Once again, the Southern Trial Lawyers will meet in New Orleans. You can read more about the STLA by going here.
It's a lot of fun and worth your time.
Friday, January 11, 2008
STLA in New Orleans, 1/31-2/2
Once again, the Southern Trial Lawyers will meet in New Orleans. You can read more about the STLA by going here.
It's a lot of fun and worth your time.
Transfer Huge Files with PipeBytes
After having just downloaded a huge legal file in three parts, I've gone back to find a better solution ... and found one.
If you a need to transfer a large file but learn that the party sending the file is having trouble, try PipeBytes. It's free. From their site:
No software to install.
* All you need is web browser.
* Send files of any size!
* Your buddy could start downloading file as you upload it.
(That makes the file exchange process up to two times
faster than other web-based file exhange services!)
* It's private unlike BitTorrent or other P2P techologies.
The file is not shared on Internet - it is sent directly
to your recipient.
The sender heads to PipeBytes and gets a code to upload a file, and once the recipient enters the code, the site serves as the connector.
In the past I had issues with YouSendIt.com retaining my file, and this may be a better alternative.
If you a need to transfer a large file but learn that the party sending the file is having trouble, try PipeBytes. It's free. From their site:
No software to install.
* All you need is web browser.
* Send files of any size!
* Your buddy could start downloading file as you upload it.
(That makes the file exchange process up to two times
faster than other web-based file exhange services!)
* It's private unlike BitTorrent or other P2P techologies.
The file is not shared on Internet - it is sent directly
to your recipient.
The sender heads to PipeBytes and gets a code to upload a file, and once the recipient enters the code, the site serves as the connector.
In the past I had issues with YouSendIt.com retaining my file, and this may be a better alternative.
NY State Court To Dismiss Celebrex Cases
Plaintiffs suing Pfizer Inc. over its Celebrex do not have reliable scientific evidence to prove the drug can cause heart attacks and strokes at the 200-milligram dose. The 200 milligram dose is the most commonly prescribe dose of the medication.
The ruling is similar to one in U.S. District Court in San Francisco, where Judge Breyer ruled in November that lawyers for the more than 3,000 plaintiffs failed to produce scientifically reliable evidence that Celebrex causes heart attacks or strokes when ingested at the 200 milligram a day dose. A Daubert challenge worked.
The ruling is similar to one in U.S. District Court in San Francisco, where Judge Breyer ruled in November that lawyers for the more than 3,000 plaintiffs failed to produce scientifically reliable evidence that Celebrex causes heart attacks or strokes when ingested at the 200 milligram a day dose. A Daubert challenge worked.
Sunday, January 06, 2008
Top 5 P.I. Attorney Web Site Mistakes
From the abajournal.com
Of the "best" sites reviewed, here is a list of the most common mistakes:
-- Firms spend more time talking about themselves instead of their clients.
-- The sites lack compassion.
-- Photos are canned, stock art, rather than of real people.
-- The free consultation is ubiquitous.
-- Formal poses of lawyers are more reminiscent of high school yearbook photos than portraying lawyers on the job, investigating accident sites or making hospital visits.
From a link within the one below, there is this:
"4. Name us a personal injury attorney who doesn’t offer a free consultation? Yet, each site plays up this feature of their firm as if they invented it. Why not just invite accident victims to call you to discuss their experience and their legal options?"
Here is the source.
Of the "best" sites reviewed, here is a list of the most common mistakes:
-- Firms spend more time talking about themselves instead of their clients.
-- The sites lack compassion.
-- Photos are canned, stock art, rather than of real people.
-- The free consultation is ubiquitous.
-- Formal poses of lawyers are more reminiscent of high school yearbook photos than portraying lawyers on the job, investigating accident sites or making hospital visits.
From a link within the one below, there is this:
"4. Name us a personal injury attorney who doesn’t offer a free consultation? Yet, each site plays up this feature of their firm as if they invented it. Why not just invite accident victims to call you to discuss their experience and their legal options?"
