The Legal Intelligencer Blog

Fresh Ink: Inside Today's Legal

Welcome to your Monday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is the next in our series of firm financials, this time taking a look at Fox Rothschild. As reporter Zack Needles writes, the firm increased revenue by 7.3 percent and profits per equity partner by 3.5 percent.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that the state Supreme Court directed excess class action funds to the IOLTA board. As such, Pennsylvania will become the sixth state in the country to require cy pres funds left over from settlements to be used for legal aid providers or other nonprofits.

Also below the fold on Page 1, reporter Ben Present writes that the Pennsylvania Bar Association has created a task force to take a closer look at the state’s Code of Judicial Conduct.

In more Regional News on Page 3, Amaris Elliott-Engel writes that a Lehigh County jury has awarded a man and his wife $2 million in noneconomic damages because the man has double vision and other eye injuries in the aftermath of a sinus surgery gone wrong.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In an Insight on Diversity column on Page 5, Elisa N. Bramble writes about establishing lasting connections for diverse law students.

On the Law Technology News page are two articles: How to build a better webinar presentation and an e-discovery course that offers “in the trenches” lessons for students.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Tuesday morning round-up of stories in today’s edition of The Legal Intelligencer, which also includes this week’s edition of Pennsylvania Law Weekly. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The Intellectual Property supplement is also inside today’s paper, so be sure to give that a read.

The top story in today’s Legal is a look at the new markets opening up for Pennsylvania firms in the wake of Dewey & LeBoeuf’s slide. Reporter Gina Passarella writes that the attorneys leaving Dewey have allowed area firms to open offices in Dubai, Los Angeles and potentially Moscow and Kazakhstan.

Also above the fold on Page 1, Gina Passarella writes that Kansas City, Mo.-based Shook Hardy & Bacon is finalizing plans to open a Philadelphia office with the hire of Dechert partner Sean Wajert to its litigation group.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the U.S. Court of Appeals for the Third Circuit has ruled that a bankruptcy court must first grant leave before a trustee can be sued in another venue.

Also below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has agreed to hear a case in which it’s been asked to hear whether an insurer can be ordered to pay a medical provider’s attorney fees even if the employer properly employed the peer review process before denying coverage.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes about Thomas G. Wilkinson Jr.’s new role at the helm of the Pennsylvania Bar Association. Youth and the law top the new president’s agenda.

Also on Page 3, Zack Needles writes that a class action has been filed over NHL Winter Classic tickets that the Flyers did not give to season ticketholders.

As always, our People in the News section is on Page 2, and the top stories from our sibling publications across the country make up the Page 4 National News section.

In an Eastern District column on Page 5, Peter F. Vaira writes that two recent U.S. Supreme Court decisions have raised troublesome plea bargain issues.

In a Law Office Technology column on Page 7, Morgan C. Smith writes about using iPads to make compelling presentations at trials.

Today’s lead story in PLW is the state Supreme Court justices asserting their control over the definition of the constitutional phrase “purely public charity,” as reporter Ben Present writes.

Below the fold on Page 1, Ben Present writes that the Supreme Court has dialed back the independent source doctrine.

On Page 3, Ben Present writes a preview of Supreme Court oral arguments set to open in Harrisburg today, in which the justices will hear the H&R Block class action case for the third time.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes that an increase in technological savvy should not overshadow the basic tenets of good lawyering; Matthew T. Mangino’s Criminal Pratice column, in which he writes that disparity again pervades federal sentencing; a ruling that a landlord must know of danger to incur liability for a dog biting a person; and Jonathan Hoffman’s Family Law commentary, in which he writes about securing your client’s future with insurance.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Monday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is a look at Pennsylvania firms and how they fared in the latest Am Law 100 rankings. As reporter Gina Passarella writes, the same nine firms appeared as did last year, and none were able to move up the list. Morgan, Lewis & Bockius and Reed Smith were the only Pa. firms to maintain their rankings, while the other seven slipped down the charts.

Also above the fold on Page 1, reporter Ben Present writes that a request for proposal is schedule to go online today giving lawyers the opportunity to bid on a deal potentially worth $1.85 billion that would privatize Philadelphia Gas Works. PGW is one of the last municipally owned utilities in the country and the largest of its kind, with more than half a million customers.

Below the fold on Page 1, Gina Passarella writes that a federal judge has denied a motion for sanctions a former Elliott Greenleaf partner filed against the firm for alleging in a complaint that he misused escrow funds. This is the latest chapter in the ongoing battle between Elliott Greenleaf and Stevens & Lee, the firm the partner, William R. Balaban, moved to.

