http://www.abajournal.com/news/ en abajournal@staff.abanet.org Copyright 2012 Feb 14, 2012, 08:35 pm GMT http://www.abajournal.com/news/article/suit_claims_ex-partner_installed_software_allowing_continued_access_to_law_/ http://www.abajournal.com/news/article/suit_claims_ex-partner_installed_software_allowing_continued_access_to_law_/#When:Mon, 13 Feb 2012 13:31:02 -0600 A Pennsylvania law firm has sued a former partner, claiming he installed software allowing remote access to its computer network before he jumped to a new firm. The law firm, Elliott Greenleaf & Siedzikowski, filed a motion for an injunction to stop the alleged hacking on Thursday, the Legal Intelligencer reports. The federal suit claims the former managing partner of Elliott Greenleaf’s Harrisburg office, William Balaban, is accessing the files via Dropbox software installed before he abruptly left at the end of January. Balaban and two Elliott Greenleaf associates left to join the law firm Stevens & Lee; it has also been named as a defendant along… Business of Law, Law Practice Management, Legal Technology, Internet Law, Law Firms, Trials & Litigation Feb 13, 2012, 07:31 am CST http://www.abajournal.com/news/article/around_the_blawgosphere_legal_ethics_forum_greenfield_okeefe/ http://www.abajournal.com/news/article/around_the_blawgosphere_legal_ethics_forum_greenfield_okeefe/#When:Fri, 10 Feb 2012 14:30:48 -0600 Profs' Blogging Symposium This week, Legal Ethics Forum hosted the "LEF Symposium on Legal Education's Response to the Economic Realities Facing the Profession." It was conducted by having more than 20 law professors contribute posts over a three-day period about "the implications of economic pressures on the way we teach our students. ... Our goal is to inspire a meaningful conversation about how we can better serve and prepare our students in light of the economic realities they face." Most of the bloggers were LEF's regular contributors, although the University of Colorado Law School's Paul Campos wrote a post as well: " Business of Law, Law Practice Management, Legal Marketing & Consulting, Legal Technology, Law Professors, Law Schools, Law Students, Legal Ethics, Privacy Law Feb 10, 2012, 08:30 am CST http://www.abajournal.com/news/article/unaware_that_anonymous_hacking_group_existed_until_friday_law_firm_partner/ http://www.abajournal.com/news/article/unaware_that_anonymous_hacking_group_existed_until_friday_law_firm_partner/#When:Mon, 06 Feb 2012 20:02:04 -0600 Unaware until Friday that the hacking collective known as Anonymous existed, partner Neal Puckett has gotten an extensive education in Internet security issues for law firms over the past three days. The attack that began Friday on Puckett & Faraj could have been much worse, he tells the ABA Journal, and it is some comfort that major organizations such as the FBI and Scotland Yard also were hacked. He hopes his Virginia-based law firm, which is cooperating with authorities investigating the intrusion, will be back online perhaps later this week, albeit with the help of a new consultant.… ABA Journal Production, Weekly Newsletter Stories, Business of Law, Law Practice Management, Legal Technology, Criminal Justice, Internet Law, Law Firms, Legal Ethics Feb 6, 2012, 02:02 pm CST http://www.abajournal.com/news/article/aba_supports_uniform_law_for_online_publication_of_court_decisions/ http://www.abajournal.com/news/article/aba_supports_uniform_law_for_online_publication_of_court_decisions/#When:Mon, 06 Feb 2012 17:56:56 -0600 The ABA House of Delegates has approved a resolution supporting the Uniform Electronic Legal Material Act governing the authentication and preservation of laws, court decisions and other legal materials published online. Resolution 102B supporting the model law was approved on a voice vote, though a significant number of delegates voted nay. Speaking in favor of the model law was former ABA executive director Robert Stein, the immediate past president of the National Conference of Commissioners on Uniform State Laws. Stein said the act, promulgated by NCCUSL last year, does not address specifics of technology to be used because… Bar Associations, ABA, Midyear Meeting, Business of Law, Law Practice Management, Legal Technology, Internet Law, Judiciary, Law Libraries, Legislation & Lobbying Feb 6, 2012, 11:56 am CST http://www.abajournal.com/news/article/lawyers_still_have_a_lot_to_learn_about_technology_ethics_20_20_witnesses/ http://www.abajournal.com/news/article/lawyers_still_have_a_lot_to_learn_about_technology_ethics_20_20_witnesses/#When:Fri, 03 Feb 2012 02:12:55 -0600 Jayne Reardon. Photo by Kathy Anderson Lawyers don't