Your Gmail account is fair game for cops or feds, says US judge| Naked Security

Case 1:14-mj-00309-UA (SDNY) by Leonard E Sienko Jr

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.Southern District NY  “… on Thursday opened up our entire Gmail accounts to feds or cops with warrants, in spite of two recent decisions that went against similar requests.

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…”

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Read entire analysis by Naked Security here.

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Hacking Chaos: The Cornell Method of Note-Taking–Lisa Needham for Lawyerist

 

by Lisa Needham 

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.

That’s where the Cornell Method comes in. The Cornell Method has you separate your notes into note-taking portion, key points, and a summary. And it is ideal for lawyers.1

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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.

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Model Legal Documents–NVCA Model Venture Capital Financing Documents

 

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:

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Who Will “own” These Documents?

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.

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Read entire NVCA article with rationale for model documents here.

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Today’s Tech: How A California Personal Injury Attorney Uses Google Glass -Niki Black

From:  « Above the Law: A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law Schools, Law Suits, Judges and Courts + Career Resources

 

 Meet Mitch Jackson, a California personal injury attorney, and learn how he uses the wearable technology Google Glass in his law firm.

 

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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.”

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Read Niki’s entire article about Mitch’s use of Google Glass here.

 

 

 

 

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Lawyers may look at what jurors post online, but only if it’s available to the public-ABA Journal

 

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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 [8] 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.’ “

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The ABA Standing Committee on Ethics and Professional Responsibility Formal Opinion 466(PDF), issued April 24.

Read entire ABA Journal article here.

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NACDL – Clemency Project Overview

 

Northern District of New York

Federal Court Bar Association, Inc.

www.ndnyfcba.org

(315) 422-2799

July 13, 2014

ANNOUNCEMENT

NACDL Clemency Project 2014 

Upcoming Mandatory

Live Webinar Training

July 15 and July 16, 2014 

Dear Leonard:

The NDNY-Federal Court Bar Association is pleased to forward our members the following information regarding the 2014 NACDL Clemency Project and the upcoming 2014 Required Training Live Webinar which will be held on July 15, and July 16, 2014.

The NACDL Clemency Project asks the legal profession to provide pro bono assistance to federal prisoners who would have likely received a shorter sentence if they had been sentenced by  today’s sentencing standards.  Support for this program comes from the NACDL, ABA, FAMM, ACLU, federal public defenders and other bar groups.

Please contact the Clemency Project administrators for details, questions and registration:

clemencyproject@nacdl.org.

For more information about the program please visit their website at: http://www.nacdl.org/NewsReleases.aspx?id=33100.

_________________________

Dear Clemency Project 2014 Volunteers,

First, on behalf of NACDL, our colleagues at the ABA, FAMM, the ACLU, federal public defenders, and the many other bar groups that are referring volunteer lawyers to Clemency Project 2014, I want to again extend our deepest gratitude for this remarkable outpouring of support in this effort. For those who have previously heard from us, this is a further update on where things stand. For those who have volunteered since our previous communication, welcome to the Project.

The most important piece of information to communicate is that the required training for all Clemency Project volunteers will be conducted via a live webinar on July 15 and 16. The program will be webcast from NACDL headquarters, and will also be available online shortly thereafter for on-demand viewing. Therefore, while live viewing is preferable, it is not mandatory. It is anticipated that the complete program will consist of four 90-minute segments.

Prior to the live training, all volunteers will be provided with a link to view the program agenda. We plan to conduct the program in an interactive manner to afford participants an opportunity to submit questions. If there are clarifying questions that cannot be addressed during the webcast, Project volunteers will share the questions and answers via an email subsequent to the live production. All participants, whether participating in the live webcast, or viewing it subsequently online, will be required to certify that they have viewed the entire training program before cases are assigned to them. Case assignment will begin shortly thereafter.

As many of you know, the Bureau of Prisons has been notifying all inmates serving federal sentences of the clemency initiative and its criteria. Additionally, all inmates are being advised that they may request pro bono counsel through Clemency Project 2014. Most inmates are receiving the notification and an electronic questionnaire via the BOP internal TRULINCS communications system. The results of that survey are transmitted to Clemency Project 2014 and imported into a tracking system that will be the central repository for all requests. The tracking system will provide you online access to verify and update the inmate’s information, as well as to track the progress of each case. As of now, we have received more than 18,000 requests for assistance. Additionally, the small percentage of inmates who cannot access the electronic survey have access to a paper questionnaire that they can mail to Clemency Project 2014. So far, we have received close to 1,000 questionnaires.