Also below the fold on Page 1, reporter Amaris Elliott-Engel writes that the Nutter administration has agreed to pay counsel fees directly, as per the First Judicial District’s request.

In more Regional News on Page 3, reporter Zack Needles writes that a West Virginia firm, Jackson Kelly, has merged with Western Pennsylvania energy boutique Gormly Gormly & Yuhas.

Also on Page 3, a judge has trimmed the claims in an egg price-fixing class action suit in the Eastern District of Pennsylvania.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In the Law Technology page, social media can give firms an inside voice and LexisNexis has debuted e-book software for law libraries.

In a Family Law column on Page 7, Andrew D. Taylor writes about the relocation provision of the new Child Custody Act and how it will be handled going forward.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Tuesday morning round-up of stories in today’s edition of The Legal Intelligencer, which also includes this week’s edition of Pennsylvania Law Weekly. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

Today’s top story is the first in a series looking at law firm revenue trends and how firms can find growth in a no-growth market. As reporter Gina Passarella writes, Pennsylvania firms are lagging behind their national brethren in revenue growth in a post-recession market.

Below the fold on Page 1 is a story about litigator Diane Sullivan departing Dechert to take her practice to Weil Gotshal & Manges in New York. Reporter Zack Needles, along with Sara Randazzo of Legal affiliate The American Lawyer, writes that Sullivan decided to make the move after spending two years brushing off calls from Weil.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes that Montgomery County Common Pleas Court’s new president judge believes that the lawyer-driven civil system is a reflection that attorneys should have responsibility for handling their cases. In a recent interview, Judge William J. Furber Jr. discussed a variety of topics regarding the Montgomery County system.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

On Page 5 is today’s Appellate Law column, as Howard J. Bashman writes about the 3rd U.S. Circuit Court of Appeals’ negative views toward requests to exceed word limits on briefs.

Today’s Page 7 column is Technology Law, where Matthew P. Keris writes about reducing medical malpractice-related e-discovery issues and costs.

As it is Tuesday, it’s also your chance to read this week’s Pennsylvania Law Weekly. The lead story for PLW comes from Zack Needles, who writes about a Luzerne County case in which an insurer was prejudiced by an insured’s failure to timely notify it that a phantom vehicle had been involved in an accident before filing a claim for uninsured motorist benefits.

Below the fold on Page 1, reporter Ben Present writes an analysis piece that takes a look at the redistricting lines for the upcoming primary. Following the recent decision, it appears likely that the 2001 lines will be used.

On Page 3, Ben Present writes that an addition to a house can be consider an “improvement,” and therefore invoke consumer protection law.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he discusses judicial officers using social media; Matthew Mangino’s Criminal Practice column in which he takes a look at cross-examination and inaccurate eyewitness identification; a government contracts article detailing a contractor unable to collect a seven-digit debt owed to it by the city’s redevelopment authority; and an error that forced a man to testify at his wife’s trial.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Monday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

Today’s top story details the wave of changes that are coming for Philadelphia’s criminal courts when the new judicial calendar starts later this month. As reporter Amaris Elliott-Engel writes, the changes include the addition of a 10th courtroom dedicated to homicide cases, the elimination of “chamber weeks” for civil judges and the creation of a “ready trial room” to immediately hear the trials of defendants who initially waive their right to a jury, but then demand that right.

On the bottom of Page 1 in today’s Legal, reporter Gina Passarella writes that recent changes in leadership in two of Ballard Spahr’s most prominent departments are part of a larger shift in practice management for the firm. John B. Langel took over as chairman of the firm’s litigation group, while William C. Rhodes will now lead the public finance department.

The 3rd U.S. Circuit Court of Appeals ruled that two United Kingdom entities seeking to pursue debt claims against Nortel Networks Inc. in the U.K. are not governmental units and cannot invoke the police protection exemption in the U.S. Bankruptcy Code, writes reporter Jeff Mordock in today’s Page 3 story.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

James P. Goslee writes today’s Litigation column on Page 5, detailing the major changes in store for removal jurisdiction in 2012. As Goslee writes, the most significant change set in motion by President Obama’s new legislation is the Later-Served Rule, which means each individual defendant has 30 days from the date they were served to remove the case. There had previously been a split in the circuit courts on this topic.

