Saturday, September 17, 2016

Judge Discusses Application of #FRCP #LegalTechnology

At the 2016 Conference on Preservation Excellence, six current and former federal judges discussed key e-discovery cases from the past year. Here are eight they explored in depth.
, Legaltech News
    | 0 Comments
It's all well and good to discuss the Federal Rules of Civil Procedure (FRCP) amendments—Legaltech News has done its fair share over the past nine-plus months since they went into effect. But in a practical sense, how are they being applied in courts?
As it turns out, it's been a mixed bag, and even federal judges don't agree on some of the nuances of how the new rules should be applied. At the 2016 Conference on Preservation Excellence (PREX), six current and former federal judges discussed 12 key e-discovery cases from the past year. Here are the eight cases the judges explored more in-depth, along with some insights from those in charge of making decisions.

The Cast

• Ron Hedges, former U.S. magistrate judge on the U.S. District Court for the District of New Jersey and current senior counsel, Dentons.
• Frank Maas, U.S. magistrate Judge, U.S. Southern District of New York
• Andrew Peck, U.S. magistrate judge, U.S. Southern District of New York
• Xavier Rodriguez, U.S. district judge for the Western District of Texas
• Shira Scheindlin, former U.S. district judge for the Southern District of New York and now of counsel with Stroock & Stroock & Lavan LLP, New York
• David Waxse, U.S. magistrate judge, U.S. District of Kansas

The Cases

1. O'Berry v. Turner (M.D. Ga.)
In this case, Turner, driving for ADM Trucking, crashed into O'Berry in 2013. Turner's manager, rather than preserving the employee's driving log electronically, printed out a paper copy of the log, put it in a manila folder, and subsequently lost the record during a move. "The court found that printing and storing a single printed copy did not constitute intent to preserve, but then the court took an additional step and said there was intent to deprive," Judge Scheindlin explained.
Judge Scheindlin: "The court really dwelled on the fact that nobody contacted this manager until February 2016, despite the fact the accident happened in 2013." She also added that ADM's acts were "shiftless," saying, "They were returning this information over, and to me it seemed purposeful."
Judge Peck, however, disagreed on the definition of intent: "To me, it is a clear purpose to deprive the other side of the information."
2. Shawe v. Elting (Del. Chancery Court)
In the case of a relationship gone wrong, the Delaware Chancery Court was asked to settle a dispute in which two parties were splitting up business assets of, ironically, a company that conducted e-discovery and other forensics. During discovery, Shawe gained access to ex-girlfriend Elting's emails, made an image of her computer, discarded his cellphone under circumstances the court called "inexplicable," and deleted emails that were later recovered. The court ordered Shawe to pay 33 percent of the other side's legal fees for the whole trial, as well as 100 percent of expenses incurred during litigation of sanctions hearings.

1st Integrated Electronic Courtrooms !


In Miami, the integrated courtroom was used for international litigation, with witnesses in different time zones and language barriers.
, Legaltech News
    | 0 Comments

Opus 2 International’s hearing room built for electronic paperless trials.
Opus 2 International’s hearing room built for electronic paperless trials.

