Social Media as Alternative or in Addition to BBB When Too Small to Sue

A post at MyShingle.com asks whether lawyers should suggest not only going to the Better Business Bureau with complaints that are too small monetarily to sue over, but also whether lawyers should now suggest using social media to start a viral campaign telling everyone the issue.  See the post here.   My initial thoughts: just be careful what you post is not libelous and complies with other laws.  Some people get so angry, they get carried away.  But if they can stay within the laws and are not breaching any contract by doing so (such as confidentiality provisions), and can take the risk that it might provoke other issues with that company if there is any ongoing relationship, then go for it.

Social Networking Helps Cut Company Legal Fee Costs – How? Read on!

Social networking is helping companies (specificially corporate counsel) cut legal fees by providing groups and forums for them to discuss and share ideas and answers to legal questions for free.  For instance, on Linked In, there are topic groups that you can subscribe to, like Intellectual Property.  You can then post questions and answer other people’s questions.  Human resources professionals are also benefiting.  Of course, there are issues about the lack of attorney-client privilege and there is no privacy to the questions.  However, for general inquiries that are not private (perhaps such as “Where might I find good examples of social networking policies?”), these sites can really help.

Corporate counsel are also trading forms and drfating their own documents before sending them to outside counsel.

To read more about how companies are cutting costs, see this article here, which incidentally, mentions LexisNexis, my employer.

Futurelawyer: A technology blog worth reading

I stumbled across http://futurelawyer.typepad.com/futurelawyer/ today.  Futurelawyer is a blog about technology developments for lawyers.  However, he also reviews new phones, computers, and other programs that any business person can learn from.  Lately, he’s posted about the possibility of a color Kindle, itunes in the pool, and new Palms.

Jurors using Twitter get called on carpet

Apparently, a juror used Twitter to update followers on the status of the case — a big “no-no.”  Jurors are told not to disclose information about deliberations during deliberations.  The juror tweeted, ”Stay tuned for a big announcement on Monday everyone!”   The lawyers moved to disqualify the juror.    For more, click HERE.

And in Arkansas, a $12.6 M verdict was appealed.  It was alleged a juror’s Twitter posts showed he was biased.  The juror posed: “oh and nobody buy Stoam. Its bad mojo and they’ll probably cease to Exist, now that their wallet is 12m lighter.”  He also posted: “I just gave away TWELVE MILLION DOLLARS of somebody else’s money.”  For more, click HERE. 

The courts found nothing wrong — IN THOSE CASES.  As with, say, verbal communications, these comments did not contain anything about the deliberations themselves.  Or so say the courts.   The problem of course with any of these communications during deliberations is not just that they make comments to the world — but that they invite responses, which they are likely reading if they are on these cites.    Jurors should just steer clear of the subject all together other than to say that they are in jury duty or not, so people know not to expect a return communication.  Better yet, they should avoid getting on these sites if their method of making these tweets or status updates allows them to see other’s comments which could include comments about the case.  Jurors are admonished not to read newspapers and tv about the cases, and comments from others run afoul of the same problems.

So now, we — as  lawyers —  need to follow juror social networking sites during and after trials.

Ohio Supreme Court’s website now has PODCASTS AND VIDEOS! of oral arguments (I knew you’d be excited!)

The Ohio Supreme Court redesigned its website and is now offering podcasts  and videos of its oral arguments.  Hooray!

From the announcement yesterday:

“With the launch of a redesigned Web site this month (supremecourt.ohio.gov), the Supreme Court of Ohio made digital audio recording of its oral arguments available free as podcasts through the popular iTunes audio and music portal. This was in addition to the video archive of oral arguments that has been available on the Supreme Court’s Web site since 2004. Live streaming of Supreme Court oral arguments is offered on the Web site when court is in session, and the feed is also broadcast on cable television statewide.”

To check it out, click here: http://www.supremecourtofohio.gov/videostream/default.asp

Legal Peeps – aka lawyers with too much time on their hands

The ABA peep contest – You gotta see this!

http://www.abajournal.com/weekly/top_3_peeps_in_law_entries/

Reminder – Non-competes are ENFORCEABLE

In this down economy, companies look to shore up what they have – including protecting their IP and going after what they see as unfair competition.  As a result, there is more litigation over non-compete clauses in employment contracts.  So, employees out there: Beware.  I hear a lot of you say to me at parties and other places – I have a non-compete, but it is not enforceable.  While that may be true in certain cases IN CALIFORNIA, we are in OHIO.  OHIO and virtually EVERY OTHER STATE enforce them.  It is also true that if it is written too broadly, say, perhaps saying that you can’t work in any state  in the union for 50 years, then the court won’t enforce it so broadly.  BUT it will generally enforce it TO SOME REASONABLE EXTENT.  That might mean, say 50 miles and 2 years – or something else entirely.  How far and for how long it is enforced will depend entirely on the industry.  Hairdressers might have a more limited enforceable radius than, say, computer sales folks. 

For all my friends out there, just be careful.  Please.

Blog by Attorney for Photographers

Here’s an interesting blog on photographer’s rights.  I get a lot of questions about this issue, and you do have to be careful about how the law applies in Ohio (which the linked blog does not address), but this site gives an idea about some of the concerns that are out there.

http://www.photoattorney.com/

Free Database of IP Cases Since 2000 Courtesy of Stanford Law

Stanford Law Scool launched a database called the Stanford IP Litigation Clearinghouse, contianing real-time data summaries, industry indices, and trend analysis, along with a full-text search engine of over 23, 000 IP litigation cases filed in district courts since 2000.   See http://lexmachina.standford.edu

Nod to the Dayton Intellectual Property Law Association for the info.

They say you have to toot your own horn — so here goes!

I have been selected for inclusion in Super Lawyers–Rising Stars Edition 2009. Basically, this means a bunch of other lawyers voted for me. Flattering! It is nice when hard work is recognized by other lawyers in the area.

Happy New Year everyone!