Despite an economic environment that has crippled many small businesses, there is still opportunity to be found. The Wall Street Journal cited Lawline.com today for its ability to take advantage of a suffering real estate market.

Lawline.com has seen its workforce grow beyond the capacity of its current Downtown Manhattan office, and it has used an aggressive but patient approach in order to take full advantage of lower rent prices.

The following is an excerpt from the Wall Street Journal in regards to Lawline.com’s ability to capitalize on the down market:

“Take David Schnurman, president of Lawline.com CLE Inc., an online provider of continuing legal education, who needed more space for his growing work force.

When hunting for a new location last year, he put out queries on an entrepreneurs' mailing list—which netted a number of leads—and saw more than 50 spaces with six different brokers. Working with different agents was crucial, he says, because some had listings that the others didn't.

‘"It seems to be that there are more deals in the market than ever,"’ Mr. Schnurman says. ‘"For any company that's growing, this is a time to be a bit more aggressive.’"

Click here to read the rest of the article from the Wall Street Journal...

In this editition of the Friday Five, Legal Beat Host Meredith Ganzman and Executive Produce Jeff Reekers count down the Top 5 Legal Mistakes in Divorce Cases.

In her recent FT.com column, Memory doesn’t matter when you have the net, Lucy Kellaway humorously recounts recent memory lapses and multi-tasking failures.  She considers several solutions, one of which is to make lists.

When preparing for a significant negotiation, we suggest you make three lists regarding your information needs. 

First, list the information you want to get before you meet with your counterpart.  Second, list the information you want to get during your negotiation.  Finally, list the information you want to initially share and withhold.

Making lists will help you strategically and comprehensively think through the information gathering process.  It will also help you avoid forgetting something important in the heat of the battle or when juggling several tasks.
 

Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.

 

The Legal Beat's Meredith Ganzman heads to New York's LegalTech to Interview LegalRelay CEO John Gilman. LegalRelay made a splash at the event with the launching of its legal version of Amazon.com Reviews.

It's 19 degrees outside, but here in the studio, the Beat Down steams on, bringing your the HOTTEST Lawline CLE news. In this week's episode: California Deadline, The Golden Ticket, and a Lawline Exclusive CLE promo with Rocco C. Cipparone.

Lawline's Friday 5 brings you the countdown of the world's strangest laws. Bigfoot, Blowfish and Napoleon... oh my! You just have to see it to believe it.

In light of Toyota’s unprecedented decision to recall and stop selling eight car models, this New York Times excerpt caught my attention:  “In its drive to become No. 1 in worldwide sales, Toyota may have left its reputation vulnerable.”  The Tokyo Shimbun went so far as to say, “[t]he discrediting of Toyota could even destroy the world’s trust in Japanese manufacturing, which relies on its reputation for high quality.”  Time will tell what the full consequences will be.

In negotiating and in life, trust is hard to build, easy to destroy and difficult to restore.  Toyota’s plight is a useful reminder that we should always value and protect our reputation.

Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.
 

In a historic moment for Continuing Legal Education, Lawline.com and the New York County Lawyer’s Association (NYCLA) have teamed up to provide a combination of the highest quality live and online Continuing Legal Education - but only with an exclusive Golden Ticket. The offer is extended to twenty-five fortunate attorneys who come across the opportunity. Each recipient receives one full year of unlimited access to both Lawline.com and NYCLA courses, which combines for a total of over 275 hours of CLE. The price? Only $499.

Lawline.com has been providing online CLE for over 10 years and has been featured in such publications as Forbes, Crains, Inc., Entrepreneur, and CNBC. Lawline.com has also recently been named one of the 40 Best Companies to Work for in New York State and a Finalist for Customer Service by the N.Y. Enterprise Report

The New York County Lawyers' Association has historically been one of the largest and most influential county bar associations in the country. Having turned 100 years old in 2008, the organization holds strong to its traditions, and their Golden Ticket offering with Lawline.com is another example of advancing the practice and education of attorneys.

Time is short for receiving the exclusive Golden Ticket, and The Legal Beat provides one of the limited routes!

 

Legal Beat host Meredith Ganzman leads attorney Jany Sabins through an analysis of the upcoming year of "No-Law" and uproots the history behind her passion for tax law.

The combination of technology, innovation, and law means one thing: 2010’s 3-day LegalTech Trade Show in New York, NY, beginning Monday February 1. Last year’s dominant theme was eDiscovery, with much attention being given to social media as well. What will stand out this year?

Technolawyer produced a great article on predictions for 2009 after last year’s show, and there’s great reasons to believe those predictions will come to light. The first forecast was a wave of iPhone applications. Is there any doubt about this one? Yes, there are finally other products being released in the market to compete with the iPhone, but competition is negligible at this point. Last year was still the early stages in iPhone potential in regards to applications, and in 2010 there is going to be a host of maturation in the development of downloadable legal applications. Without a doubt, there will be much innovation released in iPhone Applications throughout the three day event.

CourtReportersSchools.com has a great list of current iPhone Legal Applications currently out on the market. Again, look for this list to be greatly expanded throughout 2010.

Social media is another hot topic in the legal industry that will be sure to produce buzz at the event. Blos, Twitter, Facebook, Linkedin – it’s a mixture of excitement, confusion, and growth.  It has been a bit of a hit and miss area of legal application, with some attorneys and firms diving in greatly, and others reluctant, preferring traditional forms of media and focusing solely on their practice. However, there’s no denying its growth within the industry, and with growth comes innovation.

And don’t forget eDiscovery. The big hit at last year’s event will likely be so once again. The question is whether this year’s technology will help sort through the clutter of electronic evidence. The electronic age is producing a constantly expanding set of new law and litigation, and because of this rapid change many still struggle with the concept of the necessity in dealing with electronic forms of evidence. But again, with the growing importance of this form of evidence will come a great influx of legal technology to aid in the process.

The Legal Beat will be attending the three-day event and produce up close interviews with some of the most innovative firms in the industry. We’ll also give you a behind the scenes look at the event itself. For more information visit http://www.legaltechshow.com/

 

ABC had its debut this past week of the The Deep End,  a new television series about first year associates at Sterling Law, a top Los Angeles Law Firm. That’s about all the time I’m going to take delving into the shallow depths of its plot. Instead, I’m just going to list off reasons why if you missed the first episode, you should consider yourself lucky.

1. Everybody is sexy. Apparently the law schools these first-years recently graduated from based their enrollments on aesthetic qualities and time spent at the gym.

2. Everybody is witty. Every character says the perfect line, with perfect diction, and with no delay. It makes me feel like hiding behind my computer, writing blog posts complaining about my inferiorities, and wishing I could accomplish such a feat.

3. I did not hear one piece of legal knowledge in the episode. The most legal term was “pro-bono.”

4. The group of first-years takes “victory shots” after a good day at work.

5. I heard the word “totally” more than any other word. Was this an episode of Dawson’s Creek? It totally could have been.

6. These characters went to top-ranked law schools and passed the California Bar. Really? Totally.

7. Everybody is sexy AND they eat very large cupcakes at work. Combine this with victory shots and the character's wittiness, and now I really just want to hide in a corner.

Billy Zane does star in the show as a competitive head-honcho at the law firm, and his dealing with young the attorneys is at least a comic relief, so that is one plus to the show. However, it doesn’t make up for the rest of the over-dramatization and unrealistic realm presented as an actual daily life in a competitive law firm. The only thing I see coming out of this series is a wave of high school and college graduates applying to law school, only to realize that books are actually involved somewhere in the process.
 

Lawline.com 's Weekly Wrap-up for CLE News. On this week's show, New Developments in Campaign Finance Law , California CLE Deadline, Lawfirm Commercials, and a Lawline Exclusive CLE Preview with Stuart Teicher.

Michael Stutman stars in this week's Family Law Friday on The Legal Beat. Host and Producer Meredith Ganzman leads Stutman through a discussion on Pets in Divorce and Custody Cases.

In December, GE CEO Jeffrey Immelt disclosed NBC would lose an estimated $200 million on the Winter Olympics.  In a New York Times article yesterday, Dick Ebersol, chairman of NBC Universal Sports, said he would have preferred that Immelt wait to reveal the losses until the end of January “so it didn’t cause any disruption of sales.”

“When you say something like that,” Ebersol said, “advertisers think they’ll get a bargain, and we’ve told them there aren’t any.”  In effect, Immelt decreased NBC’s leverage with its advertisers by disclosing that NBC is a bit desperate for revenue due to its expected loss, and that it had fewer competing advertisers for its spots.

What is the lesson here?  All of the key internal stakeholders in a negotiation need to be on the same strategic page.  Problems arise when the left hand doesn't know what the right hand is doing.  To help prevent this, organizations should – for all their significant negotiations – create strategic negotiation plans and implement negotiation best practices. This includes identifying what strategic information should or should not be disclosed and ensuring all of the key stakeholders are aware of those strategic choices. Importantly, our ExpertNegotiator Planning and Management Software is designed to help you do this by allowing you to create online negotiation plans accessible by each stakeholder in your negotiation – thus ensuring you avoid problems like the one created by Immelt.

Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.

 

Tiger Woods: he’s flipped sports, entertainment, and media upside down as of late. But it doesn’t stop there – he’s thrown the legal world into turmoil as well.

In a symposium set for March 4 at Cardoso Law School, in  New York City, three attorneys, Fernando Pinguelo, a partner at Norris McLaughlin & Marcus and Chair of the firm's Entertainment Law Group, Porcher L. Taylor, III, an associate professor at the University of Richmond, and Timothy D. Cedrone, a 2009 cum laude graduate of Seton Hall University School of Law, will lead the topic, The Tiger Woods Effect: The Uncertain and Turbulent Future of Endorsement Deals, Morals Clauses, and Reverse-Morals Clauses? The trio is also focusing on producing a first of its kind law review.

Media, business, and law are industries greatly familiar with moral clauses – a provision in a contract that companies utilize to prohibit specific behavior unto the “talent,” whereby the company can terminate the contract if the talent violates these terms. However, Pinguelo, Taylor, and Cedrone are focusing in on the opposite end of the spectrum. Can the talent hold businesses accountable for unethical behavior?

This is what is becoming referred to as the Reverse-Morals Clause, an area of increasing interest and discussion within the legal community. According to Pinguelo, there is currently no scholarly law research on the subject, and little to no known law review in regards to it. He and his colleagues are out to change that.

“The reverse moral clause allows the talent unilateral ability to terminate a contract if the ethics of a business is called into question,” Pinguelo states. Pinguelo added that these issues date back to examples of Enron, but also have been notable in more recent cases such as Lehman Brothers.

The trio’s research will focus on a phenomenon they have dubbed “The Tiger Woods Effect.” Woods’ climb to fame, stardom, and power, along with a near perfect image, created him into the ideal model to demand reverse-morals clauses. However, the current ethical questions surrounding him in the media have damaged this negotiating power.

“Pre-Tiger Woods scandal, before Thanksgiving, he could write his ticket,” says Pinguelo. “If anyone had the potential for a reverse-morals clause, it would have been him.”

Before the symposium, the three attorneys plan to publish a law review titled, The Reverse-Morals Clause: The Unique Way to Save Talent Reputation and Money in a New Era of Corporate Crimes and Scandal. In the review, they divide the issue into five sections, in which they discuss the necessity of reverse-moral clauses and offer drafting and negotiation insights.

Pinguelo and Cedrone also recently authored what now will serve as a framework for the upcoming material entitled, Morals? Who Cares About Morals? An Examination of Morals Clauses in Talent Contracts and What Talent Needs to Know.

Both the review and the symposium present the potential to be the foundations of a largely growing and increasingly important area of law. We’ll keep you up to beat on all that’s coming up in research and news leading up to the symposium.

Fernando Pinguelo is also a distinguished faculty member of Lawline.com and a lectured in both E-Discovery: What you Technically Should Know and Morals? Who Cares About Morals? An Examination of Morals Clauses in Talent Contracts and What Talent Needs to Know, the latter in which he once again teamed with Timothy Cedrone.
 

Lawline.com 's Weekly Wrap-up for CLE News. On this week's show, The Do's and Don'ts of Law Firm Life, CLE California Deadline, On The Line with Alan Schnurman Part 2, and a Lawline Exclusive CLE Preview with Abram Bohrer.

Bridgewater, NJ (January 12, 2010) – Fernando Pinguelo will speak at the Second Annual Campbell Law Review Symposium, entitled Emerging Issues in Electronic Discovery, on Friday, January 22, 2010, in Raleigh, North Carolina.  His topic will be “How Are Company Legal Departments Positioning to Deal with eDiscovery in the Event of Further Litigation.”  The Campbell Law Review Symposium expects to draw hundreds of practitioners and in-house counsel from across the country.  Pinguelo’s presentation is part of a larger project that will assist in-house counsel address electronic discovery issues in a meaningful and cost-effective manner.  The results of his project will be published within a special Campbell Law Review edition dedicated to electronic discovery.

The Campbell Law Review began publication in 1979 for the purpose of serving the legal community with scholarly articles, notes, comments and other reviews of legal topics.  The Campbell Law Review fulfills this service by placing special emphasis on issues from North Carolina and other states in the Southeast, as well as issues concerning national legislation and Constitutional questions from all circuits and the Supreme Court.

Pinguelo, Co-Chair of the firm’s Response to Electronic Discovery and Information (REDI) Group, devotes his practice to complex litigation with an emphasis on business disputes, electronic discovery, and media and employment matters.  He has experience in all facets of litigation (trial, mediation, arbitration, and appellate) in both federal and state courts. As a former prosecutor, he has tried several cases.  Today, Pinguelo handles a broad spectrum of disputes including copyright infringement, misappropriation of trade secrets, fraud, breach of non-compete covenants, discrimination, and business torts; and is able to address a rapidly evolving crisis or emergency.

A leader in the emerging area of electronic discovery, Pinguelo works with business owners, C-level executives, in-house counsel, and human resources, information technology, and risk managers to develop strategies to manage business and legal issues related to electronic documents. He recognizes that complex contract and statutory considerations impact the evolving business environment. This understanding enables him to help clients comply with the broad array of laws that regulate document management. Pinguelo focuses on preventing claims and pursues strategies that enhance a client’s ability to manage electronic documents because he is keenly aware of the financial and public relations fallout that can result from high-profile electronic discovery abuses and negligence.

Notably, Pinguelo was involved in New Jersey’s first case addressing its new electronic discovery rule amendments, and has lectured numerous times on the topic, including at the Judicial College which provides judges with a wide range of academic programs. He has designed a state-of-the-art electronic discovery law course and teaches one of only a few such courses in the country at Seton Hall University School of Law.  Recently, the Fulbright Program, the U.S. government's flagship international exchange program, designated Pinguelo a Fulbright Specialist for his work in eDiscovery, and he will engage in a project at a university in one of over 100 participating countries.  Pinguelo was also invited to be a member of eDiscovery Group of The Sedona Conference® Working Group Series, a prestigious series of think-tanks consisting of leading experts brought together by a desire to address various "tipping point" issues in each area under consideration.  Pinguelo founded and contributes regularly to eLessons Learned (www.eLLblog.com), an educational blog about electronic discovery best practices that was recently recognized by the ABA Journal magazine as being one of the top 100 law blogs of 2009.

