E-Discovery Implications of Social Networking Sites
|
|
- Violet Jefferson
- 5 years ago
- Views:
Transcription
1 WELCOME TO OUR WEBINAR E-Discovery Implications of Social Networking Sites June 8, :00 am PST 11:00 am MST 12:00 pm CST 1:00 pm EST The audio portion is available via conference call. It is not broadcast through your computer. If you do not hear the hold music (prior to 10 am PST) or the presenters (after 10 am PST), please re-dial the applicable conference number below. US participants: Outside the US: *This webinar is offered for informational purposes only, and the content should not be construed as legal advice on any matter.
2 Today s Presenter CURRENTLY SPEAKING Kathy Owen Partner Litigation Dallas Special Thanks to So-Eun Lee and Andy Zollinger in DLA Piper s Dallas office for their assistance in researching and preparing this presentation. (c) 2010 DLA Piper LLP (US) 2
3 Introduction Facebook: over 400 million active users as of May 2010 MySpace: over 260 million active users as of June, 2009 Twitter: over 105 million registered users as of April 2010 (c) 2010 DLA Piper LLP (US) 3
4 Introduction Each site facilitates communication and conveys autobiographical information Users get a free space or profile to which they may upload photographs, personal information, and almost anything else they desire Private and public messages to other users Chat capabilities (c) 2010 DLA Piper LLP (US) 4
5 What we re going to do: 1. Quickly discuss jurisprudence regarding social networking sites as evidence. (c) 2010 DLA Piper LLP (US) 5
6 What we re going to do: 2. Briefly explain how the rules address social networking sites and how courts have applied the Rules. (c) 2010 DLA Piper LLP (US) 6
7 What we re going to do: 3. Discuss discovery of evidence gathered from social networking sites. (c) 2010 DLA Piper LLP (US) 7
8 What we re going to do: 4. Discuss other uses of social networking sites in litigation. (c) 2010 DLA Piper LLP (US) 8
9 Let s get started (c) 2010 DLA Piper LLP (US) 9
10 1. Social Networking Sites as Evidence Weber v. Dyck (2007 CarswellOnt 3851): A famous 2007 Ontario case where a young woman claiming serious injuries after a car accident was confronted by her MySpace photos of skiing in the Swiss Alps. People v. Binkerd (trial court order not available): A 2007 California case where a young driver killed her passenger in a drunk driving accident. Her attorney advised her to take down her MySpace page during their first meeting, but she did not follow that advice. (c) 2010 DLA Piper LLP (US) 10
11 1. Social Networking Sites as Evidence Matthew Cordova (citation/opinion not available): A 2007 Arizona case where defendant pled guilty to aggravated assault with a gun. At the sentencing hearing, his attorney tried to portray him as a peaceful man who had found religion, yet the prosecution had a MySpace picture of defendant holding a gun which he posted comments about. Ernest Ray (plaintiff in MDL proceeding In re: Welding Fume Products Liability Litigation case Number 03-cv- 1700): January 14, 2010 the judge granted plaintiff Ernest Ray s voluntary motion to dismiss his case with prejudice. Plaintiff had been claiming total disability from exposure to welding fumes. The motion to dismiss was filed after defense lawyer s located photos of plaintiffs racing motor boats on Facebook. (c) 2010 DLA Piper LLP (US) 11
12 1. Social Networking Sites as Evidence So how are lawyers using social networking web sites as evidence? To investigate lay and expert witnesses To prepare for depositions To vet prospective jurors To investigate opposing counsel and judges To tailor closing arguments and trial strategy (c) 2010 DLA Piper LLP (US) 12
13 2. How the Rules and Case Law Address Social Networking Sites The Federal Rules of Evidence, the Federal Rules of Civil Procedure, and the applicable state rules do not specifically address social networking web sites as a unique form of evidence. Among a handful of recent cases that have addressed social networking web sites, there is no consensus as to the admissibility or discoverability of such web sites. (c) 2010 DLA Piper LLP (US) 13
14 2. How the Rules and Case Law Address Social Networking Sites Recent cases: State v. Carroll, No. 07CA14, 2007 WL (Ohio Ct. App. Sept. 11, 2007) Court admitted information from and testimony about a MySpace page, where the victim told the defendant, and also posted, her age. In re T.T., 228 S.W.3d 312 (Tex. App. Houston [14th Dist.] 2007) In terminating the defendant s parental rights, the court allowed the introduction of content from the defendant s MySpace page, which stated that he was single and did not want children. (c) 2010 DLA Piper LLP (US) 14
15 2. How the Rules and Case Law Address Social Networking Sites But Crispin v. Audigier, No. 2:09-cv (C.D. Cal. May 26, 2010) A district judge reversed a magistrate judge s ruling that the fashion house Christian Audigier Inc. can subpoena Facebook and MySpace communications of an artist who sued the designer for copyright infringement on grounds that messages on the social networking sites are protected information under the Stored Communications Act. (c) 2010 DLA Piper LLP (US) 15
16 2. How the Rules and Case Law Address Social Networking Sites Federal Rules of Civil Procedure (amended 2006) Rule 34 of the Federal Rules of Civil Procedure addresses electronically stored information (ESI): Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes: Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor s behalf, to inspect, copy, test, or sample any designated documents or electronically stored information including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained translated, if necessary, by the respondent into reasonably usable form.... (c) 2010 DLA Piper LLP (US) 16
