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  • Joan Rivers Teaches Lesson About Termination Of Life Support

    The Probate Lawyer Blog: Famous Fortune Fights!
    Danielle & Andy
    10 Sep 2014 | 1:27 pm
    “I ain’t afraid of death.”  Joan Rivers once told Time Magazine, “I’m in show business.  I died a million times.”   Aging.  Dying.  Death.  Concepts no one likes to think about, much less talk about.  Of the many fatal tragedies the celebrity world has suffered lately — Lauren Bacall, Robin Williams, and Casey Kasem, to name a few — perhaps none shook people to the core as much as the passing of Joan Rivers. Even at 81 years old, her death seemed to take everyone off-guard. Except maybe Joan Rivers herself.  While on stage for the final time, she told the audience how…
  • Brett Trout Designated Des Moines Patent Law “Lawyer of the Year”

    Brett Trout
    9 Dec 2013 | 11:54 am
    Five Years Running For the fifth year in a row, Brett J. Trout has been selected by his peers for inclusion in the annual edition of The Best Lawyers in America®. For 2014, Mr. Trout has been selected for inclusion in the area of Patent Law (Tier 2). The Best Lawyers in America® publication is the oldest peer-reviewed publication in the legal profession. Since 1983, Best Lawyers® continues to be regarded, by both professionals and the public, as the definitive guide to legal excellence in the United States. Lawyer of the Year For 2014, The Best Lawyers in America® has also designated…
  • In Re Proper Courtroom Attire : Order Directing Proper Attire Be Worn by Todd A. Glickfield

    JD Supra Hot Docs - Newsworthy Legal Filings From the Source
    Ian Imrich
    12 Sep 2014 | 3:49 pm
    Case Name: In Re Proper Courtroom Attire Document Name: Order Directing Proper Attire Be Worn by Todd A. Glickfield Post Date: 09/12/2014 Filing Date: 08/26/2014 Document Summary: Per Judge Dean A. Young: "The Blackford Circuit Court considers socks to constitute a part of 'appropriate business attire' for male members of the bar presenting cases before the court," the order says.That rule, the judge explained in the order, is applied to all other attorneys who appear in Young's court and was approved by the Indiana Supreme Court in 2010.But a spokeswoman for the…
  • That Day When I Offended a Potential Client

    9 Sep 2014 | 11:49 am
    This is a tale of two conversations. Conversation 1 Me: Hello? Potential Client (PC): I just have a few questions… (A few questions ensue.) Me: (Answers questions. Somewhat. Well, not really. I didn’t give away the bank. I didn’t even reveal the cashier.) PC: Thanks. This has been really helpful. (Click) Three weeks pass… Conversation 2 Me: Hello? PC: Hi, this is (name) calling you back. Me: OK PC: We talked a few days ago. Me: (Flipping through call log.) Oh, you called me three weeks ago. You said (short summary of case). PC: Yes! That’s me! Me: What’s…
  • You MUST Understand E-Discovery. Can’t Dodge It Anymore.

    Solo Practice University®
    Susan Cartier Liebel
    11 Sep 2014 | 5:30 am
    California recently released an ethics opinion that addresses whether litigators have a duty to know how e-discovery works. Upshot: Yes.  It reads in part: Attorney competence related to litigation generally requires, at a minimum, a basic understanding of, and facility with, issues relating to e-discovery, i.e., the discovery of electronically stored information (“ESI”)… Such competency requirements may render an otherwise highly experienced attorney not competent to handle certain litigation matters involving ESI. Attorneys who handle litigation may not simply ignore the potential…
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  • Employee’s Snarky Facebook Post Lands Employer in Trouble Under the ADA

    Elijah Yip
    21 Aug 2014 | 2:09 pm
    In the last few years, we’ve seen how the private social media activity of employees can get employers in trouble for violating a variety of laws. The National Labor Relations Act. HIPAA. Title VII. Now you can add the Americans With Disabilities Act (ADA) to the list. In Shoun v. Best Formed Plastics, Inc., 2014 WL 2815483 (N.D. Ind. June 23, 2014), a federal judge held that an employer may be liable under the ADA for an employee’s Facebook comments about the medical condition of a co-worker. George Shoun, an employee at Best Formed Plastics, sustained a workplace injury and took leave…
  • Section 230 of the CDA: An Employer’s New Friend?

    Elijah Yip
    19 May 2014 | 9:39 pm
    Employees can get carried away on social media. US Airways learned this the hard way when its employee responded to a customer complaint on Twitter with an obscene picture of a woman and a toy jet. An apology and deletion of the tweet followed an hour later (an eternity in cyberspace). US Airways claims its employee made an “honest mistake,” and the incident has not spawned a lawsuit, but one can imagine situations in which the malicious online statements of an employee land the employer in legal trouble. So what’s an employer to do? Thankfully, employers can find some solace in Section…
  • Oh Snap! Lessons From the Snapchat Settlement With the FTC

    Elijah Yip
    8 May 2014 | 4:19 pm
    The Federal Trade Commission (FTC) just announced that Snapchat agreed to settle charges that it deceived consumers about how its popular mobile message app worked and what personal user data it collected.  (Read the FTC’s press release here). Part of Snapchat’s appeal was a feature enabling users to control how long a message could be seen by the recipient. After the designated time limit expires, the message is destroyed, much like the mission briefings in Mission Impossible. At least that’s what Snapchat told users. According to the FTC, Snapchat misled consumers because the app…
  • NLRB Strikes Down Selective Enforcement of Work Email Policy

    Elijah Yip
    21 Apr 2014 | 4:20 pm
    Birth announcements. Girl Scout cookies fundraisers. Leftovers in the company lounge. We’ve all probably received an email at work on these or similar subjects. It’s uncommon for an employee be disciplined for sending an email of such nature. But would that limit a company’s ability to act when employees circulate emails on more controversial topics? This question was raised in a recent National Labor Relations Board (NLRB) decision involving the Jet Propulsion Laboratory (JPL) affiliated with NASA.  In re California Inst. of Tech. Jet Propulsion Lab, 360 NLRB 63 (Mar. 12, 2014). Based…
  • Hawaii Judiciary Proposes to Address E-Discovery With Rule Amendments

    Elijah Yip
    11 Apr 2014 | 3:45 pm
    The Hawaii Judiciary is proposing amendments to the Hawaii Rules of Civil Procedure (HRCP) to address e-discovery issues.  The deadline for submitting comments is April 17, 2014.  The proposed amendments are available here. Some of the more notable changes being proposed are: The addition of references to “electronically stored information” (ESI) to Rule 26 (general discovery provisions), Rule 30 (depositions), Rule 33 (interrogatories), Rule 34 (document requests), Rule 37 (discovery sanctions and motions to compel), and Rule 45 (subpoenas) Amended Rule 26 expressly permits…
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  • Feds to Arpaio: give back that Pentagon gear

    Walter Olson
    16 Sep 2014 | 2:32 am
    Maricopa County (Phoenix) Sheriff and longtime Overlawyered mentionee Joe Arpaio did not keep close track of the military-grade gear the Pentagon gave him — in fact, his office seems to have lost some of it — and now the feds are lowering the boom: “Because of the agency’s continued failure to locate nine missing weapons issued by the Pentagon’s 1033 program, the Sheriff’s Office was terminated from the military-­surplus program, effective immediately. The agency is required to return its cache of issued firearms, helicopters and other gear within 120…
  • “Did California just make it illegal for businesses to stop dealing with customers who insult them?”

    Walter Olson
    15 Sep 2014 | 9:15 pm
    An outcry has lately arisen over consumer contracts that purport to ban disparagement of the company that proffered the contract or its products, especially since a few such companies, seeking to silence customers vocally dissatisfied with products or services, have proceeded to sue them, threaten them with suit, or report them as credit risks. Although it is doubtful that existing law in fact permits practices of this sort, California proceeded to pass a new law protecting consumers from retaliation by companies they criticize — a law that appears to go much farther than just banning…
  • September 16 roundup

    Walter Olson
    15 Sep 2014 | 9:05 pm
    “When I asked them why they decided to sell their [toy import] business, they said that they got out because of Proposition 65 and the CPSIA.” [Nancy Nord] State tax regimes are getting more aggressive about grabbing money earned in other states [Steve Malanga, City Journal] “Still can’t get over the fact that all [development] permits are discretionary in San Francisco” [@TonyBiasotti linking Mark Hogan, Boom] How would American politics change if political parties could expel members, as in many countries they can? [Bryan Caplan] Defenders of Wisconsin John Doe…
  • “Philadelphia is really the Ground Zero for forfeiture abuse”

    Walter Olson
    15 Sep 2014 | 3:08 am
    “The City of Brotherly Love can’t get enough of its citizens’ property and cash. The city is in a class by itself in the world of civil asset forfeiture, says Institute for Justice attorney Darpana Sheth” in this Cato podcast with interviewer Caleb Brown. More on IJ’s suit challenging Philadelphia’s forfeiture practices: Philadelphia Inquirer, Nick Sibilla/Forbes, Dave Weigel/Slate, and Scott Shackford/Reason. And by way of balance on the Philadelphia story: one who defends forfeiture law as “good law” that “works” is “CNN legal…
  • “Law firm mistakenly identifies dead smokers as alive in 588 suits”

    Walter Olson
    15 Sep 2014 | 2:57 am
    Details, always those pesky details: “A federal appeals court has upheld the dismissal of 750 tobacco suits, citing this major problem: The Florida law firm that brought the cases had mistakenly identified 588 dead smokers as still being alive.” [ABA Journal] Tweet Tags: don't, Florida, tobacco “Law firm mistakenly identifies dead smokers as alive in 588 suits” is a post from Overlawyered - Chronicling the high cost of our legal system
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    Solo Practice University®

  • Avoiding Common Conflict of Interest Traps

    Mark Bassingthwaighte
    16 Sep 2014 | 5:30 am
    Over the years I have tried to encourage solo and small firm lawyers to develop and consistently use a conflict system that tracks all of the information best practices currently dictate. In all honesty, I will admit that I have had limited success in this endeavor. I’ve concluded that I’m just not going to win this one and that’s ok. This doesn’t mean I won’t keep trying; but it does mean I’ve got to accept the reality of the situation because, truth be told, conflict missteps in the solo and small firm arena are not typically a “whoops, we missed that name” kind of thing.
  • Faculty Announcement – Shauna Itri

    Susan Cartier Liebel
    15 Sep 2014 | 5:30 am
    Shauna Itri is an attorney at Berger & Montague, P.C. in Philadelphia. She will teach a course called “Introduction to Whistleblower Acts”. Shauna concentrates her practice on complex litigation and has substantial experience representing whistleblowers in cases involving fraud against the United States government and those involving claims brought under whistleblower reward programs with the U.S. Securities and Exchange Commission and the Internal Revenue Service, including Foreign Corrupt Practices Act violations. Shauna has successfully represented whistleblowers in qui tam…
  • You MUST Understand E-Discovery. Can’t Dodge It Anymore.

    Susan Cartier Liebel
    11 Sep 2014 | 5:30 am
    California recently released an ethics opinion that addresses whether litigators have a duty to know how e-discovery works. Upshot: Yes.  It reads in part: Attorney competence related to litigation generally requires, at a minimum, a basic understanding of, and facility with, issues relating to e-discovery, i.e., the discovery of electronically stored information (“ESI”)… Such competency requirements may render an otherwise highly experienced attorney not competent to handle certain litigation matters involving ESI. Attorneys who handle litigation may not simply ignore the potential…
  • LinkedIn for Lawyers – Some Ethical Considerations

    Eva Hibnick
    9 Sep 2014 | 5:30 am
    LinkedIn is quickly becoming a source of referrals and client acquisition for lawyers.  However, as a lawyer, the rules of the game are a little different. Here are a few things to consider: Headline Marketing Tip (and to keep you our of hot water). Many lawyers put “Partner of XYZ Law Firm” in their headline. However, the best approach is to put your practice area and geographic location in your headline “i.e. Bankruptcy Attorney Pasadena California.” By using this approach, both consumers and businesses will be able to find you on LinkedIn and on Google when they search for…
  • Work/Life Balance or ‘Just Life’? Guest Lecture with Jared Correia

    Susan Cartier Liebel
    8 Sep 2014 | 5:15 am
    Today Jared and I discuss the elusive work/life balance equation.  We differ and yet we agree on how solos and small firm practitioners are adapting to the changes in practice, and how to manage time.  And it is both managing time and remaining focused on what you are doing in the moment, not multitasking.  Join our conversation and share you thoughts in the comments. Jared receives countless questions from new solo lawyers and solos who have been in practice for decades but need advice on law practice management. We like to ask Jared what’s on lawyers’ minds as we have several…
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  • Who Owns the Copyright on a Photograph Taken by a Monkey?

    Brett Trout
    22 Aug 2014 | 11:28 am
    The Case of the Monkey Photographer Back in 2011, photographer David Slater found himself in a national park in North Sulawesi, Indonesia, taking pictures of critically endangered crested black macaque monkeys. After taking some pictures of the monkeys, Slater set his camera down, where one of the monkeys picked it up. The monkey then began taking hundreds of pictures. Although most of the pictures were out of focus, a few turned out to be quite impressive, like the selfie you see to your right. The Caters News Agency claimed copyright in the photos, but critics questioned how anyone could…
  • Brett Trout Designated Des Moines Patent Law “Lawyer of the Year”

    Brett Trout
    9 Dec 2013 | 11:54 am
    Five Years Running For the fifth year in a row, Brett J. Trout has been selected by his peers for inclusion in the annual edition of The Best Lawyers in America®. For 2014, Mr. Trout has been selected for inclusion in the area of Patent Law (Tier 2). The Best Lawyers in America® publication is the oldest peer-reviewed publication in the legal profession. Since 1983, Best Lawyers® continues to be regarded, by both professionals and the public, as the definitive guide to legal excellence in the United States. Lawyer of the Year For 2014, The Best Lawyers in America® has also designated…
  • The Right of Publicity

    Brett Trout
    10 Jun 2013 | 11:34 am
    Hey, That’s Me! You spend months working on your cosplay outfit, and it turns out perfect. You are the hit of the con, with everyone taking your picture. Then, all of a sudden, you see you and your outfit on all kinds of merchandise, ranging from coffee mugs to posters. Is that legal? What can you do? The Right of Publicity Unlike constitutionally protected rights, like the freedom of speech, the right of publicity is a hodge-podge of state and common laws. To be sure what is and what is not allowed under the right of publicity, it is important to check the laws of the state in which…
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    Above the Law

  • An Illustrated Guide On How To Avoid Drafting Horrible ESI Discovery

    Jeff Bennion
    16 Sep 2014 | 8:17 am
    Bad discovery is how baby benchslaps are made.
  • Beyond Biglaw: Advice For Job-Hunting Law Students — Ask About Alumni

    Gaston Kroub
    16 Sep 2014 | 7:17 am
    What can you learn from looking at where a firm's former associates end up?
  • Morning Docket: 09.16.14

    Staci Zaretsky
    16 Sep 2014 | 6:11 am
    * If you want to know why Justice Sonia Sotomayor’s summer was “really not fun,” it’s because she spent it reading a book about Justice Antonin Scalia and a book written by Justice John Paul Stevens. [Washington Whispers / U.S. News & World Report] * “There is less money to pay everybody.” Corporations are shifting more and more of their legal work to their in-house lawyers, and some law firms — especially smaller ones — are feeling the financial squeeze. [WSJ Law Blog] * If you’ve wanted to know what federal judges discuss during their bathroom breaks, stop wondering,…
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    Simple Justice

  • Greg Lukianoff: Freedom From Speech

    16 Sep 2014 | 5:24 am
    As president of FIRE, the Foundation for Individual Rights in Education, Greg Lukianoff is no stranger to the trends on campus as evidenced by UC Berkeley’s Chancellor Nicholas Dirks’ invitation to be “civil.”  Greg has written a 9,000 word “broadside” entitled Freedom From Speech. Eugene Volokh has been kind enough to offer some excerpts: The increased calls for sensitivity-based censorship represent the dark side of what are otherwise several positive developments for human civilization. As I will explain in the next section, I believe that we are not…
  • If Not Suppression, Then What?

    16 Sep 2014 | 4:51 am
    There aren’t many circuit court decisions on violations of the Posse Comitatus Act, so the 9th Circuit’s opinion in United States v. Dreyer was bound to catch someone’s attention.  Steve Vladick at Just Security explains the PCA: [A]n 1878 statute that subjects to criminal punishment anyone who, “except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws.” In Dreyer, that’s what happened: At issue in Dreyer are…
  • A Tale of Two College Rapes

    16 Sep 2014 | 3:51 am
    A 20-year-old Texas Tech sophomore, Michelle Mallin, was careful not to touch the cigarette the rapist left on her car seat. From the Lubbock Avalanche-Journal: During the assault, Mallin fixated on a half-smoked cigarette and lighter the man left on her car seat. After driving her back into the city, Mallin was relieved the man left the evidence as he fled on foot. “Don’t touch that,” Mallin thought as she found her way back to campus. “It should have his fingerprints on there.” When she arrived at her dorm room about three hours after being abducted, Mallin called the Lubbock…
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    Law and Magic Blog

  • Houdini Comes To the Small Screen

    25 Aug 2014 | 11:36 am
    The Hollywood Reporter's Allison Keene reviews The History Channel's miniseries Houdini, starring Adrien Brody, here. Houdini premieres Labor Day (September 1st) at 9, 8 Central time. 
  • Law Vs. Magic

    11 Aug 2014 | 5:53 pm
    I came across this review/discussion of Edith Nesbit's The Enchanted Castle by Emily Croy Barker, published in the New York Times last year. Says Ms. Barker,  As disciplines, magic and the law are usually considered to have little in common. One is mystical, otherworldly, associated with phenomena that reason can’t comprehend; the other is anchored in the affairs of this world and at least aspires to be governed by logic and principle. And yet, as literature shows us, if you want to dabble in magic safely and successfully, it helps to have the advice of a good attorney. Hmmm. When I…
  • Legal Magic

    11 Aug 2014 | 5:36 pm
    More lawyer-magicians: Bill Evans, current President of the International Brotherhood of Magicians, and David Cohen of Reed Smith. Check out Mr. Cohen's videos: he uses magic to explain some discovery issues and other interesting issues that arise in legal practice today.  Key Discovery Predictive Coding Litigation Costs Quality Vs. Value Days of Paper We could say that Mr. Cohen's use of magic to illustrate his points is just so much eye candy. But I think what he does here is first to get our attention, which is immensely valuable, and second, make his comments memorable, whie…
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    How Appealing

  • "A Guantanamo Test Case for the 'New' D.C. Circuit"

    Howard Bashman
    16 Sep 2014 | 8:16 am
    "A Guantanamo Test Case for the 'New' D.C. Circuit": Steve Vladeck has this post today at the "Just Security" blog.
  • Today is the official publication date of my wife's first novel, "Predator"

    Howard Bashman
    16 Sep 2014 | 8:14 am
    Today is the official publication date of my wife's first novel, "Predator": In addition to everything else she does, my wife -- Janice Gable Bashman -- is a published author. And today is the publication date of her first novel. You can view the book cover at this link. The book, a young adult novel, is available for order on Amazon in paperback and e-reader formats. According to Suspense Magazine, "Every twist and fascinating revelation fell into place smoothly, with an ending that will leave readers wanting more. With this kind of originality on the page, it is exciting to speculate at the…
  • "The Fall of the House of Boggs: The bizarre Ecuadorean lawsuit that destroyed a Washington institution."

    Howard Bashman
    16 Sep 2014 | 8:02 am
    "The Fall of the House of Boggs: The bizarre Ecuadorean lawsuit that destroyed a Washington institution." Paul M. Barrett has this article online at Politico Magazine.
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    Legal Juice

  • Proof That You Need A Good Night’s Sleep Before Going To Work – No Matter What Your “Job” Is!

    John Mesirow
    15 Sep 2014 | 9:02 pm
    Falling asleep on the job is never a good thing.  But if this is your “job”, you are really in the soup. As reported by The Herald-Tribune: A man burglarizing a Nokomis home passed out on the bed beside a bag of stolen jewelry and didn’t notice deputies taking his picture, according to the Sarasota County Sheriff’s Office. According to the Sheriff’s Office Facebook page, a cleaning lady discovered Dion Davis, 29, inside her client’s home in the 500 block of Albee Road on Monday, sleeping on a bed with a bag full of stolen jewelry. Deputies arrived and…
  • What Could You Possibly Do With A Motorized Grocery Cart?

    John Mesirow
    14 Sep 2014 | 9:02 pm
    Motorized grocery carts are very useful for certain folks while doing their shopping. But outside of a grocery store, what would anyone use it for? The police may have asked Mr. Wedding that question, among many others. Per (Louisville, Kentucky): According to an arrest report, an officer saw 19-year-old Anthony S. Wedding driving the [motorized] grocery cart on the sidewalk near the corner of New Cut Rd. and 3rd St. Rd., just before 3 a.m. Wednesday. Police say the officer stopped Wedding to talk to him, and Wedding allegedly told the officer that the nearby Kroger said he could…
  • So You’re Saying There’s Something Wrong With A Judge Dismissing Her Own Parking Tickets?

    John Mesirow
    13 Sep 2014 | 9:08 pm
    For this judge, the job is apparently not all about banging away on a gavel and doling out some justice. Although she has only been charged, it’s not looking good. As reported by A Lancaster city district judge has been removed from the bench after she was charged Monday with a dozen criminal offenses. The charges relate to District Judge Kelly S. Ballentine dismissing three of her own parking tickets last year and in 2010, according to a police affidavit. After a lengthy investigation, the state Attorney General filed 12 charges, including nine felonies, regarding…
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    Ernie the Attorney

  • Insidious abuse that doesn’t get a lot of press coverage

    Ernie Svenson
    14 Sep 2014 | 7:35 pm
    Physical abuse is getting a lot of press these, especially in the realm of pro sports. But there’s another kind of abuse that doesn’t get as much press —something more widespread and insidious. Mind abuse. As in, the crap that saps your precious attention: e.g. television “news,” social media flame wars, Facebook status updates, thoughtless emails, Instagram messages, etc. Technology is useful up to a point. But unchecked, it has a huge potential for abuse. We can blame the media, or Facebook, or our internet-connected mobile toys. But we’re not innocent victims. We are ultimately…
  • Who is censoring your information?

    Ernie Svenson
    3 Aug 2014 | 8:20 am
    Are you aware that someone is censoring your incoming mail? Okay, it’s not your mail exactly. It’s all of the information you receive. Someone is tampering with it, and you’ll be surprised who it is. The culprit is you. Or more precisely: your brain. Your human brain is constantly filtering out useless information. What kind of information is “useless”? Well, that depends on how your brain has been programmed. If you grew up in a community of religious fundamentalists you’ll filter out opposing messages that challenge the tenets of that religion. That’s a “worldview…
  • Virtual assistants that are affordable and super helpful

    Ernie Svenson
    27 Jul 2014 | 6:55 am
    What kind of virtual assistance can you get for $25 a month? Until I tried FancyHands I would have said “nothing worthwhile.” But my friend Chad Burton persuaded me to try them, and I’ve been pleasantly surprised. Under the “starter plan,” FancyHands virtual assistants will handle 5 tasks per month. Five tasks for $25 per month may not seem worthwhile, but that’s the surprise. At least if you’ve never used a virtual assistance service before. First of all, you can get more than 5 tasks your first month. FancyHands offers incentives options that, if you agree…
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  • Judith Baer, Ironic Freedom: Personal Choice, Public Policy, and the Paradox of Reform

    Mark Graber
    15 Sep 2014 | 11:37 am
    Professor Judy Baer is the best feminist theorist most readers of Balkinization have never heard of.  Her works, most notably Our Lives Before the Law and The Constitutional and Legal Rights of Women (with Leslie Goldstein) are classics within political science, but have far less cache in the legal academy.  This is a shame.  Professor Baer is an acute critic of both liberalism and feminism.  Her works confront the challenges to both in ways that deserve a broad audience.  Ironic Freedom: Personal Choice, Public Policy, and the Paradox of Reform is another exceptional…
  • Obama's Unconstitutional War

    Bruce Ackerman
    12 Sep 2014 | 2:26 am
    There wasn't enough space on the New York Times' op-ed page for me to elaborate a key legal issue in my critique of Obama's unilateral declaration of war against ISIS. My essay emphasized that in 2001 Congress rejected President Bush's initial demand for sweeping powers to launch a world-wide war on terror, and only authorized the use of force against groups and countries associated with “the terrorist attacks on September 11th.” But I didn't have room to explain the full significance of point. The president initially demanded authority “to deter and preempt any future acts of…
  • The Elasticity of War: The Ever Expanding AUMF

    Jonathan Hafetz
    11 Sep 2014 | 1:26 pm
    President Obama may not have initiated the War on Terrorism, but he has certainly become attached to it. The administration now maintains that the President's announced campaign to use force against the Islamic State of Iraq and the Levant (ISIL) in Iraq and Syria is covered by the existing 2001 Authorization for Use of Military Force (AUMF), which was passed days after the 9/11 attacks and specifically targeted those individuals and organizations responsible for the attacks. The legal theory is that ISIL was originally part of al Qaeda and, while it subsequently split from al Qaeda, "is the…
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  • "We've gotta dispense with calling guys who are effeminate or who throw like girls 'sissies.' You know why?"

    16 Sep 2014 | 8:42 am
    "Because that diminishes women... We've got to stop this making fun of guys. I think part of it's to protect Obama, because he's the one that's well known for that," Rush Limbaugh said (sarcastically) yesterday, in the midst of a monologue that centered around something an ESPNW columnist, Kate Fagan, said about the problem of violence in football. She said:Holding NFL's feet to the fire should mean getting men to throw the kitchen sink at domestic violence...What's up with the anti-violence lady using 2 violent metaphors? ... to invest millions of dollars in grassroots organizations, in…
  • The Scotland/England relationship, understood in romantic terms.

    16 Sep 2014 | 7:59 am
    By John Oliver. This is long but I recommend the whole thing:
  • "Do you know how many times I’ve been called, the cops have been called … just because we’re black and he’s white."

    15 Sep 2014 | 3:37 pm
    "You can take me down to the court office and I can make a scene about it. You know that I have a publicist and I work as an actress," said the actress. "I’m mildly interested, I’m mildly interested that you have a publicist...Thank you for bringing up the race card. I never hear that," said the cop."Daddy, Daddy, I can’t believe it — all the things that are happening with the cops right now. I can’t even make out with my boyfriend in front of my f–king studio without getting the cops called on me. I don’t have to give him my ID because it’s my right to sit on the f–king…
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    Concurring Opinions

  • Alexander Hamilton on a Bill of Rights

    Gerard Magliocca
    15 Sep 2014 | 1:45 pm
    What was the original understanding of a bill of rights?  This is one of the questions that my next book will address.  A useful source is Federalist #84, in which Hamilton defended the Constitution against the criticism that it lacked a bill of rights.  Most people know this essay because of his claim that a bill of rights was dangerous because it implied the existence of powers not enumerated.  But Hamilton also said a good deal about what a bill of rights was that gets overlooked. First, Hamilton attacked Anti-Federalists in New York as hypocrites for lamenting the absence of a federal…
  • Local Government and Global Urbanization

    Kenneth Stahl
    15 Sep 2014 | 9:20 am
    The world’s future looks to be an urban one. The United Nations estimates that by 2050, two-thirds of the world’s population will live in cities. The planet’s urban population will increase from about 2.5 billion to over six billion, with ninety percent of that growth estimated to occur in Africa and Asia.  The growth of these cities, particularly in the developing world, will undoubtedly present a host of new challenges for local governments. Ed Glaeser, one of the most important and interesting urban thinkers today, recently authored a great essay in City Journal about the rise of…
  • 31.1 (First Amendment News) Proposed amendment to 1st Amendment fails — A brief history of it all

    Ronald K.L. Collins
    12 Sep 2014 | 6:11 am
    We must preserve our Bill of Rights including our rights to free speech. We must not allow officials to diminish and ration that right. We must not let this proposal become the supreme law of the land. – Senator Chuck Grassley, Sept. 10, 2014 Text of First Amendment on stone tablet facing Pennsylvania Avenue — the Newseum It’s over now, the campaign to amend the First Amendment. The Democratic-led effort died in the Senate yesterday by a vote of 54-42. Thankfully, the constitutional theatrics have ended and the 1791 text remains safe, at least from any Article V threat by…
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    Sui Generis-a New York Law Blog

  • Lawyers and Mobile Devices Trending Higher

    12 Sep 2014 | 7:40 am
    This week's Daily Record column is entitled "Lawyers and Mobile Devices Trending Higher."  My past Daily Record articles can be accessed here. Lawyers and Mobile Devices Trending Higher Of all the technology trends, lawyers have adapted to mobile devices the most readily. Smartphone use has been on the rise for years now, tablets are increasingly being incorporated by lawyers and judges into their workflows, and wearable technology, such as smartwatches, will no doubt make inroads in the legal profession as well. The results of two recent surveys confirm that lawyers continue to adopt…
  • Virtual law firms allow practice on your own terms

    4 Sep 2014 | 11:06 am
    This week's Daily Record column is entitled "Virtual law firms allow practice on your own terms."  My past Daily Record articles can be accessed here. Virtual law firms allow practice on your own terms  For years now I’ve been an advocate of Web-based computing and have asserted that it will change the practice of law as we know it. I felt so strongly about this that I wrote a book about cloud computing for lawyers that was published in 2012, and shortly thereafter, I was hired by a legal software company that develops Web-based practice management software. So, of course you could…
  • Online tools to streamline your email

    15 Aug 2014 | 8:05 am
    This week's Daily Record column is entitled " Online tools to streamline your email."  My past Daily Record articles can be accessed here. Online tools to streamline your email These days we spend an awful lot of time sorting through and responding to emails. Oftentimes, email ping pong can take up a tremendous amount of time as we attempt to schedule meetings or phone calls on dates and times that work well for a group of invitees. Another problem often encountered is that, for many of us, our email operates as a “to-do” list, which can sometimes become overwhelming since email…
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  • Why Did SEC Commissioner Aguillar Dissent In An Enforcement Case?

    David Zaring
    16 Sep 2014 | 5:20 am
    Enforcement cases, where the enforcers have total discretion about what to do, don't often motivate dissents from one of those enforcers, but one did recently before the SEC, in a case where a CPA CFO misstated earnings, and agreed to a Rule 102(e) suspension, or, if you like, a "wrist slap."  Commissioner Aguillar thought that the CPA role was crucial. Accountants—especially CPAs—serve as gatekeepers in our securities markets.  They play an important role in maintaining investor confidence and fostering fair and efficient markets.  When they serve as officers of public companies, they…
  • In the News

    Usha Rodrigues
    15 Sep 2014 | 12:54 pm
    I feel a little guilty about blogging about both of these items, for different reasons, but here goes... 1. I have a piece up on Slate that summarizes my Essay on campaign finance (guilt because all last week as I wrote it I couldn't shake the feeling I was cheating on the Glom) 2. I am the UGA's new M.E. Kilpatrick Professor of Law (guilt because self-promotion/bragging) 17 years of Catholic education.  Guilt as a way of life.
  • After the Deal Summarized

    David Zaring
    12 Sep 2014 | 1:38 am
    Steven Davidoff Solomon and I have, as you may recall, been working on a Fannie and Freddie litigation paper - the question is what to do with the newly profitable firms, Treasury says: we'll take the money, the still extant shareholders say: we want a dividend.  We say an entire fairness remedy.  We've got an overview of the paper up over at the Harvard Law School Forum on Corporate Governance and Financial Regulation.  You can find the paper here.  Here's an excerpt, see the rest over there:     Our legal analysis [] suggests that The equitable nature of the entire fairness remedy is…
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    Ms. JD Blog

  • Ms. JD Pre-Law: Controlling Your Financial Future

    Courtney Gabbara
    15 Sep 2014 | 2:26 pm
    It is said time and time again--student loan debt is an investment into your future that cannot be taken away from you. This is true, but it still doesn’t make it any easier to digest at the end of your three years when you “get the bill.” With information right at applicants’ fingertips, it’s no secret that law school is a huge time, emotional, and financial commitment. This is why the decision to attend law school is not one that should be taken lightly. Today, more than ever, law school applicants must take on the role of savvy consumer. But where should you…
  • Ms. JD Event Recap - Decision Point: Law School

    Laura Bladow
    14 Sep 2014 | 6:17 pm
    Did you miss Ms. JD's Decision Point: Law School event? Check out the below Storify recap to catch up on some great admissions advice! [View the story "Decision Point: Law School" on Storify]  
  • Swimming Lessons for Baby Sharks: Practical Advice for New Lawyers

    12 Sep 2014 | 5:22 pm
    Q: As a new associate, how much can I change the firm? A: That should not be the first thing on your mind when you walk in the door. But here is the answer: As a brand new lawyer, you probably have less influence over change than most other lawyers. You are likely to have more influence than staff members (except the non-lawyers who run the place). Isaac Ruiz, a partner at a Seattle firm, developed a list of personas that he counsels new associates to avoid. One of those is “The Union Leader,” the associate who “swoops into the firm and immediately starts organizing the…
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    Biker and Motorcycle Accident Lawyer Blog

  • My Sturgis Motorcycle Rally and Yellowstone Picture Movie

    Norman Gregory Fernandez
    31 Aug 2014 | 12:50 pm
    On July 31 – August 13th, 2014 I traveled to the 74th Annual Sturgis Motorcycle Rally and to Yellowstone for the 3rd consecutive year. The below movie is a slideshow movie of the pictures I took at the Sturgis Motorcycle Rally and Yellowstone. This year I took less pictures than last year because I concentrated more on riding, and I was rained in for about a day and a half on this trip. Enjoy the movie. Click here to view the embedded video. By Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © August 31, 2014 The post My Sturgis Motorcycle Rally…
  • How to get to your fuse panel on your Harley Davidson Electra glide motorcycle

    Norman Gregory Fernandez
    11 Jul 2014 | 11:26 pm
    I have created a series of videos to help people wrench on their Harley Davidson motorcycles. The below video discusses not only how to get to the fuse panel on your Harley Davidson Electra glide motorcycle, it also teaches you how to remove your hard saddlebags, how to remove your seat, and how to put it all back together again. I realize that I am I California motorcycle accident lawyer, but like all bikers I love to wrench on my motorcycle. I hope you enjoy the below video, and I’m sure it’ll help many people who don’t blow to get to their fuse box, or how to remove their hard…
  • Happy Independence Day, 2014

    Norman Gregory Fernandez
    4 Jul 2014 | 3:56 pm
    I would like to wish you on behalf of myself and the Biker Law Blog a happy Independence Day for the year 2014. On this day in the year 1776, a group of liberal radicals declared their independence from the English Empire, which was a treasonous act punishable by death. In 1776, the English Empire was the greatest empire on earth. The people of the American colonies wanted a government of the people, by the people, and for the people. They revolted against England because they had no representation in the English Parliament, and although they paid taxes, they were treated with disdain by…
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    Legal Profession Blog

  • Conclusory Allegations Rejected

    Legal Profession Prof
    16 Sep 2014 | 7:48 am
    An Illinois Hearing Board has ordered a reprimand of an attorney, finding that the Administrator had proven one of four charges of violation of the ethics rules. The board found that the attorney made a misrepresentation to opposing counsel. The...
  • No Malpractice For Failure To Anticipate Change In Law

    Legal Profession Prof
    15 Sep 2014 | 12:50 pm
    The Massachusetts Supreme Judicial Court affirmed the grant of summary judgment to the defendants in a legal malpractice claim. The client was a medical doctor who had an employment issue. The basis of the malpractice was the allegation that the...
  • Ring Of Truth

    Legal Profession Prof
    15 Sep 2014 | 10:40 am
    The Louisiana Attorney Disciplinary Board has found no misconduct in a matter that came to light during a disciplinary proceeding against another attorney. The attorney was charged with dishonesty after testifying at a deposition about a ruby ring given to...
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    China Law Blog

  • Changing Your China Factory? Be Careful.

    16 Sep 2014 | 6:08 am
    Just read an article, Toy supplier sues maker in reshoring fight about an American toy maker’s lawsuit against its Chinese supplier. The article describes the lawsuit as being based largely on allegations that the Chinese supplier ceased providing the American company credit and delayed deliveries, all in an attempt to make it impossible for the American company to start making its toys in the United States. Though I have no idea one way or the other whether the allegations in this particular lawsuit are true, I do know that bad things nearly always happen when Chinese manufacturers…
  • China Hiring. Background Checks Required.

    14 Sep 2014 | 2:29 pm
    Just read a post on the China Leadership Blog, entitled, Why China Hiring Background Checks: We now have 15 reasons. The post was on the writer’s hiring agency had narrowed down job candidates to 15 and none of the 15 passed the background check: We were placing a GM for a Western family owned factory. They are small and troubled.  We found 15 thoroughly qualified candidates for the position. We had candidates tell us they worked at a company 5 years when they only worked 1. We had candidates tell us they were super valuable,  and the company does not want to let them go. We were able…
  • Selling Into China. Because There Is Lots Of Money To Be Made.

    13 Sep 2014 | 9:00 am
    For years now, we have been screaming writing about how it is eminently possible to sell product and services to China without having a legal entity in China and with no personnel in China. And we get heat just about every time we do. The heat comes from China consultants who fear the demise (0r at least a decline) in their business if foreign companies cease creating full-scale and expensive presences in China. These consultants insist that it is either legal impossible or just not feasible from a business perspective to sell into China from overseas. Our response to these naysayers is…
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    Patently-O » Patent

  • Amending 101?

    Dennis Crouch
    16 Sep 2014 | 1:11 am
    Some have been considering a statutory overruling of Mayo and Alice Corp. What would this amendment do?: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Patent eligibility extends to the full extent permitted by the Constitution.
  • Interval Licensing v. AOL: Post-Nautilus Indefiniteness

    Jason Rantanen
    15 Sep 2014 | 1:04 pm
    By Jason Rantanen Interval Licensing LLC v. AOL, Inc. (Fed. Cir. 2014) Interval v AOL Panel: Taranto and Chen (author)* One of the most frequent criticisms of Nautilius v. Biosig is that it simply provides a  general standard (Section 112 ¶2 requires that “a patent’s claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty” ) and fails to offer any substantive discussion of what this meant.  In this post-Nautilius opinion affirming the district court’s ruling of…
  • Finding the limits of ineligibility

    Dennis Crouch
    15 Sep 2014 | 10:46 am
    by Dennis Crouch It is safe to say that hundreds of thousands of U.S. patents rely upon the manipulation of information or laws of nature as fundamental aspects of their respective inventions. Many of these patents rest on shaky ground following the Supreme Court’s recent decision in Alice Corp. v. CLS Bank (2014).  Alice Corp.  has the potential of being broadly interpreted, but a major problem with the opinion is that it offers few limiting principles for the definitions of ‘abstract idea’ and ‘law of nature.’  Federal District Court Judge Wu most…
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    Religion Clause

  • New Brunswick Law Society Members Call On Council To Revoke Approval of Christian Law School

    Howard Friedman
    16 Sep 2014 | 4:25 am
    In Canada, controversy over the new Christian-affiliated Trinity Western University Law School continues. The school, scheduled to open in 2016, requires students, faculty and staff to subscribe to its religious-based "community covenant" which, among other things, prohibits sex outside of heterosexual marriage. In June, the Council of the New Brunswick Law Society voted to accredit the law school, clearing the way for its graduates to practice in the province.  However, according to yesterday's Straight Talk, at a special general meeting held last week, Law Society members in an…
  • Pennsylvania Boy Charged With Desecrating Venerated Object After Facebook Photo of Simulated Sex With Jesus Statue

    Howard Friedman
    16 Sep 2014 | 4:20 am
    In Everett, Pennsylvania last week police charged a 14-year old boy with violating Pennsylvania's ban on desecration of venerated objects (18 Pa. Cons. Stat. § 5509) after he posted photos on Facebook showing him simulating oral sex with a statue of Jesus. According to a Pennsylvania State Police Report, the incident took place in July, and charges were filed in Juvenile Court on Sept. 9. Queerty reports that the statue belongs to the Christian organization Love In the Name of Christ.  An organization spokesman says it does not believe the boy should be prosecuted, and asked instead…
  • Supporters of Scottish Independence Promise Protection of Catholic Schools

    Howard Friedman
    16 Sep 2014 | 4:15 am
    On Thursday, voters in Scotland will cast ballots on whether Scotland should break away from the United Kingdom and become an independent country. (Background from Wikipedia.) According to yesterday's Herald Scotland, just days ahead of the vote Roseanna Cunningham, the country's Legal Affairs Minister, promised that in the event of independence, parochial schools will be protected.  She said:A Yes vote means that Scotland will have a written constitution and that means everyone can be assured that the constitution in place on Independence Day will uphold the rights and liberties of…
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  • Today: ABA CLE Webinar on Disparaging Trademark Rejections at the PTO

    Ron Coleman
    16 Sep 2014 | 8:24 am
    Hurry up and register for this webinar , in which LIKELIHOOD OF CONFUSION® (that’s me) will be participating as comic relief, on the topic of the refusal to register “disparaging” trademarks such as REDSKINS and THE SLANTS under section 2(a) of the Lanham Act. It is going live on the ‘tubes at 1:00 Eastern time. Register and pay attention, and you get 1.5 CLE credits, though you have to pay the money.  Like anything else.
  • Jell-O’s branding race to the bottom

    Ron Coleman
    8 Sep 2014 | 3:10 pm
    Poor old Jell-O® Brand Gelatin.  It once billed itself as The World’s Most Favorite Dessert.  Remember the old Jell-O brand profile, at least the one that dominated for the better part of the last generation?:  Bill Cosby flapping his goofy gums with kids, talking and giggling about all the family fun to be had with a cup of the jiggly? Those were the days.  When it comes to brand integrity, it seems, Jell-O’s management is showing itself to be a tower of, um… what would you say, exactly?  Per Tax Law Prof blogger Paul Caron: Last month — just in time for a new…
  • Does Macy’s tell Gimbel’s?

