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Case study on the Ginsburg conspiracy theories in action

#WheresRuth. Even as the answer – working from home while recovering from cancer surgery – was covered by journalists and confirmed by the Supreme Court itself, this hashtag and similar ones populated Twitter in January and February. False allegations about Justice Ruth Bader Ginsburg’s status ranged from standard political rumors (e.g., that she planned to announce her retirement soon) to massive conspiracy theories (e.g., that she was in a medically induced coma or that her death was being hid...
Tags: Post, Featured, Nbc, Supreme Court, Law, Washington Post, Washington, Fox News, Ruth Bader Ginsburg, Collins, ABA Journal, Woods, James Woods, Miller, Ruth, Ginsberg


Liability roundup

“Firings and lawsuits follow discovery of secret bugging devices at law firm; ‘It’s very John Grisham'” [Palm Beach County, Fla.; ABA Journal] Save on lawyers’ fees, get to trial faster: “If I were able to do something unilaterally, I would probably institute a new federal rule that said that all cases worth less than $500,000 will be tried without any discovery.” [Judge Thomas Hardiman, echoed by Judge Amul Thapar, at Federalist Society National Lawyers Convention panel; David Lat, ABA Jour...
Tags: Minnesota, Law, Uncategorized, Beck, Discovery, Austria, Missouri, Skiing, St Louis, David Lat, ABA Journal, Minnesota Supreme Court, John Grisham, Palm Beach County Fla, Forum Shopping, Amul Thapar


Round Up: Faxing for Lawyers, AI and the Law, Legal Billing Software, and More

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). Here are my posts and articles since January: The facts about the 21st-century fax—and how lawyers can use it to their advantage - ABA Journal  I, For One, Welcome Our New Robot Lawyer Overlords - Above the Law Legal Tech Disruption And Stagnancy At Legalweek 2019 - Abo...
Tags: Law, ABA Journal, Daily Record, Law & Technology, NBlack


Morning Docket: 02.28.19

* Uh-oh! In the wake of Michael Cohen's testimony, Chairman Rep. Elijah Cummings of the House Oversight Committee sent letters to President Trump's tax attorney from Morgan Lewis and the Trump Organization's outside counsel from Michael Best requesting their appearance for a “transcribed interview.” [National Law Journal] * After widespread rebuke, the Florida Bar has officially opened an ethics investigation into Rep. Matt Gaetz's alleged witness tampering of Michael Cohen via tweet prior to h...
Tags: Money, Law, Bill, Women's Issues, Law Schools, Biglaw, Tax Law, Aba, Legal Ethics, ABA Journal, Trump, Florida Bar, Elijah Cummings, Michael Cohen, Milbank, Florida Bar Association


Wednesday round-up

Today the justices close out the February session with an argument in the most notable case of the term so far, The American Legion v. American Humanist Association, an establishment clause challenge to a World War I memorial shaped like a cross on public property. Amy Howe had this blog’s preview. Lauren Devendorf and Tyler Schmitt preview the case for Cornell Law School’s Legal Information Institute. Subscript Law has a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose attorneys...
Tags: Supreme Court, Law, Washington Post, America, Cnn, United States, Fox News, Npr, Economist, ABA Journal, American Legion, Round-up, Mark Joseph Stern, Howe, Nina Totenberg, Lambert


Free speech roundup

We’ll pass the bill first, and let the courts tell us later whether it violates the First Amendment. That’s not how it’s supposed to work [my Free State Notes on a Maryland “cyberbullying” bill] Local laws requiring government contractors to disclose/disclaim ties to the anti-Israel BDS movement have rightly come under criticism. Will that spill over to a constitutionally dubious new Los Angeles ordinance requiring contractors to disclose ties with an advocacy group devoted to a different iss...
Tags: Maryland, Guns, Bullying, Law, Montana, Israel, Uncategorized, Los Angeles, New York Times, Paris, Wisconsin, Pbs, Copenhagen, Free Speech, ABA Journal, Michael Mann


