Techno-ly Legal

A Horrible Experience with Chase Bank

noreply@blogger.com (Jessica) — Tue, 17 Aug 2010 01:22:00 +0000

Remember how I said my wallet was stolen? Remember how I said Chase was giving me the $600.00 back...well they did, and then they took it all away. Apparently, the transaction for my hamburger at the restaurant where my wallet was stolen posted to my account the day after the transaction for the ridiculous Macy's purchase, which I'll remind you some thief made! Thus, Chase thinks I went on a shopping spree and I am trying to hang them out to dry.

As a result, Chase withdrew $636.18 from my bank account today plus the insufficient funds fees that had posted to my account from the July 28th transaction. So, right now I feel like it's me against the world.

Needless to say, I was less than happy today when I spoke with the Chase Bank Claims Department and was told that I needed to provide proof that my wallet was actually stolen. The lawyer in my suddenly rose from my fury and I said very catty, "Do you want signed affidavits? Because I work for a lawyer and I can get you those."

The Chase representative explained, "No, no. I just need documentation." I said, "Oh, like my application for a new license? My receipts for new wallets? My claims I filed with the Chicago Transport Authority regarding my stolen wallet? The temporary Texas State Driver's License I was issued three days after my wallet was stolen? A representative from Wells Fargo who will also attest that one the same day (July 28, 2010) approximately five minutes after reporting my debit card stolen to Chase Bank, I also reported it stolen to Wells Fargo?"

The Chase representative could sense my frustration and he sighed and said, "Yes, ma'am."

I wanted to scream. I called Wells Fargo Bank, who I might add is looking like Mother Theresa compared to Chase Bank right now, who stated that they could provide me with a three-way dialogue whereby a Chase Bank representative would stay on the line while I telephoned a Wells Fargo representative who could attest that my debit cards was canceled on July 28, 2010, reported as stolen and a new cards were issued on the same date.

I might add, when I found out my wallet was stolen I was devastated and I called Chase Bank crying. I spoke on the phone with them and I felt comforted because the person on the other line assured me I would get my $636.18 back. Talking on the phone to the Chase Bank representative who explained to me that the bank was denying my claim because the account activity on my card looked suspicious, made me want to cry all over again. Instead of feeling reassured I felt like they had branded the scarlet letter on my forehead and I felt like Chase was accusing me of stealing.

As a law student and a future lawyer, my job is to provide my client's with justice. Sometimes justice means the client never goes to Court. In a lot of instances, the client just wants to be heard and acknowledged.

I just want Chase Bank to acknowledge they are wrong. I will fax them an entire book with proof that my wallet is stolen to prove my innocence. Because at the end of the day, we're innocent until proven guilty in this country, UNLESS you bank with Chase Bank.

Not to sound too much like a quote from the Salem Witch Trials, but...

I will go down in flames before I let anyone tarnish my reputation and scorn my good name.

Air and Water Show!

noreply@blogger.com (Jessica) — Sun, 15 Aug 2010 21:48:00 +0000

See and download the full gallery on posterous

Download now or watch on posterous

IMG_0018.mov (4440 KB)

Posted via email from Very Truly Yours, Jessica

noreply@blogger.com (Jessica) — Sat, 31 Jul 2010 06:04:00 +0000

Ok, I've ranted and raved about how much I love Chicago, but it's starting to wear on me. There is something not so awesome about getting your wallet stolen. I know, I know, this can happen in any city and frankly, I am quite stunned it hasn't happened to me already. But at the same time, c'mon Chicago - first a break up, then I bust myself on your sidewalks, and now you steal from me. You're just solidifying your place in my heart as a place I want to forget.

In all fairness to Chicago, I was at a well-lit upscale organic burger place...around 6:45 PM...with a male friend who isn't exactly muscle-y, but he could win in a fight...and I was talking and chatting...but completely sober...paying pretty close attention and not really drawing attention to myself. Yeah, doesn't that go against everything that "they" say about crimes? Shouldn't these sort of incidents occur in dark alleys, in sketchy neighborhoods, when you're alone, drunk and listening to your iPod while wandering aimlessly?

Humph. So much for my warped perception of reality.

At the end of the day, I can replace all my stuff. I had about $10 in my wallet, a few dollars in coins, an un-cashed birthday check from my grandparents, two debit cards, a bunch of membership cards, my student ID, and my driver's license. The perpetrators only got away with $600 charged to my debit card and my USB drive...I'm lucky my bank caught them. I would think most thieves would hope for more. Lucky for me, I'm a poor law student with very little money to my name and more debt than assets.

I bank with Chase and Wells Fargo. The thieves didn't get anything out of my Wells Fargo account...they must have better monitoring than Chase. Chase let them take $600 which Chase is replacing...so there is as silver lining...I guess. I am going to miss my USB drive and it's a pain in the ass to get a new student ID and driver's license. Ehhhh.