17 2. How the Rules and Case Law Address Social Networking Sites Reasons social networking sites will likely be treated just like other types of ESI under Rule 34: The Advisory Committee intended the rule on ESI to be a fluid concept. Social networking web site components are similar in structure and function to traditional forms of ESI. Case law on traditional forms of evidence provides guidance for any differences between social networking web sites and other forms of ESI. (c) 2010 DLA Piper LLP (US) 17
18 2. How the Rules and Case Law Address Social Networking Sites Federal Rules of Evidence Federal Rules of Evidence do not address electronic data as a distinct category of evidence. Federal case law regarding social networking web sites is limited, but federal courts have found that the Federal Rules of Evidence apply to computerized data as they do to other types of evidence. (c) 2010 DLA Piper LLP (US) 18
19 2. How the Rules and Case Law Address Social Networking Sites Federal Rules of Evidence Authentication Issues: Lorraine v. Markel Am. Ins. Co., 241 F.R.D. 534 (D. Md. 2007) United States v. Tank, 200 F.3d 627 (9th Cir. 2000) (c) 2010 DLA Piper LLP (US) 19
20 2. How the Rules and Case Law Address Social Networking Sites State Rules of Civil Procedure Currently, 33 states have enacted amendments addressing ESI: AL, AZ, AK, CA, CT, FL, ID, IL, IN, IA, KS, LA, ME, MD, MI, MN, MS, MO, MT, NE, NH, NJ, NM, NY, NC, ND, OH, TX, TN, UT, VT, VA, WY. (c) 2010 DLA Piper LLP (US) 20
21 2. How the Rules and Case Law Address Social Networking Sites There is limited state case law regarding discoverability of information found on individual users pages. A few cases addressed the discoverability of social networking web sites in relation to an individual s right to privacy. Dexter v. Dexter, No P-0051, 2007 WL (Ohio Ct. App. May 25, 2007) Moreno v. Hanford Sentinel, Inc., 172 Cal. App. 4th 1125 (Cal. Ct. App. 2009) A.B. v. State, 885 N.E.2d 1223 (Ind. 2008) (c) 2010 DLA Piper LLP (US) 21
22 2. How the Rules and Case Law Address Social Networking Sites State Rules of Evidence Just as the Federal Rules of Evidence adequately govern ESI without specifically mentioning it, the standard state rules also govern social networking sites. State v. Bell, 882 N.E.2d 502 (Ohio Ct. Com. Pl. 2008) In re K.W., 666 S.E.2d 490 (N.C. App. 2008) (c) 2010 DLA Piper LLP (US) 22
23 3. Discovery of Evidence Gathered From Social Networking Sites How to request, collect, produce, and preserve information gathered from social networking web sites? (c) 2010 DLA Piper LLP (US) 23
24 3. Discovery of Evidence Gathered From Social Networking Sites Various Social Networking Sites Privacy Policy Facebook: We may disclose information pursuant to subpoenas, court orders, or other requests if we have a good faith belief that the response is required by law MySpace: There may be instances when MySpace may access or disclose PII (personally identifiable information), Profile Information or non-pii without providing you a choice in order to: (iv) comply with the law or legal process Twitter: We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request (c) 2010 DLA Piper LLP (US) 24
25 3. Discovery of Evidence Gathered From Social Networking Sites How to obtain and/or produce the information? Obtain user id/password Screen shots Subpoena Camstudio.org (c) 2010 DLA Piper LLP (US) 25
26 3. Discovery of Evidence Gathered From Social Networking Sites Case law Mackelprang v. Fidelity Nat l Title Agency of Nev., Inc., No , 2007 WL (D. Nev. Jan. 9, 2007) Ledbetter v. Wal-Mart Stores, Inc., No , 2009 WL (D. Colo. Apr. 21, 2009) Horizon Blue Cross Blue Shield cases (D.N.J. 2008) (c) 2010 DLA Piper LLP (US) 26
27 3. Discovery of Evidence Gathered From Social Networking Sites Generally speaking, courts are reluctant to compel service providers to provide broad, unrestricted access to social networking user information. Courts are willing to require users to produce social networking information in response to narrowly tailored discovery requests. Courts are not receptive to user privacy or privilege arguments when information has been shared on social networking sites, even if the intended audience was limited. (c) 2010 DLA Piper LLP (US) 27
28 3. Discovery of Evidence Gathered From Social Networking Sites Preservation Document Hold Language Data from social networking sites (e.g., Facebook, Twitter, LinkedIn, etc.) are not maintained on company servers. As a result, in order to comply with the requirements of this document hold memo, do not use social networking sites to communicate information in any way relating to [issue subject to hold] until further notice. If you find someone has communicated with you via text messaging or social networking sites regarding [issue subject to hold] please contact [Legal Contact]. (c) 2010 DLA Piper LLP (US) 28
29 4. Other Uses of Social Networking Sites in Litigation Attorneys on social networking sites In Texas, a lawyer requested a continuance due to the death of her father, but the lawyer s recent Facebook statuses told a different story of a week filled with drinking and partying. Also in Texas, a lawyer complained about a judge s handling of a motion on her Facebook page. The judge playfully zinged her, too on Facebook, of course. In Minnesota, a Somali man convicted of murder recently filed a motion for a new trial based on the prosecutor s anti-somali Facebook postings allegedly made during his murder trial. The postings also allegedly contained statements regarding the prosecutor s impressions of one of the jurors in the case. The motion was ultimately denied. (c) 2010 DLA Piper LLP (US) 29
