On December 31, 2006, I wrote a post on how Blog Monitoring is a Top Trend for 2007. Today’s Des Moines Business Record cover story is Exhibit A. The story recounts how smart companies are listening to bloggers and dealing quite effectively with negative publicity. It seems Central Iowa blogger Tom Vander Well
Business Litigation
Electronic Discovery and Employment Law
By Rush Nigut on
I ran across an excellent article by employment law litigator Jason Storipan of Stark & Stark on issues involving electronic discovery and employment law. Storipan cautions that employers must be aware and plan for the new electronic discovery rules:
". . . [e]mployment law is an area of the law that the increases in
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Microsoft Renews Attacks Against Conlin
By Rush Nigut on
Microsoft has renewed its attacks against Roxanne Conlin in the Iowa consumer class action case. This time Microsoft wants the right to question the named plaintiffs about their connections to Conlin before the lawsuit. Apparently Microsoft believes Conlin recruited these plaintiffs to file the lawsuit. According to the Des Moines Register, Conlin acknowledges she was…
Case Selection: Trust Your Gut
By Rush Nigut on
Tim Johnson of Carpe Factum recently challenged Iowa patent lawyer Brett Trout and me to show how we "thin-slice" clients and cases. Brett posted first and did a great job with how he thin-slices clients. That leaves thin-slicing cases to me. Thin-slicing is a concept from Malcom Gladwell’s book, Blink, and is about…
Client Intake: Don’t Get Burned By MySpace
By Rush Nigut on
If you are a lawyer representing an individual you better start asking your clients whether they have a MySpace, Facebook, or other social networking Web site. A lawyer I know ended up on the short end of the stick in a pre-trial hearing when opposing counsel pulled out pictures and comments from a…
Court Rules No Private Right of Action Under HIPAA
By Rush Nigut on
The Fifth Circuit Court of Appeals has ruled there is no private right of action for violations of HIPAA (Health Insurance Portability and Accountability Act of 1996). To this point, every federal district court that has decided the issue has also ruled no private right of action exists. No other federal circuit court has decided…
Iowa Microsoft Public Records On Web
By Rush Nigut on
The Plaintiffs have now set up a Web site to post the public records in the Iowa consumer class action against Microsoft. Just go to www.iowaconsumercase.com. The site currently has transcripts available. Exhibits and further information will be available later this week. A permanent Web site is expected to be set up during the…
Seven Ways to Avoid Employee Lawsuits
By Rush Nigut on
Employment lawsuits are continually on the rise. Here are seven things that may help you avoid employee lawsuits:
1. Treat Employees with Respect: Seems like a basic philosophy but it is amazing how many employers forget to treat their employees with respect. Employees that are humilated or treated in a disrespectful way are much…
Iowa Microsoft Trial Resumes
By Rush Nigut on
The Iowa consumer class action against Microsoft resumed this week with testimony from the first live witness in the trial, Ronald Alepin. Alepin is a computer consultant and a technology advisor with MOFO in San Francisco. Groklaw has some interesting information about Alepin and his past dealings with Microsoft.
Alepin has been called to…
Blog Monitoring a Top Trend for 2007
By Rush Nigut on
Is your business devoting resources to blog monitoring and blog response? If not, you should. According to Jaffe Juice blog, one of the Top Ten Alternative Marketing Trends for 2007 is blog monitoring. The article quotes Drew Nessier who is the CEO of Renegade Marketing.
Nessier says, "In 2007 marketers will enhance their
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