In both the real world, and on Marvel Comic’s Earth 616, Intellectual Property Law can be a super weapon to inflict serious pain upon your enemies. On the latest episode of The SuperHuman Law Division Podcast, we look at the legal issues raised when She-Hulk loses the rights to call herself She-Hulk after Titania stakes her claim to that trademarked term.
New Logo… and a Shoutout to our Friends at Law360’s Pro Say Podcast!
We are excited to roll out our new logo for the SuperHuman Law Division Podcast. Thanks to ChangoATX for the great artwork! We love it!!
Also, our friend Amber McKinney had her Law360 Podcast, Pro Say, mentioned in this episode. We’re hoping to get Amber on the show later to do a recap on what she thinks of the show. Congrats Amber!!
Is First to File Really a Thing in Trademark Law?
Jennifer receives a lot of mansplaining on trademark law and who gets to claim ownership of the name She-Hulk. But, is that really how it works?
Lawyers and Firms Should Not Represent Themselves!!
“A person who represents themselves has a fool for a client.” That rule applies in this episode not only to Jennifer, but to the law firm of GLK/H as well. There is a huge conflict of interest in what GLK/H wants with the She-Hulk name versus what Jennifer Walters wants with the name.
Can a Tailor of SuperHuman Clothes be Liable?
We meet Luke, the tailor for superpowered individuals. What are the legal implications of making designer clothes for superheroes, supervillains, and vigilantes?

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Stay Super Everybody!!
Transcript

Continue Reading A True Supervillain Uses IP Law to Attack Their Enemies (SHLD Ep. 5)

Four speakers and a moderator were presenting at a conference. 
That sounds like the beginning of a joke, but according to the 2022 ILTACon Conference Co-Chair, Martha Breil, that type of conference presentation just won’t draw in the next generation of conference attendees. Workshops, hands-on experiences, and interactive presentations are needed for conferences to stay relevant as we emerge from the two and a half years of lost conferences due to COVID. 
While ILTACon made an appearance in 2021, it was this year’s conference which was extremely successful. With nearly 3,000 attendees, the conference held at the National Harbor, MD, was completely sold out (thanks to those pesky fire codes!) Breil was very happy with how she and the team of ILTA staffers and volunteers pulled together the 2022 ILTACon and shares with us some of the experiences and comments from the event. 
Legal Conferences are a collaboration of Association leaders, members, volunteers, as well as partnerships with vendors and sponsors. As more and more conferences take place over the next few years, there will be different expectations from all of those different groups on how to attract attendees, volunteers, and sponsors. Once the honeymoon of 2022 is over, those expectations will need to be met to continue making conferences, and the money they bring in to organizations like ILTA, a success.

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LVNx Crystal Ball Answer
Speaking of conferences, Greg just returned from the Legal Value Network eXperience in Chicago with a fresh batch of answers to our Crystal Ball Question. First up is Kate Boyd, COO at Sente Advisors on the new generation of professionals and the diversity of experiences and knowledge they are bringing to the legal industry.
Contact Us:
Twitter: @gebauerm or @glambert (We have stickers… tweet Greg for more info!)
Voicemail: 713-487-7821 (note the NEW NUMBER!)
Email: geekinreviewpodcast@gmail.com
Music: Jerry David DeCicca
Transcript

Continue Reading What Does a Post-Pandemic Conference Look Like? Martha Breil on ILTACon (TGIR Ep.175)

This week we have Debbie Reynolds, “The Data Diva,” join us to discuss the current state of data regulations, privacy, access, and what’s on the horizon for data in the legal industry. Debbie is a 2022 ABA Women in Legal Tech Honoree and the host of The Data Diva Talks Privacy Podcast.
According to Debbie, there is exponential growth going on in technology and the types of data that is being captured. At the same time, governments across the globe are trying to find ways of regulating how businesses and organizations can capture and use data they gather from individuals. These two event are not coordinated so it has created a “Wild West” situation where the law is trying to catch up to the realities of data gathering in the business world.
Training on data security is also lagging behind what is really needed today. Most training on data security is framed around the idea that “data security is everyone’s responsibility.” Reynold’s response to that is unless you are more specific about what it is you need people to do in regards to data security, then it turns out that “everyone’s responsibility is actually no one’s responsibility.”
As technology advances beyond encryption, satellite integration, IoT devices, and morphs into the Metaverse, the types of data produced and gathered is going to completely overwhelm any government’s ability to regulate it. The Data Diva thinks that if we don’t start creating more transparency when it comes to individual’s data privacy, it’s just going to get more and more complicated than it is right now.

