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michaeldowney

  1. ABA program is live -- we are doing introductions before we sink into ethical issues of Web 2.0
  2. Warming up for ABA LPM telephone seminar on ethics and web marketing 7/16 at 12 noon CT: see http://www.abanet.org/cle/programs/t09eio1.html
  3. Spyware -- spreader makes $146K in 10 days. Spyware spread through Twitter hotlinks. Say it ain't so? USA Today says it is: 6-10-09 page 2B
  4. "Twittering is great writing -- it's the haiku form of blogging." USA Today 6-10-09 page 2D. Oh if only true.
  5. What to cover with in-house counsel at entertainment company? Negotiation ethics, extrajudicial communications, anti-contact rule.
  6. New blog post: Hinshaw Lawyers for the Profession® Alert: Ninth Circuit Declines to Follow California Definition of Unauthorized Practic ...
  7. New blog post: Hinshaw Lawyers for the Profession Briefing: ABA Discusses Ethical Issues Related to Law Firm In-House Counsel http://tin ...
  8. LMRM Conflict check for potential lateral joining firm? Perhaps screened lawyer at new firm can review conflicts preserving confidences.
  9. LMRM Law firm insurance policy cover online activities? Stored client data or property? Sometimes specific coverage is appropriate.
  10. LMRM Two legal mal plaintiffs' counsel say they research defendant lawyer on social networks. Do we research our and opposing parties?
  11. LMRM Does the firm leave former matters open? Could this help a client-plaintiff claim that a legal mal statute of limitations hasn't run?
  12. LMRM Disconnect between cost of legal services and value clients receive? Corp clients think yes. More at "ACC Value Challenge" www.acc.com
  13. LMRM Does your engagement letter allow firm to keep privilege when talking with its GC/outside counsel about possible client-related claims?
  14. LMRM Law firm merger? Check impact of new practices on insur premiums; think before assuming risk for acts done before your control.
  15. LMRM Most important message from risk management counsel: "Tell me about issues or potential issues right away. We're in this together."
  16. LMRM: FDCPA claim against lawyer may be defensible on bona fide error defense for bona fide mistake of law. Pescatrice (SD FL 2008)
  17. LMRM: Private settlement of claim? Probably still tell insurer: disclosure sought on renewal, may face future liability. Blum (DNJ 2008)
  18. LMRM: Response to "What advice would reasonable lawyer give on X facts?" more likely admissible than "What is relevant law?".
  19. LMRM: Leg mal claims re patent, trademark, copyright only in fed ct? Substantive issue, likely yes. Fact or evidentiary, no -- FedCir 2008
  20. LMRM: Client bankrupt? Fee claim may subject firm to bkrptcy ct jurisdiction. Invasive examiner report advocacy but thought unbiased.