Sunday, January 06, 2008
A Vote for Firefox 2.0 over IE 7

[The following column originally appeared in print in December 2006. I am republishing it as part of my continuing effort to maintain an archive of my published columns. Important note: I have not updated this since its original publication. While most of the sites remain as described, some may have changed. All information was current as of the date of original publication.]

The browser wars are back, and netizens everywhere are being asked to choose sides. With major upgrades released to the two leading Web browsers, the question for Web surfers is, "Which should get my allegiance, Internet Explorer 7 or Firefox 2.0?"

But even as the two browsers draw their battle lines, the differences between them become less and less clear. That said, Firefox still wins my vote as the most functional, configurable and secure browser available.

IE7 is Microsoft's long-overdue, great leap forward in the battle for browser supremacy. When first released in 1995, IE was the upstart battling browser giant Netscape Navigator. IE won, but with Microsoft's control of computer desktops, the fight was hardly fair. Even as IE's audience grew, so did its reputation as bloated and insecure.

Meanwhile, the rebel force known as Firefox launched its version 1.0 in November 2004 and quickly gained ground. Built on an open-source platform that made it secure, lightweight and configurable, it established a loyal following among tekkies and other IE malcontents. As it continued to add innovative features such as tabbed browsing and RSS integration, its popularity grew.

So when Microsoft on Oct. 18 released its first major upgrade of IE since 2001, it was undoubtedly more than coincidental that Firefox followed six days later with its first major upgrade in two years. But if the battle lines were drawn, the warriors had become less distinguishable.

When a Firefox user first fires up the new IE7, the most striking feature, after its highly streamlined design, is its familiarity. Features new to IE – tabbed browsing, RSS support and integrated search bar – are old hat to Firefox. If imitation is the sincerest form of flattery, IE7 is a paean to its upstart rival.

To be fair, IE7 goes Firefox a step better in some respects, such as in its handling of tabs. Each open tab has a small button to the right that you can click to open another tab. Firefox requires you to go to the file menu to open a tab or to right click on a hyperlink and select "open link in new tab." Even better in IE, with one click, a user can display all open tabs as thumbnails on a single page.

IE7 adds other nifty features its competitor lacks: page magnification (something the Opera browser has long offered), grouping of multiple tabs into a single bookmark, and improved printing of Web pages by automatically shrinking text to fit.

Perhaps the most significant improvements for this historically hole-plagued browser come in enhanced security. IE7 now offers one-step deletion of browsing history (like Firefox), phishing protection against scam Web sites, enhanced pop-up blocking and enhanced ActiveX blocking.

While IE's leap from version 6 to version 7 is broad, Firefox's change from 1.5 to 2.0 is more modest. Fans will say this is because Firefox was already well ahead. New features in version 2.0 include enhanced tab management, built-in spell checking, phishing protection, and session restore, which allows you to pick up your browsing where you left off if your system crashes.

Firefox was first to add an RSS reader, but now that both browsers have this feature, neither stands out. While the RSS readers in each are perfectly functional, neither offers the features of a dedicated reader such as FeedDemon. Given this, an advantage to Firefox is that it lets the user configure its RSS-subscription button to work with any Web service that handles RSS feeds, such as Bloglines or Newsgator. IE lacks this option.

Thanks to its open-source roots, Firefox has long benefited from a battalion of independent programmers writing small add-on programs to enhance its functionality. Hundreds of free add-ons are available for enhanced blogging, image browsing, searching, bookmarking, news reading and other purposes.

With version 7, IE now offers add-ons as well. Here, however, Firefox retains the upper hand. The selection of IE add-ons has yet to approach that of Firefox, and Firefox excels in the ease with which a user can find, install and remove add-ons.

For IE users, version 7 is a great leap forward that significantly improves its functionality and security. Anyone still using IE6 should waste no time in upgrading. (For Windows users with automatic update enabled, IE7 will install automatically.)

Firefox users, however, are likely to view IE7 as merely catching-up. Even though IE7 is now on a par with Firefox in many respects and even a bit ahead of it in some, it offers no strong reason to switch.

For Firefox users, the bottom line is security. Because its source code is open to public view, security holes are found and patched before they create a threat. IE's source code remains closed. As long as that remains the case, Firefox will remain the more secure browser.

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posted by Robert Ambrogi @ 12:20 PM, , links to this post


Helpful Sites for Smaller Firms

[The following column originally appeared in print in April 2006. I am republishing it as part of my continuing effort to maintain an archive of my published columns. Important note: I have not updated this since its original publication. While most of the sites remain as described, some may have changed. All information was current as of the date of original publication.]

Lawyers in smaller firms are adept at using the Web to give themselves the upper hand. Here are several new or recently reviewed sites useful to lawyers in smaller firms.

