Rob La Gatta's Recent Articles from LexMonitor

Webinar on Social Media for Lawyers today at 9 a.m. PT

rob@lexblog.com (Rob La Gatta) — Wed, 29 Oct 2008 16:25:45 GMT

Here at LexBlog's Seattle office, we're gearing up for our latest monthly webinar, which kicks off in just about half an hour. This month's webinar focuses on social media. Among the issues we'll be discussing:

What is Social Media?
What is the difference between Social Media and Social Networking?
How can we use Social Media to market ourselves online?
What are examples of Social Media?

There's still time to register: just click here and fill in the fields with all relevant information. If prompted for a password, use seattle. We look forward to seeing you and hearing your questions on social media this morning.

Live Blog: "A Global Perspective on Data Security Breaches and Enforcement"

rob@lexblog.com (Rob La Gatta) — Tue, 21 Oct 2008 22:34:31 GMT

Just as I suspected in my last post, the event is starting to fill up. I'll be live blogging what happens from this point forward.

Take a look after the jump.

2:31 p.m. PT: TJ Svensson, Assistant General Counsel (Global Privacy) at Thomson Reuters, is introducing the panel.

2:33 p.m. PT: Svensson is noting that Dave Dunn of the Secret Service is also presenting on the panel, despite his name not being listed in program literature. First speaker is Pamela Jones Harbour of the FTC; she was sworn in in 2003 for a term that expires in 2009. She is a former antitrust lawyer who counseled clients on internet privacy/e-commerce/related matters. She also spent a good amount of time in the New Jersey Attorney General's Office, where she represented the state in what led to a variety of multi-million dollar settlements.

2:35 p.m. PT: After that, Lisa Sotto from the NY office of Hunton & Williams will be speaking. She has extensive experience on privacy/data security issues, and advises clients on GLB/HIPPA/other security requirements around the country. During the past 3 years, she has worked with clients on over 300 data security breaches. She has testified before Congress on privacy/data security issues and is routinely quoted in articles - more than 100 to date - about privacy-related issues.

2:37 p.m. PT: Joanne McNabb will be speaking next. McNabb is another privacy expert who is a frequent speaker at privacy conferences and seminars. She started the Office of Privacy Protection, and has a marketing background that gives her a unique understanding of personal information that could result in data breaches.

2:39 p.m. PT: Lastly, we'll hear from Dave Dunn from the Seattle Police Department - who works with forensic/electronic crimes - currently working for the Secret Service. He works primarily on organized crime and extortion-related cases.

2:40 p.m. PT: Pamela Jones Harbour has taken the stage, and is recounting an event she spoke at it in France last week. "The overall message [...] was that good privacy equals good business." Good data security practices are good for the bottom line in jurisdiction where data protection laws are enforced. Data breaches can be costly, she notes.

2:41 p.m. PT: The average data breach costs a business an average of $180 per customer, Harbour says. This number was reached after considering a number of factors related to the company and consumer trends. Forrester Research released a different study last year, that said a data breach can cost a company between $90 and $300 per piece of data lost. "Once companies have experienced a data breach, customers report that they are more likely to sever a relationship."

2:43 p.m. PT: "The FTC has brought, just within the last couple of years, 20 enforcement actions against companies that have failed to provide reasonable protections for sensitive customer data under their control," says Harbour. Currently there is no single data security law; rather, there are a variety of these in separate states and jurisdictions.

2:45 p.m. PT: Data protection laws enforced by the FTC include the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, and Section 5 of the FTC Act.

2:46 p.m. PT: "Today, I would like to focus on enforcement of Section 5 of the FTC Act - the primary statute used in our recent data security cases," Harbour says.

2:50 p.m. PT: Section 5 of the FTC Act is really the "meat and potatoes" of the FTC's law enforcement program. But in certain cases, the FTC's usual monetary remedies are inadequate. As a result, Congress has been attempting to include fines as an additional enforcement tool that is encouraging companies to invest wisely in their data security processes.

2:51 p.m. PT: It is important to note that companies do not need to have perfect data security systems in place; they need only be deemed "reasonable". Reasonableness is not equal to perfection.

2:53 p.m. PT : FTC is doing what they can to educate companies on the importance of privacy protection, through published literature and events in cities across the country. Harbour's advice to companies - know your customer; know the information you collect; and know where the information you're collecting travels.

2:55 p.m. PT: Safeguard Rule - "What is reasonable will depend on the size/complexity of the business; nature/scope of activities; and sensitive of the information." Even for companies that are not financial institutions (and therefore not legally required to abide by Safeguard Rule), it still provides excellent guidance.