    Ron Coleman
    5 Sep 2014 | 7:55 am
    Originally posted 2006-07-05 19:27:20. Republished by Blog Post PromoterOkay, so that dates me a tad. Well, does Pepsi tell Coke — that Coke employees are trying to sell Coca-Cola secrets to them? Of course they do: Three people were charged by federal prosecutors on Wednesday with stealing confidential information, including a sample of a new drink, from The Coca-Cola Co. and trying to sell it to rival PepsiCo Inc. The suspects include a Coke executive’s administrative assistant, Joya Williams, who is accused of rifling through corporate files and stuffing documents and a new…
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    Grits for Breakfast

  • Deputy seeks sex offender dick pics

    15 Sep 2014 | 6:26 am
    A Sheriff's deputy in Wise County has been arrested in a bizarre incident. Sgt. Chad Hightower told sex offenders the state now required him to photograph them nude. He even told one fellow he must achieve an erection for the photo shoot, which took place in the police impound yard. Unreal.Apparently similar photos were found on the deputy's camera involving other sex offenders, which to me indicates how easily this powerless population may be manipulated and abused. They've been stripped of so many rights, subjected to so many degradations, that it's near-impossible for a layperson to judge…
  • Why Austin property taxes are so high

    15 Sep 2014 | 6:25 am
    Austin pays our cops too much, has too many of them, and most of our city council is in the pocket of the police union. So thanks to Bill Spelman and Laura Morrison for at least trying to inject reason (and math) into the city's dysfunctional budget discussions. Reported the Austin Chronicle:"public safety" (police, fire, EMS) will consume 70% of next year's $854 million GF budget (even excluding municipal courts), with APD alone representing 42%. Parks and libraries (generally cut first in lean times) together consume 13%; and Health and Human Services (contributing at least partly to…
  • Texas' mandatory blood draw statute on DWI under fire

    15 Sep 2014 | 6:22 am
    Texas' warrantless blood draw statute has been challenged and in some cases declared unconstitutional by intermediate state appellate judges in the wake of the Supreme Court's 2013 McNeely decision.  Tyler's 12th Court of Appeals became the latest to contend "the implied consent and mandatory blood draw statutory schemes found in the transportation code are not exceptions to the warrant requirement under the Fourth Amendment."Another pro-Fourth Amendment opinion from a Texas appellate court on the topic came in July from the Fourth Court of Appeals in San Antonio, ruling that…
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    Drug and Device Law

  • Important FOIA Decision

    15 Sep 2014 | 12:46 pm
    We don’t normally follow Freedom of Information Act (“FOIA”) decisions, but Public Citizen v. U.S. Dep’t of Health and Human Services, ___ F. Supp.2d ___, 2014 WL 4388062 (D.D.C. Sept. 5, 2014), falls more or less in our sweet spot.  Back in 2009, Public Citizen, an ostensible “public interest” group that regularly acts as a stalking horse for the plaintiffs’ bar, filed a FOIA request demanding disclosure of a drug manufacturer’s annual reports filed with defendant HHS pursuant to a “corporate integrity agreement.”  Such agreements are often part of settlements…
  • A Foregone Conclusion On A Runaway Verdict

    Eric Alexander
    12 Sep 2014 | 1:41 pm
                From our ivory tower in the kingdom of blogdom, we track cases and litigations from afar, peeking in on them from decisions rendered at specific points in time.  Sometimes, from a single decision, we venture on what will happen next, like whether claims that survived dismissal will make it past summary judgment or whether a judgment will survive appeal.  Other times, we look at multiple decisions in the same case or litigation and make a somewhat more intelligent guess as to where things are headed.  Every once…
  • Third Circuit Rejects Consumer Fraud/Unjust Enrichment Class Action

    Michelle Yeary
    12 Sep 2014 | 9:39 am
                Yesterday the Third Circuit upheld a District of New Jersey decision denying class certification as to plaintiffs’ consumer fraud and unjust enrichment claims.  Grandalski v. Quest Diagnostics Inc., 2014 U.S. App. LEXIS 17543 (3d. Cir. Sep. 11, 2014).              Plaintiffs alleged that Quest had overbilled them for testing services and their complaint proposed multiple nationwide litigation classes. *2-3.  The court examined both causes of…
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    Crime and Consequences Blog

  • Governor Races

    Kent Scheidegger
    15 Sep 2014 | 2:53 pm
    The previous post noted the Oregon governor's race.  Here are a few notes from elsewhere around the country.In New Mexico, incumbent Governor Susana Martinez has opened up a commanding 18% lead over Attorney General Gary King in an Albuquerque Journal poll.  Real Clear Politics has moved this race into the "Likely GOP" column.  A commanding win in a "blue" state would make Martinez, a former district attorney, a credible possibility for the 2016 national ticket.In Colorado, the Denver Post has the race too close to call.  RCP calls it a toss-up.  Unlike Kitzhaber,…
  • Reprieves and Volunteers

    Kent Scheidegger
    15 Sep 2014 | 2:45 pm
    Harrison Latto, attorney for Oregon death row "volunteer" Gary Haugen, has this op-ed in the Oregonian.The most puzzling aspect of the reprieve Gov. Kitzhaber granted to my client Gary Haugen is why he chose the utterly unprecedented device of a reprieve of indefinite duration, which will expire as soon as he leaves office, rather than using the more conventional method of commuting Haugen's death sentence to life in prison. Gov. Kitzhaber did offer an explanation, in his statement announcing his moratorium.  He said that he recognized that he had the power to commute Haugen's death…
  • News Scan

    CJLF Staff
    15 Sep 2014 | 1:26 pm
    Convicted Murderer to be Released: An Arizona man sentenced to life in prison for first-degree murder will soon be released after serving only 44 years.  Kelsey Hess of The Republic reports that 62-year-old Ray Chatman was convicted of first-degree murder and armed robbery when he was 17-years-old.  He was originally sentenced to death for the crime, but three years later   a court reduced his sentence to life without the possibility of parole.  Recently a judge agreed to vacate his original conviction in exchange for him pleading guilty to second-degree murder,…
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  • Monday Night Open Thread

    15 Sep 2014 | 7:48 pm
    Long day, just getting home. I'm going to catch up with ISIS and other news. DWTS has a new season tonight. Tommy Chong is one of the new contestants. This interview with him about the show and pot is pretty funny. (Added: I just saw Tommy... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Congress and White House One Step Behind on Syria Rebels

    15 Sep 2014 | 7:14 am
    The White House is pushing Congress to vote on on arming the "moderate" Syrian rebels. Repubicans are getting on board, and a vote may happen Tuesday. If it’s not the Syrian opposition, trained and equipped by the United States, authorized... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
  • Move Over ISIS, The Khorasan Are Waiting in the Wings

    14 Sep 2014 | 7:14 am
    The Associated Press today reports that ISIS is not a danger to America, but another Islamic extremist group, Khorasan (aka Khurasan), which is affiliated with al Qaida in Pakistan and Afghanistan and the Taliban, is working with Yemeni bomb-makers... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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    TheFunded Founder Institute News

  • How to Know when you have a Winning Idea

    16 Sep 2014 | 2:22 pm
    I recently attended a private seminar on the subject of building a “lean” company that was being held at Stanford College. The main speaker of the event was Tristan Kromer, a major lean startup advocate and product coach for companies such as Swisscom, StumbleUpon, and many more. This event was aimed at Swedish entrepreneurs, as the Swedish startup ecosystem is currently seeking ways to grow and expand its resources. The room was filled with about 50 Swedish entrepreneurs that had all either successfully launched companies or were part of the team of small companies, all set to…
  • Take the First Step to Becoming an Entrepreneur at an Upcoming Founder Institute Startup Event

    15 Sep 2014 | 5:20 pm
    The Founder Institute hosts thousands of free startup events across the globe each year, in over [total_cities] cities across six continents. These events are designed to help aspiring entrepreneurs improve their ideas and entrepreneurial skills, all in a low-pressure environment. At Founder Institute events, you can meet and learn from successful entrepreneurs, get feedback on your ideas, come up with new ideas, recruit potential co-founders, and more. They are the perfect starting point for beginning your entrepreneurship journey.  We have several events coming up in the next…
  • Have a Business Idea? Get Online Feedback from Startup Expert Adeo Ressi

    14 Sep 2014 | 8:10 pm
    Do you have an idea for a startup? Could you use feedback on your ideas from a leading Silicon Valley entrepreneur?  Then join us for an upcoming Founder Hotseat Webinar, with Adeo Ressi, the CEO of the Founder Institute. During this live and interactive online event, viewers can pitch their startups to Adeo, either through text or on screen in a video conference. Adeo will provide blunt and detailed feedback on the idea, the pitch and the business. Even if you don't want to pitch, you are invited to RSVP, log on, and watch how an expert startup advisor evaluates new business ideas.
  • 7 Startup Lessons from Google: It's All About Data

    12 Sep 2014 | 10:46 am
    Thomas Korte is a veritable expert in the world of startups and entrepreneurship. He is the Founder of AngelPad, a startup accelerator based in San Francisco and New York. Despite having only been around for a few years, AngelPad was named by MIT’s 2014 Accelerator Research as the #3 U.S. Accelerator, and was recognized by Forbes Magazine as a “TOP 5 Global Accelerator” in 2012. However, before founding AngelPad, Korte worked at Google for 7 years, and was Google’s first International Product Manager. In this second installment, filmed at the 15th Founder…
  • Startup Fundraising Tips from the Co-Founder of GrubHub

    12 Sep 2014 | 9:50 am
    Inside FI gives you exclusive access inside the training sessions of the Founder Institute. To get updates when we release new videos, follow us on Twitter or subscribe to our weekly newsletter here.  Coming to the decision to pursue funding is no easy matter, but it’s a piece of cake compared to the ominous beast of successfully securing funding. Knowing how to present yourself, your company, and your story can make all the difference. However, knowing when to walk away from an investor that isn't a good fit with your company is also crucial.  Mike Evans is a Co-founder…
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  • Tuesday round-up

    Amy Howe
    16 Sep 2014 | 7:10 am
    Briefly: In The National Law Journal (registration or subscription required), Tony Mauro reports on the amicus briefs filed in Elonis v. United States, in which the Justices will consider whether a Pennsylvania man’s Facebook posts violated a federal law prohibiting the transmission of threats across state lines.  Mauro notes that, in the briefs, the Court “is getting an intense education in another genre: the rhythmic, slangy — sometimes violent — poetry of rap music.” In The New York Times, Adam Liptak previews next month’s argument in Warger v. Shauers, in which the Court…
  • Petition of the day

    Maureen Johnston
    15 Sep 2014 | 7:11 pm
    The petition of the day is: Nebraska v. Mantich 13-1348 Issue: Whether Miller v. Alabama – which held that a state may not sentence a teenage murderer to life imprisonment without parole unless the state provides a process whereby the sentencer considers the offender’s youth and attendant characteristics – should be applied retroactively to a murder conviction on collateral review. In association with Bloomberg Law
  • Event announcements

    Andrew Hamm
    15 Sep 2014 | 7:42 am
    On September 18, the Heritage Foundation will host a panel on recent developments in campaign finance litigation and campaign speech, featuring Floyd Abrams, Erin Murphy, Ronald Collins, and moderator Adam Liptak.  The event, which will also be streamed online, will be held at noon at 214 Massachusetts Ave. N.E. in the District of Columbia.  Registration information is available here. On September 19, UC Hastings College of the Law will host a symposium on forum selection after last Term’s decision in Atlantic Marine Construction v. U.S. District CourtThe event will be held in the Louis…
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    Larry Bodine Law Marketing Blog

  • Using Blog Posts to Generate Leads and New Clients

    Larry Bodine
    9 Sep 2014 | 11:52 am
    Get a free Content Review of your website today. Email me the URL of your website -- or call 520.577.9759 -- for your no-obligation content evaluation.   For high-growth firms, blogging is the single most important business development tactic – it is more effective than SEO, social media or email marketing. “What’s really important is that blogging is one of the key things that by itself will help you with your SEO,” said Lee Frederiksen, managing partner of Hinge Marketing, speaking on a recent webinar. Combined with the fact that 80% of potential…
  • Perfect Headline is Six Words Long

    Larry Bodine
    15 Aug 2014 | 5:11 pm
  • Death of the Web Conference - New Research from

    Larry Bodine
    12 Aug 2014 | 3:55 pm
    As virtual meetings become more commonplace, legacy web conferencing software is wasting an unacceptable amount of time, according to a new study from Ovum and It is based on a survey of more than 3,900 full-time professionals worldwide, regarding their collaborative behaviors and activities. The key findings from this report: Late start times are costing executives 5 days and 19 hours per year in lost time and productivity. Technical difficulties with web conferencing software is the number one cause of delayed meetings. More than 50 percent of employees report that the number…
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    Jim Calloway's Law Practice Tips Blog

  • What is Your Job Description?

    Jim Calloway
    15 Sep 2014 | 4:00 am
    The Law Practice Magazine Sept/Oct 2014 issue is out and the theme is law firm Finance. As always. there is lots of good content, including Starting a Financial Relationship With Your Client- Packaging your fee agreement with an eye toward...
  • The Future of Wearable Technology for Lawyers

    Jim Calloway
    11 Sep 2014 | 12:44 pm
    With the recent Apple announcement about the Apple Watch coming in 2015, it is a good time to contemplate whether wearable technology will be good for lawyers, not so good or somewhere in between. Our new podcast is The Future...
  • New iPhone 6 Appears to Make Both iOS and Android Users Happy

    Jim Calloway
    10 Sep 2014 | 10:53 am
    Jeff Richardson of posts Why lawyers will love the iPhone 6 and iPhone 6 Plus. Jeff Taylor of posts Android Lawyers Won’t Love the iPhone 6 and iPhone 6 Plus. They each posted respectful comments on each other's...
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    Robert Ambrogi's LawSites

  • ScanSnap’s Newest Scanner Works Anywhere with Any Device

    Robert Ambrogi
    16 Sep 2014 | 5:37 am
    Fujitsu today is releasing its newest scanner, the ScanSnap iX100, and it is a mobile lawyer’s dream. Lightweight and battery operated, it scans wirelessly to any computer, iOS or Android device, producing high-quality scans at a fast speed. Wireless scanning is nothing new, of course, but what distinguishes the iX100 is that it doesn’t even […] The post ScanSnap’s Newest Scanner Works Anywhere with Any Device appeared first on Robert Ambrogi's LawSites.
  • Viruses are More Common at Law Firms than Encryption, ABA Survey Shows

    Robert Ambrogi
    12 Sep 2014 | 7:23 am
    Nearly half of law firms were infected with viruses, spyware or malware last year, according to the latest ABA Legal Technology Survey Report. At the same time, only a quarter of law firms had any kind of email encryption available for their lawyers to use, the survey found. Also, 14% of law firms experienced a […] The post Viruses are More Common at Law Firms than Encryption, ABA Survey Shows appeared first on Robert Ambrogi's LawSites.
  • Our ‘Lawyer2Lawyer’ Podcast Begins its 10th Year

    Robert Ambrogi
    11 Sep 2014 | 7:03 am
    This week marks the beginning of the 10th year of Lawyer2Lawyer, the legal-affairs podcast cohosted by J. Craig Williams and me and produced by the Legal Talk Network. We are the longest-running legal podcast and one of the longest-running podcasts of any kind. By my rough count, we’ve done over 400 shows. Our first show […] The post Our ‘Lawyer2Lawyer’ Podcast Begins its 10th Year appeared first on Robert Ambrogi's LawSites.
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    Wise Law Blog

  • 140 Law - Legal Headlines for Tuesday, September 16, 2014

    Elysia Cherry
    16 Sep 2014 | 6:20 am
    Here are the leading legal headlines from Wise Law on Twitter for Tuesday, September 16, 2014:Magnotta jury selection set to begin Tuesday Clients feel duped into hiring lawyers who are now suspended When Can An Employment Contract Be Set Aside Law students killed in WWI to be called to bar - Toronto Star Six Florida prison officers jailed and fired for setting up inmate beating, lying about it Patrick Brazeau court date set on Senate fraud, breach of trust charges Law firm beats debtor’s Freemen legal manoeuvre for $2.8 millionClaimed Nazi volunteer during World War II, now…
  • 140 Law - Legal Headlines for Monday, September 15, 2014

    Rachel, Law Clerk
    15 Sep 2014 | 6:23 am
    Here are the leading legal headlines from Wise Law on Twitter for Monday, September 15, 2014:Elaborate Rules Means Justice System Is Expensive and Inaccessible Mike Duffy trial timing could be pre-election headache for Conservatives Did Sundance Vacations Forge A Court Order To Suppress Online Criticism? | Popehat Law Society of New Brunswick members vote against accrediting B.C. Evangelical law school Canadian healthcare challenged in BC Supreme Court Law Society of New Brunswick members vote against accrediting BC law school over same-sex covenant Supreme Court to…
  • 140 Law - Legal Headlines for Friday, September 12, 2014

    Rachel, Law Clerk
    12 Sep 2014 | 6:38 am
    Here are the leading legal headlines from Wise Law on Twitter for Friday, September 12, 2014:“Former intern drops lawsuit against David Letterman” Manicure, spa and tattoo health violations disclosed Oscar Pistorius found not guilty of murder but verdict still pending on culpable homicide Ottawa man whose car virtually disappeared down a highway sinkhole suing city for half-a-million dollarsAn Employment Law Puzzle: On Condonation, Pay Cuts, Consideration, and Waivers Part of Harper government’s tougher sentencing laws ruled unconstitutional6 key points from the judge's…
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  • Videoconferencing, Productization and Other New Podcasts

    31 Aug 2014 | 7:30 pm
    Fans of old-time Hollywood movies probably recognize the homage to the famous line from Sunset Boulevard in the title of the newest episode of the The Kennedy-Mighell Report podcast, “Get Ready For Your Video Call Close-up.” In the episode, Tom and I wonder whether videoconferencing has finally become more commonplace than ever and what you might do to look your best on your next videoconference. In the B segment, we discuss whether touch screens and combo laptops might be good option when replacing older laptops.The Kennedy-Mighell Report PodcastOther recent podcasts include:How…
  • The Productization of Legal Services – My New Article

    31 Jul 2014 | 7:28 pm
    The July/August issue of Law Practice magazine is now out, the theme is “Big Ideas,” and one of the big ideas included in the issue is covered in an article I wrote.In “Link to article,” I dive into the ways that lawyers might explore efforts made in other professions and industries in turning services into products. In general, I mean “information products,” but you might think even more broadly than I did in the article.The article gives some examples that gave me something to think about, explores how a “productized” approach might work and…
  • GC Research Club Interview about Legal Technology

    24 Jun 2014 | 6:32 pm
    William Barns Graham at the GC Research Club interviewed me a while back about technology as it relates to in-house counsel, some of my uses of technology, collaboration and other topics. The interview originally ran in two parts, but has been collected conveniently in one place, as “GCRC Interview: Dennis Kennedy, Vice President, Counsel at MasterCard Worldwide – Whole Interview” on the website, along with other interviews, all of which I would recommend. It’s nice to be able to reach an international audience with this interview.Ann Page, in her…
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    Law Technology Today

  • Secrets of Google Voice Setup that I Wish Someone had Told Me

    Julie M. Tolek
    16 Sep 2014 | 5:30 am
    Note: I use Safari, so this might not apply if you do not use Safari. I understand this might have been easier if I used Google Chrome. I have had Google Voice for about six years. I originally got it so I could use it to give to guys when they asked me for my phone number. I didn’t want to give them my cell number in case they were crazy stalkers, and at that time there was no way to block incoming calls (at least on my carrier and/or phone at the time). With Google Voice, you can block certain numbers from calling you, and you can also block their text messages. It was the perfect setup,…
  • 8 Essential Functions for the Right Task Manager

    Gwynne Monahan
    15 Sep 2014 | 5:30 am
    On any given day, there is a lengthy list of items to be completed. Phone calls. Emails. New client meetings. Followups. In this episode of the Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss taming the to-do list, their own approaches to using technology to help with task management, and questions every lawyer should ask when looking for a management tool to suit their needs. Kennedy shapes his list management around David Allen’s “Getting Things Done,” a system which allows him to see his weekly calendar as a big picture and sort priorities to avoid being…
  • Docking Your Mobile Device: A Review of HiRise from Twelve South

    Heidi Alexander
    12 Sep 2014 | 5:30 am
    We are a society deeply tied to our mobile devices. We use them at all hours – at home, on our commute, at work, in meetings and in court, and even in the middle of the night. During the daytime, they reside at our side, whether on our desk or in our pocket just so that we don’t miss important calls and messages from family members, friends, and clients (that is, if you are brave enough to dole out your cell phone number to clients). For my mother, messaging with her children comprises a full-time job; I’m not quite sure how she gets anything else done in the day. The point here is…
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    Amazing Firms, Amazing Practices

  • Don’t Let “Age Profiling” Slow Your Firm

    Gerry Riskin
    11 Sep 2014 | 5:46 am
    I recently wrote a post for Edge International Communiqué on the perils of making age-based assumptions about our legal-profession colleagues. I share it here for those who missed it. Both older and younger lawyers can let all kinds of intergenerational nonsense get in the way of clear thinking. The misunderstandings that result can do actual damage to their firms. Older lawyers have told me that lawyers in the younger generation simply do not have the values that they did. “The younger generation expects to have it all. They didn’t need to earn it the way we did. They lack our…
  • Can You Be Too Nice?

    Gerry Riskin
    27 Aug 2014 | 6:48 am
    To most of us, courtesy and consideration are almost second nature. However, Michael Fertik — founder of — says that when we assume a leadership capacity, being “too nice” can actually be detrimental to our organizations. In a guest blog for the Harvard Business Review Fertik says: Many yield to [the instinct to be nice], because it feels much easier to be liked. Few people want to be the bad guy. But leaders are also expected to make the tough decisions that serve the company or the team’s best interests. Being too nice can be lazy, inefficient,…
  • Asking the Right Question

    Gerry Riskin
    18 Jul 2014 | 6:27 am
    In a recent Harvard Business Review blog post, journalist Warren Berger discusses the importance to effective leadership of asking the right questions – with the emphasis on the word “right.” “How you question is critical,” says Berger. “Questions can be great for engaging and motivating people, but they can just as easily be used to confront or blame, and can shift the mood from positive to negative.” By way of example, Berger  – author of A More Beautiful Question: The Power of Inquiry to Spark Breakthrough Ideas – offers five common questions that can get discussions off…
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    LawBiz® Blog

  • CALBar annual conference in San Diego

    Ed Poll
    15 Sep 2014 | 8:12 am
    I attended the CALBar annual conference this past weekend in San Diego.  Great learning and networking all in one place.  I was there for a meeting of the Law Practice Management & Technology Section of the CalBar, and since this was my last meeting with them, I was honored with kudos for my many years of service to the group. Over the years of my involvement with this group, we have provided many education programs for the benefit of the lawyer in his/her client relations and law firm operations.  The section was responsible for a major writing effort and has thus far contributed…
  • LawBiz® Legal Pad: Charging for the Initial Consultation

    Ed Poll
    11 Sep 2014 | 6:00 am
    This weeks topic is how to charge a client for the initial consultation.
  • 7 Easy Steps to Getting Paid

    Ed Poll
    8 Sep 2014 | 5:20 pm
    You’ve worked hard to address the challenges brought to you by your client.  You’ve put other matters aside to deal with his or her crisis.  You‘ve achieved their desired results.  And now, they’ve become a slow payer or non-payer.  Why?  What could you have done to prevent this, to know from the very beginning that they would not pay you as agreed, and to assure that you will finally get paid?  Failure to get paid, or low realization rate, is the bane of most lawyers. See Collecting Your Fee: Getting Paid from Intake to Invoice, written by Ed Poll at the request of the American…
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    Innocence Blog

  • New DNA Evidence and Improper Bite Mark Analysis Point to Mississippi Death Row Inmate's Innocence

    15 Sep 2014 | 3:20 pm
    The Innocence Project and the Mississippi Innocence Project filed a motion in the Mississippi Supreme Court today urging the court to vacate the capital murder conviction and death sentence of Eddie Lee Howard, Jr., based on new DNA evidence and improper bite mark analysis. Dr. Michael West, the forensic dentist who provided the only physical evidence linking Howard to the crime and who served as an expert in four other cases where the defendants were later found to be innocent, now maintains that the identification of suspects through bite mark analysis is entirely unreliable. Similarly, the…
  • Oklahoma Woman Exonerated of Infant Son's Death Based on DNA and Other Evidence

    15 Sep 2014 | 1:30 pm
    With the consent of Tulsa District Attorney Tim Harris, a Tulsa court exonerated Michelle Murphy on Friday of the murder of her infant son based on new DNA evidence and other previously undisclosed evidence pointing to her innocence. Recent DNA testing of crime scene evidence points to an unknown male as the real perpetrator. In the course of representing Murphy, lawyers also uncovered other evidence pointing to Murphy's innocence that was known to the prosecution at the time of trial but never disclosed to the defense. KOTV- CBS Tulsa reported that Murphy spent two decades behind bars and…
  • Federal Conviction Integrity Unit to Launch in Washington, D.C.

    12 Sep 2014 | 2:40 pm
    The Washington Post reported that the first conviction integrity unit within a U.S. attorney's office will be launched in Washington, D.C., by federal prosecutors in an effort to identify potential wrongful convictions. The formation of the unit comes in response to a series of exonerations from flawed FBI forensic evidence and testimony. D.C.'s top prosecutor, U.S. Attorney Ronald C. Machen Jr. said he will add resources to his office's Special Proceedings Division, assign at least two attorneys to investigate cases and be tasked with recommending practices for investigators and prosecutors…
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    Charon QC

  • Flying Scotsman ? A most unfortunate photograph?

    Charon QC
    14 Sep 2014 | 1:52 pm
    Unfortunate photographs can be ‘awkward’.
  • Paintings by my brother – my real brother!

    Charon QC
    14 Sep 2014 | 7:39 am
    Self-portrait 46 x 35 cm, oil on canvas My brother, Stewart, is a polymath and interested in many things. He has taken up oil painting and unintentionally has inspired me to do some sane and sensible painting rather my usual F*ckArt ‘stuff’ 2. Incarnation (Nayi Mudra) 76 x 60 cm, oil on canvas This painting took me back a few years and reminded me that Stewart was partial to requisitioning MY jeep car and using it!  Stewart may well take a different view of whose car it was – but it has been many years since we were that small. 1. Trembling Trees – portrait of the writer…
  • And the road to CRY FREEDOM is paved with gold…possibly…

    Charon QC
    12 Sep 2014 | 11:04 pm
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    UNDERDOG - Fairfax Criminal/DWI Attorney - Northern Virginia.

  • Va. Supreme Court reverses sentence that eviscerated convict's Fourth Amendment rights.

    14 Sep 2014 | 9:00 pm
    By Fairfax County/Northern Virginia/Maryland/Beltway criminal defense lawyer Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting relentlessly for the best possible results for his clients. Praised be Virginia's top court for reminding the lower courts that even the most heinous crimes do not rob convicts of all rights against government searches while on probation. Last Friday, the Virginia Supreme Court reversed a child rape convict's probation conviction allowing police and probation officer searches for…
  • Transcending anger and roles to persuade on the soul level.

    11 Sep 2014 | 9:00 pm
    By Fairfax County/Northern Virginia/Maryland/Beltway criminal defense lawyer Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting relentlessly for the best possible results for his clients. A dog does not betray anyone. Humans have the ability to betray, and too many people betray others. A dog does not form sinister plans, but too many humans do. A dog does not lie; too many humans do. Maybe that helps explain why so many people like having dogs; I have never had a dog. A dog, of course, can go on the…
  • September 11, thirteen years later.

    10 Sep 2014 | 9:00 pm
    Today's blog entry re-prints my September 11, 2008 entry.  September 11, 2008-The Silver Spring, Maryland, YMCA has become an eerie place of sorts. On September 11, 2001, I was working out there before starting the workday. On my way to the locker room to the office, I saw the television playing the horrifying footage of the World Trade Center attack and collapse, and learned that the Pentagon -- just about ten miles away -- also had been attacked. A year later, on October 22, 2002,I hit extraordinarily heavy morning traffic on the way to the same YMCA. The radio said that another sniper…
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    The Legal Satyricon

  • Criminal Heterosexual Speech

    Jay Marshall Wolman
    10 Sep 2014 | 6:52 am
    Though the title of this post sounds like SEO keyword trolling, it is not. Yesterday, the Massachusetts Supreme Judicial Court released its opinion in Commonwealth v. Sullivan (can be found here). Mr. Sullivan was found guilty of violating G.L. c. 272, sec. 53, which sets forth the statutory penalty for prostitution as well as “persons […]
  • A loss, is a tie, is a win.

    Jay Marshall Wolman
    20 Aug 2014 | 2:07 pm
    The Connecticut Bar Association voted on whether to sign onto a brief in support of a firearms law. The House of Delegates voted yes, 2-1, but there was a referendum petition. A vote was taken. By a vote of 734-729 (5 votes), the members voted to join the brief. Those opposed to signing the brief […]
  • That’s one way to do it

    12 Aug 2014 | 10:33 am
    It is a pretty common story — “christians” protest other people having fun. In this case, a church in Ohio decided that it is their business to protest a strip club and to harass its patrons. What makes the story uncommon — the strippers decided to protest the church. Filed under: misc
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    Chicago IP Litigation

  • Alleged seeding of copyrighted material on BitTorrent is not Copyright Misuse

    R. David Donoghue
    29 Aug 2014 | 3:37 am
    Malibu Media, LLC v. Doe, No. 13 C 3648, Slip Op. (N.D. Ill. Jun. 9, 2014) (Kennelly, J.). Judge Kennelly granted in part plaintiff Malibu Media’s motion to dismiss Doe defendant’s counterclaim and certain of its nineteen affirmative defenses in this BitTorrent copyright infringement case. Doe’s counterclaim was not appropriate because it sought no affirmative relief, just a determination that its affirmative defenses were meritorious.  The counterclaim was, therefore, dismissed. Doe did not properly plead copyright misuse.  Doe pled that Malibu made a business out of…
  • Stay Pending Inter Partes Review Warranted by Plaintiff’s Delay in Filing Suit

    R. David Donoghue
    27 Aug 2014 | 3:08 am
    Ignite USA, LLC v. Pacific Market Int’l, LLC, No. 14 C 845, Slip Op. (N.D. Ill. May 29, 2014) (Holderman, J.). Judge Holderman granted defendant Pacific Marketing International’s (“PMI’s”) motion to stay plaintiff Ignite USA’s patent litigation case pending the results of PMI’s Inter Partes Review (“IPR”) seeking to invalidate Ignite USA’s asserted patent regarding a drinking container. Ignite USA would not be prejudiced by a stay.  PMI promptly filed its IPR petition and the litigation was in its early stages.  Ignite USA’s…
  • Permissible Repair Doctrine Applies Where Patentee Recommends Changing the Accused Part

    R. David Donoghue
    25 Aug 2014 | 2:56 am
    Robert Bosch LLC v. Trico Prods Corp., No. 12 C 437, Slip Op. (N.D. Ill. May 21, 2014) (Grady, Sen. J.). Judge Grady denied defendants’ (collectively “Trico”) motion for summary judgment of noninfringement with respect to Trico’s Duralast Flex Blade windshield wiper blade in this patent infringement dispute.   As an initial matter, the Court held that a first sale in the United States is still required for patent exhaustion, even if a US first sale is not required for copyright exhaustion.   To the extent that plaintiff Robert Bosch (“Bosch”) sold some wiper…
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    Ohio Employer's Law Blog

  • Confirm, but don’t fish, when seeking return-to-work medical info under the ADA

    Jon Hyman
    16 Sep 2014 | 4:43 am
    The EEOC has sued Minnesota-based Cummins Power Generation for requiring an employee to submit to an alleged overly broad fitness-for-duty examination. According to the EEOC: In its lawsuit, the federal agency contended that Cummins required an employee to sign various medical release forms that sought irrelevant information. Cummins informed the employee that he had to sign a release before taking a fitness-for-duty examination. When the employee objected to executing the releases presented to him, Cummins informed him that he had to sign a release or face termination. Cummins ultimately…
  • Cutetallica — 4 lessons in talent management

    Jon Hyman
    15 Sep 2014 | 4:45 am
    Those of you who’ve been reading for awhile know that my 8-year-old daughter plays in a rock band. “Band” might be too ambitious of a term. She’s taken guitar lessons at School of Rock, in Strongsville, Ohio, for a couple of years, and since January has taken part in its performance program, which is known as Rock 101 for the beginner musicians. For her first set of performances in January, she was the only student, leaving her to play guitar and sing on every song. That pattern continued for her next set of shows in May, as the band added a drummer, but no singers. Norah performed…
  • WIRTW #336 (the “tinder-box” edition)

    Jon Hyman
    12 Sep 2014 | 4:56 am
    If you’re a start-up in the business of selling online dating through an iPhone app, its probably best that one of your executives not be accused of sexual harassment. Thus, it shouldn’t come as a surprise that earlier this week, Tinder’s chief marketing officer resigned as part of a settlement of a sexual harassment claim levied by one of the company’s female co-founders. From USAToday: Justin Mateen, the Tinder executive accused of sexually harassing a coworker he had dated, has resigned from the company. The resignation came as the dating startup settled the sexual harassment…
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    Privacy Law Blog

  • Major Barrier to E-Commerce in Middle East and North Africa is Fear about Data Security

    Laura Shovlowsky
    4 Sep 2014 | 3:46 am
    Laura Shovlowsky In a recent article published by Law 360, Proskauer litigation associate Courtney Bowman outlines how companies can make inroads in the e-commerce market in the Middle East and North Africa (MENA).  Although often overlooked, the region’s relative wealth and level of internet penetration make its more stable areas attractive markets for those companies willing to undertake the steps necessary to understand the region’s cultural nuances and customer preferences.  Two of the most significant barriers to e-commerce growth in MENA is the widespread reluctance of customers…
  • Is the Flap Over Microsoft Emails in Ireland Overblown?

    Laura Shovlowsky
    3 Sep 2014 | 12:26 am
    Laura Shovlowsky Corporate Counsel published an article authored by Nolan Goldberg, Senior Counsel, Intellectual Property and Technology, concerning the recent decision compelling Microsoft to produce e-mails located on foreign servers. The article, entitled “Is the Flap Over Microsoft Emails in Ireland Overblown?”, provides a counter-point to critics who believe that Judge Preska’s Order will have broad implications for the U.S. technology industry.
  • Capital One to Pay Largest TCPA Settlement on Record

    Margaret A. Dale
    19 Aug 2014 | 10:49 am
    Margaret A. Dale Capital One Financial Corp. (“Capital One”) and three collection agencies have agreed to pay one of the largest settlement amounts in history — $75.5 million — to end a consolidated class action lawsuit alleging that the companies used an automated dialer to call customers’ cellphones without consent in violation of the twenty-two-year-old Telephone Consumer Protection Act (“TCPA”). Judge Holderman of the Northern District of Illinois preliminarily approved the settlement in late July.  TCPA Allegations and the Proposed Settlement In 2012, separate…
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    Lawyers, Guns & Money

  • Casey‘s Original Sin

    Scott Lemieux
    16 Sep 2014 | 7:41 am
    I have a piece about the new 72-hour waiting period for women seeking to obtain an abortion that passed over Nixon’s veto in Missouri. There are regulations that are worse in terms of arbitrarily limiting abortion access.  But few are more nakedly indefensible.  Mandatory waiting periods don’t even take the superficial form of legitimate health regulations; they just make the “women are not rational moral agents” subtext of abortion restrictions text.
  • SEK discusses Guardians of the Galaxy, Marx Brothers on Graphic Policy Radio

    16 Sep 2014 | 7:23 am
    If you’re interested in what I have to say about Guardians of the Galaxy, I was a guest on Graphic Policy Radio radio talking about it last night. I made a number of claims about the film, foremost among them its indebtedness to mid-period Marx Brothers films. I also said quite about something I kept calling “old-school sci-fi wonder” — though I have no idea why I became so wedded to that phrase — and Parks and Rec, because anytime I have the opportunity to discuss Parks and Rec, I will. Check Out Pop Culture Podcasts at Blog Talk Radio with graphicpolicy on…
  • Thoughts on the Scottish Independence Referendum I: Electoral Ramifications

    Dave Brockington
    16 Sep 2014 | 1:55 am
    On Thursday, the Scots go to the polls to decide whether or not Scotland will leave the United Kingdom and become an independent country. This issue has been dominating British politics for the past few weeks, especially following the unexpected and rather dramatic tightening of the polls, following months of a seemingly unassailable No lead. This post briefly examines the future electoral ramifications for the remaining United Kingdom should Scotland vote for independence (England, Wales, and Northern Ireland).  I’m also writing a follow-on post that considers what we should expect…
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  • Sixth Circuit Joins Majority in Rejecting Discovery Rule for UCC Check Conversion Claims

    16 Sep 2014 | 7:36 am
    The United States Court of Appeals for the Sixth Circuit has joined with the majority of courts in rejecting application of the discovery rule for check conversion claims under the Uniform Commercial Code ("UCC").  In Pate v. Huntington Nat'l Bank, et al., 560 Fed.Appx. 506 (2014), the Sixth Circuit addressed the application of Ohio's general statutory discovery rule for the wrongful taking of personal property in the context of check conversion subject to UCC § 3-118(g).  Ohio Rev. Code § 2305.09 provides that a cause for wrongful taking of personal…
  • FERS Disability Retirement: The "other" system

    16 Sep 2014 | 3:19 am
    Information concerning Federal Disability Retirement benefits will often refer to the universe of "FERS" employees (acronym for Federal Employees Retirement System, which was enacted by Congress in 1986 and became effective the following year), with little to no information concerning its replacement system, the Civil Service Retirement System (CSRS).  There are, additionally, some hybrid systems, sometimes referred to as CSRS-Offset; but FERS & CSRS constitute the crux of employment systems of retirement for all Federal employees and Postal workers. The reason for the…
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    Connecticut Employment Law Blog

  • How Long Can You Enforce a Non-Compete Agreement For?

    Daniel Schwartz
    15 Sep 2014 | 4:19 am
    Back in June, I talked about the standard that courts will follow in deciding whether or not to enforce a non-compete agreement between an employer and an employee.  (Go read it here first.) But many employers want to know something more straightforward: How long can I make the restrictive covenant in my agreement; in other words, how long can the non-compete provision be? The answer, of course, is “it depends” — in general, the higher-ranked the employee, the broader the scope of the non-compete.  And it also depends on other factors, such as the type of businesses the…
  • Domestic Violence Awareness: Resources for Employers

    Daniel Schwartz
    12 Sep 2014 | 4:58 am
    This post is not going to discuss, in my view, the NFL’s inadequate response over the years to domestic violence incidents by players in the league.  (If you want to listen to a full take down of the NFL, I recommend Slate’s The Gist podcast from yesterday.) Rather, I want to talk today about how Connecticut employers can address domestic violence when such incidents have an impact on work. As I talked about in August, the ABA adopted a Model Workplace Policy in Employer Responses to Domestic Violence.  It worth a look at for most employers. An “employer who does adopt it…
  • Seven Years Later….

    Daniel Schwartz
    8 Sep 2014 | 7:22 am
    Can it really be seven years since my first blog post? But as I look back on my ”Welcome” post (which may or may not have been posted on September 12, 2007, though I was writing before them), there IS proof that I started this little blog seven years ago. The Welcome post was full of lofty ideas, some of which have lasted, and some of which sounded better in theory than practice.  But I think I’ve been true to my original intent which was to focus on “on new and noteworthy developments in the employment law arena, particularly as they may impact those in…
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    JD Supra Hot Docs - Newsworthy Legal Filings From the Source

  • In Re Proper Courtroom Attire : Order Directing Proper Attire Be Worn by Todd A. Glickfield

    Ian Imrich
    12 Sep 2014 | 3:49 pm
    Case Name: In Re Proper Courtroom Attire Document Name: Order Directing Proper Attire Be Worn by Todd A. Glickfield Post Date: 09/12/2014 Filing Date: 08/26/2014 Document Summary: Per Judge Dean A. Young: "The Blackford Circuit Court considers socks to constitute a part of 'appropriate business attire' for male members of the bar presenting cases before the court," the order says.That rule, the judge explained in the order, is applied to all other attorneys who appear in Young's court and was approved by the Indiana Supreme Court in 2010.But a spokeswoman for the…
  • Knecht v. City of Cincinnati, Ohio, et al: Order rejecting Report and Recommendation; denying defts motions to dismiss; granting pltf limited leave to amend.

    christopher knecht
    9 Sep 2014 | 7:10 pm
    Case Name: Knecht v. City of Cincinnati, Ohio, et al Document Name: Order rejecting Report and Recommendation; denying defts motions to dismiss; granting pltf limited leave to amend. Post Date: 09/09/2014 Filing Date: 09/04/2014 Document Summary: Order declining to adopt Report and Recommendation of Magistrate Judge; denying defendants' motions to dismiss; granting plaintiff leave to file limited amended complaint.Case deals with inaccurate criminal records and the deprivation of liberty interests as a result of disseminating said records. Contributor: christopher knecht [Full Profile |…
  • Leroy Fonteno v. Wells Fargo Bank, N.A.: Fonteno v. Wells Fargo Bank, N.A. Re: California Foreclosure Sale Reversed

    Barry Fagan
    8 Sep 2014 | 5:51 am
    Case Name: Leroy Fonteno v. Wells Fargo Bank, N.A. Document Name: Fonteno v. Wells Fargo Bank, N.A. Re: California Foreclosure Sale Reversed Post Date: 09/08/2014 Filing Date: 09/08/2014 Document Summary: In 2011, Wells Fargo foreclosed on the plaintiffs’ residential mortgage loan and purchased their home at a trustee sale conducted by First American. Plaintiffs sued, alleging, that defendants violated their deed of trust’s incorporation of a pre-foreclosure meeting requirement contained in National Housing Act (NHA) regulations and the Federal Debt Collection Practices Act (FDCPA). The…
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    Special Education Law Blog

  • Weekly Question!

    Jim Gerl
    15 Sep 2014 | 6:01 am
    Bullying remains the hot button issue in special education law, and many people feel that it reflects a larger and ugly societal problem. Have you had any experiences with kids with disabilities being the victim of bullying?------- Thanks for subscribing! Jim Gerl
  • Bullying of Kids With Disabilities - Part I

    Jim Gerl
    9 Sep 2014 | 8:16 am
    Seal, United States Court of Appeals for the Third Circuit (Photo credit: Wikipedia)Bullying is a real problem in our society.  Bullies often take advantage of those whom they perceive as weaker.  The Columbine tragedy brought the problem to a higher level of public awareness, but the problem persists.Kids with disabilities are often singled out by bullies.  This has become one of the hottest of hot button issues in special education law.  Several laws could be implicated, but my focus here will be upon whether bullying can constitute a violation…
  • Weekly Question!

    Jim Gerl
    8 Sep 2014 | 6:00 am
    Bullying remains the hot button issue in special education law, and many people feel that it reflects a larger and ugly societal problem. Have you had any experiences with kids with disabilities being the victim of bullying?------- Thanks for subscribing! Jim Gerl
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    Drug Injury Watch

  • Summer 2014 Update YAZ / Yasmin / Ocella / Gianvi Litigation: Bayer Reports On Total Settlements And Number Of Pending Claims

    Tom Lamb
    12 Sep 2014 | 10:20 am
    Perhaps The Slow-Going Over Past Year Will Be Changed By Upcoming Mediations With Two Special Masters Appointed Recently By Judge Herndon (Posted by Tom Lamb at In their Stockholders' Newsletter Financial Report as of June 30, 2014, Second Quarter of 2014 (PDF) Bayer informs at page 54 that as of July 2, 2014: Settlements with about 8,900 claimants for total of $1.8 billion; The number of pending claims with deep vein thrombosis (DVT) and/or pulmonary embolism (PE) -- the "venous clot injuries" -- is approximately 2400; and, There are an estimated 2,600 claims with other…
  • Eliquis And Xarelto, Like Pradaxa, Linked To Serious Bleeding Events Due To Fact No Antidote Available

    Tom Lamb
    5 Sep 2014 | 1:15 pm
    Hemorrhages And Gastrointestinal (GI) Bleeds Are Eliquis And Xarelto Side Effects That Can Cause Deaths (Posted by Tom Lamb at Eliquis and Xarelto are new anticoagulants, i.e., blood thinners, that -- unlike Coumadin (warfarin) -- do not require regular INR monitoring and dose adjustments. Eliquis (apixaban) and Xarelto (rivaroxaban) are "factor Xa" drugs and they work differently from warfarin. These new blood thinners reduce thrombin production by inhibiting an enzyme called factor Xa instead of inhibiting vitamin K's clotting ability. A real danger or problem that…
  • End Of Summer 2014 Update: Fosamax - Femur Fracture Lawsuits In The New Jersey Consolidation / Multicounty Litigation

    Tom Lamb
    29 Aug 2014 | 1:19 pm
    State Superior Court Judge Nelson Johnson Now Presiding Over About 2880 Cases, According to Merck SEC Report Filed In August 2014 (Posted by Tom Lamb at There is some news but not much to report about the New Jersey Multicounty Litigation where the Fosamax femur fracture lawsuits are centralized. Judge Carol Higbee, who was moved to a New Jersey appellate court position in the spring of 2014, has been replaced by the Honorable Nelson C. Johnson, of the New Jersey Superior Court in Atlantic County. According to the New Jersey Courts web site page for this Fosamax…
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    Bankruptcy Home Blog

  • Can I file bankruptcy on my own?

