Besides the decision itself, which concerns a money-laundering investigation, New York District Judge Gabriel Gorenstein's decision was unusual in that the he actually took the trouble to write a lengthy explanation.
He wrote that email accounts are the same as hard drives, as far as the law was concerned, meaning they can be seized in their entirety when investigators show up with a warrant..."
A few days ago, it was reported that Amazon was planning on introducing an unlimited Kindle service. Basically it involves users subscribing to the Kindle Unlimited service at $9.99 a month and gain access to pretty much the entire Kindle library at Amazon. Sounds like a good deal, right?
Well if you're an avid reader and you think that you will be able to make your money worthwhile, you might be pleased to learn that Amazon has officially launched the Kindle Unlimited service. The information seems to the same as what we saw the other day, which was pretty much Amazon announcing it ahead of it.
EDITOR'S NOTE: Kindle Unlimited has its own "Free" buttons on Amazon; i.e., when you find a book you want, be careful to choose the Kindle Unlimited
Free" button--not the "One-Click" or other buttons. If you use "One-Click", you will be charged and have to figure out how to cancel the order.
Taking notes by hand is better than typing notes, because it forces you to slow down and focus on what is important. Slowing down greatly increases your understanding of information, which is why you need to become better at note-taking.
If you've wondered why you take notes as you do at trial and have forgotten where you came up with the form you use, read the entire article, complete with illustrations.
A "template" set of model legal documents for venture capital investments put together by a group of leading venture capital attorneys. The model venture capital financing documents consist of:
No one will own the documents. They will be in the public domain. However, the "mother" forms are posted here on the publicly accessible portion of the NVCA web site so that users downloading them from this site can be assured that they are always using the most current and up-to-date version.
DISCLAIMER: EACH DOCUMENT IS INTENDED TO SERVE AS A STARTING POINT ONLY, AND SHOULD BE TAILORED TO MEET YOUR SPECIFIC REQUIREMENTS. THE DOCUMENTS SHOULD NOT BE CONSTRUED AS LEGAL ADVICE FOR ANY PARTICULAR FACTS OR CIRCUMSTANCES.
The New York State Education Department is seeking applications from individuals to serve as impartial hearing officers (IHOs) to conduct special education impartial due process hearings for students with disabilities, 3-21 years of age pursuant to section 200.1(x) of the Regulations of the Commissioner of Education. Interested individuals should submit a letter of interest, completed application and resume no later than July 30, 2014. For more information, please see http://www.p12.nysed.gov/specialed/dueprocess/IHOannounce.htm. Please share as appropriate. Thank you.New York State Education DepartmentP-12: Office of Special Education89 Washington Avenue, Room 309 EBAlbany, NY 12234
It turns out, Mitch is realistic about the limitations of Google Glass in its present state. Even so, he believes that investing time into learning how to use it now it will pay off. "I see it as a short- and long-term play. How practical is it in the practice of catastrophic injury and death cases? It's not quite there yet," he admits. "Of course I could do some -- but not all -- of the things I use Glass for using my smartphone. But wearable mobile technology is the future, in my opinion. So that's why I'm using it now -- to get comfortable with it. I want to be at the forefront of where the technology is going. That way I'll understand how it needs to improve and how I can use it in my practice to improve the client experience and give me an edge over my competitors. That's why I'm incorporating Google Glass into my workflow as much as I can."
Despite the newness of Google Glass, Mitch is implementing it into his law practice as much as possible and hopes to use it during trial in the near future. "I've used it to record interviews of witnesses and during depositions to videotape the proceeding so that my client can watch it later," he says. "And, I was planning to use Glass earlier this year in two jury trials, with the consent of the judge and opposing counsel, but both cases settled. I must admit that although I'm glad we were able to resolve the cases, I was a bit disappointed in not having the opportunity to use Glass during trial."
When I asked how Mitch expects to use Google Glass during trial, he replied: "In the near future, and subject to court approval, I hope to use Glass to pick my juries and examine witnesses. For example, I anticipate picking a jury here in California and use Glass to confidentially interact in real time with my jury consultant back in New York. Based upon the responses and body language she observes from the real-time feed, she can share follow-up questions and concerns via my ear bud. Information and issues she finds in her database searches that I need to know about will be discreetly displayed to my Google Glass screen."
Another way that he uses Google Glass is to communicate with clients. "I use Google Glass to stay connected with my clients and stay on top of my calendar and social media. Each new client is added to my Glass contact list and throughout the course of the day I can easily monitor and respond to inquiries regardless of where I am or what I'm doing," he explains. "For example, I'll use the camera function of Google Glass to share real-time images and videos with clients while working on pleadings or taking the deposition of a witnesses. They enjoy getting an update with me holding up a finished pleading or settlement check and tell me that they appreciate the extra effort and prompt service."
The gist of Formal Opinion 466 is that, within the context of Model Rule 3.5, a lawyer may review a juror's or potential juror's various postings on websites and social media. But the lawyer should not send jurors or prospective jurors a request for access, either directly or indirectly, to their social media accounts because doing so would amount to a violation of the prohibition in Model Rule 3.5(b) against ex parte communications with jurors that are not authorized by law or court order.
In a footnote, the ethics committee states that it "does not take a position on whether the standard of care for competent lawyer performance requires using Internet research to locate information about jurors that is relevant to the jury selection process. We are also mindful of the recent addition of Comment  to Model Rule 1.1. This comment explains that a lawyer 'should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.' "
The ABA Standing Committee on Ethics and Professional Responsibility Formal Opinion 466(PDF), issued April 24.
