Podcast category: Legal News

ABA Journal: Asked and Answered

Linda Greenhouse and Jonathan Turley discuss the relationship between courts and the press

In this month’s Asked and Answered podcast, moderator Stephanie Francis Ward talks to Linda Greenhouse and Jonathan Turley about the past, present and future of legal journalism, and how it has influenced courts. Greenhouse reported on the U.S. Supreme Court for the New York Times for four decades, and is now the Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist-in-Residence at Yale Law School. Turley is an attorney, legal scholar and professor at George Washington University Law School and is a legal analyst for several media outlets.

Linda Greenhouse is the Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist-in-Residence at Yale Law School. That follows a 40-year career at the New York Times, where she covered the U.S. Supreme Court. She currently writes a biweekly op-ed column about the Supreme Court for the New York Times website.

Jonathan Turley, a professor at George Washington University Law School, focuses his academic work on constitutional matters, legal theory and tort law. He also writes an eponymous blog; is a member of USA Today’s board of contributors; and had done legal analyst work for CBS and NBC.

Workers Comp Matters

Overtime and the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is often overlooked as a part of workers’ compensation because it does not involve injury. The FLSA was a job creation bill passed in the 1930s that requires all employers in the United States to pay employees time-and-a-half, or 1.5 times their normal rate applied to every hour worked in overtime. As probably every worker knows, overtime starts after 40 hours of work per week. This is a federal statute that applies in every state to every worker, although 29 states have their own Wage and Hour laws. Who is exempt from the FLSA, how is this law enforced, and what related issues arise?

In this episode of Workers Comp Matters, host Alan Pierce interviews Michael Galpern, a workers’ compensation lawyer who specializes in the Wage and Hour area of the law. Together they discuss the importance of the FLSA, what types of managerial positions are exempt from the law, and how the Departments of Labor enforce the law. Galpern explains the issues that arise with tipped employees and cash methods of compensation. If an employee has suffered an infraction or violation of the FLSA, he urges them to find a lawyer. The attorney will know what questions to ask of the employer and what documents to require for discovery. Furthermore, the defendant must pay for the attorney if the case is ruled in favor of the plaintiff. Galpern gives an example of a case, Stillman versus Staples, in which Staples had classified many of their assistant managers as managers and claimed them exempt from the FLSA. Tune in to hear the exciting verdict. Overall, Galpern emphasizes that every job in the United States is covered under the FLSA; some jobs may be covered and exempted, but all are initially covered.

Michael Galpern is the Co-Managing Partner and Chairman of the Wage and Hour department of the Locks Law Firm in Cherry Hill, New Jersey. Galpern is also the new president of the Workers Injury Law and Advocacy Group (WILG) and the past president of the New Jersey Association for Justice. Galpern has also been an invited lecturer on numerous occasions, speaking on subjects related to civil litigation and complex torts.

Special thanks to our sponsor, PInow.

Lawyer 2 Lawyer

Animals’ Writ of Habeas Corpus: Autonomy, Self Determination, and Chimpanzees

On December 2, 2013, the first ever lawsuit on behalf of captive chimpanzees was filed in the New York Supreme Court. The objective of that lawsuit was to grant Tommy (a chimpanzee) bodily freedom through a common law writ of habeas corpus. Since then, two similar lawsuits have been filed. Leading the charge in all three actions is world-renowned animal rights lawyer Steven M. Wise from the Nonhuman Rights Project. In this episode of Lawyer 2 Lawyer, host J. Craig Williams welcomes back Mr. Wise to discuss the legal theories behind his cases as well as other animals that could potentially benefit. Tune in to hear why Steven is not deterred by the recent loss in Tommy’s appeal and the difference between legal personhood and being human.

To hear more from Steven M. Wise on this topic, please listen to “Should a Chimpanzee Have Human Rights?” which was recorded before Tommy’s case was filed.

Steven M. Wise is the president of the Nonhuman Rights Project and has been practicing animal protection law nationwide for 30 years. He currently teaches Animal Rights Jurisprudence at Lewis and Clark, University of Miami, and St. Thomas Law Schools and has previously taught Animal Rights Law at the Harvard and John Marshall Law Schools. Wise has published four books on animal rights, including Rattling the Cage – Toward Legal Rights for Animals, and is currently heading three simultaneous lawsuits in the State of New York to free Chimpanzees.

Special thanks to our sponsor, Clio.