Pinguelo earned his J.D. from Boston College Law School in 1997 and his B.A., magna cum laude, from Boston College in 1994.  He is admitted to practice in New Jersey, New York, and the District of Columbia.

~ ~ ~

Norris McLaughlin & Marcus has been serving the business community of New Jersey and the New York metropolitan area since 1953. Once a humble two-man practice on Main Street in Somerville, New Jersey, Norris McLaughlin & Marcus has become the largest firm in Somerset County and one of the top 20 firms in New Jersey, with a significant presence in New York City and the Lehigh Valley in Pennsylvania.

Norris McLaughlin & Marcus’ clients run the gamut, from Fortune 500 corporations to smaller publicly and privately held companies to start-up companies and individuals. The attorneys, with staff assistance, provide legal services in nearly every area of business law. A full practice area listing can be found at www.nmmlaw.com.

The firm’s more than 150 attorneys come from diverse backgrounds, hold degrees from top U.S. law schools and regularly serve as leaders in bar associations and various trade groups.  With 25 of its members listed as the Best Lawyers in America for 2010, in addition to an active repertoire of speaking engagements and legal publications, attorneys at Norris McLaughlin & Marcus embody large-firm talent in a small-firm setting. This combination of legal talent and personable surroundings allows attorneys at Norris McLaughlin to provide service and value to their clients on an individual level. It is the goal of Norris McLaughlin& Marcus to accommodate the needs of every client through the use of experience, strategic planning and common courtesy.

Norris McLaughlin & Marcus enjoys an international reputation for excellence through its membership in Meritas, the largest worldwide affiliation of high-quality, mid-sized law firms. With Meritas, Norris McLaughlin & Marcus is able to extend its services to clients in every state and in more than 70 foreign countries.

Lawline.com 's Weekly Wrap-up for CLE News. On This week's show, the first of 2010: Lawline.com Best Companies New York, The California Crunch, Marketing Director Jeff Reekers reviews "The Deep End", and a new Lawline.com Exclusive Course preview.

A friend recently purchased a used car "as is" for around $5,000 from a dealer. About 45 days later the transmission tanked. Unfortunately, the problem appeared after the state "lemon law" warranty expired.  My friend obtained several estimates for the repair, the cheapest of which was $1,400. Not wanting to pay so much, she returned to the dealer to see if they would help.

What negotiation approach should she take?

She could try a competitive approach and threaten to file complaints with the appropriate state regulatory agency and the Better Business Bureau and stop making her payments (the dealer had financed almost the entire purchase price).

Alternatively, she could take a more problem-solving approach and appeal to the dealer's sense of fairness and potential sympathy for her plight (she is a single mother and her car broke down shortly before Christmas).

Based on her positive experience buying the car (the dealer hadn't use overly competitive, high-pressure tactics), she decided to take the latter approach. It worked, and the dealer ultimately agreed to repair the car for only $300 even though they had no contractual obligation to do so.

The bottom-line: picking the right negotiation approach will help you get the best results.

__________________________________________________________________________________________


Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.
 

NEW YORK, Jan. 7 /PRNewswire/ -- Lawline.com is once again being recognized for its excellence and innovation. It was named one of the "40 Best Companies to Work for in New York" by the New York State Society for Human Resource Management and Best Companies Group. This comes just a few short months after being chosen a finalist in the "Best Customer Service" category by the New York Enterprise Report.

Established in 1999, Lawline.com has become one of the nation's leading providers of Online Continuing Legal Education. Focusing on “quality, price and service” has always been its primary mission. Lawline.com has been able to achieve this goal by hiring energetic, highly motivated individuals and exposing them to multiple departments in order to find the best fit for the employee’s skill set.

David Schnurman, Lawline.com's President, believes this is at the core of his company’s success. “Our greatest assets are our employees. We strive to provide them with what they need to excel, and in return we believe that this maximizes their potential."

Lawline.com is always on the lookout for great talent and often meets them in the most unexpected places. One such example is when Schnurman explored joining a gym for his employees near his office. He was so impressed with the corporate sales manager, he hired him as a consultant to train his key personnel in sales and customer service at 8:00AM every day. The response was overwhelming and before long, the conference room was filled with other employees wanting to participate in the morning brainstorming. Within three months, he was hired full time as V.P. of Sales.

Lawline.com will be honored at the Best Companies to Work for in New York at the awards dinner on Wednesday, April 21, 2010, at the Albany Marriot.

If you would like more information on Lawline.com, visit www.Lawline.com or contact Jeff Reekers at (646)448-3265 or Jeff@Lawline.com.

About Lawline.com

Lawline.com was founded in 1999 and was one of the first companies to offer online Continuing Legal Education. Lawline.com now provides hundreds of hours of original online CLE programming to attorneys across the nation.

Lawline.com expanded from Lawline, a well regarded legal television program in the New York Metropolitan area. 
 

ABC is releasing a new legal drama series entitled The Deep End. The show’s premise centers on the cutthroat competition amongst a group of young attorneys as they strive to be accepted into Sterling Law, a prestigious Los Angeles Law Firm.

Here at The Legal Beat, we’ll be watching closely and providing weekly episode reviews.

The Deep End airs January  21 from 8:00-9:00p.m., ET, on Twentieth Century Fox Television.

Check out the clip for an introduction to the series.

In this episode of On The Line, Alan Schnurman discusses his early days as a Personal Injury attorney and also reflects on his the proud moments of his career. He further reflects on what some of the more embarrassing moments in his career has taught him about his work. Even after thirty-eight years of practicing, Alan explains why he still gets nervous in trying a case. Go to The Legal Beat to catch Part 1 of Alan's interview and Lawline.com for all of your CLE needs and to view Alan's CLE courses.

In a Forbes.com article last week, Jerry Kennelly, a 30-year Silicon Valley veteran, described a negotiation he was involved in while at Inktomi, one of the first internet search engines, as follows:  “There were two of us, and when we went into the room we faced 14 people.”

Using the power in numbers ploy is a common negotiation tactic.  For example, if you show up for what you think will be a one-on-one meeting and your counterpart brings along his technical expert and a secretary, you will be at a disadvantage because you lack your own expert and will end up with a less detailed written record of the commitments made during the session.

How can you avoid being strategically outnumbered?

Find out who will attend before the meeting.  Don’t hesitate to negotiate this aspect of the agenda.  If you still wind up outnumbered, ask your counterpart’s decision-maker to go to a nearby room to see if you can reach a deal.  Ask, “You don’t need your entire team with you, right?”
 

Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.
 

Tonight in New York City, the Times Square Ball will reach its descent at the stroke of midnight, confetti will explode through the air, balloons will become lost in the stars, and cheers will be heard for miles. Some will be celebrating the final moments of 2009. Some will be celebrating the hopes and dreams of the New Year. Yet, the legal community will be embracing the legendary career of Robert M. Morgenthau.

After 35 years at the helm of Manhattan’s District Attorney’s office, the man known as the nation’s premier DA and the inspiration behind the “Law and Order” television series is stepping down at the age of 90.

Many have called him fearless, bringing high profile celebrities, mobsters, terrorists, money launderers, and Wall Street criminals to justice. Likewise, he brought justice between the blocks and cleaned up much of the crime-ridden streets of New York.

Back in 1975, when Mr. Morgenthau took office, New York City was in the midst of a crime wave. Fast forward to 2009, and New York City has one more thing to celebrate this New Year's Eve: fewer murders this year than any in recent history.

According to an article by CNN.com, much of this can be attributed to his restructuring of the prosecution system. In the old system, a single case could see up to five different representing attorneys, making dismissal rates high and conviction rates low. Under the restructured system, known as "vertical prosecution," a single attorney follows the case from beginning to end. The result has been lower dismissal rates, higher conviction rates, and, in the eyes of the district attorney, greater justice.

Regardless of the time and effort necessary to prosecute street criminals, unions and mob-controlled trash-collection companies, Mr. Morgenthau kept his sights clear on white-collar criminals. New York City is at the center of the global financial markets, and thus financial crimes in the city have potentially global implications. Manhattan's DA was aware of this and made it a priority. This past year, according the CNN.com article, the DA’s office received $175 million in a settlement with Lloyd's bank in a wire fraud suit. Last year, the office sent $181 million to New York City and $119 million to the state.

As with all high profile people, he had his critics, but it’s hard to understate what Mr. Morgenthau has done for installing justice in the city of New York. So tonight, as the ball lowers in Time Square, celebrate the passing of 2009 and the welcome the New Year, but also embrace the final moments in office of a legend. 
 

In this episode of the The Legal Beat Tip of The Day, Personal Injury attorney, Gerald Oginski, discusses marketing his legal services. After years of investing in traditional marketing and advertising, Gerald focused his efforts online with viral video media. Go Lawline.com soon to view Gerald Oginski's full course.

Creative thinking and commanding knowledge of the law landed Lawline.com faculty member Gerald L. Shargel into Sunday’s New York Times.  The article, entitled Bail Sitters, discussed the increased privatization of bail, and detailed such high-profile cases as that of Bernie Madoff and Marc S. Dreier, the latter who Shargel defended.

Shargel has produced such Lawline.com courses as Ethical Issues with Roger Clemens and Other High Profile Clients and A Practical Approach to the Rules of Evidence, amongst several others. He has been a member of the New York Bar since 1969 and limits his practice to the defense of serious criminal cases. Over the past several decades, Shargel has handled numerous high profile cases at both the trial and appellate level.

Shargel is cited in the article for his role in convincing the courts to allow his client, Mr. Dreier, to be released into the custody of a team of private guards at his home. “What guards do is put a mechanism in place that reassures the court,” Shargel explained in the article. “There are people on site who are there to make sure that the conditions are enforced.”

Bail generally cannot be denied unless there is reason to believe that the individual poses a danger to the community or is a threat to escape. It is often associated with favoring wealthy individuals; the poor often lack the resources to post bail. As Judge Jed S. Rakoff wrote in his statement for the Dreier case, “This is a serious flaw in our system. But it is not a reason to deny a constitutional right to someone who, for whatever reason, can provide reasonable assurances against flight.”

Shargel has also been the recipient of many awards, including the New York State Association of Criminal Defense Lawyers’ Thurgood Marshall Award for outstanding criminal law practitioner.

Bridgewater, NJ (December 21, 2009) – Editors of the ABA Journal announced they have selected E-Lessons Learned as one of the top 100 blogs by lawyers, for lawyers.  E-Lessons Learned was founded by Fernando M. Pinguelo, a Member of the law firm Norris McLaughlin & Marcus, P.A. and Adjunct Professor at Seton Hall University School of Law.

“Each year, it’s gotten harder and harder to pick the 100 best blogs because so many lawyers are now sharing their professional expertise online,” says Edward A. Adams, the Journal’s editor and publisher. “We’ve never had as strong a group of law blogs as we have this year.”

E-Lessons Learned is an educational blog about electronic discovery and how technology affects corporate governance and lawsuits.  E-Lessons Learned features insightful content authored by young lawyers and law  students from across the country.  Each blog post identifies a case that includes a technology-related mishap, which occurred through negligence, ethical lapses in judgment, too much reliance on outside counsel and vendors, or fraud; exposes the specific conduct that caused a problem; explains how and why the conduct was improper; and offers suggestions to businesses about how to learn from these mistakes and prevent similar ones from re-occurring.

“It seems only fitting that a course in electronic discovery – which teaches students the art and science of using electronically stored files and emails to build a legal case – would use a Web-based tool as a study aid and an opportunity to develop further e-skills,” explained Fernando M. Pinguelo.

Pinguelo described the impetus behind the creation of e-Lessons Learned: “I wanted to create a place where business leaders and corporate counsel could see first-hand how technology impacts lawsuits and learn how common mistakes can be avoided.  I also wanted a place where my students could showcase their skills and contribute meaningfully to the legal discourse of this emerging area.  E-Lessons Learned does just that.  It’s a place where ‘law, technology, and human error collide.’”

Pinguelo, Co-Chair of the firm’s Response to Electronic Discovery and Information (REDI) Group, devotes his practice to complex litigation with an emphasis on business disputes, electronic discovery, and media and employment matters.  He has experience in all facets of litigation (trial, mediation, arbitration, and appellate) in both federal and state courts. As a former prosecutor, he has tried numerous cases. Today, Pinguelo handles a broad spectrum of disputes including copyright infringement, misappropriation of trade secrets, fraud, breach of non-compete covenants, discrimination, and business torts, and is able to address a rapidly evolving crisis or emergency.

A leader in the emerging area of electronic discovery, Pinguelo works with business owners, C-level executives, in-house counsel, and human resources, information technology, and risk managers to develop strategies to manage business and legal issues related to electronic documents. He recognizes that complex contract and statutory considerations impact the evolving business environment. This understanding enables him to help clients comply with the broad array of laws that regulate document management. Pinguelo focuses on preventing claims and pursues strategies that enhance a client’s ability to manage electronic documents because he is keenly aware of the financial and public relations fallout that can result from high-profile electronic discovery abuses and negligence.

Notably, Pinguelo was involved in New Jersey’s first case addressing its new electronic discovery rule amendments, and has lectured numerous times on the topic, including at the Judicial College which provides judges with a wide range of academic programs. He has designed a state-of-the-art electronic discovery law course and teaches one of only a handful of such courses in the country at Seton Hall University School of Law.  Recently, the Fulbright Program, the U.S. government's flagship international exchange program, designated Pinguelo a Fulbright Specialist for his work in eDiscovery, and he will engage in a project at a university in one of over 100 participating countries.  Pinguelo was also invited to be a member of eDiscovery Group of The Sedona Conference® Working Group Series, a prestigious series of think-tanks consisting of leading experts brought together by a desire to address various "tipping point" issues in each area under consideration.

Pinguelo earned his J.D. from Boston College Law School in 1997 and his B.A., magna cum laude, from Boston College in 1994.  He is admitted to practice in New Jersey, New York, and the District of Columbia.

Norris McLaughlin & Marcus has been serving the business community of New Jersey and the New York metropolitan area since 1953. Once a humble two-man practice on Main Street in Somerville, New Jersey, Norris McLaughlin & Marcus has become the largest firm in Somerset County and one of the top 20 firms in New Jersey, with a significant presence in New York City and the Lehigh Valley in Pennsylvania.

From Aha! Jokes

Whereas, on an occasion immediately preceding the Nativity festival,throughout a dwelling unit, quiet descended, in which could be heard no disturbance, not even the sound emitted by a diminutive rodent related to, and in form resembling, a rat; and

Whereas, the offspring of the occupants had affixed their tubular, closely knit coverings for the nether limbs to the flue of the fireplace in expectation that a personage known as St.Nicholas would arrive; and

Whereas, said offspring had become somnolent, and were entertaining re: saccharine-flavored fruit; and

Whereas, the adult male of the family, et ux, attired in proper headgear, had also become quiescent in anticipation of nocturnal inertia; and

Whereas, a distraction on the snowy acreage outside aroused the owner to investigate; and

Whereas, he perceived in a most unbelieving manner a vehicle propelled by eight domesticated quadrupeds of a species found in arctic regions; and

Whereas, a most odd rotund gentleman was entreating the aforesaid animals by their appellations, as follows:

"Your immediate co-operation is requested. Dasher, Dancer, Prancer, and Vixen; and collective action by you will be much appreciated, Comet, Cupid, Donner, and Blitzen"; and

Whereas, subsequent to the above, there occurred a swift descent to the hearth by the aforementioned gentleman, where he proceeded to deposit gratuities in the aforementioned tubular coverings.

