Jumat, 05 Desember 2008

Perspective: Going cold turkey off a handheld

By Eric J. Sinrod

This column usually seeks to bring you up to date on cutting-edge issues where the law and technology intersect. But this week I need to write about a serious addiction.

Instead of alcohol or drugs, I want to focus on the far more pervasive dependence that prevails among the white-collar crowd--on personal digital assistants.

This has been building for quite some time. When I first started practicing law in the early 1980s, typewriter memory cards were considered by many to be "the next big thing." No longer would there be a need for Wite-Out. Some of you reading this unfortunately are young enough not to know what I am talking about.

It wasn't long before some legal secretaries actually had early generation computers on their desks. This was a luxury that did not extend to the attorneys for whom they worked.

Then there came the facsimile revolution. You knew something was extremely urgent when a legal assistant was seen running run down the hall yelling, "You have a fax!"

As time marched on, attorneys began to get their own computers and--miracle of miracles--some even learned to do their own word processing. But portable communications devices still remained over the horizon. During one of my first trials, the firm's senior partner who was working with me proudly lugged around his "portable" telephone with him to court. The phone, its battery, and all of its sprawling gear literally filled an entire briefcase. Instead of dealing with such a technological "advance," I was content to use the courthouse pay phone.

You knew something was extremely urgent when a legal assistant was seen running run down the hall yelling, "You have a fax!"

Once the Internet age started to unfold, desktop computers became more interesting to attorneys. Who could dispute the ease and convenience of e-mail? Yet, the profession still remained tethered to office desks.

Then the Palm Pilot and similar devices arrived on the scene. At first, they were not connected wirelessly to anything. Still, they allowed attorneys to store and access needed information in a handy, small place. (Who can forget the "rapture" of learning the odd symbols needed to write on a Palm Pilot with its stylus?!)

In time, portable phones truly became portable and reception improved. PDAs became wireless and helped attorneys unshackle themselves from their desks by offering the ability to communicate electronically from practically any location.

Today, technologies have converged and improved to the point that a PDA as small as a pack of cards lets me send and receive e-mail, analyze and work with document attachments, or make and receive phone calls. Then there's the non-work stuff--such as accessing Web sites, making purchases, sending and receiving photographs and videos. And that's just for starters.

Is it then any wonder that with all of this magic at their disposal to find people who cannot carry on very long without reflexively turning their attention to their PDAs? That's my particular problem. It does not matter if I'm at work, at a meeting, in a shopping center, outside, on a train, plane or automobile--or even at home.

This point was made abundantly plain to me one week ago when the scroll button on my BlackBerry broke (from overuse, I am convinced), making the unit unable to function. No problem, I thought. I'll call my law firm's information services department and get a replacement the next day. I was told that an order had been made for a number of new BlackBerrys, but they were slated to arrive within a week.

No problem, I concluded. It would be easy enough to do without the device for such a short period of time. Well...I was wrong. It felt as if a limb had been detached. Even though my functioning PDA was gone, I still behaved as if it were at my fingertips. It seemed every down moment found me reaching instinctively for the phantom BlackBerry.

I could have simply slowed down and smelled the roses for a week, living life the way I used to do before having the world in my pocket. However, while it is true that it's annoying that people constantly are turning inward into their devices in their effort to look outward, I really do appreciate the freedom afforded by my BlackBerry.

Without my PDA, I once again was stuck at my desk and was missing out on other parts of my life. With the BlackBerry, I am able to go to my kids' volleyball matches and Irish stepdancing competitions. True, I do I tend to use my PDA when there are lulls, but at least having the device allows me to be out of the office to attend these events while not falling behind.

To make a long story short, just like in the 1980s there was the song "I Want My MTV," I called our IS department again and proclaimed "I Want My Blackberry." Fortunately, they accommodated me. A super version, the Curve, showed up pronto, just before I began to suffer severe PDA withdrawal complications.

Biography
Eric J. Sinrod is a partner in the San Francisco office of Duane Morris. His focus includes information technology and intellectual-property disputes. To receive his weekly columns, send an e-mail to ejsinrod@duanemorris.com with "Subscribe" in the subject line. This column is prepared and published for informational purposes only, and it should not be construed as legal advice. The views expressed in this column are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.

More Perspectives

See more CNET content tagged:
attorney, fax, Palm Pilot, PDA, Turkey

Microsoft waiting for formal rejection from Yahoo

By Dawn Kawamoto
Staff Writer, CNET News
If Microsoft is serious about its bid for Yahoo, why haven't we heard more from the software giant?

