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ABA Section of Litigation: Online Resources for Litigators
News, Analysis & Publications from the ABA Section of Litigation in a fresh new layout.
The Section of Litigation Diversity Leadership Award was established in 2008 to recognize those individuals or entities who have demonstrated a commitment to promoting full and equal participation in the legal profession through the encouragement and inclusion of women, minorities, persons with disabilities, and/or persons of differing sexual orientations and gender identities.
November 11, 2008: Professor Susan Martyn and practicing lawyer Lawrence Fox will discuss a variety of common ethics issues, and the steps you can take to handle them successfully.
Parties can't go beyond the grounds explicitly enumerated in the Federal Arbitration Act to vacate, modify, or correct an arbitration award.
Almost half of the chief legal officers surveyed say they plan to hire more in-house lawyers.
ABA TECHSHOW.blog
Internet Explorer, still the most popular web-browser today, has long been derided for its susceptibility to security exploits. Along came Firefox to challenge the dominant Windows browser, promising a more secure environment. Both browsers have now been revamping, issuing new versions and making sure to let end users know that security and privacy are top of mind in the development process. Because IE is part of the Windows operating system those running Windows must keep Internet Explorer up-to-date and patched ? even if it is not their primary browser. And, just because they do not seem susceptible to the high number of security holes, Firefox, Safari, Opera, Chrome and others must kept patched and up-to-date. What?s more, when was the last time you updated your various browser plugins, add-ons and co-dependent applications? According to PC Mag's Security Watch end users do not keep add-ins up to date. For instance, Adobe Systems browser add-in Flash, that plays video and other types of multimedia, has been exploited several times. Adobe's free and widely available Reader application, which is called up by browsers to read PDF files, is constantly being updated with security patches. Other software that is called by the browser, like QuickTime, RealPlayer and Windows Media Player must also be kept up to date. Also, keep in mind other plugins and addons, as these may put an otherwise secure browser at risk. Remember to only download applications and applets from reliable sources (preferably the vendor) and turn on automatic notification of updates if available.
On September 9th, the Institute for the Advancement of the American Legal System (IAALS) and the American College of Trial Lawyers (ACTL) Task Force on Discovery released the results of a survey of trial lawyers from across the country. The survey called electronic discovery a ?morass,? with 87% of lawyers stating that e-discovery is too costly. The survey also found that the excessive cost of discovery is forcing settlements, instead having settlements take place on the merits. Lawyers also believe that judges do not do enough to control excessive discovery, especially with costly e-discovery, with 89% of lawyers saying judges needed to assume a greater leadership role. The ABA Journal article on the survey, including a link to the report, may be found at http://www.abajournal.com/news/litigation_too_costly_e_discovery_a_morass_trial_lawyers_say/print/
A business plan is your roadmap to the financial future. A well thought-out business plan demonstrates that you have done the homework necessary to launch your practice or to move forward to the next level. Business plans can be as simple or as detailed as you wish, but they always contain four essential elements: a general description of your practice, including the legal services you intend to provide and the markets you intend to serve; your financial plan, including a budget detailing anticipated revenues and expenses; your management plan, with a description of how you will set up your office and support the delivery of your legal services; and your marketing plan, showing how you intend to keep existing clients and reach new ones. For help in drafting a business plan that will move your practice forward, take a look at The Lawyer's Guide to Creating a Business Plan, A Step-By-Step Software Package, 2008 Version, by Linda Pinson. Based on her award-winning Automating Your Business Plan, this software package has been designed specifically for lawyers so they can make the right decisions for a successful and profitable business future. The step by step program assumes that you know nothing about writing a business plan and leads you through the process while it uses spreadsheets to do the calculations for you. It also comes with a PDF version of the book Anatomy of a Business Plan, and is available from LPM Publishing through the ABA's webstore . The LPM Member price is $149.95. Non-Member Price is $179.95. Item code is 511-0528. A bargain at any price.
123People.com is a meta-search site devoted to locating information about people from multiple publicly available sources on the Internet like social networking sites (e.g. Linked In, Facebook), news outlets, blogs, and individual Web sites. A name search returns information including: Street addresses E-mail addresses Phone numbers Images Biographies The site had previously only been available in Europe during its public trial period. Rivals include: pipl.com, wink.com, spock.com, peekyou.com, yoname.com, and to a lesser degree ZabaSearach (which only provides address and phone number results).
Attention innovators ? are you delivering legal services over the Internet? Get recognized! Get to TECHSHOW! Get nominated for the James I. Keane Memorial Award for Excellence in eLawyering! The James I. Keane Memorial Award is named for James I. Keane, the founding Chair of the ABA eLawyering Task Force created in 2000 to carry out a presidential initiative of ABA President William G. Paul, of Oklahoma City, to examine ways that lawyers could use the Internet and other electronic resources to deliver legal services to people of moderate means more efficiently and effectively. Thus, the focus of the James I. Keane Memorial Award is the innovative delivery of personal legal services, with special attention given to firms and entities that serve both moderate income individuals and the broad middle class. For nomination materials and more information, visit the James I. Keane Memorial Award webpage http://www.abanet.org/lpm/award/jimkeane/. Nominations must be mailed by January 15, 2009, and will be reviewed by an impartial jury. Winners will be notified by February 15, 2009, and will be honored at a special ceremony at the ABA TECHSHOW in Chicago in April, 2009.
ABA Site-tation
In October 2007  SC Magazine reportedAs far back as 2005 The Mac ObserverIntegoWith the increasing popularity and awareness of Apple computers, there's greater interest in knocking Apple off the throne of perceived invincibility. Play it safe and devote some time to educating yourself about networking and security options for your Mac.  Apple.com - Networking and SecuritySecureMac