Thus, in addition to the tremendous efforts of a Training Committee that is assembling both the core training and supplementary materials to assist those who will be reviewing the inmate requests, we are spending the time between now and mid-July to organize and sort all of the electronic data, as well as to capture the raw data received on the paper questionnaires.

Additionally, sometime between now and the training program, you will be asked to register for the training and complete a survey. The survey will seek to determine how much time and resources you can devote to the project, and to provide the Project with some basic information about your experience level. This information will help the Project determine how best to employ your talents at the various phases of the review, screening, and petition drafting process.

We are extremely pleased that Cynthia Roseberry, an outstanding criminal defense lawyer who has most recently served as the Executive Director of the Federal Defenders for the Middle District of Georgia, will be coming to Washington, D.C. to serve as Project Manager. Once Cynthia arrives at her post, in the middle of this month, she will be the principal point person for you as volunteers and she will be responsible for the overall management of the Project.

Again, thank you for volunteering. We will continue to provide periodic updates via email. In the meantime, for those who can be available, we hope you will join us for the July 15 and 16 training webcast.

One final note: from time to time, we will send essential updates such as this to all volunteers for Clemency Project 2014. Please do not unsubscribe from this distribution list, as it will mean that you will no longer receive information concerning the project. For questions or updates about the Clemency Project, please send emails toclemencyproject@nacdl.org<mailto:clemencyproject@nacdl.org>.

With best regards and gratitude on behalf of my colleagues in Clemency Project 2014,

Norman L. Reimer

Executive Director

NACDL

____________________________

We encourage all interested attorney to join this worthwhile project.

Sincerely,

Edward R. Conan

2012 Past President

and

The Officers for the NDNY-Federal Court Bar Association

NDNY-Federal Court Bar Association

www.ndnyfcba.org

(315) 422-2799

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Notice of Public Hearing: Special Education : P-12 : NYSED

 

 

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
1411 Broadway 
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.

 

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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. 

 

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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

You may also click here.

 

 

New 1023-EZ Form Makes Applying for 501(c)(3) Tax-Exempt Status Easier; Most Charities Qualify

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.

 

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The new EZ form must be filed online. The instructions include an eligibility checklist that organizations must complete before filing the form.

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.

 

 

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The Art of Being Solo — Sarah Poriss

 

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

Enjoy!

Sarah Poriss

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  

 

July 15, 2014 CLE – False Claims Act and Qui Tam Enforcement – Albany, New York

 

NDNY-FCBA CLE – “False Claims Act and Qui Tam Enforcement:  All Points of View”
Albany, July 15, 2014

9:00 a.m – 1:00 p.m.

Registration at 8:30 a.m.

4.5 credits – Professional Practice

The civil False Claims Act is one of the fastest growing areas of federal litigation, particularly because of its unique qui tam provisions, which allow private citizens to file suit alleging fraud on behalf of the government. If the government prevails in the action, the whistleblower (known as a “relator”) receives up to 30 percent of the recovery. The Department of Justice secured $3.8 billion in False Claims Act settlements and judgments last fiscal year alone, of which relators received $345 million. Several million of those
dollars were recovered as a result of cases filed in the Northern District of
New York.

This comprehensive CLE features a well-balanced faculty of local and national False Claims Act practitioners who will speak from varying perspectives and address all aspects of False Claims Act and qui tam matters. Our speakers include representatives from the U.S. Department of Justice, the New York State Office of the Attorney General, a federal Inspector General’s Office, as well as members of the relators and defense bars, to ensure a balanced discussion.

What You Will Learn
Whether you are a beginner or an expert, this CLE has something for you – from a presentation by United States Attorney Richard S. Hartunian on the types of cases that his office is bringing in upstate and central New York, to practical solutions regarding litigation strategy presented by seasoned practitioners in this field.

The CLE will include a primer on the False Claims Act, an overview of the federal government’s role in False Claims Act litigation, and a panel discussion that will address various topics ranging from dealing with parallel civil, criminal, and administrative proceedings to emerging issues in qui tam litigation.

Time is reserved throughout the program to address registrants’ questions.

Register Now!

There is no charge for this program.  Program is free for members of NDNY-FCBA…Non-members may join NDNY-FCBA and also be admitted free.

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