When & How to Use Various Resources Online research best practices Research in the Real World 2010 May 18, 2010 1

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When & How to Use Various Resources

Online researchbest practices

Research in the Real World 2010May 18, 2010

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Online research best practices

Know what is availableKnow what resources are available to you.

Get familiar with those resources.

Don’t discount print.

Organize set of links to known resources.

Remember, it’s the source that matters.

Keep a research log of all sources plus online research platforms you used.

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Primary Law

Secondary Law

Citators & other tools

Public Records

News Your draft

Source types & tools

Focus on the Sources

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Primary Law

Secondary Law


Public Records

News Your draft

Source types & tools – focus on: secondary sources

Legal treatisesCover specialized legal topics; provide

explanation and analysis; include references to primary law authority (cases, codes, regulations)

Legal EncyclopediasCover a wide range of topics; examples: AmJur,

CalJur, ALR, CJS

Law ReviewsScholarly but can have practical application

Other Current AwarenessSpecialized newsletters covering major litigation,

legislative and regulatory developments.

Continuing Legal EducationSeminar materials and other publications

“Secondary Sources”

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Secondary Sources as an integral part of research

When unfamiliar with an area of law.

When looking for primary persuasive authority.

When researching a case of first impression where little law is available – looking for commentary.

When initial search of primary resources yields little or no authority or too much authority.

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When given a case as a starting pointExercise

Your firm is following the UMG v. Augusto case because of a similar case file they are handling.

You have been asked to give a status report on this case as well as others that might impact the issue of whether a copyright holder has the right to control the further purchase and sale of a particular genuine authorized copy after they have already chosen to send it out into the stream of commerce

You have a case name, but not a case citation. You have also been told that this case is receiving a lot of attention.

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Where to start – when you have a caseEmphasis on: Secondary Sources

What specialized copyright or intellectual property materials and databases are available to you?

1. Because the case is new and receiving lots of attention, try a specialized newsletter first. For example: BNA’s Patent Trademark & Copyright Journal (“PTCJ”) is a weekly publication designed to keep intellectual property attorneys informed on influential cases and other developments.

2. If citation found, use a citator like Shepard’s (Lexis) or Keycite (Westlaw) to discover additional secondary materials providing you with analysis and commentary. If no citation found, perform a case name search on Lexis or Westlaw, make a note of the citation, read the case and Shepardize/Keycite.

3. Get a closer look at this case via PACER – a public records database for federal court cases providing the case docket, case status and full-text filings.

4. Look for articles in other general news databases – expand search beyond traditional legal databases.

5. Use any other specialized resources, such as treatises on copyright law, available to you. Remember, the most appropriate and cost effective sources may not always be available to you on Lexis/Westlaw. Go beyond Lexis & Westlaw.

Next, we’ll take a look at examples for each source type.

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Again, know your sources: for example, let’s say your firm subscribes to BNA online products focusing on intellectual property – one of which is a weekly newsletter called BNA’s Patent, Trademark & Copyright Journal.

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Two articles are retrieved from the search; let’s look at the most recent article: see next slide.

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We have a citation! Next, let’s use a citator like Shepard’s (Lexis) or Keycite (Westlaw). The article also reveals how this issue is evolving and how it appears to be in a state of uncertainty in the appellate courts. Finally, the article also provides similar cases you can explore further – which is part of your assignment. With this article you have accomplished three things (at least): (1) complete case citation (very useful); (2) more about the significance of this case; and (3) more about other cases dealing with similar issues.

Excerpt from article retrieved: BNA’s Patent Trademark & Copyright Law Journal

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Primary Law Secondary Law


Public Records

News Your draft


Shepard’s & KeyciteReports providing: (1) direct history for your case,

(2) citations for other cases citing your case, (3) briefs, (4) dockets and (5) secondary materials citing

your case in an analysis or commentary.

“Citators”

“Other tools”Automated analysis & reporting Used to generate profiles that analyze activity by

judges, attorneys and expert witnesses – mostly for federal cases but state court information is also

available. Some verdicts and settlement databases may fall in this category and can be used to determine the amount for damages for specific types of injuries. For

business attorneys, tools might include knowledge management software (by Lexis/Westlaw) to retrieve

contract clauses for different types of transactions.

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Note: Westlaw has no subsequent history for this case – more on this later.

Click on “citing references” from Keycite display to view secondary materials.

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Citators, like Keycite and Shepard’s, also provide secondary sources citing your case.

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Has the case been appealed? What happened to it? On an earlier slide, Westlaw’s Keycite seemed to indicate there was no subsequent history. Let’s make sure by using a difference source type.


Your research so far…Exercise

You have been asked to give a status report on this case as well as others that might impact the issue of whether a copyright holder has the right to control the further purchase and sale of a particular genuine authorized copy after they have already chosen to send it out into the stream of commerce

Your firm is following the UMG v. Augusto case because of a similar case file they are handling.

You know:

(1) a little bit more about the case, (2) similar cases and, (3) from reading secondary materials, you know a little bit more about the legal issues involved

But, what about the status of the Augusto case?

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Public Records

News Your draft


Court records Include: dockets that list case start-to-finish activity, documents filed arranged chronologically, names of

attorneys representing parties, judge’s name and most recently, full-text access to pleadings (complaint,

answer, cross-complaint, motions, other documents)

People LocatorsFor example: used to locate addresses for service of

process or other notifications.

