Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/10/special-masters-in-e-discovery/
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Friday, November 29, 2013
Special Masters in E-Discovery
In this October edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, join returning guest, attorney Craig Ball, to talk about special masters in e-discovery. Craig describes how an ESI special master gets involved in a case, what a special master does to fix broken discovery efforts and how to select an ESI special master.
Happy Friday
Here's a photo of my niece Lila eating a nectarine:
Don't you love her ears? (The one on the left is a little big.) (My sister doesn't like to talk about it.)
Source: http://www.prettyinthecity.com/blog/2011/7/29/happy-friday.html
Camilla Belle Carla Campbell Carla Gugino Carmen Electra Carol Grow
Fire Alarm During Law School Exam Poses Test for Dean
A fire alarm that rang out during a high-stakes exam posed an interesting test for the dean of one of the world's most prestigious law schools.
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Thursday, November 28, 2013
Justin Bieber: Gold Coast Mayor Not Pleased with Singer's Grafitti
Making his mark in the land down under in a bad way, Justin Bieber was once again caught red handed spray painting a wall of the Gold Coast’s QT Hotel on Tuesday (November 25).
Not only was the "Boyfriend" hitmaker videotaped during the event, he also took to his Instagram account and posted a few snapshots of his artwork.
Although it was reported that the manager approved the graffiti, the mayor of Gold Coast Tom Tate was not impressed and ordered the hotel to remove it immediately.
“The last thing we want is to have graffiti glorified and more young people thinking it’s a cool thing to do,” Mr. Tate explained.
After his statement, the politician took to his Twitter account and directly tweeted to Justin about the situation, writing, "@justinbieber Glad you had a great time on Australia's #goldcoast. Hope to see you back soon to clean up your mess. Make me a #belieber.”
Ana Hickmann Ana Ivanovi Ana Paula Lemes Ananda Lewis Angela Marcello
Watch: Jamie Lynn Spears Releases A Music Video For Her New Country Single ‘How Could I Want More’
On Monday, Britney Spears‘s little sister Jamie Lynn Spears surprised us all by dropping a new Country song on us titled How Could I Want More. Altho I do not consider myself a Country music fan, I had to admit that I was impressed with the song at first listen. A day later, JL went [...]
Emmy Rossum Erica Leerhsen Erika Christensen Estella Warren Esther Cañadas
Calif. Prison Teaches Convicts How to Code
The technology sector is teaching convicts in California new skills.
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Third Circuit Joins With the Seventh, Ninth and Eleventh Circuits in Holding That Plaintiffs Asserting 1933 Act Claims Need Not Plead Compliance With the Statute of Limitations, Splitting With the First, Eighth and Tenth Circuits
In Pension Trust Fund for Operating Engineers v. Mortgage Asset Securitization Transactions, Inc., No. 12-3454, 2013 WL 5184064 (3d Cir. Sept. 17, 2013), the United States Court of Appeals for the Third Circuit joined the Seventh, Ninth and Eleventh Circuits, holding that Section 13 of the Securities Act of 1933 (“1933 Act”), 15 U.S.C. § 77m, does not require plaintiffs asserting a claim under the 1933 Act to plead with particularity compliance with the statute of limitations. In doing so, the Third Circuit split from the First, Eighth and Tenth Circuits, potentially triggering review by the United States Supreme Court.
Plaintiffs, purchasers of mortgage-backed securities, sued UBS AG and several of its subsidiaries (collectively, “UBS”) for alleged misrepresentations in the securities’ offering documents and registration statements. As of September 18, 2007, when plaintiffs purchased the securities, both Moody’s Investors Service, Inc. (“Moody’s”) and Standard & Poor’s (“S&P”) had rated the securities AAA. However, being comprised entirely of loans originated by Countrywide Home Loans, Inc. (“Countrywide”) and Indymac Bank, F.S.B. (“Indymac”), the securities rapidly lost value, and were subsequently downgraded — to B2 by Moody’s on February 20, 2009, and to B by S&P on August 13, 2009. Between late 2007 through 2009, as the financial crisis began to unfold, many news articles also highlighted the alarming default rate for Countrywide and Indymac loans.
