ABA TECHSHOW.blog

The British Zubulake?

Browning Marean — Tuesday, 2 Dec 2008 17:58:40 GMT

For those of you who are interested in how the UK is approaching electronic discovery (aka disclosure), the following case is an excellent primer: http://www.bailii.org/ew/cases/EWHC/Ch/2008/2522.html. It makes for a most interesting and educational read

YouTube and the Changing Legal Profession

Reid Trautz — Wednesday, 26 Nov 2008 17:58:40 GMT

Recently, I attended a conference of law firm managing partners, practice management advisors, law firm CIOs and CMOs, law professors, and other legal management experts from the U.S., Canada, Scotland, England, and Australia. Professor Michael Wesch's YouTube videos came to my attention as we discussed the impact of Web 2.0 in the legal world. In June, Wesch, an anthropology professor at Kansas University, spoke before the Library of Congress about the cultural changes in the world highlighted by YouTube. (You may have already seen Professor Wesch's video, "The Machine is Using Us") I recommend you watch this presentation he gave to the Library of Congress: An Anthropological Introduction to YouTube. This second video is almost an hour, but worth the time. It is food for thought as the legal profession evolves within a flattening world, as we adapt to the ideas of younger lawyers, and compete to survive and thrive in that evolving world. Keep track of your ideas as you watch . . .

Use of Highlights and Callouts on Exhibits

Judge Christina Habas — Fri, 21 Nov 2008 17:58:40 GMT

Film/Video Equipment Service, Inc. v. Janice Kay Baker, etc., Case No. 07CV11123: 11/18/08 This is a business damages case brought by a company against its former Vice President of Sales. Exhibits in this case are primarily made up of various email communications between Defendant and clients, vendors and other contacts of the business. Many exhibits are made up from email strings, including several different authors, recipients and dates. Before the court and jury are able to read the emails, the attorney highlights and does call-outs of portions of the emails. Moral Juries (and sometimes the court) are naturally cynical about highlights. They want to know what the exhibit contains before you tell them (through highlighting) that only portions of the exhibit are important. This helps your personal credibility and is not truly a waste of time. Use highlights and call-outs in a way that does not appear to prevent the jury and the court from understanding the context of the exhibit. You won’t look like you are trying to gloss over other information and impact your own credibility.

Safe Surfing – More than Just Your Browser

Catherine Sanders Reach: ABA Legal Technology Resource Center — Tue, 18 Nov 2008 19:27:46 GMT

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.

Survey Finds Litigation Too Costly Because of E-Discovery

Sharon Nelson :: Sensei Enterprises — Tue, 18 Nov 2008 19:26:48 GMT

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/

Let New Software Guide Your Practice to Success

Laura Calloway :: Chair, ABA TECHSHOW 2009 — Tue, 11 Nov 2008 18:21:00 GMT

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.

New Search Site Can Help Collect Information About People

Mark Rosch :: Internet for Lawyers — Fri, 07 Nov 2008 19:06:05 GMT

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).

Call for Nominations for James I. Keane Memorial Award

Sheila Blackford :: Practice Management Advisor, OSB Professional Liability Fund — Wed, 05 Nov 2008 21:57:24 GMT

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.

ALSP Educational Event in Chicago

Tom Mighell :: Fios, Inc. — Mon, 03 Nov 2008 16:27:24 GMT

The Association of Litigation Support Professionals — the only organization whose members comprise the full range of individuals involved with litigation support — will host its first educational event. The 2008 ALSP Fall Forum: Education Through Collaboration, 13 – 14 November in Chicago, features two educational tracks designed for various professional levels, an executive workshop specifically for litigation support managers, a networking reception and ample opportunity for attendees to talk one-on-one with top solution providers. ALSP promotes peer-to-peer learning by providing top-notch sessions presented by your colleagues in the legal industry. Come away with helpful resources including checklists and industry best practices that you can use for quality control, client satisfaction and efficiency improvement. Visit www.alsponline.org/2008fallforum for additional information and to register. Questions? Contact info@alsponline.org or 800.430.6651.

The Most Boring Topic in Legal Technology . . . Will Save Your Practice One Day

Ross Kodner : MICROLAW — Tue, 28 Oct 2008 21:35:38 GMT

Yes, it’s the “B” word again: “backup” . . . the perpetually challenging question of how to effectively and practically backup your practice’s systems, client and firm information so you can restore it when the digital chips are down. I continually refer people to the article/post I wrote last November (still very current since it’s mostly procedural and conceptual) called “Ross’ Great Truths About Data Backup” (http://rossipsa.com/?p=162) This article includes the 16 key steps to a successful backup process. I would IMPLORE EVERYONE to read this and be certain your practice is following most, if not all these guidelines. Your livelihood depends on it. Frankly, it may also be the best way to avoid a malpractice claim for “failing to adequately protect electronic client and case information necessary for competent representation.” In my CLE programs on data backup, I’ve always exhorted my clients and audiences to memorize the two mantras of backup: 1. We don’t backup for the sake of backing up. We backup only so we can restore when the chips are down. 2. If you are doing ANYTHING in your backup process that could stand in the way of quickly and fully restoring your system, STOP IT NOW! The latest on this topic comes from a post I made on the gazillionth backup thread I’ve been involved with on various law practice management listserves (in this case from the State Bar of Wisconsin’s Practice411 list), as follows in a thread where a small firm lawyer asked: “What is the best computer backup system and why?” Long-time Wisconsin lawyer and technology authority Rex Ewald responded: “We have used Double Image since 2004 and have been completely satisfied with its performance. We backup on a robust schedule [separate cycled daily, weekly and monthly uncompressed backups – 23 in all]. Backups run automatically from the built-in scheduler.” I then responded: “Rex, you’re using this for server backup, correct? As I point out in my article, it’s VERY important to use server/network specific backup software for network servers v. software for backing up PCs that are not servers – two different animals. When I posted about the article last night – I was on my Blackberry at the Minneapolis airport so I could get to the article link. It’s called “Ross’ Great Truths About Data Backup. I have not specifically had experience with the Double Image software Rex mentioned, but I trust his experience with it. The best known server backup software (for Windows Server in its various iterations) is the Backup Exec series, now from Symantec. There are versions for both the Small Business Server version of Windows Server software and “regular” Windows Server. There are also editions that can allow “Disaster Recovery” which means the ability to not only restore from backups in the event of a complete server failure (when a FULL restore is required) (which would mean normally having to reinstall the network operating system, then install the backup software, then finally restore files – all of which takes time), you can literally pop in the Disaster Recovery CD (or DVD) created by the software, have it install enough of the network software and itself to allow much faster restoration – a real plus. Server-oriented backup software also is adept at doing things like backing up successfully even when there are “open” files (usually via something called an “open file agent”), backing up Microsoft Exchange Server databases, etc. Then there is backup software to backup regular PCs – PCs that are NOT network servers running a network operating system (standalone desktops and laptops, or desktops being used as “quasi-servers” in peer to peer network structures. There are a number of very capable standalone backup software products – I mention my favorites in the article. My current favorites are Acronis True Image Home 11, NTI Backup Now 5, Second Copy 7, and Genie Backup Manager Pro 8. PCMag.com did a round-up review of standalone backup systems – a really useful article. They actually rated the Genie product as their “Editor’s

Adobe's PDF Becomes an International Standard

John Simek :: Sensei Enterprises, Inc — Fri, 24 Oct 2008 20:43:48 GMT

On July 2nd, the International Standards Organization (ISO) announced that Adobe’s Portable Document Format (PDF) is a new international standard. Because PDF is a national standard, Adobe must turn over PDF to the ISO. The ISO will now be in charge of publishing specifications for the current 1.7 version, and for updating and developing future versions. The standard sold by the ISO will contain all the essential information for developers with a price tag of about $360. The ISO praised PDF in a press release for preserving the format of the original documents, something other software programs have struggled with. The full press release may be found at http://www.iso.org/iso/pressrelease.htm?refid=Ref1141

How Shiny Is the Chrome?

Ben Schorr: Roland, Schorr and Tower — Tue, 21 Oct 2008 15:48:09 GMT

I’ve been getting a lot of questions lately from folks who are interested in Google’s new browser, dubbed “Chrome”. They want to know if it’s better, faster, taller, cures cancer…and if they should convert their firms over to it. The answer to those questions is: Sort of, yes, no, definitely not and….probably not. Chrome is very fast and it uses some interesting new (and open source, so expect them to become more commonplace) technologies to speed up the web experience. It also has a new javascript engine which speeds up the way some web applications (including, not-surprisingly, Google’s) will load and run. Chrome has some interesting technical features around how it handles multiple tabs to help make them faster (on multi-core machines), more stable and more secure. Chrome’s “Omnibox” blurs the line between web addresses and web searches. Chrome’s Application shortcuts isn’t exactly revolutionary but does let websites pretend to be local applications; at least in appearance if not in performance. However, Chrome still falls short on a couple of points. First of all some websites are still written for Internet Explorer and won’t work in Chrome. Firefox users can get around this by installing the IETab add-in (https://addons.mozilla.org/en-US/firefox/addon/1419) which will render the site in IE, even though you’re using Firefox. But no such fix exists for Chrome just yet. Basically Chrome uses the same web rendering engine that Apple’s Safari does and so sites that don’t render properly in Safari aren’t going to work in Chrome either. Secondly, and perhaps more significantly, there’s no way to secure your saved passwords in Chrome and there are already utilities coming along to take advantage of that. If you’ve got Chrome installed and you’ve saved any passwords in it go to the Wrench (Tools), select Options and go to the “Minor Tweaks” tab. Click “Show Saved Passwords” and…well, it will. In plain text. The results may be a bit shocking, especially if you’ve done any online banking in Chrome. Now I know what you’re thinking (O.K., I don’t, but it reads better this way) “But Ben, doesn’t Firefox do the same thing? I can go to Tools, Options, Security, click the Saved Passwords button and see all my saved passwords in clear text!” Yes. But in Firefox, on the same screen, you can also check that box that says “Use a master password” which lets you password protect them. Check that box (and you should) and anybody sitting at your computer (or walking off with it) who tries to access your saved passwords will be asked to provide one first. Chrome doesn’t offer that rather important safeguard. At least not yet. Conclusion? Chrome has some nice shiny bits. It’s quick, it’s lean, it has some interesting innovations – most of which will likely find their way into the competing products in the not-too-distant future thanks to Google making it largely open-source. It also has some significant limitations like being sort of lean on features, not as extensible as some of its competitors and a little free with displaying your stored passwords.