2:56 p.m. PT: 3 bits of advice from the FTC on data protection: 1) If you make data security claims, back them up. 2) Be aware of well known and common security threats. 3) Do not retain sensitive data unnecessarily. "Regardless of legal obligations that apply to you, protecting sensitive data is simply a good business practice," Harbour says in closing.

2:58 p.m PT: Lisa Sotto from Hunton & Williams has taken the stage, and is asking how many people have - as consumers - received data security breach notifications. Almost every hand in the room went up.

3:00 p.m. PT: Since 2005, according to Sotto, there have been over 1000 information security breaches from companies like ChoicePoint, Bank of America, Lexis Nexis and other big guns. "That number is the tip of the iceberg," Sotto says.

3:05 p.m. PT: "Section 5 of the FTC Act prohibits unfair or deceptive trade practices," Sotto notes. "[Other cases] were more about unfairness, which may be a harder standard for the FTC to meet in bringing its action."

3:07 p.m. PT: Someone asks about data breaches at the university level. Sotto defers this to the next speaker.

3:08 p.m. PT: Question - "If you sell a product to a farmer who uses that product for their business, is that a loss of business data or consumer data?" FTC Commissioner Harbour comes back to the microphone and notes that it is, in fact, both.

3:10 p.m. PT: "The FTC is very serious about its data security mission," Sotto notes. "Enforcement is absolutely on the up-take: we're seeing more and more investigations, and more enforcement actions coming out of these investigations. [...] Even the very small incidents are getting the interest of state regulators."

3:11 p.m. PT: Critical question to ask when a breach occurs, according to Sotto: "Does the event trigger notification to individuals?"

3:15 p.m. PT: Sotto notes that in the case of her firm, when clients have data breaches they actively alert the FTC about this breach (rather than letting the press frame it incorrectly).

3:22 p.m. PT: "It's better not to have a breach than have one, but if you do have one, be prepared," Sotto says. Concern and focus on data security must come from the top.

3:25 p.m. PT: Sotto has just wrapped up, and Joanne McNabb is up. "This is the key question that faces anybody when they're looking at a possible breach of personal information: 'Do I have to notify?' "

3:32 p.m. PT: Senate Bill 541 in California has a breach requirement, says McNabb. She jokes that it's sometimes called the "Punish UCLA Law."

3:38 p.m. PT: McNabb's company recommends health insurance providers to provide patients with regular explanations of benefit statements, and that these companies be prepared to give individuals a new member or subscriber number if their security is breached." She quickly rushes to finish so Dave Dunn can take over.

3:42 p.m. PT: Dunn's got an exciting story: on a Friday afternoon, financial institution receives call from a hacker who says that he's stolen all their pertinent client information. Company calls a data security company that afternoon, who flies in a computer forensic expert who comes to examine the company's server. Dunn notes that there are a lot of forensic investigators out there, of varying degrees of quality.

3:45 p.m. PT: Hackers had left a slight trail of where they'd been (routed information to a server in San Diego), but they had been very good what they did. "There is no network that is inpenetrable," Dunn says.

3:47 p.m. PT: Dunn explains how they tracked hackers trail to an online financial institution's website, but when he presented the company with his information - which showed that the company's data had been breached - they refused to accept this. He plans to go back and rub it in their face when the suspect is in custody, though.

3:50 p.m. PT: Another case he explains - someone walks away with a hard drive with a significant dollar amount worth of information. Victim company called local law enforcement agency, who told them they would address the case in due time (which may have stemmed from the fact that they failed to tell the police how much the data was worth). After a few weeks, the company starts to panic and calls FBI - who ignores them - and then Secret Service.

3:51 p.m. PT: In the interim, company had notified one client (another company) that information had been stolen. The information on that drive was about company B's acquisition of company C, which created even more confusion. Ultimately, warrants were served but the drive was not recovered. Dunn believes they could have tracked it down if informed in a timely manner, but since company A feared the impact it would have on their image, they kept it under wraps longer than they should have.

3:55 p.m. PT: "Ultimately, what it comes down to is that law enforcement wants to put a stop to this," Dunn says. "We need cooperation from businesses, and we need it quickly. If you come to me 12 weeks after a breach has happened [...] the liklihood of me finding the suspect is very slim."

3:56 p.m. PT: That's it; Dunn is off the stage. Time for questions. First one: "With new laws that are coming out on encryption, how are companies going to comply with this? Do you expect us to start seeing 40 states coming up with encryption laws and requirements?" LIsa Soddo answers:"That is the question of the future."