Calculating deadlines. Just over a year ago, CompuLaw launched Deadlines on Demand, a service designed to help sole practitioners and small firms calendar court deadlines using CompuLaw's rules-based service on a pay-per-use basis. I recently checked back for an update and find this to be a useful and low-cost calendaring tool for solo and small-firm lawyers.

DOD allows a lawyer to avoid the time-consuming and sometimes confusing process of researching rules, looking up holidays and counting calendar days to come up with a schedule. DOD does it all for you – researching the jurisdiction's rules, adjusting for holidays and scheduling all deadlines. It uses the same calendaring rules as its parent, CompuLaw, which the company says is used by more than half of the 50 largest U.S. firms and which was winner of the 2005 Law Technology News award for best docketing and calendar software.

For smaller-firm lawyers, DOD's advantage over CompuLaw is its pay-as-you-go pricing. A search costs from $5 to $99, depending on the complexity and number of deadlines. Joseph C. Scott, DOD's vice president and general manager, told me that the average cost of a search in 2005 was $27.50. You are not charged until after DOD calculates and shows you the price, so you can always decide not to complete the search.

Searching is simple. Start by selecting the jurisdiction of your case from a map of the United States. DOD covers all federal courts and all 50 states, but it does not necessarily have all courts or local rules within a state. You can browse the list of available rules before you start your search. Next, select the court and area of practice (state court civil litigation, for example) and then the event (filing of complaint, for example). If you wish, you may enter your own matter reference number and other case information.

At this point, DOD gives you a summary of the information you have provided and the cost. If you approve, click submit. DOD generates the list of deadlines and sends it to you by e-mail in an iCalendar format that you can import into Microsoft Outlook. You can also send the deadlines to a delimited file to import into other programs or hand-held devices.

A reassuring feature is DOD's change notification service. If a jurisdiction changes a rule that could affect a user's previous search, DOD sends the user notice of the change by e-mail along with a link to rerun the search. Live telephone support is available weekdays and users can also submit support questions by e-mail.

DOD's one drawback for some lawyers will be its coverage. While some states, such as California, have virtually blanket coverage, others do not. DOD includes at least the appellate rules and principal civil trial court rules for every state, as well as federal district rules. From there, coverage varies. The company is constantly working to add new and update existing jurisdictions, Scott said.

DOD is practical and easy to use. A search takes just minutes. Most attractive is its pay-per-search pricing. Overall, it seems certain to save you time and your client money.

Medical images. If images of gastrointestinal endoscopy or neuroimaging start your heart racing, you are probably a personal-injury lawyer. Medical images are important, both to help you understand the plaintiff's injuries and as demonstrative evidence to use in the courtroom. Medical Image Databases on the Internet is a useful compilation not of images, but of databases, directories and search engines for finding them. It is sponsored by the library at the University of Texas Health Science Center at San Antonio.

Fighting fraud. A recently launched Web site is designed to serve as an online national clearinghouse and research center to help fight consumer fraud and other economic crimes. The site, Fraud Update, will track government actions throughout the United States against fraud and other practices that victimize consumers, businesses and government. The site will also provide consumer alerts and track relevant legislation and rule-making. It is operated jointly by Florida State University's College of Criminology and Criminal Justice and the St. Thomas University School of Law.

Business advice. Attention smaller-firm lawyers: There is a new Web site for owners of small and home-based businesses, SmallBizResource from CMP Media. It offers original articles and expert advice on a range of small-business issues, including sales, marketing, finance, legal, HR, technology, growth and strategy. Companion to the site is a new weekly e-newsletter, BizBuzz, which promises to deliver "valuable tips for managing your business, new feature articles from expert columnists, cutting-edge blogs about today’s most critical business topics, free offers and discounts on business products and services from our industry-leading sponsors, plus much more." Sign up at the site.

Labor law compliance. The U.S. Department of Labor recently redesigned and relaunched its Compliance Assistance Web Portal, a site designed to help workers and employers understand and comply with federal employment laws and regulations. The redesigned site features enhanced navigation and content. Included within the site are fact sheets on a variety of employment law issues, regulatory text, frequently asked questions and a range of additional compliance-assistance information.

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posted by Robert Ambrogi @ 12:05 PM, , links to this post

Thursday, January 03, 2008
School of Podcasting

[The following column originally appeared in print in October 2006. I am republishing it as part of my continuing effort to maintain an archive of my published columns. Important note: I have not updated this since its original publication. While most of the sites remain as described, some may have changed. All information was current as of the date of original publication.]

Have you ever considered a career in the lucrative and rewarding field of legal podcasting? Are you a lawyer who sometimes wears headphones with your pinstripes? Do you ever wish you could send your colleagues your deepest thoughts in digital format? If you answered yes to any of these questions, then the Ambrogi School of Legal Podcasting could be for you.

Many famous legal podcasters are graduates of our school. We can't identify them because, being lawyers, they'd probably sue us. But trust us, several of our graduates are earning six-figure incomes!* (*Although not from podcasting.)