But for some reason, it still hurts. It still bothers me that someone could legitimately steal from someone else. I never have understood why or how someone could think that something they legitimately know is not theirs, should be theirs, especially hard earned money. I just feel a little hurt - not by my perpetrator, but by humanity. When did people get so greedy?

Well, on a lighter note, at least the dumb asses stole my wallet the day before pay day. Some thieves just never win. I like that. :)

Nearing the End of the Second Year of Law School and a bit JADED

noreply@blogger.com (Jessica) — Sat, 17 Apr 2010 08:03:00 +0000

I am nearing the end of my second year of law school and life has become a little bit more stressful. As much as I love the law, the prospect of becoming an attorney in the technology field at this moment is a little bit uncertain. The job market in Chicago is quite slim for lawyers and there are no signs that it's going to get any better.

What does it mean to be a law student in today's economy? It means the bottom of the totem pole. It means you get the job left over after all the unemployed lawyers who are licensed and willing to work for near minimum wage (in some states) don't take. The result is law firms unwilling to hire and pay law clerks for work they would normally be paid for if times were better. What does that mean?

It means all those loans that are given out every year to law students in the name of "education" and "a professional career" are never going to get paid back. (I heard a rumor that President Obama didn't finish paying off his debt to University of Chicago Law School until last year.) Eeek! Will I be 40-something years old and still in debt?

Tuition prices are rising, starting salaries at law firms are lower (between $50,000 to $80,000 for a small to mid-size firm) and nobody has made the connection that it might be impossible for law school graduates to pay off the $150,000 debt (for private law schools) incurred from law school in the allotted time limit (20-25 years for most loans). This figure doesn't even include debt acquired in college!

Even if law students try to "mitigate" (fancy legal term) their losses and attempt to find a nice firm to pay them for their hard work in an attempt to lower the amount they must borrow during the semester and summer, they are met with empty offers. "Work for us 40 hours a week with no pay and we will write you a nice recommendation." This wouldn't be so troubling if a nice recommendation would get you anywhere in this atrocity of a job market. If nobody is hiring and everybody is laying off their new associates, what makes anyone think a nice recommendation from an employer-firm will make much of a difference when the recent law graduate is sitting in a room filled with applicants with at least 1-3 years of experience? Law students are thus left with the option to incur more debt and gain "experience" or take a job working at retail job, which they are clearly over qualified for (remember, law students ALREADY graduated from college and received at least a BACHELOR'S DEGREE).

What happens if the law student decides to "mitigate" his/her losses and take the retail job paying minimum wage? Well, they then get reamed during the interview process for "lacking experience" or worse they don't even get an interview.

The moral of this story is don't think twice before going to law school - think five times and then ask yourself - do I like the prospect of incurring huge amounts of debt with little payoff and rewards? Do I really love the law or just the idea of a high profile position as an attorney?

When I entered law school I was a bright and optimistic 21-year-old. Knowing me, I would have said, "Screw the odds. I can do it." And I am, I am doing it. But I am not going to lie, I often wonder what it would have been like to set my mind to another dream. Maybe I would have had a more likely chance of getting a making my parents proud if I would have pursued a career in business or become an engineer. Humph. Too late now.

Now I have seen everything: Barbie gets a webcam in her chest. Ironic.

noreply@blogger.com (Jessica) — Wed, 17 Feb 2010 02:06:00 +0000

via geeksugar.com

Read the full story here: http://www.geeksugar.com/New-Barbie-Comes-Built--Video-Camera-7415767

Posted via web from LibertyLuver's _ Thing I've Seen Today

Life is too good

noreply@blogger.com (Jessica) — Tue, 02 Feb 2010 06:52:00 +0000

School started two weeks ago, I am knee deep in depositions and trial prep for a case going to court this Thrusday, I started dating a new guy and I have had little to no desire to write anything that didn't involve the words, "Please send money."

But I still have lots of news to share. I recently wrote a post for the 3six5 Project! You can read it here. It's about my old college friend who recently moved to Chicago for graduate school. The 3six5 Project is a project created by my friend, Len Kendall, meant to capture 365 points of view for 365 days. Basically, 365 different writers choose a date this year and write about their experiences for that day. It's a really cool idea and so far the posts have been really amazing. I hope mine lives up to the rest.

My courses for this semester include Corporation, High Tech Litigation, Legal Writing IV for IT and Privacy Law, Trial Advocacy, and Constitutional Law II. It's pretty exciting stuff. I love my Legal Writing Professor, my Trial Advocacy professor and my High Tech Litigation professor the best thus far.

My Legal Writing professor actually lived in Austin for 20 years while doing all sorts of IT litigation, so I feel like we are kind of kindred spirits even though he is clearly old enough to be my father. My legal writing professor is also the former Director of the IT and Privacy Law program, so he's extremely knowledgeable about my field of study and extremely personable. My Trial Advocacy professor is actually a judge. His name is Judge Norgle and he's a Northern District Court Judge in Illinois. (My school is right across from the Federal Court house.) Judge Norgle is extremely entertaining and despite the late class (6-9pm), he keeps us all awake, alert and happy. Finally, my High Tech Litigation professor is equally as interesting. He's been practicing for ten years and is very involved in Patent Litigation. I think he knows a great deal about technology litigation and is going to be a great resource for practical advice for what to expect after law school.

