Monday, December 31, 2018

Who Do You Sue When Served a Heroin-Laced Coca-Cola?

It can happen to anyone, but in this case, it happened to Trevor Walker. Somehow, synthetic heroin was slipped into his Diet Coke at a McDonald's drive-thru. No one knows exactly how the drug got into the drink, but tests taken at the hospital prove that Suboxone, a heroin-substitute, was found in Walker's urine as well as his McDonald's Diet Coke, but not in the Diet Coke served to his wife.

Walker has sued the McDonald's franchise owner, McDonald's Corporation, and Coca-Cola for strict product liability. Coca-Cola has petitioned the court to be dismissed from the litigation, claiming there's no evidence that the drug came from Coca-Cola. Is the plaintiff just looking for deep pockets? Or was this the right thing to do?

Coca-Cola Claims Plaintiff is Just Looking for Money

As it turns out, other than the drink being a Diet Coke, Coca-Cola is not listed anywhere else in the complaint filed with the court. It seems pretty reasonable for Coca-Cola to want to be dismissed from the suit. As Lisa Marcy, the Coca-Cola attorney, so blatantly put it, "Let's just come out and say it," she told the judge. "They don't have the employee in here because he's not a deep pocket. And the Coca-Cola company and the fast food restaurant are." But is this enough reason not to be named as a defendant? The judge in the case is not convinced, and neither is the plaintiff's attorney, Brady Brammer.

Product Liability Procedure Corals Everyone It, Then Dismisses One by One

Under product liability law, everyone that touches the questioned product in the vertical chain of distribution should be named in the lawsuit, and subsequently eliminated, as the facts in the case unfold. Usually this consists of one or more manufacturers, distributors, wholesalers, retailers, and servers. Sometimes, one of the hardest parts of the case is finding these entities, since there can be multiple ones at each level of distribution. In Walker's case, he has decided to narrow it to just the three named defendants. And as Brammer puts it, "until we know and have more facts, where we can really dig in and get them ourselves as opposed to relying secondarily on police reports, we really can't foreclose one option or another on a strict product liability claim."

If you or someone you love has suffered damages due to a defective product, contact a local products liability attorney. A legal specialist can best advise you on how best to go about recovering for your damages, often at low or no cost to you. If you have questions about your situation, contact one to see if you may have a claim, and exactly who may be at fault.

Related Resources:

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source http://blogs.findlaw.com/injured/2018/12/who-do-you-sue-when-served-a-heroin-laced-coca-cola.html

Asylum-Seeking Kids Win Class Action in Health Care Lawsuit

The mental health of migrant children trumps the federal government shutdown, hands-down, according to a Los Angeles federal court judge. U.S. District Judge Dolly Gee certified the class of detained asylum-seeking migrant children requesting mental health aid, and firmly dismissed the government's request to delay the suit until after the federal shutdown has ended.

Noting that the judge can issue a court order forcing federal attorneys to work on this case, despite the shutdown, Gee proclaimed, "the prosecution of this action should not be further delayed because it concerns the health and welfare of minors in the custody of the Office of Refugee Resettlement." The judge then required the administration to respond to the children's claims by Jan. 9 and to discovery requests by Feb. 22.

Judge Issued Four Part Ruling

In Gee's ruling, four orders were given. First, the federal government's request for a continuance was denied. Second, the judge certified a class that currently contains five children with either mental disabilities, given psychotropic drugs without consent, detained for more than 30 days without notice, or blocked from being released to guardians. However, the class size is expected to reach into the hundreds. Third, the judge modified the class definition from the Americans with Disabilities Act to the Rehabilitation Act; the Rehabilitation Act requires class members to actually be denied service, whereas the ADA only requires that they could be denied service.

Lastly, the judge denied the plaintiff's request for immediate discovery, claiming that they hadn't proven why it needs to start immediately, as opposed to the current schedule set. Judge Gee also stated that plaintiffs hadn't clearly defined the scope of discovery.

Underlying Case Highlights Due Process Violations of Migrant Children and Their Mental Health

At issue in this case is the alleged constitutional due process violation of hundreds of migrant children that have been separated from their families while crossing the southern U.S. border, seeking asylum. Many of these children's mental health have suffered while in detention with the U.S. Office of Refugee Resettlement, but instead of providing mental health care, many are just handed psychotropic drugs or left to linger.

According to recent court rulings, all children must be reunited with their families within 30 days, however facilities are now claiming that these children can't be released until they are mentally sound, or the family homes to which they are being released are capable of handling a child with mental health issues. Instead of 30 days to reunify, some of these plaintiffs have been separated over a year, with no end in sight because they are not being given mental health care.

If you know of a child that is suffering mental health issues due to refugee detainment, contact an immigration attorney. The child may be able to join this class action, potentially at no cost.

Related Resources:

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source http://blogs.findlaw.com/injured/2018/12/asylum-seeking-kids-win-class-action-in-health-care-lawsuit.html

Friday, December 28, 2018

Why New Age Law Firms are Winning Customer Referrals (and how to up your game)

In the professional services game, you’re only as good as your last review. Harsh as that may seem, it’s a growing reality that legal firms are grappling with. Prospective customers are increasingly reaching out to their peers, browsing review sites and engaging Facebook communities to find a recommended law firm. In a recent Forbes article, it states that 85% of consumers trust online reviews as much as their friends’ and families’ recommendations. Almost 70% of consumers are more likely to use a local business with positive reviews, while 40% of consumers said they would avoid local businesses that have negative reviews.

The digital era has amplified word-of-mouth to epic proportions. Which of course is great news if your customer experience is top notch! But what if its not? Consider the last 10 customers you’ve billed – would they all give your firm a glowing recommendation?

