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Practice Management
The Non-Hierarchical Law Firm, by
Marc G. Reynolds.
This iconoclastic space plays a pivotal role in supporting the firm’s egalitarian culture, maximizing the effectiveness and job satisfaction of lawyers and staff and delivering increased value to clients. As you’ve probably guessed, Summit Law Group is not your typical law firm. By strategic intent, we have created a non-hierarchical culture and design that is intended to make the firm an extraordinary place to work.
Non-Specific.
5 pages. Written:
2007. Added:
10-04-2008.
alanet.org
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Employment and Labor
Emerging Trends in Wage & Hour Litigation: Electronic Discovery, by
Marni Willenson.
This
guide provides a footing -- a place to begin, and to return, as a quick reference. Part A is a
summary of the e-discovery amendments to the Federal Rules of Civil Procedure. Part B
identifies key e-discovery principles that have been established in the rules and the case
law, or that appear to be emerging.
Non-Specific.
15 pages. Written:
2008. Added:
10-04-2008.
fwjustice.org
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Practice Management
Take a Bite Out of the Fight, by
Phillip M. Perry.
Workplace conflicts cost big money. But managers can keep the wild dogs of dissension from biting the bottom line. Here, psychologists explain how to manage some of the most common conflicts.
Non-Specific.
6 pages. Written:
2007. Added:
10-04-2008.
alanet.org
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Practice Management
The Evolving Tactics and Strategies of Law Firm Marketing, by
Micah Buchdahl AND Jamie Diaferia.
Depending on the firm’s practice type and market competition, it is not unusual to see some of the United States’ smallest firms with significant six-figure investments. While firm management has a better understanding today of the need to invest in business development, the struggle is more with the “how” than the “why.”
Non-Specific.
6 pages. Written:
2007. Added:
10-04-2008.
alanet.org
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Practice Management
Adding and Positioning Expertise, by
Phyllis Weiss Haserot.
“Positioning” of the firm’s services to distinguish it from the
competition and maximize revenues and profitability needs to go hand-in-hand with how the firm is structured and how new service capabilities are added. And, when they add new expertise, they have to evaluate the pros and cons of a “build” or “buy” strategy.
Non-Specific.
7 pages. Written:
2007. Added:
10-04-2008.
alanet.org
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Practice Management
Marketing Jitters? You are not Alone!, by
Daniel Guttman.
Most legal administrators have to effortlessly shift from role to role, with marketing being an additional responsibility almost as an afterthought. This article gives brief knowledge about law firm marketing strategies and
tactics,which drives success in your firms.
Non-Specific.
4 pages. Written:
2007. Added:
10-04-2008.
alanet.org
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Ethics
Marketing Jitters? You are not Alone!, by
Daniel Guttman.
Most legal administrators have to effortlessly shift from role to role, with marketing being an additional responsibility almost as an afterthought. This article gives brief knowledge about law firm marketing strategies and
tactics,which drives success in your firms.
Non-Specific.
4 pages. Written:
2007. Added:
10-04-2008.
alanet.org
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Litigation Support
The Ethical Implications of Online Software, by
Nerino J. Petro Jr..
A lawyer must take reasonable steps to protect the confidentiality of electronically stored client files. This article briefs about software as a service (SaaS) and the benefits that firms are receiving from this approach, which delivers software capabilities across the Internet without the need for firms to invest capital or labor to purchase and install needed applications.
Non-Specific.
1 pages. Written:
2008. Added:
10-04-2008.
abanet.org
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e-Discovery
E-Discovery Faces a Language Barrier, by
Jason Krause.
Trivia like this is usually of interest to linguists, but it has become a serious issue and nuisance for lawyers. That's because litigation is increasingly taking on international components, and legal technologists are struggling to incorporate foreign language documents into litigation.
Non-Specific.
1 pages. Written:
2007. Added:
10-04-2008.
law.com
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Litigation Support
Courtroom Technology, by
Fredric I. Lederer, Tom O'Connor, and Timothy A. Piganelli.
