Thursday, October 31, 2019

Cops aren’t liable for destroying home of innocent people, 10th Circuit rules

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Constitutional Law The owners of a home that was destroyed by police pursuing a fleeing suspect are not entitled to compensation under the takings clause, a federal appeals court has ruled. The Denver-based 10th U.S. Circuit Court of Appeals ruled Tuesday in an opinion that does not constitute binding precedent in other cases. The court held that the officers acted under the state’s police power rather than the power of eminent domain, so any damage to the home fell outside the scope of the takings clause. The Washington Post has coverage. The incident occurred in June 2015 in Greenwood Village, Colorado. An armed shoplifting suspect fleeing police holed up inside a home where John Lech was living with his girlfriend and her 9-year-old son. The boy was home at the time, but he escaped after the suspect entered. Police negotiated with the suspect for about five hours after he fired a shot that struck a police car. When the negotiations failed, police fired several rounds of gas into the home, breached the front doors with an armored vehicle, sent in a robot and used explosives to create points of entry to the home. A tactical team tried to enter the home but the suspect, Robert Seacat, fired at the officers. Police once again employed the armored vehicle to open multiple holes in the home. This time, the tactical team was able to arrest Seacat. The home had to be demolished. The city of Greenwood Village offered to help with temporary living expenses while the home was rebuilt but refused to provide any other compensation. Lech and his parents, the homeowners, were the lawsuit plaintiffs in the suit against Greenwood Village and several of its officers. They alleged violation of their constitutional rights stemming from destruction of the home and refusal to compensate them. The Lechs argued that the takings clause should apply because it was designed to bar government from forcing some people alone to bear public burdens that in fairness should be borne by government. They also argued that precedent distinguishing the power of eminent domain and police power should not apply to cases of innocent owners whose property is destroyed. The appeals court rejected the arguments. The court said the innocent owner argument “is not without support,” but it was joining the U.S. Court of Appeals for the Federal Circuit in holding that there was no taking. The panel was made up of judges appointed by Presidents Barack Obama, Jimmy Carter and George W. Bush. Lech’s father, Leo Lech, told the Washington Post he may ask the Supreme Court to hear the case. “It just goes to show that they can blow up your house, throw you out on the streets and say, ‘See you later. Deal with it,’ ” he told the Post. “What happened to us should never happen in this country, ever.” Lech said it cost nearly $400,000 to rebuild the home and, “This has ruined our lives.”

https://www.forlawfirmsonly.com/cops-arent-liable-for-destroying-home-of-innocent-people-10th-circuit-rules/

DuckDuckGo Study Finds More People Would Use Google Alternatives if Given a Choice via @MattGSouthern

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A study commissioned by DuckDuckGo finds more people would use non-Google search engines if they were offered a choice.
To that end, DuckDuckGo proposes that Android smartphones come with a search preference menu that lets users choose their own default search engine. A study was conducted to find out which search engines people would choose if presented with DuckDuckGo’s proposed search preference menu. Participants in the study were presented with 4-choice and 8-choice search preference menus, as shown below: duckduckgo-study-finds-more-people-would-use-google-alternatives-if-given-a-choice-via-mattgsouthern.pngduckduckgo-study-finds-more-people-would-use-google-alternatives-if-given-a-choice-via-mattgsouthern.png According to the study, people selected Google alternatives at a rate that would boost their collective mobile market share by 300%-800%. Overall mobile search market share would immediately change by over 10%. duckduckgo-study-finds-more-people-would-use-google-alternatives-if-given-a-choice-via-mattgsouthern-1.pngduckduckgo-study-finds-more-people-would-use-google-alternatives-if-given-a-choice-via-mattgsouthern-1.png DuckDuckGo suggests that today’s smartphone users aren’t aware they can switch their default search engine. Those who are aware of being able to change defaults are faced with obstacles, the company says:
“…those who do attempt to change their Android search defaults face obstacles like hard-to-change homescreen search widgets. Google’s pervasiveness in search is difficult to dissipate; the company has many levers that exert magnetic forces, pulling people into its search engine.”
The study goes on to say that DuckDuckGo was the #2 selected search engine in the preference menus, which is an indication of consumer demand for a private search option. As part of the study, DuckDuckGo also asked users what would motivate them to change search engines. The second most selected answer was “if it didn’t collect any personal data about me or my searches”, with “better quality results” being the top answer. duckduckgo-study-finds-more-people-would-use-google-alternatives-if-given-a-choice-via-mattgsouthern-2.pngduckduckgo-study-finds-more-people-would-use-google-alternatives-if-given-a-choice-via-mattgsouthern-2.png Results of the study are based on survey responses from over 3,000 adults in the US, UK, Germany, and Australia.

https://www.businesscreatorplus.com/duckduckgo-study-finds-more-people-would-use-google-alternatives-if-given-a-choice-via-mattgsouthern/

DC Circuit stays judge’s order requiring release of Mueller grand jury documents to Congress

Trials & Litigation
dc-circuit-stays-judges-order-requiring-release-of-mueller-grand-jury-documents-to-congress.jpgImage from Shutterstock.com.
A federal appeals court has stayed a judge’s order requiring the release of grand jury materials from the special counsel probe to Congress. The U.S. Court of Appeals for the District of Columbia Circuit issued the stay Tuesday, report Politico and the Washington Post. The three-judge panel said it was issuing the administrative stay to give the court an opportunity to consider the Department of Justice’s emergency motion for a stay pending appeal. U.S. District Judge Beryl Howell ruled Friday that the DOJ must turn over the materials by Oct. 30. Howell ordered the department to turn over redacted portions of the report by former special counsel Robert Mueller, as well as the supporting grand jury materials. Howell said the House Judiciary Committee was entitled to the materials under a grand jury exception for disclosure “preliminarily to or in connection with a judicial proceeding.” There is no need for a formal impeachment resolution approved by the House, Howell said. The DOJ had argued that it would be “irreparably harmed” if the material is released. “Once the information is disclosed, it cannot be recalled, and the confidentiality of the grand jury information will be lost for all time,” the department said in a court filing.

https://www.forlawfirmsonly.com/dc-circuit-stays-judges-order-requiring-release-of-mueller-grand-jury-documents-to-congress/

Publishers Report a Spam Exploit in Google via @martinibuster

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A WebmasterWorld discussion brought to light a manipulative spam technique that was reported to be flourishing in Google. It involves competitors creating fake review sites to rank in Google. These review sites not only promote their own products, a publisher is reporting that the fake sites are also saying bad things and giving poor reviews.
The spam technique consists of creating fake product review sites created by the sellers of the products that are being reviewed. It was reported that some of the sites spread negative information about competitor products. WebmasterWorld Member Selen stated:
“Several competitors have created “review” websites where they feature a dozen of their own sister sites from the same business niche. These sites have an order form that is processed by the same (their own) company. To make it look “legit,” they added a couple of real competitors to the “review list” (with lower “ratings” of course). They wrote 100% fake reviews of their own services and attributed a scale from 1-10. Top 10 sites have “rating” between 9.1 and 10 (and they own all of them). The “ratings” are 100% fake and bogus. Google happily shows domains and fake ratings in the answer box on a very competitive term (eg. best service). It’s been going on for years, but now their dishonest efforts pay even more.”
Another member named samwest responded:
“…blackhat still pays and Google is still none the wiser.”
WebmasterWorld member Milchan added:
“my niche is dominated now by one competitor that does exactly what you are describing and I know for a fact that google has been made aware of this, as well as all the fake false google reviews they made and yet chose to not take any action. They have lots of doorway page sites (which is specifically mentioned against something google will ban you for in their guidelines), they have blog review/tips sites that do nothing but favor their own products and even talk down and scare monger to the point of slander other companies… They even have one site that purports to be an official site for something when it is not in any way shape or form an official site… but (offer)… top 5 recommendation… all of which lead to YMYL sites that they own.”

