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Wednesday, February 20, 2008

After Wins, Obama Is Focus of McCain and Clinton

After Wins, Obama Is Focus of McCain and Clinton

Published: February 20, 2008

The Democratic contenders on Wednesday both focused their campaigns on Texas, which has emerged as a critical race for the campaign of Senator Hillary Rodham Clinton.

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With Senator Barack Obama having won primaries in Wisconsin and Hawaii on Tuesday by broad margins across nearly every voter group, Mrs. Clinton has now lost 10 contests in a row since splitting votes and delegates with him on Super Tuesday, Feb. 5. Mrs. Clinton's aides have calculated that she must win the party's next two major contests, in Texas and Ohio, on March 4.

Senator John McCain, all but assured of the Republican nomination, is in Ohio on Wednesday. Mr. McCain has turned his attention to Mr. Obama, calling on him to pledge to abide by the limits of public financing for the campaign.

Mrs. Clinton also focused on Mr. Obama as she went on the offensive early Wednesday in a speech at Hunter College in Manhattan, arguing that her rival has substituted rhetoric for practical experience.

"It is time to get real," Mrs. Clinton, of New York, said. "To get real about how we actually win this election and get real about the challenges facing America. It's time we moved from good words to good works, from sound bites to sound solutions."

It is a familiar theme, but Mrs. Clinton delivered it with fresh intensity after the crushing defeats in Wisconsin and Hawaii on Tuesday.

Mrs. Clinton spent Wednesday morning in New York raising money before flying to Texas to campaign. Voters in Texas and Ohio, along with Rhode Island and Vermont, go to the polls in less than two weeks in contests that Democratic strategists say Mrs. Clinton must win if she is to have any hope of capturing the nomination.

Mr. Obama sought to counter Mrs. Clinton's charges at a campaign appearance on Wednesday afternoon in Dallas, saying "it is time to move beyond the politics of yesterday."

"Today, Senator Clinton told us that there was a choice in this race and you know, I couldn't agree with her more," Mr. Obama said. "But contrary to what she's been saying, it's not a choice between speeches and solutions, it's a choice between a politics that offers more of the same divisions and distractions that didn't work in South Carolina and didn't work in Wisconsin and will not work in Texas."

"Or a new politics of common sense, of common purpose, of shared sacrifice and shared prosperity," he said. "It's the choice between having a debate with John McCain about who has the most experience in Washington or having a debate about who's most likely to change Washington."

One day after victories in Wisconsin and Hawaii, Mr. Obama drew about 17,000 people to a rally at the Reunion Arena in downtown Dallas. While the primary is on March 4, early voting began on Tuesday and Mr. Obama encouraged his supporters to cast their ballots soon.

"As this movement continues, as this campaign builds strength, there are those who will tell you not to believe," Mr. Obama said. "There are those who will tell you it can't be done."

Saying he offered voters a chance to break from the policies of the past years, including the war in Iraq and the current economic situation, Mr. Obama said the race was a choice "that is not just about turning a page on the politics of the past but of turning the page on the policies of the past."

David Plouffe, the campaign manager for Mr. Obama, said that Mr. Obama had amassed a 159-delegate lead over Mrs. Clinton, based on his campaign tally. Following a win in Wisconsin by 17 percentage points, Mr. Plouffe said Mrs. Clinton would need to win in Texas and Ohio by double-digits to gain an edge in the fight for delegates.

"We have opened up a big and meaningful delegate lead," Mr. Plouffe said, speaking in a conference call with reporters. "They are going to have to win landslides to reverse it."

Reflecting Mr. Obama's lead on the Democratic side, Mr. McCain focused his criticism on him during a news conference in Columbus on Wednesday. He pounded Mr. Obama yet again for his commitment in writing a year ago to accept public funds for the general election about $85 million for each candidate — if the Republican nominee did the same. In doing so, Mr. Obama would have to surrender a phenomenal advantage in fund-raising and accept the limits of public financing.

Mr. McCain, who was the only other presidential candidate to sign on to the pledge, was responding to a column by Mr. Obama in USA Today on Wednesday in which the candidate wrote that he remained open to public financing, but that he was concerned about the spending of outside groups on behalf of candidates and that he wanted to reach a "meaningful agreement" with whoever is the Republican nominee. But he did not expect, he wrote, "that a workable, effective agreement will be reached overnight."

As conditions for such an agreement, Mr. Obama wrote that candidates "will have to commit to discouraging cheating by their supporters; to refusing fund-raising help by outside groups; and to limiting their own parties to legal forms of involvement."

Mr. Obama has broken all political fund-raising records in this election he has taken in more than $150 million so far, $36 million in January alone, and Mr. McCain's advisers have privately questioned why he would disarm himself of that advantage and not spend the prodigious amounts he has raised on his own. Mr. McCain, who raised $12 million in January, appears to be preparing for that possibility, but in the meantime is attacking Mr. Obama as someone who could not keep his word and should bear the responsibility for breaking the pledge.