Technology-based evidence presentation is substantially faster than traditional methods, and many agree that it also does a better job of presenting information. So, is it time to introduce more technology into your next case presentation? Here are some points to consider.
Non-Specific.
1 pages. Written:
2008. Added:
10-04-2008.
abanet.org
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Practice Management
Outsourcing Legal Services Abroad, by
K. William Gibson.
Until recently, discussions about the outsourcing trend in the legal community took place mainly online, particularly among bloggers. But what exactly is legal outsourcing and the market realities behind it? Let’s take a look.
Non-Specific.
1 pages. Written:
2008. Added:
10-04-2008.
abanet.org
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Litigation Support
How Not to Get Stung by Promises of Easy Offshore Work , by
David Bilinsky and Laura Calloway.
With that in mind, and especially because in our previous column we encouraged you to consider the possibility of working for foreign clients, we would like to provide you with some information that should help protect you from some of the scams that can be a part of that territory.
Non-Specific.
1 pages. Written:
2008. Added:
10-04-2008.
abanet.org
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Practice Management
Top Ten Tips for Recruiting and Managing a Law Firm Bookkeeper, by
Beatriz Milia.
Bookkeepers with over two years experience working in a law firm tend to have gained the skills needed to deal with law firm dynamics. This article gives you insight
into the responsibilities and duties of a law firm bookkeeper.
Non-Specific.
3 pages. Written:
2008. Added:
10-04-2008.
technolawyer.com
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Practice Management
When to say no: How to avoid problem clients, by
Edward Poll.
To succeed, every law firm from start-ups to multinational giants must avoid accepting business from problem clients. The ten red flags listed below are designed to facilitate the process of reviewing prospective clients.
Non-Specific.
1 pages. Written:
2005. Added:
10-04-2008.
TechoLawyer
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Litigation Support
E-Discovery Faces a Language Barrier, by
Jason Krause.
Trivia like this is usually of interest to linguists, but it has become a serious issue and nuisance for lawyers like Tredennick. That's because litigation is increasingly taking on international components, and legal technologists are struggling to incorporate foreign language documents into litigation.
Non-Specific.
1 pages. Written:
2007. Added:
10-04-2008.
law.com
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Civil Trial Practice
Complex Litigation Presenting Complex Technical and Legal Arguments, by
Donald E. Knebel.
Many cases triable by jury involve highly technical factual issues, complex legal issues or both. Lawyers often complain about a system that requires lay jurors to decide
complex scientific and technical issues, claiming that the result is either purely random or biased in favor of plaintiffs and against big companies.
Non-Specific.
15 pages. Written:
2005. Added:
9-22-2008.
Barnes & Thornburg
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e-Discovery
Collecting Client E-mails: Avoid the E-mail Forwarding Trap, by
Robert W. Keenan.
One increasingly prevalent but problematic technique of harvesting e-mail is e-mail forwarding.4 This white paper will:
Explain the reasons why e-mail forwarding should not be utilized as an ESI collection technique, and
Explore a simple and effective method to collect e-mail without creating problems for processing and authentication.
Non-Specific.
7 pages. Written:
2006. Added:
9-22-2008.
Esquire Litigation Solutions
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Practice Management
Maximizing the Power of Virtual Data Rooms, by
Joel Ginsberg.
VDRs offer legal and financial professionals an array of advantages. Overall, VDRs make it possible for lawyers and other deal advisers to focus more on the substantive work to be done and less on procedural aspects of deal management. By making the data room accessible over
the Internet, VDRs help to accelerate the pace of the due diligence process.
Non-Specific.
2 pages. Written:
2007. Added:
9-22-2008.
LJN’s Legal Tech
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Civil Pre-Trial
Working Harder or Working Smarter?, by
Mary Girsch-Bock.
