There is cause for concern about factoring companies offering quick cash for structured settlement payments that fall short of the total value of a structured settlement over a claimant’s lifetime. This is particularly worrisome in the cases of disabled people whose health costs may skyrocket over time. So how can we protect individuals from these practices? In this podcast, Ringler Radio host Larry Cohen joins co-host, Randy Dyer and special guests, Sally Greenberg, Executive Director of the National Consumers League and Mark Perriello, President and CEO of the American Association of People with Disabilities (AAPD), to discuss protecting consumers and people living with disabilities and educating them on the benefits of structures for their long-term financial security.
Visit Ringler Associates to contact a consultant in your area about structured settlements.
Imagine being 20 years old and being investigated for a murder you didn’t commit. Would you know what to say or do? Failure to react correctly could cost you a lifetime in prison. Sound far-fetched? It might surprise you to learn that it happens more often than we think, and for somewhat predictable reasons. In this special edition of Lawyer 2 Lawyer, host J. Craig Williamsinterviews William Michael Dillon, a man who spent nearly 30 years behind bars in one of the country’s most dangerous prisons for a crime he did not commit, and Seth Miller, one of the attorneys who helped overturn his conviction. Tune in to hear how false confessions, eyewitness misidentification, and corrupt jail-house snitches are costing innocent people their freedom, and learn why William isn’t angry today and how finding a voice through writing music helped him find hope.
William Dillon served 27 years and 8 months of a life sentence for a murder he did not commit. The State of Florida released him in 2008 when DNA testing proved he was not linked to a key piece of evidence used to convict him. He is a singer and songwriter whose work was inspired by his long incarceration in Florida State Prison. Today, he advocates for organizations, including the Innocence Project of Florida, that were instrumental in setting him free.
Seth Miller is one of the attorneys who helped exonerate William Dillon. He works for the Innocence Project of Florida where he has dedicated himself to exonerating the innocent since 2006. His organization receives nearly 2,000 requests to review convictions per year. Mr. Miller’s focus is on post-conviction cases that have DNA in evidence.
After a serious injury requiring an amputation, there is not only a physical impact on the individual, but an emotional one. On Ringler Radio, host, Larry Cohen and his co-host, Jim Early join special guest, Matthew Albuquerque, founder and president of Next Step Bionics & Prosthetics, to discuss the wonderful work they are doing with amputees, the prosthetic process, the best approach to prosthetic care and the new advances in prosthetics and bionic technology that help to bring back normalcy to the lives of injured parties.
Visit Ringler Associates to contact a consultant in your area about structured settlements.
Famed legal writer John Grisham calls them Rainmakers. We’ve celebrated their legendary victories in cinematic works such as “A Civil Action” and “Erin Brockovich.” In Hollywood, these plaintiffs attorneys are often portrayed as Davids to their opposing Goliaths of corrupt industry. But who are they in real life? In this special edition of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview titans of the courtroom Mike Papantonio, Howard Nations, Thomas Girardi, and Fred Levin. In the first segment of this show, they reveal their most respected defense counsel, discuss the traits of successful trial attorneys, as well as evaluate the contingency fee model. In the second segment, Bob and Craig interview Fred Levin about his new biography which covers his very colorful life and career. Tune in to hear about his victories and his defeats.
Mike Papantonio was instrumental in the creation of The Trial Lawyer Hall of Fame. In addition to being a senior partner at Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, Mike co-hosts his nationally syndicated talk show (Ring of Fire) with esteemed co-hosts Robert F. Kennedy, Jr. and Sam Seder. Mr. Papantonio is also nationally known for his success in mass tort litigation, recipient of multiple prestigious awards (like Trial Lawyer of the Year and the Perry Nichols), and accomplished author of several motivational books for lawyers.
Howard Nations is an inductee at The Trial Lawyer Hall of Fame whose national practice is currently working on litigation for Actos bladder cancer, defective hip implants, transvaginal mesh, Pradaxa, and the BP Deepwater Horizon oil spill. As a pioneer in courtroom technology, Howard was the first attorney to have computer-generated liability and medical animations admitted into evidence at trial. Among his many awards, he is the recipient of the W. McKinley Smiley, Jr., Lighthouse Award; the Belli Society’s Mel Award; and MTMP’s Clarence Darrow Award.