3:57 p.m. PT: Next question, for Dave Dunn: "Is it reasonable for attorneys to assume we can send clients confidential information without encrypting it?" Dunn laughs. "If you're sending sensitive information, it should be encrypted."

And that's a wrap, folks. Thanks for reading.

Swag in Seattle: What they're giving away (part 3 of 3)

rob@lexblog.com (Rob La Gatta) — Tue, 21 Oct 2008 22:29:48 GMT

Also prominent on the exhibition hall floor is a widespread athletics theme: lawyers crowded around a virtual golf game in one corner, a pair of young women blowing up mini soccer and footballs in the other and conversations about who lost to who are heard in passing everywhere. Among the companies offering up swag to keep their consumers fit was Stored IQ.

Who they are: An Austin-based tech company specializing in information management and IT matters and offering a variety of information classification tools.

What they brought: Bright orange frisbees for the ultimate crowd.

Why they brought it: We bring them to everything," said one of the three account executives at the booth. But have they been going quickly? "Not really," said another. "They tend to go faster at other shows, to be honest. Particularly IT shows." Does this mean the IT crowd is more physically active than the legal profession? We'll have to get back to you on that one.

Swag in Seattle: What they're giving away (part 2 of 3)

rob@lexblog.com (Rob La Gatta) — Tue, 21 Oct 2008 22:28:35 GMT

A common theme among firms and companies representing themselves at the Annual Meeting this year are associating themselves with the theme of going green - biodegradable pens, reusable water bottles and other clever items have been seen all over the exhibition hall these past couple of days. Among the firms following the trend is Lindquist & Vennum.

Who they are: A 200 strong team of business attorneys, serving the country from offices in Colorado and Minnesota.

What they brought: Sturdy, reusable water bottles with a smooth finish that bear the firm's logo.

Why they brought it: "[We were looking at] because these are environmentally friendly," said a young representative at the firm's table. "And, they can be used around the office instead of plastic water bottles."

Swag in Seattle: What they're giving away (part 1 of 3)

rob@lexblog.com (Rob La Gatta) — Tue, 21 Oct 2008 22:21:20 GMT

I've been uploaded photos to the ACC's Flickr stream throughout the day of some of the interesting swag I've found here at the ACC's Annual Meeting 2008 - and boy, is there a lot of it. It seems like nearly every firm or company tabling the event brought some goodies for attendees to take away. In my first of a few updates on the most unique items I've found, I focus on Chubb Group of Insurance Companies.

Who they are: With more than 100 years in the insurance business under their belt, Chubb is a global insurance provider with more than 120 offices in 28 countries.

What they brought: Candles and hand lotion.

Why they brought it: What connection does an insurance company have to candles? "We've got this zen theme going," said Product Manager Andrea J. Wysocki (pictured, left), pointing at the very zen-like stack of rocks pictured on the wall behind her. "We wanted it to feel like if you're insured with Chubb, you can rest easy."

Preparing to blog from data security breaches panel

rob@lexblog.com (Rob La Gatta) — Tue, 21 Oct 2008 22:09:17 GMT

I'm sitting here in room 615 of the Washington State Convention Center, awaiting the start of the session, "A Global Perspective on Data Security Breaches and Enforcement." Right now I'm the only person in the room...but there's still 20 minutes to showtime. And judging by the impressive panel of speakers - FTC Commissioner Pamela Jones Harbour, Hunton & Williams Partner Lisa J. Sotto and Thomspon Reuters Assistant General Counsel for Global Privacy TJ Svensson - something tells me this room won't be empty for long.

I'm hoping to catch up with at least one of the panelists after they've presented to get their take on the event so far. Meanwhile, I'll be blogging the event as it happens. Check back at 2:30 p.m. PT, when that will be getting started.

Live LexBlog blogs from 8/12-8/22

rob@lexblog.com (Rob La Gatta) — Sat, 23 Aug 2008 18:23:38 GMT

It's been a while since we've alerted readers of our latest blog launches. No, it's not because we haven't been kicking any projects out the door...we've just overlooked these weekly updates the past couple weeks. But what better time to catch up on old business that Saturday morning?

