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19 Bus. L. Today 6 (2009-2010)
Snap Judgments

handle is hein.journals/busiltom19 and id is 280 raw text is: judgments Jurors jump back ith continuing high unemployment and people focused on keeping their jobs, courts are run- ning into difficulties hold- ing onto jurors more than a day or two, reports an article in the Los Angeles Times. In an action being heard in the Los Angeles County Superior Court, one juror's outburst emboldened other jury members to express disdain for the case and raised con- cerns about their ability to be fair, leading both parties to let the judge decide the outcome. Jury consultants and courtroom administra- tors note that more hardship claims are being made by potential jurors, especially by those involved with long cases. According to court sta- tistics, more than a quarter of all qualified jurors were released on hardship grounds in 2009. The economic situ- ation has really put attor- neys and judges in an awk- ward position of having to say to someone who is the sole wage earner in a fam- ily or someone who is self- employed and doesn't get paid when they don't work that they have to serve, and we have more and more of those, said Jame E. Fraser, a psychologist and jury con- sultant. People on the edge tend to be more sympathetic with victims bringing suit, so excluding them from the jury on hardship grounds can dis- advantage plaintiffs, Fraser said. However, she noted, it's also risky to force people into jury service that will cut into their paychecks. A report card for E-Verify -Verify is failing to catch more than half the num- ber of unauthorized work- ers it checks, a research company has found, reports the Associated Press. The online tool is used volun- tarily by employers to help certify that employees are legally authorized to work in the United States by run- ning a worker's information against Homeland Security and Social Security data- bases. According to Westat, a research company that evaluated the system for Homeland Security, the pro- gram wrongly clears illegal workers about 54 percent of the time. The good news is that legal workers were cor- rectly identified 93 percent of the time. However, previ- ous studies have not quanti- fied how many immigrants were fooling the E-Verify system. Senator Charles E. Schumer of New York, who is writing the Democrats' immigration bill, said that E-Verify being inaccurate so often shows that it is an inadequate tool. This is a wake-up call to anyone who thinks E-Verify is an effective remedy to stop the hiring of illegal immigrants, Schumer said. (More information on this topic appears in The Administration's New Work Site Enforcement Initiatives: Focus on Employer Compliance Will Increase Audits and Investigations, by Elise Fialkowski, Business Law Today, January/February 2010, Volume 19, Number 3, Page 17.) Copy machine covertness awyers are familiar with uncovering e-mail and other electronically stored infonnation under e-discovery, but what about information from copy machines? An article in Out-of-the-Box Lawyering (a legal blog found at www. outoftheboxlawyering.com) notes that today's copy machines and printers have a hard drive similar to those found in PCs and laptops. These machines automatically store on their hard drive any docu- ment that has been printed or copied. The fact that sen- sitive data may be stored on the machine's hard drive presents a series of issues, including discovery matters, as well as security concerns that could result in a data breach. The blog states, MAY/JUNE 2010 8 BUSINESS LAW

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