Below we’ve compiled a checklist of customer expectations in 2018.  And while there are many more personal touches that can add that special sauce to the customer journey, doing these things well will win you those valuable 5-star reviews.

Web Form Inquiries

Making that first engagement easy and stress-free for prospective customers is super important. Many clients prefer to complete web inquiry forms, rather than pick up the phone, and it gives your firm a chance to collect important information about the matter at hand. For a litigation firm, is it a DUI or personal injury claim? Who was at fault? For an estate planning practice, is it an amendment to an existing will or a new will? Not only can you gather valuable information from a web form, it frees you up from long drawn out phone conversations and gives your clients an opportunity to tell their story in a non-confrontational setting.

Know Your Clients’ Case Details

You may think you’re able to keep all the details of each matter in your head, but here’s the acid test – what if your paralegal picks up the call? Or another lawyer within your firm? Are they able to efficiently deal with the client’s inquiry on the spot, or are you on the treadmill of returning calls? Having smart legal software that guides your legal matters through a journey to conclusion means a single source of truth, no matter who deals with the client inquiry. Ensuring everyone in your team is clear about what’s been done, and what the next step in the process is, can save you hours of time and means your client has a smooth and frictionless experience with your firm.

Client Self-Service

Encourage your clients to continue to interact with your firm via digital methods. Perhaps they’re gathering evidence via emails and text messages. Providing an online portal allows them to upload, edit and read documents that relate to their case whenever it suits them. It’s a secure and encrypted way to confidentially share documents without the need to email documentation back and forth, and it saves you time sorting through and filing attachments from your bulging email inbox.

Keep Clients Informed

The journey through a legal process can be a traumatic and stressful time for your client. Proactively keeping them informed every step of the way helps reduce the volume of email and phone correspondence, freeing up your time to progress the matter through to its conclusion. With the help of smart practice management software, you can automate this process with a triggered email when a client’s matter progresses to the next stage in the journey.

In summary, smart legal automation is enabling a new generation of law firms to deliver 5-star experiences by removing the friction from the lawyer/client communication loop, resulting in a more productive firm with happier clients.

At Actionstep, we’ve been in the business of making lawyers’ lives easier with world-class, legal practice management software for 14 years.  We’re a market leader in delivering innovative, cloud-based legal automation and we’re not stopping anytime soon.  If you’d like to learn more about how Actionstep can help your firm adopt smarter legal automation, please request a demo and we’ll be in touch.

The post Why New Age Law Firms are Winning Customer Referrals (and how to up your game) appeared first on Law Technology Today.

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source http://www.lawtechnologytoday.org/2018/12/new-age-law-firms-are-winning-customer-referrals/

Wednesday, December 26, 2018

Judge Orders North Korea to Pay $501M for American Student's Death

The parents and estate of Otto Warmbier won a $501 million judgment against the North Korea government for wrongful death. Though questions remain about the legitimacy and collectability of this judgment, one thing is certain: no amount of money can undo Otto's fate and ultimate death.

American Arrested for Taking Political Propaganda Poster

Otto Warmbier was arrested Jan. 2, 2016 for allegedly taking a political propaganda poster from his hotel. After being found guilty of "hostile acts against the state," he was sentenced to 15 years in prison with hard labor. A year and a half later, Warmbier was released to the United States in a coma.

North Korean authorities claimed Warmbier had contacted botulism, but after discovering his teeth had been reconfigured, and a recently received long scar on his foot, his parents investigated further, and eventually filed a wrongful death suit against the North Korean government.

Warmbier Left the U.S. With "Big Dreams," but Returned Brain Dead

Chief U.S. District Judge Beryl Howell deliberated less than a week after hearing hours of emotional testimony from Warmbier's family about the pain they suffered during his 18 month detention in North Korea, his subsequent return home in a coma, and the information they learned about his torture and time as a hostage. According to Howell, "Before Otto traveled with a tour group on a five-day trip to North Korea, he was a healthy, athletic student of economics and business in his junior year at the University of Virginia, with 'big dreams' and both the smarts and people skills to make him his high school class salutatorian, homecoming king, and prom king," Judge Howell wrote in his opinion. "He was blind, deaf and brain dead when North Korea turned him over to U.S. government officials for his final trip home."

Judge Mindful of Foreign Sovereign Immunities Act

Judge Howell faced many obstacles in this unique hearing. First, given the reclusive state of North Korea, the judge was limited to hearing arguments and evidence only from the plaintiff's side, for which the judge had to be wary. Also, the Foreign Sovereign Immunities Act permits U.S. citizens to sue foreign countries only under certain circumstances, and Howell needed to be careful in his written opinion to meticulously explain how each and every legal requirement had been satisfied by the plaintiffs.

What can't be explained, however, is exactly how Otto was tortured to be placed in such a vegetative state. It is also unclear how the Warmbier's will enforce Judge Howell's judgment against North Korea.

Related Resources:

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source http://blogs.findlaw.com/injured/2018/12/judge-orders-north-korea-to-pay-501m-for-american-students-death.html

Monday, December 24, 2018

San Francisco Sues Pharma for Opioid Epidemic

The City and County of San Francisco has joined the host of other cities around the country suing big pharma for the opioid epidemic in federal court. Years ago, opioids would only be prescribed for severe post-surgery or end-of-life pain relief. But a major change in medical education by opioid manufacturers lowered that bar considerably a decade ago. And now, according to San Francisco City Attorney Dennis Herrera, local citizens are dying by the thousands.