Since our last update, we've launched 9 blogs: 8 new projects and 1 redesign, all of which we're very proud of. They were:

The Internet, Information Technology & e-Discovery Blog, a technology law blog from Texas lawyer Peter Vogel of Gardere Wynne Sewell LLP.
A promotions & advertising law blog called The Lawyers of St. George, from Utah attorney Marianne Sorensen.
The Lawyer's Guide to Collaboration Tools & Technologies, from well-known lawyers Dennis Kennedy and Tom Mighell. This legal technology blog is a companion site to the book of the same name recently published by the pair.
A climate law blog from the lawyers & attorneys at Howrey LLP, aptly titled the Global Climate Law Blog.
From Minnesota attorney Gavin Craig: the Twin Cities Business Litigation Blog, a business law blog focusing on litigation matters in the Minneapolis-St. Paul area.
The Green Building Law Update, a construction law blog from Virginia lawyer Chris Cheatham of Watt, Tieder, Hoffar & Fitzgerald, LLP.
A business law blog from California attorney Aaron Morris of Morris & Stone, dubbed Aaron Morris' Business Law Alert.
The Contingent Fee Business Litigation Blog, an intellectual property law blog from the Texas lawyers at McClanahan Myers & Espey LLP.
A redesigned - and overall updated - version of the IP Litigation Blog, an intellectual property law blog from Seattle attorney Phil Mann of the Mann Law Group.

Legal News - LexBlogosphere: 8/22/08

rob@lexblog.com (Rob La Gatta) — Sat, 23 Aug 2008 01:11:44 GMT

Before we head out and close up LexBlog's office for the weekend, it's time to debut another batch of 10 noteworthy legal blog posts from our clients. It was hard to pick our selections today: quite a lot of excellent content, which - given the fact that Fridays often see a slowdown in the number of posts published - was fairly surprising.

Industry news: Sopogy engineering contest underway - Seattle attorney Kathleen J. Doll of Stoel Rives in the firm's renewable energy law blog, Renewable + Law
With the decrease value of the U.S. dollar, are Europeans really better off? - Ryan Esler at George Matick Chevrolet in the Detroit auto dealer's Corvette Blog
PEN releases report on the Consumer Products Safety Commission and nanotechnology - Washington, D.C. lawyer Lynn Bergeson of Bergeson & Campbell in the firm's Nanotechnology Law Blog
The state shouldn't try to collect delinquent taxes from the wrong party - Dallas attorney Alan E. Sherman in his Texas State & Local Tax Law Blog
Biden gives back Scruggs money: does this mean he will be the Veep nominee? - Portland lawyer David Rossmiller of Dunn Carney in the firm's Insurance Coverage Law Blog
IRS releases final instructions for new 990 - Ohio attorney Kevin Hilvert of Schottenstein Zox & Dunn in the firm's blog, SZD Health Law Scan
Federal District Court declines supplemental jurisdiction in an employment-related dispute where the CFAA was the sole basis for federal jurisdiction - Sacramento lawyer James McNairy of Seyfarth Shaw in the firm's non-complete law blog, Trading Secrets
Trade association membership: weighing the costs vs. the benefits - Kansas attorney William Statler of Statler Legal Services in his Death Care Compliance Law Blog
Finding value: hopefully we won't need to build a new Hubble telescope - Chicago lawyer Patrick J. Lamb of Valorem Law Group at his blog, In Search of Perfect Client Service
Genentech: a company that got it right - Management consultant Cliff Mintz of BioInsights Inc. at his Bio Job Blog

Recording of today's "Introduction to Law Blogs" webinar now available

rob@lexblog.com (Rob La Gatta) — Thu, 21 Aug 2008 23:51:10 GMT

We've been getting inundated with requests throughout the day - both from attendees and those who couldn't make it - for a recording of this morning's "Introduction to Law Blogs: What Works and What Doesn't" webinar, which focused on the dos and dont's of legal blogging. That recording is now available online, and can be streamed or downloaded by clicking here.

The attendee response has been strong so far: we covered a lot of ground in our hourlong discussion and got some great questions towards the end of the event. If you have any feedback on the presentation - what worked, what didn't, what we could improve - leave a comment or drop us a line. We do webinars on a variety of topics, and the best way to gauge our audience's response is through their direct feedback.

Legal News - LexBlogosphere: 8/21/08

rob@lexblog.com (Rob La Gatta) — Thu, 21 Aug 2008 22:40:35 GMT

Today's update features a fine mix of authors. Though a good number of them are frequent guests, a few - like Seattle attorney Stacia Lay or the Delaware lawyers at Morris James - are being brought back into the fold after a lull in activity.