Now, therefore, be ye advised: that upon completion of these acts, and upon his return to his original point of departure, he proclaimed a felicitation of the type prevalent and suitable to these occasions, i.e.:
 

The above was provided by Aha! Jokes and can be found at http://www.ahajokes.com/acmas.html

The PGA Tour’s current television deal with CBS and NBC expires in 2012 and negotiations for a new contract are expected to begin soon.  For obvious reasons, both sides are closely following Tiger Woods’ recent travails. 

So what negotiation lessons come to mind? 

First, leverage is fluid so strike while the iron is hot.  Here, the networks’ leverage improved dramatically with Woods’ announcement that he’s taking a sabbatical from golf.  His absence will almost certainly result in lower TV ratings while he is out, which lowers the value of the broadcast rights, including for the future (for who knows if and when Woods will return and the impact his problems will have on his and the PGA Tour’s popularity).  As a result, the PGA Tour most likely will try to delay signing any new deal until after Woods’ return has been confirmed and some of its impact evaluated. Likewise, the networks may push for a deal sooner not later.

And second, watch the negotiations to see how the networks will rely on objective criteria to support their position.  Specifically, television ratings decreased by half while Woods’ was sidelined by knee surgery in 2008 – and they will very closely monitor their current ratings while Woods is out now. And if the ratings, as expected, drop precipitously, then watch the networks use those to try to get a better deal.

__________________________________________________________________________________________

Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.

Lawline.com 's Weekly Wrap-up for CLE News. On This week's show: Lawline.com's Tennessee Deadline update, Unique Holiday Gifts for Attorneys, and a new Lawline.com Exclusive Course preview.

The Virginia State Bar has proposed legislation that would restrict attorneys to taking only 8 of their total 12 annual MCLE online. We will be polling members for submittal to the state bar and will  post these results as they finalize later today.

The following is a compilation of some of the feedback we have received from our Lawline.com members. We have kept the comments anonymous to conserve our member's confidentiality.

“I fail to understand why the Bar feels it needs to turn its back on progress.” 

“Online education save on transportation and other expenses, increases productivity and allows me to practice law while staying current.”

“Ridiculous, absolutely ridiculous. Why the Va Bar believes attorneys must be treated like school children is beyond comprehension.”

“With a child at home, I cannot attend live seminars and likely would have to withdraw from the firm and change my license to inactive status.”

“My instructors online are far better than the"in-person" instructors who have graced the podium.”

“I believe this proposal was presented to permit certain organizations to generate more revenue.” 

“There is absolutely no benefit whatsoever from physically attending live CLE courses.”

"Online courses afford me the opportunity to get up, stretch, get a coffee, or even eat during the presentation WITHOUT MISSING A SINGLE WORD presented -- a feat unattainable with live courses."

“It will significantly increase the costs of my CLEs.”

“It would limit the CLE programs I could take to those offered only in the town where I live.”

“Its all about the money for them.” 

“I have no doubt that the initiative is supported by CLE providers, sponsors and presenters with an active interest in real-time formats, all of which are losing market share to pre-recorded programs.” 

“There is virtually nothing to be gained by the proposed restriction.”

"I would be very disappointed if I could not continue taking all my classes on-line.” 

“This is the worst thing the VA State Bar could do."

Feel free to add any of your own comments or feelings.

In this Lawline.com Exclusive CLE Trailer, Attorney Louis Bricklin discusses the fundamentals of Insurance Bad Faith Claims. He further explains the burden of proof in a Bad Faith Claim case. Go To Lawline.com to view the full course.

If you’re in purchasing or procurement, how can you reduce your costs, increase your margins, and still ensure the quality of service required from your vendors?
 
When your vendor contracts come up for renewal, bid out the contract and come up with several alternate plans to renewing the current deal. While you may ultimately stick with your current vendor, this classic leverage move—especially effective in a down economy—ensures you will tap into hungry and possibly desperate vendors increasingly worried about revenue and finding and keeping good customers. The better your plan B, the stronger your leverage; and the stronger your leverage, the higher the likelihood you can negotiate better deals.

And if you’re on the sales or vendor side, reassess your leverage and, as much as possible, incentivize your customers so they don’t bid out your contracts. At the same time, seek out new customers. Challenging times often present great opportunities if you can undercut your competitors’ prices.

__________________________________________________________________________________________


Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.
 

In her Tuesday New York Times article, "So How’s It Going?," Jennifer Walzer states that she needed “to come up with a better way to track what happens in the office when I’m not there – and even when I am.”  She then recognizes that “if I want to provide my employees with clearly defined expectations and then hold them accountable, I have to have a way to measure their performance.”

We hear these same two concerns over and over again from negotiation managers.  So how can you best address these issues in the negotiation management context?

First, create negotiation best practices for your team. Negotiation is one of the last significant areas in business that remains largely unmanaged. Frankly, the vast majority of negotiators just don't consistently and systematically use proven, research-based strategies.  Fortunately, research over the last 30 or so years has tested various negotiation strategies, and it's now become fairly clear which techniques work and which don't.

Second, require your team to implement those best practices.  More specifically, require them to:
   
1. Complete a best practices-based strategic negotiation plan prior to their significant negotiations (and which should include setting specific, written goals and a number of other proven research-based strategic and tactical elements);

2. Update their plans during their negotiations and send you reports of their key moves;

3. Track and retain all of their strategic plans, including their results and lessons learned, and other crucial intelligence that's been gathered; and

4. Incentivize their changed behavior.

Finally, make this relatively easy for your team to accomplish (if you don’t, it will be very hard to get your team to actually do it). You can start having plans developed with word processing and/or spreadsheet programs at a basic individual level. But at an enterprise level, you will need more, one solution of which is my ExpertNegotiator Planning & Management software.

Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.

Lawline's weekly wrap-up for CLE news.  

 In her Monday New York Times article, “Trying to Sell Your Business?  Think Like a Buyer,” Barbara Taylor asks, “Why is it so difficult for business owners to put themselves in the shoes of a potential buyer?”
 
One of the main reasons is the vast majority of people negotiate instinctively, not strategically.  In other words, they don’t systematically and comprehensively prepare for their significant negotiations based on the experts’ proven research. Instead, they prepare and negotiate in an off-the-cuff manner.  So not only are they not adequately considering their counterparts’ situation, they’re not even fully exploring their own. 
 
Negotiation research over the past 30 years has proven emphatically that negotiating strategically will improve your results.  Our Five Golden Rules of Negotiation methodology includes all of the key research-based components present in significant negotiations, included understanding your counterpart’s perspective.  What about your counterparts do you need to know?  As a starting point, answer these questions:
 
1.  What are your counterparts’ goals and interests?

2.  What is their preferred negotiation style and what negotiation strategies have they used in the past?

3.  What is their need level (how badly do they need the deal) and what is their best alternative to doing a deal with you (their Plan B)?

4.  What objective criteria (like market value or precedent) will they rely on to justify their position?
 
Investigating and answering these questions will help you get the best deal possible.

__________________________________________________________________________________________


Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 on Latz@ExpertNegotiator.com.
 

Baltimore’s mayor Sheila Dixon was convicted of one count of fraudulent misappropriation, The Associated Press reported Tuesday afternoon. The elected Democrat used or kept gift cards originally intended to be given to the city’s poor.  Although acquitted of a felony, Dixon does face possibly losing her seat in office.

Dixon is believed to have kept $630 worth of gift cards from Best Buy, Old Navy, and Target. After searching her home, prosecutors report finding an Xbox, Playstation, video camera, and DVDs, all believed to have been purchased with the cards.

Dixon’s defense, however, pointed to Ronald Lipscomb, a man who the defense stated has a romantic interest in Dixon, and had been recently providing her with anonymous gifts. According to their argument, Dixon thus assumed the cards had also been from Lipscomb.

Dixon, Baltimore’s first African-American mayor, has brought other controversy during her career. She was indicted in January 2007 for corruption charges as City Council president, the Associated Press states. However, she has been popular during her time as mayor, and she has been recognized with great results in reducing the city’s crime and improving its recycling system.

Other accusations are coming up for the mayor as well, including a perjury charge for not reporting Lipscomb’s gifts. The conviction of these accusations can only lead Dixon closer to being removed from Baltimore’s lead.

Source: Associated Press

Be thankful for attorneys on Thanksgiving. Happy Thanksgiving from Lawline.com  

Attention all attorneys in Alabama, Alaska, Colorado, Delaware, Georgia, Idaho, Indiana, Iowa, Louisiana, Nevada, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Tennessee, Washington, Wisconsin, I have some good and bad news for you. Which one would you like first?

We’ll start with the bad news: your CLE deadlines are approaching fast. December 31 is the day for most of you, and that day is fast approaching. Let me say, it may not be a bad idea to start planning to finish your requirements, because with the Holiday Season starting, life is likely to become only more hectic. That’s the bad news.

The good news, you ask? Online CLE provides a perfect opportunity to finish these requirements well before the deadline while reducing Holiday Stress. What better time to start than Black Friday? While the rest of the country fights, scratches, and crawls into department stores, you can kick back and relax, learn, and check off your CLE deadline.

Using the visual, the advantages to an Online CLE Black Friday are evident:

1)    Stay warm in bed and not cold in the streets.
2)    Be comfortable in your pajamas all day long.
3)    Avoid angry and potentially dangerous mobs.
4)    Have the freedom to grab a snack, be with family, and enjoy home.
5)    Learn in a stress free manner.
6)    Complete a required task before the deadline.
7)    Release any built up stress on pillows, rather on nearby shoppers (plus the latter can come with serious legal repercussions, which you could be learning all about meantime!)

So enjoy the weekend, give thanks, and relax. But know that if you would like to get a head start on some of the tasks for this busy Holiday Season, Online CLE is there for you when you need it!

Lawline.com celebrates its legal professionals and their ongoing commitment to the field of CLE. The Harvard Club, New York City.

As President Obama continues his first presidential trip to Asia, much attention has been focused on his negotiation approach and whether he has achieved noteworthy results.  Obviously, a whole range of difficult, complex and long-term issues are being addressed, including those in the economic, political, environmental and human rights arenas.
 
My take on the trip so far is that President Obama has focused on long-term relationship building and information gathering instead of short-term headline-generating results.  Why might this be his strategy?    
 
It is critical to uncover the fundamental interests underlying the parties’ positions.  Interests are the parties’ needs, desires, concerns and fears.  They’re the basic driving forces that motivate parties.  The number and type of interests in complex negotiations like those involving China and the United States are many and varied.  For example, the parties’ interests here include maintaining and increasing their political power and influence, both domestically and internationally, and ensuring and improving their security and economic well-being. Plus, I suspect both sides’ here are focused on their long-term relationship interests.
 
Positions, by contrast, are what each side believes or states will satisfy their interests.  At a basic level, positions are what you want.  Interests are why you want it.  In the information-gathering stage of a negotiation, you must do your research and drill down far enough to discover your and the other side’s fundamental interests.  Why?  It will help you define success, leave as little as possible on the table and find the true “win-win” outcomes. Ultimately, I believe the success of President Obama’s trip will be measured more by what he is able to accomplish over the course of his time in office rather than by any specific results achieved this week.


-----------------------------------------------

Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.

You make plans for dinner at a well-known restaurant, set the reservation, show up on time, and then somehow end up waiting an extra half hour before you actually sit. Then, it takes an additional fifteen minutes before you receive your first drink. Ordering the meal takes equally as long, and don’t even think about a refill on that drink. Your only chance is to manually flag down the waiter, and that’s not something any patron should have to do.

Customer service can make or break a client's experience. Here at Lawline.com, we make our Customer Service a priority. We don’t just offer a product, but a service as well.

Here are just five of the philosophies of Customer Service we focus on every day:

1)    Create an Positive Experience

We don’t want to just sell a product and be done. We want to provide the greatest utility possible to our customers, and every interaction is an opportunity to maximize this. The relationship we establish with each customer is part of what our business offers.

2)    Listen

Who knows customer service better than the customer? We take to heart everything our customers say, positive or negative, so that we can provide a great experience. Listening allows us to create a Virtuous Learning Cycle where we can constantly improve our products and services to fit each individual customer.

3)    Be There when the Customer Needs You

We provide round the clock feedback. We understand customers have different schedules and may need our services at various hours. At Lawline.com, support e-mails are answered on average within fifteen minutes of submission on weekdays. This is something we take great pride in.

 4)    Follow-up

We always seek closure with a client or potential customer. We want to know whatever issue or concern you had was resolved, and we do not want to make any assumptions. We are here to help, and that means seeing your concerns to the end.

5)    Be Passionate

What good does it do to have all these key outlines and goals if employees are not passionate? Here at Lawline.com we have passion. We want to help, we enjoy interaction, and when our customer has a positive experience it means we did our job. This passion creates a continuous improvement cycle and facilitates the necessary environment for great customer service.

Those are some of the foundations of great Customer Service we believe in here at Lawline.com. More importantly, however, what do you think are some additional keys to providing great customer service?

Do you have questions for the Lawline CLE faculty members appearing on our upcoming programs? If so, Lawline wants to hear from you. Send your questions for our CLE faculty to me at Meredith@lawline.com or support @lawline.com. The Lawline team looks forward to hearing from you.
 

Upcoming Lawline CLE Prorgams

David Klein- Email Marketing

Richard Abend and Josh Silber- Hospital and Medical Records Used in Evidence.

Lily Royer- International Custody Dispute

As the host of The Legal Beat, I promised that I would start tweeting. I enlisted the help of Tim Baran, of UMCLE. In this episode of On The Line, he discusses the importance of attorneys being engaged in social networking such as Twitter. He further notes the future relationship between CLE and such social media platforms as Twitter.

A recent New York case is going to have large implications for parties and attorneys relating to e-discovery and litigation holds.

The case, Einstein v. 357 LLC et al., involved plaintiffs Harold Einstein and Jennifer Boyd in an action against The Corcoran Group, a national real estate broker, for the defective design, construction, and sale of a duplex condominium in Brooklyn, New York. The court ruled in favor of the plaintiff, and found that the defendant was in violation on various grounds of discovery. 

In a first of its kind case, the court ruled that failure to preserve electronic documentation upon the commencement of litigation constitutes gross negligence. In this case, The Corcoran Group was unable to submit to the courts electronic documentation, citing that routine deletion of these files was a part of its general business practice. However, upon litigation, The Corcoran Group failed to alter this scheduling and continued to delete potentially relevant electronically stored information (ESI).

As a result, Justice Charles E. Ramos concluded that “[The Corcoran Group] are deemed to have known of the water infiltration problem and to have willfully misled the Plaintiffs by concealing that condition from them during the sales process.”

The discovery issues at hand have been previously reviewed at the federal level under the Federal Rules of Civil Procedure and from the Zubulake decision; however, the court’s decision in this case represents New York State’s adaptation of those Federal rulings. Plaintiff attorney Jay Itkowitz, of the law firm Itkowitz and Harwood, cited the federal courts hand in the decision.