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AALL Crystal Ball Answer
Wolters Kluwer’s Anand Daga is our last AALL Crystal Ball response. His view of how the legal information industry will change in the next two to five years revolves around how the information is delivered to the end users. He sees things in much smaller chunks of information delivered to the researchers in shorter, practical methods in ways that value the practitioner’s time.
At Legal Value Network eXperience

Greg is going to LVNx this week and will have The Geek in Review stickers to hand out. So if you’re in Chicago at LVNx, be on the lookout and prepared to answer our Crystal Ball Question!

Contact Us:
Twitter: @gebauerm or @glambert
Voicemail: 713-487-7821‬
Email: geekinreviewpodcast@gmail.com
Music: Jerry David DeCicca
Transcript

Continue Reading The Data Diva and Two Geeks Talk Data Privacy – Debbie Reynolds (TGIR Ep. 174)

There are lots of legal issues covered in She-Hulk: Attorney at Law Ep. 4, but almost all of that coverage missed the mark this week. Still, we dive into the legal issues ranging from False Imprisonment and Theft, all the way to Tax and Insurance law. There’s a lot to unpack in “Is this not Magic.”
Can you get an injunction against magic?
Donny Blaze and his hype-man, Cornelius, are presenting magic shows using the mystic arts that Donny learned in his one week at Kamar Taj. Wong is not happy about it and hires She-Hulk to stop him using the courts. (Although, the shadow dimension was offered up by Wong as an extrajudicial alternative.)
Madisynn/Wongers/Titania
We were just as happy as the rest of the MCU watchers on the Madisynn/Wongers BFF coverage and we’re excited to see the potential for the “Big Bad” on the show, Titania, using Intellectual Property Law to strike at the heart (and name) of She-Hulk.

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Don’t threaten your opponents with demons
While Jennifer Walters seems to be coming into her own in her role as She-Hulk, Attorney at Law, we did notice that she may be too eager to use her SuperHuman status to threaten legal opponents. We hope that Jen will rely more on the legal system, and not hold demons over other legal parties to get them to sign settlement agreements.
GLK/H Technology – Heavy use of MS Office
At the encouragement of our friend Sarah Glassmeyer, we look into the type of technology at GLK/H. So far, it looks like they are a “Windows Shop” with Microsoft Windows and MS Office. We do get a look at Jennifer’s “To Do List.” How would you like to be a Summer Associate in the SuperHuman Law Division of GLK/H?? Apparently, Jen will be interviewing law students for those positions. Along with her other 91 tasks on that to do list.
Everyone would be disbarred in this show
All in all, this was a fun episode, but we go through a list of legal practice issues that just wouldn’t fly in the real world. But then, that’s why this is the MCU/Disney+, and not the real world.
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Contact us at @glambert, @JoshuaLenon, or @SuperHumanPod and let us know what you think!
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Stay Super Everybody!!
Transcript

Continue Reading Case Closed! #Madisynn #Wongers (SHLD Ep. 4)

This week’s guest, HBR Consulting‘s Axelle Flemming, stresses that “Intentional Leadership” creates leaders who “own their purpose.” And a purpose is separate from a business “goal.” Axelle’s experience showed her that when a leader truly knew what their purpose was, the purpose they were trying to achieve, they went to that level of execution. In addition to being an Intentional Leader, that must be balanced with the wellness of the organization and its people. In today’s work environment, we are in 24/7 fight or flight mode and intentional leaders understands that challenge. Leaders also see beyond their own goals and purpose and see other people’s goals and purpose as well.
On Thursday, September 15th, Axelle Flemming is presenting a Keynote presentation at HBR’s Legal Information + Knowledge Services (LINKS) Conference, on this very issue. She “sprinkles” in some of the spice of her talk her on the podcast, but will bring the “secret sauce” to the LINKS Conference.
Marlene Gebauer and Greg Lambert, along with John DiGilio will wrap up the conference through a discussion of Axelle Flemming’s and the other presentations of the day.
Registration for the LINKS event is open all the way through the day of the conference.

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AALL Crystal Ball Answer
Our good friend, Mark Gediman of Alston & Bird, answers our Crystal Ball question by predicting how Law Schools and Law Firms will collaborate on business and competitive intelligence processes to help law students better prepare for the practice of law once they enter the profession.
Links Discussed:
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Voicemail: 713-487-7821‬
Email: geekinreviewpodcast@gmail.com
Music: Jerry David DeCicca
Transcript:

Continue Reading Intentional Leadership is about Owning Your Purpose – HBR’s Axelle Flemming (TGIR Ep. 173)

When it comes to the future of legal innovation, Olga Mack of Parley Pro at LexisNexis says that as the legal industry becomes more focused on being a ‘service’, legal technology will just become part of the overall design of products and services. It will not stand alone as a separate process, but rather legal innovation will be built into products such as HR tools that build in compliance processes, or financial tools build in legal components by design. Legal tech simply integrates into all technology processes.