Copyright owners must consider fair use in connection with DMCA notices - Seattle attorney Stacia Lay of Hendricks & Lewis at her blog, IP Law Chat
Marketing department layoffs - same as lawyer layoffs? - Legal marketing expert Ed Poll in his LawBizBlog
Appeals Court sides with school's ban on confederate flag clothing - The blogging constitutionalists at the American Constitution Society in their ACS Blog
Malpractice alert: is it a settlement conference or a mediation? - Attorney-mediator Victoria Pynchon at The IP ADR Blog
Current real estate marketing requires more patience - New York real estate broker Douglas Heddings at his blog, True Gotham
Superior Court holds D&O insurer's consent was required for settlement - The blogging lawyers & attorneys at Morris James in the firm's Delaware Business Litigation Report
DUI/DWI lawyers: biggest slime balls on the face of the Earth? - Texas lawyer Jamie Spencer in his Austin DWI Lawyer Blog
E-Discovery amendments to California's Civil Discovery Act now awaiting Governor's signature - The blogging lawyers & attorneys at K & L Gates in the firm's Electronic Discovery Law Blog
Virginia firm settles Qui tam litigation for $225 million - Juliet Sallette at LaBovick & LaBovick in the firm's Whistleblower Law Blog
50 best law firms for women named by Working Mother magazine - Legal marketing expert Larry Bodine in his Law Marketing Blog

Webinar tomorrow: "Introduction to Law Blogs - What Works and What Doesn't"

rob@lexblog.com (Rob La Gatta) — Thu, 21 Aug 2008 00:16:06 GMT

As members of the Legal Blogging group at LinkedIn may already be aware, we've scheduled another webinar for tomorrow, August 21, to provide an introduction to the dos and don'ts of legal blogging. The event is scheduled for 9 a.m. PT/12 p.m. ET. The number of expected attendees continues to grow, and there are already nearly 100 people registered.

We've been getting questions from folks wondering whether the webinar was limited to just members of the Legal Blogging group. It's not; anyone can register to attend by clicking here.

Among the topics we'll discuss:

What professional marketing blogs are
Advantages of law blogs for law firms
What are the challenges in law firms use of blogs?
How law firms are using law blogs
Which law firms are using blogs?
How much time does blog publishing take?
Liability and ethical issues
Law firm blog policies
Getting law firm management buy in for blogs
Alternative blog publishing systems
Resources for blog information
What are professional marketing blogs?
Your questions

Though those individuals already publishing blogs might find this presentation too basic, people still new to blogs should find the event informative. We hope to see you there.

Legal News - LexBlogosphere: 8/20/08

rob@lexblog.com (Rob La Gatta) — Wed, 20 Aug 2008 23:22:08 GMT

Lots to report from the LexBlogosphere on this rainy Wednesday, with plenty of great content being published - in a few cases, multiple posts by the same author - fairly early in the day. The selections from today's batch of 10 include:

Second Army major guilty of bribery - New York attorney Fred Abrams in his Asset Search Blog
Are lawyers risk-averse for not working on contingent fees? - Philadelphia lawyer Maxwell Kennerly of The Beasley Firm at his blog, Litigation & Trial
Total Body Formula recall: MD, VA, DC, PA - Rick Kuykendall, blogging at the Trial Lawyer Resource Center
RAM copying - an issue of more than transitory duration - New York attorney Jeff Neuburger of Proskauer Rose in the firm's New Media & Technology Law Blog
Appeals Court strikes EPA ban on monitoring pollution - The blogging constitutionalists at the American Constitution Society in their ACS Blog
Life after Riegel: a glimpse of the possible - Los Angeles lawyer Lisa Baird of Reed Smith in the firm's Life Sciences Legal Update
Big verdicts against nursing homes - Illinois attorney Jonathan Rosenfeld of Strellis & Field in the firm's Chicago Nursing Home Lawyer Blog
When must staff counsel reveal their identity? - Boston lawyer Mike Aylward of Morrison & Mahoney at the National Insurance Law Forum
Discrimination claims can cut to the core of an organization's values - Lancaster attorney Michael Moore of McNees Wallace & Nurick in the firm's Pennsylvania Labor & Employment Blog
Passing of accounts and conflicts of interest - The blogging lawyers & attorneys at Hull & Hull in the firm's Toronto Estate Law Blog

Legal News - LexBlogosphere: 8/19/08

rob@lexblog.com (Rob La Gatta) — Wed, 20 Aug 2008 01:10:25 GMT

Our recent mini heat wave in Seattle has officially come to an end, and with it summer has seemingly already moved on as well. That would be a depressing fact for all us here at LexBlog, if we didn't have this impressive batch of legal news to review.