Google Webmaster Help Forum Reports

These are not isolated discussions at WebmasterWorld. There are multiple reports in Google’s official Webmaster Help Forums, too. For example there is one discussion titled, Fake Review Websites Are Created For Self Promotion, Stating Competitors As Scam, Hampering Business This is what the publisher reported:
“Our competitor has created his self promoting 5 websites, mentioning every other strong competitor as SCAM, driving all traffic and sales to his websites & they deliver poor quality work, so all face failure. “
Some major brands create websites that are standalone blogs and communities designed to reach out to potential customers. But creating a site for the purpose of outranking competitors and saying bad things about those competitors have some people upset at Google for ranking those sites. Can Google Catch Fake Review Site Spam? A careful competitor would very likely hide their domain registration information. How would Google identify a fake review spammer, by their inbound links? Could statistical analysis of review ratings reveal abnormal review patterns? This isn’t a new problem. There are discussions in Google’s own Webmaster Help Forum going back years and years. Seems like something that Google might want to take a closer look at. Read the WebmasterWorld discussion here https://www.webmasterworld.com/google/4965610-9-30.htm

https://www.businesscreatorplus.com/publishers-report-a-spam-exploit-in-google-via-martinibuster/

Wednesday, October 30, 2019

11th Circuit tosses suit claiming DNC unfairly disfavored Bernie Sanders in 2016 primaries

Election Law
11th-circuit-tosses-suit-claiming-dnc-unfairly-disfavored-bernie-sanders-in-2016-primaries.jpgU.S. Sen. Bernie Sanders on the campaign trail in 2016. Shutterstock
A federal appeals court has tossed a proposed class action that claimed the Democratic National Committee showed bias against U.S. Sen. Bernie Sanders in the 2016 presidential primaries. The Atlanta-based 11th U.S. Circuit Court of Appeals ruled Monday in an opinion by Judge Adalberto Jordan. The plaintiffs alleged the DNC and its then chairwoman, Deborah Wasserman Schultz, improperly tipped the scales in favor of presidential contender Hillary Clinton. Yet Wasserman Schultz had made public statements about impartiality. The lawsuit cited hacked emails from a period when both Sanders and Clinton were seeking the nomination that allegedly showed the DNC devoted its resources to Clinton. One of the emails talked about a strategy to provide a contrast between the GOP field and Clinton. Others talked about Clinton’s vulnerabilities and policy positions. The emails had been published on WikiLeaks after they were hacked by Russian military intelligence officers, according to an indictment obtained by former Special Counsel Robert Mueller. The appeals court tossed all of the claims, but allowed two of them to be refiled. “We are mindful that there are deep disagreements within (and outside) the Democratic Party about the DNC’s alleged conduct during the 2016 primaries,” Jordan said in his opinion. “But federal courts can only adjudicate cognizable claims, and the complaint here fails on a number of jurisdictional and substantive grounds.” The court ruled that claims of fraud, negligent misrepresentation, consumer law violations, and unjust enrichment failed on the merits. The court said the plaintiffs did not have standing to pursue claims for negligence based on the computer hack that could have disclosed donor information. Nor did they have standing to pursue a claim of breach of fiduciary duty, the court said. Those claims were dismissed without prejudice, meaning they could be refiled in an attempt to address the standing concerns. Plaintiffs in the suit consisted of three proposed classes: donors to the Democratic National Committee, donors to the 2016 presidential campaign of Sen. Bernie Sanders of Vermont, and voters affiliated with the Democratic Party. Here are their claims and the appeals court’s rulings on them: • The DNC donor class and the Sanders donor class alleged fraud, negligent misrepresentation, violations of consumer law that bars deceptive trade practices. The claims were based on the theory that the plaintiffs were harmed financially by alleged false statements of impartiality. The court said the plaintiffs in the DNC donor class had not alleged they relied on any specific statements before they made their donations, which defeated their fraud and negligent misrepresentation claims. The court said the consumer protection claim failed because the plaintiffs were not consumers of goods or services. The court said claims by the Sanders donor class failed on standing grounds because none of the plaintiffs alleged they gave money to Sanders after Wasserman Schultz made statements about impartiality. • The Democratic voter class alleged a breach of fiduciary duty by the DNC and Wasserman Schultz. The court said claims by the Democratic voters failed on standing grounds because they didn’t allege they donated any money to the DNC, and they don’t identify any injury resulting from alleged breach of fiduciary duty. At oral arguments, lawyers identified two possible injuries to the voter class: a reduction in the value of the DNC and harm to the viability of the Democratic Party. Those allegations should have been contained in the complaint, the court said. • The DNC donor class alleged negligence based on the computer hack and unjust enrichment. The court said the donors’ unjust enrichment claim failed because the plaintiffs included no factual allegations supporting an implied contract between the DNC and contributors. Nor was it clear why donors gave money to the DNC. The plaintiffs didn’t challenge the district court’s dismissal of their negligence claim on standing grounds. The appeals court said the claim was abandoned, and it didn’t express any views on it. Jordan is an appointee of President Bill Clinton. His opinion was joined by Judge Frank Hull, also a Clinton appointee, and Judge Britt Grant, an appointee of President Donald Trump. The case is Wilder v. DNC Services Corp. Hat tip to Bloomberg Law.

https://www.forlawfirmsonly.com/11th-circuit-tosses-suit-claiming-dnc-unfairly-disfavored-bernie-sanders-in-2016-primaries/

Selling Likes And Followers Has Been Ruled Illegal By the FTC via @MattGSouthern

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In what could be a precedent-setting case, the FTC recently fined a US business over the sale of fake likes and followers. Florida businessman German Calas Jr., owner of a company called Devumi, was fined $2.5 million over the sale of “fake indicators of social media influence.” Devumi was in the news last year as the subject of a well-publicized New York Times investigation. It was discovered that Devumi was selling Twitter followers and engagement to celebrities, businesses, and anyone who wanted to pay to appear popular online. The New York Times reported Devumi managed to generate around $15 million in revenue from doing this. Since then, Devumi shut down and later agreed to a $50,000 settlement with the New York Attorney General’s office. The FTC has now imposed a $2.5 million fine, although it will be suspended once $250,000 has been paid. As mentioned, this case is particularly newsworthy as it sets a precedent for other cases. In the future, when legal action is taken against a company for selling fake likes and followers, lawyers will look to this case to determine the appropriate action to take. In fact, since the fine was imposed against Devumi, the New York Attorney General announced it was taking legal action against other providers selling fake social media engagement. If nothing else, this should at least deter companies from getting into the business of selling fake social media influence.

https://www.businesscreatorplus.com/selling-likes-and-followers-has-been-ruled-illegal-by-the-ftc-via-mattgsouthern/

North Carolina congressional map drawn to benefit GOP can’t be used in 2020, state panel rules