If Mr. Obama or Mrs. Clinton do not accept public financing in the general election, Mr. McCain said, "I obviously would have to re-evaluate."

As the war of words continued throughout the day, Bill Burton, Mr. Obama's national campaign spokesman, e-mailed reporters with the retort that Mr. McCain, who has built a large part of his political persona around limiting the amount of money spent on campaigns, has not accepted public financing for the primaries and caucuses. On that score, neither has Mr. Obama.

Reporting was contributed by John M. Broder in New York, Elisabeth Bumiller in Columbus, Ohio, and Jeff Zeleny in Texas.

Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional  en lobby y rse  y están disponibles para OTEC Y OTIC en Chile

ask of Shooting Down Satellite Begins

Task of Shooting Down Satellite Begins

Published: February 20, 2008

WASHINGTON — The many moving parts of a mission to shoot down a dying spy satellite with an anti-missile interceptor lined up Wednesday after the space shuttle Atlantis returned to Earth, officials said.

Military officials were reviewing the weather in the Pacific Ocean to determine if the operation could be launched overnight on Wednesday, as rough seas west of Hawaii prompted officials to caution that the attempt to destroy the satellite, carrying 1,000 pounds of toxic rocket fuel, might be delayed.

The goal of the mission is to prevent the fuel tank from reaching Earth and spilling its hazardous contents in a populous area. In the event that any of the hydrazine fuel falls on a populated area, the Federal Emergency Management Agency on Wednesday issued directions to community first responders on how to deal with dangerous debris from the satellite.

Military officials said their goal was to carry out the mission before March 1, when the satellite is predicted to start skidding against the upper reaches of the atmosphere. That initial friction would bump the satellite into a more unpredictable orbit around the Earth, even before it starts a fiery descent through the atmosphere.

Providing new information about how the mission would be carried out, a senior military officer on Wednesday described the vessels, weapons and command structure for the unusual operation, the first time an interceptor designed for missile defense would be used to attack a satellite. The senior military officer briefed reporters on condition of anonymity.

The officer said that three Navy warships were in position in the Pacific Ocean to launch the interceptors, and that radar and other tracking equipment, both in space and on the ground, were being monitored at Vandenberg Air Force Base, in California, and at a space command headquarters in Colorado Springs.

The operation is being controlled from the Strategic Command headquarters in Omaha, Neb., with additional monitoring of information transmitted from the interceptor managed by the Pentagon's Missile Defense Agency.

Although the satellite circles the globe every 90 minutes, analysts have pinpointed a single overhead pass each day that would offer the best chance of striking it and then having half of the debris fall into the atmosphere during the very next three orbits over water or less-populated areas of the Earth.

Defense Secretary Robert M. Gates, who left Washington on Wednesday for a week of meetings in Asia, has been empowered by President Bush to issue the order to shoot down the satellite. Officials said Mr. Gates would have to weigh the opportunity of success against the many risks — including weather, technical problems and even world politics — before issuing the order.

Given rough seas on Wednesday, it was likely the mission would await at least a day. As the deadline approaches, officials said, such moderate risks as high seas might be overlooked.

The senior military officer said the mission would be launched in daylight to take advantage of radar, heat-sensor tracking and even visual tracking equipment.

When the order is given to carry out the mission, the Navy will have a window that lasts only tens of seconds as the satellite passes overhead, the senior military officer said.

An Aegis cruiser, the Lake Erie, has two Standard Missile 3 rockets on board that have been adapted to track the cold satellite, as opposed to the heated enemy warheads for which it was designed. A second Aegis ship, the Decatur, has a third missile as back-up, and another Navy vessel, the Russell, is sailing with the convoy for added tracking capabilities — what the senior military officer described as providing a "stereo picture."

Separately, a Pentagon spokesman, Bryan Whitman, dismissed suggestions that the operation was designed to test the nation's missile defense systems or antisatellite capabilities, or that the effort was to destroy sensitive intelligence equipment.

"This is about reducing the risk to human life on Earth — nothing more," Mr. Whitman said.

While officials should be able to determine within minutes of the launch whether the satellite was hit by the interceptor, which carries no explosive but strikes with destructive force, it may take a day or more to determine whether the fuel tank with 1,000 pounds of toxic Hydrazine was destroyed. Any decision to launch a second or third missile may take several days.

The 5,000-pound satellite, roughly the size of a school bus, is managed by the National Reconnaissance Office and went dead shortly after it was launched in December 2006.

FEMA on Wednesday issued an 18-page instructions document, "First Responder Guide For Space Object Re-Entry," to help local authorities deal with debris from the satellite should it fall in their areas. "The satellite that is degrading from orbit has hazardous materials on board that could pose immediate hazards to people if they come in contact with the material," the FEMA document states. "Any debris should be considered potentially hazardous, and first responders should not attempt to pick it up or move it. First responders should secure a perimeter and control access around any debris. DO NOT pick up any debris."

