February, 2011

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Rule Against Broadcast of Telephone Conversation Without Prior Permission is Constitutional, Says FCC

Broadcast Law Blog

The FCC today upheld a $4000 fine issued to a broadcaster for broadcasting a telephone conversation without first getting the permission of the people on the other end of the line, denying reconsideration that the broadcaster had sought - arguing that the fine violated its First Amendment rights. The telephone conversation that led to the fine was between a station employee and two airport officials, about a controversy concerning the local airport.

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Internet Research

The Paralegal Resource

The context of the Internet is important. Understanding how legal information is organized online and the methods for accessing and retrieving it will make research efficient. The Internet is often characterized as a vast storehouse of information. That may be true, but free information on the Internet is scattered and semi-organized at best. Content can be available in several formats.

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Discovering Electronic Discovery

ABC's of E-Discovery

Discovering Electronic Discovery by Christoph Roggenkamp is a very good blog by an attorney who is also an electronic discovery expert. The blog hasn't been updated currently, however the information posted is very relevant and very well written; most of all it's easily understoody by those new to e-discovery.

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FCC Fines TV Station $10,000 for Requring Appointment to View Public Inspection File

Broadcast Law Blog

The FCC released a Notice of Apparent Liability for Forfeiture today, proposing a $10,000 fine against a public TV station in Los Angeles for requiring an appointment to view the station's public inspection file. This case shows how seriously the FCC takes the requirement of open and unfettered access to a broadcast station's public file. An FCC agent visited the station's main studio twice without identifying himself as an FCC employee.

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Empower Your Firm: The Modern Guide To Litigation Financing

Litigation is expensive. Expert witnesses, depositions, staffing, and a long list of other expenses can limit your firm’s options. They strain cash flow, limit taking on new clients, and can even impact case strategy. This guide simplifies the complex world of litigation financing and compares different models and how they can impact the access to justice your firm provides to clients.

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How Much Will Tower Lighting and Painting Issues Cost You in FCC Fines? $10,000 According to Recent Case

Broadcast Law Blog

FCC tower lighting and marking violations are among those treated most seriously by the FCC, given their potential for tragedy should there be an incident with an aircraft due to improper tower maintenance. Today, in two Notices of Apparent liability, the FCC proposed fines against tower owners for such violations. In one case , where the lights were apparently not functioning and the FAA had not been notified of the outage as required, the proposed fine is $10,000.

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FCC Underwriting Rules for Noncommercial Radio and TV - A Seminar on the Issues

Broadcast Law Blog

Fines for noncommercial broadcasters who air acknowledgments of their donors and contributors that sound too much like commercials have been a problem area for many noncommercial educational radio and television stations, and have resulted in significant fines from the FCC. The FCC allows " enhanced underwriting announcements " that identify a sponsor, what their business is, and where they are located, but such information must be provided in an objective, non-promotional manner.

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On the 15th Anniversary of the Telecommunications Act of 1996, The Effect on Broadcasters is Still Debated

Broadcast Law Blog

On February 8, 1996, the Telecommunications Act of 1996 was signed into law by President Bill Clinton. While the Act had significant impact throughout the communications industry, the impact on broadcasters was profound, and is still being debated. The Act made changes for broadcasters in several major areas: Lengthened license renewals to 8 years for both radio and TV, and eliminated the "comparative renewal" For radio, eliminated all national caps on the number of radio stations in w

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Restrictions on Moving Radio Stations From Rural to Urban Areas May Be Coming - What's The Potential Impact?

Broadcast Law Blog

At the FCC meeting next week, the Commission will be considering an item dealing with radio stations that serve rural areas, and the ability of licensees to make technical modifications to those stations that would change the communities which they serve. While, as we wrote last week , most of the attention of broadcasters has centered on the television issues to be considered at the meeting as the Commission is to begin an inquiry on the retransmission consent process.

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Using Music in Digital Media - Business and Legal Issues - A Presentation to the Texas Broadcasters

Broadcast Law Blog

Public performances, synch and master use licensing, sound recordings, musical compositions - what are all these terms, and how does a digital media company make sense of them and figure out where to go get permission to use music in their business? These issues were discussed in a webinar that I did with my partner Rob Driscoll from our firm's New York office for the Texas Association of Broadcasters.