Election Law
north-carolina-congressional-map-drawn-to-benefit-gop-cant-be-used-in-2020-state-panel-rules.jpgImage from Shutterstock.com.
On Monday, a panel of three state judges in North Carolina blocked the state from using its current congressional map in 2020 elections. The judges said plaintiffs were likely to succeed in their arguments that the map was an extreme partisan gerrymander that violated state constitutional guarantees for free elections, equal protection, and freedom of speech and assembly. The New York Times, the Associated Press, NBC News, the News & Observer, the Washington Post and Politico have coverage. The plaintiffs had alleged that the congressional map, drawn to benefit Republicans, “may be the most extreme and brazen partisan gerrymander in American history.” The map was drawn to entrench a 10-3 Republican advantage, despite a near-even split of Democratic and Republican voters in the state. One lawmaker said the congressional map was drawn that way only because the legislature was unable to draw a map that would elect 11 Republicans and two Democrats, according to the lawsuit. The three-judge panel issued a preliminary injunction and urged state lawmakers to quickly draw new congressional districts. Primaries in the state are scheduled for March 3. Filing deadlines are in December. The court’s ruling follows a similar ruling by the panel in September, which held that state legislative districts drawn to benefit Republicans violated the state constitution. The legislature created new maps, which the court approved Monday in a separate opinion. The North Carolina courts stepped in after the U.S. Supreme Court ruled in June that federal courts have no power to decide partisan gerrymandering challenges. The state challenge to the congressional maps was filed by the National Redistricting Foundation, an affiliate of the National Democratic Redistricting Committee.

https://www.forlawfirmsonly.com/north-carolina-congressional-map-drawn-to-benefit-gop-cant-be-used-in-2020-state-panel-rules/

The Future of SEO: What SEO & Marketing Pros Need to Understand via @kaliblissyoga

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It’s no secret that the game and business of SEO is changing fast. Those staying attached to the old SEO mindset that more links win and keyword volume is everything will fail.
You can no longer rely on Google or popular website blogs to tell us how to optimize a website well. Thinking SEO is only about link building is the biggest myth of all, and an outdated strategy from 2009. To win in SEO, marketers will need cross-collaboration, creativity, and new thinking to design sustainable SEO strategies that can:
  • Enhance media operations.
  • Drive organic traffic to websites.
Understanding the user will be key to success. Getting them to stay on the page and explore the website will be the challenge. SEO is transforming. Anyone working in the online space needs to consider how they can be more creative with strategy and work collaboratively to optimize websites and increase long-term user engagement. 

What’s Changing SEO

The interconnectivity of SEO, technology, human behavior, media, machine, and mindset will change the game of SEO and online marketing. SEO professionals are now required to become storytellers and professional marketers that not only can develop a search strategy, but can also communicate and sell a brand online. The digital message must meet the user’s mindset and intent, and deliver what the searcher is seeking while building brand awareness in the long term. 

What This Means for SEO Pros

SEO pros must be intuitive in getting the right content to the right type of user, making it easily digestible, and inspiring. Marketers need to:
  • Question the user experience.
  • Evaluate the target audience.
  • Consider how websites are optimized.
  • Consider the language and visuals used to connect with audiences.
All these elements are now factors of SEO. How websites get the brand message across to users will help or hinder marketing efforts. People want information fast because they are always on the go. They need websites and content that load fast and easily deliver what they seek. The future of SEO is in understanding the user’s intent and the deeper layers of wants and desires that drive behaviors. SEO professionals are now magicians that need to be able to empathize with humans and understand psychology to successfully deliver a full search strategy. Considering what target audiences will actually search for and what compels them to interact with a brand and product will be necessary to fully engage audiences. SEO pros may struggle in developing the consumer journey and being able to optimize for the different marketing goals. Furthermore, understanding the generation differences, the values of different consumers, and the ultimate goal of consumers can help SEO partner with other marketing sectors to create a buyer’s journey and build brand awareness. After all, once someone lands on a website, it takes great intelligence to get users to stay engaged, and remain loyal to the brand and product. This gap is where SEO professionals will need to get creative and beyond thinking about search volume and targeting keywords. They will need to also integrate human behavior and look at the big business picture to execute a strategy that works. Understanding that the searcher can only see what it believes and only find what it knows creates a new digital disconnect that only the searcher experiences and data can’t explain. Brands must become cognizant of who they are speaking too and what they are trying to convey and attract.

The Future of SEO Must Consider Value-Driven Awareness

Brands will need to become value-driven and purposeful in order to appeal to people, especially younger generations. Without having brand awareness and a strong message, people won’t be motivated to visit the site, engage on social channels, click through to the site, or learn more about the company.  Marketers will need to understand target audiences and the why behind the actions. Perspective will become everything in order to tap into the user’s mind, wants, and needs. Psychology teaches us that we create our own reality through the lens of our mind. You need to understand:
  • Consumers’ needs.
  • What drives them.
  • What causes them to search.
  • Their subconscious.
  • Their wants and values that govern their behaviors.
This is key for having long term followers and making an impact online. Because without being able to communicate via a website, good content, and quality branding, you won’t win long term followers or create brand equity.

Innovation with Technology & AI Will Fuel Less Search & More Voice Activation

In a world where we can find whatever information we want, you will have to discover what will ultimately grow a brand and create long-term consumers who actually care.  Brands that can appear more human, less corporate, and that hold underlying values for humanity will win. People want to promote brands they align with. Naturally, they will share, buy, and engage with brands they stand for, beyond just having a product. As technology evolves and new gadgets are created, the power of voice search is gaining new traction.  SEO pros will be challenged in adapting with technology and understanding how AI and more are actually driving a lot of what users see and connect with. Because the machine already hears and knows what users talk about and mention, it will be imperative to have SEO pros help optimize creative campaigns and work with media teams to deliver successful messages and content.

Everything Now Is Driven by the User & Must Be Optimized to Meet Their Needs

Technological advancements and AI are impacting everything about digital marketing and SEO. Marketers will need to understand machine learning and learn how the machine thinks and interprets language. Understanding AI and technology and the interconnectivity of all things will help craft sustainable marketing strategies that survive the rise of AI. Utilizing tech tools and understanding neurolinguistics and quantum physics can help businesses excel online. Our human mind and emotions create reality and what technology mirrors back to us. We create our reality through what we think and feel, and this also drives our behaviors. Understanding that devices and online technologies are reflections of our internal state allows SEO professionals to become powerful persuaders that need to understand humans in order to optimize for their needs.  Knowing that the user is the driver of technology and what shows up makes it even more valuable to optimize content and websites with creative messaging and proper language that can appeal to target audiences and get them to engage with the website. SEO pros will need to understand the mind and how we can unify and utilize marketing strategies to deliver the best messages that actually inspire people to interact with brands and products, as well as support bigger missions that money, links, and Google search results cannot buy.  Without developing the creative aspects well, having a team help design the strategy and optimize the content and site and working with media, there will be a disconnect when trying to promote brands and products. Teamwork is key if you want to solve the bigger SEO puzzles.