“The Federal Courts had what I would say is persuasive authority,” Mr. Itkowitz stated. “But the Judge also applied New York standards in the decision.”

The standards in New York can be traced back to when paper documentation was the primary source of record keeping. Discarding relevant paperwork while under litigation would violate the concept of protecting key information, and the Einstein decision carries the concepts of paper records over to electronic data. “You have evidence, you have to preserve it,” Mr. Itkowitz explained.

The only separation between the state and federal findings may revolve around the Plaintiff. At the federal level, the party producing the electronic data must pay for its imaging and review; however, in New York State, the Plaintiff is likely to be the one responsible to pay.

Simon Reiff, Itkowitzs’ partner as the Plaintiff’s representative, believes that the decision will have great significance on the way electronic information is handled in New York.

“Any litigator in New York now must advise his/her clients to preserve all relevant data,” Mr. Reiff stated. “But also [he/she] must inquire as to the basic mechanics of the client’s IT configuration and methods of business communications,” Mr. Reiff stated.

The Einstein decision will eradicate the excuse of ignorance in terms of how ESI is saved, deleted, and retrieved. Clients and their legal representative must now have a clear understanding of the involved IT configurations.

As Mr. Reiff stated following the decision, “Those attorneys and parties who fail to take preservation efforts upon being apprised that litigation is reasonably imminent risk severe sanctions.”


 

Director of Customer Experience, Christie LaBarca, reviews Lawline's newest customer service project, Project We Care.

The Legal Beat Clip of The Day features the CLE Faculty Spotlight with Anne Jordan. She discusses her background as an attorney practicing Discovery and Electronic Discovery. Anne focuses on the ethics of Electronic Discovery and also provides tips necessary to preserving these ethics.

If I were to describe a life in which one was served a private breakfast and dinner, given free daily exercise in the California sun, full control over the television and CD player in the evenings, and a private room to sleep in at night, you probably wouldn’t think of a California death-row inmate, but that’s exactly what it is.

Heck, that sounds like a life that most married men would envy. Full control over the remote? That sounds like pretty decent freedom for an inmate. Not to mention, these individuals also receive liberal telephone use and the ability to individualize their cells with entertainment and snacks.

An argument may be that these individuals are given a little extra luxury due to the doom that awaits them. However, with California’s system, many may not live long enough to see their death sentence. Despite having the nation’s longest list of death row inmates with 685 currently sentenced, California has only completed 13 executions since capital punishment resumed in 1977. According to an LA Times article, 75 inmates on death row have died premature of their sentencing date. Good thing they were provided so many special privileges. 

The costs associated with this inefficiency have not been kind to the state taxpayer either. California, a state that has been hit hard financially over the past decade, really does not have the extra cash to fork over for this. According to the LA Times, “A state commission of experts last year estimated that the additional security and legal spending for capital inmates costs taxpayers $138,000 per death row prisoner each year.” Who needs education anyway?

Executions in the state are currently on hold as review possible reform to the lethal injection procedure. Nonetheless, Federal Judges need to get on track with this issue. It’s taking money out of the state taxpayer’s pockets and allocating resources away from a plethora of state issues that could use the funds.

Some of the points in here may be a little extreme. Obviously, a life in the cellar ticking down the days until your execution is not a luxury or a life many of us on the outside envy. Nor does spending even a day in San Quentin sound like anything most us would remotely wish to experience. However, if confronted with the choice between life in prison or the death-sentence, the latter seems to be the better choice.
 

When it comes to patent law, there is much up to interpretation, especially if the patent pending material verges on the side of the abstract. On Monday, the Supreme Court Justices took on a case that has the potential of reshaping the concept of abstract patents.

The case revolves around Bilski and Warsaw v. Kappos, and the issue pertains to an abstract intellectual patent for which the two had been denied. Their proposed idea, in which they applied for in 1997, is a methodology of hedging to cut energy costs. They believe the process would help utility companies, factories, schools, and other institutions have more predictable and stable energy bills. The validity of their idea has not been questioned; however, the ability to patent the proposition has brought great controversy.

Mr. Bilski and Mr. Warsaw’s attorney J. Michael Jakes, received intense questioning and skepticism from justices. Some made it into a laughable matter by comparing the proposed patent to incongruous hypothetical cases, such as patenting teaching methodologies or book ideas. 

State Street Bank v. Signature Financial Group had opened up the patentability of business models, and a model could be eligible if it provided a useful, concrete, and tangible result. Although this temporarily paved the road for many business patents, these findings are no longer in consideration for US patent law.

Concurrently, the US Constitution states that patents should bring protection to authors and inventors alike in order to “promote progress of science and useful arts.” The degree to which this is applicable is material for the court to review.

For more information, go to: http://www.nytimes.com/2009/11/10/business/10patent.html

Interview with attorney Jonathan Schecter

Lawline.com's Weekly News Wrap-Up

Intel’s antitrust allegations had simmered in the United States the past decade. However, on Wednesday, New York attorney general Andrew M. Cuomo filed a suit against the microprocessor giant on the basis of aggressive business tactics and unlawful payments to PC makers.

Intel, the world’s largest computer chip manufacturer, supplies approximately 80 percent of the computerized chips used in creating PCs and servers. Cuomo, according to a New York Times report, believes Intel has abused its market dominance: “Intel has used illegal threats, coercion, fines and bullying to preserve its stranglehold on the market.”

Cuomo also stated in the report specific tactics Intel has used to keep Dell Computers from seeking smaller suppliers, including large rebates and co-marketing arrangements. 

Although there has been little previous activity domestically in antitrust allegations, the company has been fighting suits in Asia and Europe the past five years. Most recently, the European Commission fined Intel $1.45 billion for violating antitrust laws, to which Intel is currently appealing.

Intel has also been involved in a suit with A.M.D., Intel’s longtime competitor, and constantly under the watchful eye of the Federal Trade Commission.

Intel has fought the accusations all along, citing in the report the benefit that they have provided consumers in innovation and low prices.

Many gay-rights activist saw great potential in establishing same-sex marriage in Maine. However, on Tuesday's state ballot, Maine voted against the legislation. Maine is now the 31st state to reject a proposition to legalize same-sex marriage.  

The state was a top prospect for gay-rights advocates. Its New England neighbors, including Vermont, Massachusetts, New Hampshire, and Connecticut, allow same-sex marriage. In addition, Maine’s liberal political makeup made it a seemingly greater prospect for advocates. The loss now places additional pressures on supporters to rethink their campaign efforts.

Currently, gay-rights groups have focused on the creation of new legislature across individual states. However, the loss in Maine brings with it the perspective of gay-rights advocates to campaign through federal efforts.

Concurrently, gay-rights opponents see Maine’s results as a representation of America’s overall beliefs. According to the New York Times report, Maggie Gallagher, president of the National Organization for Marriage, stated, “Maine is one of the most secular states in the nation, it’s socially liberal, they had a three-year head start to build their organization and they outspent us two to one. If they can’t win there, it really does tell you the majority of Americans are not on board with this gay marriage thing.”

For now, individual states will continue to be polled over the potential legislation. Voters in New York, New Jersey, Oregon, and California will all likely see same-sex marriage on ballots in the upcoming years.

GOP members are boycotting a Senate committee’s debate on climate control legislation, the Associated Press reported Tuesday. The proposal aims to cap greenhouse gases generated by industrial plants and curb fossil fuel usage.

Republicans demand further studies on the economic impacts of the proposal. Republic Sen. George Voinovich of Ohio, the only GOP member in attendance at the debate, stated that the GOP’s reasoning for boycott lies in the ambiguity of the future fiscal implications of the potential legislation.

The Environmental Protection Agency has projected costs to be no greater than $111 per year, but the GOP believes this projection needs greater backing. The legislation would utilize tradable pollution permits to create a 20 percent reduction in greenhouse gas emissions by the year 2020 and an 83 percent reduction by 2050.

Senator Barbara Boxer, D-Calif., who serves as the committee chairman, reports that she would like to accommodate the GOP, but also hopes to keep the process moving forward. Currently, Democrats have a 12-7 majority within the committee, which would provide enough votes to send the proposal to the Senate.

Republicans stated in a letter to Boxer that, according the AP’s report, ignoring the GOP’s concerns ''would severely damage rather than help'' the bipartisanship needed to pass the bill through the Senate.

Facebook has taken a strong stances against internet spam in the past, and it has recently strengthened that reputation. This past week, the online social media giant, based in Palo Alto, California, received $711 million in damages after a U.S. District Court Judge ruled Nevada resident Sanford Wallace violated the U.S. CAN-SPAM Act and California’s anti-fishing law on Facebook’s website.

The CAN-SPAM Act, which offers protection against unsolicited emails, not only affects large corporations like Facebook, but also individual users. Although the verdict directly impacts Facebook, it also sets a precedent that can protect all individual email users from unsolicited marketing campaigns.

This is not the first time a large corporation has taken action against spam. In addition to another case involving Facebook in 2008, in which the company received $873 million in damages, Microsoft and AOL have also taken legal action to halt spamming. Just last month, Microsoft filed five suits related to spam and deceptive internet practices. AOL has also been involved in numerous cases throughout the past decade, although none to the extent of the damages awarded in the recent Facebook decision.

Facebook likely will never collect the full sum from Sanford. However, the case sets an important legal precedent against spam, and many, including Facebook, will deem this externality as victory enough.

Lawline.com's Legal Beat's Clip of The Day with David Japha. Look out for the full course on Lawline.com soon.

Attorney Bart Basi offers the Lawline Tip in The Legal Beat Clip of the Day. Go to Lawline.com now to view the full course.

Lawline's Weekly CLE News Wrap-Up

Hogan and Hartsen is currently in advanced talks for completing a merger with Lovell, the New York Times reported.  This merger would create one of the world’s largest law firms.

Both firms are already internationally stable, as Hogan owns 14 offices outside of the United States and Lovell 26. Combined, the firm would have an estimated 2,500 attorneys with revenues of approximately $2 billion.

Established in 1904, Hogan and Hartson, based in Washington D.C., is the oldest major law firm in the United States, and currently employ approximately 1,100 employees. In 2006, the American Lawyer listed the company as one of the top twenty firms in the United States. 
Lovell currently has a strong hold in nearly every European district. It has also had an extensive history of mergers, most notably with the German firm Boesebeck Droste in 2000, which has increased its client base.

The two firms have reportedly been in negotiation for two years, and have now engaged in higher talks due to growing legal market opportunities abroad in countries such as Russia, Brazil, and India. 

PepsiCo was a no-show at its court date on Wednesday, October 28, and consequently lost a default decision for $1.26 billion. A lack of representation at such a case is highly unusual, especially for a company with as many attorney contacts and representatives as PepsiCo.

The suit involved two men, Charles Joyce and James Voigt, who accused PepsiCo of using their idea to sell purified water. The two claimed they had met with company officials and presented the idea, but received no feedback despite the decision to launch Aquafina, PepsiCo’s branded purified water that has accumulated billions in profit.

PepsiCo argues that the company has been improperly served, and that the decision should be overturned as a result. However, other sources have cited misplaced paperwork as the reason for PepsiCo’s absence.

A hearing will be held on November 6, allowing PepsiCo to argue its side of the issue.

At 2:30 p.m. today, President Obama signed the 2010 National Defense Authorization Act. The bill will bring Federal protection to the homosexual, bisexual, and transgender community. Many see it as a progressive step in civil rights under the Obama administration, while others view the bill as an attempt to silence religion.

Many conservative Christians are wary of the bill’s implications. Although the bill states that criminal measures will apply only to violent cases, Christian leaders believe this may extend to sermons with a perceived link to violent acts. Furthermore, they believe this extension could ultimately silence those who oppose the law.

The bill explicitly states that “Nothing in this Act shall be construed to prohibit any constitutionally protected speech, expressive conduct or activity… including the exercise of religion.” In effect, the bill stays true to the Constitution, and pastors retain the right to speak their religious beliefs. 

Nonetheless, opponents of the bill have their eyes on the future implications of the bill. Some see the bill progressing to the workplace through the proposed Employment Non-Discrimination Act (ENDA), which would prohibit employment discrimination based on sexual orientation and gender identification.

Supporters  of the bill and people of the homosexual, bisexual, and transgender communities focus on the bill’s impact on the status quo. The bill represents advancement in acceptance, understanding, and equality in America amongst a community that past civil rights legislation has overlooked.

 “Thoughtcrime, they called it. Thought was not a thing that could be concealed forever… sooner or later they were bound to get you.” George Orwell, 1984.

Today’s  children are being groomed for the future with stricter regulations on school hours, curriculum, behavior, and even nutrition. Slap the label of “Tomorrow’s leaders” on these kids and its all fair game to have such demands, right? But how much of this comes at the cost of the children’s freedoms? And how will this affect their thoughts as adults?

Freedom of speech in public schools has been an ongoing issue for decades. Recently, Morse v. Frederick, a 2007 Supreme Court ruling, addressed a student’s “Bong Hits for Jesus” banner. The student, Joseph Frederick, held the banner at an after-school event. The banner was confiscated and the student suspended as a result. The court denied Frederick’s claim.  While “Bong Hits for Jesus” may not be the most progressive message on the record, the question remains as to whether the expression was protected under the First Amendment.    

The concern becomes even hazier from there.  For example, The Supreme Court ruled in favor of a Poway, California school in a case involving the school’s dress code. The student wore a shirt with the words “I will not accept what God Has Condemned. Homosexuality is Shameful, Romans 1:27” on the school’s homosexuality tolerance day. He was forced to wear masking tape to block the message, and the Courts ruled this was acceptable.

The messages may seem trivial, but the implications are big. What are we teaching kids about our country and our laws? We are sending the message to students that freedom of speech is conditional. Whether or not one agrees with a given expression, disagrees with it, or regards it as nothing more than juvenility, these cases are forms of protest. By restricting the student’s freedom of speech, we restrict the future of the very values our country stood upon; the ability to speak out, stand up, and preserve rights.

It’s a topic that can easily snowball. Stricter regulations build upon each other, and eventually we create a future in which the adults become silent drones, whose freedom of thought issued by our First Amendment Rights becomes restricted through regulation. George Orwell’s 1984 depiction, undoubtedly, is quite an extreme reference, but nonetheless, it forms the vision of a dangerous path that Federal and State government alike need to consider when handling our “Leaders of tomorrow.”

“Extra! Extra! Read All About It!”

Remember when the penmanship of professional journalist, fresh off the daily press, dominated as our morning media source? Kids would stand on the street corners, selling the daily paper for a nickel in return from the passing professional catching up on the previous day's events. Those were the days. Okay, so I don’t remember that either, but I saw something like it in The Newsies. Nowadays, things are a little different.

The internet has created a platform in which millions of readers can decipher between a seeming endless array of sources for their news and media outlets.  What’s more is that just about anyone can be a journalist: professionals, amateurs, teenagers with permanently indented grooves in their computer chairs, and yes, even lawyers. It’s not all fun and games though, and there’s more legal repercussions than many realize when they type away at the keyboard, especially in the very privacy-sensitive Legal profession. Put it another way: “Lawyers who blog, it almost sounds like a horror movie.”