Timbs v. Indiana: state forfeiture can violate Excessive Fines Clause

A unanimous Supreme Court ruling in Timbs v. Indiana confirms that state governments, like their federal counterpart, may not impose excessive fines. The ruling also holds that “at least some state civil asset forfeitures” violate the Excessive Fines Clause. “As a result, the ruling could help curb abusive asset forfeitures, which enable law enforcement agencies to seize property that they suspect might have been used in a crime – including in many cases where the owner has never been convicted ...
Tags: Supreme Court, Law, Uncategorized, Indiana, Constitutional Law, ABA Journal, Josh Blackman, Clarence Thomas, Gorsuch, Ilya Somin, Forfeiture, Ilya Shapiro, Neil Gorsuch, Timbs


Where You’ll Find Me At ABA TECHSHOW (As Well As Beer and Food)

ABA TECHSHOW is just a week away. Here are some of the events I’ll be attending there: Wednesday, Feb. 27 9 a.m. to 5 p.m.: Women of Legal Tech Summit, a symposium on closing the gender gap in legal tech, at Chicago-Kent College of Law. 5 p.m. to 6 p.m.: TECHSHOW kicks off with our third-annual startup pitch competition, hosted by me and generously sponsored by Clio. In the exhibit hall. 7:30 p.m. to 10 p.m. Getting Women A Seat At the Table, a networking event sponsored by Above the Law and Ev...
Tags: Microsoft, Law, Uncategorized, Columbus, Aba, Techshow, Lexblog, ABA Journal, Arbella, Bob Ambrogi, Ben Jackson, Legaltech, ABA Techshow, Chicago Kent College of Law, Skadden Arps, Chicago Kent


Where You’ll Find Me At ABA TECHSHOW (As Well As Beer and Food)

ABA TECHSHOW is just a week away. Here are some of the events I’ll be attending there: Wednesday, Feb. 27 9 a.m. to 5 p.m.: Women of Legal Tech Summit, a symposium on closing the gender gap in legal tech, at Chicago-Kent College of Law. 5 p.m. to 6 p.m.: TECHSHOW kicks off with our third-annual startup pitch competition, hosted by me and generously sponsored by Clio. In the exhibit hall. 7:30 p.m. to 10 p.m. Getting Women A Seat At the Table, a networking event sponsored by Above the Law and Ev...
Tags: Microsoft, Law, Uncategorized, Columbus, Aba, Techshow, Lexblog, ABA Journal, Arbella, Ben Jackson, Legaltech, ABA Techshow, Chicago Kent College of Law, Skadden Arps, Chicago Kent, Kristen Sonday


Police roundup

“Twenty-five years of developments in both the law and social science show that a police command to ‘stop’ is more than a mere request for information.” Courts should handle accordingly [Ilya Shapiro on Cato amicus brief in Cisse v. New York, New York Court of Appeals] Procedures must be followed: “Murder suspect tries to turn himself in at New Orleans jail, but deputies demand proper ID” [Matt Sledge, The Advocate] New project aims to educate public on how to navigate oft-complex police co...
Tags: Google, Law, Police, Uncategorized, New Orleans, Waze, Steve Silverman, ABA Journal, Cato, Cisse, CALEB BROWN, Ilya Shapiro, Scott Shackford, Cato Research Briefs, Jonathan Mummolo, New York New York Court of Appeals


Morning Docket: 02.13.19

* Former Attorney General Eric Holder headed to Iowa earlier this week, but claims that he's still deciding whether or not he's going to throw his hat into the already crowded ring for the 2020 Democractic presidential nomination. [ ] * Michael Cohen was supposed to appear before the Senate Intelligence Committee yesterday, but his testimony was postponed for the third time this month, this time "due to post surgery medical needs." What's he getting done before jail? [CNN] * In the “mommy trac...
Tags: Politics, Law, Eric Holder, Mental Health, Iowa, Deaths, Women's Issues, Senate Intelligence Committee, Biglaw, Reed Smith, ABA Journal, Health & Wellness, Election 2020, Michael Cohen, Morrison & Foerster, Senate Intelligence