We Will Need to Think Like a Machine & Understand the Human Mind

Because Google and all algorithms are developed by semantics and neural networks working together, it’s imperative we all not only understand how Google and technology are affecting us, but also how our own psyche creates our external reality, including:
  • How we search.
  • What we think.
  • What we click on.
  • How we act.
  • What we see.
Google gives the user information, however, it is up to the user to choose what it clicks on and responds to. What users don’t know and don’t believe in, they cannot find and won’t be inspired to click. Google operates like the human mind. It takes into consideration the relationship between search keywords, neural networks, websites, links, and more. Thus, the future of SEO requires marketers to:
  • Consider the brand as a whole.
  • Understand how they can sell the message to the right audience.
  • Fill in the gaps to educate users and get seen in the right channels. 
Because no mind is alike, no user searches alike either. Everyone has different internal drives, perceives the world differently, and searches for different reasons. SEO pros are now challenged to capitalize on deeper knowledge about:
  • How Google works.
  • How humans behave.
  • How powerful semantics and language correlate with one another to create SEO results. 

SEO Must Be Utilized with Reverence to Build Trust & Deliver the Best Brand & Web Experience for Users

The future of SEO will be brand integrity and utilizing partnerships and relationships to build credibility and popularity. The importance of PR and gaining traction online through other websites and media hubs will be valuable for SEO success.  Real links from authorized sites and media outlets will help validate brands. Creating links through credible media sources and showcasing companies online with PR efforts will help brands seem more appealing and credible through the lens of both machines and humans. One thing is for sure, if SEO and marketing pros are unwilling to adapt, get curious, and live with an open mind, they won’t be able to keep up with technology. The future of SEO is brand awareness – driving messages that can connect to audiences in bigger, long-term, ways. In a world where we all are craving a global change, more unity, more equality, more freedom, and more happiness, we all can collaborate to build marketing initiatives and utilize tech and media to truly inspire people and the planet. Brands and marketers have a huge responsibility to not only get ranked in Google, but also to:
  • Convey a bigger story that can relate to humanity.
  • Inspire new generations.
  • Help companies be seen in more humanized ways rather than sounding like a sales pitch or product.
Without believing in the imagination and believing in our own ability to connect and captivate audiences through creativity, we will miss the bigger picture of what marketing is and how to really portray a meaningful story that doesn’t just sell but shows a bigger vision. SEO and marketing pros will be challenged to shift perspectives and even produce sustainable content that can drive users to websites and truly build brand loyalty across different platforms and more. More Resources:

https://www.businesscreatorplus.com/the-future-of-seo-what-seo-marketing-pros-need-to-understand-via-kaliblissyoga/

Tuesday, October 29, 2019

Disbarred lawyer loses appeal based on judge’s testimony against him

Ethics
disbarred-lawyer-loses-appeal-based-on-judges-testimony-against-him.jpgImage from Shutterstock.com.
A federal judge who filed a grievance against a lawyer for conduct in his personal bankruptcy was permitted to testify against the lawyer in his disciplinary case, the Texas Supreme Court has held. Testimony by a judge in such circumstances may be not only appropriate but required, the state supreme court said in an Oct. 25 opinion. Texas Lawyer and Law360 have coverage. Mark Cantu was disbarred in April 2016 after U.S. Bankruptcy Judge Marvin Isgur testified that Cantu improperly concealed and transferred assets in his bankruptcy and “displayed a pattern of omission, obfuscation and noncompliance.” Isgur testified as a fact witness in the discipline case. Isgur had denied a bankruptcy discharge because of Cantu’s conduct. Cantu had contended Isgur’s testimony amounted to improper expert testimony that essentially told jurors how to vote. (Texas provides for a jury trial in legal ethics cases.) An intermediate appeals court ruled in May 2018 that Cantu was entitled to a new ethics trial because of Isgur’s testimony. The intermediate court cited a Texas Supreme Court decision that barred admission of expert testimony by a judge in a legal-malpractice case. The Texas Supreme Court said the malpractice decision “did not announce a broad and general rule against courtroom testimony by judges.” Barring judicial testimony in disciplinary cases “would be particularly ill-advised,” the supreme court said. “In this case,” the supreme court said, “the judge is the complainant who filed the grievance against the lawyer. Disallowing testimony from judges in such cases would place judge-initiated grievances at an artificial disadvantage relative to other grievances in which the complainant may freely testify.” The Texas Supreme Court also upheld admission of a redacted version of Isgur’s opinion that denied the bankruptcy discharge and cited the reasons why. The Texas Supreme Court reversed the intermediate court and remanded Cantu’s case to allow the appeals court to consider other issues that it hadn’t reached. Cantu denies violating any disciplinary rules. “Hopefully the court of appeals will listen to our legal arguments, and this nightmare will be over for me and my family,” Cantu told Texas Lawyer. “I’m really a good guy.”

https://www.forlawfirmsonly.com/disbarred-lawyer-loses-appeal-based-on-judges-testimony-against-him/

Scores of inspectors general criticize DOJ response to Ukraine whistleblower

Attorney General
scores-of-inspectors-general-criticize-doj-response-to-ukraine-whistleblower.jpgImage from Shutterstock.com.
Justice Department Inspector General Michael Horowitz is among about 70 federal inspectors general who are criticizing the department’s conclusion that the Ukraine whistleblower complaint did not need to be turned over to Congress. In an Oct. 22 letter released on Friday, the inspectors general are asking the Justice Department to withdraw or modify a Sept. 3 opinion by its Office of Legal Counsel, report the New York Times, USA Today and Politico. The letter by the Council of the Inspectors General on Integrity and Efficiency said the legal opinion “could seriously undermine the critical role whistleblowers play in coming forward to report waste, fraud, abuse and misconduct across the federal government.” Last month’s opinion by the Office of Legal Counsel concluded that the whistleblower complaint did not meet the definition of a matter of urgent concern that needed to be transmitted to Congress. The opinion said the applicable reporting statute applies only to the funding or operation of intelligence activity under the authority of the director of national intelligence. The whistleblower had expressed concern about President Donald Trump’s July 25 phone call in which he asked Ukrainian President Volodymyr Zelensky to investigate Joe Biden and his son, who was a paid board member of a Ukraine gas company. The legal opinion said the president is not a member of the intelligence community, and the whistleblower complaint does not relate to an intelligence activity under the supervision of the director of national intelligence. The letter by the inspectors general says the narrow definition of “urgent concern” raises questions about whether the whistleblower is protected from retaliation. The inspectors general say the director of national intelligence has a broad legal mandate to address intelligence matters related to national security and to instances of possible foreign involvement in elections. That broad mandate supports the conclusion that reporting was required, the letter says. Assistant Attorney General Steven Engel, who heads the Office of Legal Counsel, responded to the inspectors general. In his letter, Engel said the legal opinion did not interpret any statutory provisions protecting whistleblowers from retaliation “and nothing in our opinion alters the protections that Congress has provided.” The inspector general for intelligence had sought to forward the whistleblower complaint to Congress and informed the House Intelligence Committee about the complaint. The legal opinion had held up transmission of the complaint until a compromise was reached. Congress received the whistleblower complaint, and an unclassified version of the complaint was released to the public. Hat tip to the Marshall Project.

https://www.forlawfirmsonly.com/scores-of-inspectors-general-criticize-doj-response-to-ukraine-whistleblower/

Woman gets 22 years in prison after showing up at her lawyer’s office with a loaded shotgun