Can guardianship litigation preempt a will contest? - Miami attorney Juan Antunez of Stokes McMillan Maracini & Antunez in his Florida Probate & Trust Litigation Blog
Chancery refuses postponement of shareholder meeting date - Wilmington lawyer Francis G.X. Pileggi of Fox Rothschild in his Delaware Corporate and Commercial Litigation Blog
Special report: the dark underside of dog breeding in New Jersey - Management consultant Cliff Mintz of BioInsights Inc. at his Bio Job Blog
NPS installment contracts and the liquidation plan - Kansas attorney Bill Statler of Statler Legal Services in his Death Care Compliance Law Blog
Legal web: not just who you know, also what you know - Adrian Lurssen of JD Supra at the legal resource site's companion blog, JD Scoop
New California law requires additional steps for foreclosures - The blogging lawyers & attorneys at Sheppard Mullin in the firm's Financial Institution Law Blog
CA Supreme Court issues ruling in lesbian insemination case - California lawyer Theresa Erickson in her Egg Donation & Surrogacy Law Blog
The first post-Edwards case is filed, and it is a class action suit too - Chicago attorney Paul Freehling of Seyfarth Shaw in the firm's non-compete law blog, Trading Secrets
$8 million in Ohio diesel emission reduction grants awarded - Cleveland lawyer Joe Koncelik of Frantz Ward in his Ohio Environmental Law Blog
Management and operation test applies to associated-in-fact enterprises - Idaho attorney Thomas G. Walker of Coscho Humphrey in his RICO Law Blog

Legal News - LexBlogosphere: 8/18/08

rob@lexblog.com (Rob La Gatta) — Tue, 19 Aug 2008 01:49:50 GMT

Back to the work week today, with plenty of LexBlog clients churning out solid content worth highlighting. Kristie Prinz, the California attorney whose California Biotech Law Blog is always a good read, is among the lawyers coming back into the fold this afternoon after a brief absence from these LexBlogosphere updates.

Fallout continues on Roche bid for Genentech - Los Gatos attorney Kristie Prinz in her California Biotech Law Blog
Avila v. Continental Airlines: Ignorance regarding protected medical leaves is not always bliss - The blogging lawyers & attorneys at Sheppard Mullin in the firm's Labor & Employment Law Blog
Side letter: what role does the Parol Evidence Rule play in subsequent writing? - Chicago lawyer Sam Conforti in his Software Licensing & Master Service Agreements Blog
Do-it-yourself online divorce kits - buyer beware - Texas attorney J. Shannon Cavers in her Houston Divorce & Family Law Attorney Blog
The latest trend? Another free-speech victory for employees - Hartford lawyer Daniel Schwartz of Pullman & Comley in his Connecticut Employment Law Blog
Rooker-Feldman vs. Res Judicata in the Third Circuit? - Pennsylvania attorney Josh Knapp of Barley Snyder in the firm's Pennsylvania Litigation Blog
No unfair and deceptive practices claim in dispute between LLC members - Greensboro lawyer Mack Sperling of Brooks Pierce in his blog, the North Carolina Business Litigation Report
California stands firm in rejecting non-compete - Ohio attorney Kevin Griffith of Porter Wright Morris & Arthur in the firm's Employer Law Report
Do patent infringement litigants WANT an inefficient dispute resolution process? - Attorney-mediator Victoria Pynchon at The IP ADR Blog
Don't keep your corporate name a secret - Iowa lawyer Rush Nigut of Brick Gentry at his blog, Rush on Business

Legal News - LexBlogosphere: 8/15/08

rob@lexblog.com (Rob La Gatta) — Fri, 15 Aug 2008 23:18:35 GMT

It's Friday again...we're almost at the end of August, and the weeks continue to slip away. Today we found ourselves with a surprising amount of content being published by our lawyers, the highlights of which are showcased below. Have a great weekend folks.