Here is the source.
Top 10 PDF Tricks
Thanks to lifehacker, they include:
Managing PDF files in iTunes: One of the lesser-known features of iTunes is that it can manage PDF files as well as music. Here.
Another Top 10 is: Design your own DIY notepaper. "Check off your note-taking template options - with your name, project name, and optional hole-punch - and download a printable PDF of the result." Here.
Add the site to your feed.
Managing PDF files in iTunes: One of the lesser-known features of iTunes is that it can manage PDF files as well as music. Here.
Another Top 10 is: Design your own DIY notepaper. "Check off your note-taking template options - with your name, project name, and optional hole-punch - and download a printable PDF of the result." Here.
Add the site to your feed.
Friday, January 04, 2008
A Litigating MIST Cases Blog
You can find it here:litigatingmistcases.com/
What is MIST? Minimum Impact, Soft Tissue case.
It's a site worth checking out. A recent blog post included this:
"The ABA recently published my newest article on MIST cases. This article provides some basic tips on MIST cases. It is not a supplement for reading the book, but it does give you some basic tips. The outline appears below:
10. Read the literature.
9. Talk to the potential client.
8. Learn to use the internet.
7. Take a look at the cars.
6. Get to know the treating doctor.
5. Set reasonable expectations.
4. Get your discovery done timely.
3. Don't waste money.
2. Be aggressive but fair.
1. Try the cases."
The link to that article can be found here.
What is MIST? Minimum Impact, Soft Tissue case.
It's a site worth checking out. A recent blog post included this:
"The ABA recently published my newest article on MIST cases. This article provides some basic tips on MIST cases. It is not a supplement for reading the book, but it does give you some basic tips. The outline appears below:
10. Read the literature.
9. Talk to the potential client.
8. Learn to use the internet.
7. Take a look at the cars.
6. Get to know the treating doctor.
5. Set reasonable expectations.
4. Get your discovery done timely.
3. Don't waste money.
2. Be aggressive but fair.
1. Try the cases."
The link to that article can be found here.
Thursday, January 03, 2008
Top 10 Obscure Google Search Tricks
From lifehacker.com
Good stuff, including:
10. Get the local time anywhere.
9. Track flight status.
Good stuff, and you can find more here.
Good stuff, including:
10. Get the local time anywhere.
9. Track flight status.
Good stuff, and you can find more here.
Organizing Your "To Do" List
It's that time of year when folks resolve to get more organized. I'm one of them. I found a helpful post on Getting Things Done, and the excerpt is below. The post emphasizes a next action list, as opposed to a plain ol' "to do."
"There is nothing more demotivating and numbing than a large, unwieldy and obscure to-do list. It leads to more procrastination and certainly doesn’t invite you to be more effective and productive.
How to transform your deteriorated to-do list back to a lean and mean next action list? It’s time for some serious pruning!
Of course, a perfect GTD system would not allow your next action list to deteriorate into an amorphous list of undoable items. However, in my experience perfect GTD systems are few and far between!
I would therefore recommend applying the 10 tips below for pruning your next action list at least once a week, preferably as part of your weekly review. Remember, a true, lean and mean next action list is much more likely to get you to crank widgets!
1. Be specific
Does each item on your next action list represent the very next, physical and concrete step you must take to make progress on a certain project? Resist the temptation to add more than one next action for each project. Keep the other actions in your project support material.
2. Granularity
Don’t break down each and every thing in your life into tiny actions. Tying your shoe laces doesn’t have to be on your list. At the other end of the spectrum, make sure an item on your list isn’t actually a multi-step action (i.e. project).
3. Doability
Is the item on your next action list something you can and should do? Don’t add impossible items or actions somebody else should do (or could do better than you). Also make sure you really want to do the action (and the associated project).