National Economic Research Associates v. Evans

John Montana : The Pelligroup — Mon, 13 Oct 2008 21:12:00 GMT

Nat’l Economic Research Assocs., Inc. v. Evans, LECG Corp., 21 Mass. L. Rptr. 337 (Mass. Super. Ct. Aug. 3, 2006). Services such as Yahoo mail make a screen shot of your activity in a temp file, such that password- protected e-mail you access is accessible later in the form of the temp file screen shot. In this case, the employer sought access to otherwise privileged attorney/client e-mail from a private, password-protected account (stored on an employuer-owned computer as a temp file) based upon a theory that a reasonable person would have known of the screen shot temp file and that these would be accessible to a forensic expert; and that privilege was thereby waived. The court rejected this argument, stating that: “This Court does not agree that any reasonable person would have known this information. Certainly, until this motion, this Court did not know of the routine storing of “screen shots” from private Internet e-mail accounts on a computer’s hard disk.” The court then concluded that: “The bottom line is that, if an employer wishes to read an employee’s attorney-client communications unintentionally stored in a temporary file on a company-owned computer that were made via a private, password-protected e-mail account accessed through the Internet, not the company’s Intranet, the employer must plainly communicate to the employee that: 1. all such e-mails are stored on the hard disk of the company’s computer in a “screen shot” temporary file; and 2. the company expressly reserves the right to retrieve those temporary files and read them. Only after receiving such clear guidance can employees fairly be expected to understand that their reasonable expectation in the privacy of these attorney-client communications has been compromised by the employer.” This is one of a series of recent cases potentially limiting the scope of employer policies granting the employer unlimited access to data on employer-owned computers. The usual rule of thumb that employer access to data is virtually unlimited if stated in a policy may need re-visiting, or at least employers may have to draft such policies with considerably more care and in more detail in the future.

ABA Recommends States Not Require Computer Forensics Technologists to Have Private Investigator Licenses

Sharon Nelson : Sensei Enterprises, Inc. — Fri, 10 Oct 2008 16:20:26 GMT

In late August, the American Bar Association approved a resolution by the Section for Science and Technology law recommending that states should not require those performing computer forensics services to procure a private investigator license. The recommendation includes computer forensics services involving the review of computer information, whether it is for court purposes or providing expert testimony, and the testing and securing of computer networks. The recommendation also supports establishing a separate set of professional standards for the computer forensics industry. The report lays out reasons for the recommendations, most notably that computer forensics is distinctly different than what most private investigators do, and that most private investigators do not possess the science and technology background that is necessary to conduct computer forensic examinations. Further, many computer forensic experts would be excluded from the trial process because they are not licensed as private investigators, though the computer forensic experts have many other professional certifications that make them qualified to testify in court. The report also notes that licensing requirements are not one of the factors laid out by the Supreme Court in determining the reliability of evidence. The recommendation and report may be found at http://www.abanet.org/leadership/2008/annual/recommendations/ThreeHundredOne.doc

Mac Lawyers Forum Reaches 800+ Members; Open to All Lawyers

Reid Trautz :: American Immigration Lawyers Association — Tue, 07 Oct 2008 17:26:31 GMT

Mac Lawyer blogger, Ben Stevens, recently noted the Mac in the Law Office (MILO ) forum is now over 800 members strong with over 10,000 informative posts covering a wide range of Mac issues and solutions in a law office. Membership is limited to the legal profession; however, membership is free. The growth of Macs and iPhones in law offices is impressive, and will be covered more thoroughly than ever at TECHSHOW 2009. Watch this space for more TECHSHOW program information coming soon!

Vasilios Haralampopoulos v. Jason Kelly, et al. 9/16/08 (PowerPoint)

Judge Christina Habas :: District Court Judge, State of Coloragdo — Mon, 06 Oct 2008 17:25:52 GMT

This medical malpractice action is being tried to a jury. We are in the midst of the final Defendant’s Opening Statement, and all Defendant’s counsel have used PowerPoint. The first lawyer is having difficulties with slides advancing very quickly – apparently nerves are causing her to hit the button multiple times. In frustration, she puts down the remote and asks her technology specialist to navigate for her. A different lawyer experiences a similar problem when the screen goes to white and she is unable to bring up the presentation. Frustration is apparent for both lawyers. Moral? Learn all of the required commands and full use of the remote. A lawyer’s frustration over a PowerPoint presentation working differently than the lawyer had planned is nothing compared to juror frustration over the delays it causes. Further, it is rarely the technology’s fault. Educate yourself. Completely. Learn how to start, stop, go back, go forward, skip around and go from blank screen to a slide. PRACTICE. Then practice some more.

The Challenge of Proportionality

Browning Marean :: DLA Piper — Fri, 03 Oct 2008 15:31:12 GMT

The last sentence of Federal Rules of Civil Procedure, Rule 1 requires that the Federal Rules of Civil Procedure ‘shall be construed to secure the just, speedy, and inexpensive determination of every action.’ As I approach the curmudgeon years of my legal practice, I fear that this mandate has been overlooked, ignored and abandoned. The threat comes from the considerable challenges of electronic discovery, its excessive costs, and the gamesmanship possible with electronic data. I don't pretend to have all or any of the answers. There is a paradigm shift underway from the pure adversary system to one in which considerable cooperation is demanded at the inception of the case. There is a real tension between zealous advocacy and the disclosures required under federal and state rules. Since I don't have the answers, I would be interested in initiating a dialogue where readers of this blog might contribute their thoughts on what can be done and what should be done to confront the challenges of electronic discovery. If we'll are unable to develop an effective modus operandi for electronic discovery, I fear that civil litigation will be foreclosed for many of us. Please send your opinions to me at b.marean@gmail.com and I'll summarize them in an upcoming post.

Last Call for Breathalyzer?

Laura Calloway :: Chair, ABA TECHSHOW 2009 — Tue, 30 Sep 2008 19:07:02 GMT

Every couple of days I try to scan the items in All Things Digital. There are lots of them and they mostly cover products and news that's of interest to people heavily involved in the technology industry, but every once in a while I run across something that, in my view, at least, should be very interesting to practicing lawyers, too. My most recent "legal find" there was a link to a piece by Nate Anderson, associate editor of Ars Technica, reporting on some DUI cases in Minnesota which had been thrown out by the courts. Defense attorneys had requested that the manufacturer produce the source code from the computers which run the Intoxilyzer 5000EN so that the accuracy of the machine's readings could be investigated and challenged. Given the number of items with onboard computers with which people interact every day, the possibilities for lawyers to challenge results which we used to accept at face value boggle the mind.

Controlling the Office Ribbon

Catherine Sanders Reach :: ABA Legal Technology Resource Center — Thu, 25 Sep 2008 20:59:56 GMT

MS Office 2007 provides some improvement over MS Office 2003, as well as overall changes in appearance. One of the biggest changes to the appearance in such applications as MS Word and MS PowerPoint is how the menu items are displayed, called "The Ribbon". While the Ribbon helps by grouping similar tasks together under headers that may make more sense to the average user (or not), it takes up a good bit of screen real estate. Once you've learned your way around the Ribbon you may no longer want, or need, to see it in full effect as you are using the application. Users can turn off the Ribbon by going to "Customize Quick Access Toolbar" at the very top of the screen (unless you moved it below the Ribbon) and checking "Minimize the Ribbon". However, this option removes the Ribbon until you uncheck the option again. However, the Ribbon can float in and out only when you need it, with a few mouse-clicks. To create a “smart” Ribbon view follow these steps: To hide the Ribbon click four times in quick succession (2 double clicks) on the Ribbon tab title (example, in MS Word the tab for “References” or “Review”). The Ribbon will disappear. To see the Ribbon options again for that tab simply click once on the tab and the Ribbon will appear again. Select your option, resume work, and the Ribbon disappears again. To have the Ribbon again show permanently clicks on any Ribbon tab again 4 times in rapid succession (2 double clicks). Get back some of your screen real estate with this tip!