Thomas Girardi is an inductee at The Trial Lawyer Hall of Fame who’s commonly known for his work in Anderson v. Pacific Gas & Electric (the case made famous by the Erin Brockovich film). Among his numerous headlines, Mr. Girardi secured a 4.85 billion dollar settlement from Merck for Vioxx, a 785 million dollar verdict from Lockheed for personal injuries, and a 1.7 billion dollar settlement from the State of California for manipulating natural gas prices.
Fred Levin is commonly referred to as the man who brought down Big Tobacco by helping to secure the largest settlement in US history. To date, he has won over 100 jury verdicts and settlements worth at least one million dollars. During his very colorful career he represented heavyweight boxing champion Roy Jones Jr., helped start the national firm of Johnnie Cochran, be-friended multiple Presidential candidates, and been investigated for murder twice. Today, Mr. Levin still practices as a senior partner at Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor.
The Amish religion is a branch of Christianity that adheres to a doctrine of simplicity, nonviolence and forgiveness. How then did a breakaway group come to be implicated in the first federal trial to prosecute religiously motivated hate crimes within the same faith community?
From September to November in 2011, there was series of five attacks against nine Amish victims in Ohio in which their beards or hair were shorn. Some were left bruised and bloodied. Several victims had their homes invaded in the dead of night, while others were lured to a settlement in Bergholz, Ohio, and then attacked. The alleged perpetrators were from a breakaway Amish community in Bergholz, led by a bishop named Samuel Mullet. Some victims were estranged family members of the attackers, while others had crossed Mullet in some way.
State officials called on federal prosecutors to take over the case and to try the alleged perpetrators under the Shepard-Byrd Act, a federal hate crimes law. Sixteen people were charged in the attacks in U.S. v. Miller, including Mullet. The jury found the 10 men and six women guilty of a total of 87 counts out of 90. But how did it come to this?
Donald Kraybill, a professor of Amish studies, was an expert witness in the trial. He has written Renegade Amish: Beard Cutting, Hate Crimes and the Trial of the Bergholz Barbers, to explain the history of the case, and the sociological and religious factors that led to the attacks.
Though the Cincinnati-based 6th U.S. Circuit Court of Appeals overturned the convictions in a 2-1 decision, based on their interpretation of “but for” causation in the 2009 hate-crimes act, they allowed for a retrial.
Kraybill does not think that this will be the end of the case. In this podcast, he shares with the ABA Journal’s Lee Rawles the backstory behind the case; what it was like for him to testify; and what he feels the implications of the 6th Circuit’s decision will be.
Lawyers now have the option to purchase Microsoft Office 365 for their small, medium, or big law firms. Microsoft Office 365 is a collection of products and services that can be purchased individually or in bundles known as stockkeeping units (SKUs). The products available include Microsoft Exchange, Microsoft SharePoint, Microsoft Lync, Yammer, Office Suite 2013, and Matter Center. These provide everything from document management, email and contacts, voice and text communication, to a corporate social network. How might these services benefit a law firm and what questions should lawyers be asking?
In this episode of The Digital Edge, Sharon Nelson and Jim Calloway interview Microsoft expert and technologist Ben Schorr about the Office 365 services and products as they pertain to use in a law firm. Schorr answers some of the often asked questions concerning the difference between Office 365 and Office Suite 2013, cloud based information storage, collaboration and sharing, and the way that Microsoft’s pricing differs from other software providers. He wraps up the interview by explaining the differences between SharePoint and Matter Center for document management and advises lawyers and legal professionals to do online research and work with a Microsoft partner before deciding on products for a firm. There are many options to pick and choose from for a firm of any size, from solo to big law.
Ben M. Schorr is a technologist and Chief Executive Officer for Roland Schorr & Tower, a professional consulting firm headquartered in Flagstaff, Arizona with offices in Hawaii and Oregon. He has been involved with management and technology for more than 20 years and a Microsoft MVP for more than 15. He is the author of several books and articles on technology including “The Lawyer’s Guide to Microsoft Outlook,” “The Lawyer’s Guide to Microsoft Word,” and “OneNote in One Hour.”