Today’s Technology Law column on Page 7 details ways to protect your company in the new social media world, including implementing strict social media policies and being aware of litigation considerations regarding social media.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

 

Fresh Ink: Inside Today's Legal

Welcome to your Friday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

Today’s top story deals with discovery, as the 3rd U.S. Circuit Court of Appeals has ruled that producing copies of documents instead of originals can be spoliation, but a finding of bad faith is “pivotal” to determining spoliation. As reporter Gina Passarella writes, a 3rd Circuit panel found that U.S. District Court Judge Dennis Cavanaugh of the District of New Jersey abused his discretion in ordering a sanction of dismissal in Bull v. UPS, in which plaintiff Laureen Bull produced copies of documents instead of originals.

In other big news, the state Supreme Court suspended Traffic Court Judge Willie F. Singletary without pay in an order issued Thursday following Singletary allegedly showing a photograph of his genitals to a Philadelphia Parking Authority contractor, as reporter Amaris Elliott-Engel writes.

Also on Page 1 today, reporter Ben Present writes that the Luzerne County Common Pleas Court has regained complete control over adjudicating and disposing of the county’s juvenile cases. The county’s juvenile justice system was at the heart of one of the biggest judicial scandals in state history, widely known as the “kids-for-cash” scandal.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

This week’s Bankruptcy Update is on Page 5 of The Legal, as Rudolph J. Di Massa Jr. and Catherine E. Beideman write that the U.S. Supreme Court’s holding in Stern v. Marshall ultimately has a narrow scope and doesn’t bar “lock-up” restrictions.

On Page 7 you’ll find this week’s Technology Law column, dealing with the potential for legacy data to come back to haunt your company.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Meet the Legal Blawgers: #Blawger Hashtag Allows Attendees to Share Thoughts in Real Time on Twitter

By Gina F. Rubel

I recently had the pleasure to moderate a media panel, “Meet the Legal Blawgers: An Insiders' Perspective on Connecting with the Legal Blogosphere” presented by the Bar-News Media Committee of the Philadelphia Bar Association, which I chair. We had with us a very distinguished panel of Philadelphia-area journalists.

Before getting into the specifics, and for those unfamiliar with Twitter, please keep in mind that wherever you see the @ symbol below, it indicates a person’s Twitter handle (or Twitter name) so you can use the full name to find them on Twitter. For example, on Twitter, I go by @ginarubel.

Among the panelists were Jeff Blumenthal, (@jeffdblumenthal) Staff Writer, Philadelphia Business Journal; Chris Brennan (@CloutDailyNews), Political Writer, Philadelphia Daily News and Co-Writer, PhillyClout; HughE Dillon (@iPhillyChitChat), Editor, PhillyChitChat.com; Hank Grezlak, Associate Publisher and Editor-in-Chief, The Legal Intelligencer (@thelegalintel); Catherine Lucey, Staff Reporter, Philadelphia Daily News and Co-Writer, PhillyClout (@PhillyClout); and Saul Segan, Esq. (@saulesq), Contributor, The Huffington Post (http://www.huffingtonpost.com). Also in attendance as special guests were Craig Ey (@PBJeditor), the new editor of the Philadelphia Business Journal and Janine Clingenpeel, the editor of SmartCEO Magazine (www.smartceo.com) who was in town for the launch of the magazine’s Philadelphia edition.

By using wthashtag.com, I was able to capture the Twitter stream from the media panel program. Although there is sometimes redundancy because people re-tweet what has been said, wthashtag captures the transcript and converts it to chronological order, which makes it much easier to read. Read on to see what the panelists had to say from the perspective of the attendees. 

Transcript from Sept. 16 to Sept. 17: wthashtag.com/blawgers using hashtag #blawgers

@PhilaBar:  Today's presenting #blawgers: HughE Dillon, Chris Brennan, Jeff Blumenthal, Hank Grezlak, Saul Segan & Catherine Lucey 

@PhilaBar:  Bar News Media Comm Chair Gina Furia Rubel (@ginarubel) welcomes packed room to #blawgers event #fb 

@PhilaBar:  Furia Rubel (@furiarubel): How has blogging changed the media landscape? #blawgers 

@PhilaBar:  Grezlak: Provide a lot of flexibility but also increases competition; have to be aware of misinformation as well #blawgers 

@LPPowers:  #blawgers Tweeting about Philly legal media and bloggers today: PBJ, Legal Intelligencer, PhillyChitChat, PhillyClout and more! 