These are the words of Michael Grygiel, a chairman of Media and First Amendment Law Practice and speaker at the October 14 “Social Media For Lawyers” Gothamedia Ventures seminar at the New York Law School. The seminar dug deep into the growing blogging trend and the impact it has had on the Law profession. Perhaps it’s the ease or the seeming anonymity, but what may appear as harmless communication can lead to great consequences. The seminar discussed many of the pitfalls and legal repercussions that can result from “innocent” blogging. Every blogger is subject to risks, such as libel, trademark, copyright infringement, and invasion of privacy.

Then again, blogging is still a fairly new phenomenon, so there’s a lot of interpretation and ambiguity involved in its related law. Are bloggers treated the same as journalists? Do they get the same Reporters Privilege protection under the law as professional journalists? And finally, can Joe Schmo really get sued for the things he posts on his website after downing beer number twelve on a lonely Saturday night? How do we even know who Joe is?

The seminar covered all this in a one hour discussion that proved to be far greater in professionalism and class than my words can portray. However, Michelle Zierler, organizer of the event and Director of Programs in Law and Journalism at the New York Law School, provides greater grace: “We wanted to offer hands on tips for maximizing the effectiveness of social media and flag the dangers that lawyers, in particular, need to stay clear of.” And the program did just that. The speakers gave anecdotal references of attorney’s who have faced legal repercussions relating to issues of client confidentiality, multi-jurisdictional practice, advertising, and criticisms of fellow associates, despite the thought that these were “anonymously” written (as the discussion showed, no web blogger is actually anonymous).

From the basis of the first amendment on the Freedom of Speech to current issues involving Facebook, BALCO, and “The Skanks of New York,” this seminar provided a thorough breakdown of what attorneys need to be conscious of in regards to blogging and social networking. It is essential to any legal practitioner – and any blogger for that matter – who wishes to learn about a still maturing set of legal issues and boundaries. At the very least, the seminar revitalizes an appreciation to the art, professionalism, and delicacy that goes into traditional journalism. And, even though the internet has shared the power of the press with each and every one of us, perhaps there are some things better left for the boy on the street corner. If there’s still any around, that is.

Applying to college can be a daunting task for high school seniors. Perhaps the most intimidating aspect of the application process is the essay. Not only is quality of the utmost importance, the quantity of essays needed to be written can be overwhelming. Many colleges require two essays and even colleges that use the common application often require supplements.

One new online resource designed to guide students through this trying task is College Essay Optimizer. By entering a list of colleges, CEO’s Essay QuickFinder generates a list of essays required for each school, along with additional information and deadlines for each particular school. The Essay RoadMap helps students reduce the number of original essays needed to be written by instantly showing students how to complete all requirements with only a few essays. As an added bonus, this service also provides sample essays. The Essay Wizard matches students with their own essay guide, who assists the student via email through the entire essay writing process. This service can turn a good essay into a good college admissions essay, and a good college admissions essay into a great one.

CEO provides valuable tools for any student applying to college. Its consolidated and simple approach to writing college admissions essays will save any student time and reduce stress, making the college application process easier and more manageable.  

To visit the site click here.

In Today's Legal Tip of the Day faculty member Henry Mazurek discusses the relavance of learning and understand the rules of evidence. Familiarization with these rules is highly advantagous when presenting one's case.

This clip is from Gerald Shargel and Henry Mazurek's "A Practical Approach to the Rules of Evidence". 

RIVERWOODS, Ill., Sept 14, 2009 /PRNewswire via COMTEX/ -- Lawline.com, a leading provider of Online Continuing Legal Education, along with CCH and Aspen Publishers, part of Wolters Kluwer Law & Business, a leading provider of research products and software solutions in key legal specialty areas, have come together with a shared vision to provide timely high quality education to professionals in a rapidly fluctuating economic environment.

"The fallout from the financial crisis has been sweeping, and we realize now just how close the system came to collapse last year," says David Schnurman, President of Lawline.com. "With President Obama addressing Wall Street and the nation today about the need for reform and strengthening oversight, we know it's more important than ever to ensure we offer the best, most timely information. It just made sense for us to team with CCH and Aspen Publishers as they are the leaders in legal and financial information."

"Teaming with Lawline.com, a leading provider of online CLE course delivery, is another example of how CCH and Aspen customers can count on us to deliver the most valuable and specific tools and services to help in their day-to-day practice and career training," said Steve Errick, Legal Education Managing Director, Wolters Kluwer Law & Business.

The courses will be available through the CCH Financial Crisis News Center web site starting this week. Topics include securities fraud, bankruptcy, SEC, lending regulations, foreclosures, among many others.

For more information on the courses visit: http://www.lawline.com/cch.

For more information on the Financial Crisis News Center visit: http://www.financialcrisisupdate.com/.

In Lawline.com's Legal Tip of the Day faculty member Mitchell Lustig explains the benefits of New York's no-fault law, and outlines a typical case.

This clip is from Mitchell Lustig's "A Practical Approach to New York's No-Fault Law".

In today's Tip of The Day, faculty members Lee Drexler and James Cohen discuss what stipulations the IRS has for an appraiser and how they affect charitable donations of tangible personal property.

This clip is from Lee Drexler and James Cohen's "How to Dispose of Tangible Personal Property".

In today's Tip of The Day, faculty member Hon. Michael Dontzin discusses the differences between arbitration and mediation, and why mediation can provide a more satisfying resolution for parties in conflict.

This clip is from Hon. Michael Dontzin's "Mediation: An Effective Tool in Case Settlement"

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.

Creator Scott H. Greenfield, Esq. states, “Blogs don't require the tedious style used in briefs and motions, and allow me to have some fun with the subjects.” And his enjoyment is definitely palpable through his informative entries that combine current events with the law. Although the blog primarily focuses on stories surrounding the legal realm, Greenfield expands them to anything that may capture his attention.

What makes this blog stand out from the rest is the style in which it’s written: “My posts generally take me 10 minutes to write, and aside from spell-check, they are posted as written, errors and all.”

This au natural posting style coupled with succinct, up-to-date information makes this blog a must-follow.

Visit the Simple Justice blog at http://blog.simplejustice.us/

In today's Tip of The Day, faculty member Marvin Pickholz explains the importance of understanding foreign anti-bribery statutes, what constitutes bribery varies in different countries and why accepting the normative procedure may involve risk.

This clip is from Marvin Pickholz's "A Primer on Corporate Compliance and Internal Investigations"

In today's Legal Tip of The Day, faculty member Herald Price Fahringer explains the importance of the opening statement and summation. From word choice to the way you say a sentence, the style in which you speak in extremely important when dealing with cases.

This clip is from Herald Price Fahringer's "Art of Persuasion"

• Having a high priority task can actually lead to procrastination. Some people who believe they work well “under-pressure,” tend to push things until the last minute. Is this a bad thing? No, it’s fairly subjective.

• Folding a photography reflector is really hard, but watching people do it is really fun.

• Ted Kennedy was, quite arguably, the best and most influential senator in American history. The question now: who’s his successor?

• There are two phases in a site assessment. The first involves gathering information, and the second is an invasive (soil and groundwater samples) investigation. It is important to work with an environmental consultant who is willing to communicate with the attorney on a continuous basis and not just when the report is finished, because it’s always wise to see a draft of the report before it’s signed.

• Don’t wear a Red Sox hat and t-shirt to a Yankees game… or better yet, avoid red altogether.

• The Cash-for-Clunkers program (providing a credit from $3,500-$4,500 for anyone who trades in an older car to buy a new, fuel-efficient car) which ended this past Monday was a fairly successful program with about 500,000 applications submitted over the past several weeks.

In today's Legal Tip of the Day, faculty member Irwin Karp talks about the most frequent causes of procrastination. These include the task not a priority, fears of the unknown/failure/success, boredom, disintrest in the topic, perfectionism, waiting until the last minute, a high deadline task, questioning the task, and carelessness.

This clip is from Irwin Karp's "Overcoming Procrastination: How Lawyers Can Kick the Habit"

Thinking about starting a small business? Consider forming it under an S Corporation. These can be preferable to an LLC for tax purposes. Under an S Corporation, individuals are only liable for self employment tax on their "reasonable salary." Under an LLC, self employment tax applies a wider category--revenue minuses expenses. Finally, Lawline.com faculty member George Cornell mentions that self employment tax does not apply to passive income like real estate. This clip is from his course "Using LLC's and Other Forms of Asset Protection."

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.

Back in 2003 when Arnold Schwarzenegger was being introduced as “the governator,” Jack Balkin had the idea to create a legal blog focusing on constitutional law and related issues with a liberal yet serious  tone. However, after a few years, as more and more contributors joined, Balkinization transformed into a group blog with topics changing according to the authors’ interests.

So what’s so special about this one? It’s all-encompassing. Although it has a more liberal lean, the variety of contributors who give their opinions on current issues and the fact that each post is followed by insightful comments from readers makes it well-balanced.

As for the content, Balkin states, “In the past we've done a lot of work on war on terror and presidential power issues, and a lot about civil liberties and constitutional interpretation. Because there are several political scientists as well as lawyers on the blog we have a fair number of political science discussions, and through Sandy Levinson's influence we have had many posts on constitutional design.”

A law blog with posts and input from non-lawyers? That’s progressive.
Visit the Balkinization blog at http://balkin.blogspot.com/

Copyrights are everywhere. Intellectual Property attorneys David A. Kalow and Tal S. Benschar explain where they come from, what they cover, and what they don't to anyone who is new to the area of intellectual property. This presentation originally appeared in our course, "Intellectual Property for the General Practitioner."

http://www.lawline.com/cle/course-details.php?i=698&course_type=video

      This week on the Legal Beat we’d like to talk about the value of empowering employees when serving clients and/or customers.   Some managers or supervisors give employees as little power as possible in fear that the employee may use it carelessly or potentially take advantage of it.  This fear is not unfounded, but it is sometimes worse for the company if their customers hear phrases like “I’m not authorized to do this.” 
        When an employee is restricted in making individual decisions that pertain to customers, he or she is likely to follow the rules.  The employee is doing the right thing on his or her part, but customers don’t care whether that employee is following the rules designated by his or her supervisor.  They want their questions to be answered, and problems to be solved quickly.  Having to run through many chains of command annoys customers and will often turn them away.  When employees are empowered enough to make decisions, the experience of the customer will flow more smoothly, and he or she will be likely to return for the product or service at another time.

Here are some tips on empowering your employees:

1)    Educate Employees
The more employees know, the better decisions they will make.   Make sure that they are updated with the latest information, whether it is about clients or one of your products.  Also make sure they know

2)    Common Vision
Every company or firm should have a vision.  Employees should know what this vision is.  Being familiar with it will help them make decisions that are consistent with the goals and visions of the organization.

3)    Record Common Problems
When common questions are asked or common problems keep coming up, responsibilities may have to be extended to employees.  If this is necessary, it should be done, especially if issues are reoccurring.  Maintaining a record of common problems will make it easier to designate responsibilities and to facilitate operations.

4)    Make It Clear
Make sure employees know the goals behind a particular promotion, or project.  Let them know how much room they have for either negotiating, or for making decisions.   This way they will feel more confident in their decisions and better serve clients and customers.

In today's Lawline.com legal tip of the day, faculty member Amy Goldsmith talks about the difference between patent laws and trade secrets. Specifically, she goes into what happens with utlity patents after they expire, using the example of "generic drugs" after formerly being a patented drugs.

This clip is from Amy Goldsmith's "Overview of Patent and Trade Secrets"

In today's Legal Tip of the Day, faculty member Rick Supple talks about ethical issues in the litigation process. He specifically explains the appropriate behavior when dealing with judges. This includes no false or scandalous statements to the public, no objects of value offered to the judge and his staff, and no ex-party communication.

This clip is from Hal Lieberman and Rick Supple's "Ethical Issues in the Litigation Process"

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.

At times, reading law blogs can be a bit weighty and academic for lawyers and non-lawyers, alike. But recently, I stumbled across a blog that not only focused on pertinent civil rights issues, but also explained them in a smart, concise manner.

The blog I refer to is “Wait a Second!” by the law firm of Bergstein & Ullrich, LLP. Its main focus is the United States Court of Appeals for the Second Circuit because of the fascinating nature of Federal appellate decisions.

Blog creator and self-proclaimed “Second Circuit case law junkie” Stephen Bergstein started the blog in July 2007 with a post about the First Amendment case Husain v. Springer. He was intrigued by the dissenting opinion of the conservative Second Circuit judge, Judge Jacobs, who deemed the act of even reading the case’s majority opinion a waste of time.

As for Bergstein’s reason to blog about such cases? “Second Circuit decisions often have very interesting asides from the judges which no one other than the case law junkies even knows about. I thought that someone should be publicizing cases like this.”

Visit the Wait a Second! blog at http://secondcircuitcivilrights.blogspot.com/

            Lawline.com values customer service to the fullest extent.   We take pride in our customer service and in our ambition to continuously improve the “customer experience.”  Everyone has something to learn from the concepts that comprise customer service, regardless of whether you work for a company that is directly servicing many customers every day.   In some way or form, 99% of jobs can relate to customer, or client service.  We’re all communicating, and working for each other.  Customer service concepts can be applied in many different situations, and at Lawline.com we want to facilitate the sharing of such ideas and strategies.
             For this reason, we are implementing a weekly blog series that talks about improving client relations and experience.   Every week we will provide tips for attorneys, and all others, that will help communications in any setting.   As customer Service expert John DiJulius often says, there is a growing Customer Service Revolution,  it is important that we all take part in it if we want to succeed in the business world.

               Today’s blog is on accessibility.  If you’re looking to sell a service or product, you have to be accessible to both potential buyers and previous buyers. 
                   For attorneys, when there is a potential client trying to contact you, it should be easy for him or her to get information about you and your company and to eventually speak with you.  Direct connection is important-- If you’re inaccessible in general, potential clients may assume that you will also be inaccessible throughout the course of the case.  The same holds true for other products and services, if a potential customer is trying to reach you to find out information about the product, you need to get back to that person right away.   This assures the customers that they can rely on you if they need support later on in the relationship.
                What can you do to stay accessible to customers?  Offer multiple ways to be contacted.  Phone, e-mail, website, etc.  Set a deadline for you and your team in regards to responding to both phone calls and e-mails.  In after business hours, set up a messaging service that e-mails you the messages left for the company.  If you or one of your team members has time, you can call them back, or even e-mail easily.   And if you have a Blackberry or Smartphone, you should definitely have those e-mails forwarded to you, so you can respond from anywhere with convienence.

In today's Legal Tip of the Day, faculty member Diane Steiner explains the common mistakes made by witnesses during matrimonial case depositions. The witness can be unprepared, leading them to ramble on and give too much information or they can be flat out lying, creating a theme for the opposing counsel.

This clip is from Diane Steiner and Elaine Lewis's "Matrimonial Depositions and Witness Preparation"

This week JetBlue announced the “All-You-Can-Jet Pass,” an unprecedented approach for airlines, which gives customers the ability to fly as much as they want for an entire month for just $599.  Pass holders can fly to and from any of fifty-seven flights, and six hundred daily flights. 