fully appreciate how much technology is changing the nature of law practice, several witnesses said today at a public hearing conducted by the ABA Commission on Ethics 20/20. "Many lawyers don't understand that technology is a leading cause of the economic climate that's affecting the profession," said Jayne Reardon, the executive director of the Illinois Supreme Court Commission on Professionalism, who was one of those testifying. "Lawyers need to be enlightened to the possibilities that technology offers them." While the hearing produced no… Bar Associations, ABA, Midyear Meeting, Business of Law, Law Practice Management, Legal Technology, Legal Ethics Feb 2, 2012, 08:12 pm CST http://www.abajournal.com/magazine/article/phone_homes_as_smartphones_go_viral_attorneys_gain_freedom_of_platform/ http://www.abajournal.com/magazine/article/phone_homes_as_smartphones_go_viral_attorneys_gain_freedom_of_platform/#When:Wed, 01 Feb 2012 08:40:34 -0600 Business of Law, Law Practice Management, Legal Technology, Law Firms, Business of Law Feb 1, 2012, 02:40 am CST http://www.abajournal.com/magazine/article/got_disaster_your_on-hand_technology_can_see_you_through/ http://www.abajournal.com/magazine/article/got_disaster_your_on-hand_technology_can_see_you_through/#When:Wed, 01 Feb 2012 08:20:34 -0600 Business of Law, Law Practice Management, Legal Technology, Natural Disasters, Business of Law Feb 1, 2012, 02:20 am CST http://www.abajournal.com/news/article/torn_between_blackberrys_security_reputation_and_an_iphone_soon_it_may_be_p/ http://www.abajournal.com/news/article/torn_between_blackberrys_security_reputation_and_an_iphone_soon_it_may_be_p/#When:Tue, 31 Jan 2012 23:47:00 -0600 Not so long ago, having a BlackBerry as a smartphone was virtually a requirement in many major law firms in the U.S. and Canada. But despite the device's reputation for data security, a growing number of lawyers are choosing to make the switch to an iPhone or iPad, leading a number of information technology departments to let attorneys choose which one they prefer. Soon, it may be possible for those who like Apple products but want the security reputedly provided by Research in Motion's signature BlackBerry to combine both in a single product, the Globe and Mail reports. RIM, which is based in Waterloo, Ontario, is… Business of Law, Law Practice Management, Legal Technology, Law Firms Jan 31, 2012, 05:47 pm CST http://www.abajournal.com/news/article/some_ny_law_firm_reps_said_to_be_clueless_as_fbi_warned_of_hackers_seeking_/ http://www.abajournal.com/news/article/some_ny_law_firm_reps_said_to_be_clueless_as_fbi_warned_of_hackers_seeking_/#When:Tue, 31 Jan 2012 14:53:10 -0600 Representatives from New York’s top 200 law firms learned about hacking risks in a meeting with the FBI last November, and some were better prepared than others. The FBI’s cyber division in New York City held the meeting because of the rising number of law firms getting hacked, Bloomberg News reports. A warning was issued: Hackers are targeting law firms to access data about their corporate clients. Mary Galligan, who heads the FBI division that held the New York meeting, talked to Bloomberg about the dangers. “As financial institutions in New York City and the world become stronger, a hacker can hit a law firm and it’s… Business of Law, Law Practice Management, Legal Technology, Law Firms Jan 31, 2012, 08:53 am CST http://www.abajournal.com/news/article/around_the_blawgosphere_Apple_ibook_working_mother_department_of_justice/ http://www.abajournal.com/news/article/around_the_blawgosphere_Apple_ibook_working_mother_department_of_justice/#When:Fri, 27 Jan 2012 14:30:47 -0600 Launch's Legal Fallout A big tech story this week was the Apple's launch of iBooks Author, a free tool allowing users to create textbooks, which the company says will "reinvent textbooks" by allowing iPad users to access texts that are interactive and constantly updated and available at a relatively low price. Legal Writing Prof Blog is already mulling what kind of effect electronic textbooks might have on the legal profession. "Some might argue that the transition to electronic text has already effectively occurred with services like Westlaw and Lexis dominating the legal research market and traditional paper libraries, in both firms and… Business of Law, Law Practice Management, Legal Technology, Careers, Women in the Law, Work/Life Balance, Criminal Justice, Prosecutors, Intellectual Property Law, Copyright Law, Law Professors, Law Schools, Law Students Jan 27, 2012, 08:30 am CST http://www.abajournal.com/news/article/as_email_disclaimers_proliferate_some_lawyers_say_they_are_unenforceable/ http://www.abajournal.com/news/article/as_email_disclaimers_proliferate_some_lawyers_say_they_are_unenforceable/#When:Fri, 27 Jan 2012 13:41:32 -0600 Recent law grad James Sinclair adds a satirical disclaimer to his emails—and most people haven’t even noticed it. And that may be the problem, some lawyers tell the Wall Street Journal. Boilerplate language on every email marked “privileged and confidential” could make it difficult to argue that some electronic communications are more protected than others. There are few cases on the subject, and at least one ruling on the issue has been mixed, the story says. James Merklinger, vice president of the Association of Corporate Counsel, sums up the argument for the newspaper. "It gets harder and harder to argue you have a system in place… Business of Law, Law Practice Management, Legal Technology, Contracts, Internet Law Jan 27, 2012, 07:41 am CST http://www.abajournal.com/news/article/insurance_can_be_purchased_for_cyberattacks_but_figuring_out_what_to_cover_/ http://www.abajournal.com/news/article/insurance_can_be_purchased_for_cyberattacks_but_figuring_out_what_to_cover_/#When:Tue, 24 Jan 2012 17:39:14 -0600 If a law firm or client is hit hard by a cyberattack, their worries aren't limited to data recovery and computer hardware and software that may have to be repaired or replaced. Lawsuits and regulatory fines could also result, as well as damage to the reputation of the business, reports Computerworld. That's why a growing number of insurers are offering policies to cover such damage–sometimes at a price that the magazine calls "staggering." Comprehensive general liability insurance policies and even some cyberpolicies don't cover all of the costs, however. Coordination between information technology experts and those in charge of the firm is crucial to ensure adequate coverage for… Business of Law, Law Practice Management, Legal Technology, Corporate Law Jan 24, 2012, 11:39 am CST http://www.abajournal.com/news/article/new_jersey_town_will_shine_red_light_on_suspects_identified_by_surveillance/ http://www.abajournal.com/news/article/new_jersey_town_will_shine_red_light_on_suspects_identified_by_surveillance/#When:Tue, 24 Jan 2012 14:02:25 -0600 The city of East Orange, N.J., has a plan to stop crime as it happens: It will shine red spotlights on people caught on surveillance cameras who appear to be committing crimes. Officers at police headquarters monitoring the video feeds will control the lights, mounted next to the city’s surveillance cameras, report the New Jersey Star-Ledger and the Associated Press in a video story. Acting police chief William Robinson said at a news conference last week that London, which uses talking cameras, is the only city with comparable technology. The London cameras scold offenders engaged in littering and other anti-social behavior, the Business of Law, Law Practice Management, Legal Technology, Criminal Justice, Trials & Litigation, Evidence, States, New Jersey Jan 24, 2012, 08:02 am CST http://www.abajournal.com/news/article/judge_orders_mortgage_fraud_defendant_to_reveal_encrypted_contents_of_lapto/ http://www.abajournal.com/news/article/judge_orders_mortgage_fraud_defendant_to_reveal_encrypted_contents_of_lapto/#When:Tue, 24 Jan 2012 13:27:20 -0600 A federal judge in Colorado has ordered a woman accused of mortgage fraud to produce the encrypted contents on her laptop. U.S. District Judge Robert Blackburn said the Fifth Amendment is not implicated by his order, report the MSNBC.com blog Technolog, the Wired blog Threat Level and CNet. Blackburn cited a recorded phone conversation between defendant Ramona Fricosu and her incarcerated husband in which they discussed the password-protected laptop seized by law enforcement. “There is little question here but that the government knows of the existence and location of the computer’s files,” Blackburn said in his decision (PDF). “The fact that… Business of Law, Law Practice Management, Legal Technology, Constitutional Law, Criminal Justice, Trials & Litigation, Evidence, States, Colorado Jan 24, 2012, 07:27 am CST http://www.abajournal.com/news/article/videoconferencing_is_opportunity_for_law_firm_hackers_techie_demonstrates_v/ http://www.abajournal.com/news/article/videoconferencing_is_opportunity_for_law_firm_hackers_techie_demonstrates_v/#When:Mon, 23 Jan 2012 14:00:46 -0600 A technology security firm has managed to hack into law firms, courtrooms and corporations through their videoconferencing equipment. HD Moore, a chief security officer at Rapid7, demonstrated his hacking abilities for the New York Times. “With such equipment,” the Times