iPhone May Be Best Smartphone for Lawyers

Jeff Richardson :: Adams and Reese, LLP — Mon, 22 Sep 2008 17:58:17 GMT

Apple released a software update for all iPhones, version 2.1. With this latest update, a strong case can be made that the iPhone is the best smartphone for lawyers. When the original iPhone was released in 2007, it was a breakthrough product because it was both one of the most advanced smartphones ever created and also the easiest to use. But it had some limitations that were critical for many lawyers. Most importantly, it lacked integration with Microsoft Exchange, a feature that lawyers with Blackberries, Windows Mobile and Treos running Goodlink have depended upon for years. When a lawyer doesn’t have full access to his or her law firm e-mail, a smartphone just isn’t that smart. The original iPhone also lacked 3G, which made web browsing slow when you were away from WiFi, and lacked the ability to add third party software (unless you hacked it). The original iPhone was still a marvel of design and amazingly stable for a 1.0 release, but the missing features caused many lawyers -- like me -- to wait on the sidelines. On July 11, 2008, Apple released the new 3G iPhone and updated the software to version 2.0. This hardware and software update added what lawyers need: excellent integration with Microsoft Exchange, the speedy 3G AT&T network, and the ability to easily download third party software using Apple’s App Store. But unfortunately, there were some shortcomings with the 2.0 software that took away from the iPhone experience. Battery life was limited (a problem that, to be fair, exists on all 3G phones), syncing to a computer was sometimes painfully slow, callers in some areas of the country had problems with dropped calls, etc. And unlike the very solid first generation iPhone, the 3G iPhone with the 2.0 software had many bugs and would often crash. The crashes were very graceful -- there were no “blue screens of death;” you simply return to the home screen -- but bugs are always annoying, no matter how small or well handled. So as a result, the iPhone 3G gave lawyers the features that they wanted, but the bugs, battery life issues and other problems detracted from the experience. On September 12th, Apple released a software update for all iPhones, bringing the software to version 2.1. This is a major update. As Apple’s CEO Steve Jobs said a few days before the update was released: “The 2.1 software update is a big update. It fixes lots of bugs. You’ll get fewer call drops. You will get significantly improved battery life for most customers. We have fixed a lot of bugs where if you have a lot of apps on the phone, you’re not going to get some of the crashes and other things that we’ve seen. Backing up to iTunes is dramatically faster … and there’s some great new performance enhancements as well. So 2.1 software update is a big one for the iPhone.” As he spoke, you could almost see the thought bubble over Steve Jobs’ head with the words “…and this is the version that I wish we had shipped on July 11th.” The update has now been out for just over a week, and by most reports, the update delivers what Steve Jobs promised. For me, syncing has been dramatically faster (before the update it sometimes took over an hour; now it takes a very reasonable minute or two and sometimes just a few seconds), the phone is far more stable, and battery life is much better. With version 2.1 of the software, I now believe that the iPhone 3G is the very best smartphone for lawyers. Much has been written about the unique advantages of the iPhone and I won’t try to capture it all here. For example, there is an excellent and comprehensive series of articles on AppleInsider written by Daniel Eran Dilger of RoughlyDrafted magazine (here are links to parts 1, 2, 3, 4, 5 and 6) and also good are the reviews by the Wall Street Journal, New York Times and iLounge. But here are a few of my favorite things on the iPhone 3G. First, the iPhone gives me great access to my Exchange e-mails. The large display with excellent use of graphics and fonts makes e-mail far easier to read and manage than on any other smartphone. Second, the web access

Will Lawyers Soon Be Obsolete?

Laura Calloway : Chair, ABA TECHSHOW 2008 — Tue, 09 Sep 2008 22:23:58 GMT

Professor Richard Susskind, renowned legal technology specialist from London, England, will answer this and other questions of pressing interest to practicing lawyers when he joins us at ABA TECHSHOW 2009 as keynote speaker. Professor Susskind has specialized in legal technology for 25 years. During his keynote presentation on Thursday, April 2, he will discuss topics from his latest book, The End of Lawyers?: Rethinking the Nature of Legal Services (OUP, 2008). This book examines the effect of advances in information technology on legal practice, analyzing anticipated developments in the next decade. Can the role of the traditional lawyer be sustained in the face of the challenging trends in the legal market and new techniques and technologies for the delivery of services? The answer is important to your future. An independent adviser to major professional firms and to national governments, Professor Susskind lectures internationally and has been invited to speak in over 40 countries. He has written and edited numerous books, including Expert Systems in Law (OUP, 1987), The Future of Law (OUP, 1996) , Transforming the Law (OUP, 2000) and The Susskind Interviews: Legal Experts in Changing Times (Sweet & Maxwell, 2005) and is a law columnist for T he Times (of London). Professor Susskind has advised on numerous government inquiries and, since 1998, has been IT Adviser to the Lord Chief Justice of England. In 2003, he was appointed by the Cabinet Office as Chair of the Advisory Panel on Public Sector Information. He holds law professorships at Gresham College in London and the University of Strathclyde in Glasgow. Professor Susskind has a first class honors degree in law from the University of Glasgow and a doctorate in law and computers from Balliol College, Oxford. He is a Fellow of the Royal Society of Edinburgh and of the British Computer Society, and was awarded an OBE in the Millennium New Year's Honours List for services to IT in the Law and to the Administration of Justice. The insights into the future of your legal practice this phenomenal keynote speaker will bring is just one more reason to mark April 2-4, 2009 on your calendar and start making plans now to attend ABA TECHSHOW 2009.

Getting the Most from Excel 2007

Nerino Petro : State Bar of Wisconsin — Tue, 09 Sep 2008 22:23:41 GMT

Excel is one of those programs that has a thousand and one uses in a law office, but getting the most out of it can sometime be a challenge. I am always on the lookout for ways to do more, easier with Excel and came across this post titled Hidden Gems in Excel 2007 at Office Online in the Office Hours section. More Office Hour articles can be found at the Office Hours Home Page. Originally posted on Compujurist (http://compujurist.com )

Report Finds Blogger Arrests Increasing Around the Globe

John Simek :: Sensei Enterprises, Inc. — Fri, 05 Sep 2008 20:54:54 GMT

On June 8th, the World Information Access released its "Blogger Arrest Report," which indicated that 64 people around the globe have been arrested for publishing their views on a blog since 2003. The arrests were for blogging about various things, such as government corruption, human rights abuses, or criticizing public policies or officials. Many of the bloggers arrested were put in jail, with the average jail time being 15 months and the longest jail time 8 years. Over half of the arrests were made in China, Egypt and Iran. The report credits the increased importance and popularity in blogging for the increase, and predicts that the number of bloggers arrested would increase from the 36 arrests in 2007. The full story may be found at http://www.wiareport.org/index.php/56/blogger-arrests

Quon et al v. Arch Wireless Operating Co. et al, 07-55282 (9th cir.)

John Montana :: The Pelligroup, Inc. — Thu, 04 Sep 2008 22:00:29 GMT

In this decision from the Ninth Circuit, the plaintiff was a police officer in Ontario California. He used a text messaging device provided by the city. The city had an e-mail and internet policy stating that there was no expectation of privacy on city-owned systems and that information on them was city property, but a superior had previously verbally stated that messaged would not be reviewed as long as long as overage charges were paid by the employee using the device. The city decided to investigate excess usage of the devices, and examined messages on, among others, the plaintiff’s device. Plaintiff sued, alleging a violation of the Stored Communications Act and the 4th amendment. The 9th Circuit concluded that because of the verbal statements by the superior, the plaintiff had a reasonable expectation of privacy, and therefore the city could have and should have used a less intrusive means of investigating excess usage than reading the messages. This case is significant for a couple of reasons: most businesses have a computer and e-mail policy similar to the one at issue, and the general rule is that a policy of this sort is reasonable and enforceable. The case calls into question the viability of any such policy in the 9th Circuit, and may force multi-state employers into having two policies: one for the 9th Circuit states,and one for the rest of the country. Further, it encourages draconian enforcement of any such policy, at least in the 9th Circuit, since any lenient enforcement or lack of enforcement may give rise to a reasonable expectation of privacy and in effect invalidate the policy.

Google Chrome -- A New Browser in Town

Nerino Petro:: State Bar of Wisconsin — Wed, 03 Sep 2008 15:12:21 GMT

The current struggle for internet browser supremacy has primarily been a fight between Microsoft’s Internet Explorer and Mozilla, with secondary roles by Opera Software’s Opera web browser and Apple’s Safari web browser. The battle lines haven’t changed a great deal in the past several years, although Internet Explorer has slowly been losing ground to Firefox. The future of the browser war looked to continue in much the same fashion until Monday September 1, 2008. Google, the internet search company, announced that it would release a new, open source web browser called Chrome on Tuesday September 2, 2008. This move may have a serious impact on the current struggle for browser supremacy and could possibly be the beginning of the end for internet browsers as we know them. For more information and links on this news, check out my post on Compujurist at http://compujurist.com/2008/09/02/google-chrome-takes-on-microsoft-and-mozilla/

Duplicate Exhibits at Trial

Judge Christina Habas — Thu, 28 Aug 2008 20:23:54 GMT

Colorado Catastrophe and Restoration, et al. v. Ted and Dorothy Newman: 7/14/08: This Breach of Contract case arising from reconstruction of a home residence after a fire is being tried to the court. Several “duplicate” exhibits are offered, including the original Work Authorization; Scope of Work Estimate; City Building Inspection Report; and email communications between the parties. Each time a lawyer refers to an exhibit designation for a document that has previously been admitted under a different exhibit designation, it raises questions about why there is more than one version of the document being used. In most cases, there is no reason for this, other than the lawyers have not compared exhibit lists and worked to avoid duplication. Upon direct questioning by the court as to any differences between the exhibits, the lawyers are uncertain as to why more than one version has been offered. Moral? Use of duplicate exhibits may cause confusion or lead to questions even where none previously existed. Lawyers should carefully review any exhibit that appears to be a duplicate, and either remove a true copy, or quickly and specifically draw the court’s attention to any differences between the apparent duplicates. Sometimes, technology will be the most efficient way to identify these differences (scanning the documents and making a page-by-page comparison is a start) – although good, old-fashioned eyeballing may be required. Otherwise, the court is left to wonder why – this consequence is even more troublesome with jurors, as a juror with an unanswered question may be distracted by this “non-issue” during questioning that the lawyer deems important.