Plaintiffs filed their original complaint on February 22, 2010, asserting claims under Sections 11, 12(a)(2) and 15 of the 1933 Act, 15 U.S.C. §§ 77k, 77l(a)(2) and 77o. Plaintiffs subsequently filed an amended complaint, which the United States District Court for the District of New Jersey dismissed without prejudice, ordering plaintiffs to plead with particularity in a further amended complaint that their claims were timely under the applicable statute of limitations set out in Section 13 of the 1933 Act. Defendants moved to dismiss the second amended complaint (the “SAC”) on the basis that the 1933 Act claims were untimely. The district court agreed, applying an inquiry notice standard to determine that the plaintiffs’ claims were untimely, and dismissed the SAC with prejudice. Plaintiffs appealed.
The Third Circuit first took issue with the district court’s ruling that plaintiffs must plead compliance with Section 13. Section 13 requires 1933 Act claims to be brought “within one year after the discovery of the untrue statement or the omission, or after such discovery should have been made by the exercise of reasonable diligence.” 15 U.S.C. § 77m. The Third Circuit rejected the reasoning adopted by the First, Eighth and Tenth Circuits that plaintiffs asserting 1933 Act claims must affirmative plead in the complaint compliance with Section 13 because “when the very statute which creates the cause of action also contains a limitation period, the statute of limitations not only bars the remedy but also destroys the liability.” Cook v. Avien, Inc., 573 F.2d 685 (1st Cir. 1978). Instead, the Third Circuit joined with the Seventh, Ninth and Eleventh Circuits, holding that “requiring a plaintiff to plead compliance with a statute of limitations would effectively ensure that a timeliness issue would always appear on the face of a complaint, thereby shifting the burden to the plaintiff to negate the applicability of the affirmative defense.”
The Third Circuit next considered the district court’s application of the inquiry notice standard to determine when the plaintiffs’ limitations period began to accrue. Under the inquiry notice standard, statutes of limitations start to run when a plaintiff “would have discovered general facts about the fraudulent scheme by the defendant rather than specific facts about the fraud perpetrated on her.” The Court held that the district court failed to apply the discovery standard announced by Supreme Court in Merck & Co. v. Reynolds, 130 S. Ct. 1784 (2010). In Merck, the Supreme Court held that a claim under Section 10(b) of the Securities Exchange Act of 1934 (“1934 Act”), 15 U.S.C. § 78j(b), accrued “(1) when the plaintiff did in fact discover, or (2) when a reasonably diligent plaintiff would have discovered, ‘the facts constituting the violation’ — whichever comes first.” Id. at 1789-90, 1793. The Third Circuit held that Merck, though it dealt with claims under the 1934 Act, was still applicable to the instant 1933 Act claims, because “both statutes incorporate the word ‘discovery,’ which the Merck Court identified as a term of art representing the discovery rule.” The Third Circuit went on to adopt the Second Circuit’s reasoning in City of Pontiac General Employees’ Retirement System v. MBIA, Inc., 637 F.3d 169, 174-75 (2d Cir. 2011) [blog article here], holding that “a fact is not deemed ‘discovered’ until a reasonably diligent plaintiff would have sufficient information about that fact to adequately plead it in a complaint . . . with sufficient detail and particularity to survive a 12(b)(6) motion to dismiss.” Id.
