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ISSUE 6 VOLUME 37 JUNE/JULY 2016 Inside

Journal Articles

AI & Future Tech Reading List

Brief Books with Big Scope

New Books

Summer Book Display

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Are You Up to Speed on Recent Updates to Criminal Procedure, FLSA & Trademark Appeal?

Federal Rule Changes that Flew Under the Radar

SPECIAL MID-YEAR EDITION

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Boolean Search Chart

Legal Database Discovery

Holiday Reminder

Layman’s Apps for Lawyers

If This Then That (IFTTT)

Federal Rules of Criminal Procedure The Supreme Court quietly made several modifications to the Federal Rules of Criminal Procedure in late April, and while their deci-sion to allow judges to issue warrants for elec-tronic searches outside their jurisdictions (updating Rule 41) received some media at-tention, their change to Rule 45 (regarding filing deadlines) got little acknowledgment. However, the change to Rule 45 is im-portant for attorneys to note because it elimi-nates the 3-day extension for electronic fil-ings. For consistency, the Judicial Committee is also getting rid of the extension for federal appellate, bankruptcy, and civil electronic filings. More information about all the new crimi-nal procedure rule changes is available at http://blogs.findlaw.com/strategist/2016/05/scotus-changes-the-rules-of-criminal-proced ure-why-it-matters.html. The updated rules will go into effect on December 1, unless Con-gress overrides them.

New FLSA Overtime Rule The Department of Labor’s finalized overtime rule was met with lots of fanfare and contro-versy in May—especially regarding the new

standard salary threshold for overtime eligibil-ity. But few news outlets were reporting a par-ticularly interesting detail of the new overtime rule: for the first time, up to 10% of an em-ployee’s standard salary can be satisfied by nondiscretionary and incentive bonuses. More details are available at https://www.dol.gov/whd/overtime/final2016/over time-factsheet.htm. Like the Federal Rules of Criminal Procedure, the new FLSA rule will go into effect December 1.

Pending Trademark Trial and Appeal Board (TTAB) Rules The US Patent and Trademark Office an-

nounced in April that the Board tasked with

hearing certain trademark litigation had pro-

posed a series of procedural rule changes

regarding attorney filings and discovery.

The first update in nearly a decade, three of

the proposed updates stand out as major

shifts in procedure.

Testimony Options: Parties were previously limited to submitting testimony via deposi-tion unless both sides agreed to submitting written testimony. Under a new proposal,

affidavits and depositions are both ac-ceptable ways to submit testimony, re-gardless of whether both parties agree.

Going Paperless: Solidifying the TTAB’s goal of implementing a completely paperless filing and docketing system, new rules have been proposed that would require attorneys to use the Electronic System for Trademark Trials and Appeals for filings and handle all service notices via e-mail. Consequently, the 5-day response period for service notices has been eliminated.

Discovery Efficiency: Following the trend in

other federal jurisdictions, many of the

proposed TTAB revisions are aimed at tam-

ing the costs and time associated with ful-

filling e-discovery requests. Like the Federal

Rules of Civil Procedure, proportionality

and limits on e-discovery requests are em-

phasized. The comment period for these proposals ended on June 3, and finalized rules are ex-pected to be issued before the end of the year. More information is available at http://www.law360.com/articles/781835/3-big-ttab-rule-changes-you-need-to-know.

PAGE 2 LEGALLY SPEAKING

medical health care

New Books Be the first to check out these great research tools:

Come see our summer book dis-play, located on the table at the front of the library, which showcas-es some of the many Medical & Health Care Law resources that are available at the library.

Immigration Law: What Every Ohio

Lawyer Needs to Know, KFO CLE/16-38

According to US Census da-ta, since 2010 over 4% of Ohio’s population has hailed from another country (about 450,000 peo-ple). At less than 30 pages, this guide to immigration law defines common jargon terms, discusses types of employment visas, and identifies the complexi-ties of immigrants in the criminal justice system.