The document describes specific dangers posed by the hazardous material, what protective clothing is required for emergency workers in the vicinity, and how to manage populations near a site where debris falls.

Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional en lobby - rse  y están disponibles para OTEC Y OTIC en Chile

Tuesday, February 19, 2008

LAS LEYES DE TEXAS, INFORMACION RELEVANTE

pARA LOS QUE TIENEN NEGOCIOS EN TEXAS, EMPRESARIOS, ABOGADOS ...
 
Sitios para encontrar datos e información estadística sobre leyes de Texas, justicia criminal y el crimen en Texas:
 
el Departamento de Justicia Criminal de Texas, el Departamento de Seguridad Pública (DPS), la Junta de Justicia Criminal de Texas y la Comisión de Estándares Carcelarios de Texas.

Recursos
Estadísticas Criminales
Sitio actualizado por el Departamento de Justicia Penal de Texas. Enlaces a datos de estadística y divisiones.

Departamento de Seguridad Pública - DPS
El Departamento de Seguridad Pública (DPS) es la agencia de la policía del estado. Entérese más sobre la manera en que el DPS cumple su meta de mantener la seguridad pública en el estado.

Consejo de Justicia Criminal de Texas
El Consejo de Justicia Criminal de Texas es nombrado por el gobernador para supervisar a el Departamento de Justicia Criminal de Texas.

Comisión de Pautas para Cárceles de Texas
Información sobre las normas mínimas para cárceles, cambios propuestos, capacitación, informes de la población encarcelada y más...
Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional EN LOBBY Y LA RSE  y están disponibles para OTEC Y OTIC en Chile

Monday, February 11, 2008

Putting Candidates Under the Videoscope

Putting Candidates Under the Videoscope

ABC News

"Off-air reporters" like Eloise Harper produce many video clips of candidates.

Published: February 11, 2008

One late night last November, Mitt Romney, campaigning in Greenville, S.C., was approached by three young women in bright matching outfits looking for a hug. Mr. Romney, thinking they were cheerleaders from nearby Clemson University, obliged.

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ABC News

Candid moments on the campaign trail. Above, Sen. Hillary Clinton with an Elvis impersonator and John Edwards pointing at an ABC reporter.

The young women worked at a Hooters restaurant. Unfortunately for Mr. Romney, Scott Conroy, who works for CBS News, filmed the hug with his Sony hand-held camera and sent the image to the television network's political desk in New York. The video was published online the next morning. "You're standing there doing your job, and all of a sudden Mitt Romney's hugging Hooters girls. It's one of the times you're glad you're filming," Mr. Conroy recalled.

Mr. Conroy, whose job title is "off-air reporter," (because he does not normally appear on television) is one of many young journalists hired by the networks to follow the candidates across the country, filing video and blog posts as they go. Originally hired to cut expenses — their cost is a fraction of a full television crew's — these reporters, also called "embeds," have produced a staggering amount of content, especially video. And in this election cycle, for the first time, they are able to edit and transmit video on the fly.

As a result, the embeds have changed the dynamic of this year's election, making every unplugged and unscripted moment on the campaign trail available for all to see. One particular video shot of American flags tilting over behind Hillary Rodham Clinton last November has been viewed more than 300,000 times on the ABC News Web site. A video of the Fox News host Bill O'Reilly shoving a member of Barack Obama's staff at a New Hampshire campaign rally has drawn almost 150,000 views on YouTube.

"There have always been cameras around campaigns. What is different now is how much more portable they've become and how much more prevalent," said Eric Fehrnstrom, who was the traveling press secretary for Mr. Romney's campaign until the Republican candidate dropped out last week.

Through cable television, network news sites and video sharing sites, these unexpected and unguarded moments at rallies and during campaign stops have become part of the narrative of the election. The campaigns themselves are well aware of how video clips can magnify a mistake or attach a faux pas permanently to the candidate.

"Whether it's a metaphor for the campaign or just a funny moment from the trail, there's a lot of demand for that kind of stuff," said Aaron Bruns, a political embed for Fox News Channel.

The methods of the off-air reporter trade are also increasingly being used as networks look for new ways to expand coverage while cutting costs.

Bulky satellite transmission units are gradually being replaced by portable broadband-based gear. Last year, ABC News assigned seven young journalists to serve as one-person bureaus in foreign countries where the network had not previously assigned correspondents. Fox News Channel has promoted technology that allows it to broadcast live reports from a moving vehicle.

Athena Jones of NBC News is, at 31, one of the oldest off-air reporters employed by the networks. She summed up the attitude of her colleagues: "We have a lot of mouths to feed. If you feed something in, someone will probably find a place for it in the 24-hour cable news beast."

Until January, off-air reporters like Mr. Conroy and Ms. Jones were the only television producers traveling with the presidential contenders. Since the Iowa caucuses, larger crews have followed the leading candidates to most campaign events, but the off-air reporters still film the rope lines and photo opportunities that are seemingly more intimate events for the candidates. The off-air reporters for ABC even post their itineraries on the social networking Web site Facebook.