    10 Sep 2014 | 5:13 am
    Visit for the original content posted here, Can I file bankruptcy on my own? Filing bankruptcy with the assistance of a bankruptcy attorney can be expensive, especially if you are struggling to pay for your basic financial needs. But do you really need a lawyer to file bankruptcy? Is there no way for you … Continue reading →
  • Medical bills will they be gone if I file Chapter 7?

    25 Aug 2014 | 9:44 am
    Visit for the original content posted here, Medical bills will they be gone if I file Chapter 7? Given the increased cost in medical care and the new push for businesses to cut worker’s hours so they do not have to pay for medical insurance there are millions of U.S. citizens who have medical bills they cannot pay. … Continue reading →
  • Will bankruptcy keep me out of jail?

    19 Aug 2014 | 9:45 am
    Visit for the original content posted here, Will bankruptcy keep me out of jail? Recently on our legal forum a user asked, “Will filing bankruptcy keep me out of jail?” Not only do most debt collectors not have the right to send you to jail, federal and state consumer collection laws, including the Fair … Continue reading →
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    Asbestos HUB

  • Asbestos And Mesothelioma Information From United States Government Helps With Understanding The Medical Diagnosis And The Disease Process

    Tom Lamb
    11 Sep 2014 | 1:57 pm
    We understand that when you are, or a loved one is, diagnosed with an asbestos-related disease such as asbestosis, lung cancer, or mesothelioma there is a pressing need to learn more about the situation. It is important in this situation to visit “trusted” web sites with accurate information. Here are some web sites from the US Government which can be relied upon as regards the medical facts concerning an asbestos cancer or asbestos disease diagnosis and what it means. Asbestos – Health Effects (ATSDR) Asbestos Exposure and Cancer Risk (National Cancer Institute – US…
  • Asbestos Diseases Continue To Be Diagnosed Today, Many Years After Exposure, And In All Types Of People, Not Just Building Trades Workers

    Tom Lamb
    3 Sep 2014 | 12:13 pm
    There is a new comprehensive article about the affects of asbestos diseases in Britain which highlights the long latency period and why many “unexpected” people develop mesothelioma, for example. This article, “Asbestos: The Killer That Still Surrounds Us“, by Harry de Quetteville, was published online September 1, 2014.  It deserves a full read by anyone who is interested in the asbestos-mesothelioma experience, from the diagnosis to the end. From this compelling article: The reason that we are feeling its deadly effects now is that, though asbestos use has been…
  • More Learned About Role Of CD157 As Regards Malignant Pleural Mesothelioma Which Could Be Useful In Planning Mesothelioma Treatments

    Tom Lamb
    26 Aug 2014 | 12:12 pm
    We are always on the look-out for developments that may advance the treatment options for mesothelioma patients. In mid-August 2014 we found this news report, “CD157 important in malignant pleural mesothelioma”, from which we get this recent research information: CD157 plays a pivotal role in the progression of malignant pleural mesothelioma (MPM) and may be useful in the stratification of patients into different prognostic groups, Italian research suggests. CD157 is known to contribute to tumour progression in ovarian cancer by promoting mesenchymal differentiation, and parallels…
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    Undercover Lawyer

  • New Hostile Workplace Book Cover Reveal: How You Voted

    27 Aug 2014 | 10:31 pm
    Thank you all so very much for voting on which cover to use for the new, greatly expanded version of my book.  Without further ado, here’s the winner: The book cover image that I liked best and would have chosen came in third place!  The cover that came in first place by a wide margin and won the contest was “Breaking free of shackles”, as pictured above.  Second place in the cover voting was “Stressed worker”, which is the current cover on the book and is pictured here: This surprised me too. It obviously works as a cover, since the book as sold well over time. But, it looks…
  • The Hostile Work Environment That Brought Down Paula Deen

    22 Jul 2013 | 8:07 pm
    Many people do not realize that Paula Deen’s troubles do not just stem from her admitting that she used the N-word, but that she admitted using the N-word during a hostile work environment lawsuit filed against her.  Even if you are a huge Paula Deen fan, you probably have more in common with the employee than you have in common with Paula Deen.  Do any of these things sound like something you’ve experienced at work? You suffer through work days under a supervisor who: Makes sexual comments Utters racist remarks Looks up dirty jokes and pictures on his office computer Promotes…
  • Do Nurses in a Hostile Work Environment Have a Duty to Second Guess the Doctor?

    15 Jun 2013 | 4:46 pm
    When a patient sues a doctor, the patient often wants to sue the nurses too. Why? Because if the patient can convince the jury that not only the doctor, but also the nurses, made a mistake then the doctor’s insurance and the hospital’s insurance are on the hook. It’s about finding as many deep-pockets as possible. Often times, the nurses didn’t make any mistakes. The nurses are supposed to follow the orders given by the doctor. And they usually do. So how can a patient and his/her lawyer sue a nurse who simply followed doctor’s orders? One of the most frequent tactics is by claiming…
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    Real Lawyers Have Blogs

  • Lawyers turn to social media and blogging for professional development

    Kevin O'Keefe
    15 Sep 2014 | 10:14 pm
    I was on a phone call recently with a major publisher discussing social media programs for lawyers. She asked in addition to the business development aspects of social media if lawyers were using social media for professional development. Great question on her part. Lawyers do use social media for professional development and they are not alone as professionals doing so. Pamela Lewis Dolan (@Plewisdolan) reports for American Medical News that many physicians are turning to social media to help them manage the overwhelming amount of new information they need to know to provide quality care. A…
  • Top 10 in Law Blogs: Bitcoin in M&A, Lululemon IP, Moneyball in Employment Law

    Colin O'Keefe
    15 Sep 2014 | 5:30 pm
    Big data is everywhere nowadays, whether it’s dealing with consumers—or employees. Today we have two interesting posts on the use of data, one from InsidePrivacy on ways to use data without violating people’s privacy, and The Labor Dish on Moneyball-like analytics in employment law. Total posts on the LexBlog Network today: 182. The New Protected Class: Unpaid Interns (Are They Worth the Trouble?) – Milwaukee lawyer Bernard Bobber of Foley & Lardner on the firm’s blog, Labor & Employment Law Perspectives Big Pharma – Pushing Antipsychotics On Nursing…
  • Join me at Clio Cloud Conference in Chicago

    Kevin O'Keefe
    15 Sep 2014 | 2:02 pm
    What do you call it when one of Canada’s fastest growing technology startups puts a few hundred tech savvy lawyers in one event hall with mind–blowing sessions, awesome food and of course a few drinks? A Clio Cloud Counference. The two day program has a who’s who of speakers who are experts in their field and who are shaping the rapidly-evolving legal technology landscape. Carolyn Elefant and Richard Susskind are keynoting. It’s my honor to be speaking on content marketing on Monday afternoon. Register here and you will receive $400 off with LexBlog’s discount code.
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    Securities Docket

  • Securities Docket News Wire for September 15, 2014

    Securities Docket
    16 Sep 2014 | 5:55 am
    The SEC – now killing many birds with one “big data” stone: 5 takeaways | DLA Piper -> Fallen Brazilian Mogul Eike Batista Accused of Insider Trading – ->
  • Just One Month Until Securities Enforcement Forum 2014!

    Securities Docket
    16 Sep 2014 | 4:35 am
    Securities Enforcement Forum 2014 is now just one month away! Have you registered yet? On Tuesday, October 14, 2014, the key players in the securities enforcement world will come together at the Four Seasons Hotel in Washington, D.C. to attend Securities Enforcement Forum 2014. Six extraordinary panels featuring 36 of the leading regulators, prosecutors and private attorneys in the field have now been set. (Click here for full details on the Agenda and Panels). Securities Enforcement Forum 2014 will be anchored by two can’t-miss Keynotes by U.S. Attorney Preet Bharara of the Southern…
  • Securities Docket News Wire for September 14, 2014

    Securities Docket
    15 Sep 2014 | 5:55 am
    Have crackdowns on insider trading gone too far? | Financial Post -> To Be Clear, SEC Reviewers Want Filings in Plain English, Period – WSJ ->
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  • CPLR 3216 [need new notice after NOT/NOI is vacated or stricken]

    David M. Gottlieb
    16 Sep 2014 | 6:40 am
    CPLR 3216 Diemer v Eben Ezer Med. Assoc., 2014 NY Slip Op 05832 [2nd Dept. 2014] CPLR 3216 permits a court to dismiss an action for want of prosecution only after the court or the defendant has served the plaintiff with a written demand requiring the plaintiff to resume prosecution of the action and to serve and file a note of issue within 90 days after receipt of the demand, and also stating that the failure to comply with the demand will serve as a basis for a motion to dismiss the action. As CPLR 3216 is a legislative creation and not part of a court's inherent power, a court may not…
  • "leave to renew upon proper papers" / no successive SJ

    David M. Gottlieb
    16 Sep 2014 | 6:34 am
    Hunter Sports Shooting Grounds, Inc. v Foley, 2014 NY Slip Op 05952 [2nd Dept. 2014] The Supreme Court properly denied the Town's motion for summary judgment dismissing so much of the complaint as alleged that the noise ordinance was unlawfully and improperly applied to the plaintiff. In a prior order dated October 6, 2011, the Supreme Court denied that branch of the Town's prior motion which was for summary judgment dismissing so much of the complaint as alleged that the noise ordinance was unlawfully and improperly applied to the plaintiff "without prejudice to timely…
  • CPLR 2001 [must be merely technical]; CPLR 5015(a)(4)

    David M. Gottlieb
    16 Sep 2014 | 6:27 am
    CPLR 2001 CPLR 5015(a)(4) Segway of N.Y., Inc. v Udit Group, Inc., 2014 NY Slip Op 05971 [2nd Dept. 2014] However, the Supreme Court erred in applying CPLR 2001 so as to disregard the facial defects in the summons and notice of motion that were identified by the defendants. That section "may be used to cure only a technical infirmity'" (Ruffin v Lion Corp., 15 NY3d 578, 582, quoting Matter of Miller v Board of Assessors, 91 NY2d 82, 87). "In deciding whether a defect in service is merely technical, courts must be guided by the principle of notice to the defendant—notice…
  • CPLR 3212(f); 3126; staged accident

    David M. Gottlieb
    16 Sep 2014 | 6:11 am
    CPLR 3212(f) CPLR 3126 Johnson v Richardson, 2014 NY Slip Op 05956 [2nd Dept. 2014] "A party opposing summary judgment is entitled to obtain further discovery when it appears that facts supporting the opposing party's position may exist but cannot then be stated" (James v Aircraft Serv. Intl. Group, 84 AD3d 1026, 1027 [internal quotation marks omitted]; see CPLR 3212[f]; Wesolowski v St. Francis Hosp., 108 AD3d 525, 526; Jones v American Commerce Ins. Co., 92 AD3d 844, 845; Juseinoski v New York Hosp. Med. Ctr. of Queens, 29 AD3d 636, 637). "This is especially so where the…
  • Judgments [money and real]

    David M. Gottlieb
    15 Sep 2014 | 8:38 am
    CPLR 211 CPLR 5203 CPLR 5014 Guerra v Crescent St. Corp., 2014 NY Slip Op 05948 [2nd Dept. 2014] "Since a money judgment is viable for 20 years, but a lien on real property is only effective for 10 years (see CPLR 211[b]; 5203[a]), the Legislature enacted CPLR 5014 to allow a judgment creditor to apply for a renewal of the lien by commencing an action for a renewal judgment" (Schiff Food Prods., Co, Inc., v M & M Import Export, 84 AD3d 1346, 1347-1348; see Gletzer v Harris, 12 NY3d 468, 473; Rose v Gulizia, 104 AD3d 757, 757-758; Premier Capital, LLC v Best Traders, Inc., 88…
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    HealthBlawg :: David Harlow's Health Care Law Blog

  • HIMSS Privacy and Security Forum: Managing Social Media While Protecting Privacy and Security

    David Harlow
    9 Sep 2014 | 1:44 pm
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
  • OCR Audits: The Skinny

    David Harlow
    9 Sep 2014 | 11:44 am
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
  • Health Care Conferences This Fall

    David Harlow
    27 Aug 2014 | 9:31 am
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
  • Massive data breach. Time for sports analogies?

    David Harlow
    22 Aug 2014 | 12:02 pm
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
  • Practice Pointers in the Wake of the Johns Hopkins Hospital Privacy Settlement

    David Harlow
    11 Aug 2014 | 12:14 pm
    We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
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    P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

  • Damages – Compensation for Accidents and Personal Injury

    Bob Kraft
    16 Sep 2014 | 6:58 am
    Accidents are an aptly named concept. Occurring anywhere and anytime, road accidents are the leading cause of deaths in the US. Research indicates that about 1.3 million people die in road crashes every year. That makes an average of 3,287 deaths a day.A road accident, be it a completely totaled car or a mere fender-bender, most likely involves major expenses. It will not only have your car in the shop for a few days or more, but also have you filing claims for damages with an insurance company. In worst cases you would be making the rounds of a hospital.While not all accidents are similar…
  • Driver Dangers: What Career Drivers Should Know to Stay Safe

    Bob Kraft
    15 Sep 2014 | 7:33 am
    When you’re driving as a career, you have to spend more time than regular commuters on the road, and with daily driving comes challenges and safety concerns you must stay aware of all the time. To stay safe on the road and keep others safe from the load you may be carrying, it’s important to think about truck safety. These safety tips will help you stay alert and stay safe. Motorist Safety The number one concern drivers have to face is other drivers. You must always be alert to your fellow motorists because often they are not aware of how long it takes a truck to come to a stop.
  • Friday Fun

    Bob Kraft
    12 Sep 2014 | 3:26 am
    Puppies and kittens, vs. mirrors.
  • Texas Homeowners Insurance Rate Increases

    Bob Kraft
    11 Sep 2014 | 7:23 am
    I’ve been complaining about the Texas homeowner rate change procedures for as long as I can remember — the system is rigged in favor of insurance companies. An article in the Texas Tribune provides some insight into this seedy business, this time relate to candidate for governor Greg Abbott. Here are the opening paragraphs: As Texas neared the end of a decade-long legal fight over homeowners’ insurance rates with Farmers Insurance Group in December, the company’s employees PAC gave $50,000 to the gubernatorial campaign of Attorney General Greg Abbott — the top…
  • What You Should Know About Assault & Battery Injuries

    Bob Kraft
    10 Sep 2014 | 7:41 am
    Lawsuits are often filed when someone has been injured. When that injury is not the result of an accident, but rather intentional, then it may fall under the label of an assault and battery. What these terms mean, and the difference between them, can be confusing. Specific laws may vary depending upon the state you live in, however, there are a few general principles that can clarify the issue. An assault is a situation in which you are made to feel a real, immediate, and intentional threat, or even touched in a harmful way, from someone else. The biggest factor that tends to confuse people…
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    Marquette University Law School Faculty Blog

  • 7th Circuit Affirms District Court Ruling Invalidating Wisconsin’s Marriage Amendment

    Lisa A. Mazzie
    15 Sep 2014 | 3:41 pm
    Judge Richard Posner minces no words. In an opinion dated September 4, Judge Posner wrote for a unanimous 7th Circuit panel, affirming the Wisconsin district court’s decision invalidating Wisconsin’s so-called marriage amendment. (I reviewed the district court decision here.) Wisconsin’s case—Wolf v. Walker—was heard with its equivalent from Indiana—Baskin v. Bogan—and both states saw their prohibitions on same-sex marriage crumble. The court confines its analysis to equal protection, avoiding the Fourteenth Amendment substantive due process argument (marriage as a fundamental…
  • “I Want to Make Sure I Don’t Educate Monsters”

    Alan J. Borsuk
    15 Sep 2014 | 10:51 am
    During an “On the Issues with Mike Gousha” discussion at Eckstein Hall on Sept. 11, Michael Berenbaum, a prominent scholar of the Nazi Holocaust, described the Wannsee Conference held near Berlin on Jan. 20, 1942, when 15 leaders from branches of the German government met to develop ways to cooperate effectively in killing Jews by the hundreds of thousands. The leaders did not set the policy of killing Jews, he said, but they greatly increased the pace and efficiency of the genocide. At the time of Wannsee, four out of five of the six million Jews murdered during the Holocaust were still…
  • Chasing Happiness

    Melissa L. Greipp
    12 Sep 2014 | 8:59 am
    A July 2014 article in the Wisconsin Lawyer magazine describes a nationwide study about the happiness of lawyers.  This study shows factors that correlate with lawyer happiness, as well as those that don’t correlate.  Those factors that correlate most strongly are what the article calls internal factors, and the factors that are least likely to correlate are external factors.  The internal factors relate to how well a person is able to communicate and interact with others, and the external factors relate to points largely outside one’s immediate control. The article highlights the…
  • Lovell Wants to Build on “Penned Up Energy” of Marquette Community

    Alan J. Borsuk
    9 Sep 2014 | 6:42 pm
    One thing Michael Lovell has learned about Marquette University since starting as president on July 1 is that there are many people on campus who have great pride in the institution and who want to make it better. “There’s a lot of penned up energy,” Lovell said during an “On the Issues with Mike Gousha” session at Eckstein Hall on Tuesday. “People have some great ideas and they’re just waiting to go . . . For some reason or other, they just didn’t feel empowered to take those great ideas and just make them happen.” That will be one of his…
  • Time for Changes in the Policies of Major League Soccer

    Tyler Coppage
    9 Sep 2014 | 12:18 pm
    Major League Soccer (MLS) is the top-flight soccer league in the United States. Unlike professional soccer leagues in other nations, MLS does not use a federation model. In a federation model, a governing association controls each level of the sport, from the amateur ranks that play on Saturday afternoons to the highly paid professionals. In this structure, any team is theoretically capable of reaching the highest level of the pyramid because teams are promoted and relegated up and down the ranks at the end of each season. Instead, the structure of MLS is more akin to other American leagues:…
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    Green Building Law Update

  • Saint Paul has an Alternative to LEED

    Stuart Kaplow
    26 Aug 2014 | 8:56 am
    Much has changed, but much has remained the same, in the arena of green building law mandates since March 18,2002, when the city of Normal, Illinois enacted Ordinance 4825, the first ever mandatory green building law, requiring LEED certification in the Central Business District for public or private new construction of over 7,500 square feet. Many thought green building mandates would spread across the county. But today, with more than 89,000 local governments across the U.S., there are less than 200 green building mandates that apply to ‘purely’ private building.  Among the…
  • Attend Greenbuild: The Best Way To Grow Your Business

    Stuart Kaplow
    13 Aug 2014 | 4:20 pm
    I was delivering a lunchtime speech to a group of real estate professionals yesterday and the first question I received was “how can I expand my green building business?” I retell that because it is a variation of the question I receive most often these days about green building. My answer is simple. Attend the U.S. Green Building Council’s annual Greenbuild Conference and Expo.     This year Greenbuild is in New Orleans from October 22 - 24.  I am not a business marketing expert, but Greenbuild has been the number one source of new business for my green…
  • Enterprise Green Communities Criteria Being Updated

    Stuart Kaplow
    10 Aug 2014 | 4:39 pm
    In 2015 the use of LEED v4 will become mandatory, a new 2015 International Green Construction Code will be available, an updated ASHRAE 189.1 will be published, the new ICC 700 National Green Building Standard will be approved, and there will be a 2015 Enterprise Green Communities Criteria.  In the arena of green building standards, green rating systems and green codes among the widely respected residential rating systems is the Enterprise Green Communities Criteria. While the Criteria was developed by Enterprise to “provide a clear, cost-effective framework for all affordable…
  • Litigation Over First Ever LEED Platinum Building Tarnishes Green Building

    Stuart Kaplow
    4 Aug 2014 | 5:48 pm
    Last week, a federal appeals court brought back from the dead, a more than $6 Million lawsuit filed over materials supplied in 2000 for the first ever LEED certified Platinum building. Despite that the unpublished opinion is not binding precedent, it will have a chilling effect on green building and in particular on the selection of new or untried materials and products that are the keystone of many sustainable projects.  The Chesapeake Bay Foundation v. Weyerhaeuser Company arose from the construction in 1999 of the Chesapeake Bay Foundation’s headquarters in Annapolis, Maryland.
  • Lawsuit Over LEED Documentation

    Stuart Kaplow
    27 Jul 2014 | 1:48 pm
    A case filed last week in a California court is a prime example of the importance of contract documents in a LEED project. Earlier this year the City of Palo Alto gave notice firing Flintco Pacific, Inc., the general contractor responsible for construction of the Mitchell Park library, a proposed LEED Platinum project. With a performance bond in place, the City and the surety announced in early March that they has negotiated a takeover agreement that will allow a new contractor to complete construction.  But the current dispute playing out in letters between counsel for Palo Alto and…
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    California Employment Law Report

  • Friday's Five: Five things every California employer needs to know about the newly enacted paid sick leave law

    Anthony Zaller
    12 Sep 2014 | 12:05 pm
    On September 10, 2014, the Governor signed into law a bill that requires a minimum of three paid sick days per year for employees. The new law applies to all employers, regardless of size. Here are five essential points employers must understand to begin the process of meeting their obligations under the new law. 1. How much paid sick time must employers provide employees? Starting on July 1, 2015, any employee who works in California for 30 or more days within a year is entitled to paid sick days. Employees accrue paid sick days at the rate of one hour for every 30 hours worked,…
  • Friday's Five: Five items to understand about employee personnel files under California law

    Anthony Zaller
    5 Sep 2014 | 5:17 pm
    1. Current and former employees have the right to inspect or copy personnel files. Under Labor Code section 1198.5 employees have the right to inspect or receive copies of personnel files and records relating to the employee’s performance or grievance concerning the employee. Employers are legally required to maintain personnel files for at least three years after the employee stops working for the employer. However, since the statute of limitations for wage and hour claims can extend back four years, many employers keep the files at least four years. 2. The terms “personnel…
  • Friday's Five: Top Five Points To Understand About Mediation

    Anthony Zaller
    29 Aug 2014 | 10:44 am
    Five items parties need to understand about mediation. 1. Mediation is non-binding. Mediation is a voluntary process in which litigants (or even parties prior to litigation) agree to use a private third-party to help settle the case. People sometimes confuse mediation with arbitration. Arbitration is when parties agree to use a private third-party to hear their case, much like a judge, to make decisions about the case, and eventually decide the case. Arbitration can be binding on the parties, and the arbitrator actually decides who is right and wrong as a matter of law. On the other hand, a…
  • Friday's Five: Five areas of liability facing California employers

    Anthony Zaller
    15 Aug 2014 | 6:25 pm
    1. Meal and rest breaks. If you did not know of this exposure already existed in California, can I recommend some reading here, here and here? 2. Exempt vs. non-exempt classification of employees. The default under California law is that every employee is entitled to overtime pay at a rate of time and a half or double of the employee’s hourly rate of pay. An employee is not entitled to overtime if the employer meets its burden in establishing that the employees qualifies under one of legally proscribed exempt positions (the positions are called exempt because the employee is exempt from…
  • Friday's Five: More than five required items that should be included in a new hire packet

    Anthony Zaller
    1 Aug 2014 | 4:13 pm
    Here is a list of some of the required notices employers must provide to new employees in California. Sometimes I have a hard time coming up with five rules or items for the Friday’s Five list, but not this time – I blew through five items (it is California after all):  Document Title Link to Document Notice to Employee (Wage Theft Prevention Act) (for non-exempt employees) Download here I-9 – Employment Eligibility Verification Download here Right to Workers’ Compensation Benefits pamphlet Download here State Disability Insurance Provisions pamphlet - DE…
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    The Rainmaker Blog

  • New Competition for Law Firms: Their Own Clients

    Stephen Fairley
    15 Sep 2014 | 2:15 pm
    An article at yesterday pointed up a growing source of competition for many law firms: their own clients. There are probably some of you reading this right now who have already experienced this shift, which started during the recession and now appears to be sticking.  According to an analysis of 300 corporate counsels by BTI Consulting Group, 58% of larger companies are sending more of their legal work to in-house attorneys. In-house counsel is now increasingly performing the work that junior attorneys at law firms used to cut their teeth on like contracts and real estate…
  • How Social Media Can Help Attorneys Build a Robust Referral Network

    Stephen Fairley
    12 Sep 2014 | 3:43 pm
    I’m in San Diego today getting ready to speak before The State Bar of California Annual Meeting general assembly on how to use social media to build referrals.  It’s no secret that many attorneys are reluctant to engage on social media because they may view it as an enormous time-suck.  If that’s your attitude, then may I suggest you are looking at it the wrong way?  Instead of viewing social media as just another demand on your time, you should be looking at it as a highly effective, low-cost way to beef up your referral network. Here’s how social media…
  • How to Build Trust Online by Being Human

    Stephen Fairley
    11 Sep 2014 | 3:40 pm
    All you have to do is troll your own Facebook or LinkedIn account to know that there is LOTS of content online. In fact, a recent post at noted that more content is published every day on Facebook than is found in every book published in human history! So how do you stand out from that enormous crowd and earn the trust you need to succeed with your social media marketing program?  Buffer provides these tips: Use personal pronouns.  Using personal pronouns in your posts -- I, we, you, me, etc. -- and being more conversational elicits empathy from an audience, getting …
  • How B2C Attorneys Can Navigate the Shifting Legal Marketing Landscape

    Stephen Fairley
    10 Sep 2014 | 4:03 pm
    Whether you know it or not, the legal marketing landscape is shifting below your feet if you are a B2C attorney.  The evidence for this can be found in these recent developments: On August 8, the ABA announced that it is launching a pilot program in partnership with online legal services provider Rocket Lawyer in an attempt to reach what the ABA calls a “horribly underserved market” -- i.e., consumers and small business owners who otherwise would not be using an attorney.  For this pilot program, ABA members in select states will provide legal services through Rocket…
  • The #1 Thing You Absolutely, Positively Must Have to Convert Leads

    Stephen Fairley
    9 Sep 2014 | 3:53 pm
    To improve your lead conversion process you not only have to have the right people, but you also have to have the right system.   A lot of law firms don’t use a system. They don’t have protocols, they don’t have checklists, they don’t have step one/step two/step three, and they don’t have software. You need all of that if you’re really going to have a well-oiled machine that is going to convert the maximum number of leads possible. And it’s software that drives all of this. By the way, Excel is not a system; Outlook is not a system. They may be…
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    Defending People

  • Robert S. Bennett (Absolutely No Relation)

    Mark Bennett
    5 Sep 2014 | 11:36 am
    I’ve written about Robert S. Bennett from time to time, and I’m not impressed by him. But neither was I impressed with the State Bar’s effort to disbar him, which effort succeeded in March. Robert S. Bennett was barred: from practicing law in Texas, holding himself out as an attorney at law, performing any legal services for others, accepting any fee directly or indirectly for legal services, appearing as counsel or in any representative capacity in any proceeding in any Texas court or before any administrative body or holding himself out to others or using his name, in any…
  • ¡Justice, Sí, Safety, No!

    Mark Bennett
    4 Sep 2014 | 8:14 pm
      Harris County District Judge Katherine Cabaniss’s email pleading for votes in the popularity contest that is the Houston Bar Association’s Judicial Preference Poll (via Robb Fickman, who I hope will have something to say about it when he’s out of trial) is right across the SWRVs’1 home plate: Dear Fellow HBA Member, The Houston Bar Association’s Judicial Preference Poll will be released on Monday, September 8. I am asking for your vote. In the HBA poll released earlier this year, I was voted either “Well Qualified” or “Qualified” by almost 87% of…
  • Free to Be Stupid

    Mark Bennett
    31 Aug 2014 | 9:06 am
    You think it’s insane that Arizona allows a 9-year-old to shoot at a firing range? ABC News reports that one in Texas allows them to do so at age 6. -Leonard Pitts, Jr. So we make the leap from dumbass puts fully automatic pistol in hands of little girl, winds up dead to it is insane to allow children to shoot at shooting ranges A well-run shooting range is one of the safest places in America. The rules, which when followed provide no opportunity for firearms accidents, are strictly enforced. If the question is, “should my child learn to shoot at the range, or somewhere…
  • On Twitter, Be Your Own Censor.

    Mark Bennett
    28 Aug 2014 | 5:33 pm
    When I saw this Polygon post last month, about how Twitter “gives so little attention to the now-routine harassment experienced by so many members of the service” because “it drives engagement,” I thought, “surely there’s a market solution”: I’ve done some Twitter scripting, and the three proposed tools would, I think, be easy for a third party to implement. — Mark W. Bennett (@MarkWBennett) July 31, 2014 The three proposed tools were allowing a user to block all users whose accounts are less than 30 days old, allowing a user to block all…
  • Texas Criminal First Amendment Action

    Mark Bennett
    26 Aug 2014 | 6:45 pm
    Here’s a survey of what’s going on in Texas with regard to the First Amendment in criminal cases: Texas Penal Code Section 33.021(b) (online solicitation by explicit communication) was held unconstitutional by the Texas Court of Criminal Appeals in Ex Parte Lo. In Ex Parte Chance the Court of Criminal Appeals granted relief on habeas to someone who hadn’t raised the unconstitutionality of the statute either in the trial court or on direct appeal. Concurring, Judge Cochran stated that the petitioner was actually innocent (not argued by the petitioner). Dissenting, Judge…
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    a public defender

  • More than 3.5 million reasons why the death penalty should be abolished

    16 Sep 2014 | 6:09 am
    The death penalty is crazy. It’s barbaric. It’s sanctioned murder. We should end it. Here are more than 3.5 million reasons why: 1-3.5 million: $3.5 million is how much the defense expert billed the public defender services for his work in the racial disparity hearings. Of course, the Courant when writing about it, misses the mark entirely (again) in its description of the need for this sort of work: For many taxpayers, it’s an unwelcome fact of life that they bear the cost of preserving the legal rights of convicted killers. The counter to that is that it’s the price…
  • A series of Rorschach – part one

    12 Sep 2014 | 6:19 am
    You know those “no turn on red” signs that hang from wires next to traffic signals? Some of them have holes in them. Do you know why? One theory I’ve heard is that it’s done to prevent homeless people from stealing them and using them as cover. The holes make them an ineffective blanket. Now imagine the “no turn on red” sign at your local intersection goes missing and the cops go searching for it. It’s found in the possession of the local homeless drunk/drug addict, who sleeps on the town green and was using it to cover himself at night. It’s…
  • List week: an experiment doomed to fail

    12 Sep 2014 | 6:07 am
    I am dubbing next week list week here at APD. Which means everything I post will be in the form of list, to keep up with changing stupidity levels and shortening attention spans. If you have things you want to learn about in re: criminal law, post topics here. For instance: 3 ways to not make the prosecution’s case against you easier, or; 4 rights you are in danger of losing, or; are prosecutor’s really evil? a study in GIFs.  
  • Man. Black. Guilty.

    5 Sep 2014 | 4:00 am
    seems legit “Tall”, “bald-headed” and “black male” are apparently the only identifiers of Charles Belk, who spent 6 hours in police custody last week because he fit the description of a bank robber. He was positively identified by a witness to the robbery and charged with very serious crimes. His bond was set to the tune of $100,000. Charles Belk happens to be a very successful film producer, an electrical engineer and the holder of an MBA, who was in the neighborhood to go to a pre-Emmy Awards party. Charles Belk also happens to be “tall”,…
  • Dash cam exonerates another man; reveals cops’ thuggery

    27 Aug 2014 | 4:00 am
    Nothing that I can write will replace the impact of watching this 4 minute video, produced by ABC News 7 of a Bloomfield, NJ police department’s arrest of Marcus Jeter: Particularly rich were the repeated warnings to stop resisting while subdued by three officers, the allegation that he was going for their gun when his hands were clearly nowhere near them and the completely bizarre ramming of his car by the second police vehicle. Maybe they forgot that these cameras had video and not just audio or maybe they just figured that they could hide the video and no one would be any wiser. Two…
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    Federal Employment Law Articles

  • Wage Garnishments -- A Big Problem with Solutions on the Horizon

    15 Sep 2014 | 10:00 pm
    Today, much-needed attention is being paid to wage garnishments. National Public Radio (NPR) released a story concerning the increasing use of wage garnishments to collect debts. The NPR piece relies on a report also released today by payroll company ADP. The report provides data, which had previously never been made publicly available, concerning wage garnishments. The information has not been available until now because states do not comprehensively track the use of wage garnishments and there is no comprehensive federal scheme for tracking garnishments either.
  • Retailer - Fall 2014

    15 Sep 2014 | 10:00 pm
    Criminal Background Checks: Three Tips for Retail Employers Is EEOC Bound by Statutory Limitations Period When Making Pattern-or-Practice Claims? More Social Media Angst for Retailers
  • Immigration eAuthority (September 2014)

    15 Sep 2014 | 10:00 pm
    Major Retrogression in the EB-2/India Immigrant Visa Category Expected in the Fall of 2014; Cap-Subject H-1Bs Will Be Effective October 1; USCIS 2014 Ombudsman Annual Report Confirms Increased Scrutiny for L-1 Intracompany Transferrees.
  • EEOC and Mexican Consulates Team Up to Provide Guidance, Training, and Even Checks Global Employment Law

    14 Sep 2014 | 10:00 pm
    What started as a local effort has now become a national endeavor, as the United States Equal Employment Opportunity Commission (EEOC) and the Mexican Ministry of Foreign Affairs officially agree to join forces to create programs that will benefit both Mexican nationals working in the United States as well as their employers.
  • Touted Developments Contradict Rationales For Minimum-Wage Increase (Updated 09 14 14)

    14 Sep 2014 | 10:00 pm
    A White House report has extoled wage-rate increases by "state legislatures and governors; mayors, county executives and city councils; and business leaders" as supposedly being compelling reasons to raise the federal Fair Labor Standards Act's minimum wage to $10.10 an hour. A flood of public statements by the U.S. Labor Department (in apparent contravention of Congress's 2014 appropriations limitation) and numerous media discussions have been to the same effect.
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    Florida Estate Planning Lawyer Blog

  • Estate Planning: Dealing with your digital death instead of before

    25 Aug 2014 | 8:43 am
    Portland company WebCease is making waves in the probate and estate-planning community by helping attorneys and grieving families locate the deceased's digital accounts. CEO Glenn Williamson aims to be the first to provide this service to the growing market of families and attorneys trying to track down digital accounts. Williamson is banking on the need for this service to continue to grow as people continue to use digital accounts for shopping, social media and traveling. WebCease searches across different vendors to determine if the deceased person had an account. WebCease then generates a…
  • Three Documents Every 18-Year-Old Should Sign

    18 Aug 2014 | 7:39 am
    As most young adults are about to return to college, most parents do not think about the fact that not that their child is 18 they are an adult in the eyes of the law. Deborah Jacobs has written an article on this in Forbes outlining two documents that are needed. Most professionals would agree that there are actually 3 that are needed. Now that they are an adult, parents can no longer make health care of the financial decisions for their children without the legal authorization to do so. If a child or young adult is injured or needs help with a financial matter, a parent cannot speak with…
  • Do I need to go through a lawyer to make a will in Florida or can I use a website like legalzoom?

    14 Aug 2014 | 11:19 am
    You can use a website or create your own will in Florida, but we find that some people do not create valid wills, or create wills that do things other than what they want. We only charge $200 for a will so an online will does not save very much considering the risks. If you want to create your own will be sure that you sign the will at the end and in front of two witnesses. There are benefits to using a self proving affidavit, but one is not required under Florida law. Of course, most lawyers will include a self proving affidavit with the will that they prepare for you. Many online wills or…
  • Dangers of Relying on Joint Accounts for Estate Planning in Florida

    29 Jul 2014 | 8:56 am
    Many people see joint accounts as a cheap and easy way to avoid probate, since joint property passes to the join owner at death, but these accounts can actually be quite risky when it comes to estate planning. Joint ownership of accounts can be a great way to easily pass assets to another owner at death. Joint ownership is also a great way to plan for an elder person's incapacity, since the joint owner of the account can pay bills and manage investments if the primary owner falls ill or suffers from any other sickness. There are some potential downsides to joint ownership of an account. The…
  • Banker Suicides indicate Stress of the Profession.

    28 Jul 2014 | 7:15 am
    If your family works in a high stress profession is a good idea to make sure you and your family keep their estate plans up to date. The unexpected deaths of finance workers in the past few months by suicide around the world have raised concerns about mental health and stress levels of the banking profession. JP Morgan executive director Julian Knott, 45, killed himself after shooting his wife Alita Knott, 49, to death with a shotgun. Julian worked for JP Morgan until July 2010, before he and his wife moved to the United States. Before the move, Alita had opened a nursery in Southwick, West…
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  • Short Updates: A Thank-You to Eugene Meehan

    Shaunna Mireau
    16 Sep 2014 | 4:15 am
    The amount of information required to stay abreast of the changing law, in a general sense, is massive. Supreme Court of Canada statistics tell us that there were over 70 decisions to read from that court alone every year. Add your jurisdiction’s Court of Appeal and trial courts decisions, federal and provincial legislative changes, tribunal decisions, municipal and other delegated legislation and you have way more material than any generalist can reasonably consume. Of course you don’t need to know it all. Many of those pieces of legal information can be learned just in time…
  • Tips Tuesday

    16 Sep 2014 | 4:00 am
    Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on technology, research and practice. Technology Easily Tweak Windows Settings With the God Mode Folder Dan Pinnington Most of you will be used to going into the Control Panel to tweak or change your Windows settings. In the Control Panel, related types of settings are grouped under different icons to help you find the setting you are looking for. But finding a particular setting can sometimes be a challenge as you need to dig down two or more levels to get to the…
  • Legal Business Development: Are You the Tortoise or the Hare?

    Paula Black
    16 Sep 2014 | 4:00 am
    Let’s be honest, most lawyers want the business development process to be more like a sprint to the winners circle. But the reality is that the winner’s circle is reserved for the slow and steady. THAT is not what you wanted to hear, I’m sure! The fact of the matter is that CONSISTENCY is a silver bullet. Yes, a slow silver bullet! You see, many are looking for the right tool… SEO, Google Ads, social media, blogs, You Tube channel, articles, networking, etc, etc, etc! But these are simply tools, just like your phone is a tool. Your phone, itself, isn’t going to get you…
  • Of Judicial Notice and the Big Lebowski

    Nate Russell
    15 Sep 2014 | 6:45 pm
    Last week, Doug Jasinski graced my post with a comment challenging my interest in how different media like blogs and Wikipedia articles find their way into judgments. His question: “Do 20-year old slacker movies count as different media?” I don’t presume, Doug, that you really expected (or wanted) my take on this, but I’m prepared to share it anyway. Doug raised an interesting article from Business Insider which talks about a Texas Supreme Court decision citing the Big Lebowski. The reasons for judgment in Kinney v. Barnes, a freedom of speech injunction…
  • Ten Specific Strategies for Avoiding Communication-Based Claims

    Dan Pinnington
    15 Sep 2014 | 6:00 am
    Problems with lawyer-client communication are the number-one cause of claims reported to LAWPRO. The way to prevent these claims sounds simple enough: Remind lawyers to communicate better with their clients. However, appeals to “communicate better” can seem vague − or even a little “touchy-feely”. Need specifics? Consider the following list of practical strategies. These ten tips were chosen from Tim Lemieux’s article “Is anyone listening? Preventing communications claims” which appeared in the Fall 2011 issue of LAWPRO Magazine. To communicate better: Meet with the client…
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    Virtual Law Practice

  • Podcast: How to Provide Client Hand-holding in Virtual Law Practice

    15 Sep 2014 | 11:08 am
    Last month I joined in on a podcast for the ABA Journal with reporter Stephanie Francis Ward; Michelle Crosby, founder of Wevorce; and Fred Rooney, Director of Touro Law Center’s International Justice Center for Post-Graduate Development.  The topic was “How do you provide client hand-holding if you run a virtual firm?” You can listen to the podcast on the ABA Journal site or read the transcript. Ward asked the three of us this question towards the end of the podcast: [C]an the three of you give me one tip on making that personal connection and doing it online? So combining…
  • Online Legal Services Gets a Boost from ABA & Rocket Lawyer Partnership

    11 Aug 2014 | 12:43 pm
    I was thrilled to hear the news today from the Wall Street Journal Law Blog that the ABA announced its partnership with Rocket Lawyer on a pilot project to help match up ABA members with online clients. I’ve been researching and writing about lawyer collaboration with branded networks like Rocket Lawyer for the past couple of years with a focus on ethics issues and best practices. I wrote a book about the best practices for lawyers who wanted to work with these companies and make connections with clients through them. I think this partnership integrates wonderfully with virtual law…
  • ILTA Article – Teaching Tomorrow’s Lawyers Legal Tech Skills

    31 Jul 2014 | 1:10 pm
    An article I co-authored with Ron Dolin entitled Course Correction: Teaching Tomorrow’s Lawyers Legal Tech Skills, was published in the newest edition of the ILTA Peer to Peer Magazine. Ron developed the syllabus for and taught the first course on legal informatics at Stanford Law School. Several of his students from that course have gone on to find innovative paths in the legal industry, including Margaret Hagan, his co-founder in the Program for Legal Tech and Design. Ron writes about the changes he believes are critical in the law school curriculum to prepare future lawyers for…
  • LegalTech Startup Weekend – San Francisco

    29 Jul 2014 | 1:33 pm
    If you are in the San Francisco area, consider checking out the LegalTech Startup Weekend. I’ll be one of the mentors for the event along with several other founders of legal tech companies, including LawPal, Ravel, One400, Judicata, LawGives, Casetext, and more. Teams form Friday evening, August 15th and final presentations with be on Sunday, August 17th. The teams will tackle four challenges listed on the event site and compete for prizes. The intersection of law and technology presents unique challenges and exciting opportunities for growth and creativity. Recent years have seen…
  • Top Take-Aways from GSummit for the Legal Profession

    13 Jun 2014 | 3:34 pm
    “We can’t solve problems by using the same kind of thinking we used when we created them.” – Albert Einstein I attended GSummit in San Francisco this week. (The “G” stands for gamification.) This annual conference looks at ways to increase user engagement through gamification and games. With all of the online “noise” surrounding us and the invasiveness of mobile technology pulling people in many different directions, no industry – not even the legal profession - is immune from the problem of getting the public’s attention long enough to…
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    Florida Estate Planning Lawyer Blog

  • Estate Planning: Dealing with your digital death instead of before

    25 Aug 2014 | 8:43 am
    Portland company WebCease is making waves in the probate and estate-planning community by helping attorneys and grieving families locate the deceased's digital accounts. CEO Glenn Williamson aims to be the first to provide this service to the growing market of families and attorneys trying to track down digital accounts. Williamson is banking on the need for this service to continue to grow as people continue to use digital accounts for shopping, social media and traveling. WebCease searches across different vendors to determine if the deceased person had an account. WebCease then generates a…
  • Three Documents Every 18-Year-Old Should Sign

    18 Aug 2014 | 7:39 am
    As most young adults are about to return to college, most parents do not think about the fact that not that their child is 18 they are an adult in the eyes of the law. Deborah Jacobs has written an article on this in Forbes outlining two documents that are needed. Most professionals would agree that there are actually 3 that are needed. Now that they are an adult, parents can no longer make health care of the financial decisions for their children without the legal authorization to do so. If a child or young adult is injured or needs help with a financial matter, a parent cannot speak with…
  • Do I need to go through a lawyer to make a will in Florida or can I use a website like legalzoom?

