ABC Inc. v. Aereo: The Supreme Court Decides the Future of Cloud

Last week the Supreme Court heard oral argument in ABC, Inc. v. Aereo. The case directly involves copyright but can also have implications for the cloud generally, insofar as much of the content that is uploaded and stored by cloud companies is subject to copyright. Very sharp are lawyers involved, including Paul Clement, who is […]

Lawyers: How $75 Costs $25,000

There is nothing quite like receiving a bill from a lawyer for less than an hour of billable work. Never has a lawyer successfully communicated so many messages by using so few words. To clarify a bit, I’m not referring to a lawyer passing me a bill from a third-party court reporter, or for reimbursement […]

The Worst Business Lawyer Habit: "Punchbowling"

In 5 Bad Habits of Business Lawyers we listed some ways that business lawyers can actually destroy value in business transactions. One of those ways – a personal favorite – was what we colloquially labeled as “putting a turd in the punch bowl”; that is, inventing difficult issues or giving (likely) trivial issues the same […]

Statement Analysis: Unusual Truth Indicators For Lawyers

Second of a 2-part series on Statement Analysis. Part 1: Statement Analysis: A Compelling Discovery Tool For Lawyers. “Self-editing” is one concept used in Statement Analysis to assess truth and to signal whether a particular subject matter may justify further, or more precise, inquiry. Another useful concept is recognizing whether a particular statement fits into […]

Statement Analysis: A Compelling Discovery Tool For Lawyers

First of a 2-part series on Statement Analysis. Part 2: Statement Analysis: Unusual Truth Indicators For Lawyers. Recently, “statement analysis” has become a popular topic of discussion. It’s something I’ve personally found intriguing and possibly highly useful to lawyers. Generally, “statement analysis” refers to the practice of mining specific statements for subtle, unintentional clues concerning […]

Excel Tip: Identify Duplicates In Data Lists

Today I was working with two reasonably long lists of data and I needed to quickly see whether data contained in List1 was also contained in List2. Excel® can help with this. Assume two simple lists of data, below: A B C 1 List 1 List 2 2 Jeff Mike 3 Larry Sam 4 Jill […]

Excel Tip: How to Create Simple Macros

Ever find yourself working with an Excel® spreadsheet, continually repeating the same set of keystrokes over and over again? For instance, you might be analyzing a few hundred rows of client data and deleting rows that, for whatever reason, you don’t need. Repeatedly you use the drop down menu to plod through the sequence: “Edit […]

Aggressive Cross-Examination in the Jodi Arias Trial: Effective?

For the last several weeks, my evenings have been largely occupied with watching the Jodi Arias murder trial. For those of you who are unfamiliar with the case, the Arizona trial involves the brutal killing of a young man, Travis Alexander, in 2008. His former girlfriend, Jodi Arias, is charged with first degree murder and […]

4 Unusual Listening Tricks for Lawyers

Good communication is at the foundation of virtually every relationship.  For lawyers, the ability to communicate well is a skill that influences the outcome of just about everything that takes place during a typical day. Delegating tasks to co-workers, persuading a judge or jury, working with opposing counsel, understanding a client’s objectives – the success […]