Independence Day - July 4th

I would like to extend a happy Independence day to all Clarity Legal customers. Clarity Legal will be closed for business July 3rd.

John Callis/Developer
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

2nd Jury Finds in BNSF's Favor

After ten weeks of evidence, jurors deliberated less than two hours Thursday before deciding against Dennis Davis, 56, who sued BNSF claiming BNSF deliberately misled workers at the railroad tie-manufacturing plant in Somerville while exposing them to carcinogenic chemicals. Davis' attorneys asked jurors for at least $45.4 million in damages.

In a similar suit in Fort Worth last year, jurors rejected a lawsuit filed by a woman who had sued BNSF for at least $6 million. Linda Faust never worked at the Somerville plant but said she got cancer after 15 years of washing her husband's chemical-tainted clothes and boots.

During closing arguments Thursday Doug Poole, attorney for BNSF, pointed to reports from government regulatory agencies that found no unsafe conditions at the plant. Poole told jurors that the case was "long on sympathy, short on science, short on truth."

Although two juries have sided with BNSF Railway Co. in separate lawsuits claiming a plant's chemicals caused cancer, dozens of similar lawsuits will go forward, Jared Woodfill, attorney for the plaintiffs said Friday.

John Callis - Developer/CEO
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

Blue Shield of California Wins Directed Verdict

John LeBlanc, partner at Barger & Wolen LLP in Los Angeles, recently won a well earned direct verdict for his client, Blue Shield of California. I asked John to pass along his thoughts about the case and he was kind enough to do so:

Can you describe the case for us?
Plaintiffs sued Blue Shield of California for breach of contract and bad faith, contending that Blue Shield rescinded their individual health care service plan for improperly, after it discovered material misrepresentations and omissions on the application they submitted for coverage. In 2004, Blue Shield prevailed on summary judgment, but the California Court of Appeal reversed, finding triable issues of facts on whether Blue Shield had "completed medical underwriting" during the application process, and whether plaintiffs intentionally mislead Blue Shield during the application process. On May 28, 2009, the court entered directed verdict in favor of Blue Shield, based in part on plaintiffs' stipulation that they had intentionally misled Blue Shield on the application and that its underwriting process was sound.

What was the biggest legal challenge for you in this case?
The Court of Appeal's opinion addressed for the first time California's "postclaims underwriting" statute, Cal. Health & Saf. Code Section 1389.3, but left open the question of what health plans must do in order to "complete medical underwriting" under the statute. Medical underwriting is sophisticated and complex process, so our challenge was to explain that process to the jury in a cogent and meaningful way.

What was your client's approach to technology in trial?
Blue Shield recognizes the value of litigation and trial technology, and encourages its counsel to take advantage of state of the art resources that are available, provided that counsel is comfortable using the technology. Lawyering comes first, then technology.

How was the court room configured and how did it help you present your case? All courts in the Orange County Superior Court are equipped with a document camera, DVD player, projector, screen and sound system, with feeds to each side of the counsel table. The courtroom was rather small, and therefore everything was presented only on the projector screen, which was sufficient. Real Time feeds were available to counsel and the judge. I used DepoSmart to import and annotate the daily transcripts.

What materials did you present? Primarily exhibits?
My entire opening was created and presented using Keynote (although it could just as easily been done using PowerPoint). Over the years, I have have focused on creating presentations that convey authenticity and credibility, with the goal of capturing the audience's attention and fostering recall, which I believed we accomplished in this trial. The evidence presented at trial consisted primarily of documentary evidence and deposition testimony, which is easily presented using TrialSmart.

What did opposing counsel use at trial?
Opposing counsel also used a mac, but did not have TrialSmart. I showed him how to present his exhibits simply by connecting his mac to the projector, and dragging the exhibits over.

What suggestions do you have for people using technology at trial? Unless you are going to rely on third party vendors to handle all of your technology, it is imperative that you have at least a basic level of comfort with the technology before using it. Trial is an intense environment, and if things go wrong, most judges will not allow you to waste the jury's time while you troubleshoot. In the end, the simpler, the better.

What advantages do you have over your competition as a result of the way you employ technology in your practice?
I consider the mac software that I use (Keynote, Circus Ponies' "NoteBook," Clarity Legal Software's DepoSmart and TrialSmart,) invaluable "tools of my trade." Each tool can provide a competitive edge, provided they are used correctly.

Congratulations to John LeBlanc on his win. You can email John here.

John Callis - Developer/CEO
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

Holiday - Memorial Day

Clarity Legal will be closed for business due to Memorial day.

John Callis - Developer/CEO
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

DepoSmart™ Gets New Features and Bug Fixes

I updated DepoSmart™ this week to include several new features including 3 new imports for RealLegal™ XML, LiveNote™ PTF, and Indata™ XML. In addition I improved DepoSmart™ by adding some addition exports for LiveNote PTF and Summation™. I will be adding several new updates to DepoSmart™ such as in improved toolbar and interface to improve the usability of the app across all platforms. The changes will minor improvements and should be a welcome feature to all users on Windows, Mac OS X, and Linux.

There were a few bugs I squashed. To date, the 2009 version has been nearly bug free. I also improved the error reporting component of all the titles in the Clarity family.

Please contact Clarity Legal using the Support tab on the website should you have any questions.

John Callis - Developer
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

FTC Lawyer, John Robertson, wins $1.4 Billion Merger Case with TrialSmart™

John Robertson, Chief Trial Counsel for the Bureau of Competition at the Federal Trade Commission, recenly won a $1.4 billion merger case against CCC in federal district court in Washington, DC.

Mr. Roberston recently emailed me with the good news:

Dear John Callis - I don't know if you heard, but we won our $1.4 billion merger case against CCC in federal district court in Washington, DC. I used TrialSmart™ and a MacBook Pro throughout the 9-day hearing, and easily controlled the evidence better than the two law firms that opposed us with three assistants and what looked like Sanction™. I didn't use an assistant. I just took the laptop to the podium and called up the documents. Thanks for all your help."