+

law

Miscellaneous Consumer Bankruptcy Law and Practice, KF1524 .S65 2016 Legal Secretary Federal Litigation, KF319 .C67 2016 Ohio Family Law Handbook, 2016, KFO94 .Z9 F3 2016/FAM Ohio Elder Law Handbook, 2016, KFO94 .Z9 F3 2016/ELD Trial Objections, KF8935 .D8 2015 Warren’s Forms of Agreements on CDROM, KF8836 .W25 CDROM 2016

Corporate Practice Portfolio

Compensation Committees, KF1414 .A2 B8 V.73:3

OSBA CLE Books

Head Trauma and Brain Injury: From the NFL and Beyond, KFO CLE/16-128 Immigration Law: What Every Ohio Lawyer Needs to Know, KFO CLE/16-38 Liquor and Gaming, KFO CLE/16-283 Military and Veterans Law, KFO CLE/16-264 Nuts and Bolts of Wills and Trusts, KFO CLE/16-70 Ohio Elder Law Institute, KFO CLE/16-05

Estate Planning for Same-Sex

Couples, KF750 .B87 2015 Nearly half a million same-sex cou-ples have been legally married in the

year since the US Supreme Court’s Obergefell v. Hodges decision, which means many attor-neys will be called upon in the coming years to help these couples navigate the estate planning process. This book provides an over-view of the unique complications faced by same-sex couples when it comes to basic estate planning, trusts, advance directives, im-

Encryption Made Simple for Lawyers KF320. A9 R54 2015

The Panama Papers leak wasn’t just the largest leaked data scandal in legal industry history—it was the largest leaked data scandal to date. The amount of confidential documents that were hacked was 10 times larger than the entire cache of original Wikileaks files. Encryption is an essential component of data security, and this book provides attorneys and law firms with the guidance, recommendations, and technical explanations to

Unmanned Aircraft in the National Air Space

KF2406. U56 2015

Since drone registration was mandated by the FAA at the end of 2015, the num-ber of registered drones has since sur-passed the number of piloted aircraft that are registered in the US. This vol-ume broadly addresses the various legal umbrellas that apply to drone owner-ship and operation, such as insurance and liability, avia- tion, and Constitutional law.

brief books about

BIG TOPICS

implement it.

migration issues, prenuptial agreements, retirement, health care, and public /private benefits.

PAGE 3 VOLUME 36 ISSUE 6

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Legal Database Discovery: Synonyms Expand Searches

Westlaw CCH Fastcase

&

Using search terms and connectors while con-ducting research on the library’s legal data-bases can help quickly hone your search que-ries, resulting in increased efficiency. However, what search terms and connectors researchers should use can vary greatly between each da-tabase. It’s no small feat to keep track of which search terms and connectors are relevant to which legal database (especially when re-searchers are utilizing multiple databases simul-taneously), which is why we’ve compiled a reference chart (below) that details the most popular search terms and connectors for each database. A more comprehensive version of this chart will be posted in mid-June in the li-brary’s public computer room and on the Sub-scriber Research portal on our website.

One of the biggest problems with traditional keyword searches is that they often unwittingly omit relevant results that contain related words. Luckily CCH Intelliconnect has included a thesaurus in its advanced search options to take the guesswork out of choosing just the right keywords. Identifying synonyms in CCH is as simple as click-ing on “Advanced Search“ and inputting a keyword in the box under “Synonym Lookup.” Clicking on the “View Synonyms” button will reveal a list of related terms. For example, the word contract will return covenant, arrangement, pact, deal, agreement, accord, and satisfaction. The thesaurus will also sug-gest alternative spellings and word formats. (For instance, the word nondisclosure is included with and without a space in the synonym results for pri-vacy. To apply all the synonyms to a search in CCH sim-ultaneously, users simply have to click the checkbox next to “Apply Thesaurus” and then click the “Search Now” command at the bottom of the screen. Don’t forget that CCH Intelliconnect is one of sev-eral research databases that is accessible remotely through the law library’s online Subscriber Research page! Call or stop by the law library to receive your username and pin number to login to the site: http://starkcountyohio.gov/law-library/resources/subscriber-research.