Criminal Justice
woman-gets-22-years-in-prison-after-showing-up-at-her-lawyers-office-with-a-loaded-shotgun.jpgImage from Shutterstock.com.
A 78-year-old woman found guilty of raising a loaded shotgun toward her former lawyer before he wrestled it away from her has been sentenced to 22 years in prison. Patricia Currie of Mandeville, Louisiana, was sentenced last Thursday, report the Associated Press, NOLA.com and WDSU. Jurors had found Currie guilty of attempted second-degree murder in an August retrial after deliberating for only 15 minutes. A mistrial was declared in a previous trial. Lawyer Keith Couture testified that he found Currie sitting in his office lobby wearing latex gloves and plastic grocery bags on her feet. She had a towel on her lap. When Couture asked Currie why she was in the office, she said she wanted to kill him. She showed Couture the gun under the towel and raised the weapon toward him, Couture testified. Couture said he wrestled the gun away from Currie, who testified that she was just trying to scare the lawyer. Couture had sought to withdraw as Currie’s lawyer in a bankruptcy case a few weeks before the October 2016 incident. Currie was seeking to strip a junior lien on her property filed by her condo association in a battle over unpaid monthly dues, according to previous coverage of Currie’s arrest. Couture’s wife testified at sentencing that their children live in fear that their father could be killed at work.

https://www.forlawfirmsonly.com/woman-gets-22-years-in-prison-after-showing-up-at-her-lawyers-office-with-a-loaded-shotgun/

Monday, October 28, 2019

Afternoon Briefs: DOJ opens criminal review of Russia probe; DeVos held in contempt

News Roundup
afternoon-briefs-doj-opens-criminal-review-of-russia-probe-devos-held-in-contempt.jpgEducation Secretary Betsy DeVos/U.S. Department of Education.
Department of Justice reportedly opens criminal inquiry into origins of Russia probe The U.S. Department of Justice’s review of the origins of the Russia probe has shifted from an administrative review to a criminal inquiry, according to two anonymous sources who spoke with the New York Times. According to the article, President Donald Trump will likely see the criminal probe as vindication of his criticism of the probe into Russian interference in the 2016 presidential election. The U.S. attorney leading the review, John Durham, will now have the power to issue subpoenas and convene a grand jury. His investigators have reportedly asked about any anti-Trump bias by people working on the Russia probe and whether the CIA may have tricked the FBI into opening the investigation. (The New York Times) Judge holds Education Secretary Betsy DeVos in contempt A judge in San Francisco has held Education Secretary Betsy DeVos in contempt of court for violating an order to stop collecting loans from former students of the now-defunct Corinthian Colleges. U.S. Magistrate Judge Sallie Kim ordered the Department of Education to pay $100,000 for the violation, which will be used to compensate students. Kim said evidence shows “only minimal efforts to comply” with the order. Some students had tax refunds seized and wages garnished. A video statement by an Education Department official said about 16,000 students and parents were mistakenly billed, and 99% of affected students have received refunds. (The New York Times, the Washington Post) DOJ gives award to Kavanaugh nomination team at private ceremony The U.S. Department of Justice opted for a private ceremony Thursday when it gave its prestigious Attorney General’s Award for Distinguished Service to a team of government lawyers who supported Justice Brett M. Kavanaugh’s nomination to the U.S. Supreme Court. The other awards were handed out at a public event. A spokesperson said the lawyers didn’t get the awards at the public ceremony because of time restrictions for the event. Typically, the award is given to lawyers who worked on significant prosecutions rather than on judicial nomination processes. (The National Law Journal, the New York Times) Consumer class actions nearly tripled in past decade, report says The number of consumer protection class actions in the past decade increased from 1,223 to 3,382 lawsuits, according to a report by Lex Machina. Driving the increase are cases over data breaches. (The National Law Journal)

https://www.forlawfirmsonly.com/afternoon-briefs-doj-opens-criminal-review-of-russia-probe-devos-held-in-contempt/

Sunday, October 27, 2019

Prisons and jails use artificial intelligence to monitor inmate phone calls

Technology
prisons-and-jails-use-artificial-intelligence-to-monitor-inmate-phone-calls.jpgImage from Shutterstock.com.
Artificial intelligence is helping prisons and jails monitor inmate phone calls to learn of criminal activity and potential suicides. The technology uses speech recognition, semantic analytics and machine learning software to build databases of searchable words, ABC News reports. The technology companies notify law enforcement when the system picks up suspicious language. One company, LEO Technologies based in Los Angeles, sends investigators to prisons that use its services to add phrases and slang from the prison and surrounding area to its database. Inmates are warned that their calls are being recorded, but they make incriminating statements on the phone anyway. In one case, the technology identified a problematic call earlier this month in Suffolk County, New York. The inmate threatened to kill the judge and prosecutor in his case after his release from prison. “If I got to stay longer than November … I’m killing them all when I get out … and I mean it!” the inmate said on the call, according to a partial transcript provided to ABC News by LEO Technologies officials. In another case in Jefferson County, Alabama, authorities discovered that an inmate was running a prostitution ring from prison after he complained that a sex trafficking victim was too far away to control. Police went to the Alabama hotel where the victim was being sent and arrested her handler. LEO Technologies says the costs of its technology generally runs from $500,000 to $600,000 per year for a prison with about 1,000 inmates. Two other companies that provide phone services to prisons and jails, GTL and Securus, are also developing AI technology to monitor phone calls. Some have criticized use of the service in jails because many inmates whose calls are being monitored haven’t been convicted of a crime. One critic is Bianca Tylek, executive director of Worth Rises, an inmate advocacy group. “The majority of people in jail are pretrial and are subjected to additional levels of surveillance because they can’t afford bail,” Tylek told ABC News. “Rich people can get bail and not be subject to this added level of surveillance.”

https://www.forlawfirmsonly.com/prisons-and-jails-use-artificial-intelligence-to-monitor-inmate-phone-calls/

Welcome BERT: Google’s latest search algorithm to better understand natural language