I later followed up with Mr. Robertson about some of the technical aspects of his trial and here are his responses below:

1. Can you give a brief description of the case?
CCC attempted to merge with Mitchell; both companies are software companies that sell estimatics and total loss software for automobile repair. The merger was a $1.4 billion deal and would have taken the market from three competitors to two. To stop the merger, based on the theory that it would lead to higher prices for the software, the FTC sued in federal court in D.C. After a 9-day hearing, the district court entered an injunction stopping the deal. This was the first mergercase that the FTC had won in federal court in seven years.

2. How was the court room configured and how did it help you present your case?
The court was electronic, with LCD screens on counsel tables, the witness box, and the judge's bench. There were two plasma screens for the dozens of spectators. The computers could be connected at the podium. But the other side had to extend the line from there to the other side of the courtroom, where they had three litigation support people running Sanction™. We used two macs: one was connected at the podium, and the other was at counsel's table (connected by wifi together, so that one could run the podium machine remotely without cables running all over the floor). I used a Macbook Pro with Apple's free remote for Keynote™ (same as PowerPoint). For TrialSmart™, I used a USB Apple mouse. I think a wired mouse is better than a bluetooth one. It was an easy setup for us. The other side (using Sanction and Windows) seemed to spend a great deal of time adjusting the screen and computers. I just plugged in an started presenting.

3. What case materials did you present? Primarily exhibits?
We presented several hundred exhibits via TrialSmart™. For opening and closing, I used Keynote™ (like PowerPoint™) but created most of the slides using TrialSmart™. For closing, I also used three boards. I believe that using a few boards is good, so that one doesn't have "death by PowerPoint." For cross-examination, I did pre-make dozens of call-out boxes in TrialSmart™ß and put them in Groups. This works great, once you figure it out.

4. What was the technical setup you used at trial (laptops, external drives, etc.)?
We had over 2,000 exhibits, but used about 400 at the hearing. We used two MacBook Pros connected by WiFi (the podium computer, which was connected to the court system, sent out the WiFi signal, and the computer at counsel table just logged in; the neat thing about this is that the remote machine can see both screens of the home computer on the one remote laptop). We used machines that had no extraneous software on them, so that we had plenty of room for the exhibits on the machines. Didn't need an external hard drive.

5. What did opposing counse use at trial?
Three people with Sanction™ with Windows. Didn't seem to work that well.

6. What suggestions do you have for people using technology at trial?
Keep it simple. You don't need a "team" of people running the technology. I ran it myself, and it was simple.

7. What advantages do you have over your competition as a result of the way you employ technology in your practice?
Because TrialSmart™ is simple, and the Mac is fool proof, I had the flexibility to move around through the exhibits -- without having to rely on a team ofdummies trying to guess what I wanted. We did a better job with exhibits, while the other side a great deal of money having their team sit there with two tables and three people trying to get up on the screen what the lawyers wanted. They had trouble. We had no problems.

8. What trends do you see in courtroom technology?
The key is to keep it simple. 95% of what you do is call-out boxes and a few arrows. Dep videos may be useful in some cases, but not that useful in most cases. The truth is that real depos are boring. So, I would focus on making the call-out boxes work and use a small handful of boards. I went to TrialSmart™ because: (i) it was simple; and (ii) by using the Mac, I felt secure that the machine would always work and not crash.

John Robertson
Chief Trial Counsel
Federal Trade Commission

Mr. Robertson provided Clarity Legal with the News release from the FCC as well as the Opinion which I have linked to below:

FTC Granted Preliminary Injunction Preventing CCC’s Merger With Mitchell
CCC Opinion

Congratulations to John Robertson on his win!

John Callis - Developer
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

Bundler's New Look and Feel

For those that follow Clarity Legal closely, in 2007 I released a product for court reporters called Bundler. Over the last two years I have steadily released updates to Bundler. This week, I will be releasing a major new version of Bundler™, software for court reporters and I have made it easier to use in many ways. Bundler™ is designed for individual court reporters, and court reporting firms that want to distribute legal transcripts to customers. Bundler™ allows users to send an encrypted transcript file to ensure that the deposition transcript is tamper-proof. And the transcript integrates easily into Clarity Legal products for maximum return on your investment and usefulness to clients regardless of operating system. The new version of Bundler comes in three flavors Windows, Mac OS X, and Linux (Ubuntu). Below is a screenshot of the improved interface:



Many of the changes that reporters have requested over the past year have been included in this version. This new version will also work closely with the new version of DepoSmart Viewer, the free viewer that attorneys and clients can use to view Clarity Legal transcripts.

There were a few requests for changes I have made to the viewer, primarily regarding printing and as a result of those requests I have improved the printing feaures for DepoSmart Viewer. Bundler users can now print up to 20 different items in the 3 header or footer sections of each page, these are listed here: Case Name, Client Matter, Transcript Name, Transcript Date, Current Date, Volume, Status, Transcript ID, First Name Last Name, Last Name First Name, Title, Reporter, Reporter Firm, Reporter URL, Reporter ID, Reporter Email, Reporter Phone, and Signature ID.



I order to help users switch from the competition, I will be offering Bunldler™ free for the remainder of 2009.

John Callis - Developer
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

Clarity Helps with CASA

I took a couple hours out of my Friday to help a good organization with a good cause. The organization is CASA, Court Appointed Special Advocates, and the event was their annual Fish Fry here in Alexandria. The Alexandria chapter sold nearly 1100 fish baskets for the event at a price of $6 per basket. The event raised nearly $7000 to help area kids. The number of tickets purchased and volunteer support was tremendous.













Kudos to the people at Gilchrist Construction who provided the fish fryers and the staff to man the machines. They did a wonderful job. My only regret is that I didn't get any catfish.

John Callis - Developer
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

New Office Address

Clarity Legal now has a new address. Clarity offices are still in the same historic Alexandria bank building, but I have moved the office two (2) floors up into a bigger office with a better view of the Red River. The new address is:

Clarity Legal Software LLC
201 Johnston Street Suite 501
Alexandria, La 71301

Thanks,
John Callis
Developer
Clarity Legal LLC
Alexandria, Louisiana

Skype Released for the iPhone

The most important application to date for the iPhone was released on March 31st, Skype for the iPhone. Apple iPhone and iPod touch owners are now able to download the Skype application from Apple's App Store. Skype CEO Durchslag said an iPhone app has been Skype users' "No. 1" request.

