2018

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Juror Explains Voir Dire Do's and Dont's

Trial Technology

During Voir Dire, jurors will be watching you like a hawk. photo © Ted Brooks If you do jury trials, you're already familiar with the voir dire process and know how important it can be to your case. You can have a jury consultant assist with this process, or you might prefer to handle it on your own, but in either scenario it is the attorney who will be speaking with the jurors.

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Practice Management Software That Spans the Entire Client Lifecycle

TechnoLawyer

Today's TL NewsWire Hot Product is cloud practice management software that tracks "opportunities" in addition to matters, namely your sales pipeline prior to when clients engage your firm (see article below). In addition, you'll find links to many previous TL NewsWire Hot Products, including a litigation analytics product that enables you to analyze the historical record of experts and judges to inform your case strategy and brief writing.

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Bare Referral Fee Scrutinized in Class Action Law Suits

Legal Expert Connections

After one U.S. District Judge forced a law firm to reveal its referral fee arrangement in a recent prominent case, many legal experts are suggesting the industry may be at a tipping point where class action firms could be required to more fully disclose the distribution of their fees. In the market for lead plaintiffs in class action law suits, firms pay politically connected attorneys multi-million-dollar fees to provide firms with nothing more than an introduction to potential clients includin

Law 52
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The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

Discovery Advocate

The Clarifying Lawful Overseas Use of Data Act (Pub. L. No. 115-141 (2018), or the CLOUD Act, was enacted in the U.S. on March 23, 2018, in response to difficulties U.S. law enforcement agencies (LEAs) had when attempting to gain access to data held by cloud service providers through Stored Communication Act (SCA) warrants, as the SCA did not contemplate cloud computing when it was enacted into law; likewise, LEAs were also forced to utilize U.S.

Court 52
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Episode 16: Vishal Agnihotri on Knowledge Management for Law Firms & Legal Departments

Technically Legal

Our guest this time is Vishal Agnihotri, Chief Knowledge Officer (or “CKO”) for Hinshaw & Culbertson. As CKO, Vishal is responsible for the firm’s knowledge management programs. Vishal has a great definition for KM: the ability to identify critical knowledge within an organization and then leveraging it to serve up at the right time for the right purpose.

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Planting the Seed: Join LLM, Inc. in Supporting the Science Mill

Liquid Litigation Management, Inc.

Access to science, technology, engineering and math (STEM) educational events is essential for all students as they begin to explore career options. LLM, Inc. is proud to promote STEM education by supporting the Science Mill in Johnson City, Texas. Housed in a community landmark — an 1880 feed mill in the heart of the city — the Science Mill is a family destination for cutting-edge technology-based exhibits, games and programs for all ages.

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Gauging Alertness – There’s an App for That

Advocate's Studio

Some of my best work is done when I am alert. No, really – early mornings are my most productive time, when I am fresh from a full night’s sleep. No doubt, the large cup of coffee helps. But when I am alert, I can plow through tasks, no matter how mundane, and feel fully engaged with the project. But then, afternoon hits. About 2:00 pm, I start to feel my attention wander and my productivity decline.

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Antivirus Protection

NSLT

The Top 10 Best Free Antivirus Software There used to be many free antivirus programs but in recent years most are now paid. There still a few however which will scan your computer for free. Computer protection has never been as important as it is right now due to cybercrime at its highest level.

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TrialDirector 360

Trial Technology

TrialDirector 360 Although it hasn't yet been officially released yet, here are a few initial thoughts on the new TrialDirector 360 , some of which are from my LinkedIn post. If you'd like to follow along, feel free to connect and follow my profile: [link] You will need to set up an Ipro 360 account, which will manage your Ipro software and will eventually serve as another method of creating and working with your cases.

Software 130
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Litigation Statistics: Settle or Fight?