While the Federal Aviation Administration has until next year to come up with rules that govern the use of drones in the National Airspace System there's no denying the fact that drones have already taken to the skies. Available for a couple of hundred dollars, with models offering better altitude and range costing thousands, its fairly easy for anyone to get their hands on a drone.
This means that inevitably there would be a situation where someone lands in trouble even when they think they aren't doing anything wrong. That's exactly what happened to Wilkins Mendoza and Remy Castro who were arrested for flying a DJI Phantom 2 drone too close to a New York Police helicopter.
United States Department of Education
Notice of Public Hearing
July 16, 2014
1:00 pm-3:00 pm and 6:00 pm - 8:00 pm
New York State Education Department
Office of Professional Discipline
Regents Room 10th Floor
New York, New York
On Wednesday, July 16, 2014, the United States Department of Education (the Department) will conduct public hearings, pursuant to section 457 of the General Education Provisions Act (GEPA), 20 U.S.C. § 1234f to determine whether it should enter into a Compliance Agreement with the New York State Education Department (NYSED). Written public comments on this issue will also be accepted through July 26, 2014. NYSED has requested that the Department allow NYSED to enter into a Compliance Agreement to resolve its noncompliance with a specific requirement under Part B of the Individuals with Disabilities Education Act (IDEA). Since April 2012, NYSED has not been in compliance with the IDEA Part B requirement to issue within thirty (30) days, unless a party requests and is granted a specific extension, the State-level independent decision in an appeal of an impartial due process hearing officer's decision. (20 U.S.C. § 1415(g); 34 CFR §§ 300.514(b) and 300.515(b)). NYSED has stated that it is not able to correct this noncompliance within one year due to the significant and unanticipated increase in the number of appeals of due process hearing decisions under Part B of the IDEA.
You must have a photo ID and should arrive early to process through security. To facilitate security processing, all individuals planning to attend must notify the Department by July 7, 2014 so that a list of attendees can be provided to Building Security. In addition, please indicate if you plan to give testimony. Participation notification and requests for reasonable accommodations should be submitted to: Jocelyn Logan-Friend with the Department at OSEPnysedhearinginfo@ed.gov by July 7, 2014.
n consideration of information provided through this public comment process, the Department will determine whether it is feasible for NYSED to reach compliance within one year and, based on that determination, will issue Written Findings and a Decision to that effect, which will be published in the Federal Register along with the substance of any Compliance Agreement.
To obtain a copy of this notice, please contact Jocelyn Logan-Friend atOSEPnysedhearinginfo@ed.gov.
The Internal Revenue Service this week introduced a new, shorter application form to help small charities apply for 501(c)(3) tax-exempt status more easily.
The new Form 1023-EZ, available today on IRS.gov, is three pages long, compared with the standard 26-page Form 1023. Most small organizations, including as many as 70 percent of all applicants, qualify to use the new streamlined form. Most organizations with gross receipts of $50,000 or less and assets of $250,000 or less are eligible.
The Form 1023-EZ must be filed using pay.gov, and a $400 user fee is due at the time the form is submitted. Further details on the new Form 1023-EZ application process can be found in Revenue Procedure 2014-40, posted today on IRS.gov.
Make sure to view them all before they expire on 7/7/14.
This list should make it easier for you to navigate the topics, speakers and where to find the links to each interview:
(topic / speaker / day of original release)
The E-Myth Attorney Robert Armstrong (day 10)
Mindfulness in your law practice Jeena Cho (day 7)
*Decrypting LinkedIn Amy Cole (day 3)
Cultivating referral sources Stephen Fairley (day 6)
*Strategic networking Nancy Fox (day 2)
Ethics and going $olo Marc Garfinkle (day 6)
Blogging magic Cindy Greenway (day 2)
Lawyering and acting techniques Katherine James (day 7)
Finding the right law job Marc Luber (day 9)
*Apps for lawyers Tom Mighell (day 8)
Solo practice and novel writing Jonathan Miller (day 3)
Online marketing Nicole Munoz (day 8)
Client loyalty Alexis Neely (day 1)
Rainmaking techniques Mike O'Horo (day 5)
Intake call skills Ryan Pitz (day 9)
Tips to grow your business RJon Robins (day 5)
Authentic web sites for lawyers Lee Rosen (day 4)
Podcasting and social media Jacob Saphochnick (day 10)
*Alternative fee options Allison Shields (day 4)
*Going paperless Ernest Svenson (day 1)
*These speakers offered a bonus gift to registrants of The Art of Being Solo
Host, The Art of Being Solo
PS- Registration is still open so please feel free to forward this to friends, classmates, co-workers, other fellow solo and small firm lawyers or any small business owner who would also be interested in the topics covered and would like the free gifts. Their link to register is: www.sarahporiss.com/mohe
LinkedIn has surged past 300 million users. It remains the most popular social media platform for business and professional use. In fact, it's becoming rare to find people in any kind of business who say that they are not on LinkedIn.
At the same, a certain sense of complacency has settled over the use of LinkedIn. We often hear people say that they've been on LinkedIn for a while and they haven't found it all that helpful, especially for reaching potential customers and clients. Since LinkedIn has been around for more than 10 years, there's also a sense of "been there, done that" about it. Some people are always looking for the next new thing in social media.
In fact, most of us have barely scratched the surface of either the features or the potential of LinkedIn. LinkedIn has steadily added new features, especially in the past year or so. This will be a great year to take your use of LinkedIn up a level or two, and increase the value and benefits of the platform to you and your business.