30 4. Other Uses of Social Networking Sites in Litigation Judges on social networking web sites Can you be Facebook friends with a judge? Florida Judicial Ethics Advisory Committee: A judge may NOT add lawyers who may appear before the judge as "friends" on a social networking site, and permit such lawyers to add the judge as their "friend." South Carolina Advisory Committee on Standards of Judicial Conduct: A judge may be a member of Facebook and be friends with law enforcement officers and employees of the Magistrate as long as they do not discuss anything related to the judge s position as magistrate. (c) 2010 DLA Piper LLP (US) 30
31 4. Other Uses of Social Networking Sites in Litigation Jurors on Social Networking Web Sites United States v. Fumo, No , slip op. 115 (E.D. Pa. Jan. 17, 2009): A juror used Twitter, Facebook, and blogs to post information about the trial during deliberations, prompting the defendant to complain in his post-verdict appeal of conviction. The court found that the juror violated the court s admonition against discussing the details of the trial but that there was no evidence showing that his extra-jury misconduct had a prejudicial impact on the verdict. (c) 2010 DLA Piper LLP (US) 31
32 4. Other Uses of Social Networking Sites in Litigation Jurors on Social Networking Web Sites Trial consultants regularly use internet research as a means of vetting prospective jurors and learning information jurors may not reveal on jury questionnaires or during voir dire, including how they vote, how they spend money, and whether they've spoken out on controversial issues. In a multimillion-dollar civil action in Ohio, plaintiffs counsel discovered that a member of the jury pool listed his status update on Facebook as sitting in hell aka jury duty[.] The judge removed the juror from the jury pool. (c) 2010 DLA Piper LLP (US) 32
33 Conclusion (This presentation used the following articles as resources: Kathrine Minotti, The Advent of Digital Diaries: Implications of Social Networking Web Sites for the Legal Profession, 60 S.C. L. Rev (2009); Sharon Nelson, et al., The Legal Implications of Social Networking, 22 Regent U. L. Rev. 1 ( ); Minnesota State Bar Association, Shannon Awsumb, Social Networking Sites: The Next E-Discovery Frontier, 66-Nov Bench & B. Minn. 22 (2009).) (c) 2010 DLA Piper LLP (US) 33
34 Next Social Media Webinar Social Media & Online Fraud: How you can protect yourself and your organization Gina Durham Partner Trademark, Copyright and Media September 22, :00 pm ET (c) 2010 DLA Piper LLP (US) 34
35 Questions? Questions can be submitted via chat. If they are not answered today, we will try and follow-up or you can me. Kathy Owen DLA Piper LLP (US) 1717 Main Street, Ste 4600 Dallas, TX (c) 2010 DLA Piper LLP (US) 35
RULE 1.1: COMPETENCE. As of January 23, American Bar Association CPR Policy Implementation Committee
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 1.1: COMPETENCE A lawyer shall provide competent representation to a client.
More informationRULE 2.4: LAWYER SERVING
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 2.4: LAWYER SERVING AS THIRD-PARTY NEUTRAL (a) A lawyer serves as a third-party
More informationRULE 1.14: CLIENT WITH DIMINISHED CAPACITY
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 1.14: CLIENT WITH DIMINISHED CAPACITY (a) When a client's capacity to make adequately
More informationRULE 4.2: COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 4.2: COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL In representing a client,
More informationThe Law Library: A Brief Guide
The Law Library: A Brief Guide I. INTRODUCTION Welcome to the Chase Law Library! Law books may at first appear intimidating, but you will gradually find them logical and easy to use. The Reference Staff
More informationRULE 3.8(g) AND (h):
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 3.8(g) AND (h): (g) When a prosecutor knows of new, credible and material evidence
More informationRULE 7.5: FIRM NAMES AND LETTERHEADS
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 7.5: FIRM NAMES AND LETTERHEADS (a) A lawyer shall not use a firm name, letterhead
More informationRULE 1.16: DECLINING OR TERMINATING REPRESENTATION
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 1.16: DECLINING OR TERMINATING REPRESENTATION (a) Except as stated in paragraph
More informationIf you have questions, please or call
SCCE's 17th Annual Compliance & Ethics Institute: CLE Approvals By State The SCCE submitted sessions deemed eligible for general CLE credits and legal ethics CLE credits to most states with CLE requirements
More informationINSTITUTE of PUBLIC POLICY
INSTITUTE of PUBLIC POLICY Harry S Truman School of Public Affairs University of Missouri ANALYSIS OF STATE REVENUES AND EXPENDITURES Andrew Wesemann and Brian Dabson Summary This report analyzes state
More informationRULE 3.1: MERITORIOUS CLAIMS AND CONTENTIONS
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 3.1: MERITORIOUS CLAIMS AND CONTENTIONS A lawyer shall not bring or defend a
More informationAdmitting Foreign Trained Lawyers. National Conference of Bar Examiners Washington, D.C., April 15, 2016
Admitting Foreign Trained Lawyers National Conference of Bar Examiners Washington, D.C., April 15, 2016 Professor Laurel S. Terry Carlisle, Pennsylvania LTerry@psu.edu Overview of Remarks Why this issue
More informationNow is the time to pay attention
Census & Redistricting : Now is the time to pay attention By Kimball Brace, President Election Data Services, Inc. Definitions Reapportionment Allocation of districts to an area Example: Congressional
More informationMandated Use of Prescription Drug Monitoring Programs (PMPs) Map
Mandated Use of Prescription Drug Monitoring Programs (PMPs) Map Research Current as of January 2, 2018. This project was supported by Grant No. G1799ONDCP03A, awarded by the Office of National Drug Control
More information50 State Survey of Bad Faith Law. Does your State encourage bad faith?
