December 2010 Archives

Skype Adds Video Calling to iPhone App -

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Image representing Skype as depicted in CrunchBase

Image via CrunchBase

Skype Adds Video Calling to iPhone App By VERNE G. KOPYTOFF If you happen to see people making strange faces at their iPhones in the next few days, blame Skype. The Internet telephone service introduced video chatting on Thursday for iPhone users who want to not just hear the people they call, but also see them. The new feature comes in the latest version of Skype's iPhone app, available in Apple's App Store. Users can make free Skype-to-Skype video calls over AT&T's 3G network and on Wi-Fi. Android phones are not yet compatible.

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Trialpad for iPad

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TrialPad is an iPad app for litigators to organize, manage, and annotate documents to be used in a trial, hearing, or ADR setting. It was designed specifically for the legal profession by professional trial consultants who have helped lawyers present at trial for more than a decade. Unlike PDF readers, it lets you create separate case folders, organize and sort important documents, and dynamically annotate and present them via its flexible output options.

The Documents section contains all your documents for a particular matter, the Hot Docs section is for important documents you may intend to use with a specific witness, or that you plan to display many times during the course of trial. You can pre-annotate a document using the Highlight, Pen, or Redact tools and save your annotations as a Hot Doc by pressing the Fire icon. The documents folder only holds clean copies of your documents. Both can be categorized and organized into folders for witness, issue, trial day, or any other convention.

Simply press one of the tools and draw on your document. The Highlight tool is yellow and creates a outline box for the area you wish to highlight. The Pen tool is a red line that allows you to underline or draw freehand. The Redact tool is white and draws an outline box, like the Highlight tool. Whatever is covered by the box will be redacted.

TrialPad is available on the AppStore for $89.99--expensive for an app, cheap for trial practice software.

Due process considerations are relevant to protecting the rights of parents who are unable, because of their incarceration, to personally attend proceedings concerning parental rights. Some examples of steps that courts have taken to protect the due process rights of unavoidably absent parents include permitting telephonic testimony or attendance, testimony by other means such as depositions, periodic adjournments to permit the incarcerated parent to review transcripts of testimony, and appointing counsel who can fully participate in the proceeding on behalf of the parent (see generally Matter of Danielle M., 26 AD3d 748, 749 [2006], lv denied 7 NY3d 703 [2006]; Matter of Ramon C., 261 AD2d 205 [1999]; Matter of James Carton K., 245 AD2d at 376-377). If such alternative means of participation can be implemented without unduly delaying the proceeding, the court is able to *3 simultaneously protect a parent's right to be present and the child's right to a prompt and permanent adjudication.

NYLJ: ABA to Study Changing Role of Criminal Defense Lawyers Post-'Padilla'

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Tony Mauro and Daniel Wise

New York Law Journal

December 27, 2010

The question of whether the role of the criminal defense lawyer has been affected by the U.S. Supreme Court ruling in Padilla v. Kentucky, 08-651, will be the focus of a task force established last week by the American Bar Association's criminal justice section.

The goal is to explore the obligations on lawyers to advise clients about the consequences of criminal convictions and help criminal defense lawyers understand and meet those responsibilities.

In Padilla, the Court found that a defense lawyer's failure to advise a client that a guilty plea would have deportation consequences for the client amounted to "constitutionally deficient" representation.

The ruling has had repercussions not only for lawyers representing immigrants. It is being used in cases where guilty pleas have had consequences in other areas, including employment, child custody and housing. 

Read entire article here (free registration required)

Law and the Multiverse

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Have you ever wondered about Superman's immigration status?  Pondered who pays for the breakage when a superhero smashes a villain into a wall? Then you are clearly a lawyer who loves comic book heroes as are the folks at Law and the Multiverse-Superheroes, supervillains, and the law.

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JuryTracker for the iPad

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JuryTracker is the powerful new tool for tracking juror responses during trial. It allows the trial attorney, paralegal, jury consultant and client to observe and report on juror behavior in a consistent, concise and effective way.  $9.99.

Identify Key Jurors

  1.  Simplify Jury Observation

  2.  Standardize Notes on Juror Responses

  3.  Track Time Spent by Each Party

  4.  Share Reports with Trial Team and Clients

    JuryTracker for the iPad

    Available on the App Store

CNET: Details on next MacBook Pros, iMacs

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FindLaw: Top 5 Essential iPad Apps for Lawyers

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Top 5 Essential iPad Apps for Lawyers - Mobile Phones / Smartphones - Technologist

By Jason Beahm on December 15, 2010 5:46 AM
Here are the Apps all iPad-wielding attorneys should download:

1) Evernote -

2) DropBox -

3) Dragon Dictation -

4) Read It Later

5) Google Mobile App

Read the entire article on these FREE apps here.

FINDLAW: Obama Health Care Law Ruled Unconstitutional

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By Kevin Fayle on December 13, 2010 10:02 AM

A federal district judge in Virginia has ruled that a portion of the recent federal health care reform law violates the United States Constitution. The judge found that the law's requirement that private individuals purchase insurance, known as the Minimum Essential Coverage Provision, exceeded the congressional authority to regulate interstate commerce.

