Disrupting the Lawyer Ratings Paradigm
February 28, 2008
For nearly 150 years, clients' opinions about their lawyers have been relegated to word of mouth. Information passed on in this manner is not recorded in any organized way and is therefore not available to the general public. In that time, the only organized source of information about lawyers came from lawyers themselves. All of that is now changing in a rapid, dramatic and explosive fashion, opening new channels and communities of information for legal services consumers, and creating exciting marketing and business development opportunities for lawyers and law firms.
When 'Web Presence' Creates Jurisdiction
February 28, 2008
The Web may not be truly worldwide, but it is getting fairly close, and while this has created enormous opportunities, it is not without its challenges. Among the thorniest of these have been issues of jurisdiction, which have been a staple of Web jurisprudence since the earliest days of e-commerce (and even before that). This has only gotten more complex as Web business models have diversified: A modern Web site for a company based in Chicago might be designed in New York, coded in California, supported in India, connected via a Virginia Internet service provider and hosted on servers in the Bahamas (offshore hosting being more and more common for both cost and privacy reasons). More importantly, the company might reasonably expect that site to be viewed by users from Brooklyn to Beijing, and perhaps to be subject to the laws of every jurisdiction in the world.
Amicus Attorney Small Firm Edition 2008: An Incremental Upgrade
February 28, 2008
The 2008 version is aimed at firms that do not have the computing power to install Amicus Attorney 7 (the successor to the discontinued Amicus Attorney X), which is a product that operates online. The main benefit to a product like Amicus Attorney 7 is that you can access your case data from any computer that has an Internet connection.
The Impact of Technology on Case Law under the 2006 FRCP Amendments
February 28, 2008
The 2006 amendments to the FRCP contain a host of technology-oriented standards and procedures. Accordingly, it is not surprising that the case law in the wake of these amendments reflects the unstoppable march and advancement of computer technology. This article illustrates some of the most important ways in which this technology has influenced judicial opinions regarding electronically stored information under the new rules.
VoIP: Hype or Reality?
February 28, 2008
Many people use free or consumer-class Voice over Internet Protocol ('VoIP') solutions and make long-distance 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?
Fantasy Baseball First Amendment Rights
February 28, 2008
Recently, the right of publicity of baseball players featured prominently in a federal appellate decision. <i>C.A.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P.</i> The Eighth Circuit concluded that the First Amendment rights to run a fantasy baseball league by using the names, performance, and biographical data of professional baseball players superseded the players' rights of publicity.
Attorney Telecommuting
February 27, 2008
Telecommuting is all the rage in many sectors of our economy. With increasing regularity, lawyers and their firms alike are participating in this trend. Modern technology is a wonderful thing, and telecommuting permits firms (law and other types) to spread their tentacles into far-off uncharted waters. For attorneys and law firms, is telecommuting a bridge over troubled waters, or a long walk on a short pier? That is the question I address in this article.
Where Have All the Technophobes Gone?
February 27, 2008
Legal Tech is the excellent and information-rich three-day conference that brings lawyers and technology together. Here is an interesting review by a Legal Tech insider.
Courageous Leadership
February 26, 2008
A 1999 Notre Dame study stated that 'lawyers suffer from depression, anxiety, hostility, paranoia, social alienation and isolation, obsessive-compulsiveness, and interpersonal sensitivity at alarming rates.' Lawyers topped the list (of 104 professions studied), suffering from (major depression disorders) at a rate 3.6 times higher than non-lawyers who shared their key socio-demographic traits. How can we change this?
Protecting Personal Data in Franchise Systems: New Notification Laws
February 26, 2008
Over the past four years, 38 states have enacted laws mandating consumer notifications if there is a theft of personal data from a company's computers. The Federal Trade Commission ('FTC') has brought enforcement actions against companies for not properly protecting sensitive personal data. These state and federal laws are in addition to general privacy laws and policies that require advanced disclosures to those giving personal information. How can a franchisor or multi-state franchisee comply with 38 state laws and with the FTC determinations? This article provides an overview of how to reduce potential liability.