Fri.Oct 14, 2022

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Referrals Are Still the Hundred Million Dollar Standard for Lawyers Seeking Clients

My Shingle

Four years ago in a post at Above the Law, I described my informal poll of thirty Facebook group participants and found that the overwhelming majority identified personal referrals – either from other lawyers or former clients – as their top source of business.

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Orange County officials ‘routinely violated’ constitutional rights of criminal defendants, DOJ report says

JURIST

The US Justice Department (DOJ) Thursday released a report detailing how prosecutors and sheriffs in Orange County, California, improperly used a jailhouse informant program in ways that routinely violated the constitutional rights of criminal defendants. The report determined, “there is reasonable cause to believe that the Orange County District Attorney’s Office (OCDA) and the Orange County Sheriff’s Department (OCSD) engaged in a pattern or practice of conduct… that systematically

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Given Our Gun Jurisprudence, It Is Now Even Easier To Illegally Sell Guns. Yay!

Above The Law

If only George Washington would have told his men to etch numbers into their muskets on the way to Liberty. The post Given Our Gun Jurisprudence, It Is Now Even Easier To Illegally Sell Guns. Yay! appeared first on Above the Law.

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Jury recommends life in prison without parole for Parkland school shooter

JURIST

After a month-long trial, a Florida jury Thursday recommended that Parkland school shooter Nikolas Cruz be sentenced to life in prison without parole. The prosecution raised aggravating factors like the “heinous” and “calculated” nature of the killings while the defense argued that the mitigating circumstances of Cruz’s troubled background and upbringing only warranted a life sentence.

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Transforming eDiscovery: Document Summarization, Sentiment Analysis, And Chatbots Take Center Stage

A Synergistic Approach to eDiscovery In the space of eDiscovery, the convergence of document summarization, sentiment analysis, and chatbots represents a significant change in how legal professionals navigate and manage electronic information. These technologies not only expedite the review process but also empower legal teams with deeper insights into the emotional context and key information within electronic documents.

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Rudy finally gets his Whale

Patently O

Christopher Rudy filed his fishing hook patent application back in 1988 with a file-wrapper-continuation in 1989. At the time he was already a patent attorney and so worked his own case. But, the USPTO offered some resistance. The BPAI/PTAB issued three different opinions on record, and the Federal Circuit also issued a 2020 decision holding that some of the claims were directed to the unpatentable abstract of “selecting a fishing hook based upon observed water conditions.” In re

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Our Law Firm Is Too Small to Be in Danger From Cyberattacks – Wrong!

Attorney at Work

Think Again About the Cybersecurity Risks of Small Law Firms. It is astonishing how often small law firms tell us that they are too small to be at serious risk for cyberattacks. Anecdotally, we can tell them of many successful attacks on small law firms, though our knowledge is derived from successful attacks where we’ve been called in to investigate or remediate the damage, so we cannot identify the law firms.

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Uganda president signs law slammed for targeting critical voices online

JURIST

Ugandan President Yoweri Museveni on Thursday signed into law the Computer Misuse (Amendment) Act, 2022, thereby amending the Computer Misuse Act, of 2011. The Act of Parliament, passed on September 8, 2022, has been criticized for targeting critical voices online. I ntroduced by Kampala Central MP Muhammad Nsereko, the Act lists several punishments for people who send malicious information, hate speech, unsolicited information, and share information about children without the consent of their

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Autism and the Criminal Justice System 

The Crime Report

People with autism spectrum disorder have potential social or communication differences and sensory sensitivities that can put them at higher risk when they become involved with the justice system, according to researchers. Now, by looking at the different points at which someone interacts with the criminal justice system, a new policy brief identifies many opportunities to intervene, support and potentially remove autistic people from criminal justice interactions.