says, “the hacker could have easily eavesdropped on privileged attorney-client conversations or read trade secrets on a report lying on the conference room table." The demonstration, however, produced only images of vacant conference rooms. According to Rapid7, Internet protocol videoconferencing systems set up outside firewalls may be vulnerable to hackers. The equipment can be accessed through a feature that allows callers to dial in without the… Business of Law, Law Practice Management, Legal Technology, Law Firms Jan 23, 2012, 08:00 am CST http://www.abajournal.com/news/article/posner_gets_creative_with_photos_again_pictures_bob_marley_in_prisoner_righ/ http://www.abajournal.com/news/article/posner_gets_creative_with_photos_again_pictures_bob_marley_in_prisoner_righ/#When:Tue, 17 Jan 2012 11:30:54 -0600 The federal appeals judge who pictured an ostrich in an opinion has turned to photography again, this time in a decision on a prisoner’s suit over shorn dreadlocks. “Dreadlocks can attain a formidable length and density,” the Jan. 13 opinion (PDF) says. A photo of the late reggae musician Bob Marley is included to illustrate. The author is Judge Richard Posner of the Chicago-based 7th U.S. Circuit Court of Appeals, who pictured an ostrich and a person with his head in the sand in a November opinion criticizing lawyers who ignore precedent. The new opinion allows… Business of Law, Law Practice Management, Legal Technology, Constitutional Law, First Amendment, Criminal Justice, Sentencing/Post Conviction, Judiciary, Religious Law, 7th Circuit Court Jan 17, 2012, 05:30 am CST http://www.abajournal.com/news/article/the_search_for_the_techiest_lawyers/ http://www.abajournal.com/news/article/the_search_for_the_techiest_lawyers/#When:Fri, 13 Jan 2012 15:04:34 -0600 Know a consistent first adopter? A wireless (or well-wired) wonder? A gizmo genius? A digital practice on two feet? The ABA Journal is seeking the nation’s techiest lawyers for a feature article in our April Techshow edition. You have until Friday, Jan. 27—so use this form to nominate who you think are the most tech-savvy attorneys in the legal profession. ABA Journal, Business of Law, Law Practice Management, Legal Technology Jan 13, 2012, 09:04 am CST http://www.abajournal.com/news/article/wanting_a_better_way_to_hold_an_apple_ipad_2_lawyers_invent_the_clutch/ http://www.abajournal.com/news/article/wanting_a_better_way_to_hold_an_apple_ipad_2_lawyers_invent_the_clutch/#When:Mon, 09 Jan 2012 21:17:07 -0600 Updated: The Apple iPad is a great legal tool. But as Portland, Ore., attorneys Bryan Churchill and Jamie Daigle worked on a case last year, "We said, there's got to be a better way to hold this," Churchill tells the Oregonian. The same day the thought struck them, Churchill created a prototype out of cellophane tape, the newspaper recounts. Now the two are seeking backers on Kickstarter to help them market the Clutch, a sleek ergonomic design that serves as a protective carrier, a comfortable handle and a stand that provides a stable set-up for an iPad in multiple positions. With a little more than a… Business of Law, Law Practice Management, Legal Technology, States, Oregon Jan 9, 2012, 03:17 pm CST http://www.abajournal.com/news/article/hiring_law_students_for_free_online_research_is_widespread_and_unethical_op/ http://www.abajournal.com/news/article/hiring_law_students_for_free_online_research_is_widespread_and_unethical_op/#When:Wed, 04 Jan 2012 13:40:01 -0600 Budget-minded lawyers who think they can hire law students for their free access to Lexis and Westlaw should think again, according to a Utah ethics opinion. A lawyer who uses law students to access free online research violates ethical rules, according to the Nov. 15 opinion by the Utah State Bar Ethics Opinion Advisory Committee. The Legal Skills Prof Blog has the story. According to the opinion, numerous students have reported that their employment is conditioned on providing free research for their employers. Such research amounts to theft of services because students have signed user agreements restricting free research to educational and… Business of Law, Law Practice Management, Legal Technology, Legal Ethics, States, Utah Jan 4, 2012, 07:40 am CST http://www.abajournal.com/magazine/article/force_for_good_public_counsel_law_centers_new_app_connects_lawyers_clients/ http://www.abajournal.com/magazine/article/force_for_good_public_counsel_law_centers_new_app_connects_lawyers_clients/#When:Sun, 01 Jan 2012 09:50:05 -0600 Business of Law, Law Practice Management, Legal Marketing & Consulting, Legal Technology, Pro Bono, Opening Statements Jan 1, 2012, 03:50 am CST