry about being the “first” or “guinea pig” for judicial acceptance of computer-assisted review.

– Magistrate Judge Andrew J. Peck (S.D.N.Y.), in last week’s opinion in Da Silva Moore v. Publicis Groupe et al. We have previously covered Judge Peck’s comments in Da Silva Moore and his thoughts on compter-assisted review.

With Murdoch gone, British media can return to doing what it does best.

* A federal judge tossed out a law requiring tobacco companies to put graphic warning labels on cigarette packages. If paying $7 a pack doesn’t stop you from buying smokes, I don’t think nasty photos will either. [CNN]

* SCOTUS won’t deal with Arizona’s controversial immigration law for a couple months, but the Eleventh Circuit will hear oral arguments about Alabama’s even stricter law today. But why would you immigrate to Alabama, of all places? Thomson Reuters News & Insight]

* The Seventh Circuit ruled that police can search a cellphone for its number without a warrant. Judge Richard Posner compared it to law enforcement’s ability to open a pocket diary and copy the owner’s address. The bigger question is: do drug dealers keep diaries? [Wall Street Journal]

* James Murdoch, the News Corp. heir apparent, has resigned in the wake of the News of the World scandal and related lawsuits. Now everyone can just go back to reading British tabloids for the Page Three Girls. [Los Angeles Times]

* RIP Lynn D. “Buck” Compton, the prosecutor who secured a conviction of Robert F. Kennedy’s assassin, and the Army paratrooper portrayed in the book and HBO miniseries “Band of Brothers.” [Washington Post]

Why don't jurors listen to directions?

As we heard from Elie last week, a jury is like a box of chocolates. You never know what you’re going to get. The already unpredictable American jury system has gotten even more chaotic over the last several years as the internet has become ubiquitous, at home and in court.

Juror misconduct by internet can lead to mistrials, and it’s becoming increasingly (and unfortunately) more common. Last month the Vermont Supreme Court overturned an unsettling child sexual assault conviction because a juror conducted his own research about the Somali Bantu culture central to the parties in the case.

What a mess…

double red triangle arrows Continue reading “Child Sexual Assault Conviction Tossed Because of Juror’s ‘Online Cultural Research’”

Google's new privacy policy is not this sexy.

* Remember Phillip Closius, the former dean of University of Baltimore Law, who said the university was raiding the law school’s funds? Yeah, he was totally right. Just guess what percent of the law school budget was going to the rest of the university. Starts with “A” and rhymes with “dot.” [National Law Journal]

* The humanity! Oklahoma’s worst fears have come true; American judges are enforcing Sharia Law! Whatever are we going to do? There is no solution in sight — except to maybe stop overreacting… [CNN]

* Mitt Bot won in both Arizona and Michigan last night. Can we send Santorum back to the 16th century yet? [Washington Post]

* Twenty-five suspected members of Anonymous were arrested across Europe and South America. They ain’t anonymous anymore. [New York Times]

* In other cyberlaw news, Google’s new privacy policy not only stinks, it probably violates European Union law. Hey Google, don’t be evil! [New York Times]

From SCOTUS to POTUS?

* Justice Clarence Thomas for president? Hey, it could happen. Lat and Kash’s 2010 proposal is getting a second look. [Daily Beast]

* Speaking of presidents, the Arizona and Michigan primary elections are today. I know folks on the coast often don’t pay too much attention to those middle-of-the-country states, but it will be interesting to see what the Illegal Immigration State and Crippled American Auto State have to say about our ragtag bunch of Republican presidential candidates. [New York Times]

* Emails published yesterday by Wikileaks appear to show that certain Pakistani military intelligence knew where Osama bin Laden was hiding in the months before Seal Team Six raided his garrison and killed him. I hope Wikileaks has juicier material in the pipeline? [Telegraph (U.K.)]

* Congratulations to Tony West, who will become acting associate attorney general, the No. 3 post in the Justice Department. [Chicago Tribune]

* Interesting report on tensions between the White House and the NSA, which has tried to get permission to monitor private web activity, perhaps at the expense of privacy. But Google knows everything you do on your computer, so why shouldn’t the government? [Washington Post]

Howrey dissolved almost an entire year ago, but its bones are still filling warehouses and servers across the world, and costing hundreds of thousands of dollars in storage fees.

The firm’s estate is embroiled in the painstaking process of destroying old files or returning them to former clients. There is still a long, long way to go. In today’s Washington Post, we get to see a vivid illustration of the problems involved in putting to rest a massive law firm that bridged the paper and electronic eras.

It is also a good cautionary tale for other firms: these documents will not just go away, even if your firm bites the dust…

double red triangle arrows Continue reading “Howrey’s Old Client Files Are Neither Gone Nor Forgotten”

This week’s column was initially going to be about setting fees, but then two lawyers pissed me off so I’m now writing about why technology sucks and needs to be controlled like a screaming 2-year-old on an airplane.

I took Friday off to chaperone a field trip with one of my kids to the Everglades. I promise if I ever get a Pinterest account I’ll post all the pictures of the alligators. On Thursday, I did everything but wear a shirt that said, “I WILL NOT BE IN THE OFFICE OR AVAILABLE FRIDAY.” I also emailed some annoying people that haven’t been out of their office, ever.

That day, one lawyer I emailed responded something to the effect of, “I know you’re going to be out tomorrow but,” and then asked me to do some work on our matter. The other lawyer called Friday morning, was told I was out and said, “Can you have him call me to discuss a case even though he’s out?”

Yeah, we all have smart phones, we’re all getting email in real time, and regardless of what we’re doing, the other side can’t comprehend that we are either really not available, or just don’t want to be available. Maybe we’re looking at alligators with our kids while our phone is back on the bus.

Being out of the office (and for those that don’t have an office, “being out of the office” is a concept, not a physical geographical location issue) is something lawyers need to do to avoid hating the practice of law, but it is becoming more and more looked down upon….

double red triangle arrows Continue reading “The Practice: Technology and the Lost Art of Unavailability”

Working as a process server is a tough job. It might be one of the few modern professions where “don’t shoot the messenger” still has literal meaning. Seth Rogen made it look kind of cool in Pineapple Express, and he got to wear disguises. But that movie wasn’t exactly realistic.

But what if there was a new, technologically savvy way to serve hard-to-access litigants? Some sort of online community that everyone was a part of? Oh wait, we have that. It’s called Facebook.

::Light bulb goes on::

At least, that’s what a judge in England was thinking on Tuesday when he ruled that a defendant in a commercial dispute could be served via Facebook. The judge gets points for forward thinking, but at the same time I’m not sure the plan was too well thought-out…

double red triangle arrows Continue reading “You Got Served — By Facebook”

Page 67 of 1121...636465666768697071...112