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Ukraine dispatch: calls grow for the creation of a special tribunal to adjudicate Russian war crimes

JURIST

Ukrainian law students and young lawyers are reporting for JURIST on developments in and affecting Ukraine. This dispatch is from Kateryna Prychta, a law student at Kyiv-Mohyla Academy. . After the start of full-scale military attacks by the Russian Federation’s armed forces on the territory of Ukraine, at the beginning of March, Ukraine appealed to the International Court of Justice of the United Nations with a lawsuit against Russia.

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Recipe for a Failed CLM Implementation

Selecting and implementing CLM technology can be daunting, leading to underutilization or abandonment. Factors like provider differentiation, inadequate planning, and lack of user training contribute to these failures. Recognizing these pitfalls is crucial for successful adoption, ensuring organizations harness the full potential of CLM for streamlined contract management.

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Kansas to Upgrade its Victim Notification System

The Crime Report

Kansas Attorney General Derek Schmidt has announced enhancements to the state’s victim notification system. The move comes as the criminal justice world marks Domestic Violence Awareness Month, reports Sarah Motter in KCTV5. . The upgrades include an improved experience streamlining how users can find and register to receive notices to notify them when an offender is released, transferred or escapes from a county jail facility.

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How To Tackle The Q4 Job Search

Above The Law

An introspective approach allows you to analyze and assess your negotiating power. The post How To Tackle The Q4 Job Search appeared first on Above the Law.

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Judge Rules Federal Ban on Guns Without Serial Numbers Unconstitutional 

The Crime Report

U.S. District Judge Joseph Goodwin in Charleston, West Virginia, has ruled that a federal ban on possessing a gun with its serial number removed is unconstitutional, reports Brendan Pierson for Reuters. Goodwin stated that the law was not consistent with the United States’ “historical tradition of firearm regulation,” citing the new standard laid out by the Supreme Court’s recent expansion of gun rights.

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Morning Docket: 10.14.22

Above The Law

* So I guess we'll just be allowing untraceable guns to roam the streets of America now. Thanks, Bruen ! [ The Hill ]. * Prosecution of the Parkland shooter has brought conversations on the death penalty back to the forefront. [ Politico ]. * Black history month came early! Lawyers across the pond talk diversity. [ Law.com ]. * Conservatives are still pressed about being the real victims of cancel culture.

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Contract Lifecycle Management: A Business Enabler Exploring On-Ground Challenges

CLM tools have always strived to push contract management into the digital age for almost 30 years. But the complexities of digitising a legal document are numerous. The current scenarios in business development have shown that having a fully automated CLM has become a mandate for every law firm and in-house legal department. To determine if you need a CLM system, it's essential to clearly identify the on-ground business challenges you aim to solve.

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If a highly paid worker is paid by the day, are they entitled to overtime? Probably – for now.

SCOTUSBlog

Share On Wednesday, the Supreme Court heard oral argument in Helix Energy Solutions Group, Inc. v. Hewitt , a case about which highly paid employees may claim overtime pay. More specifically, the justices considered the meaning of Department of Labor regulations that define who qualifies as a “highly compensated” “executive” employee; such employees are exempt from the usual requirement that workers are owed overtime when they work more than 40 hours in a week.

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Is A Silent Retreat The Answer To The Stresses Of Motherhood And A Legal Career?

Above The Law

Compassion for yourself and others is always important. The legal world could use a little more of that. The post Is A Silent Retreat The Answer To The Stresses Of Motherhood And A Legal Career? appeared first on Above the Law.

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Justices debate whether Warhol image is “fair use” of photograph of Prince

SCOTUSBlog

Share Wednesday’s argument in Andy Warhol Foundation for the Visual Arts v. Goldsmith wandered widely, as the justices considered whether a famous set of images that Andy Warhol based on a 1981 photograph of Prince by the award-winning photographer Lynn Goldsmith were such a “fair” use of the photograph that Warhol’s successors can license them for commercial use without the permission of (or compensation to) Goldsmith.

