September, 2017

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Who Gives a Damn About Paralegal Ethics?

The Paralegal Society

I stand here, on the screen before you today, because I have the immense privilege of addressing each of you, individually, and a cross-section of the profession, collectively, in this way. I have also earned myself the obligation to do so. Even when it’s uncomfortable. Even when it’s not popular. Even when it’s somewhat controversial. And most importantly, when others don’t seem to be talking about the things that affect our profession at all.

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Washington Issues for TV Broadcasters – Where Things Stand at the FCC

Broadcast Law Blog

There is never a shortage of Washington issues for broadcasters to consider, and the rapid pace of change since the new administration took over in January has made it even more difficult to track where all the issues stand. While we try on this Blog to write about many of the DC issues for broadcasters, we can’t always address everything that is happening.

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Deferred Action for Childhood Arrivals 2017 Announcement

MyLegalAssistants

On Sept. 5, 2017, the Department of Homeland Security (DHS) initiated the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA). DHS will provide a limited, six-month window during which it will consider certain requests for DACA and applications for work authorization, under specific parameters. Read the memorandum from Acting DHS Secretary Elaine Duke for details.

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Martin Baudroux | Nietzsche, Bataille : de l’océan au désert

ClimateChange-ClimateLaw

Nietzsche, Bataille : de l’océan au désert by Martin Baudroux Sois cet océan.

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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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3(c)(1) Funds vs. 3(c)(7) Funds

Strictly Business

The process of starting a new hedge fund or private equity fund involves choosing whether the fund will be structured as a “3(c)(1) fund” or a “3(c)(7) fund.” Many new fund managers are confused by the difference between the two, which refer to two different exemptions from the requirements imposed on “investment companies” under the Investment Company Act of 1940 (the “Act”).

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Reminder: Electronic Registration of Designated Agent for DMCA Safe-Harbor Take-Down Notices Due at Copyright Office by December 31

Broadcast Law Blog

The Copyright Office yesterday issued a reminder, here , that their electronic system for “ designated agents ” of Internet service providers – those who are to receive notice of any claimed infringing content posted on a service provider’s site – is active and all services must register in that system by December 31 for such registrations to remain valid.

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Update: FCC Adopted Notice of Proposed Rulemaking to Eliminate the Requirement that Licensees Maintain Paper Copy of the Rules

Broadcast Law Blog

At its meeting yesterday, as promised, the FCC adopted a notice of proposed rulemaking to eliminate the rule that certain classes of FCC licensees maintain a paper copy of the FCC rules. We wrote about the draft NPRM here , which the FCC substantially adopted. Under current rules, licensees of LPTV, TV and FM translator, and TV and FM booster stations (but not full-power stations) are required to maintain paper copies of FCC rules applicable to those services.

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FCC Proposes $144,344 Fine on Pirate Radio Operator and His Landlord

Broadcast Law Blog

Yesterday, the FCC adopted a Notice of Apparent Liability proposing to fine three individuals $144,344 for operating a pirate radio station in North Miami, Florida. One individual is alleged to have programed and operated the station while the other two are a husband and wife who owned the property from which the station transmitted. The NAL details the failure of the individuals to cease operations on a permanent basis, even after the operator had been fined for prior operation of an unauthori

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Update: FCC Approves Changes to AM Proofing Requirements

Broadcast Law Blog

The week before last, we summarized an FCC draft order to relax rules on proofs of performance for AM stations – lessening the number of monitoring points needed in traditional partial proofs of performance, and relaxing a number of previous-imposed limitations on the use of Method of Moments proofs (see our post here for more details ). While this decision, part of the FCC’s AM revitalization efforts, was slated for consideration at the full FCC meeting this week, instead it was adopted o

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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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Update: FCC Still Conducting Nationwide EAS Test Tomorrow, September 27

Broadcast Law Blog

With no hurricane or other emergency seemingly threatening the United States tomorrow, the FEMA and the FCC announced yesterday that the Nationwide EAS test is being conducted as planned tomorrow, September 27. We wrote about that test here and here. Stations, except those in hurricane-affected areas who have been given more time to file reports on the results of the EAS test at their stations (see the FCC public notice here allowing stations in these areas to file when the ETRS Form 3 is due in

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FCC Announces Second Filing Window for Upgrades and New Channels for Repacked TV Stations – October 3 through November 2

Broadcast Law Blog

The FCC yesterday released a Public Notice (linked here ) announcing that it will open the post-Incentive Auction “second filing window” on Tuesday, October 3, 2017. In this window, any repacked TV station, including stations that changed from UHF to VHF during the incentive auction and repacked Class A stations, can file an amendment to its initial construction permit application (if still pending), or a modification to its construction permit (if granted) to seek an alternate channel or expan

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Reminder: Repacking Transition Progress Report Must Be Filed by Repacked TV Stations by October 10

Broadcast Law Blog

The FCC yesterday issued a Public Notice ( available here ) reminding all TV stations (including Class A TV stations) that are changing channels as a result of the TV incentive auction, including those receiving compensation from auction payments for moving from UHF to VHF channels, that they must file their first quarterly Transition Progress Report no later than October 10, 2017.