Interested? Send no money now. Instead, take this free, no-obligation course, "Launching Your Career in Legal Podcasting." Ready? Let's get going.

Essential Equipment

To start, you'll need a computer. Not just any computer will do – you'll need one that plays and records sound. If you don't have a computer that meets this requirement, then, let's face it, you're probably a cheapskate who won't ever pay our tuition.

Still with us? OK, you'll also need devices to get the sound into and out of your computer. We call them "microphone" and "headphones." Note that we did not say "speakers." Using headphones prevents feedback and echoes that distort the recording.

Any computer microphone and headset combination will work – the same headsets you use for computer gaming or Internet telephony. In general, USB headsets deliver better sound than those that plug into your computer's microphone and speaker jacks.

For more professional sound, consider a package such as Podcast Factory from M-Audio. For $180, you get a high-quality microphone with desktop stand, a USB audio-interface device with gain and level controls and stereo inputs, and a suite of recording and mixing software.

Hardware all set up? Because so many of our students are incapable of plugging in a microphone, we recommend this five-minute sound test at AudioHelp. It ensures that your microphone and speakers function properly.

Sound Software

OK. With the mike on your desk and headphones on, you look like a pro already. But you're not ready to start yet. Now you need the software that will record your voice to your computer and allow you to edit it.

For this, you want Audacity, a free, open-source program for recording and editing sound. Don't let the price fool you. Audacity has sophisticated editing features that let you trim out unwanted gaps or glitches, weave in music or other sounds, and add special effects such as equalization and reverb. For Apple users, another option is GarageBand.

One feature Audacity lacks is the very one you most want it to have – the ability to record in MP3 format. For this, there is a simple fix, called the LAME MP3 Encoder. You can read all about LAME at http://lame.sourceforge.net. But to quickly add it to Audacity, search "lame" from the Audacity site and you'll find the instructions. Once you've added LAME, you will be able to export Audacity recordings into MP3 format.

For an even more polished sound, you may want additional production software for adding in sound effects, audio tracks, loops and other tricks. The Podcast Factory mentioned above comes with one called Ableton Live Lite 4.

But beware: Before you add music to your podcast, pay attention to licensing and ownership issues. For a safe selection of music for your podcast, visit the PodSafe Music Network.

The secret ingredient that distinguishes a podcast from other Web audio recordings is an RSS feed. This allows your multitudes of fans to subscribe and automatically download new episodes. For the tech-savvy among you who wish to create this feed by hand, a how-to is at AudioFeeds.org. But the simpler route is with software that automates the creation of the RSS feed, such as Podifier or FeedForAll.

Online Podcasting Tools

Now that I've told you about all the software you need, I'll reveal to you that you don't need any of it. Several Web services let you record, store and distribute your podcast online, requiring no special software on your computer. One is Podomatic, a free service that lets you record and syndicate podcasts via your Web browser. Another free service is Odeo Studio, which lets you record audio over the Web or upload files you've recorded on your computer.

Like any broadcast, a podcast is more interesting with a guest. Using voice over Internet, you can interview or have a conversation with someone and record it as a podcast. A popular Internet phone service is Skype. But the Skype software does not allow call recording, so podcasters turn to third-party options that enable Skype recording, such as Pamela and Hot Recorder.

An alternative Internet phone service, Gizmo, directly allows voice recording. Gabcast, lets you record and distribute podcasts using your landline or cellular phone.

There you have it, everything you need to get started. Just add your voice and you're on your way to a successful career in legal podcasting.

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posted by Robert Ambrogi @ 8:30 AM, , links to this post

Wednesday, January 02, 2008
Zeitgeist to Zillow: A Round-up of New Sites

[The following column originally appeared in print in May 2006. I am republishing it as part of my continuing effort to maintain an archive of my published columns. Important note: I have not updated this since its original publication. While most of the sites remain as described, some may have changed. All information was current as of the date of original publication.]

It may seem that every new legal Web site these days is a blog. But here are several recently launched sites that remind us that blogs are not the only good ideas on the Web.

• The 'Wikipedia' of law. I've become a big fan and regular user of Wikipedia, the free, user-edited encyclopedia. Last fall, Cornell's Legal Information Institute launched the legal dictionary and encyclopedia Wex, which, like Wikipedia, is collaboratively written and edited by users. Now, another legal wiki has launched, Wiki-Law, and its co-founder says its mission "is to become the Wikipedia of the legal world."

A wiki, according to Wikipedia's definition, is a type of Web site "that allows users to easily add, remove, or otherwise edit all content, very quickly and easily, sometimes without the need for registration." The new WikiLaw intends to use such user-contributed content "to create a free, complete, up-to-date and reliable world-wide legal guide and resource."