Needless to say, I think I am going to really enjoy this semester. I hope to keep you updated, sorry it's been such a long time since I last wrote. Life doesn't stop for the blogsphere and I'm learning that the hard way.

Last but never least, here is a copy of my thesis paper on Online Contractual Agreements and a Lack of Meeting of the Minds. I wanted to share it all with my legal readers since I haven't posted anything particularly relevant to the law lately.

Happy Reading!

Thesis Paper Cyberspace Law

Playing with my New HD Flip and iMovie!

noreply@blogger.com (Jessica) — Sun, 17 Jan 2010 06:01:00 +0000

My best friend lives in Texas and ironically her two best friends both moved to Chicago for school. Thus, Meghan and I made this video for our mutual best friend, Jenn. As you can see, we had a lot of fun running around on Michigan Avenue and being typical girls.

Only a few more days until school starts back up full fledged. It's good to know a few of these days are still left...

When Law Students Get Bored, they take up old hobbies...

noreply@blogger.com (Jessica) — Mon, 11 Jan 2010 07:07:00 +0000

I haven't been writing for SMLS for a while because I've been preoccupied with my favorite old hobby...makeup. For those of you who don't know, I love art. I used to draw a lot as a child and in my teens I became an avid oil painter. Now that I'm in law school I don't have the luxury of spending hours a day doodling or painting. As a result, I've developed a (almost unhealthy) obsession with self expression through makeup.

My favorite brand of makeup is Mac Cosmetics and I own tons of it. I would take a picture of my collection, but I'm a little embarrassed to admit how much I own. (I own so much of it that for Christmas I was given two stackable train cases for storing it!) YIKES!

Needless to say, I've been playing with some looks recently and I wanted to share them with you. Some are inspired by celebrities and famous people, others I dreamed up all my own. Have a look!

Look 1: Inspired by Angelina Jolie, see the video for a tutorial on how to create this look. (I made this look a bit more dramatic for effect than the video does.)

Mac Slimline Lipstick in Gentle Simmer (Gives you that Kim Kardashian wet lip look...love this lipstick!)

Look 2 - Variation of the Angelina Jolie Eye but Less Intense with Pink Sparkle Lip in Mac Lipstick Snob with Mac's Resort Life on top

Look 3 - Red Lip with Mac Brick Lip Liner and Mac Russian Red - See YouTube Video below for help on creating the perfect Red Lip

Look 4 - Warm Soft Blue, Brown and Golden Look (Created in my head! haha.)

Mac Lipstick in Ravishing with Golden Bronze Powder lightly dusted over lips in the center for the golden sheen

Look 5 - Pink and Purples with Blue Eyeliner (Self Created - very intense, not for the faint of heart.) --- Apologies ahead of time for my brows in this picture...

Mac Lipstick in Girl About Town

Let me know which one you like best! Like I said, this is my only artistic outlet, so I hope you don't think I'm totally bizarre for posting these up. I just wanted to show you all how I've been utilizing my time. hahaha.

Is this Trademark Infringement?

noreply@blogger.com (Jessica) — Wed, 06 Jan 2010 04:44:00 +0000

So I stumbled across these shoes on Forever21.com and my first though was...how can Forever 21 make these shoes and not get sued by Christian Louboutin?

Forever 21's Version of Christian Louboutin's Red Sole

Christian Louboutin's Authentic Red Sole

For those of you who don't have the Devil Wears Prada on DVD, hate Sex in the City and can't stand Project Runway, let me just say, Christian Louboutin is the cream of the crop designer of shoes right now. His signature and trademark look always includes a red sole. Watch Oprah lately? Notice the sole of her shoes - they are always red indicating she's wearing Christian Louboutin.

So how is it that Forever 21 can get away with mass producing a red soled shoe? I don't know. But if I was Christian Louboutin's lawyer, I'd be serving some papers to the multi-million dollar label, Forever 21.

Amazing <3 - Farewell 2009 from the Wonderful Eyes and Spirits of Cinema in 2009!

noreply@blogger.com (Jessica) — Thu, 31 Dec 2009 05:49:00 +0000

via youtube.com

This is just perfect.

Posted via web from LibertyLuver's _ Thing I've Seen Today

Awesome: MsTaken.com - perfect cure for every macho man who thinks he can get your number :)

noreply@blogger.com (Jessica) — Thu, 31 Dec 2009 00:24:00 +0000

Who says being engaged is all that? The biggest upside is being left alone, once people spot a ring on your left hand. Whether you're trying to dodge dodgy dudes at the bar, heading to a reunion or visiting your nagging grandmother, slip on your Ms.Taken ring and act as if. It says committed, without the commitment.

via mstaken.com

Check out MsTaken.com otherwise known as Ms. Taken. I saw this site and just had to share it. Great for a good giggle.