    14 Aug 2014 | 11:19 am
    You can use a website or create your own will in Florida, but we find that some people do not create valid wills, or create wills that do things other than what they want. We only charge $200 for a will so an online will does not save very much considering the risks. If you want to create your own will be sure that you sign the will at the end and in front of two witnesses. There are benefits to using a self proving affidavit, but one is not required under Florida law. Of course, most lawyers will include a self proving affidavit with the will that they prepare for you. Many online wills or…
  • Dangers of Relying on Joint Accounts for Estate Planning in Florida

    29 Jul 2014 | 8:56 am
    Many people see joint accounts as a cheap and easy way to avoid probate, since joint property passes to the join owner at death, but these accounts can actually be quite risky when it comes to estate planning. Joint ownership of accounts can be a great way to easily pass assets to another owner at death. Joint ownership is also a great way to plan for an elder person's incapacity, since the joint owner of the account can pay bills and manage investments if the primary owner falls ill or suffers from any other sickness. There are some potential downsides to joint ownership of an account. The…
  • Banker Suicides indicate Stress of the Profession.

    28 Jul 2014 | 7:15 am
    If your family works in a high stress profession is a good idea to make sure you and your family keep their estate plans up to date. The unexpected deaths of finance workers in the past few months by suicide around the world have raised concerns about mental health and stress levels of the banking profession. JP Morgan executive director Julian Knott, 45, killed himself after shooting his wife Alita Knott, 49, to death with a shotgun. Julian worked for JP Morgan until July 2010, before he and his wife moved to the United States. Before the move, Alita had opened a nursery in Southwick, West…
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    Native American Legal Update

  • Cobell Settlement Payment Update - September 2014

    Greg Guedel
    15 Sep 2014 | 8:00 am
     The following information has been provided by the attorneys handling the Cobell settlement: The United States District Court for the District of Columbia entered an Order approving Plaintiffs’ Unopposed Motion to begin distribution. This Motion obtained the final approval necessary to commence payment distribution to Trust Administration Class Members and summarizes the methodology for those payments. GCG is prepared to commence sending checks to Trust Administration Class Members where we have a current address beginning next week. We anticipate the first checks will mail…
  • #AmINext Campaign To Protect First Nations Women

    Greg Guedel
    11 Sep 2014 | 8:49 am
      As reported by the BBC, in February an Inuit woman who was passionate about ending this violence went missing herself, her body found two weeks later in New Brunswick. Her former roommates have been charged in her death. The death of Loretta Saunders has led to calls for a wider public inquiry into the high rate of murdered First Nations women, and pressure has stepped up on social media thanks to a new hashtag campaign. A Royal Canadian Mounted Police report in May found First Nations women account for 16% of female homicides and 11% of missing women despite only making up 4.3% of the…
  • Shinnecock Nation Fights for Ancestral Lands in The Hamptons

    Greg Guedel
    4 Sep 2014 | 10:57 am
      Elder women of the Shinnecock Nation - Photo by Andrew Brannan. VICE Magazine is featuring an article regarding the struggle of the Shinnecock Indian Nation to reclaim ancestral lands located in what is now known as The Hamptons, home to some of America's wealthiest people including George Soros, Howard Stern, and Sean "P. Diddy" Combs. The Shinnecock Indians have lived on Long Island's famed East End for thousands of years. Like so many other tribes along the east coast, the Shinnecocks were ravaged by disease brought by European settlers. Today, the Shinnecock Indian Nation…
  • Tribal Crypto-Currency MazaCoin Gaining Recognition

    Greg Guedel
    20 Aug 2014 | 10:14 am
      Newsweek is reporting on how the virtual currency Mazacoin has joined the ranks of alternatives to Bitcoin now trading in the “Wild West” of 21st century digital currencies. The brainchild of Payu Harris, a Cheyenne with Oglala Sioux heritage and a mysterious programmer known only as “AnonymousPirate,” Mazacoin announced its ambition to replace the U.S. dollar as the official currency of the Oglala Sioux nation, historically known as the Oglala Lakota, and its 46,855 members. Some 507,185,000 Mazacoins are now on the market, trading in a handful of obscure…
  • Rising Oceans Threaten Native American Historical Sites

    Greg Guedel
    18 Aug 2014 | 8:49 am
      The Los Angeles Times is reporting on the threat rising sea levels pose for coastal Native American archaeological sites, like those found on Santa Cruz Island off mainland California. "We're standing on a living history book, and we're losing pages from it every day." Gil Unzueta (Chumash), who is monitoring the survey effort to catalog and preserve Native artifacts on Santa Cruz. 
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    Technology & Marketing Law Blog

  • California Tells Businesses: Stop Trying To Ban Consumer Reviews (Forbes Cross-Post)

    Eric Goldman
    15 Sep 2014 | 6:55 am
    Photo credit: man’s mouth with bronze or gold metal zipper // ShutterStockIncreasingly, businesses are looking for ways to suppress or erase consumers’ negative online reviews of them. In particular, we’ve recently seen a proliferation of contract clauses purporting to stop consumers from reviewing businesses online. Those overreaching contract clauses have never been a good idea, but last week, the idea got worse. Gov. Jerry Brown signed AB 2365 into law, to be codified as California Civil Code Sec. 1670.8. The law is a first-in-the-nation statute to stop businesses from…
  • Ninth Circuit Says Yelp Doesn’t Extort Businesses–Levitt v. Yelp (Forbes Cross-Post)

    Eric Goldman
    10 Sep 2014 | 6:45 am
    For years, Yelp has been dogged by allegations that it manipulates user reviews to coerce businesses to advertise with it. While businesses aren’t likely to stop grumbling about these concerns any time soon, a federal appellate court emphatically shut the door on legal claims that Yelp extorts advertisers. This long-running case dates back to early 2010. The plaintiffs allege that Yelp extorted them to buy advertising by manufacturing negative reviews of their businesses and manipulating user-submitted reviews and ratings about their businesses. The Ninth Circuit Court of Appeals…
  • Internet Law Professors Ask California Supreme Court To Review Pharmaceutical Liability Case

    Eric Goldman
    9 Sep 2014 | 10:56 am
    Hardin v. PDX is a quirky case that flew under the radar a bit. The case was brought by Hardin, a victim injured by bad drug interactions. She claims that she would have avoided the interaction if she had been told about it, but the drug disclosures (called “monographs”) given to her by her pharmacy (Safeway) omitted the crucial information because Safeway delivered a truncated monograph. The victim sued defendants up and down the chain, but the ruling that caught my attention involves PDX. PDX acts as a vendor to pharmacies, including providing a network that gathers the…
  • When Is It Appropriate To Monitor An Ex-Spouse’s Email Account? Never

    Venkat Balasubramani
    9 Sep 2014 | 7:43 am
    Zaratzian and Abadir were married but divorced after a little over a decade. While the couple was married, Abadir opened a Cablevision account for internet and email service. He configured an account for Zaratzian and set the password. Shutterstock / Everett Collection – “Suspicious Minds” He also configured an account for himself. At some point before the couple’s separation, Abadir configured the account to forward emails from Zaratzian’s account to Abadir’s account. He testified that he activated the auto-forwarding function so to avoid missing notifications sent to…
  • Lock Manufacturer Onity Had Only One Job, But Isn’t Liable For Failing To Do It Well (Forbes Cross-Post)

    Eric Goldman
    8 Sep 2014 | 9:08 am
    Photo credit: “Do not disturb sign hang on door knob” // ShutterStockLet’s start with two non-controversial propositions: (1) no lock offers perfect security, and (2) any lock that can be defeated by a “stupidly simple” method is functionally worthless. But can a buyer of a functionally worthless lock recover in court? A federal court recently reached a surprising answer to that question. Onity manufactures hotel locks. The plaintiffs seek to form a class action for hotels that bought two of Onity’s locks. At a security conference in 2012, security…
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    The California Employment Law Blog by Mediator Steven G. Pearl

  • Sheet Metal Workers’ Int'l Assn., Local 104 v. Duncan: Offsite Material Fabricators Not Subject to Prevailing Wage Law

    Steven G. Pearl
    15 Sep 2014 | 8:00 am
    A very quick note on this case. In Sheet Metal Workers’ International Association, Local 104 v. Duncan (Russ Will Mechanical, Inc.) (8/27/14) --- Cal.App.4th ---, the Court of Appeal held that the prevailing wage law does not apply to an employee of a subcontractor who conducts offsite material fabrication if the work "takes place at a permanent, offsite manufacturing facility and the location and existence of that facility is determined wholly without regard to the particular public works project." Slip op. at 24. The opinion is available here. 
  • Cruise v. Kroger: In Absence of Arbitration Policy Applicable to Employee, Arbitration Would Be Conducted Pursuant to California Arbitration Act

    Steven G. Pearl
    12 Sep 2014 | 8:00 am
    In Cruise v. Kroger Co. (8/27/14) --- Cal.App.4th ---, the plaintiff filed suit against her former employer for harassment, discrimination, retaliation, and related claims. The trial court denied the defendants' motion to compel arbitration, and the defendants appealed. The Court of Appeal reversed, holding as follows: The plaintiff had signed an employment application that included a broadly-worded arbitration clause, which constituted an enforceable agreement to arbitrate. Slip op. at 9-10. The plaintiff's employment-related claims all fell within the scope of that…
  • Yau v. Santa Margarita Ford: Employee States Cause of Action for Wrongful Discharge, but not IIED

    Steven G. Pearl
    11 Sep 2014 | 8:00 am
    In Yau v. Santa Margarita Ford, Inc. (8/26/14) --- Cal.App.4th ---, Eddie Yau sued his former employer, Santa Margarita Ford (SM Ford) for wrongful termination in violation of public policy (WTVPP), alleging that he was terminated after complaining about allegedly fraudulent warranty repair claims being filed. He also sued several coworkers and supervisors for intentional infliction of emotional distress (IIED). The trial court sustained demurrers without leave to amend and dismissed the case. The Court of Appeal reversed in part and affirmed in part, holding as follows: Yau stated a cause of…
  • Slayman v. FedEx Ground: FedEx Drivers Are Employees Under "Economic Realities" Test

    Steven G. Pearl
    10 Sep 2014 | 8:00 am
    In Alexander v. FedEx Ground Package System, Inc., ___ F. 3d. ___ (9th Cir. 8/27/14) (discussed here) the Ninth Circuit held that FedEx drivers were employees under California law, which focuses primarily on "whether the person to whom service is rendered has the right to control the manner and means of accomplishing the result desired." In Slayman v. FedEx Ground Package System, Inc., ___ F.3d ___ (9th Cir. 8/27/14), the Court held that the same result applies under the "economic realities" test. The Court reasoned as follows: As in Alexander, the drivers were employees under the "right…
  • Alexander v. FedEx Ground: Delivery Drivers Are Employees Under California Law "Right to Control" Test

    Steven G. Pearl
    9 Sep 2014 | 8:00 am
    In Alexander v. FedEx Ground Package System, Inc., ___ F. 3d. ___ (9th Cir. 8/27/14), individuals who drove delivery routes for FedEx Ground and FedEx Home (FedEx) in California sued for unpaid wages, reimbursement of business expenses, and violation of the Family and Medical Leave Act (FMLA), alleging that they were employees, rather than independent contractors. The case was consolidated with cases from a number of other states for multidistrict litigation (MDL) proceedings. The MDL Court certified the expense reimbursement and unpaid wage claims, but not the FMLA claims. The parties then…
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    The Securities Law Blog

  • CALPERS Withdrawing Its Hedge Fund Investments - Too Expensive, Too Complicated

    16 Sep 2014 | 5:37 am
    The California Public Employees' Retirement System, the largest U.S. pension fund, said on Monday that it will pull all $4 billion it has invested in hedge funds because it finds them too costly and complicated. The $300 billion fund, known as Calpers, invests with firms including Och-Ziff Capital Management , Deepak Narula's Metacapital Management and Bain Capital's Brookside Capital and plans to pull the money out over the next year. The fund will also exit from fund-of-funds Pacific Alternative Asset Management Co and Rock Creek Group.For more information visit Calpers dumps hedge funds…
  • SEC Announces $300,000 Whistleblower Award to Audit and Compliance Professional Who Reported Company’s Wrongdoing

    15 Sep 2014 | 7:17 am
    The SEC announced a whistleblower award of more than $300,000 to a company employee who performed audit and compliance functions and reported wrongdoing to the SEC after the company failed to take action when the employee reported it internally.It’s the first award for a whistleblower with an audit or compliance function at a company.“Individuals who perform internal audit, compliance, and legal functions for companies are on the front lines in the battle against fraud and corruption.  They often are privy to the very kinds of specific, timely, and credible information that can…
  • FINRA's New Head of Dispute Resolution Search Narrows

    12 Sep 2014 | 10:17 am
    With the retirement of Linda Fienberg, Reuters is reporting that FINRA has narrowed its search for a new head of its arbitration unit to two of its own long-time officials, according to a person familiar with the matter. FINRA, Wall Street's industry-funded watchdog, will replace the retiring chief of its arbitration unit with either Richard Berry,the unit's director of case administration, or Kenneth Andrichik, its mediation director.We have had extensive dealings with both gentlemen, and are sure that both will be excellent in that role.For more information - Exclusive: Wall Street watchdog…
  • Investor Alert - Frontier Funds

    11 Sep 2014 | 1:38 pm
    FINRA has issued an investor alert regarding "Frontier funds" which are funds that invest in securities of companies in countries with developing securities markets—like Argentina, Lebanon, Nigeria, Slovenia and Vietnam.According to FINRA, some see investing in frontier funds as a way to diversify assets—going beyond funds that invest in established international and other more developed emerging markets. Frontier funds are also sparking the interest of some investors who are lured predominantly by potential gains.  FINRA is issuing this alert to caution those interested in funds that…
  • SEC Charges Offshore Business and Two Individuals Behind Scheme to Conceal Ownership of Microcap Stocks

    11 Sep 2014 | 6:00 am
    The SEC charged two individuals managing an offshore business intended to help clients evade U.S. securities laws with concealing the ownership of certain microcap stocks as part of a larger money laundering scheme alleged by criminal authorities.Under the federal securities laws, beneficial owners of more than 5 percent of certain stocks are required to report their acquisition and ownership of those stocks to the SEC and the investing public.  The SEC alleges that two Belize residents through a company called IPC Corporate Services have helped clients who own significant amounts of…
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    Construction Law Musings- Richmond, VA

  • Just Because Your Employee Was Supposed to Work Safely. . .

    Christopher G. Hill
    15 Sep 2014 | 9:03 am
    (Photo credit: Wikipedia) Here at Construction Law Musings, I’ve discussed the need to keep up with your safety program and stay out of the cross-hairs of the state and federal safety inspectors. The Virginia Court of Appeals gave a stark reminder of this fact in the case of Atlantic Environmental Construction Co. v. Malveaux, Comm’r.  In this case, Atlantic Environmental had some roofers under their supervision working around a skylight at the Chrysler Museum in Norfolk, VA.  Unfortunately, these roofers were not using proper guardrails or fall arrest system and the skylights was…
  • Why You Should Consider Mediation (Most of the Time)

    Christopher G. Hill
    10 Sep 2014 | 8:03 am
    A simple statistical mediation model. (Photo credit: Wikipedia) As any reader of Construction Law Musings is aware, I am a huge fan of mediation as a way to resolve construction disputes.  I am such a fan that a few years ago I took the plunge and got certified as a mediator. Why then did I put the caveat in the title of this post?  Given my true belief that mediation is almost always the best way to resolve a dispute in the “zero sum” game that is construction contracting, why would I qualify my statement that you need to consider mediation? The answer is that, even in the…
  • The Economic Loss Rule Applies Only to Products Liability Cases, at least in Florida

    Christopher G. Hill
    1 Sep 2014 | 7:00 am
    Originally posted 2013-05-17 11:52:30. For this week’s Guest Post Friday here at Construction Law Musings, we welcome a friend and sometime co-presenter Craig Martin.  Craig (@craigmartin_jd) is a partner in the law firm of Lamson Dugan and Murray, LLP in Omaha, Nebraska. He has a background and experience in all aspects of construction law. As part of his practice he counsels contractors, subcontractors, developers, owners, materials suppliers and design professionals in various construction disputes. He also successfully represents them in both State and Federal courts. Craig’s…
  • Happy Labor Day from Construction Law Musings

    Christopher G. Hill
    1 Sep 2014 | 7:00 am
    Well, the summer is winding down and the kids are getting geared up for school for those of us who don’t have college age kids or live where school starts before Labor Day. I wanted to take this opportunity  to thank you for your continued readership, comments and contributions and to wish you and your families a great Labor Day.  I hope you have a wonderful and relaxing last day of summer. Image via I welcome your comments below.  Please subscribe to keep up with this and other Construction Law Musings. © Construction Law Musings- Richmond, VA is licensed under a…
  • Update and Changes to DC Mechanic’s Lien Statute

    Christopher G. Hill
    29 Aug 2014 | 7:12 am
    Originally posted 2012-08-17 09:00:54. For this week’s Guest Post Friday here at Construction Law Musings, we welcome Kavita Knowles.  Kavita is a named partner in the firm Fullerton & Knowles.  Her firm is well known in the Virginia area for its Construction Law Survival Manual and, like me, performs work for construction professionals. The District of Columbia will generally come in line with its neighboring states with a new mechanic’s lien statute signed on March 27, 2012 and which became effective on June 4, 2012.   The three main changes are as follows: It allows a…
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    CAFA Law Blog

  • Affirmative Defenses Have No Role in Determining the Amount in Controversy (McGlinchey Stafford PLLC)
    16 Sep 2014 | 5:00 am
    Smith v. Manhattan Club Timeshare Association, Inc., 2013 WL 1955882 (S.D.N.Y. May 10, 2013). In this action, a District Court in New York held that affirmative defenses asserted on the merits could not be used to cut down the amount in controversy even where the complaint itself discloses the existence of a valid defense. In Sheppard v. Manhattan Club Timeshare Association, Inc., 2012 WL 1890388 (S.D.N.Y. May 23, 2012), the plaintiffs alleged that they were unlawfully induced into the purchase of ownership interests in The Manhattan Club.  The plaintiffs also alleged that they were misled…
  • Defendants Concrete Evidence Defeats Remand (McGlinchey Stafford PLLC)
    12 Sep 2014 | 5:00 am
    Fielder v. Penn Station, Inc., 2013 WL 1869618 (N.D. Ohio May 3, 2013). In this case, the plaintiff made a purchase at Penn Station, Inc., a shop located in Rocky River,Ohiousing his credit card.  The defendant Heartland Payment Systems, Inc. processed credit card purchases for Penn Station, Inc.  The plaintiff alleged that as a result of the defendants’ negligence and/or breach of contract, the plaintiff’s credit card information ended up in the hands of a third party, causing the plaintiff and the proposed class injury.  The plaintiff sought compensatory damages, punitive damages,…
  • District Courts Have Authority to Stay Remand Orders in Order to Facilitate Appeal (McGlinchey Stafford PLLC)
    11 Sep 2014 | 5:00 am
    Raskas v. Johnson & Johnson, 2013 WL 1818133 (E.D. Mo. April 29, 2013). In this action, a District Court in Missouri held that it had authority to stay its own remand order.  The plaintiffs brought an action under the Missouri Merchandising Practices Act.  The plaintiffs alleged that the defendants placed expiration dates on their medications, causing consumers to discard products and replace them after the expiration dates had passed, with knowledge that the products remained safe and effective beyond those dates. The defendants removed the action from the Circuit Court for St. Louis…
  • A Removing Party Should Identify Statutes That Permit Attorney’s Fees (McGlinchey Stafford PLLC)
    8 Sep 2014 | 7:00 am
    Otay Hydraulics, Inc. v. Safety-Kleen Systems, Inc., 2013 WL 1773955 (C.D. Cal. April 25, 2013). In this matter, the plaintiff brought an action in the Los Angeles County Superior Court alleging that the defendant breached contracts with its California customers by charging unauthorized fuel surcharges and excessive fees. The defendants removed the action to the District Court for the Central District of California asserting diversity jurisdiction under CAFA, 28 U.S.C. § 1332(d).  The District Court, however, remanded the action to state court on its own motion for lack of jurisdiction. …
  • Lemy v. Direct General Finance Co., 2014 WL 903371 (11th Cir. March 10, 2014). (McGlinchey Stafford PLLC)
    1 Sep 2014 | 3:00 am
    Lemy v. Direct General Finance Co., 2014 WL 903371 (11th Cir. March 10, 2014).  The Eleventh Circuit upheld the District Court’s denial of motion to remand, finding that when the percentage of recovery from a foreign defendant far exceeds the percentage of recovery from the local defendant, then significant relief is not being sought from the local defendant.  The plaintiffs, Gardith Lemy and Marilyn Hill, brought a class action in state court, alleging that a group of defendants acted in concert to sell plaintiffs a worthless insurance product in violation of the Florida Insurance…
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    Lowering the Bar

  • Headnote of the Day: Prison Doghouse Incident

    15 Sep 2014 | 10:47 am
    The opinion itself is nothing special, but I thought it did become amusing when Westlaw compressed the holding into a headnote: Trustee guard who was forced to ride on top of doghouse containing prison dogs due to space limitations in back of prison vehicle which was aiding in chase of escaping prisoner and who, when found on ground, was holding onto piece of wood from doghouse onto which he had been holding prior to his fall from truck when driver made unannounced right-angle turn at relatively high rate of speed was not guilty of contributory negligence. Ricks v. Associated Indem. Corp.,…
  • Actually, We Were Wondering How You Signed the Claim Forms

    14 Sep 2014 | 1:55 pm
    In May, South Carolina's Attorney General reported that the number of insurance-fraud cases in the state had reached an all-time high in 2013. The report (via Overlawyered) is mostly just numbers, but it does include two or three examples of now-closed cases, one of which turns out to be stupid.  This particular case was prosecuted in Darlington County (near the city of Florence). Because the three men named were prosecuted together in the same county, I assume they were all involved in a single scheme. Because two had the same last name, and all three had the same level of…
  • Congress: Please Don't Ask Us to Declare War; We Might Say No

    9 Sep 2014 | 1:06 pm
    [King George III has, among other things,] kept among us, in times of peace, Standing Armies without the Consent of our legislatures. He has affected to render the Military independent of and superior to the Civil power. —Declaration of Independence   The Congress shall have Power ... To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.... —U.S. Const. art. I, § 8.   "[A vote on going to war against ISIS] is…
  • ADVISORY: Do Not Attempt to Yank Down the Shorts of a U.S. Marshal

    8 Sep 2014 | 12:45 pm
    There are exceptions to any rule, of course, but the exceptions here are really quite limited. Perhaps you are also a U.S. marshal and are attending an informal gathering of U.S. marshals during which shorts-yanking horseplay might be expected. Or perhaps you have obtained prior consent (preferably in writing). Those are really the only two exceptions that come to mind. Actually, I would suggest similar limitations on this activity under any circumstances, for a couple of reasons: (1) doing this could be rude and/or frightening; and (2) one may not know in advance that the target is a U.S.
  • Steps

    7 Sep 2014 | 11:28 am
    Watch out for 'em. The similar sign at the top is just slightly less ridiculous, because gravity. Seen at Overlawyered, via the Tortylicious Facebook page (run by Prof. Kate Offer, U. of Western Australia).          Related StoriesNotice: Unlawful Behavior ProhibitedPortland Pimp Has a Point (But Suit Is Still Stupid) 
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    Ohio Family Law Blog

  • Divorce Assets In Ohio – Survivorship Benefits For Spouse

    Joseph E. Balmer
    13 Sep 2014 | 12:53 am
    What Happens in Ohio if a Divorcee Dies Before Transferring Property or Assets as Divorce Court Ordered? How Assets are to be Divided After the Passing of a Spouse During the Divorce Decree The question was recently  posed to me as to what happens if, after a valid and enforceable Decree of Divorce, Dissolution or Legal Separation is filed, one of the spouses or ex-spouses dies before the division of assets can be fully completed.  Does the ex-spouse or spouse still retain an interest in an asset that has been released by the Court Order?  Two possible scenarios may arise, and each will be…
  • Military Divorce Rate Climbs – Are Multiple Deployments at Fault?

    Robert L. Mues
    6 Sep 2014 | 12:28 am
    Recent Study Reveals Increased Length In Deployments Will Increase The Risk Of Military Divorce A recent study conducted by the RAND Corporation with the Department of Defense sponsorship found that increased length in deployments will increase the risk of divorce.  The study goes into detail regarding marriages originating prior to and after the September 11, 2001, attacks.  The study found that couples who married prior to the attacks and had one of the spouses deployed to Iraq or Afghanistan were over 20% more likely to divorce than couples who married after the September 11 attacks.
  • An Interview with Michael Newsom, Fatherhood Coordinator for the Montgomery County Child Support Enforcement Agency

    Anne Shale
    30 Aug 2014 | 12:15 am
    Let us first look at some important statistics published by the National Fatherhood Initiative. The Effects of Father Absence in the Home of Minor Children: Children of Father-Absent homes are: Five times more likely to live in poverty. Three times more likely to fail in school. Two times more likely to develop emotional or behavioral problems. Two times more likely to abuse drugs. Two times more likely to be abused and neglected. Two times more likely to become involved in crime. Three times more likely to commit suicide. Compare the facts with children having Father’s involved in their…
  • Divorce: Sudden Divorce Syndrome in Ohio

    Robert L. Mues
    23 Aug 2014 | 1:10 am
    Can Sudden Divorce Syndrome Impact You Both Emotionally And Legally? What You Need To Know Sudden Divorce Syndrome (SDS) refers to a situation that occurs, most often in a man’s life, where his spouse, without any signs, wants a divorce.  Perhaps the most publicized SDS (Sudden Divorce Syndrome) case involves Mr. Martin Paul, who told his story in a recent MSN living article.  Mr. Paul discusses how he was nearing retirement, wasn’t having any ill feelings towards his wife, and had even been planning numerous vacation and relaxation events for himself and his wife together.
  • Divorce: Dividing Property, Assets & Debts in Ohio

    Robert L. Mues
    16 Aug 2014 | 12:55 am
    Property Division in Ohio Can Be Complicated In Marriage Breakup – Hire A Experienced Divorce Lawyer Early Depending upon the issues in a marriage breakup, dividing assets and debts is usually a preliminary topic of conversation.  This can be a complex and lengthy discussion depending upon the nature of the assets, length of the marriage, and title of the property. The first aspect of analyzing how the court may divide property pertains to whether or not the property was acquired before or after the date of marriage. If the property is separate pre-marital property, that property…
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    The High-touch Legal Services® Blog...for Startups!

  • LLCs: Why an Operating Agreement is Important

    5 Sep 2014 | 3:06 pm
    This post discusses why an operating agreement is important for every limited liability company (LLC). It expands upon an answer I provided on Quora several months ago. (See In simple terms, why are operating agreements important?) An operating agreement is an agreement among the members of an LLC. It addresses relations among the members and how the LLC will conduct its affairs. Requirements for an Operating Agreement Requirements for entering into an operating agreement are specified in the law of the state of formation. For example: California Corporations Code Section 17701.02(s) states…
  • Browsewrap Agreements Must Be Brought to Users’ Attention

    25 Aug 2014 | 3:57 pm
    In Online Terms can be Binding, even if You don’t have to Click!, I compared the enforceability of clickwrap and browsewrap agreements. This post discusses Nguyen v. Barnes & Noble, in which the U.S. Court of Appeals for the Ninth Circuit recently examined notice requirements for browsewrap agreements to be enforced. Plaintiff Nguyen filed a class action lawsuit against Barnes & Noble because it had cancelled his online order for a Hewlett-Packard Touchpad tablet computer. Defense Based on Arbitration Provision B&N stated that plaintiff’s suit should be dismissed because…
  • A DBA is not a Legal Entity

    29 Jul 2014 | 4:33 pm
    This post is based on a question that I answered on Avvo. The question illustrates a common misunderstanding concerning DBAs. (DBA is an abbreviation for “doing business as” – i.e., a fictitious business name.) The questioner did not realize that a DBA is not a legal entity Q. Can someone sue a DBA for breach of contract by the parent corporation? Why a DBA is not a Legal Entity Analysis: The questioner owned a corporation that apparently was created for investment purposes. That corporation also owned a restaurant, which it operated under a fictitious business name. A…
  • Can I Walk Away from My Suspended LLC?

    15 Jul 2014 | 6:41 pm
    This post addresses a question that arises frequently from founders of California limited liability companies that have been suspended: Can I walk away from my suspended LLC? A suspended LLC is the result of a founder who has neglected to file Statements of Information with the Secretary of State, or file returns with or pay amounts due to the Franchise Tax Board, or both of the foregoing. Please see Why was My Corporation / LLC Suspended or Forfeited? Forgotten LLC = Suspended LLC Frequently this happens because the LLC did little or no business, so the founder forgot about it. (This…
  • What Does Non-binding Mean and Why Should I Care?

    2 Jul 2014 | 3:44 pm
    This post discusses the meaning of non-binding with respect to a letter of intent (LOI) or a memorandum of understanding (MOU). (Non-binding has a similar meaning in other legal contexts, such as legislation or arbitration, but I will not discuss those contexts here.) Although I will refer to solely an LOI in the remainder of this post, the following pertains to an MOU, as well. The purpose of an LOI is to summarize the basic terms of a relationship into which the parties wish to enter. It also specifies that the parties will enter into negotiations to prepare a definitive agreement…
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    Gamso - For the Defense

  • Of Course, It's More Complicated Than That

    14 Sep 2014 | 11:24 pm
    Judge Kopf began with Digby.  Digby'd staked out the remarkably stupid position that since Nino didn't think the Constitution prohibited the execution of the factually innocent, and didn't think that it was immoral to hold that position, he therefore thought it was just fine that they should be killed.  As the tagline to her piece says,He doesn't think executing an innocent man matters.Of course, he never said any such thing.  He has said that the likelihood of it is vanishingly small (the phrasing is mine, not his).  And he has acknowledged that, at least as a theoretical…
  • Close to Simple Murder

    10 Sep 2014 | 11:06 pm
    Of one thing, however, I am certain. Just as an execution without adequate safeguards is unacceptable, so too is an execution when the condemned prisoner can prove that he is innocent. The execution of a person who can show that he is innocent comes perilously close to simple murder.Herrera v. Collins (Blackmun, dissenting)A single death is a tragedy; a million deaths is a statistic.Joseph StalinWhat is truth? said jesting Pilate, and would not stay for an answer.Francis Bacon, Essays, "Of Truth."At one time, and in some abolitionist circles, I was known as the guy who grumbled whenever…
  • It can't help but have some effect

    4 Sep 2014 | 11:06 pm
    My father died in 1986.  It was no surprise.  The doctors had said 6-12 months and it had been about 10.  He was in the hospital in New York.  I was in Texas.  My mother kept telling me not to come.  It isn't time, she'd say. It isn't time.  I'll tell you when.Then she called.Now, come now, today.I caught the first plane I could get to LaGuardia.  I wore my funeral suit.   Cab from the airport to Mt. Sinai.  Ran up to the room dragging my suitcase.  My mother and sister were there.  My father was in a coma.  He was hooked up to…
  • When We Talk About "Justice"

    3 Sep 2014 | 5:16 am
    They were innocent.  Then they were guilty.  Now they're innocent.  Yet they were always innocent. And will always have been guilty.Regardless of what happened.I'm talking about Henry Lee McCollum and Leon Brown.  Who spent 30 years in prison for a crime, an horrific crime, the rape and murder of 11-year-old Sabrina Buie.  Per Scalia, explaining why Lee McCollum ought to be killed (without actually hearing his appeal), an 11-year-old girl [was] raped by four men and then killed by stuffing her panties down her throat.But really, it was worse than that.
  • Ferguson and Spokeo

    29 Aug 2014 | 8:53 am
    Rejecting the notion, floated by some so-called "progressives" and members of the Congressional Black Caucus that we need a Police Czar to prevent what happened to Michael Brown.  Or maybe what happened afterwards.  You know, to make the police friendly (just as the [war on] Drug Czar did such a fine job making the drug war genial and the Homeland Security Czar made TSA screenings warm and fuzzy and the Russian Czar made A FUCKING REVOLUTION), Scott Greenfield suggests that we already have the tools in place to reign in the police war on the citizenry.But there is nothing sought for…
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    VirtualMarketingOfficer Blog

  • Tips for Hiring a Law Firm Marketing Consultant: Part II – The Endgame

    Jayne Navarre
    8 Sep 2014 | 2:08 am
    My law firm administrator once said to me, in exasperation, “Consultants tell you what to do, not how to do it.” And he’s right. A consultant (from Latin: consultare “to discuss”) is a professional who provides professional or expert advice in a particular area or specialized field. – Wikipedia A consultant brings wide knowledge of the subject matter to a firm on a temporary basis. The overall impact of a consultant is that the client will have access to deeper levels of expertise than would be feasible for them to retain in-house, and may purchase only as much service…
  • Tips for Hiring a Law Firm Marketing Consultant: Part I – Specialization

    Jayne Navarre
    4 Sep 2014 | 4:15 pm
    October is “just around the corner,” which signals that wonderful month of the year when you are asked to prepare next year’s marketing budget. No such luck as a blank check. The temptation to procrastinate will be strong. Seriously, speaking from experience, get the gears turning as there is not enough holiday candy in the world to keep the bean counters, or your boss, off your back through the end of December. #FAIL It probably goes without saying, but, marketing encompasses (almost) everything a law firm does—what problems it addresses, how it solves them, what it costs, where it…
  • A Legal Thriller

    Jayne Navarre
    25 Jun 2014 | 6:20 pm
    If the swashbuckling criminal trial lawyer and oft times guest commentator on the CBS network, Paul Batista, had a blog, I’m pretty sure he’d write his own posts. But why waste time on a blog—here today, gone to the archive tomorrow—when you have enough within you to write a really good book? Not just a book, several; including the leading non-fiction treatise on the federal racketeering statute, Civil RICO Practice Manual, now in it’s third edition (Wolters Kluwer, 2008), and thoroughly entertaining fiction—legal thrillers—including the page turner, Death’s Witness.
  • “Ghostwriter? That is unethical,” says the law firm marketing director to the ghost.

    Jayne Navarre
    23 Jun 2014 | 3:09 pm
    Every writer knows that writing takes time. Behind what looks like a simple article, presentation, speech, memo, proposal, blog post, or legal brief may be hours and hours of researching, organizing and editing for improved accuracy, word choice and punctuation—clarity and flow. It takes practice, talent and time to write effectively; and time is a finite resource to be allocated with discretion. I believe we can all agree that reading a well-written article is much more enjoyable than slogging through a meandering one that never really gets to the point. “In your content marketing, you…
  • The Struggle For The Perfect Attorney Bio Page

    Jayne Navarre
    10 Jun 2014 | 4:53 pm
    In my experience creating law firm website content, it is rarely that simply writing an effective attorney bio is a problem. The challenge is convincing the attorney that they do not want to sound like every other attorney; that his or her bio is no longer a menu of features, it is a useful profile of your offer, and it really does matter, a lot.  You’ve got the new website project approved, and hired a great development team. The ideas are flowing like a river in the springtime, when the snow melts off the mountains. Your first priority is to work with the design team to plot out the site…
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    Technically Legal

  • Massachusetts Dealers Can’t Sue Tesla for Operating in MA

    Ben Snitkoff
    15 Sep 2014 | 8:10 am
    This morning, the Supreme Judicial Court (SJC) of Massachusetts held that unaffiliated automobile dealers in Massachusetts do not have standing to sue Tesla over alleged violation of Massachusetts Auto Dealer statutes. For some background on this topic, listen to this great Planet Money story that outlines the common statutes. In a nut-shell: states have laws that prohibit automobile manufacturers from selling cars directly to consumers. Affiliated dealerships are set up in each state, and have certain agreements with the car makers. Those state laws often have protections baked in that…
  • Video King Wins at Bingo

    Ben Snitkoff
    26 Aug 2014 | 1:15 pm
    In 2002, based on a patent application filed in 2000, Melange Computer Systems was awarded a patent on a bingo playing machine (and method). The term “bingo playing machine” immediately evokes an image of an elderly person huddled over several bingo cards, stamping them manically or laying down plastic chips as the numbers are called. And therein was the problem for Planet Bingo, the current owner of the aforementioned, and another, patent. Planet Bingo sued Video King for infringing two patents related to electronic bingo. After claim construction, the district court found that…
  • A More Enforceable Terms and Conditions

    Ben Snitkoff
    19 Aug 2014 | 5:51 am
    After the news yesterday of the Ninth Circuit holding that Barnes & Noble’s Terms of Service were never agreed to, I wanted to highlight the “Terms and Conditions” on the Jack Rudy Cocktail Co. site. The Terms and Conditions are never explicitly agreed to by the customer, but that’s OK, because they don’t require agreement by the customer. They are reproduced in full below: Customer Service Bottom line, we are a small company, and we are positioned to ensure your experience with us is pleasant. If it isn’t, give us a call. We’ll answer. Privacy Notice We…
  • 9th Circuit: Users Have to Agree to TOS to Be Bound By It

    Ben Snitkoff
    18 Aug 2014 | 3:43 pm
    In 2011, retailers across the country steeply discounted the ill-fated HP Touchpad. After being inundated with requests for the short-lived WebOS device, retailers including Barnes & Noble cancelled many of the orders. One spurned customer filed a class action lawsuit against Barnes & Noble in state court, which then removed the case to federal court, and sought to compel arbitration, as required in Barnes & Noble terms of service. But, as in many cases, there was a rub. Barnes & Noble’s website did not require users to assent to their terms of service at any time,…
  • Inequitable Conduct Not Dead Yet

    Ben Snitkoff
    16 Aug 2014 | 10:16 am
    Unenforceability of a patent through inequitable conduct is a equitable defense to a claim of patent infringement. It exists when a defendant can prove that the patent they are being accused of infringing was obtained through misrepresentations or omissions to the Patent Office, intentionally committed by the patentee with an intent to deceive. In 2011, the Federal Circuit Court of Appeals decided Therasense v. Becton, Dickenson, and Co., a case that was hailed by some as the death of inequitable conduct. There have been only a handful of cases since 2011 finding, or upholding findings of…
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    Bitter Lawyer

  • Make A Little Birdhouse In Your School And Play This Pigeon Dating Game

    Bitter Critic
    15 Sep 2014 | 9:31 am
    Why is this here, you’re asking? What in your bitter lawyer life has led you to read about a game where you can pretend to date pigeons? First, because we’re rolling out our bitter empire, and gaming, bitter and otherwise, will be a big part of our empire once our death star is fully operational. Also because Jesus Christ, people, do something other than work sometimes. My family has a weird relationship with birds. It goes beyond my father’s Audubon Society membership and the dozen or so birdfeeders he keeps outside the house. He gave my brother a green Quaker parakeet for his…
  • 7 Best Pieces of Professorial Advice from Law School

    The Northwest 3L
    15 Sep 2014 | 5:20 am
    Across the country, law students are entering their august institutions. We here at Bitter Lawyer are happy to guide these students through the perils of their epic quest for a J.D. by reposting helpful tidbits provided by those that came before them. Stand on the shoulders of bitter giants, students. Originally posted: Jan 14, 2013 Given half the chance, your average law student will drone on and on about the law without ever saying anything helpful.  Given less than half a chance, the average law professor will drone on and on about the law and only accidentally say something useful. …
  • 11 Ways Law School is Just Like High School

    Kate Currer
    12 Sep 2014 | 8:00 am
    Across the country, law students are entering their august institutions. We here at Bitter Lawyer are happy to guide these students through the perils of their epic quest for a J.D. by reposting helpful tidbits provided by those that came before them. Stand on the shoulders of bitter giants, students. Originally posted:August 1st, 2012 Right now law students everywhere are enjoying their summer breaks internships and clerkships, but fall semester looms on the horizon like a proctology appointment. Here is a comprehensive list of a sentiment everyone shares at some point in law school:…
  • I’m a Lawyer, But Not Yours — So Don’t Ask

    Bitter Contributor
    9 Sep 2014 | 10:27 pm
    I will not help you. I will not give you my best legal advice. I will not make a phone call or write a letter on your behalf. I will not look over your lease. I will not “make a small change” to your will. I will not answer the phone at some ungodly hour when you’re stuck in the pokey. I will not do any of these things because you are not my client. And I am not your lawyer. I cannot be clearer about this: I will not give you free legal advice. I don’t care if you’re my mother, my girlfriend, or my doctor. Hell, I don’t care if you’re one of my buddies—even Adam, who once…
  • 8 MORE Students You Meet in Law School

    Bitter Contributor
    9 Sep 2014 | 6:58 am
    Across the country, law students are entering their august institutions. We here at Bitter Lawyer are happy to guide these students through the perils of their epic quest for a J.D. by reposting helpful tidbits provided by those that came before them. Stand on the shoulders of bitter giants, students. Originally posted: June 14, 2010 They say you should keep your friends close and your enemies closer. Which, if you’re in law school, means you shouldn’t let any of these eight rat bastards out of your sight for even a minute. 1The Master Debater. A typical conversation with him goes like…
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    Rochester Bankruptcy and Debt Relief

  • Banking After Bankruptcy

    7 Sep 2014 | 7:54 pm
    Most debtors are concerned about being able to open bank accounts after completing their bankruptcy and receiving their discharge. While most debtors will not have any difficulty opening new bank accounts, some debtors are unable to open a checking account after receiving their bankruptcy discharge. Typically, this is true for the debtors who have had a problematic history with their bank, involving bounced checks or excessive overdraft activity. As a result this negative information was reported to a check reporting company known as Chex Systems. Such negative information remains in this…
  • Executory Contracts and Leases in Bankruptcy

    5 Jul 2014 | 6:43 pm
    In Chapter 7 and Chapter 13 Bankruptcy cases, debtors have an opportunity to either continue or terminate any executory contracts or leases. That typically means that debtors will list their executory contracts and unexpired leases on the bankruptcy petition and declare their intention to either to accept or to reject those contracts. If such contracts are not timely assumed, they are deemed rejected, and debtors are released from further performance under those contracts. An executory contract is an agreement that has not been completed. A contract is an agreement between two or more parties…
  • Upcoming Chapter 7 and Chapter 13 Bankruptcy Filing Fees Increases

    3 May 2014 | 5:17 pm
    It seems inevitable that bankruptcy filing fees are going up again.  The Judicial Conference which determines the amount of various filing fees associated with bankruptcy cases has approved a fee increase which will be effective on June 1, 2014. The fees for filing a chapter 7 case will increase from $306.00 to $335.00. The fees for filing a chapter 13 case will increase from $281.00 to $310.00. This is a $29.00 increase in the filing fees for both Chapter 7 and Chapter 13 Bankruptcies. The fees for filing an adversary proceeding will increase as well to $350.00. However, debtors are not…
  • Creditors’s Responsibilities After Bankruptcy Filing

    6 Apr 2014 | 2:37 pm
    On the bankruptcy petition is filed, the bankruptcy automatic stay is in effect in Chapter 7 and Chapter 13 bankruptcies, and virtually every type of collection activity is called to a halt. The bankruptcy court enters an order under 11 U.S.C §362, which prohibits nearly all creditors from taking any type of collection action. What happens if the bankruptcy automatic stay is violated? If a creditor violates the automatic stay by accident, it must return the money or stop the collection action as soon as it learns about the bankruptcy. However, if the stay violation is done by the creditor on…
  • Debtors and Failure to Turnover Nonexempt Assets

    23 Mar 2014 | 6:50 pm
    In Chapter 7 bankruptcy cases where debtors have nonexempt assets, debtors have an obligation to transfer those assets to the bankruptcy trustee. It is very common for such assets to be debtors’ tax refunds. In this situation, at the meeting of the creditors, debtors are asked to sign a stipulation which is usually incorporated into a subsequent court order, agreeing to turn nonexempt tax refunds, or a part of them, to the bankruptcy trustee.  If debtors do not do so, they are subject to serious consequences which may include loss of their discharge, contempt of court or monetary…
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    The Jury Room

  • “Smart people ask for (my) advice!”