A 50 State Survey of Bad Faith Law. Does your State encourage bad faith? Tort Contract Statute/UCPA Tort Contract Assign Statute Tort Statute //Cap AL Ala. Code 1975 Ala. Code 1975 27-12-24 27-12-24 Cap
More information2016 us election results
1 of 6 11/12/2016 7:35 PM 2016 us election results All News Images Videos Shopping More Search tools About 243,000,000 results (0.86 seconds) 2 WA OR NV CA AK MT ID WY UT CO AZ NM ND MN SD WI NY MI NE
More informationCA CALIFORNIA. Ala. Code 10-2B (2009) [Transferred, effective January 1, 2011, to 10A ] No monetary penalties listed.
AL ALABAMA Ala. Code 10-2B-15.02 (2009) [Transferred, effective January 1, 2011, to 10A-2-15.02.] No monetary penalties listed. May invalidate in-state contracts made by unqualified foreign corporations.
More informationRULE 2.9: Ex Parte Communications
AMERICAN BAR ASSOCIATION CPR POLICY IMPLEMENTATION COMMITTEE COMPARISON OF ABA MODEL JUDICIAL CODE AND STATE VARIATIONS RULE 2.9: Ex Parte Communications (A) A judge shall not initiate, permit, or consider
More informationUNIFORM NOTICE OF REGULATION A TIER 2 OFFERING Pursuant to Section 18(b)(3), (b)(4), and/or (c)(2) of the Securities Act of 1933
Item 1. Issuer s Identity UNIFORM NOTICE OF REGULATION A TIER 2 OFFERING Pursuant to Section 18(b)(3), (b)(4), and/or (c)(2) of the Securities Act of 1933 Name of Issuer Previous Name(s) None Entity Type
More informationRULE 7.1: COMMUNICATIONS CONCERNING A LAWYER'S SERVICES
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 7.1: COMMUNICATIONS CONCERNING A LAWYER'S SERVICES A lawyer shall not make a
More informationUniform Wage Garnishment Act
Uniform Wage Garnishment Act Agenda What is it? Why do we need it? Major provisions Enactment 1 Who is the ULC? National Conference of Commissioners for Uniform State Laws Uniform Interstate Family Support
More informationArticle Series: Discoverability of Social Media
Article Series: Discoverability of Social Media By: Elizabeth M. Lally May 29, 2014 Introduction: SOCIAL MEDIA AS A DOCUMENT In this series of articles we will discuss how to obtain social media information
More informationRelationship Between Adult and Minor Guardianship Statutes
RELATIONSHIP DEFINITION STATES TOTAL Integrated Statutory provisions regarding authority over personal AR, DE, FL, IN, IA, KS, KY, MO, NV, NC, OH, OR, 17 matters are applicable to both adults and minors
More informationRIDE Program Overview
RIDE Program Overview Table of Contents 1 Program Overview and the E-Verify Process 2 RIDE by the Numbers 3 Filling a Critical Gap and a Glance at Identity Fraud 4 Fact and Fiction? 5 Benefits of Working
More informationBreakdown of the Types of Specific Criminal Convictions Associated with Criminal Aliens Placed in a Non-Custodial Setting in Fiscal Year 2015
Breakdown the Types Specific Criminal Associated with Criminal Placed in a Non-Custodial Setting in Fiscal Year 2015 The following table below provides a breakdown the types specific criminal convictions
More informationAdmissibility of Electronic Writings: Some Questions and Answers*
John Rubin UNC School of Government Rev d May 19, 2011 Admissibility of Electronic Writings: Some Questions and Answers* The defendant allegedly made a statement in the form of an email, text message,
More informationNATIONAL VOTER REGISTRATION DAY. September 26, 2017
NATIONAL VOTER REGISTRATION DAY September 26, 2017 THE PROBLEM Every year millions of Americans find themselves unable to vote because they miss a registration deadline, don t update their registration,
More informationRULE 2.10: Judicial Statements on Pending and Impending Cases
AMERICAN BAR ASSOCIATION CPR POLICY IMPLEMENTATION COMMITTEE COMPARISON OF ABA MODEL CODE OF JUDICIAL CONDUCT AND STATE VARIATIONS RULE 2.10: Judicial Statements on Pending and Impending Cases (A) A judge
More informationGoverning Board Roster
AASA Governance AASA is the national association most directly concerned with public education leadership. Its practicing superintendents and other school system leaders establish and oversee AASA's goals.