Users can contribute content in any of seven categories: Dictionary, Forms, Statutes, Case Briefs, Law Firm Profiles, Law School Profiles and Law Journal Profiles, or they can write their own blog or submit an interesting law related link. As of this writing, contributions were light, but I hope the idea takes off.

• Encyclopedia of Congress. Another new Web resource is modeling itself on Wikipedia, this time to create a tool for citizens to research and share information about members of Congress. Like Wikipedia, Congresspedia is a collaboratively written encyclopedia. But unlike Wikipedia, its focus is exclusively on Congress. It launched in April with 539 articles, one for every current member of Congress, the non-voting delegates, and one former representative. It expects users to build from there by adding new articles on any subjects related to Congress. The site is a collaboration between the Center for Media and Democracy and the Sunlight Foundation.

• 'MySpace' for lawyers. If Wiki-Law aims to be the Wikipedia of the legal world, then Lawbby aspires to become the MySpace of the legal world. While MySpace is where teens and college students meet and mingle, Lawbby says it is "where lawyers mingle," whether for business or pleasure.

Like MySpace, users can create their own profiles and groups, post photos and create blogs. And in a feature more akin to Craigslist than MySpace, users can post classified ads in categories such as jobs, expert services and lawyer referrals. The site was just launched last month and has attracted only a smattering of activity so far. But for all those legal lonely-hearts out there, now you have a home.

• Supreme Court zeitgeist. What is the collective voice of the Web saying about the Supreme Court? Find out at The Supreme Court Zeitgeist, a site that tracks news stories, blog entries, Web links and books and magazines related to the Supreme Court. It achieves this tracking by aggregating the results of searches through tools including Google News, Technorati blog search and del.icio.us link aggregator.

• Real-estate research. Any lawyer who practices real estate law will want to check out Zillow.com, a real estate site launched in February that provides free valuations and other information on more than 40 million homes in the United States. It includes most U.S. homes, not just those for sale. These valuations – which the site calls "Zestimates" – are estimated market values computed using comparable sales and other data.

In addition to valuations, the site offers a variety of useful information, including historical value changes charted over the past year, five years or 10 years; historical value changes as compared to surrounding zip code, city, state or the entire U.S.; all comparable home sales in an area; and individual home data, such as number of bedrooms/bathrooms, square footage, lot size, stories and year built. The site's My Zestimator tool allows users to refine the listed value of a home, based on changes or additions to the home.

Zillow provides satellite, aerial and parcel views of many homes. In addition to standard satellite images, Zillow uses the Bird's Eye View images of Microsoft Virtual Earth, providing multiple perspectives and amazing detail.

• Help finding public records. A new Web site, DetectiveForums.com, provides links to public records resources on the Web alongside free bulletin boards where users can share resources and post questions on public records. The site as of press time has links in only eight categories, but says it will soon have more than 75 categories. In numbers of links, it is no comparison to the public-records sites SearchSystems.net or Pretrieve.com. But the site's bulletin boards could prove useful in helping researchers locate hard-to-find records. That, of course, will depend on how many users the site gets and how much information they have to share. But if you regularly search for public records online, this site is worth watching.

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posted by Robert Ambrogi @ 8:58 PM, , links to this post


Column: Round-up of Recently Launched Sites

[The following column originally appeared in print in January 2007. I am republishing it as part of my continuing effort to maintain an archive of my published columns. Important note: I have not updated this since its original publication. While most of the sites remain as described, some may have changed. All information was current as of the date of original publication.]

We delve into our browser's bookmarks this month, to review recently launched Web sites of interest to the legal profession.

  • Blawg-only search tool. Several sites enable you to search the content of blogs, but they offer no way to limit your search to law-related blogs. A new tool solves this search shortfall by indexing only the content of legal blogs. Called BlawgSearch, it is the creation of Tim Stanley, cofounder of the original FindLaw, and his team at the Web site design company Justia. It launched in November with an index of some 600 blawgs and as of this writing has more than 1,000, with more being added regularly.

    The site includes a directory of blawgs arranged by categories and locations, as well as a directory of other blawg directories. The site's front page lists the most popular blawgs, highlights recent blawg posts and highlights a "featured blawger." Clouds display tags and search terms.

  • Supreme summary. LawMemo, has long been a superior site for labor and employment law resources, but now it becomes a supreme site with the addition of Supreme Court Times. Covering all Supreme Court cases, this new feature compiles information and commentary into a resource that houses virtually everything you might want to know about a case.

    The front page lists all cases on the court's docket. Each case is linked to its own omnibus page. The page includes a plain-English summary of the case, the questions presented, and links to blog commentary, the lower-court opinions, the oral argument transcript, all briefs, the decision when issued, counsel for each party, and outside resources.

    As if all that is enough, the site's editor, Ross Runkel, says he will also add links to "whatever else we can think of." In short, a supreme site for the Supreme Court.

