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Round Up: Remote Working, Virtual Conferences, and Cloud Computing

I often write articles and blog posts for other outlets and am going to post a round up here from time to time (but won't include my weekly Daily Record articles in the round up since I re-publish them to this blog in full). Apologize for the delay in posting this roundup, but in addition to my job with MyCase, I've been busy writing the annual update for the New York criminal law treatise I co-author for Thomson Reuters. In any event, here are my posts and articles published from November: 2...
Tags: New York, Law, Cloud Computing, Web/Tech, Thomson Reuters, Aba, ABA Journal, Daily Record, Law & Technology, NBlack


From Stricken To Disbarred

The Oklahoma Supreme Court has disbarred an attorney who accepted a fee while unlicensed leading to a felony conviction Janzen's license to practice law had been stricken from the membership rolls since September 20, 2004. Almost eight years later, she... [Author: Legal Profession Prof]
Tags: Law, Oklahoma Supreme Court, Janzen, Legal Profession Prof, Bar Discipline & Process


Case shows why lawyers must encrypt e-communications

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Case shows why lawyers must encrypt e-communications Whenever your firm’s employees work remotely during the pandemic (and beyond), electronic communications will increase out of necessity. If those communications aren’t encrypted, you run the risk of inadvertently disclosing confidential client data. That’s why it’s imperative that your firm takes steps to encrypt online communications if it isn’t...
Tags: New York, Law, Cloud Computing, Court, West Virginia, Web/Tech, Thomson Reuters, Aba, ABA Journal, Rochester New York, Frum, First the Court, Respondent, Daily Record--Legal Currents Column, Law & Technology, NBlack


Can the pandemic provide an excuse for sanctionable conduct?

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** As we enter our ninth month of the pandemic and COVID-19 numbers are surging across the country, lawyers and judges alike are bracing for newfound full or partial shutdowns. If and when the shutdowns occur, our court systems will undoubtedly slow down, creating a bottleneck effect, just like what happened in the spring. And when that occurs, litigators run the risk of losing track of, or access to, ...
Tags: New York, Law, Court, Michigan, Thomson Reuters, Aba, ABA Journal, Kohl, Court of Appeals, District Court, Rochester New York, United States Court of Appeals, Saenz, Sixth Circuit Court of Appeals, Daily Record--Legal Currents Column, NBlack


Top Ten Texas Criminal Justice Stories of 2020: Looking back at a crazy, (literally) sick year

It's been a crazy year,  both for me personally (I underwent throat-cancer treatment and lost nearly 100 pounds) and for the state and nation generally, between COVID, the Trump un-election, and the massive protests surrounding Houstonite George Floyd's death that in many ways defined the year.If we were ranking criminal-justice stories, those protests would be the biggest one from any traditional newsroom perspective, even if the coronavirus in jails and prisons claimed more lives. But those pr...
Tags: Texas, Law, Minneapolis, US, Ransomware, Austin, Dallas, Houston, City Council, Apd, Fort Worth, San Antonio, Texas Rangers, Abbott, Trump, Greg Abbott


Dispatch 51: The Election Day "Top Down Attack"

A Yon-genre mind-dump before another busy day 09 December 2020 Washington, D.C., near the White House I've seen some exciting elections in other countries. Cracking bullets and airstrikes. As example, got into firefights during elections in Iraq and Afghanistan. Was there for much of the Moaist disaster in Nepal. In Nepal, Maoists often attacked their own economy with forced strikes. Businesses were forced to shut their doors at risk of death. You've heard me say many times over th...
Tags: Hong Kong, Featured, Washington, White House, China, Iraq, Afghanistan, Military, United States, Nepal, Poland, Ussr, Cia, Ccp, Tikrit, Hong Kongers


Have You Seen of Gear of the Month for December?

[Author: Rothco NY]
Tags: Military, Bomber Jacket, Rothco, Rothco NY, Flight Jacket, Ma1 Jacket


GOP senator says he's 'unconvinced' by a Texas lawsuit - backed by Trump and 17 states - that aims to overturn the 2020 election

Detroit activists from 12 local organizations marched through the city on November 7th, 2020 to call for the protection of Detroit's votes. Adam J. Dewey/NurPhoto via Getty Images US Sen. John Cornyn, a Republican from Texas, told CNN he's not convinced by a Republican lawsuit aimed at overturning the 2020 election. "I read just the summary of it, and I frankly struggle to understand the legal theory of it," Cornyn said Wednesday. The lawsuit in question was filed by Texas Attorney Gen...
Tags: Florida, Politics, New York, Texas, Supreme Court, Law, US, Trends, Georgia, Cnn, Pennsylvania, Gop, Ted Cruz, New Jersey, Jeb Bush, Republican