This is truly a remarkable feat. This is the first Skype powered device for the iPhone and is available for free at the Apple store.

Skype’s voice over IP (VOIP) technology allows users to make phone calls over the Web. The application allows users to make free Skype-to-Skype calls from any Wi-Fi zone to other Skype users worldwide, as well as make calls to landlines and mobile phone at low rates.

The app uses Wi-Fi, 3G, GPRS or EDGE (whichever is available) to sign into Skype, update a contact list, maintain and update presence and also send and receive instant messages.

Thanks,
John Callis
Developer
Clarity Legal LLC
Alexandria, Louisiana

Apple Market Share nears 10%, Linux Users Growing, Windows Dips

Back in June I wrote about the growing market share of Apple's operating system base and made a prediction on this blog, "If 1 years worth of numbers are any indication, then Apple and Linux should have 11-13% of the OS market within a year." That prediction has come true, I feel like a prophet. Today Net Applications, revealed the market share number for March and they show that Apple is within a fraction of a point of reaching 10%.

In fact, back in January of 2009, Apple nearly reached the 10% mark but fell a just shy in February only to regain some of what it lost in March. As it stands today, Apple controls by conservative estimates, 9.77% of the market and Linux now controls .90% of market. The two combine for nearly 11% of the market now. The trend shows no signs of slowing despite a tough economy.

A closer look at the Linux market share shows that Linux has grown nearly 30% in one year, from .68% to nearly .90%. Linux market share has grown an astounding 80% in a 2 year period. I have constantly told users that Linux was going to continue to grow. There are new Linux versions that are truly great such as Ubuntu. The interfaces are easy to understand and the operating is easy to use, free, and simple to install. It will be just a matter of time before firms start to adopt the Linux environment and run virtualization software.

I feel like a sage. To meet the growing number of users in the Linux market, I released a Linux version of DepoSmart and the DepoSmart Viewer to the Linux market in February. Future titles will be available in Linux going forward.

Also, similar to what I did last year on this blog, I will post some of Clarity's internal numbers from the website to show who is visiting the site. Check back in a few days

Thanks,
John Callis
Developer
Clarity Legal LLC
Alexandria, Louisiana

Bundler™ 2009 to be released soon

I will be releasing the new version of Bundler™, software for court reporters in the next few weeks. Bundler 2009 is much easier to use and will make it much easier for reporters to send to transcripts, synchronized video, and exhibits to clients. Bundler™ is designed for individual court reporters, and court reporting firms that want to distribute legal transcripts, viewers, and contents to customers. Bundler™ allows users to send an encrypted transcript file to ensure that the deposition transcript is tamper-proof. And the transcript integrates easily into Clarity Legal products for maximum return on your investment and usefulness to clients regardless of operating system.

The new version will be available in three varieties - Windows, Mac OS X, and Linux (Ubuntu).

After two years of listening intently to reporters, the changes most reporters requested fell into 3 categories:

1. Improved Importing
2. Additional Options for Exporting
3. Easier to Export Linked Transcripts

As a result of these requests from reporters and firms, several changes have been made to make it easier to export transcripts from Bundler. This new version will also work closely with the new version of DepoSmart Viewer, the free viewer that attorneys and clients can use to view Clarity Legal transcripts.

There were a few requests for changes I have made to the viewer, primarily regarding printing and as a result of those requests I have improved the printing feaures for DepoSmart Viewer. DepoSmart Viewer is now available on Windows, Mac OS X, and Linux (Ubuntu).

I order to help users switch from the competition, I will be offering Bunldler™ free for the remainder of 2009. So, if you are a reporter and you'd like to move away from the current package you are using this is a good time to make the switch.

Thanks,
John Callis
Developer
Clarity Legal LLC
Alexandria, Louisiana

Latham Cuts 190 Associates and 250 Staff

Hundreds of law firms continue to lay off partners, associates, and staff across the country as the recession appears to be deepening. As law firms look to adjust to the global economy staffing levels are being adjusted.

The latest firm to make cuts is Latham & Watkins with offices in New York and Los Angeles. All those affected are being offered severance packages of six months pay, capped at $100,000, and six months medical coverage.

In addition to the layoffs, Latham is deferring the start date for the class of 2009 to mid-December. It also is offering all those in the incoming class the option to further defer start dates to October 2010. The firm will pay those who select this option $75,000; it is encouraging those lawyers to engage in volunteer or community service projects.

Below is a list of firms that have laid off lawyers recently and the percentage of layoffs vs. total lawyers:

Latham & Wilkins - 190 lawyers laid off or 10.8% of workforce
Orrick - 140 lawyers laid off or 19.9% of workforce
O'Melveny & Myers - 90 lawyers laid off or 9.5% of workforce
Holland & Knight - 70 lawyers laid off or 15.1% of workforce
McDermott Will - 60 lawyser laid off or 10.6% of workforce
Bryan Cave - 58 lawyers laid off or 11.2% of workforce
Cooley Godward - 52 laywers laid off or 13% of workforce
Wilson Sonsini - 45 lawyers laid off or 10.1% of workforce
Goodwin Procter - 36 lawyers laid off or 7.4% of workforce
Roskauer Rose - 35 lawyers laid off or 6.4% of workforce
Arent Fox - 13 lawyers laid off
Winthrop Shaw Pttman - 55 lawyers laid off

This does not include staff numbers for secretaries, paralegals, or litigation support staff that were laid off in the last few weeks.

As companies look at the uncertain future of the companies they represent due to the economic downturn, law firms are being prudent and responding to client demand over the long term.

Microsoft to Open Retail Stores

As Apple and Linux continue to erode Microsoft's market share, the PC leader has decided to jump into the retail market.

Buried in a late-in-the-day press release, Microsoft will now open stores in the US and compete with Apple directly.

The world's largest software company is faced with doing whatever it can to make Windows 7 a success, even if it has to open a store in every mall in America.

To read more about Microsoft's new retail endeavors, click here.

Last time Microsoft ventured into retail was in San Francisco in 1999 and the store closed in 2001. PCWorld considers the move risky.

We'll have to wait and see.