    Douglas Keene
    15 Sep 2014 | 4:02 am
    We are often wary of asking for advice for fear of looking dumb or appearing incompetent. Oddly enough, our fears may be unfounded based on some new research out of Harvard Business School. According to the researchers, asking for advice does not make you appear either dumb or incompetent. Instead, asking for advice makes you seem more capable. While initially this may seem unlikely, think about how much people love to give advice. When someone is asked for advice, they experience a boost in self-confidence, which, say the researchers, in turn enhances their opinion of the person seeking…
  • The Fear of Missing Out (FoMO) Scale

    Rita Handrich
    12 Sep 2014 | 4:02 am
    Social media applications have made it much easier for us to know what our friends are doing. While this knowledge can have positive benefit, it can also result in a paralyzing fear of missing out (popularly known as FoMO). FoMO has even made the Oxford Dictionary and is defined there as “anxiety that an exciting or interesting event may currently be happening elsewhere, often aroused by posts seen on a social media website”. Researchers in 2011 and 2012 defined FoMO as “the uneasy and sometimes all-consuming feeling that you’re missing out — that your peers are doing, in the…
  • “The iPhone Effect”: Can you say polyconsciousness?

    Douglas Keene
    10 Sep 2014 | 4:02 am
    We know smartphones can be really annoying when they distract our lunch or meeting companions from our scintillating repartee. There is even recent (2013) research showing women are twice as likely to be annoyed by smart phone interruptions as are men. But that research is already a year old and perhaps we’ve gotten used to being ignored in favor of some unknown other. So here’s some very new (July, 2014) research showing that no, we have not gotten used to being disrespected as our companions choose their smartphones over us. These researchers say that smartphones create a state of…
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    Karl Bayer's Disputing Blog

  • Houston Appeals Court Holds Issue of Arbitrability is for Arbitration Panel to Decide

    Beth Graham
    16 Sep 2014 | 7:45 am
    Texas’ First District Court of Appeals in Houston has affirmed a trial court’s ruling that it was up to an arbitral panel to determine whether it had jurisdiction to hear a corporate tax dispute. In Halliburton Co. v. KBR, Inc., No. 01-12-00949-CV, (Tex. App – Houston, September 11, 2014), Halliburton spun off its wholly-owned subsidiary KBR in 2007.  Prior to the separation, the companies entered into a number of agreements including a Master Services Agreement (MSA) that referenced a Tax Sharing Agreement (TSA).  Both contracts included an arbitration clause.  The MSA provided for…
  • International Commercial Arbitration Coming to a Courthouse Near You

    Beth Graham
    15 Sep 2014 | 9:53 am
    Retired Judge Judith S. Kaye, Skadden, Arps, Slate, Meagher & Flom LLP, and University of Missouri School of Law Professor S.I. Strong recently published International Commercial Arbitration Coming to a Courthouse Near You, 53 Judges’ Journal 20 (Summer 2014); University of Missouri School of Law Legal Studies Research Paper No. 2014-20. In their article, the authors discuss ongoing efforts to prepare the nation’s judiciary for the unique challenges often faced in the international commercial arbitration arena. Here is the abstract: Over the last few years, national courts have seen…
  • Fifth Circuit Holds Texas Federal Court Committed Error When it Refused to Compel Arbitration

    Beth Graham
    11 Sep 2014 | 2:39 pm
    The United States Court of Appeals for the Fifth Circuit has overturned a lower court’s decision not to compel arbitration in an oil & gas dispute. In Rushaid v. National Oilwell Varco, Inc., an oil drilling company (“Rushaid”) entered into a number of contracts with a group of related oil well companies.  The individual contracts were reportedly formed under Texas law after Rushaid submitted purchase orders in response to price quotes it received from the various companies.  In 2011, Rushaid filed a lawsuit in a Texas court against the various oil well companies over the…
  • Wolves of the World Wide Web: Reforming Social Networks’ Contracting Practices

    Beth Graham
    10 Sep 2014 | 6:18 am
    Michael L. Rustad, Thomas F. Lambert Jr. Professor of Law at Suffolk University Law School, and Thomas H. Koenig, Professor of Sociology and Anthropology in the Law and Public Policy program at Northeastern University, have published an interesting research paper entitled, Wolves of the World Wide Web: Reforming Social Networks’ Contracting Practices, Wake Forest Law Review (Forthcoming); Suffolk University Law School Research Paper No. 14-25. Prior to publishing their article, the authors conducted a statistical analysis of social media terms of use agreements including the arbitration…
  • El Paso Appeals Court Holds Employee Failed to Prove Arbitration Agreement is Unconscionable

    Beth Graham
    9 Sep 2014 | 7:49 am
    Texas’ Eighth District has overturned a trial court’s decision that an arbitration agreement is unconscionable.  In Whataburger Restaurants, LLC v. Cardwell, No. 08-13-00280-CV (Tex. App. – El Paso, August 13, 2014), a woman, Yvonne Cardwell, signed an acknowledgement prior to beginning working as a dishwasher for Whataburger which stated she understood that any employment or injury disputes would be subject to arbitration in Dallas.  The acknowledgment also included a provision that all Whataburger employees agreed to the arbitration policy by accepting employment with or continuing…
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    South Florida Lawyers

  • L-L-Lies: Debunking The No On 2 Campaign

    16 Sep 2014 | 4:10 am
    I like democracy. With good information voters can make good decisions. Conversely, with bad information voters cannot make good decisions.I just spent an afternoon listening to a powerpoint presentation put together by the Florida Sheriffs Association, and its main thesis – that Amendment 2 is riddled with loopholes – is not just bad information, it's pure bullshit.The attack on Amendment 2 by the NO crowd relies on an intentional misrepresentation of Florida's constitutional amendment and legislative process. The constitutional amendment is just that, an amendment. It is not nor…
  • SFL Monday -- Happy Happy Joy Joy!

    South Florida Lawyers
    15 Sep 2014 | 7:32 am
    Hi there, did you enjoy your abuse-filled, concussively violent sports weekend (except for the Fins,who played like wusses)?1.  Steve Siff going to jail for 13 months(!).2.  Judge Silverman robbed at gunpoint.3.  Constitution Day is almost here!4.  Subtle Dildo -- what an awesome name for a rock band!5.  "Judges smoke it.  Even the lawyers do."
  • SFL Civil Ethics Friday, Continued: Inadvertent Disclosure of Privileged Material!

    Guest Blogger
    12 Sep 2014 | 12:11 pm
    SFL sets the tone with his Ethics Seminar plug. (Anytime I see Tannebaum I review my malpractice policy limits.)If, like me, you "delegate" document production to your associates and "carefully" review the production before made, you've encountered the dreaded inadvertent disclosure of privileged material. We all know what to do: read FRCP 1.285. Or, to simplify, give it back.To simplify further, below is a visual demonstration of how to best handle this ethical conundrum.Have a great weekend.
  • DCDBA NTSF:SD:SUV Civil Ethics Seminar!

    South Florida Lawyers
    12 Sep 2014 | 8:20 am
    That group with a lot of initials (actually, it's here) is having a seminar about a few important topics:1. Gun rights;2. Government overreach;3. Constitutional violations;4. Illegal drone wars;5. How to rock a hat in South Florida; and6. Football.Ok, that's just how I imagine an ideal seminar unfolding for the afternoon moderator.(What did I miss, Robert?)It's really a terrific panel filled with notables, including distinguished practitioners and judges plus this guy captured mid-tweet:Mark your calendars for October 8th -- see you there!
  • I Don't Think Judge Tjoflat Likes These Tobacco Cases That Much.

    South Florida Lawyers
    11 Sep 2014 | 7:16 am
    He seems to think they don't belong in federal court any court:These consolidated appeals are yet another chapter in the ongoing tobacco litigation that began as a class action in Florida courts more than two decades ago and has since swollen the federal docket with thousands of individual cases. Today we are asked to decide the fate of 588 personal injury cases filed on behalf of purportedly living cigarette smokers who, as it turns out, were dead at the time of filing (a group we shall call the “predeceased plaintiffs”), 160 loss of consortium cases filed on behalf of spouses and…
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    eLessons Learned

  • Judge Not Lest Ye Be Judged

    15 Sep 2014 | 6:00 am
    Defendant Youkers was sentenced to an eight-year prison term. Youkers thereafter filed a motion for a new trial alleging that the judge who sentenced him engaged in improper communications and was not impartial. In particular, the father of Youkers’s girlfriend was one of the judge’s Facebook friends. The father also sent a message to the [...]
  • Large Volumes of ESI Irrelevant in Determining Accessibility

    12 Sep 2014 | 6:00 am
    In W Holding Co., Inc. v. Chartis Ins. Co. of Puerto Rico, the receiver of Westernbank, FDIC-R brought action under the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) against the banks’ directors and officers (D & O’s) for gross negligence, breach of fiduciary duties, fraudulent conveyances, and adverse domination. Prior to discovery, FDIC-R proposed [...]
  • eDiscovery Expertise: Is Knowing Too Much A Ground For Judicial Recusal?

    10 Sep 2014 | 6:00 am
    Just like TNT, the Second Circuit sure knows drama.  After years of protracted litigation, the Second Circuit finally put an end to an attempt to recuse a judge for knowing too much about eDiscovery and predictive coding. On April 10, 2013, in an incredibly brief order most likely meant to send a message deeper than [...]
  • Request for E-Discovery Restart Because Defendant Used Keyword Culling is Shot Down by Seventh Circuit Judge

    8 Sep 2014 | 6:00 am
    By the time In re Biomet made it in front of a Seventh Circuit Judge for a ruling, 2.5 million documents and attachments were produced to the plaintiffs in this large class action case against Biomet.  The plaintiffs wanted the judge to order the discovery of electronically stored information.  The plaintiff’s Steering Committee was unhappy [...]
  • No such thing as Plain Language in E-Disco—Court Called on to Define “Making Copies.”

    5 Sep 2014 | 6:00 am
    Phillips v. WellPoint, Inc., involved an application for costs by the prevailing defendant, WellPoint.  Among the costs sought to be recovered by WellPoint were $83,642.83 for “the process of scanning hard copy documents so that they could be produced in electronic format” and for services “for the preparation of native electronic files and documents for [...]
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    International Business Law Advisor

  • Connecting with International Business Leaders is Elementary: Start with the Periodic Table of LinkedIn Influencers.

    Santiago A. Cueto
    10 Sep 2014 | 10:53 am
    One of the great things about my job is connecting with international business leaders from all over the world. Whether its resolving a dispute between parties in Zurich and Saudi Arabia or closing a deal between joint partners in Singapore and London, it’s the relationship-building that is the most fulfilling. While working on international matters is an ideal way to connect, I’ve found that LinkedIn’s Influencer platform is also a great way to build relationships with international business leaders all over the world. How to Connect with International Business Leaders on…
  • How to Supercharge Your Exports with a Third-Party Logistics Provider (3PL).

    Santiago A. Cueto
    4 Sep 2014 | 6:30 am
    “I have a problem,” the caller said to me. “Our company’s textile factory in Vietnam has been sitting idle for several weeks.” The caller explained that it’s cotton supplier was unable to clear its shipping documents with customs officials. I asked whether the company had a back-up plan to find an alternative supply. “No,” replied the caller. “We didn’t think we’d ever need one.” The Cause of the Problem. I soon learned that the company handled everything in-house and lacked the industry expertise to  handle a last-minute logistics…
  • 4 Reasons Why a Lawsuit Over Flight MH17 Will Not Succeed in U.S. Courts.

    Santiago A. Cueto
    4 Aug 2014 | 7:56 pm
    “I opened the door and it was raining people. One fell in my vegetable patch” –Irina Tipunova, Rozsypne, Ukraine That horrific account captures only part of the tragedy that ended the lives of 298 passengers aboard Malaysia Flight MH17 last month.  Several hundred feet from Ms. Tipunova’s home, dozens more ravaged bodies lay in the wheat fields where the airliner came down. Upon learning of such a scene, the knee-jerk reaction for many international plaintiff lawyers is to rush lawsuits into U.S. courts to take advantage of it’s generous tort system. Indeed, it was only…
  • 35 International Business Etiquette Rules that Might Surprise You.

    Santiago A. Cueto
    12 Jun 2014 | 12:45 pm
    Besides that one time in Switzerland that I yodeled my lunch order, I’ve had a good stretch of luck with not running afoul of any major rules of etiquette when doing business in other countries. Whether I’m at Breakfast with a banker in Brazil, at lunch with a lawyer in London or at dinner with a dealer in Denmark, I’m always uneasy about violating some unspoken rule of etiquette in the country that I’m visiting. I’ve found that the best way to the right thing is to follow the local rules of etiquette is to simply follow the lead of my hosts. This has worked-out just fine for me.
  • 4 Steps to Effectuate Service of Process Under the Inter-American Service Convention

    Santiago A. Cueto
    23 Mar 2014 | 2:00 pm
    Out of the hundreds of articles I’ve written for this blog, one of the most widely read has been 7 Steps to Effectuate International Service of Process under the Hague Service Convention. That’s hardly a surprise given the complex nature of international service of process in general. This post is a logical follow-up to that one because the Inter-American Service Convention (IASC) provides an important supplement to the Hague Convention when United States litigation implicates parties located in Latin America. What follows is a general is a general overview of how to effectuate service…
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    Compliance Building

  • CFTC Allows General Solicitation for Private Funds

    Doug Cornelius
    16 Sep 2014 | 5:00 am
    In early 2013, the Commodity Futures Trading Commission decided to grab for more regulatory oversight and revoked some long-standing exemptions. The CFTC also got handed the regulatory oversight of non-securities derivatives. As a result, private funds with interest rate hedges had to figure out if they had to register with the CFTC as a commodity pool operator. One of the limitations with registration was a ban on advertising. As required by the Jumpstart Our Business Startups Act in July 2013 the Securities and Exchange Commission amended Rule 506 to permit “general solicitation” and…
  • Weekend Reading: House of Debt

    Doug Cornelius
    13 Sep 2014 | 6:00 am
    In House of Debt, Atif Mian, an economist at Princeton University, and Amir Sufi, a finance professor at the University of Chicago, make the case that household debt was the 2008 recession’s main culprit. This is a nuanced view that differs slightly from the view that it was the 2007 home price decline. Mian and Sufi point out that the poorest homeowners suffered the most from the crash in home prices. They relied the most on home equity for net worth. Richer homeowners had other non-real estate assets that were less directly affected by the decline in home prices. You can compare the…
  • Compliance Bricks and Mortar for September 12

    Doug Cornelius
    12 Sep 2014 | 5:00 am
    These are some of the compliance-related stories that recently caught my attention. Let’s Get This Straight, A URL Is Not An Address (At Least In This Case) by Keith Paul Bishop in California Corporate and Securities Law The tenant argued that the notice was defective because it included a URL (uniform resource locator) address rather than the address of a physical location. The Appellate Division agreed, finding that the correlation of the address to a person in the statute “indicates that the ‘address’ which is intended is a physical address where that person can be found to receive…
  • 9 11

    Doug Cornelius
    11 Sep 2014 | 6:00 am
    “Tribute in Light” from the US Air Force The September 11 attacks resulted in the deaths of 2,977 victims. The victims included 246 on the four planes, 2,606 in New York City in the World Trade Center towers and on the ground, and 125 at the Pentagon. Nearly all of the victims were civilians. One was an employee of my company. Make a few minutes today to remember those 2,977 lives lost directly, and the thousands more as a result of the subsequent military actions. Thousands more Americans were killed in Afghanistan to attack the perpetrators of 9-11. Make a few more minutes to…
  • The SEC Is Serious About Section 16 Filings

    Doug Cornelius
    11 Sep 2014 | 5:00 am
    Section 16(a) of the Exchange Act and the rules promulgated thereunder apply to every person who is the beneficial owner of more than 10% of any class of any equity security of a public company, and any officer or director of a public company. The Securities and Exchange Commission announced a sweeping group of charges against 34 officers, directors and major shareholders for failing to make their section 16 reports. Apparently, the SEC had an initiative underway to review filing deficiencies and identified individuals and companies with especially high rates of filing deficiencies. These…
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    Simmons Firm

  • Participate in Mesothelioma Awareness Day This Year

    John A. Barnerd
    5 Sep 2014 | 11:26 am
    Mesothelioma Awareness Day, which takes place on Sept. 26, is fast approaching. If you’re thinking about getting involved this year, now is the time. National Mesothelioma Awareness Day is a day dedicated to raising awareness and research funds for mesothelioma. It first began in 2004 when it was created by a group of Mesothelioma Applied Research Foundation volunteers. In 2010, the U.S. Congress passed a resolution designating Sept. 26 as National Mesothelioma Awareness Day. Every year since then, participation in the awareness day has grown larger and more widespread. The day is…
  • Upcoming Mesothelioma Events You Don’t Want to Miss

    John A. Barnerd
    29 Aug 2014 | 9:03 am
    Mesothelioma Awareness Day, September 26, was founded in 2004 to bring recognition to mesothelioma, the rare cancer linked with asbestos exposure. Accordingly, organizations that are dedicated to researching, treating, and curing mesothelioma are providing a host of events to honor this important day. In addition, there are some more intensive conferences and varied events that will be offered throughout the next year that also hope to increase mesothelioma awareness and fund mesothelioma treatment research. 1. 9/6/14 Kayaking 4 Meso, Stillwater, N.Y. This eight mile kayak trip down the…
  • Financial Aid Expanded for Traveling Meso Patients

    Amy E. Garrett
    28 Aug 2014 | 8:57 am
    New Program Expands Financial Assistance for Travel Expenses of Mesothelioma Patients The Mesothelioma Applied Research Foundation has increased the opportunities for travel expense reimbursement. Their Travel Grant program will now provide financial assistance for mesothelioma patients participating in clinical trials that require long distance visits. Formerly, expenses were only covered for those traveling to an initial consultation with specialists. The Meso Foundation began accepting applications for clinical trial traveling in late June. Patients seeking mesothelioma treatment from…
  • Become a Sponsor for the 2014 Miles for Meso 5K

    John A. Barnerd
    18 Aug 2014 | 6:01 am
    Besides raising funds to help support the mesothelioma community, the best part about the Alton Miles for Meso race are the shirts. Run Well, a local running store, was a Bronze Sponsor during the 2013 Miles for Meso race. As part of its sponsorship, it received a table to participate in the Miles for Meso’s vendor fair. If you’ve ever attended a Miles for Meso race, you know what I mean because everyone who registers for the Alton race, receives a free shirt. They are a moisture-wicking, long-sleeve shirt with cuffed sleeves. The most common comment we hear every year from race…
  • Miles for Meso Race to Take Place September 27, 2014

    John A. Barnerd
    12 Aug 2014 | 9:02 am
    Mark your calendars for the Miles for Meso 5K Race & 2K Fun Run/Walk. Early registration is now open for the race taking place in Alton, Ill. This year’s race will begin at 9 a.m., Saturday, Sept. 27, at the Simmons Hanly Conroy Alton office at One Court Street. The event is presented by the firm and coordinated by the Metro TriClub. All proceeds will benefit the Asbestos Disease Awareness Organization. Last year, the Alton Miles for Meso race raised $25,000, which was donated to the Mesothelioma Applied Research Foundation (see image.) Miles for Meso races have been held in Illinois,…
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    Texas Wills and Trusts Law Online

  • Can The Beneficiary Of My Estate Also Be My Executor?

    Rania Combs
    10 Sep 2014 | 9:00 am
    I’ve received several emails the past few weeks asking whether it is possible for a beneficiary of an estate to also serve as executor. Naming someone as the executor of your estate does not preclude him or her from inheriting from you. In fact, the executor can and often is a beneficiary of the estate. An executor is a person charged with the responsibility of winding up your affairs after you die. The executor’s duties include: Inventorying and collecting your assets; Managing the assets during the administration of the estate; Receiving and paying the claims of creditors and tax…
  • If You Are A Part of A Blended Family, You Need A Will

    Rania Combs
    5 Sep 2014 | 11:00 am
    I got an email from someone this week whose husband did not have a Will. She and her husband had been married for 17 years. He had three children from a prior marriage, and they had one child together. Before they got married, he bought a house and a commercial building. During their marriage, they bought a home together. She asked: “Could this type of situation be a problem in Texas?” The short answer is yes! Intestate Distribution in Blended Families Many people assume that when they die, their spouse will inherit all their property. This is not always the case. When a married person…
  • What is the Tax Consequence of Selling Property I Inherit or Receive As A Gift?

    Rania Combs
    27 Aug 2014 | 7:30 am
    Several weeks ago, I received a phone call from a client whose elderly mother owned several pieces of real estate in an exclusive part of town. She had purchased the property decades ago for very little, but since then, the property had appreciated more than a hundredfold. She asked about the tax consequences of selling this highly appreciated property after her mother died. As it turns out, my friend and accountant, Ranjana Batra’s recent newsletter topic was about just that. I’m delighted that she has graciously allowed me to share the following expanded version of her…
  • Growing Number of Americans Choosing Cremation

    Rania Combs
    13 Aug 2014 | 9:00 am
    If you have decided to be cremated when you die, you’re one of a growing number of Americans making that choice. I came across an interesting infographic today titled Ashes to Ashes, which illustrates how cremation has increased in popularity, the average cost of cremation, and the states with the highest cremation rates. The infographic also illustrates where cremains can be scattered, and some odd things some people have done with cremains, such as making vinyl records, teddy bears, and stained glass windows. Check it out below:
  • Don’t Keep Your Heirs in the Dark

    Rania Combs
    6 Aug 2014 | 7:00 am
    If you or someone you know has been a beneficiary of an estate, you may have been exposed to the frustration and disagreements that can occur when details of an estate plan are kept secret until a parent dies. The frustration may have resulted from an unequal distribution of the estate, or a large asset, like a family home, passing in an unexpected way. Additionally, there was likely to have been more dissatisfaction if the beneficiary was part of a blended family. According to a recent USB Investor Watch Report, about half of beneficiaries in blended families report dissatisfaction with the…
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  • More hours of sleep could be better for your career than extra work

    Dave Wieneke
    27 Aug 2014 | 7:30 pm
    Let’s face it, there’s only so much more that can be done with less. Fewer staff, working harder can only spike productivity so long, until diminishing returns sets in and leaves a team trashed. American’s have definitely increased their working hours In the U.S., 85.8 percent of males and 66.5 percent of females work more than 40 hours per week. According to the International Labor Organization, “Americans work 137 more hours per year than Japanese workers, 260 more hours per year than British workers, and 499 more hours per year than French workers.”   More for less can only…
  • Admiral McRaven to Become Chancellor of U Texas System at Record Salary

    Dave Wieneke
    21 Aug 2014 | 8:15 pm
    Just this morning I dug in to the Chronicle of Higher Education’s brand new annual almanac. Once a year this small tome arrives with updates everything from enrollment data, to college financial data and faculty pay. I have to admit that I stopped briefly checking on the backgrounds on this year’s new college presidents. Over 1/3 of presidents appointed this year are women. Nearly 70% were promoted from within their institution. 8% of them came from a “noncollege” position.   That caught my imagination — were these former state officials taking taking plumb…
  • We’re Not Digital Marketers, We Market In a Digital World

    Dave Wieneke
    19 Aug 2014 | 8:46 pm
    Live from Boston – I’m posting just some of the highlights from the first day of Scott Brinker’s Marketing Tech Conference. Six and a half years ago, Scott Brinker started a blog about the intersection of marketing and technology. His idea grew from an early profound insight that for digital marketing to thrive, it will have to develop its own “layer of software”, or as he’d say it, “turn marketing into software. This was nearly three years before Marc Andreessen famously came to a similar conclusion about business overall. Nobody is quicker, kinder, or better able…
  • Hapless Airport Advertising Reaches New Heights with Boston’s Convention and Visitors Bureau

    Dave Wieneke
    1 Aug 2014 | 12:12 pm
    I’m having a hard time getting past the non sequitur which is at the heart of a bad ad in Boston’s Logan Airport presented by the Greater Boston Convention and Visitors Bureau. Summer Selects…BostonWhat does this even mean? Did Summer select Boston like the GOP selected Cleveland, or like the Olympics will select any city other than Boston if they’re rational? And talking about the time of year before getting to the real message just feels like tactic more suitable for a PTA newsletter than a display ad. Look how long its taking us to get to the point of this ad. You…
  • Tantrum Over Irrelevant Facebook Research Reveals Gaping Digital Naivety

    Dave Wieneke
    3 Jul 2014 | 9:33 am
    Better controversial than inconsequential?The media tantrum complex — those who fill continuous air time with breaking news and acrimony have no incentive to point out that the findings of Facebook’s controversial research are all but meaningless. Facebook too has a sort of perverse incentive to encourage hand wringing over the power of their newsfeed, even though the actual published results suggest its impact is at best a rounding error.  Histrionic headlines, such as Atlantic Monthly’s  “Facebook’s Secret Mood Manipulation Experiment” inflate routine…
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    A Connecticut Law Blog

  • One

    Ryan McKeen
    1 Sep 2014 | 3:53 pm
    McKeen Law Firm, LLC turns one today. It has been an amazing year. We’ve championed causes at trial, on appeal, and before the General Assembly. Many of our victories have occurred in resolving matters favorably for our clients in ways that don’t grab headlines. We’re proud of our work. This year I’ve spent a lot of time and money improving my trial advocacy skills. I’ve attended national seminars and have developed an extensive library of the most cutting edge trial materials available. I’ve invested time and resource into putting technology to work for…
  • A Little Labor Day Law

    Ryan McKeen
    29 Aug 2014 | 6:29 am
    Happy Labor Day! Labor Day marks the end of summer. And for many Connecticut students it means back to school. Here’s a little school law post for your holiday weekend. Connecticut General Statutes Section 1-4 is one of the more interesting statutes on the books.  Check this out: When any such holiday, except holidays in January and December, occurs on a school day, each local and regional board of education may close the public schools under its jurisdiction for such day or hold a session of the public schools on such day, provided, if a session is held, the board shall require each…
  • McKeen Selected For Hartford Business Journal’s 40 under 40 Class

    Ryan McKeen
    21 Jul 2014 | 4:58 am
    This morning, the Hartford Business Journal announced it’s 2014 – 40 under 40 class. I’m proud to have been selected. A year ago yesterday, I began building McKeen Law Firm. I didn’t know where my office was going to be, what my firm was going to be named, or when I was going to open. Life had given me a blank slate. While my name makes the Hartford Business Journal – my success wouldn’t be possible without the support of many people. I’m most grateful to my family for supporting me. When I needed it the most they were they helped and believed in me.
  • McKeen Moderating Connecticut Landlord-Tenant Law Seminar

    Ryan McKeen
    16 Jul 2014 | 5:13 am
    “You’re going to look back and think this was one of the best things that’s happened to you professionally.” It surely didn’t feel that way at the time. Those were the words of a partner to me in my first year of practice. I was in the middle of one of the nastiest and most difficult cases that I’ve encountered in my nearly 9 years of practice. It was a commercial eviction. I am representing the landlord. The tenant is represented by two law firms. The tenants lawyers file every motion in the book seeking to delay and/or deny my client possession of their…
  • Helping Those In Need of Pro Bono Foreclosure Counsel

    Ryan McKeen
    13 Jul 2014 | 5:43 pm
    About five years ago, I stopped taking foreclosure defense cases. Defending a foreclosure action is always both frustrating and time intensive – banks lose documents. I made the decision to focus my practice on other areas of the law. I’ve never lost my desire to help homeowners in a time of crisis. So many people are an illness or job loss away from being a defendant in a foreclosure action. Those who find themselves facing foreclosure are confronted with overwhelming stress. In 2013, I signed up for the Hartford Judicial District’s volunteer attorney program to assist…
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    Legally India - News for Lawyers

  • Karkardooma lawyers, BC official see ghosts in computer screens, call in Ghostbusters

    16 Sep 2014 | 4:23 am
    The usual cacophony of lawyers, petitioners and visitors at the Karkardooma Court Complex has of late been replaced by hushed talk about ghosts, spirits and the supernatural. A white shadowy figure has been sighted in many parts of the complex. And a video footage has only buttressed the claims - and fears - of paranormal activities. According to Shahdara Bar Council joint secretary Raman Sharma at Kakardooma Court, following complaints of strange sightings by many, eight CCTV cameras were installed at different spots in the ten-storey building in east Delhi that included the library and bar…
  • BCI bans term-time student internships to nip empty classroom menace (*cough* GLC *cough* DU)

    16 Sep 2014 | 4:15 am
    The Bar Council of India (BCI) has directed law schools to forbid their students from undertaking internships outside of their university vacations.
  • Delhi HC dismisses ML Sharma land-licence plea v Robert Vadra & others

    16 Sep 2014 | 2:33 am
    The Delhi High Court Tuesday dismissed a PIL seeking a CBI probe into the licences granted to several real estate developers in Haryana, including one allegedly associated with Congress chief Sonia Gandhi’s son-in-law Robert Vadra. A division bench of Chief Justice G. Rohini and Justice R.S. Endlaw rejected the public interest litigation filed by advocate M.L. Sharma. Sharma in his plea alleged that several licences were issued to developers and builders for turning 21,366 acres of agricultural land into colonies without complying with the statutory rules. The decision caused a “serious…
  • SC advises governments how to help better in Kashmir floods & to pay compensation

    15 Sep 2014 | 9:16 pm
    The Supreme Court Monday asked the Jammu and Kashmir government to consider giving ex-gratia payment for people affected by the floods and to immediately take up the issue of restoring banking facilities in the affected areas. The bench of Chief Justice R.M. Lodha, Justice Kurian Joseph and Justice Rohinton Fali Nariman said that coupled with the rescue and relief operation, focus should be on the rehabilitation of people. The court pointed to photographs showing people stranded on rooftops for days and expressed relief that it was not raining in Kashmir any more. “Thank god, it is not…
  • ML Sharma's PIL vs Robert Vadra land deal: Delhi HC to pronounce tomorrow

    15 Sep 2014 | 8:59 am
    The Delhi High Court will Tuesday pronounce its order on a PIL seeking a CBI probe into licences granted to Haryana realty developers, including one to Congress chief Sonia Gandhi’s son-in-law Robert Vadra. A division bench of Chief Justice G. Rohini and Justice R.S. Endlaw will pronounce the judgment on the public interest litigation filed by advocate ML Sharma. He alleged that several licences were issued to developers and builders for turning 21,366 acres of agricultural land into colonies without complying with the statutory rules. The decision caused “serious financial loss of Rs.3.9…
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    Associate's Mind

  • No Navigator, No Parachute, No Problem: Flying Solo – July 2014

    Florida Esq
    22 Aug 2014 | 5:41 am
    Sorry about the delay, folks.  The end of July was a little nuts, and it’s taken me a few days to make sure everything’s squared away. Here are the slightly-delayed numbers for July: Clients Referral from other attorneys: 5 Found me online: 2 Referral from area businesses/professionals: 4 Referral from local bar lawyer referral service: 1 Came to see me after speaking engagement: 1 Already knew me: 1 Total clients: 14 Expenses Advertising (new rack cards, Google Adwords buy): $179 Office supplies (including payments to business credit cards & $200 for funding escrow accounts with…
  • The Great Conversation: Brunelleschi, Failure, and Invention of the Renaissance

    David L. Smith
    18 Aug 2014 | 12:01 pm
    Keith has talked a lot in this blog about the difficulties in establishing oneself in practice coming out of law school, the insecurity and/or feeling of failure that young lawyers experience, the dedication and ethic(s) required to succeed, etc. Recently, and from this angle, I’ve been thinking about a historical anecdote (the subject of this post) and how it might relate to you, not only in law but also in life. It’s a story about naive confidence, great expectations, competition, humiliation, retreat, re-engagement, and rebirth. It’s a story that every human can…
  • 4-Year Blogiversary

    Keith Lee
    18 Aug 2014 | 11:57 am
    It’s been all quiet on the Western Front here the past month due to being too busy with work and other projects to keep updating, though I have still been writing my weekly column at Above The Law. But things have started to quiet down and we’ll now return to regular posting. Also of note, it’s been 4 years since I started Associate’s Mind back in 2010. Wild to think how long I’ve been at it. While it was a bit of a crazy idea at the time, starting Associate’s Mind has been of the best things I’ve ever done. It has led to numerous opportunities and…
  • What Did One Math Book Say To The Other?

    Keith Lee
    17 Jul 2014 | 7:31 am
    Law schools have traditionally done one thing with their students: taught them to “think like lawyers.” Through the Socratic method and study of case law, students are given the tools to analyze and understand the law. But as we all know, it doesn’t exactly prepare to students to practice as lawyers. But it’s also worth pointing out that law students come at their understanding of the law from the backend. Here is what a judge decided was the law in this particular situation. But that is not where things start. Things start when a client walks through your door, sits…
  • The Secret Ambition of Every Brief

    Keith Lee
    9 Jul 2014 | 11:18 am
    While researching something completely unrelated, I came upon a brief article by Justice Maria Rivera (First District Court of Appeal, Div. 4, CA) regarding writing briefs for appeals entitled: The Ten Commandments of Brief Writing. Before delving into the “Ten Commandments”, Justice Rivera leads off with the following quote from Mortimer Levitan from the article, “Confidential Chat on the Craft of Briefing.” Journal of Appellate Practice and Process, Vol. 4, No. 1 (Spring 2002): The secret ambition of every brief should be to spare the judge the necessity of engaging in any work,…
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    Dangerous Drugs & Medical Devices

  • 2014 – FDA Recalls DePuy Craniomaxillofacial Distraction System, Cites Fatal Risk

    Jared Fink
    28 Aug 2014 | 8:44 am
    Recently, a craniofacial distraction implant by DePuy Orthopaedics was recalled.  This device, called the Craniomaxillofacial (CMF) Distraction System, “is a modular family of internal distraction devices that are used to gradually lengthen the mandible body and ramus” and indicated as “a bone stabilizer and lengthening (and/or transport) device for correction of congenital deficiencies or posttraumatic defects of the mandibular body and ramus, where gradual bone distraction is required,” for children less than one year old. However, the FDA writes that “Infants are at the highest…
  • 2014 – Benicar linked to severe gastrointestinal disease

    Jared Fink
    27 Aug 2014 | 2:32 pm
    In May 2014, Hélène Théophile and a team of researchers published an article titled “Five cases of sprue-like enteropathy in patients treated by olmesartan,” which further demonstrated that exposure to Benicar (olmesartan) is linked to an increased risk for severe gastrointestinal disease. Here is the abstract for that article: “We describe five cases of sprue-like enteropathy during treatment with olmesartan, [a drug] indicated for the treatment of hypertension. Patients presented severe diarrhoea, significant weight loss or dehydration, with or without intestinal villous atrophy.
  • Benicar linked to severe gastrointestinal disease

    Jared Fink
    18 Aug 2014 | 5:32 pm
    In January, 2013, an article by Stephanie E. Dreifuss and a team from University of Pittsburgh published an article in Case Reports in Gastrointestonal Medicine titled “Spruelike enteropathy associated with olmesartan: an unusual case of severe diarrhea.”.  There, the connection between the high blood pressure drug Benicar (olmesartan) and sprue like enteropathy was again made clear. In their paper, the team describes the case of a “64-year-old male with a history of hypertension [who] presented with worsening diarrhea and 25-pound weight loss over the preceding three months.”…
  • 2014 – Birth defects risk increased 250% with Depacon / Depakene / Depakote

    Jared Fink
    8 Aug 2014 | 2:22 pm
    In recent years, dozens of studies have been published illustrating an increased risk for birth defects linked to antiepileptic drugs containing sodium valproate such as Depacon, Depakene, and Depakote.  While these drugs are effective in the mitigation of seizures, the risks posed to developing babies cannot go overlooked.  Here, I will summarize one such study by G. Veiby et al., first appearing in the March, 2014 edition of Journal of Neurology.  This study was titled “Fetal growth restriction and birth defects with newer and older antiepileptic drugs during pregnancy.” and comes…
  • SSRIs linked to “abnormal development” of fetus

    Jared Fink
    8 Aug 2014 | 1:47 pm
    In 2012, C.M. Nijenhuis and a team from University of Groningen (Groningen, The Netherlands) published a study titled “Disturbed development of the enteric nervous system after in utero exposure of selective serotonin re-uptake inhibitors and tricyclic antidepressants. Part 1: Literature review.” in British Journal of Clinical Pharmacology.  There, the link between gestational exposure to selective serotonin reuptake inhibitor drugs (SSRIs) and poor birth outcomes was further explored. The team states “The increase in selective serotonin re-uptake inhibitor (SSRI) use during pregnancy,…
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  • 7 Questions Your Website Should Answer

    Cari Twitchell
    15 Sep 2014 | 4:12 am
    You have a few precious seconds to get a visitor’s attention so they will stay on your website. Why does this matter? Because the longer they stay on your site, the more likely they are to contact you.One of the best ways to grab a visitor’s attention and keep it is to answer the most frequently asked questions users have. If you fail to do so you will lose visitors fast, and each visitor you lose is a missed opportunity.To increase your odds of improving your site’s conversion rates (how many visitors turn into clients) make sure you answer these five questions:Who are you?
  • The Legal Tech Audit Proves Lawyers Are Terrible at Technology

    Lisa Needham
    12 Sep 2014 | 1:33 pm
    At last year’s LegalTech West Coast Conference, D. Casey Flaherty, Kia Motors America’s in-house counsel, made the provocative assertion that many lawyers are technologically incompetent, and this incompetence leads to wasted time and money. In an attempt to address this, Flaherty developed a legal tech audit (LTA) designed to test basic competencies in working with PDFs, Word documents, and Excel spreadsheets. Flaherty first administered the audit to nine outside counsel firms. According to Flaherty, all of them failed spectacularly.After using an early version of his legal tech…
  • Find Out How Much You Are Overbilling Your Clients

    Sam Glover
    11 Sep 2014 | 9:11 am
    Ask someone how much they worked last week, and they will probably overestimate the number by 5–10%, according to a study published by the Bureau of Labor Statistics. And the more someone thinks they worked, the greater their overestimate is likely to be, says the Economix blog at the New York Times.Humans (well, American humans, at least) have really inaccurate memories when it comes to the time they spend working, in other words. We aren’t nearly as busy as we think we are, according to sociologist John Robinson, even if we feel like we are working all the time.Lawyers are even…
  • Seven Ways Your Law Firm Can Learn from a Tech Startup [Sponsored]

    Jack Newton
    10 Sep 2014 | 3:44 pm
    At first glance your law practice might not seem to have much in common with Silicon Valley companies like Facebook and Google. However, in today’s rapidly evolving world, the ability to innovate and adapt is crucial for any business…including large legal firms and upstart solo practitioners. Here are seven lessons you can learn from successful tech startups in order to grow your business and improve your practice’s bottom line:1. Understand the key metrics shaping your businessAs clients increasingly push for lower legal costs, it’s all the more critical to understand how metrics…
  • How To Keep Your Client Safe From Solicitation

    Megan Zavieh
    10 Sep 2014 | 8:31 am
    Some of the most fundamental rules governing the ethics of lawyers relate to attorney advertising. Don’t over-promise in your ads, include basic disclaimers, and never offer your services to someone you know is already represented.So what do you do when another lawyer is trying to solicit your client?On the one hand there is the issue of whether to report unethical conduct to the proper regulators. In brief, in many states there is some obligation (or at least encouragement) to report lawyers who violate the rules.On the other hand, there is the issue of keeping your client while still…
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    New York Personal Injury Law Blog

  • Apple, Privacy and Law

    Eric Turkewitz
    10 Sep 2014 | 7:00 am
    Yesterday Apple had its massive product presentation and one of the products it announced was a new pay system for credit cards, Apple Pay. Load the cards into an iPhone, and then just wave them in front of a techno-gadget at the check-out counter and you’re done. Simple. Why might this be important? Currently, big business is tripping all over itself to gather as much information on you as possible, taking away big chunks of your privacy. A 2012 New York Times piece on Target explained how, based on the buying patterns of a teenager — unscented lotions, vitamin supplements and…
  • Joan Rivers Death and ‘Risk of the Procedure’

    Eric Turkewitz
    5 Sep 2014 | 4:00 am
    Joan Rivers in 2010, via Wikipedia The phrase grates on me big time, that a poor medical outcome was a “risk of the procedure.” And so it is now that we see in a couple places with the death of Joan Rivers after she stopped breathing during an out-patient endoscopic procedure, that the phrase “risk of the procedure” is popping up, as if to excuse what happened. One leading possibility for death, of course, is that it was related to the anesthesia, which Ms. Rivers likely had numerous times considering all the jokes she made about her own plastic surgery.  A sudden…
  • GPS is Making Us Dumber (And other thoughts on the law)

    Eric Turkewitz
    26 Aug 2014 | 4:00 am
    Some folks want directions when they go someplace new. Others want a map. The directions tell you lefts and rights. The map tells you where you came from and where you need to go. Many GPS devices simply tell you to make those rights and lefts. They don’t tell you where you are. And thus we become unthinking followers. GPS devices were wrong at least twice on last week’s family vacation in Maine, once while I followed a family member and a second time while sitting shotgun. The GPS said to go one way and my brain said to go the other. The only reason I overruled the GPS directives…
  • Cops in Tanks vs. Cops on Bikes

    Eric Turkewitz
    15 Aug 2014 | 10:39 am
    The juxtaposition of the pictures couldn’t be more stark.  Out in Ferguson, Missouri, in the wake of  an unarmed teen being shot dead by a cop, we see a militarized police force racing in to use all their toys of crowd control: Tear gas, rubber bullets, armored personnel carriers and, of course, the military-style uniforms with riot armor. Everything about it screams, “Stay the hell away from us.” And the other picture is one I noted on the Gothamist a couple weeks back: A cop on a bike. The article is ostensibly about being caught riding on the sidewalk, but that…
  • More Motions to Dismiss Against Dr. Michael Katz

    Eric Turkewitz
    31 Jul 2014 | 11:16 am
    Justice Hart’s opinion of Dr. Katz. Your familiarity with the defamation suit against me by Dr. Michael Katz will be presumed. Very briefly, he’s the guy that sued me because Justice Duane Hart called him a liar about 25 times and I reported it. He can’t sue the judge, so he figured he would sue me. I’ve moved to dismiss and have him sanctioned for his frivolous suit, frivolous conduct, and making an improper demand for $200 million. My co-defendants have now also made motions to dismiss. Samson Freundlich did a “me too” motion (Affid –…
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    The Probate Lawyer Blog: Famous Fortune Fights!

