Blog mentions following Brinker coverage

/

The Brinker developments are receiving attention outside of California, and this blog has been a fortunate beneficiary of that news coverage:

  • The Wall Street Journal directed readers to this blog for more information about developments in Brinker.
  • In the weekly review of class action blog posts, ClassActionBlawg noted that this blog and Wage Law broke the news on Brinker.  By the way, I have long listed ClassActionBlawg as a site worth visiting and suggested that readers freqently persue that site for interesting news from the world of class actions.  For the casual reader that might not have browsed the blog links here, and for new readers, I direct your attention to the Class Action Blogosphere Weekly Review on ClassActionBlawg.com.  Because the site draws from around the country, it is almost a sure bet that you will find something of interest in the weekly roundups.  And my compliments to ClassActionBlawg for the makeover; the site looks good. 
Read More

More on Brinker under review

/

Wage Law also notes that the Supreme Court has GRANTED the Petition for Review in Brinker Restaurant Corporation, et al. v. Superior Court (Hohnbaum).  But Wage Law then asks a very intriguing question:  Will the DLSE update its enforcement manual that was revised immediately to reflect the decision in Brinker?  Wage Law guesses that the current administration will do nothing unless forced to do so by a Court decision.  My initial post on that enforcement decision can be found here.  Perhaps the California Labor Federal Federation will have something to say on a further update to the manual, after their strongly-worded criticism of the initial update.

Read More

e-DISCOVERY: New e-discovery blog offers resources for e-discovery professionals

/

I've just learned about a relatively new e-discovery blog, called ... wait for it ... ElectronicDiscovery.  David Jordan, the site creator, has this to say about this online resource:

“Welcome to Electronic Discovery. This e-discovery website is meant to provide free e-discovery resources to people seeking information about ESI (electronically stored information), computer-based evidence, e-discovery technology news, changes in e-discovery law, and more.Electronic Discovery is a little site I put together to keep track of my own ESI knowledge and possibly help visitors (mostly attorneys or corporate counsel) who want to learn E-Discovery 101.

ElectronicDiscovery has already helped me by pointing out a bit of e-discovery news that somehow slipped my attention last week.  I'll add this one to the e-discovery blogroll for ease of reference.

Read More

"Google Sued for Selling Ads on Parked Domains"

/

According to InformationWeek, and verified by Kimberly Kralowec, a class-action lawsuit was filed against Google in a U.S. District Court (N.D.Cal., San Jose, California), for the alleged sale of "low quality" ads on parked domains and error pages.  (Thomas Claburn, Google Sued For Selling Ads On Parked Pages (July 15, 2008) www.informationweek.com.)  The plaintiff is represented by attorneys from the San Francisco-based law firm of Schubert Jonckheer Kolbe & Kralowec.  One of the plaintiff's attorneys, Kimberly Kralowec, is the author of the established and widely-read blog, The UCL Practitioner.  Ms. Kralowec was quoted throughout the InformationWeek article:

“In seeking class certification for the lawsuit, Levitte's attorneys hope to represent other aggrieved Google advertisers. "We believe it's a problem that affects all [Google's] advertisers equally," said Kimberly Kralowec, partner at the law firm representing Levitte.

The matter is assigned to Judge Ware, who has some experience with the seedy underbelly of Internet-related litigation.  Specifically, I refer to the sprawling sex.com domain ownership litigation that Judge Ware still has the pleasure of handling to this day.  I actually had some limited part in that case, successfully dismissing an ancillary complaint associated with that litigation, as the case stretched out like an octopus in an effort to find sources for damages; the central defendant absented himself from the jurisdiction of the court to a safe, foreign residence.

Electonista, a blog predominantly about gadgets, has incorrectly identified the firm of Kabateck Brown Kellner as the filing firm in the Levitte v. Google case.  In fact, Kabateck Brown Kellner filed a similar class action suit six days later, also in the Northern District of California, on behalf of plaintiff RK West, Inc.  I would assume that the later-filed matter will be related to the case before Judge Ware.

Google, of course, has no comment.  In light of the recent Viacom v. YouTube discovery ruling, one wonders what electronic databases related to the AdSense program will be fair game in this class action suit.

You can view the Levitte Complaint (filed by Ms. Kralowec, et al.) here.

You can view the RK West, Inc. Complaint (filed by Kabateck Brown Kellner) here.