DepoSmart Viewer Updated - Other Titles Coming

Last week Clarity Legal updated DepoSmart Viewer to now include a free viewer for Linux. DepoSmart Viewer is now compatible on 3 different operating systems - Mac OS X, Windows (2000, XP, Vista), and Linux.

The viewer is a free application that allows users that have received a Clarity Legal transcript (*.clt) open the transcript, search, and print in multiple formats. Users can print single, condensed, or word indices.

To see what DepoSmart looks like in action visit the DepoSmart Viewer page and view some video tutorials that cover the basic functions.

To give the Windows, Mac OS X, or Linux-Ubuntu version of DepoSmart Viewer a test drive visit the Download page.

Clarity Legal will be updating TrialSmart and Bundler in the upcoming weeks. Check back daily for updates.

John Callis - Developer
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

DepoSmart Updated - Linux Version Now Available - A First for the Legal Industry

Clarity Legal has quietly accomplished another milestone, three of Clarity's software titles are now available on Linux. This means that every title in the Clarity Legal suite is now either Mac OS X, Windows, or Linux compatible except TrialSmart.

The three titles that Clarity is proud to have ported to Linux are DepoSmart, DepoSmart Viewer, and Bundler. Over the last two years, Clarity Legal has been improving each product and this year Clarity Legal decided to release these existing products to the quickly growing Linux environment.

To see what DepoSmart looks like in Mac OS X, Windows Vista, and Linux - Ubuntu, see the screenshots below:







For those of you who might not be aware of Linux, it has been around for years and is rapidly growing into the desktop environment. Linux is a free operating system that is stable, easy to use, and very powerful. As companies look to reduce software costs, Linux is a natural choice. Most servers at major corporations run Linux because of the stability and scalability. Linux comes in many varieties and one choice is Ubuntu, a free and open source operating system, available at . During development of DepoSmart, Clarity Legal used the virtualization software, VMWare, to run Windows, Mac OS X, and Linux/Ubuntu simultaneously to test each operating system's capabilities.

With the latest release of DepoSmart 2009, Clarity Legal software is now available in 100% of the legal world's possible operating system choices - Mac OS X, Windows, and Linux. This is an accomplishment no other company has yet to match, and we are proud of what has been accomplished in two short years in business.

To give the Windows, Mac OS X, or Linux-Ubuntu version of DepoSmart a test drive visit the Download page.

John Callis - Developer
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

TrialSmart 2009 - Features List

Dear Bloggers,

TrialSmart 2009 will be released in soon. Last week I released DepoSmart and I hope everyone is enjoying DepoSmart's new features and functionality. I have made many new changes to TrialSmart which will make it the strongest version yet.

Here is a partial list of features for TrialSmart 2009:

1. Present items without the use of a second monitor. In the past you had to be connected to a second monitor, in TrialSmart 2009 that is no longer the case. So you can prepare presentations without being connected to a second monitor as well as present items in this fashion.

2. Improved image rotation.

3. Import jpg, tiff (single and multiple), bmp, and gif images and convert those images to PDF for display in TrialSmart. Prior versions of TrialSmart only allowed the user to display PDF images.

4. Preview items in a smaller presentation window to see how the look before displaying. This allows you to organize items before you display them to a jury.

5. Choose preset "panes" to display images (left, center, right) or choose "rogue" display mode similar to TrialSmart 2007-7008.

6. Improved transcript text importing

7. Improved saving of exhibit annotations or layers for easy retrieval. Unlike our competitors who only allow a specific number of annotations per images, the number of layers you add to an image are unlimited. An image can have as few as 1 annotation layer or 1000s of annotation layers.

8. Improved pdf exhibit functionality

9. Integration with DepoSmart. Users can export DepoSmart cases to TrialSmart with a single click, allowing all video clips to be imported into TrialSmart instantaneously.

10. Improved impeachment functionality making it easier to find pertinent synchronized video testimony and present it in secons.

11. Saved user windows - wherever you last opened the application, it will appear there again. Perfect for users with large screens or those running dual monitors.

12. Move annotation layers up or down in Presentation groups using drag and drop.

13. Added pdf text search capability for extracting text from all searchable pdf files.

14. Import and Export synchronized transcripts to Clarity Legal's Transcript format *.clt.

15. Convert imported transcrit files to pdf files.

16. View search hits before running reports.

17. Preview transcripts before printing.

18. Print just certain page ranges.

19. Print transcripts full page format or condensed.

20. Add remarks or notes to exhibit pages or exhibit groups for later retrieval.

21. Improved Annotation Coloring - all issues are now colored. The user can toggle this on or off.

22. Optional question and answer bolding.

23. Revised word index - you can now click on the page and line of a word in the index and instantly go to that location in the transcript.

24. Perform quick searches from the TrialSmart toolbar.

25. Easily toggle between transcripts, exhibits, and presentation groups using a easy-to-use drop down menu.

26. Updated Clarity SQL Server to handle replication/synchronization.

An additional 28 other program enhancements have been added to TrialSmart for a total of nearly 55 new features. I look forward to hearing your feedback on these new features.

I will update everyone on the new features of DocSmart in the upcoming few weeks. Now that DepoSmart has been released, and TrialSmart is next to be released, DocSmart is on deck. DocSmart is Clarity Legal's new document management system for the Mac OS X environment.

The upgrade fee for TrialSmart is $49 and that gets you a minimum of 4 yearly updates.

Thanks,
John Callis
Developer
Clarity Legal Software LLC
www.claritylegalsoftware.com

Holiday - Martin Luther

Clarity Legal will be closed for business due to the Federal holiday.

John Callis - Developer
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

Ubuntu takes on Microsoft in a full-frontal assault

In signs that Ubuntu is gaining on Microsoft the article makes the following points:

1.Roughly half of Google's 20,000 employees run a version of Ubuntu. With this crowd of early adopters standing behind Ubuntu, a crowd with a massive profit machine behind them, anything can happen;

2. IDC estimates that 11 percent of American businesses have systems based on Ubuntu, with even broader penetration likely in Europe and elsewhere;

3. Canonical, the company behind Ubuntu, is approaching $30 million in annual revenue, which may seem like a gnat on Microsoft's bison-esque backside, but this revenue represents multi-million dollar commitments from Dell, IBM, and other large parties with an interest in unshackling themselves from Microsoft. In other words, the nature of the revenue is more telling than the amount;

4. Ubuntu commands the fealty of tens of thousands of unpaid volunteers globally, despite Canonical only employing 200 or so employees. Ubuntu has leverage well beyond its means.