Trial Technology

Although the overall percentage of cases filed actually going to trial remains predictably low (around 2-3%, depending on where you’re getting your data, the period covered, and type of case), this year has started off (for us, anyway) with a trend we’ve seen before during times of economic growth. I’m not going to get all analytical here, but it is noteworthy to those involved in litigation and related services.

Litigator 130
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2018 - Something Old, Something New

Trial Technology

Y2K with Brobeck (scary times) Beginning with my time in-house at Brobeck (1998-2002), I have enjoyed writing about Legal Technology for many publications. Many reprints were available on earlier versions of the Litigation-Tech website. After some updates and upgrades over the years, these had become "orphaned," meaning they were still available online, but could only be found by running a specific web search.

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The Lawyer's Guide to a Well-Appointed iPad (Third Edition)

TechnoLawyer

Notwithstanding its immersive nature, ease of use, and large app library, the iPad suffers from a misperception that it's a toy not suitable for real legal work. The Lawyer's Guide to a Well-Appointed iPad sets the record straight, and will help you better leverage your iPad. Co-authored by seven iPad experts — all lawyers — it offers a carefully curated collection of apps, accessories, and power user tips.

Lawyer 52
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Get Inside the Heads of Experts and Judges Using Their Own Historical Data

TechnoLawyer

Today's TL NewsWire Hot Product enables you to analyze the historical record of experts and judges to inform your case strategy, including an expert's track record on Daubert challenges and citations your judge prefers (see article below). In addition, you'll find links to many previous TL NewsWire Hot Products, including cloud billing software for solos and small firms with new trust accounting and other billing productivity tools.

Judge 52
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Simply the Best: LLM, Inc. Voted No. 1 in Texas

Liquid Litigation Management, Inc.

Every year, Texas lawyers and firm administrators cast their Best Of votes for legal products and service providers that are critical to practicing law and managing their business. The results are in, and LLM, Inc. was voted No. 1 in three categories: National End-to-End Discovery Provider , Texas-based End-to-End Discovery Provider and Matter Management Solution.

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Swapping Bots for Lawyers Via App: DoNotPay

Advocate's Studio

I know it has been a fearfully long while since I last posted here. I forgive anyone and everyone from abandoning the empty, echoing halls of AdvocatesStudio for greener and more fertile and more updated tech blog pastures. Yet, here I am, writing again, prompted by the thought that suing someone may be as simple as downloading an app. DoNotPay, a robot lawyer Chatbot app, is now promising to help people file suits in small claims court, no JD required.

Lawyer 52
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Discovery Sanctions…not just for Defendants

Liquid Litigation Management, Inc.

While it is common to hear about large corporate defendants being sanctioned in huge products liability cases for not properly disclosing information, an individual plaintiff being sanctioned for the same offense is far less common. However, a recent Order issued In re: Taxotere Products Liability Litigation sanctioned a bellwether plaintiff for withholding information about her medical history and not producing documents.

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Episode 14: Barry Solomon on Legal Marketing and Technology

Technically Legal

In Episode 14 we talk to Barry Solomon, lawyer, former BigLaw CMO (Chief Marketing Officer) and current President of Foundation Software Group. Foundation develops experience management software for law firms. Barry distinguishes marketing from business development and explains how the two should work together. Barry says the key to good business development is to really listen to clients about their needs.

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It’s a Partnership: Corporate Counsel and Business Team

Liquid Litigation Management, Inc.

In-house counsel’s role continues to evolve within many corporations. Increasingly, counsel is regarded not only as an advisor, but also as a partner that’s integral in the growth of a business. What actions and approaches should counsel take to best meet this new role? Big Law Business reported on insight from Whitney Hudak, corporate and commercial counsel at Lyft.

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HTTPS Security Recommended for Law Firm Websites

Legal Expert Connections

A law firm website is its most important marketing tool, particularly for insurance defense or AmLaw 100-200 law firms that do not typically run online advertising campaigns. Once a prospect learns about your law firm, they often visit your attorney bio pages and practice area pages to learn more about your services. Recent Internet industry efforts to increase online security standards include the upgrade from “HTTP” to “HTTPS” protocols.