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PAGE 4 LEGALLY SPEAKING

of Interest

Periodical Articles Employment Law “DMEC Survey: Employers Getting Better at Navigating, Complying with Complex Leave Laws” 24 Family and Medical Leave Handbook 2 (May 2016). http://hr.complianceexpert.com/news/dmec-survey-

employers-getting-better-at-navigating-complying-with-complex- leave-laws-1.395152

“Watching the Clock on FMLA: What a Difference an Hour Makes!” 24 Family and Medical Leave Handbook 5 (May 2016). http://hr.com

plianceexpert.com/hr-intelligence/opposing-counsel-watching-the- clock-on-fmla-1.395827

“ ‘Ban the Box’ Has Hit Ohio: New Law Restricts Inquiries About Applicants’ Criminal Histories” Cleveland Metropolitan Bar Journal 16 (May 2016). https://issuu.com/barjournal/docs/may2016_bar

_journal-issuu

Estate Planning & Probate Law “Beyond Castro’s Tablet Will: Exploring Electronic Will Cases Around the World and Re-Visiting Ohio’s Harmless Error Statute” 26 Probate Law Journal of Ohio 149 (March/April 2016). http://www.reminger.com/

media/publication/455_ProbateLawJournalMayApril.pdf “The Chan Zuckerberg Initiative: What’s a Charitable LLC, and How Does It Compare to Traditional Philanthropic Vehicles” 155 Trusts & Estates 31 (May 2016).

Ethics “Who, Me? Am I Guilty of Implicit Bias?” 54 The Judges’ Journal 20 (Fall 2015). http://www.americanbar.org/publications/judges_journal/

2015/fall/who_me_am_i_guilty_of_implicit_bias.html

“Domestic Relations “DOJ Issues New Guidance to Prevent Bias in Sexual Assault, Domestic Violence Cases” 33 Employment Alert 4 (May 11, 2016).

Health Law “Clearing the Path to Patients’ Medical Records” 52 Trial 28 (May 2016).

Law Practice “Cognitive Bias and Its Impact on Expert Witnesses and the Court” 54 The Judges’ Journal 8 (Fall 2015). http://www.americanbar.org/

publications/judges_journal/2015/fall/cognitive_bias_and_its_ impact_on_expert_witnesses_and_the_court.html

“Malpractice? Prove It! Ohio Courts Continue Trend of Applying Case- within-a-Case Doctrine to Reject Legal Malpractice Cases” 30 Ohio Lawyer 18 (May/June 2016). https://www.ohiobar.org/NewsAnd

Publications/OhioLawyer/Pages/Malpractice-Prove-it!-case-within-a- case.aspx

Workers’ Compensation “The Pressing Need for Consistency in the Voluntary Abandonment Doctrine” Cleveland Metropolitan Bar Journal 41 (May 2016). https://issuu.com/barjournal/docs/may2016_bar_journal-issuu

No one can deny that technological advances and econom-ic changes have shaped the modern practice of law and access to justice, but with unprecedented innovations on the horizon, it’s anyone’s guess what the future will hold for attorneys. Below is a list of recommended articles (all pub-lished within the last six months) regarding how artificial intelligence, other tech trends, and new legal business mod-els are projected to impact attorneys and the legal industry.

“What We Need to Know About Watson, Esq.” 67 South Carolina Bar Review 419 (Winter 2016). https://perma.

cc/7N5R-P2QA “ABA Sets Standards for Regulating Nonlawyer Legal Services” Law360.com (Feb. 9, 2016). http://www.law

360.com/articles/756879/aba-sets-standards-for- regulating-nonlawyer-legal-services

“Meet ‘Ross,’ the Newly Hired Legal Robot” Washington Post.com (May 16, 2016). https://www.washington

post.com/news/innovations/wp/2016/05/16/meet-ross- the-newly-hired-legal-robot/

“Virtual Reality Research Aims to Transport Jurors to Crime Scenes” Wall Street Journal Law Blog (May 24, 2016). http://blogs.wsj.com/law/2016/05/24/virtual-reality-

research-aims-to-transport-jurors-to-crime-scenes/ “Will Drone Use Drive Law Firm Evolution?” LegalTech News (June 1, 2016). http://www.legaltechnews.com/

id=1202759040053/Will-Drone-Use-Drive-Law-Firm- Evolution

“How Artificial Intelligence Is Transforming the Legal Profession” 102 ABA Journal 47 (April 2016). http://www.

abajournal.com/magazine/article/how_artificial_intelli gence_is_transforming_the_legal_profession

“What Will A Lawyer’s Practice Be Like in 5 to 10 Years?” 90 The Florida Bar Journal 50 (January 2, 2016). https://

www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/8c9 f13012b96736985256aa900624829/440480945427 ebaa85257f290056d9e2!OpenDocument