For the full CNET article click here.

John Callis
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

Real Time Deposition Explained

Wikipedia has an nice article on what a "real time" deposition covers. For anyone that is interested in reading the article, please visit the Wikipedia link here.

Esquire Purchases Verdict Systems

It appears that consolidation in the legal industry is still continuing with Esquire's purchase of Verdict Systems. Esquire claims to be the largest court reporting company in the US and they now own the second largest trial support vendor in the US.

Congratulations to both companies on their new merger.

For the full Hobart West press release click here.

Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

Happy Holidays from Clarity Legal!

I would like to extend a happy new year as 2008 comes to a close. Thanks for a wonderful year and I look forward to a wonderful 2009 at Clarity Legal.

Clarity Legal will be closed for business January 1st and 2nd.

John Callis/Developer
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

Happy Holidays from Clarity Legal!

I would like to extend a warm holiday greeting to everyone as the year comes to a close. I hope you have a wonderful holiday and a happy new year.

Clarity Legal will be closed for business December 24th and 25th.

John Callis/Developer
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

New DepoSmart Features

I would like to update you on some of the new features in DepoSmart from Clarity Legal. I plan to release the update to DepoSmart during the first week of January. Here are a few of the new features:

1. Replication aka Synchronization - you can replicate cases offline and to the server. Perfect for traveling attorneys who head out on the road, do some work on a case, and want to synchronize it back to the server yet keep other member's work intact.

2. Deposition hyper linking - YES!!, you can now click on those nice blue hyper linked words in a transcript and open a corresponding exhibit.

3. Auto Flag words - flagged words will appear colored throughout the transcript. So, as you read a transcript you will be reminded of certain words.

4. Hot keys for every major program function.

5. Toggle "Annotation Mode" for easy click and drag annotation creation.

6. Update transcript - ability to update a current transcript with text file. Perfect for those times when you need to update a draft transcript.

7. Saved user windows - wherever you last opened the application, it will appear there again. Perfect for users with 30'inch screens.

8. Create hot marks or personal reminders and attach them to pertinent lines of testimony.

9. Toggle hot marks, flags, annotations, and exhibit links.

10. Organize issues by importance.

11. Cut, copy, and paste annotations from one location to another for quicker transcript digesting.

12. View search hits before running reports.

13. Preview transcripts before printing.

14. Print just certain page ranges.

15. Print transcripts with color annotations.

16. Issue Palette - detachable window that allows the user to toggle pertinent issues and speeds up annotation creation.

17. Improved Annotation Coloring - all issues are now colored. The user can toggle this on or off.

18. Optional question and answer bolding.

19. Revised word index - you can now click on the page and line of a word in the index and instantly go to that location in the transcript.

20. Perform quick searches from the DepoSmart toolbar.

21. Manage case or transcript exhibits from a single interface.

22. Dramatically improved transcript importing now available in one import option. DepoSmart recognizes the transcript type you are importing and imports the deposition.

23. Windows Vista and Linux-Ubuntu are now supported.

24. View annotation issues in the status bar of the main program interface.

25. Customizable toolbar window - works on all platforms (Mac, Windows, and Linux)

26. Updated Clarity SQL Server to handle replication/synchronization.

27. Updated real time deposition features.

An additional 32 other program enhancements have been added to DepoSmart for a total of nearly 60 new features. I look forward to hearing your feedback on these new features.

I will update everyone on the new features of TrialSmart as well as DocSmart, my new document management software, as we get closer to the new year. I've been working on all 3 major titles for over 8 months and there are substantial improvements to usability and performance. TrialSmart, like DepoSmart, has major new features. I will post an update to everyone the week of the 29th regarding the new features of TrialSmart.

John Callis/Developer
Clarity Legal
www.claritylegalsoftware.com
Alexandria, La

Low Price Apple Notebook Coming Next Year

Gregg Keizer from ComputerWorld predicts that 2009 will be the year that Apple releases a new lower priced notebook to the market.

The new notebook will compete in the growing "netbook" category, an analyst said today.

More information can be found here .

Happy Thanksgiving

From Clarity Legal to you and your family and friends. Clarity Legal will be closed November 27th and November 28th.

John Callis
CEO/Developer Clarity Legal LLC

California Faces Budget Crisis - Responds by Replacing Court Reporting with Electronic Reporting

The state has the option of saving a substantial amount of funding, and of better meeting the reporting needs of the courts, if it transitioned from court reporters to electronic methods of recording court proceedings. This approach could result in net state savings of $13 million in 2008–09 that could grow over the subsequent fiscal years to as much as $111 million annually. Background. Current law requires the use of certified shorthand reporters to create and transcribe the official record of most court proceedings. Typically, the court reporter is the sole owner of all the equipment necessary to perform his or her duties, including the stenotype machine, computer–aided software for transcription, and all the elements involved in producing the transcript. Also, for the most part, the court reporter transcribes the record on his or her own time, outside of the eight–hour work day. For these reasons, the transcripts are “owned” by the court reporter and must be purchased by the court. In addition to paying for the first copy, the court must also pay a reduced rate for additional copies. In 2006–07, the total amount spent on such transcripts was nearly $26 million, while the total amount spent on salaries and benefits for court reporters was about $202 million.

In contrast, electronic court reporting involves using video and or audio devices to record the statements and testimony delivered in the courtroom. Depending on the system used, a monitor may be assigned to oversee the proper functioning of the equipment and provide replays of statements upon request of the judge, though some systems are available that can be used without a monitor. Following a proceeding, typed transcripts can be created by transcription services for use by court staff, attorneys, or in any subsequent appeal. However, the actual recordings created during the proceeding can also be used in a manner similar to a transcript, and the sales of these recordings can generate the court additional revenue.