4. 20 minute rule
In your estimation, will you be able to finish each next action in no more than 20 minutes or so? If not, that might be an indication that you should break down certain items (or perhaps they really are projects after all). Your mind will subconsciously resist complex and long actions.
5. Form
Make sure each item on your next action list actually starts with an action verb. E.g. “call Jim re: proposal project X” instead of “project X: Jim’s thoughts?”. You want each item to evoke action.
Also, limit your next action to a few words instead of complete sentences. You should be able to scan your next action list quickly. If applicable, add extra information to a notes field or even another list.
6. As soon as possible?
Does each item represent an action that needs to be done as soon as possible? Or does your list also contain items that should be done on a certain day (put these in your calendar), or items that you might do in the future (put these in your tickler or on your someday/maybe list), or even items that represent interesting information (put these in your reference system)?"
For more, go to here.
"There is nothing more demotivating and numbing than a large, unwieldy and obscure to-do list. It leads to more procrastination and certainly doesn’t invite you to be more effective and productive.
How to transform your deteriorated to-do list back to a lean and mean next action list? It’s time for some serious pruning!
Of course, a perfect GTD system would not allow your next action list to deteriorate into an amorphous list of undoable items. However, in my experience perfect GTD systems are few and far between!
I would therefore recommend applying the 10 tips below for pruning your next action list at least once a week, preferably as part of your weekly review. Remember, a true, lean and mean next action list is much more likely to get you to crank widgets!
1. Be specific
Does each item on your next action list represent the very next, physical and concrete step you must take to make progress on a certain project? Resist the temptation to add more than one next action for each project. Keep the other actions in your project support material.
2. Granularity
Don’t break down each and every thing in your life into tiny actions. Tying your shoe laces doesn’t have to be on your list. At the other end of the spectrum, make sure an item on your list isn’t actually a multi-step action (i.e. project).
3. Doability
Is the item on your next action list something you can and should do? Don’t add impossible items or actions somebody else should do (or could do better than you). Also make sure you really want to do the action (and the associated project).
4. 20 minute rule
In your estimation, will you be able to finish each next action in no more than 20 minutes or so? If not, that might be an indication that you should break down certain items (or perhaps they really are projects after all). Your mind will subconsciously resist complex and long actions.
5. Form
Make sure each item on your next action list actually starts with an action verb. E.g. “call Jim re: proposal project X” instead of “project X: Jim’s thoughts?”. You want each item to evoke action.
Also, limit your next action to a few words instead of complete sentences. You should be able to scan your next action list quickly. If applicable, add extra information to a notes field or even another list.
6. As soon as possible?
Does each item represent an action that needs to be done as soon as possible? Or does your list also contain items that should be done on a certain day (put these in your calendar), or items that you might do in the future (put these in your tickler or on your someday/maybe list), or even items that represent interesting information (put these in your reference system)?"
For more, go to here.
Wednesday, January 02, 2008
Avandia Warnings: Did They Scare People From Therapy?
"We believe that scrutiny of Avandia may have harmed the U.S. diabetic population by scaring some patients off of therapy. This is unfortunate, given lack of glucose control among diabetics and the growing diabetes epidemic in the country."
So says David Risinger, go here for more.
So says David Risinger, go here for more.
Wednesday, December 26, 2007
Resolution Time: 2008
I make and try to keep resolutions.
For me it's been a year to remember: 2007 began with my decision to open my own law office. It was precipitated by a significant event at the end of 2006. This time last year my former "boss" tried to weasel out of a referral fee to another lawyer. It was a significant fee to be paid to a solo practitioner. When the owner of the firm demanded that I abide by the decision to - in essence - screw another lawyer, I told him would have none of it. That moment was one I will remember forever - I informed that I would resign that very moment if the referral fee was not paid. Ten minutes later I was told to leave, and told (yelled at, actually) that the fee would not be paid. Ninety days later, the Court ordered him to pay it. I have not looked back since, and have been happy with the decision. My 2007 resolution - Be transparent with any attorney who refers a case, provide regular updates and send a referral check promptly was met. Many times.