This news should be of particular interest to paralegals, since a large part of their job is preparing deposition summaries. These documents, culled from reviewing and condensing scores of pages of testimony, are vital to attorneys. Attorneys determine what information they are looking for and it’s the paralegal’s job to find that information, which often entails pouring through stacks of documents. It’s no secret that the traditional way of completing deposition summaries is time consuming — it’s just not possible to quickly reduce 200 pages down to 20 pages, while ensuring that the required information is included in the summary.
Non-Specific.
1 pages. Written:
2008. Added:
9-21-2008.
legalassistanttoday.com
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Practice Management
Protecting Your Firm Against Internet Threats, by
Christy Burke.
Both law firms and businesses can attest that the cost of doing business has increased exponentially as high-tech security hardware, software and personnel have become necessary to protect the average company’s day-to-day operations. Wireless Internet connections, as well as wireless devices such as cell phones and PDAs are all necessary for today’s mobile lawyering, but we forget that they are all hackable and present exposure risks. And with so many lawyers breaking off from their mother ship law firms, the possibility of theft of files, contacts, trade secrets and intellectual property represents a huge exposure.
Understandably, concerned attorneys and law firm IT managers want to know where these threats are coming from so they can properly arm themselves.
Non-Specific.
3 pages. Written:
2007. Added:
9-21-2008.
LJN’s Legal Tech Newsletter
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Practice Management
Trends in Courtroom Technology: Has the Picture Changed?, by
Laura Ikens.
This supplement offers an insider's unique perspective into how law firms are both adopting and utilizing trial technology, including: online research, electronic filing, mobile technology and hardware in the courtroom, litigation support software and electronic discovery.
Non-Specific.
4 pages. Written:
2007. Added:
9-21-2008.
LJN’s Legal Tech Newsletter
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Practice Management
VoIP: Hype or Reality?, by
Paul Chisholm.
Many people use free or consumerclass Voice over Internet Protocol (“VoIP”) solutions and make longdistance
calls for “free.” But is this VoIP technology suitable for a law firm? Will it provide the business-class security and reliability expected in a phone system?
Non-Specific.
2 pages. Written:
2008. Added:
9-20-2008.
LJN's The Legal Tech Newsletter
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Practice Management
Practice Management, by
Jeffrey S. Krause.
Presentation discusses approaches to practice management (calendar, task management, contact management, matter management, document and email management, other case related data, billing, accounting), providers, implementation approaches, and more.
Non-Specific.
29 pages. Written:
2008. Added:
9-13-2008.
krausepm.com
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Practice Management
How (NOT) to Commit Malpractice with your Computer, by
Ross L. Kodner, Jim Calloway, Catherine Sanders-Reach & Ben Schorr.
Presentation discusses the ethical pitfalls and traps of electronic law practice, including Understand security issues sending PDF files, email security, metadata, e-discovery, properly disposing of old computers, and more.
Non-Specific.
25 pages. Written:
2006. Added:
9-13-2008.
GP Solo
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Criminal
The Continuing Struggle for Just, Effective and Constitutional Sentencing After United States v. Booker, by
Amy Baron-Evans.
In United States v. Booker, 543 U.S. 220 (2005), the Supreme Court held that judicial determinations of fact not found by a jury or admitted by the defendant to increase sentences under the Federal Sentencing Guidelines violated the Sixth Amendment. As a remedy, the Court excised 18 U.S.C. § 3553(b), which created a presumption in favor of the guideline range (“the court shall . . . unless the court finds . . .”), and excised 18 U.S.C. § 3742(e), which was designed to enforce the guidelines.
Non-Specific.
1 pages. Written:
2006. Added:
9-13-2008.
nacdl.org
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Criminal
Internal Investigation Game Plan: A 10-Step Guide to Reliable and Defensible Electronic Records Review, by
Chad Breckinridge.
While structuring an appropriate internal investigation poses a daunting array of challenges, this article focuses on the preservation and processing of electronic records. This is a key element of any corporate investigation. Companies that handle it properly avoid both ruinous extremes.