“How Artificial Intelligence Helps Lawyers Compete in Today’s Data-Driven World” IPWatchdog.com (May 5, 2016).http://www.ipwatchdog.com/2016/05/05/

artificial-intelligence-lawyers-data-driven/id=68895/ “How 3D Printing Technology Can Help Lawyers” Law Technology Today (May 18. 2016). http://www.lawtech

nologytoday.org/2016/05/how-3d-printing-technology- can-help-lawyers/

A Glimpse into the Future An Ultimate Reading Guide to Un-derstanding Legal Automation and the Law Practice Trends of Tomorrow

PAGE 5 VOLUME 36 ISSUE 6

LAYMAN’S APPS

INFINIT: When you’re on the go and need to transfer a large file

quickly, the Infinit app seems to be the best mobile alternative to Google Drive. The app uses a peer-to-peer network to transfer files between devices or to your contacts fast, whether or not they’ve downloaded the app too. Users can transfer up to 10 GB at a time for free. (Android and IOS compatible)

LOCALE: Designed in response to a common court-

room faux pas, this app uses sensitive location-based data to automatically mute a cell phone when it enters a specified area, like a courthouse. Users can also cus-tomize the app to disable WI-Fi connectivity. (Android only, but a location-based mute option is available

through IFTTT, which is IOS compatible. See details

on left.)

FAXBURNER: Individuals who periodically need to

receive a fax will appreciate the free options available through this app: 25 pages per month inbound and 5 pages total outbound. (Android and IOS compatible).

CHARLIE: Charlie makes meeting new clients and business con-

tacts easy by scouring the Web to automatically generate a one-page dossier on their interests, contacts you have in common, career achievements, and new social media posts that you can quickly browse beforehand. (IOS only)

1PASSWORD: An encrypted master password for all your

passwords, this app basically allows for easy, secure access to all your protected accounts online with only a single password to memorize. (Android and IOS compatible).

LAST MESSAGE: This app is the perfect way to head off an all-

to-common quandary: a dead cell phone battery in the middle of an important conversation. Though it can’t power up your phone, it will automatically send any contacts who try to reach you a mes-sage (via text, Facebook, or Twitter) explaining why you’re not available. (Android only)

BLINK ROADSIDE: Good news for road warriors: this app is a

cheaper (and potentially more convenient) alternative to a AAA membership. One-time, flat-fee roadside services (like changing a flat) are $39. The user friendly interface takes all the hassle out of finding and contacting the nearest available service provider and even sends real-time ETA updates. (Android and IOS compatible)

There’s no shortage of apps designed specifically for law-yers. Everything from billing and trial prep to research and document drafting has mo-bile options these days. It can be hard enough to keep up with all the innovations and conveniences that are in-tended just for legal practi-tioners, but discovering other useful apps that aren’t mar-keted to lawyers can seem just as daunting.

That’s why this page is dedicated to exploring all the apps you may never have known you needed (as an attorney o r otherwise). These “layman’s” apps can help solve common recurring pro-blems, simplify everyday tasks, and create new mobile productivity opportunities. They may even be the an-swer to your wistful plea of, “I wish there was an app for that!”

If This Then That (often abbreviated IFTTT) is a unique and user-friendly app that allows individuals to pro-gram their existing Android and IOS apps to perform unique functions, like automatically syncing your LinkedIn profile picture whenever you update your profile picture on Facebook. The commands are based on “recipes” that establish cause and effect relationships between apps (and even Bluetooth de-vices!) that don’t normally communicate or work to-gether. Below are a handful of other IFTTT recipes that attorneys may find particularly interesting. More recipes and ideas are available on the IFTTT app web page: https://ifttt.com/recipes.

FOR LAWYERS

IF THIS THEN THAT: The App That Makes Any Device Smarter

Automatically save new IOS contacts in your Google contacts: https://ifttt.com/recipes/419 646-save-new-ios-contacts-to-google-contacts

Automatically mute your phone when you ar-rive at a location (for IOS devices): https://ifttt.com/recipes/217889-mute-phone-at-work

Get a new Recommended Recipe sent to your inbox everyday : https://ifttt.com/recipes/125 036-get-a-new-recommended-recipe-in-your-inbox-every-day

Automatically log your calls in a Google Drive spreadsheet: https://ifttt.com/recipes/1616 18-keep-a-call-log