When technology and law enforcement collide

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Law enforcement officers have no problem using the latest and greatest technologies to police the people, whether it’s using facial recognition tools, cellphone geolocation data, or recordings obtained from smartphone technologies such as Amazon’s Alexa. But it seems that when the people use the very same tools to police the police - well, that simply won’t do. For example, we know that the police ...
Tags: Google, Amazon, New York, Law, New York Times, Waze, New York Police Department, Thomson Reuters, Aba, ABA Journal, Rochester New York, Prunty, Daily Record--Legal Currents Column, Law & Technology, NBlack, Criminal Law


Federal judge on whether biometric access to phones requires a warrant

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** A decade ago, smartphones were in their infancy. The iPhone was not even a year old and widespread adoption had not yet occurred. Many were suspicious of the touch screen interface, and lawyers in particular clung to the idea that they required the tactile feel of a traditional keyboard. Fast forward to 2019, and smartphones are commonplace even amongst lawyers. In fact, according to the latest ABA...
Tags: New York, Supreme Court, Law, California, Court, Thomson Reuters, Aba, ABA Journal, Riley, Oakland California, Rochester New York, Daily Record--Legal Currents Column, Law & Technology, NBlack, Criminal Law, Nicole Black


Monday round-up

Amy Howe covers last week’s Supreme Court news, including action “in cases asking the justices to intervene in cases involving the death penalty and abortion,” in a podcast at Howe on the Court. At First Mondays (podcast), Howe joins the hosts to expand on those topics. At The Daily Signal, Elizabeth Slattery observes that after last Thursday’s order in in June Medical Services v. Gee, in which a divided court blocked a Louisiana law that would require abortion providers to have admitting privil...
Tags: Supreme Court, Law, Alabama, America, Bloomberg, Federal Communications Commission, Louisiana, Economist, ABA Journal, Round-up, John Roberts, Fourth Circuit, Robert Barnes, Roberts, Howe, Adam Liptak


Morning Docket: 01.30.19

* What do Trump "fixer" Michael Cohen, Fyre Festival founder Billy McFarland, and Jersey Shore star Mike Sorrentino all have in common? They may soon be inmates together at FCI Otisville, one of America's "cushiest" prisons. Oooh, looks like we've got a situation! [INSIDER] * "New York State’s campaign finance system is generally a scandal, and this is another example of it." Disgraced former New York AG Eric Schneiderman used campaign funds to pay the law firm that represented him during an in...
Tags: Prisons, Supreme Court, Law, America, Associated Press, Campaign Finance, New York State, Biglaw, Aba, ABA Journal, Trump, Jersey Shore, Michael Cohen, Clarence Thomas, New York AG, Eric Schneiderman


Must Lawyers Use AI in 2019? According to One Judge, the Answer is “Yes”

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Must Lawyers Use AI in 2019? According to One Judge, the Answer is “Yes” Many of the lawyers I encounter are intimidated by technology. Rapid technological advancements have left them bewildered, and thus unwilling to even attempt to catch up. For those lawyers, turning a blind eye to technology and practicing law as if it were still 1995 seems like a viable option. After all, it’s worked so far,...
Tags: Florida, New York, Law, North Carolina, Thomson Reuters, Aba, Casetext, ABA Journal, Mark, Cass, Ontario Superior Court, Rochester New York, Borg, Daily Record--Legal Currents Column, Law & Technology, NBlack


How Lawyers Are Using Social Media in 2019

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** How Lawyers Are Using Social Media in 2019 I’ve been covering lawyers’ use of social media in my column for the Daily Record since 2008. Back then, most lawyers believed that social media was a passing fad, despite my ardent assertions to the contrary. Some even believed that it was both unethical and unwise for lawyers to use social media. Convincing lawyers that social media was a phenomenon t...
Tags: Facebook, Twitter, New York, Law, Social Media, Web/Tech, American Bar Association, Thomson Reuters, Aba, ABA Journal, Rochester New York, Gary Craig, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black


Louisiana court: Online anonymity doesn’t shield lawyers from ethical obligations