2008 will bring a list of more basic resolutions and courtesies:
1.When speaking with a person - client, attorney, etc. - I will not pick up my cell phone to see who it is. I will not check my blackberry while in a business setting.
2.My office will march forward to going paperless. We already move all FAX transmissions to our servers, and basic items such as Incident Reports and medical records are scanned. Next up: Other records and documents.
3.Use of IM and texting of clients: Angel Reyes uses texting to reach a client. We will as well. The use of IM in our offices works well, as we are spread out. Next is asking for the IM screen name of clients. I have found that nearly 60% of all clients use IM, even if only on a semi-regular basis.
4.Copying clients on case costs payments. In the old days, there would be sticker shock when a case resolved and the client saw for the first time the costs incurred in a case for matters such as expert witnesses, deposition transcript costs, and the like. Now, clients get all copies of letters showing payments to any entity (but they don't get a copy of the check). This will be a 100% rule in 2008.
5.Compliments: Seems like the law field is one area where compliments to staffers, fellow lawyers, etc. are rare. Not in my office. 2008 is the year of compliments and of 'well done' comments.
For me it's been a year to remember: 2007 began with my decision to open my own law office. It was precipitated by a significant event at the end of 2006. This time last year my former "boss" tried to weasel out of a referral fee to another lawyer. It was a significant fee to be paid to a solo practitioner. When the owner of the firm demanded that I abide by the decision to - in essence - screw another lawyer, I told him would have none of it. That moment was one I will remember forever - I informed that I would resign that very moment if the referral fee was not paid. Ten minutes later I was told to leave, and told (yelled at, actually) that the fee would not be paid. Ninety days later, the Court ordered him to pay it. I have not looked back since, and have been happy with the decision. My 2007 resolution - Be transparent with any attorney who refers a case, provide regular updates and send a referral check promptly was met. Many times.
2008 will bring a list of more basic resolutions and courtesies:
1.When speaking with a person - client, attorney, etc. - I will not pick up my cell phone to see who it is. I will not check my blackberry while in a business setting.
2.My office will march forward to going paperless. We already move all FAX transmissions to our servers, and basic items such as Incident Reports and medical records are scanned. Next up: Other records and documents.
3.Use of IM and texting of clients: Angel Reyes uses texting to reach a client. We will as well. The use of IM in our offices works well, as we are spread out. Next is asking for the IM screen name of clients. I have found that nearly 60% of all clients use IM, even if only on a semi-regular basis.
4.Copying clients on case costs payments. In the old days, there would be sticker shock when a case resolved and the client saw for the first time the costs incurred in a case for matters such as expert witnesses, deposition transcript costs, and the like. Now, clients get all copies of letters showing payments to any entity (but they don't get a copy of the check). This will be a 100% rule in 2008.
5.Compliments: Seems like the law field is one area where compliments to staffers, fellow lawyers, etc. are rare. Not in my office. 2008 is the year of compliments and of 'well done' comments.
Retinopathy of Prematurity: Richard Shapiro and babyblindness.com
Preeminent Attorney Richard Shapiro has his site up and it is impressive. www.babyblindness.com is a site that addresses and explains Retinopathy of Prematurity.
"Retinopathy of Prematurity (R.O.P) is a potentially blinding eye disorder that primarily affects premature infants weighing approximately three pounds or less, born before 31 weeks of gestation (A full-term pregnancy has a gestation of 38–42 weeks). The smaller a baby is at birth, the more likely that baby will develop ROP. This condition is one of the most common causes of visual loss in childhood and can lead to lifelong vision impairment and blindness." There is a Resources page as well.
Richard spoke with me and said that he actually hopes to put himself out of business by addressing the root cause of this - to him - avoidable consequence of premature birth. With proper testing and procedures in place, preemies born with ROP should be diagnosed and treated in a way that the condition is almost unheard of in three to seven years.