Posted via web from LibertyLuver's _ Thing I've Seen Today

Home Sweet Texas

noreply@blogger.com (Jessica) — Thu, 24 Dec 2009 04:14:00 +0000

Posted via web from A Techno-ly Legal Quickie

Perez Hilton Named Hispanic of the Year!? Seriously!?

noreply@blogger.com (Jessica) — Tue, 15 Dec 2009 04:24:00 +0000

I am going to be very frank - I think the fact that Perez Hilton was named Hispanic of the Year by Hispanic Magazine is absolutely ridiculous and so embarrassing. My friend and law school buddy, Huma, agrees and wrote an awesome post ranting about it.
Read It Here: http://humarashid.com/2009/12/14/stupid-ht-im-reading-perez-hilton-named-hispanic-of-the-year/

I wanted to invite you all to read her thoughts because I completely agree, but at the moment I'm knee deep in study sludge and I can't find my way out long enough to even find the energy to rant.
Clearly, Hispanic Magazine thinks the most admired Hispanics should be childish, immature, ignorant personalities, not insightful, intelligent and admirable leaders. It's a pity there aren't better role models for the young Hispanics in this world. I really hope they don't grow up believing that Perez Hilton is someone to be admired.
If Perez Hilton is the best we have in the Hispanic Community, then I'd rather be recognized as just Jessica and by no race or ethnicity. That's just my two cents from my "Czech" and "Mexican" side.

Posted via email from A Techno-ly Legal Quickie

The Year in Photos with my Favorite People!

noreply@blogger.com (Jessica) — Sun, 13 Dec 2009 16:53:00 +0000

It's been an awesome year. Here are just a few of the best moments from 2009 thus far!

Posted via email from A Techno-ly Legal Quickie

Christmatastic: Chicago know how to do Christmas!

noreply@blogger.com (Jessica) — Sun, 13 Dec 2009 15:56:00 +0000

The streets of Chicago are lined with white and blue Christmas lights and all the flower beds have been replaces with greenery. There are two huge Christmas trees in the city: one at Daley Plaza and one one Michigan Avenue! At Daley Plaza you can cruise the Chrismakringle market, get some holiday cheer and hot chocolate and play in the Chicago snow. Love this city!

Posted via web from A Techno-ly Legal Quickie

The End in the Beginning

noreply@blogger.com (Jessica) — Sat, 05 Dec 2009 01:17:00 +0000

It's the last week of Fall Semester, so what does that mean? Finals.

I'm currently finishing up my paper on Online Contractual Agreements for my Cyberspace Law Class and preparing for my first ever take home law school final in Trademarks and Copyright. (will be in my inbox tomorrow morning!)

I feel like I should sum up this year in a few concise words, so here is my attempt...

I lost a near and dear friend to a power and force I cannot control. Now I know we are truly mortal but never really forgotten. We can and do endure with strong influence and an unbreakable spirit.

There have been a few stumbles and a few tears, but nothing a sweet melody or happy memory cannot bandage. I've learned so much about myself and I'm thankful for all the new and old friends I've made and maintained along the way. It's been a profound, endearing and thought provoking year.

Thank you to all those who made this year complete. To new friends, to old friends, to a brave new year!

The Digital Beyond

noreply@blogger.com (Jessica) — Thu, 03 Dec 2009 03:50:00 +0000

Rex, founder of Social Media Law Student, recently shared my post on Digital Life After Death with the founder of The Digital Beyond and he requested I write a guest post. So of course that means I have to give some recognition to The Digital Beyond.

Check out this little video they made to help users with their questionsa bout their digital rights after death. (Basically, they blew my SMLS Digital Life After Death article out of the water with their blog devoted to the topic.)

I dig this video. I love the idea of a visual representation of your thoughts and ideas. In my opinion people get tired of reading and sometimes they just want a simple explanation in plain English as either a graphic or a video. I think the Digital Beyond does a great job of capturing that concept in this video.

Makes you think, right?

Look out for my next article on Social Media Law Student on Online Agreements (aka Browser Wrap, Click Wrap and Shrink Wrap Licenses) and the lack of a meeting of the minds.

Also, I highly encourage you to check out the Digital Beyond - you'd might be surpised how many things you forgot to think about!

Last, but not least, I am also currently writing for my law firm on Grandparent Vistiation Rights in Illinois. You're welcome to read those blog posts as well. I'll place a link up once those have been updated.

Happy Reading!

Thank You to all the Voters!

noreply@blogger.com (Jessica) — Mon, 30 Nov 2009 20:04:00 +0000

The American Bar Association just named Social Media Law Student one of the 100 Top Legal Blogs! You can check out there mention here: http://www.abajournal.com/magazine/article/third_annual_aba_journal_blawg_100

Thank you for all those who voted! We really appreciate your support!

Big Dreams begin with Small Steps

noreply@blogger.com (Jessica) — Fri, 06 Nov 2009 06:14:00 +0000

I haven't written in a while because I've been extremely busy with quite a few big tasks in my law school career.

