Lawline.com Blog http://www.lawline.com/blog Lawline.com Blog Posts Thu, 11 Mar 2010 04:02:15 -0500 http://wordpress.org/?v=2.6.5 en Hey, Did you Hear About... http://www.lawline.com/blog/post.php?post_id=588 http://www.lawline.com/blog/post.php?post_id=588#Comments Wed, 10 Mar 2010 09:40:04 -0500 Jeff Reekers http://www.lawline.com/blog/post.php?post_id=588 The amount of information the attorney is subjected to every day can be overwhelming. If you want just enough information on today's headlines and top legal news to be able to keep up at that water cooler, then here are some legal shorts to help keep you up to beat:

Did you hear...

  • “Jihad Jane,” a Pennsylvania resident, has been indicted for a conspiracy to provide support for terrorist in a murder plot overseas.
  • Rodney Alcala, a serial killer who appeared as a guest on “The Dating Game,” has been recommended for the death penalty by a California jury.
  • Police will question the Pittsburgh Steeler’s Ben Roethlisberger in regards to accusations of sexually assaulting a woman last Friday in a Georgia nightspot. Authorities are currently reviewing surveillance videos to determine what exactly happened.
  • A Greenville, South Carolina woman was charged with homicide after shaking a two year-old child left in her care to death. The woman, Judy Greer, claims that she was trying to rock the child to sleep.
  • New York’s own David Letterman is still in the news. His former television producer, Rober Halderman, pleaded guilty for attempted grand larceny. "I attempted to extort $2 million from David Letterman by threatening to disclose personal and private information about him, whether true or false," he said, according to Law.com.
  • According to a court filing, former executives of the Milpitas, CA KLA Tencor Corporation settled a $33 million lawsuit regarding stock options backdating four years.
  • Lindsay Lohan has sued an extension of E*Trade Financial Corporation, an online brokerage operator, in a claim that the company misappropriated her identity in a recent television ad. Lohan is seeking $100 million in damages and for the ad to be halted. The commercial refers to Lindsay as a “milkaholic.”
... ]]> The amount of information the attorney is subjected to every day can be overwhelming. If you want just enough information on today's headlines and top legal news to be able to keep up at that water cooler, then here are some legal shorts to help keep you up to beat:

Did you hear...

  • “Jihad Jane,” a Pennsylvania resident, has been indicted for a conspiracy to provide support for terrorist in a murder plot overseas.
  • Rodney Alcala, a serial killer who appeared as a guest on “The Dating Game,” has been recommended for the death penalty by a California jury.
  • Police will question the Pittsburgh Steeler’s Ben Roethlisberger in regards to accusations of sexually assaulting a woman last Friday in a Georgia nightspot. Authorities are currently reviewing surveillance videos to determine what exactly happened.
  • A Greenville, South Carolina woman was charged with homicide after shaking a two year-old child left in her care to death. The woman, Judy Greer, claims that she was trying to rock the child to sleep.
  • New York’s own David Letterman is still in the news. His former television producer, Rober Halderman, pleaded guilty for attempted grand larceny. "I attempted to extort $2 million from David Letterman by threatening to disclose personal and private information about him, whether true or false," he said, according to Law.com.
  • According to a court filing, former executives of the Milpitas, CA KLA Tencor Corporation settled a $33 million lawsuit regarding stock options backdating four years.
  • Lindsay Lohan has sued an extension of E*Trade Financial Corporation, an online brokerage operator, in a claim that the company misappropriated her identity in a recent television ad. Lohan is seeking $100 million in damages and for the ad to be halted. The commercial refers to Lindsay as a “milkaholic.”
... ]]> http://www.lawline.com/blog/post.php?post_id=588#Comments The Power of Objective Criteria http://www.lawline.com/blog/post.php?post_id=587 http://www.lawline.com/blog/post.php?post_id=587#Comments Tue, 09 Mar 2010 08:27:32 -0500 Marty Latz http://www.lawline.com/blog/post.php?post_id=587 Consider this quote from a recent New York Times article about Derek Jeter playing in the last year of his 10-year, $189 million contract: "Per team policy, the Yankees do not negotiate contract extensions during the season."

Jeter, one of the best shortstops of all time, seems perfectly content to abide by the Yankees' policy and wait until the end of the season to discuss a new deal.

Why? The Yankees' policy gains negotiation power from three key objective criteria:

  1. Precedent power - the Yankees' have followed this policy in past player negotiations;
  2. Tradition power - the longer a practice is followed the stronger it becomes; and
  3. Policy power - policies are used in the negotiation context to promote uniformity and consistency.

Good negotiators use objective criteria in negotiations to support their claim that something is "fair and reasonable." Here, the cumulative effect of multiple powerful objective criteria makes it very difficult for a player to argue otherwise.  Other teams which don't have a similar policy or have made prior exceptions would have a much harder time turning down a request from a top player like Jeter to negotiate a contract extension during the season.


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.

 

... ]]> Consider this quote from a recent New York Times article about Derek Jeter playing in the last year of his 10-year, $189 million contract: "Per team policy, the Yankees do not negotiate contract extensions during the season."

Jeter, one of the best shortstops of all time, seems perfectly content to abide by the Yankees' policy and wait until the end of the season to discuss a new deal.

Why? The Yankees' policy gains negotiation power from three key objective criteria:

  1. Precedent power - the Yankees' have followed this policy in past player negotiations;
  2. Tradition power - the longer a practice is followed the stronger it becomes; and
  3. Policy power - policies are used in the negotiation context to promote uniformity and consistency.

Good negotiators use objective criteria in negotiations to support their claim that something is "fair and reasonable." Here, the cumulative effect of multiple powerful objective criteria makes it very difficult for a player to argue otherwise.  Other teams which don't have a similar policy or have made prior exceptions would have a much harder time turning down a request from a top player like Jeter to negotiate a contract extension during the season.


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.

 

... ]]> http://www.lawline.com/blog/post.php?post_id=587#Comments Zubulake Revisited: Ineffective Lit Holds and Sloppiness Lead To Wheel of Sanctions http://www.lawline.com/blog/post.php?post_id=586 http://www.lawline.com/blog/post.php?post_id=586#Comments Mon, 08 Mar 2010 11:01:03 -0500 Fernando M. Pinguelo and Frank Gonnello, Jr. http://www.lawline.com/blog/post.php?post_id=586 The contents of this article have been provided by Fernando M. Pinguelo and Frank Gonnello Jr.


'Trouble lurks when you rely on ‘a pure heart and an empty head’

Now, I know what you’re probably thinking.  “Revisit Zubulake!?  But that was so long ago!  Surely everything has changed!”  (Sarcasm)

To be fair, things were quite different back then – no iPhones, no clouds (in the IT world), no Google Any-Application-You-Can-Think-Ofs.  The technology landscape has certainly evolved since Zubulake became a household name.

But (at least) two things haven’t changed:  Judge Shira A. Scheindlin’s view of eDiscovery due diligence and parties’ (and their lawyers’) continued failure to meet these expectations.

In Her Honor’s latest eDiscovery-related opinion, Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs., LLC, __ F. Supp. 2d __ (S.D.N.Y. 2010), Judge Scheindlin provides us all with a much needed reminder that sloppy (i.e., negligent or grossly negligent) document preservation and production will expose parties (and their lawyers) to the court’s arsenal of sanctions: from further discovery, to cost-shifting, to fines, to special jury instructions, to preclusion, to the most severe sanction of all – entry of default judgment or dismissal. 

If you’re looking for scandalous discovery abuses or headline-grabbing fines, you’re not going to find that here.  This case addresses boring, run-of-the-mill – yet all too common and very serious – sloppy preservation and production actions on the part of clients and their lawyers.

In Pension Comm. of Univ. of Montreal Pension Plan, a group of ninety-six investors filed the initial action in an attempt to recover $550 million in losses after the liquidation of two British Virgin Island-based hedge funds in which they held shares.   During the lengthy discovery process, defendants brought to the court’s attention substantial gaps in some (thirteen of the ninety-six) plaintiffs’ document productions. 

These defense allegations led to depositions and affidavits that detailed the steps (not) taken to preserve and produce documents (including electronically stored information). At the close of discovery, defendants sought the dismissal of the complaint or some alternative relief for plaintiffs’ discovery abuses. 

All tolled, the court found thirteen plaintiffs either negligent or grossly negligent in meeting their discovery obligations and issued sanctions that ranged from further discovery (at the low end), to monetary sanctions and an adverse inference “spoliation charge” (at the high end).  In true eLessons Learned fashion, let’s take a closer look at exactly why Judge Scheindlin found plaintiffs’ (and their lawyers’) efforts to be “flawed.”

The ‘Pure Heart and Empty Head’ Syndrome

It’s important to point out from the start that Scheindlin’s assessment of plaintiffs’ acts concluded decisively that this was an instance of careless and lazy preservation of data, as opposed to an intentional destruction of evidence.  Nonetheless, she concludes that “there can be little doubt that some documents were lost or destroyed.”   Thus, Scheindlin begins down the path of determining the appropriate sanctions for such conduct, despite plaintiffs’ “pure heart [and] empty head.”

But, before we solve the final puzzle (SAN_TIONS), here are the plaintiffs’ R-S-T-L-N and E (Reckless Steps Their Lawyers Negligently Endorsed):*

The Plaintiffs

  • Plaintiffs did not issue an appropriate written litigation hold until a few years after they should have.
  • Plaintiffs failed to execute a comprehensive and orderly search for documents.
  • Plaintiffs failed to sufficiently guide, supervise, and monitor their employees' document collection.
  • Plaintiffs submitted inaccurate, incomplete, vague, and contradictory declarations that misled defendants and the court about plaintiffs’ document preservation and production efforts.
  • Plaintiffs failed to adequately prepare and produce witnesses with knowledge about document preservation and production efforts, including which files were searched, how searches were conducted, who was asked to search and what they were told, and the extent to which employees’ efforts were supervised.
  • Plaintiffs’ document preservation and production efforts were found to be “severely deficient.”
  • Plaintiffs failed to collect or preserve any electronic documents prior to their belated litigation hold.
  • Plaintiffs failed to request documents from key custodians and witnesses.
  • Plaintiffs’ memoranda (purporting to be litigation holds) never specifically instructed employees and key custodians not to destroy records.
  • Plaintiffs designated employees with no experience conducting searches and who received no instruction on how to conduct searches, had no supervision during the collection, and had no contact with lawyers during the search.
  • Plaintiffs unduly limited the scope of persons with relevant documents to the point of excluding many more who did in fact have responsive documents.
  • One plaintiff’s representative admitted that she failed to search an executive’s PalmPilot, which may have contained relevant emails.
  • One plaintiff’s general counsel at first declared that he supervised his company’s document search efforts; but later testified at a deposition that he delegated the search to a paralegal.  When pressed, he did not know the details of the paralegal’s communication with employees regarding preservation or whether employees complied. In fact, general counsel signed his declaration without fully investigating his company’s search efforts, and he lacked personal knowledge of many of the issues raised in his declaration.