Google is making the largest change to its search system since the company introduced RankBrain, almost five-years ago. The company said this will impact 1 in 10 queries in terms of changing the results that rank for those queries. Rolling out. BERT started rolling out this week and will be fully live shortly. It is rolling out for English language queries now and will expand to other languages in the future. Featured Snippets. This will also impact featured snippets. Google said BERT is being used globally, in all languages, on featured snippets. What is BERT? It is Google’s neural network-based technique for natural language processing (NLP) pre-training. BERT stands for Bidirectional Encoder Representations from Transformers. It was opened-sourced last year and written about in more detail on the Google AI blog. In short, BERT can help computers understand language a bit more like humans do. When is BERT used? Google said BERT helps better understand the nuances and context of words in searches and better match those queries with more relevant results. It is also used for featured snippets, as described above. In one example, Google said, with a search for “2019 brazil traveler to usa need a visa,” the word “to” and its relationship to the other words in query are important for understanding the meaning. Previously, Google wouldn’t understand the importance of this connection and would return results about U.S. citizens traveling to Brazil. “With BERT, Search is able to grasp this nuance and know that the very common word “to” actually matters a lot here, and we can provide a much more relevant result for this query,” Google explained. Note: The examples below are for illustrative purposes and may not work in the live search results. welcome-bert-googles-latest-search-algorithm-to-better-understand-natural-language.png In another example, a search for “do estheticians stand a lot at work, Google Said it previously would have matched the term “stand-alone” with the word “stand” used in the query. Google’s BERT models can “understand that ‘stand’ is related to the concept of the physical demands of a job, and displays a more useful response,” Google said. welcome-bert-googles-latest-search-algorithm-to-better-understand-natural-language-1.png In the example below, Google can understand a query more like a human to show a more relevant result on a search for “Can you get medicine for someone pharmacy.” welcome-bert-googles-latest-search-algorithm-to-better-understand-natural-language-2.pngFeatured snippet example. Here is an example of Google showing a more relevant featured snippet for the query “Parking on a hill with no curb”. In the past, a query like this would confuse Google’s systems. Google said, “We placed too much importance on the word “curb” and ignored the word “no”, not understanding how critical that word was to appropriately responding to this query. So we’d return results for parking on a hill with a curb.” welcome-bert-googles-latest-search-algorithm-to-better-understand-natural-language.jpgRankBrain is not dead. RankBrain was Google’s first artificial intelligence method for understanding queries in 2015. It looks at both queries and the content of web pages in Google’s index to better understand what the meanings of the words are. BERT does not replace RankBrain, it is an additional method for understanding content and queries. It’s additive to Google’s ranking system. RankBrain can and will still be used for some queries. But when Google thinks a query can be better understood with the help of BERT, Google will use that. In fact, a single query can use multiple methods, including BERT, for understanding query. How so? Google explained that there are a lot of ways that it can understand what the language in your query means and how it relates to content on the web. For example, if you misspell something, Google’s spelling systems can help find the right word to get you what you need. And/or if you use a word that’s a synonym for the actual word that it’s in relevant documents, Google can match those. BERT is another signal Google uses to understands language. Depending on what you search for, any one or combination of these signals could be more used to understand your query and provide a relevant result. Can you optimize for BERT? It is unlikely. Google has told us SEOs can’t really optimize for RankBrain. But it does mean Google is getting better at understanding natural language. Just write content for users, like you always do. This is Google’s efforts at better understand the searcher’s query and matching it better to more relevant results. Why we care. We care, not only because Google said this change is “representing the biggest leap forward in the past five years, and one of the biggest leaps forward in the history of Search.” But also because 10% of all queries have been impacted by this update. That is a big change. We did see unconfirmed reports of algorithm updates mid-week and earlier this week, which may be related to this change. We’d recommend you check to see your search traffic changes sometime next week and see how much your site was impacted by this change. If it was, drill deeper into which landing pages were impacted and for which queries. You may notice that those pages didn’t convert and the search traffic Google sent those pages didn’t end up actually being useful. We will be watching this closely and you can expect more content from us on BERT in the future.
 

About The Author

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Barry Schwartz is Search Engine Land's News Editor and owns RustyBrick, a NY based web consulting firm. He also runs Search Engine Roundtable, a popular search blog on SEM topics.

https://www.businesscreatorplus.com/welcome-bert-googles-latest-search-algorithm-to-better-understand-natural-language/

TF-IDF: Can It Really Help Your SEO? via @ab80

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Like many other concepts in SEO, TF-IDF it a topic that is much debated. First, you read about it being a silver bullet to rank your content on Google. Then, immediately, you hear that TF-IDF is so old-school that it isn’t worth any effort. The truth usually lies somewhere in the middle. This post will explore why you shouldn’t expect TF-IDF to substitute a comprehensive optimization strategy and what the true benefits are of using it for SEO.

TF-IDF: What Kind of Beast Is That?

For a human brain, it doesn’t take any math to tell what my article is about. It’s about TF-IDF, right? But when relevancy is evaluated (and, most importantly, compared for several articles) by a machine, we need a numeric representation to see that:
  • Article A is about TF-IDF (as opposed to, say, link building).
  • Article A is more about TF-IDF than article B.
Could we simply count the number of times our keyword, TF-IDF, appears in each document? No, thus we obviously ignore the size of the documents. Could we compare the count of our keyword to the total number of words? This is what we call keyword density – a widely used content optimization metric of the past. But relying on keyword density makes me think that the word “to be” (not “TF-IDF”) is the most prominent one in this article. Is there a way to adjust my calculations for the fact that some words appear more frequently in speech in general? This is where TF-IDF comes into play, letting us see how “TF-IDF” use frequency in this article compares to its average use frequency across other documents on the Web. Thus, we’re able to pay less attention to all the commonly used words and distinguish a very specific topic for a particular piece of content. The formula for my calculations looks like this: tf-idf-can-it-really-help-your-seo-via-ab80-1.png Or, to put it simply (disclaimer: I’m purposefully oversimplifying here for the sake of conveying the basic idea), we’re taking:
  • Term Frequency = (count of the term) / (total word count in the document)
  • Inverse Document Frequency = log (number of docs) / (docs containing keyword)
When multiplied by Inverse Document Frequency, Term Frequency gets lower for commonly used words and higher for unique topic-identifying terms. Back to our example, the verb “to be” is used in each and every article in English. But very few articles mention “TF-IDF”, “keywords”, “content” and other important subtopics I’m covering in my article. So, TF-IDF for these terms gets higher and… voila! The machine knows what my article is about. Generally, TF-IDF is used when we need a machine to identify topics of a huge set of documents. For instance, it’s widely applied in recommender systems in digital libraries.

Is Google Using TF-IDF as a Ranking Signal?

The short answer is “no.” TF-IDF is referred to in a number of Google Patents as something that the search engine may use for stop words removal, which is to get rid of all the function words within a search query and in page content: tf-idf-can-it-really-help-your-seo-via-ab80-2.png But using this exact mechanism for identifying and comparing relevancy is very unlikely. Simply because being an example of a lexical search mechanism, TF-IDF is unable to look beyond keywords. The model considers keywords as strings of characters and cannot identify semantic relations between them, as opposed to semantic search models most probably used by Google. In other words, TF-IDF itself is not a ranking signal that determines your page’s position. There’s no expected TF-IDF value you need to match for each keyword in your content. And you’d better run from anyone trying to convince you otherwise.

Semantic Search & Co-Occurrences

So, Google has moved to semantic search, trying to match the meaning of a search query to topically relevant content, as opposed to matching query keywords to the same keywords on pages. In practice, this means that instead of counting keywords themselves, Google started counting co-occurrences, using the surrounding context to understand their meaning. For example, let’s say you encounter the following sentences and you have no idea what a trout is:
  • Trout is rich in omega-3 fatty acids.
  • Trout has tender flesh and a mild, somewhat nutty flavor.
  • When choosing trout we pay attention to a clear red-orange color.
And you also encounter the following. I assume that most of the readers know what a salmon is:
  • Salmon is a popular type of fish in Western cuisine, which goes well with white wine.
  • Tender salmon meat can be added to pasta.
  • Salmon skin is super nutrient-dense, so keep it why you cook.
The fact that trout occurs with words like omega-3, flesh, and pasta might suggest that trout is a sort of edible fish similar in some way to salmon. Based on this simple understanding of context, Google is able to build an elaborate system of word vectors, further used to understand user queries and content relevance. And though I’m not saying you and I should try reverse-engineering the whole vector system, giving more relevancy signals by enriching your content with more co-occurrences seems only logical (and, as several case studies show, really influences Google rankings).

How Can TF-IDF Help Your SEO?

Finding co-occurring terms is exactly where TF-IDF comes into play. Sure, we don’t have access to every webpage, as Google does. But why would we need those? To get a whole list of co-occurrence ideas, it is perfectly enough to look at a bunch of pages (say 20 to 30). And the beauty is that using TF-IDF isn’t rocket science. All you have to do fits in three simple steps.

1. Write Your Content

I’m not urging you to make TF-IDF the purpose of your piece of content. In the end, unnatural writing simply won’t convert even if the page ranks high and brings in the needed traffic. So, first of all, you sit down and write about whatever it is that you have on your content plan.