For one, I competed in the Herzog Moot Court competition two weeks ago and I was fortunate enough to advance quite a few times. There were 182 participants in the competition and I came in 6th place in the entire competition. I was extremely honored and proud to have the honor of competing and even more overwhelmed and humbled by the fact that I advanced to the Octofinals round. I now have the opportunity to be a TA for the Moot Court Competition and Legal Writing course and I am seriously considering taking up a position as a TA next semester.

Also, I started a new job working for a firm here in Chicago. I started two weeks ago and I've been really busy helping them move their law office to a new building. I was extremely honored and humbled to be chosen for the position and I really like the work I have been doing thus far. I think working at this law firm will be a great opportunity to hone my practical skills in a real world legal environment.

I'm still writing for Social Media Law Student and I just posted a new blog article yesterday on Digital Content after Death. The article was inspired by the recent passing of a dear friend. Esther lost her battle with cancer this July, she was 22 years old and one of the most beautiful and kind people I've ever known. She will be greatly missed. You can read my article on digital content post mortem here.

Finally, I'm in full fledged finals mode getting ready for the last month of classes. I only have four weeks of classes left until reading period so my time has been structured around finals and avoiding Swine Flu.

I wanted to post quickly a sample of a flow chart I made for my Evidence class to show my readers what I meant when I said I was a "visual learner". Here is a sample of a chart I would use to study. (This chart was adapted from a flow chart my Evidence professor handed out in class. Here is a link to his blog.) Click on the image for full resolution.

*** Please Note this Image is Copyrighted

I used OmniGraffle to make this chart. As you can see, this is just one chapter of my Evidence class, but I plan to make a large chart like this for all my classes integrating all the chapters. (Think of it as a visual outline.) I've already completed the outline for Evidence and half of the chart for my Trademark and Copyright class. As you can see, they are color coded for easy understanding and fit together like a puzzle. I'd love to hear your thoughts. If you have any questions please let me know.

Please Take this Poll!

noreply@blogger.com (Jessica) — Wed, 14 Oct 2009 04:07:00 +0000

I've decided to write my thesis paper for my Cyberspace Law class on the lack of transparency and "meeting of the minds" when a user consents to online Terms of Service Agreements. If you want a full history of my thoughts behind this visit click here.

I wanted to get a little outsider perspective on Terms of Service Agreements. I know a lot of people don't read them. As I stated in my last post on TOS Agreements, I think the idea of reading a long block of text is overwhelming and frustrating to users. I presented some ideas on how TOS Agreements could be improved. I've now decided to poll all my readers on their thoughts about TOS Agreement improvements since I didn't receive a lot of response from my previous post. (Now you can answer anonymously and easily.)

(Click the image to enlarge preview.)

How could Terms of Service Agreements Be Improved? (Choose all that apply or enter own answer)(survey software)

:) Thank you for taking the time to fill out my poll! I appreciate it immensely!

Too far? AMP Before You Score Pepsi App

noreply@blogger.com (Jessica) — Mon, 12 Oct 2009 04:57:00 +0000

I write this post with some hesitance. I say that for two reasons. One, because I find the new AMP Before You Score Pepsi App rather distasteful and offensive. Two, because SERIOUSLY!? Just watch this video.

Just the name of the application is disgusting! Before You Score!? Stereotyping women is pretty sleezy, but then keeping track of them on your "Brag List" is even sleezier. Ew.

Here's a quote from the different stereotypes and an explanation of the application. Jezebel's Post on the iPhone app.

Here's how it works:

1. Identify Her Type
Got your eye on a girl, and aren't sure how to get started? Pick out her profile, flip the card, and study up quick with a cheatsheet on the stuff she's into, with lists, links and some surefire opening lines. (Surefire to what, we won't say.)

2. Keep a List
Get lucky? Add her to your Brag List. You can include a name, date and whatever details you remember.

3. Brag
You got it? Flaunt it. Keep your buddies in the loop on email, Facebook or Twitter.***

Here's who you get:
Artist
Aspiring Actress
Athlete
Bookworm
Businesswoman
Celebrity
Cougar
Dancer
Foreign Exchange Student
Goth Girl
Indie Rock Girl
Married
Military Girl
Nerd
Out-Of-Your-League Girl
Political Girl
Princess
Punk Rock Girl
Rebound Girl
Sorority Girl
Treehugger
Trouble
Twins
Women's Studies Major

*** It's not clear from my experience with the application that it actually lets you post anything to Facebook or twitter. This could be a feature maybe integrated later? Which then could have very real and possible legal consequences.

I downloaded the application, because I don't believe in ranting about something unless you've used it. So here is my review:

The graphics are cool.
The application is smooth and easy to understand. (Small learning curve for small minded men.)
The information on the flip side of each stereotype is creative. Ex: Business News on the flip side of the Business Woman Stereotype and Wikipedia Page describing Picasso and his work on the flip side of the Artist Stereotype. There's also a map feature to look up venues where the stereotyped woman and you might hang out. (I guess that's useful for date ideas)

But my question is: Why are you dating someone you have nothing in common with in the first place?