Judge Rules Privilege Waived on Disclosed Electronic Documents

Sharon Nelson :: Sensei Enterprises, Inc. — Thu, 21 Aug 2008 19:02:57 GMT

On May 29th, Magistrate Judge Paul W. Grimm of the U.S. District Court for the District of Maryland ruled that privilege was waived when defendants disclosed 165 electronic documents to the plaintiff. The case was a copyright infringement suit, and defendants turned over the documents as part of discovery after using keyword searches to identify privileged documents. The court found that because defendants did not demonstrate that their search was reasonable, defendants had waived privilege by disclosing the documents. The court stated that defendants could have showed reasonableness if they had stated why certain keywords were chosen, what the search was supposed to accomplish, and how the search protected against disclosure of privileged materials. In his opinion, Grimm emphasized the problems with keyword searches, including the risk of under-inclusive or over-inclusive terms resulting in privileged information being disclosed, and non-privileged information not being disclosed. These problems demonstrated why the party performing the search needs to present a rationale for the method chosen, show that the search was appropriate for the task, and show that it was properly implemented. The court also explained how to adequately assert privilege under the Federal Rules of Civil Procedure. Grimm explained that the reasons for claiming privilege must be laid out in a privilege log, and that disputes would be settled by an in-camera review of the documents by the courts. The case is Victor Stanley Inc., v. Creative Pipe Inc., and the full opinion may be found here.

Marching Towards ABA TECHSHOW 2009

Tom Mighell :: Cowles & Thompson, P.C. — Thu, 10 Jul 2008 17:50:54 GMT

We're back! We took off some time after a very successful ABA TECHSHOW 2008, but the TECHSHOW blog is back in business. We'll be providing updates on the planning of the conference, tease you a bit with some of the new things we have in mind for next year's show, and as always provide timely and useful technology information to our readers. Stay tuned!

It’s All Over But The Shouting!

Laura Calloway :: Chair of ABA TECHSHOW 2009 — Mon, 31 Mar 2008 15:07:52 GMT

That’s what we say down here in Alabama when the game is over but the fun goes on. Which is exactly where we are with ABA TECHSHOW 2008. There is still a little more packing up and putting away to be done before we can finally put TECHSHOW 2008 to bed, including tabulating the results of all the evaluations and making note of all the good suggestions we received for ways to improve your ABA TECHSHOW experience next year. Final versions of all PowerPoint presentations have been collected, and attendees can expect to receive an email blast with the link to them by next week at the latest. Nevertheless, we’re already busy at work planning for ABA TECHSHOW 2009! ABA TECHSHOW 2009 will take place April 2-4, 2009, once again at the Hilton Chicago, and Tom Mighell will be a tough act to follow! Fortunately, he has agreed to hang around a while longer and act as our director of interactive media for 2009, to make sure our attendees keep blogging, Flickring, and Twittering their way through the show. I am also fortunate to have an extremely capable planning board for next year’s show, and I’d like to take this opportunity to thank them publicly for agreeing to serve. Returning planning board members include Debbie Foster, who will be serving as vice-chair, Catherine Sanders Reach, Judge Herbert Dixon and Paul Unger. New board members for TECHSHOW 2009 are Reid Trautz, Dominic Jaar, Browning Marean and Ben Schorr. Please mark your calendars for April 2-4 2009, sign up for the ABA TECHSHOW blog feed, visit our web site frequently, and plan NOW to join us next year in Chicago for the world’s premier legal technology continuing legal education conference and expo!

It's a Wrap!

Tom Mighell :: Chair, ABA TECHSHOW 2008 — Mon, 17 Mar 2008 20:02:48 GMT

Well, it's over -- last week ABA TECHSHOW 2008 saw more than 2,000 attendees, 120 vendors, and 60+ legal technologists presenting more than 50 educational sessions, and from what I've heard so far a good time was had by all. Here are some of the highlights: Keynoter Marc Rotenberg gave a timely and well-received presentation on "The Anatomy of the Eliot Spitzer Investigation," then sat down with me for a lively discussion on privacy issues and how they affect us all. ABA TECHSHOW After Dark was a terrific success, with attendees, speakers, and exhibitors mingling together with food, drink, and the sounds of the Empty Can Band. We were honored to present Cowell Taradash, P.C., the founders of IllinoisDivorce.com, with the first annual Jim I. Keane Award for Excellence in E-Lawyering, at a luncheon that was well attended by our conference registrants. Once again the Taste of ABA TECHSHOW Dinners on Friday night were the place to be, with over 130 of our attendees and faculty dining and discussing technology topics at restaurants around Chicago. As usual, the educational content reigned supreme. Every attendee that spoke to me mentioned the consistently high quality of our ABA TECHSHOW speakers. If you're weren't able to attend, check out the ABA TECHSHOW Buzz, where you can still find blog postings and photos from the conference. We'll be keeping the Buzz going all year long, so that you can keep up on the latest that's going on with ABA TECHSHOW -- just subscribe to the feed! It has been an honor and a privilege to serve as Chair of ABA TECHSHOW 2008, but now it's time to turn things over to the new team. I am pleased to announce that Laura Calloway, Director of the Alabama State Bar's Law Office Management Assistance Program, will serve as Chair of ABA TECHSHOW 2009. You'll be hearing from her on the TECHSHOW Blog very soon!

ABA TECHSHOW Buzz Is Live!

Tom Mighell :: Chair, ABA TECHSHOW 2008 — Tue, 11 Mar 2008 20:46:16 GMT

A few weeks ago I mentioned that ABA TECHSHOW 2008 is experimenting with several new tools that make it easier for our attendees (as well as those who couldn't make it) keep up with what's going on at the conference. Well, this afternoon we launched the ABA TECHSHOW Buzz at www.techshow.com/buzz -- it's the place where all the action will occur once the conference gets started! Here's what you'll see there: -- An aggregated feed of blog posts authored by our ABA TECHSHOW attendees, faculty, and even exhibitors. -- A stream of photos taken at ABA TECHSHOW -- A Twitter stream, with conference updates as well as personal messages from our attendees and others -- A Del.icio.us feed, where you can find links to some of the great sites that are mentioned during ABA TECHSHOW You can see everything on the Buzz page, but if you want it to come to you, we've created RSS feeds you can easily add to your favorite newreader. If you want to participate in creating Buzz for ABA TECHSHOW, or if some of these tools are brand new to you, we've posted a Buzz Cheat Sheet (http://www.abanet.org/techshow/docs/2008/buzzcheat.pdf), with instructions on how to use each of the four services. The only rule that we have is: play nice. We reserve the right to remove content that we deem inappropriate for the ABA TECHSHOW audience. Jump right in -- we're ready to start!

Photographs are Not Always the Best Option

Judge Christina Habas — Tue, 11 Mar 2008 16:27:14 GMT

This is a case involving a collision between an ambulance (running with emergency lights and siren) and a light rail train, which caused the train to derail and collide into a building. The lawyers are using many photographs of the area and the vehicles, taken right after the accident, as well as several dates thereafter. The intersection where the collision occurred was in the midst of significant construction at the time of the collision, and has changed quite a bit since that time. One of the central issues in the case is the visibility of certain things at the scene: whether the ambulance driver could see the light rail train, and vice-versa, as well as the vantage points of various witnesses. Although the lawyers are inundating the jury with photographs, none of the photographs adequately depict the line of sight at critical points in the action. Witnesses are almost always saying that the photographs do not accurately set out what they could, or could not, see. Moral? Think about whether the photographs you have are sufficient to show the jury what you want them to see, or whether their use confuses the jury. Photographs carry with them a great amount of authenticity and credibility, but only if they are not confusing. Lawyers do not always have the luxury of having photographs taken at their direction immediately after an event – instead, we rely on law enforcement or investigators to take sufficient photographs for their needs. Don’t try to force a photograph to be more than it is – thus adding confusion to the trial. If a photograph doesn’t do the trick, consider using drawings based upon testimony, and explain why no photograph shows that unique vantage point. Or better yet, consider using a technology such as Trial Director or Case Map, and asking witnesses to draw on the photograph to enhance the accuracy and applicability to your case. Do not simply use a large number of photographs that do not clarify the witness’ testimony – use a visual aid, but make it the correct visual aid.

