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Denise Howell Denise Howell
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Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at dhowell@gmail.com.

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at tmighell@swbell.net.

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at marty@schwimmerlegal.com.

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at esvenson@gmail.com.
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Between Lawyers provides just-in-time group commentary on the issues raised when technology, culture and the law intersect. We take you behind the firewalls and conference room doors to show you how experienced lawyers deal with these issues and help you prepare for the new challenges we all face. For more, see our introductory post.
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September 6, 2005

Boies Will Be Boies

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Posted by Marty Schwimmer

The other good firm in this part of Westchester, Boies Schiller, is running into problems relating to its use of a document management firm, Amici, in connection with matters it handled, such as that of the Adelphia bankruptcy. David Boies' children have a financial interest in Amici which interest was apparently 'inadvertently' not disclosed.

Adam Smith. Esq. has a commentary, noting that Boies' high-profile in corporate governance matters makes this matter particularly embarrassing.

An interesting point to consider is proper procedure for 'selling' ancillary services (note: even the act of recommending another lawyer within your firm to a client is conceivably 'conflicted' advice).

Question for discussion: The law places a lot of stock in disclosure. Is disclosure sufficient protection when a lawyer gives advice where his or her interests or not necessarily aligned with those of the client?

Comments (2) + TrackBacks (0) | Category: Legal Ethics and Advertising


COMMENTS

1. Bruce MacEwen on September 6, 2005 1:27 PM writes...

Thanks for picking this up, Marty; you're right that I found it intellectually devastating that Boies, holding himself out as a paragon of virtue in corporate governance, would "govern" his very own firm so carelessly.
You ask whether disclosure is "sufficient protection," and my instinct is yes, absolutely, using the US securities laws as a model.
Someone once asked me if I could summarize securities law and I blurted out, "You can do anything, so long as you disclose it." Now, the effectiveness of that depends on two things: (a) that the client is sophisticated and can understand the implications of what's being disclosed (presumably the case with corporations going to Boies for governance counsel); and (b) that the disclosure is complete--following Rule 10b-5, that it does not: "make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading."
I'll go with disclosure over micro-management any day of the week.

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2. San Francisco lawyer on September 6, 2005 2:21 PM writes...

Hi, just came across your blog. I enjoyed it ...most informative.

I've been reviewing other legal blogs and I book marking the standouts.

Well, needless to say, I have bookmarked your blawg.


I also write a blawg. Actually, it's more of a collection of Internet Tech tips/observations to inform legal web site owners how to achieve improved search engine standings while avoiding the many Internet scams.

My blawg legal advice library site is still very much a work in progress. My legal directory San Diego attorneys site is the flagship of our 15 legal directory sites that cover California, Texas and Las Vegas.

Please visit and check them out if you have the time

MORE IMPORTANTLY . . .I have been watching the news about Hurricane Katrina as I am sure you have been too. My heart goes out to these people and I pray they get the assistance they need as fast as humanly possible.

What makes me sick are the emails I have been receiving over the past few days from people "claiming" to help. Maybe they are sincere maybe not. I don't know.

-------------------------------------------------------------
If You Want To Help the Hurricane Efforts
-------------------------------------------------------------

Here's two links to legitimate organizations to donate your money too if you want to help.

FEMA - http://www.fema.gov
Red Cross - http://www.redcross.org


Feel free to pass this message on to someone else.

Help someone and donate what you can today.

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