More informationAdmitting Foreign-Trained Lawyers. Professor Laurel S. Terry Penn State Dickinson School of Law Carlisle, Pennsylvania
Admitting Foreign-Trained Lawyers National Conference of Bar Examiners Seattle, May 3, 2014 Professor Laurel S. Terry Penn State Dickinson School of Law Carlisle, Pennsylvania LTerry@psu.edu Overview of
More informationTABLE OF CONTENTS. Introduction. Identifying the Importance of ID. Overview. Policy Recommendations. Conclusion. Summary of Findings
1 TABLE OF CONTENTS Introduction Identifying the Importance of ID Overview Policy Recommendations Conclusion Summary of Findings Quick Reference Guide 3 3 4 6 7 8 8 The National Network for Youth gives
More informationSocial Media & The Courts
Social Media & The Courts Presented By: Jonathan C. Hancock, Esq. Whitney M. Harmon, Esq. Baker Donelson Bearman Caldwell & Berkowitz Jhancock@bakerdonelson.com Wharmon@bakerdonelson.com The Big Fight:
More informationCongressional Districts Potentially Affected by Shipments to Yucca Mountain, Nevada
2015 Congressional Districts Potentially Affected by Shipments to Yucca Mountain, Nevada Fred Dilger PhD. Black Mountain Research 10/21/2015 Background On June 16 2008, the Department of Energy (DOE) released
More informationRIDE Program Overview
RIDE Program Overview Region IV Annual Conference May 2017 Table of Contents 1 2 3 Program Overview and the E-Verify Process Fact and Fiction Filling a Critical Gap and a Glance at Identity Fraud? 4 RIDE
More informationGraduation and Retention Rates of Nonresidents by State
Graduation and Retention Rates of Nonresidents by State March 2011 Highlights: California, Illinois, and Texas are the states with the largest numbers of nonresidents. Students from Ohio and Wyoming persist
More informationAdmissibility of Social Media Evidence in Illinois
BY RICHARD S. KLING, KHALID HASAN, AND MARTIN D. GOULD RICHARD S. KLING is a practicing criminal defense attorney and Clinical Professor of Law at Chicago Kent College of Law in Chicago, where he has been
More informationWeb 2.0 to the Rescue Using the Internet to Bolster Your Defense
Web 2.0 to the Rescue Using the Internet to Bolster Your Defense Christy M. Mennen Nilan Johnson Lewis 400 One Financial Plaza 120 South Sixth St. Minneapolis, Minnesota 55402 (612) 305-7520 (612) 305-7501
More informationGeek s Guide, Election 2012 by Prof. Sam Wang, Princeton University Princeton Election Consortium
Geek s Guide, Election 2012 by Prof. Sam Wang, Princeton University Princeton Election Consortium http://election.princeton.edu This document presents a) Key states to watch early in the evening; b) Ways
More informationEvidence. Admissibility of Social Media Evidence in Illinois
January 2017 Volume 105 Number 1 Page 38 The Magazine of Illinois Lawyers Evidence Admissibility of Social Media Evidence in Illinois By Richard S. Kling, Khalid Hasan, and Martin D. Gould Social media
More informationCRAIN S CLEVELAND BUSINESS
PAID CIRCULATION CRAIN S CLEVELAND BUSINESS Cleveland, Ohio 44113 FIELD SERVED: CRAIN S CLEVELAND BUSINESS serves the general business information needs of executives, managers and professionals in the
More informationa rising tide? The changing demographics on our ballots
a rising tide? The changing demographics on our ballots OCTOBER 2018 Against the backdrop of unprecedented political turmoil, we calculated the real state of the union. For more than half a decade, we
More informationJanuary 17, 2017 Women in State Legislatures 2017
January 17, 2017 in State Legislatures 2017 Kelly Dittmar, Ph.D. In 2017, 1832 women (1107D, 703R, 4I, 4Prg, 1WFP, 13NP) hold seats in state legislatures, comprising 24.8% of the 7383 members; 442 women
More informationConstitution in a Nutshell NAME. Per
Constitution in a Nutshell NAME Per Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote
More informationRegulating Lawyers in a Global Arena. Conference of Chief Justices Midyear Meeting, Sea Island, Georgia Jan. 28, 2014
Regulating Lawyers in a Global Arena Conference of Chief Justices Midyear Meeting, Sea Island, Georgia Jan. 28, 2014 Professor Laurel S. Terry Penn State Dickinson School of Law Carlisle, Pennsylvania
More informationJames Gleick, in his acclaimed recent book The
Use of Social Networking Sites in Mass Tort Litigation A Defense Perspective by Stuart M. Feinblatt, Beth S. Rose and Gwen L. Coleman James Gleick, in his acclaimed recent book The Information, describes
More informationChart #5 Consideration of Criminal Record in Licensing and Employment CHART #5 CONSIDERATION OF CRIMINAL RECORD IN LICENSING AND EMPLOYMENT
CHART #5 CONSIDERATION OF CRIMINAL RECORD IN LICENSING AND EMPLOYMENT State AL licensing, public and private (including negligent hiring) licensing and public licensing only public only Civil rights restored
