Posts filtered by tags: ABA Journal[x]


 

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


Round Up: Billing and Calendaring Software, Cybersecurity, and Millennial Lawyers

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: Hate missing deadlines? Here's what you ought to know about court-rules-based calendaring software - ABA Journal  Streamlined Billing: Five Best Ways to Make Sure You Get Paid - Attorney at Work  Cybersecurity And The R...
Tags: Law, Web/Tech, ABA Journal, Daily Record, Law & Technology, NBlack


December 5 roundup

“An important win for property owners”: Supreme Court rules 8-0 that protected species habitat doesn’t include tracts containing no actual dusty gopher frogs and not inhabitable by them absent modification [Roger Pilon, George Will, earlier on Weyerhaeuser v. U.S. Fish & Wildlife Service, Cato Daily Podcast with Holly Fretwell and Caleb Brown (“The Frog Never Had a Chance”)] Proposed revision of federal Violence Against Women Act (VAWA) would expand definition of domestic violence to includ...
Tags: New York, Texas, Supreme Court, Law, Obesity, Uncategorized, Domestic Violence, Endangered Species, Louisiana, American Bar Association, Bar Associations, ABA Journal, Weyerhaeuser, Fifth Circuit, CALEB BROWN, VAWA


Constitutional law roundup

“Asking a Fourth Amendment nerd why the police don’t just get a warrant is like asking an auto mechanic why drivers don’t just buy a new car.” [Orin Kerr on Twitter] “Judge Thapar Can Handle the Truth about the Fourth Amendment and Due Process” [Ilya Shapiro on police-search case of Morgan v. Fairfield County as well as public university due process case of Doe v. Michigan] “Indispensable Remedy: The Broad Scope of the Constitution’s Impeachment Power” [Gene Healy, Cato white paper and video ...
Tags: Guns, Law, Uncategorized, Michigan, DOE, Constitutional Law, ABA Journal, Hatfield, Fourth Amendment, Morgan, Cato, Lyons, Fairfield County, Aaron Burr, Michels, Seventh Circuit


Legal blogs go deeper into niches than legal press, says ABA Journal

As part of it’s annual recognition of legal blogs, the ABA Journal recognized what we in the legal blogging community have known for years. This being that legal bloggers can cover niches in the law better than traditional legal reporters and publishers.  From Sarah Mui, Copy Editor and eight years year veteran of the Journal: Great legal blogs go deeper into practice niches than the mainstream legal press and share well-written personal insights.  It’s true. How can a reporter, jou...
Tags: Publishing, Law, Blogging, American Bar Association, Journal, ABA Journal, Sarah Mui


Supreme Court of Florida weighs in on judges using social media

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. *****   Supreme Court of Florida weighs in on judges using social media Whether judges should use social media has been a contentious issue for some time now. Early on, the consensus seemed to be that it was problematic for judges to do so, but over time that’s changed. So, for example in 2012, Florida’s Fourth District Court of Appeal addressed this issue in Pierre Domville v. State of Florida, No. ...
Tags: Facebook, Florida, New York, Law, Court, Social Media, Web/Tech, Thomson Reuters, Aba, ABA Journal, State, Florida Supreme Court, Rochester New York, Fourth District Court of Appeal, Supreme Court of Florida, Daily Record--Legal Currents Column


Everything You Wanted to Know About Emojis and the Law

For the past couple of years, I have invested significantly in all things emojis. This post rounds up everything I’ve done during that period. 1) Emojis and the Law Article I’m pleased to announce the final version of my paper, Emojis and the Law, was published in the Washington Law Review last month. This version supersedes my working draft, Surveying the Law of Emojis, that became one of my most popular SSRN downloads of the past 15 years. Some topics in the working draft got dropped from the ...
Tags: Law, Washington, Massachusetts, Uspto, Emojis, ABA Journal, Bay Area, Northern California, Westlaw, IPSC, Poop Emoji, Texter, Washington Law Review, Andrei Iancu, WIPO Magazine, Gabriella Ziccarelli


Morning Docket: 11.18.18

* "You were very busy. Wow. Wow. I always knew I liked him." President Trump posthumously awarded the Medal of Freedom to the Justice Antonin Scalia on Friday and managed to crack a joke about the late justice's sex life when referring to his wife and their nine children. Wow. [USA Today] * Speaking about birth control... President Trump has proposed a new way for employers to get around the Affordable Care Act's birth control mandate by creating a Title X loophole that would "hijack" programs ...
Tags: Crime, Law, California, New York Times, Affordable Care Act, Usa Today, Donald Trump, Law Schools, Biglaw, Aba, ABA Journal, Trump, Antonin Scalia, Dewey & LeBoeuf, Weil Gotshal, Work/Life Balance


Two paths for 21st-century law firms: innovation or extinction

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Two paths for 21st-century law firms: innovation or extinction When I graduated from law school in 1995, the world was a different place. Legal research still occurred in law libraries using books. Windows 95 had not yet been released and MS-DOS reigned supreme. The internet was just emerging on the scene and cell phones were few and far between.Fast forward 23 years and times sure have changed...
Tags: New York, Law, Miami, Thomson Reuters, Aba, ABA Journal, Richard Susskind, Rochester New York, Susskind, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black, DeStefano, Michele DeStefano


November 7 roundup

Notwithstanding one-person-one-vote, some House districts do have unusually high or low populations. Main reasons: 1) Small states get rounded up or down; 2) demographics change in existing districts over 10-year Census cycle especially where new housing is being built [Hristina Byrnes, 24/7 Wall Street, I’m quoted] “‘Outrageously excessive’ requests for attorney fees can be altogether denied, 3rd Circuit says” [ABA Journal] Prenda copyright troll Paul Hansmeier, who also did mass ADA fili...
Tags: Law, Uncategorized, Transgender, House, Department Of Justice, Ada, ABA Journal, Fourth Circuit, Cato, FAIRFAX Va, Paul Hansmeier, 3rd Circuit, Redistricting Reform, Attorneys' Fees, Housing Discrimination, IJ Short Circuit


Is coworking a viable option for solo and small firm lawyers?