San Francisco Sues Big Pharma Big Time

San Francisco and numerous other governmental entities have filed suit against opioid manufacturers and wholesalers, blaming them for America's opioid crisis. According to plaintiffs in all of these cases, these parties deliberately misled doctors and the general public about the dangers and high addiction rate of powerful painkillers to relieve chronic pain in order to sell more pills and increase corporate profits. Specifically, in his suit against Purdue Pharma, Janssen Pharmaceuticals, Endo Pharmaceuticals, Cephalon, Insys Therapeutics, Mallinckrodt Pharmaceuticals, and Actavis, Herrera and his team allege:

  • Public nuisance of behalf of the State of California
  • Public nuisance on behalf of the city and county of San Francisco
  • Violations of California's Unfair Competition law
  • Violation of False Advertising
  • Violation of Racketeer Influenced and Corrupt Organization (RICO) Act
  • Negligence
  • Negligent misrepresentation
  • Fraudulent concealment

Rise in Opioid Prescriptions Tied to Increase in Street Drug Overdoses

In San Francisco, over 318,000 opioid prescriptions were written last year, which translates to about one in every three San Francisco residents. It is believed that when addicts lose access to prescriptive opioids, they turn to street drugs like heroin and fentanyl.

According to city officials, the use of injection drugs, like heroin, have risen by around 275 percent between 2005 and 2016. Of the over 72,000 drug-related deaths in the U.S. last year, nearly 30,000 were attributed to the drug fentanyl and other synthetic opioids. Though the rise in overdose deaths primarily involve illegal opioids, medical and legal experts firmly believe that the current opioid crisis is connected to the rise of legally prescribed medications. And for this, many want big pharma to pay. Indeed, over a thousand such suits have been filed by governmental entities and individuals alike. And undoubtedly, many more are yet to come.

Related Resources:

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source http://blogs.findlaw.com/injured/2018/12/san-francisco-sues-pharma-for-opioid-epidemic.html

Friday, December 21, 2018

When Can You Sue If You're Detained at the Airport?

Travelers in recent years have learned, perhaps the hard way, that Customers and Border Patrol (CBP) agents can detain you at the airport for refusing to allow them to search your cell phone. Under the Border Doctrine, a search warrant generally required under the Fourth Amendment is not necessary to conduct a reasonable search at the airport.

In recent years, this doctrine has been applied to both immigration and emigration, to U.S. and foreign citizens alike. But many believe these searches are getting out of hand. When can you sue over these cell phone searches?

Which Suits Prevail Against the Border Doctrine?

As attorneys like to say, you can sue the pope for rape, but you might not win. People can generally file any suit they want, but which of these suits will prevail? Usually the ones that violate the "general reasonableness" requirement will not be dismissed. It is generally reasonable to take a laptop or cell phone from travelers for up to five days to review them.

However, the search is limited to what's on that actual device; border doctrine searches are not allowed to access a traveler's digital cloud data. Also with regards to reasonableness, and according to agency directives, if a CBP officer wants to search a device by attaching separate computer equipment to it, there must be a reasonable suspicion or a national security interest. This, however, does not include mere manual searches by agents.

Checking U.S. Citizen Devices When Leaving the U.S.

Recently, Haisam Elsharkawi, a California man, was departing out of Los Angeles International Airport for a trip to Saudi Arabia to go on a hajj, which is a Muslim pilgrimage. While in a boarding line for Turkish Airlines, a CBP officer pulled him out of line and questioned him about how much cash he was carrying. Questioning became intense, especially after officers asked Elsharkawi to unlock his phone, which he initially refused to do. Elsharkawi asked if he could have an attorney present, but his request was denied, and possiblytaken as a sign of guilt.

After about four hours of questioning, Elsharkawi finally acquiesced and let agents search his phone. Elsharkawi has now filed a lawsuit against the federal government for what he claims was an unconstitutional search of his phone. What's interesting about Elsharkawi's suit is that he was an outbound traveler, which is a vary rare occurrence; most other documented searches are of incoming travelers. Time will tell if Elsharkawi prevails.

If you feel that your constitutional rights have been violated by CBP officers, contact a local civil rights attorney. Though the border patrol does have wide discretion in maintaining national security, it is not all powerful. There are constitutional limits to border searches of electronic devices. A lawyer can advise you of your rights and can help you understand the next steps to take to protect your privacy.

Related Resources:

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source http://blogs.findlaw.com/injured/2018/12/when-can-you-sue-if-youre-detained-at-the-airport.html

Today’s Biggest Challenges in Legal Tech

In today’s technology-driven world, trying to keep up with technology with the traditional lawyer mindset and resistance to change, are just a few of the challenges within the legal industry. On this edition of the Kennedy-Mighell Report, hosts Dennis Kennedy and Tom Mighell talk about what they consider to be today’s biggest challenges in legal tech. Later in the program, Dennis and Tom take a look at the odd practice of tweetstorming.

 

The post Today’s Biggest Challenges in Legal Tech appeared first on Law Technology Today.

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source http://www.lawtechnologytoday.org/2018/12/todays-biggest-challenges-in-legal-tech/

Thursday, December 20, 2018

Biggest Injury Lawsuits of 2018

Accidents happen. But some accidents can be avoided, and if someone doesn't take the right steps to avoid an accident, they can be liable for the injuries that occur. Those injuries can be serious or widespread, and if it's a large company or corporation that failed to protect customers or the general public, the lawsuits regarding injury liability can be huge.

The past year was no exception and there were some serious injury lawsuits filed, along with some big verdicts, in 2018. Here's a roundup of the biggest injury lawsuits this year:

1. Victims of California Wildfire Sue Utility Company

The past two years have seen catastrophic wildfires across California, not all of which were mere acts of nature. And those responsible for causing the sparks that lit the state aflame are being called to account. One such lawsuit is targeting Pacific Gas and Electric, claiming the deadly Camp Fire was the "direct and legal result of the negligence, carelessness, recklessness, and/or unlawfulness" of the company.