Zach Scruggs' sentence begins August 25 - Portland attorney David Rossmiller of Dunn Carney in the firm's Insurance Coverage Law Blog
The one piece of advice you need to get the fees you deserve - EDGE International's Gerry Riskin at his blog, Amazing Firms, Amazing Practices
Can General Counsel can litigation costs? - Philadelphia lawyer Maxwell Kennerly of The Beasley Firm at his blog, Litigation & Trial
Issues to consider in select EPLI: is it right for your company - Hartford attorney Daniel Schwartz of Pullman & Comley in his Connecticut Employment Law Blog
Wife may use instant message evidence found on computer in divorce case - Holbrook lawyer David Gabay in his New York Divorce Law Blog
Halverson saga drags on with fewer charges - Las Vegas attorney Tami Cowden of Kummer Kaempfer at her blog, Appealing in Nevada
EFCA: the big misnomer - New Jersey lawyer Brian Caufield of Fox Rothschild in the firm's Employee Free Choice Act Blog
First DCA adopts new procedures for WC appeals - Orange Park attorney David A. McCranie in his Florida Workers' Compensation Law Blog
The last word - Texas lawyer Jeff Rambin in his Tyler Appeals Blog
Report documents problems with nursing home oversight - Illinois attorney Jonathan Rosenfeld of Strellis & Field in the firm's Chicago Nursing Home Lawyer Blog

Recording of today's social networking webinar available online

rob@lexblog.com (Rob La Gatta) — Fri, 15 Aug 2008 01:13:02 GMT

Today was LexBlog's encore presentation of our "Reaching Beyond Your Blog: Using Social Networking Sites and Twitter" webinar, which was so well received at the end of July that we decided to follow it with a slightly updated version this morning. The 50+ attendees seemed interested in the subject matter, asking some strong questions that indicated their interests had been piqued by social networking tools.

A recording of the event can be found at LexBlog's support page, and you can download a copy of just the PowerPoint presentation here.

Legal News - LexBlogosphere: 8/14/08

rob@lexblog.com (Rob La Gatta) — Thu, 14 Aug 2008 23:59:02 GMT

Some interesting discussions taking place in our corner of the legal blogosphere today, where everything from the infestation of swimming pools to the next edition of Blawg Review are fair game. Among today's highlights:

How many hotel/motel swimming pools are Cryto breeding grounds? - The blogging lawyers & attorneys at Marler Clark in the firm's Cryptosporidium Blog
ADA Amendments Act working its way through Congress - Texas attorney Christopher McKinney in his HR Lawyer's Blog
Medicare IPPS final rule - Virginia lawyer Debra A. McCurdy of Reed Smith in the firm's Health Industry Washington Watch Blog
More efficient oversight of insider trading - Ohio attorney Jack J. Gravelle of Porter Wright Morris & Arthur in the firm's Federal Securities Law Blog
The trouble with Thottam: mediation confidentiality at risk - Attorney-mediator Victoria Pynchon at her Settle It Now Negotiation Blog
Blawg Review is on the way - Illinois lawyer R. David Donoghue of DLA Piper in his Chicago IP Litigation Blog
Status of the blogosphere among the Delaware bench and bar - Wilmington attorney Francis G.X. Pileggi of Fox Rothschild in his Delaware Corporate and Commercial Litigation Blog
Task force: "The system is broken, and can't be fixed" - Spartanburg lawyer Ray Mullman of Poliakoff & Associates in the firm's South Carolina Nursing Home Blog
When football and food safety collide - Ben Chapman of the International Food Safety Network in their BarfBlog
Seek client feedback for the right reasons - Legal marketing expert Tom Kane at his Legal Marketing Blog

Legal News - LexBlogosphere: 8/13/08

rob@lexblog.com (Rob La Gatta) — Thu, 14 Aug 2008 00:10:49 GMT

Though a lot of people may take off in August, a quick glance at the state of the LexBlogosphere today would seem to disagree: the content continues to flow in abundance, which leads us to believe that even if our clients are out of town, they've brought their computers with them.

Patent lawsuit filings down in July 2008 - Washington, D.C. attorney Brian Wm. Higgins of Blank Rome in his Maryland Intellectual Property Law Blog
Plaintiffs stand to gain more from settling? New study suggests so - Los Angeles lawyer Anthony Zaller of Van Vleck Turner & Zaller in the firm's California Workforce Resource Blog
Blattmachr on reducing estate and trust litigation - Lancaster attorney Patti Spencer in her Pennsylvania Fiduciary Litigation Blog
Learning from a sex discrimination suit - part II - New York lawyer Angelo Tartaro of Rogers & Tartaro in the firm's Business Litigation Blog
Un-parking those death care trusts: diversification - Kansas attorney Bill Statler of Statler Legal Services in his Death Care Compliance Law Blog
Subprime litigation: something old, something new? - Ohio lawyer Kevin LaCroix of OakBridge Insurance Services at his blog, The D & O Diary
New York, other states, move forward with metering programs - San Francisco journalist Dennis Pfaff at Thelen's Climate Law Update
Production of ESI in paper format does not comply with rule 34 option to produce ESI in reasonably usable form; court orders re-production of certain ESI in native format - The blogging lawyers & attorneys at K & L Gates in the firm's Electronic Discovery Law Blog
A res ipsa case to remember - Tennessee attorney John Day of Day & Blair at his blog, Day on Torts
Seeking Appellate Advocate authors - Austin lawyer D. Todd Smith in his Texas Appellate Law Blog