GOP senator says he's unconvinced by a Texas lawsuit - backed by Trump and 17 other states - that seeks to overturn the 2020 election

Activists from 12 local organizations marched through Detroit on November 7 to call for the protection of the city's votes. Adam J. Dewey/NurPhoto via Getty Images Sen. John Cornyn, a Republican from Texas, told CNN he's not convinced by a Republican lawsuit meant to overturn the 2020 election. "I read just the summary of it, and I frankly struggle to understand the legal theory of it," Cornyn said Wednesday. The lawsuit in question was filed by Texas' attorney general, Ken Paxton, and...
Tags: Florida, Politics, New York, Texas, Supreme Court, Law, US, Trends, Georgia, Cnn, Pennsylvania, Gop, Ted Cruz, New Jersey, Jeb Bush, Republican


At the Wednesday Night Café...

  ... you can write about whatever you want. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Lake Mendota, Ann Althouse


GOP senator says he's 'unconvinced' by a Texas lawsuit that aims to overturn the 2020 election

Detroit activists from 12 local organizations marched through the city on November 7th, 2020 to call for the protection of Detroit's votes. Adam J. Dewey/NurPhoto via Getty Images US Sen. John Cornyn, a Republican from Texas, told CNN he's not convinced by a Republican lawsuit aimed at overturning the 2020 election. "I read just the summary of it, and I frankly struggle to understand the legal theory of it," Cornyn said Wednesday. The lawsuit in question was filed by Texas Attorney Gen...
Tags: Florida, Politics, New York, Texas, Supreme Court, Law, US, Trends, Georgia, Cnn, Pennsylvania, Gop, Ted Cruz, New Jersey, Jeb Bush, Republican


Argument analysis: “Very hard questions” in dispute over Fannie Mae, Freddie Mac shareholder suit

The Supreme Court heard oral argument on Wednesday in a high-stakes battle over the regulation of mortgage giants Fannie Mae and Freddie Mac in the wake of the 2008 housing crisis. Shareholders in the company have challenged both the constitutionality of the Federal Housing Finance Agency, which Congress created to oversee the two companies, and the FHFA’s 2012 agreement with the Treasury Department, which the shareholders say “nationalized” Fannie and Freddie. After nearly two hours of debate, ...
Tags: Featured, Supreme Court, Law, Congress, Treasury, Department Of Justice, Social Security Administration, Thompson, Sonia Sotomayor, John Roberts, SSA, Freddie Mac, Brigham Young University, Roberts, Treasury Department, Alito


Biglaw Gets Benchslapped, We All Laugh — See Also

The Judge Was Not Happy With Gibson Dunn: In a COVID contract dispute. Speaking Of Unhappy Judges: The Flynn pardon stinks, but what can Judge Sullivan do about it? Is Biglaw Depraved? It's more nuanced than all that. Get Ready For The End Of The Year Lawyer Style: With final exam screw-ups and shopping tips for the lawyer in your life. Want A Job When You Graduate? Check out these law schools. Biglaw Firm Ditches Gendered Language: Good for them, more firms should do the same.
Tags: Law, Flynn, Sullivan, Gibson Dunn, See Also, Speaking Of Unhappy Judges


Trump asks to enter Texas election lawsuit

President Donald Trump on Wednesday joined Texas in a last-ditch and unprecedented effort to persuade the Supreme Court to delay the Electoral College vote and block four states – Georgia, Michigan, Pennsylvania and Wisconsin – from casting votes for President-elect Joe Biden, who won the popular vote in each state. Trump argued that election officials in those states had “made a systematic effort to weaken measures to ensure fair and impartial elections” with their response to the COVID-19 pand...
Tags: Florida, Texas, Featured, Supreme Court, Law, Joe Biden, Pennsylvania, Missouri, Wisconsin, Ohio, Donald Trump, Trump, Howe, Richard Nixon, Electoral College, Chapman University


Judge Sullivan: Flynn Walks, Barr Stinks, Take That Pardon And GTFO Of My Courtroom

Sometimes you eat the bear, sometimes the bear eats you.
Tags: Law, Government, Department Of Justice, Flynn, Sullivan, Michael Flynn, Emmet Sullivan, Bill Barr


Is Biglaw Really Depraved?