2. Mother Sues for $60M After Child Died in ICE Custody

Immigration has also been at the forefront of the news this past year, and the Trump administration's enhanced immigration enforcement has come with some deadly costs. Proving government liability in detention and custody injuries and deaths, however, can be tricky.

3. Arizona Class Action Targets Tijuana Weight Loss Doctor, American 'Weight Coyote'

Speaking of immigration, some Americans are crossing the border in the other direction, looking for cheaper weight-loss surgeries. But the results are not what they expected.

4. Walgreens, CVS Sued for Opioid Sales in Florida

The opioid epidemic has been damaging to communities nationwide, but who's to blame? Doctors for over-prescribing painkillers? Addicts who sometimes forge prescriptions or overconsume the drugs? Or drug stores who fail to implement controls on illegal sales?

5. Massachusetts Man Awarded $8.25M for Injuries From Falling Asphalt Melter

Brian Goodrich of Oxford, Massachusetts sustained permanent disfigurement to his face and skull, permanent blindness in one eye, and loss of "even remedial cognitive function" after an asphalt melter fell on his head. In turns out the makers of the melter didn't include adequate warnings, and were legally liable for some of his injuries.

6. Class Action Lawsuit: E-Scooters Are a 'Public Nuisance'

This was also the year of the e-scooters. Thousands of electric scooters began appearing on city streets, generally wreaking havoc on pedestrians and drivers alike. With municipalities scrambling to keep up with e-scooter regulations, some turned to class action lawsuits to curb the e-scooter scourge.

7. Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury

If you're still doing some last-minute shopping, stay safe out there. And if you do get injured, contact a local attorney.

Related Resources:

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source http://blogs.findlaw.com/injured/2018/12/biggest-injury-lawsuits-of-2018.html

Technology Resolutions for 2019

The end of the year is the time for New Year’s resolutions for many of us. How successful are you with your resolutions? We thought so. One reason for not completing your resolutions is that they are too general (“lose weight”). What if you tried to make some of your resolutions more specific by focusing on a single topic? In this roundtable, our experts weigh in on the idea of setting technology resolutions for 2019.

Our Panelists

Dennis Kennedy (DK), John Loughnane (JL), Gyi Tsakalakis (GT), Allison Shields (AS), and Alexander Paykin (AP).

Have you tried the idea of setting New Year’s technology resolutions? Why or why not?

DK: Yes. In fact, Tom Mighell and I have been publicly revealing our tech resolutions on our podcast for the last several years. Going through the exercise has been very useful to me. It gives me a structure to think practically about my own use of technology and, by going public, makes me feel accountable. My success rate has been good, but not perfect, and I’ve noticed that some of the original resolutions might evolve or change during the year, which is not a bad thing.

JL: Not previously. For me (and I suspect many others), New Year’s resolutions have not proven to be an effective means of implementing sustained change.

GT: If by “New Year’s technology resolutions,” you mean “an annual assessment of our technology,” then yes! Every year we review what we currently have, how well it’s working (or being used), and whether there’s something better available.

AS: I am not the biggest fan of New Year’s resolutions in general, preferring to set specific goals with concrete plans of action instead (I seem to get more accomplished that way). I have set technology goals in the past and have been successful at reaching some and not so successful at others. I do have some technology goals on my list for this year.

AP: Absolutely. Every new year is an opportunity for improvement. The trick is to implement the resolutions for New Years and not just make them—make them well in advance. Make Thanksgiving resolutions, then spend December figuring out how implementation would work, then on 1/1, flip the switch.

What themes or specific areas do you target or would you like to target with tech resolutions?

DK: I’ve been using a three-part approach. First, is there a technology pain point that I’d like to alleviate or remove? Second, is there a new technology, a new skill, or a more advanced use of a technology that I’d like to learn? Third, is there something I can do to advance my career, accomplish more with technology, improve processes, or enhance client service?

JL: In lieu of “tech resolutions” I would advocate for “tech commitment” focused on three things: ethics, education, and evolution.

GT: The most recurrent theme is resolving to resist shiny object syndrome. There’s usually a ton of new shiny stuff to try every year. The trick is figuring out what actually delivers something better.

AS: My tech goals have centered on either learning to use technology I already have better, more efficiently, or more consistently; implementing new technology to help improve my practice or the delivery of services to my clients; learning about new technology in the legal space, and turning off technology or reminding myself to use non-tech tools sometimes to reduce information overload.

AP: Major changes. You can upgrade to the new printer anytime. New Year’s should be for big things. Like as of 1/1, we will not use paper files for any new incoming matters. Or as of 1/1, we are switching to a cloud-based practice management system.

What 2019 tech resolutions would you like to share with our readers?

DK: These might change before I finalize them, but here’s my tentative list. First, automate standard tasks and routines by using tools like TextExpander and scripting. Second, I want to dive deeply into idea creation, capture, and management tools. Third, I want to experiment with a niche social media/networking tool called MightyNetworks to try to do some online community creation.

JL: Because the model rules of professional conduct include the requirement of technical competency, I would share a reminder about the fundamental ethical imperative of keeping informed of various technology and associated benefits and risks.

GT: Resolve to avoid shiny objects. Resolve to set S.M.A.R.T. (Specific, Measurable, Achievable, Relevant, Time-bound) goals through which to measure the value of technology. Resolve to implement technology to measure your client development investments from start to finish.

AS: My main technology goals for 2019 include continuing to learn about new technology and how it affects my clients and their practices (including more about AI, blockchain, and cybersecurity) and implementing some new technology in my consulting practice, specifically webinar or course creation technologies to deliver online presentations or courses.

AP: A few from prior years: 1) Create all new matters in the practice management system and digitize five old (but active) files per week until all are in the PDS. Then, repeat with closed matters until all files are digital. Then, get rid of filing cabinets. 2) Put all files in the cloud and no longer save things to the PC’s local hard drive—ever. 3) Implement a scan on arrival mail policy. 4) Log all digital stamps and maintain an electronic mail log. 5) Invoice all clients electronically. This year’s upcoming resolution: Completely automate the engagement letter process and stop hand-finalizing engagement letter templates.