  • Joan Rivers Teaches Lesson About Termination Of Life Support

    Danielle & Andy
    10 Sep 2014 | 1:27 pm
    “I ain’t afraid of death.”  Joan Rivers once told Time Magazine, “I’m in show business.  I died a million times.”   Aging.  Dying.  Death.  Concepts no one likes to think about, much less talk about.  Of the many fatal tragedies the celebrity world has suffered lately — Lauren Bacall, Robin Williams, and Casey Kasem, to name a few — perhaps none shook people to the core as much as the passing of Joan Rivers. Even at 81 years old, her death seemed to take everyone off-guard. Except maybe Joan Rivers herself.  While on stage for the final time, she told the audience how…
  • Celebrity Legacies: The Fleecing Of The Elvis Presley Estate

    Danielle & Andy
    10 Sep 2014 | 1:17 pm
    Elvis Presley earned more than one billion dollars during his career … so why was his estate worth only about ten million dollars when he died?  How did things get even worse for his heirs afterwards?   And what would Elvis Presley say about appearing as a hologram? This is installment #6 of our weekly Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate legal experts.  See other articles in the series here. There can be no doubt that Elvis Presley truly earned his nickname as the King of Rock…
  • Celebrity Legacies: Yoko and Julian Battled Over John Lennon's Estate

    Danielle & Andy
    3 Sep 2014 | 5:28 am
    When John Lennon of the Beatles was tragically murdered in 1980, his controversial widow, Yoko Ono, took charge of his legacy and his fortune ... but where did that leave his two sons? As arguably the most successful songwriter of all time, what did Lennon leave behind?   And what did the King of Pop have to do with John Lennon's legacy? This is installment #5 of our weekly Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate legal experts.  See other articles in the series here. He famously sang "All…
  • Celebrity Legacies: Whitney Houston No Stranger To Estate Trouble

    Danielle & Andy
    2 Sep 2014 | 3:45 pm
    Whitney Houston's fortune bounced from sky-high to significant debt.  What did this mean for her estate?  And was it money — or something else — behind Whitney’s ugly legal battle with her “step-mother”?  How exactly does Bobby Brown fit into all of this? This is installment #4 of our weekly Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate legal experts.  See other articles in the series here. Before Whitney Houstonunexpectedly drowned in a Beverly Hills hotel bathtub at age 48, on…
  • Celebrity Legacies: The Anna Nicole Smith Estate Battle

    Danielle & Andy
    20 Aug 2014 | 9:08 am
    So how long exactly does it take to resolve the dispute over the estate of an 89-year old Texas oil tycoon who married a 26-year old stripper and Playboy Playmate?  Shouldn't the case end when both the stripper (Anna Nicole Smith) and her "step-son" (Pierce Marshall, who was 27 years older than she was) die?  And is this really important enough to be heard by the United States Supreme Court, not once, but twice? This is installment #3 of our weekly Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate…
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  • Solar Storm Survival Guide

    12 Sep 2014 | 2:29 pm
    Everything you need to know about the upcoming solar storm that is heading straight for our little blue marble is contained in this scientist’s facial expression. An unaltered screen capture from the USA Today mobile website.
  • Azimuth Check: Wow! That Person Has Medals!

    10 Sep 2014 | 7:07 am
    I’ve been meaning to write this post for several days now. They stem from a few choice headlines from the August 28 Early Bird (a daily digest of military-related news, published by the Military Times). Most days, I scroll through the headlines without seeing much of note. On that particular day, there were several headlines that caught my eye. Where to begin… Pursue, Or Else The former commanding general of US Army Japan will retire as a 1-star general after the Secretary of the Army determined that he did not satisfactorily perform in the rank of Major General (2-star). Why?
  • That Day When I Offended a Potential Client

    9 Sep 2014 | 11:49 am
    This is a tale of two conversations. Conversation 1 Me: Hello? Potential Client (PC): I just have a few questions… (A few questions ensue.) Me: (Answers questions. Somewhat. Well, not really. I didn’t give away the bank. I didn’t even reveal the cashier.) PC: Thanks. This has been really helpful. (Click) Three weeks pass… Conversation 2 Me: Hello? PC: Hi, this is (name) calling you back. Me: OK PC: We talked a few days ago. Me: (Flipping through call log.) Oh, you called me three weeks ago. You said (short summary of case). PC: Yes! That’s me! Me: What’s…
  • An Afternoon With Sharp Cheddar

    30 Jul 2014 | 8:22 am
    During an afternoon out with Sharp Cheddar (for an understanding of who Sharp Cheddar is, read this first), who is now a precocious 8 years old, the following conversation occurred: Me: How ’bout we go to 5 Guys Burgers and Fries? Sharp Cheddar (SC): That sounds like a place where fat people eat. Me: What? SC: It sounds like a place where fat people go to eat. Me: Where do you get this from? SC: It just sounds that way. Me: But how do you get that from 5 Gu… SC: That’s just how it sounds. Me: Well, they have really good burgers. SC: So, I’m right that fat people go…
  • Azimuth Check: Lawyer or Lawyer*

    28 Jul 2014 | 10:22 am
    It’s been a while. I know. Such is life when you are maintaining a practice whilst packing house and home and moving to a new place. At one point, I decided to abandon Unwashed Advocate. I do this once a year, mostly during summer months. This decision is celebrated by me. It sure feels good to tell your blawg to go to hell. Then, I return. After writing brief after brief, appeal after appeal, it is nice to write something that contains your voice. Here, I don’t worry about using passive voice or botching citations. That’s nice. So, what’ve I been thinking of this…
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    Planning Notes

  • U.S. Federal Trademark Filings

    16 Sep 2014 | 8:58 am
    In 2013, more than 300,000 trademarks and service marks were filed across 45 different classes of goods and services with the United States Patent & Trademark ("USPTO"); however, less than 200,000 trademarks were registered by the USPTO office during 2013. In the United States, a trademark or service mark doesn't generally have any federal rights until that mark is registered by the USPTO in either the Principal Register or the Supplemental Register. Although both the Principal and Supplemental Registers are just that, registers, the rights associated with marks registered on the…
  • ALS Association Ice Bucket Challenge Trademark Filing

    29 Aug 2014 | 9:24 am
    The ALS Association has filed an application to register a federal trademark for "Ice Bucket Challenge", the viral sensation that has swept the nation this summer. Although most Americans likely associate "Ice Bucket Challenge" with the ALS Association, there is some dispute as to whether the Association was the first to use the term 'Ice Bucket Challenge' in combination with charitable fundraising. In particualr, 'Ice Bucket Challenge' was used with lung cancer fundraising in early July of this summer, which use precedes the date of first use in commece listed in the trademark filing, August…
  • What is a Family Limited Partnership?

    30 Jul 2014 | 10:52 am
    A family limited partnership, or FLP, can allow a taxpayer to leverage two federal tax devices in conjunction with a technique known as “discounting” in order to reduce the amount of federal tax imposed at the time of that person’s death. Tax Devices Federal tax laws impose a tax, called the Estate & Gift Tax, upon a person’s right to give his/her property to others, without compensation, while that person is alive or after that person’s death. Fortunately, however, two federal tax devices can reduce the amount of the Estate & Gift Tax: the so-called…
  • The Aereo Decision & Cloud Computing

    27 Jun 2014 | 10:42 am
    In American Broadcasting Companies, Inc. v. Aereo, Inc. the U.S. Supreme Court recently held that Aereo's service, which converts and subsequently (re)transmits over-the-air television broadcasts in near real time to Aereo's customers via the internet, effectively constitutes "transmitting performances of copyrighted works to the public", which in turn requires Aereo to pay over-the-air broadcasters a fee for doing so, pursuant to the Copyright Act. Although the ruling may seem fairly limited, and according to the text of the decision the ruling is indeed fairly limited, various commentators…
  • Congressional Committee Approves Permanent Bonus Depreciation & Charity Bills

    30 May 2014 | 10:03 am
    Bloomberg BNA on proposed permanent extension of bonus depreciation: The House Ways and Means Committee approved legislation to make bonus depreciation permanent, as well as a number of tax measures related to charitable giving. The depreciation measure (H.R. 4718) advanced after a vote of 23-11, one in a series of party-line votes as Republicans and Democrats on the panel tussled over whether the forgone revenue from tax expenditures should be recovered elsewhere in the budget—a position House Democrats have staked in the drawn-out argument over a number of tax provision extensions. If…
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  • BCI’s Internship Notice: Why you Should Totally Ignore it

    16 Sep 2014 | 4:25 am
    Well, let’s just say that issuing a notice is easy, but doing the work, which requires time, money, effort, expertise and vision, that’s difficult, and of course and the Bar Council of India has never really done the ‘good, difficult work’. The post BCI’s Internship Notice: Why you Should Totally Ignore it appeared first on Lawctopus.
  • Internship @ Centre for Excellence in Corporate Law, RMLNLU : A Practical Exercise in Banking Law

    'Ayan Chakraborty
    16 Sep 2014 | 3:10 am
    I got to learn so much about the whole banking system like how exactly fixed deposits, current accounts, Real-Time Gross Transfer etc. work. I discovered through the surveys how unaware the common people are about the banking system, even though they hold bank accounts. The post Internship @ Centre for Excellence in Corporate Law, RMLNLU : A Practical Exercise in Banking Law appeared first on Lawctopus.
  • Internship @ VCS Advocates and Associates, Delhi: Never hesitate in asking even your minutest doubts

    'Ayan Chakraborty
    16 Sep 2014 | 2:55 am
    When I first entered in their Saket District Court Chambers, I was attended by their junior associate. On the first day you will be taken to Court Rooms as per their scheduled cases and you might be introduced to other fellow associates. By Ankit Pathak, Amity Law School, Noida, 3rd year The post Internship @ VCS Advocates and Associates, Delhi: Never hesitate in asking even your minutest doubts appeared first on Lawctopus.
  • The LexisNexis-Lawctopus Summer Internship Writing Competition 2014: Win Rs. 50k Cash; Rs. 47k MyLaw Coupons; Rs. 20k Books; Submit by Sept 30

    15 Sep 2014 | 6:20 am
    1st Prize: Cash prize of Rs. 6000 + LexisNexis Books worth Rs. 4000 + courses worth Rs. 8000 + a certificate issued by LexisNexis India. Total takeaways worth Rs. 18,000 2nd Prize: Takeaways worth Rs. 14.5k 3rd Prize: Takeaways worth Rs. 11k Awards of Excellence (5 prizes):Takeaways worth Rs. 7k each Consolation Prizes (5 prizes): Takeaways worth Rs. 5.5k each The post The LexisNexis-Lawctopus Summer Internship Writing Competition 2014: Win Rs. 50k Cash; Rs. 47k MyLaw Coupons; Rs. 20k Books; Submit by Sept 30 appeared first on Lawctopus.
  • Innovative Online Law Courses from Indian Academy of Law and Management IALM

    15 Sep 2014 | 6:15 am
    Established in 2012, Indian Academy of Law Management (IALM) offers several online skill development law courses. These courses help students develop skills in a particular specific legal area that are useful and practical from job perspective. The post Innovative Online Law Courses from Indian Academy of Law and Management IALM appeared first on Lawctopus.
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    Fashion Law | Fashion Lawyer | Fashion Law Firm |

  • Sacramento Fashion Week Now Accepting Submissions for 2015 Presentation

    15 Sep 2014 | 6:45 am
    FOR IMMEDIATE RELEASE SACRAMENTO FASHION WEEK 2015 DESIGNER SUBMISSIONS NOW OPEN Sacramento, CA – September (15th) 2014 – DMR Productions, the producers of Sacramento Fashion Week (SACFW), is now accepting designer submissions for the 2015 Presentation of SACFW . Sacramento Fashion Week 2015 will take place the week of February 16th through the 22nd. The events for 2015 will showcase the talents of some of Northern California’s top designers and industry professionals throughout different fashion events and showcases. The mission of SACFW is to provide a platform for designers, models,…
  • Fashion Law Institute 4th Anniversary Show – Highlights, Video and Images

    9 Sep 2014 | 4:57 am
    UPDATE: Narciso Rodriquez and Fashion Law Institute founder Prof. Scafidi have a new op-ed on fashion design protection in today’s New York Times. After changing the landscape of the Mercedes Benz Fashion Week runways with last year’s celebrated plus-size fashion show, the Fashion Law Institute once again demonstrated the power of fashion to make a difference in women’s lives with Friday’s show featuring designer Carrie Hammer. Walking the runway in the show were role models from throughout the business and nonprofit worlds, including Fashion lawyer, journalist and former fashion…
  • Pictures: Fashion Lawyer Uduak Oduok Models for the Fashion Law Institute/Carrie Hammer Spring/Summer 2015 Show #Fashionlaw

    8 Sep 2014 | 7:46 am
    Hello there folks! Happy new week. I wish you a healthy, fashionable and productive week ahead! What have I been up to? I am on a business and mini-vacation in New York. I am also covering Mercedes Benz New York Fashion Week. The bi-annual event began on September 4th and ends on September 11th, 2014. Prior to arriving in New York for fashion week, I was asked by Designer Carrie Hammer to model in her show. When she informed me about the theme of the show ‘Role Models Not Runway Models,’ it was simply a no brainer to say “Yes!” I walked her runway show alongside some…
  • Fashion Law (Podcast): Did Designer Gavin Rajah Infringe One of Zuhair Murad’s Designs?

    19 Aug 2014 | 3:42 am
    Hey folks, this is a recent Podcast episode on my other platform, Ladybrille, that I believe might interest you all. Take a listen. Cheers, Uduak Did Fashion Designer Gavin Rajah Infringe on the Design of Zuhair Murad? A few weeks ago, Gavin Rajah a renowned South African fashion designer was accused of copying international designer Zuhair Murad’s design from his Spring/ by a popular South African fashion blogger. The story went viral and even hit international shores. Gavin grants this exclusive interview on the Ladybrille WOMAN Podcast to discuss the issue and the business of…
  • Very SAD News: Robin Williams Dead at 63, Allegedly Commits Suicide

    11 Aug 2014 | 5:42 pm
    This is truly very very sad news folks.  My condolences to his friends and family. He made such an impact in the lives of many, worldwide. -Uduak “Robin Williams has committed suicide.The Oscar-winning actor/comedian killed himself in Tiburon, in Northern California.   His people tell us he’s been recently battling severe depression.  According to the Marin County Sheriff’s Office … authorities found Williams’ body inside his home.  They say he was found unresponsive.He was unconscious and not breathing and the coroner suspects suicide due to…
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    Law and Daily Life

  • Stepchildren & Your Will: 3 Questions to Ask a Lawyer

    Daniel Taylor, Esq.
    16 Sep 2014 | 7:08 am
    With today being National Stepfamily Day, it's a good time to remember that if your family includes stepchildren, you may need to revisit your estate plan. Stepchildren are often considered by their stepparents to be on equal footing with any biological children that parent may have. But legally, a parent's natural-born children may be treated differently than stepchildren for purposes of distributing your property after your death under the terms of a will or through your state's intestacy code. What do you need to know when your estate planning involves stepchildren? Here are three…
  • Supreme Court to Consider 5 Gay Marriage Cases at Fall Conference

    Daniel Taylor, Esq.
    16 Sep 2014 | 7:04 am
    As the U.S. Supreme Court prepares for the opening conference of its October 2014 term, the Court is set to consider whether or not to hear cases from five states dealing with the constitutionality of same-sex marriage bans. The cases -- from Wisconsin, Utah, Virginia, Oklahoma, and Indiana -- will be among the first cases considered by the Court when justices meet on September 29, reports USA Today. Does this mean the Supreme Court is going to rule on the constitutionality of state bans on same-sex marriage? Court May Take Action or Choose to Wait While the Supreme Court already has a number…
  • Legalese From A to Z: 5 Legal Terms Beginning With 'I'

    Daniel Taylor, Esq.
    14 Sep 2014 | 11:11 am
    It's time for another installment of Legalese From A to Z, explaining the plain-English meanings of some common (and some uncommon) legal terms that non-lawyers may find confusing. What is legalese? It's the specialized language of the legal profession -- words typically used only in legal documents and in court. Here are five legalese terms you may not know that begin with the letter "I": In limine. Latin for "on the threshold," in limine is typically used to describe motions, petitions, and orders regarding the admissibility of evidence before trial. A motion in limine, for example, is a…
  • 10 Laws You Should Know If You're in California

    Brett Snider, Esq.
    13 Sep 2014 | 10:15 am
    Moving to the Golden State? Just visiting? Or maybe you've been a California native all your life. California has a rich legal history, and because of it, the state has a unique set of laws. So before you decide to join the Raider Nation and grab some In-N-Out on the way to the beach, check out these 10 laws you'll want to know if you're in California: DUI threshold. Like in every other state, the "per se" blood alcohol concentration limit for drivers is 0.08 percent, but the penalties for DUI are uniquely Californian. Cell phone use while driving. It is illegal to talk on the phone while…
  • 5 Things a Wage & Hour Lawyer Can Do (That You Probably Can't)

    Brett Snider, Esq.
    12 Sep 2014 | 7:24 am
    Angry and frustrated at your employer? Ready to make them pay by going to the public library and studying up on wage and hour laws? Hold on there, slick. Before you go barreling into a legal bout with your boss over the overtime you weren't paid for and the unpaid time you were forced to work, try and consider all the ways an attorney could do it better. For starters, here are five things a wage and hour lawyer can do that a non-lawyer probably can't: 1. Know State-Specific Wage and Hour Laws. You may have a general inkling about how minimum wage and hourly restrictions work in your state,…
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    But I do have a law degree...

  • A Kid

    But I Do Have a Law Degree
    9 Sep 2014 | 10:25 am
    When I look back at pictures of my son, Braden, I can almost pinpoint the time when he stopped looking like a baby.  It was when his hair grew long and he started standing up tall and running like a maniac. As he has gotten older, his transitions have been more subtle and harder to pinpoint.  But three days ago, on his 6th birthday, when I took his annual birthday picture, he looked like a kid. A real, life kid.He has big feet - not abnormally big (and only a half size bigger than his younger brother), but they are kid feet.  He has fuzzy blond hair on his legs now, and…
  • Pride

    But I Do Have a Law Degree
    3 Sep 2014 | 7:25 am
    As I sit down to write this post, I am letting out a big exhale.  It has been SO long since I have had more than ten minute chunks of time to myself, and my writing regularity reflects it.  But today, Colin is sleeping.  And both of "the boys," as we refer to them, are in school. There is silence and calm.  For this moment, at least.  Casey, my three year old, started school last week.  He is so laid back and chill compared to his brother, that I have to remind myself not to treat his milestones as an after thought.  He returned to the same school he went to…
  • Best. Summer. Ever.

    But I Do Have a Law Degree
    28 Aug 2014 | 6:49 pm
    When I was young, I used to go away for pretty much the whole summer, to Wellfleet, Cape Cod. This was possible only because of the fact that my father was a professor (with his summers off), and my mom was her own boss.  But to me, I thought this was normal. Didn't everyone take a vacation that lasted all summer long? To me, summers have always meant relaxation.  Sun.  Water.  Swimming.  Ice cream.  Friends. Family.  Lazy days. As I got older, summers shifted a bit.  Once I went to college, I cut down on the amount of time I spent on the Cape.
  • Robin

    But I Do Have a Law Degree
    12 Aug 2014 | 12:06 pm
    I write this blog so people out there will read it, obviously.  But I also write this blog for myself - because it chronicles my life.  It's something that I, and my kids, can someday look back on.  So let me memorialize that yesterday, Robin Williams died.  And I am seriously sad about it.  I can't figure out why.  It's not that I'm a huge Robin Williams fan.  I like his movies, but I haven't seen them all.  But generally, I would say that I definitely like him.  I mean, what's not to like?  He seems like a genuine, nice guy.  And…
  • Redemption and Envy

    But I Do Have a Law Degree
    8 Aug 2014 | 8:11 am
    When I was 18 weeks pregnant with my first baby, as I walked out of an OB appointment an elderly woman stopped me. Congratulations, she said.  That was the best part of my life.  I thanked her and went on my merry way.  This wasn't entirely out of the ordinary - pregnant women get random comments from strangers all the time.  But for some reason, this comment has haunted me. First and foremost, people don't normally say that pregnancy is the best part of their life.  In many ways, it's a miserable means to an end.  I know there are those women that "love"…
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    NB Law

  • NHTSA Reports Toyota Has Recalled FJ Cruisers & Tacoma Vehicles

    Larry Nagelberg
    15 Sep 2014 | 4:01 pm
    The National Highway Traffic Safety Administration has indicated that Toyota Motor Engineering & Manufacturing has recalled multiple vehicles over a possible crash and even personal injury risk. According to the official announcement issued by the federal agency, the 2008 through 2014 FJ Cruiser and Tacoma vehicles have been impacted by this recall. The issue is associated with incorrect tire size and cold tire inflation details on the vehicle’s tire placard. Since the lack of accurate info may cause affected vehicle […]Related Posts:681,000 Tacoma, Venza and Camry Vehicles…
  • Major GM Recall May Have Been Behind More Deaths

    Larry Nagelberg
    15 Sep 2014 | 3:32 pm
    General Motors has been reporting recall after recall in the last couple of weeks. According to recent announcements, GM is not only the biggest car seller in the country, it’s also the top manufacturer when it comes to recalls. GM’s major recall, which was announced earlier this year, involved 2.6 million vehicles that came with ignition switches that could fail to hold the run position, making it more likely to have its engine turned off while the vehicle is being […]Related Posts:Products From XL Foods Cleared To Ship To U.S. After Major…After Major GM Recall,…
  • Do You Own A Tundra Vehicle? Beware of Potential Air Bag Issues

    Larry Nagelberg
    12 Sep 2014 | 4:09 pm
    News sources have indicated that Toyota has announced that about 140,000 Tundra vehicles, which are full-size pickup trucks, and their Canadian and Mexican versions, known as Crew-Max and Double Cab, are being recalled over a possible air bag issue that could cause occupants to experience injuries as a result. Toyota has indicated that while the recall is being issued now, the first time the problem was identified was by federal regulators back in February. According to the reports, the 140,000 […]Related Posts:Sequoia, Corolla, And Tundra Vehicles Recalled By ToyotaBeware Of Deer And…
  • Over 40,000 Vehicles Recalled By General Motors

    Larry Nagelberg
    11 Sep 2014 | 3:57 pm
    The National Highway Traffic Safety Administration has indicated that a series of vehicles have been recalled recently by General Motors over a possible personal injury risk. The company has indicated that 2013 Cadillac ATS and Buick Encore vehicles are being recalled after the vehicles’ lap belt pretensioner cables linked to the driver’s and the passenger’s seats might not be locking in a retracted position. The firm has stated that this failure could, eventually, cause the seat belts to extend when […]Related Posts:Vehicles With eAssist Recalled By General MotorsMore…
  • Gas-Powered Generators Recalled by Honda

    Larry Nagelberg
    10 Sep 2014 | 4:33 pm
    According to the U.S. Consumer Product Safety Commission has indicated that several gas-powered generators have been recalled over a possible impact hazard. The recall was issued after the company indicated that the generators may have been equipped with certain rear frame supports that could fail while they are being lifted, which could pose a risk to consumers since the device may come detached and hit the user. According tot he company, the owner’s manual may also have been produced with […]Related Posts:Honda Recalls Portable Generators Over Burn HazardPortable Generators…
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    Profit and Laws

  • 5 Things to Do to Become a Business Broker

    15 Sep 2014 | 1:30 pm
    AudioBlog: A combination blog post and podcast. 5 Things to Do to Become a Business Broker Are you looking for a career change? Maybe something a little more challenging than what you’ve been doing? Read this list of 5 things you have to do to become a business broker. Maybe it’s just the thing you […] The post 5 Things to Do to Become a Business Broker appeared first on Profit and Laws.
  • 10 Things to Do to Buy a Business Through a Business Broker

    15 Sep 2014 | 5:30 am
    AudioBlog: A combination blog post and podcast. 10 Things to Do to Buy a Business Through a Broker When Coco talked to two business brokers, Tony Calvacca and Marsha Barnett-King, a few weeks ago they gave her a lot of great content about how to buy and sell businesses using the little known group of […] The post 10 Things to Do to Buy a Business Through a Business Broker appeared first on Profit and Laws.
  • 5 Things to Do To Sell Your Business Through a Business Broker

    13 Sep 2014 | 8:00 am
    AudioBlog: A combination blog post and podcast. 5 Things to Do To Sell Your Business Through a Business Broker Coco Soodek interviewed Tony Calvacca, business broker for 17 years and State Board President of the New York Association of Business Brokers, about the things you need to do to sell your business through a business […] The post 5 Things to Do To Sell Your Business Through a Business Broker appeared first on Profit and Laws.
  • Everything You Ever Wanted to Know About Business Brokers

    12 Sep 2014 | 10:00 am
    Everything You Ever Wanted to Know About Business Brokers You can sell a business or buy a business through a business broker. A business broker is someone who markets and sells businesses for their owners. Business brokers get very little love or attention from reporters, and few people know about them or what they do […] The post Everything You Ever Wanted to Know About Business Brokers appeared first on Profit and Laws.
  • 10 Things You Need to Know About Business Brokers

    12 Sep 2014 | 8:54 am
    AudioBlog: A combination blog post and podcast. 10 Things You Need to Know About Business Brokers Ever wonder how some small businesses get bought and sold? This is a great starting point to help you learn the basics of business brokerage. We talked with Tony Calvacca and Marsha Barnett-King, two seasoned, savvy business brokers to […] The post 10 Things You Need to Know About Business Brokers appeared first on Profit and Laws.
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    Virginia Local Government Law

  • Virginia Supreme Court Opinions Affecting Local Government Law: September 12, 2014

    Andrew McRoberts
    12 Sep 2014 | 8:43 am
    The Virginia Supreme Court issued opinions this morning. After last term issuing no opinions significantly affecting Virginia Local Government Law (at least not in this author’s judgment), this term resulted in two both related to law enforcement — one tort case and one “gap” pay case.  As always, congratulations to the winners! The case summaries are taken from the Virginia Supreme Court opinions website. Click on the case number to read the opinion. 131162 Kohn v. Marquis 09/12/2014 In an action for the wrongful death of a police recruit injured by blows to the head…
  • Virginia Supreme Court Opinions NOT Affecting Local Government Law: June 5, 2014

    Andrew McRoberts
    5 Jun 2014 | 11:35 am
    The Virginia Supreme Court issued opinions this morning.  After last term’s virtual feast of seven opinions significantly affecting Virginia Local Government Law, this term had none (at least not in this author’s judgment).  Unless you are interested in wrongful death, labor relations or criminal law, read no further. If you want to double-check my judgment, feel free to proceed to the case summaries on the Virginia Supreme Court opinions website.
  • Town of Greece v. Galloway: U.S. Supreme Court Clarifies Law on Legislative Prayer and the Establishment Clause

    Cullen Seltzer
    5 May 2014 | 2:02 pm
    Co-Authored by Cullen D. Seltzer and Andrew R. McRoberts. U.S. Supreme Court building. (Photo credit: Wikipedia) Today, the Court handed down its ruling in Town of Greece.  In a sweeping ruling, the Court upheld the local government’s religious invocations in a 5-4 decision.  The ruling pretty dramatically and explicitly broadens the scope of permissible religious invocations for legislative sessions. Virginia Locality Law Blog highlighted Town of Greece v. Galloway almost a year ago when the Supreme Court granted cert in this important Establishment Clause case affecting thousands…
  • Virginia Supreme Court Opinions Affecting Local Government Law: April 17, 2014

    Andrew McRoberts
    17 Apr 2014 | 1:54 pm
    The Virginia Supreme Court issued opinions this morning.  After last term issuing no opinions significantly affecting Virginia Local Government Law (at least not in this author’s judgment), this term’s opinions are a virtual feast.  Issues involving BZA discretion, nonconforming signs, FOIA, Fraud Against Taxpayer’s Act and more.  Some are cases involving Virginia local governments, others are cases without local governments as parties, but still involve issues affecting Virginia local governments.  As always, congratulations to the winners! The case summaries are taken…
  • Nervous Time for Localities: The General Assembly Is In Session

    Andrew McRoberts
    25 Feb 2014 | 1:02 pm
    It happens in January, every year.  The General Assembly convenes and considers all manner of bills that localities support or oppose.  And localities get nervous.  More nervous than most Assembly-watchers, I say. Why would that be? While the General Assembly adopts legislation every year that affects Virginians, arguably it has more of an effect on localities.  Given the Dillon Rule and its strong limitation on the powers of localities, a series of bills are filed every year reducing or controlling how localities do their business.  Some succeed, and many fail.  No matter the merit of…
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    Law Firm Newswire » Legal News

  • California Divorce Mediators Launches New Website for Divorcing Couples

    LFN Editor 102KS31
    16 Sep 2014 | 3:00 am
    Orange County, CA (Law Firm Newswire) September 16, 2014 – California Divorce Mediators, formerly Orange County Divorce Mediators, has launched a new website dedicated to helping divorcing couples gain a better understanding of divorce mediation. “We want to help families find ways to reduce the cost of divorce and to avoid the damaging conflicts created by traditional litigated divorce,” remarked Gerald Maggio, founder of California Divorce Mediators. “Many divorcing parties are not very knowledgeable about divorce mediation, and that is one reason we have created this…
  • Obama Prepares Executive Order to Address Immigration Crisis

    LFN Editor 102KS31
    15 Sep 2014 | 3:00 am
    Houston, TX (Law Firm Newswire) September 15, 2014 – President Obama is preparing an executive order that could allow millions of undocumented immigrants to stay in the United States. Since October 2013, the United States has been facing a surge of tens of thousands of Central American children who cross the border unaccompanied by parents or guardians. But earlier this year, Congress failed to pass broader immigration reform. Together, these factors are spurring the president to action. “The current crisis brings the need for immigration reform into focus,” said Annie Banerjee, an…
  • Mark Gilfix to Speak on Estate Planning Strategies at 13th Annual Autism Conference

    LFN Editor 102KS31
    15 Sep 2014 | 3:00 am
    Palo Alto, CA (Law Firm Newswire) September 15, 2014 – Mark Gilfix will be a featured speaker at the Morgan Center 13th Annual Autism Conference in Campbell, California on September 20, 2014. Gilfix, a special needs planning attorney, will present a session entitled “Creating a Life Estate in Your Home for Your Grown Disabled Child, and Other Estate Planning Techniques to Consider.” He is also a featured speaker on a panel addressing housing issues faced by people with autism and their families. The Morgan Center 13th Annual Autism Conference is a day-long event for families and…
  • Lou Reed’s Estate Plan Exposes Proceedings to Media Attention

    LFN Editor 102KS31
    15 Sep 2014 | 3:00 am
    Fairfax, VA (Law Firm Newswire) September 15, 2014 – Probate filings for musician Lou Reed’s estate were recently entered in the Surrogate’s Court, Manhattan’s probate court. With an estate worth over $30 million and assets still earning millions in royalties and other income, Reed was among a small number of individuals who relied only on a will for estate planning. Reed left only a 34-page will, signed in April 2012. Reed passed away on October 27, 2013 from liver disease, at the age of 71. “A well-written trust can make estate administration quicker and more…
  • New Educational Event Focuses on Law Firm Leadership

    Gwen Biasi
    12 Sep 2014 | 3:35 am
    ALA and Nesso Strategies Announce the Managing Partner Executive Director Forum ALA and Nesso Strategies Announce the Managing Partner Executive Director Forum Lincolnshire, IL (Law Firm Newswire) September 12, 2014 – The Association of Legal Administrators (ALA) announces a new interactive educational event, The Managing Partner/Executive Director Forum in Orlando, Florida on February 23-24 in partnership with Nesso Strategies. Designed to explore and develop leadership skills and experience, The Managing Partner/Executive Director Forum is a hands-on workshop that enables Managing…
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    The L•E•Jer

  • China Makes Great Strides in Labor and Employment Practices for Adults, but Fails to Protect Children

    Hofstra Labor & Employment Law Journal
    16 Sep 2014 | 8:29 am
    by Dana Dohn The American Bar Association recently announced that it will be hosting a webinar on October 16, 2014, entitled “Best Practices for Labor & Employment Issues in China.”[1] During this event, China law expert James Zimmerman will be discussing and exploring many of the recent changes in the Chinese workforce, including the rise […]
  • Exploitation on the Deep Blue Sea

    Hofstra Labor & Employment Law Journal
    12 Sep 2014 | 12:29 pm
    by Thomas S. Wolinetz Last January, I took an amazing twelve-night cruise from New York to the Caribbean.  Recently, I found out that over twenty million people travel on cruise ships each year.[1]  I also learned that the cruise industry generated over thirty-seven billion dollars for the U.S. economy in 2013.[2]  During my voyage on the deep blue […]
  • The LGBT Community Wins a Massive Victory: Transgender Americans Gain Protection Under Title VII

    Hofstra Labor & Employment Law Journal
    9 Sep 2014 | 7:29 am
    by Kyle Barton The LGBT community has been fighting increasingly vigorously over the last couple of decades to secure itself as a protected class. In particular, Americans who identify themselves as “transgender” have been battling for an end to discrimination. On July 21, 2014, President Obama signed Executive Order 13672, prohibiting any federal contractors from […]
  • Canadian Toyota Employees to Undertake Potentially Historic Vote

    Hofstra Labor & Employment Law Journal
    2 Apr 2014 | 10:10 am
    By Brittany Uslaner Next week, the workers of Toyota Motor Corporation’s Canadian plants will vote whether on whether to unionize.  This vote is potentially significant because if a majority of workers vote to unionize then it will be the first time North American plants fully owned by Toyota unionize.[1]  Toyota’s more than 6,500 autoworkers are […]
  • Supreme Court Rules Severance Payouts are Taxable

    Hofstra Labor & Employment Law Journal
    1 Apr 2014 | 8:29 am
    By: Caitlin Esposito Last Tuesday, the Court published its opinion in United States v. Quality Stores, Inc.  The unanimous opinion by Justice Kennedy held that severance payments to employees involuntarily terminated are taxable wages under the Federal Insurance Contributions Act (FICA).[1]  Prior to filing for bankruptcy in 2001, Quality Stores terminated thousands of its employees.[2]  […]
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    My Distribution Law

  • N.D. Cal. Just Opened the Damages Umbrella

    Howard Ullman
    26 Aug 2014 | 1:48 pm
    (Photo credit: Wikipedia) In County of San Mateo v. CSL, Limited, Case No. 3:10-cv-05686-JSC (N.D. Cal. Aug. 20, 2014) (Corley, M.J.), the Northern District of California held that California’s antitrust law, the Cartwright Act, allows the recovery of umbrella damages.  If the decision stands or is upheld, it could stimulate a new wave of antitrust litigation. Umbrella damages are damages due to overcharges paid to non-conspirators who raise their prices because they are protected by the cartel’s price “umbrella.”  Federal courts, including the Ninth Circuit, have…
  • The Senate is Considering Minimum Resale Pricing for Contact Lenses

    Howard Ullman
    31 Jul 2014 | 12:45 pm
    NPR has the story.  Under federal law, of course, RPM is subject to the Rule of Reason.  Apparently the Senate is interested because a large portion of the contact lens market is subject to the restrictions. It is unclear to me whether the manufacturers have truly nationwide policies or whether they have excepted those states that still treat — or may treat — minimum RPM as per se unlawful. Update: After hearing a bit more about this, it sounds like these are Colgate unilateral pricing policies (no agreement; if retailers don’t abide, they don’t receive more…
  • Northern District of California Addresses Functional Discounts, Price Discrimination Claims

    Howard Ullman
    17 Jul 2014 | 3:43 pm
    Chrysler 1959 (Photo credit: Wikipedia) In Mathew Enterprise, Inc. v. Chrysler Group, LLC, 2014 U.S. Dist. LEXIS 95522 (N.D. Cal. July 11, 2014) (Freeman, J.), the court dismissed certain Robinson-Patman Act price discrimination claims and allowed others to proceed, and in so doing addressed the contours of the functional availability defense. The plaintiff is a car dealership. It alleged that Chrysler grants “volume growth” incentives which function as a subsidy and amount to roughly $700 per vehicle sold by a qualifying dealer. The plaintiff alleged that Chrysler allowed competing…
  • A World Without Patents?

    Howard Ullman
    10 Jul 2014 | 2:44 pm
    (Photo credit: Alexandre Dulaunoy) Planet Money’s recent podcast interviews two economists who advocate for the ultimate patent law reform: the abolition of patents. They argue that patents inhibit innovation.  For example, the Wright Brothers supposedly secured a number of patents on their early airplane design — which didn’t work very well and which stalled (pun intended) airframe development in the U.S. for a number of years.  The industry migrated to France to avoid the U.S. patents. What about pharma, you might ask (as did I?)  Are pharma companies really going to…
  • Happy Fourth of July

    Howard Ullman
    3 Jul 2014 | 5:00 am
    (Photo credit: Wikipedia) For your weekend reading, here’s an interesting article by Joseph Stiglitz in the New York Times: “Inequality is Not Inevitable.”
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    Attorney at Work

  • Think Like a Client: Mind the Gap

    Mary Lokensgard
    16 Sep 2014 | 3:00 am
    “That’s why we have lawyers. They study a language for three years, and they learn it, and it’s a language that if a normal person read it, they’d have a stroke.”  — Lewis Black on reading your own mortgage documents, from his 2010 show “Stark Raving Black” Let’s face it: Lawyers don’t think, talk or write like regular people. We’re trained not to. The systems we work in are bewildering. The language we speak is full of specialized terms. The documents we create are both written in our language and designed to work within the legal system, making them highly unfriendly…
  • Using Social Media to Find Better Job Candidates

    Noble McIntyre
    15 Sep 2014 | 3:00 am
    Whether you consider yourself “social media-savvy” or not, your prospective employees likely are. The days of placing want ads in the local paper are long gone. Certainly, you can post job listings on standbys like, or aggregators like, to cover your bases. If you want to target your search to the people most likely to be a good fit, though, you need to go to the places where they are looking for a firm like yours. Today, for better or worse, that is online, using social media sites. And that is good, really, because the employees you want to hire are…
  • Techy Tips to Protect Your Time

    Andrea Cannavina
    12 Sep 2014 | 3:00 am
    Time is money. We all know it. But the fact is, we all have the same 24 hours each day, and it’s just not enough. And like everyone else, when the day ends, it seems like more has been added to our to-do list than has been removed. Want to regain some precious minutes? Here are five techy tips to help protect your most valuable resource — your time. 1. Put Hootsuite to work. If there is one thing that has helped me streamline a lot of what I do, it’s Hootsuite. I am “online” and being social pretty much throughout my day, and with Hootsuite I spend far less time…
  • Tempted by a Personal Injury Case?

    Mark Bassingthwaighte
    11 Sep 2014 | 3:05 am
    I’m always cautioning lawyers about the hazards of dabbling, reminding them that there really is no such thing as a “simple” will or contract. It’s not that I want them to avoid taking on matters that lead them into unfamiliar territory. Rather, my intention is to remind lawyers that if they choose to do this, they must be responsible about it. For example, they might research the law, seek advice from a mentor, find another lawyer willing to act as co-counsel, call in a favor from a colleague or take a relevant CLE course. I just don’t want to see them “shooting…
  • Cloud and Clear: Abacus Pivots

    Jared Correia
    10 Sep 2014 | 3:00 am
    It is the nature of an abacus to shift — beads making time, marking off distance and space. An experienced abacist knows the score. Still, you’ve gotta have the stones to make the big moves. In 2014, it’s time for Abacus to reset the frame with a big move into the virtual space. You’ll know Abacus, firstly, for its law practice management software, AbacusLaw, which is aging well into its fourth decade, with a recently overhauled UX and UI, and a revamped calendar that works a lot like what you get out of Microsoft Outlook. Then there’s Abacus Billing (a new managed service for…
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    Justia Law, Technology & Legal Marketing Blog

  • Catch a Falling Star – Justia Weekly Writers’ Picks September 5, 2014

    Cicely Wilson
    5 Sep 2014 | 3:29 pm
    Levitt v. Yelp! Inc., US 9th Cir. (9/2/14) Business Law, Internet LawPlaintiffs, small business owners, filed a class action suit alleging that Yelp, an online forum, extorted or attempted to extort advertising payments from them by manipulating user reviews and penning negative reviews of their businesses. Plaintiffs filed suit against Yelp for violations of California’s Unfair Competition Law (UCL), Cal. Bus. & Prof. Code 17200 et seq.; civil extortion; and attempted civil extortion. The district court dismissed the suit for failure to state a claim. The court concluded that…
  • Justia Weekly Writers’ Picks – August 22, 2014

    Cicely Wilson
    22 Aug 2014 | 1:28 pm
    Lodge No. 5 of the Fraternal Order of Police v. City of Philadelphia, US 3rd Cir. (8/18/14) Communications Law, Constitutional LawThe Fraternal Order of Police (FOP), an incorporated collective bargaining organization that represents the approximately 6,600 active police officers employed by the Philadelphia, operates a political action committee, COPPAC, for purposes of distributing contributions to candidates for local and state office. FOP, COPPAC, and four police officers challenged the constitutionality of section 10-107(3) of the Philadelphia Home Rule Charter, which prohibits employees…
  • Justia Weekly Writers’ Picks – August 1, 2014

    Cicely Wilson
    1 Aug 2014 | 2:40 pm
    Bostic v. Schaefer, US 4th Cir. (7/28/14) Civil Rights, Constitutional Law, Family Law, Government & Administrative LawPlaintiffs filed suit challenging Virginia Code sections 20-45.2 and 20-45.3; the Marshall/Newman Amendment, Va. Const. art. I, 15-A; and any other Virginia law that bars same sex-marriage or prohibits the State’s recognition of otherwise-lawful same-sex marriages from other jurisdictions (collectively, the Virginia Marriage Laws). Plaintiffs argued that these laws violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The district court…
  • Supreme Court or Bust: Justia Weekly Writers’ Picks, July 25, 2014

    Cicely Wilson
    25 Jul 2014 | 11:25 am
    Two federal appeals courts this week issued conflicting opinions on Obamacare.King v. Burwell, US 4th Cir. (7/22/14) Health Law, Tax LawPlaintiffs filed suit challenging the validity of an IRS final rule implementing the premium tax credit provision of the Patient Protection and Affordable Care Act (ACA), 26 U.S.C. 36B. The final rule interprets the Act as authorizing the IRS to grant tax credits to individuals who purchase health insurance on both state-run insurance “Exchanges” and federally-facilitated “Exchanges” created and operated by HHS. The court found that…
  • Justia Weekly Writers’ Picks, July 18, 2014 – As California Goes . . .