Read More

COMPLEX TECH: Windows Live Writer is an impressive blogging tool worth testing

/

While listening to one of the many podcasts I subscribe too, I hear a recommendation for the Microsoft blogging tool, Windows Live Writer.  The recommendation was from Paul Thurrott, of SuperSite for Windows fame, so I took the suggestion seriously and downloaded the tool.  The one word review: amazing.

What's the relevance to complex litigation practice?  Technology-assisted efficiency.  If you are reading this site, you know that technology is one dividing line between success and failure in modern law firms.  Within the huge topic of technology are the many sub-parts:  practice management tools, document management tools, billing programs, contact management programs, and so forth.

Marketing by law firms is now stepping across that digital divide, creating another segment of "haves" and "have nots."  The "haves" understand that an Internet presence is critical.  A subset of those understand that a web site, alone, is insufficient, because relevant, frequently refreshed content is king in the eyes of Google (and what Google decrees, the rest of the search Internet follows).  Hence, blogs.  Blogs are one publishing platform and paradigm that encourages frequent, topical content publication.

Having decided to blog, attorneys can still benefit from efficiency tools.  That's where Windows Live Writer joins the mix.  Windows Live Writer is a local application that is dedicated to content creation for blogs.  When you first install Windows Live Writer, and assuming you have an existing blog, it asks for the url of the blog and your logon information.  The software quickly analyzes the blog, the service it resides on, and its settings.  It then downloads all of the customized settings into Windows Live Writer.  In my case, it correctly detected my blogging service (TypePad), my customized styles settings, and my customized categories.  Once the analysis is complete, you can then compose posts, complete with the blog's customized settings in place, save drafts of a post, and upload the post when finished (or save drafts to finish later).

Windows Live Writer works with Microsoft Spaces, Sharepoint, Blogger, TypePad, LiveJournal, Movable Type, WordPress, Community Server, dasBlog and Radio Userland, among others.  The beauty of this niche application is that it does what it sets out to do incredibly well, without getting in the way of itself.  The User Interface is clean and intuitive.  You can even add more than one blog to the program - a boon if, for example, you manage multiple blogs.

For those users suffering misery with the TypePad editor update, this may be a truly welcome relief.

Download Windows Live Writer at the Windows Live site.

Read More

The Complex Litigator reached the 100 post milestone

/

100postsbadge125 The Complex Litigator turns 100 today, just in time to celebrate our nation's birth.  But in all seriousness, thanks to everyone that has supported this new blog, visited this blog, commented about it, complimented it, and passed it on to colleagues.  I may catch my breath over the long, holiday weekend, then it's right back on the road to 200.

Roughly 6700 visits in first three months isn't half bad, if I do say so myself (and I do).  But The Complex Litigator won't let its guard down.  I'll continue to watch for new case law relevant to class actions and complex litigation.  I'm working on a major post concerning the changing of the guard at major complex litigation "big law" firms.  I'll continue to review major pieces of software that can assist in a complex litigation/class action practice - Acrobat 9 is next on deck.  And I'll continue to test "web 2.0" services that might be a good fit in a modern practice.

Thanks for visiting and all the support,

H. Scott Leviant
The Complex Litigator

Read More

LexMontior highlights elements of the ongoing, online dialog about the law

/

The beauty of the internet resides in the ongoing evolution (or revolution) in the way that information is collected, distilled and presented.  A number of websites index legal subject matter blogs.  (See, e.g., Justia.com, the ABAJournal Blog index, and Blawg.com.)  LexMonitor offers a new twist on the idea of a blawg index.  Rather than simply indexing all law blogs, LexMonitor collects content from the blogosphere and attempts to present and catetorize it in ways that will help visitors follow discussions, concepts or authors of interest.  From the site:

“LexMonitor is a free daily review of law blogs and journals highlighting prominent legal discussion and the lawyers and other professionals participating in this conversation.

Pulling from nearly 2,000 sources and 5,000 professional authors, LexMonitor will shine a light on the ongoing conversation among thought leaders in the law for the benefit of the legal profession and the public at large.

LexMonitor is not a destination site where "you’ll read a newspaper," if you will. We want to make content from the legal blogosphere more accessible, meaningful, and valuable by highlighting discussion, blogs, tags, and authors you may wish to follow.