Having been informally rejected by Yahoo, the software maker is awaiting a formal rejection before going ahead with its next move, likely appointing its own slate of directors, a move that it has until March 14 to make.

While Microsoft could just raise its bid, one source says the company doesn't see a benefit in bidding against itself until Yahoo shows its willingness to come to the bargaining table. According to The New York Times' DealBook, Microsoft is ready to approve going forward with a proxy battle.

Such a formality may seem surprising, given Yahoo has publicly stated that Microsoft's unsolicited buyout bid first valued at $44.6 billion, or $31 a share, undervalued the company. But a formal step likely is needed to put the ball back into Microsoft's court.

"Yahoo has been radio silent since the offer was made," said a source familiar with Microsoft's thinking. "Until Yahoo is prepared to respond, I don't know why (Microsoft) would want to raise the bid. It would be like bidding against ourselves."

But one source familiar with Yahoo's thinking and the "radio silence" noted: "Sometimes in negotiations, you have to bid against yourself."

Basically, the software giant is waiting for a formal rejection letter from Yahoo, which would include typical "Dear John" merger language like: We reject your offer and think we are worth a lot more than what you are offering. Come sign a nondisclosure agreement and we will show you why we are worth a lot more.

"Yahoo needs to show a willingness to engage and have a conversation and, in less than 24 hours, we would be available to respond," the source familiar with Microsoft's thinking told CNET News.com.

However, "Yahoo may not want to engage until it's pretty certain it has explored all its other options," said one investment banker who is not involved in the transaction.

The banker surmised that Yahoo may try to argue two points on its lack of a formal response. One is that without having formally rejected Microsoft's offer, it can avoid potential shareholder lawsuits for failing to do the deal. And should Microsoft launch a hostile proxy fight or tender offer, Yahoo may try to go to the Delaware Chancery Court (where it is incorporated) with the claim such actions should be delayed, because it is still considering all its options and that is why it has not formally responded to the software giant.

An attorney who declined to be named was not aware of any similar situations in which a target company did not issue a formal response to an unsolicited bid. And the attorney could not offer any strategic advantages on why such action would be taken to forgo a formal response.

"Maybe Yahoo concluded a letter wouldn't matter and, at this point, 19 days since Microsoft made its offer, it would be hard for them to come back and say, 'by the way, your deal undervalues us,'" the attorney said.

A Yahoo spokeswoman referred questions regarding a formal rejection letter back to its public statement that it issued on February 11. A Microsoft spokesman declined to comment.

Meanwhile, a report surfaced Tuesday that Microsoft is planning to authorize a proxy fight later this week.

"We would prefer to do a friendly transaction," the source familiar with Microsoft's thinking told CNET News.com.

Microsoft realizes retaining Yahoo's employees is an important part of the deal and is well aware of key members who would be essential to an integration of the two companies, the source said.

"Efforts are being made to do just that (with respect to retention)," the source said.

Yahoo had no immediate comment in regard to any pending proxy fight with Microsoft. A spokesman for Microsoft reiterated that the company is "aware of its options."

Some Microsoft investors also support the deal, the source said. Matrix Asset Advisors, for example, said it would not only support Microsoft's existing bid but also approve of a slight increase of $33 to $35 a share. A number of Yahoo's 20 largest institutional investors also own Microsoft stock, with a majority of those shareholders having larger positions in the software giant's stock. Matrix, although it is not in the top 20, falls into the category of having dual ownership.

Microsoft's support comes amid a 13 percent drop in its share price since the bid was announced on February 1. The software giant is making the move to better compete with Google in the areas of Web search, online advertising, and Web-hosted services. Yahoo is the perennial No. 2 to Google, but would give Microsoft a huge audience.

Last week, a report published in the New York Post suggested that Yahoo's board was splintering on its assessment of the Microsoft offer.

Jumat, 28 November 2008

Safe Browsing

What is the current listing status for 91.205.233.0?

This site is not currently listed as suspicious.

Part of this site was listed for suspicious activity 2 time(s) over the past 90 days.

What happened when Google visited this site?

Of the 56 pages we tested on the site over the past 90 days, 0 page(s) resulted in malicious software being downloaded and installed without user consent. The last time Google visited this site was on 2008-11-26, and the last time suspicious content was found on this site was on 2008-11-25.

Malicious software includes 39 scripting exploit(s), 2 trojan(s). Successful infection resulted in an average of 0 new processes on the target machine.