Olga Mack is the CEO of Parley Pro and recently led the company through an acquisition with LexisNexis. Olga points out that while she was not a founder of Parley Pro, she took her role at leading the company of contract management and collaboration tools very seriously on how it handled its success during the pandemic. She points out that all startups go through a process of looking at its future and deciding do we go public, do we get acquired, or do we die and file for bankruptcy. Her previous relationship with LexisNexis helped her understand the value that Lexis’ content would bring to Parley Pro and she says the relationship is exactly what Parley Pro, and their customers needed.

Olga has a strong reputation within the legal community and she actually insists that she wakes up each day and works to live up to that reputation. It’s not a ‘brand’ that she presents to the world, but rather her authentic self as she presents at webinars, conferences, or even in TEDx speeches.

In both an upcoming (early 2023) release of her ABA book, Visual IQ for Lawyers, and a soon to be released third TEDx talk on the same subject, Olga’s current inspiration is the adding of visual aspects within documents and contracts. Companies such as Google and others are already using these visual processes in their contracts and it is a skill and concept that Olga thinks many lawyer currently lack. “I think visual intelligence is not something you’re born with. It’s like reading, writing and arguing. It’s something you learn, intentionally.” Olga Mack continues, “And this book is an attempt to, one, show the importance of visual intelligence in communications, and to give frameworks and basic concepts to allow legal professionals, not just lawyers, to understand, relate, interpret, communicate in an increasingly visual world.”

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Links Discussed:
AALL Crystal Ball Answer:

We keep it within the LexisNexis family this week with Loyd Auerbach answering our Crystal Ball Question on how the industry, and law librarians specifically are changing the traditional work model as we make remote and hybrid work a part of our daily work process.

Check out Greg’s Newest Podcast, The SuperHuman Law Division.

Contact Us:
Twitter: @gebauerm or @glambert
Voicemail: 713-487-7821‬
Email: geekinreviewpodcast@gmail.com
Music: Jerry David DeCicca
Transcript

Continue Reading The Future of Legal Innovation Will Be Built In By Design – Olga Mack (TGIR – Ep. 172)

When you sign a huge new client at your firm, what do you do to celebrate? If you are Jennifer Walters/She-Hulk, and you just signed Megan Thee Stallion… you dance!
How Do We Handle Parole Hearings for Supervillains?
Episode Three: The People vs. Emil Blonsky picks up where we left off with trying to understand how The Abomination managed to escape the most secure prison in the world, participate in an underground fight club with the Supreme Sorcerer, and then go back to this prison without anyone apparently noticing he’d been gone. The obvious answer is that it was “magic” or in this case, sorcery. Wong joins in on the fun as he explains to Jennifer that it was his actions that caused Blonsky to escape and that he’d testify to that at the parole hearing. (Nothing is simple in the MCU.)

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Can a SuperHuman/Other Worlder Defraud Someone?

Another case going on with the SuperHuman Law Division is Jen and Nikki’s old workmate Dennis Bukowski’s issue with being defrauded by a shapeshifting Light-Elf from New Asgard who pretended to be Megan Thee Stallion. Would a reasonable person believe that Dennis could pull Megan Thee Stallion?? Probably not. But, is Dennis a reasonable person? Probably not.

Office Space at GLK/H

We get a little more of a peek into Jen’s and Holden Holliway’s offices. This is a high-end, well crafted office space. How does it compare to actual law firm offices in 2022? Where are the paralegal offices? Where is the diversity of lawyers at GLK/H? Why does Holliway have a bar in his office and Jennifer does not? We address all of these important issues.

The Wrecking Crew is Out for Blood
Who is the next “Big Bad” for She-Hulk? The Leader? Kingpin?
She-Hulk Thee Rainmaker
Perhaps the most controversial scene in Episode Three was the twerking by She-Hulk and Megan Thee Stallion after she is signed on as GLK/H’s news high-profile client. While real-life Twitter may have been upset, Mr. Holliway was not. Would a Managing Partner have something to say to a rainmaker dancing with her client? We discuss this, as well as the misogyny seen in the show, and how that compares to law firm life for women in the legal industry.
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Contact us at @glambert, @JoshuaLenon, or @SuperHumanPod and let us know what you think!