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Attorney Advertising Model Rule 7 Updated by ABA

Legal Expert Connections

The American Bar Association has amended Model Rule 7 of the ABA Model Rules of Professional Conduct, which regulates attorney advertising. The Supreme Court allowed attorney advertising in Bates v. State Bar of Arizona in 1977, and states have regulated attorney advertising in a large variety of ways for four decades. The newly amended Model Rule 7 was tweaked over the course of two years in the hope of unifying attorney advertising rules across the country, according to Lucian Pera, chair of t

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E-discovery, the Cloud and Blockchain – How New Practices May Require a ‘Back to School’ Approach

Discovery Advocate

The practice of e-discovery has always incorporated considerations of new and emerging technologies as well as related attorney competence. With the advent of cloud services and significant use by clients, e-discovery practitioners incorporated knowledge of those new platforms and offerings into their preservation strategies and requests for production, appropriately considering a variety of client and party uses of the cloud , especially for heavily used services such as email, customer relatio

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Pardon the Interruptions

Liquid Litigation Management, Inc.

Knock, knock Who’s there? Interrupting cow Interrupting cow– Moo!! Anyone who has sat through any oral argument knows that interruptions can just be a part of the game, whether those interruptions are by judge or opposing counsel. The same holds true in the Supreme Court. The SCOTUS blog took a look at data from the 2017 term to identify patterns. One element that they looked for was if gender imbalances in oral argument interruptions of previous years continued in 2017.

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Episode 13: Justine Gottshall on Data Privacy Laws

Technically Legal

For Lucky Episode 13, we talk to Justine Gottshall about data privacy laws. Specifically, about the GDPR and California’s Consumer Privacy Act.Justine is a partner at InfoLaw Group, where she counsels clients on data privacy, technology, information governance, consumer protection, and digital marketing issues. Justine began her career as a Washington D.C. litigator and was involved in the FTC’s first data privacy investigation.In this podcast, Justine explains to whom the GDPR and CCPA apply an

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eDiscovery and Technology

Discovery Advocate

Should All States Require Continuing Technology Education (CTE)? For more than five years we have discussed the need for attorney competence in technology, especially as related to discovery in posts like this one and this one. As Electronically Stored Information (ESI) continues to grow, it is critical for all attorneys to understand ESI and evolving technology.

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What the Working Party might be Thinking about Discovery – WP 261 Derogations to the GDPR

Discovery Advocate

On Feb. 6, 2018, the Article 29 Working Party (Working Party 29) published Working Paper 261 (WP 261), which provided guidance on the provisions of Article 49 of the European Union’s (EU) General Data Protection Regulation (GDPR). This guidance was especially interesting to data privacy attorneys and litigators (primarily e-discovery practitioners) in the United States who had been considering the operation of GDPR Article 49 as it relates to cross-border data transfers undertaken in the context

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What Judges are really saying about Technology Assisted Review

Discovery Advocate

Since the first judicial opinion endorsing the use of Technology Assisted Review (or TAR) was written by Judge Andrew J. Peck in 2012, an entire legal industry has grown up on the premise of streamlining the document review process in discovery – that is, taking a repetitive task traditionally performed entirely by attorneys and introducing the concept of computer assistance to increase efficiency and improve consistency.

Judge 52
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Ep 022: Elevate’s Acquisition of LexPredict, with Pratik Patel and Dan Katz

LawNext podcast

In major legal industry news, global law company Elevate announced its acquisition of the legal AI technology and consulting firm LexPredict. The move combines the comprehensive legal services offering of Elevate with the data science team and AI engine of LexPredict. With Elevate’s alternative services model and LexPredict’s cutting-edge technology, does this acquisition foreshadow the future of legal practice?

