IT Projects: Expert Witness, CIO, In-House Counsel & Litigation Forum

Technologically Challenged Lawyer Suspended

An attorney was suspended for three months by the Kansas Supreme Court for, among other things, failing to obtain a login name and password to comply with the U.S. Bankruptcy Court's e-filing requirements.¹

The respondent-attorney attempted to file a bankruptcy case by submitting paper pleadings rather than e-filing. The bankruptcy court sent Respondent an order advising that petitions and other pleadings must be filed electronically. The court ordered Respondent to attend the required training, pass the examination, and obtain a login name and password within 30 days. Respondent failed to comply with the order.

An attorney was suspended for three months by the Kansas Supreme Court for, among other things, failing to obtain a login name and password to comply with the U.S. Bankruptcy Court's e-filing requirements.¹

The respondent-attorney attempted to file a bankruptcy case by submitting paper pleadings rather than e-filing. The bankruptcy court sent Respondent an order advising that petitions and other pleadings must be filed electronically. The court ordered Respondent to attend the required training, pass the examination, and obtain a login name and password within 30 days. Respondent failed to comply with the order.

Reasonable Suspicion not Required for Laptop Search at Int'l Airport

First it was your shoes; then your cosmetics; not it's your LAPTOP!  What's next?    Warren

From: MSBA Computer and Technology Law Section: The Official Blog of the Minnesota State Bar Association's Computer and Technology Law Section. http://mntech.typepad.com/msba/ 5/23/08

Generally, border search agents are given wide lattitude to conduct searches relative the reasonableness of suspicion¹ and, which provides an exception to the warrant requirement.² 

Some time ago, I posted a story concerning a border exception to the warrant requirement, where a border agent inspected a laptop and discovered contraband (click here).  From the Ninth Circuit, U.S. v. Arnold, we have a similar underlying fact situation, except that the question before the court concerns the reasonableness of the intrusion

"Next Life" by Woody Allen

 "In my next life I want to live my life backwards.

You start out dead and get that out of the way. Then you wake up in an old people's home feeling better every day. You get kicked out for being too healthy, go collect your pension, and then when you start work, you get a gold watch and a party on your first day. You work for 40 years until you're young enough to enjoy your retirement. You party, drink alcohol, and are generally promiscuous, then you are ready for high school. You then go to primary school, you become a kid, you play. You have no responsibilities, you become a baby until you are born.

And then you spend your last 9 months floating in luxurious spa-like conditions with central heating and room service on tap, larger quarters every day and then Voila! You finish off as an orgasm!

I rest my case."

 

Well, asks Warren, what's your case?

Be Mindful Of IT Workers' Age Groups

In most companies, the policies and practices used to motivate the workforce were established with older generations, the traditionalists and baby boomers, in mind. However, the mind-sets of the younger generations, Generation Xers and millennials, are markedly different. IT leaders need to craft the cultures of their organizations to ensure that all technology workers have the highest motivation levels.

Traditionalists, born between 1900 and 1945, are comfortable with a command-and-control managerial style primarily because they believe it was effective in World War II.

Court Rules Retention Of Draft Expert Reports Is Not Necessary

Although this information was originally posted in May 2007 at http://www.fulcruminquiry.com/Draft_Expert_Report_Retention.htm , I believe it can be instructive today.  What have you seen or done in your law or expert witness practices?  WSR

The obligation to retain and produce drafts of expert reports in discovery is becoming a common dispute area. Using current word processing technology, such drafts are often not reduced to paper. Typically, the party seeking additional discovery contends that the expert witness should produce emails and/or report drafts that were provided to employing counsel.

Just in Time: The Ultimate Mother's Day Song!

After years of parenting, comedian, author, and mother, Anita Renfroe put almost all of the things we tell our children to the William Tell Overture and the result is an Internet phenomenon -- over 7,000,000 hits. Mom's will enjoy -- and some kinds may come away thinking maybe their mom was not so weird after all. Enjoy at http://www.youtube.com/watch?v=o6P2w5GkXmU&feature=related

Integration can kill otherwise kill successful ERP implementations

Over half of silicon.com's CIO Jury panel believes integration issues are increasingly becoming a major obstacle to the successful implementation of complex ERP systems.

This comes after furniture chain MFI issued a profits warning after the botched rollout of an SAP-based supply chain system that led to customer orders being sent out incomplete; the problem will now cost £30m to correct.

Integration issues appear to have been the key to the problems, with SAP claiming there have been no issues with its software. We asked our CIO Jury if the complexity of integrating ERP systems is getting worse and hampering projects.

If at First You Don't Succeed, You are in Good Company!

From: The Wall Street Journal April 29, 2008; HEALTH JOURNAL ,By MELINDA BECK Page D1

In her new autobiography, "Home," Julie Andrews tells of taking a screen test for MGM studios when she was 12 years old. "They needed to gussy me up a bit because I was so exceedingly plain," she writes. "The final determination was 'She's not photogenic enough for film.'"

LondonJ.K. Rowling's book about a boy wizard was rejected by 12 publishers before a small  house picked up "Harry Potter and the Philosopher's Stone." Decca Records turned down a contract with the Beatles, saying "We don't like their sound." Walt Disney was fired by a newspaper editor who said he "lacked imagination." Michael Jordan was cut from his high-school varsity basketball team sophomore year.

What makes some people rebound from defeats and go on to greatness while others throw in the towel? Psychologists call it "self-efficacy," the unshakable belief some people have that they have what it takes to succeed.

Internet Archive (archive.org) may provide inculpatory forensic evidence

In case now pending in the district court of Colorado, presided over by that court's embattled Chief Judge Edward Nottingham, the Internet Archive may prove to be a source of incriminating forensic evidence.

Briefly, the case arises from allegations that a resort's ski instructor raped a teenage girl. The girl and her family have sued the resort, noting that it gave assurances that any ski instructor working with children must have a "clean criminal record."  Read full story. The accused instructor, in fact, has a lenghty rap sheet.

In its response to the lawsuit, the resort contended that it never promised that criminal checks were performed on employees and supplied copies of its Web pages to support the contention.  However, the family's attorney said that the supplied offers-of-proof are phony, noting that a search of old Web pages on www.archive.org revealed that the resort had, in fact, made such representations since 2002.  Moreover, he said, the archive site contained no pages similar to the ones that the resort supplied. "As the record now stands before the court, it appears that [the resort's] affidavits are false and misleading, the alleged copy of [the resort's] Web site is fabricated and [the resort] has attempted to destroy evidence."

Posted by Sean Harrington on March 20, 2008 at 04:34 PM in Technology and the Law | Permalink | TrackBack (0)

Briefly, the case arises from allegations that a resort's ski instructor raped a teenage girl. The girl and her family have sued the resort, noting that it gave assurances that any ski instructor working with children must have a "clean criminal record."  Read full story. The accused instructor, in fact, has a lenghty rap sheet.

In its response to the lawsuit, the resort contended that it never promised that criminal checks were performed on employees and supplied copies of its Web pages to support the contention.  However, the family's attorney said that the supplied offers-of-proof are phony, noting that a search of old Web pages on www.archive.org revealed that the resort had, in fact, made such representations since 2002.  Moreover, he said, the archive site contained no pages similar to the ones that the resort supplied. "As the record now stands before the court, it appears that [the resort's] affidavits are false and misleading, the alleged copy of [the resort's] Web site is fabricated and [the resort] has attempted to destroy evidence."