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Louisiana court: Online anonymity doesn’t shield lawyers from ethical obligation Office water coolers used to be gathering places where people discussed current events and caught up on office gossip. But, like many other time-honored traditions, even water cooler conversations have been affected by technology. Certainly these in-office discussions still occur, but much of the day-to-day discours...
Tags: Facebook, New York, Supreme Court, Law, Court, Social Media, Ethics, Web/Tech, Nopd, Louisiana, Thomson Reuters, Aba, ABA Journal, Gill Pratt, National Guard, Jefferson


Round Up: Artificial Intelligence, Millennial Lawyers, and Law Practice Management Software

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). Here are my posts and articles from November 2018: The ins and outs of law practice management software - ABA Journal  Knowing When (And How) To Upgrade Your Legal Software - Attorney at Work  Practicing Law in the 21st Century: The Ethical Requirement of Technology Com...
Tags: Law, Cloud Computing, ABA Journal, Daily Record, Law & Technology, NBlack


Jerk Lawyers Are Nothing New — See Also

This Attorney Was Way Outta Line: Don't call opposing counsel a b*tch. Just don't. Lawyer Gets To Work While His Wife Is In Labor: Sure, it was at the Supreme Court, but still. Get Ready For The Future: Of no privacy. Internet Trolls Never Die: They just make their way to the ABA Journal. Nancy Pelosi Is Keeping Everything On The Table: Including impeachment.
Tags: Supreme Court, Law, Nancy Pelosi, ABA Journal, Don, See Also


Deranged Cranks With Law School Degrees And Too Much Time On Their Hands Find A Home

This is, unfortunately, why we can't have comment sections.
Tags: Law, Law Schools, Biglaw, ABA Journal


Thursday round-up

Briefly: For the ABA Journal, Mark Walsh previews Tennessee Wine & Spirits Retailers Association v. Blair, a challenge to Tennessee’s durational residency requirements for liquor licensing, noting that “[o]ne thing seems clear: Some 85 years after the 21st Amendment was ratified, lower courts are still eager to get further guidance from the Supreme Court.” In an op-ed for The New York Times, Linda Greenhouse takes issue with Justice Clarence Thomas’ increasingly influential argument that, by re...
Tags: Supreme Court, Law, Obama, Tennessee, Donald Trump, Ruth Bader Ginsburg, ABA Journal, Round-up, Blair, Richardson, Ginsburg, Gilbert Sullivan, James Madison, Clarence Thomas, Mark Walsh, Anthony Kennedy


Morning Docket: 12.28.18

* Who are the least stressed out attorneys? [Law360] * Looks like Michael Cohen's phone was in Prague after all. Could it be... these people lied about everything? [McClatchy] * Missouri's public defender system is broken and the state Supreme Court is being asked to do something, anything about it. [Courthouse News Service] * Do you need feedback from a senior attorney? Cleary has an app for that! They used to have an app for that called "walking to a colleague's office and just asking them"...
Tags: Supreme Court, Law, Tesla, Prague, Missouri, Courts, Donald Trump, Law Schools, Biglaw, ABA Journal, Michael Cohen, State Supreme Court, McClatchy, Cleary, Erwin Chemerinsky, Robert Mueller


The 20 Most Important Legal Technology Developments of 2018

What a whirlwind of a year it has been for legal technology. Barely a week into 2018, industry-changing news broke of Avvo’s sale to Internet Brands. Legal tech news has been nonstop ever since – so much that it’s a struggle to keep up with it all. For several years now, I’ve closed out the year with a round-up of the 10 most important legal developments (2016, 2015, 2014, 2013). Last year, I bypassed the top 10 to focus on a single overarching development, The Year of Women in Legal Tech. This ...
Tags: Europe, Utah, Florida, UK, New York, London, Microsoft, Law, Washington, Russia, Uncategorized, Toronto, San Francisco, Georgia, Analytics, Portland