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Transforming eDiscovery: Document Summarization, Sentiment Analysis, And Chatbots Take Center Stage

A Synergistic Approach to eDiscovery In the space of eDiscovery, the convergence of document summarization, sentiment analysis, and chatbots represents a significant change in how legal professionals navigate and manage electronic information. These technologies not only expedite the review process but also empower legal teams with deeper insights into the emotional context and key information within electronic documents.

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FCC Rejects Request by Low Power Television Broadcaster to Test Technology to Enable Broadband Service Over Broadcast Spectrum

Broadcast Law Blog

Last week the FCC rejected a request by a low power television broadcaster seeking an experimental license to test a technology that would allow broadcast television stations to provide broadband access. The brief decision, available here , was issued by the FCC's Media Bureau and rejected the request primarily on the grounds that the technology the LPTV broadcaster sought to test is inconsistent with the existing ATSC standard for transmission of digital television signals in the U.S.

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FCC Adopts New Ex Parte Rules Setting Out What Must Be Disclosed By Parties Lobbying the FCC

Broadcast Law Blog

When the FCC looks to adopt new rules or policies through rulemaking proceedings or through other significant cases, there are often companies, associations and individuals trying to influence the decision on these matters. Such discussions with FCC decision makers are permitted, but the parties trying to influence the FCC's decisions must file notices in the Docket of the proceeding on which they were commenting, summarizing the discussions that were had, and the issues that were discussed.

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As Applications for New FM Auction Are About to be Filed - FCC Clarifies Rules on Changes to New Allotments

Broadcast Law Blog

The FCC is now accepting Form 175 applications for FM Auction 91 - an auction of 144 new FM channels across the country. Applications are due between now and February 10. We wrote about the auction here , and the list of channels to be auctioned is available here. So, if you are interested in a new FM channel, act now! While this auction is proceeding, in a recent case , the FCC addressed what to do with new FM channels that are not yet set for auction.

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$25,000 Fine for Broadcast of Telephone Conversations Without Permission

Broadcast Law Blog

Just two weeks after rejecting a claim that the FCC's rule against the broadcast of a telephone conversation without permission was unconstitutional , the Commission's Enforcement Bureau made clear that it would not hesitate to enforce that rule - and enforce it vigorously. In a recent decision , the Commission proposed a $25,000 to a broadcaster who ran two different telephone conversations on the air without the prior permission of the people at the other end of the phone line.

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Recipe for a Failed CLM Implementation

Selecting and implementing CLM technology can be daunting, leading to underutilization or abandonment. Factors like provider differentiation, inadequate planning, and lack of user training contribute to these failures. Recognizing these pitfalls is crucial for successful adoption, ensuring organizations harness the full potential of CLM for streamlined contract management.

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Social Networking Sites and eDiscovery

The Paralegal Resource

Social networking sites are becoming tremendously popular and contain a wealth of information with active messages, tweets, blogs and comments. The repository of these social activities can provide valuable and potent information which can be produced as electronic evidence in court for litigation.

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Hiring a Certified Legal Videographer

The Paralegal Resource

The production of legal deposition video is best entrusted to a professional certified legal videographer who is knowledgeable in the Federal Rules of Civil Procedure and the Federal Rules of Evidence as the rules apply to visual evidence to be introduced at trial.

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Restrictions on Movimg Radio Stations From Rural to Urban Areas May Be Coming - What's The Potential Impact?

Broadcast Law Blog

At the FCC meeting next week, the Commission will be considering an item dealing with radio stations that serve rural areas, and the ability of licensees to make technical modifications to those stations that would change the communities which they serve. While, as we wrote last week , most of the attention of broadcasters has centered on the television issues to be considered at the meeting as the Commission is to begin an inquiry on the retransmission consent process.