Their Lawyers

  • Lawyers’ telephone conversations, emails, and memoranda instructing plaintiffs to be over, rather than under, inclusive and noting that emails and electronic documents should be included in the production were not enough to constitute an effective litigation hold.
  • Lawyers’ subsequent monthly case status memoranda, which included additional requests for documents, were not enough to constitute either an effective litigation hold or adequate monitoring.
  • Lawyers failed to focus efforts on discovery while a three-year discovery stay was in place.
  • Lawyers failed to sufficiently guide, supervise, and monitor their clients’ document collection.


* - On the surface, these actions may appear intentional or wanton to the unsuspecting eye.  However, what “saved” these thirteen plaintiffs was the fact that these errors were corrected later through the filing of amended declarations and other curative conduct.

Wheel of Sanctions

Now back to the sanctions.  Scheindlin stated “a plaintiff’s duty [to preserve information] is more often triggered before litigation commences, in large part because plaintiffs control the timing of litigation.”  Here, as with other cases we’ve blogged about, “the breach of the duty to preserve, and the resulting spoliation of evidence, may result in the imposition of sanctions by a court.”  Recognizing that not all sanctions are created equal, Scheindlin addresses which sanctions would be proper under the circumstances. 

She explains that for fines, cost shifting, and other “less severe” sanctions, the crux of the matter is the conduct of the spoliating party.  For more severe sanctions (i.e., dismissal, preclusion, and adverse inference jury instructions), “the court must consider, in addition to the conduct of the spoliating party, whether any missing evidence was relevant and whether the innocent party has suffered prejudice as a result of the loss of evidence.”

Scheindlin employs the following burden shifting test to deal with the burden of proof in cases such as this one, which seek more severe sanctions for egregious conduct: 

  1. When the spoliating party’s conduct is sufficiently egregious to justify a court’s imposition of a presumption of relevance and prejudice, or when the spoliating party’s conduct warrants permitting the jury to make such a presumption, the burden shifts to the spoliating party to rebut that presumption.
  2. If the spoliating party demonstrates to a court’s satisfaction that there could not have been any prejudice to the innocent party, then no jury instruction will be warranted, although a lesser sanction might still be required.

The Final Spin

After a lengthy and thorough review of the facts (indeed, Judge Scheindlin estimates that, collectively, almost 300 hours were spent on the motion and opinion), the court found that plaintiffs “failed to execute a comprehensive search for documents and/or failed to sufficiently supervise or monitor their employees’ document collection.”  Scheindlin concludes with the lesson of this case:

While litigants are not required to execute document productions with absolute precision, at a minimum they must act diligently and search thoroughly at the time they reasonably anticipate litigation.

The failure to issue an effective written litigation hold constitutes gross negligence because that failure is likely to result in the destruction of relevant information.  Furthermore, a litigation hold that places total reliance on clients’ employees to search and select what they believed to be responsive records without any supervision from counsel is not “effective.”

In the end, jurors will receive instructions that they are permitted to presume the lost evidence is relevant and favorable to the defendants.  Additionally, plaintiffs must now deal with monetary sanctions on top of their alleged $550 million losses. 

Scheindlin set the precedent for the consequences of this sort of behavior in Zubulake and subsequent decisions.  Courts are not going to accept excuses for disregarding now-standard principles and practices.  Attention must be paid to avoid the pitfalls documented by Judge Scheindlin.  Heed her warning because with one spin of the Wheel of Sanctions, you might not be able to afford buying a vowel.
 

 

... ]]> The contents of this article have been provided by Fernando M. Pinguelo and Frank Gonnello Jr.


'Trouble lurks when you rely on ‘a pure heart and an empty head’

Now, I know what you’re probably thinking.  “Revisit Zubulake!?  But that was so long ago!  Surely everything has changed!”  (Sarcasm)

To be fair, things were quite different back then – no iPhones, no clouds (in the IT world), no Google Any-Application-You-Can-Think-Ofs.  The technology landscape has certainly evolved since Zubulake became a household name.

But (at least) two things haven’t changed:  Judge Shira A. Scheindlin’s view of eDiscovery due diligence and parties’ (and their lawyers’) continued failure to meet these expectations.

In Her Honor’s latest eDiscovery-related opinion, Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs., LLC, __ F. Supp. 2d __ (S.D.N.Y. 2010), Judge Scheindlin provides us all with a much needed reminder that sloppy (i.e., negligent or grossly negligent) document preservation and production will expose parties (and their lawyers) to the court’s arsenal of sanctions: from further discovery, to cost-shifting, to fines, to special jury instructions, to preclusion, to the most severe sanction of all – entry of default judgment or dismissal. 

If you’re looking for scandalous discovery abuses or headline-grabbing fines, you’re not going to find that here.  This case addresses boring, run-of-the-mill – yet all too common and very serious – sloppy preservation and production actions on the part of clients and their lawyers.

In Pension Comm. of Univ. of Montreal Pension Plan, a group of ninety-six investors filed the initial action in an attempt to recover $550 million in losses after the liquidation of two British Virgin Island-based hedge funds in which they held shares.   During the lengthy discovery process, defendants brought to the court’s attention substantial gaps in some (thirteen of the ninety-six) plaintiffs’ document productions. 

These defense allegations led to depositions and affidavits that detailed the steps (not) taken to preserve and produce documents (including electronically stored information). At the close of discovery, defendants sought the dismissal of the complaint or some alternative relief for plaintiffs’ discovery abuses. 

All tolled, the court found thirteen plaintiffs either negligent or grossly negligent in meeting their discovery obligations and issued sanctions that ranged from further discovery (at the low end), to monetary sanctions and an adverse inference “spoliation charge” (at the high end).  In true eLessons Learned fashion, let’s take a closer look at exactly why Judge Scheindlin found plaintiffs’ (and their lawyers’) efforts to be “flawed.”

The ‘Pure Heart and Empty Head’ Syndrome

It’s important to point out from the start that Scheindlin’s assessment of plaintiffs’ acts concluded decisively that this was an instance of careless and lazy preservation of data, as opposed to an intentional destruction of evidence.  Nonetheless, she concludes that “there can be little doubt that some documents were lost or destroyed.”   Thus, Scheindlin begins down the path of determining the appropriate sanctions for such conduct, despite plaintiffs’ “pure heart [and] empty head.”

But, before we solve the final puzzle (SAN_TIONS), here are the plaintiffs’ R-S-T-L-N and E (Reckless Steps Their Lawyers Negligently Endorsed):*

The Plaintiffs

  • Plaintiffs did not issue an appropriate written litigation hold until a few years after they should have.
  • Plaintiffs failed to execute a comprehensive and orderly search for documents.
  • Plaintiffs failed to sufficiently guide, supervise, and monitor their employees' document collection.
  • Plaintiffs submitted inaccurate, incomplete, vague, and contradictory declarations that misled defendants and the court about plaintiffs’ document preservation and production efforts.
  • Plaintiffs failed to adequately prepare and produce witnesses with knowledge about document preservation and production efforts, including which files were searched, how searches were conducted, who was asked to search and what they were told, and the extent to which employees’ efforts were supervised.
  • Plaintiffs’ document preservation and production efforts were found to be “severely deficient.”
  • Plaintiffs failed to collect or preserve any electronic documents prior to their belated litigation hold.
  • Plaintiffs failed to request documents from key custodians and witnesses.
  • Plaintiffs’ memoranda (purporting to be litigation holds) never specifically instructed employees and key custodians not to destroy records.
  • Plaintiffs designated employees with no experience conducting searches and who received no instruction on how to conduct searches, had no supervision during the collection, and had no contact with lawyers during the search.
  • Plaintiffs unduly limited the scope of persons with relevant documents to the point of excluding many more who did in fact have responsive documents.
  • One plaintiff’s representative admitted that she failed to search an executive’s PalmPilot, which may have contained relevant emails.
  • One plaintiff’s general counsel at first declared that he supervised his company’s document search efforts; but later testified at a deposition that he delegated the search to a paralegal.  When pressed, he did not know the details of the paralegal’s communication with employees regarding preservation or whether employees complied. In fact, general counsel signed his declaration without fully investigating his company’s search efforts, and he lacked personal knowledge of many of the issues raised in his declaration.

Their Lawyers

  • Lawyers’ telephone conversations, emails, and memoranda instructing plaintiffs to be over, rather than under, inclusive and noting that emails and electronic documents should be included in the production were not enough to constitute an effective litigation hold.
  • Lawyers’ subsequent monthly case status memoranda, which included additional requests for documents, were not enough to constitute either an effective litigation hold or adequate monitoring.
  • Lawyers failed to focus efforts on discovery while a three-year discovery stay was in place.
  • Lawyers failed to sufficiently guide, supervise, and monitor their clients’ document collection.


* - On the surface, these actions may appear intentional or wanton to the unsuspecting eye.  However, what “saved” these thirteen plaintiffs was the fact that these errors were corrected later through the filing of amended declarations and other curative conduct.

Wheel of Sanctions

Now back to the sanctions.  Scheindlin stated “a plaintiff’s duty [to preserve information] is more often triggered before litigation commences, in large part because plaintiffs control the timing of litigation.”  Here, as with other cases we’ve blogged about, “the breach of the duty to preserve, and the resulting spoliation of evidence, may result in the imposition of sanctions by a court.”  Recognizing that not all sanctions are created equal, Scheindlin addresses which sanctions would be proper under the circumstances. 

She explains that for fines, cost shifting, and other “less severe” sanctions, the crux of the matter is the conduct of the spoliating party.  For more severe sanctions (i.e., dismissal, preclusion, and adverse inference jury instructions), “the court must consider, in addition to the conduct of the spoliating party, whether any missing evidence was relevant and whether the innocent party has suffered prejudice as a result of the loss of evidence.”