The fully integrated electronic courtroom has arrived on American shores. Litigation services and software company Opus 2 International announced the completion of what it called the "first integrated 'pop-up' electronic courtroom built for paperless trials" in Miami, and confirmed the opening of a similar electronic courtroom in New York in early September.
Brenda Mahedy, head of global marketing at Opus 2 International, noted that while "various disparate hearing room services already exist in the U.S., such as trial presentation tools, third-party interpretation services, video conferencing," it is rare that all these services "are fully integrated with one another, yielding a much more seamless and efficient process" during trial.
While Opus 2, best known for its cloud-based collaborative work platform Magnum, could not disclose the details of the Miami trial for which the electronic courtroom was built, it noted the parties were two multinational companies with branches in the United States, U.K. and Europe engaged in international litigation. Both parties came to the trial with an extensive array of technology and witness services, including evidence and trial presentation technologies and French, Spanish and English interpretation services.
As the global economy "naturally leads to more cross-border matters and arbitrations that span multiple jurisdictions," Mahedy said, electronic courtrooms can prove pivotal by enabling "remote lawyers, arbitrators and witnesses to engage with the proceedings and contribute as though they were physically located in the room."
The increase of international litigation in U.S. court, she added, will help build momentum toward leveraging technology for use during trials.
Writing for Legaltech News, Clare Foley, vice president for litigation solutions for Opus 2, noted that while slow to take off, there are already instances of courts using of trial tech, such as state courts in Texas and Utah, which require the electronic filing of all civil cases.
On the federal level, U.S. district courts in the District of Columbia, the Western District of Michigan, the Central District of California and the Western District of Kentucky also provide evidence presentation capabilities, primarily though the addition of audio and video hardware in their courtrooms, Foley added.
Foley reasoned that the broader move toward electronic courtrooms in the United States is challenged by the country's decentralized courts systems, which can vary in their ability to implement legal technology and by their organizational structure and standard procedures.
The slow pace of courtroom digitization in the United States is in stark contrast to the rampant changes happening in the U.K., where electronic courtrooms first landed in the 2012 trial of Berezovsky v. Abramovich . The trial sparked a push by U.K. judicial authorities toward modernizing the country's courts and legal systems.

#BlackLivesMatter Shoots 2 COPS - Gets Niggah Ass Blasted to Hell !!! ROFMLO !!

2 Police Officers Shot, Gunman and Bystander Dead in Philly Ambush

2

SIGN UP FOR OUR NEWSLETTER

A gunman who targeted police was killed after he ambushed and shot two police officers and four civilians in Philadelphia, killing a bystander.

Police identified the gunman as 25-year-old Nicholas Glenn, according to Philadelphia Police Commissioner Richard Ross.
Glenn ambushed 46-year-old Sgt. Sylvia Young and shot her in the arm and upper body, Ross said.
During Glenn’s attempt to flee after shooting the sergeant, he shot a security guard, a bar patron, and two people inside a vehicle, The Philadelphia Inquirer reported.
Glenn shot and wounded the security guard before he used a bar patron as a shield and later shot her in the leg, Ross said.
The bystanders in the car, a man and a woman, were both hospitalized before the woman in her 20s was pronounced dead, The Inquirer reported.  The man remains in critical condition.
Ed Miller, who is the 56-year-old police officer with The University of Pennsylvania, confronted the shooter along with two Philadelphia police officers in an alley and killed the suspect upon firing, according to The Inquirer.  Miller was wounded in action.
Ross said a note containing anti-police rhetoric naming a parole officer as a target was found near the scene, The Daily Mail reported.
Mayor Jim Kenney praised police officers and urged them to wear their protective vests.
“Thank you for what you do for us every day, and please, please, please, every shift, please wear your vest,” he said to The Daily Mail. “They will save your life, as we saw tonight.”
Republican presidential candidate Donald Trump offered his condolences to the Penn and Philadelphia police officers in a tweet.

Thursday, September 15, 2016

#Trump #Clinton and the Courts ! #Law #Legal

Clinton v. Trump: Close-Up on the Courts

ClintonTrump-SupremeCourt-Hub
Be it Hillary Clinton or Donald Trump, the candidate elected president in November will put an enduring stamp on the federal courts. Read our complete coverage.

The-White-House
Federal Bench Hangs in the Balance With Election Weeks Away
BY ZOE TILLMAN
The courts have been a flashpoint in this election—and the U.S. Supreme Court is just the beginning. Here’s what we know about how Donald Trump and Hillary Clinton would approach judicial nominations.

Antonin Scalia
Election Could Alter Supreme Court’s Business Agenda 
BY TONY MAURO
The court’s pro-business momentum around class actions and arbitration has slowed since the death of Justice Antonin Scalia. The president who chooses Scalia’s replacement could determine whether the trend picks back up or reverses.

US-JudicialVacancies-map
At a Glance: Where the Judicial Vacancies Are 
There are currently 96 federal judicial vacancies, including 10 district court seats in Texas, six in Pennsylvania and five in Florida. Judicial retirements mean the total number of unfilled judgeships may climb before the next president takes office.