"We basically keep our eyes and ears open at all times," said Eloise Harper, the ABC News off-air reporter who shot the video of the flags falling behind Senator Clinton. "We're always watching the candidates."

The emergence of off-air reporters dates to 1988, when the networks sought to save money by sending full TV crews to only some campaign events. Partly because most off-air reporters are relatively young and not members of a union, they create some cost savings for networks.

The off-air reporter role became especially prominent in 2004 when NBC News renamed them "campaign embeds," in an allusion to the embedding of correspondents during the Iraq war. During that election, hand-held cameras became ubiquitous, but the reporters did not have a ready-made outlet for their video.

Four years later, the 2008 presidential campaign is being conducted in the era of YouTube. Spurred by the proliferation of inexpensive hand-held video cameras and broadband Internet access, the dispatches that were once distributed internally are now published on blogs, and the video clips that would have wound up on the cutting room floor are posted on Web sites.

The ubiquitous camcorders and immediate Internet access do make the campaigns more wary of potential pitfalls. If a candidate becomes irritated during a newspaper reporter's interview, the instance may merit only a sentence in the next day's article. But if the exchange takes place in front of video cameras, "It gets put on the Internet for the whole world to see, not just for that day's news, but repeatedly over time," Mr. Fehrnstrom said.

Stephen Hess, a professor of media and public affairs at The George Washington University, noted that many people now own cellphones with picture- and video-taking abilities.

Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

Breaking News Alert

Breaking News Alert
The New York Times
Sunday, February 10, 2008 -- 7:58 PM ET
-----

Obama Wins Maine, Giving Him 4 Victories in Weekend

Senator Barack Obama defeated Senator Hillary Rodham Clinton
in the Maine caucuses on Sunday, giving him his fourth
victory this weekend as he headed into three more state
contests on Tuesday.

Voter turnout in parts of Maine was reported to be strong on
Sunday afternoon, despite a snowstorm. The Portland Press
Herald reported on its Web site that there were long lines at
the caucus in Portland, while a large crowd in Cape Elizabeth
delayed the start of the caucus there by more than an hour.

Read More:
http://www.nytimes.com/?emc=na

-----
Visit our mobile site for the latest news:
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Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

Sunday, February 10, 2008

Bringing Laterals Onboard


Bringing Laterals Onboard

Bruce MacEwen has a lengthy post about how law firms are bringing laterals into the fold.   Notably, different firms look for different characteristics when bringing in laterals.  Some firms look at capability, rather than clients or book of business, at the recruitment stage.  Others look for laterals with complementary business that can help jump-start a practice area.  One firm, Orrick, uses a "fishbowl approach:"

The fishbowl takes place near the end of recruitment. According to partner Peter Bicks, who heads recruiting efforts in New York, what comes before it is exhaustive. After initial interviews with a lateral candidate, several partners prepare a memo of at least five single-spaced pages, which is shown to both the candidate and to all Orrick partners. The memo covers the candidate's personal background, client relationships, compensation and billings history, and time spent on nonclient matters. It also includes proposed compensation at Orrick and two to three years of economic projections.

From Macewen's perspective, firm culture is most important.  He writes:

Laterals need to be a fit, or their half-life will be nasty, expensive, and short. Invest your own time and that of your most senior colleagues, and indeed, invest the time of everyone who will "touch or concern" the new arrivals.

As with everything else, when it comes to laterals, ultimately, it's all about building and establishing personal relationships.

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Posted by Carolyn Elefant on February 8, 2008 at 01:23 PM | Permalink | Comments (0)

More Fights About Pro Bono Fees

If you're a fan of the tree falling in the forest genre of riddles, consider this one: If a law firm seeks recovery of fees at its standard rates for a case that it originally accepted on a pro bono basis, does the work still count as pro bono?  That's a question that I've twice posted about, here and  here.  And as this National Law Journal story reports, it's a question that crops up with increasing frequency as more large firms seek large fees for pro bono work. 

As the NLJ article describes, Seattle-based law firm Davis Wright Tremaine filed a petition to recover nearly $1.8 million in attorneys fees for representing the plaintiffs in PICs v. Seattle School District.  The plaintiffs successfully challenged the constitutionality of the Seattle Public Schools' (SPS) policy of using race to determine which school students could attend.  The SPS opposes Davis Wright Tremaine's request, arguing that seeking payment is "disingenuous" because the firm held itself out as representing the clients pro bono.  However, Davis Wright defends its position, asserting that its clients asked the firm to pursue recovery of fees, which is a well-established civil rights remedy.

There is precedent for a large fee award, however. Last year, Skadden, Arps, Slate, Meagher & Flom received $1 million in fees in a pro bono suit on behalf of workers who sued a restaurant for failing to pay their tips.  The firm recovered $700,000 for the workers in addition to the $1 million fee award.  Skadden did not keep the fees, but donated the money to nonprofit groups.  Daniel Hochheiser, who represented the restaurant criticized the court's judgment, asserting that:

you also had a large law firm telling everybody that they're doing the case pro bono...
The general understanding of pro bono is that you're volunteering your time and effort without compensation, or without expectation of compensation."