The wisest of men would know and realize that no woman is so easily categorized. In fact, men who actually are the "cool guys" don't use applications like these to decode the female gender. They know that common interests mean more than reiterating random facts on Picasso's life found on Wikipedia page.

How pathetic are the men who download and use this application? Do you really an iPhone application to help you get a date? Is it really so difficult to find a woman who likes you for you? Is it so difficult that you have to try to illy stereotype every woman you meet and look up random facts just so you can hold a conversation with her? How sad is it that you have to hijack the interests of the girl you're hitting on and pretend your interests are the same as hers?

I guess there's no real legal harm in an application like this - it's just offensive and pretty pathetic. It's kind of disheartening. I've been racking my brain all night trying to think of a cause of action, but the only thing I can think of is if that Brag List became public. Even then, the only cause of action I can think of would be Libel/Slander or Defamation. However, the Brag List would have to be spread to the public (i.e. Facebook, Twitter, word of mouth, etc.)

As I noted above, my application doesn't have any functionality for syncing with Twitter or Facebook as suggested in the quoted material. So I can't see any legal claims if the names of individuals is stored in a list format on a phone and used solely for personal use. Any ideas for other legal claims I might have missed?

Needless to say, this application makes me seriously question the quality of men out there. If men have to resort to such low techniques to start up a conversation with a woman, then there really is no hope.

Video Legal Marketing, Like a Solid Handshake?

noreply@blogger.com (Jessica) — Sat, 10 Oct 2009 03:56:00 +0000

Legal Marketing Done Different

Have you ever looked for an attorney? Did you open the yellow pages? Phone a friend? Google Search it?

Looking for an attorney can be an overwhelming experience because there are so many choices. There are a dozens of listings for lawyers in the yellow books and in online search results. It can be difficult to find one who makes you feel comfortable and fits your needs. If I were a client, my number one priorities would be trust and confidence that my attorney had my interests at heart. That's why I am not completely opposed to the a new online legal marketing service called LegalTube.

LegalTube is an online video service that allows law firms to upload marketing videos to its site. The website is divided by areas of law and allows users to search by state or by city and state for a lawyer in the client's area. The website also features lawyer jokes, lawyer stories, original webisodes, a hot topics section, an expert Q&A section, an off the record section and links to other legal resources on the web.

Interrestingly, the website caps the Find a Lawyer function at four attorneys per location per practice area. For example, if a client is searching for an IP attorney in Alabama, he or she will not be bombarded with 50 text listings. Instead, the client will see four available attorneys in Alabama - in this case, there is only one IP firm currently advertising with LegalTube in Alabama: Bradley Arant Boult Cummings LLP. For the visual learners, here is their video:

If I was a potential client, I would love the idea of a service like LegalTube. One of the key factors I would be looking for when searching for an attorney would be that I could trust my attorney and that I would be confident they had my interests at heart. Services like LegalTube would allow the clients to get a preview of what a consultation may be like with an attorney before actually sitting down face to face.

The next thing I am about to say is a bit cliches, but I have to say it. Where I grew up (Texas), first impressions mean a lot. Trust is built on something as simple as a handshake and your word. I don't think Texans are the only people who think this way either. A large percentage of the population places trust in something a simple as a face to face conversation. If LegalTube can offer the first building blocks for establishing trust between a client and attorney, then why not market your legal services with them?

Criticisms

However, Rex Gradeless pointed out a few criticisms that I found particularly compelling that I thought should be shared with you all.

First, many state bar associations have rules requiring attorneys place disclaimers on online advertisements. LegalTube fails to address the varying state bar association requirements for legal advertising and does not indicate which states allow for online video advertising.

The terms of service state:

The information on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whasoever, for any indivdiual or company should not be relied upon in that regard.

The services described in this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made avaialbe to LegalTube, LLC and such informaiton should not be relied upon as all-inclusive or accurate.

Second, there are other online video sites directed at attorneys. Such as the VideoVenue, which allows lawyers to upload videos concerning current topics for discussion and debate in the legal field and funn videos pertaining the the law. See this video for an example:

Also, websites like the Legal Broadcasting Network, offer a website dedicated to promoting lawyers in the media and boast a larger audience base for online legal video.

Finally, YouTube and Vimeo have a large stake in the online video market with millions of viewers.

The Criticisms to Consider and the Ones to Ignore

First, it is true that a few of the bar associations are very strict about legal marketing. Here's a post by a fellow law blog talking more about legal ethics and online marketing and networking sites. It's smart to always check the rules of ethics in your state before performing any form of legal marketing - especially on the internet. In this instance, Rex is right - double check everything. Heed his advice.

Second, although both these sites offer a greater audience, their marketing message is not the same as LegalTube's message.