Scheindlin employs the following burden shifting test to deal with the burden of proof in cases such as this one, which seek more severe sanctions for egregious conduct: 

  1. When the spoliating party’s conduct is sufficiently egregious to justify a court’s imposition of a presumption of relevance and prejudice, or when the spoliating party’s conduct warrants permitting the jury to make such a presumption, the burden shifts to the spoliating party to rebut that presumption.
  2. If the spoliating party demonstrates to a court’s satisfaction that there could not have been any prejudice to the innocent party, then no jury instruction will be warranted, although a lesser sanction might still be required.

The Final Spin

After a lengthy and thorough review of the facts (indeed, Judge Scheindlin estimates that, collectively, almost 300 hours were spent on the motion and opinion), the court found that plaintiffs “failed to execute a comprehensive search for documents and/or failed to sufficiently supervise or monitor their employees’ document collection.”  Scheindlin concludes with the lesson of this case:

While litigants are not required to execute document productions with absolute precision, at a minimum they must act diligently and search thoroughly at the time they reasonably anticipate litigation.

The failure to issue an effective written litigation hold constitutes gross negligence because that failure is likely to result in the destruction of relevant information.  Furthermore, a litigation hold that places total reliance on clients’ employees to search and select what they believed to be responsive records without any supervision from counsel is not “effective.”

In the end, jurors will receive instructions that they are permitted to presume the lost evidence is relevant and favorable to the defendants.  Additionally, plaintiffs must now deal with monetary sanctions on top of their alleged $550 million losses. 

Scheindlin set the precedent for the consequences of this sort of behavior in Zubulake and subsequent decisions.  Courts are not going to accept excuses for disregarding now-standard principles and practices.  Attention must be paid to avoid the pitfalls documented by Judge Scheindlin.  Heed her warning because with one spin of the Wheel of Sanctions, you might not be able to afford buying a vowel.
 

 

... ]]> http://www.lawline.com/blog/post.php?post_id=586#Comments Behind The Course with George Brunelle http://www.lawline.com/blog/post.php?post_id=585 http://www.lawline.com/blog/post.php?post_id=585#Comments Thu, 04 Mar 2010 19:05:17 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=585 The Legal Beat Takes you Behind The Course to meet faculty member, George Brunelle. Through his course on how to run a law firm ethically and profitably, he remembers the first night that he opened his own firm and why and how he knew he had made the right choice. He also recalls our first meeting and why teaching attorneys through CLE is so important. Go to Lawline.com soon to watch the full course.

... ]]> The Legal Beat Takes you Behind The Course to meet faculty member, George Brunelle. Through his course on how to run a law firm ethically and profitably, he remembers the first night that he opened his own firm and why and how he knew he had made the right choice. He also recalls our first meeting and why teaching attorneys through CLE is so important. Go to Lawline.com soon to watch the full course.

... ]]> http://www.lawline.com/blog/post.php?post_id=585#Comments Wild Wednesday- Saluting The Troops and USERRA http://www.lawline.com/blog/post.php?post_id=584 http://www.lawline.com/blog/post.php?post_id=584#Comments Wed, 03 Mar 2010 16:02:59 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=584 On this wild Wednesday, I am changing things up with a bit more serious of a topic with an exclusive preview of new Lawline CLE Course with Seyfrath Shaw attorneys Devjani Mishra and Brian Murphy. In exploring USERRA, The Uniformed Services Employment and Reemployment Rights Act, Mishra and Murphy discuss knowing your rights and obligations under the law for employees' notice obligations and reinstallment rights, compensation, seniority and benefits protections, and state law and family military leave considerations. Go to Lawline.com soon to watch the full course.

... ]]> On this wild Wednesday, I am changing things up with a bit more serious of a topic with an exclusive preview of new Lawline CLE Course with Seyfrath Shaw attorneys Devjani Mishra and Brian Murphy. In exploring USERRA, The Uniformed Services Employment and Reemployment Rights Act, Mishra and Murphy discuss knowing your rights and obligations under the law for employees' notice obligations and reinstallment rights, compensation, seniority and benefits protections, and state law and family military leave considerations. Go to Lawline.com soon to watch the full course.

... ]]> http://www.lawline.com/blog/post.php?post_id=584#Comments Gov. Paterson Caught in Ethics Scandal http://www.lawline.com/blog/post.php?post_id=583 http://www.lawline.com/blog/post.php?post_id=583#Comments Wed, 03 Mar 2010 14:35:20 -0500 Jeff Reekers http://www.lawline.com/blog/post.php?post_id=583 Two connotations a Yankees World Series game may bring a baseball fan: an experience of a lifetime and a horrendous hit to the pocket book. However, foregoing the latter has caused New York Governor David A. Paterson a whole lot more of the former, but not in a good way.

On Wednesday, the state commission on Public Integrity charged Paterson with violating state ethics laws by accepting free tickets to the World Series opening game last fall between the Yankees and Phillies. This is in direct violation of the state’s ban on gifts to public officials.

The commission also determined that Paterson lied under oath in regards to his intentions of paying for the tickets. Further, Paterson is charged with violating two provisions of the Public Officers Law and three sections of the State Code of Ethics, according to the New York Times.

Amongst the scandal, the governor and his cabinet insist he will stay in office.

Does ethics study interest you? Be sure to check out Lawline.com Ethics courses.
 

... ]]> Two connotations a Yankees World Series game may bring a baseball fan: an experience of a lifetime and a horrendous hit to the pocket book. However, foregoing the latter has caused New York Governor David A. Paterson a whole lot more of the former, but not in a good way.

On Wednesday, the state commission on Public Integrity charged Paterson with violating state ethics laws by accepting free tickets to the World Series opening game last fall between the Yankees and Phillies. This is in direct violation of the state’s ban on gifts to public officials.

The commission also determined that Paterson lied under oath in regards to his intentions of paying for the tickets. Further, Paterson is charged with violating two provisions of the Public Officers Law and three sections of the State Code of Ethics, according to the New York Times.

Amongst the scandal, the governor and his cabinet insist he will stay in office.

Does ethics study interest you? Be sure to check out Lawline.com Ethics courses.
 

... ]]> http://www.lawline.com/blog/post.php?post_id=583#Comments Taxation Tueday- New Tax Laws http://www.lawline.com/blog/post.php?post_id=582 http://www.lawline.com/blog/post.php?post_id=582#Comments Tue, 02 Mar 2010 17:22:55 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=582 With 6 Taxation Tuesdays to go before Tax Day, April 15, here are 7 new laws from Bankrate.com that you ought to know. From deductions for new homes, new cars, education, and even biking, The Legal Beat is keeping you up to speed as Tax Day  approaches.

... ]]> With 6 Taxation Tuesdays to go before Tax Day, April 15, here are 7 new laws from Bankrate.com that you ought to know. From deductions for new homes, new cars, education, and even biking, The Legal Beat is keeping you up to speed as Tax Day  approaches.

... ]]> http://www.lawline.com/blog/post.php?post_id=582#Comments Behind The Course- Marc Agnifilo http://www.lawline.com/blog/post.php?post_id=581 http://www.lawline.com/blog/post.php?post_id=581#Comments Tue, 02 Mar 2010 12:27:05 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=581 In this episode of Behind The Course, Lawline.com introduces one of its faculty members, Criminal Defense attorney, Marc Agnifilo. Agnifilo discusses his passion for bonding with the humanity of every case. He also reflects on how he has changed as an attorney after 25 years of practice and even recalls his first big trial which involved bagels and a Machete! Lawline.com, meet your faculty member, Mark Agnifilo, and for more of Marc's CLE courses go to Lawline.com. 

... ]]> In this episode of Behind The Course, Lawline.com introduces one of its faculty members, Criminal Defense attorney, Marc Agnifilo. Agnifilo discusses his passion for bonding with the humanity of every case. He also reflects on how he has changed as an attorney after 25 years of practice and even recalls his first big trial which involved bagels and a Machete! Lawline.com, meet your faculty member, Mark Agnifilo, and for more of Marc's CLE courses go to Lawline.com. 

... ]]> http://www.lawline.com/blog/post.php?post_id=581#Comments So You Think You Know The Law- Round 2 http://www.lawline.com/blog/post.php?post_id=580 http://www.lawline.com/blog/post.php?post_id=580#Comments Fri, 26 Feb 2010 14:03:18 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=580 In Round 2, of Lawline's Legal Beat quiz, So You Think You Know The Law, it comes down to 1 title, 2 attorneys, and 5 questions. Who's knows the law better? Will it be Milton Norman and Adam Denenberg?

... ]]> In Round 2, of Lawline's Legal Beat quiz, So You Think You Know The Law, it comes down to 1 title, 2 attorneys, and 5 questions. Who's knows the law better? Will it be Milton Norman and Adam Denenberg?

... ]]> http://www.lawline.com/blog/post.php?post_id=580#Comments Fun Faculty Facts- Alan Schnurman http://www.lawline.com/blog/post.php?post_id=579 http://www.lawline.com/blog/post.php?post_id=579#Comments Thu, 25 Feb 2010 09:42:45 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=579 In a final round of questions, Alan Schnurman reveals what maybe his own children did not know. With the help of the famous interviewer Bernard Pivot and his questionnaire, Alan answers the tough questions, like his favorite sound or alternative profession considerations. To see Alan's other interviews and courses go to Lawline.com and The Legal Beat.

... ]]> In a final round of questions, Alan Schnurman reveals what maybe his own children did not know. With the help of the famous interviewer Bernard Pivot and his questionnaire, Alan answers the tough questions, like his favorite sound or alternative profession considerations. To see Alan's other interviews and courses go to Lawline.com and The Legal Beat.

... ]]> http://www.lawline.com/blog/post.php?post_id=579#Comments Lawline.com Chief Operations Officer Frank Bastone Featured in The Zweig HR Letter http://www.lawline.com/blog/post.php?post_id=578 http://www.lawline.com/blog/post.php?post_id=578#Comments Wed, 24 Feb 2010 15:18:00 -0500 Lawline.com http://www.lawline.com/blog/post.php?post_id=578 In recognition for its recent inclusion in Best Companies New York's "40 Best Companies to Work for," Lawline.com's Chief Operations Officer Frank Bastone was featured in the February Edition of the Zweig HR Letter, a publication dedicated to highlighting the most innovative tactics on motivating and capturing the talent of employees. In the article, Bastone is attributed for his motivational innovativeness at Lawline.com and offers insights into the specific programs that led to the company's recent accolade.

Below is the featured article. Also refer here for the original publication from The Zweig HR Letter.

 

Look for Talent Everywhere and You Will Find It

A legal continuing education company puts brainstorming to good use.

When your firm needs fresh ideas— whether in the human resources department or on the front lines of business development—instead of always looking to the upper levels of management or the principals, how about opening the floor to everyone?