Firms have frequently sought fees for pro bono cases.  But the difference now is that large firm billing rates have skyrocketed.  As such, the amounts sought in pro bono matters today are much greater than they were in the past.  Moreover, with so many more young lawyers desperate for hands-on experience, my own guess is that many pro bono cases are now more heavily staffed by less experienced attorneys, who run up more hours.

I don't have a problem with firms that handle cases pro bono and recover fees that are then donated to a pro bono organization.  Since the firms aren't obtaining a financial benefit, then their work is still fairly characterized as pro bono

At the same time, even if firms perform work pro bono, that shouldn't give them carte blanche for an exhorbitant fee request.  Courts need to closely scrutinize the bills submitted by firms for pro bono work -- particularly because the client isn't paying the bill.  In ordinary situations where a client pays a lawyer, the client's budget limits the size of the bill.  When clients pay, firms can't overstaff or pursue every single deposition or defense because the clients won't always authorize those expenditures.  By contrast, where a firm uses a pro bono matter as training and the client doesn't pay, a bill can easily get out of hand and well exceed what a reasonable client would have paid for the same service.   In awarding fees for pro bono work, the court needs to keep in mind what a reasonable client would have paid for comparable service, and not what a large firm, working on a "sky's the limit" budget ultimately asks for in its fee petition.

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Posted by Carolyn Elefant on February 8, 2008 at 12:59 PM | Permalink | Comments (0)

The Last of the LegalTech Blog Posts

LegalTech New York '08 concluded yesterday, but the blogger dispatches keep coming.  Arnie Herz of Legal Sanity describes his experience at LegalTech in this post, which opens with these remarks:

I'm no Luddite. Some have even suggested that I've hot glued my Blackberry to my hand. Still, I'd be stretching it more than a bit if I called myself a techie. It's my general belief that people should connect more with one another and less with their gadgets.  Nonetheless, yesterday, I found myself happily taking in the sights and sounds of LegalTech New York. Although there was a free breakfast offer, I was actually drawn there to share the company of fellow law.com bloggers, including Carolyn Elefant, Rees Morrison, Robert Ambrogi, Monica Bay.

Visit the rest of Herz's posts to learn about some of the other highlights of the exhibit hall.

In the meantime, at the EDD Blog Online, Jeff Fehrman links to this story on one of the Tech Show e-discovery panels.  One panelist, Andrew Drake, senior counsel for discovery management at Nationwide, expressed disbelief that many in-house counsel did not yet realize that content stored in e-mail constitutes a record that must be preserved for, or produced in e-discovery.  Another panelist, Thomas Lidbury, a partner at Mayer Brown, found that most companies could not figure out how to deal with legal holds on documents, so they wind up retaining backup tapes longer than necessary.  The verdict: Most companies remain either clueless about, or resistant to implementation of an e-discovery compliant document preservation system.

Please let us know whether you enjoyed our live blogging of LegalTech and if you'd be interested in more live content in the future.

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Posted by Carolyn Elefant on February 8, 2008 at 12:39 PM | Permalink | Comments (0)

LTNY 2008: Google Goes to LegalTech, and LegalTech Goes Global

Thursday afternoon marks the end of LegalTech New York 2008, and also of Legal Blog Watch's special coverage of the show. We'll be back to our regularly-scheduled programming Friday, but there's one more LegalTech blogger we need to highlight before we go. Law Department Management's Rees Morrison has been covering the events at the Hilton, and picked up on a few interesting (non-swag related) sights on the show floor.

-- Google was there. The search giant was showing off its Postini software for pre-filtering e-mails, and Rees talked with them about using it in knowledge management efforts. Google acquired Postini last September, and Google's Patent search has been available for some time now. The search giant has done pretty well with its book project, if not without controversy. How long will it be before they get into the legal research space?

-- LegalTech is international. Rees spoke with a Brazilian matter management software company called Tedesco Tecnologia, which has law department clients in 32 countries, he says. We spoke with Glyn Williams, CEO of New Zealand-based Onstream Systems, who told us some of his biggest clients are in Brussels, using legal redaction software in European Union proceedings. It's not enough for vendors to think about clients the next state over anymore. Legal work is global, and its technology must be too.

That's it from LTNY 2008! If you made it to the show, we hope you survived. If you didn't, there's always LegalTech West Coast, coming up June 26-27 in Los Angeles.   

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Posted by John Bringardner on February 7, 2008 at 04:10 PM | Permalink | Comments (0)

LTNY 2008: "EDD Uncertainty Looms Over LegalTech"

"EDD uncertainty looms over LegalTech," writes Law.com technology editor Sean Doherty.

