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This story about a global cybercriminal network is an example of how challenging it is for cops to get the robbers.  They did in this case, congrats to the cops!! Laws don’t stop cybercriminals from crossing borders with increasingly sophisticated schemes.  If you read to the end of the article, the quiet mention of who will  bear the loss (the cops didn’t recover anywhere near all that was stolen) is unresolved.  That’s a fault of the global legal system.  And there is no solution in site. Eight Charged in 45-million Global Cyber Bank Thefts, New York Times.Read More →

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http://ning.it/zL1634 The False Ideals of the Web – op ed piece by Jaron Lanier “The proposed Stop Online Piracy Act, or SOPA, which is being considered in the House while the Senate looks at a similar bill, is deemed the worst thing ever. Popular sites like Wikipedia staged a blackout on Wednesday to protest the bills. Google put a black banner over its name. Nothing quite like that has ever happened before. This is extraordinary, because it shows that belief in the priority of fighting SOPA is so absolute as to trump the stated nonpartisan missions of these sites.” Absolute positions are not the foundationRead More →

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I am a member of the eLawyering Task Force of the American Bar Association’s Law Practice Management Section (LPM).   LPM is one of the ABA’s sections which houses thousands of lawyers who pay attention to the business of being a lawyer.  Recently, there has been a lot of comment on the email threads from task force members about LegalZoom’s legal battles. Richard Granat, one of the eLawyering Task Force co-chairs, and a long time friend, posted recently in the email list – much of what he wrote is public information, and a good bit summarized the activities of the Task Force in the early 2000sRead More →

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The American Bar Association plays a key role in setting a policy framework that States look to when regulating the conduct of lawyers.  The current Ethics commission debates have reached an impasse on the topic of virtual practice.  See  20120619_draft_release_for_comment_rule_5_5_comment_4_virtual_practice . But as any tax lawyer or any international business lawyer will tell you,  jurisdictional boundaries for the practice of law are problematic when either your subject matter or your clients’ business crosses state boundaries.  Tax lawyers advise on the consequences of 50 state tax laws and federal tax law routinely.  International business lawyers structure global transactions taking into account the laws of multiple jurisdictions.  I am not familiarRead More →