It is obvious that the deal is great for anyone who is traveling more than one time in the month.  But the significance of giving Unlimited Service is much greater than just getting a deal.  Lawline.com, like JetBlue, decided a few months ago to give customers an unlimited option.  Results so far have been great, with happy customers, and a successful business model.
Why is Unlimited Service Great?  Today’s Friday Five will tell you why

1) Give Power to the Customer:  In today's market, the power belongs in the hands of the customer.   Giving unlimited service is also giving power.  Customers feel more comfortable with a product or service when they are given more power.

2) Flexibility and Freedom: When someone is purchasing something from you,  or using a service, that person should not feel restricted.  Many options exist in today’s world for any product or service; you have to be sensitive to the needs of the individual.  Jet Blue offers those customers who already purchased for travel within that period to upgrade to Unlimited.  Similarly, Lawline.com encourages customers to upgrade their accounts to Unlimited CLE, as it provides them with more access and freedom.

3) Loyal Customers:  Offering Unlimited Service attracts new customers that may have not tried your product/service otherwise.  Treat the customer the right way, and they’re sure to remain loyal to you.

4) Exposure:  Since the announcement, there have been over ten million mentions of the JetBlue brand on blogs and other sources on the web.  Jet Blue is also one of the top trending topics on Twitter.   Not only is JetBlue receiving a lot of exposure, but it’s being associated with all things positive—good customer service, innovative thinking, fueling the economy, etc.

5) Create Frenzy Where It Didn’t Exist Before:  Everyone is talking about JetBlue’s endeavor.  Word of mouth advertising works….and there’s plenty of that going on right now.  Furthermore, EConsultancy.com reports that September is normally not a popular month for flying…..now, thanks to JetBlue, it very well could be.  They’re getting people on flights, and stimulating monetary exchange -- whether it is on the plane, in the airport, using cab services, staying at hotels in different cities, etc. 

Click here to read about JetBlue's Unlimited "All-You-Can-Jet-Pass"

To find our more information about Unlimited CLE from Lawline.com click here or contact support@lawline.com

Last September, Lawline.com reported that a record number of attorneys were viewing, and requesting additional, courses on bankruptcy.   An obvious correlation existed between the financial crisis brewing on Wall Street and the interest of attorneys (among others) in the subject.

Now, there is more evidence of relevancy of bankruptcy issues.  The Blog of Legal Times reported this week that bankruptcy filings have rose over 35% in the previous year ending June 30th.  The filings were pretty evenly distributed in all areas, with business filings going up to 63% and individual up to 34%.

Analysts expect that the increase in bankruptcy rates among Americans will cause Congress to further restructure bankruptcy laws, thereby making it more difficult for a party to file for bankruptcy.   Many people file simply to avoid their debts, and many loop-holes exist.

Additionally, USA Today predicts that the number of individual Americans who file bankruptcy can potentially hit 1.4 million by the end of the year.

To stay educated on bankruptcy laws and issues, check out our courses available.

In today's Lawline.com Legal Tip of the Day, faculty member Phil Kleiner talks about what to look for in a passport when interviewing the potential immigration client. This includes the type of visa, date of issue and other requirements for it to be considered valid.

This clip is from Phil Kleiner's "Interviewing the Potential Immigration Client"

One important aspect of negotiating is to understand your and your counterpart’s preferred negotiation styles.  I have found it helpful to categorize negotiator styles into three broad categories:  a) competitors, b) accommodators and c) conflict avoiders.  Of course, these categories describe general tendencies which can change depending on the context and the self-awareness of the individual.  Which is your preferred style?  To get you to think about it, here are my Top Ten Characteristics of Competitors:

1.  High comfort level with conflict and competition
2.  Enjoy debating substantive issues
3.  Not great listeners, due at times to significant egos
4.  Direct, sometimes adversarial tone, words and body language
5.  Relatively impatient and aggressive in their offers and concessions
6.  Enjoy openly controlling and framing issues
7.  Strong desire to win and not lose
8.  Enthusiastic attitude toward negotiations
9.  Style can appear stubborn, arrogant and/or untrustworthy
10.  Often at ease with risk and pressurized environments

Competitors are also comfortable using relatively risky leverage tactics like walkouts, threats, ultimatums, bluffing and other ways to focus the parties on leverage and other power elements in a negotiation.  Examples of negotiators with a competitive reputation include Donald Trump and White House Chief of Staff Rahm Emanuel.

Does this describe you?  If so, consider when this approach works best and when you may be better served by resisting your natural tendencies and taking a different approach.  Also, if your counterpart is a competitor, adjust your negotiation preparation accordingly.

Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.

    Gerald Shargel, prominent defense attorney and Lawline.com faculty member, has made news headlines again.  This time he is defending another famous New York attorney, Robert Simels.   Simels, who has defended clients in many high profile cases, is facing charges of witness tampering and obstruction of justice.  

    Apparent evidence has surfaced of Simels making several references to bribing and threatening witnesses, using heavy vocabulary such as “killing” witnesses.  Simels has said that such language is simply legal jargon, and does not contain any seriousness.  Simels also said that in the recorded conversations of him talking to a government informant, he was attempting to maintain a relationship and flatter the individual, not bribe or invoke fear.
    The ten day trial ended this week.

In today's Legal Tip of the Day, faculty member Erica Dubno defines "defamation" with six basic requirements. She also introduces the
problems associated with online publishing, third party viewers, and the anonymity of posters on the internet.

This clip is from Herald Price Fahringer and Erica Dubno's "The First Amendment: Defamation on the Internet"

In today's Lawline.com Legal Tip of the Day, faculty member Mary Noe talks about the classification of children with disabilities under the Individual with Disabilities Education Act (IDEA).  In this clip she particularly talks about the initial evaluation that a child must undergo in order to receive disabled status.  The components include psycho-education evaluation, social history, physical evaluation, observation of child and other specific tests for specific disabilities.

Watch the clip for more information.

For more information, visit Mary Noe's course "A Primer on Special Education Law."

Former President Bill Clinton met yesterday with North Korean leader Kim Jung-il seeking the release of two imprisoned American journalists.  Fortunately, he was successful and the journalists have now been reunited with their families in the United States.  In light of Kim Jung-il’s sordid reputation, here are my Top Ten Tactics for Negotiating with the Unethical and Untrustworthy:

1.  Ensure significant negative consequences for any breach by your counterpart, increasing the likelihood they will actually follow through on their commitments

2.  Independently confirm all statements that may provide your counterpart with leverage, especially if they say they have a better alternative (or Plan B) to doing a deal with you

3.  Discount the relevance of statements that cannot be confirmed

4.  Consider recording the negotiation – it’s tough to dispute a recording of statements actually made

5.  Aggressively explore your potential alternatives (or Plan Bs)

6.  Be wary of vague and ambiguous statements

7.  Build mechanisms into the agreement that independently ensure each party fulfills its commitments

8.  Understand that such negotiations take more time and effort than others, and recognize this as a cost of dealing with this person or entity

9.  Pay attention to the details and don’t leave ambiguous issues unresolved

10. Consider bringing in an independent third party to help

In addition, define what constitutes a breach of any agreement, provide for a fair and efficient way to resolve disputes that may arise from a potential breach and finally, don’t lower yourself to their level.  Your reputation is far too important to risk!

Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.
 

Ever wonder what happens after you file for Chapter 7 bankruptcy? The eloquent, knowledgeable bankruptcy attorney, Daniel Gershburg explains how to get creditors off your back, rebuild your credit, and get back on the right track. Gershburg sees bankruptcy as a hurdle that clients have to get over, not an insuperable disaster. Working with an experienced lawyer, clients can start making good decisions and get on with life.

This clip is from Daniel Gershburg's course, "Chapter 7 Bankruptcy: The Initial Consultation."

www.lawline.com/cle/course-details.php

    Social media and the internet offer unprecedented opportunity for attorneys and all professionals.  While everyone should recognize these potential benefits, they should not forget the possible downfalls that also exist.
      Publishing something on the internet places it there forever.   It also makes it accessible by an infinite amount of people.  Attorneys often do not realize that unfavorable information may be available about them.  In terms of social media, they may often be the ones who are actually posting the content.
      A recent article in the ABA Journal notes that BigLaw Associates “Google” all candidates before considering them for a position.  Most companies do this as it offers insight into the individual that they are considering for a position.  It can easily be assumed that potential clients will do the same.  On the internet, almost everyone is a public figure.  Attorneys must pay attention to the information that they make available and, if necessary, control it.

What Can You Do?

1) Regular Checks on Major Search Engines
Not just to boost your ego….search your name and make sure that there is nothing you wouldn’t want others to see.   If there is content that you control (such as a blog post, twitter, etc.), you can probably erase it easily.  If not, you may have to contact website administrators.

2) If it’s Personal, Make it Private
If you plan to post pictures partying with friends, don’t make your Facebook or MySpace profiles public.  The same goes for blogging and Twitter.  When using them for personal use, limit the visibility to just your friends so that they are the only ones who see it.

3) Use an Alias
If you really have something that you want to share on the internet, but you believe it can potentially put you in an unfavorable light, use a different publishing name.  You can easily create an alternate e-mail address and/or social media account so that way you can still receive feedback on this content.

These are just some tips on what you can do to control the content that is available on the internet.  Anything you post that has your name on it can be associated back to you.  Comments should always be as neutral or inoffensive as possible, because you never know when they may resurface.

In today's Lawline.com Legal Tip of the day, attorney Ron Coleman describes the best thing an attorney can do if a clients come into the office claiming they're the victim of defamation on a blog--stay calm. Perhaps the worst thing an attorney can do is attract unneccessary attention on a blog that otherwise has little traffic. An example involving the major law firm, Jones Day, is highlighted in order to demonstrate a counter-productive response.

Watch the clip below for more.

The clip is from Ron Coleman's course, "The Legal Aspects of Blogging."

In today's Lawline.com Tip of the day, faculty member Harvey Weitz talks about attorneys finding their own style when cross examining a witness.  Mr. Weitz says you should "know yourself."  By knowing yourself, you will be able to work your strengths and weaknesses to your advantage.

Watch the clip for more information.

The clip is from Mr. Weitz's course "Cross Examination Strategies."

Badway discusses the crises of several big companies, as well as the credit card companies and international recessions. In addition, subtle issues have shaken the market, such as IFRS. Lastly, there is the mistaken belief that our markets can be perfect and need little regulation.

We hope you check out Mr. Badway's course, entitled "Transparency at the SEC: A Response to the Current Financial Crisis "

Follow Lawline.com On Twitter: http://www.twitter.com/lawline

Hardinger & Tanenholz has recently fielded questions from several contract attorney candidates who are not admitted to the DC Bar regarding their eligibility to perform document review work in DC. Specifically, there seems to be genuine confusion about whether it is necessary to be admitted to the DC Bar, or whether admission to another state is sufficient.

The answer is, in general, contract attorneys performing document review must be admitted to the DC Bar.

The unauthorized practice of law is governed by District of Columbia Court of Appeals (“COA”) Rule 49, and we encourage all attorneys seeking to work in the District to read it. In 2005, the COA’s Committee on the Unauthorized Practice of Law (“UPL”) issued an opinion stating that Rule 49 does, in fact, apply to contract lawyers working within the District (see http://tiny.cc/OP_16_05). The Opinion held that, in general, all contract attorneys performing document review must be admitted to the DC Bar.

Specifically, the Committee opined that even if a contract lawyer is performing work that is similar to or overlapping with work performed by paralegals, such as first level document review, the attorney is engaging in the practice of law “if the person is being held out, and billed out, as a lawyer . . .” (16-05 at 5).

So, what to do if you are a contact attorney not admitted to the DC Bar, but you want to work in DC? Opinion 16-05 urges all contract attorneys who are engaging in the practice of law to seek admission. It warns, “Failure [to apply for admission] may jeopardize the lawyer’s ability to continue to practice law in the District on a contract or other basis. Failure to do so also places the lawyer in jeopardy of discipline in jurisdictions where the lawyer is admitted . . .” (16-05 at 7).

If you are not admitted to the D.C. bar, there is nothing keeping you from working as a paralegal or law clerk, even if you are admitted to practice law in another jurisdiction. Simply make your bar status very clear to anyone with whom you have professional contact, especially your employment agency and the legal service provider who will be supervising your work. You must never hold yourself out as an attorney in DC if you are not a member of the DC Bar, even if you are fully-licensed in another jurisdiction. (See Rule 49). Remind your employer that you should not be held-out or billed out as an attorney.

Finally, we encourage all contract attorneys to read the ethical rules and relevant UPL Committee decisions (http://tiny.cc/UPLWebsite) and take full responsibility for their own professional conduct. Attorneys should not risk their bar standing by relying on the representations of employment agencies and law firms that may or may not be fully aware of the applicable ethical rules.

This blog was written by Julia Hardinger, co-founder of Hardinger & Tanenholz LLP, a unique Discovery Counsel law firm that specializes in all aspects of discovery, including the end-to-end management of large-scale document reviews. This blog is the personal opinion of the author and not intended as legal advice.

Lawline.com has been receiving great feedback on our Legal Tips of the Day (via YouTube) initative.  We've been working very hard to facilitate the flow of information and make it accessible to those that seek it.

We wanted to remind everyone that you can subscribe to Lawline.com's Channel on YouTube.  You will be notified daily on your YouTube account of the latest clips that we have posted. 

Simply go to http://www.youtube.com/lawlinecle and hit "Subscribe."

In addition to the Legal Tips from our CLE courses, we have some other fun videos to share with you.  We appreciate all feedback, so if you have any comments or questions, don't hesitate to contact us.

In today's Lawline.com Video Clip of the Day, faculty member Scott Colesanti talks about the SEC and short sales.  In short-sales, an investor who believes their stock will fall and rise within a three day period, sells their stock at a high price, and leave it hanging within the three day period so that way they can buy it back at a lower price.  Public company officials are not permitted to sell their own stock.  In July of 2009, the SEC passed Rule 204 which tightened security measures around short-selling. 

Watch the clip for more.

The clip is from Colesanti's course,  The Securities & Exchange Commission: History & Status

The Securities and Exchange Commission (SEC) implemented rules yesterday in an attempt to alleviate “abusive short sales” (also commonly referred to as “naked” short selling) and to provide more information to the public concerning these transactions.
Rule 204T, once temporary, is now permanent as Rule 204: Amendments to Regulation SHO. 

The rule will require broker-dealers to immediately buy or borrow securities to deliver on a short-sale.   Before, the investor was able to sell the shares short, without ever actually buying them.  The temporary rule was tested last year and has shown a 57% decrease in naked-short selling.

Attorney and Professor, J. Scott Colesanti, teaches one of Lawline.com’s newest courses, “The Securities and Exchange Commission: History & Status.”  The course  offers a detailed and comprehensive history of the SEC, starting with its inception in 1934 through the Securities Exchange Act, and continuing onward through the Joseph Kennedy era and the adoption of the No Action Letter Protocol.

Mr. Colesanti also discusses the SEC’s role in the economic crisis.  He talks about the temporary Rule 204T (before it was made permanent) and its effects, as well as many other recent developments.  

Check back later today for Lawline.com’s Legal Tip of the Day featuring Colesanti’s course.

To read the press release from the SEC click here.

