Moon & Yang, APC has a “soft” launch of it’s new website well underway. There are some bugs to sort out, but it’s slowly getting there (slower, at times, than I would like, as the frustrated e-mails to the development team will attest). I will be co-managing the firm’s blog on the website.
The Complex Litigator is moving all domain services…right about now. It may be smooth, but it may cause a day or three of strange behavior. The upside is that I can install proper certificates for secure connections, which will speed things up. Also, I can manage the domain in the same place that I manage the blog, so one less trip when things need updating.
UPDATE: Like, OMG, it finally worked. I spent the entire day fighting to push this transfer through.
“Then they came for me—and there was no one left to speak for me.”
This is actually a shorter version of a post I tried to put up earlier today. The gist is that I am uncomfortable with a few tech giants like Google deciding what communications can be consumed when the "soapbox” is effectively a virtual soapbox now and anything you want heard must go through the Interwebs. The First Amendment isn’t directly implicated, but a few companies now have almost total control over the digital public square, and they are putting their thumbs heavily on the scale.
I read an article yesterday that commented on internal Google emails that referred to Ben Shapiro and Jordan Peterson, and Dennis Prager as “nazis.” I find that both depressing and disgusting. Depressing, as it shows that the current members of society are profoundly ignorant about the Holocaust. Disgusting, since it is simply a horrible slander.
I have heard all three of them speak more than once (Ben Shapiro and Dennis Prager mostly on the radio and Jordan Peterson in interviews). While I don’t know what lies deep in their hearts, I’ve heard nothing remotely close to justifying that abusive label by Google employees. Moreover, nothing they have to say is sufficiently awful to support an effort by Google’s employees to craft ways to exclude their content from recommendation algorithms. According to the story I read, those three individuals all had relatives that were killed during the Holocaust. Now, I happen to think Ben Shapiro, in particular, is frequently an obnoxious and arrogant punk. But at least he refuses to back down from the heckler’s veto mob, so credit for having brass ones I suppose. And not liking an opinion does not make one a “nazi.” That should go without saying. Apparently, it doesn’t.
The bottom line is that, after seeing tech companies like Google and Twitter and Facebook de-platform people while hiding behind their Section 230 immunity, I’ve decided that Google doesn’t get to look at my every purchase, newsletter and interest to make money by targeting ads at me.
I have started to view these lockstep platform bans as cartel behavior. Certain practices in the restraint of trade are categorized as being automatically unlawful. Such practices include group boycotts of competitors, customers or distributors. Implicit cartel agreements to refuse to deal with a class of customers might be per se unlawful behavior in restraint of trade.
If it isn't per se unlawful, the fallback analysis is the "Rule of Reason." I don't specialize in antitrust (at all), but this seems like a theory that should be examined closely by organizations with some resources that are being de-platformed and de-monetized.
Martin Niemöller offered the right warning; if you stay quiet for too long, eventually nobody will be left to speak out when they come for you.
Quite some time ago, I covered a few e-discovery resources on this blog. You can find that old post here.
I'm adding another to that list (additions being long overdue). This list has an interesting collection of state-by-state links. It might set you in the right direction if you have to deal with e-discovery in a state in which you don't normally practice:
Once again I find myself apologizing for the hiatus in blogging. I've been in depositions all over the place, dealing with massive document productions, and writing to the point of stupor. I've decided to add an additional topic that I've flirted with on this blog in the past. Specifically, I am going to mention (in short posts) some technology products that have made my life easier in different ways or are of notable quality (I'm not going to try to do comprehensive product reviews - plenty of people do that online). Some products will be nothing more than a $10 accessory, and some will be like this one, a full computer.
The product: The Surface Pro 3 from Microsoft.
The good: The digital pen is extremely accurate. When you couple the Surface Pro 3 with OneNote (which I am realizing is an awesome tool) and the digital pen, you get exceedingly good handwriting recognition and a great note-taking device for hearings. Convert your written notes to text with the accurate OCR in OneNote. The device is a full PC that is very portable, attractive, and very well built.
Where to find it: Microsoft Store or other retailers
Disclaimer: I was not compensated for any positive comments about this product, and I was not asked to review this product.
I'm sure you missed me immensely. All five of you. Between the demands of work and some under the hood adjustments, I haven't had an opportunity to post anything since September. I am pleased (or just relieved) to report that I have moved safely to SquareSpace hosting platform 7 without any major glitches thus far. I took the opportunity to fiddle with site design to make things ever so slightly cleaner to look at and easier to read. I may do more in the design area, but, for now, the plumbing overhaul is done.
Oh, and there are some cases begging for some special attention. I will take care of that forthwith.
If you just moved to Office 365, but use Outlook on premises, or if you just bought a new computer that will run Outlook and connect to Office 365, this quick tip might be for you. If things work during initial setup, but you lose connectivity later and can't get it back, IPv6 may be the culprit. Office 365 does not play nicely with some IPv6 implementations (depends on the ISP, apparently).