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Texas’s Ridiculous Content Moderation Bill Put On Hold Until The Supreme Court Can Consider It

Above The Law

A brief reprieve. The post Texas’s Ridiculous Content Moderation Bill Put On Hold Until The Supreme Court Can Consider It appeared first on Above the Law.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Nikola Founder Convicted Of $1B Wall St. Fraud

Law 360

A jury on Friday convicted Nikola Corp. founder Trevor Milton of illegally pumping up the high-tech truckmaker's value on Wall Street, handing the Manhattan U.S. Attorney's office a win in its billion-dollar securities fraud case against the former CEO.

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Heads Up, Mediation Professors! That Oculus Headset Could Be A Tax Write-Off

Above The Law

Law students, all your time playing headset DDR may actually make you a better problem solver. The post Heads Up, Mediation Professors! That Oculus Headset Could Be A Tax Write-Off appeared first on Above the Law.

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Forensic DNA Profiling Exposes Protected Medical Information: Study

The Crime Report

A new study from San Francisco State University suggests that the forensic DNA profiling used to identify a criminal may also be indirectly revealing people’s medical information, even those of crime victims, reports EurekAlert. The Combined DNA Index System (CODIS), a system organizing criminal justice DNA databases that uses specific genetic markers to identify individuals, is used by law enforcement nationwide, and was believed, until now, to not divulge medical information, a finding that ra

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Navigating Your Performance Review [Sponsored]

Above The Law

Instead of viewing your performance review as something to be endured, take control of the process to the extent possible. The post Navigating Your Performance Review appeared first on Above the Law.

Laws 101
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Dangers of Digital "Reporting": Legal Risks and Unreliable Transcripts

In the world of legal proceedings, the choice between a certified stenographer and digital "reporting" holds significant implications. Certified stenographers go through rigorous training and testing and stand as the gold standard for accuracy in capturing every word. Their expertise ensures a reliable record, a crucial foundation for legal cases.

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Is Lucy Letby the ‘Worst Serial Killer in British History’?

The Crime Report

Lucy Letby. Courtesy The BBC. The British public has been galvanized this month by the trial of Lucy Letby, who is allegedly the worst serial killer in British legal history. Letby, a 32-year-old British neo-natal nurse, has been charged with 22 counts of murder and attempted murder. She is alleged to have gone on a year-long killing spree at the Countess of Chester Hospital in the UK, between 2015 and 2016.

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The Flexibility Of Self-Employment Helps You Be There For Family

Above The Law

The freedom that self-employment gives to individuals to take care of personal responsibilities cannot be overstated. The post The Flexibility Of Self-Employment Helps You Be There For Family appeared first on Above the Law.

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NYC Jail Boss Calls for More Solitary Confinement, Snubbing Reformers

The Crime Report

Department of Correction Commissioner Louis Molina has submitted a so-called variance request for people inside the George R. Vierno Center (GRVC) at the Rikers Island detention facility, requesting to punish certain inmates with solitary confinement for 17 hours a day, up from the current 10 hours, reports Rueven Blau for The City. Citing a spike in slashings at the facility, 76 since June, rivaling the 80 similar attacks that have happened at all other Rikers facilities combined in that time,

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Today on Legaltech Week: ClioCon Recap, Tech Awards, E-Discovery Ethics, and More; Join Us Live at 3 ET

LawSites

It has been a busy week in legal tech, including the 10th annual Clio Cloud Conference and the first-ever American Legal Technology Awards gala. We’ll recap those stories and more with our usual Friday panel of legal tech journalists and bloggers today at 3 p.m. ET. A ttendance is free, but, if you have not already done so, you need to register, which you can do here.

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Optimizing Contract Management and Enhancing Team Collaboration: Insights from a Legal Operations Perspective

Speaker: Adina Marta Newman

Learn about a world of effective contract management and seamless teamwork across departments in this upcoming webinar from Cobblestone Software. You'll discover practical strategies and tips that legal professionals can use to streamline contract processes and enhance collaboration, making significant impact across legal and corporate departments. Join us as we show how you can supercharge contract processes, improve team communication, and take your contributions to the next level.