The zones of the retina in R.O.P.:
Go to the site here.
"Retinopathy of Prematurity (R.O.P) is a potentially blinding eye disorder that primarily affects premature infants weighing approximately three pounds or less, born before 31 weeks of gestation (A full-term pregnancy has a gestation of 38–42 weeks). The smaller a baby is at birth, the more likely that baby will develop ROP. This condition is one of the most common causes of visual loss in childhood and can lead to lifelong vision impairment and blindness." There is a Resources page as well.
Richard spoke with me and said that he actually hopes to put himself out of business by addressing the root cause of this - to him - avoidable consequence of premature birth. With proper testing and procedures in place, preemies born with ROP should be diagnosed and treated in a way that the condition is almost unheard of in three to seven years.
The zones of the retina in R.O.P.:
Go to the site here.
Thursday, December 20, 2007
30 Seconds of Ad Related Levity
DeNiro - not law related - responds to 'direction' when cutting an ad:
Wednesday, December 12, 2007
Avandia: Higher Risk of Heart Attacks and Death
Older people taking Avandia and Actos had a higher risk of heart attacks, failure and death than those taking other diabetes pills, says a study from Canada.
Diabetics over 65 on the drugs were 40 percent more likely to suffer heart attacks, according to a study in the Journal of the American Medical Association. Avandia increased the risks more than Actos did, possibly because smaller numbers of patients were prescribed the Takeda drug. The findings are similar to those in a May 21 New England Journal report by researchers at the Cleveland Clinic, which found Avandia increased heart attack risks by 43 percent.
You can find the article/study in JAMA .
Source: Here.
Vioxx Settlement Agreement Documents
You may find them at the Brown Greer site. The site informs: "BrownGreer PLC is the Claims Administrator for the Vioxx Settlement. The forms posted on this site may change, so be sure to check back often to get the most recent version. Also, legal developments and amendments to the Settlement Agreement may cause some of these documents to become outdated."
The documents (all in PDF)include:
Master Settlement Agreement (PDF) 2.7MB
Exhibit 1.1 - Registration Order (PDF) 208KB - Click Here for Required Registration Affidavit and Spreadsheet (Excel) 4.29MB
Exhibit 1.2.2.3 - Release (PDF) 700KB (Do not print this version of the Release to use for Enrollment. The Claims Administrator will provide a customized Release for each Registered Eligible Claimant upon receipt of the Registration Affidavit.)
Exhibit 1.3.1 - Required Medical (or PME) Records (PDF) 148KB
Exhibit 1.5 - Required Medical (or PME) Records Submissions Completeness Provisions (PDF) 272KB
Exhibit 2.2.1.1 - Injury Gate Criteria (PDF) 700KB
Exhibit 2.2.1.2 - Duration Gate Criteria (PDF) 116KB
Exhibit 2.2.1.3 - Proximity Gate Criteria (PDF) 32KB
Exhibit 2.2.2 - Evidence of Usage Confirmation Criteria (PDF) 108KB
Exhibit 2.7.3 - Future Evidence Stipulation (PDF) 96KB
The documents (all in PDF)include:
Master Settlement Agreement (PDF) 2.7MB
Exhibit 1.1 - Registration Order (PDF) 208KB - Click Here for Required Registration Affidavit and Spreadsheet (Excel) 4.29MB
Exhibit 1.2.2.3 - Release (PDF) 700KB (Do not print this version of the Release to use for Enrollment. The Claims Administrator will provide a customized Release for each Registered Eligible Claimant upon receipt of the Registration Affidavit.)