In today's Lawline.com tip of the day, attorney Gina Rubel describes issues surrounding publicity, the media, and litigation. She uses personal anecdotes and general tips in order to explain best practices. She advises a conservative approach to trial publicity.

Watch the clip for more information.

The clip is from the course Social Media For Lawyers: Facebook, Linked In, Twitter and More!

This week we are kicking the friday five to the curb.  But don't fret.....we have something else in store.

Recently, we were announced as a finalist for the Customer Service category of the  New York Enterprise Report Small Business Awards of 2009.  In celebration of this achievement we decided to amp our normal Friday Five to a Friday Ten.  Customer service is our passion.  Here are the top ten things you may or may not have known about Customer Service at Lawline.com.

1)    Customer support messages (through phone and e-mail) are checked and answered regularly by the friendly Lawline.com team during weeknights and weekends.

2)    Support e-mails are answered on average within fifteen minutes of submission on weekdays.

3)    In the past month three of our customers loved us so much that they joined our faculty! (Click here to find out more about becoming a faculty member.)

4)    We do our best to get to know every customer we speak to on a personal level.  It's important you know that you can rely on us in any situation, especially when those deadlines are approaching.

5)    Not a phone person?   Don’t worry about it! If you need customer support, you can also access us via LivePerson, an live online chat system where you can talk to someone on the Lawline.com support team instantly.  Don’t worry, we all type fast.

6)    Our customer service staff is awesome.  We promise you.  (Just give us a call and find out!)

7)    We hear you. We review course comments and recommendations on a regular basis.  If customers have a complaint, we address it.  When a customer makes a recommendation, we add it to a list and analyze and consider these recommendations.

8)    We follow up.  Seriously…we can’t sleep unless we know your issue was resolved.

9)    You won’t have to tell us again!  If you called or e-mailed us before about an issue, we already have it recorded.  The next time you need to ask us a question, the team member will know your technical problem before you even dial the number (okay, not quite, but we’re getting there).

10)     Best of all…our product is so seamless that chances are that you will never have to talk to us.  But you know….we are here if you need us.
 
If you have any comments or suggestions don't hesitate to contact us at support@lawline.com or 1-800-LAWLINE.

In a clip from the course entitled Estate Planning: A Perspective on Family and Values by John S. Erwin and Thomas J Henske, there is a discussion on noticing the details of a situation, especially when the law is involved. Erwin and Henske give some examples as to what matters in the long run in regards to estate planning. Morals and values are discussed, and how important details are is highlighted.

This clip is from the course, entitled "Estate Planning: A Perspective on Family and Values"

NEW YORK, July 21, 2009 /PRNewswire/ -- Lawline.com, a national continuing legal education (CLE) provider, has emerged as a finalist in the New York Enterprise Small Business Awards of 2009 in the customer service category.

Finalists were selected on the basis of the techniques employed and achievements attained through their customer service practices.

"We are proud to recognize the achievements and accomplishments of Lawline.com," said Robert Levin, Editor-in-Chief & Publisher of The New York Enterprise Report. "The use of their unique best practice has given them a distinct competitive advantage and we congratulate them for their initiatives and innovative thinking." The success of  Lawline.com's customer service system has gained recognition for placing customer service at the center of its business strategy. Development and implementation of a service based approach, with a focus on the full experience of the customer, brings the company to the forefront of the continuing legal education community.

President David Schnurman explains how the passionate customer service effort began with a mission statement. "Our overall aspiration is to serve and educate our customers. In order to do this efficiently, we need superior practices that serve our users." With this in mind, Schnurman and his team developed a training program and an entire backend system that focuses chiefly on the customer.

This system backend helps to facilitate the execution of the customer service initiative. Director of Customer Relations, Christie LaBarca, illustrates, "Customers complete their CLE feeling educated by our courses, and appreciated by our company. We extend ourselves to our fullest ability in order to demonstrate our gratitude." Schnurman says that [the initiative has] really increased our loyalty in the past three years. The retention rate has jumped from 20% to over 40%." The New York Enterprise Report Small Business Awards Gala is scheduled for Wednesday, September 30, 2009 from 6 p.m.- 10 p.m. at the Metropolitan Pavilion in New York City, NY. The Best Practices winners will be announced at the gala for Customer Service as well as for Green Business, Human Resources & Leadership, Sales & Marketing and Technology.

Lawline.com has been providing high quality online continuing legal education courses since 1999. To visit the site, go to http://www.lawline.com.

         Today we shot a new CLE course on witness preparation that was pretty exciting. It's now in it's post-production phase, but here’s some interesting insight.

            Dr. Melissa Gomez is an expert in Psychology and Education. She’s using her background to teach lawyers what they need to get witnesses ready for trial. Are they giving off nonverbal cues like pausing, wiping their brow, fidgeting, swiveling in their chairs, or darting their eyes? If so, they’re probably distracting the jury. She suggests ways to put witnesses at ease so that they can do their job—listening to questions and answering them.
         
     She’s done some surprising research. It shows that 62% of jurors use their own conception of justice rather than the court’s jury instructions when considering a case.  It just goes to show that having the law on your side may not be enough. You have to understand how juries think and learn in order to win cases.

The new course should be up on Lawline.com in the next week or so, stay tuned!

Ever wonder what the law has to saw about birth control? This is one area where religious organizations and the legal system collide. Lawline.com faculty member Michael Grossman explains who comes out on top. He looks at landmark cases in order to illustrate some of the finer points of the law.

Join Lawline.com faculty member, Olivera Medenica, as she discusses legal issues surrounding domain names and trademarks. She explains how to avoid inconvenient court appearances, what makes for a good case, and other issues that arise in this common E-Commerce topic. She uses illustrative examples and real world facts to tell you what you need to know about domain names.

Lawline.com faculty member Benjamin Brafman, criminal defense attorney to the stars, explains how his process of developing a summation begins. He stresses that it is a work in progress that an attorney should begin considering the moment a client walks through the office doors. Essentially, a good summation should sell the attorney, the client, and the defense to a jury.

Take me out to the ball game . . . but please bring me back in one piece!  In one of the latest programs from Lawline.com, experienced attorneys Gil Fried and Carla Varriale offer a fact-packed run-down on the legal ins and outs of America’s most revered sports, the dangers they pose to those who revere them, and the forms of recourse, or lack thereof, that are available to injured spectators.  Dancing the fine line between acknowledging a sports facility’s need to protect its fans and the fans’ desires to get “up close and risky,” Gil and Carla leave no stone unturned in this nuanced and highly entertaining lecture. 

See the following for more details:

http://www.lawline.com/cle/course-details.php?i=811&course_type=video

In today’s Legal Tip of the Day, Richard Roth expands on his experiences in the Entertainment and Sports Litigation world, using his past cases as examples for each category. The clip below, entitled “When a Lawsuit is Necessary in Entertainment and Sport Litigation”, is a highlight on Roth’s explanation on why sometimes a lawsuit is inevitable in the entertainment and sports arena.

Richard Roth is a prominent lawyer in New York City. His practice areas include complex commercial litigation, securities litigation and arbitration, employment litigation, entertainment and sports litigation, real estate litigation, and more. An alumnus of Hofstra University School of Law, Roth has had several high profile cases, including a major sports litigation case with Peyton Manning, the quarterback of the Indianapolis Colts.

This clip can also be found on YouTube.com, in Lawline’s Legal Tip of the Day series. 

Attorney Jay Sullivan's work has appeared in the New York Times, the New York Law Journal, and Readers Digest. Now he brings his expertise to the YouTube community as a part of the Lawline.com Legal Tip of the Day series. Watch as he explains how to transform abstract ideas into a concrete, easy to follow presentation.

His advice originally appeared in a course at Lawline.com entitled "Building Dynamic Client Meetings" but can apply to anyone who wants to improve his or her communication skills. His ideas regarding using space strategically and organizing presentations logically can apply to the client meetings and beyond.

Watch the clip for more information.

In today's Lawline.com Video Clip of the Day, Sarah Jo Hamilton discusses the historical sources of ethics law, including the issues and solutions that ensued.  She briefly goes over the development of ethics law.

Watch the clip for information.

The clip is from Sarah Jo Hamilton's course (with Berry Temkin) "Ethical Considerations in Client Perjury".

            Here at Lawline.com, we love to use Twitter as a communication tool.  It allows us to access hundreds, and even thousands, of people at the click of a button.  For anyone who didn’t know, Twitter has a limit on how many users one can follow.  This limit is set at 2000.  Once you have 2000 followers, the capacity rises.  But for anyone who is trying to publicize themselves on the internet,  especially attorneys, this can present a hurdle.  Luckily we came up with five ways that attorneys can maintain effectiveness on Twitter despite following restrictions, and why the restrictions can be a good thing.

1)    Make Smarter Choices on Twitter
Twitter has a plethora of information and benefits.   It also has a lot of junk.  It’s very easy to get lost in this when choosing who you follow.  Since there are limits, you have to be more conscious when looking at profiles and deciding to follow someone.  Although you are losing a potential follower, you are more likely to follow someone that has information that pertains to you.

2)     Keep The  Information Concise
Following an enormous amount of people on Twitter means that your main twitter page won’t be the same for more than a minute.  The fewer amount of people that you follow, the more likely you are to see consistent information.

3)    Learn Who Your Twitter Friends Are
Similar to seeing consistent information, you are also more likely to see the same users post when you are on your Twitter homepage.  This maximizes the potential of establishing relationships with other Twitter users.   Relationships with other Twitter users are often the ultimate goal of the social media tool.

4)    Appearance and Brand Image
Since Twitter was established, the best known way to get followers was to follow others.  However the image of following more than you are following isn’t always positive.  A small amount is deemed to be okay, but if the number approaches the thousands, it can begin to look desperate.   The limit will help you maintain the way your brand is perceived.   So before you hit follow, take notice of your following status.

5)    Access to You
All of the previously mentioned benefits of the Twitter limit means that the same rules apply to you.  Those people who are following you also have to deal with limits.  This gives you a better opportunity to reach them.  A better opportunity to make your voice heard.  A better chance that you’re tweet won’t get lost in the crowd.

Click here to follow Lawline.com on Twitter.

Philip Kleiner discusses what to look out for when dealing with non-immigration visas, including what is a sign of fraud and what is legitimate in immigrant marriages.

Watch the clip for more information

The clip is from Phil Kleiner's Course "Overview of Non-Immigrant Laws and Temporary Visas" which can be accessed here.

Today in Lawline.com's Legal Tip of the Day, Ron Katter discusses the plaintiff's attorney's ethical obligation when reviewing the facts of the case with a witness that is going to go through a deposition. He also talks about actually going through the importance of the deposition with your clients.

Watch the clip for more information.

The clip is from Ron Katter's Course "Depositions: The Keystone of Litigation." Which can be accessed by going here.

In today's Lawline.com clip of the day, Lawline.com faculty member and image consultant Megan Kristel, talks about preparing your image for a public appearance. She particularly focuses on the importance for attorneys to ensure they are perceived as professionals. For High Definition (HD) television, Megan recommends that individuals work with make-up artists to ensure that they're satisfied with their appearance.

Watch the clip for more information.  

The clip is from the course "Understanding How Public Relations Can Improve Your Legal Practice" which can be accessed here.

           Here at Lawline.com, we find constant inspiration through our work environment. Whether we’re discussing the recent passing of the King of Pop, Michael Jackson, or laughing about the last Milestone dinner, there is always something to keep the mind at ease. We try to keep stress at bay, and as a result more work gets done. Below is a list of five common cultural aspects that we encounter every day, and attribute to the success of Lawline.com.

1.    Easy Communication

The technology world has certainly expanded, including in the area of social networking. By keeping up with the new and improved networking tools, communication and marketing reaches new heights. Here in our office, we utilize Facebook, YouTube, Bing, and Twitter. By utilizing all of these resources, it keeps the office young and expands our customer base. In addition, it adds a fun way to reach out to people.  Skype is a communication tool we use daily to keep in contact with each other.  It’s great for asking quick questions, or even just to send a funny joke. Humor in the office leads to our next must-have characteristic.

2.    Relaxed and Laid Back Attitudes

Given this is a Friday post, we hope you’re reading it in your jeans. The office is where people spend most of their time, so it should be somewhere that they can relax. While getting work done is the main goal of the office, stressing out should not be the end result. By providing a friendly atmosphere, employees are more inclined to get work done in a timely manner. Allowing for a communal staff lunch in the conference room is something we do constantly at Lawline.com. It brings everyone together to discuss work matters in a relaxed environment, or even just chat about the weekend to come.

3.    Ownership and Responsibility

Getting everyone involved and making sure they understand they have a say in the company promotes the feeling of ownership. By delegating responsibility and making the employees understand the company relies on their hard work brings a “we’re in this together” attitude to the office.

4.    Inspiration in the Work Force

By letting ideas flow and constantly being open to new ideas, Lawline.com is always updating and improving. A major resource we use is called the suggestion box, which is an online tool that all employees can see and give input on. The suggestion box is a quick and easy way for anyone to suggest any small idea that comes to mind, right as the imaginary light bulb turns on. In addition, during weekly staff meetings, new suggestions, issues and concerns are addressed and often implemented. A constant flow of new ideas keeps the work atmosphere running progressively.

5.    Absence of Micromanagement

At Lawline.com, we have our own custom built intranet that lists each employee’s tasks for the day. By highlighting each task in certain colors, everyone can see how far along anyone is with the task at hand. This is extremely helpful and prevents micromanagement. By allowing for freedom in the office, employees feel they are trusted and are a valuable part of the company.

       Our hope is that these suggestions can be implemented in your own office, or even better- already are! We have found that the atmosphere here at Lawline.com brings smiles to our employees’ faces while increasing productivity. In the spirit of inspiration in the work force, feel free to email us at support@lawline.com with any feedback or suggestions. We’d love to hear some new ideas!

 If you're interested in learning more about culture of the work place, you would probably find this interesting too.....http://www.zapposinsights.com/live/

In today's Legal Tip of the day,  productivity expert and Lawline.com faculty member,  Neen James outlines tips specifically targeted towards boosting attorney productivity. She gives clear, simple advice on everyday practices attorneys can use to make the most of their work day.

Her mantra "plan tomorrow today" captures the idea that lawyers can prepare for upcoming meetings, appointments, or projects by devoting ten minutes at the end of the previous workday for planning. This should be accompanied by fifteen minutes of planning at the beginning of every work day. This way lawyers can strategize about how best to allocate their time.

Watch the clip for more information.

The clip is from the course "Promotions and Productivity for Lawyers"

Today in In Lawline.com's Legal Tip of the Day, prominent criminal attorney, Benjamin Brafman talks about using humor when trying a case.  He particularly talks about how humor allowed him to successfully lighten the mood among the jury when working with Johnny Cochran to represent P Diddy a few years ago.  Watch the clip for more.

Benjamin Brafman is a well established attorney and Lawline.com faculty member.  He has represented and worked with many well known individuals including P Diddy, Michael Jackson, and most recently Plaxico Burress.