    Cicely Wilson
    18 Jul 2014 | 12:24 pm
    This week, a federal judge in the U.S. District Court for the Central District of California issued a ruling that California’s death penalty is unconstitutional.  Read Courtney Minick’s analysis of the opinion on Justia’s Verdict: Federal Judge Strikes Down California Death Penalty: What This Could Mean for California.Texas Div., Sons of Confederate Veterans, Inc. v. Vandergriff, et al., US 5th Cir. (7/14/14) Civil Rights, Constitutional LawPlaintiff filed suit alleging that the Board violated its First Amendment right to free speech when it denied plaintiff’s application for a…
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    Hunt & Associates, PC

  • Oregon Steps towards Marijuana Legalization

    Nathan Piers-VanderPloeg
    20 Aug 2014 | 2:38 pm
    Last month Oregon certified a ballot measure for the November election that would legalize marijuana for recreational use.  If passed, Oregon would become the third state to allow the recreational use of marijuana, following Washington and Colorado.  Until such a law is passed in Oregon, it remains illegal to use or possess the drug without a medical marijuana card.  In Oregon, possession of less than an ounce of marijuana is not even a crime, but a violation, which is roughly the equivalent of a speeding ticket.  This means that if you are found by police to have less than an ounce in…
  • A Government Extortion Racket That’s Apparently Offensive to Everyone Except the Department of Labor

    Lawrence Hunt
    7 Aug 2014 | 1:29 pm
    A recent story by Jared Meyer summarizes how the U.S. Department of Labor extorts admissions of guilt, unproven damages, fines, and waivers of appeal rights from farmers by implementing the “hot goods” provision of the Fair Labor Standards Act of 1938 against agricultural employers in a manner offensive to Republicans, Democrats, and, most recently, a U.S. District Court in Oregon. As the story points out, it also appears that the Department of Labor uses assumptions and methods of determining whether a violation has occurred in the first place. The story is here. The magistrate’s…
  • A Comic Caricature of the Corrupt Judge

    Lawrence Hunt
    29 Jul 2014 | 9:34 am
    If you thought the judge who decided your case was bad, you haven’t met the judge described in this story who was, literally, in bed with one party in an ongoing case before him. The judge’s response to the disciplinary complaint is a model of brazen stupidity and judicial narcissism worth a moment’s laughing contemplation. If nothing else, this story is a reminder that judicial corruption probably should be a capital offense. © 7/29/2014 Lawrence B. Hunt of Hunt & Associates, P.C.  All rights reserved. Facebook TweetThis Digg StumbleUpon You might be interested in…
  • We Say Good Bye, Hello to Kevin Tillson

    Lawrence Hunt
    21 Jul 2014 | 4:13 pm
    After more than 9 years Kevin Tillson will leave our firm on August 1 to pursue his career as a sole practitioner in Sandy, Oregon; closer to his home and focusing his practice on estate planning, probate, and protective proceedings such as guardianships and conservatorships. We wish him the best. At the same time we want to welcome Kevin Tillson back to our office in his new role as “of counsel” to our firm. Kevin will continue to meet with our clients in our downtown Portland office to provide his expertise and help in estate planning, probate and protective proceedings. In short, even…
  • Introducing Nathan Piers-VanderPloeg; Our New Associate Attorney

    Heather Carr
    8 Jul 2014 | 8:49 am
    Hunt & Associates, PC is pleased to announce that Nathan Piers-VanderPloeg has joined the firm as an Associate Attorney Nathan is a native Oregonian. He earned his law degree from the University of Oregon School of Law in 2011, and graduated from Linfield College with a BA in Political Science in 2005. Nathan was admitted to the Oregon Bar in 2011. Since then he has successfully handled a broad range of legal matters encompassing a broad range of legal issues including questions of employment and labor law, personal injury and insurance, construction defects, criminal law, contracts and…
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    Rozek Law

  • Researchers Look for Brain Injury Link That Damages Lungs

    Randy Rozek
    10 Sep 2014 | 10:58 am
    Visit us at Following a brain injury, there’s an inflammatory cascade with a molecule named HMGB1, which releases into the blood after a brain injury. When HMGB1 reaches the lung, it attaches to a receptor called RAGE. Dr. Weber, one of the IU researchers for this phenomena, has said that the lungs are abundant with RAGE receptors, so they have increased vulnerability to the inflammatory process of TBI. IU researchers have wanted to understand how TBI is associated with lung injuries during the inflammatory situation that becomes active in the lungs. During the process,…
  • Wear Proper Helmets To Lower Risk Brain Injury

    Randy Rozek
    29 Aug 2014 | 8:49 am
    Visit us at In the United States, 1.4 million Americans sustain a brain injury each year. An estimated 5,700 people in Wisconsin suffer brain injuries annually. That number, however, is likely to be a lower estimation than the actual statistic because many brain injuries occur without going reported. Helmets colliding in football may not seem like an important matter, but how resistant is the human skull to fracture? Additionally, can the contents of the skull handle this? When brain matter was tested in a laboratory setting, it turns out that brain matter is not as stiff as…
  • Research Reveals How Woodpeckers Avoid Brain Damage

    Randy Rozek
    24 Aug 2014 | 1:19 pm
    Visit us at It sounds like a jackhammer in overdrive—the question is, how does a woodpecker prevent brain injury when it pecks at speeds of up to 1,200 pecks per minute? Chinese scientists are now saying that the woodpecker’s brain has the ability to withstand a g-force of up to 1,200 G’s. Scientists claim this research could be utilized to guide the creation of better anti-shock devices to protect humans. In the tests conducted, computer models showed that the woodpecker avoided brain damage partially because its body supported it as it pecked, and the woodpecker…
  • Mild Traumatic Brain Injury Affects Patients’ Cognition and Brain Matter

    Randy Rozek
    15 Aug 2014 | 10:23 am
    Visit us at (Professor Blamire/Newcastle University, UK) Neurology recently published a study that found mild traumatic brain injuries (TBI) could impact the brain matter and cognition of patients’. The study focused on the less traumatic end of TBI because patients at this end of the spectrum are the most common. About 85 percent of patients have less severe forms of brain injury. What Happens in a Healthy Brain? With a brain working efficiently, the brain’s white section, an area that has an interconnection of wiring for different parts of the brain, is orderly and…
  • Another Lawsuit Against The NHL

    Randy Rozek
    1 Aug 2014 | 11:14 am
    Visit us at The National Hockey League has been hit, again, with a class-action lawsuit tied to concussions. Filed in the U.S. District Court in Minnesota, the only plaintiff is the former NHL defenseman John Rohloff. The suit is open to former NHLers and their families. The New York Times says, “The suit says that the league concealed the dangers of concussion and did not pass rules designed to reduce the risk of brain injury until recent seasons. N.H.L. representatives did not respond to a request for comment late Tuesday afternoon. After a similar suit was filed in April,…
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  • Why Do Domestic Violence Victims Stay With Their Abuser

    Robin Friedman
    15 Sep 2014 | 1:45 pm
    If you are anything like me, you probably watched the video of Ray Rice punching Janay Palmer(now Janay Rice) in the face and cringed with anger and sadness.  I was shocked by the brutality of it.  And then I thought when it couldn’t get much worse, I heard the part of the story about how […]
  • Grandparents Rearing Grandchildren

    Linda Grear
    9 Sep 2014 | 9:14 am
    Throughout history, grandparents and extended family have raised children; however, in our current society more and more grandparents are the primary caregivers to their grandchildren. In the United States, there are 2.4 million grandparents raising grandchildren. The idea of the two-parent family simply no longer reflects today’s modern families. Reasons why grandparents rear grandchildren: To […]
  • College Bound? Get Power of Attorney and Health Care Proxy for your student!

    Linda Grear
    14 Aug 2014 | 7:33 am
    If you have children getting ready for college, you should consider having them prepare Durable General Power of Attorney and Health Care Proxy documents. From a practical perspective, you may be paying your child’s tuition and housing expenses, as well as covering him/her as a dependent on your health insurance; however, in the eyes of […]
  • 2014 Super Lawyers Announced

    Hogan Willig
    11 Aug 2014 | 6:09 am
    HoganWillig is please to announce that the attorneys Corey J. Hogan, Diane R. Tiveron, Steven M. Cohen, Nelson F. Zakia, Thomas R. Cassano, J. Michael Kelleher, Kenneth A. Olena, Steven G. Wiseman, Elizabeth M. DiPirro and Kevin S. Mahoney have been selected to the 2014 New York State Super Lawyers list. Each year, no more than five percent of […]
  • Smart Home may not be such a smart choice

    Krystal Chapin
    10 Aug 2014 | 7:30 am
    In an era where getting the latest and greatest technology is of utmost importance, we must be conscientious to step back and analyze the implications of living life in such a way. Technology can and has undoubtedly allowed our world to make major advances in almost every field of study. Nevertheless, our technology-driven world can […]
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    bLAWgical Thinking

  • #The1Llife: Staying Sane by Incorporating Enjoyable Things

    15 Sep 2014 | 2:48 pm
    GUEST BLOG By Lauren Rose, 1L at the University of Detroit Mercy As I’m approaching my fourth week of law school (but who’s counting, right?), the value of making time for things I enjoy has become increasingly important. Spending hours and hours on reading, and […]
  • #The3Llife: Reach Out

    11 Sep 2014 | 9:38 am
    GUEST BLOG By Shaun Sanders, 3L at Chapman University’s Dale E. Fowler School of Law One of the things that puzzles me most about being a 3L is how relatively rare it is to be hit up by 1L’s for help/notes. I have never been […]
  • #The2Llife: Smarter vs. Harder

    9 Sep 2014 | 12:13 pm
    GUEST BLOG By Harrison Thorne 2L at UCLA School of Law Smarter vs. Harder, Efficiency, and Having a Life. During my first year—especially my first semester—I thought working around the clock was a prerequisite to doing well in law school. Of course there are cycles. […]
  • #The1Llife: Getting to Know Your Classmates

    8 Sep 2014 | 2:39 pm
    GUEST BLOG By Lauren Rose, 1L at the University of Detroit Mercy As week two is coming to an end, I’ve begun to realize the importance of building relationships at school. Yes, everyone is there for the purpose becoming a lawyer (duh), but another purpose […]
  • #The2Llife: Week One in the Books

    5 Sep 2014 | 11:19 am
    GUEST BLOG By Harrison Thorne, 2L at UCLA School of Law Week one in the books.  Literally. I spent the whole summer eagerly awaiting my return to law school.  I like law school – you meet interesting people, talk about interesting things and learn a […]
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    Attorney at Work

  • Think Like a Client: Mind the Gap

    Mary Lokensgard
    16 Sep 2014 | 3:00 am
    “That’s why we have lawyers. They study a language for three years, and they learn it, and it’s a language that if a normal person read it, they’d have a stroke.”  — Lewis Black on reading your own mortgage documents, from his 2010 show “Stark Raving Black” Let’s face it: Lawyers don’t think, talk or write like regular people. We’re trained not to. The systems we work in are bewildering. The language we speak is full of specialized terms. The documents we create are both written in our language and designed to work within the legal system, making them highly unfriendly…
  • Using Social Media to Find Better Job Candidates

    Noble McIntyre
    15 Sep 2014 | 3:00 am
    Whether you consider yourself “social media-savvy” or not, your prospective employees likely are. The days of placing want ads in the local paper are long gone. Certainly, you can post job listings on standbys like, or aggregators like, to cover your bases. If you want to target your search to the people most likely to be a good fit, though, you need to go to the places where they are looking for a firm like yours. Today, for better or worse, that is online, using social media sites. And that is good, really, because the employees you want to hire are…
  • Techy Tips to Protect Your Time

    Andrea Cannavina
    12 Sep 2014 | 3:00 am
    Time is money. We all know it. But the fact is, we all have the same 24 hours each day, and it’s just not enough. And like everyone else, when the day ends, it seems like more has been added to our to-do list than has been removed. Want to regain some precious minutes? Here are five techy tips to help protect your most valuable resource — your time. 1. Put Hootsuite to work. If there is one thing that has helped me streamline a lot of what I do, it’s Hootsuite. I am “online” and being social pretty much throughout my day, and with Hootsuite I spend far less time…
  • Tempted by a Personal Injury Case?

    Mark Bassingthwaighte
    11 Sep 2014 | 3:05 am
    I’m always cautioning lawyers about the hazards of dabbling, reminding them that there really is no such thing as a “simple” will or contract. It’s not that I want them to avoid taking on matters that lead them into unfamiliar territory. Rather, my intention is to remind lawyers that if they choose to do this, they must be responsible about it. For example, they might research the law, seek advice from a mentor, find another lawyer willing to act as co-counsel, call in a favor from a colleague or take a relevant CLE course. I just don’t want to see them “shooting…
  • Cloud and Clear: Abacus Pivots

    Jared Correia
    10 Sep 2014 | 3:00 am
    It is the nature of an abacus to shift — beads making time, marking off distance and space. An experienced abacist knows the score. Still, you’ve gotta have the stones to make the big moves. In 2014, it’s time for Abacus to reset the frame with a big move into the virtual space. You’ll know Abacus, firstly, for its law practice management software, AbacusLaw, which is aging well into its fourth decade, with a recently overhauled UX and UI, and a revamped calendar that works a lot like what you get out of Microsoft Outlook. Then there’s Abacus Billing (a new managed service for…
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    Law & Industry Daily

  • US Open 2014: Sharapova vs. Wozniacki highlights Sunday's action

    Law & Industry Daily News Services
    31 Aug 2014 | 8:21 pm
    Caroline Wozniacki didn't have a bad hair day at the U.S. Open Wednesday, but she certainly had a bad hair moment.→ ... Continue Reading.
  • Florida has moral obligation to pay Idaho for canceled game

    Law & Industry Daily News Services
    31 Aug 2014 | 8:21 pm
    The NCAA recently projected that 20 of 125 FBS schools will generate revenues from football programs in 2014.→ ... Continue Reading.
  • Middle-Class Americans Leading The Solar Rooftop Revolution

    Law & Industry Daily News Services
    24 Jul 2014 | 11:16 am
    By Law & Industry Daily News Services Middle-Class Americans Leading The Solar Rooftop Revolution (via Clean Technica) According to recent Center for American Progress (CAP) studies, middle-class America is buying into the solar market.→ ... Continue Reading.
  • Lawmakers Want GAO To Study Federal Employee Morale

    Law & Industry Daily News Services
    24 Jul 2014 | 11:16 am
    By Law & Industry Daily News Services Lawmakers want GAO to study federal employee morale (via Federal Daily) Three House Democrats have asked the Government Accountability Office to examine federal employee morale and engagement.→ ... Continue Reading.
  • The Real Cost of Corporate Tax Dodgers

    Law & Industry Daily News Services
    24 Jul 2014 | 11:16 am
    By Law & Industry Daily News Services Clip: The Real Cost of Corporate Tax Dodgers (via Moyers & Company) Microsoft had $60.8 billion in profits offshore in 2012.→ ... Continue Reading.
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    The Attorney Marketing Center

  • Be brief, be brilliant, be gone

    David M. Ward
    15 Sep 2014 | 12:46 pm
    I just got off of a conference call. Thirty-five minutes intended to inform listeners about exciting new developments in our business. Fail. The news is exciting. Very positive developments. Great things lie ahead. The problem is that if you weren’t already aware of that news, the conference call did little to inform or excite you. There was too much information. It was difficult to follow. That’s bad enough in a meeting with visuals or handouts, but on a conference call, it is the kiss of death. People are dialing in from their car or from the gym or while distracted with other…
  • If your dreams don’t scare you, they’re not big enough

    David M. Ward
    12 Sep 2014 | 12:07 pm
    I was watching auditions for The X Factor. One of the thousands of people who showed up for a chance to become a star was asked what she thought about the seemingly impossible odds of winning the competition. In response, she said, “If your dreams don’t scare you, they’re not big enough.” I immediately wrote that down. And then I thought about it. I thought about how most people play it safe. They give up on their childhood dreams and reconcile themselves to the pursuit of sensible goals. What fun is that? How likely are we to achieve greatness when we settle for so…
  • A simple legal marketing plan

    David M. Ward
    11 Sep 2014 | 11:18 am
    I like simple. Simple is easy to understand, easy to remember, and easy to do. So when it comes to writing a legal marketing plan, you guessed it, it should be simple. Here’s that plan: “Two a day”. Talk to two people a day who are in some way connected with your target market. Examples: Call a lawyer or other professional you don’t know and introduce yourself Call a professional you haven’t spoken to in a long time and ask how they’re doing Hand out your card to someone you meet in line for coffee Call a former client, “just to say hello”…
  • When you want “out” but can’t afford to quit

    David M. Ward
    10 Sep 2014 | 11:08 am
    You want out. You can’t take the practice anymore. But you’re making too much money and can’t see a way to replace it. You’re stuck. No, not really. You’ve got two options. The first option is to do something on the side. A small business, something you could do part time. If it takes off, in a few years, you could have your ticket out. That’s what I did when I wanted out of my practice. Over a period of three years, I wrote a marketing course and started selling it. It took a long time to get everything in place, but once I did, I was earning enough income…
  • Successful attorneys do what unsuccessful attorneys aren’t willing to do

    David M. Ward
    9 Sep 2014 | 11:53 am
    In an interview, billionaire John Paul DeJoria (Paul Michell hair products, Patron tequila) was asked about the difference between successful people and unsuccessful people. He said something you may have heard before: “Successful people do all the things that unsuccessful people don’t want to do.” When DeJoria was a young man working in a dry cleaning shop, this meant doing things he was not hired to do like sweeping floors or cleaning shelves. His employer noticed his initiative and gave him a raise. What about attorneys? What is it that unsuccessful attorneys are unwilling to do?
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    Valensi Rose Law

  • Non-Profit Corporations Must Operate Pursuant to the Rules

    About Valensi Rose, PLC
    10 Sep 2014 | 3:23 pm
    By Arlen R. GunnerI was recently asked to serve as an expert witness in a case that demonstrates the abuse that occurs when people form a non-profit for the sole purpose of personal gain. As an experienced attorney representing non-profits, I was hired by the plaintiff’s attorney to testify as an expert witness against the founders of a non-profit organization. Rather than using the money raised for the mission of the organization, they were using the entity as their personal piggy bank and had already pocketed large amounts of cash.They had no interest in running a charitable organization…
  • More Recent Tax Developments That May Affect You

    About Valensi Rose, PLC
    19 Aug 2014 | 9:00 am
    By Michael R. MorrisThe following is a summary of the most important tax developments that have occurred in the past three months that may affect you, your family, your investments, and your livelihood. If any of these tax developments apply to you, please call me or one of the other attorneys in our Tax and Wealth Planning Group for more information on how to take advantage of or minimize the impact of these developments.No bankruptcy exemption for inherited IRAsA unanimous Supreme Court has held that inherited IRAs do not qualify for a bankruptcy exemption, i.e., they are not protected from…
  • When is a Property Owner also an Employer?

    About Valensi Rose, PLC
    5 Aug 2014 | 9:00 am
    By Laurie MurphyIf a tree falls in the forest, and no one is around to hear it, does it still make a sound? What if an unlicensed tree trimmer falls out of the tree, and the forest is your property? Are you liable?If you’re not careful, a $200 tree-trimming job can turn into a five-figure plus lawsuit. When landscapers, plumbers, handymen, etc., are injured while working in your home or on your commercial property, your liability depends on whether the law recognizes them as an employee or an independent contractor. Section 2750.5 of the California Labor Code states that any unlicensed…
  • Unusual Facts Lead to Unprecedented Victory for Lender

    About Valensi Rose, PLC
    22 Jul 2014 | 9:01 am
    By Gary TorrellI’d like to discuss a recent case where unusual facts and aggressive actions, led to an almost unheard-of victory for one of our lender clients.Many homeowners miss a monthly mortgage payment or two, then make it up. But when three to five consecutive payments are missed, the lender often attempts to collect or reach a loan modification with the borrower and, if that process is unsuccessful, the lender begins to foreclose.California and federal laws (including bankruptcy) protect homeowners and can delay a foreclosure for six months to over a year. During this time the…
  • IRS Offers Clean Slate for Undeclared Foreign Accounts

    About Valensi Rose, PLC
    14 Jul 2014 | 9:49 am
    By Mayer NazarianIf the tax status of your undeclared overseas accounts is keeping you up at night, effective July 1st Uncle Sam may have just issued you a “Get Out of Jail Free Card.” The IRS has announced a big change to their Offshore Voluntary DisclosureProgram (OVDP), making it easier than ever for those with undeclared offshore accounts to reach tax compliance.Over the past seven to eight years, the IRS has stepped up their enforcement of auditing individuals with over $10,000 in accounts overseas. Under previous programs, even voluntarily coming forward and declaring the overseas…
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    Estate Law Canada

  • How the rich die - bizarre celebrity last wills and testaments

    14 Sep 2014 | 12:51 pm
    Here's a bit of light reading for the weekend. Click here to read an article from that gives a short list of what they consider bizarre wills and estates. The attached picture accompanied the article mentioned.
  • Doctors impose DNR order, ignore family's pleas, leading to patient's death

    11 Sep 2014 | 3:55 am
    You might be aware that recently doctors in Toronto did not assist Douglas DeGuerre, an elderly man who was having a heart attack, with the result that Mr. DeGuerre died. He was very sick with heart disease, diabetes, and other conditions, and had just undergone double leg amputation. Although Mr. DeGuerre's daughter was present and begged the medical staff at the hospital to save her father,
  • How an executor should handle life insurance proceeds

    8 Sep 2014 | 9:21 pm
    Here is a brief but very useful article from James Dolan at that talks about how an executor handles life insurance policies in an estate administration. It has realistic tips and information, and even touches on whether or not an executor is obligated to help a beneficiary who is designated by a policy. Click here to read it.
  • Getting Re-married Later in Life: Some Estate Planning Considerations

    8 Sep 2014 | 9:00 pm
    I recently wrote an article entitled "Getting Re-married Later in Life: Some Estate Planning Considerations" for the Alberta Retired Teachers Association's magazine. If you'd like to check it out, click here, then scroll down to page 26. You might just find plenty of other articles in the magazine to interest you as well.
  • Executors can steal from estates with no repercussions in Canada - is this true?

    7 Sep 2014 | 8:33 pm
    Recently there was some discussion on a thread on this blog on the topic of what to do about an executor who is stealing from the estate that he or she is supposed to be administering. One of the comments made by a reader seemed to me to be right from the heart - an expression of anger, bitterness, and resignation. I want to share that comment with you here, and give some thoughts of my own
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    AZ Attorney

  • SCOTUS recent Term reviewed this Wednesday @azbarcle

    15 Sep 2014 | 9:30 am
    This Wednesday, September 17, we get another in a popular series of analyses from the recent U.S. Supreme Court Term. Organized by the State Bar CLE folks, it will include the thoughts of Judge George Anagnost as moderator, as well as panelists ASU Law Professor Paul Bender, Arizona Summit Law Professor Dave Cole, and attorney–scholar Bob McWhirter. As they describe it: “This symposium will review significant cases for the October 2013 Term including the Hobby Lobby and the Town of Greece case. The program will feature scholars on the Court focusing on cases presenting important questions…
  • Benefits of print cataloged in spot-on @IKEA video

    12 Sep 2014 | 9:30 am
    What, the IKEA catalog is a bookbook? What could be better? Yesterday, I admired the writing and images in a national magazine. Today, I’m all about a consumer catalog. (You may start to think I like print products or something.) On this Change of Venue Friday, I take you to IKEA. Not literally to IKEA, of course, but to an online offering of theirs that makes you smile. The video the company created (see below) is in honor of its iconic print catalog—hundreds of pages of dead trees that modern thinking suggests is decidedly passe. But—no surprise—IKEA doesn’t agree. Enjoy its take,…
  • Edward Snowden @wired cover story combines compelling words, images, history

    11 Sep 2014 | 9:30 am
    Lawyers and history buffs (and many more) should read this month’s Wired Magazine coverage of Edward Snowden. I can suggest a few reasons you should read the cover story in this month’s Wired Magazine. First, you should always read the cover story in Wired Magazine. But you probably want more reason than that. OK. Second, the legal-lover in you knows you’re aching to gain some insight into Edward Snowden’s role in an ongoing international incident. How does he justify his actions? Will the American people ultimately view him as a villain or as an aid to American transparency? The…
  • Dark skies an economic boost, and a controversial one

    10 Sep 2014 | 9:30 am
    What value do dark skies hold? An Arizona Republic article examines the issue. This week, the Arizona Republic offered a comprehensive view of a topic that dogs the west—and most urban areas. Writer Megan Finnerty explored the value of maintaining dark skies over our heads—and how challenging that goal is. The path that led to ensuring dark skies over Flagstaff may provide a roadmap to do so in other places. But the opposition that masses against such an effort is robust—and strategic. Reading the story, I started to wonder whether there is a Dark Skies go-to lawyer in Arizona. Has…
  • Fewer lawyer blogs, or just fewer bad lawyer blogs?

    9 Sep 2014 | 9:30 am
    (Chart via Bob Ambrogi’s Law Sites Blog.) Recent data from the American Bar Association suggests that fewer lawyers are blogging than have in the past. What this means … well, it could mean a few things. Many folks—myself included—have advocated for the power of a blog to alter an attorney’s work life. Will a blog transform your law practice and rake in the clients? Probably not. Just like any tool at your disposal, this one can serve your particular needs—but you still have to identify what those needs are. The hard work of determining your blog’s goals may have resulted in…
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    Course and Scope: Connecticut Worker's Compensation

  • Job Searches

    James F. Aspell
    12 Sep 2014 | 1:02 pm
    The quality of a claimant's job searches while collecting temporary partial benefits in connection with you Connecticut Worker's Compensation Claim is a source of frequent consternation to insurance adjusters. To ensure the timely, uninterrupted receipt of your comp checks, it is imperative that you send us 5 quality job searches for jobs consistent with your restrictions, every week. In a week that a quality search is not received, it is conceivable and quite common that the comp carrier will request a hearing to terminate your benefits. Make both your life and our job easier by getting us…
  • Age and Social Security Disability

    James F. Aspell
    2 Dec 2013 | 2:17 pm
    SSD FAQ: Is it easier to get approved for Disability after age 50? Answer: Generally yes, depending on your specific situation. The SSA's "ability to work" rules are more relaxed for applicants who are 50 and older. As a result, a 50-year-old may be approved even though he or she is able to do some kind of work whereas a 49-year-old with the same qualifications may be denied. There is no cost or obligation to receive a free evaluation to discuss your specific case and potential eligibility for benefits.
  • Year End Brings Settlement Time

    James F. Aspell
    19 Nov 2013 | 1:36 pm
    As the year begins to draw to close, insurance companies begin to think about getting older cases off their books. This can be used to your advantage if you know how to accurately price a case for settlement. We have 27 years of experiencing in resolving all manner of worker's compensation claims. If you have an older claim, or you once had a claim in Connecticut but have since moved away, call us. We may be able to help you find value in your case. And wouldn't that be a nice way to end the year!
  • Scarring Awards in the Current Worker's Comp Landscape

    James F. Aspell
    3 May 2013 | 8:52 pm
    In a few certain, specific situations, an injured worker in Connecticut can still be awarded a monetary allowance for scarring or disfigurement. Notably, a scar on the face still qualifies for compensation. The value of the scarring award is at the discretion of the Commissioner and HAS to be assessed in the time between year one and two, after the initial injury. If you require further clarification or think you need help claiming a scarring award, please feel free to contact our office for a free consultation.
  • Workers Comp Myths and facts from our freinds at LexisNexis

    James F. Aspell
    20 Dec 2012 | 7:00 am
    10 Myths and Facts About Workers' Compensation Posted by LexisNexis Workers' Comp Law Community Staff The LexisNexis Workers’ Compensation Law Community and the award-winning blog Work Comp Roundup have teamed up to present some common myths and facts about workers’ compensation. Our contributors represent different segments of the workers’ compensation industry. Questions and comments for our contributors are encouraged. Note that myths are listed below in random order and not in order of importance, since the degree of “importance” depends on the reader and his or her stake in the…
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    Law Donut blog feed

  • Could pension-led funding enable your business to grow?

    16 Sep 2014 | 3:11 am
    A growing number of business owners are using pension-led funding (PLF) to expand their businesses. PLF is one of the newest forms of alternative finance available to companies that either cannot or do not want to access traditional bank funding. The CBI described PLF as: “A key form of alternative finance for growing businesses.” PLF allows business owners to make use of liquid funds held within a UK Registered Pension Scheme to finance their business in such a way that there are no undesirable tax charges. It is a business financing mechanism and not a method of putting pension funds…
  • Auto-enrolment pensions - get ahead of the game

    Fanny M
    8 Sep 2014 | 5:40 am
    Are you an employer in the UK? If yes, you need to be prepared for the new law surrounding workplace pensions. Maybe you’ve already heard of auto-enrolment but think it won’t affect you as you only have a couple of employees. Or, as it’s being phased in gradually, you don’t need to worry about it for ages. If you do nothing, though, you may be caught out. The Pensions Regulator will always try and work with businesses to help them become compliant but it will issue enforcement notices that can lead to financial penalties for employers that don’t comply with their duties. Staging…
  • Recent changes to flexible working rules: what do they mean for your business?

    1 Sep 2014 | 2:09 am
    Until recently, requests for flexible working patterns were only available for parents of children up to the age of 17 (or 18 if the child has a disability) and for carers. But recently, the laws affecting the right to request flexible working hours have changed. Since 30 June 2014, any employee who has a minimum of 26 weeks of service with the employer now has the statutory right to request flexible working conditions. So what is the impact of this change and who does it affect? What is flexible working? There are various types of flexible working, including working compressed hours (eg…
  • Could pre-nuptial agreements become mandatory?

    27 Aug 2014 | 6:34 am
    Pre-nuptial agreements (AKA “pre-nups”) have traditionally been associated with wealthy Hollywood glitterati seeking to secure their assets in case of divorce. However, in recent years, such agreements have become more popular with couples in the UK from all walks of life, who ask solicitors to help draw up a pre-nup. But how effective are they? Contrary to popular perception, pre-nuptial (and post-nuptial) agreements are not legally binding in England and Wales. Although the Supreme Court decision (in the landmark case of Radmacher v Granatino) strengthened the force of pre-nups and…
  • How the dementia ticking timebomb could affect you and your business

    Mark Williams
    21 Aug 2014 | 2:34 am
    Anyone who loves or loved a person affected by dementia will know just how cruel, indiscriminate and devastating it is. And the scale of the problem is getting significantly worse, with many commentators describing it as a ticking timebomb. National charity Dementia UK estimates that 42% of the UK population has a friend or family member with dementia, with more than 820,000 people in our country having dementia and that number expected to rise to one million-plus by 2030. Alzheimer’s Research UK says dementia now costs the UK economy £23bn per year – twice as much as…
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    Consumer Rights

  • Shopping in retail stores / markets / internet stores – some points to take care of …

    8 Sep 2014 | 1:19 pm
    In my younger days, there were only small neighborhood stores that you would go to get whatever provisions you wanted and there were really not too many different brands either. Over the years however, more and more variety of products started coming into the market accompanied by larger stores, leading up to today’s hypermarkets where you can get everything you need for your household and where you can easily spend thousands of Rupees. However, with all this convenience and speed of purchasing, there is a darker side that you need to be careful about. I will detail some of my…
  • How not to encourage a person to take the course again – Dr. Batras Homeopathy

    2 Oct 2012 | 10:22 am
    I have been a long time customer of Dr. Batra for hair care treatment (long history of dandruff and also fear of an impending decline in the covering on top of the head). The promise was that they would provide me treatment that would lead to a decline in fair fall rates and also eliminate the dandruff, depending on my taking the treatment properly. Further, I had to do other things such as doing some head stimulation (using finger tips to stimulate the scalp), eating more of soya based stuff, eating cod liver capsules and consuming more green tea on a regular basis. Some of these I did,…
  • Flyers left in the lurch (some on the plane) after another strike in Kingfisher Airlines

    1 Oct 2012 | 11:42 am
    When people buy a ticket, they expect that the service will take from their origin to the desired destination. In fact, they deserve a certain amount of service, including the right to know whether the flight or train is one time, whether there is anything that could cause delays or otherwise impede the service, and they expect the Government and regulators to make sure that airlines are doing this. However, the recent (past many months) events at Kingfisher Airlines have caused a great amount of distress to passengers, with the Government not really doing anything about it (except for…
  • Customer charged for 3rd generation of iPod, given 2nd version – refunded after complaint

    3 Jul 2012 | 8:16 am
    Technology changes real fast nowadays, with one direct impact being that whatever you buy will soon have an updated version available soon, and which will cause the version you have with you being no longer the hot new version available in the market. Invariably, soon after your purchase, you will find that what you purchased has been surpassed with more features, and the version you hold does not cost as much as you would have liked. One example of that was when I had gone for a 3 month visit to the US, and purchased a camera for around $560. By the time it was time for me to come back, that…
  • Airtel customer complaint center – trying to complain about a lost phone

    26 Jun 2012 | 4:27 am
    This is more of a crib about the level of customer service available nowadays. You all would have read about how police can track down cell numbers and mobile phones, doing this tracking when the phones have been used in crimes, and use such tracking to eventually detect the criminals who they are trying to find. As a result, it is also becoming more important to ensure that your own mobile phones and numbers remain safe. Earlier, when such police tracking was not available, if your mobile phone was stolen, then you were less worried about the numbers being used for some crime. Nowadays, with…
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    Accellis Technology Group

  • Password Safety: Tips for Securing & Managing Passwords

    Jeremiah Sorbera
    4 Sep 2014 | 9:13 am
    Passwords have become a permanent part of our day-to-day lives. Every year you must remember more passwords, and every year they get easier to crack. The recent theft of over a billion passwords by Russian hackers is just one of many incidents forcing us to take notice. Simply put, we need to do more to keep our passwords safe. Before we get into solutions, it is important to understand just how easily your password can be cracked. The basic methodology behind password cracking is simple: Step 1: Obtain encrypted file - Obtaining the encrypted files varies in complexity. It can be as simple…
  • Review of WordRake: Editing Tool for Lawyers

    Accellis Technology Group
    25 Aug 2014 | 11:19 am
    At the ABA TECHSHOW March, we stumbled upon a document-editing software called WordRake, a powerful add-on to Microsoft Word designed specifically for lawyers. The system “rakes” your documents in search of superfluous words in order to create the most concise and clear version of legal prose possible. One simply has to highlight the intended text and click “rake” to receive near instant edits to one’s document. In theory, the idea is brilliant—you conform to the knowledge level of your client in order to ensure their complete grasp on the matter at hand. However, as with all…
  • Review of MetaJure Document Management System

    John H. Roth II
    6 Aug 2014 | 1:33 pm
    More law firms are recognizing the gains to be had by investing in a document management system. Document management enables firms to electronically store, retrieve, manage, and deliver business documents. But not all document management systems are created equally.  In this post, I’ll review one of the newer entrants to the marketplace, MetaJure, a product that takes a completely different approach to document management when compared to standard systems. The lawyers and staff in most law firms share a common problem: successfully searching for important information and sharing documents.
  • Accellis Technology Group Partners with MetaJure to Offer Law Firms Enhanced Document Management Capabilities

    Accellis Technology Group
    4 Aug 2014 | 9:56 am
    August 4, 2014 – Accellis Technology Group, a leading provider of IT consulting and managed services for the legal industry, together with MetaJure, developer of the first automated document management system (DMS) for the legal industry, today announced a working partnership aimed at helping law firms boost efficiency, improve profitability and ensure ethical compliance. “We are excited to offer this impressive new tool to our clients,” said Joseph Marquette, President and Founder of Accellis.  “With MetaJure, law firms experience an entirely new approach to managing and finding…
  • How Secure is Your IT Network? [Quiz]

    Accellis Technology Group
    24 Jul 2014 | 6:46 am
    In 2011, the Federal Bureau of Investigations organized meetings with top law firms in the US to highlight the computer security threats and the very real risk of cyber-crimes against their firms. While many of the top law firms have made strides to better protect their data, many small to mid-sized firms still do not fully understand the risks and implications of failing to adequately protect their rich repositories of personal information and intellectual property. This interactive quiz is designed to provide you with a high-level assessment of your firm’s security capabilities. Find out…
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    The Litigation Consulting Report

  • Practice is a Crucial Piece of the Storytelling Puzzle

    Ryan Flax
    11 Sep 2014 | 1:47 pm
      by Ryan H. Flax, Esq.Managing Director, Litigation ConsultingA2L Consulting This article is the last in a series of six articles about storytelling and trial preparation. Parts 1-5 are linked at the bottom of this article. What is a trial attorney supposed to do after he or she has developed a theme and a story plus some graphics to support them visually? The answer is, test them. I encourage you to use mock juries, not to predict the outcome of your trial, but to see what themes and facts resonate with the jurors. Doing so will help you decide which facts and story lines are worth…
  • Why Trial Graphics are an Essential Persuasion Tool for Litigators

    Ryan Flax
    8 Sep 2014 | 7:45 am
      by Ryan H. Flax, Esq.Managing Director, Litigation ConsultingA2L Consulting As I pointed out in my last post, the oral telling of a story must be accompanied by visuals if it is to be fully effective. Studies show that most (reportedly as high as 61-65%) of the public prefers to learn by seeing and watching. The majority of attorneys, on the other hand, do not prefer to learn this way but are auditory and kinesthetic learners: They typically learn by hearing and/or experiencing something. This makes sense, when you think about it: We all learn this way in law school in class…
  • Free Top-50 Articles E-Book! Help Us Celebrate 5000 Subscribers!

    Ken Lopez
    5 Sep 2014 | 5:34 am
    by Ken LopezFounder/CEOA2L Consulting It may not feel as if it’s been that long, but we’ve been putting out this blog, The Litigation Consulting Report, for just about 3 ½ years. And in that time, we have written nearly 400 posts on dozens of trial and presentation-related subjects, on everything from TED talks to the George Zimmerman trial to voir dire techniques. Our success, though, is entirely traceable to you, our readers. In these 3 ½ years, we’ve steadily accumulated regular readers, and we’re delighted to say that we just signed up our 5,000th blog subscriber! No one ever…
  • 5 Essential Elements of Storytelling and Persuasion

    Ryan Flax
    4 Sep 2014 | 3:30 am
    by Ryan H. Flax, Esq.Managing Director, Litigation ConsultingA2L Consulting As I pointed out in my previous blog post, when a lawyer uses storytelling effectively at trial, he or she is literally eliciting a reaction from the brain areas and the neurochemicals that are the basis of any human being’s foundation for biological survival. Storytelling, in fact, serves the biological function of encouraging pro-social behavior. Effective stories reinforce the concepts that if we are honest and play by the right rules, we reap the rewards of the protagonist, and that if we…
  • 7 Reasons Litigation Graphics Consultants are Essential Even When Clients Have In-House Expertise

    Ken Lopez
    27 Aug 2014 | 2:00 pm
      by Ken LopezFounder/CEOA2L Consulting I frequently encounter trial teams that say things like: "My client has some graphics capabilities in-house." "Our client is a top expert in the field, so they want to explain the technology to the jury in their own way." "My client wants to stand up at trial and use a flip chart to explain the science." I hear these and other similar statements most frequently in patent cases and other science or technology-focused cases. On their face, there's nothing wrong with these remarks. However, sometimes the client's desire to be helpful…
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    Austin Criminal Defense Lawyer » Bill’s Blog

  • A Choking Allegation Can Complicate Family Violence Cases

    Bill Mange
    4 Sep 2014 | 11:33 am
    It’s a question anyone who’s ever been arrested and charged with a crime has asked a lawyer: “What happens if I’m convicted?” In a case involving family violence, the answer is, “It depends.” Under Texas law, prosecutors can charge an act of assault against a family member as a felony, which is a more serious crime, or a misdemeanor, depending on the facts and circumstances unique to each individual case. What Was Used During the Assault? One factor to consider is whether the assault involved a weapon, such as a gun, baseball bat, or knife. The use of a deadly…
  • Civil Rights Violations in Ferguson and Austin

    Bill Mange
    28 Aug 2014 | 7:20 am
    A Washington Post reporter Wesley Lowery was arrested August 13, 2014 for “trespassing” in a McDonald’s. Watch the video provided by the Washington Post. This isn’t just any McDonald’s. No, this particular McDonald’s is where reporters who cover the Ferguson, Missouri shooting of a young African American man commonly gather. Mr. Lowery’s offense was allegedly trespassing, but the reason he was arrested was that he was reporting on, among other things, police conduct. Shortly after he was arrested, he was slammed into a soda machine, then taken to…
  • How Bad Is It? What Makes a DWI a Felony in Texas?

    Bill Mange
    30 Apr 2014 | 4:45 am
    Driving while intoxicated (DWI) cases in Texas are common, but that does not mean that their resolution is simple. Not all DWIs are alike. For starters, actions that constitute DWI depend on different factors. Drivers age 21 and older violate Texas drunk-driving laws when they drive while their blood alcohol concentration (BAC) is 0.08% or more. For commercial drivers, the BAC limit is lowered to 0.04%, and any amount of alcohol in an under-aged driver’s system will land them with an automatic DWI charge. The Texas Alcoholic Beverage Commission (TABC) provides general guidelines as to the…
  • How Some Judges Compel Speech in Violation of the First Amendment

    Bill Mange
    21 Mar 2013 | 9:59 am
    Usually when criminal lawyers talk about “compelled speech,” they’re talking about the Fifth Amendment. The compelled speech I’m talking about here has to do with the First Amendment. The First Amendment of the United States Constitution gives you the right to say, or not say, whatever it is you want to say especially when it comes to politics. If you want to vote, then vote. If you think all of the candidates who wish to be elected are bums and you don’t want to vote for any of them, then don’t vote. It’s your right. When a judge orders you as a…
  • Can You Get Probation for a Drug Felony in Texas?