Obama Healthcare Law Ruled Unconstitutional

iCare Data Recovery-Holiday Giveaway - Upgraded Version 4

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Free to restore files from hard disk, external disk, USB drive with iCare Data Recovery

Holiday Giveaway - Upgraded Version 4
Data Recovery Software Worth $69.95 - Now Time Limited Free until Dec. 25

iCare Data Recovery Software is dedicated in hard disk data recovery like hard disk failure, formatted hard drive, MBR (Mast Boot Record) corrupted, bad boot sector, drive inaccessible, partition unreadable, partition deleted, software operation failure like Partition Magic caused data loss, Ghost failure, virus attacked, etc.

Supported Storage: hard disk drive, external hard drive, memory card, USB drive, pen drive, flash card etc. (Any drive that can be connected to computer except CD, DVD)

List Price $69.95 Now Free for download here

Windows 7, Vista, XP, 2000 pro, Server 2008, 2003, 2000 compatible. ShoppingBots and Online Shopping Resources 2011

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By Marcus P. Zillman,
Published on December 10, 2010

ShoppingBots and Online Shopping Resources 2011 is a comprehensive listing of shoppingbot and online shopping resources and sites on the Internet. The below list of sources is taken from his Subject Tracer(TM) Information Blog titled ShoppingBots and is constantly updated with Subject Tracer(TM) bots at the following URL:

These resources and sources will help you to discover the many pathways available through the Internet to find the latest shoppingbot resources and sites.

NYLJ: Lippman Predicts Sizable Raise for Judiciary After Bill Signing

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Lippman Predicts Sizable Raise for Judiciary After Bill Signing

Governor David A. Paterson on Friday signed legislation its supporters say clears a path to give New York state's 1,300 state-paid judges their first raise since 1999.

The new law requires the establishment every fourth year of a seven-member commission to evaluate and make recommendations about the adequacy of the judges' pay and non-salary benefits. Each panel's recommendations would go into effect automatically unless the Legislature and the governor enacted a statute to modify or reject the findings. The first raises would be paid in the fiscal year beginning April 1, 2012.

Read full article at NYLJ (requires free registration)

NYS DEC: Report an Environmental Violation Online

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Report an Environmental Violation Online - NYS Dept. of Environmental Conservation

The New York State Environmental Conservation Police values the watchful eyes and ears of citizens concerned with our environment. Use this form to report suspected violations of New York State environmental conservation laws. Submitted forms are immediately forwarded 24/7/365 to DEC dispatchers. If an immediate response is needed, file your complaint by phone by calling the DEC Turn in Poachers and Polluters (TIPP) hotline at 1-800-TIPP-DEC (1-800-847-7332). Caution: never put yourself at risk to get any of the information. Gather whatever information you can without trespassing or exposing yourself to harmful materials or situations.

Click here for online form.

NYLJ: Prof. Hutter--Admissibility of Patient's Statement in Medical Record

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Admissibility of Patient's Statement in Medical Record

Three recent decisions hold that entries in a party's medical records made upon information provided by the party, which are inconsistent with a position taken by the party at trial, are admissible as an admission of the party even if they are not germane to treatment or diagnosis.

Prof. Hutter's article in NYLJ addresses these decisions. (Free registration required)


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MobileArchiver Online - SMS Text Message and Call Log Archiving for Microsoft Outlook

Email and text messages: we all use them heavily, so why not use the same familiar interface for both? Manage your text messages & calls from Outlook.

How much billable time are you losing when you use your mobile phone for your business calls? Export your call records to Outlook for your billing.

Step 1. Download & Install MobileArchiver for Outlook
Step 2. Backup your BlackBerry using the Blackberry Desktop Software
Step 3. Point MobileArchiver towards the backup file and click Import
Step 4. Browse, search, filter your text messages and call logs from Outlook

Just download, install, and archive! There is a free 10-day trial. The purchase price is $29.95.

Currently only works with BlackBerry and Windows Mobile phones; but other phones will be supported in future versions.

See Article with more detail at the Lawyerist.

C-SPAN Video: Ninth Circuit Court hears California Proposition 8 Case

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C-SPAN Video Player - Ninth Circuit Court hears California Proposition 8 Case

A three-judge panel on the Ninth Circuit Court of Appeals in San Francisco heard oral arguments earlier today on California's ban against same-sex marriage. In the November 2008 elections, California voters approved Proposition 8, an amendment to California's Constitution that limits marriage to a man and a woman. The Court will decide if a lower court rightly struck down the voter-approved ban as unconstitutional.

Washington, DC : Video 2hr.32min. video (Free FlashPLayer required)


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In February 2011, NYS Workers Compensation Board is offering a
new Civil Service Exam for the position of WCB ALJ.
ALJs are hired off this list.

This exam open to all who meet listed qualifications:
25-438, Compensation Claims Referee
January 3 Application Deadline

Washington Mutual Bank v. Phillip, 16359/08

Judge Rejects Foreclosure Filing Despite Compliance With New Rule on Lawyer Verification.

The jurat states that the verification was executed in the State of New York and the County of Suffolk [the home county of plaintiff's counsel], but the notary public who took the signature is... a Florida notary public, not a New York notary public. Thus, the verification lacks merit and is a nullity...Even if the jurat properly stated that it was executed in the State of Florida and the County of Duval, where Jacksonville is located, the oath failed to have a certificate required by CPLR §2309 (c) for "oaths and affirmations taken without the state.

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