Donald Trump
11 Georgia Judges to Watch If Trump Wins the White House
BY R. ROBIN MCDONALD
The Southern state has an abundance of conservative legal talent waiting in the wings.

Galveston-Courthouse
Why Texas Has a Serious Judicial Vacancy Problem
BY JOHN COUNCIL
With 10 open district court seats and a mounting case load, Texas has a significant judicial vacancy issue. What’s behind it, and how might things change when the next president takes office after the November election?

Senator-Marco-Rubio
Will Election End Florida’s Judicial Emergency?
BY CELIA AMPEL
Facing opposition from U.S. Sen. Marco Rubio, one nominee has waited more than 18 months for a confirmation hearing.

Federal District Courthouse Trenton
Five Ways Trump Could Change the Federal Bench in New Jersey 
BY CHARLES TOUTANT
If Hillary Clinton succeeds President Obama, the status quo is reinforced; if the “unpredictable” Donald J. Trump is elected all bets are off.

      #NYC KIOSKS CLOSED AFTER WIDE-SPREAD PORN USE ! #OBAMA

      By   

      Want to know why we can’t have nice things? Because apparently, the public  — or at least parts of New York — is not to be trusted.
      Eight months after the appearance of the first LinkNYC hubs, which are  — or were — internet kiosks meant to help bring the Big Apple into the 21st century, the city has taken a step back. Some of these kiosks were not used to “save data on their mobile plans, call relatives across the country, and get a much-needed quick charge” as they were originally intended. Instead, they were used to watch pornography.
      Per an announcement from the LinkNYC team, “We … know that some users have been monopolizing the Link tablets and using them inappropriately, preventing others from being able to use them while frustrating the residents and businesses around them. The kiosks were never intended for anyone’s extended, personal use and we want to ensure that Links are accessible and a welcome addition to New York City neighborhoods.” Which, as it turns out, they were not, particularly along Manhattan’s 8th Avenue, where abuse of the kiosks was particularly rampant.
      The decision was released shortly after Motherboard published its own report examining the prevalence of homeless men stationing themselves in front of the LinkNYC hubs to use the internet. Evidently, the hubs have also become hotspots for public drinking and drug use —  the opposite of the hubs’ original intention to “improve the quality of life.”
      “As New Yorkers ourselves, we want LinkNYC to provide the best possible experience for Link users and the communities around them,” LinkNYC said. As of Wednesday, that includes, “removing web browsing on all Link tablets while we work with the City and community to explore potential solutions, like time limits” that mitigate some of the problems the hubs are experiencing.
      “Other tablet features — free phone calls, maps, device charging, and access to 311 and 911 — will continue to work as they did before, and nothing is changing about LinkNYC’s superfast Wi-Fi,” the team notes. “As planned, we will continue to improve the Link experience and add new features for people to enjoy while they’re on the go.”

      Thursday, June 9, 2016

      MN: Somali youths found guilty in plotting to join #ISIS #TERROR @Savage

      Jamal says “all-white jury” handed down verdict

      Posted by Ann Corcoran on June 9, 2016
      There is so much new news that needs to be reported and discussed that writing once again about Somali (Minnesota-raised) youths, who have been found guilty of supporting ISIS after about 40 other Minnesota-raised Somali former refugees have gone to join the jihadists, is annoying.
      Omar Jamal MPR
      Omar Jamal (Somali community organizer) suggests all-white jury might not have been impartial. Photo:http://www.mprnews.org/story/2009/04/24/omar_jamal
      As a matter of fact, there are three issues that I’ve been writing about for about EIGHT years that annoy me to have to continue to write about! One of the three is what I reported last night—we are takingillegal aliens from Malta and spending at least $20,000 a pop for starters to resettle them in your towns.
      Another EIGHT-year-old story is about how we eight years ago did NOT take Rohingya Muslims from Burma to the US (because of their links to radical groups in Bangladesh, Burma and Thailand), but now we take in thousands!  (See our huge archive on the Rohingya by clicking here, do you want to write a book?).
      And, the third storyline I am sick to death of is this one—poor Somali kids with no future in Minneapolis who are mysteriously radicalized and give a middle finger to you (the taxpayer) and head out to join the Islamic killers elsewhere in the world (I don’t know why we even try to stop them).
      This latest bunch will now cost taxpayers hundreds of thousands of dollars to keep them behind bars—JUST LET THEM GO TO ISIS!