In 2006, the Federal Rules of Civil Procedure rule-makers developed and put into practice amendments dealing with electronically stored information (ESI) and e-discovery. However, most of those involved believed these amendments did not adequately deal with lost or missing ESI or “the spoliation issue.” In 2014 the rule-makers proposed Rule 37(e), which deals with the issue of spoliation equally across all federal courts, resolving the issue of inherent authority, or judges making decisions individually for each case. What are these changes and how will they affect the way businesses deal with e-discovery and data preservation?
In this episode of The Digital Detectives, Sharon Nelson and John Simek interview ESI preservation expert James Kurz about how Rule 37(e) works and what the consequences are for the future of ESI preservation. Kurz explains that the rule, which only deals with ESI, proposes a three part test before considering spoliation issues: the ESI should have been preserved in the anticipation or conduct of litigation and is lost, the ESI was lost because the party failed to take reasonable steps to preserve the information, and the missing information cannot be restored or replaced with additional discovery. If this test is passed, the federal court may then impose remedies, or if intention is proved, order more serious sanctions. He explains that Rule 37(e) will make a more homogenous legal process for e-discovery, and will solve some of the controversy surrounding the costs of ESI preservation and e-discovery for businesses. Although the rule faces the Judicial Court, Supreme Court, and then Congress, Kurz believes it will go through and be effective in December 2015.
James Kurz is a partner in the Alexandria VA law firm of Redmon, Peyton & Braswell LLP. His practice focuses on business litigation, including computer, software, and communications technologies cases. He also has an emphasis in the challenge of electronic discovery and the issues of information governance and co-wrote the white paper The Long-Awaited Proposed FRCP Rule 37(e), Its Workings and Its Guidance for ESI Preservation.
Worker groups around the country are demonstrating for the purpose of increasing the minimum wage while experts and policy makers debate the effect of such change. Proponents say a higher minimum wage helps low-skilled workers and boosts the economy. Opponents say increasing the minimum wage decreases employment and raises the cost of living. In this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Dr. Antony Davies from George Mason University and Dr. David Madland from American Progress. Together they discuss discuss economic and social principles associated with the minimum wage as well as who ultimately ends up paying for it. Tune in to learn more about the effects on fixed incomes, morale of workers, and quality of work.
Dr. Antony Davies is an associate professor of economics at Duquesne University and a Mercatus Affiliated Senior Scholar at George Mason University. His primary research interests include econometrics and public policy. Davies has authored over 100 op-eds in over thirty newspapers including the Wall Street Journal, Los Angeles Times, New York Daily News, and Philadelphia Inquirer.
Dr. David Madland is the Director of the American Worker Project and the Managing Director of the Economic Policy team at American Progress. He has written extensively about the economy and American politics on a range of topics including retirement policy, labor unions, and the minimum wage. Madland has appeared on the the PBS News Hour and CNN’s Crossfire. He has been cited in The New York Times, The Wall Street Journal, and The Washington Post as well as been a guest on dozens of radio talk shows across the United States. David worked for Rep. George Miller (from California) and has testified before Congress and state legislatures.
Legal Talk Network producer Laurence Colletti interviews Casey Flaherty, a speaker in two events at the LegalTech West Coast conference. The events included discussions about facilitating discovery, maintaining good rapport during government investigations, and how to begin working with regulatory bodies. Flaherty examines how technology can help smaller law firms compete and client billing perspective. Casey Flaherty, corporate council for Kia Motors, developed a basic technology competency audit for law firms and has appeared on several Legal Talk Network podcasts.
In this Special Report from Legal Talk Network, producer Laurence Colletti interviews ALM’s Editor-in-Chief Monica Bay about the LegalTech West Coast conference. Together, they discuss the power-packed line up of speakers (listed below) as well as debuts for innovational products and services. Notwithstanding its tenure in Los Angeles, this event is moving to a new city for next year. Tune in to hear about this year’s show and its future.
Monica Bay is the Editor-in-Chief of ALM’s nationally-acclaimed publication Law Technology News. A leader in Internet-media, Bay helped The Late Show with David Letterman establish their first website on America Online and has been with ALM since 1985. She has received numerous awards for editorial excellence from Associated Press and The American Society of Journalists Sigma Delta Chi.