Kennedy-Mighell Report

Pardon the 2014 Legal Technology Interruption

As we reach the end of 2014, it’s time to look back at the world of legal technology and some of the best advancements, worst fails, popular trends, and developments of the year. Using this information, trends and events can be predicted for 2015. What are the odds that two or more state bar disciplinary groups will issue rules about lawyers using technologies that will baffle lawyers that actually use that technology? It’s time to answer this and other questions about the way lawyers are interacting with new technology.

In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell adopt the ESPN “Pardon the Interruption” approach to take a fast-paced, broad-based look at the past year, contribute a few thoughts on 2015, and give lawyers some ideas of what they can be doing with legal technology.

Toss Up

In their first section, “Toss Up,” Kennedy and Mighell each take opposing sides of such debates as:

  • Phones or Phablets?
  • Passwords or Advanced Security Techniques?
  • To Cloud or Not to Cloud?
  • Is more/better innovation coming from outside or within the legal service provider market?
  • Was 2014 a big year for new technologies?

What’s the Word

In the second section, “What’s the Word,” the hosts analyzes the way lawyers are interacting with technology. They consider subjects such as human document review versus predictive coding, how lawyers use social media, the impact of the Windows Surface Tablet, bring your own device (BYOD), and lawyers facing technology choices.

Odds Makers

The third section of the podcast, “Odds Makers,” is about the predictions of legal technology stories in 2015. Kennedy and Mighell hypothesize the chance that certain events will happen over the next year. The following questions are approached:

  • How many lawyers will discuss their appreciation for WordPerfect 5.1 for DOS?
  • How likely is it that a lawyer’s next computer will be a Mac?
  • What are the odds that a lawyer will attend a conference about legal technology?
  • Will the new “killer app” for lawyers appear in 2015?

Play along with the hosts as they give their predictions and let them know your take on legal technology for 2014 and 2015!

As always, stay tuned for Parting Shots, that one tip, website, or observation that you can use the second the podcast end.

Special thanks to our sponsor, Serve Now.

 

Robert Half Legal Report

2015 Forecast: Top Legal Hiring and Compensation Trends

In this episode of The Robert Half Legal Report, host Charles Volkert, executive director of Robert Half Legal, and Billie Watkins, district director for Robert Half Legal, discuss the latest trends affecting hiring and legal careers. They reveal areas where demand is greatest for skilled talent in the legal profession, the expertise being sought by employers and where legal salaries are headed in 2015.

 

Lawyer 2 Lawyer

Senators Weigh In on Immigration, The Constitution, and Obama’s Executive Order

On November 20, President Obama announced his intention to execute an Executive Order potentially offering deferred deportation for nearly five million illegal immigrants. Since that time, opposing forces have challenged the constitutionality of such actions. Perhaps the most significant challenge is a federal lawsuit filed by nearly 20 states. In it, they allege violations of Article 2 Section 3 of the U.S. Constitution as well as the Administrative Procedure Act. On this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews former United States Senator Byron Dorgan and current New Mexico State Senator Steven Neville. Also participating by pre-recorded interview is current Texas State Senator José Rodríguez. Together, they discuss the constitutionality of President Obama’s recent actions on immigration as well as the viability of the federal suit filed by the various states. Tune in to hear opposing views on the separation of families, burdens on the social welfare system, and Deferred Action for Childhood Arrivals.

If you find this topic interesting, you may also want to listen to an earlier show about unaccompanied minor immigrants titled “Unaccompanied Minor Immigrants: Push and Pull Factors of Immigration”.

Former US Senator Byron L. Dorgan served as a Congressman and Senator for North Dakota for 30 years before retiring from the U.S. Senate in 2011. He served in the Senate Leadership for 16 years and was Chairman of Senate Committees and Subcommittees on the issues of Energy, Aviation, Appropriations, Water Policy, and Indian Affairs. Today, Senator Dorgan is a senior policy advisor at Arent Fox where he co-chairs the firm’s government relations practice. In addition, he is a visiting professor at Georgetown University lecturing on energy and environmental issues as well as a Senior Fellow with the Bipartisan Policy Center, a think tank in Washington DC.

New Mexico State Senator Steven Neville is currently serving District 2 and has been in the New Mexico State Senate since 2004. Prior to that he served as County Commissioner in San Juan County from 1997 to 2004, the City Commission of the City of Aztec from 1995-1996, and County Chairman for the San Juan Republican Party from 1990-1991. Senator Neville has been self-employed with his own company, N-Vest, Inc., a real estate consulting and investment organization since 1985.