Unlike the Legal Broadcasting Network, which focuses mainly on branding lawyers as legal experts for commentary purposes, LegalTube focuses on legal marketing between clients and lawyers in a one-on-one atmosphere. I get the impression that LBN is talking at me, instead of talking to me. Whereas, LegalTube seems more focused on the relationship between the client and the attorney.

Also, LegalTube is for legal marketing, whereas VideoVenue seems like a site targeted at casual conversation between lawyers, not legal marketing . The only similiarity between the two sites is the legal jokes, webisodes and lawyer stories. However, LegalTube seems to be more focused on attorney-client building and expert Q & A by location.

YouTube and Vimeo do not cater to the online community. Both websites offer a huge audience base, but offer no way for an attorney to separate his or her firm from the rest. The idea of a huge audience base is enticing, but what chances does a legal marketing video have against the latest and greatest most popular YouTube video? Not a very strong chance.

I am a fan of LegalTube because I think it's tapping into an old market in a new way. It offers unique features that aren't available anywhere else. I like the idea of being able to get a face to face preview of a client consult and the features that allow me to search for a lawyer by practice area and location. Maybe YouTube does offer a larger audience, but a large audience is pointless if nobody is listening.

A Lack of Youth Reaction to Obama's Nobel Peace Prize Win

noreply@blogger.com (Jessica) — Fri, 09 Oct 2009 19:17:00 +0000

When something newsworthy happens, Social Media outlets are a buzz with reactions, theories, explanations, stories, etc. Social Media is reflective of the culture it exists within. So it was no surprise that today's announcement resulted in a variety of opinions and thoughts flooding the Social Media outlets.

Just in case you aren't up to date, today President Barack Obama was awarded one of the highest honors in history, the Nobel Peace Prize.

I'm not here to discuss whether I think he "deserved" the win - which seems to be the most popular topic of conversation. I'm here to talk about young people's reaction to Obama's Nobel Peace Prize win - or rather their lack of reaction.

I was surprised at how few of my friends on Facebook were talking about Obama's Nobel Prize Win. My Twitter account has been flooded all morning with tweets discussing the nomination.

For a very long time analysts have been asking themselves why young people seem so apathetic towards politics. My Facebook friends aren't apathetic towards Obama's Nobel Peace Prize win, but they are jaded by politics.

Young people are not engaged in politics because despite all the statements to the contrary, young people think their opinions don't matter and are jaded by the bickering, and the name calling and the finger pointing. At then end of the day, politics feels like a bureaucratic mess. It's easy to sit back and watch a bunch of old men fight over a law or social program. Said law or social program will probably be overturned or have the funding stripped from it anyway with the next president. Why work so hard for something that can be so easily lost? Young people are realists and they know better than to wear their hearts on their sleeves, hearts are fragile and easily broken. So are laws and social programs.

In the broader scope of things, young people care more about what's going on in pop culture than what's going on in the world.For example, in college I had a French professor from Mali. He asked the class, "How many of you know where my country is on this map of Africa?" The map was a lot like the one below - there were no country names, but lines were shown to indicate the borders of each country. Nobody could answer our professor. Nobody had any idea where Mali was on a map of Africa. Had my professor asked us where Borat was from, I'm sure we could have at least named the country and identified a general area on the continent of Asia where we believed the fictional country of Kazakhastan should be located.

Questions like those make me wonder how many young people know where Iraq and Afghanistan are located on a map of Asia. This isn't a criticism of young people, it's an explanation of why young people don't update their Facebook status expressing their opinions over Obama's Nobel Prize Win.

Young people don't care because it's not relevant to their lives. Most young people don't own any property, were given the vehicle they drive, work part-time as a babysitter, fast food employee or retail employee. The world matters in the context of the few events that affect their lives at that very moment. Why?

Because in young people's lives, their opinions don't matter - not at work, not at school, not even with their parents. Inevitably, young people do what they are told or they defy orders and face whatever consequences they receive as a result. After defiance, they are often told how they made poor decisions, were irresponsible or shouldn't defy authority. If the world shunned your opinions by punishing your actions, would you continue to express your opinions or would you just say "eff it" and let it be?

So when you read young people's Facebook status updates, don't be surprised if they don't seem to care much about Obama's Nobel Peace Prize win. The only people I could find who cared and expressed their opinion about Obama's Nobel Peace Prize Win were both law students.

Either way, Social Media outlets like Facebook are a great place for young people to express their opinions on their daily lives or pop culture, but don't expect to see too many updates on politics. It would be very antisocial for a young person to post a news article on a serious topic on Facebook. Young people primarily use Facebook for it's social aspect, not for its informative value. (Unless of course the informative value is to see who is dating whom and what that cute guy from high school is doing now.)

Social Media is reflective of our culture. Therefore, if a few pieces of informative content get squished into some status updates and a few jaded young people become a little more informed, then maybe my law student friends who post informative articles on Facebook aren't updating their statuses in vain.

Freedom of Speech vs. Defamatory Statements

noreply@blogger.com (Jessica) — Tue, 06 Oct 2009 05:05:00 +0000

There's a reason parents tell their children not to call each other names. If you do it as an adult the consequences are more extreme than a mere slap on the wrist. Someone who spreads malicious information about another on the internet can be sued for defamation.