From the ABA TECHSHOW Blog (reposted with permission): 

Nominations are being accepted for the James I. Keane Memorial Award For Excellence in eLawyering.  The awardee will receive a free registration to ABA TECHSHOW 2008 and be recognized at a special luncheon. If you or anyone you know is involved in innovative delivery of legal services over the Web, please consider a nomination. Submissions are due by December 31, 2007. 

One of the web?s greatest strengths as a communication tool is the ease with which one can add content: click a few options in a WYSIWYG site editor, drag a file through an FTP program, and moments later your content is accessible to millions of people. Unfortunately, this great strength is also a great weakness, as content disappears from the web just as quickly as it is added. Anyone who regularly uses the web for research or as a reference source has no doubt had the experience of finding a useful site, bookmarking it, and coming back a few months later to find that the content you found so useful has been deleted, moved, or hugely modified.

If you find yourself in that position, there?s some hope: The Wayback Machine, run by the Internet Archive, is an archive of more than 85 billion web pages dating back as far as 1996. The pages are gathered by automated computer programs that wander around the web and preserve ?snapshots? of sites on the Internet Archive?s servers (albeit imperfectly ? images are often missing and not everything is saved). Whether you?re trying to find an old page you had bookmarked, a snapshot of a news site from a particular day in the past, or if you?re just curious to see what Yahoo looked like in 1996, there?s a good chance The Wayback Machine has saved it.

If the concept of The Wayback Machine has you thinking about evidentiary rules and intellectual property, you aren?t alone: The Wayback Machine has been involved in a few legal scuffles, mostly settled out of court, but makes a policy of removing content from their archives and allowing web site developers to protect their content against archiving. It remains unclear whether their archived web sites are admissible as evidence in court.

Earlier this week, the Ninth Circuit issued a ruling in United States v. Arnold that the Fourth Amendment?s ?reasonable suspicion? requirement does not apply to the search of a laptop during an international border crossing. The court rejected Arnold?s argument that a laptop should be treated similarly to a home or office for privacy purposes, holding instead that a laptop was akin to a traveler?s luggage. George Washington University Law School Professor Orin Kerr discusses the holding in more detail at the Volokh Conspiracy blog.

Arnold presents an interesting challenge for attorneys who travel internationally: how do you safeguard the sensitive client and firm data on your laptop when a security person, sans any reasonable suspicion of wrongdoing, can investigate your files? The easiest and best solution is simply to avoid placing sensitive or confidential information on your laptop. Such information can be stored on secure servers at an attorney?s main office and accessed remotely via VPN, or encrypted and stored remotely with an online backup vendor. If internet access will be unavailable on your trip or you otherwise require local copies of your sensitive information, consider encrypting the data and perhaps also relocating it to a storage device such as a USB thumb drive or CD-R. While such methods won?t guarantee you privacy, they may reduce the likelihood that your client?s confidential information will be revealed in a casual search of your laptop.

It may not have quite the media cachet of the Oscars or Emmys, but the annual Webby Awards are no less prestigious for those who create or follow Internet-based technology. Now in their 12th year, the Webby Awards recognize excellence in websites, interactive advertising, online film and video, and mobility. The awards are judged by The International Academy of Digital Arts and Sciences, a 550-member body that includes a range of leading Web experts, business figures, and celebrities from David Bowie to Anil Dash to Matt Groening. In addition, a People?s Voice Award is also determined for each category based on a public vote via the web.

Nominees are broken down into nearly 70 categories with websites representing the majority of nominees. Some of this year?s nominees include Eyes on Darfur (Activism Category), HowStuffWorks (Best Copy/Writing), Apple (Best Use of Video or Moving Image), Yahoo! Sports (Sports Category), and the ABA Journal website (Law Category).