Exhibit 1.3.1 - Required Medical (or PME) Records (PDF) 148KB
Exhibit 1.5 - Required Medical (or PME) Records Submissions Completeness Provisions (PDF) 272KB
Exhibit 2.2.1.1 - Injury Gate Criteria (PDF) 700KB
Exhibit 2.2.1.2 - Duration Gate Criteria (PDF) 116KB
Exhibit 2.2.1.3 - Proximity Gate Criteria (PDF) 32KB
Exhibit 2.2.2 - Evidence of Usage Confirmation Criteria (PDF) 108KB
Exhibit 2.7.3 - Future Evidence Stipulation (PDF) 96KB
Tuesday, December 11, 2007
Merck Seeks OTC Approval for Mevacor (Cholestrol Drug)
From Bloomberg.com:
Merck is asking the FDA to make Mevacor (a cholesterol-lowering medicine) available on drugstore shelves without a prescription.
Merck's try is its third in ten years. The FDA is unlikely to approve nonprescription Mevacor becuase of concerns raised by the 250,000-member American Medical Association.
The opposition makes sense. A consumer probably has not outward signs of high cholesterol unless diagnosed by a doctor. This is not a headache or joint pain.
For more, go here.
Merck is asking the FDA to make Mevacor (a cholesterol-lowering medicine) available on drugstore shelves without a prescription.
Merck's try is its third in ten years. The FDA is unlikely to approve nonprescription Mevacor becuase of concerns raised by the 250,000-member American Medical Association.
The opposition makes sense. A consumer probably has not outward signs of high cholesterol unless diagnosed by a doctor. This is not a headache or joint pain.
For more, go here.
Monday, December 10, 2007
Avandia Dropped by Two Pharma Benefit Managers
Two dropped GlaxoSmithKline Plc's diabetes drug Avandia from their national formularies, based on concerns about safety.
Prime and HealthTrans- the managers- issued separate statements, which claimedthat each made a thorough analysis of the clinical literature examining the safety and efficacy of Avandia.
Go here for more.
Prime and HealthTrans- the managers- issued separate statements, which claimedthat each made a thorough analysis of the clinical literature examining the safety and efficacy of Avandia.
Go here for more.
Tim Tebow: Heisman Trophy Winner
I'm a Gator, having graduated from the University of Florida. Saturday night, Gator QB Tim Tebow won the Heisman Trophy:
It's not law related, but it is nonetheless fun to watch - unless you are a nole.
It's not law related, but it is nonetheless fun to watch - unless you are a nole.
Prempro Verdict Tossed
A woman who claimed that Wyeth's hormone-replacement drug caused her breast cancer failed to prove, with have sufficient evidence, that Wyeth's Prempro caused her damage.
The opinion was written by Judge Ricardo C. Jackson. Four cases have gone to trial in Philly. Each time, a jury sided with the plaintiff only to have the judge reverse the verdict.
More than 5,000 women have filed suit.
The opinion was written by Judge Ricardo C. Jackson. Four cases have gone to trial in Philly. Each time, a jury sided with the plaintiff only to have the judge reverse the verdict.
More than 5,000 women have filed suit.
Monday, December 03, 2007
FDA's Shortcomings Put American Lives "At Risk"
From Bloomberg:
American lives are at risk because the U.S. Food and Drug Administration lacks the funding to keep up with scientific advances, according to FDA advisers.
The FDA has an ``appallingly low'' rate of inspections and a lack of scientists who understand new technologies, a subcommittee of an outside panel said in the report, posted today on the FDA web site. The full panel, known as the Science Board, will discuss the findings today.
That the FDA is a mess is not news ... will it try to repair itself?
Go here for more.
American lives are at risk because the U.S. Food and Drug Administration lacks the funding to keep up with scientific advances, according to FDA advisers.
The FDA has an ``appallingly low'' rate of inspections and a lack of scientists who understand new technologies, a subcommittee of an outside panel said in the report, posted today on the FDA web site. The full panel, known as the Science Board, will discuss the findings today.
That the FDA is a mess is not news ... will it try to repair itself?
Go here for more.
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