| 'Friending' A Witness Violates Ethics |
| Tuesday, 08 September 2009 20:14 |
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Law Firm Bulletin - Legal Technology
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| Thinking of asking an acquaintance or paralegal to friend an adverse witness to gain information that could be used for impeachment?
Don’t do it, an ethics opinion warns.
The Philadelphia Bar Association’s Professional Guidance Committee has warned that such a plan would violate Pennsylvania ethics rules, the New Jersey Law Journal reports.
“Deception is deception, regardless of the victim’s wariness in her interactions on the Internet and susceptibility to being deceived,” the opinion says.
The inquiring lawyer explained that an 18-year-old adverse witness has accounts on MySpace and Facebook, and tends to accept anyone who sends a friend request. The lawyer sought advice on a plan to have a third party send a friend request, with the aim of obtaining information that could be used against the witness. The third party would give his or her real name, but would not reveal any link to the lawyer.
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| Method Patents Ruling May Benefit Tech Firms |
| Monday, 24 August 2009 23:18 |
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Law Firm Bulletin - Legal Technology
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| En banc decisions from the Federal Circuit U.S. Court of Appeals almost always mean big news for the IP bar. On Wednesday the court ruled in Cardiac Pacemaker v. St. Jude, which considers the issue of whether a 1970s federal law against encouraging patent infringement abroad applies to method patents. Much to the relief of the business community, the court ruled that it does not.
In the underlying case, Cardiac alleged that under a specific patent law provision known as 35 U.S.C. § 271(f), St. Jude was liable for exporting heart stimulators that allegedly infringed Cardiac's patent on a method for detecting heart arrhythmia. (Cardiac made other claims in the long history of this case, but the focus here is on the method patent allegations.)
On Wednesday, the Federal Circuit ruled that the provision applies only to apparatus patents, not method patents. The court concluded that Congress's intent in passing § 271(f) was to close a loophole that allowed companies to skirt U.S. patent laws by assembling a large percentage of a product in the U.S. and leaving the rest to be finished abroad. The judges then reasoned that because a patented method is not something that can be easily exported, Congress did not intend the provision to apply to method patents.
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| Judges Grow Wary of Jurors With BlackBerrys |
| Wednesday, 19 August 2009 20:05 |
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Law Firm Bulletin - Legal Technology
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| There has been an array of stories emanating from the nation's courtrooms about jurors causing havoc -- and often mistrials -- by using electronic devices to research issues pertaining to their cases or post information about deliberations on networking sites.
And now, just this month, comes word of a similar case in Connecticut. Given the growing trend, some Connecticut judges have taken it upon themselves to expand the warnings that they give to jurors. Others aren't convinced quite yet that's necessary.
Frank Iannotti, president of the Connecticut Judges Association, said jurors have long been told to not do any research on their case, read stories in the newspaper or watch accounts on television.
Iannotti, who currently presides as a Superior Court judge in Waterbury but will move to Bridgeport next month, said sometimes he includes the word "Internet" in his instructions, and sometimes he does not.
"We have very intelligent jurors in the state of Connecticut," said Iannotti. "They understand what that means. I don't think you need to specifically use the word 'Internet.' Would it hurt to use it? No. But I don't think it's specifically necessary."
And what happens when one juror runs amok? Iannotti said that's why alternate jurors are chosen. The bigger problem comes when jurors who do their own independent research share their information with the others. In those cases, the judge has no choice but to declare a mistrial.
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| Same-Day Access to Civil Suits Online |
| Tuesday, 18 August 2009 22:32 |
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Law Firm Bulletin - Legal Technology
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| The public now can go online to see most new civil suits filed with the Harris County District Clerk's Office on the same day they are filed and print an unverified copy of them free that day.
The new online service, available on the Web site for the clerk's office, launched in late July after a federal judge issued a preliminary injunction that gives a reporter for Courthouse News Service same-day access to new civil suits filed in the Harris County district courts.
"It's there for the world to see on the same day. Anybody can look at that petition, and on the same day you can print a copy of the petition," says Harris County District Clerk Loren Jackson.
Jackson says his office has been working for months to set up same-day online access to new civil filings, but U.S. District Judge Melinda Harmon 's July 20 order in Courthouse News Service v. Loren Jackson, et al. pushed the launch date to July 24.
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| Allocating E-Discovery Costs in New York |
| Tuesday, 18 August 2009 20:22 |
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Law Firm Bulletin - Legal Technology
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| The explosion of electronically stored information and the issues it raises for litigators has been well chronicled by federal judges and commentators of federal procedure. So, too, have the issues about who is responsible for paying the soaring costs incurred to preserve, search, retrieve, review and produce ESI in the discovery process.
Much less has been written on who pays for e-discovery in New York state court litigation. Initially, one might conclude that is because the CPLR is clear on the subject: Contrary to the federal courts, New York courts presume, on the basis of CPLR 3120, that the requesting party pays for the documents it seeks. It follows that a requesting party must also bear the costs incurred with the production of ESI. Generally, that has been the conclusion of the trial courts that have been confronted with the question of who should pay for e-discovery.
The issue does not end there, however. No New York appellate court has yet ruled on whether a requesting party presumptively bears the costs of e-discovery. Furthermore, several courts and bar-bench committees have proposed or instituted rules to govern e-discovery and none of them presupposes that the requesting party is exclusively responsible for the costs of e-discovery.
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