Technology

Apple lays out legal arguments to resist FBI's iPhone demand

February 26, 2016
 Bloomberg News
A week after federal investigators threw down a gauntlet to Silicon Valley, Tim Cook’s lawyers have weighed in, offering cool-headed legal arguments against having  Apple Inc. unlock the iPhone used by one of the attackers who killed 14 people in San Bernardino, California, in December.
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Apple's best arguments against the US over iPhone access

February 25, 2016
 Bloomberg News
Apple has just days left to marshal its legal arguments in the biggest battle in a generation pitting public safety against personal privacy: the U.S. government versus one of the world’s most powerful technology companies.
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Court OKs increase in CLE distance education hours

February 17, 2016
Scott Roberts
The Indiana Supreme Court passed an order Monday increasing the number of continuing legal education hours that judges and lawyers can take through distance education.
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Apple to fight order to help FBI unlock shooter's iPhone

February 17, 2016
 Associated Press
Apple Inc. CEO Tim Cook says his company will fight a federal magistrate's order to help the FBI hack into an encrypted iPhone belonging to one of the San Bernardino, California shooters. The company said that could potentially undermine encryption for millions of other users.
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Cohen/Mattingly: Learn your ESI rules: It's an ethical imperative (chomp)

February 10, 2016
It’s been nearly 10 years since the Supreme Court of the United States approved amendments to the Federal Rules of Civil Procedure to add language addressing electronically stored information, or ESI. Recent FRCP amendments, effective December 2015, clarify ESI obligations. The rules re-introduce traditional concepts of flexibility and proportionality to ESI obligations.
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Indiana man gets 27 months in international spam case

February 2, 2016
 Associated Press
An Indiana man who helped send millions of illegal spam messages to U.S. and international cellphones and computers has been sentenced to 27 months in federal prison by a federal judge in Pennsylvania.
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Feds seek prison for Indiana man in international spam case

February 1, 2016
 Associated Press
Federal prosecutors in Pittsburgh want an Indiana man sent to prison for helping send millions of illegal spam messages to U.S. and international cellphones and computers.
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New IU Maurer website targets millennials

January 27, 2016
Marilyn Odendahl
With splashy photographs and abbreviated copy, Indiana University Maurer School of Law has completely revamped its Internet presence to try to get prospective students to take a breather from surfing other law schools’ websites and plunge deeper into what the Bloomington institution has to offer.
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US court backs Apple motion in patent case against Samsung

January 19, 2016
 Bloomberg News
A U.S. court ruled in favor of Apple Inc. in its patent battle with Samsung Electronics Co. and ordered the South Korean company to stop using software in the U.S. that helps mobile phones infringe on those patents.
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State Department watchdog finds 'inaccurate' response to Clinton email questions

January 7, 2016
 Bloomberg News
A report released Thursday by the State Department's Inspector General found the department provided inaccurate responses in 2012 to inquiries about then-Secretary Hillary Clinton's email practices.
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Apple CEO Tim Cook keeps support for unbreakable encryption

December 18, 2015
 Bloomberg News
Apple Inc. Chief Executive Officer Tim Cook repeated his strong support for unbreakable encryption technology, despite criticism from global law enforcement agencies that believe the digital tools impede criminal and terrorism investigations.
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Should you get insurance on your kid's drone?

December 16, 2015
 Bloomberg News
The next wave of hobby drones will be wrapped in boxes underneath Christmas trees before they fill the skies. If industry sales projections come true, the holiday season will put tens of thousands of relative novices at the controls of small unmanned aerial vehicles in densely populated cities and suburbs. All that amateurish swooping over houses and cars, spooking pets and dodging humans, will invariably lead to cracked windows and more than a few bloody injuries.
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Drones, big and small, said to need registration in US plan

November 23, 2015
 Bloomberg News
Owners of all but the smallest toy drones will have to register them with the U.S. government before the end of the year if the Obama administration adopts proposals issued by a task force it appointed.
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Oracle says judge's expert biased in $1B Google-Java case

November 20, 2015
 Bloomberg News
Oracle Corp. says it can’t get a fair shake from an economics professor serving as a damages expert in its billion-dollar court battle with Google over the Java platform.
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4 attorneys disrupt market by launching legal services company in Indianapolis

November 18, 2015
Marilyn Odendahl
Seeing an opportunity in helping businesses and lawyers with discovery in an electronic world, Hamish Cohen and three of his attorney colleagues – Ray Biederman, Sean Burke and Jon Mattingly – launched Proteus Discovery Group.
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What's in a domain name?

November 18, 2015
Dave Stafford
New .law Internet domain names offer lawyers and firms a rare chance to create an online brand that conveys to consumers a prestigious, professional identity. Or, .law names might just confuse people.
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O'Neil: Litigating in a paperless environment

November 18, 2015
If you walked down the hallway of the average law firm in the year 2000, what would you see? Paper, and a lot of it!
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West Lafayette school officials considering drone ban

November 12, 2015
 Associated Press
School officials in West Lafayette are considering a ban on the use of drones during school hours and school-related activities.
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Start Page: 3 reasons to consider using an Apple Watch

November 4, 2015
Seth Wilson
Lawyers need help managing the massive amounts of information we process on a daily basis. Wearable devices can help weed through the noise and filter the most important information to you when and where you need it.
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Apple fights DOJ over attempt to unlock seized iPhone

October 28, 2015
 Bloomberg News
Apple Inc. is fighting the U.S. Justice Department’s demand for access to data on an iPhone seized during a drug probe just days after the company’s chief executive officer squared off against the director of National Security Agency over privacy.
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Judge Frances Gull receives national award for innovations in Allen County

October 21, 2015
Marilyn Odendahl
For more than 10 years, Judge Frances Gull has spearheaded efforts in Allen County to make the jury process easier and more convenient. She made jury duty less burdensome by incorporating technological advances that help potential jurors feel more comfortable.
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Lawmakers may spoil fantasy sports party

October 12, 2015
Anthony Schoettle, IBJ Staff
The biggest showdown looming for fantasy football goliaths DraftKings and FanDuel has nothing to do with which one can nab the biggest share of the exploding daily fantasy sports market. Instead, state and federal lawmakers are taking a serious look at the legality of their services – a move that could put them out of business in Indiana and other states.
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State courts roll out new public information web portal

June 16, 2015
IL Staff
A new one-stop public state courts Internet portal allows users to search trial and appellate court cases, apply for marriage licenses, pay traffic tickets and take care of other court business.
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Meeting clients in cyberspace

June 3, 2015
Marilyn Odendahl
Twenty-five years ago, people needing legal help either met with an attorney face-to-face or made a phone call. Person-to-person, they explained their problems and made up their minds if the lawyer had the answers. Today, when picking a lawyer, clients first visit the Internet.
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Pressure on PACER

May 20, 2015
Marilyn Odendahl
On May 1, protestors across the country launched their ire on the federal judicial branch. They were not maligning the judges or their decisions, but rather they were imploring the courts to upgrade and improve the online Public Access to Court Electronic Records system.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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