Malicious software is hosted on 1 domain(s), including schawkieroth.com/.

Has this site acted as an intermediary resulting in further distribution of malware?

Over the past 90 days, 91.205.233.0 did not appear to function as an intermediary for the infection of any sites.

Has this site hosted malware?

Yes, this site has hosted malicious software over the past 90 days. It infected 39 domain(s), including spanishstays.com/, schawkieroth.com/, egeolog.com/.

Next steps:

http://safebrowsing.clients.google.com/

STATE BY STATE - (includes Lemon Law Attorney Directories)

  • AK - Lemon Laws - Alaska Lemon Law Statutes and Attorney General's Office.
  • AL - Lemon Laws - Alabama Lemon Law Statutes and Attorney General's Office. (M)
  • AR - Lemon Laws - Arkansas Lemon Law Statutes and Attorney General's Office. (*W)
  • AZ - Lemon Laws - Arizona Lemon Law Statutes and Attorney General's Office. (M; *W)
  • CA - Lemon Laws - California Lemon Law Statutes; Civil Code, Attorney General's Office & Lawyer Listings. (*W)
  • CO - Lemon Laws - Colorado Lemon Law Statutes and Attorney General's Office. (*W)
  • CT - Lemon Laws - Connecticut Lemon Law Statutes and Attorney General's Office. (M; *U; *W)
  • DC - Lemon Laws - DC (District of Columbia) Lemon Law Civil Code, Department of Consumer and Regulatory Affairs. (*W)
  • DE - Lemon Laws - Delaware Lemon Law Statutes and Attorney General's Office. (*W)
  • FL - Lemon Laws - Florida Lemon Law Statutes and Attorney General's Office. (*W)
  • GA - Lemon Laws - Georgia Lemon Law Statutes and Office of Consumer Affairs.
  • HI - Lemon Laws - Hawaii Lemon Law Statutes and Office of Consumer Protection. (*W)
  • IA - Lemon Laws - Iowa Lemon Law Statutes and Attorney General's Office. (*W)
  • ID - Lemon Laws - Idaho Lemon Law Statutes and Attorney General's Office. (*W)
  • IL - Lemon Laws - Illinois Lemon Law Statutes, Attorney General's Office and Attorney Listings.
  • IN - Lemon Laws - Indiana Lemon Law Statutes and Attorney General's Office.
  • KS - Lemon Laws - Kansas Lemon Law Statutes and Attorney General's Office. (M)
  • KY - Lemon Laws - Kentucky Lemon Law Statutes and State Attorney General's Office.
  • LA - Lemon Laws - Louisiana Lemon Law Statutes, Attorney General's Office and State Bar Association. (*W)
  • MA - Lemon Laws - Massachusetts Lemon Law Statutes and Office of Consumer Affairs. (M; *U; *W)
  • MD - Lemon Laws - Maryland Lemon Law Statutes and Summary by Department of Legislative Reference. (M; *W)
  • ME - Lemon Laws - Maine Lemon Law Statutes and Attorney General's Office. (M; *W)
  • MI - Lemon Laws - Michigan Lemon Law Statutes, Attorney General's Office & Attorney Listings.
  • MO - Lemon Laws - Missouri Lemon Law Statutes and Attorney General's Office. (*W)
  • MN - Lemon Laws - Minnesota Lemon Law Statutes and Attorney General's Office. (M; *U; *W)
  • MS - Lemon Laws - Mississippi Lemon Law Statutes and Attorney General's Office. (*W)
  • MT - Lemon Laws - Montana Lemon Law Statutes and Attorney General's Office. (*W)
  • NC - Lemon Laws - North Carolina Lemon Law Statutes and Attorney General's Consumer Protection Office. (M)
  • ND - Lemon Laws - North Dakota Lemon Law Statutes and Office of Attorney General. (*W)
  • NE - Lemon Laws - Nebraska Lemon Law Statutes and Office of Attorney General. (M; *W)
  • NH - Lemon Laws - New Hampshire Lemon Law Statutes & Attorney General's Office. (M; *W)
  • NJ - Lemon Laws - New Jersey Lemon Law Statutes, Office of Consumer Affairs and Attorney Listings. (M; *U)
  • NM - Lemon Laws - New Mexico Lemon Law Statutes and Attorney General's Office. (M; *U; *W)
  • NY - Lemon Laws - New York Lemon Law Statutes and Attorney General's Office. (M; *U; *W)
  • NV - Lemon Laws - Nevada Lemon Law Statutes and Attorney General's Office. (M; *W)
  • OH - Lemon Laws - Ohio Lemon Law Statutes and Office of Attorney General. (M; *W)
  • OK - Lemon Laws - Oklahoma Lemon Law Statutes and Office of Attorney General. (*W)
  • OR - Lemon Laws - Oregon Lemon Law Statutes and Office of Attorney General. (M; *W)
  • PA - Lemon Laws - Pennsylvania Lemon Law Statutes, Attorney General's Office and Attorney Listings.
  • RI - Lemon Laws - Rhode Island Lemon Law Code and Office of Attorney General. (M *W)
  • SC - Lemon Laws - South Carolina Lemon Law Statutes and Department of Consumer Affairs.
  • SD - Lemon Laws - South Dakota Lemon Law Statutes and Attorney General's Office. (M)
  • TN - Lemon Laws - Tennessee Lemon Law Statutes and Division of Consumer Affairs Specialist. (*W)
  • TX - Lemon Laws - Texas Lemon Law Statutes and Department of Transportation. (M; *W repairs only)
  • UT - Lemon Laws - Utah Lemon Law Statutes and Division of Consumer Protection.
  • VA - Lemon Laws - Virginia Lemon Law Statutes, Attorney General's Office & Office of Consumer Affairs. (M; *W)
  • VT - Lemon Laws - Vermont Lemon Law Statutes and Office of Attorney General. (*W)
  • WA - Lemon Laws - Washington Lemon Law Statutes and Attorney General's Office: What is Lemon Law? (M; *W)
  • WI - Lemon Laws - Wisconsin Lemon Law Statutes and Dept of Transportation. (M; *W)
  • WV - Lemon Laws - West Virginia Lemon Law Statutes and Attorney General's Office - Complaint Form. (M; *W)
  • WY - Lemon Laws - Wyoming Lemon Law Statutes and Office of Attorney General. (M; *W)
  • KEY:
    M: Covers Motorcycles
    *U: Used Car Lemon Law
    *W: Used Car Express Warranty Coverage - Subsequent buyers are covered within the manufacturer's express warranty period