@LPPowers:  #blawgers @iphillychitchat says "I keep a factual blog and moderate comments closely, I respond to emails directly" regarding his blog's... 

@msbruschetta:  Some attendees are, like me, posting about this panel to social media. One's using hashtag #blawgers (given the legal focus of the talk!). 

@LPPowers:  #blawgers @jeffdblumenthal uses Twitter frequently and uses DM to engage and dialog with readers 

@PhilaBar:  Blumenthal: Providing links in blogs to related stories valuable #blawgers 

@LPPowers:  #blawgers Blogs are a great tactic for news stories that might not fit into traditional media 

@LPPowers:  #blawgers The Legal Intel "We use the blog as a way to make quick updates to stories and as a follow up to other stories in real-time" 

@lizcies:  Blogs used to post stories that didn't fit in paper, or for guest posts #blawgers 

@lizcies RT @PhilaBar: Grezlak: Blogs enable readers to "get inside a reporter's notebook" #blawgers 

@msbruschetta:  "Some of the best blogs ever written are the things you stumble over." Story about use of @Phillies seats, fun nuggets of info. #blawgers 

@msbruschetta:  Thanks for hosting today, @PhilaBar! #blawgers (@PRSAPhilly) 

@LPPowers:  #blawgers @phillyclout says "We're not lawyers" so it helps to have the details of new cases ready for them if you reach out

@LPPowers:  #blawgers @iphillychitchat blogs on events with a focus in Philly but is always interested in news within 50 miles outside Philly 

@msbruschetta:  Emphasizing the importance of attending events, networking. Your biz should support you! Helpful in economic recovery. #blawgers 

@PhilaBar: Furia Rubel: Being photographed at events helps you get hits on search engines if name tagged to photo; gives you more exposure #blawgers 

@msbruschetta:  Blogging allows you to share passions, let off steam & meet similarly-minded folks. "It's much more mainstream than you think." #blawgers 

@lizcies:  1st read every day? One panelist reads his competitors 1st. #blawgers 

@msbruschetta:  Panelists sharing their daily must-reads. Multiple mentions for @politico. #blawgers 

@LPPowers:  politicspa.com is a good warehouse for politics across the state #blawgers 

@msbruschetta:  Prefer creative or straightforward pitches? #blawgers #PR 

@lizcies:  What pitches grab attn? Charities, straightforward, on topic, specific. #blawgers 

@msbruschetta:  Tailor to what the reporter covers! Follow-up calls = time suck. Get to the point fast. #PR #pitching #tips #blawgers 

@lizcies:  Get to the point fast in pitches. Offended if you're not reading what  their writing. #blawgers 

@PhilaBar:  Best pitches? Lucey: Creative but understand what I cover; Brennan: "The follow-up phone call is a drag"; Grezlak: Straightforward #blawgers 

@lizcies:  One complained about follow up calls. Said he'll respond to email if interested. #blawgers 

@msbruschetta:  Finding story sources: Googling & finding people's blogs. Interesting! #blawgers #blogging #PR 

@lizcies:  Try to find sources outside of story for perspective. Google for sources, call universities, look @ authors on amazon #blawgers 

@msbruschetta:  Don't just start blogging about anything. Make sure you have something to say, to set yourself apart from others! #blawgers 

@LPPowers:  #blawgers @phillyclout @saulesq @iphillychitchat @jeffdblumenthal @thelegalintel @ginarubel Thanks for a great panel @PhilaBar today! 

@dianeorganized RT @msbruschetta: Don't just start blogging about anything. Make sure you have something to say, to set yourself apart from others! #blawgers 

@Shelikesruffles RT @msbruschetta: Blogging allows you to share passions, let off steam & meet similarly-minded folks. "It's much more mainstream than you think." #blawgers 

@msbruschetta: Great job today @FuriaRubel & all the #blawgers panelists! (@PRSAPhilly) #PR #blogging #mediarelations 

Thanks to Twitter, and platforms like whashtag.com, it is possible for people to participate in programs such as this, both in person and virtually. Simply designate a hashtag at the outset of the program and people can Tweet about program takeaways in real time. And if you enjoyed the tips provided through the twitter-stream, you’ll definitely enjoy the podcast provided by The Philadelphia Bar Association: A panel of journalists on connecting with the legal blogosphere at the Sept. 16, 2010 meeting of the Bar-News Media Committee.