While at first blush it may seem like it invites chaos, one company has figured out how to put the old corporate saw of talent scouting and brainstorming into productive company-wide practices that give its employees a greater stake in idea-generation— and thus a greater sense of pride and ownership in the company.

Lawline.com (New York, NY), a 25- person company that provides online continuing education services to lawyers, was recently recognized by the New York State Society for Human Resource Management (NYSHRM) as one of the 40 Best Companies to Work for in New York. It will be honored with the award in April.

‘Real world school’

“We realize our greatest asset at Lawline.com is our employees and there are many specific examples of how we show this,” says Chief Operating Officer Frank Bastone.

Lawline.com makes it a policy to expose its employees to each department at the company.This allows them “to experience a full spectrum of our business development,” Bastone says.“We encourage them to take greater initiative in areas where they excel, and in return we help them further nurture that talent with increasingly greater responsibilities. “In essence,” he says,“we become a ‘real-world school’ that emphasizes and fosters the process of learning within the company.”

Bastone says Lawline.com’s focus on increasing its employees’ knowledge of the company from this perspective has made it a top place to work.

“We find that our employees develop a real vested interest in our company,” he says. “The passion they portray for their work and the passion they develop in growing our company have a synergistic effect on their motivation.This passion becomes contagious, and the positive environment that results is why we feel we were voted for this award.”

Cast a wide net for ideas

Lawline.com also makes it a point to mine that knowledge. Its HR department provides two ways that all employees can contribute ideas toward the growth of the company.

The first is called Innovation Days, Bastone says.

“During this meeting, we gather our entire staff and brainstorm ideas for new products, programs and innovations, utilizing a white board,” he says.“There are no limits, boundaries, or scope to the brainstorming session.”

Nor are there limits on who attends.

“Everyone, from our CEO to our newest intern, is given the opportunity to share and develop these ideas,” Bastone says. “At the end, we review and decide on the ideas that can improve the company and can be put into actionable steps.”

Exercise employees’ options

While internal idea generation has had great results, the company’s top brass is always on the lookout for new talent to add to the mix as well. It has found it in unexpected places.When Lawline.com’s president was exploring joining a gym for employees near the office, he was impressed with the corporate sales manager.

Lawline.com’s president hired the gym’s sales manager as a consultant to train employees in the company’s daily 8 a.m. meetings, which were eventually expanded into a program for the entire company.

“Our daily 8 a.m. meeting program began for our customer service department, but received such positive feedback that employees from separate departments began attending as well,” Bastone says.

“These meetings serve a multitude of purposes— from brainstorming and idea generation to motivational words and goal formations,” he says.“The results of this have been tremendous. Employee productivity has increased dramatically and the energy afterward has instigated great camaraderie and enthusiasm.”

And the consultant who started the whole idea? Three months later, the company hired him as full-time vice president of sales.

... ]]> In recognition for its recent inclusion in Best Companies New York's "40 Best Companies to Work for," Lawline.com's Chief Operations Officer Frank Bastone was featured in the February Edition of the Zweig HR Letter, a publication dedicated to highlighting the most innovative tactics on motivating and capturing the talent of employees. In the article, Bastone is attributed for his motivational innovativeness at Lawline.com and offers insights into the specific programs that led to the company's recent accolade.

Below is the featured article. Also refer here for the original publication from The Zweig HR Letter.

 

Look for Talent Everywhere and You Will Find It

A legal continuing education company puts brainstorming to good use.

When your firm needs fresh ideas— whether in the human resources department or on the front lines of business development—instead of always looking to the upper levels of management or the principals, how about opening the floor to everyone?

While at first blush it may seem like it invites chaos, one company has figured out how to put the old corporate saw of talent scouting and brainstorming into productive company-wide practices that give its employees a greater stake in idea-generation— and thus a greater sense of pride and ownership in the company.

Lawline.com (New York, NY), a 25- person company that provides online continuing education services to lawyers, was recently recognized by the New York State Society for Human Resource Management (NYSHRM) as one of the 40 Best Companies to Work for in New York. It will be honored with the award in April.

‘Real world school’

“We realize our greatest asset at Lawline.com is our employees and there are many specific examples of how we show this,” says Chief Operating Officer Frank Bastone.

Lawline.com makes it a policy to expose its employees to each department at the company.This allows them “to experience a full spectrum of our business development,” Bastone says.“We encourage them to take greater initiative in areas where they excel, and in return we help them further nurture that talent with increasingly greater responsibilities. “In essence,” he says,“we become a ‘real-world school’ that emphasizes and fosters the process of learning within the company.”

Bastone says Lawline.com’s focus on increasing its employees’ knowledge of the company from this perspective has made it a top place to work.

“We find that our employees develop a real vested interest in our company,” he says. “The passion they portray for their work and the passion they develop in growing our company have a synergistic effect on their motivation.This passion becomes contagious, and the positive environment that results is why we feel we were voted for this award.”

Cast a wide net for ideas

Lawline.com also makes it a point to mine that knowledge. Its HR department provides two ways that all employees can contribute ideas toward the growth of the company.

The first is called Innovation Days, Bastone says.

“During this meeting, we gather our entire staff and brainstorm ideas for new products, programs and innovations, utilizing a white board,” he says.“There are no limits, boundaries, or scope to the brainstorming session.”

Nor are there limits on who attends.

“Everyone, from our CEO to our newest intern, is given the opportunity to share and develop these ideas,” Bastone says. “At the end, we review and decide on the ideas that can improve the company and can be put into actionable steps.”

Exercise employees’ options

While internal idea generation has had great results, the company’s top brass is always on the lookout for new talent to add to the mix as well. It has found it in unexpected places.When Lawline.com’s president was exploring joining a gym for employees near the office, he was impressed with the corporate sales manager.

Lawline.com’s president hired the gym’s sales manager as a consultant to train employees in the company’s daily 8 a.m. meetings, which were eventually expanded into a program for the entire company.

“Our daily 8 a.m. meeting program began for our customer service department, but received such positive feedback that employees from separate departments began attending as well,” Bastone says.

“These meetings serve a multitude of purposes— from brainstorming and idea generation to motivational words and goal formations,” he says.“The results of this have been tremendous. Employee productivity has increased dramatically and the energy afterward has instigated great camaraderie and enthusiasm.”

And the consultant who started the whole idea? Three months later, the company hired him as full-time vice president of sales.

... ]]> http://www.lawline.com/blog/post.php?post_id=578#Comments Lawline Faculty Member Arlene G. Dubin in The New York Post http://www.lawline.com/blog/post.php?post_id=577 http://www.lawline.com/blog/post.php?post_id=577#Comments Wed, 24 Feb 2010 13:28:20 -0500 Lawline.com http://www.lawline.com/blog/post.php?post_id=577 Arlene G. Dubin, a featured faculty member of Lawline.com, was quoted in The New York Post  February 20 article "The New Sweetheart Deals." We at TheLegalBeat and Lawline.com would like to congratulate Arlene on her inclusion and all her success.

Arlene has filmed the CLE programs "Estate Planning for Unmarried Couples and Cohabitation Agreements" and "What's Up with Prenups, Postnups & Cohabs?" at Lawline.com.

The following is a news release from Moses & Singer regarding her quote in the NY Post.

Arlene G. Dubin, co-chair of Moses & Singer's Matrimonial and Family Law practice was quoted in the February 23, 2010 edition of the New York Post. In the article, "The New Sweetheart Deals", Arlene discusses the explosive trend in cohabitation agreements particularly in New York where an increasing number of couples are signing "dating prenups". Please click here to view the article. The article was also referenced by NY1 during its "In the Papers" segment. Click here and drag the play button to minute 1:15 to see the segment.

Arlene literally "wrote the book" on marital agreements; see Prenups for Lovers: A Romantic Guide to Prenuptial Agreements, www.prenupsforlovers.com. She is nationally recognized for prenuptial, postnuptial, cohabitation, paternity/parenting and divorce/settlement agreements. Arlene has appeared on many national TV and radio shows and has been quoted and referenced in numerous national publications. She also lectures extensively on the topic of marital agreements.

If you need counsel in the area of matrimonial law, please contact Arlene at 212.554.7651 or at adubin@mosessinger.com.

Since 1919, Moses & Singer LLP has provided legal services to diverse businesses and to prominent individuals and their families. Among the firm's broad array of U.S. and international clients are leaders in banking and finance, entertainment, media, real estate, healthcare, advertising, and the hotel and hospitality industries.
... ]]> Arlene G. Dubin, a featured faculty member of Lawline.com, was quoted in The New York Post  February 20 article "The New Sweetheart Deals." We at TheLegalBeat and Lawline.com would like to congratulate Arlene on her inclusion and all her success.

Arlene has filmed the CLE programs "Estate Planning for Unmarried Couples and Cohabitation Agreements" and "What's Up with Prenups, Postnups & Cohabs?" at Lawline.com.

The following is a news release from Moses & Singer regarding her quote in the NY Post.

Arlene G. Dubin, co-chair of Moses & Singer's Matrimonial and Family Law practice was quoted in the February 23, 2010 edition of the New York Post. In the article, "The New Sweetheart Deals", Arlene discusses the explosive trend in cohabitation agreements particularly in New York where an increasing number of couples are signing "dating prenups". Please click here to view the article. The article was also referenced by NY1 during its "In the Papers" segment. Click here and drag the play button to minute 1:15 to see the segment.

Arlene literally "wrote the book" on marital agreements; see Prenups for Lovers: A Romantic Guide to Prenuptial Agreements, www.prenupsforlovers.com. She is nationally recognized for prenuptial, postnuptial, cohabitation, paternity/parenting and divorce/settlement agreements. Arlene has appeared on many national TV and radio shows and has been quoted and referenced in numerous national publications. She also lectures extensively on the topic of marital agreements.

If you need counsel in the area of matrimonial law, please contact Arlene at 212.554.7651 or at adubin@mosessinger.com.

Since 1919, Moses & Singer LLP has provided legal services to diverse businesses and to prominent individuals and their families. Among the firm's broad array of U.S. and international clients are leaders in banking and finance, entertainment, media, real estate, healthcare, advertising, and the hotel and hospitality industries.
... ]]> http://www.lawline.com/blog/post.php?post_id=577#Comments Tufts Turns to YouTube http://www.lawline.com/blog/post.php?post_id=576 http://www.lawline.com/blog/post.php?post_id=576#Comments Wed, 24 Feb 2010 10:51:25 -0500 Jeff Reekers http://www.lawline.com/blog/post.php?post_id=576 Students applying for college have one chance to present themselves beyond their GPA, SAT scores, and extracurricular agendas. Traditionally, this platform has been the essay, in which most colleges strive to analyze the student’s writing capability, creativity, personality, and motivations. However, technology presents opportunities, and Tufts University is experimenting with admissions materials to gain greater insight into the indivduality of each applicant.