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** It is beyond dispute that technology has changed the legal landscape. Brick and mortar offices are no longer a requirement, as more lawyers than ever transition their firms’ data from paper to digital. As a result, the days of paper files and being tethered to your desk are long gone. Instead, lawyers have more options than ever due to technological advancements. The proliferation of internet a...
Tags: New York, Law, California, Rochester, Thomson Reuters, Aba, ABA Journal, Rochester New York, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black, Loffice, Basin Park, Bushnell 's Basin Coworking


Morning Docket: 10.31.18

* Senator Lindsey Graham (R-S.C.) says he plans to introduce legislation to end our "absurd policy of birthright citizenship." Good luck with that, Senator, because if you want to amend the Constitution, you'll need a two-thirds majority in Congress and ratification of three-quarters of the states. [The Hill] * Women are allegedly being paid to make false sexual assault and harassment claims against Special Counsel Robert Mueller, and now the FBI is investigating the situation. The going rate f...
Tags: Law, Congress, Fbi, Atlantic, South Carolina, Law Schools, Constitutional Law, Legal Ethics, ABA Journal, Lindsey Graham, Harvard Law School, Milwaukee Journal Sentinel, Middle Tennessee State University, Robert Mueller, Morning Docket, Bar Exams


Wednesday round-up

This morning the justices wind up the first week of the November sitting with two oral arguments. In the first case, Frank v. Gaos, the court has been asked to make it harder for companies to settle class-action lawsuits without providing direct compensation to class members, through a process known as “cy pres.” Ronald Mann previewed the case for this blog. Clotilde LeRoy and Jarrett Field have a preview for Cornell Law School’s Legal Information Institute. Subscript Law offers a graphic explai...
Tags: Supreme Court, Law, Stanford, Court, United States, Npr, Cornell, ABA Journal, Round-up, Frank, International Finance Corporation, San Francisco Chronicle, Howe, Nina Totenberg, Jam, Bob Egelko


Morning Docket: 10.24.18

* As she steps away from public life in the wake of her dementia diagnosis, rather than banish retired Justice Anthony Kennedy to the Thurgood Marshall Federal Judiciary Building, retired Justice Sandra Day O'Connor bequeathed her chambers to him. The Supreme Court will miss her. [National Law Journal] * Judges say the darndest things: Bill Cosby's bid to get a new trial and reduce his sentence was summarily turned down by Judge Steven O'Neill, who noted in a simple, one-page ruling that "no he...
Tags: Supreme Court, Entertainment, Law, California, Nbc News, San Francisco, Bill Cosby, Trials, Intellectual Property, West Coast, Law Schools, ABA Journal, Bay Area, Thomas Jefferson, Murfreesboro Post, Anthony Kennedy


Fitbit Data Used As Evidence In A New Murder Case

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. *** Fitbit Data Used As Evidence In A New Murder Case Wearable devices are becoming incredibly common. Take a look around - you’ll notice Fitbits, Apple Watches, and other wearable devices on the wrists of many people whom you encounter on a daily basis, including your legal colleagues and co-workers. They’re being used to track people’s health and fitness information, to ensure people are notified of ...
Tags: Facebook, New York, Law, California, Connecticut, Fitbit, Thomson Reuters, Aba, ABA Journal, Rochester New York, Daily Record--Legal Currents Column, Law & Technology, NBlack, Criminal Law, Nicole Black


ABA on disaster preparedness and ethical obligations

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** ABA on disaster preparedness and ethical obligations In the wake of Hurricane Florence, disaster preparedness is on everyone’s minds. For lawyers affected by disasters, natural or otherwise, there are unique concerns given the nature of the services that they provide. Statute of limitations and other deadlines must be met despite the weather, as do clients’ needs and concerns. The drumbeat of the...
Tags: New York, Law, Cloud Computing, Web/Tech, American Bar Association, Thomson Reuters, Aba, Committee, ABA Journal, Rochester New York, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black, ABA Standing Committee


Texas Bar on lawyers seeking legal advice from other lawyers in online forums

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Texas Bar on lawyers seeking legal advice from other lawyers in online forums Lawyer-only online forums and listservs are commonplace. Often these forums are hosted by bar associations, but that’s not always the case. Facebook, LinkedIn, and Reddit private groups are often created by lawyers for lawyers. Because these groups are typically gated communities, lawyers can comfortably discuss a multi...
Tags: New York, Texas, Law, Web/Tech, Reddit, Thomson Reuters, Aba, Committee, ABA Journal, Rochester New York, Facebook LinkedIn, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black, Texas Bar


Technology know-how: bridging the gap

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Technology know-how: bridging the gap By now, I’m sure you already know that New York lawyers have an ethical obligation to maintain technology competence. What that means is that you need to have a basic understanding of legal technology issues so that you can make educated decisions about whether to use technology in your law practice, and which tools to use. Of course, we all know that’s easi...
Tags: New York, Law, Web/Tech, Weblogs, Thomson Reuters, Aba, ABA Journal, Rochester New York, Monroe County, Bob Ambrogi, Greg Lambert, Denise Howell, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black