Click here for more information on Mr. Brafman's course "Summation: A Work In Progress"

     The king of pop may have passed away, but his legacies will continue to live on.  His music will forever keep people of all ages, from teenagers to great grandmothers, on the dance floor.  Young performers will always attempt to imitate the ground-breaking dance moves that caused Michael to revolutionize pop music.  He is the Elvis of our generation, and like Elvis, his legacy will resonate with generations to come.  It’s hard, however, to separate Michael from his second legacy, which will also continue to live on, his legal troubles.   In the past decade these troubles overshadowed his talent and tainted his image as an entertainer.
   
   From the molestation charges to his recent bankruptcy problems, Jackson made the news more often for legal issues than for anything else.  It is estimated that he died with a debt of $400 million dollars.  This is sure to raise issues for whoever actually inherits the assets that he did hold onto–such as publishing rights to over 250 songs from the Beatles catalog, and music compositions from his own catalog.  The Wall Street Journal reports that Michael also had outstanding litigation from former concert promoters, managers, and auction houses.

     The “Bitter Lawyer” has listed the Top Ten Lawyers that have represented Michael Jackson.  Third on the list is Lawline.com faculty member, Benjamin Brafman.  Brafman appeared on CNN the day after Michael’s death where he recounted his experience with Michael.   The AM Law Daily reports that, “The singer’s ‘naivete’ about the legal process shocked Brafman, who told Cooper he was even more surprised when Jackson collapsed onto his shoulder and began “sobbing hysterically” after the blunt New York lawyer informed him of the seriousness of the molestation charges. When Brafman put his hand on Jackson’s back to console him, all he felt was bones.”  

           Brafman also said that after interacting with Michael, he had a sense that “he was not going to live to be an old man.”  He later went on, “He was so thin that you had to believe that the pain was real and you could see in the -- in his speech pattern. Sometimes they were halting that there was a pain that enveloped him. Whether it was real, whether it was psychological, I don't know. I'm not trained in that regard but I worried about Michael Jackson a lot.”  To read a transcript of Brafman’s appearance go here.

       Since his unfortunate death last week, his image as a performer has been revitalized.  Radio playlists and charts are saturated with his songs, MTV and VH1 have been playing marathons of his music videos, and millions of people have been streaming his performances on YouTube.  It is clear that his legacy as an entertainer will survive.   His legal troubles, however, will also continue to surface, and will probably become even messier.

Today in Lawline.com's Legal Tip of the Day, faculty member Jay Sullivan sheds some light on little tips to keep a client meeting organized and concise. He tells us how to not only keep the client's attention but how to appear prepared as well.

Watch the clip for more information.

Read more about Jay's course on "Building Dynamic Client Meetings" by going here.

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.  As constant advocates of education, we recognize the importance legal blogs (or more appropriately named Blawgs) as they facilitate the exchange of information.  This week we will be featuring “That’s What She Said.”

For anyone who is a fan of the NBC show “The Office,” you will certainly find this blog both entertaining and revealing.  Most people who work in an office environment will agree that the television series can be very representative of reality.  This blog, however, takes it to a new level and views the episodes from an unconventional viewpoint by highlighting problematic legal situations that generally go unnoticed.  Like an analysis of literature that sheds new light upon the work, this blog similarly offers new insight and perspective upon, and often greater appreciation for the television show.

In one particular blog post, Foster identifies a potential liability claim after Michael (the main character of the Office) announced that there would be lay-offs at a company picnic in front of employees and their families.  In a real life situation this can potentially present a claim of “negligent or even intentional infliction of emotional distress.”

The blog is run by Troy Foster, an employment attorney from Arizona.   Foster started his career as an HR professional and recognized that when work is fun, learning is facilitated.  Using this concept, his blog provides the opportunity to teach something out of a fun and entertaining show.

To check out the blog go here:  http://employmentlawpost.com/thatswhatshesaid/

Employment attorney and Lawline.com faculty member Ardra O'Neal talks about ways of structuring the inevitable layoff. Performance and Seniority based evolution may be one way that the layoff structure is approached. Watch the clip for more information. Ms. O'Neal notes that employers often fail to adequately document the poor performance of their employees, which can potentially lead to legal liability if laid off.  Watch the clip for more. 

The clip is from Ardra O'Neal's course "Best Practices For Implementing Lay-Offs For Private Sector Employers" which can be accessed here.

Here at Lawline.com we are in the CLE business.  And around the legal community, we know that CLE stands for Continuing Legal Education.  But, just like any other acronym, it can be fun to think about what else CLE could stand for.

Inspired by a post to Twitter by a lawyer who clearly did not like his most recent CLE course, we decided to make the acronym the focus of this week’s Twitter contest.  Come up with the most unique, interesting, funny, etc. phrase that CLE could stand for.  Then, to enter the contest, post it to Twitter with the hash tag #Lawline.  You can only win if you use that hash tag.

Example: CLE is Critical Legal Endorsements #Lawline

At the end of the week, we will pick our favorite one and that person will win a free year of CLE with us.  Enter as many times as you want.

Good luck.

It’s Friday again and there is a lot going on in the world.  So much so that it is hard to get a grip on everything at once.  But there is one thing that a lot of people are lining up to get a grip on today, the new iPhone.

The new iPhone 3G S officially launched today, with people waiting for stores to open all night.  Why?  After the success of the original iPhone, and the anticipation of some great new features, the updated phone from Apple is sure to please.  So for this edition of Lawline.com’s Friday Five, we have decided to showcase the top 5 new features that lawyers are sure to love.

1. Speed.  The new iPhone is advertised as twice as fast as the old model.  With most of using the iPhone for business as well as pleasure, the new speed should work to keep up with the fast paced world that we work in.

2. Cut, Copy, and Paste.  One of the features almost everybody was looking for on the first version of the phone was the ability to work with text.  Now, you can highlight text with the touch of a finger, remove it, copy it into an email, paste it into a new text, etc.  It gives you much more flexibility and makes typing much easier.

3. The Landscape Keyboard.  Another feature that Apple failed to include the first time around is the landscape keyboard.  While other touch phones allow you to tilt your phone horizontal and have more room for the keyboard, Apple kept you strictly in the upright position.  But this time around they have figured it out.  Landscape typing makes it easier and faster to type emails and text messages on the go.

4. Stock Watch.  An updated stock market section of the phone has many people excited.  With real time quotes, charts, financial details, and headlines, you never have to be too far from your portfolio.  This is just another step in the process towards more financial independence.

5. Updated Search.  The new iPhone would not be complete without an upgraded search.  The search on this phone is all encompassing.  It allows you to search your contacts, your messages, your emails, and practically any other type of information that you store on there.  This is just another feature that improves the speed and functionality of this phone.

Overall, the new iPhone is being hailed by those who have used it as one of the best smart phones in the world.  It has the Apple community buzzing, and is sure to turn a couple Blackberry users into iPhone enthusiasts.  Get your hands on one and see for yourself.  And have a great weekend.

Today in Lawline.com;s tip of the day, faculty members Gina Rubel and Laura Powers talk about identifying your target audience when pursuing a social media campaign. Furthermore, you must decide what your key message will be to this audience and how it will influence your desired appearance.

Watch the clip for more information.

Our Unlimited CLE product has become so popular in the past month that we have decided to expand its reach.  We launched a Lawline.com Affiliate advertising campaign to allow anyone with a law related website to share in its growth.

Becoming an affiliate is quite simple.  We will give you an ad to place anywhere on your website.  The ad will promote our Unlimited CLE program to anyone who is visiting your site.  Since it is a special offer, it is something that will really relate to your readers.

Additionally, the ad will benefit you because it pays royalties based on conversions.  Through our tracking program, you can monitor how many sales you receive from the ad, and get paid a percentage of every sale.  So the more you promote the ad on your site, the more money you will make from the affiliate program.

If you currently operate a website that relates to the legal community and is seen by lawyers in general, please don’t hesitate to sign up.  Contact Frank Furbacher for more information or to register to become an affiliate advertiser today.

In today’s Lawline.com Legal Tip of the Day, faculty member Malcolm Taub discusses the significance of a condition report in the purchase and/or sale of artwork.  Condition reports are prepared by a curator or a restorer and should be obtained before the initial viewing of the artwork.  They refer to the mechanical characteristics of the art work, and have no relation to its visual appearance.  Mr. Taub further outlines the details of a condition report.  Watch the clip for more.

The clip is from Malcolm Taub's course "Legal Issues Relating to the Purchase & Sale of Art."  For more information click here.

Last Friday we discussed the importance of getting a vanity URL on Facebook over the weekend.  Our Friday Five focused on the top 5 reasons that lawyers can use Vanity URLs.  To show you how serious we were about it, we took our own advice and registered for one.

Our new profile can now be found at http://www.facebook.com/lawline.  Add us and join in the fun.

If you got a vanity URL, we want to hear about it.  Use the comments section below to show us what name you got.

This June, we have brought you a new Twitter contest every week.  This week, the contest comes in the form of a quiz.  The winner this week will receive 3 years of Free CLE.  To win, simply send us an @reply on Twitter with the answers to the questions below (ex. @Lawline C, B, D, C, B). 

Everyone who gets all 5 correct will be entered into a drawing for the prize.  If no one gets all 5 correct, the next highest number will win.  Answers are due by Thursday at 5pm, the winner will be announced Friday morning.  Clearly, you have to be a member of Twitter to win, so if you have not done so yet, sign up your free Twitter account and follow us at www.twitter.com/Lawline. Good luck.

1. What year did Lawline.com start offering CLE?

a. 1990
b. 1999
c. 2003
d. 2007

2. How many states does Lawline.com offer Online CLE in?

a. 12
b. 21
c. 29
d. 33

3. What city is Lawline.com located in?

a. Los Angeles
b. New York
c. Chicago
d. Miami

4. Lawline.com was developed from a popular cable TV show called LAWLINE, who was the host?

a. Mark Matthews
b. David Sanders
c. Alan Schnurman
d. Raymond Williams

5. When is the deadline for Illinois attorneys to complete their CLE Courses?

a. June 30
b. August 15
c. December 31
d. January 31

    The great thing about the internet is that it provides the opportunity to publicize any type of information.  Today in Lawline.com’s Video Tip of the Day, Richard Levick talks about how the internet sets the agenda for the media and also about how the internet can provide as a valuable resource for the traditional media outlets.

Watch the clip for more information.

The clip is from Richard Levick's course "A Lawyer's Guide to Litigation and Crisis Communications" which can be accessed here.

Once again, we’ve reached the end of another long week.  And after work all you’re going to want to do is go home, relax, and get some much needed rest.  But this Friday, unlike most others, you have to stay up until at least midnight.  Why?  Because Facebook has decided that midnight tonight is the best time to launch their “Vanity URLs”.

A vanity URL means that you can customize the URL to your profile page, or company page, or fan page, anything you want.  So instead of your profile link being http://www.facebook.com/dfj34099dlvkmnv98, you can make it http://www.facebook.com/lawline as long as you are the first one to get it.  They are working on a first come, first serve basis.
Why is a vanity URL so important?  Well, that’s the subject of this week’s edition of the Friday Five…

1. Facebook is a great marketing resource.  Just like many other websites and services in the social media area, Facebook allows you to network with people that you would not have the chance to meet in the real world.  And having a vanity URL allows you to share the link to your profile much easier.  By directing people to your page, you are creating more connections, and more potential marketing power.

2. So someone else doesn’t steal your name.  Facebook, for whatever reason, has decided to make it a first come first serve process. If someone signs on and registers your name before you do, you are out of luck.  That can be frustrating, confusing, and problematic.  Protect your name at all costs.

3. Be part of the revolution.  We all want to be there when the big events go down.  Some day the world will look back on this day with awe and wonder.  It was the day that Facebook URLs changed from ugly and confusing, to neat and clean.  It was the day that the largest social network in the world got even easier to use.

4. Avoid legal drama.  There are sure to be issues that arise out of this situation.  People will not get the names that they want, and impersonators will steal the most popular names just for kicks.  Check out this article from the National Law Journal on cyber-squatting.

5. Use it as an excuse.  An excuse to stay up, an excuse to be online, an excuse to be on Facebook.  “It’s Friday night and I’m on Facebook, but I am only doing it to get my name in my profile link”.

So there it is.  Get on Facebook early and stay late.  Hopefully by this time tomorrow you will have the Facebook profile link you’ve always dreamed of.  Until then, Happy Friday!

Today in our Lawline.com Video Tip of the Day, faculty member Bart Basi talks about the difference between an acquisition, a merger and a consolidation in business transactions.

Watch the clip for more information.

Today in our Lawline.com Video Tip of the Day, faculty member Daniel Fish talks about the difference of custodial care and skilled care in the context of health care. Recently, due to health care issues, there has been an expansion of Elder Law Practice.  As Fish illustrates, the difference between the two types of care is an important distinction. 

Watch the clip for more information.

The clip is from Daniel Fish's course "Elder Law Fundamentals." For more information click here.

Lawline.com was featured in yesterday’s issue of Crains New York.  The story focused on small businesses that were practicing innovative strategies to make it through the recession.  We are proud to share the article with you.  For the full text you can follow the link below.

Hard Times for Small Firms -- Recession for the Owners Devise Novel Survival Strategies
http://futurenyc.crainsnewyork.com/2009/06/02/hard-times-for-small-firms/

The following is the excerpt dealing specifically with Lawline.com.

Going For Volume

David Schnurman decided to lower prices at 10-year-old Lawline.com, which offers lawyers online classes to satisfy their continuing education requirements, after it became clear that thousands of attorneys were losing their jobs. He gambled that his Manhattan-based operation could keep revenue at about $5 million a year by increasing the number of classes sold, even if they were bought at a discount—in some cases up to 50% less.

So far, Mr. Schnurman says, the strategy is working.

He has cut his marketing budget by 25% and is investing less in online infrastructure and new course development, but hasn’t had to fire any of his 15 employees.

“I’d rather hunker down, lower my prices and spend less money—and not lay people off,” the entrepreneur says.

Today in our Lawline.com video tip of the day, faculty member Irwin Karp provides some tips on avoiding procrastination.  We all do it so this four minute clip is sure to be helpful to anyone.  He talks about the most efficient ways to get things done and how to beware of the tyranny of the urgent.  Watch the clip below for more.

The course is from Irwin Karp's course "Overcoming Procrastination." For more information click here.

The second week of June has already arrived.  This means that it’s time for us to announce the second social media contest of the month.

For this contest, we will be randomly  selecting a Twitter user who completes two tasks…

1)    Follow us on Twitter (http://www.twitter.com/lawline)
2)    Post a Tweet that Links to the Following Page Giving 2 Free CLE Credits : http://www.lawline.com/register-free.php

The link is a sign-up for two free CLE credits from Lawline.com.   You do not have to be a Lawline.com member to post the link on Twitter.  If you like, however, you can sign up for the two free credits as well.  There is no purchase required.  To follow Lawline on Twitter click here

If you are not a Twitter user, you can sign up for free at http://www.twitter.com

A winner will be randomly selected Thursday at 5pm and will be annouced on Friday.  If you have any questions please contact support@lawline.com

Today in our Lawline.com Video Tip of the Day, faculty member Ronald Coleman talks about the invasion of privacy clause as it relates to blogging.  He highlights the ability for an individual to take legal action if a photograph is posted of him or her on a blog and what types of claims may or may not be filed.   He also notes the the differing degrees of leniency from one state to the next with regard to privacy law.