      Here comes Jamal!

      Then to top off my annoyance this morning—that I’m writing probably the hundredth post on these “kids”—I’m seeing that Omar Jamal has still not gone away!

      You can read the whole conviction story yourself here at Twin Cities Pioneer Press.

      But, who should appear speaking for the Somali “community”—none other than the Somali Jesse Jackson himself, Omar Jamal!

      Twin Cities Pioneer Press:
      Outside the courtroom, Omar Jamal, a Somali community activist, worried that the Somali community would find little solace or justice in guilty verdicts handed down by an all-white jury that was shown violent Islamic State propaganda videos.
      “This decision will reinforce the perception in the community that the system is rigged,” Jamal said.
      Damn we have been writing about the man convicted of immigration fraud for EIGHT years.
      Although we had noticed him before, he made a big splash on the scene in Denverwhen just a short time before the 2008 Democrat convention a Somali man from Canada was found dead in a Denver hotel (near the convention site) with enough cyanide to kill hundreds. Jamal shows up and persuades authorities (or at least tells the media) to move along, nothing to see, just a crazy guy from Canada.
      If you have the time and patience, follow Jamal’s ‘career’ here at RRW.   See his arrestin Minnesota in 2003 on immigration violations (he was an illegal alien!).   See here in 2009 where Minnesota Public Radio outed him (to some degree).  So why was he never deported? Does he work for the feds?
      But, it seems that lazy reporters continue to call upon him for his comments every time a Somali does something bad almost anywhere in America!
      Then get this, the Minneapolis Star Tribune published his mealy-mouthed op-ed yesterday in which he says that US policies in the war on terror will drive more of the little confused darlings*** to join the jihad. He said:
      In fact, I am afraid that if aggressive, heavy-handed policies continue unchecked in the war on terror, this recent trial will be a Trojan horse to further recruit more kids to ISIL.
      Why does anyone give this man any ink when he should be in jail or deported himself!
      Where are you Jared?  How about a story on Jamal? He is right there in your hometown!
      ***These are the “kids” you “welcomed” to America, paid for their housing and food, their educations.  You kept them healthy enough to grow up even (to become Islamic soldiers), and what do you get?  They hate you and they hate America. I suggest we make it easy (and cheaper for us), ask them if they want to go to the Middle East or back to Somalia and pay their airfare (and take away their passports when they board that plane!).  What is that expression our Mom’s used: “Good riddance to bad rubbish!”

      Wednesday, April 27, 2016

      Amazon Files Suits Against Five Sites Over Fake Reviews


      For budding novelists looking to stand out, the website PaidBookReviews.org offers a package of 100 book reviews on Amazon for the low price of $2,200. The website was one of five sites Amazon sued in Washington state court, part of the online retailer’s year-long campaign to snuff out networks of fake reviews on its site.
      Read the article: CNET

      FBI Won’t Share iPhone Hacking Info with Apple
      The Federal Bureau of Investigation plans to tell the White House it knows so little about the hacking tool that was used to open a terrorist’s iPhone that it doesn’t make sense to launch an internal government review about whether to share the hacking method with Apple Inc. The decision, and the technical and bureaucratic justification behind it, would likely keep Apple in the dark about whatever security gap exists on certain models of the company’s phones, according to people familiar with the discussions.
      Read the article: The Wall Street Journal

      SWIFT Warns Banks About Multiple ‘Cyber Incidents’
      SWIFT, the global financial network that banks use to transfer billions of dollars every day, warned its customers that it was aware of “a number of recent cyber incidents” where attackers had sent fraudulent messages over its system. The disclosure came as law enforcement authorities in Bangladesh and elsewhere investigated the February cyber theft of $81 million from the Bangladesh central bank account at the New York Federal Reserve Ban