News
Fifth Circuit: Mobile Phones Exempt From Stored Communications Act
February 3, 2013
Garcia vs. City of Laredo (5th Circuit - December 12, 2012) On appeal, the Fifth Circuit affirmed the district court’s interpretation of the Stored Communications Act (“SCA”) and concluded that it does not apply to data stored in a personal cell phone. Plaintiff was previously employed as a police dispatcher for the City of Laredo. On November 15, 2008, Plaintiff’s cell phone was removed from her unlocked locker by an officer’s wife who then shared its contents with the city’s...
February 3, 2013
Garcia vs. City of Laredo (5th Circuit - December 12, 2012) On appeal, the Fifth Circuit affirmed the district court’s interpretation of the Stored Communications Act (“SCA”) and concluded that it does not apply to data stored in a personal cell phone. Plaintiff was previously employed as a police dispatcher for the City of Laredo. On November 15, 2008, Plaintiff’s cell phone was removed from her unlocked locker by an officer’s wife who then shared its contents with the city’s...
Free Speech Protection for Social Media
February 3, 2013
The National Labor Relations Board (NLRB) has issued a number of rulings that protect employees’ right to express their opinions on Social Media. The New York Times reported that NLRB Chair Mark Pearce noted that "federal law has long protected the right of employees to discuss work-related matters": Many view social media as the new water cooler,…All we’re doing is applying traditional rules to a new technology. The NLRB relies on the 1935 National Labor Relations Act which protects...
February 3, 2013
The National Labor Relations Board (NLRB) has issued a number of rulings that protect employees’ right to express their opinions on Social Media. The New York Times reported that NLRB Chair Mark Pearce noted that "federal law has long protected the right of employees to discuss work-related matters": Many view social media as the new water cooler,…All we’re doing is applying traditional rules to a new technology. The NLRB relies on the 1935 National Labor Relations Act which protects...
Tweets Affect Damages in Georgia Car Accident Case
February 3, 2013
Carefree Twitter messages about traveling and partying held down damages awarded by a Gwinnett County State Court jury to a woman who was injured in a car accident, said attorneys in the case. The jury returned a $237,000 verdict—apportioned down to $142,000—to plaintiff Omiesha Daniels, far less than the $1.1 million she had sought. In the crash, Daniels, 22, broke her arm and incurred a forehead laceration that resulted in a scar. She claimed the injuries inhibited her ability...
February 3, 2013
Carefree Twitter messages about traveling and partying held down damages awarded by a Gwinnett County State Court jury to a woman who was injured in a car accident, said attorneys in the case. The jury returned a $237,000 verdict—apportioned down to $142,000—to plaintiff Omiesha Daniels, far less than the $1.1 million she had sought. In the crash, Daniels, 22, broke her arm and incurred a forehead laceration that resulted in a scar. She claimed the injuries inhibited her ability...
Increasing Access with Tech: Report from the LSC Tech Summit
February 3, 2013
This week I attended the second of two Legal Services Corporation (LSC) Technology Summits. The overall mission presented in these Summits was: "Use technology to provide some form of effective assistance to 100% of persons otherwise unable to afford an attorney for dealing with essential civil legal needs." I want to share some of the progress of this Summit towards this goal because I believe virtual lawyers and elawyering from the private bar are key components in using technology to increase...
February 3, 2013
This week I attended the second of two Legal Services Corporation (LSC) Technology Summits. The overall mission presented in these Summits was: "Use technology to provide some form of effective assistance to 100% of persons otherwise unable to afford an attorney for dealing with essential civil legal needs." I want to share some of the progress of this Summit towards this goal because I believe virtual lawyers and elawyering from the private bar are key components in using technology to increase...
The Mediator is Queen of the Room!
February 2, 2013
On a recent episode of CBS's the Good Wife, the confusion between mediation and arbitration was once again on display. Firstly, I do not watch the show but rather it was mentioned on the very popular John Jay College Dispute Resolution Listserv. By the way, you do not have to be a student of John Jay, nor be in the NYC area to be on the listserv- sign up [here]. So what happened on the episode? According to one person's account, and she shared it on the listserv, was the "mediator" described...
February 2, 2013
On a recent episode of CBS's the Good Wife, the confusion between mediation and arbitration was once again on display. Firstly, I do not watch the show but rather it was mentioned on the very popular John Jay College Dispute Resolution Listserv. By the way, you do not have to be a student of John Jay, nor be in the NYC area to be on the listserv- sign up [here]. So what happened on the episode? According to one person's account, and she shared it on the listserv, was the "mediator" described...
Mediator Town Hall Invites Discussion of Los Angeles ADR Closure
February 2, 2013
I approached SCMA with the idea of doing a Town Hall in 2003 when the mediation community was divided like the red sea over the Rojas v. Superior Court Case. That case pitted the confidentiality of the mediation process (and the evidence of mold discovered during a mediation, and its eventual remediation) against the needs of the families who had mold spores in their lungs and no way to prove liability, short of breaking the confidentiality of the underlying mediation. That year, SCMA and CDRC,...
February 2, 2013
I approached SCMA with the idea of doing a Town Hall in 2003 when the mediation community was divided like the red sea over the Rojas v. Superior Court Case. That case pitted the confidentiality of the mediation process (and the evidence of mold discovered during a mediation, and its eventual remediation) against the needs of the families who had mold spores in their lungs and no way to prove liability, short of breaking the confidentiality of the underlying mediation. That year, SCMA and CDRC,...
Review: 1Password – password manager for iPhone and iPad
February 2, 2013
Review: 1Password - password manager for iPhone and iPad http://goo.gl/YHA07
February 2, 2013
Review: 1Password - password manager for iPhone and iPad http://goo.gl/YHA07
Is it Legal Malpractice to “Not Be Good With Computers?”
February 2, 2013
Is it Legal Malpractice to “Not Be Good With Computers?” http://thedroidlawyer.com/2013/01/is-it-legal-malpractice-to-not-be-good-with-computers/
February 2, 2013
Is it Legal Malpractice to “Not Be Good With Computers?” http://thedroidlawyer.com/2013/01/is-it-legal-malpractice-to-not-be-good-with-computers/
FTC Concludes that Google Does Not Violate Antitrust Laws
February 2, 2013
The FTC and Google reached a landmark agreement regarding allegations of antitrust behavior by Google regarding Google search engine. But also the settlement allows competitors of Google’s “on fair, reasonable, and non-discriminatory terms – to patents on critical standardized technologies needed to make popular devices such as smart phones, laptop and tablet computers, and gaming consoles.” The FTC included the following statement about Google’s search engine: The evidence the FTC uncovered...
February 2, 2013
The FTC and Google reached a landmark agreement regarding allegations of antitrust behavior by Google regarding Google search engine. But also the settlement allows competitors of Google’s “on fair, reasonable, and non-discriminatory terms – to patents on critical standardized technologies needed to make popular devices such as smart phones, laptop and tablet computers, and gaming consoles.” The FTC included the following statement about Google’s search engine: The evidence the FTC uncovered...
A Model Litigation Finance Contract
February 1, 2013
A Model Litigation Finance Contract http://litigationfinancecontract.com/litigation-financing-and-time-dilution/
February 1, 2013
A Model Litigation Finance Contract http://litigationfinancecontract.com/litigation-financing-and-time-dilution/