The 20 Most Important Legal Technology Developments of 2018

What a whirlwind of a year it has been for legal technology. Barely a week into 2018, industry-changing news broke of Avvo’s sale to Internet Brands. Legal tech news has been nonstop ever since – so much that it’s a struggle to keep up with it all. For several years now, I’ve closed out the year with a round-up of the 10 most important legal developments (2016, 2015, 2014, 2013). Last year, I bypassed the top 10 to focus on a single overarching development, The Year of Women in Legal Tech. This ...
Tags: Europe, Utah, Florida, UK, New York, London, Microsoft, Law, Washington, Russia, Uncategorized, Toronto, San Francisco, Georgia, Analytics, Portland


Morning Docket: 12.19.18

* Eighty-three judicial ethics complaints against Brett Kavanaugh have been tossed out by the Judicial Council of the Tenth Circuit due to an "intervening event": his SCOTUS confirmation. The Council, set up to fail by Chief Justice John Roberts, "[l]ack[s] statutory authority to do anything more." [National Law Journal] * The Senate passed the First Step Act in an 87 to 12 bipartisan vote, and now the sweeping criminal justice reform legislation will move on to the House for approval before be...
Tags: Google, Law, Washington Post, Senate, White House, Brooklyn, House, Donald Trump, Council, Irs, Law Schools, Biglaw, ABA Journal, John Roberts, D.C. Circuit, Dentons


Federal judge frets about trend to conceal from public view information about cooperation sentencing credits

A helpful reader made sure I saw the work of US District Judge D. Brock Hornby published this week online in the ABA Journal discussing the history and recent trends in the federal system concerning defendants getting sentencing credit for cooperation and the pressure to disguise these realities due to concern about the threat of violence against cooperators in federal custody. My understanding is a longer version of this work with appear in the Spring 2019 print issue of Judicature, but the sub...
Tags: Law, US, Justice Department, ABA Journal, Douglas A Berman, Brock Hornby


December 12 roundup

“Scott Gottlieb’s FDA Is Moving Toward a Stealth Ban on Cigarettes and Cigars” [Jacob Grier, Reason] Supreme Court should take Melissa and Aaron Klein cake-refusal case from Oregon and resolve the issues of free expression it dodged in Masterpiece [Ilya Shapiro and Patrick Moran, ABA Journal, earlier on Melissa and Aaron Klein cake-refusal case including oppressive $135,000 fine levied by Oregon BOLI (Bureau of Labor and Industries)] “Administrative Law Is Bunk. We Need a Bundesverwaltungs...
Tags: New York, Tobacco, Law, Oregon, Uncategorized, Family law, Fda, Constitutional Law, Administrative Law, ABA Journal, Aaron Klein, Melissa, City Journal, Scott Gottlieb, Ilya Shapiro, Greve


LawNext Episode 22: Elevate’s Acquisition of LexPredict, with Pratik Patel and Dan Katz

In major legal industry news, global law company Elevate announced its acquisition of the legal AI technology and consulting firm LexPredict. The move combines the comprehensive legal services offering of Elevate with the data science team and AI engine of LexPredict. With the combination of Elevate’s alternative services model and LexPredict’s cutting-edge technology, does this acquisition foreshadow the future of legal practice? In this episode of LawNext, we take a deep dive into the acqui...
Tags: Facebook, Law, ABA Journal, Katz, Patel, Bob Ambrogi, Chicago Kent College, Pratik Patel, Huron Legal, Chicago Kent, Dan Katz, Daniel Martin Katz, Elevate, Legal Analytics, LexPredict, LawNext


LawNext Episode 22: Elevate’s Acquisition of LexPredict, with Pratik Patel and Dan Katz

In major legal industry news, global law company Elevate announced its acquisition of the legal AI technology and consulting firm LexPredict. The move combines the comprehensive legal services offering of Elevate with the data science team and AI engine of LexPredict. With the combination of Elevate’s alternative services model and LexPredict’s cutting-edge technology, does this acquisition foreshadow the future of legal practice? In this episode of LawNext, we take a deep dive into the acqui...
Tags: Facebook, Law, ABA Journal, Katz, Patel, Chicago Kent College, Pratik Patel, Huron Legal, Chicago Kent, Dan Katz, Daniel Martin Katz, Elevate, Legal Analytics, LexPredict, LawNext, Elevate Patel