Electronic Reporting a Well–Established, Cost–Effective Practice. Electronic court reporting is in widespread use in many state and Federal courts, including the U.S. Supreme Court. Moreover, electronic court reporting was demonstrated to be cost–effective in a multiyear pilot study carried out in California courts between 1991 and 1994. Chapter 373, Statutes of 1986 (AB 825, Harris), enacted a four–year demonstration project to assess the costs, benefits, and acceptability of using audio and video reporting of the record except in criminal or juvenile proceedings. The project found significant savings of $28,000 per courtroom per year in using audio reporting, and $42,000 per courtroom per year using video, as compared to using a court reporter. For a more complete discussion of electronic court reporting, its use in other states, and the results of the Judicial Council study, please see the Analysis of the California 2003–04 Budget Bill (page D–22).

Electronic Court Reporting May Help Address Short Supply of Court Reporters. A persistent problem facing the courts is the short supply of certified shorthand reporters, who, by statute, are the only individuals qualified to make transcripts of most trial court proceedings. In 2005, the Judicial Council released the findings of its Reporting of the Record Taskforce. The taskforce indicated, based on comments from trial court officials, that the pool of court reporters has been dwindling since the mid–1990s and is insufficient to meet their needs.

According to the Bureau of Labor Statistics, it can take anywhere from two to three years to become proficient in court reporting techniques. By statute, an individual can only become a certified shorthand reporter if he or she passes an examination administered by the Court Reporters Board of California. Eligibility for the exam is limited to those who have some experience, or have passed the state hearing reporters examination, or those who have past certification from one of several different sources. The number of people passing the exam has declined since the mid–1990s. In November 1995, a high of 309 individuals successfully passed the examination required to become a certified shorthand reporter, while in October 2007 only 38 achieved passing scores. The dwindling supply of reporters is compounded, as is pointed out in the report, by the fact that those passing the exam may choose to seek work outside of the courts in professions like closed captioning, deposition reporting, or in providing translation services to the hearing–impaired.

In contrast, the Bureau of Labor Statistics indicates that electronic court reporters usually learn their skills on the job. There is currently no certification requirement for electronic court reporters in California. As a result of these factors, the pool of eligible candidates for electronic court reporting would likely be both larger and more easily expanded than the pool of eligible candidates for court reporting.

Electronic Court Reporting Could Save the State Millions Annually. Based upon our past review of other states and the pilot project mentioned above, we believe that electronic reporting is a reliable and cost–effective alternative to the system of court reporting currently used in California’s trial courts. Our inflation–adjusted analysis of the pilot study indicates that, if electronic court reporting had been operational in 2006, the state would have saved nearly $89 million on trial court operations. This represents an estimated savings of nearly 60 percent for reporting activities. Even greater savings may now be possible with more modern technology that has become available since the California pilot projects. According to estimates from the 9th Circuit Court of Florida, the cost of providing all 20 Florida circuit courts with court reporters is around $36 million, but would be only $5 million if those courts used electronic reporting—a potential savings of 86 percent.

Legislative Option. To both address the shortfall in the supply of court reporters and reduce state costs for trial court operations, we recommend that the Legislature consider the option of directing the courts to begin now to implement electronic court reporting in California courtrooms.

In order to allow transition time, one approach would be to direct that 20 percent of courtrooms in California switch to electronic court reporting on an annual basis. After factoring in the estimated one–time costs of the equipment, our analysis indicates that this may result in nearly $13 million in savings during 2008–09. By 2010–11, annual savings from the switchover to electronic reporting could reach $53 million. If electronic court reporting were fully operational in all California courtrooms we estimate that savings could reach $111 million on an annual basis. This option would require a statutory change.

More information can be found here .

Law Firms Feel Strain of Layoffs and Cutbacks - NY Times

You know things are bad when even lawyers are getting laid off.

In downturns of years past, law firms exploited corporate failures and bitter, protracted lawsuits to keep busy and keep billing. But in this still-unfolding crisis, the embittered and the bankrupt have been relatively slow to appear, at least in court.

Law firms in turn are feeling the strain. Thelen and Heller Ehrman, two firms whose deep San Francisco roots extend back decades, have collapsed outright, in part because of the business slowdown. Each firm left several hundred lawyers out in the cold. Many others, including Sonnenschein Nath & Rosenthal and Katten Muchin Rosenman, two Chicago firms ranked among the nation’s hundred most profitable by American Lawyer magazine, and the international giant Clifford Chance have jettisoned dozens of associates.

To read the full article by Jonathan Glater from the New York Times click here .

Utah court reporters giving way to technology - Salt Lake Tribune

Budget tightening and the existence of alternate technology has doomed a group of 18 district court reporters in Utah. The budget cuts will result in 18 reporters losing their jobs in June of 2009. The court reporters will be replaced with digital equipment that records the record and is later prepared by contract transcriptionists.

To read the full article by Stephen Hunt from the Salt Lake Tribune click here .

Formatting for Transcripts

A frequently asked question I receive from attorneys is what format do my transcripts need to be in for use in Clarity Legal products?

This is a good question. The first part of the answer I tell them is that the Mac OS X and Linux operating systems can open the same type of files that PCs can with the exception of a few proprietary formats. Macs are no different than PCs or Linux operating systems when it comes to opening non-proprietary formats. The lowest "life-form" format is ascii text format. Ascii is a common format that all court reporters should be able to provide. You shouldn't receive anything in Word or Word Perfect format if you can help it. On Mac the application you should use to open and edit text files is TextEdit located in your Applications folder. On Linux there are several varieties of text viewers you can use that come bundled with the operating system. Below is the format for ascii files that should be followed. This will ensure easy and painless importing.

ASCII File Format
1. Page Numbers on all pages

2. ASCII page breaks on all pages

3. Line numbering on all lines of a transcript. (For reporters choosing to suppress line numbering on printed caption and/or other starting pages should create ASCII file with line numbering on all pages.) 4. No timestamps in the file

5. No running headers or footers on numbered transcript lines. If using a header on line 1, remove the header and leave the line blank. Having a running header interferes with accurate searching.

6. Multiple volumes of a witness should have continued pagination

7. Consistent exhibit references to facilitate exhibit linking (Exhibit 1 not Exhibit No. 1)

8. Header and Footer information should not appear on the same line as page numbers

9. For transcripts that are in page image format, all page numbers should be at least 45 spaces from the left

Email me or contact me using the Support tab if you have any questions. - John Callis, Developer

Apple's Fourth-Quarter Net Rises 26% on Record Sales of IPhone, Macs

Apple Inc. reported record sales of $1.4 billion or $1.26 per share for the current quarter on record sales of computers and the iPhone.