It's no surprise that e-discovery continued to be front and center at LegalTech New York again this year. This persistent emphasis stems from the 2006 amendments to the Federal Rules of Civil Procedure, which bring uncertainty and unpredictability to e-discovery outcomes for corporations and law firms alike.

These same issues have been around since 2006 and before, but Legal Blog Watch's Bob Ambrogi explains in this videocast, "there's a lot of energy around e-discovery, and a lot of refinement of what's going on in e-discovery." Why now? It takes time for new rules to sink in, but well-publicized incidents like the Qualcomm debacle have made a real impact, as has the cost involved. Corporations have decided they don't want to pay inflated prices for their outside counsel to hire temp attorneys for e-discovery work. "'It's a profit opportunity for many firms," Robert Bjornsti, vice president at AXA Equitable Life Insurance Company, told a packed audience at LegalTech New York,' reports Karen Donovan on Portfolio.com.

The AXA executive's speech preached a "new paradigm" for using outside counsel, which he delicately suggested will "affect law firm profitability." Bjornsti told the crowd he wants to be free to hire smaller, cheaper law firms from, say, Peoria, Illinois, rather than be tied to the "marquee" firms in big cities. Marquee firms have the "scale" required for complicated discovery processes, that feature comes at an increasingly unpalatable price: as much as $1,200 an hour for senior partners. Bringing discovery in house opens the door to hiring less-expensive litigators, he said. At any rate, corporations are usually better equipped to handle massive amounts of data than law firms, because corporate IT departments "bigger than the entire law firm, very often," he said.

It's a point not lost on IT teams. InformationWeek's Information Management Blog visited LegalTech, and came back with this lesson: "If your IT department isn't pals with legal, now's the time to strike up a friendship." The goal is to help avoid legal headaches down the line, but the relationship can be a "friendship with benefits," IW says. "The money for e-discovery hardware and software often comes from legal budgets. And the policy and processes that define an e-discovery system can form the groundwork of an information lifecycle management (ILM) strategy—resulting in further efficiencies in storage management." 

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Posted by John Bringardner on February 7, 2008 at 03:34 PM | Permalink | Comments (0)


Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

Thursday, February 07, 2008

LTNY 2008: "B-Discovery"

LTNY 2008: "B-Discovery"

Buying, testing and talking new technology is only half the fun of LegalTech, as most regulars can attest. The other half is networking, which comes in many forms. Monica Bay gives some practical advice in this West videocast. But there's still plenty of time to swap business cards off the show floor using one of our favorite technologies, "B-discovery." As in bar discovery. Mark Reichenbach gives us the lowdown on B-discovery, alongside a few notes on rude New Yorkers, while Chris Dale discovers LegalTech (and a pint of Guinness) can make a Brit feel right at home in the Big Apple.

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Posted by John Bringardner on February 6, 2008 at 01:55 PM | Permalink | Comments (0)

LTNY 2008: LegalTech Seminar -- "Authenticating Digital Evidence"

After a brief departure, we're right back on the EDD bandwagon. LTN's newest editor, Katie Montgomery, reports from this morning's seminar, "Authenticating Digital Evidence," presented by Neil Aresty and Jason Velasco, both of Merrill Legal Solutions; Michael Arkfeld, of Arkfeld and Associates; Paul W. Grimm, Chief Magistrate Judge of the U.S. District Court in Maryland; George Paul, a partner at Lewis & Roca in Phoenix and chair of the firm's E-Discovery and Data Management Group; and Leslie Wharton of Arnold & Porter

Because digital data (and its metadata) can be tampered with, providing reasonable proof that a document can be authenticated rests on more traditional witnesses and circumstances as well as with the IT experts (Paul Grimm has written a book on it). Leslie Wharton noted that "the threshold for establishing authenticity is very low"--a witness noting that they recall sending or receiving an email is often sufficient.  Still, you don't want to get caught out when it's crucial that you be able to make your case, so don't discount metadata as an important way to support the veracity of a file. 

Of course, you've still got to make sure no one has messed with your metadata.

             
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Posted by John Bringardner on February 6, 2008 at 01:14 PM | Permalink | Comments (0)

LTNY 2008: Tired of EDD? Try Intrasocial Networking

Ross Ipsa Loquitor's Ross Kodner is tired of e-discovery-all-the-time, and he's not alone

It's probably not particularly hip to say this, but I'm really tired of all the emphasis on the ED topic - all ED, all the time. It just sucks the oxygen out of so many other important legal technology topics. Many lawyers just don't deal with it (maybe they should, but in mainstream legal America, especially in smaller firms who still do represent the largest base of legal population, it's just not in the center of people's radar screens).

In spite of his choice of acronym for electronic discovery (there's a reason  we throw in that otherwise superfluous "D" for data to make it "EDD"), Kodner makes a good point: There are other topics in legal technology that are just as important -- or more so -- for most lawyers. So what got Ross most excited at the show yesterday? "Of all companies, it was Microsoft."