Despite holding for plaintiffs on both the pleading requirements and applicable standard for measuring timeliness, the Third Circuit ultimately upheld the district court’s dismissal of the SAC. Plaintiffs argued that a reasonably diligent plaintiff would not have discovered the misrepresentations regarding the securities until the rating downgrade by Moody’s on February 20, 2009. The Court disagreed, noting that on September 9, 2008, a class of plaintiffs that included the lead plaintiffs in the instant action had “filed an amended class action complaint in the California Superior Court against both Countrywide and UBS Securities, asserting claims under Sections 11, 12(a)(2), and 15 of the [1933] Act that were substantially similar to those in this case.” Given that plaintiffs had been aware of serious issues involving mortgage backed securities sold by UBS and comprised of loans originated by Countrywide and Indymac in September 2008; and that a subsequent investigation that would lead to the discovery that plaintiffs may have viable claims would take no more than two months, plaintiffs were precluded from bringing the instant action any later than November 2009.
Pension Trust has not only placed the burden of testing whether 1933 Act claims are timebarred squarely on defendants, but also has eased the standard for measuring the limitations period in plaintiffs’ favor. Furthermore, there is a clear spilt between the Circuits regarding the issue of pleading timeliness of 1933 Act claims, potentially triggering review by the Supreme Court in the future.
For further information, please contact John Stigi at (310) 228-3717 or Sarah Aberg at (212) 634-3091.
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Alessandra Ambrosio Returns Home for Thanksgiving
On her way home from a modelling assignment in Paris, Alessandra Ambrosio darted through LAX Airport Wednesday (November 26) on her way home to her kids and fiancé, Jamie Mazur.
Sexy in black, the Victoria's Secret superstar wore a tight sweater and a pair of skinnes, accented by black leather high boots and a matching purse.
Alessandra tweeted about her experiences abroad, writing, "Paris is always a good idea! #parismonamour #jetaime #france #work."
The 32-year-old beauty also posted a picture of her gorgeous children, Anja and Noah, giving each other a loving hug. The snapshot was simply entitled, "Back home."
Massachusetts' 3 Strikes Law
Chris Dearborn, Associate Clinical Professor of Law at Suffolk University Law School, discusses the Massachusetts 3 Strikes Law. Learn more about our nationally ranked clinical programs at http://law.suffolk.edu/academic/clinical/.
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/08/massachusetts-3-strikes-law/
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Jonathan Groff Is A Looker In New Trailer For HBO's Looking! Watch It HERE!
Jonathan Groff is on the prowl for love? We hope he finds us!
We reported earlier on how awesome the first trailer for HBO's Looking was. Now, the show has just released a new trailer that has, just like us after watching it, grown to a full-length size!
The show tries to accurately capture the gay dating scene in San Francisco, and we kind of hope the series will be the gay male version of Girls!
Ch-ch-check out the new trailer (above)!!!
Source: http://perezhilton.com/2013-11-28-jonathan-groff-new-trailer-looking-hbo
Brittany Daniel Brittany Lee Brittany Murphy Brittany Snow Brittny Gastineau
EEOC can use Teamsters-style pattern-or-practice theory under Title VII § 706
Serrano sued in a class action claiming sex discrimination and the EEOC intervened. The trial court ruled for the employer on a number of issues; the 6th Circuit reversed. Serrano and EEOC v. Cintas Corp (6th Cir 11/09/2012).
The main issue was whether EEOC could pursue a pattern-or-practice style claim pursuant to § 706 of Title VII.
The employer argued that under § 706 the EEOC is limited to proving its allegations of discrimination pursuant to the McDonnell Douglas Corp v. Green, 411 US 792 (1973), burden-shifting framework, and cannot use the pattern-or-practice framework announced by the Supreme Court in Teamsters v. United States, 431 US 324 (1977). The court rejected that argument. Even though the Teamsters case arose under § 707, the theory of that case can be used under § 706.
The trial court erred in holding that the employer was entitled to judgment on the pleadings in light of the EEOC's failure to plead its intent to rely on the Teamsters framework. Although the EEOC's complaint "is not a model of good lawyering," a plaintiff need not indicate at the pleading stage which circumstantial evidentiary framework it plans to use.
Source: http://www.lawmemo.com/blog/2012/11/eeoc_can_use_te.html
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Paralegal Proofreading Tips
In this episode of The Paralegal Voice, Paralegal Mentor Vicki Voisin chats with Kathy Sieckman about the importance of proofreading and specific proofreading tips for paralegals.