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FCC Releases Draft AM Revitalization Order to Simplify Proofs of Performance

Broadcast Law Blog

Last week, the FCC released a draft of an order to simplify the proofing of AM stations. This order will be considered at the FCC’s September 26 meeting. While the proposals to be adopted are part of the AM Revitalization proceeding, even the Commission recognizes that these are not fundamental changes in the way that stations operate, but instead technical changes that can, hopefully, save some AM stations some money.

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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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Recordkeeping Rules for Third-Party Fundraising by Noncommercial Broadcasters to be Effective November 13, 2017

Broadcast Law Blog

In July, we wrote about the effective date of the FCC’s new rules allowing non-CPB noncommercial stations to interrupt their normal programming to raise funds for third-party charitable and non-profit organizations (we wrote here about the decision itself), for up to 1% of their total airtime. In July, we noted that the new rules on the recordkeeping requirements about these fundraising efforts had not yet gone into effect, as they needed to be approved by the Office of Management and Budget und

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How Does Divorce Mediation Work?

MyLegalAssistants

BY MINDEY ELGART. FEBRUARY 21, 2017. Facing a divorce is confusing. You are approaching an unfamiliar process. Have you heard about divorce mediation? Here is my summary of the divorce mediation process. I work with both husband and wife together. You don’t need to be on the same page regarding the resolution of your divorce matters. You do need to be in agreement to voluntarily walk into the room and participate in the mediation process.

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FCC Issues Draft Proposal To Revoke Rule Requiring Physical Copy of FCC Rules at All Broadcast Stations

Broadcast Law Blog

We yesterday wrote about Chairman Pai’s promise to start the process of modernizing media regulation by abolishing a simple but outdated rule – one requiring that each broadcast station have a physical copy of the FCC rules on the station premises. Yesterday, the FCC released a draft of their Notice of Proposed Rulemaking to implement that change in the rules.

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FCC Issues Guidance for Broadcasters and Other Regulated Services in the Path of Hurricane Irma

Broadcast Law Blog

The FCC has issued a series of public notices to broadcasters and other FCC regulated entities in the path of Hurricane Irma. General guidance was issued by the FCC, here , discussing how stations can get special temporary authority to operate with facilities different than those specified in their licenses by email or even by telephone during the emergency.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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More on Media Deregulation – Chairman Pai Speaks to NAB Radio Show and Promises to Propose the Repeal of a Rule Each Month

Broadcast Law Blog

FCC Chairman Ajit Pai spoke on Wednesday at the opening lunch at the NAB Radio Show in Austin, promising more moves to bring media regulation in line with the realities of the modern media marketplace. In his speech, the text of which is available here , the Chairman promised several actions including the following: A monthly Notice of Proposed Rulemaking suggesting a media rule change prompted by suggestions made in the Modernization of Media Regulation proceeding we wrote about here and here.

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FCC Extends Filing Deadline for Biennial Ownership Reports Until March 2, 2018, But Will Require Reporting of Station Ownership as of October 1, 2017 Even By Those Who Sold Stations

Broadcast Law Blog

The FCC on Friday announced that they were extending the deadline for filing Biennial Ownership Reports by broadcasters from December 1 to March 2, 2018 to be sure that the new version of the form in the FCC’s LMS database will be up and ready to be used. The FCC will open the window for filing these ownership reports on December 1 (which was to be the deadline).

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FCC Regulatory Fees Due By September 26

Broadcast Law Blog

The FCC late yesterday released an Order setting the amount of FY2017 Annual Regulatory fees, along with a public notice setting September 26 as the deadline for those fees. Reg fees may be paid now through September 26. If not paid by 11:59 PM Eastern Time on that date, penalties of 25% will be assessed. In addition, applications by any licensee that has not paid its fees may be held by the Commission without action until the fees are paid, and can even end up resulting in a license cancellatio

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The Top Three Big Divorce Expenses

MyLegalAssistants

By: Samantha Donaldson. May 03, 2017. Learn and Prepare for Your Divorce Expenses. Getting married can be one of the most magical experiences a person ever has. However, sometimes an “I do” simply turns into an “I don’t” and, in those trying times, the world can seem as though it’s been flipped upside down entirely, with a long list of divorce expenses.

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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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What to Do With the On-Air Employee Who Becomes a Candidate for Elective Office?

Broadcast Law Blog

It seems like about this time as we begin to near the end of the year that broadcasters contemplate their future. And it seems like that brings many to contemplate moving from behind the microphone to being in front of it – by running for public office. Perhaps because next year will likely be a very active one with Congressional elections and elections in many states, I have had a number of calls from broadcasters in the last few weeks asking what they should do with the on-air employee who is

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