Tufts University is accepting short YouTube videos for potential students to attach along with their applications. The university has always been known for its unique applications, and it has always pushed for creativity within the  process. This upcoming year for example, according to the New York Times, Tufts essays pose such questions as "Are we alone?", along with the option to "create something" out of a single piece of paper.

The videos do not yet carry the same weight in the application as other criteria yet, and for now are an optional addition. However, representatives of the school state that, unless inappropriate, vidoes generally cannot hinder the student's chances of admission. At the same time, video content allows for a platform that may be a more familiar form of self expression for many students.

Applicants should be wary not to associate innovate with lax, however, as Tufts remains one of the country's most prestigious universities. According to the 2010 US News & World Report college rankings, Tufts ranks as one of the top 20 most selective universities in the United States. Tufts was also recognized in the report as a top 30 undergraduate university in the United States, making it difficult for any traditionalist to argue with their methodology.

For a full report, please visit The New York Times.
 

... ]]> Students applying for college have one chance to present themselves beyond their GPA, SAT scores, and extracurricular agendas. Traditionally, this platform has been the essay, in which most colleges strive to analyze the student’s writing capability, creativity, personality, and motivations. However, technology presents opportunities, and Tufts University is experimenting with admissions materials to gain greater insight into the indivduality of each applicant.

Tufts University is accepting short YouTube videos for potential students to attach along with their applications. The university has always been known for its unique applications, and it has always pushed for creativity within the  process. This upcoming year for example, according to the New York Times, Tufts essays pose such questions as "Are we alone?", along with the option to "create something" out of a single piece of paper.

The videos do not yet carry the same weight in the application as other criteria yet, and for now are an optional addition. However, representatives of the school state that, unless inappropriate, vidoes generally cannot hinder the student's chances of admission. At the same time, video content allows for a platform that may be a more familiar form of self expression for many students.

Applicants should be wary not to associate innovate with lax, however, as Tufts remains one of the country's most prestigious universities. According to the 2010 US News & World Report college rankings, Tufts ranks as one of the top 20 most selective universities in the United States. Tufts was also recognized in the report as a top 30 undergraduate university in the United States, making it difficult for any traditionalist to argue with their methodology.

For a full report, please visit The New York Times.
 

... ]]> http://www.lawline.com/blog/post.php?post_id=576#Comments VAT Tax http://www.lawline.com/blog/post.php?post_id=575 http://www.lawline.com/blog/post.php?post_id=575#Comments Tue, 23 Feb 2010 18:51:33 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=575 How do you fix an economic deficit? Usually income tax receipts do the trick, but as the financial deficits in the U.S. are so vast, these taxes may fall short. A new tax, the VAT tax, has been proposed, which will be tacked onto products so that their manufactures directly pay the government, but will the tax add up? For more CLE courses focusing on tax law, go to Lawline.com.

... ]]> How do you fix an economic deficit? Usually income tax receipts do the trick, but as the financial deficits in the U.S. are so vast, these taxes may fall short. A new tax, the VAT tax, has been proposed, which will be tacked onto products so that their manufactures directly pay the government, but will the tax add up? For more CLE courses focusing on tax law, go to Lawline.com.

... ]]> http://www.lawline.com/blog/post.php?post_id=575#Comments Philly School District Accused of Laptop Surveillance http://www.lawline.com/blog/post.php?post_id=574 http://www.lawline.com/blog/post.php?post_id=574#Comments Mon, 22 Feb 2010 09:01:39 -0500 Jeff Reekers http://www.lawline.com/blog/post.php?post_id=574 Think about student privacy and what comes to mind? Locker raids? Backpack searches? Parking lot investigations?

How about webcam surveillance?

A Philadelphia school district recently denied allegations after being accused of secretly using the school’s laptop computers to monitor student activities and behaviors at home via webcam. Philadelphia's Lower Merion School District stated their only use of activating the webcams was to find missing property. The district issues Macs to each of its 2,300 students.

Blake Robbins, a student of Lower Merion’s Harriton High School, along with his parents Michael and Holly, filed the lawsuit this past Tuesday. The student claims the school’s vice principal made accusations of him selling drugs off-campus based upon a photo taken on the school's laptop webcam.  Their attorney further supports his defense by acknowledging there was no notification that the school’s laptops had such software installed or could be potential utilized.

The defense claims that the vice principle has been unjustly portrayed, and that the computer tracking feature and webcam’s only usage has been in the recovery of lost property.

The FBI is currently investigating the violation of wiretapping and computer-intrusion laws, according to the AP Press.

 

... ]]> Think about student privacy and what comes to mind? Locker raids? Backpack searches? Parking lot investigations?

How about webcam surveillance?

A Philadelphia school district recently denied allegations after being accused of secretly using the school’s laptop computers to monitor student activities and behaviors at home via webcam. Philadelphia's Lower Merion School District stated their only use of activating the webcams was to find missing property. The district issues Macs to each of its 2,300 students.

Blake Robbins, a student of Lower Merion’s Harriton High School, along with his parents Michael and Holly, filed the lawsuit this past Tuesday. The student claims the school’s vice principal made accusations of him selling drugs off-campus based upon a photo taken on the school's laptop webcam.  Their attorney further supports his defense by acknowledging there was no notification that the school’s laptops had such software installed or could be potential utilized.

The defense claims that the vice principle has been unjustly portrayed, and that the computer tracking feature and webcam’s only usage has been in the recovery of lost property.

The FBI is currently investigating the violation of wiretapping and computer-intrusion laws, according to the AP Press.

 

... ]]> http://www.lawline.com/blog/post.php?post_id=574#Comments Friday 5- So You Think You Know The Law http://www.lawline.com/blog/post.php?post_id=573 http://www.lawline.com/blog/post.php?post_id=573#Comments Fri, 19 Feb 2010 17:29:16 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=573 In this episode of the Friday 5, The Legal Beat is putting you to the test! In So You Think You Know The Law, Attorneys Adam Denenberg and Milton Norman test their legal trivia knowledge of famous attorneys. Who will come out on top and who will not pass? Tune in next week to find out!

... ]]> In this episode of the Friday 5, The Legal Beat is putting you to the test! In So You Think You Know The Law, Attorneys Adam Denenberg and Milton Norman test their legal trivia knowledge of famous attorneys. Who will come out on top and who will not pass? Tune in next week to find out!

... ]]> http://www.lawline.com/blog/post.php?post_id=573#Comments Fun Faculty Facts Thursday- Meet Jany Sabins http://www.lawline.com/blog/post.php?post_id=572 http://www.lawline.com/blog/post.php?post_id=572#Comments Thu, 18 Feb 2010 16:34:16 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=572 Tax attorney, Jany Sabins, didn't plan on practicing tax law, but now it is the focus of her practicing. She also has invaluable advice for females breaking into the legal field.Go to Lawline.com to view Jany's course on estate tax planning,Tax Planning in Wills: Time is of the Essence.

... ]]> Tax attorney, Jany Sabins, didn't plan on practicing tax law, but now it is the focus of her practicing. She also has invaluable advice for females breaking into the legal field.Go to Lawline.com to view Jany's course on estate tax planning,Tax Planning in Wills: Time is of the Essence.

... ]]> http://www.lawline.com/blog/post.php?post_id=572#Comments Wild Card Wednesday Lawline's Live at LegalTech with Clio http://www.lawline.com/blog/post.php?post_id=571 http://www.lawline.com/blog/post.php?post_id=571#Comments Wed, 17 Feb 2010 18:34:00 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=571 In the last edition of Lawline's LegalTech series, I sit down with Jack Newton, co-founder and President of Themis Solutions' Clio SaaS. Newton discusses building legal technology for the mobile world and the process of launching a new product and business very quickly through customer relationships and feedback. Launching at LegalTech, Clio premiers mobile platforms including support for iPhone, Android and Palm Pre.Check out other LegalTech Interview with Index Engines and Legal Relay on The Legal Beat.

... ]]> In the last edition of Lawline's LegalTech series, I sit down with Jack Newton, co-founder and President of Themis Solutions' Clio SaaS. Newton discusses building legal technology for the mobile world and the process of launching a new product and business very quickly through customer relationships and feedback. Launching at LegalTech, Clio premiers mobile platforms including support for iPhone, Android and Palm Pre.Check out other LegalTech Interview with Index Engines and Legal Relay on The Legal Beat.

... ]]> http://www.lawline.com/blog/post.php?post_id=571#Comments Taxation Tuesday February 16, 2010- A Good Time To Do What? http://www.lawline.com/blog/post.php?post_id=570 http://www.lawline.com/blog/post.php?post_id=570#Comments Tue, 16 Feb 2010 19:42:01 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=570 As reported by The Wall Street Journal and MarketWatch.com, now is a good time to die, well that is if you are a multi-millionaire and want to avoid your loved ones paying taxes on your estate.

That's right, currently the US is tax free for at least estate taxes. This tax cut could amount to tens, even hundreds, of millions of dollars for America's wealthiest families. For some, it will be worth billions.
And although Congress may reinstate the tax, the longer it waits, the harder it will be to do.

But is this even constitutional and how are estate tax attorneys planning for the future in this time of the unknown? For answers such as these, just head right on over to Lawline.com for exclusive CLE programming such as that of tax attorney and Lawline Faculty member Jany Sabins.

... ]]> As reported by The Wall Street Journal and MarketWatch.com, now is a good time to die, well that is if you are a multi-millionaire and want to avoid your loved ones paying taxes on your estate.

That's right, currently the US is tax free for at least estate taxes. This tax cut could amount to tens, even hundreds, of millions of dollars for America's wealthiest families. For some, it will be worth billions.
And although Congress may reinstate the tax, the longer it waits, the harder it will be to do.

But is this even constitutional and how are estate tax attorneys planning for the future in this time of the unknown? For answers such as these, just head right on over to Lawline.com for exclusive CLE programming such as that of tax attorney and Lawline Faculty member Jany Sabins.