I sat in on a Microsoft session entitled, "SharePoint 2007 for Service Delivery and Handshake Software's DM Director." Now, I'm as intrigued by the SharePoint concept as the next legal techie. I know it's probably important, but not entirely sure of exactly what it is, does, who would want it, etc. Well, I'm no longer in the dark and I'm ready to drink the SharePoint Kool-Aid from the nearest fire-hose. What I saw in that 45 minutes this afternoon was nothing short of a freaking complete revolution in the way law practices can be electronically managed. Pardon the hyperbole, but I really mean it. Gad.

Kodner's buzz-phrase for 2008: "intrasocial networking." He has seen the future, "powered by very clever people at Microsoft" -- a company once known for being utterly clueless about the legal market. Who knew?

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Posted by John Bringardner on February 6, 2008 at 10:19 AM | Permalink | Comments (2)

LTNY 2008: Day One Reports

Law.com technology editor Sean Doherty has his first report online now. It's no surprise, but e-discovery took center stage.

Ltnyallman_003_2EDD consultant and former Mayer Brown counsel Thomas Allman (left) kicked off the show discussing rule-making and best practices in e-discovery. EDD is "exploding in direct proportion to the amount of electronically stored information available in litigation -- and is being fueled by the tremendous growth of e-mail as a business record," Doherty writes. The buzzwords for 2008 are already in: "collaboration" and "proportionality.'" Doherty also managed to get onto the show floor to meet with EDD vendors, and even a few non-EDD tech companies (they are in fact out there).

Make sure to check EDD Update, Law Technology News and Information Governance Engagement Area for the latest news on the flood of new product announcements, legal tech company mergers and show reports coming out of the Hilton. 

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Posted by John Bringardner on February 6, 2008 at 09:05 AM | Permalink | Comments (0)

Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

Sunday, January 06, 2008

The Incredible Shrinking NLRB


The Incredible Shrinking NLRB

That's what the Lawyers USA blog DC Dicta calls it, noting that the five-seat National Labor Relations Board will soon be down to only two members, Democrat Wilma B. Liebman and Republican Peter C. Schaumber. Former chairman Robert J. Battista's term expired Dec. 16, and members Peter N. Kirsanow and Dennis P. Walsh are serving in recess appointments that expire this month.

The shrinkage comes after a rocky 2007, the blog notes, "marked by a host of 3-2 decisions divided down party lines, a complaint issued against it by the AFL-CIO which claimed the board was systematically destroying the right of employees to unionize and conduct union activities, and a congressional hearing where members of the Board were called before U.S. lawmakers to explain the situation." Last week, the NLRB issued an announcement saying that the two remaining members would continue to issue decisions and orders by way of a delegation from the full board and that it had delegated temporary authority to the NLRB's general counsel over all litigation matters that would require board authorization.

Meanwhile, at his Employment Law Blog, Willamette law professor Ross Runkel has kicked off a 12-part series of posts examining the NLRB's legacy under President Bush. In the first, he considers the board's back-and-forth debate over whether to extend Weingarten rights to non-union workers. In the second, he discusses the board's December decision  upholding restrictions on the use of company e-mail for non-work solicitations. More to come from Runkel, all of which he will collect on this page.

Posted by Robert J. Ambrogi on January 4, 2008 at 11:02 AM | Permalink | Comments (0)

Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

Friday, January 04, 2008

Recent Posts fon legal blog watch

Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile

from legal blog wath


Time Again for More Criticism of the Billable Hour

It's one thing for lawyers to criticize the billable hour amongst themselves, as Scott Turow did with the publication of his essay, "The Billable Hour Must Die," in the ABA Journal.  But now, the debate over the billable hour has spilled over from lawyer publications into the mainstream press, with articles such as "The Scourge of the Billable Hour: Could Law-Firm Clients Finally Kill it Off?," that appeared online at Slate.com on January 2, 2008. 

The Slate piece makes an important, albeit obvious point: Despite persistent criticism of the billable hour by academics, lawyers and bloggers, the system won't change until clients demand a change. And according to the article, that's what clients are doing now.

As the article describes, clients' desires have always driven law firm billing practices. Hourly billing gained traction in the 1950s, partly to cater to clients who wanted more transparency. But law firms also realized that they could earn more money by billing more hours -- and thus, began increasing billable hour requirements and finding ways to encourage redundancy rather than efficiency. But now, tired of subsidizing law firm gravy trains, large corporate clients are forcing firms to offer alternative billing arrangements, such as flat fees, volume discounts and banning new associates from working on matters.

From the article, here's how the legal world might look if the trend away from the billable hour continues:

The top end of the spectrum will remain largely unchanged. Companies will still pay hourly rates to hire white-shoe law firms for specialized, bet-your-company kinds of work. On the opposite end, however, clients will stop taking their rote legal work to law firms altogether. Companies already outsource relatively simple matters like document review to consulting services. And as technology improves, more programs will let companies handle their own contracts online. In the murky middle between one-of-a-kind advice and dime-a-dozen contracts, the push for alternative arrangements will prevail.