Share this with friends, and don’t forget to subscribe on your favorite podcast platform.
Stay Super Everybody!!
Transcript

Continue Reading She-Hulk Thee Rainmaker (SHLD Ep. 3)

Episode 2 of She-Hulk: Attorney at Law is exactly the kind of show that we want to cover her on the SuperHuman Law Division Podcast! Jen Walters finds herself without a job after GLK/H got a mistrial ruling. (Joshua predicted a mistrial in Ep. 1.) After applying at numerous law firms and being less and less picky about where she lands a job, she heads back to the Legal Ease bar to drown her sorrows. And that’s where her former advisory Holden Holliway offers her a job. She can bring her paralegal Nikki with her, but the deal is that Holliway wants She-Hulk as the face of the SuperHuman Law Division, not Jennifer.

So we cover lots of BigLaw issues in this episode:

  • Six-Figure Student Loan Debts
  • Can Holliway demand Jen stay in She-Hulk form?
  • THAT LAW LIBRARY!!!
  • THE SIZE OF THAT OFFICE!!!
  • Maps to the best bathrooms for pooping.
  • Conflicts and Conflict Waivers
  • Parole Hearings
  • So.Much.More…

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We’d like to hear from our listeners on what issues you spotted, and what did we get wrong? Do you have a real-life SuperHuman Lawyer or Legal Professional that you’d like us to mention?

Contact us at @glambert, @JoshuaLenon, or @SuperHumanPod and let us know what you think!

Stay Super Everybody!!

Transcript:

Continue Reading The Best Place to Go, When You Have to Go (SHLD Ep.2)

How exactly would a world that contains people with super human powers maintain law and order over those individuals? More specifically, how could a law firm position its attorneys to represent those superhumans, and make some money off of them at the same time? These are some of the questions that Clio’s Lawyer in Residence, Joshua Lenon, and AmLaw 200 firm’s Chief Knowledge Services Officer, Greg Lambert prepare to answer. Starting off with Disney+/MCU’s newest show, She-Hulk: Attorney at Law.

The series is about how a top-tier Los Angeles law firm, GLK/H has created a new practice group called SuperHuman Law Division. This division is designed to represent those with superhuman abilities against the criminal and civil law suits that they face. Everyone deserves competent legal representation and GLK/H’s high-dollar attorneys plan to do just that.

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This podcast focuses on the legal issues we spot in the episodes. Some of them may be obvious, some may be ignored, but not by us. Whether it is simple assault, kidnapping, property damages, corporate espionage, or even murder, we’re here to call it out and discuss what the law should do about it.

We’ll also take our unique experiences in working in the legal industry to talk about the dynamics of what it takes to run a law firm with such specialized and unique clients.

So strap into your hoverjet and sit back as we launch the SuperHuman Law Division Podcast.

Follow on Twitter at @superhumanpod

Transcript

Greg Lambert  0:19

So imagine running a superhuman law division of a law firm. And that’s exactly what we’re going to do here. As we start going over the series, she hooked Attorney at Law now on Disney plus, first, let’s

Continue Reading SuperHuman Law Division Podcast with Joshua Lenon and Greg Lambert

For the first time ever, we have a guest co-host this week while Marlene wears her fancy sneakers around ILTACon seeking answers to our Crystal Ball question.
Katie Brown, Associate Dean for Information Resources at Charleston School of Law is on a mission to increase the teaching of practical technology skills to law students. In her view, law professors “are required to educate people so that they can go out into the practice and successfully do that. And so beyond just, rule 1.1 with legal technology and having that competency, for us as law schools, I think we have an ethical obligation to be teaching legal technology.” This approach needs to be embedded into the Law School’s culture, because it costs money, time, and effort to do correctly.
In upcoming research collected with University of Connecticut Law’s Jessica de Perio Wittman, Brown and de Perio Wittman calculated that on average, law students have less than 4 classes during their entire time in law school that have some aspect of teaching them the technology skills in that topic. Brown wants to see that number rise.
AALL Crystal Ball Answer

While in Denver at the AALL Conference, Katie not only answered our Crystal Ball question, she also persuaded Abby Dos Santos, Reference Librarian at Caplin & Drysdale, to sit down with her and have a conversation about the pipeline of technology teaching from law school to law firms. We cover both of those answers and then Katie turns the mic on Greg to ask what law students need to understand about court dockets before landing in law firms.

Special thanks to Katie Brown for stepping in and co-hosting this week!!

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Contact Us:
Twitter: @gebauerm or @glambert
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Email: geekinreviewpodcast@gmail.com
Music: Jerry David DeCicca
Transcript

 

Continue Reading Teaching (and Pressuring) Law Professors to Teach Technology – Katie Brown (TGIR Ep. 171)