    Domain name

    The most basic functionality of a domain name is to provide symbolic representations, i.e., recognizable names, to mostly numerically addressed Internet resources. This abstraction allows any resource (e.g., website) to be moved to a different physical location in the address topology of the network, globally or locally in an intranet, in effect changing the IP address. This translation from domain names to IP addresses (and vice versa) is accomplished with the global facilities of Domain Name System (DNS).

    By allowing the use of unique alphabetical addresses instead of numeric ones, domain names allow Internet users to more easily find and communicate with web sites and any other IP-based communications services. The flexibility of the domain name system allows multiple IP addresses to be assigned to a single domain name, or multiple domain names to be services from a single IP address. This means that one server may have multiple roles (such as hosting multiple independent websites), or that one role can be spread among many servers. One IP address can also be assigned to several servers, as used in anycast networking.

    Attorney at law

    An attorney at law (or attorney-at-law) in the United States is a practitioner in a court of law who is legally qualified to prosecute and defend actions in such court on the retainer of clients. Alternative terms include attorney and counselor (or counsellor) at law, attorney, and lawyer.[1]

    The U.S. legal system has a united legal profession, which means that it does not draw a distinction between lawyers who plead in court and those who do not. Many other common law jurisdictions, as well as some civil law jurisdictions, do draw such a distinction: for example, the division of solicitor and barrister (advocate) found in the United Kingdom, and the division of advocate and civil law notary in France. An additional factor which differentiates the American legal system from other countries is that there is no delegation of routine work to notaries public or their civil law equivalent.

    Attorney-in-Fact and Attorney-at-Law

    Strictly speaking, an "attorney is one who acts on behalf of another person in some capacity. An "attorney-in-fact" is akin to an agent who acts on behalf of another person, typically with respect to business, property, or personal matters. Such an agent does not have to be licensed to practice law and may not need to have any license at all.

    By contrast an attorney-at-law, or lawyer, is a person trained and licensed by a relevant jurisdiction to practice law by representing clients in legal matters and giving legal advice. In the United States, the term attorney, standing alone, generally refers to this meaning rather than to "attorney-in-fact".

    The term "attorney-in-fact" is mostly seen in the context of someone representing another person's interest in business negotiations or regarding signature pages on documents where the person signing is doing so on the basis of a power of attorney. The term power of attorney generally relates to an attorney-in-fact, not an attorney-at-law. Alternative titles for "power of attorney" type documents in non-U.S. jurisdictions include the French "Pouvoir", the German "Vollmacht" and the Portuguese "Procuração".

