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Inside Legal Blogs [By Jeff] This week’s legal blog roundup comes to you from the former-Soviet state of Blogovenia, a sovereign nation that exists solely online. Based on my expertise in matters both legal and online, I have been invited by the nation’s Council of Elders to assist in drafting a Constitution/Terms of Service Agreement. In the meantime, chew on this assortment of news from the law blogosphere.
In an update on a blogworthy news story from
a convincing argument in support of corporate
Elefant of MyShingle points out that this is not
a few weeks ago, the judge in the Google case
blogging on Between Lawyers. She argues that
the first time Lerner has run afoul with the
is forcing the company to hand over search-
corporate blogophobia is virtually baseless.
State Bar of Nevada. He previously got into
query records to the U.S. government, but the
While bosses fear a public airing of grievances
trouble over a TV ad where a novelty oversized
government has announced a compromise,
on blogs and the legal risks associated with
telephone falls on a person. The Bar feared
requesting less data from Google. Rick
confidential information being dispersed on the
that this could create anxiety relating to novelty
Georges at Futurelawyer asks if giving up a
Internet, Howell asserts that interoffice gossip
oversized telephones. Lerner claims to be
little privacy is like being a little pregnant.
is the greater danger. Bloggers are aware
challenging the Bar’s recent ruling. Another
that their forum is public and tailor their posts
interesting development in the story involves a
Last week’s developments in the blogtastic
accordingly. If bosses establish the necessary
seemingly unrelated ad for a Kentucky attorney
Zacarias Moussaoui case gave law bloggers
blogging protocol, there is little to fear. In
who not only calls himself “the Heavy Hitter,”
a lot to ponder. The prosecution botched
private, however, employees feel freer to bash
but uses the exact same logo as Lerner.
its death-penalty case against alleged 9/11
the company or give out corporate secrets.
Kentuckian Cowgill raises several interesting
co-conspirator Moussaoui by inappropriately
Ten or fifteen years ago, the use of corporate
questions about this conundrum here.
coaching witnesses, including emailing a
email was limited compared to today. Now, it
witness transcripts of the opening statements
is recognized as an indispensable business
Another ridiculous item from last week comes
and other witnesses’ testimonies. This caused
tool. Though there are always risks that go
to us from an unlikely source: bankruptcy
the government to basically forfeit the death
with enabling easy and free communication,
court. San Antonio bankruptcy judge Leif Clark
penalty for Moussaoui and may result in jail
Howell puts corporate blogging low on the list
saw fit to cite the classic Adam Sandler film
time for a TSA attorney. My favorite analysis
of threats to the corporate world.
Billy Madison in response to a defendant’s motion. The Bankruptcy Litigation Blog posted
of this prickly issue came from David Zarang at Concurring Opinions. Zarang has sympathy
Speaking of harmless activities, a few weeks
for the TSA attorney, saying she was just
ago, a news item about Nevada attorney Glen
for the case Dean Wormer v. Animal House.
trying to keep her witnesses informed. Other
Lerner was passed around the blogosphere.
Reproduced below is the relevant text.
bloggers disagreed, but few could muster
Poor Glen’s law practice was dealt a blow by
much sympathy for Moussaoui himself, who
the State Bar of Nevada when it ruled that
“Before the court is a motion entitled
has turned his trial into a circus by repeatedly,
his ads were false and misleading. While
‘Defendant’s Motion to Discharge Response
and loudly, declaring his loyalty to Osama bin
monitoring attorneys for inappropriate
to Plaintiff’s Response to Defendant’s
Laden in the courtroom.
advertising is an important function of state
Response Opposing Objection to Discharge.’
bars, this case seems a little extreme. Ben
As background, this adversary was
In the past few years, corporations have begun
Cowgill’s blog, Ben Cowgill on Legal Ethics,
commenced on December 14, 2005, with the
to exploit blogs for their potential as marketing
offered a thorough editorial analysis of the
filing of the plaintiff’s complaint objecting to
tools. Given their low cost of maintenance,
matter. Lerner’s Las Vegas-based TV ads
the debtor’s discharge. Defendant answered
blogs would seem to be ideal for the business
boasted that he was “the Heavy Hitter.” The
the complaint on January 12, 2006. Plaintiff
world. Many companies, however, have shied
Nevada Bar decided that this was misleading
responded to the Defendant’s answer on
away from the blogosphere, fearing the
because Lerner is not the only Heavy Hitter in
January 26, 2006. On February 3, 2006,
uncensored diatribes of bloggers. According
Nevada. Presumably, Lerner would be allowed
Defendant filed the above entitled motion.
to Socialtext, only 24 Fortune 500 companies
to advertise himself as “a Heavy Hitter” or “one
The court cannot determine the substance,
are currently blogging. Denise Howell penned
of many Heavy Hitters in the area.” Carolyn
if any, of the Defendant’s legal argument,
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the judge’s text, which seems better suited
continued on back
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nor can the court even ascertain the relief
“Mr. Madison, what you’ve just said is one
It defies plausibility, but it does show that
that the Defendant is requesting. The
of the most insanely idiotic things I’ve
bankruptcy judges have a better sense of
Defendant’s motion is accordingly denied for
ever heard. At no point in your rambling,
humor than we all imagined. Next week, the
being incomprehensible.”
incoherent response was there anything that
judge in the Enron case will reveal his favorite
could even be considered a rational thought.
quotes from Police Academy 5: Assignment
Or, in the words of the competition judge
Everyone in this room is now dumber for
Miami Beach. Be there!
to Adam Sandler’s character of the same
having listened to it. I award you no points,
name in the movie Billy Madison, after
and may God have mercy on your soul.”
Billy Madison had responded to a question with an answer that sounded superficially reasonable, but lacked any substance:
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Deciphering motions like the one presented here wastes valuable chamber staff time and invites this sort of footnote.
Jeff is a writer from Los Angeles, CA. Currently, he is the moderator of the message boards at Judged.com, the largest insider source of law firm information.