More informationKansas Legislator Briefing Book 2019
Kansas Legislator Briefing Book 2019 I-1 Addressing Abandoned Property Using Legal Tools I-2 Administrative Rule and Regulation Legislative Oversight I-3 Board of Indigents Defense Services I-4 Election
More informationWe re Paying Dearly for Bush s Tax Cuts Study Shows Burdens by State from Bush s $87-Billion-Every-51-Days Borrowing Binge
Citizens for Tax Justice 202-626-3780 September 23, 2003 (9 pp.) Contact: Bob McIntyre We re Paying Dearly for Bush s Tax Cuts Study Shows Burdens by State from Bush s $87-Billion-Every-51-Days Borrowing
More informationElection Cybersecurity, Voter Registration, and ERIC. David Becker Executive Director, CEIR
Election Cybersecurity, Voter Registration, and ERIC David Becker Executive Director, CEIR SECURING THE VOTER FILE Prevention Detection Mitigation Prevention White-listing IP addresses Limiting
More informationPolitical Contributions Report. Introduction POLITICAL CONTRIBUTIONS
Political Contributions Report January 1, 2009 December 31, 2009 Introduction At CCA, we believe that participation in the political process is an important and appropriate part of our partnership relations
More informationReporting and Criminal Records
A project funded by U.S. Department of Labor and U.S. Department of Justice Reporting and Criminal Records Considerations for Writing about People Who Have Criminal Histories June 13, 2018 Presenters Corinne
More informationHouse Apportionment 2012: States Gaining, Losing, and on the Margin
House Apportionment 2012: States Gaining, Losing, and on the Margin Royce Crocker Specialist in American National Government August 23, 2013 CRS Report for Congress Prepared for Members and Committees
More informationA contentious election: How the aftermath is impacting education
Amy L Dagley, Ph.D. University of Alabama Birmingham Brittany Larkin, Ph.D. Auburn University ELA Annual Conference, San Diego, 2017 A contentious election: How the aftermath is impacting education Each
More informationState Health Policy What s the Message and Who s Listening? Ellen Jones, PhD (ABD), CHES
State Health Policy What s the Message and Who s Listening? Ellen Jones, PhD (ABD), CHES Art and Science Science of Communicating Health Policy 46 million people $128 billion $81 billion medical 750,000
More informationState Governments Viewed Favorably as Federal Rating Hits New Low
APRIL 15, 2013 State Governments Viewed Favorably as Federal Rating Hits New Low FOR FURTHER INFORMATION CONTACT THE PEW RESEARCH CENTER FOR THE PEOPLE & THE PRESS Michael Dimock Director Carroll Doherty
More informationPrison Price Tag The High Cost of Wisconsin s Corrections Policies
Prison Price Tag The High Cost of Wisconsin s Corrections Policies November 19, 2015 Wisconsin s overuse of jails and prisons has resulted in outsized costs for state residents. By emphasizing high-cost
More information2016 NATIONAL CONVENTION
Delegate Allocations and Region Formation 2016 NATIONAL CONVENTION ROSEN CENTRE, ORLANDO, FL FRIDAY, MAY 27 MONDAY, MAY 30 Written and Prepared By Alicia Mattson Secretary, Libertarian National Committee
More informationA SUMMARY OF THE SHORT, SUMMARY, AND EXPEDITED CIVIL ACTION PROGRAMS AROUND THE COUNTRY
A SUMMARY OF THE SHORT, SUMMARY, AND EXPEDITED CIVIL ACTION PROGRAMS AROUND THE COUNTRY N.D. Cal. Expedited General Order No. 64 2011 Voluntary Absent agreement, limited to 10 interrogatories, 10 requests
More informationDiscovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class
Presenting a live 90-minute webinar with interactive Q&A Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class Strategically Limiting Discovery
More information2018 NATIONAL CONVENTION
Delegate Allocations and Region Formation 2018 NATIONAL CONVENTION HYATT REGENCY, NEW ORLEANS, LA SUNDAY, JULY 1 TUESDAY JULY 3 Written and Prepared By Alicia Mattson Secretary, Libertarian National Committee
More informationHistorically, state PM&R societies have operated as independent organizations that advocate on legislative and regulatory proposals.
PROMOTING STATE PM&R ADVOCACY NEXT STEPS Historically, state PM&R societies have operated as independent organizations that advocate on legislative and regulatory proposals. PROMOTING STATE PM&R ADVOCACY
More informationAdmissibility of Electronic Writings: Some Questions and Answers*
John Rubin, May 2011 UNC School of Government Rev d by Shea Denning, April 2013 Admissibility of Electronic Writings: Some Questions and Answers* The defendant allegedly made a statement in the form of
More informationNATIONAL VOTER SURVEY. November 30 December 3, 2017 N = 1,200 respondents (1/3 Landline, 1/3 Cell, 1/3 Internet) margin of error: +/- 2.