ABA TECHSHOW Tips Extravaganza – Helping You Succeed In The Practice Of Law

Dan Pinnington :: Editor, Law Practice Today Webzine — Tue, 11 Mar 2008 20:55:11 GMT

Year after year, without fail, the best-attended and most highly rated presentations at ABA TECHSHOW® are the "60 Tips in 60 Minutes" sessions. These fast-paced presentations are packed with practical bite-size nuggets of information. For those that aren’t familiar with this format, these are fast-paced presentations in which 3 or 4 of our best ABA TECHSHOW presenters actually run through 60 or more slides in 60 minutes. A tip might show you a simple way to improve client service, manage your time or avoid an ethics trap. Or it might tell you of a really useful Web site, an underused but essential feature of a software program, or a simple and effective way to market yourself. Whatever it’s about, you listen and you get it—and you go back to work and put the tip to use the very next day. Now, I will admit I get more exited about tips than most (OK, more than everyone), but few if any presentations pack more information and education into 60 minutes. It is a guarantee that everyone walks out of an ABA TECHSHOW tips presentation with at least a few nuggets. Exclamations of "wow – I didn’t know you could do that" are frequently heard. Each year at least a few attendees tell us "that was the best presentation I have ever seen". Well, for all those that can’t make it to TECHSHOW, we thought, why not take the same approach for the ABA TECHSHOW issue of Law Practice? So we’ve tapped some ABA TECHSHOW speakers and favorite writers for their best tips on using technology to tune up your practice. They’ve covered some hot trends and topics for your reading pleasure. Read them here. Squeezing Your Office into the Palm of Your Hand Impressing (Not Annoying) Judges Going Paperless Pleasing Clients with Top-Notch Communications Taming Voice Recognition Software Leveraging Google Tools Hot New Web Sites Billing More Time Enjoy the tips! And, if you really like them, please consider coming to see us at TECHSHOW next year. PS: Do You Have Tech Tips to share? We want to hear from you – share your wisdom with your fellow LawPracticeToday e-zine readers. Send your best practical and helpful tips to LawPracticeMagazine@gmail.com. The best will be published by the ABA Law Practice Management Section. —Dan Pinnington, Guest Editor Law Practice Magazine, April 2008 Issue Dan Pinnington writes the Tips & Tricks column for Law Practice, is Editor of Law Practice Today webzine, and is a past chair of ABA TECHSHOW.

Loss or Theft of Laptops and Mobile Devices is a Great Security Risk

Dave Ries :: ABA TECHSHOW 2008 Planning Board — Mon, 10 Mar 2008 16:09:04 GMT

Mobile technology is a necessity for most attorneys today. While it provides great benefits, it also presents great risk. Laptops, mobile devices and portable media can be easily lost, stolen or compromised. An August 2007 survey reports that 70% of data breaches result from the loss or theft of off-network equipment. The most common devices involved are laptops and PDAs, followed closely by USB drives. Important first steps are understanding t he risksand then paying constant attention to them. Some additional steps are storing only necessary information, strong authentication, use of encryption, not leaving them visible in cars, and use of security devices, like cable locks. These and other critical security measures will be explored at TECHSHOW on Saturday morning in Securing Your Clients’ Data While on the Road.

Special ABA TECHSHOW Programming for Solo/Small Firm Lawyers

Tom Mighell :: Chair, ABA TECHSHOW 2008 — Fri, 07 Mar 2008 16:24:34 GMT

If you’re a solo or small firm lawyer in the Chicago area or close enough for a day trip, why not spend next Friday with ABA TECHSHOW? We’re offering two tracks specifically dedicated to solo and small firm lawyers – the 7 must-have technologies for your law practice, how to factor technology into your thinking when hanging out your own shingle, the benefits of voice recognition software, and even e-discovery for the small firm. Single-day passes are available, not only for Friday but for our Thursday and Saturday sessions as well.

Free Ways to Take Advantage of ABA TECHSHOW 2008

Tom Mighell :: Chair, ABA TECHSHOW 2008 — Thu, 06 Mar 2008 16:33:39 GMT

If you're in the Chicago and you haven't already registered for ABA TECHSHOW 2008, there are two great free ways to get involved. First, if you're a law student (whether you're in the Chicago area or not), did you know that you can attend the entire conference for free? That's 3 days of great legal technology education, all free of charge. There's no better show than ABA TECHSHOW for those who want to learn more about the technology that's available to lawyers, how to better use the technology you already have, and what to expect in the world of legal technology once you graduate from law school. (The only caveat is that the freebies we give out to our attendees are subject to availability -- they go to paid attendees first). The other great way to experience ABA TECHSHOW 2008 is through our free Expo Hall pass. This year we're featuring more than 110 legal technology vendors, all eager to show you the latest in software, hardware, and legal technology services. If you don't have time to attend the whole conference, take an hour or two and walk over to the Hilton Chicago to wander through the Expo Hall. You'll learn a lot there, too! The free Expo Hall pass will be available on the ABA TECHSHOW website on Friday for you to print out and download. Online registration will close Friday, March 7 -- so if you're still planning on attending ABA TECHSHOW, you'll have to register onsite. See you there!

Sears Facing Class Action Lawsuit For Data Breach

John Simek :: Sensei Enterprises, Inc. (www.senseient.com) — Wed, 05 Mar 2008 19:18:06 GMT

On January 4th, a complaint was filed against Sears, Roebuck and Co. for posting customers’ data online in violation of its privacy policy. On the website, Manage My Home, there was a feature that allowed shoppers to look up past purchases, which could be used to look up the purchase history for any customer, in violation of Sears’s privacy policy. The lawsuit was filed in Illinois on a class action basis for all of the customers damaged. To remedy the breach, the lawsuit is asking for damages along with an accounting by Sears to determine whether the website was misused by criminals. One rumored threat would be a criminal using the information to pretend to be a Sears repair person to get into someone’s house. A copy of the full complaint may be found at http://blog.washingtonpost.com/securityfix/sears%20complaint.pdf

ABA TECHSHOW 2008 Blog Feed – Call for Live Bloggers

Tom Mighell :: Chair, ABA TECHSHOW 2008 — Mon, 03 Mar 2008 17:14:50 GMT

For ABA TECHSHOW 2008, we’re creating a master conference RSS feed that will stream all of the blog buzz going on during the show. If you’re attending ABA TECHSHOW and you plan on live blogging (or just plain blogging) from the conference, please send an email to Tom Mighell at tmighell(at)cowlesthompson(dot)com – he’ll get back to you with more details.

More on Security Patch Management

Dave Ries :: ABA TECHSHOW 2008 Planning Board — Mon, 03 Mar 2008 17:05:17 GMT

As discussed in the November 11, 2007 blog post, it is critical to apply security patches for all software, both Microsoft and non-Microsoft. The importance of patch management is demonstrated by a recent report by Secunia, a leading security vendor, which reported that, in a 24 hour period, 81% of Windows users were affected by security vulnerabilities in Sun, Adobe, Apple, and Skype software. Last year, Secunia found that 1 in 3 computers in corporate networks were missing critical security patches. The Secunia Personal Software Inspector (Release Candidate 1) scans computers to identify missing security updates. It is free for personal use. Secunia and other security vendors also sell vulnerability scanners for use on networks.

ABA TECHSHOW Tip: Jim I. Keane Memorial Award

Tim Mighell :: Chair, ABA TECHSHOW 2008 — Fri, 29 Feb 2008 16:29:22 GMT

On Friday during ABA TECHSHOW, we’ll be presenting the first annual Jim I. Keane Memorial Award, for excellence in e-lawyering. The award will be presented to a lawyer or law firm that has demonstrated innovation in the delivery of legal services over the Internet. We’ll be having a special plated luncheon for this event, which is included in the price of registration for our attendees. Don’t miss it!

Don’t Let Sleeping Laptops Lie

Reid Trautz :: American Immigration Lawyers Association (www.aila.org) — Fri, 29 Feb 2008 16:24:10 GMT

Just when it seemed safe to leave your laptop computer in "sleep" or "hibernation" mode, comes a startling report that a computer left in such a mode is extremely vulnerable to confidentiality breaches. A research team that includes researchers from Princeton University and the Electronic Frontier Foundation (EFF) have found a security flaw in disk encryption technology used in many PCs and Apple computers, allowing unauthorized access to the data. According to the EFF report, "[l]aptops are particularly vulnerable to this attack, especially when they are turned on but locked, or in a "sleep" or "hibernation" mode entered when the laptop's cover is shut. Even though the machines require a password to unlock the screen, the encryption keys are already located in the RAM, which provides an opportunity for attackers with malicious intent." The research paper characterizes this new discovery as a major security flaw because it goes to the fundamental architechual features that disk encryption products have in common. This flaw can be easily exploited on laptops, but servers with encrypted hard drives are also vulnerable. The world of mobile computer security continues to evolve, and lawyers must stay abreast of these developments or face the consequences imposed by Rule 1.6 of our Rules of Professional Conduct. Join us at Techshow on Saturday, March 15 at 9:45 am for Securing Your Client's Data While on the Road to help reduce the risks and improve your productivity while you are working away from your office.

Pocket Guide to ESI For Federal Judges Urges Proactivity

Sharon Nelson :: Sensei Enterprises (www.senseient.com) — Thu, 28 Feb 2008 20:20:31 GMT

In January 2008, the Federal Judicial Center published Managing Discovery of Electronic Information: A Pocket Guide for Judges. The primary author is Judge Barbara Rothstein, Director of the Federal Judicial Center, along with Judge Ronald J. Hedges (a former Magistrate Judge in New Jersey, now an e-discovery lawyer with Nixon Peabody), and assisted by Elizabeth C. Wiggins, who often educates federal judges and serves as a Project Director and Senior Research Associate at the Federal Judicial Center. The Guide really emphasizes something that is seen all too rarely, federal judges being more proactive in the management of e-discovery, specifically raising ESI points to consider rather than waiting for the parties to identify and argue over matters. Come and hear about other current development in ED at TECHSHOW during the session entitled Report from the Front Lines: E-Discovery After the New Federal Rules.

Integrate Fedex Shipments Into Outlook With Quickship

Greg Siskind :: Siskind Susser Bland (www.visalaw.com — Wed, 27 Feb 2008 18:07:50 GMT

f you ship a lot of Federal Express packages, you might find this free download helpful. The big benefit is being able to generate a shipping label from your contacts without having to manually enter the address. You can also track packages, look up rates, schedule pickups and find the nearest Fedex location from within Outlook. These are functions you can handle right now in a web browser so if you don’t want to clutter up Outlook, you might not want this plug in. But if you spend lots of time creating shipping labels or otherwise working with Fedex, you may like this software.