Gina F. Rubel is the owner of Furia Rubel Communications Inc., a public relations and marketing agency (www.furiarubel.com) with a niche in legal communications. (http://www.furiarubel.com/services.php) A former Philadelphia trial attorney and public relations expert, Gina is the author of Everyday Public Relations for Lawyers (http://www.furiarubel.com/everyday-public-relations-for-lawyers.php). Gina and her PR and marketing firm have won numerous awards for legal communications, public relations, media relations, strategic planning, corporate philanthropy and leadership. She maintains a blog at www.ThePRLawyer.com, is a regular contributor to The Legal Intelligencer’s blog and blogs for The Huffington Post (http://www.huffingtonpost.com/gina-furia-rubel). You can find her on LinkedIn at www.linkedin.com/in/ginafuriarubel or follow her on Twitter at http://twitter.com/ginarubel.  For more information, go to www.FuriaRubel.com.

Social Media for Lawyers: Legal Updates on LinkedIn Expands JD Supra Reach

By Gina F. Rubel

A few weeks ago, the social networking site LinkedIn and legal content distributor JD Supra announced a new partnership that helps legal professionals to increase marketing exposure. The idea is that by posting and sharing their legal writings on JD Supra, the posts also get shared directly on the 70-million-member LinkedIn.

I wrote about LinkedIn and JD Supra  last year in my “Social Media for Lawyers” series on this very blog. I have recommended that lawyers use both platforms to increase their visibility online. That recommendation still stands. In fact, even more so.

LinkedIn is no longer just a professional profile-resume that does well in Google when people search your name. Although that is still a huge benefit, the days of the website being used only for human resources purposes are long gone. Daily, LinkedIn grows as a source of relevant business news and information from within your network and, increasingly, beyond your network. In fact, this new partnership received a good amount of positive coverage at time of launch – with Robert Ambrogi on his Lawsites blog , going so far as to call it a potential game changer for lawyers on LinkedIn.

But I want to focus on one particular aspect of the collaboration. This partnership is especially valuable for lawyers who are using written materials to showcase their professional skill and promote their services online.

A Targeted Audience of Professionals on LinkedIn

JD Supra has always allowed any lawyer or law firm to post and distribute their written work online: a great online vehicle for public relations. Covering many industries, information on JD Supra includes everything from analysis of the latest legislative developments, to guidance and legal commentary for business owners and consumers, to favorable court decisions, and marketing for lawyers (something I am quite passionate about). The core of the service is targeted delivery which is exactly why I think the partnership is such an exciting development.

According to Adrian Lurssen, vice president of strategic development at JD Supra, “We have real estate content for real estate professionals, employment law updates for anyone needing to stay informed about workplace legal issues, banking and finance content with its own audience – insurance, IP, tax law, the list goes on.” Lurssen added, “The partnership was a no-brainer.” They are now able to deliver content to subscribers/readers in the very fields their contributors are writing about.

The basis of the partnership is a new application called Legal Updates, (freely available to anyone in LinkedIn’s directory.

(Kudos to JD Supra for the exclusivity of this deal; there are only 16 applications on the LinkedIn platform.)

The application allows lawyers to include a portfolio of their content directly on their LinkedIn profile and to be found in the site’s first and only searchable, browsable collection of legal information — a new development. But what really sets Legal Updates apart is that anyone on LinkedIn who installs the application now receives a custom feed of legal information matched to their professional interests and needs.

“We provide legal content to a person based on the industry noted on their LinkedIn profile,” said Lurssen. “Insurance professionals get insurance work, financial services professionals get banking and finance work, etc. And beyond that, Legal Updates can be customized with any subjects the user wants.”

This is a significant offering for any lawyer who is looking for an audience of people in the industry (or industries) they serve. Legal Updates has been created not just as another “app” for lawyers looking to promote themselves online. It is has been created, and is being marketed, as something valuable to all professionals.

The offering is in line with what we hear from LinkedIn these days about the company’s role as a “dashboard for business intelligence” for everyone on the site. (For more on this subject, listen to veteran journalist Kara Swisher’s recent interview with LinkedIn CEO Jeff Weiner.)

Every document in Legal Updates includes the ability to add the lawyer who wrote or uploaded it to your own LinkedIn network, with the click of a link. What starts as a legal update continues as a new network connection, the beginning of a relationship.

But, with the arrival of Legal Updates as a means for lawyers to connect with people in the industries they serve, what’s more important are the segments such as insurance, real estate, tech  and  financial services. JD Supra appears to understand the value of targeted delivery. One month into launch, the job over the long haul will be to get professionals to install the application. The social network’s sheer size and exclusivity are bound to help.