The Webby Awards? website offers a full list of nominees (as well as nominees and winners from the past 11 years). As a research and reference tool, the list of former winners and nominees offers a great directory of high quality websites by category. If you?d like to vote for your favorite Webby Award nominee, you can visit the public voting page now.

Neuroscience Gateway
Switching from adult to juvenile pacemaking reduces neuron death in a Parkinson?s disease model.
Researchers selectively inhibit neurons with targeted drug sensitivity.
Partnerships, LLCs, and LLPs
Stuart Levine offers another important idea to improving ALI-ABA programs.
An announcement of general interest from Scottsdale, Arizonia where the 2006 Partnerships, LLCs, and LLPs: Uniform Acts, Taxation, Drafting, Securities, and Bankruptcy Program is now in session.
The most asked question from today's session in Scottsdale.
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ABA Book Briefs Feed
The ABA Model Rules of Professional Conduct, which serve as the model for many states ethics rules, assert that lawyers should be mindful of ethical obligations including competency, confidentiality and supervision of subordinates and third parties. How are these obligations affecting lawyers' use of technology?
Persons who pose a direct threat to the health or safety of themselves or others are unqualified to use the Americans with Disabilities Act to redress discrimination. In making a direct threat determination, employers must conduct an individualized assessment of the person?s present ability to safely perform essential job functions, identify the specific behavior that poses a threat, and assess the likelihood and imminence of future harm.
What is the barometer for success for today's woman lawyer?
After a devastating flood or storm, property owners may wonder what steps they should follow. Hurricane Katrina spawned a vast array of litigation relating to issues such as insurance policy coverage for damaged property to inventories of lost property. Learn what insured property owners should do after the disaster hits.

Learn what it takes to win trials. The American Bar Association's trial practice books will guide you through topics such as jury selection, witness preparation, expert witnesses, examination and cross-examination, crafting a persuasive argument, electronic evidence and discovery, effective computer presentations, ethical issues, and more.

      • MacCarthy on Cross-Examination
      • McElhaney's Trial Notebook, Fourth Edition
      • Going to Trial
      • Trial Lawyer: What It Takes To Win, The (Paperback)
      • Questions from the Bench
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ABA Section of Environment, Energy, and Resources RSS Feed
The Section would like to recognize the Committees and their Chairs that have made outstanding efforts during the 2007-2008 ABA year. The Section Council recognizes Committees in each of the three practice areas, environment, energy and resources, and cross practice for best publications, best programs, and best public service.
During this presidential election cycle energy and climate change have emerged as central issues. With the recent run-up in petroleum prices which has been felt not only at the gas pump but in increasing prices in all corners of the economy, including rising power prices in many parts of the country, and the recent up tick in major weather events, Americans have had a keen focus on energy and climate change...(more)
For the first time in living memory, the environment is receiving significant attention in a presidential election. Both Senator John McCain (R-AZ) and Senator Barack Obama (D-IL) have given speeches and run television advertisements on the issue and (after a slow start) are being asked questions by the national press about where they stand on climate change and energy....(more)
Under the Clean Air Act (CAA), EPA regulates emissions of fine particulate from stationary and mobile sources as a criteria pollutant, and regulates other chemicals as hazardous air pollutants from specific categories of stationary sources. As are other EPA program offices, EPA's Office of Air and Radiation is now assessing how best to address ambient releases of engineered nanoscale materials. Whether EPA determines to regulate these materials as potential criteria pollutants under CAA Sections 110, as potential hazardous air pollutants under CAA 112, or pursue some other regulatory strategy has important legal, policy, and commercial implications. The utility of engineered nanoscale materials as potentially promising fuels additives is also under review, as are the potential health impacts of these materials for CAA Section 211 purposes. EPA is well aware of the technological challenges posed by emission controls, monitoring, and quantification arising from the quantum scale and the unique properties of these potential pollutant emissions. Similarly, EPA recognizes the environmental benefits offered by engineered nanoscale materials in the areas of sensor technology, air contaminant detection and characterization, and related air management areas. How EPA balances these potentials and risks and benefits is unclear.
The Section of Environment, Energy, and Resources (SEER) is pleased to announce the application deadlines for the summer 2007 Fellowships in Environmental Law. This program for environmental justice is coordinated with not-for-profit environmental organizations, and local, state and federal governmental organizations which provide placements for our summer Fellowship recipients. The internship helps to promote diversity and provides opportunities for traditionally underrepresented students. The program is open to first and second year law students, or third year night students. The internship is an 8-10 week commitment, and a $5,000 stipend is awarded to recipients.
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