  • Trial by mock jury. A Web site offering mock juries where lawyers can test their cases made its formal launch in January. The site, TrialJuries, allows lawyers to submit their cases and have them "decided" by online jurors similar to those who would serve on an actual jury at trial.

    To use the service, a lawyer submits a written statement of each side's case. Alternatively, the lawyer may submit an audio or video argument. Exhibits may also be added. Then the lawyer submits up to five verdict and five feedback questions using an automated "form builder" and sends the case to the jury. Mock jurors review the submissions and answer the questions. When their review is done, the lawyer receives their verdict and can review their comments and feedback.

    A demo is available at the site. The cost to submit a case is $1,500. With audio, the cost is $2,000, and with video, $2,500. The service is the creation of two lawyers, Lee Glickenhaus, a former litigator and founder of the litigation extranet company T Lex, and Jack E. (Bobby) Truitt, founder of the Louisiana defense firm The Truitt Law Firm.

  • Judicial profiles. What Consumer Reports does for appliances and Zagat does for restaurants, a new Web site aims to do for judges. Called Judicial Reports, the site offers in-depth profiles of New York state's 328 Supreme Court judges. Eventually, it will add New York's federal judges and, if there is demand, judges in other states. Each profile draws on information available in public records together with independent research and analysis. Thus, a profile includes a judge's biography and vital statistics, but also the judge's reversal record, judicial conduct report and financial and campaign-finance disclosures. Included in a judge's biographical profile are comments from lawyers who have direct experience appearing before the judge.

    Access to reports requires an annual subscription. For a firm of 50 or more lawyers, $4,800 buys 12 reports plus The Blue Book of New York City Judges, a digest of the site's research focused on trial judges in the city. For firms of 25 to 49 lawyers, the price is $3,600, and below 25 it is $3,000.

    The site's free front page features an assortment of magazine-style articles and regular columns relating to the administration of justice in New York and elsewhere. The site is operated by the Institute for Judicial Studies, a company directed by Dirk Olin, former national editor of The American Lawyer.

  • 'See' demographic data. If you work at all with demographic data – or even if it simply interests you – check out Social Explorer. Developed at Queens College of the City University of New York, the site's objective is "to help visually analyze and understand the demography of the U.S. through the use of interactive maps and data reports."

    The site features a series of interactive census maps using U.S. census data back to 1940. These maps provide visual displays of census data for the entire country or any location within it for dozens of categories and subcategories. Use it, for example, to see how racial groups are concentrated within the U.S., to compare income levels, or to find where particular industries are concentrated. You can also create slideshows showing movement of data across locations or time periods.

    Special time-series maps show the changing racial compositions of New York City from 1910 to 2000 and of Los Angeles County from 1940 to 2000. Users can create custom demographic reports drawing on a range of historical and current data.

    Use of the site's basic functions is free. Libraries and educational institutions may subscribe to obtain access to a broader range of data and interactive maps.

  • Legal-reporting site. A program designed to prepare future journalists to cover legal affairs has launched a Web site and companion blog. The Carnegie Legal Reporting Program @ Newhouse, is a program launched this year with a grant from the Carnegie Journalism Initiative. The program is based at Syracuse University's S.I. Newhouse School of Public Communications.
    Companion to the new Web site is a blog, LawBeat, written by Mark Obbie, director of the program and former executive editor of The American Lawyer. The blog, Obbie says, "watches the journalists who watch the law. It is meant to start a conversation -- here and in the classroom -- about the quality of journalism focusing on the justice system, lawyers and the law."

  • Linking academia and blogs. The nation's oldest law review now seeks to be its most cutting-edge with the University of Pennsylvania Law Review's launch of a new Web site, PENNumbra. The site is intended to engage a broader audience in legal scholarship by serving as a link between legal academia and the blogosphere.

    Call it "law review on steroids." The site provides the traditional, full-text articles from the print edition of the law review, then adds brief scholarly responses to the articles and online debates between legal scholars on topics of current interest. Visitors can participate by posting their own comments to the site. The UPenn Law Review was founded in 1852 as the American Law Register.

    • Labels:

    posted by Robert Ambrogi @ 8:43 PM, , links to this post

    Tuesday, January 01, 2008
    Column: What's New on the Legal Web

    [The following column originally appeared in print in May 2007. I am republishing it as part of my continuing effort to maintain an archive of my published columns. Important note: I have not updated this since its original publication. While most of the sites remain as described, some may have changed. All information was current as of the date of original publication.]

    As we do here every so often, this month we round up a selection of some of what's new among law-related Web sites.

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    posted by Robert Ambrogi @ 4:04 PM, , links to this post


    Column: Legal Technology Buying Guides

    [The following column originally appeared in print in March 2007. I am republishing it as part of my continuing effort to maintain an archive of my published columns. Important note: I have not updated this since its original publication. While most of the sites remain as described, some may have changed. All information was current as of the date of original publication.]