Attendee Tip: ABA TECHSHOW After Dark

Tom Mighell :: ABA TECHSHOW Chair — Wed, 27 Feb 2008 18:05:55 GMT

For those of you attending ABA TECHSHOW, we’ve got lots of opportunities for you to have fun and get to know your fellow attendees, TECHSHOW faculty, and exhibitor representatives. Our first event takes place on Thursday night, March 13, in the Grand Ballroom of the Hilton Chicago. The first-ever ABA TECHSHOW After Dark promises to a great way to end your first day at the conference with a live band, food and drink, and some great door prizes. Whatever you end up doing in Chicago Thursday night, make sure your plans include spending some time with us at ABA TECHSHOW After Dark!

Use the 80:20 Rule to Set Information Security Priorities

Dave Ries :: Thorp Reed Armstrong, LLP (http://www.thorpreed.com) — Wed, 27 Feb 2008 18:06:03 GMT

The 80:20 Rule is a rule of thumb for setting information security priorities. It says that implementation of 20% of the key technical security steps will address 80% of the risk. While it has been stated in different ways, Symantec, a leading security vendor, includes in the 20% of technical steps: removing unneeded services, patch management, and enforcing strong passwords. The 80:20 Rule helps to identify priorities, but it is important to address all key information security steps, including people, procedures and technology. This year’s TECHSHOW will include the following sessions which will cover various areas of information security: Securing Your Clients’ Data While on the Road (basic), Anatomy of a Law Firm Data Breach (advanced), and Authentication, Encryption and Log Management (advanced).

Surveillance Recordings

Judge Christina Habas — Tue, 19 Feb 2008 16:53:00 GMT

10/18/2007: Bockar v. Tartler d/b/a Rocky Mountain Limousine This is a personal injury case involving a car accident. Plaintiff, a radiologist, is claiming significant money damages for his loss of income, claiming that he can no longer work or do any physically demanding activities. Defendant has performed surveillance over a period of three years, and the video shows the Plaintiff doing yardwork, loading various items into cars and walking. Defendant’s attorney has prepared DVD’s with the “highlights” of the hours of video that he plays during Plaintiff’s cross examination. During the examination, many jurors ask questions out of frustration, including, “is that supposed to be the Plaintiff?” During questioning prompted by the jurors’ questions, the Plaintiff testifies that he isn’t sure that the subject of the video is him, as the images presented at the time of that question were not clear. Later in the examination, the video clearly shows the Plaintiff, but because of the earlier confusion, the presentation is confusing and the impact lost. Moral: Obtain sufficient identification and authentication information for any surveillance tapes well in advance of trial. This may be that rare case where written discovery, such as Requests for Admission, can actually assist a trial lawyer. It is generally not the case that surveillance video has greater impact if it is “sprung” on opposing counsel at trial. Set the video up during the party’s deposition by asking specific questions about their physical abilities, obtaining their denial that they are capable of doing those activities, and then use the authentication from Requests for Admission to set up the video so that it can be presented smoothly, without confusion.

Overcoming Barriers to Implementing Technology in Your Practice

Carolyn Elefant :: Law Offices of Carolyn Elefant (www.myshingle.com) — Tue, 19 Feb 2008 16:53:00 GMT

More often than not, I find that I am the greatest impediment to implementing new technology in my practice. Even where a new technology promises to speed up efficiency or reduce costs for clients, I realize that there's always a short term cost - the time required for me to come up to speed. For example, personal resistance accounted for my reluctance to switch back to using a Mac even though I wasted at least an hour a day waiting for my balky Windows machine to reboot. (in case you're curious, I did make the jump, which I described here - http://gdgrifflaw.typepad.com/home_office_lawyer/2007/03/carolyn_elefant.html) In my case, I'm lucky in a way. Since I run a true solo shop (outsourcing to temps where needed), I only need to convince myself to take a new approach. But what about lawyers practicing in larger firms? How do they overcome not just their own resistance but that of the other lawyers who - let's face it - can be a bit on the stodgy side. The Rosen Law Firm in North Carolina had one novel approach - as I wrote here (http://legalblogwatch.typepad.com/legal_blog_watch/2008/02/law-firm-starts.html), the firm bribed lawyers and staff to use its new wiki by offering a $1000 prize. Each time staff added to the wiki, they'd gain another chance to win the cash. By coming to ABA TECHSHOW, we have an incredible opportunity to learn about technologies that can help improve our practice. But attending the show and learning about new technology represents just part of the journey. We need to keep in mind what comes after. I'm going to give some thought to some ideas for post-TECHSHOW implementation which I hope to share in a follow up post.

CIA Not A Role Model For Evidence Preservation

John Simek :: Sensei Enterprises (http://www.senseient.com) — Fri, 15 Feb 2008 19:02:30 GMT

On December 6th, the CIA admitted that it had destroyed videotaped evidence of detainee interrogations. The taped interrogations occurred in 2002, and the tapes were destroyed in 2005, allegedly after they were of no value to the CIA and were not needed for investigations. PC World writes that though the CIA is a government agency and not subject to the Federal Rules of Civil Procedure, private companies engaging in the same actions could be subject to severe sanctions for destruction of evidence. The Federal Rules require companies to keep electronic records when faced with a lawsuit or the possibility of a lawsuit. There also can be punishment for failure to keep required electronic records. The CIA press release can be found at https://www.cia.gov/news-information/press-releases-statements/press-release-arc hive-2007/taping-of-early-detainee-interrogations.html and the PC World article at http://www.pcworld.com/businesscenter/article/140594/cia_not_a_role_model_for_corporate_cios.html

Keeping up with the Buzz from ABA TECHSHOW

Tom Mighell :: Chair :: ABA TECHSHOW 2008 — Wed, 13 Feb 2008 16:04:24 GMT

The Internet continues to roll out some fun tools that are great at keeping people connected and talking about a conference, whether they're attending the conference or not. At ABA TECHSHOW 2008 we plan on making use of some of these tools, and we're really excited about the possibilities. Here are some of the things we're working on for the show: -- A blog feed that will aggregate all of the live-blogging at ABA TECHSHOW, as well as any other blog posts regarding the show. -- A Twitter feed will update conference attendees about upcoming sessions, events, and other fun stuff, via text message or on the Web. -- Got a camera? Bring it to ABA TECHSHOW, 'cause we're working on a Flickr feed that will show all the photos taken at the conference all in one place. -- During the conference our speakers will discuss useful and interesting websites for lawyers and legal professionals. Our del.icio.us feed will allow attendees to create a page of links from some of the sites they learn about. You won't have to be an ABA TECHSHOW attendee to see what's going on during the conference. But if we do this thing right, you'll wish you were :-) If you're attending the show, look for more information in upcoming email blasts or blog posts on how to participate.

No need for a computer: Blackberry rules!

Dominic Jaar :: Bell Canada (www.bell.ca) — Mon, 11 Feb 2008 16:29:43 GMT

All you crackberries out there know exactly what I mean! But for anyone that hasn't yet drank the BlackBerry Kool-Aid, you should know that OS 4.5 is on its way and it will offer just about everything your heavy laptop can offer! Thanks to PC Magazine (http://www.pcmag.com/article2/0,1895,2255033,00.asp)we now know what's in store for us! Without reviewing model by model and server by server, lets take a look at some of the great new features offered by the new operating system: • Spell check -- I have a Blackberry 8830 and I hope it is an improved version of the spell check software already available. • BlackBerry Maps with Points of Interest -- With the free Google Maps for PDA, the points will have to be of the utmost interest! • Improved media player with playlist support and automatic playlist generation -- This is a good plus since, for the moment, the best playlist I can create is an Album or Random. • Voice note recording-- This is a big plus! I installed VR+ to use my Blackberry as a dictaphone or to reply verbally to the emails I receive. Having this feature built into the new models is a treat for Voice recognition software users. • Streaming support for YouTube and Sling Player -- Wow! We'll be able to watch our favorite movies and tv shows while commuting to work or waiting at the airport! • Bluetooth stereo music -- Another nice plus since, for the moment, we must use wired headsets to benefit from stereo. • Microsoft Office document editing with DocumentsToGo -- This is the grand revolution in my book, but I'm anxious to see if we will need an annual/monthly plan or if RIM got into an agreement with DTG to provide their solution for free. For the moment, I am using eOffice which would be satisfactory if it had delivered all the functionalities it represented. Unfortunately, it does not and the customer support it offers is poor, to say the least. • Native format attachment downloading -- I look forward to seeing the number and types of supported formats. Zip would be nice to open large attachments. Furthermore, it is one thing to download an attachment; it is another to be able to edit them and I will rely a lot on DTG for that task! • HTML e-mails -- Nice to have it bundled, but unless it offers the possibility to turn e-mails into calendar events or notes I don't plan to move away from $20 Bbsmart. • Over-the-air device upgrades -- That is a plus which will definitely help our BlackBerries to stay up to date even while on the road without a computer and a USB connection. • Free/busy calendar lookup -- This will likely be a useful addition, particularly if it is as well done as many of the Windows Mobile software programs. • Searching the server for old e-mail messages -- Due to my high "information hygiene" and the fact that my inbox is purged daily, I can't see any use for myself but I can definitely see the benefit for many (most) people who use their inbox as a document management system. Thanks to RIM for encouraging users to help e-discovery vendors to make a few extra bucks! • Video recording on Curve models -- My BlackBerry 8830 is not equipped with a camera but I could definitely see myself at the last Rush concert filming Neal Pearl during his drum solo. I am sure this is exactly what RIM had in mind. :-) To learn more about the present, past and future of your new best friend (sorry for your dog!), join Brett Burney and I on the Mobile Track at ABA TECHSHOW. We will discuss and review an array of third party software to make your life easier and provide you with tips and how-to's for your preferred mobile platform (Windows mobile, Palm, iPhone, etc.). Bring your PDA with you!