    Attorney-at-Law and Attorney General

    The term Attorney General is used to designate the chief law enforcement officer of a state or other political jurisdiction. The Attorney General is a lawyer who represents the government, prosecutes criminal cases, defends the government from lawsuits against it, and brings civil lawsuits to enforce consumer protection, antitrust, and other laws.

    Older U.S. terminology and non-U.S. terminology

    In common law jurisdictions outside the United States (e.g., England, Canada, Australia), attorney is incorrect as a general term, and lawyer, barrister, or solicitor are used instead. In these areas, the specific terms Crown attorney, power of attorney, and Attorney General, are also used. In intellectual property, the term patent attorney is commonly used.

    In earlier times, some states, as well as the U.S. Supreme Court, maintained a divided legal profession, as can still be found in the United Kingdom, consisting of attorneys (who practised in courts of Law), solicitors (who practised in courts of Equity ) and barristers, also known as counsel, whom solicitors and attorneys instructed to appear in the higher courts. In deference to this practice, when an attorney at law is admitted to practice in some states, his or her certificate of admission bears the title Attorney and Counselor-at-Law in recognition of his inheritance of both of these roles.

    Some attorneys use the post-nominal Esq., the abbreviated form of the word Esquire.

    Once admitted to practice by the highest court of a state (a function sometimes administered by the state's bar association), an American attorney may file legal pleadings and argue cases in any state court (federal courts usually require separate admission), provide legal advice to clients, and draft important legal documents such as wills, trusts, deeds, and contracts.

    In some states, real estate closings may be performed only by attorneys, even though the attorney's role in a closing may involve primarily notarization of documents and disbursement of settlement funds through an escrow account.

    Practicing law includes interviewing a client to identify the legal question, analyzing the question, researching relevant law, devising legal solutions to problems, and executing such solutions through specific tasks such as drafting a contract or filing a motion with a court.

    Most academic legal training is directed to identifying legal issues, researching facts and law, and arguing both the facts and law in favor of either side in any case.

    For several years, law schools have sent through far more students than new job openings have become available. This leads to attorneys (once they pass the bar) seeking work in other occupations, either by choice or by the lack of employment opportunities. This has led to a market in legal temps or contract attorneys, where attorneys spend a certain period of time working on tasks such as discovery for a case.

    Media images

    Contrary to the media image of attorneys, a great deal of litigation and regulatory legal work is spent conducting research in a law library or in an electronic database like Westlaw, LexisNexis, or Bloomberg L.P. Many attorneys also spend a large portion of their working time drafting documents, such as legal briefs, contracts, wills and trusts. Few television programs and movies accurately portray the hours conducting research, often surrounded by a pile of books or printouts, or drafting documents which form the core of the occupational life of many attorneys.

    One occasional exception is the television program Law & Order, which sometimes shows the main characters researching at a computer late into the night (always using Westlaw, due to a contract between Westlaw and the show's producers). Some episodes also show lawyers keeping a small rack of clothes in their office for those times when research lasts all night and the character does not have time to go home to change.

    Another notable portrayal of the profession was the series Murder One which featured a group of lawyers as central characters. The Practice did as well, but its accuracy may be questionable.[citation needed]

    Movies and television also generally show attorneys focused on a single case. Most litigators have many cases in progress at any given time. Each case has deadlines that must be carefully monitored and court dates which one must not forget. Because they often balance many cases at once, attorneys that litigate often have difficult working lives when important documents must be drafted or other work must be performed on different cases at one time.[citation needed]

    In litigation, attorneys spend much time discovering the facts of the case to develop a "theory of the case" that integrates facts and law in a way most favorable to their client. Many attorneys believe[citation needed] that the discovery process has reduced the number of civil cases that actually go to trial since the discovery process often allows for a clear evaluation of the merits of each side's position.

    Some attorneys are not trial lawyers. Non-trial attorneys are sometimes called transactional lawyers or corporate lawyers. Transactional or corporate attorneys specialize in activities that seldom involve them in litigation, such as writing legal opinion letters, drafting wills or trust documents, advising clients, structuring business transactions, negotiating and drafting contracts, developing tax strategies, or preparing and prosecuting filings with government agencies such as the Internal Revenue Service, the Securities and Exchange Commission, or the Patent and Trademark Office.