What are your strategies for achieving your tech resolutions?

DK: I put my resolutions into my task manager, Omnifocus, so they appear to me on a regular basis and I am reminded of them. I also break resolutions down into component tasks so my actual work to move the resolution forward is simpler and more doable. Making them public also helps me stay motivated. The S.M.A.R.T. approach to goal setting can also be very helpful.

JL: Becoming or staying technologically competent can be achieved through many means including joining relevant bar association groups, reading topical articles, and listening to a myriad of podcasts. Clients in all industries are affected by the accelerating pace of technological change—so speaking with clients about their evolving technology challenges is an effective means of staying current on challenges and opportunities.

GT: Set goals. Create a plan to implement. Implement. Measure your implementation against your goals. Rinse and repeat every quarter.

AS: As I mentioned above, I think resolutions are too vague for me—I like to set specific goals and then create a plan to reach those goals by breaking the goals down into smaller, more achievable chunks, and then set deadlines for completing those smaller goals or tasks. For example, if I want to learn more about AI and blockchain in 2019, my first step would probably be to find some resources—books, podcasts, articles, etc. and then set aside time to consume that content. I might even make a plan to write an article or blog post about one or more of these topics since that will force me to have to learn about it.

AP: I am moving the Word versions of my engagement letter far far away and integrating the engagement letter template as an automated document form in my practice management system. To avoid temptation and remind myself to do it electronically, I am leaving a file that looks just like the engagement letter Word file in the original directory, but even though I set it to have Word icon when I click on it, it’s actually a link to my PDS URL. That way the muscle memory and habit of going into that directory will be changed—by force if need be.

What tech resolutions would you suggest might work for many readers?

DK: I like my thematic approach and encourage readers to try that. Buying a new piece of hardware that you really want or trying a new software program or cloud service is also a great starting point. Learning an advanced use of a program you use every day (Outlook, Adobe) is another productive approach. For most of our readers, putting more effort into cybersecurity will be a great resolution.

JL: At one point, a number of lawyers viewed technology as a distraction from their primary practice. At this point, technology is core to the very existence of most clients and fundamental to practicing law effectively. I recommend lawyers view the commitment to staying technologically competent as more than a resolution—but rather as the fulfillment of an ethical duty that should help fulfill client needs and drive practice development.

GT: See my response to question three.

AS: I think everyone is different and has a different level of comfort with technology, but one of the easiest goals would be to look at the technology you already use and identify one to three ways you want to learn how to use that technology better in 2019. That might mean learning how to create Rules in Outlook to better manage your email and then creating time in your schedule to learn how to do it. Or it could mean learning how to create a new report in your practice management or accounting software or developing templates in your document management system to deliver services more efficiently to clients. Sometimes it helps to look at the most time-consuming or frustrating or repetitive actions you undertake regularly and seek out ways that technology can make them easier or more effective.

AP: 1) Create all new matters in the practice management system and digitize five old (but active) files per week until all are in the PDS. Then, repeat with closed matters until all files are digital. Then, get rid of filing cabinets. 2) Put all files in the cloud and no longer save things to the PC’s local hard drive—ever.  3) Implement a scan on arrival mail policy. 4) Adopt an electronic signature policy and an account with a company like DocuSign. 5) Invest in a VOIP phone system which follows you wherever you go. 6) Engage an off-site receptionist service like Ruby, and integrate it into your PDS. There are so many others…

The post Technology Resolutions for 2019 appeared first on Law Technology Today.

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source http://www.lawtechnologytoday.org/2018/12/technology-resolutions-for-2019/

Wednesday, December 19, 2018

School Has 'No Legal Duty' to Protect Students in Mass Shooting

A federal judge decided that the school district and sheriff's office had no legal duty to protect the students as they were fired upon by Nikolas Cruz in the Marjory Stoneman Douglas High School shooting in Parkland, Florida on February 14, 2018.

Fifteen students filed two suits, one in federal court and in one state, claiming they had a 14th Amendment due process right to be protected by law enforcement officers. The federal judge dismissed the case, while the state judge allowed for the case to proceed, even though both courts were using the same set of facts and legal precedent. But only one view will prevail, and legal scholars believe that will be the federal court's.

Police Do Not Owe a Duty of Care to Individual Citizens

Police generally do not have a duty to protect individuals. Rather, they have a duty to protect the general public. Taken to the extreme, a police officer would not have a duty to protect you even if they saw someone point a gun and shoot you in the head. Their duty would be to apprehend the criminal to protect the public, but not necessarily to intervene and protect you.

However, a duty would arise if that police officer had a special relationship to you or if you were being held in custody. Courts have regularly said that school does not elevate to the requisite level of being held in custody. Rather, that level of care is reserved for prisons and the like. But what about special relationships? That is where the state and federal court differed.

State Court Believes School Resource Officer Did Have a Duty of Care

The state court felt that the community safety officer stationed at the school, Scot Peterson, did have a duty to protect, and therefore would not dismiss the case. According to Darren L. Hutchinson, a professor and associate dean at the University of Florida School of Law, when an officer has a "special relationship" with people, or acts to "enhance the risk" of harm, the officer can be liable under a negligence theory for any resulting injury.

This is likely how Judge Henning found that Mr. Peterson did have a duty to protect those inside the school and refused to dismiss the suit. The court likely found Peterson, as a school resource officer, had a special relationship with the students, and as such, there would a duty of care to protect the students. In addition, facts seem to show that Peterson not only failed to go in and help the students when he knew that Cruz was shooting at them, but he also ordered a lockdown of the building, thereby trapping the students inside the school with Cruz like sitting ducks.