2. Plug in a TF-IDF Tool

Most of the tools I’ve seen work pretty similarly. You enter a URL and the keywords you want to optimize it for. The tool then checks pages that rank on Google for that keyword, parses their content, calculates TF-IDF for all the terms it finds and compares your content stats to those of your competitors. With basic tools, like Seobility, you will get a single-keyword list. If you’re using SEO PowerSuite’s WebSite Auditor, Ryte or Text Tools, you will also have a list of key phrases (or N-grams, if you like a taint of science), which is definitely more informative. (Disclosure: I work for SEO PowerSuite.) tf-idf-can-it-really-help-your-seo-via-ab80-3.png

3. Enrich Your Content with TF-IDF Co-Occurrence Suggestions

Some of the phrases will simply be synonymous with what you already have in your content. If appropriate, try using them along the way. Some of the phrases will point out the new topics, which haven’t crossed your mind yet. Sift through the ideas and think of ways to use them in your content (without getting obsessed about them).

TF-IDF for Keyword Research

A little bonus tip. Picking up the most widely used terms from your competitors’ content might also spur new ideas into your keyword research and content planning, especially when you feel the need for out-of-the-box thinking and inspiration. tf-idf-can-it-really-help-your-seo-via-ab80-4.png

Conclusion

Many a time, you’ll see TF-IDF used as clickbait – articles either promising the formula to be “Google algorithm reverse-engineered” or “busting the myth of TF-IDF”. But I encourage you to take things for what they are and use the opportunities TF-IDF optimization gives. Without betting your entire SEO campaign on it. More Resources:
Image Credits Featured Image: Created by author, October 2019 All screenshots taken by author, October 2019

https://www.businesscreatorplus.com/tf-idf-can-it-really-help-your-seo-via-ab80/

Judge orders DOJ to turn over Mueller grand jury information for impeachment probe

Constitutional Law
judge-orders-doj-to-turn-over-mueller-grand-jury-information-for-impeachment-probe.jpgImage from Shutterstock.com.
The chief federal judge in Washington, D.C., ruled Friday that the House Judiciary Committee is entitled to see grand jury materials related to former special counsel Robert Mueller’s investigation of Russian interference in the 2016 presidential election. U.S. District Judge Beryl Howell ruled that the Department of Justice must turn over the materials by Oct. 30. Publications covering Howell’s ruling include Law.com, Politico, the Washington Post and the New York Times. Howell said House Speaker Nancy Pelosi has announcedan official impeachment inquiry,” and Congress is entitled to the information to carry out its constitutional duty. “Congress need not redo the nearly two years of effort spent on the special counsel’s investigation,” Howell said in her opinion. Howell said the House committee was entitled to the materials under a grand jury exception for disclosure “preliminarily to or in connection with a judicial proceeding.” The standard is satisfied, Howell said, because an impeachment trial before the Senate is a judicial proceeding, and the House impeachment inquiry is preliminary to such a proceeding. Howell said historical practice and precedent by the U.S. Court of Appeals for the District of Columbia Circuit both support turning over the materials. There is no need for a formal impeachment resolution approved by the House, Howell said. Precedent cited in support of a contrary finding “is cherry-picked and incomplete, and more significantly, this test has no textual support in the U.S. Constitution,” Howell said. In addition, neither House rules nor grand jury secrecy rules support the need for a formal resolution, she said.

https://www.forlawfirmsonly.com/judge-orders-doj-to-turn-over-mueller-grand-jury-information-for-impeachment-probe/

Voice assistant study: Microsoft’s Cortana offers most answers, Google Assistant proves most accurate

Perficient Digital released the latest version of its now annual Digital Personal Assistants accuracy study. It compared responses to roughly 5,000 queries on seven devices including Amazon’s Alexa (Echo and Echo Show), Microsoft’s Cortana, Google Assistant (Home, smartphones), and Siri. More answers, less accuracy. At the highest level, Google Assistant performed the best, but Cortana attempted to answer the most questions. Alexa also showed improvement in answer attempts. But accuracy declined on all devices, according to the study. The chart below compares devices by number of answers attempted, which means they didn’t respond with “I don’t know that” or “I can’t help with that yet.” Three years of data show Cortana and Alexa have grown the most in answer attempts, with Cortana edging Google for most questions answered (though not always correctly).
voice-assistant-study-microsofts-cortana-offers-most-answers-google-assistant-proves-most-accurate.pngSource: Perficient Digital 2019 DPA accuracy study
Alexa the second-most accurate assistant, after Google. The most accurate assistant is Google (on a smartphone). Alexa comes in second. However, accuracy seems to have declined across the board and most for Cortana, which could be related to its attempt to answer more questions. Siri also suffered a meaningful decline in accuracy.
voice-assistant-study-microsofts-cortana-offers-most-answers-google-assistant-proves-most-accurate-1.pngSource: Perficient Digital 2019 DPA accuracy study
Perficient Digital explored the use of featured snippets by the assistants. It defines snippets as “answers provided by a digital personal assistant or a search engine that have been sourced from a third party” (with attribution). Decline in use of snippets by Google. Google served up the most snippets, with Google Home beating out the Assistant on smartphones. However, Google Assistant on the smartphone also saw a significant decline use of snippets. It was the only platform to see such a decline. voice-assistant-study-microsofts-cortana-offers-most-answers-google-assistant-proves-most-accurate-2.pngSource: Perficient Digital 2019 DPA accuracy study Finally, Alexa and Siri tied for the most jokes offered in response to queries. Accordingly, they were deemed to be “the funniest” assistants. Why we should care. Perficient Digital concludes in its discussion of the data that “progress has stalled to a certain degree.” The company explains, “We’re no longer seeing major leaps in progress by any of the players,” adding, “The next significant leap forward will likely require a new approach.” Google may have found that approach in BERT, which helps the search engine better understand the meaning of more conversational queries.
 

About The Author

voice-assistant-study-microsofts-cortana-offers-most-answers-google-assistant-proves-most-accurate.jpg
Greg Sterling is a Contributing Editor at Search Engine Land. He writes about the connections between digital and offline commerce. He previously held leadership roles at LSA, The Kelsey Group and TechTV. Follow him Twitter or find him on LinkedIn.

https://www.businesscreatorplus.com/voice-assistant-study-microsofts-cortana-offers-most-answers-google-assistant-proves-most-accurate/

Facebook Announces Program to Help News Sites via @martinibuster

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Facebook announced a new feature called Facebook News. Facebook News was created in partnership with the journalism industry. Given Facebook’s popularity, Facebook News may become a significant source of audience growth for publishers.

Facebook News Has Five Features

Facebook will make the news accessible via a News tab. Within this tab users will be able access news through four features and be able to personalize the news with a fifth Facebook News feature. One of the features is the “Today’s Stories” section that highlights the top stories of the day. Journalists didn’t trust Facebook’s algorithms to select the news of the day. So the top featured news will be manually curated by a dedicated team of journalists. Facebook will also make it easier for users who pay for subscriptions to be able to access their news straight from Facebook.

These are the five features:

Today’s Stories chosen by a team of journalists to catch you up on the news throughout the day Personalization based on the news you read, share and follow, so you can find new interests and topics and Facebook News is fresh and interesting every time you open it Topic sections to dive deeper into business, entertainment, health, science & tech, and sports Your Subscriptions a section for people who have linked their paid news subscriptions to their Facebook account Controls to hide articles, topics and publishers you don’t want to see “

What Kinds of News Publishers Will be Shown?