NATIONAL VOTER SURVEY N = 1,200 respondents (1/3 Landline, 1/3 Cell, 1/3 Internet) margin of error: +/- 2.83% 1 For reference: the 2018 map. When we refer to competitive 2018 Senate states, we are referring
More informationEffective Dispute Resolution Systems and the Vital Role of Stakeholders
Effective Dispute Resolution Systems and the Vital Role of Stakeholders Region 4 PTAC Summer Working Meeting June 24-25, 2015 Traverse City, Michigan Philip Moses Associate Director The human brain is
More informationThe Progressive Era. 1. reform movement that sought to return control of the government to the people
Date CHAPTER 17 Form A CHAPTER TEST The Progressive Era Part 1: Main Ideas Write the letter of the term or name that best matches each description. (4 points each) a. Federal Trade Commission f. Susan
More informationThe Progressive Era. Part 1: Main Ideas. Write the letter of the best answer. (4 points each)
Date CHAPTER 9 Form C CHAPTER TEST The Progressive Era Part 1: Main Ideas Write the letter of the best answer. (4 points each) 1. Which of the following was not a result of the introduction of the assembly
More informationREINSURANCE ASSOCIATION OF AMERICA REINSURANCE EDUCATION INSTITUTE RE CLAIMS New York, NY October 12-13, 2017
REINSURANCE ASSOCIATION OF AMERICA REINSURANCE EDUCATION INSTITUTE RE CLAIMS 2017 New York, NY October 12-13, 2017 SOCIAL MEDIA USE IN CLAIMS HANDLING Daniel I. Prywes Partner Morris, Manning & Martin,
More informationSocial Media Admissions in Insurance Litigation: Investigative Strategies, Spoliation Warnings, Use of Subpoenas to Obtain Evidence
Presenting a live 90-minute webinar with interactive Q&A Social Media Admissions in Insurance Litigation: Investigative Strategies, Spoliation Warnings, Use of Subpoenas to Obtain Evidence Finding and
More informationON SOCIAL MEDIA SEARCHES OF JURORS BEFORE, DURING, AND AFTER TRIAL Featuring a One Act Mock Hearing before The Honorable Marc Treadwell
ON SOCIAL MEDIA SEARCHES OF JURORS BEFORE, DURING, AND AFTER TRIAL Featuring a One Act Mock Hearing before The Honorable Marc Treadwell Counsel: For the State: Counsel: For Defendant: Moderator/Court Clerk:
More informationSTATE TAX DEPARTMENT POLICY TRENDS INCLUDING NEXUS POSITIONS
STATE TAX DEPARTMENT POLICY TRENDS INCLUDING NEXUS POSITIONS Analyzing BNA s 2015 Survey of State Tax Departments Steven Roll, Bloomberg BNA, sroll@bna.com Background Bloomberg BNA Survey of State Tax
More informationBy 1970 immigrants from the Americas, Africa, and Asia far outnumbered those from Europe. CANADIAN UNITED STATES CUBAN MEXICAN
In Search of the American Dream After World War II, millions of immigrants and citizens sought better lives in the United States. More and more immigrants came from Latin America and Asia. Between 940
More information14 Pathways Summer 2014
14 Pathways Summer 2014 Pathways Summer 2014 15 Does Immigration Hurt the Poor? By Giovanni Peri The United States has a famously high poverty rate. In recent years, the Great Recession and the slow recovery
More informationUpdate on State Judicial Issues. William E. Raftery KIS Analyst Williamsburg, VA
Update on State Judicial Issues William E. Raftery KIS Analyst Williamsburg, VA Overview Legislative Activity 2013 2013 & 2014 at the ballot box Jurisdiction International law/sharia bans 38 bills, 16
More informationThe Social Media Goldmine: Maximizing Investigation Results
CLM 2016 National Construction Claims Conference September 28-30, 2016 San Diego, CA The Social Media Goldmine: Maximizing Investigation Results I. Capitalize on the Social Media Goldmine The enormous
More informationPREVIEW 2018 PRO-EQUALITY AND ANTI-LGBTQ STATE AND LOCAL LEGISLATION
PREVIEW 08 PRO-EQUALITY AND ANTI-LGBTQ STATE AND LOCAL LEGISLATION Emboldened by the politics of hate and fear spewed by the Trump-Pence administration, state legislators across the nation have threatened
More informationSPECIAL EDITION 11/6/14
SPECIAL EDITION 11/6/14 The document below will provide insights on what the new Senate Majority means, as well as a nationwide view of House, Senate and Gubernatorial election results. We will continue
More informationKevin Lashus FisherBroyles, LLP Austin, TX. Copyright FisherBroyles, LLP
Kevin Lashus FisherBroyles, LLP Austin, TX Copyright FisherBroyles, LLP Nov. 14, 2016 U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification
More informationSupreme Court Decision What s Next
Supreme Court Decision What s Next June 3, 2015 Provided by Avalere Disclaimer Organizations may not re use material presented at this AMCP webinar for commercial purposes without the written consent of
More informationMigrant and Seasonal Head Start. Guadalupe Cuesta Director, National Migrant and Seasonal Head Start Collaboration Office
Migrant and Seasonal Head Start Guadalupe Cuesta Director, National Migrant and Seasonal Head Start Collaboration Office The Migrant Seasonal Head Start (MSHS) program is one of the largest community based
More informationNew Population Estimates Show Slight Changes For 2010 Congressional Apportionment, With A Number of States Sitting Close to the Edge
67 Emerywood Court Manassas, Virginia 202 202 789.2004 tel. or 703 580.7267 703 580.6258 fax Info@electiondataservices.com EMBARGOED UNTIL 6:0 P.M. EST, SUNDAY, SEPTEMBER 26, 200 Date: September 26, 200
More informationWYOMING POPULATION DECLINED SLIGHTLY
FOR IMMEDIATE RELEASE Wednesday, December 19, 2018 Contact: Dr. Wenlin Liu, Chief Economist WYOMING POPULATION DECLINED SLIGHTLY CHEYENNE -- Wyoming s total resident population contracted to 577,737 in