It is expected the plaintiffs will appeal the federal court's dismissal of the case.

Related Resources:

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source http://blogs.findlaw.com/injured/2018/12/school-has-no-legal-duty-to-protect-students-in-mass-shooting.html

The Significance of GC (General Counsel) in Implementing GRC

Every business faces risks and no system is efficient enough to eliminate all the risks. Not every risk is harmful to the company; it can also be seen as an opportunity, allowing the business to thrive on it. As the top management assesses a range of risks, it is the responsibility of GC to direct them towards those risks that can be fatal for the company and ensure that a comprehensive plan is in place to tackle them. And an efficient GC will use the most proficient processes supported by unified technology platforms available to mitigate these risks.

This goal is met by employing an integrated technology platform that enables companies to combine a variety of systems that manage and store data regarding legal, risk, and compliance activities on a single, secure, and collaborative framework. This empowers the GC to improve visibility and identify high-risk matters while using data from across systems and departments to manage legal, risk, and compliance more strategically and holistically. Getting a technology-enabled system will help coordinate many complexities of GRC and allow the GC to work with the board and senior management across multiple functions to focus on the people side of the governance while providing them with accurate, consistent and clear information and advice.

For this, General Counsels are looking for a secured process that allows document exchange and collaboration within a framework that renders information control and governance suitable for protecting sensitive and confidential corporate information. Innovations and developments in legal tech have brought forth SaaS-based extended enterprise collaboration solutions which are proving to be the strongest alternative in improving access, efficiency, security, and value of the legal processes.

In-house legal teams are employing secure cloud-based repositories such as exchange for encrypted documents which enables the legal department in preparing, reviewing and conducting due diligence during contract negotiations and ongoing contract renewals. These SaaS-based solutions help the legal team manage global distribution of highly sensitive or confidential documents to external parties meanwhile enabling compliance through global access controls and details audit trails.

An efficient General Counsel will execute a well-planned and thorough GRC strategy because he/she understands its benefits which are: improved decision-making, more optimal IT investments, elimination of silos, and reduced fragmentation among divisions and departments, to name a few.

Future Ready Technologies has enabled legal teams to not only fetch the data but also help automate and better capture legal risks. Hence, the modern day General Counsel is keen to adopt a Enterprise Legal Management or a legal ecosystem on the cloud which can help create/coordinate, monitor, manage, analyze and evaluate policies that control/map them to regulatory and internal compliance requirements.

A General Counsel today is expected to take on responsibilities that were once part of external legal teams while facing an ever- wide range of legal issues and take on a range of legal-adjacent tasks such as risk, compliance, and strategy. As they formulate a GRC framework to solve and mitigate the legal issues facing the corporation, they also need to keep in mind the people and processes which will be affected by the framework. – Parimal Chanchani, Director,  PracticeLeague

It is a requisite for a General Counsel to prepare an apt cultural environment in parallel to employing any software solution. It entails assessing the organization’s risk and examining controls and if the adequate controls are in place.  A coherent leader will evaluate if the controls are working or not and add controls wherever needed to fix those that aren’t delivering as intended.

Legal industry, like other industries, is fast catching up with the tech transformation where top professionals like GCs have fathomed the reality of becoming a tech-savvy leader in spearheading their organization. Today’s General Counsels are adopting technology solutions to develop integrated risk management capabilities, have a highly organized compliance and audit programs, and streamline services across internal teams and external service providers.

They are doing so by implementing ELM software, analytics, and various collaboration tools, thereby establishing a solid tech foundation for their departments. Reports have estimated that many general counsels are now employing automating routine document management and invoice-handling. Apart from AI and machine learning, GCs have also identified the importance of blockchain technology and smart contracts and apprehended the enormous potential it brings in revolutionizing standard form contracting.

A successful organization is driven not just by better business decisions but also by agility and digital transformation. Speed to market is emerging as a top capability to stay competitive. While it is daunting for in-house legal teams to transform their processes overnight, given their restricted environment of increasing regulations, the General Counsel has to balance speed with compliance and stay agile in order to move fast enough to stay ahead and competitive.

The post The Significance of GC (General Counsel) in Implementing GRC appeared first on Law Technology Today.

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source http://www.lawtechnologytoday.org/2018/12/the-significance-of-gc-general-counsel-in-implementing-grc/

Tuesday, December 18, 2018

Four Tips for Search Engine Optimization for Lawyers

As a law firm, it is important to have a website that abides by the rules and regulations that have been dictated by the various state bar associations. However, that does not mean that an attorney website cannot utilize some of the best marketing practices being used today. Search engine optimization for lawyers is as simple as doing your research and writing it out.

Search engine optimization (SEO) is one of the best ways an attorney can help drive traffic to their website. If you are marketing for your firm’s website, the SEO tips below can help increase your potential clientele outreach.

Search Engine Optimization for Lawyers: The Facts

Before creating website content, it is vital to understand the dynamic environment that makes up the world wide web. After all, 96% of all people seeking legal advice will begin their search using a search engine.

There are multiple search engines available for use by various searchers. However, Google is the largest in the world. In fact, Google is used to complete 75% of all search engine queries. As such, the majority of your SEO tactics should be geared towards increasing your Google ranking.

The Google Algorithm

Google updates it’s algorithm regularly. With each update, it tweaks and hones its ability to rank all potential responses to a query. These updates provide the basis for which your website will be ranked when a query is run. By utilizing SEO tactics, you can help to boost this ranking.

Search Engine Optimization for Lawyers: The Site

SEO tactics can be employed by anyone, however, law firms should pay particular attention to several areas of interest.