Real Property & AssetsFor example: used to locate addresses for service of process or other notifications. Also, to determine

assets owned by litigants.

Business & Corporation RecordsCan be used to located registered agent for service of process; determine active/inactive status of business.

“Public Records”

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Researching Case StatusFederal cases:PACER - “Public Access to Court Electronic Records”

Federal & State Courts (not all state courts):

Courtlink (Lexis)CourtExpress (Westlaw)

California: http://www.courtinfo.ca.gov/

Ninth Circuit: http://www.ca9.uscourts.gov/

Next, we will use PACER for this example – see next slide.

You may also find case status information in specialized secondary sources that are supplemented by weekly news reports or general news databases (if the case is being followed by the press or is receiving national attention).

http://www.courtinfo.ca.gov/

http://www.ca9.uscourts.gov/

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About PACER

• A listing of all parties and participants including judges, attorneys, and trustees.

• A compilation of case related information such as cause of action, nature of suit, and dollar demand.

• A chronology of case events entered in the record.

• Appellate court opinions.

• Judgments or case status.

• Types of documents filed for certain cases.

• Imaged copies of documents.

PACER is a service of the United States Judiciary. The PACER Service Center is run by the Administrative Office of the United States Courts. Source: http://pacer.psc.uscourts.gov/pacerdesc.html

Electronic access to case dockets, retrieve information such as:

$.08 per page charge. The charge for any single document is capped at $2.40, the equivalent of 30 pages.

http://pacer.psc.uscourts.gov/documents/natsuit.pdf

http://pacer.psc.uscourts.gov/pacerdesc.html

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For our example, we’ll start with the Civil court type.

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Where did I find the case number? Keep research log!

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Remember our BNA PTCJ search earlier? The other article provided a case/docket number. There was another place with the case number? Do you know where?

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Online research best practices PACER docket: UMG v. Augusto

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The District court case docket provided the Appellate Court docket number. Let’s take a look at the documents filed in the Appellate Case and see if we can decipher any further status.

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Online research best practicesFor your status report: Appealed to 9th Circuit; oral argument set for: June 7th. Hyperlinks are to full-text of briefs and other documents filed.

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Online research best practicesIf you are working for a firm this summer with access to PACER, keep in mind that PACER is transitioning to a new interface. The U.S. Party Case Index will now be called the PACER Case Locator:

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Public Records

News Your draft


General NewsComprehensive news databases often include well-known major newspapers (New York Times, Wall Street Journal,

Washington Post) as well as smaller regional newspapers. If your issue is “local”, be sure to check regional news sources.

Legal NewsPublications written for the legal profession; examples:

American Lawyer, National Law Journal and Daily Journal (SF). Good for current events, major cases and any issues

affecting the practice of law (also, job postings).

MagazinesWhen you need an article written for a wider audience, or if

photos and illustrations are needed to illustrate a point.

Wire ServicesWhen it is critical to know when information became public.

Blogs

“News”

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Example: News database types on LexisNexis

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Example: Lexis news database search result – includes Blog posts.

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Public Records

News Your draft

Source types & tools – focus on: secondary sources Legal treatises

specialized legal topics providing explanation and analysis and include references to primary law

authority (cases, codes, regulations)

Legal EncyclopediasCover a wide range of topics; examples: AmJur,

CalJur, ALR, CJS

Legal Bar Journals & MagazinesIntended audience are practicing attorneys

Law ReviewsScholarly but can have practical application

Other Current AwarenessSpecialized newsletters covering major litigation,

legislative and regulatory developments.

Continuing Legal EducationSeminar materials and other publications

“Secondary Sources”

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Remember the BNA PTCJ search earlier? The article also provided a U.S. Code citation.Again, keep a research log!

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Online research best practicesAre any other specialized online databases available?

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In the example above: CCH Intelliconnect platformLooking at the Table of Statutes in Goldstein on Copyright for commentary on 17 US 109(a)

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In the example above: CCH Intelliconnect platformLooking at: chapter on First Sale Doctrine from Goldstein on Copyright

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Secondary resources in action – from a brief filed in this case:

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Many of you probably thought about using Google: 54,700 hits – how much time do you have? Ask yourself, is there a better way? Again, what sources are available to you in ALL FORMATS!!!

….might work, but may also take up a lot of your time. A web site by a professional group (i.e. bar association section on

intellectual property law) or a well-known and highly regarded blog might be helpful but won’t provide the in-depth analysis you

will find in treatises and other secondary sources – whether in online format or print. Learn to use both well!!!

On the road not taken…..and why.

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• Simple keyword searching; how to find databases; Googling

• What are the best sources to use; how to use them; how are the sources designed to maximize legal research

• How much does it cost to search the databases and what is the most cost effective way to search?

• Field/segment searching; limiting search results; search connectors and order of operators, nesting.

Basic searching

Effective use of

sources

Cost Concerns

Advanced Searching

This session focused on sources. Effective online research will involve a

balancing of several skills:

Thank you.

Documents

When & How to Use Various Resources Online research best practices Research in the Real World 2010 May 18, 2010 1