Recently on my blog I have been posting differentviewpoints as to whether the e-discovery industry should have its own specialized certification. In the past year there has been a push by several organizations to establish standards of testing in the industry. In fact, a few weeks ago, the newly formed Association of Certified E-Discovery Specialists or ACEDS (prenounced “A-Saids”) held an inaugural conference in Hollywood, Florida. Although ACEDS was just founded last year by the Intriago Group, led by a former McDermott Will & Emery partner, Charles Intriago, the meeting had over 300 attendees — not bad for a first conference.
I had the chance to speak with two attorneys who spoke at the ACEDS meeting. They provided me with a better understanding of whether the movement toward certification is simply a passing trend or a sign of things to come…
Would new Match.com regulations stop Ben Roethlisberger from connecting with a receiver?
By now, many of you have see the story about the woman who is suing Match.com. It’s been in the L.A. Times, the WSJ Law Blog (replete with a very creepy picture), and the ABA Journal. It’s a sad story. A woman alleges she was sexually assaulted while on a date with a man she met through Match.com.
If the allegations are true, you can only hope her attacker is punished to the full extent of the law.
This story is making national news because, in addition to pursuing charges against her alleged attacker, the woman has also filed a lawsuit against Match.com. She wants them to conduct a screening of the users on their site.
In the heat of a disturbing story about an assault, I’m sure that checking a member’s name against a registry of sex offenders seems like a minimal requirement that can be easily done by a large company like Match.com. At least that’s what her lawyer would like us to think.
But I think any dispassionate and reasonable analysis of the situation would reveal that such a requirement is at worst dangerous, and a best entirely ineffective. I don’t care how many proprietary algorithms these dating sites throw at you — at the end of the day, there is no substitute for human intuition, common sense, and luck….
When 1,500 lawyers gathered at this week’s ABA TechShow in Chicago, an interesting thing happened:
The business card died.
When these lawyers weren’t listening to the dozens of cutting-edge seminars or browsing the exhibitors’ booths, they were making new friends and new professional connections. But instead of exchanging business cards, many of the attendees were trading Twitter handles — their online identities that begin with the @ symbol. (I’m @jayshep.) Massachusetts lawyer Gabriel Cheong (@gabrielcheong) told me that by the end of the conference, he had collected exactly zero business cards. (I immediately gave him one of mine. #irony) Instead of accumulating two-by-three-and-a-half-inch scraps of cardstock, he typed their Twitter names directly into his iPhone. (And I doubt anyone actually said, “Uh, I’m not on the Twitter.”) Molly McDonough (@Molly_McDonough), online editor at the ABA Journal, tweeted at the end of the conference: “For first time, I didn’t collect any biz cards at #abatechshow. Just made note of names and followed on Twitter.” Others retweeted (quoted) her tweet with approval.
So does this mean it’s time for small-firm lawyers to learn how to tweet?
Our buddy, the Honorable Alex Kozinski, is on a roll. On Monday, the chief judge of the U.S. Court of Appeals for the Ninth Circuit benchslapped a pair of wealthy, persistently annoying and mildly famous identical twins.
The same day, he gave a lecture at San Francisco’s Golden Gate University School of Law, where he declared the Internet has killed the First Amendment, or at least made it an anachronism. Heavy stuff.
More on what the judge said about the web’s effect on unsuppressable free speech, journalism and scumbag bloggers, after the jump.
Thanks to Ben Mezrich, David Fincher, and Aaron Sorkin, we all feel like we know the backstory of the creation of Facebook (shameless plug: please like the ATL Facebook page). It goes something like this: Mark Zuckerberg was a shady little brat, who screwed over his one friend while he was building what would become a multi-billion-dollar company. Roll credits.
Legally, just yesterday it seemed that Zuckerberg and Facebook were finally in the clear. The Ninth Circuit told the amazingly privileged Winkelvoss twins to go away, and it appeared that everybody could go back to masturbating to Facebook friends without worrying about who really owned the thing.
But not so fast. There is another outstanding Facebook lawsuit that has recently been amended and refiled in federal court. We’ve reported before on the claims of fraudster Paul Ceglia. Now he’s back, and he’s got some explosive new evidence to support his claims to 50% ownership in Facebook — as well as new counsel.
Is the evidence credible? It depends: do you trust DLA Piper?
The Winklevoss twins might be hot -- but their case is not, according to the Ninth Circuit.
If you enjoyed The Social Network, then perhaps you should be grateful to Cameron and Tyler Winklevoss. The lawsuit they filed against Facebook and Facebook’s founder, Mark Zuckerberg, gave rise to excellent entertainment. The movie wouldn’t have been possible without it.
But now the litigation is getting… old. And some people just want the Winklevoss twins to go away. Like three judges on the U.S. Court of Appeals for the Ninth Circuit.
In a ruling handed down today, rejecting the Winklevosses’s effort to overturn an earlier settlement with Facebook and Zuckerberg, the Ninth Circuit dispensed some stinging benchslaps. The opinion contains detailed and erudite analysis of both California contract law and federal securities law, but it can be summarized in four words: “Winklevii, STFU and GTFO.” (Feel free to use that in your headnotes, Westlaw and Lexis.)
Who wrote the opinion? None other than the ever-colorful Chief Judge Alex Kozinski, of course!
Let’s see what His Honor had to say — plus learn about additional Kozinski-related and movie-related news….
The satirical Onion News Network recently reported on new government funding for that “massive online surveillance program run by the CIA,” known as Facebook — dreamed up by “secret C.I.A. agent Mark Zuckerberg.” The report made light of how much information we’re willing to make available to a third party — information that we would never consider freely handing over to the feds. While funny, the report speaks to serious concerns about privacy. Civil liberties advocates like Christopher Soghoian and Nicholas Merrill worry about the ease with which the government can get access to the digital information we store with third-parties like Facebook, Yahoo!, and Google, as well as to the rich databases that our mobile phone providers have.
Should we call it the Tech.B.I. or the Dot.Com.I.A.?
Has everybody in the world raised their hands yet? Congratulations — your email address may have been stolen.
There was a data breach at Epsilon, a Texas-based marketing firm, last weekend, exposing the names and email addresses of potentially millions of their clients’ customers. I first found out about it when Chase emailed me. You might have gotten a similar alert from one of the affected companies.
Read part of the bank’s announcement and more about the breach, after the jump.
In 2009, a paramedic in Connecticut went home and complained about her boss on Facebook. Then she got fired.
“Love how the company allows a 17 to be a supervisor,” 42-year-old Dawnmarie Souza wrote. A “17” is the code her company, the American Medical Response ambulance service, uses for a psychiatric patient. She also called her boss a “scumbag as usual.” Several people joined in the discussion thread.
Her company’s blogging and Internet posting policy prohibited employees from saying anything negative online about the company or its employees.
The National Labor Relations Board found out about Souza’s plight and filed a complaint against the company. In February, AMR agreed to change its Internet policy, as part of a settlement that fundamentally changes the consequences of poor Facebook judgment….
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 (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), 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.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.