Non-Specific.
1 pages. Written:
2007. Added:
9-12-2008.
nacdl.org
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e-Discovery
Getting Smart About Analyzing Electronically Stored Information, by
Eric Rosenberg.
This article takes a step back to evaluate whether efforts to streamline the analysis of ESI data have been effectively applied. The legal industry as a whole has been slow to keep up with change. As a result, it’s
getting harder to justify the cost and time that goes into the antiquated process many have grown accustomed
to using.
Non-Specific.
8 pages. Written:
2008. Added:
9-12-2008.
LJN’s Legal Tech Newsletter
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Criminal
Representing White Collar Clients In A Post - Booker World, by
Alan Ellis.
Sentencings are becoming more and more frequent in federal cases. The sentencing commission saw this as a “problem,” which it “solved” with “guidelines that classify as serious many offenses for which probation previously was frequently given and provide for at least a short period of imprisonment in such cases.”
Non-Specific.
1 pages. Written:
2005. Added:
9-12-2008.
nacdl.org
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Criminal
The Advent Of The 'Vanishing Trial' : Why Trials Matter, by
John W. Keker.
The Vanishing Trial” has everyone’s attention. That trials are increasingly an oddity is certain. Data for criminal jury trials is just as extreme. Consider the various charts at the end of this article concerning criminal cases in federal court. Lots of people, not just judges and lawyers, are trying to understand why trials are vanishing. For federal criminal cases, it has become commonplace to blame the guidelines:
Non-Specific.
1 pages. Written:
2005. Added:
9-12-2008.
nacdl.org
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Criminal
Rear View Mirror: Mail Fraud -- Then and Now, by
Ellen Podgor.
Mail fraud today is a statute that prosecutors use to charge many forms of alleged fraudulent conduct. Bank fraud, wire fraud, and health care fraud were all modeled on language used in the mail fraud statute. Its power is further heightened by the fact that it serves as a predicate act for a charge under the Racketeer Influenced and Corrupt Organizations Act (RICO).
Non-Specific.
1 pages. Written:
2008. Added:
9-12-2008.
nacdl.org
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Criminal
Why Isn't Every White Collar Defense Lawyer Using A Jury Questionnaire, by
Marc S. Raspanti; Michael A. Morse.
Increasingly, white collar federal cases carry significant prison terms, fines, and restitution. They also include collateral consequences such as disbarment, loss of professional license, civil suits and, of course, lots of negative publicity. In a recent successful white collar criminal trial, a number of factors coalesced to allow us to slow down the jury selection process to the benefit of all parties. We share some of these experiences for your review and consideration.
Non-Specific.
1 pages. Written:
2007. Added:
9-12-2008.
nacdl.org
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Criminal
Defining and Defending Obstruction Charges in the Wake of Arthur Andersen and Quattrone, by
Kathryn Keneally; Kenneth M. Breen.
The prosecution of the accounting firm Arthur Andersen for its destruction of documents as the Enron scandal unfolded marked a watershed moment in the prosecution of white collar crime. These rulings are likely to color future prosecutions under the new obstruction statutes that Congress implemented in the Sarbanes-Oxley legislation.
Non-Specific.
1 pages. Written:
2006. Added:
9-12-2008.
nacdl.org
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Criminal
Keeping The Board Of Directors Cool While The Company's In The Hot Seat, by
Stephanie A. Martz.
Describes couple of valuable insights from the board members and general counsels, and their insights that we should all keep in mind whether we represent businesses, corporations or employees in corporate and securities, criminal or other matters.
Non-Specific.
1 pages. Written:
2005. Added:
9-12-2008.
nacdl.org
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Criminal
Unsealing Search Warrant Materials For Uncharged Clients, by
Daniel Monnat; Paige Nichols.
Many jurisdictions do not define affidavits in support of search warrants as presumptively-public documents. Even in those jurisdictions with statutes directing or implying that search warrant materials will be accessible to the public, prosecutors may, and often do, obtain orders sealing warrant materials.