    Is your firm in the market for a technology upgrade but uncertain what to buy? For consumer-technology products, a shopper can find any number of buying guides. But what about legal-technology shoppers?

    As it turns out, guidance is available, provided you know where to look. Here is a quick tour of sites to check if you are in the market for legal technology.
    Various law-related blogs report on new software and hardware products for lawyers. Check their current postings and their archives for products that interest you. Among the technology blogs worth checking:
    With this list of sites and some virtual shoe leather, you should be able to find guidance on just about any legal technology product.

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    posted by Robert Ambrogi @ 3:44 PM, , links to this post


    Column: Food Allergies and the Law

    [The following column originally appeared in print in February 2007. I am republishing it as part of my continuing effort to maintain an archive of my published columns. Important note: I have not updated this since its original publication. While most of the sites remain as described, some may have changed. All information was current as of the date of original publication.]

    One recent day, an unlabeled peanut-butter cookie nearly killed my teenaged son. We've known of his peanut allergy since he was an infant and thought we had it pretty well in hand. But one taste of an unmarked treat from his school cafeteria sent him into critical anaphylactic shock and required him to be taken by helicopter to a critical care unit in Boston.

    Thankfully he survived. But I can't help but worry about the risk both my sons face for the rest of their lives. Nor can I help but think of the children – and the parents of the children – who may not be so lucky.

    As someone whose children have been allergic to nuts their entire lives, I should be better informed about this than I am. And as a lawyer, I should better understand legal and legislative efforts to protect those with peanut and other food allergies. Scariest about peanuts is how invisibly pervasive they are, used as additives and thickening agents in a host of unlikely foods, from pasta sauce to egg rolls.

    As a lawyer, this crisis got me to thinking: What can lawyers and policy makers do to help protect others from what happened to my son? Towards finding that answer, I devote this column to exploring online resources relating to peanut allergies and the law.

    Given the ubiquity of the peanutbutter-and-jelly sandwich among children, a logical place to start in safeguarding those with peanut allergies is our grade schools. Policymakers in a handful of states have set guidelines – voluntary for the most part – on how schools should deal with life-threatening food allergies, but they've fallen short of regulating this in any meaningful way.

    On a public-policy level, the questions are more complex than simply whether to make schools peanut free. That question, alone, is controversial, but there are others that are equally debatable. Should we require schools to label foods in their cafeterias? To provide peanut-free tables or areas? To allow students to carry and self-administer epinephrine pens?

    The importance of this as a legal and public-policy issue will continue to grow. A 2003 report from The Food Allergy & Anaphylaxis Network found that the number of children with peanut allergies had doubled over the preceding five years and that 79 percent of children with the allergy had experienced severe reactions.

    FAAN's Web site is an excellent resource for general information on food allergies. A section of the site is devoted to legal advocacy. It contains information on federal and state legislative and regulatory initiatives related to food allergies. Specific topics include food labeling, schools and camps, emergency medical services, restaurants and airlines.

    A good resource for information on federal laws and policies relating to food allergies is the U.S. Food and Drug Administration, Center for Food Safety & Applied Nutrition. The site has extensive information about the Food Allergen Labeling and Consumer Protection Act of 2004, which the FDA oversees. It includes the full text of the act as well as numerous documents related to compliance and exemptions. It also has a collection of links to food allergy resources elsewhere in the federal government, primarily relating to health and nutritional issues.

    Other sites with information on law and policy related to food allergies include:
    Lawyers have a critical role to play here. We can help bring about laws, regulations and policies to protect the lives of children with food allergies. We can lobby for clearer labeling. We can support – rather than block – scientific research. We can push for accountability and education.

    We can't cure these allergies, but we can help prevent needless, life-threatening situations such as the one that almost killed my son.

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    posted by Robert Ambrogi @ 3:30 PM, , links to this post

    Saturday, December 29, 2007
    Part Two: Discovering E-Discovery on the Web

    [The following column originally appeared in print in October 2007. I am republishing it as part of my continuing effort to maintain an archive of my published columns. Important note: I have not updated this since its original publication. While most of the sites remain as described, some may have changed. All information was current as of the date of original publication.]

    Second of two parts. (Part one.)

    As I wrote last month in the first half of this two-part column, no lawyer today can afford to ignore e-discovery. No matter the case, digital data is likely to be implicated. That means lawyers urgently need to understand e-discovery and keep abreast of developments in the field.

    In last month's column, I looked at some of the more useful Web sites for learning about and keeping current with this essential area of practice. This month, I survey blogs about e-discovery and look at some vendors' sites that include useful resources.