Keywords

Do not skip your keyword analysis. Keywords are one of the first things a search engine will analyze when a query is entered. These keywords, which can be short- or long-tailed, are the initial criteria that dictate how closely your content can satisfy the search query.

Having short-tail keywords, which are considered generic, is a great way to attract a large number of site visitors. (In fact, 62% of all legal searches fall into this category.) However, utilizing long-tail keywords are more specific. Long-tail keywords, which typically range between three and five words, have both short and long-term benefits. They may not drive the same amount of traffic to your website, however, they will direct more serious traffic to you. (Which is important when 87% of people who actually reach out to a lawyer end up hiring them!)

Build Appropriate Content

Knowing your audience is one of the most important factors when it comes to SEO strategies. It drives your keyword development and helps you to build the content they want to see. In order to intelligently optimize your website, for example, keywords should be used in your H1, H2 and meta description sections of your content. By researching your keywords and analyzing them, you can craft content that highlights these words and phrases and helps to truly capitalize on their relevance.

Do not ignore your local ranking! Google strives to provide relevant content to users, giving preference to the local law firm(s).

Attorney Calls to Action

A call to action (CTA) is the summation of your content. For many websites, it will go at the end of their content. However, for any law firm(s), an effective CTA works a bit differently.

For an attorney, the CTA should be located above the point at which a visitor will need to scroll. Additionally, a phone number should be prominently featured on every page. (In fact, you should provide more than one means of contact to encourage any type of outreach. This may include multiple numbers, email addresses, and contact forms.)

The post Four Tips for Search Engine Optimization for Lawyers appeared first on Law Technology Today.

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source http://www.lawtechnologytoday.org/2018/12/four-tips-for-search-engine-optimization-for-lawyers/

Monday, December 17, 2018

Reuters Releases Johnson & Johnson Report, Suggests Internal Knowledge for Decades

Reuters released a report that proclaims Johnson & Johnson (J&J) knew their talc products contained asbestos, but hid that information from regulators and the general public. Asbestos has been linked to mesothelioma and ovarian cancer, and now it seems J&J talc is linked to those as well.

Confidential Internal Memos Prove J&J Knew of Asbestos in Talc

It appears that J&J knew for decades that its talc contained forms of asbestos, but that the company either neglected to report these findings, explained them away as statistically insignificant, or tested their product in such a way as to minimize or avoid asbestos detection. But years and years of discovery by various plaintiffs' lawyers have finally scratched away at what could be a facade that masked what J&J knew, but never disclosed: that its talc contained asbestos.

Now, J&J has been forced to share literally thousands of pages of company memos, internal reports, and other confidential documents to attorneys who claim their talc caused various forms of cancer.

Knowledge at the Highest Levels

Reuters reviewed these documents, which seem to state that the company knew that its raw talc and finished powder tested positive for small amounts of asbestos from at least 1971 to the early 2000's Ranking executives and company lawyers knew this fact, but didn't disclosed it to regulators or the public. Not only did they intentionally fail to disclose this information, but it appears they also successfully influenced U.S regulators' plans to limits asbestos in cosmetics, as well as the government's scientific research on talc's adverse health effects.

Documents May Help Plaintiffs Prove Link Between Cancer and Talc

In recent years, juries awarded huge sums to plaintiffs for proving that J&J talc was laced with asbestos, which in turn, caused their mesothelioma. Mesothelioma is a lung cancer caused by asbestos. Normally, these cases are found in construction and mine workers. But when cases starting arising by the dozen in patients who never held these jobs, it led to the theory that they inhaled the asbestos in a different way. And as it turned out, that way was talc. Unfortunately for plaintiffs, jury verdicts have not always held for plaintiffs. In fact, results have been pretty mixed, since plaintiffs bear the burden of proving that there was asbestos in the talc used by plaintiffs. And that link has always been difficult to prove, until now.

Mesothelioma and Ovarian Cancer Linked to Talc

These mesothelioma cases opened the door for broader J&J liability, and earlier this year, plaintiffs successfully won a $4.69 billion verdict for proving that asbestos-tainted Baby Powder and Shower to Shower talc caused ovarian cancer, again via asbestos, in women that regularly used J&J talc products as a perineal antiperspirant and deodorant.

Ovarian cancer is much more prevalent than mesothelioma, and hence J&J's liability could be debilitating to the company. In fact, J&J is facing thousands of lawsuits claiming its talc caused cancer, since asbestos has a long latency period. And now it appears lawyers may now have all the evidence they need to tie the two, in both forms of cancer.

If you or someone you love has been diagnosed with mesothelioma or ovarian cancer, and you think talc could be to blame, contact a personal injury lawyer. This Reuters report could have potentially opened the door for many plaintiffs seeking to recover damages for their cancer inflection. A lawyer may very well be willing to listen to the facts of your case, and even represent you, for no money down.

Related Resources:

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source http://blogs.findlaw.com/injured/2018/12/reuters-releases-johnson-johnson-report-suggests-internal-knowledge-for-decades.html

Billing Automation Boosts Realization & Collection Rates

Cost control has been a hot topic in the legal sector at least since the financial crisis of 2008. The economic downturn led many clients to look more closely at their expenditures for legal services.

Even after economic conditions improved, many law firms have still seen their realization and collection rates steadily decline. According to a report issued by Georgetown University Law Center and Peer Monitor, realization rates have declined to 84%. This means that firms are not getting paid for 16% of legal services provided. Historically, law firm realization and collection rates have ranged between 90 and 95%.

In addition, as a recent Altman Weil Flash Survey revealed, companies have increasingly built up their internal legal functions due to cost pressures, resulting in “[m]ore than 85% of law firms finding that their strongest competition is coming from their clients.” Similarly, in their 2018 Legal Trends Report, Clio found that 31% of consumers feel that legal services are too expensive and 35% feel the end results don’t justify the expense.

