Articles

Your Brain Is Next

A lawsuit was filed against the Department of Homeland Security, U.S. Customs and Immigration authorities for searching and even confiscating electronic devices such as laptops, cameras, media storage devices and related items. The suit, according to an LA Times article this week, was filed by the ACLU, New York Civil Liberties Union and the National Association of Criminal Defense Lawyers on behalf of the National Press Photographers Association, criminal defense lawyers and a student.

According to the article, the lawsuit “… says policies adopted by U.S. government agencies permit the search of all electronic devices that ‘contain information,’ including laptops, cameras, mobile phones and data storage devices.”

How is it that American citizens, despite the tragedy of 9/11, are willing to sacrifice their civil liberties so hard won over the last centuries? How is it that the government has the right to peek into our thoughts, contrasted to our actions? Thinking of yelling “fire” in a crowded theater is not illegal, only doing it is.

Seen Matrix? When will the first brain dump be required by the government? If they can see and review our personal thoughts contained in our electronic journal (our laptop, etc.), how much further before they decipher the brain inside our head?  What’s the difference? And if we have been thinking naughty thoughts, having fantasies or otherwise thinking outside the norm, will we be “confiscated?” That’s what the government is doing now.

Lest you think this is happening to foreigners traveling on our soil, the article points out that more than 6,500 people have had their electronic devices searched since October 2008 as they cross the Canadian-U.S. border, nearly half of them are American citizens!

Where are you, Tom Paine, when we need you?


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Conference You Must Attend – Or Fall Behind

The Business of Lawâ is continuously changing— from fee structures, to marketing strategies, to client preferences. In today’s economic climate, law firms have no way to catch up once they fall behind.

The good news is that the success or failure of your firm is completely in your hands. If you learn the newest practices, develop your business plan, and understand the economic situation you’re operating in, you can achieve financial performances you’ve only dreamed of.

So what’s the fastest, easiest and most innovative way to update traditional methods and boost business to the next level? 

Introducing the 2nd Annual Midwestern Law Firm Management Conference- The New Norm: Understanding How To Thrive in the New Economy.

 

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Value Billing

https://youtube.com/watch?v=2rirdUSkvI4%3Ffs%3D1%26hl%3Den_US%26color1%3D0x2b405b%26color2%3D0x6b8ab6


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Things to know before starting your own law firm

Audrey H. Rubin is president and founder of Rubin Solutions, Ltd., She designs and implements business processes which improve the financial performance and operations of corporate law departments and professional services firms. She talks with Ed about what lawyers need to know before they open their own law firm. In today’s world, this is a topic of great interest, especially to those increasing numbers of law school graduates who are starting their own practices right out of school. You can learn more about Audrey at www.rubinsolutions.com.

25 minutes, 43 seconds
6.0MB


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Charity program on television

Lance Armstrong, and many other celebrities, will appear on television for a national telethon, Stand Up To Cancer (no commercials). The program is scheduled for September 10 … Check you local listings.


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Graduates vs. Big Law — The First Lawsuit Starts

I was wondering how long it would take? 

Sarah Martinez, a recent law school grad, broke the ice. She has sued Howard, Rice, Nemerovski, Canady, Falk & Rabkin in San Francisco Superior Court for extending her an offer of employment, deferring it and now reneging, saying it didn’t have the resources to hire anyone in the near future. Among the counts alleged are racial discrimination, sex discrimination, and breach of contract.

While every case stands on its own facts and merits, it’s clear that Big Law will have to alter its offering policies in the future. The impact on law schools and those coming up through the grades is yet to be determined, but I suspect it will dramatically alter the economics of the future practice.


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Merger off, lawyers fired, and lawyers hired – Rational?

A major player in the IP field announced that its merger plans with another IP firm have been called off. The assertion is that there were conflicts issues with one major client that could not be resolved and the client would not waive the conflict. While I may be dubious about the veracity of this assertion, sitting on the outside, it does happen.

But, then the firm announces that "… the downturn in patent litigation persists, with fewer cases being filed and more settling earlier…. (C)ases coming in are smaller with tighter budgets and leaner staffing expectations…."  And this results in firings/terminations/layoffs (say it anyway you want, the people are gone) of lawyers and staff.  In other words, the troubled economy is still having its impact on law firms.

So far, so good. But, then the firm also announces that it sees an increase in patent prosecution, counseling and reexamination work, particularly in the electronics and software practice and the firm will hire first-year associates. Again, from the outside, it looks like the firm is firing experienced lawyers who get paid 3X and will hire first year associates who will get paid 1X. You fill in the numbers. When industry does this, it’s called "age discrimination." It may also be called "stupid" because it negatively impacts the morale of the organization … and you don’t build a loyal, cohesive and capable workforce by seeking the least expensive team members. Why couldn’t the firm offer the presumably lower paying jobs to the experienced folks? In this economy, they might not like it, but they’d rather stay employed and working with colleagues they know and like and trust. And, the organization will look like a caring place to work, making needed economic changes but also sensitive to the needs of its current work force.

Just seems to me to be a better way to do things.  And, at the very least, the PR ineptness of these announcements coming on the heels of one another is just astounding.


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Financing contingency cases

In a conversation with a client, we discussed his current predicament. He is strapped for funding in several large contingency matters. He’s looking for funding. That struck a cord in me and I write about it today at LawBiz Forum.

There are finance companies, in addition to other resources, that lend money on such cases. That is what my client was seeking.  Tell us how you handle your cash flow and financing of large cases. Perhaps you can identify the names of lending companies. I look forward to hearing from you.

Join us at the Forum for further discussion on this and other topics that are challenging and stressing you.


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