In the news: "Listen up. Federal courts are starting to send a clear message to litigants on how to handle the preservation and production of "outlier" ESI found on cell phones and PDAs, voice mail systems, instant messaging systems, chat rooms, and websites, says Farrah Pepper, of counsel at Gibson Dunn."
Source: Law.Com's Daily Legal Newswire. 27 January 2010. Copyright 2009. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
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New Report Provides a History of the Child Pornography Guidelines
Posted by Sabrina I. Pacifici: "The U.S. Sentencing Commission has issued a report, The History of Child Pornography Guidelines, as a first step in its review of the punishment prescribed for the sexual exploitation of children...The Commission has sought to implement congressional intent in the area of child pornography offenses in a manner consistent with the SRA and subsequent legislation. As discussed in this paper, in amending the child pornography guidelines over the years, the Commission has reviewed sentencing data, considered public comment on proposed amendments, conducted public hearings on proposed amendments, studied relevant literature, and considered pertinent legislative history."
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Source: beSpacific, 8 November 2009
2009 Business Social Media Benchmarking Study
Posted by Sabrina I. Pacifici: "2009 Business Social Media Benchmarking Study 'was designed to assess current trends in the use of social media in North American businesses. Based on 2,948 valid responses to our online Business Social Media Benchmarking Survey during August and early September, 2009, the results provide a very useful benchmark for where businesses, and business people, are finding value in social media across different activities and sites. The study was focused on social media utilization - how people and companies are using social media in a work context today - and not on adoption. All study participants currently used social media in their day-to-day jobs as a resource for business-relevant information and/or worked for a company currently managing, developing or planning social media initiatives.'"
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Source: beSpacific, 8 November 2009
Tort Bench and Jury Trials in State Courts, 2005
Posted by Sabrina I. Pacifici: "Tort Bench and Jury Trials in State Courts, 2005: 'Discusses tort cases concluded by a bench or jury trial in a national sample of jurisdictions in 2005. Topics include the types of tort cases that proceed to trial, the differences between tort cases adjudicated by judges and juries, and the types of plaintiffs and defendants represented in tort trials. The report also covers plaintiff win rates, punitive damages, and the final award amounts generated in tort trial litigation. Lastly, trends are examined in tort trial litigation in the nation's 75 most populous counties, based on comparable data in 1996, 2001, and 2005.'"
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Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 8 November 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
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Source: Law Librarian Blog, 2 November 2009
Posted by Chuck Kallendorf: "Ohio Supreme Court Chief Justice Thomas J. Moyer announced the creation of a 15-member advisory board charged with advancing the goals of
"From the inception of
The model for specialized docket was developed in 1989 with the establishment of the nation's first drug court in
Since then,
Additional information on
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From the site: "2008-2391. State v. Futrall, Slip Opinion No. 2009-Ohio-5590.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-5590.pdf
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The Supreme Court of Ohio ruled unanimously today that when an applicant with multiple convictions under one case number moves to seal his or her criminal record in that case pursuant to R.C. 2953.32, and one of those convictions is exempt from sealing pursuant to R.C. 2953.36, the trial court may not seal the remaining convictions..."
The full text of this post is available at the source site listed below
Source: The Supreme Court of Ohio & The Judicial System, 29 October 2009
From the site: "Sisk & Assoc., Inc. v. Commt. to Elect Timothy Grendell, Slip Opinion No. 2009-Ohio-5591.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-5591.pdf
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The Supreme Court of Ohio ruled today that when a plaintiff in a civil suit has previously dismissed its complaint against a defendant voluntarily and then refiled it, and the plaintiff subsequently files an instruction directing the clerk of courts to serve the refiled complaint on the defendant more than one year after the date of refiling, the instruction by operation of law is a second "notice dismissal" that results in dismissal of the plaintiff's claims with prejudice..."
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Source: The Supreme Court of Ohio & The Judicial System, 29 October 2009
Posted by Robert J. Ambrogi: "Update: Orin Kerr says he misread the opinion. Read his correction here.
The Fourth Amendment's protection against unreasonable searches and seizures does not apply to e-mail, a federal judge has ruled. The judge's reasoning would seem to sound a warning bell for anyone -- lawyers in particular -- not only who use Web-based e-mail accounts, but also who store documents of any kind online in "the cloud."
Orin Kerr, professor at George Washington University Law School, highlights the ruling and quotes from it at The Volokh Conspiracy, even though he says he disagrees with it.
The ruling from U.S. District Judge Michael W. Mosman in
The Fourth Amendment, Mosman writes, creates a "strong privacy protection for homes and the items within them in the physical world." But e-mail, he says, resides outside a person's home..."
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Source: Legal Blog Watch, 29 October 2009
Posted by Chuck Kallendorf: "The Indiana Supreme Court addressed a "novel question" last Thursday in ruling that prosecutors properly introduced electronic evidence from an accused murderer's MySpace page. ( Case )
The defendant had contended that the trial court abused its discretary authority when it admitted evidence of his MySpace postings, claiming it was inadmissible character evidence, citing Indiana Rule of Evidence 404(b). The Court, however, concluded the admission was proper, because "evidence is excluded under Rule 404(b) when it is introduced to prove the 'forbidden inference' of demonstrating the defendant's propensity to commit the charged crime," [ Camm v. State, 908 N.E.2d 215 (
Law enforcement authorities in recent years have increasingly used social networking sites and Internet service providers to introduce evidence in more common cases, such as assault, battery and murder, Marc Zwillinger, head of the Internet, Communications and Data Protection Group at Sonnenschein Nath & Rosenthal, said in a Law.com article this morning..."
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The Supreme Court of Ohio today upheld as constitutional a state law that imposes 10 additional days of mandatory jail time on a driver with a prior DUI conviction if that person refuses to take a chemical test after being arrested for a subsequent DUI violation. The Court's 4-3 majority decision, authored by Justice Judith
Source: Supreme Court of
In the news: "The best way to meet the problem of electronic devices like BlackBerrys in court, according to attorney Katherine A. Helm, is one a few courts have adopted: Allow preauthorized counsel to bring in devices and make all other attendees (jurors, witnesses) check them in the lobby."
Source: Law.Com's Daily Legal Newswire. 1 August 2009. Copyright 2008. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