Also worth noting: Hartford attorney Daniel Schwartz of Pullman & Comley, author of the Connecticut Employment Law Blog, is the latest LexBlog client to have his work featured at the Wall Street Journal's website: yesterday, Dan's post on the Justice Department hiring scandal was featured at the publication's Stories From Around The Web section.

Legal News - LexBlogosphere: 8/12/08

rob@lexblog.com (Rob La Gatta) — Wed, 13 Aug 2008 01:46:10 GMT

Happy Tuesday, folks. Some interesting topics being discussed in the LexBlogosphere today: from privacy concerns over Google's Street View service to copyright implications of fantasy baseball, it's a good day for legal news.

"Boring" couple wants to stay that way - Washington, D.C. attorney Timothy P. Tobin of Proskauer Rose in the firm's Privacy Law Blog
An asset search with letters rogatory - New York lawyer Fred Abrams in his Asset Search Blog
Fantasy baseball, publicity rights and the First Amendment - Katherine Hendricks, partner and Hendricks & Lewis, guest blogging at Stacia Lay's IP Law Chat
Interview 101: sizing up the interviewer - Management consultant Cliff Mintz of BioInsights Inc. in his Bio Job Blog
Energy Department pushes "zero-net energy" buildings - San Francisco journalist Dennis Pfaff of Thelen in the firm's Climate Law Update
Alaska Supreme Court declares sex offender registration law unconstitutional - Florida attorney Ron Chapman in his West Palm Beach Criminal Lawyer Blog
Overhaul to Endangered Species Act detracts from the global warming debate - Cleveland lawyer Joe Koncelik of Frantz Ward in his Ohio Environmental Law Blog
Inability to engage in sex is a protected disability? - The blogging lawyers & attorneys at Carlton DiSante & Freudenberger in the firm's California Labor & Employment Law Blog
Unicorn settlements and the empirical data on settlements - Philadelphia attorney Maxwell Kennerly of The Beasley Firm in his blog, Litigation & Trial
January 1, 2009 is tip-off time for new 403(b) regulations, but switch to 401(k) option - Retirement expert Jerry Kalish of National Benefit Services, Inc. in his Retirement Plan Blog

Legal News - LexBlogosphere: 8/11/08

rob@lexblog.com (Rob La Gatta) — Tue, 12 Aug 2008 01:58:39 GMT

Hope everyone enjoyed the weekend and is ready to get back into the professional swing of things. It's later in the day than usual, but we've got 10 more posts of great content to help ring in the new week. Among the highlights:

When does distribution of a copy occur on the Internet? - University of Houston Law Center professor Raymond Nimmer in his Contemporary Intellectual Property, Licensing & Information Law Blog
Pay attention: what 401(k) fee cases really mean - New York attorney Keith R. McMurdy of Fox Rothschild in the firm's Employee Benefits Legal Blog
Suspected FMLA fraud results in termination - Ohio lawyer Jeff Weber of Porter Wright Morris & Arthur in the firm's Employer Law Report
Checklist: preparing for the master service agreement - Chicago attorney Sam Conforti in his Software Licensing & Master Service Agreements Blog
N.H. Supreme Court holds nonbiological parent may seek parental rights and responsibilities - Manchester lawyer Kysa Crusco in her New Hampshire Family Law Blog
California paid sick leave bill dies in committee - Portland attorney Dennis Westlind of Stoel Rives in the firm's World of Work Blog
Department of Health issues guidance for employer compliance with the Pennsylvania Clean Indoor Air Act - Lancaster lawyer Michael Moore of McNees Wallace & Nurick in the firm's Pennsylvania Labor & Employment Blog
Delaware passes new pet trust legislation - Florida attorney Danny Meek in his Pet Trust Law Blog
Designation of property as being necessary for redevelopment - Lawrenceville lawyer Vincent J. Mangini of Stark & Stark in the firm's New Jersey Law Blog
Blawg Review #172 a winner in my book - Iowa attorney Rush Nigut of Brick Gentry at his blog, Rush on Business