The combination of these factors has put tremendous cost pressure on law firms. Law firms are increasingly turning to billing software to find efficiencies in their billing process and use data to increase profitability.

Taking a more data-driven approach has the potential to help firms overcome these two challenges. The right billing and practice management platform can help firms reclaim some of these lost billable hours.

Be Reasonable

Rule 1.5 of the ABA Model Rules of Professional Conduct offers guidance on what it calls reasonable billing. The rule “requires that the lawyer communicate with the client regarding the scope of the representation and the basis or rate of fees and expenses.” This communication of fees is preferred in written form but only mandated in written form for contingent fee cases.

But what is or is not a “reasonable” fee for legal services? Model Rule 1.5 lists eight factors to consider when making this determination.

  1. The time and labor required for the matter, the novelty and difficulty of the questions involved, and the skill necessary to handle the matter properly.
  2. The likelihood, if apparent to the client, that taking on this matter will preclude other employment by the lawyer.
  3. The fee customarily charged in the locality for similar legal services.
  4. The amount involved and the results obtained.
  5. Time limitations imposed by the client or by the circumstances of the case.
  6. The nature and length of the professional relationship with the client.
  7. The lawyer’s experience, reputation, and ability.
  8. Whether the fee is fixed or contingent.

Reasonable billing is important in this discussion of realization and collection rates. Clients continue to push back on rate increases. And as billing rates have increased in the past decade, realization rates and collection rates have plummeted, down nearly 10% in the case of collection rates.

Therefore, trying to increase profitability through rate increases alone is not sufficient. Law firms should also focus on streamlining and improving other aspects of their billing and collections processes.

Capture Your Time

Being able to efficiently capture and record billing entries is, of course, important to consider.

According to results from a recently commissioned internal LexisNexis survey of more than 450 small firm attorneys, law firms with 1 to 20 attorneys say they are missing out on 40% of their actual billable time due to inefficient billing and time-tracking practices. As a more striking example, Clio’s 2018 Legal Trends Report found that “[d]espite working 50 hours per week, the average lawyer dedicates only 2.4 hours to billable work per day.”

Of course, being able to easily and fully capture billable time and expenses can greatly affect revenues. If a firm is only recording 70% of time committed to a matter, then 30% of legal services rendered aren’t even in play.

A number of legal billing software providers now offer lower cost solutions to streamline and automate firms’ billing processes. Most of these services offer both desktop and mobile functionality, giving firms the ability to record time and bill clients anywhere they have an internet connection.

But without a commitment from the law firm’s human resources—both attorneys and paralegals alike—even the easiest billing software solution will not be enough.

Plan and Execute

Increasing a firm’s profitability requires a billing process that is efficient and accurate. Sounds simple enough, but in practice, it can be difficult to get everyone in your firm to comply.

The American Bar Association recommends the following as it relates to billing and timekeeping:

  1. Be descriptive
  2. Avoid block billing
  3. Proofread time entries
  4. Track and enter your time daily
  5. Record all your time

Paper timekeeping logs and complicated time tracking systems can and often do add further inefficiencies in this process. Recording time on loose pieces of paper or a myriad of digital documents over several different devices is a recipe for lost time and under billing.

Customer Focused Payment Solutions

Consumers of legal services want ease of use and transparency in billing. They come to expect this in other industries and express frustration when they don’t have that experience with their legal services providers.

Thirty-one percent of consumers want the ability to pay bills via the web, and 26% say they would rather use the web to check the number of hours their lawyer is spending on their matter.

Taking online payments often means faster payments and higher collection rates for firms. Solo and small firms get paid 39% faster when they accept credit cards.  Many billing and practice management platforms allow clients to pay online and have more visibility.

Data-Driven Solutions

The term “data-driven” has been a buzzword in most industries for years now. But what do we mean by data-driven? In short, the term means that data is collected and leveraged to inform business decisions.

As it relates to billing for legal services, law firms already use their billing data to gain insights into human resource utilization, such as hiring and firing decisions, and whether associates or paralegals might need more training in specific areas.  But billing data can also be used to improve realization and collection rates.

Major, Lindsey & Africa’s 2018 Industry Outlook cited “more firms using analytics to predict trends and measure practice development by applying advanced analytical tools to their own billing and financial information.” In fact, larger law firms are becoming increasingly involved in developing software solutions, including in the context of legal billing and cost controls.

The issue has been, however, how might a solo or small firm aggregate and leverage this kind of data.  In the past, the technology necessary to achieve this kind of data collection and analysis was cost prohibitive for all but the largest firms. However, cloud computing has equalized access to a great degree of these valuable tools. Firms no longer need to commission white label software or build in-house solutions.

Imagine if you could tell your timekeepers in advance how much is likely to be billed for a set of tasks?  Or if you could predict what a client will pay for, before you send in your bills?

Data-driven solutions – for large and small firms alike—are coming that would do exactly that. For example, one legal technology company revealed a patent-pending application that uses artificial intelligence (AI) and machine learning for predictive billing, aimed directly at improving law firms’ realization and collection rates. As another example, another legal software solutions provider envisions “applying AI to analyze hundreds of thousands of time cards and building a budget for even the most complex litigation matters with an 80% probability.”

Even without such solutions, many billing platforms offer at least some limited form of data aggregation, reporting, and analytics. Electronic time, billing and collection records can be analyzed giving firms an accurate view of their utilization, realization and collection rates. This information is vital to running a more efficient, profitable practice.

Conclusion

In a market climate where simply raising billing rates are not an option to battle tightening margins, the solution to attaining profitability for law firms is to increase realization and collection rates.

Key to doing so is implementing and executing clear procedures to streamline and organize your billing process.

The post Billing Automation Boosts Realization & Collection Rates appeared first on Law Technology Today.

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