More informationBylaws of the Prescription Monitoring Information exchange Working Group
Bylaws of the Prescription Monitoring Information exchange Working Group ` Table of Contents Table of Contents... 2 Article I. Introduction... 6 Article II. Purpose... 6 Article III. Membership... 6 Article
More information/mediation.htm s/adr.html rograms/adr/
Alaska Alaska Court System AK http://www.state.ak.us/courts /mediation.htm A variety of programs are offered in courts throughout the state. Alabama Arkansas Alabama Center for AL http://www.alabamaadr.org
More informationPro-Choice Postcard Party Toolkit
Pro-Choice Postcard Party Toolkit Tell your state lawmakers to make pro-choice policies a priority in 2019! Before state legislators arrive in statehouses in 2019, we have to send the message that their
More informationRegional CLE Program:
Regional CLE Program: Real Estate Litigation From Soup to Nuts Ethics, Emerging Technologies, and a Perspective from the Bench December 6, 2018 Balch & Bingham LLP 1901 6th Avenue North, Suite 1500 Birmingham,
More informationA Dead Heat and the Electoral College
A Dead Heat and the Electoral College Robert S. Erikson Department of Political Science Columbia University rse14@columbia.edu Karl Sigman Department of Industrial Engineering and Operations Research sigman@ieor.columbia.edu
More informationFSC-BENEFITED EXPORTS AND JOBS IN 1999: Estimates for Every Congressional District
FSC-BENEFITED EXPORTS AND JOBS IN 1999: Estimates for Every Congressional District Prepared for National Foreign Trade Council July 2, 2002 National Economic Consulting FSC-BENEFITED EXPORTS AND JOBS IN
More informationElection 2014: The Midterm Results, the ACA and You
Election 2014: The Midterm Results, the ACA and You James Slotnick, JD Sun Life Financial AVP, Broker Education Join the conversation on Twitter using #SLFElection2014 The Midterm Results The Outlook for
More informationPromoting Second Chances: HR and Criminal Records
AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN Adult arrests without charges; records with inaccuracies Only cases of mistaken identity or false accusations are expungeable No expungement or sealing permitted
More informationCOMPARISON OF ABA MODEL RULE FOR PRO HAC VICE ADMISSION WITH STATE VERSIONS AND AMENDMENTS SINCE AUGUST 2002
As of January 26, 2017 2017 American Bar Association AMERICAN BAR ASSOCIATION CENTER FOR PROFESSIONAL RESPONSIBILITY CPR POLICY IMPLEMENTATION COMMITTEE COMPARISON OF ABA MODEL RULE FOR PRO HAC VICE ADMISSION
More informationNext Generation NACo Network BYLAWS Adopted by NACo Board of Directors Revised February, 2017
Next Generation NACo Network BYLAWS Adopted by NACo Board of Directors Revised February, 2017 I. NAME The name of the organization shall be Next Generation NACo Network, hereinafter called NextGen. NACo
More informationThe Youth Vote in 2008 By Emily Hoban Kirby and Kei Kawashima-Ginsberg 1 Updated August 17, 2009
The Youth Vote in 2008 By Emily Hoban Kirby and Kei Kawashima-Ginsberg 1 Updated August 17, 2009 Estimates from the Census Current Population Survey November Supplement suggest that the voter turnout rate
More informationState Data Breach Laws
State Data Breach Laws 1 Alaska Personal information means a combination of (A) an individual s name;... and (B) one or more of the following information elements: (i) the individual s social security
More informationReview and Use of Evidence from Social Media
Review and Use of Evidence from Social Media NYSBA Bridging the Gap Mark A. Berman Ignatius A. Grande March 19, 2015 What is Social Media? Interactive Internet-based tools that enhance the sharing of information
More informationPresentation to the Bakery, Confectionery, Tobacco Workers and Grain Millers' International Union. Paul Lemmon July 26, 2010
Presentation to the Bakery, Confectionery, Tobacco Workers and Grain Millers' International Union Paul Lemmon July 26, 2010 Our Hard Work in 2006 Our Hard Work in 2008 Who We re Fighting Speaker Boehner?
More informationNYCLA COMMITTEE ON PROFESSIONAL ETHICS FORMAL OPINION. No.: 743. Date Issued: May 18, 2011
NYCLA COMMITTEE ON PROFESSIONAL ETHICS FORMAL OPINION No.: 743 Date Issued: May 18, 2011 TOPIC: Lawyer investigation of juror internet and social networking postings during conduct of trial. DIGEST: It
More informationLegal Ethics of Metadata or Mining for Data About Data
Legal Ethics of Metadata or Mining for Data About Data Peter L. Ostermiller Attorney at Law 239 South Fifth Street Suite 1800 Louisville, KY 40202 peterlo@ploesq.com www.ploesq.com Overview What is Metadata?
More informationELECTORAL COLLEGE AND BACKGROUND INFO
ELECTORAL COLLEGE AND BACKGROUND INFO 1. Go to www.270towin.com and select the year 2000 2. How many total popular votes did George W. Bush receive? Al Gore? 3. How many total electoral votes did George
More informationBYLAWS OF THE NATIONAL STUDENT SPEECH LANGUAGE HEARING ASSOCIATION
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 BYLAWS OF THE NATIONAL STUDENT SPEECH LANGUAGE HEARING ASSOCIATION ARTICLE I Name Section
More informationOnline Appendix. Table A1. Guidelines Sentencing Chart. Notes: Recommended sentence lengths in months.
Online Appendix Table A1. Guidelines Sentencing Chart Notes: Recommended sentence lengths in months. Table A2. Selection into Sentencing Stage (1) (2) (3) Guilty Plea Dropped Charge Deferred Prosecution
More information