Non-Specific.
1 pages. Written:
2006. Added:
9-12-2008.
nacdl.org
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Criminal
Why Criminal Law Should Matter To Business, by
Stephanie Martz.
This speech is all about the importance and relevance of reforming our federal criminal laws, as they relate to the corporation. But, in fact, there’s much more evidence that criminal law is the new frontier in corporate overregulation:
Non-Specific.
1 pages. Written:
2006. Added:
9-12-2008.
nacdl.org
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Criminal
Is That What I Meant: Litigating Intent in White Collar Crime, by
Demosthenes Lorandos; Ashish S. Joshi.
Intentionality clearly plays a crucial role in white collar criminal prosecutions. In fact, it is usually a key element of the charged white collar offenses — be it conspiracy, mail fraud, wire fraud, securities fraud, bank fraud, falsifying books and records, insider trading, money laundering, or racketeering. Recent white collar criminal prosecution history is replete with examples of executives who were convicted based upon juries finding them guilty of intending to commit the offenses with which they were charged: Lay and Skilling of Enron, Ebbers of WorldCom, Black of Hollinger International, Rigas of Adelphia, Shelton of Cendant, Olis of Dynergy, Bayly of Merrill Lynch, Early of Ogilvy & Mather, Brown of Rite Aid, and the list goes on.
Non-Specific.
1 pages. Written:
2007. Added:
9-12-2008.
nacdl.org
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Criminal
Witness for the Prosecution, by
Lewis O. Unglesby.
Historically, the judiciary recognized the fundamental fallacy in relying on the accused for truthful testimony. That judicial philosophy accepted the idea that self-preservation is so instinctive that it outweighs all other considerations.
Today, previously accused criminals have become accepted as key witnesses, protected and rewarded by law for their stories.
Non-Specific.
1 pages. Written:
2007. Added:
9-12-2008.
nacdl.org
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Criminal
What Every White Collar Defense Attorney Should Know About Insurance, by
John E. Heintz; Stephen A. Weisbrod; Justin F. Lavella.
To ensure that insurance assets are preserved and used effectively, clients and defense lawyers should investigate and discuss insurance issues at the commencement of an attorney-client relationship. Client and counsel may have to make difficult strategic assessments very quickly. When complex insurance coverage issues arise, as they often do, consultations with insurance counsel may be necessary.
Non-Specific.
1 pages. Written:
2006. Added:
9-12-2008.
nacdl.org
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Corporate and Securities
Securities Fraud, by
Kenneth M. Breen; Thomas R. Fallati.
Of course, given the SEC’s emphasis on corporate cooperation, entities that are under an SEC investigation may face requests for waivers of objections to the production of records located overseas. Still, counsel should be prepared to advance possible jurisdictional or diplomatic objections to the production of such records, and needs to consider criminal issues.
Non-Specific.
1 pages. Written:
2007. Added:
9-12-2008.
nacdl.org
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e-Discovery
Telecommuting Presents an EDD Nightmare, by
George A. Stamboulidis.
Despite its promise of increased productivity and job satisfaction, working from home poses special legal obstacles for corporate employers. In light of these findings and recent case law sanctioning corporations for their employees' destruction of electronically stored information, corporations and their counsel must consider whether current policies adequately cover ESI that is transferred between the office and employees' homes or, worse yet, never touches a company's computers.
Briefs all of the practices that corporate clients may use inorder to avoid costly and time-consuming litigation over off-site ESI.
Non-Specific.
1 pages. Written:
2008. Added:
9-11-2008.
New York Law Journal
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e-Discovery
The Potential for Commoditizing Electronic Discovery, by
Jim Grebey.
Future success in the electronic discovery market may be tied to a similar strategy for commoditization of EDD products. It requires that we look at electronic discovery just as Eastman looked at photography and ask whether potential users are savvy enough to handle the technology.
Non-Specific.