What is defamation? Defamation is (a) a defamatory statement, (b) published to a third party, (c) which the speaker knew or should have known was false.

Defamatory statements harm the reputation of the targeted individual. Defamatory Per Se are statements so clearly defamatory that the targeted individual doesn't have to show there was harm to his or her reputation. Example of this include allegations of criminal activity, sexual misconduct, or allegations that a person has a horrible or serious disease.

So why can't you say what you want online? What happened to freedom of speech? The 1st Amendment guarantees certain rights, but just like it's illegal to yell "fire" in a busy train station, it's illegal to spread false statements about a person on the internet.

With the advent of the internet, more and more content creators have found means for expressing their opinions, ideas, and knowledge base (both good and bad). However, these technological advancements have allowed for the easy accesibility to forums for posting opinions, such as Blogger, Wordpress, Facebook, Twitter, etc.

For example, the California Defamation Law Blog posted a nasty exchange between Perez Hilton and Kirstie Alley on Twitter. In the exchange, Alley compared Hilton to Nazis, called him a pedophile repeatedly and then characterized him as "like a rapist". Perez Hilton responded back by asking who Alley's attorneys were and delcaring that she was making libelous, defamatory statements. Perez Hilton is right, it's not okay to spread false statements about another online. This is clearly defamation!

On top of the crazed celebrity rants, The New York Law Blog is reporting a 216% increase in libel suits against bloggers in the last three years. The New York Law Blog also suggests that the reason for the increase in number is homeowners liability insurance.

I know, you're thinking: WHAT!? Yes. Many homeowner's insurance policies include a clause for libel including attorneys fees! So now bloggers have become the target of defamation suites. In the past, nobody sued small bloggers because the libel clause didn't exist, now it does and libel suits have grown astronomically. If your a blogger and your policy doesn't include this clause, maybe you should update your policy just in case you have a stressful day at work and decide to blog about how much you love your job and your boss.

Even if an anonymous blogger wants to write something nasty and remain unknown, that right doesn't exist. A blog is not a personal diary. It's not for your eyes only. The content bloggers write is public and even if its not searchable, it can be found. Bloggers need to beware of what they write and double check and re-read everything. It's not okay to spread lies, to make false statements or to intentionally or unintentionally attack another's reputation. Anonymity does not exist on the internet, so bloggers should be prepared to take responsibiliy for their statements.

It seems the safest bet is to stick to the age-old principles any good mother would teach: If you don't have anything nice to say, don't say it at all. But if I stick to this line of reasoning, I can't help wondering what happened to freedom of speech? Our most controversial and beloved 1ST AMENDMENT has to carry more weight than an age-old admonishment?

Isn't the point of having access to an open forum like the internet to share ideas and thoughts? False statements? No. But critiques, suggestions, insights and satires? Yes. So maybe the saying should be: "Don't lie, but feel free to question and critique." Either way, content generators (aka: bloggers, twitter lovers, facebook stalkers, etc.) should be aware that the law still applies to online activity.

Does Anybody Read Terms of Service Agreements?

noreply@blogger.com (Jessica) — Mon, 05 Oct 2009 19:08:00 +0000

Last week in my Cyberspace Law Class we were educated on the importance of Shrink Wrap Licenses, Click Wrap Licenses, and Browser Wrap Licenses. You can read all about my class room perspective here.

Basically, all those licenses are the licenses we consent to when download software, buy it on CD or use a web based software (webware). I will admit here and now, I don't read a lot of the licenses. In fact, I've probably read a total of six all of which was required for my Technology and the Law class last summer. What does all this mean? It means those of us who fail to read the "I agree" screens and just click "I agree" are actually consenting to terms we've never read. Which leads me to ask: How effective can those licenses be if nobody actually reads them? Doesn't Contracts 101 require a "meeting of the minds" before a contract can be formed?

I have a few theories on why nobody reads those licenses:

Nobody likes reading blocks of text, it makes us tired and we're overwhelmed by the idea of having to read tiny text on a screen that spans 20 pages.
Even if users did take the time to read the licenses, nobody would understand what they are saying because they are written in overly complicated legalease.
It's too easy to just click "accept" or "I agree" and finish installing the software.

Would you read the the terms of service if they were:

Written in plain, simple, everyday terms, short and to the point. (Like bullet points).
Were pictoral or visual like the Creative Commons Licenses?
Reminded you with updates of new terms?
Were easy to find on a website or from a software?
Required you to type the main point of the license, such as, "I agree not to share the music I download"?
Required you to check an accept button next to each statement you consent to?
Allowed you to negotiate the terms with drop down boxes or choices?

I want your opinions and thoughts as well. Do you read the terms of service of all the websites you use and do you actually read the legalease posted on the "I accept" pop-up windows when installing software? Tell me if any of my theories fit with why you don't read the licenses. Suggest your own theories!