... ]]> http://www.lawline.com/blog/post.php?post_id=570#Comments Fernando Pinguelo and Seton Hall Chat with The Legal Beat http://www.lawline.com/blog/post.php?post_id=569 http://www.lawline.com/blog/post.php?post_id=569#Comments Tue, 16 Feb 2010 18:59:04 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=569 Lawline.com faculty member Fernando Pinguelo and his 15 law review students of his eDiscovery Course at the prestigious Seton Hall Law students will channel their insights on today's hottest eDiscovery issues right here through The Legal Beat.

Fernando has also published an extensive reviews on the topic of eDiscovery, and will soon be presenting The Tiger Woods Effect: The Uncertain and Turbulent Future of Endorsement Deals, Morals Clauses, and Reverse-Morals Clauses, at The Cardozo Arts & Entertainment Law Journal Annual Spring Symposium, March 4, 2010. Fernando's blog e-Lessons Learned ia an ABA Top 100 blog.

Check in with the Legal Beat to get all the latest briefs of Fernando and his students legal insights.

... ]]> Lawline.com faculty member Fernando Pinguelo and his 15 law review students of his eDiscovery Course at the prestigious Seton Hall Law students will channel their insights on today's hottest eDiscovery issues right here through The Legal Beat.

Fernando has also published an extensive reviews on the topic of eDiscovery, and will soon be presenting The Tiger Woods Effect: The Uncertain and Turbulent Future of Endorsement Deals, Morals Clauses, and Reverse-Morals Clauses, at The Cardozo Arts & Entertainment Law Journal Annual Spring Symposium, March 4, 2010. Fernando's blog e-Lessons Learned ia an ABA Top 100 blog.

Check in with the Legal Beat to get all the latest briefs of Fernando and his students legal insights.

... ]]> http://www.lawline.com/blog/post.php?post_id=569#Comments SCG Legal PR Network Celebrates One Year Anniversary with 90% of Lawyer's Getting Press Attentions http://www.lawline.com/blog/post.php?post_id=568 http://www.lawline.com/blog/post.php?post_id=568#Comments Tue, 16 Feb 2010 10:14:58 -0500 http://www.lawline.com/blog/post.php?post_id=568 Congratulations on the following press release to our good friends at SCG Legal PR Network. They have a tremendous service and deserve all the recognition and good fortune that they will undoubtedly continue to find.

The company is celebrating its one-year anniversary with the achievement of 90 percent of its current members being interviewed by the press to date.

Check out the full release.

NEW YORK—SCG Legal PR Network, a service that connects lawyers as sources with reporters seeking legal experts, today marked its one-year anniversary with the achievement of 90 percent of its current members being interviewed by the press to date.

“Law firms are quickly learning that public relations and visibility are essential ingredients for business growth. However, given the current economic climate, law firms, like most businesses, are grappling with how best to get ROI on their marketing dollars. SCG Legal PR Network does this. When I think about all that SCG Legal PR Network has managed to provide, it’s hard to believe it has only happened in one year,” said SCG Legal PR Network Founder Paramjit L. Mahli. “Joining the right lawyers with the right members of the press was not always so streamlined. SCG Legal PR Network’s database of legal experts continues to grow throughout the country.”

Within its first year, SCG Legal PR Network has received over 160 international television and print press requests from media such as Associated Press, Bloomberg, Reuters, Guardian UK, CNN and many more. Thirty percent of SCG Legal PR Network’s lawyer members who have been contacted by the press have been interviewed twice or more within the first year.

“SCG Legal PR Network certainly levels the playing field for small firms that are just getting their feet wet in the world of PR,” said SCG Legal PR Network lawyer member Ginger D. Schröder of Schröder, Joseph & Associates, LLP. “In today’s fast- paced, 24/7 technological world, it doesn’t matter whether your law firm is in Albany, N.Y., or Lexington, Kan. Google has become the first point of reference, and this is precisely where building your leadership as an expert is critical. Services provided by businesses such as SCG Legal PR Network are invaluable. Very affordable for firms starting PR.”

Other accomplishments include SCG Legal PR Network’s law firm member roster expanding from domestic firms to global firms such as Chadbourne & Parke LLP and international legal groups such as the International Lawyers Network. The network also won the Gold MarCom Award for creativity and innovation last October.


About SCG Legal PR Network


SCG Legal PR Network is a global network that connects lawyers as expert sources with reporters and features a 24/7-accessible database of legal experts from a variety of areas. Its team is comprised of former award-winning journalists whose experience spans over three continents and 30-plus years in the field of journalism and public relations. The network was started by a former journalist, Paramjit Mahli, who has worked within news outlets like the Canadian Broadcasting Corporation (CBC), Financial Post, CNN, CNNfn and The Journal of Commerce. For more information about the SCG Legal PR Network,
 

... ]]> Congratulations on the following press release to our good friends at SCG Legal PR Network. They have a tremendous service and deserve all the recognition and good fortune that they will undoubtedly continue to find.

The company is celebrating its one-year anniversary with the achievement of 90 percent of its current members being interviewed by the press to date.

Check out the full release.

NEW YORK—SCG Legal PR Network, a service that connects lawyers as sources with reporters seeking legal experts, today marked its one-year anniversary with the achievement of 90 percent of its current members being interviewed by the press to date.

“Law firms are quickly learning that public relations and visibility are essential ingredients for business growth. However, given the current economic climate, law firms, like most businesses, are grappling with how best to get ROI on their marketing dollars. SCG Legal PR Network does this. When I think about all that SCG Legal PR Network has managed to provide, it’s hard to believe it has only happened in one year,” said SCG Legal PR Network Founder Paramjit L. Mahli. “Joining the right lawyers with the right members of the press was not always so streamlined. SCG Legal PR Network’s database of legal experts continues to grow throughout the country.”

Within its first year, SCG Legal PR Network has received over 160 international television and print press requests from media such as Associated Press, Bloomberg, Reuters, Guardian UK, CNN and many more. Thirty percent of SCG Legal PR Network’s lawyer members who have been contacted by the press have been interviewed twice or more within the first year.

“SCG Legal PR Network certainly levels the playing field for small firms that are just getting their feet wet in the world of PR,” said SCG Legal PR Network lawyer member Ginger D. Schröder of Schröder, Joseph & Associates, LLP. “In today’s fast- paced, 24/7 technological world, it doesn’t matter whether your law firm is in Albany, N.Y., or Lexington, Kan. Google has become the first point of reference, and this is precisely where building your leadership as an expert is critical. Services provided by businesses such as SCG Legal PR Network are invaluable. Very affordable for firms starting PR.”

Other accomplishments include SCG Legal PR Network’s law firm member roster expanding from domestic firms to global firms such as Chadbourne & Parke LLP and international legal groups such as the International Lawyers Network. The network also won the Gold MarCom Award for creativity and innovation last October.


About SCG Legal PR Network


SCG Legal PR Network is a global network that connects lawyers as expert sources with reporters and features a 24/7-accessible database of legal experts from a variety of areas. Its team is comprised of former award-winning journalists whose experience spans over three continents and 30-plus years in the field of journalism and public relations. The network was started by a former journalist, Paramjit Mahli, who has worked within news outlets like the Canadian Broadcasting Corporation (CBC), Financial Post, CNN, CNNfn and The Journal of Commerce. For more information about the SCG Legal PR Network,
 

... ]]> http://www.lawline.com/blog/post.php?post_id=568#Comments A Very Valentine's Day Friday 5 http://www.lawline.com/blog/post.php?post_id=567 http://www.lawline.com/blog/post.php?post_id=567#Comments Fri, 12 Feb 2010 15:33:54 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=567 Happy Friday and Happy Valentine's Day! Lawline.com celebrates Valentines Day by remembering our loved ones, which are our faculty members of course!

... ]]> Happy Friday and Happy Valentine's Day! Lawline.com celebrates Valentines Day by remembering our loved ones, which are our faculty members of course!

... ]]> http://www.lawline.com/blog/post.php?post_id=567#Comments Friday Bonus- On the Line with Alan Schnurman Part 3 http://www.lawline.com/blog/post.php?post_id=566 http://www.lawline.com/blog/post.php?post_id=566#Comments Fri, 12 Feb 2010 13:25:23 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=566 In the third and final installment of On the Line with Alan Schnurman, Alan discusses the stakes of New York real estate and making patience the key to any success. Go to The Legal Beat to view Part 1 and Part 2 of Alan's On The Line interview, and go to Lawline.com for exclusive Alan Schnurman CLE programming.

... ]]> In the third and final installment of On the Line with Alan Schnurman, Alan discusses the stakes of New York real estate and making patience the key to any success. Go to The Legal Beat to view Part 1 and Part 2 of Alan's On The Line interview, and go to Lawline.com for exclusive Alan Schnurman CLE programming.

... ]]> http://www.lawline.com/blog/post.php?post_id=566#Comments Learn a Lesson from Smuckers: Preserve Those BlackBerr(ies) http://www.lawline.com/blog/post.php?post_id=565 http://www.lawline.com/blog/post.php?post_id=565#Comments Fri, 12 Feb 2010 08:46:53 -0500 Laura J. Tyson http://www.lawline.com/blog/post.php?post_id=565 Suddenly find yourself at the wrong end of a trade secrets litigation?  Heed this advice: When the court says “preserve,” that means documents, files, data, and BlackBerry® smartphones.  Thus, be sure to instruct your clients not to wipe the memory from their BlackBerrys or other handheld devices before turning them in; or else, your client may be subject to sanctions.

The defendants in a trade secrets theft case learned this lesson the hard way when the District Court in Florida slapped them with sanctions after they turned in freshly “wiped” BlackBerrys.  The court interpreted the freshly sanitized BlackBerrys as evidence of bad faith that justified sanctions.  But you might be thinking: “A BlackBerry wiped clean?  Who cares!  All the e-mails the other side could possibly want are readily available on the server.”  This type of thinking could get you in trouble.  Let’s see why.

After plaintiff Southeastern Mechanical Services, Inc. (“SMS”) prosecuted employees of a construction services company (“Defendants”) with theft of trade secrets, they obtained a court order requiring Defendants to preserve “all computer files, data, documents, or similar information on their computers” until otherwise notified.  The court also prohibited Defendants from “destroying any and all information and documents potentially relevant to” SMS’s claims.  Defendants’ in-house counsel properly requested employees to turn in their laptops and BlackBerrys, but seemingly failed to warn them to refrain from wiping the BlackBerrys’ internal memory.

The BlackBerrys ultimately made their way into the hands of SMS’s computer forensics expert who quickly determined that (a) they had been wiped clean, and (b) the “wiped-clean” condition was no accident.  Even the Defendants’ own forensic expert conceded at a deposition that only “intentional actions” would result in a full BlackBerry data wipe.  That was all the court needed to hear.