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Ep 021: Blockchain, Smart Contracts and the Future of Law, with Casey Kuhlman of Monax

LawNext podcast

Is the traditional form of contracting broken? Are static legal agreements irrelevant in a fast-moving global economy? Casey Kuhlman , CEO of the blockchain and smart contracts company Monax, believes we’re on the brink of a paradigm shift in how we form and execute legal agreements. Kuhlman and Monax are the principal forces behind the launch of the Agreements Network , which he describes as the “legal layer for a networked world.

Law 40
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Bonus Episode: Podcasting Savvy: A Panel on Law Firm Podcasting

LawNext podcast

In this special bonus episode of LawNext, we bring you a panel discussion on savvy podcasting for lawyers. Recently, at the 2018 Northeast Regional Conference of the Legal Marketing Association, LawNext host Bob Ambrogi joined a panel of legal marketing and media experts to discuss podcasting for lawyers and law firms. The panelists shared their tips and experiences on starting, producing and promoting legal podcasts.

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The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

Discovery Advocate

The Clarifying Lawful Overseas Use of Data Act (Pub. L. No. 115-141 (2018), or the CLOUD Act, was enacted in the U.S. on March 23, 2018, in response to difficulties U.S. law enforcement agencies (LEAs) had when attempting to gain access to data held by cloud service providers through Stored Communication Act (SCA) warrants, as the SCA did not contemplate cloud computing when it was enacted into law; likewise, LEAs were also forced to utilize U.S.

Court 40
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Ep 020: Live from Moscow: Two Interviews on the State of Legal Tech in Russia

LawNext podcast

In this episode of LawNext, we take you live to Russia, where we interview two of the leading experts on Russian legal technology to get their insights and perspectives on the state of innovation and development there. What they say may surprise you. Host Bob Ambrogi recently visited Moscow as the keynote speaker at the Skolkovo LegalTech conference.

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Ep 019: NetDocuments CTO Alvin Tedjamulia on Helping Lawyers Learn to Love the Cloud

LawNext podcast

When Alvin Tedjamulia cofounded NetDocuments in 1998 as the first cloud-based platform for document and email management, few lawyers had any concept of what it meant to work in the cloud. Today, NetDocuments has grown to become one of the leading DMS systems in legal, counting some of the world’s leading law firms and corporations as its customers.

Lawyer 40
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A Bot-Champion for Financially-Inclined Women!

Advocate's Studio

Kudos to the Financial Times , that bastion of male writers covering male-dominated endeavors and industries! It recognized that there are women who might be interested in their articles! Also, it noted that not enough women experts were being leveraged in their articles! Finally, it recognized research that suggests that women might be put off by articles that quote heavily or exclusively from men!

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Antivirus Protection

NSLT

The Top 10 Best Free Antivirus Software There used to be many free antivirus programs but in recent years most are now paid. There still a few however which will scan your computer for free. Computer protection has never been as important as it is right now due to cybercrime at its highest level.

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Ep 018: Adam Ziegler on How Harvard Put 360 Years of Case Law Online

LawNext podcast

The recently launched Caselaw Access Project is the capstone to a massive undertaking executed over three years to digitize all U.S. case law, some 6.4 million cases dating back to 1658. Leading the project was Adam Ziegler , director of the Library Innovation Lab at Harvard Law School, which partnered with Ravel Law to digitize the school’s entire library of U.S. cases.

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eDiscovery Basics

NSLT

Electronic Discovery – E-mail Chains There are many terms that we use when working with electronic discovery. This term relates to the e-mail data. A conversation that takes place within an e-mail application is referred to as an “e-mail chain” or an “e-mail string” or an “e-mail thread”.

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eDiscovery Basics

NSLT

Electronic Discovery – E-mail Chains There are many terms that we use when working with electronic discovery. This term relates to the e-mail data. A conversation that takes place within an e-mail application is referred to as an “e-mail chain” or an “e-mail string” or an “e-mail thread”.