In Network Connections, right click and choose Properties. On the dialog that opens, scroll down in the protocols list and look for check marks by both IPv4 (Internet Protocol Version 4) and IPv6 (Internet Protocol Version 6). Uncheck IPv6 and see if Outlook instantly connects. Hope this saves a few people from migraines. Note: you can find Network Connections by right-clicking the windows icon in the lower left corner of your screen in Windows 8.1. I think you can also find it by hitting the start button in Windows 7, but it's been a while since I had a Windows 7 machine.
First, let me apologize to regular visitors for the drought this last month. A new firm to attend two, back to back colds, and an appellate argument had me running on fumes. I intend to remedy the silence this week. Before getting back to law, however, I need to revisit an issue I touched on once before - the exciting topic of line alignment in pleadings in Word. See this prior post, explaining how to fix a problem I see all the time.
It turns out that my solution for fixing the problem does not work in Word 2013 (which I am using exclusively as a result of selecting Office 365 as the delivery mechanism for Office - and I highly recommend it, for the most part). More specifically, Word 2013, when using the most current document format (docx, without the compatibility option enabled at the time you save), does not even incorporate the setting described in my post linked above. Those settings are "deprecated." It seems that Microsoft, in all its wisdom, thought a new layout engine for Word was in order. I couldn't find a way to control text alignment with line numbering at the top of documents. But Microsoft must surely have a way to do this that I just can't find, right? Sooooo, no.
If you don't believe it, check out the thread I opened on Microsoft's technet site. Now, to be clear, I am still not 100% convinced that what I am trying to do can't be done in Word 2013, using the current document format without the compatibility mode active. The not-so-informative response I received is not filling me with confidence.
I may try to contact the Office team directly and see if they can suggest something. If I have any luck, I will let you know. Until then, I will keep cringing at Word pleadings that are misaligned on the first page.
I tend to stay fairly close to the bleeding edge when it comes to personal technology. For instance, while it seems to freak people out, I have been using Windows 8 since it was in public beta release more than a year ago.
When the 8.1 update to was released last week, I naturally installed it the very first day on three different computers. Personally, the installs were trouble-free on all three machines, though I set them to automatically download and install Windows updates, which made made that installation easier for me than it could have been (there are Windows updates that must be installed prior to the 8.1 update, and the 8.1 update will now show up for you if you don't do that step first).
Last night, however, I did encounter a networking issue related to Windows 8.1, which appears to be a fairly wide-spread issue (lots of talk about it online already in forums, so many people are seeing similar issues). I noticed that, after I woke my machine from sleep, it almost immediately lost internet connectivity (actually, network connectivity of all types, since it couldn't even see the local network printers). I temporarily regained access by disabling the network card and connecting via wifi, but that was erratic as well. I had to disable and enable network cards several times to get enough online search time to troubleshoot. Here are my two suggestions for how to deal with this.
First, roll back the driver on your network card to an earlier version. For many, just reading that was probably very terrifying. Here's how to do it:
You can do this by going to device manager, right click on your network adapter, go to update driver, then "browse my computer for driver software, then"let me pick from a list of...." , uncheck the "show compatible hardware" checkbox and finally select the older version of current driver (if you dont know which, just use trial and error).
Hat tip to Technet. Let me elaborate. Right click in the lower left hand corner of your screen, where the new Windows start screen icon now sits. This brings up the power user menu. Click on Device Manager. Expand the portion of the device list showing "Network adapters." My machine has several, including an ethernet card and a wi-fi adapter. Right click on the adapter giving you trouble. Select update driver. Follow the instructions above (browse my computer for driver...then choose let me pick from a list). In my case, I had 3 drivers, one labelled a "Microsoft" driver and two from the card manufacturer. I selected one from the manufacturer and installed that one. The installation of a manufacturer driver has fixed my problem for the last day.
Now, for a more robust solution, when you are in the Device manager, take note of the name of your network adapter (including any model number) for ethernet and/or wifi. Search online (if you can get there) for that manufacturer's website. Look for a support/downloads menu option and try to find current downloads. I found drivers updated for Windows 8.1 for both of my adapters that way (I haven't installed them yet, since my rollback fix is working for now and I have work to finish). The newest manufacturer drivers should replace any glitchy drivers added during setup.
As an aside, this seems to be something that manufacturers knew was coming, since Dell pulled all of the BIOS files for my computer about a week ago and then released an updated BIOS a few days ago that had unspecified changes to networking compatibility in its change log. Interesting... I installed the updated BIOS and so far everything is behaving.
If you stumble on this post while pulling your hair out over networking problems, I hope it helps.
Don't do what I did. Don't accidentally copy curly quotes when pasting some html code into a code injection area (a little under-the-hood work for authorship signals). Even basic html hyperlinks don't behave so well when you use curly quotes. Just sayin'.