Or is it just a victim of its own mythology.
Tags: Supreme Court, Law, Courts, Biglaw


Games People Play: CLE Levels Up With Learning Science [Sponsored]

People learn better when they can interact meaningfully with the material – this is as true for CLE as it is in law school.
Tags: Law, Biglaw, Pli, Sponsored Content, Continuing Legal Education / CLE, Practising Law Institute (PLI, PLI Custom


Top US military leaders volunteer to become guinea pigs for COVID-19 vaccine

Joint Chiefs Chairman Gen. Mark Milley. AP Photo/Patrick Semansky Top commanders in the US military will be publicly getting their COVID-19 vaccinations to encourage other service members to do the same. Pentagon spokesman Jonathan Hoffman noted that senior leaders across the different branches and combatant commands will be volunteering to take the vaccine publicly. Visit Business Insider's homepage for more stories. Top commanders in the US military will be publicly getting their COVID-1...
Tags: Politics, Science, News, Defense, US, International, Trends, Military, Pentagon, Vaccinations, Vaccine, Chris Miller, Defense Department, Hoffman, Joint Chiefs, Mark Milley


Argument analysis: Justices ponder narrow question in second look at arbitration dispute

Tuesday’s argument in Henry Schein Inc. v. Archer and White Sales Inc. was the second time the Supreme Court has considered this particular dispute about “gateway” arbitrability clauses: those that delegate to an arbitrator the authority to determine whether any particular dispute is subject to arbitration. The arbitration clause here – in a contract between two dental-equipment companies, Henry Schein Inc. and Archer and White Sales Inc. – excluded claims seeking equitable relief. When the part...
Tags: Featured, Supreme Court, Law, Archer, AAA, White, Henry Schein, Sonia Sotomayor, John Roberts, Roberts, U S Court of Appeals, Sotomayor, Elena Kagan, Kagan, Henry Schein Inc, Samuel Alito




CRM Software Vendor Didn’t Qualify for Section 230–Tan v. Konnektive

This is a complex consumer protection lawsuit with dozens of defendants. This early-stage opinion is 62 pages. The case involves allegedly bogus “free trial” programs for cosmetics. The plaintiff alleges that she was duped into signing up for a free trial; she instead got billed for way more than she expected, plus she got signed up for a subscription service she didn’t want. I’ll focus only on a sliver of the case. The plaintiff sued Konnektive and various related parties for providing CRM ser...
Tags: Google, Law, Marketing, E-commerce, Zynga, Salesforce, Swift, DOE, Ftc, Tan, Goddard, Derivative Liability, LeadClick, Konnektive, Faegin, Quick Box LLC


Man Who Sought To Make Neighbor’s Life Miserable Now Wants To Alleviate Misery With Said Neighbor

At least, that’s what Bill Gross’s press release says.
Tags: Law, Finance, Bill Gross


Some Law Firms Need Better LinkedIn Practices

Law firms should improve their LinkedIn practices to ensure that employees are not pressured into engaging with their employer’s content on LinkedIn.
Tags: Technology, Law, Social Media, Linkedin, Small Law Firms, Jordan Rothman


"When I found the treasure, it ended the hopes of the many people around the world who wanted to one day find it."

"I understand both the disappointment and disbelief many have and are experiencing and do not take personally the vitriolic comments made about me or the conspiracy theories that some seem to find comfort. But, to be clear, I am not and was never employed by Forrest, nor did he 'pick' me in any way to 'retrieve' the treasure. I was a stranger to him and found the treasure as he designed it to be found.... I do not see myself as being better than anyone else who searched for the treasure because ...
Tags: Law, Poetry, Wealth, Puzzles, Wyoming, United States of America, Forrest, WaPo, Forrest Fenn, Ann Althouse, Litigiousness, Jack Stuef


The Dialogue: COVID-19 Vaccines and Employers, Pandemic Issues and 2021 Predictions

I had the opportunity to record another webcast recently with New Haven attorney Nina Pirrotti, who mainly represents employees in her work at Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. Our ongoing series, which we’ve titled “The Dialogue”, looks this month at whether employers can mandate coronavirus vaccines, how employers and employees are dealing with pandemic-related issues, and predictions for 2021. My thanks as always to Nina for her participation in these important discussions....
Tags: Law, Nina, New Haven, Nina Pirrotti, Garrison Levin Epstein Fitzgerald Pirrotti


‘Tis The Season For Law School Exam Screw-Ups

Also, what to get for the lawyer that has no time for anything.
Tags: Law, Law Schools, Cornell Law School, NYU School of Law, Thinking Like A Lawyer Podcast, Jenna Ellis, Featured Podcasts


The Simple Practice: Setting Up An S-Corporation For Your Law Practice

In the final analysis, tax planning is about saving money.
Tags: Law, Tax Law, Small Law Firms, Steven Chung



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