The record sales has help Apple and CEO, Steve Jobs, take sales from RIM (Research in Motion, which produces the Blackberry hand-held devices popular in business. On the news of record sales, Apple stock rose yearly 10% in extended trading on the Nasdaq Stock Market.

Apple Inc. and most computer makers have been sliding recently on concerns U.S. consumers will spend less as jobs become scarcer and house prices drop. The record sales last quarter of Apple laptops, desktops, and iPhones is a stong sign Apple could weather the downturn in the economy in the near future.

For more information regarding Apple's Fourth-Quarter Profits, visit Connie Guglielmo's article at Bloomberg.com

Making Paralegal Jobs Easier? - Pros and Cons of Deposition Summaries

DepoSmart was discussed along with our competitors in the latest version of Legal Assistant Today magazine. Although a little more than a year old, DepoSmart is being noticed as a top transcript management software for attorneys. DepoSmart is also recognized as the only cross-platform software available on the market today.

To read the full article by Mary Girsh-Bock click here .

Apple Grabs More Market Share

I love Macs. Don't get me wrong, I like Windows because it appeals to the nerd in me, but I'd prefer people use Macs over Windows if I had my choice. There are so many reasons to switch and people have talked about them more and more over the last few years as Apple has grown and developed new product lines. The main reason I like Macs is because of how Apple integrates the hardware. As a developer, I don't have to worry about what hardware configuration a user has like I do with Windows operating systems.

Well, it appears (yet again) more and more people are choosing reliability, ease of use, and easier integration more than ever.

In recent browser and OS marketshare statistics from Net Applications, Apple has grabbed another .5% (in 1 month) and shows no signs of slowing. Along with the stunning popularity of the new iPhone, younger users are switching and using Macs more than ever.

In seminars I show people how using Macs can give them double the power of a Windows based machine. PC legal software providers have understood this which would explain why the PC makers of legal applications haven't developed any Mac alternatives to their applications - you can just run then natively on a Mac. Why waste the time and money. Unless you can generate the same application on a different OS using the same code, why waste the time. Apple does it for you. Just run your Windows app on a Mac.

Apple now has 6.25% of the market share and combine that with Firefox's growing userbase it will a matter of time before Microsoft starts to fret. In 1 year, Microsoft has lost 6.5% of the their browser base. Combine this will Google's dominance in the search Market, we are definately seeing a shift in how people think.

Below are links to the Browser numbers.
Microsoft Losing Browser Wars

Next, Apple and Linux are knocking away at Microsoft's Operating System dominance also. Apple has grabbed nearly 3% of the computer market worldwide and Linux will be at 1% of the worldwide market within a year. Combined, Microsoft has lost 2% of the market share in 1 year for computers worldwide. Apple could gain more market share if last months numbers continue. Apple gained .5% in 1 month from Apple, dropping Microsoft's numbers by .5%. If 1 years worth of numbers are any indication, then Apple and Linux should have 11-13% of the OS market within a year.

Below are links to the OS numbers.
Apple Makes Big Gains in OS Share

One thing to note, Windows Vista made remarkable strides in new adopters. Windows XP is dropping about 1% a month in Windows OS market share. Windows 2000 users are also dropping in numbers each month as it appears businesses are choosing Vista over XP or Windows 2000.

Below are links to the Windows Version numbers.
Windows Vista Makes Gains over XP, 2000

The numbers are interesting, I hope you find them interesting also.

Check back soon, Clarity LS is near to releasing major upgrades to all product lines. If you are an existing customer you can upgrade your software title for as little as $49 per license. In addition, we will also be releasing a couple of new new applications that we hope users will find easy to use and will benefit their practice.

John - Developer/CEO Clarity Legal LLC Alexandria, La

Rezko Found Guilty

Political fund-raiser's conviction gives Illinois Governor Blagojevich plenty to worry about.

In a crushing blow to Gov. Blagojevich and a potentially damaging one to presidential hopeful Barack Obama, Tony Rezko -- a fund-raiser for the two men and an ex-gubernatorial confidant -- was convicted of far-reaching corruption Wednesday.

The verdict quickly raised questions about whether the state's chief executive will be the next target of federal prosecutors.

Chicago Sun-Times

Bundler™ To Get Major Upgrade

Bundler, Clarity Legal's software for court reporters, will be getting a major in the very soon, near future. The new release of Bundler™ will see the following new upgrades and features (partial list):

Drag and Drop Exhibits
Ability to add Multiple exhibits to a transcript line
Streamline Bundle Process
Improved Printing
Improved Transcript Editor
Bolded Q and A pairs
RTF Text Import
Improved overall interface
New Full Release Versions for Mac OS X, and Linux
Improved help file and new video tutorials
...dozens of other features

Current users will get this upgrade for free by clicking "Upgrade Now" next time they launch the application. New users can purchase a license for $249. There are no signup fees when purchasing a license of Bundler.

Clarity Legal LLC

Law.com Article Discusses TrialSmart

A user forwarded this to us on Sunday. On the main page of Law.com, there is an article by C.C.Holland titled, "Go Beyond PowerPoint to Make Your Case." TrialSmart is mentioned in the "Beyond the Basics" section of the article.

Law.Com Article

Clarity Legal LLC

Gates: New "Windows 7" may come 'in the next year'

Microsoft Chairman Bill Gates indicated on Friday that a new version of Window 7, could come in the next year, far ahead of the development schedule previously indicated.

The new operating system will ship in consumer and business versions, and in 32 and 64 bit varieties and could include a subscription model to compliment Windows. Gates did not provide specifics.

On Thursday, Microsoft declined to extend a lifeline to Windows XP, saying that only a limited number of machines sold in the future will be sold with the XP system. Vista has been marred by delays, yet Microsoft has stepped up efforts to push adoption of Vista by business, which has been slow to adopt the new OS, relying instead to use Windows XP.

You can read more about the Windows "7" release here, here, and here.