NY Court Rules No Attorney-Client Privilege For E-mail Sent On Employer's Server

Sharon Nelson :: Sensei Enterprises (www.senseient.com) — Fri, 08 Feb 2008 15:56:51 GMT

On October 17th, 2007, the Supreme Court of New York County ruled that a doctor’s e-mails, sent on his employer hospital’s system, were not privileged. The hospital located the e-mails during discovery, did not read them, and notified the doctor of their existence. The doctor moved to suppress the e-mails, claiming they were privileged. The hospital claimed the doctor waived his right to privilege because hospital policy prohibited personal e-mailing while on the job, and the policy included the right to access the e-mails without notice. The doctor argued that he was protected by New York Civil Practice Law 4548, which states that no communication shall lose its privileged character just because it is transmitted electronically. The court applied a four-part test used in a bankruptcy case with similar issues to determine whether the attorney-client privilege would apply to personal e-mails exchanged by an employee with an attorney over a company-controlled communications system. The test states the privilege would not apply where (1) the company maintains a policy that bans personal or other objectionable use; (2) the company monitors employee use of computers or e-mail; (3) third parties other than the employee have a right to access the computer and the employee's e-mail; and (4) the company notifies the employee of its use and monitoring policies. The court concluded that the hospital had met all four requirements in this case, and denied the doctor’s motion to suppress. The full opinion can be found at http://www.nycourts.gov/reporter/3dseries/2007/2007_27429.htm I will be discussing this case as well as other new developments in e-discovery with Judge John Facciola and Browning Marean in “Report from the Front Lines: E-Discovery After the New Federal Rules,” on the E-Discovery track March 14 at ABA TECHSHOW.

ABA TECHSHOW Early Bird Registration Extended!

Tom Mighell :: Chair :: ABA TECHSHOW 2008 — Wed, 06 Feb 2008 21:26:44 GMT

That's right -- we're extending our early bird registration deadline to this Friday, February 8, so that you can take advantage of up to $300 in savings over the regular registration price for ABA TECHSHOW. Just head over to the Conference Registration Page (http://www.abanet.org/techshow/register/) and register today!

Missing Personal Information

Laura Calloway :: Alabama State Bar (www.alabar.org) — Tue, 19 Feb 2008 16:47:52 GMT

Numerous news sources began reporting on January 18th that data storage service Iron Mountain had lost a stored backup tape belonging to GE Money. Although there was no record that the tape had been checked out, Iron Mountain discovered it was missing when GE Money requested it in October. It took GE Money almost two months to reconstruct what data the tape had contained, after which they began notifying almost 230 national and regional retailers that the tape contained personal information on around 650,000 of their credit card customers. One hundred fifty thousand of those customers' social security numbers were also reported to be on the tape. Both Iron Mountain and GE Money state that there is no evidence that the tape was stolen or that any of the information has been accessed. One of the reports stated that the tape was unencrypted, however other reports have quoted Iron Mountain officials as saying that "We also understand the tape was created in such a manner to make unauthorized access extremely unlikely and difficult, even for experts with specialized knowledge and technology." Bob Moss, Catherine Sanders Reach and I will discuss issues related to on-line backup and storage of digital information for the law office at our Solo & Small Firm Track session Open Sesame: Ali Baba or the 40 Thieves on Friday, March 14th.

Use Technology To Anticipate Problems

Judge Christina Habas — Mon, 04 Feb 2008 23:19:52 GMT

10/16/07: Bockar v. Tartler d/b/a Rocky Mountain Limousine: 10/16/07

This is a personal injury case involving a car accident. At the start of the case, pursuant to custom, I read a list of witnesses to the jury panel to determine if they know anyone. No jurors raise their hand to indicate that they know any of the witnesses. During trial, as one witness was walking to the witness stand, a juror indicated that she knew the witness, but knew her from her name before marriage.

Lesson? Use technology to help avoid problems in trial. Presenting not only a list of witnesses, but also photographs of them would go a long way toward anticipating this kind of problem. Trials have become extremely expensive: guard against unnecessary expense by anticipating.

About the ABA TECHSHOW 2008 Keynote Speaker

Tom Mighell :: Chair :: ABA TECHSHOW 2008 — Wed, 30 Jan 2008 21:27:10 GMT

We are honored to announce that Marc Rotenberg, the Executive Director of the Electronic Privacy Information Center (www.epic.org), will serve as the keynote speaker at ABA TECHSHOW 2008. Our tentative title for the speech is "Who's Watching You? A Conversation About Privacy on the Internet," and we think it's a timely topic for lawyers these days. As the practice of law moves more and more towards using the Internet, huge amounts of confidential information are exchanged, communicated, or stored online. Some of the new online services promise greater efficiencies, better client service, and a more productive practice -- but are there privacy concerns? In addition to his work with EPIC, Mr. Rotenberg teaches information privacy law at Georgetown University Law Center, and has testified before Congress on many issues, including access to information, encryption policy, consumer protection, computer security, and communications privacy. He also serves as the Chair of the ABA Committee on Privacy and Information Protection. We are thrilled that Marc will be our keynote speaker, and we hope you can join us in welcoming him to ABA TECHSHOW 2008. For information on registering for ABA TECHSHOW, visit the website (www.techshow.com).

Persuasive Use of Timelines at Trial

Judge Christina Habas — Tue, 29 Jan 2008 22:41:55 GMT

9/11/07: People v. Davis, Courtroom 8, Denver District Court This is a complicated case brought under Colorado’s version of RICO, the Colorado Organized Crime Control Act. The case involves allegations of a conspiracy among numerous inmates at various correctional facilities over a span of some 15 years. The People have prepared timelines showing inmate’s assignments and movement among these facilities. There are so many different versions of timelines, however, that they have become nearly useless. Each inmate has a timeline, and each of these timelines takes 3 or 4 pages, making it cumbersome for jurors to review the information. MORAL OF THE STORY: The use of timelines can be far more complicating than helpful. Careful selection of different methods to identify events, people and dates, and allowing them to be compared, is crucial. Use of color, or whittling down the number of items to include in timelines, will often lead to a more useful exhibit. Because the timelines in this case were intended to show when various inmates were housed in the same facility, use of color and less use of words to allow the jurors to easily compare these facts would have made the exhibits far more persuasive and useful.

Widgets are back!

Dominic Jaar :: Bell Canada — Tue, 29 Jan 2008 23:01:49 GMT

No, I won’t take you back to this 1990s animated television series. I am referring to Web widgets, A.K.A. modules, capsules, snippets, gadgets, badges, minis or flakes. Those of you who use iGoogle or Google Desktop, Flickr, YouTube, etc. are probably aware of what widgets are. Even the new Windows Vista Sidebar includes widgets. However, even amongst these users, I suspect many are not aware of how they work and what they can be used for.

Basically, a widget is a portable snippet of code that can be embedded within most web pages in order to provide non-static information. Early examples of widgets were the infamous counters you still see at the bottom of a webpage where you are told you are the 10 000th person to view the page (and you just won 1M$!). However, the most used widget is obviously the advertising banner you see on many sites.

Personally, I use widgets on my iGoogle page to gain access to my Gmail account, to be informed about Law.com news, to access my Bloglines account and to see my new favorites on Del.icio.us. However, what I prefer is to embed within my blog contents from other websites that I think might be of interest to my readers.

For example, I have created this ABA Techshow widget. To place the ABA TECHSHOW blog widget on your blog or website, just insert this code:

Such a widget can act more or less as an RSS feed, i.e. instead of visiting the website every day to see what is new, you could add it to your person

ABA TECHSHOW Registration Open!

Tom Mighell :: Chair :: ABA TECHSHOW 2008 — Fri, 14 Dec 2007 17:06:50 GMT

Registration is now open for ABA TECHSHOW 2008 on the ABA TECHSHOW website. Be sure to register soon, to take advantage of our special Early Bird pricing. This pricing will only be available until February 1, 2008.

We're also pleased to announce that the ABA TECHSHOW 2008 program schedule is now online. You can view the educational sessions by track or from the day-by-day grid. We'll be posting biographical information about our speakers shortly.

Honoring Jim Keane and Excellence in eLawyering

Marc Lauritson :: Capstone Practice Systems (http://www.capstonepractice.com) — Wed, 12 Dec 2007 21:35:46 GMT

Nominations are being accepted for the James I. Keane Memorial Award For Excellence in eLawyering. See http://www.abanet.org/lpm/award/jimkeane/ for details. The awardee will receive a free registration and be recognized at a special luncheon at ABA TECHSHOW. 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.