1 pages. Written:
2008. Added:
9-11-2008.
iltanet.org
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Practice Management
5 Things Every Attorney Should Know, by
Adriana Linares.
Whether a solo practitioner or partner at a large firm, there are basic computer skills every attorney should have. Technology can be overwhelming and client expectations of how attorneys are using technology don't seem to be waning. Taking the time to learn one tip or
tool at a time will not only make you more efficient and less frustrated, but will also impress your clients.
Non-Specific.
5 pages. Written:
2008. Added:
9-11-2008.
lawtechpartners.com
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Practice Management
Perfecting Your Practice, by
Jim Calloway, Ross L. Kodner.
Presentation on best practices in handling a matter effectively, listening as a critical skill & improving your response skills.
Non-Specific.
11 pages. Written:
2006. Added:
9-11-2008.
ABA Annual
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Practice Management
Winning the Race to a Paperless Office, by
Ronda Robinson.
Best believes a lot of lawyers have a fear of technology. However, the rewards of embracing it not only can include a cleaner, less-cluttered office, but also greater productivity and more money. As an example, software products can prompt you to track your time. "Not only do they automate your processes, but they remind you and help you capture more billable time. The growth pattern is exponential." Article gives Best's opinion, that technology must-have for attorneys which includes the ones mentioned is the article.
Non-Specific.
4 pages. Written:
2007. Added:
9-11-2008.
law.com
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e-Discovery
Organizing Large-Scale Document Review Projects, by
James Crane.
The daunting task of collecting and reviewing a million pages seemed to test the boundaries of technology and manpower 10 years ago. Now, one million page document reviews are commonplace, and the largest cases encompass tens of millions of electronic documents.
Non-Specific.
1 pages. Written:
2008. Added:
9-11-2008.
iltanet.org
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Computer Forensics
Impact of State Licensing of Private Investigators on Digital Forensics , by
Joe Howie.
Increasingly, attorneys depend on digital forensics examiners to provide litigation support, but inconsistent licensing requirements and penalties add complication and cost by requiring many DFEs to be licensed as Private Investigators. This article argues that PI regulation should be consistent across jurisdictions and should not extend to digital forensics.
Non-Specific.
1 pages. Written:
2008. Added:
9-10-2008.
Law Technology Today
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Practice Management
How Well Does Software Work as a Service?, by
Brett Burney.
The idea of online storage is not as far-fetched today as it once was, but the assertion that an online application like Google Docs accessed through a Web browser could replace a locally installed word processor sounds absolutely wacky to many people.
Non-Specific.
1 pages. Written:
2008. Added:
9-10-2008.
Legal Tech Newsletter
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Class Actions
Pharmaceutical Class Actions, by
Lisa M. Wood.
This article is a gathering of decisions rendered in pharmaceutical and medical device class actions over the course of the past year. Finally, its also attempts to guage the impact of CAFA since its enactment over two years ago upon pharmaceutical litigation.
Non-Specific.
7 pages. Written:
2007. Added:
9-10-2008.
For The Defense
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Civil Trial Practice
An Annotated “Model” Settlement Agreement, by
George Parker Young, Todd Baker & Josh Borsellino.
This article highlights the major issues inherent
in drafting a settlement agreement under Texas law, and offers possible solutions to many of those problems through the use of “model” settlement provisions included with the article.
Texas.
8 pages. Written:
2007. Added:
9-09-2008.
Advocate
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e-Discovery
Beware: Your Company's Duty to Preserve, Collect, and Produce Electronically Stored Information Held by Third Parties, by
Ronald C. Wernette.
Most of the litigation dealing with the loss of digital information addresses the failure of a party to preserve and collect the data after it was under a legal obligation to do so. The scope of that legal obligation is still not fully understood by many organizations: it includes ESI held by third parties in many circumstances. This article briefs the circumstances.
Non-Specific.
1 pages. Written:
2008. Added:
9-04-2008.
bowmanandbrooke.com
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