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Texas Court Ruling Affects Contract Workers' Ability to Sue Site Owners

The Paralegal Resource

The Texas Supreme Court recently issued a ruling that affects the rights of many Texas contract workers. The decision narrows injured contract workers' right to sue site owners for negligence. Now, if premises owners act as general contractors and pay for workers' compensation insurance, they cannot be sued for negligence by injured employees of subcontractors.

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Contract Lifecycle Management: A Business Enabler Exploring On-Ground Challenges

CLM tools have always strived to push contract management into the digital age for almost 30 years. But the complexities of digitising a legal document are numerous. The current scenarios in business development have shown that having a fully automated CLM has become a mandate for every law firm and in-house legal department. To determine if you need a CLM system, it's essential to clearly identify the on-ground business challenges you aim to solve.

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How To Trace Emails Set Up With Fake Information

The Paralegal Resource

Are you wondering if it's still possible to trace an email back to the sender even if the information used to create the email address is all fake? If you are receiving harassing or annoying emails and it's obvious that the information used to open the email account is fake you can still trace that email. A reverse email search investigation can still obtain the real name and address and or phone number of the actual person that is using the email address.

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Crimes And Misdemeanors A Cultural Reflection

The Paralegal Resource

Many of those accused of crimes involving drugs and alcohol choose to roll the dice and face jail or prison, rather than embrace a healthy sober lifestyle when advised to do so by their attorneys and the Ventura, Los Angeles, and Orange County courts. High end rehabs can be a cushy alternative to jail. However, low income alternative sentencing facilities often require living in close quarters with an emotionally challenging cast of surly characters.

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The Most Cost Effective Way to Conduct Discovery

The Paralegal Resource

A careful analysis of your discovery needs and available discovery tools can protect your client against undue expense. First decide what you hope to achieve through discovery: Do you want to push the case to trial, or are you simply trying to force a settlement? How you answer that question will determine the scope and thrust of your discovery. Also carefully analyze your information requirements.

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Premises Liability: Who is to Blame?

The Paralegal Resource

Premises Liability is a complicated issue and covers a wide range accidents that Personal Injury Attorneys often categorize as the ‘sticky wickets’ of law. Why? Because at its core, Premises Liability is all about figuring out who is to blame for an accident. By definition, the term “Premises Liability” is the body of law that fixes responsibility for injuries suffered by a third party on the person who is in possession of a premises or piece of land.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Paralegal uses e-discovery certification to open doors | ACEDS.org

ABC's of E-Discovery

Why you want to learn as much as possible about e-discovery. In particular, as a paralegal, you need to know the technical and practical (as in the practice of such) parts of e-discovery - Paralegal uses e-discovery certification to open doors ACEDS.

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Electronic Discovery (e-Discovery) Law - Resources & Information | DiscoveryResources.org

ABC's of E-Discovery

A perfect starting place where you will find " the most up-to-date information, resources and news available about electronic discovery. DiscoveryResources.org offers.resources for legal professionals who seek to understand the many new technological and legal challenges associated with electronic discovery". Electronic Discovery (e-Discovery) Law - Resources & Information DiscoveryResources.

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Electronic Discovery Law Firm : K&L Gates : Electronic Discovery Law

ABC's of E-Discovery

" A blog on legal issues, news and best practices relating to the discovery of electronically stored information published by the e-Discovery Analysis & Technology Group at K&L Gates " - Electronic Discovery Law Firm : K&L Gates : Electronic Discovery Law

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Attorney-Client Privilege

The Paralegal Resource

The attorney-client privilege is a testimonial privilege growing out of the law of evidence. It appears to be the oldest of the evidentiary privileges, going back at least to the 17th century and probably before. The purpose of the privilege is to protect confidential communications between an attorney and his client, by preventing the attorney from being required to testify against the client and thereby divulging matters told to the attorney by the client in confidence.

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Dangers of Digital "Reporting": Legal Risks and Unreliable Transcripts

In the world of legal proceedings, the choice between a certified stenographer and digital "reporting" holds significant implications. Certified stenographers go through rigorous training and testing and stand as the gold standard for accuracy in capturing every word. Their expertise ensures a reliable record, a crucial foundation for legal cases.