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Archived Since:April 9, 2008

Blog Post Archive

Lawyers Are 'Chronically Under-Performing,' Survey Finds

If you're sitting at your desk waiting for the phone to ring, that's usually not a good sign. It could be that you are not busy enough, and you know what that means. A new survey of law firm leaders confirms what you may have feared. According to legal......

'Google' Trademark Survives 'Genericide'

A federal appeals court ruled Google may keep its trademark for the name, despite claims that the word has come to mean "to search the internet." The U.S. Ninth Circuit Court of Appeals said trademarked names can lose their proprietary meaning as they become generic terms. However, the court......

4th Circuit Rules Against Trump's 2nd Travel Ban

A federal appeals court rebuked President Trump's latest travel ban against people from Muslim-majority countries, saying the executive order "drips with religious intolerance, animus and discrimination." The U.S. Fourth Circuit Court of Appeals said the First Amendment forbids government from establishing "any religious orthodoxy, or favor or disfavor one......

Citepad: a Digital Keypad for Lawyers

Citepad is like a magic wand that floats over your screen and inserts legal terms, symbols, and phrases into documents with the touch of your finger. It does not turn your computer screen into a touch screen, but you "touch" the Citepad virtual keyboard with your mouse and "Voila."......

Another Federal Court Upholds Another Injunction on Another Trump Travel Ban

As the saying goes, if at first you don't succeed; try, try, try again. President Donald Trump may be on his third try after his second attempt at an executive order limiting travel from several predominantly Muslim countries was blocked much in the same way as the first. The U.S.......

Creativity Required for Creating New Jobs as Robots Take Old Ones

Technology is like an unstoppable wave, rushing upon the shore and scattering countless grains of sand. In the same way, technology will wash away workers in the coming economic sea change. Smart machines will take their jobs, and they will need new ones. Darlene Damm, writing for the Harvard......

Arizona Summit Law School Survives Another Lawsuit -- for Now

It was a two-fer at embattled Arizona Summit Law School. Two former professors sued the law school for breach of their employment contracts, but a federal appeals court affirmed the dismissal of their case. It was the second win this year for the school, which has been embroiled in......

Selling Without Really Selling: Easy Sales Tips for Lawyers

A new client arrived at my office on a motorcycle and parked next to mine. We talked about our rides, then went inside to talk business. In that first meeting, I told him he would need to deposit a $25,000 retainer. He gave me $50,000. There was no sales......

Microsoft's New Server Can Serve Lawyers

One thing for sure about the future of legal tech, there will be upgrades. In that tradition, Microsoft has announced its newest edition of SQL 2017 -- a server that features software upgrades that may serve lawyers well. It is not a lawyer product, per se, but it has......

What's in a Pseudonymn? Judicial Nominee May Find Out

John K. Bush, a nominee to the U.S. Sixth Circuit Court of Appeals, probably never expected his blogs to get him much attention because he wrote under a pseudonymn. He wrote more than 400 blog posts from 2007 to 2016 about a wide range of political issues, largely from......

Fake Email Puts Barclays CEO on the Spot

At a roast, at least one joke cuts so close that the audience laughs only because people aren't sure how to react. It happened at a roast recently for Jes Staley, chief executive officer for Barclays. The bank was hosting its annual shareholder meeting, where Staley got the brunt......

Prenda Copyright Troll Disbarred, Faces Fraud and Money Laundering Charges

For John Steele, who now has been disbarred for his part in a copyright-trolling scheme, it could have been worse. He could be dead, like his law partner. Actually, it does get worse for Steele. He is awaiting sentencing on fraud and money laundering charges. When it rains, it......

Supreme Court Ruling Stymies Patent Trolls

In a blow to 'patent trolls,' the U.S. Supreme Court said venue for corporate defendants in patent litigation is where they are incorporated. The decision threw a roadblock in the way of companies that buy patents just to demand royalties and sue. The high court said patent claims must......

How to Hone Your Persuasion Techniques and Tactics

From memos to moot court, law school students are trained in the art of persuasion. Unfortunately, much of that art goes to seed upon graduation, or is reserved only for the biggest case filings or court appearances. While some attorneys will find the argument in anything, many more lawyers think......

Chemerinsky Named Law Dean at Berkeley: What Are His Priorities?

Constitutional law expert and educator Erwin Chemerinsky will be the new dean at UC Berkeley School of Law, taking on economic challenges that have impacted law schools everywhere and hoping to leave behind a sexual harassment controversy that had tarnished the storied educational institution. Chermerinsky, who is currently dean......

Bad News for Patent Trolls: Forum Shopping Is Finally Over

After a ruling by the U.S. Supreme Court in TC Heartland v. Kraft, patent trolls will have a harder time proving their cases. That's because now patent claims will have to be made in a defendant's home state -- not in a forum-friendly jurisdiction that trolls have used to litigate......

California Courts at High Risk for Quake Damage

This is not a script for a disaster movie; it's just a script for disaster. According to the California Judicial Council's Court Facilities Advisory Committee, scores of courthouses pose a high or very high risk of falling apart in an earthquake. More than 140 courts are seismically unsafe, the......

Tips for Adapting to Law Firm Culture

Ever gone somewhere, like another country, and tried to adapt to a foreign culture? Maybe you had to learn a language, or at least a few phrases, to get around. The food, the dress, the music -- everything that made it interesting also made it a challenge to fit......

Another Uber Lesson: Firing an Employee at the Center of Scandal

Uber has more problems than an old car and it's starting to break down -- legally. Drivers have sued the company for overtime and other complaints. Contractors have sued for unpaid bills. A competitor has sued for stealing technology. But if ever there were a legal spot between a......

Facebook Revenge Porn and 'Sextortion' -- Too Many Cases to Handle

'Sextortion' is what is sounds like, and you shouldn't have to see it to know it. Likewise, 'revenge porn' is descriptive enough that you probably know what's wrong with that picture. In a time when pornography has reached virtually every corner of the internet, perhaps it is no surprise......

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