The court considered SMS’s requests to sanction Defendants by granting either (a) default judgment, (b) a ruling as to the improper use of trade secrets, or (c) an adverse inference jury instruction.  In Florida, a court may impose sanctions based on evidence spoliation when the opposing party, in bad faith, destroys evidence it had a duty to preserve and that had once existed.  The destroyed evidence must also be “crucial” to the other party’s case or defense.  Thus, for the court to justify issuing the sanctions requested against Defendants, it would need to conclude that the deleted BlackBerry data was crucial to SMS’s case.

With minimal deliberation, the court first concluded that “evidence existed at one time” on the BlackBerrys and that Defendants had a duty to preserve that evidence.  But was that evidence crucial to SMS’s case?  And had Defendants deliberately wiped the BlackBerrys in bad faith? 

The “crucial” requirement was easy.  The court concluded that a “substantial and complete” destruction of data justified a finding that the destroyed evidence would have helped SMS’s case and its loss was prejudicial. 

The court next noted that the BlackBerrys could have only achieved a “wiped” state following deliberate and intentional actions; and that it was “suspicious” that, following months of use, the BlackBerrys contained no “e-mails, text messages, calendar entries, or records of telephone calls.”  It all reeked of bad faith.  The court discounted the Defendants’ suggestion that SMS’s forensic expert could have accidentally deleted the files from the BlackBerrys.

Defendants argued that it didn’t matter that they had wiped the BlackBerrys before returning them because any e-mails that had been deleted were mirrored on their server, and they had already given SMS copies of those e-mails. 

The court, however, was not impressed.  It pointed out that Defendants had used their BlackBerrys for both work and personal e-mail accounts; and the personal e-mail accounts were not mirrored on the employer’s server.  For one Defendant, the court calculated that approximately three weeks’ worth of potentially relevant data had been deleted.  Based on all facts at hand, the court granted SMS an adverse inference jury instruction based on the Defendants’ failure to preserve their BlackBerrys.  

While this case dealt specifically with BlackBerrys, the lesson learned should be applied to any smartphone or other handheld device that can store data, including iPods, digital cameras, and GPS devices.  To avoid spoliation sanctions, make it clear to all employees that they should not perform any data wipes, system resets, scrubs, scours, or other similar actions once the duty to preserve exists.  Bottom line: don’t go near the “Wipe Handheld” choice in the “Security Options” menu. 

 

 

eLesson Learned: 
When the court orders your client to preserve data, don’t let employees wipe their BlackBerrys® before turning them in.  A wiped BlackBerry smartphone could translate into “bad faith” and might just induce a court to impose spoliation sanctions.

Author:
By day, Laura J. Tyson handles e-discovery issues for a boutique litigation firm in Roseland, NJ, while at night she completes her J.D. at Seton Hall Law School in Newark, NJ.

Case Citation:
Southeastern Mech. Servs. v. Brody, No. 8:08-CV-1151, 2009 U.S. Dist. LEXIS 85430 (M.D. Fla. Aug. 31, 2009)

... ]]> Suddenly find yourself at the wrong end of a trade secrets litigation?  Heed this advice: When the court says “preserve,” that means documents, files, data, and BlackBerry® smartphones.  Thus, be sure to instruct your clients not to wipe the memory from their BlackBerrys or other handheld devices before turning them in; or else, your client may be subject to sanctions.

The defendants in a trade secrets theft case learned this lesson the hard way when the District Court in Florida slapped them with sanctions after they turned in freshly “wiped” BlackBerrys.  The court interpreted the freshly sanitized BlackBerrys as evidence of bad faith that justified sanctions.  But you might be thinking: “A BlackBerry wiped clean?  Who cares!  All the e-mails the other side could possibly want are readily available on the server.”  This type of thinking could get you in trouble.  Let’s see why.

After plaintiff Southeastern Mechanical Services, Inc. (“SMS”) prosecuted employees of a construction services company (“Defendants”) with theft of trade secrets, they obtained a court order requiring Defendants to preserve “all computer files, data, documents, or similar information on their computers” until otherwise notified.  The court also prohibited Defendants from “destroying any and all information and documents potentially relevant to” SMS’s claims.  Defendants’ in-house counsel properly requested employees to turn in their laptops and BlackBerrys, but seemingly failed to warn them to refrain from wiping the BlackBerrys’ internal memory.

The BlackBerrys ultimately made their way into the hands of SMS’s computer forensics expert who quickly determined that (a) they had been wiped clean, and (b) the “wiped-clean” condition was no accident.  Even the Defendants’ own forensic expert conceded at a deposition that only “intentional actions” would result in a full BlackBerry data wipe.  That was all the court needed to hear.

The court considered SMS’s requests to sanction Defendants by granting either (a) default judgment, (b) a ruling as to the improper use of trade secrets, or (c) an adverse inference jury instruction.  In Florida, a court may impose sanctions based on evidence spoliation when the opposing party, in bad faith, destroys evidence it had a duty to preserve and that had once existed.  The destroyed evidence must also be “crucial” to the other party’s case or defense.  Thus, for the court to justify issuing the sanctions requested against Defendants, it would need to conclude that the deleted BlackBerry data was crucial to SMS’s case.

With minimal deliberation, the court first concluded that “evidence existed at one time” on the BlackBerrys and that Defendants had a duty to preserve that evidence.  But was that evidence crucial to SMS’s case?  And had Defendants deliberately wiped the BlackBerrys in bad faith? 

The “crucial” requirement was easy.  The court concluded that a “substantial and complete” destruction of data justified a finding that the destroyed evidence would have helped SMS’s case and its loss was prejudicial. 

The court next noted that the BlackBerrys could have only achieved a “wiped” state following deliberate and intentional actions; and that it was “suspicious” that, following months of use, the BlackBerrys contained no “e-mails, text messages, calendar entries, or records of telephone calls.”  It all reeked of bad faith.  The court discounted the Defendants’ suggestion that SMS’s forensic expert could have accidentally deleted the files from the BlackBerrys.

Defendants argued that it didn’t matter that they had wiped the BlackBerrys before returning them because any e-mails that had been deleted were mirrored on their server, and they had already given SMS copies of those e-mails. 

The court, however, was not impressed.  It pointed out that Defendants had used their BlackBerrys for both work and personal e-mail accounts; and the personal e-mail accounts were not mirrored on the employer’s server.  For one Defendant, the court calculated that approximately three weeks’ worth of potentially relevant data had been deleted.  Based on all facts at hand, the court granted SMS an adverse inference jury instruction based on the Defendants’ failure to preserve their BlackBerrys.  

While this case dealt specifically with BlackBerrys, the lesson learned should be applied to any smartphone or other handheld device that can store data, including iPods, digital cameras, and GPS devices.  To avoid spoliation sanctions, make it clear to all employees that they should not perform any data wipes, system resets, scrubs, scours, or other similar actions once the duty to preserve exists.  Bottom line: don’t go near the “Wipe Handheld” choice in the “Security Options” menu. 

 

 

eLesson Learned: 
When the court orders your client to preserve data, don’t let employees wipe their BlackBerrys® before turning them in.  A wiped BlackBerry smartphone could translate into “bad faith” and might just induce a court to impose spoliation sanctions.

Author:
By day, Laura J. Tyson handles e-discovery issues for a boutique litigation firm in Roseland, NJ, while at night she completes her J.D. at Seton Hall Law School in Newark, NJ.

Case Citation:
Southeastern Mech. Servs. v. Brody, No. 8:08-CV-1151, 2009 U.S. Dist. LEXIS 85430 (M.D. Fla. Aug. 31, 2009)

... ]]> http://www.lawline.com/blog/post.php?post_id=565#Comments Fun Faculty Facts- Stuart Teicher http://www.lawline.com/blog/post.php?post_id=564 http://www.lawline.com/blog/post.php?post_id=564#Comments Thu, 11 Feb 2010 15:41:00 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=564 This attorney is a self proclaimed ethics geek, who bleeds scarlet red, and is ultimately just a frustrated performer a heart. Who is teaching at lawline? Attorneys meet your faculty member, Stuart Teicher.

... ]]> This attorney is a self proclaimed ethics geek, who bleeds scarlet red, and is ultimately just a frustrated performer a heart. Who is teaching at lawline? Attorneys meet your faculty member, Stuart Teicher.

... ]]> http://www.lawline.com/blog/post.php?post_id=564#Comments Legal Malpractice and the Use of a Disbarred Attorney http://www.lawline.com/blog/post.php?post_id=563 http://www.lawline.com/blog/post.php?post_id=563#Comments Thu, 11 Feb 2010 12:38:29 -0500 Andrew Lavoott Bluestone http://www.lawline.com/blog/post.php?post_id=563 Actually we're a little shocked at the facts of this matrimonial action involving Thomas Liotti.  in Coccia v Liotti ;2010 NY Slip Op 00917 ; Decided on February 9, 2010 ; Appellate Division, Second Department  we see some very unusual language from the Appellate Division.  Beyond reinstating [or more correctly put, modifying] the legal malpractice claims, the AD basically granted summary judgment wiping out attorney fees by Liotti on the almost unheard of use of a disbarred attorney and misleading the client into thinking that the attorney was in good standing.

Rather than explain, here is the decisional language:

However, the Supreme Court erred by, in effect, upon renewal, vacating the determination in the order entered September 13, 2007, denying that branch of the initial cross motion which was for summary judgment dismissing the sixth cause of action to recover damages for fraudulent inducement, based upon the defendant's alleged misrepresentation that the person who would be substantially responsible for her case was an attorney. The plaintiff alleged that she later learned that such person was a disbarred attorney, prohibited from practicing law, and that the defendant fraudulently concealed this information. Contrary to the Supreme Court's conclusion, we find that the defendant failed in his initial submissions to establish, as a matter of law, that the plaintiff did not justifiably rely upon his representation of this individual's status as an attorney in good standing.

The Supreme Court erred in denying those branches of the plaintiff's cross motion which were for summary judgment dismissing the first, second, and third counterclaims seeking to recover outstanding counsel fees.