Kathy Albrecht Sieckman, PLS, PP, ACP developed an interest in proofreading when she sat for a certification exam. Since then she has become known by her family and her co-workers as the go-to person when they have grammar questions. She has worked as a paralegal and a secretary for more than 30 years, where she can apply her extra curricular interest in grammar – You’ll find tips on her blog: www.proofthatblog.com. She is also the marketing director for NALS.
Learn from the experts: Voisin and Sieckman discuss why proofreading is difficult, which proofreading tools you can rely on and those that are unreliable, approaches to proofreading on your own, and common proofreading errors paralegals should avoid.
A special thanks to our sponsor, NALA.
Kathy Albrecht Sieckman, PLS, PP, ACP developed an interest in proofreading when she sat for a certification exam. Since then she has become known by her family and her co-workers as the go-to person when they have grammar questions. She has worked as a paralegal and a secretary for more than 30 years, where she can apply her extra curricular interest in grammar – You’ll find tips on her blog: www.proofthatblog.com. She is also the marketing director for NALS.
Learn from the experts: Voisin and Sieckman discuss why proofreading is difficult, which proofreading tools you can rely on and those that are unreliable, approaches to proofreading on your own, and common proofreading errors paralegals should avoid.
A special thanks to our sponsor, NALA.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/08/paralegal-proofreading-tips/
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What Should Solos Be Charging?
Are you confused about what to charge your clients? New Solo host and solo practitioner, Attorney Kyle R. Guelcher talks to Attorney Jeremy Byellin, from Byellin Law, PLLC, about how a solo can determine how much to charge, the Laffey Matrix, the pros and cons of charging flat rates to clients and offers advice on how to communicate fees during the initial client meeting.
Source: http://legaltalknetwork.com/podcasts/new-solo/2012/07/what-should-solos-be-charging/
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So Taylor Swift & Prince William Joined Bon Jovi On Stage the Other Night...
So Prince William is a Bon Jovi fan. Who knew?!
Keeping up with the cloud: software, social media, and more.
What started as a way to backup our hard drives is moving to how we access, what feels like, everything on our computers. On this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell will discuss the new trend of software by subscription. Instead of paying for an updated version of a new software product, companies are offering a monthly subscription which will immediately grant users access to the newest version via the cloud. Adobe and Microsoft are just two of the recent examples of vendors switching to this model. With so many lawyers and law firms using old versions of standard software, how will they react to this new system?
The second portion of the show will cover the new service Google Takeout, which provides an easy way to extract your data from online-Google apps like Google Reader, Google Circles, and more. Whether you know it or not, seems like everything is stored online nowadays. Tune in to The Kennedy Mighell Report to keep up with Internet technology and the cloud.
Special thanks to our sponsor, Transporter.
The second portion of the show will cover the new service Google Takeout, which provides an easy way to extract your data from online-Google apps like Google Reader, Google Circles, and more. Whether you know it or not, seems like everything is stored online nowadays. Tune in to The Kennedy Mighell Report to keep up with Internet technology and the cloud.
Special thanks to our sponsor, Transporter.
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Keith Urban Chopped Off His Long Hair: Love or Hate It?
Copyright - Stupid Celebrities Gossip 2013. If you see this content on any other website, it has been stolen. Please report.
Source: http://stupidcelebrities.net/2013/11/keith-urban-chopped-off-his-long-hair-love-or-hate-it/
Christina Applegate Christina DaRe Christina Milian Christina Ricci Chyler Leigh
Paralegal Career 101: Dealing with Work-Related Stress
On this September edition of The Paralegal Voice, co-hosts Lynne DeVenny and Vicki Voisin explore the different kinds of work-related stressors many paralegals face on a day-to-day basis. They talk about the realities associated with an exciting but deadline-driven, detail-oriented paralegal job, and offer tips for both anticipating and resolving common stressors.
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