    E-Discovery Blogs

    As I write this column, at least two e-discovery blogs have launched within the last two weeks, attesting to the significance of this field. Of the 19 blogs surveyed here, some focus on e-discovery law and practice and others on the e-discovery industry, but all are potentially useful for keeping current with the field.
    Vendors' Sites

    A number of companies that market e-discovery services also provide useful resources on their Web sites. In part one of this article, I described DiscoveryResources.org, an e-discovery portal sponsored by the company Fios. The company's main site at www.fiosinc.com provides an array of resources in its own right, some that overlap with its other site and some that do not.

    Other companies whose sites include useful resources for lawyers include:
    An update: After the first part of this column went to press, a new e-discovery organization came into being and, with it, a new Web site worth checking out. Women in eDiscovery focuses on women in law and business with an interest in legal technology.

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    posted by Robert Ambrogi @ 4:59 PM, , links to this post


    Part One: Discovering E-Discovery on the Web

    [The following column originally appeared in print in September 2007. I am republishing it as part of my continuing effort to maintain an archive of my published columns. Important note: I have not updated this since its original publication. While most of the sites remain as described, some may have changed. All information was current as of the date of original publication.]

    (First of Two Parts. Part Two.)

    Last December's revisions to the Federal Rules of Civil Procedure, addressing discovery of electronically stored information, underscored the fact that no lawyer today can afford to ignore e-discovery. No matter the case, no matter the court, digital data is likely to be implicated.

    That means lawyers urgently need to understand e-discovery and keep abreast of developments in the field. In this month's column, the first of two parts on e-discovery, we look at some of the more useful Web sites for learning about and keeping current with this essential area of practice. Next month in part two, we will survey blogs about e-discovery and look at some vendors' sites that include useful resources.

    Getting Started

    For all it offers, DiscoveryResources.org, may be the leading e-discovery portal. Even though the site is sponsored by e-discovery company Fios, it foregoes commerce in deference to its mission, which is to provide news, information and resources about e-discovery. Through both original content and outside links, the site provides timely news stories, substantive articles, tutorials, seminars, podcasts, legal forms and other tools.

    Another useful entry point to resources on e-discovery is the American Bar Association's Legal Technology Resource Center. The site devotes a section to courtroom technology and, within that, a guide to e-discovery resources. While not extensive, the guide is a good starting point.

    If you want to know what federal judges know about e-discovery, you will find no better source than KenWithers.com. In his former role as education attorney for the Federal Judicial Center, Withers taught judges about EDD and technology. Now director of judicial education for The Sedona Conference, Withers' personal site archives his many articles and presentations, discusses e-discovery rulemaking, and provides links to e-discovery resources elsewhere on the Web.

    California lawyer Richard E. Best started posting his civil discovery outlines on the Web in 1999 and has continued to update them ever since at California Civil Discovery Law. From his home page, follow the "electronic data" link for his extensive collection of resources covering state and federal e-discovery, as well as related issues such as e-discovery ethics.

    The Electronic Evidence Information Center, is a fairly modest collection of links to resources and conferences relating to e-discovery and computer forensics. Worth noting is the site's page collecting links to mobile phone forensics tools.

    Research and Practices

    The rapid growth of e-discovery in recent years has left the horse often trailing the cart. A number of organizations are now working to develop standards and practices with the goal of harmonizing e-discovery across courts and industries.

    A leader in this research is The Sedona Conference, a non-profit organization devoted to innovation in antitrust law, complex litigation and intellectual property law. It has devoted substantial work to the establishment of best practices in e-discovery. In June 2007, it released the second edition of The Sedona Principles on e-discovery. This document any many others are available through the Sedona site.

    Given its goal of enhancing the administration of justice, the National Center for State Courts, is immersed in issues surrounding e-discovery in state courts. In August 2006, it published an extensive set of e-discovery guidelines for state trial courts, which is available as a download from this site. Elsewhere, the site compiles research and resources on e-discovery and houses a variety of articles on the topic.

    Directed by legal technology consultant, writer and speaker Tom O'Connor, the Legal Electronic Document Institute, is a non-profit organization devoted to the development of education and standards related to legal electronic documents. Its areas of focus include practice management, electronic trial practice and litigation support, e-filing, e-signatures and e-discovery.

    Similarly, the Electronic Discovery Institute describes itself as a public-interest organization conducting research into the efficacy of various methods of e-discovery. According to the site, the institute's inaugural study is underway, testing the reliability of search and retrieval technology. Once completed, the study will be published here.

    While the foregoing entities focus on e-discovery practices, Socha Consulting takes a different tack with its annual Socha-Gelbmann Electronic Discovery Survey. Think of it as the Consumer Reports of e-discovery vendors. The survey ranks the top e-discovery companies and provides information on many others. The full survey is pricey – $5,000 for 2007 – but a free summary was published in the August Law Technology News. Socha's site includes various free resources as well.