Texas State Senator José Rodríguez represents District 29 which includes the counties of El Paso, Hudspeth, Culberson, Jeff Davis, and Presidio. He represents both urban and rural constituencies, and more than 350 miles of the Texas-Mexico border. Senator Rodríguez currently serves as the Chairman of the Senate Hispanic Caucus, Vice Chairman of the Senate Jurisprudence Committee, and a member of the Senate Committees on Criminal Justice, Veteran Affairs and Military Installations, and Government Organization.

Special thanks to our sponsor, Clio.

Ringler Radio

Inside the Connecticut Bar Association

 

From its creation in 1875, the Connecticut Bar Association (CBA) was instrumental in developing and improving court rules and providing quality educational and networking opportunities for its members. Today on Ringler Radio, host, Larry Cohen welcomes the 2014-2015 Connecticut Bar Association President, Mark A. Dubois and Executive Director of the Connecticut Bar Association, Douglas S. Brown, to spotlight the CBA, its mission, membership and the various programs offered through the CBA.

Visit Ringler Associates to contact a consultant in your area about structured settlements.

Lawyer 2 Lawyer

Net Neutrality

On the coattails of presidential support and possible regulations from the Federal Communications Commission, Net Neutrality makes its way back into public debate. Proponents claim it will keep the internet a level playing field while opponents believe the opposite. One side worries about oppressive corporations while the other is concerned about oppressive government. Not surprisingly, opinions for or against tend to follow political party lines. On this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews Chris Fedeli from Judicial Watch and Professor Jonathan Askin from Brooklyn Law School. Together they discuss the meaning of net neutrality, the pros and cons of regulating, and what it takes to keep the internet innovative. Tune in to hear about free market principles, consumer protection, and data packet discrimination.

Chris Fedeli is a senior attorney with Judicial Watch where he has litigated multiple cases in state and federal courts concerning election integrity, ballot initiatives and referendums, and government transparency. Prior to joining Judicial Watch, Fedeli was a senior associate at Davis Wright Tremaine in Washington D.C., where he represented clients in communications law litigation and regulatory proceedings. In 2009, the ABA’s Communications Lawyer published Fedeli’s article criticizing the FCC for its net neutrality regulations, which have since been overturned twice by the DC Circuit.

Professor Jonathan Askin is a professor at Brooklyn Law School where he teaches technology, telecommunications, and entrepreneurial law and policy. He is also the Founder of the Brooklyn Law Incubator & Policy Clinic, which represents internet, new media, communications and other tech entrepreneurs on business development, policy advocacy, and law reform. During the 2008 Presidential Election, Askin chaired the Internet Governance Working Group for the 2008 Obama Presidential Campaign.

Special thanks to our sponsor, Clio.

 

Workers Comp Matters

Has Workers Compensation Become Unconstitutional?

About 100 years ago, a Workers Compensation System was created in the United States with a quid pro quo principle. The employers of injured workers were not liable for general damages such as pain and suffering in exchange for the guarantee of “adequate and reasonable” medical treatment and temporary wage replacement during the period of disability. Over the last twenty years, there has been an erosion of these workers comp benefit systems. Recently, there have been several cases in Florida questioning whether workers compensation benefits are still reasonable and adequate. Claimant attorneys are calling this the “tipping point.” The question remains, how far can employers and insurance agencies reduce and restrict medical aid and wage replacement before the system becomes unconstitutional?

In this episode of Workers Comp Matters, Alan Pierce interviews workers compensation attorney Charles Davoli about what the “tipping point” means, the policies insurance agencies are putting into place, how legislators and laws are changing, and how workers compensation is being affected. Davoli begins by explaining the no-fault workers comp system that was created in order to provide injured workers with medical treatment and wage replacement in exchange for reducing their rights to sue the company. He then describes the erosion, or deform of the benefits and systems over the past twenty years in order for the insurance companies to stay profitable. There has been an increase in benefits for medical versus indemnity, medical fee guidelines, restrictive fee schedules, and peer reviews, all creating what Davoli portrays as a lot of litigious and controversial questions in workers comp. He then discusses the circuit court judgement in the Padgett v. State of Florida case and the 14th Amendment. Davoli’s goal is to bring awareness to the public about cost shifting from the employers to the public via taxpayers and insurance premiums via policyholders. If well informed of this, taxpayers and policyholders alike should be outraged.

Charles Davoli practices with the law firm of Davoli, Krumholt, and Price and is the past president of the Workers Injury Law and Advocacy Group (WILG). WILG is a workers compensation association of claimant attorneys. Davoli has spoken on several occasions focusing on the “tipping point” of where the US is in the hundred year history of the rights of injured workers to get adequately, promptly, and justly compensated.

Specail thanks to our sponsor, PInow.

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