Apple Sued Over iPhone Bricking

John Simek :: Sensei Enterprises (http://www.senseient.com) — Tue, 04 Dec 2007 19:05:42 GMT

On October 5, 2007, California resident Timothy Smith filed a class-action lawsuit against Apple, alleging that the iPhone maker violated the state's antitrust law. The suit was filed in California state court on behalf of Smith by Damian Fernandez, an attorney who has been seeking plaintiffs for a class-action case against Apple over iPhone bricking. Specifically, Smith claims that Apple is violating the Cartwright Act, because the company prohibits iPhone consumers from using and purchasing a cell phone service other than AT&T. The suit also asserts that cell phone unlocking is completely legal, citing traditional copyright law as well as the more recent Digital Millennium Copyright Act. In addition, Smith's suit claims that as a result of Apple's unlawful and anti-competitive conduct, consumers continue to pay artificially inflated prices for the iPhone and AT&T's cell phone service. The suit is asking the court to issue an injunction against Apple, which would prevent it from selling the iPhone with any software lock. It also asks that Apple be enjoined from denying warranty service to users of unlocked iPhones and from requiring iPhone users to get their phone service through AT&T. The complaint does not ask for a specific amount in monetary damages, rather the complaint alleges that the plaintiffs are seeking an amount according to proof at trial. At this point, Fernandez is still recruiting plaintiffs, so the size of the suit is undetermined, but the complaint does point out that there are an estimated 1.28 million iPhone owners who are potential plaintiffs. The complaint may be found here.

Plan for Future Discovery – Think Small…

Fri, 30 Nov 2007 18:43:59 GMT

The gluttony of today's society for more storage has a new warning on it – higher discovery cost. Businesses are imposing stricter adherence to retention policies for backups and making attempts to "clean house" on server storage. Who is thinking about controlling sizes of the networked PC local hard drive that are often requested to be forensically imaged in litigation?

With the potential need to make forensic copies of hard drives and costs involved with such, consideration should be made for the purchase of networked computers for users with smaller local hard drives. Although most manufacturers today do not make a drive smaller than 40 GB, there is still stock available for the 20 – 40 GB drives.

Adobe Gets Into Word Processing?

Wed, 28 Nov 2007 19:14:11 GMT

Adobe Systems announced their acquisition of Virtual Ubiquity at the Adobe Max conference on October 2nd. Virtual Ubiquity produces Buzzwords, an online word processing application. According to the "buzz" this is a feature-rich word processor, with some very slick real-time online collaboration built in. They are only allowing a limited number of people to preview Buzzwords, so you will have to put your name in the hat like everyone else.

Lately Microsoft has been finding real competition within the word processing arena, with the announcement of both software and online word processing applications, including Zoho, Google Docs, Lotus Symphony, Zimbra, plus nods to the standbys such as WordPerfect, OpenOffice, StarOffice, and Page 08 for Mac. Don't let it be said that there isn't a choice for word processing programs. However, making a choice will become more complex as the deciding factors will be cost, compatibility, and collaboration, in addition to feature set.

"Say what?" How about some plain English security warnings, please.

Sheila Blackford :: OSB Professional Liability Fund — Mon, 26 Nov 2007 17:15:14 GMT

I'm feeling syntactically clueless here. I don't know about you, but when I read about the RC4 stream cipher at the heart of the WEP protocol that encrypts packets of my information in a 24-bit initialization vector (IV to those of you who care) which is then "concatenated with the secret 104-bit RC4 common key to form the 128-bit per packet or session key" I get that English-major-sick-to-my-stomach-oh-no-Geekspeak-not-spoken-here feeling. There, I'm feeling better now, honest.

Seriously, I'd like to get "with-it." I'd even like to know why I should be aware of "aircrack-twp which uses the aircrack-ng toolkit" which I'm told is "readily available on the Web as a key recovery tool." Alas, I feel somewhat ambivalent about spending the time to find out what all this means since I suspect it will all be outdated by the time I figure out what I'm reading. Well, those of you who need a little hand-holding from an English major lost in Geeksville, here's what you need to know:

Beware. If you have a wireless set-up on your computer - wireless local area network (WLAN) -- especially if someone else installed it for you, check to see if the network is set up with a WEP protocol - look in your manual. The problem may be that the device still has the out-of-the-box default settings: username "admin" with no password. Yikes. This is as safe as hiding the key to your house under the doormat at your front door. Ok, get it out of there.

As to your WEP problem, change the username and use a strong password which is at least 8 digits and combines numbers, letters, and symbols. "Password" happens to be a "key-under-the-doormat" password and is most often taped in the bottom of your top right drawer of your desk. Ok, you've got to change that, too. Don't feel too bad about the WEP business. A security survey found that only 49% of wireless access point operators in New York City have upgraded from WEP to the more secure Wi-Fi Protected Access (WPA). Oh, and that aircrack-twp, it can recover a 104-bit WEP key in less than 60 seconds, which may not be a fair speed record because I suspect the WEP key is probably "Password" anyway.

Remember To Apply Non-Microsoft Security Updates

Wed, 21 Nov 2007 17:09:48 GMT

Most Windows users know the importance of applying Microsoft security updates for Windows, Internet Explorer, and Microsoft Office products. The second Tuesday of the month is "Patch Tuesday," when Microsoft regularly releases its updates. Microsoft's Security Central web page includes links to the latest security updates and other security information. It is equally important to promptly install security updates for other operating systems, browsers and application software. For example, Adobe recently released a security update for Adobe Reader and Acrobat. According to the Security Bulletin, it addresses critical vulnerabilities that could allow an attacker to take control of an affected computer when these products are used with Windows XP and Internet Explored 7. The exploit could be installed when a user opens a malicious PDF file. Apple, Mozilla, and Skype have also recently released security updates. It is critical to address everything installed on a computer.

Phrase Express: Autocorrect on Speed

Greg Siskind :: Siskind Susser Bland (http://www.visalaw.com/) — Mon, 19 Nov 2007 18:13:22 GMT

Here's a handy free tool from Bartels Media. Turn off AutoCorrect in Word and let PhraseExpress store your stock phrases and addresses and have them pop up whenever you type pre-set hotkeys and codewords.

Adding a Large Number of Photographs into PowerPoint 2007: Stop Inserting Photos One at a Time!

Fri, 16 Nov 2007 22:20:42 GMT

You do not have to insert one photograph and resize them one at a time! PowerPoint 2007 makes it pretty easy, especially if you are not using Sanction, Verdical or Trial Director.

Click on the Insert tab.
Click on the Photo Album button.

Click on the Insert picture from: File/Disk… button and browse out to select the photographs that you would like to include and select Insert.

Arrange the order by selecting the image and clicking on the up or down order buttons. You can also rotate and adjust the contrast and brightness.

Select the Picture Layout drop-down to specify how many pictures per slide and the default size. Fit to slide will resize every photo to fit the entire length and width of the slide.

Finally, select Create.

TIP: This feature is found under the Insert menu bar option in previous versions of PowerPoint .

Plaintiffs (Unsuccessfully) Sue Defendant's Attorneys for Copyright Infringement

Sharon Nelson :: Sensei Enterprises, Inc. (http://www.senseient.com) — Wed, 14 Nov 2007 18:40:24 GMT

On July 20, 2007, the District Court for the Eastern District of Pennsylvania dismissed a case accusing a former defendant’s attorneys of copyright infringement and seeking spoliation sanctions. Healthcare Advocates was the plaintiff in an earlier lawsuit that asserted claims for trademark infringement and misappropriation of trade secrets against a competitor. The Harding firm represented the defendants in that lawsuit, which was dismissed on summary judgment. After losing the first infringement suit, Healthcare Advocates turned their attention to the defendant’s attorneys. Healthcare Advocates claimed that, during the discovery phase of the previous suit, the Harding firm infringed on its copyright rights by viewing and printing copies of the archived images of the Healthcare Advocates' web pages. The Harding firm used a website operated by the Internet Archive to view archived screenshots of Healthcare Advocates' website via a tool called the Wayback Machine. The Wayback Machine allowed the Harding firm to see what Healthcare Advocates' public website looked like prior to the date the complaint was filed. The Harding firm printed copies of each archived screenshot and used the images during the course of the underlying litigation. However, the Harding firm did not actively save any of the screenshots they viewed onto their computer hard drives. Healthcare Advocates claimed that the firm’s use of the screenshots constituted copyright infringement. The court disagreed and granted defendant’s motion for summary judgment, finding that the Harding firm’s infringing use was excusable under the fair use doctrine. The court further rejected Healthcare Advocates’ request for spoliation sanctions. Specifically, Healthcare Advocates had argued that, since the Harding firm did not save the images directly to their hard drives, the firm had a duty to save the temporary or cache files that a computer automatically stores. Healthcare Advocates argued that if these temporary cache files had been preserved, they would have been able to determine if the Harding firm used the archived images for any purpose other than what had been alleged or admitted. Healthcare Advocates argued it was prejudiced without this evidence, and that the loss of these temporary files entitled it to a spoliation inference at trial. The court found that the Harding firm had no reason to anticipate that using a public website to view images of another public website would subject them to a civil lawsuit containing allegations of infringement, or that temporary cache files would be sought. The court found that very little fault could be attributed to the Harding firm for the loss of these temporary cache files. The court also found that Healthcare Advocates had not suffered significant prejudice from not being able to look at these temporary files, and concluded that sanctions were not appropriate. The full opinion of the court may be found here .

Apple Increases Market Share

Laura Calloway :: Alabama State Bar Practice Management Assistance Program — Thu, 01 Nov 2007 18:24:54 GMT

Looks like 2008 will be a great year for a Mac Track at ABA TECHSHOW. The New York Times reported in its October 21st edition that Apple will move into third place in the US computer market behind HP and Dell when it announces product shipments for the final quarter of 2007. While Apple's share of the market is still not huge, it's recent sales surge represents growth of 37% as many people have decided to try a Mac after purchasing an iPod or iPhone. Industry watchers believe that the introduction of the new Leopard version of the Mac OS X operating system will continue to drive a shift to Macs, particularly the iBook. 2007 is the first year that laptops made up more than 50% of all computers sold, however, two thirds of all Apple computers sold are laptops.