Gina F. Rubel, Esq., is the owner of Furia Rubel Communications, Inc., apublic relations and marketing agency with a niche in legal communications. A former Philadelphia trial attorney and public relations expert, Rubel is the author of Everyday Public Relations for Lawyers . Rubel and her PR and marketing firm have won numerous awards for legal communications, public relations, media relations, strategic planning, corporate philanthropy and leadership. She maintains a blog at www.ThePRLawyer.com, is a regular contributor to The Legal Intelligencer Blog and blogs for The Huffington Post . You can find her on LinkedIn at www.linkedin.com/in/ginafuriarubel or follow her on Twitter at http://twitter.com/ginarubel.  For more information, go to www.FuriaRubel.com .

You’ve heard of the FBI’s National Sex Offender Registry. How about the National Sexual Harassment Registry?!?

By Eric B. Meyer

EBossWatch, a group claiming to help people avoid hostile work environments and workplace bullying, launched what it calls the “National Sexual Harassment Registry,” on July 14.  The Registry, found here, is being billed as “a database and search tool for conducting searches to obtain information about people who have been accused of sexual harassment in the workplace.”

The database is searchable by name or company. Users can submit “tips” on “bad bosses” via e-mail.

[This posting is for informational purposes and should not be construed or interpreted as either legal advice on any matter or as in any way creating an attorney/client relationship]

Eric B. Meyer is a member of the labor and employment group at Dilworth Paxson LLP. Readers can contact Meyer via e-mail and follow him on Twitter.

A Gathering Storm: Open Source Software Litigation

My inaugural “techlaw” post focuses on some of the recent activities of the Free Software Foundation that should be of interest for any organization selling products that incorporate software. The FSF is a non-profit entity that advocates use of so-called “open source” software subject to the “GPL” license. 

The GPL is a software license that differs from the typical licenses that accompany commercial software in that it allows users access to the human readable or source code underlying the software and allows users to copy, modify, combine with other code and redistribute the software without charge. Many widely used items of software, such as the Linux operating system and the MySQL database, are distributed under the GPL. Open source software is freely and widely available, and it is attractive to developers because incorporating the software into ongoing projects can save time and money.  Because of these advantages, open source software has come to reside within many organizations, often unbeknownst to management.

While open source software can allow companies to save licensing fees and development cost and effort, the GPL license requires that companies that distribute (i.e., resell or license) products that contain GPL software, or derivatives of GPL software, to release the source code for any software in the product that is that is derived from or incorporates the GPL software. Failure to adhere to this requirement can subject companies to liability for copyright infringement, which under the Copyright Act exposes infringers to claims for disgorgement of profits or statutory damages, attorneys’ fees and injunctive relief. In addition, releasing the source code may not be consistent with a company’s intellectual property strategy, especially where the company may have made proprietary or trade secret modifications to the code that give the company an advantage in the marketplace.

Recently the FSF brought four lawsuits on behalf of two software developers against companies, including Verizon, Monsoon Multimedia, High-Gain Antennas and Xterasys, that were allegedly distributing applications containing a widely used open source utility known as “Busybox.”  The FSF recently settled these lawsuits on terms that reportedly involved the payment of undisclosed sums of money, the release of the source code for the software and the appointment of internal open source compliance officers to oversee compliance with open source licenses. In a related development, the FSF announced the formation of a for-profit law firm, staffed by lawyers for the FSF who will specialize in bringing copyright infringement actions on behalf of for-profit companies to enforce the provisions of the GPL. The FSF itself continues to provide pro bono legal services to non-profit organizations in asserting GPL license violation claims.  

Several things jump out at me here.  First, the recent lawsuits show that even sophisticated organizations are at risk of running afoul of open source licensing requirements as they bring their products to market, if they do not take inventory of and address the presence of open source software in their products. Second, commercial entities should not assume that the persons, groups or entities who develop open source software will not have sufficient resources to pursue these claims, as organizations such as the FSF or private firms working on a contingent fee basis may very well foot the bill for the litigation. Third, with the volume of commerce involved and the remedies available for copyright infringement, we are likely to see more technically inclined lawyers pay more attention to GPL-violation lawsuits as a potentially profitable line of business. Be careful out there.

Francis Taney
Buchanan Ingersoll & Rooney
www.bipc.com