    From the publishers of the Socha-Gelbmann survey comes this related site, The Electronic Discovery Reference Model. The site originally was devoted to development of a model set of standards and guidelines governing e-discovery. With the model now in place and in the public domain, the site focuses on its deployment.

    EDDix is a company devoted to research, analysis and reporting on e-discovery. The "ix" in its name stands for "information exchange." Through this site, it sells various publications containing its research and also provides links to news and resources relating to e-discovery.

    Reading Up on E-Discovery

    A number of sites house original news stories, practice pieces, white papers, seminar presentations and other materials devoted to e-discovery.

    Law.com's Legal Technology Center, for example, maintains a useful section devoted to Electronic Data Discovery. It features news articles and expert commentary written for the site and drawn from legal newspapers and magazines. An "E-Discovery Roadmap" lets you navigate your way through steps in the e-discovery process and learn about their requirements and best practices.

    Craig Ball is a board-certified trial lawyer and a certified forensic examiner, a combination that uniquely qualifies him as an e-discovery consultant and prolific writer on e-discovery and computer forensics. His Web site collects his regular column together with a variety of his articles and presentations.

    LLRX.com has long been a superior site for articles and resources on law technology and practice. From its main page, click on "E-Discovery" in the right-hand navigation column or use the site's search feature to find a library of articles and updates covering e-discovery.

    A collection of e-discovery materials from the Federal Judicial Center can be found by following the "materials on electronic discovery" link from its front page. The collection focuses on civil litigation and includes FJC workshop and seminar materials, research and publications, along with links to selected external materials. A link points to a separate page of materials focused on search and seizure of electronic data in criminal cases.

    FindLaw's Electronic Discovery Center provides substantive articles and white papers on e-discovery along with vendor press releases. An "E-Discovery Wizard" provides checklists and links to articles regarding specific provisions of the federal rules.

    Law Journal Newsletters, a division of ALM, publishes the newsletter E-Discovery Law & Strategy, which can be reached through this site. Subscribers can view the full text of articles as well as download the entire newsletter in PDF. Non-subscribers can view article summaries and purchase individual articles.

    Michael Arkfeld's book, Electronic Discovery and Evidence, is a leading treatise on e-discovery. The book is available for purchase through Law Partner Publishing. Purchasers get password access to Web-only resources available here, including updates, forms and checklists.

    A unique e-discovery resource is the Litigation Support Vendors Association. This site is home to multiple, free discussion forums covering such topics as e-discovery, computer forensics and best practices. All are moderated by industry experts and representatives of legal-technology companies. Also posted here are jobs within the litigation support industry.

    [In Part Two: Our review of e-discovery sites continues with a survey of blogs on the topic and a look at the sites of some e-discovery vendors.]

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    posted by Robert Ambrogi @ 4:55 PM, , links to this post


    Where There's a Wiki, There's a Way

    [The following column originally appeared in print in April 2007. I am republishing it as part of my continuing effort to maintain an archive of my published columns. Important note: I have not updated this since its original publication. While most of the sites remain as described, some may have changed. All information was current as of the date of original publication.]

    When published in 1999, Stanford Law School professor Lawrence Lessig's book, Code and Other Laws of Cyberspace, earned praise from one reviewer as "paradigm-shifting." Later, when Lessig set out to update the book, he shifted the paradigm once again.

    Lessig posted the entire manuscript to a Web site where anyone could contribute edits of their own. Eventually, he took that publicly edited text, added his own edits, and, in December 2006, published the resulting work as Code v2. Soon, he will post the finished book online for readers to continue to revise. U.K. solicitor Justin Patten is taking the same approach to a book he is writing about blogging and social media, http://humanlaw.pbwiki.com.

    The key word in these experiments is collaboration and the engine driving them is a type of Web site known as a wiki, a name taken from the Hawaiian word for fast. A wiki allows any Web page visitor to easily add, remove or edit content. Editing can be done quickly from within a browser and without any special knowledge of authoring formats. A wiki's simplicity and ease of use make it an ideal tool for group projects.

    The first wiki software, WikiWikiWeb, was written in 1994. But it was not until more recently that wikis saw broader use. No doubt, a driving force in their greater popularity has been the best-known wiki – the collaboratively written encyclopedia Wikipedia.

    Neither are wikis new to the legal profession. Denver, Colo., lawyer John DeBruyn, for one, has been experimenting with wikis as a tool for lawyer-to-lawyer collaboration since at least 1997. But in the legal world, as elsewhere, wikis have become more widely used in the last year or two.
    This month, we look at some of the innovative and intriguing ways legal professionals are using wikis.
    Of course, there are any number of innovative wikis outside the legal sphere, as well. For example, the parent company of Wikipedia, Wikimedia, hosts Wikiquote, Wikinews, Wikiversity and Wikispecies, to name just some. So go forth and explore, but be wiki about it.

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    posted by Robert Ambrogi @ 4:15 PM, , links to this post