Labor Day, 2014

Labor Day 2013 300x201 Labor Day, 2014Minnesota home care workers voted to unionize this past week.

Some of us are pro-union. Others of us are anti-union. Still others have a nuanced view that there are good unions and bad unions. There are occupations where it seems appropriate for workers to have some means of collective bargaining. There are situations where unions become bloated or corrupt, where they hurt industry, and where they cost jobs.

But all can agree, I hope, that home care workers, unionized or not, do very hard work and very important work for very little money (compared to what a lot of other people get paid for their work). And so, for a day, Labor Day, let’s set aside partisanship and ideology and just celebrate all of the people who do all the hard work. HAPPY LABOR DAY!

How To Lose Your Client A Boatload of Money Quickly

Fire Alarm2 How To Lose Your Client A Boatload of Money QuicklyMake up an “emergency” and launch the costly and stressful exercise of seeking emergency relief that is dead on arrival. (This is not all that uncommon, unfortunately.)

If you are not already reading DuetsBlog and you are interested in the best IP/trademark blog in Minnesota (and beyond) by far, you are missing out.

Check out this Lulu of a post (and post of a few Lulu’s)…

(To be fair to the lawyers who embark on these Quixotic and futile exercises, sometimes clients come into lawyers’ offices breathless and sputtering with intensity and more or less order lawyers to undertake such actions. Practice pointer: Just say no.)


Electronically Stored Information (ESI): Short Term/Recent History v. Big Picture

35 Desktop Hard Drive 300x242 Electronically Stored Information (ESI): Short Term/Recent History v. Big PictureThe extraordinary cost and burden of discovery of ESI in U.S. litigation has been widely recognized and decried for the past 15 years or more. This is changing.

And about a year ago, I did a post on how trial lawyers’ “idiots’ bargain” created an equilibrium, a balance, or a moratorium of sorts, in which lawyers on both sides of the table maneuver or negotiate around electronic discovery obligations so both sides could avoid the potentially huge expense to their clients and also exposing lawyers’ and law firms’ technological incompetence or sloppiness. But the days of truce are numbered if not over. Electronic discovery costs are coming down and lawyers’ knowledge of e-discovery tools (and using them more carefully) goes up.

But note the lengthy and insightful comment of Chris Chalstrom, CEO and President of Shepherd Data, below. With cost savings and cut corners like strictly defined key word searches, you may be “penny-wise and pound foolish.”

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Locks Vulnerable To A Simple Hack: Can Buyers Sue Before They’re Burgled?

graz 233485 640 300x207 Locks Vulnerable To A Simple Hack: Can Buyers Sue Before Theyre Burgled?Update (August 28, 2014): I guess we’ll see what the U.S. Court of Appeals for the Eighth Circuit has to say

Original post (July 31, 2014): Apparently not. United States Court Judge Susan R. Nelson (D. Minn.)  has thrown out a putative class action against a lock manufacturer who, it is alleged, has made and sold a few lock models that are “stupidly simple” to pick.

The issue: no standing. That is, in the Court’s view, based on recent U.S. Supreme Court precedent, the plaintiffs have suffered no injury (or “no present injury in fact for purposes of standing”). Really?

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Is Getting Rich Selling Violence for Entertainment OK?


Derek Boogaard Is Getting Rich Selling Violence for Entertainment OK?

Derek Boogaard, Dead at the Age of 28

Update (August 28, 2014): The Rohloff complaint, discussed below, bears a resemblance to the LaCouture complaint from several months earlier filed by different law firms on behalf of different former NHL players. They are an interesting study in different styles. (Lots of pictures in the LaCouture complaint, for example.)

The point both lawsuits make is the same: the National Hockey League has made many hundreds of millions of dollars, feeding fans with the brutality of battered skulls of young and gifted athletes for about 100 years. Maybe it is time to stop. And/or maybe it is time to redistribute some of the blood money the league has raked in over the years.

These two cases, along with others, I assume, have been “MDL’d” in Minnesota and will be before U.S. District Court Judge Susan R. Nelson (D. Minn.). (This is a process in which several (sometimes thousands) of lawsuits are consolidated in a single court for pretrial proceedings rather than forcing parties and lawyers to fight very similar fights in a disorderly array of courthouses across the country.)

(If the NHL has problems, what about boxing organizers etc etc etc?)

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