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In this issue:

The "IDEAL" Model for Undue Influence Analysis
(Bennett Blum, MD)
Do your cases involve undue influence situations? "Undue influence" is the misuse of a relationship for the purpose of taking unfair advantage of another person. This "unfair advantage" may be the result of the real or apparent authority the perpetrator has over the intended victim; the victim's inherent needs or distress; or the victim's weakness of mind. 1 The concept was created to address discrepancies in either wills or contracts that result from improper means of persuasion. (Read article)
Jurisdictional Issues on the Frontiers of Cyberspace
(Jonathan C. Scott and Lawrence R. Lassiter)
While companies and individuals around the globe struggle to identify and understand the various regulations and laws that can be brought into play due to the international nature of the Internet, courts are also struggling with new and complex issues of personal jurisdiction raised by Internet activity. (Read article)

In previous issues:

Elder Financial Abuse – Why Should You Care?
(Bennett Blum, MD)
LexisNexis CaseMap is pleased to offer this first in a series of articles from Dr. Bennett Blum on the topic of Elder Abuse.  Dr. Blum and LexisNexis CaseMap have also recently produced the first in a series of Internet-based presentations on the topic of "Elder Financial Abuse and Undue Influence."  This "Webinar" may be viewed at: https://casesoft.webex.com/casesoft/onstage/tool/record/viewrecording1.php?EventID=387742112. (Read article)
Mandamus and Interlocutory Appeal Both Advisable to Overturn Order Denying Motion to Compel Arbitration
(Jonathan C. Scott)
Jonathan C. Scott, senior litigation strategist with Lawfinders Associates, Inc., writes that when a Texas trial court denies your motion to compel arbitration, the safe course of action in many cases is to simultaneously seek appellate review in two ways – file an interlocutory appeal and file a petition for writ of mandamus. These dual proceedings should both be undertaken when it is unclear whether the federal or state arbitration act applies. If both routes are not taken, an appellate court may dismiss your request for relief based on a lack of jurisdiction if it decides you followed the wrong procedure. (Read article)
The Lawyer's Guide to Acrobat
(David L. Masters)
Want to learn more about the new Acrobat 8?  Read the new white paper by Acrobat expert, David L. Masters.  David operates a paperless law firm in Colorado and wrote the highly acclaimed, The Lawyer's Guide to Acrobat. (Read article)
Avoiding Spoliation Sanctions Under the New Federal Rules of Civil Procedure
(Jonathan C. Scott)
Jonathan C. Scott writes that when preparing to advise clients about the new federal rules governing electronic discovery, practitioners should not read the new rules in isolation. Instead, practitioners hoping to avoid missteps by clients with respect to electronic information must also review the well-developed body of law providing for spoliation sanctions in certain circumstances and consider how those precedents might be applied in concert with the new rules when disputes regarding electronic discovery arise. (Read article)
Using the Complaint to Jumpstart Case Analysis — A Protocol
(Greg Krehel, LexisNexis)
CaseMap® case analysis software makes it easy to organize the facts, documents, issues and case law in any matter. One of the many factors that make CaseMap quite different from other types of litigation support software tools is how it can be used to control critical case knowledge right from the very first day of any investigation. (Read article)
Adobe Acrobat 8 Set for November Release
(Greg Krehel, LexisNexis)
In anticipation of the November release of Acrobat 8, we thought you might like to review the Three Flavors of Adobe Acrobat. Adobe System's ubiquitous Acrobat software comes in three primary versions: the free Reader, the $299 per license Standard version and the $449 per license Professional version. Which version or combination of versions is right for your organization? If you're a litigator or litigation paralegal, the following article should help you decide. It summarizes the key features for trial team members found in each Acrobat flavor. (Read article)
CaseMap, Assisting Litigation
(Stephen Lombardi, Lombardi Law Firm)
Stephen Lombardi began using CaseMap four years ago. He now uses it not only as a tool to manage litigation, he uses it in other ways to organize his very busy life. Stephen goes by the old adage . . . Anyone can eat an elephant. You just have to eat it one bite at a time. (Read article)
Timelines -- They're Not Just for Trial Anymore
(Greg Krehel, LexisNexis)
Timelines are a particularly powerful form of demonstrative evidence. In many cases, timeline graphs have been a decisive factor in obtaining a favorable trial outcome. And now, a new type of software lets you instantly create timelines so that you can use them every day as a thinking tool and as a communication aid. (Read article)
Using the Complaint to Jumpstart Case Analysis -- A Protocol
(Greg Krehel, CaseSoft)
CaseMap® case analysis software makes it easy to organize the facts, documents, issues and case law in any matter. One of the many factors that make CaseMap quite different from other types of litigation support software tools is how it can be used to control critical case knowledge right from the very first day of any investigation. (Read article)
Preparing a Client for Deposition
(David A. Hirsch)
Preparing a Client for Deposition is a white paper by attorney David A. Hirsch, co-author of the monthly Tech Audit column in the ABA Journal and co-creator of DepPrep® an electronic tutorial at that makes it easy to groom witnesses for their depositions. The paper shows how the earliest critical point of a case where it can be won or lost, or the chances for a good settlement can be maximized, are in the deposition. (Read article)
Better Visuals Via Brainstorming
(Greg Krehel, CaseSoft)
Two things we all recognize about demonstrative evidence: it's potent and it's expensive. One great way to maximize the bang and minimize the bucks associated with your courtroom graphics is to kick off the visual development process with a brainstorming session. (Read article)
Amicus Attorney 7: More Productive, More Flexible, More Powerful and More Mobile Than Ever Before
(Les Hansen, Vice President, Sales & Marketing, Gavel & Gown Software Inc.)
Amicus Attorney 7 is the most powerful version of Amicus we have ever developed. The upgraded software has everything that you love about previous versions — easy to use, intuitive and helpful — plus a host of new features and functionality for legal professionals to navigate more quickly, work more efficiently and manage their practice more easily than ever. (Read article)
Turning Chronologies Into Fact Factories
(Greg Krehel, CaseSoft)
Many case chronologies serve strictly as fact warehouses. They're only used to store the finished product of case analysis: facts that have solid sources. That's a shame. To get the full benefit of a chronology, it should be used as a fact factory, not as a warehouse. Sure, factories include storerooms for the finished product. But the factory's true purpose is production. (Read article)
Chronology Best Practices
(Greg Krehel, CaseSoft )
A fact chronology can be a tremendous asset as you prepare a case for trial. Yet, the majority of chronologies fail to live up to their full potential. Here are some simple steps that will help you get the most out of yours. From the starting gate to the finish line, assembling case facts in an accessible format can put you on track to courtroom victory. The advantages are numerous. Chronologies are thinking tools. The very act of getting facts down on paper or in your computer clarifies thinking and makes the story of the case clear. Chronologies help ensure complete discovery. (Read article)
The Bell Curve Document Indexing - Imaging
(Greg Krehel, CaseSoft )
Remember the "bell curve" from statistics class? The bell curve, so named because of its shape, illustrates the frequency distribution of many phenomena, for example, height. Measure a thousand people. For every person over 7', you'll have a mob between 5'6" and 5'10". Let's apply the bell curve to the document collections produced during discovery. Out of every thousand cases, how many involve 1,000,000+ documents? 100,000+? 10,000? What does this distribution suggest regarding strategies for imaging and searching documents? (Read article)
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