LexMonitor is owned & operated by LexBlog, Inc., which provides a turnkey blog solution to professional services businesses, primarily law firms.  However, LexMonitor includes legal blogs that contributed to the online dicusssion of legal issues,irrespective of whether LexBlog's blogging solution is used on the blog.

The Complex Litigator thanks LexMonitor for including this blog in the the LexMonitor review.  You can view The Complex Litigator on LexMonitor.

Read More

ClassActionBlawg continues to provide weekly review posts full of resources

/

Paul KarlsgodtI've previously mentioned the excellent weekly class action blogosphere surveys at ClassActionBlawg.  This week is no exception at ClassActionBlawg, and the roundups keep growing.  However, if you aren't regularly reading posts on this blog, it's easy for such mentions to get lost in the archives, so I direct your attention to roundups for the last few weeks at ClassActionBlawg.

  • On June 17, 2008, ClassActionBlawg mentions posts on topics that include class action settlements, "scandal" coverage of the Kentucky Fen-Phen attorneys and Milberg Weiss, Civil Procedure, class action decisions, and debate over various aspects of class action and tort reform, to name some of the topics addressed.
  • On June 10, 2008, ClassActionBlawg mentions posts on class action trends, technology news, and arbitration clauses and waivers, among other topics.

You'll find other entertaining collections of posts almost every week at ClassActionBlawg.  One of the best aspects about Paul's roundups is the relatively even-handed coverage of news from all parts of the legal agenda spectrum.  In many cases, it provides an opportunity to see issues debated from polar extremes, which is helpful if you find yourself undecided on a particular issue.

Read More

THANK YOU, GENEROUS BLOGOSPHERE

/

New blog, California Attorney's Fees, sets out to "provide a resource tool to practitioners, jurists, and the public about the law governing attorneys’ fees/costs awards, but focused on the law and pragmatic experiences in California state or California federal judicial forums."  Authored by Attorneys Marc D. Alexander and William M. (Mike) Hensley of Adorno Yoss Alvarado & Smith in Santa Ana, California Attorney's Fees should compliment this blog's discussion of class action issues.  The topic of attorney's fees in class actions is one that frequently triggers acrimonious commentary.  A common area of criticism in class actions arises when attorney's fees approved in a settlement exceed the actual or imputed recovery by the class.  I have to assume that Mr. Hensley and Mr. Alexander will be tackling issues of this ilk as the law in this area continues to develop.  For example, will California fully accept the Ninth Circuit's benchmark of 25 percent of the fund as an appropriate fee award in class action settlements?  Inquiring minds want to know.

Like many gracious bloggers did for me, I extend my best wishes and a warm welcome to California Attorney's Fees.

[While several blogs noted this newcomer to the blogosphere, credit goes to California Blog of Appeal for reminding me to get this post up.]

Read More

Slowly the lumbering beast awoke: "Law Firms" just now waking up to law blog PR issues

/

ABAJournal has an article about the recent awareness in law firms that law blogs can create PR issues for them to manage.  (Martha Neil, Law Firms Waking Up to PR Issues Posed by Law Gossip Blogs (June 3, 2008) www.abajournal.com.)  Amazing.  How can law firms continue to be so slow to respond to the world of technology when they spend so much energy counseling clients to err on the side of caution and best practices?  The article summarizes the incongruity:

“Today, leaked information can potentially reach huge numbers of strangers throughout the world in record time, thanks to electronic communications and legal gossip blogs—yet many law firms aren't focusing on this risk.

(Ibid.)  In addition to the PR disasters and issues mentioned in the ABAJournal article, perhaps it will take a few high-profile PR implosions on law blogs to convince the techo-phobes at the top of the law firm food chain to recognize law blogs as a new avenue for journalism, editorial commentary and public discourse.

The complex litigation mavens are ahead of the curve.  To survive the demands of modern complex/class litigation, litigators need every technological advantage they can find.  Online information, including law blogs, are now a staple for such attorneys.  But, in the grand scheme of things, complex (including class action) litigation is a tiny slice of the civil litigation pie.  It will take time for the techonolgy tools and resources of complex litigators to migrate into widespread, general use.  (Actually, I worry that it may take centuries for the legal profession to "get with it," as the legal profession, in general terms, strikes me as the most resistant to change of any profession on earth...save that really old profession that never need to change, and even that profession has embraced technology to deliver its wares.)  Until all civil litigators unite in their awareness and use of law blogs, be proud that you are on the leading edge, just by reading this post.

Read More