Clarity Legal LLC

Sampling Shows Growing Linux Market Share

According to W3Counter Web statistics, a web usage site, Linux web market share has grown over 76% in the last year. In a sampling of 20,873,774 million unique users to 8,018 websites Linux has grown to approximately 2.01% of the web market worldwide.

Although a small percentage, the growing number of Linux users is great news. I understand the number doesn't look strong compared to the 76% of Windows users worldwide, however, it appears many of the barriers to Linux adoption are being removed and people are using free operating system. Market share has increased consecutively over the last 18 months.

Combine this with a growing share of other free applications such as FireFox (34%) and the slow adoption of Windows Vista and growing number of Mac OS X users, I believe the days are coming when we will have 3 solid operating systems to choose from for the business world.

If it comes down to cost, most businesses would choose Linux because it's free. There is already a strong movement to provide free case information.

To view the current web stats go here - W3 Web Counter Statistics

In an aside, Carl Malamud, who is a leading force in getting government data online, and creating public works for the Internet for the last 2 years has been publishing full text of legal opinions dating back to 1880. O'Reilly Radar discusses his efforts here. BTW - Notice the Mac keyboard in the image inset.

Carl, who has an excellent track record of success making government information freely accessible (EDGAR, Patents, Smithsonia, CSPAN, Congressional Hearings) has joined Cornell, and Hyperlaw to archive the data for public use. Make no mistake about it, free case law will happen and new avenues for digesting cases will come online sooner than later challenging Westlaw Publishing.

Carl, in 1998, forced the federal government to make the nation's patent and trademark database freely available. See the related articles here and here and also here.

Clarity Legal LLC

Karl Rove loves his iPhone

According to Newsbusters.org, Karl Rove is the latest person to fall in love with the iPhone. The iPhone now supports Microsoft Exchange so you'll see it start to make inroads into the business community.

CNN Money - Fortune

Way to Go Charlie!

Charlie Rose, PBS late-night talk show, suffered a black eye this past week while carrying his new MacBook Air. Apparently, Charlie was walking along 59th Street in Manhattan when he tripped over a pothole. Charlie saved his MacBook Air but he has a nice shiner to show for it.

Salon Article/Photo of Charlie's Nice Shiner

Ziff Davis Files for Bankruptcy

Ziff Davis Media Inc., publisher of technology and video game magazines, filed for bankruptcy on Wednesday and cited a decrease in revenue from print advertising and subscriptions as contributing to its decline.

Associated Press Article

PC vs Mac - ABA Journal Article

Nice question and answer article between Ben Stevens and Rick Georges discussing benefits of each system. Clarity Legal was discussed in the Trial Presentation section.

ABA Journal Article

TrialSmart Upgrade to Preview at MIT 2

The newest version of TrialSmart, with dozens of new and powerful features, will be demonstrated at this years Macs in Trial 2 conference in Grapevine, Texas.

Several of the new features have been requested by users, others are upgrades to an already easy and elegant interface. Some of the new features include:

1. Ability to connect to and import Indata TimeCoder (*.mdb) and Sanction (*.mdb) files.

2. Add preset or custom annotation markers and animate and move the markers in real-time.

3. Add custom movement and animation to documents and markers for Keynote type presentations.

4. Movable transcript synching window.

5. Background presentation image is now customizable.

6. Simpler and more elegant presentation presentation window.

7. Set transparency and color of annotation layers in realtime.

8. Simplified grouping routines for easier layering of saved exhibits.

9. Faster pdf indexing.

10. Improved monitor refreshing, display capabilies to compensate for various projector resolutions.

11. Detachable annotation toolbox for use in annotating, highlighting, and marking.

12. Improved video playback and video group playback.

There are dozens of other time saving and ease-of-use features that will be featured during Clarity Legal's session on the afternoon of March 1st.

For more information about the conference you can preview hotel and registration information here

BlackBerry email service goes down

A couple of days ago the RIM service, BlackBerry, went down for several hours. The outage was primarily in North America. The outage affected all carriers.

To date RIM's blackberry had about 12 million subscribers.

This is the third such major outage in a a year.

Low Power and High Speed A Powerful Combination - CNET

In the wake of a series of technical announcements from flash memory supplier SanDisk, larger-capacity solid-state drives are on the way.

Flash memory is gaining as a replacement for hard drives in ultra-thin, ultra-small notebooks such as the MacBook Air and Asus Eee PC. Why? Flash uses less power, generates less heat, and has faster access times than hard drives. The Air, for example, offers a 64GB flash-based SSD as an option while the Eee PC is sold standard with flash storage.

There is a big catch, though. High-capacity SSDs are expensive. Prohibitively so. The flash drive in the pricier $3,098 Air is the main culprit in the gaping $1,300 price difference with the lower-cost hard-drive model ($1,799).

Web Outage Hits Indian Outsourcing Firms

IBM Accelerates Desktop Customer Choice With Support for Ubuntu

Adobe and Clarity Legal to Present at MIT 2

Clarity Legal Adds PDF Import as Transcript Option

Word of Mouth Carries Clarity Legal in 2007

Dell adds Ubuntu 7.10 to its lineup

Changes and Updated Software Titles Coming January 2008

Streetcars Roll Again in New Orleans

25% of UK Firms Looking for Outside Capital

Two Million Copies of Leopard Sold in First Weekend

Apple Profits Soar 67%

Apple Comes to Its Senses

Windows Vista Continues to Lag

Data protection: Clarity for data laws

Apple offers $100 credit to iPhone owners

Join Clarity Legal at CLVS in St.Louis

New Orleans' New Arrivals: Young, educated, and infused with hope

Judicious Use of PowerPoint Urged

CNN - "Make Your Next Computer an iMac" - 8.2 Rating

UK - In the eyes of the law, women are equal to men in the workplace. In reality, they still lag behind.

"Hello, I'm a Lawyer with a Mac"

(UK) Legal Watchdogs for fairer insurance policies

iPhone buyers have no regrets

Free Legal Aid Helps Texas Flood Victims

Clarity Legal Releases Synch Service, Server Applications

Paper Prototyping

Supreme Court Adopts New Standard on Patent Litigation

TrialSmart™ (Universal Binary) Released

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