Liability of Subsequent Attorneys in Legal Malpractice

Macaluso v Pollack, 2010 NYSlipOp 30276(U) , Justice Diamond, Nassau County presents an interesting story of how a case can get dismissed. Beyond the storyline, the case presents analysis of liability of predecessor/subsequent attorneys, how the dissolution of a partnership affects legal malpractice litigation, what subsequent attorneys  can accomplish in the Second Circuit, and potential liability of associate attorneys.
The original attorneys were to represent plaintiff in an employment discrimination case, but negligently failed to follow court orders in US District Court.  Eventually, the case was dismissed by the US District Judge, on one particular day in which the attorneys did not appear for a conference.  This was apparently the last straw, as there had been many previous late filings, etc.  So case is dismissed.  Attorneys for plaintiff at that point were a partnership of two attorneys.  These attorneys then file an appeal to the Second Circuit, but leave out several essential filings which dooms the appeal.

Employment Discrimination and Legal Malpractice

Carboni v Ginsberg; 02/02/2010 2010 NYSlipOp 30256(U) Maltese, J. is an illustration of how a potential legal malpractice case underlays almost all activity within the realm of attorney representation, which is to say, everything.

Here, the question is whether plaintiff lost his employment in a wrongful manner, and after that determination, whether he has sued the attorneys within the appropriate statute of limitations time.
In a meticulous, fact specific decision, Justice Maltese writes that under CPLR 3211(a)(1) "the movant is required to demonstrate that the `documentary evidence utterly refutes plaintiff's factual allegations, conclusively establishing a defense as a matter of law.'"

No Right to Arbitrate Fee Dispute Despite Retainer Language

In Edelman v Poster;  2010 NY Slip Op 00788 ;  Decided on February 4, 2010 ;  Appellate Division, First Department  we see a situation in which a matrimonial retainer agreement boldly stated a right to arbitrate, yet the Appellate Division, First Department, determined that client has no right to arbitrate

Here is the retainer language:  "While I seek to avoid any disputes concerning the payment of our fee, in the event such a dispute does arise, you have the right, at your election, to seek arbitration, the results of which are binding on both parties. I shall advise you in writing by certified mail that you have 30 days from receipt of such notice in which to elect to resolve the dispute by arbitration, and I shall enclose a copy of the arbitration rules and a form for requesting arbitration. If no action is pending and if you do not timely enforce your rights to enter into fee arbitration, I may commence legal proceedings against you to recover any unpaid fee "
 

... ]]> Actually we're a little shocked at the facts of this matrimonial action involving Thomas Liotti.  in Coccia v Liotti ;2010 NY Slip Op 00917 ; Decided on February 9, 2010 ; Appellate Division, Second Department  we see some very unusual language from the Appellate Division.  Beyond reinstating [or more correctly put, modifying] the legal malpractice claims, the AD basically granted summary judgment wiping out attorney fees by Liotti on the almost unheard of use of a disbarred attorney and misleading the client into thinking that the attorney was in good standing.

Rather than explain, here is the decisional language:

However, the Supreme Court erred by, in effect, upon renewal, vacating the determination in the order entered September 13, 2007, denying that branch of the initial cross motion which was for summary judgment dismissing the sixth cause of action to recover damages for fraudulent inducement, based upon the defendant's alleged misrepresentation that the person who would be substantially responsible for her case was an attorney. The plaintiff alleged that she later learned that such person was a disbarred attorney, prohibited from practicing law, and that the defendant fraudulently concealed this information. Contrary to the Supreme Court's conclusion, we find that the defendant failed in his initial submissions to establish, as a matter of law, that the plaintiff did not justifiably rely upon his representation of this individual's status as an attorney in good standing.

The Supreme Court erred in denying those branches of the plaintiff's cross motion which were for summary judgment dismissing the first, second, and third counterclaims seeking to recover outstanding counsel fees.

Liability of Subsequent Attorneys in Legal Malpractice

Macaluso v Pollack, 2010 NYSlipOp 30276(U) , Justice Diamond, Nassau County presents an interesting story of how a case can get dismissed. Beyond the storyline, the case presents analysis of liability of predecessor/subsequent attorneys, how the dissolution of a partnership affects legal malpractice litigation, what subsequent attorneys  can accomplish in the Second Circuit, and potential liability of associate attorneys.
The original attorneys were to represent plaintiff in an employment discrimination case, but negligently failed to follow court orders in US District Court.  Eventually, the case was dismissed by the US District Judge, on one particular day in which the attorneys did not appear for a conference.  This was apparently the last straw, as there had been many previous late filings, etc.  So case is dismissed.  Attorneys for plaintiff at that point were a partnership of two attorneys.  These attorneys then file an appeal to the Second Circuit, but leave out several essential filings which dooms the appeal.

Employment Discrimination and Legal Malpractice

Carboni v Ginsberg; 02/02/2010 2010 NYSlipOp 30256(U) Maltese, J. is an illustration of how a potential legal malpractice case underlays almost all activity within the realm of attorney representation, which is to say, everything.

Here, the question is whether plaintiff lost his employment in a wrongful manner, and after that determination, whether he has sued the attorneys within the appropriate statute of limitations time.
In a meticulous, fact specific decision, Justice Maltese writes that under CPLR 3211(a)(1) "the movant is required to demonstrate that the `documentary evidence utterly refutes plaintiff's factual allegations, conclusively establishing a defense as a matter of law.'"

No Right to Arbitrate Fee Dispute Despite Retainer Language

In Edelman v Poster;  2010 NY Slip Op 00788 ;  Decided on February 4, 2010 ;  Appellate Division, First Department  we see a situation in which a matrimonial retainer agreement boldly stated a right to arbitrate, yet the Appellate Division, First Department, determined that client has no right to arbitrate

Here is the retainer language:  "While I seek to avoid any disputes concerning the payment of our fee, in the event such a dispute does arise, you have the right, at your election, to seek arbitration, the results of which are binding on both parties. I shall advise you in writing by certified mail that you have 30 days from receipt of such notice in which to elect to resolve the dispute by arbitration, and I shall enclose a copy of the arbitration rules and a form for requesting arbitration. If no action is pending and if you do not timely enforce your rights to enter into fee arbitration, I may commence legal proceedings against you to recover any unpaid fee "
 

... ]]> http://www.lawline.com/blog/post.php?post_id=563#Comments List Your Information Needs http://www.lawline.com/blog/post.php?post_id=562 http://www.lawline.com/blog/post.php?post_id=562#Comments Thu, 11 Feb 2010 08:36:04 -0500 Marty Latz http://www.lawline.com/blog/post.php?post_id=562 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.
 

... ]]> 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.
 

... ]]> http://www.lawline.com/blog/post.php?post_id=562#Comments Wild On LegalTech with Index Engines http://www.lawline.com/blog/post.php?post_id=560 http://www.lawline.com/blog/post.php?post_id=560#Comments Wed, 10 Feb 2010 14:21:36 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=560 It's Wild Card Wednesday and The Legal Beat is just wild about the 2010 LTN, Legal Technology News, award winner, Index Engines. Making E-Discovery much more efficient and cost effective, Index Engines is revolutionizing the legal world. I sat down with Vice President Jim McGann at LegalTech 2010 and discovered the secrets behind Index Engine's E-Discovery.


... ]]> It's Wild Card Wednesday and The Legal Beat is just wild about the 2010 LTN, Legal Technology News, award winner, Index Engines. Making E-Discovery much more efficient and cost effective, Index Engines is revolutionizing the legal world. I sat down with Vice President Jim McGann at LegalTech 2010 and discovered the secrets behind Index Engine's E-Discovery.


... ]]> http://www.lawline.com/blog/post.php?post_id=560#Comments New Jersey and Stengart: Perfect Together? http://www.lawline.com/blog/post.php?post_id=561 http://www.lawline.com/blog/post.php?post_id=561#Comments Wed, 10 Feb 2010 10:45:37 -0500 Fernando M. Pinguelo http://www.lawline.com/blog/post.php?post_id=561 So what is all the fuss about Stengart v. Loving Care Agency, Inc. et al.?  Why are eDiscovelebrities and employment lawyers alike watching the case so closely?  Why should YOU be watching? Privacy! (And eDiscovery, Of Course)

“It” (Stengart, the fuss, the Supreme Court of New Jersey, this post, all this blog attention) all boils down to whether this employee had a reasonable expectation of privacy in emails between the employee and her lawyer sent and received (during work hours) using the employer’s computer and IT systems. 

According to the trial court, Stengart did not have a reasonable expectation of privacy and the emails were properly retrieved and used by the employer and its lawyers in defense of the lawsuit.  According to the appeals court, not only did she (have a reasonable expectation of privacy), but also the appeals court took issue with the way the company lawyers handled the situation and queried whether the lawyers acted inappropriately when they retrieved and used these emails – and whether they should be sanctioned and/or thrown off the case.  Ouch! 

To finish reading this article, click here

... ]]> So what is all the fuss about Stengart v. Loving Care Agency, Inc. et al.?  Why are eDiscovelebrities and employment lawyers alike watching the case so closely?  Why should YOU be watching? Privacy! (And eDiscovery, Of Course)

“It” (Stengart, the fuss, the Supreme Court of New Jersey, this post, all this blog attention) all boils down to whether this employee had a reasonable expectation of privacy in emails between the employee and her lawyer sent and received (during work hours) using the employer’s computer and IT systems. 

According to the trial court, Stengart did not have a reasonable expectation of privacy and the emails were properly retrieved and used by the employer and its lawyers in defense of the lawsuit.  According to the appeals court, not only did she (have a reasonable expectation of privacy), but also the appeals court took issue with the way the company lawyers handled the situation and queried whether the lawyers acted inappropriately when they retrieved and used these emails – and whether they should be sanctioned and/or thrown off the case.  Ouch! 

To finish reading this article, click here

... ]]> http://www.lawline.com/blog/post.php?post_id=561#Comments Taxation Tuesday February 9, 2010 http://www.lawline.com/blog/post.php?post_id=559 http://www.lawline.com/blog/post.php?post_id=559#Comments Tue, 09 Feb 2010 12:55:50 -0500 Meredith Ganzman http://www.lawline.com/blog/post.php?post_id=559 Taxation on Carbonation? A state tax on soda could soon hit the shelves. But would you still buy your favorite bubbly beverage if the tax popped and fizzled a few cents more? Or is this potential soda tax, just what the doctor ordered to fight the nationwide obesity epidemic? It's a very tasty Taxation Tuesday on The Legal Beat.


... ]]> Taxation on Carbonation? A state tax on soda could soon hit the shelves. But would you still buy your favorite bubbly beverage if the tax popped and fizzled a few cents more? Or is this potential soda tax, just what the doctor ordered to fight the nationwide obesity epidemic? It's a very tasty Taxation Tuesday on The Legal Beat.


... ]]> http://www.lawline.com/blog/post.php?post_id=559#Comments