Facebook News has created four categories of publishers:
  1. General News
  2. Topical News
  3. Diverse News
  4. Local News
General News are publishers who address the wide range of news from sports, politics, etc. Topical News are publishers that are specific to a vertical. Users will have access to news verticals such as science, sports, entertainment and receive news specific to those verticals. Diverse (?) This category provides news along racial and ethnic divisions. Diversity means more than just ethnicity and skin color. Curiously, Facebook excludes LGBT news. Perhaps they are following Google’s lead in excluding sexual orientation but it seems odd to exclude what is generally estimated to be 4.5% of the population and higher. Not only does Facebook exclude LGBT news, Facebook has come under fire for including Breitbart, an organization tat is reported by The Guardian to promote “extreme rightwing narratives and conspiracy theories.

Which Publishers are Eligible for Facebook News

Facebook has guidelines for inclusion https://www.facebook.com/help/publisher/270254993785210 In addition to these guidelines Facebook requires publishers to not violate community standards like clickbait, scraped content and misinformation. Local News on Facebook Facebook will begin with a test group of local news providers in ten areas. The initial ten cities included in Facebook Local News are:
  1. New York
  2. Los Angeles
  3. Chicago
  4. Dallas-Fort Worth
  5. Philadelphia
  6. Houston
  7. Washington DC
  8. Miami
  9. Atlanta
  10. Boston
Facebook local news will eventually expand to over 6,000 cities U.S. towns and cities.

Takeaway

Facebook News represents an opportunity to grow their audience from a brand new source. It allows news organizations to obtain subscribers and maintain that subscription model on Facebook.  Facebook News, developed in consultation with the news industry, appears to be a balanced approach between the needs of journalism and those who wish to read news. Read announcement here https://newsroom.fb.com/news/2019/10/introducing-facebook-news/ Learn how Facebook News will work: https://www.facebook.com/news/howitworks News Page registration overview: https://www.facebook.com/help/publisher/377680816096171 Register your news site with Facebook News https://www.facebook.com/help/publisher/316333835842972

https://www.businesscreatorplus.com/facebook-announces-program-to-help-news-sites-via-martinibuster/

Friday, October 25, 2019

Afternoon Briefs: NYC bar calls for Barr’s Ukraine recusal; law school renamed after donor

News Roundup
afternoon-briefs-nyc-bar-calls-for-barrs-ukraine-recusal-law-school-renamed-after-donor.jpgU.S. Attorney General William Barr. Photo from the U.S. Department of Justice.
U.S. attorney general should recuse himself in Ukraine matters, bar group says The New York City Bar Association is calling on Attorney General William Barr to recuse himself from any Justice Department review of Ukraine-related issues in which he was allegedly involved. If Barr refuses to recuse in the future, the bar said in a statement, “he should resign or, failing that, be subject to sanctions, including possible removal, by Congress.” The bar group says recusal is warranted because of the July phone call in which President Donald Trump said he would ask Barr to call the Ukrainian president in connection with Trump’s request that the country investigate Joe Biden and his son. The Justice Department has said Trump did not speak with him about Biden and Ukraine, and he didn’t communicate with Ukraine on any matter. (New York City Bar statement, the New York Law Journal) Jurors acquit defendant who admitted punching his lawyer Jurors in Cleveland have acquitted a defendant who admitted punching his lawyer during a February court hearing because he was upset over his 47-year sentence. David Chislton was acquitted on a charge of felonious assault after his lawyer argued the lawyer’s injuries didn’t rise to the level of serious physical harm that supported a felonious assault charge. “David Chislton doesn’t pack much of a punch,” his lawyer told jurors. The injured lawyer, Aaron Brockler, suffered two hairline fractures to his nose and a sprained knee ligament. The attack was captured on a deputy’s body cam. (Cleveland.com) Pepperdine renames law school after $50M gift Pepperdine University is renaming its law school after receiving a $50 million gift from Los Angeles developer Rick Caruso and his wife, Tina. Rick Caruso will also partner with the school to raise an additional $50 million. The money will be used to fund student scholarships, expand a loan-forgiveness program and strengthen academic programs. The school will now be called the Rick J. Caruso School of Law. The donation appears to be among the five largest law school gifts in history. (Pepperdine press release, the Recorder)

https://www.forlawfirmsonly.com/afternoon-briefs-nyc-bar-calls-for-barrs-ukraine-recusal-law-school-renamed-after-donor/

Thursday, October 24, 2019

Justice Ginsburg wins $1M prize for ideas that ‘have profoundly shaped human self-understanding’

Judiciary
justice-ginsburg-wins-1m-prize-for-ideas-that-have-profoundly-shaped-human-self-understanding.jpgU.S. Supreme Court Justice Ruth Bader Ginsburg. Photo by Kathy Anderson/ABA Journal.
U.S. Supreme Court Justice Ruth Bader Ginsburg has been awarded a $1 million prize for her work pioneering gender equality and strengthening the rule of law. Ginsburg will receive the 2019 Berggruen Prize for Philosophy & Culture, according to an Oct. 23 press release, the New York Times and the Washington Post. The annual award honors a person “whose ideas have profoundly shaped human self-understanding and advancement.” Ginsburg will donate the prize money to charity. Ginsburg was selected from more than 500 nominees and five finalists. The Berggruen Institute, which was founded by billionaire philanthropist Nicolas Berggruen, has awarded the prize since 2016.

https://www.forlawfirmsonly.com/justice-ginsburg-wins-1m-prize-for-ideas-that-have-profoundly-shaped-human-self-understanding/

Wednesday, October 23, 2019

Motion accuses judge of ‘partisan glee’ after $8B Risperdal verdict

Judiciary
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A Philadelphia judge is accused of showing “partisan glee” after jurors awarded $8 billion in punitive damages in a case brought by a man who contended his childhood use of the drug Risperdal had caused him to grow breasts. A recusal motion claims Judge Kenneth Powell of Philadelphia high-fived some of the jurors after the verdict and posed with jurors for photos taken by the plaintiff’s counsel, Law360 reports. “The message was clear: The jury had received and acted on the pro-plaintiff message that the judge had sent,” the recusal motion said. The recusal motion was filed by the lawsuit defendants, Johnson & Johnson and its subsidiary Janssen Pharmaceuticals. The companies have filed a separate post-trial motion that seeks judgment notwithstanding the verdict, or a reduction in the award, or a new punitive damages trial. The companies contend Powell should recuse himself from ruling on the post-trial motion, and should not preside if a new trial is ordered. The plaintiff in the lawsuit, Maryland resident Nicholas Murray, began taking Risperdal at age 9 to help treat symptoms of autism. The companies claim the punitives trial should have been confined to evidence that Murray’s physicians were not adequately warned of the risks. Instead, the plaintiff relied on evidence that was unconnected to that claim, the motion says. “The end result of the court’s rulings was a one-sided presentation of the evidence, which culminated in the court specifically instructing the that the only issue was whether the defendants were liable for punitive damages for any conduct whatsoever that the jury found was objectionable,” the defendants wrote in their motion for post-trial relief.

https://www.forlawfirmsonly.com/motion-accuses-judge-of-partisan-glee-after-8b-risperdal-verdict/