In some ways, the legal world is changing already, and moving in this direction. As we described here, one Boston law firm has banned the billable hour entirely.  And as Indiana family law attorney Sam Hasler describes in this comprehensive post, many family law attorneys have adopted flat fee structures, finding that clients prefer these arrangements because they result in more predictable legal fees. 

At the same time, for every step forward, there are forces that hold the profession back. Old habits die hard, suggests Stephanie West Allen at Idealawg.  The lawyer brain, accustomed to grueling schedules and prone to workaholism, may resist the killing of the billable hour. Meanwhile, Barry Barnett at Blawgletter suggests that firms that can't handle this kind of complex litigation without a staff of 59 lawyers won't be offering alternative billing plans (like a contingency fee) anytime soon. 

So, is 2008 the year that we'll really see client pressure on firms to offer alternative billing, as Wired GC predicts?  Or, like the billable hour, is all of the continued talk of getting rid of it, simply redundant?

Posted by Carolyn Elefant on January 3, 2008 at 12:26 PM | Permalink | Comments (1)

Ouch -- D.C. Calls Former Lawyer and Supreme Court Litigator 'Not Indispensable'

"It's not as if one person is indispensable," said D.C. Attorney General Peter Singer to the Washington Post, explaining why his decision to fire Supreme Court litigator, Alan Morrison won't compromise the District's case before the Supreme Court in District of Columbia v. Heller. The case will address the question of whether the District's handgun ban violates the Second Amendment.  Ouch!  After all, if a Supreme Court advocate like Morrison, with twenty oral arguments under his belt and who played a substantial role in researching and drafting the District's 15,000 word brief due at the Court tomorrow is regarded as fungible, what hope is there for the rest of us?

As Tony Mauro reports at the Blog of the Legal Times, Morrison speculated that he was fired because he was viewed as a "loyalist" of Nickles' predecessor, Linda Singer, who resigned on December 21.  Nickles did not offer any additional explanation for firing Morrison, except to say that the District had decided to take a different direction in the case.  And to be fair, even without Morrison, the District's Supreme Court team still includes top talent like Tom Goldstein and Walter Dellinger, though apparently both are already booked for arguments in other cases before the Court this month and next.

What do you think?  With this kind of "dream team," does the elimination of one of the players make a difference?  Or will Nickles' decision to bench Morrison midway through the case compromise the District's chance of success at the High Court?

Posted by Carolyn Elefant on January 3, 2008 at 10:44 AM | Permalink | Comments (0)

A Lawyer Sitting With the Sharks

Some lawyer stereotypes -- such as the image of the lawyer as a shark -- are so pervasive that it's easier to embrace them rather than try to erase them.  And that's apparently what Bozeman, Montana family law attorney Chris Gillette decided to do, when he installed an eight ton shark tank in his office.  (H/T to Lowering the Bar.)  Gillette originally planned the shark tank as a joke, but then realized that it could also help create a more comfortable atmosphere for his clients, who are often dealing with stressful situations.  Of course, I don't quite understand Gillette's logic; after all, when I think of a soothing environment, a seat in close proximity to a shark tank doesn't come to mind.  At the same time, I suppose that a shark tank could help family law clients put their problems in perspective by making them realize that, bad as the court process may be, it's still better than being trapped in a tank with carnivorous fish.

In any event, based on this discussion at his Web site, Gillette doesn't seem shark-like at all.  Among other things, Gillette's Web site explains to clients that he acts cooperatively with opposing counsel and will, if appropriate, consider compromises and negotiations even if proposed by the other side. 

Posted by Carolyn Elefant on January 3, 2008 at 10:25 AM | Permalink | Comments (0)

America's Funniest Legal Videos, Online Now

Looking for a few laughs?  Well then, why settle for watching mediocre late-night TV shows that (with the exception of Letterman) remain without their writers, when you can chortle at the superior comedy of lawyers behaving hilariously at The Billable Hour's newly launched Video Venue. (H/T to Monica Bay at the Common Scold.)  According to The Video Venue (TVV), the site features video clips by, for and about lawyers, law students and legal professionals, that "can and will make you laugh, in a court of law or elsewhere." The site already includes over a hundred videos on topics such as billing, ethics, work/life balance and law school. 

To encourage lawyers to submit videos, TVV is running a contest, through January 31, 2008, to find the Funniest Legal Video on the Web, with a $50 gift certificate for the The Billable Hour online store as the grand prize. 

Posted by Carolyn Elefant on January 3, 2008 at 10:17 AM | Permalink | Comments (0)


Saludos
Rodrigo González Fernández
DIPLOMADO EN RSE DE LA ONU
www.Consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.el-observatorio-politico.blogspot.com
Renato Sánchez 3586
teléfono: 5839786
e-mail rogofe47@mi.cl
Santiago-Chile
 
Soliciten nuestros cursos de capacitación   y asesorías a nivel internacional y están disponibles para OTEC Y OTIC en Chile