    Bill Mange
    13 Mar 2013 | 8:39 am
    If the drug felony is a state jail felony and you have no prior felony convictions, then not only can you get probation, you must get probation. Criminal lawyers will recognize that I’m referring to article 42.12 §15(a)(1) of the Texas Code of Criminal Procedure. Even if the judge is bound and determined to send you straight to the state jail facility, he cannot do so under this fact scenario. If you do have a prior felony conviction and the drug felony is a state jail felony, then it is still possible to get probation, and in Travis County you probably still will get probation, but…
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    New Jersey Injury Attorney Blog

  • Grandmother Critically Injured in New Jersey Crash

    15 Sep 2014 | 12:22 pm
    An 85-year-old woman was critically injured in a New Jersey car accident when a delivery van struck her and her grandson as they crossed the street. According to an Asbury Park Press news report, the pedestrian accident occurred on Newman Springs Road in Red Bank. Officials say the woman was walking with her 4-year-old grandson from Burger King to her home when the delivery van struck them. She was transported to Jersey Shore University Medical Center in critical condition and her grandson was treated and released.
  • New Jersey Firm Fined for Workplace Safety Violations

    9 Sep 2014 | 9:07 am
    After observing a number of fall hazards at three construction sites in Bloomfield, the Occupational Safety and Health Administration (OSHA) conducted a full investigation. According to an EHS Today news report, Concrete Systems Inc. now faces $52,470 in fines from the eight citations. OSHA officials cited the firm for one repeat and seven serious violations. The company was previously cited for exposing workers to fall and other hazards at worksites in Kearny and Cranford. OSHA cited the firm because workers were allegedly exposed to a 25-foot fall hazard without adequate protection. The…
  • Two Women Killed in New Jersey Crash

    5 Aug 2014 | 9:14 am
    Two women were killed and six others were injured in a New Jersey car accident involving a car and a truck. According to a news report in The New York Times, the fatal car accident occurred in the southbound lanes of the Garden State Parkway in Stafford Township. It is unclear from the report as to what led to the collision. The fatally injured women were in the front seat of the car. A boy and a girl, who were also passengers, were flown by helicopter to Atlantic City in serious condition. A man, a woman, a boy, and a girl in the pickup sustained relatively minor injuries. The investigation…
  • Motorcyclist Critically Injured in New Jersey Crash

    1 Jul 2014 | 12:42 pm
    A 73-year-old Flanders man is in critical condition after he was injured in a New Jersey motorcycle accident. According to a news report in The New Jersey Herald, the motorcycle crash occurred on Route 206 near the Harmony Lodge in Andover Township. Officials say a 38-year-old woman stopped to turn left when her 2013 Ford Escape was struck in the rear by a 1999 BMW motorcycle. The rider was ejected, critically injured, and airlifted to a nearby hospital. The driver of the SUV was treated and released. An investigation is underway to determine the cause of the crash. Motorcycles provide little…
  • Preventing Bicycle Accident Injuries This Summer

    24 Jun 2014 | 12:34 pm
    Summertime is a great time to get around New Jersey on your bike. You can stay fit, have fun, and save money. However, bicycling in New Jersey can prove dangerous if you are not careful. Make sure you always wear a helmet and exercise safe riding habits. Here are a few tips to help you stay safe when riding this summer: Increase your visibility. Under New Jersey law, all riders at night are required to have a front headlamp that emits a white light, a rear lamp with a red light, and a red rear reflector. Whether you are on your bike at night or during the day, you should wear bright clothes…
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  • Get the Hard Facts about Motorcycle Accident Statistics

    12 Sep 2014 | 4:40 am
    Many personal injury cases are the result of motorcycle accidents. If you’ve been in such an accident and you want to sue the person or entity which you consider to be responsible for your injuries, so as to access damages which may be used in order to cover the cost of medical care, lost income and rehabilitation, getting some hard facts about motorcycle accident statistics may be very helpful. By seeing where you fit in statistically, in terms of accident type, you’ll understand how many others have also been in the same type of accident. In addition, you should take care to retain the…
  • Get the Inside Scoop on Car Accident Statistics

    9 Sep 2014 | 4:24 pm
    Car accident statistics detail the amount of fatalities and injuries from motor vehicle mishaps, within a given time frame, such as a month or a year. These sorts of statistics are available from a range of sources, such as government entities, including the Department of Transportation and law enforcement agencies, as well as from private sources, such as insurance companies or industry governing bodies. When looking up car accident statistics, be sure to seek out accurate statistics from respected authority websites. You May Find Car Accident Statistics Online There are plenty of car…
  • How to Hire the Best Car Accident Attorney

    8 Sep 2014 | 5:30 pm
    If you’ve been in a motor vehicle accident and you don’t believe that it’s your fault, it may be time to use legal means in order to access compensation which will help to you to pay for expenses which are related to your injuries and rehabilitation. This form of compensation may also be utilized in order to help you deal with the stress of lost earnings which are related to your injuries. However, winning your case will require lots of legal expertise. This is why it’s so important to hire the best car accident attorney that you can find. In order to help you get the legal muscle…
  • How Lawyers Use Car Accident Data to Protect Their Clients

    29 Aug 2014 | 4:30 pm
    If you’re involved in an auto accident, you’ll have a lot of different things to keep in mind. If you or anyone else riding in your vehicle is injured, there will be worries about hospitalization, doctor’s visits, physical therapy, and all the other steps you need to go through until you’re fully recovered. Injuries can cause you to miss work, which can start a chain reaction of other worries after an accident. If your car is heavily damaged or destroyed, you’ll have to make arrangements for transportation while you wait for repairs or find another vehicle. In short, automobile…
  • Motorcycle Accidents Causes and Statistics

    21 Aug 2014 | 9:30 am
    Sponsored by the National Highway Traffic Safety Administration, the ‘Motorcycle Crash Causes and Outcomes: Pilot Study” is a detailed reporting on the causes and statistics regarding motorcycle crashes in the United States. The majority of accidents continue to involve automobiles, however the percentage of motorcycles involved has continued to rise since the late 90′s. Along with the rising in involvement, there has also been an increase in motorcycle fatalities. In two-vehicle accidents, one report found a staggering 85% fatality rate for motorcyclists. Among the causes for…
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    Wexler Wallace Law Firm Blog

  • No Policy? No Problem: How Commonality Incentivizes Subjective Action

    Sarah Quinn, Law Clerk
    15 Sep 2014 | 9:16 am
    There is no denying the shortcomings of urban public education in America. In Chicago, high school graduation rates hover just over 50%, with 79% of its 8th graders labeled “Not Proficient” in reading on National Assessment of Educational Progress (NAEP)
  • Following the Proof, Post-Wal-Mart

    Thomas Doyle, Of Counsel
    18 Aug 2014 | 8:16 am
              In the three years since the Supreme Court issued its decision in Wal-Mart Stores Inc. v. Dukes, 131 S.Ct. 2541 (2011), lawyers representing workers in class actions have faced a recurring theme from defendants: employers
  • Two Minutes for Discriminating: The Newest Penalty for Federally-Contracted Companies

    Kerri Feczko, Law Clerk
    15 Aug 2014 | 8:50 am
    Consumers and workers rejoice while large corporations wallow. Just two weeks ago, President Barack Obama signed an executive order that not only tackles labor law-breaking companies, but also prohibits mandatory arbitration to settle workplace discrimination and civil rights grievances. The
  • Time to Block “Glocks vs. Docs”

    Tania Yusaf, Associate
    8 Aug 2014 | 8:52 am
    At a time when gun violence is running rampant in Chicago and across the nation, I am floored by the 11th Circuit’s decision to vacate an injunction against enforcement of Florida’s Firearm Owners Privacy Act (“Act”).[1] The Act, also known
  • The Latest Fight Over the State-Action Antitrust Immunity Doctrine

    Justin Boley, Associate
    5 Aug 2014 | 8:40 am
    Last week, the Federal Trade Commission (“FTC”) submitted its brief urging the Supreme Court to deny antitrust immunity to the North Carolina State Board of Dental Examiners (“Board”).  Years ago, the Board had barred non-dentists from providing teeth-whitening services, prompting
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  • Online Reviews…The Good, Bad and Ugly

    25 Aug 2014 | 12:14 pm
    There are so many ways for clients to tell everyone they know about you, and thanks to the Internet, they can even tell people they don’t know!  This is great if the things they’re saying make you look good.  If they’re posting negative reviews and comments, however, it can feel like a punch in the gut to someone running their own small firm. So, what do you do if someone is trying to sabotage your legal marketing plan by saying nasty things on Yelp, their blog, or your Facebook page? First, don’t panic.  This is a time to keep your cool, because how you respond is more important…
  • Marketing to Other Lawyers?

    21 Jul 2014 | 2:31 pm
    The idea of marketing your law practice to other lawyers might sound a little strange at the outset, but there is a method to the madness.  After all, you likely get a portion of your work via referrals from other lawyers.  (If you don’t, then you should REALLY start doing that.)  Just as you market to former clients in order to get repeat business and their referrals, you should also be marketing your practice to other lawyers in order to get theirs. Choosing who to target with your marketing is a first step.  The most obvious criterion is that they provide different services than you…
  • Could you use some individualized help growing your practice?

    4 Jun 2014 | 12:54 pm
    Summer is almost here, our team has expanded significantly and we have room this quarter to accept a few additional private clients who could use some more individualized help growing their practices. This is NOT exclusive to just Estate Planning and Elder Law attorneys. This is more than just receiving marketing materials that your team can implement on their own (if that’s what you need, check out our Done-For-You program here). Instead, this is OUR TEAM, doing your marketing FOR YOU, so that you can focus on what you do best: practicing law! We serve attorneys in the following areas:…
  • Gerry Oginski shares his PROVEN 7-Figure Video Marketing Strategies

    19 May 2014 | 11:29 am
    I’m still quite blown away by this… …but my friend Gerry Oginski took to the time to record an AMAZING video for my subscribers about the video marketing strategies he uses to acquire regular 7-figure cases from the internet. This was following a conversation that we had on the phone about my frustration that more attorneys are not doing video marketing when it so clearly and easily brings in business to a law firm! Our chat sparked some ideas and he recorded this video, just for me to share with you.? His stories and practical applications will blow you away and hopefully motivate you…
  • The dirty “D” word for law practice owners

    15 May 2014 | 10:44 am
    Let’s have a talk today about that dirty “D” word—delegation.  I know, I hate it too.  I’m human and sometimes fall back into the thinking that if you want something done right, you have to do it yourself. But that mindset is TOXIC to running a successful law practice…or any business venture for that matter.  Get it out of your head right now!  I’ve learned to dismiss those thoughts like my life depends on it! The key to delegating while staying true to yourself and your values is to be honest about what you do best, what tasks ONLY you can do…and then get the rest off of…
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    Pam Woldow's At the Intersection

  • Skilled Scoping Diminishes Discord: Cutting Corners, Part III

    Pam Woldow & Doug Richardson
    1 Sep 2014 | 12:55 pm
    Note: Due to the numerous and passionate responses to the first two posts on Cutting Corners, we have added Part IV to the series in which we will highlight the insightful (but profoundly divided) points of view we received from In-House Counsel and Law Firms.   In the first two posts in this series, we considered the typical law firm complaint that such efficiency-producing disciplines as Legal Project Management (LPM) and Legal Process Improvement (LPI) may actually encourage legal “corner-cutting.” Does this complaint reflect a valid concern about threats to quality of service, or…
  • Perfection Is the Enemy of Good – Cutting Corners, Part II

    Pam Woldow & Doug Richardson
    23 Aug 2014 | 1:02 pm
    In this second of three related posts, we consider whether clients’ increasing efforts to control outside legal spend forces their outside counsel to “cut corners.” Are firms being forced to compromise service quality and integrity in order to meet client price points?  Are Legal Project Management (LPM) and Legal Process Improvement (LPI), which are supposed to foster efficiency and cost-effectiveness, actually having the paradoxical effect of pushing law firms past “doing more with less” to the point where it becomes acceptable “to do less with less?” Maybe You’ve Got a…
  • Cutting Corners and the Question of Quality

    Pam Woldow & Doug Richardson
    18 Aug 2014 | 3:17 pm
    As you might expect, proponents of Legal Project Management (LPM), Legal Process Improvement (LPI) and other approaches for driving greater efficiency and value into legal service delivery get a lot of blow-back.  One of the more common gripes we hear is that “LPM encourages corner-cutting.” Two Ways to Complain In fact, in this form the complaint puts rather too blunt a point on the issue. So let’s be more precise: the substance of the corner-cutting charge actually derives from two quite distinct allegations. One, driven by market competition, might be labeled the “my competitors…
  • Plugging Profitability Leaks: A Simple Tip for Great Delegation

    Pam Woldow & Doug Richardson
    22 Jun 2014 | 6:04 pm
    UPDATE: This article won the BigLaw Pick of the Week award! We’ve long known that vague, incomplete or misunderstood instructions from partners to associates is a prime source of profitability leaks — revenue lost because of all the time spent on reinventing the wheel, because  of do-overs, and because of significant amounts of time written down or eventually written off.    We’ve also long known that an amazingly simple delegation improvement technique can help reduce write-downs of time by up to 18%. The Trick Anyone Can Master What is this marvelous magic trick?  Whenever…
  • How You’ll Know When Your Firm’s Been Fired

    Pam Woldow & Doug Richardson
    6 May 2014 | 5:43 pm
    UPDATE: This article won the BigLaw Pick of the Week award! I sat in on a meeting recently when a major corporation’s General Counsel, CFO, and COO made the unanimous decision to fire a law firm that had been serving the company for over two decades. There had been no catastrophic we-bet-the-company-and-lost kind of screw-up, no egregious failure of expertise, no utterly dropped balls — just steadily increasing client dissatisfaction. This firm was shown the door solely on the basis of the same five-count indictment that has become increasingly common:   Too many surprises Too…
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    New Jersey Injury Attorney Blog

  • Grandmother Critically Injured in New Jersey Crash

    15 Sep 2014 | 12:22 pm
    An 85-year-old woman was critically injured in a New Jersey car accident when a delivery van struck her and her grandson as they crossed the street. According to an Asbury Park Press news report, the pedestrian accident occurred on Newman Springs Road in Red Bank. Officials say the woman was walking with her 4-year-old grandson from Burger King to her home when the delivery van struck them. She was transported to Jersey Shore University Medical Center in critical condition and her grandson was treated and released.
  • New Jersey Firm Fined for Workplace Safety Violations

    9 Sep 2014 | 9:07 am
    After observing a number of fall hazards at three construction sites in Bloomfield, the Occupational Safety and Health Administration (OSHA) conducted a full investigation. According to an EHS Today news report, Concrete Systems Inc. now faces $52,470 in fines from the eight citations. OSHA officials cited the firm for one repeat and seven serious violations. The company was previously cited for exposing workers to fall and other hazards at worksites in Kearny and Cranford. OSHA cited the firm because workers were allegedly exposed to a 25-foot fall hazard without adequate protection. The…
  • Two Women Killed in New Jersey Crash

    5 Aug 2014 | 9:14 am
    Two women were killed and six others were injured in a New Jersey car accident involving a car and a truck. According to a news report in The New York Times, the fatal car accident occurred in the southbound lanes of the Garden State Parkway in Stafford Township. It is unclear from the report as to what led to the collision. The fatally injured women were in the front seat of the car. A boy and a girl, who were also passengers, were flown by helicopter to Atlantic City in serious condition. A man, a woman, a boy, and a girl in the pickup sustained relatively minor injuries. The investigation…
  • Motorcyclist Critically Injured in New Jersey Crash

    1 Jul 2014 | 12:42 pm
    A 73-year-old Flanders man is in critical condition after he was injured in a New Jersey motorcycle accident. According to a news report in The New Jersey Herald, the motorcycle crash occurred on Route 206 near the Harmony Lodge in Andover Township. Officials say a 38-year-old woman stopped to turn left when her 2013 Ford Escape was struck in the rear by a 1999 BMW motorcycle. The rider was ejected, critically injured, and airlifted to a nearby hospital. The driver of the SUV was treated and released. An investigation is underway to determine the cause of the crash. Motorcycles provide little…
  • Preventing Bicycle Accident Injuries This Summer

    24 Jun 2014 | 12:34 pm
    Summertime is a great time to get around New Jersey on your bike. You can stay fit, have fun, and save money. However, bicycling in New Jersey can prove dangerous if you are not careful. Make sure you always wear a helmet and exercise safe riding habits. Here are a few tips to help you stay safe when riding this summer: Increase your visibility. Under New Jersey law, all riders at night are required to have a front headlamp that emits a white light, a rear lamp with a red light, and a red rear reflector. Whether you are on your bike at night or during the day, you should wear bright clothes…
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    Simmons & Fletcher » Blog

  • Preventing Traumatic Brain Injuries in Youth Football

    Paul Richardson
    8 Sep 2014 | 6:00 am
    Football season is here, and it is undeniable that the residents of Texas love this sport. However, as children and teens get ready for battle on the gridiron, it is important for players and parents to understand the potential dangers …The post Preventing Traumatic Brain Injuries in Youth Football appeared first on Simmons & Fletcher.
  • What is a Hospital Lien?

    Paul Cannon
    5 Sep 2014 | 9:27 pm
    A “Hospital Lien” is a special right granted to hospitals and emergency services providers by Statute enabling them to receive payment from the first monies recovered from a negligent third-party by the injured victim. It is a right that attaches …The post What is a Hospital Lien? appeared first on Simmons & Fletcher.
  • What Should I Do After Being Attacked by a Dog?

    Paul Cannon
    20 Aug 2014 | 5:07 am
    After you are attacked by a dog you should seek medical care immediately, follow the doctors orders regarding cleaning, report the attack, identify any possible witnesses document the injury and speak to a personal injury lawyer who regularly handles cases …The post What Should I Do After Being Attacked by a Dog? appeared first on Simmons & Fletcher.
  • Litigating Dog Bites in the State of Texas

    Paul Richardson
    7 Aug 2014 | 6:00 am
    Dog bites are a serious matter of public concern, costing the insurance industry about $104 million in 2013. Though a number of states have implemented laws and regulations aimed at preventing this problem, incidents continue to occur, resulting in physical, …The post Litigating Dog Bites in the State of Texas appeared first on Simmons & Fletcher.
  • Texas Counties Seeking Help with Eagle Ford Road Repairs

    Paul Richardson
    31 Jul 2014 | 5:37 am
    The state of Texas collects billions of dollars in royalties from Eagle Ford Shale drillers. This money is significantly beneficial to the state, but a recent report explains that this monetary gain is not being equitably shared with the counties. …The post Texas Counties Seeking Help with Eagle Ford Road Repairs appeared first on Simmons & Fletcher.
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    Loyalty Law

  • Whiplash At Different Ages
    27 Aug 2014 | 4:06 am
    Whiplash affects people with different conditions in different ways. For that reason, the amount of damage caused by whiplash varies greatly from person to person. Similarly, it affects people differently...
  • Three UK Cycling Activists Worth Your Attention
    15 Aug 2014 | 5:37 am
    Cycling facilities in the UK are infamous for being poor quality. From Coronation Road in Bristol to central London, cycling path fails are ubiquitous in this country, and there’s a...
  • Five Simple Procedures Every New Bike Owner Should Learn
    24 Jul 2014 | 3:14 am
    There are many bikes out there that are really suffering. Whether they’ve got rusty gears, ancient chains or are just in need of a good scrub, the typical bicycle commuter...
  • Top Ten Cycling Path Fails
    18 Jul 2014 | 8:25 am
    Cycling paths are a great idea, but implementation is all. No-one gets credit for trying and making things worse. It often seems like city planners are actively trying to sabotage...
  • Top Five Helmet Cameras For Road Cyclists
    16 Jul 2014 | 8:02 am
    As a cyclist, you have to be aware of the dangers around you.  It’s unfair, but that’s just the way road traffic currently works. As a cyclist, you are much...
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    Strictly Business

  • Venture Capital Term Sheet Negotiation — Part 13: Drag-Along Rights

    Casey W. Riggs
    19 Aug 2014 | 3:55 pm
    This post is the thirteenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior twelve posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions, discussed valuation, cap tables, and the price per share, discussed dividends on preferred stock, explained how liquidation preferences work, discussed the conversion rights and features of preferred stock, examined voting rights and investor protection provisions, analyzed anti-dilution provisions,…
  • Venture Capital Term Sheet Negotiation — Part 12: Preemptive Rights

    Alexander Davie
    7 Jul 2014 | 1:50 pm
    This post is the twelfth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior eleven posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions, discussed valuation, cap tables, and the price per share, discussed dividends on preferred stock, explained how liquidation preferences work, discussed the conversion rights and features of preferred stock, examined voting rights and investor protection provisions, analyzed anti-dilution provisions,…
  • Is it time for the JOBS Act, Part Two?

    Alexander Davie
    30 Jun 2014 | 3:26 pm
    When the JOBS Act was passed, a lot of people hoped that it would de-regulate startup finance, resulting in a boom of new startups being funded.  Through repealing the ban on general solicitation, allowing online angel investment platforms, creating the new “Regulation A+,” and allowing equity crowdfunding, the JOBS Act was supposed to make funding startups considerably easier.  But there have been some significant bumps in the road.  First, in my view, the equity crowdfunding exemption that was included in the bill was unworkable from the beginning. That continues to be true under the…
  • Venture Capital Term Sheet Negotiation — Part 11: Management and Information Rights

    Casey W. Riggs
    29 Jun 2014 | 11:29 am
    This post is the eleventh in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior ten posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions, discussed valuation, cap tables, and the price per share, discussed dividends on preferred stock, explained how liquidation preferences work, discussed the conversion rights and features of preferred stock, examined voting rights and investor protection provisions, analyzed anti-dilution provisions,…
  • Venture Capital Term Sheet Negotiation — Part 10: Registration Rights

    Alexander Davie
    7 May 2014 | 12:05 pm
    This post is the tenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior nine posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions, discussed valuation, cap tables, and the price per share, discussed dividends on preferred stock, explained how liquidation preferences work, discussed the conversion rights and features of preferred stock, examined voting rights and investor protection provisions, analyzed anti-dilution provisions, looked…
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    Arizona Criminal Law & Defense Blog

  • Coming to Super Bowl XLIX: What are the Arizona DUI Laws?

    20 Aug 2014 | 11:38 am
      Every year, cities and sports venues from all around America submit bids to host a Super Bowl. University of Phoenix Stadium in Glendale, Arizona was privileged to be awarded the right to host Super Bowl XLIX (49) to be played on February 1, 2015. The good news was delivered on October 11, 2011 and represents the second time this venue has been selected. If you plan on coming to the Phoenix area for the Super Bowl, we’ve put together a few places you might want to visit while you’re here on your trip. We also put together an outline of the Arizona DUI Laws which are good…
  • 58-year-old Phoenix man arrested for 1989 sexual assault, murder

    4 Aug 2014 | 10:28 am
    PHOENIX – 58-year-old Cudellious Love, of Phoenix, was arrested on Friday by the Phoenix police officers after they found DNA evidence that linked him to an unsolved murder and sexual assault from 1989. A report released by the Phoenix Police Department’s crime lab in January indicated a DNA match between a sample taken from the scene and a DNA profile in the state database. According to the court records released Monday, the DNA belonged to a 58-year-old man named Cudellious Love who was in prison for more than three years for a drug conviction. The DNA evidence linked Love to an…
  • Fourth of July 2014 DUI Patrols

    3 Jul 2014 | 12:57 pm
    ** If you are looking for DUI Checkpoint Do’s and Don’ts, Click Here. Summertime is one of the best times to enjoy the outdoors with family and friends. and more specifically, the Fourth of July is a time when people in Arizona head to the lake for some fun in the sun! With that comes increased risk of drinking and driving (or boating). Local law enforcement in Arizona is out looking to arrest people for DUI if they have consumed too much alcohol and think they are OK to drive a car or boat. Our suggestion is if you’ve had any alcohol, please get a ride. If you are out on…
  • What are Fraudulent Schemes in Arizona?

    14 Mar 2014 | 2:57 pm
    In the Phoenix area or anywhere else in the state of Arizona, as per A.R.S. §13-2310, the crime of fraudulent schemes is committed when an individual creates a scheme or artifice to defraud, which involves the attempt to defraud knowingly and when they receive a benefit as a result. A scheme or artifice to defraud means that a person intended to gain an unfair benefit or that another person was deprived of the right of honest services. For a defendant to be convicted of this crime, it is not necessary that the individual who was defrauded actually relied on said fraud. Here is a short video…
  • The Dangers of File Sharing and Peer to Peer Networks

    12 Feb 2014 | 7:51 am
    File sharing has been a big part of the counter-culture of legal and illegal music and movie downloads in the United States. Many file sharing programs that allowed the free flow of copyrighted files like Limewire, Napster, Bearshare, Frostwire, and the like have long been shut down by the U.S. Government (or switched their business models), but new software springs up all the time. For example, as soon as Limewire was shut down, Frostwire came out and today the most prevelant Peer to Peer software of today is bit Torrent. The cycle keeps repeating as bit torrent sites like The Pirate Bay,…
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    Oklahoma Personal Injury Blog

  • Edmond Man Killed in Logan County Crash

    Maples Law Firm
    8 Sep 2014 | 9:29 am
    A 50-year-old Edmond man was killed in an Oklahoma car accident when a vehicle rolled over and struck his vehicle. According to a news report in The Edmond Sun, the fatal car crash took place at Broadway and Charter Oak in Logan County north of Edmond. Officials say a 2013 Hyundai Sonata struck a 2011 Chevrolet Silverado causing the Silverado to partially roll and hit a 2006 Honda Accord. The 50-year-old driver of the Honda was killed at the scene and his 49-year-old wife has been listed in stable condition. The 32-year-old female driver of the Sonata and the 46-year-old driver of the…
  • Lenapah Motorcyclist Killed in Catoosa Collision

    Maples Law Firm
    18 Aug 2014 | 2:08 pm
    A 50-year-old Lenapah man was killed in an Oklahoma motorcycle accident involving a front-end loader. According to a KJRH news report, the fatal motorcycle crash occurred on Bird Creek near a gravel service road in Catoosa. Officials say the motorcyclist was traveling northbound when he collided with a front-end loader that was in the process of turning. reports that the victim was not wearing a helmet. He was pronounced dead at the scene. The driver of the front-end loader was not hurt. Under Oklahoma Statute 47-12-609 (B), only motorcycle operators and passengers who are under 18…
  • Nine Injured in Oklahoma City Bus-Truck Collision

    Maples Law Firm
    11 Aug 2014 | 10:19 am
    Nine people were injured in an Oklahoma City traffic accident involving a collision between a Greyhound bus and a semi truck. According to a News 9 report, the truck and bus accident occurred on I-40 eastbound just west of the Amarillo junction in Oklahoma City. Officials have not released information regarding what caused the bus and truck to collide. All nine of the injured victims were transported to nearby hospitals with minor injuries. It is unclear how the accident could have been prevented or if anyone will face charges for the crash. Many Oklahoma residents rely on public buses for…
  • Oklahoma Family Reports Nursing Home Abuse of Vietnam War Veteran

    Maples Law Firm
    4 Aug 2014 | 11:54 am
    A Vietnam War veteran is bruised and battered and his family believes that the Jones nursing home where he was staying is responsible. According to a KFOR news report, his wife found him one day turned to the wall of his room crying. When questioned, he claimed that the care provider balled up her fist and took a swing at him. His family reported the abuse but received no positive response from the nursing home’s administrators. They man’s family has since taken him home and the director of the facility claims that the abuse is under investigation. The wife of the injured veteran…
  • 3 Animals That Help Humans in Unexpected Ways

    Maples Law Firm
    18 Jul 2014 | 9:03 am
    Although we prideful humans would like to take all the credit for ourselves, the fact is we wouldn’t have the world we have today without help from other species. For example, dogs have facilitated the herding of livestock since ancient times. Horses and camels made long distance cultural exchange possible. Early agriculture just wouldn’t have worked out without the ox there to pull the plow. Diseases associated with rat infestations would’ve irrevocably crippled early cities had it not been for cats. The list goes on and on. It’s clear that animals were absolutely vital to our…
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    » Blog

  • Recreational Sports: All Fun and Games?

    Jay Solnick
    12 Sep 2014 | 7:59 am
    Back to school means back to the field for many young athletes. While sports leagues invite cooperation, teamwork, and dedication among participants, injuries are also an inevitable downside to such after school activities. Regardless of whether your child is in a school-affiliated or other recreational club-type league, it is critical to recognize the risks of sports participation. How Can Youth Sports be Dangerous? Football is the logical starting place when discussing sports injury concerns. With constant forceful contact with one another, football players are at perhaps the greatest risk…
  • Alarming Number of School Buses Fail Inspection

    Jay Solnick
    10 Sep 2014 | 7:09 am
    It’s that time of year again – back to school! Parents are catching numerous sales as they prepare to send their kids back to school with the essential school supplies. Morning traffic will be more congested with school buses dropping children off at school. And, Pennsylvania State Police are currently making sure the ride back is a safe one. An alarming study finds that many school buses are not safe for traveling. Thousands of student in the Tri-State area will get on a school bus to take them to school. But, how safe are these school buses? ABC news reports that during the last week of…
  • Wrongful Death Claims: A Civil Option When Faced With the Loss of a Loved One

    Jay Solnick
    5 Sep 2014 | 6:13 am
    Nothing can bring back the life of a loved one lost to careless or reckless actions of another.  Their love and affection will be missed, and the loss of any financial support they provided can adversely affect everything from day-to-day expenses to mortgage payments.  Faced with so much grief, it is very difficult to simultaneously worry about economic concerns.  However, when a loved has been killed as a result of the careless or reckless actions of another, it is wise to consider a wrongful death lawsuit.  When you are ready, a dedicated and experienced Pennsylvania wrongful death…
  • Distracted Driving: A Bad Habit Increasingly Affecting Pennsylvanians

    Jay Solnick
    3 Sep 2014 | 5:58 am
    Driving in the Keystone State can be dangerous when distracted drivers are on the road.  Smart phones are a common cause of this distractedness, with people constantly being bombarded with calls, texts, and social media status updates.  Some are unable to resist the urge to respond to every communication as soon as possible – a temptation that can prove extremely dangerous when behind the wheel.  Whether in major metropolitan areas like Philadelphia or Pittsburgh, or in rural areas, distracted driving poses a risk to the distracted driver, as well as other drivers, pedestrians, and…
  • Premises Liability: Landlord-Tenant Relationship

    Jay Solnick
    29 Aug 2014 | 6:00 am
    Generally, premises liability extends to slip and falls that occur while one is on their rental property. But, of course this comes with exceptions. On this blog we previously discussed the legal responsibility property owners hold regarding slip and falls. When someone slips and falls on the property of another, the general rule is the property owner may be fully responsible. Any slips, falls, or trips that occur as a result of a dangerous or hazardous condition may result in the injured party being compensated for medical expenses, lost wages and pain and suffering. Generally the property…
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    Baron & Budd, P.C. | Protecting What's Right

  • Dallas Jury Awards Transvaginal Mesh Patient $73 Million in Boston Scientific Lawsuit, Baron and Budd Reports

    Baron & Budd
    11 Sep 2014 | 3:11 pm
    First Loss for Boston Scientific Creates Positive Precedent for Other Injured Women DALLAS –(September 11, 2014) –Earlier this week, a Dallas jury returned a $73 million verdict in favor of a woman who has suffered serious health problems after being implanted with Boston Scientific’s Obtryx transvaginal mesh product. Baron and Budd congratulates Matthews & Associates, Freese and Goss, Edwards & de la Cerda and the rest of the trial team on their victory. The firm hopes that this verdict helps to pave the way for positive results in other transvaginal mesh lawsuits.
  • Three Baron and Budd Lawyers Listed in The Best Lawyers in America© 2015

    Baron & Budd
    9 Sep 2014 | 7:54 am
    DALLAS (September 9, 2014) – Russell Budd, Scott Summy and Roland Tellis of the law firm of Baron and Budd have been selected for inclusion in The Best Lawyers in America© 2015. Best Lawyers® is a highly respected peer review publication. Each year, it compiles an exhaustive list of the most accomplished attorneys in the nation by conducting confidential peer surveys. More than 50,000 attorneys cast more than 5.5 million votes regarding the legal abilities of other attorneys in their areas of practice. Firms are not allowed to pay any sort of fee for their lawyers to be included on…
  • Baron and Budd Investigating Alleged Chrysler “Nerve Center” Defect

    Baron & Budd
    3 Sep 2014 | 11:15 am
    Defect in Certain Vehicles Can Cost Consumers Up To $25,000 to Repair DALLAS –(September 3, 2014) –Baron and Budd, a national law firm dedicated to protecting the rights of people harmed by the negligence of large companies, is launching an investigation regarding problems in certain Chrysler vehicles that may be linked to the “Totally Integrated Power Module” (TIPM), also known as the “nerve center” of the vehicle, which controls virtually all of the vehicle’s functions. Not only can this defect cause potentially dangerous problems, it can also cost…
  • Baron & Budd Files First Litigation in Levaquin, Avelox, and Cipro Cases

    Baron & Budd
    26 Aug 2014 | 2:59 pm
    10-Year Study in Journal of Neurology Reveals That Risk of Peripheral Neuropathy Doubles With Fluoroquinolone Use DALLAS, August 26, 2014 — The Dallas-based national law firm of Baron & Budd, P.C., a leader in pharmaceutical litigation, has filed the first lawsuit involving a form of nerve damage known as peripheral neuropathy against pharmaceutical companies which marketed a class of powerful antibiotics called "fluoroquinolones" (FQs). The most popular FQs, levofloxacin, moxifloxacin, and ciprofloxacin, are sold under the trade names, respectively, of Levaquin®, Avelox®,…
  • Baron and Budd Raising Awareness About the Dangers of PCBs in Schools and How Schools Can Take Action

    Baron & Budd
    21 Aug 2014 | 1:06 pm
    Law Firm Offering Free PCB Testing to Schools Built Between 1950 and 1980 DALLAS – (August 21, 2014) – Baron and Budd, a national law firm with deep experience in environmental litigation, announced today that it is offering free PCB testing to schools built between 1950 and 1980. Currently, testing for PCBs in schools is not a requirement, even though the Environmental Protection Agency (EPA) has classified PCBs as probable human carcinogens that can have potentially serious toxic effects on a person’s immune system, endocrine system, nervous system and reproductive system,…
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    News From Dallas Appellate Attorney Chad Ruback

  • Five Judges from the Fifth Circuit Court of Appeals Offer Pointers on Appellate Advocacy

    Chad Ruback
    10 Sep 2014 | 2:13 pm
    The Dallas Bar Association Business Litigation Section recently hosted an outstanding panel discussion with five judges from the Fifth Circuit Court of Appeals.  I have been attending appellate continuing legal educations presentations for seventeen years, and this one was among the best I’ve seen.  Judges Gregg Costa, Jennifer Elrod, James Graves, Stephen Higginson, and Catharina […]
  • “The Best Lawyers in America” list

    Chad Ruback
    20 Aug 2014 | 6:14 am
    I am honored that my peers have once again voted to include me in “The Best Lawyers in America” list.  
  • Interview on KDAF CW Channel 33

    Chad Ruback
    15 Aug 2014 | 11:59 am
    As an appellate lawyer, I often have to answer difficult questions. On Channel 33 news, though, I got to answer an easy one. I was asked whether an individual could form his own country in North Dallas. Um, no.     Here is the video:
  • Supreme Court Hobby Lobby opinion might only directly impact two companies

    Chad Ruback
    11 Jul 2014 | 10:00 am
    After the Dallas Business Journal published an article about the U.S. Supreme Court’s recent Hobby Lobby decision, a number of people asked me about potential impact on various business. Here are my thoughts: Despite all the attention the case has gotten, the opinion might only directly impact two U.S. companies. The Affordable Care Act (also […]
  • Chad Ruback interviewed live in Fox 4 studio

    Chad Ruback
    1 Jul 2014 | 11:08 am
    This morning, I gave a live interview to a Fox 4 news anchor regarding a new U.S. Supreme Court opinion. Here is the video:
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    Protecting What's Right

  • What Obama Did: How Our President is Helping Fight Back Against Forced Arbitration

    Allen Vaught
    15 Sep 2014 | 9:29 am
    Say what you will about President Obama, but one thing is for sure: He is doing work that is desperately needed to help our contractors and laborers, people who are all too often taken advantage of by the powerful corporations who hire them for “contract” work. I previously wrote about Obama’s initiative to fight employers’ abuse of overtime. This was an important step in holding employers accountable for the hours that they employ their employees — meaning, the practice of denying payment for overtime work or slicing off hours worked to keep the costs low for the…
  • What You Need to Know About the Chrysler Nerve Center Defect

    Baron & Budd
    12 Sep 2014 | 7:52 am
    Some Chrysler drivers have experienced severe, life-threatening (not to mention expensive!) occurrences with their Chrysler vehicles — ones that may have to do with a “nerve center defect.” Here’s what you need to know. Drivers have experienced: Unintended acceleration Stalling Loss of headlights or taillights Sudden loss of electricity, security or ignition systems Inability to turn vehicle off Airbags failing to deploy Loss of turn signal control In addition, some drivers have also experienced bizarre occurrences like windows rolling up or down, horns honking, radios or…
  • Breaking News for Transvaginal Mesh Patients: Boston Scientific Must Pay Woman Injured by TVM a Record $72 Million

    Baron & Budd
    10 Sep 2014 | 6:42 am
    Breaking News: a Dallas jury has found Boston Scientific liable for manufacturing a defective product, returning a verdict that sets a hefty record for transvaginal mesh product liability trials. The number? $72 Million. The woman who was injured by Boston Scientific’s transvaginal mesh implant and has been suffering since January 17, 2011 —the date when the transvaginal mesh was implanted to treat her incontinence. The surgery lasted a mere 15 minutes. But the damage to unfold… that lasted much longer. There are two things we’d like to discuss with this verdict today. The…
  • Want to Work 80 Hours and Only Be Paid for 40? An Update on our Fight Against Wage Theft

    Allen Vaught
    9 Sep 2014 | 3:10 am
    This weekend I shared a New York Times article on Baron and Budd’s Facebook page. The article was about wage theft, an illegal practice that is described as a theft of wage, or pay, for time worked, and the lawsuits that wronged individuals are filing across the country to speak up against the illegal practice. Currently, we at Baron and Budd are representing a group of fast food restaurant workers who worked around 70 hours per week without being paid overtime pay. Technically, “overtime” means any time worked over 40 hours per seven-day workweek. The individuals we are…
  • Hidden Reactions: How Side-Effects of Cipro, Levaquin and Avelox Are Under-Recognized

    Lisa Bloomquist
    8 Sep 2014 | 5:01 am
    Lisa Bloomquist was "Floxed" on her 32nd birthday by Cipro, a fluoroquinolone antibiotic. After 2 years of battling the mysterious health ailments that come with an adverse reaction to a fluoroquinolone, she has fought her way back to health.Adverse reactions to fluoroquinolones (cipro, levaquin and avelox) are tricky. Many people don’t realize the connection between the fluoroquinolone antibiotics that they took to treat urinary tract infections, sinus infections, prostate infections, etc. and their mysterious health problems. The disconnect and trickiness is due to these…
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    Hardwick & Pendergast - Seattle Personal Injury and Car Accident Attorneys

  • Changes Made to Second Avenue Bike Lane

    Hardwick & Pendergast, P.S.
    15 Sep 2014 | 11:06 am
    Recent changes designed to make Second Avenue safer for bicyclists have left many motorists befuddled. After only three days, Seattle’s Department of Transportation has already made a number of changes to reduce confusion. According to a news report in The Seattle Times, a green straight arrow replaced a solid green circle to indicate that drivers can only continue forward. They also replaced a sign that allowed turns only on a green arrow with a “No Turn on Red” sign. These changes are designed to protect bicyclists riding in the bike lane on the left side of Second Avenue.
  • New Mom Killed in Seattle Bike Accident

    Hardwick & Pendergast, P.S.
    10 Sep 2014 | 4:13 pm
    A 31-year-old female bicyclist suffered fatal injuries in a Seattle car accident while riding in the bike lane. According to a news report in The Seattle Times, the fatal bicycle accident occurred along Second Avenue in downtown Seattle. Officials say she was traveling to work in the bike lane when a truck made a left turn and struck her. She died at the scene of the crash. Officials are investigating the cause of this collision. This particular accident took place on a one-way street where the bike lane is on the left side. According to The Seattle Times, the city already has scheduled plans…
  • Locals Remember the Pedestrian Killed on First Hill

    Hardwick & Pendergast, P.S.
    18 Aug 2014 | 3:05 pm
    On the morning of August 13, 2014, friends of a Seattle woman who was killed in a pedestrian accident took to the streets to walk in her honor. According to a Seattle Times news report, the fatal car accident occurred at the intersection of Eighth Avenue and James Street on First Hill. Officials say the driver behind the wheel of the garbage truck did not know initially that he hit the woman. The 42-year-old pedestrian was killed and her body was dragged about 150 feet. The driver has not faced hit-and-run charges because he did not knowingly leave the scene of the crash. According to a news…
  • A Tricky Weekend for Seattle Drivers

    Hardwick & Pendergast, P.S.
    13 Aug 2014 | 10:31 am
    Speeding motorists and rollover accidents kept King County troopers busy the weekend of Aug. 2. According to KOMO News, there were five rollover accidents in King County and 42 speeding tickets issued that weekend. Officials say one 18-year-old driver was arrested for vehicular assault after rolling his SUV on Northbound I-5 with five young men inside. In another accident, six people were injured when a vehicle traveling at speeds up to 90 mph crashed into the guardrail. Local law enforcement aided victims of three other rollovers and caught 42 drivers within three hours who were speeding…
  • Seattle Rollover Accident Causes Critical Injuries

    Hardwick & Pendergast, P.S.
    5 Aug 2014 | 3:56 pm
    A driver and passenger were seriously injured in a Seattle car accident involving a vehicle rollover. According to a KOMO news report, the rollover accident occurred on northbound Interstate 5 in South Seattle. Officials say the driver and passenger were ejected when the vehicle went high up on an embankment near the freeway and flipped. Both injured victims sustained critical injuries and were rushed to Harborview Medical Center. Rollover accidents often result in serious injuries or death. In fact, rollovers result in fatal injuries much more often than other types of accidents. According…
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    Farah and Farah Legal Blog

  • Waving for Safety in Fort Lauderdale, Florida

    Farah & Farah
    15 Sep 2014 | 12:03 pm
    The city of Fort Lauderdale is trying an experiment when it comes to augmenting the safety of pedestrians who attempt to cross Los Olas Boulevard in its entertainment district. The city is providing neon flags that pedestrians can wave while crossing in the crosswalk. The idea, says a spokeswoman for the city, is to make pedestrians more visible as they make their way across the boulevard. “The reasoning behind the process is to elevate public safety, make pedestrians visible at an intersection that is not signalized,” the spokeswoman told the Miami Herald. The concept behind this program…
  • Two Arrested in St. John County Meth Bust

    Farah & Farah
    8 Sep 2014 | 12:34 pm
    The St. John’s Sheriff’s deputies have arrested a 25-year-old man and a 22-year-old woman and accused them of dealing methamphetamine from their St. John’s County home. A spokesman for the Sheriff’s Office said that it received an anonymous tip that suspicious activity was going on in a home in the 1000 block of Cherry Tree Road. When members of a SWAT team stormed a trailer on the property, they allegedly found a meth lab and over 9.4 ounces of methamphetamine. The couple has been charged with trafficking meth, possession of drug paraphernalia and maintaining a drug dwelling.
  • Serious Complication Rates of Giving Birth on Par With Heart Surgery in the U.S.

    Farah & Farah
    25 Aug 2014 | 5:33 am
    A recent study published in Health Affairs suggests that giving birth in U.S. hospitals may be a more dangerous proposition than was previously thought. According to the study, some 13 percent of women, or about 550,000, suffer serious bleeding, infections, blood clots and other serious complications each year. That puts complication rates during childbirth at about the same rate as complications following heart surgery. And the rates of those injuries vary from hospital to hospital. The study found that 23 percent of women who delivered vaginally experienced complications in the lowest…
  • Has ‘Stand Your Ground’ Laws Brought Down Homicide Rates?

    Farah & Farah
    18 Aug 2014 | 9:57 am
    A preliminary report released by the American Bar Association (ABA) indicates that states, like Florida, that have “Stand Your Ground” laws are actually seeing an increase in homicide rates. Thirty-three states have enacted “Stand Your Ground” laws in the last ten years. Before Stand Your Ground laws were enacted, most states followed the traditional common law self-defense rule, which imposed a duty to retreat (if retreat was possible) before using force in self-defense. The ABA’s National Task Force on Stand Your Ground Laws found that states where individuals are immune from…
  • Woman Falsely Arrested Twice Receives $67,000 Settlement From Clay County Sheriff’s Office

    Farah & Farah
    11 Aug 2014 | 2:16 pm
    The Clay County Sheriff’s Office has reached a $67,000 settlement with a woman who was falsely arrested twice in the span of four months. According to the Florida Times–Union, the woman was arrested for grand theft and later on a charge of writing bad checks because deputies had mistaken her for a woman with a similar name. The woman spent a total of five weeks in jail due to the false arrests; four weeks for the grand theft charge and one week for the check writing charge. The real perpetrator later pleaded guilty to the charges and was given credit for served time. She served a total of…
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    Pennsylvania Family Law Blog

  • Do Grandparents Have the Right to Child Custody in Pennsylvania?

    Philadelphia Divorce Attorney
    15 Sep 2014 | 6:28 am
    Many Pennsylvania grandparents play a significant role in the lives of their grandchildren. Some are primary caretakers and many have regular contact with their grandchildren including long visits and holiday celebrations. During a divorce, the parents will have to negotiate custody rights and their terms may not include rights for the grandparents. It is important in these types of situations for grandparents to learn about their legal rights and options. The Child Custody Act went into effect in Pennsylvania in 2011. It allows grandparents to file for custody of a grandchild. For a…
  • How An Attorney Can Help You Navigate a High-Asset Divorce

    Philadelphia Divorce Attorney
    8 Sep 2014 | 9:11 am
    No divorce is easy. A high-asset divorce is even more complicated than a standard divorce. Because the spouses in a high-asset divorce have retirement accounts, substantial investments, family businesses and other items they’ve acquired and worked on together, the help of an attorney who specializes in high-asset divorce questions is invaluable when the time comes to separate. How can an attorney become your best ally in a high-asset divorce? Your attorney knows business as well as divorce law. Choosing an attorney who specializes in high-asset divorce means choosing someone who understands…
  • Enforcing Divorce Agreements in Pennsylvania

    Philadelphia Divorce Attorney
    2 Sep 2014 | 9:38 am
    A divorce agreement sets in place child support, alimony, child custody and even the division of property. Even when both spouses are willing to negotiate, there are still a number of conflicts that may arise when finalizing the details of an agreement. Once the divorce is settled and the agreements are signed, it is important that they are followed. If your ex is failing to live up to his or her side of the agreement, you should act quickly to protect your rights. The first step you can take is to contact the family court to inform them that your ex is not following the terms of the…
  • Understanding High-End Divorce

    Philadelphia Divorce Attorney
    11 Aug 2014 | 1:48 pm
    One of the biggest challenges of any divorce is the division of assets. This stressful process can become even more complex when one or both parties have high net worth and significant assets. If you are involved in a high-end divorce, you will need an experienced Pennsylvania divorce attorney with an exceptional understanding of tax and finance law to protect your assets and best interests. Even the most amicable of separations can become antagonistic when property and high-value assets are involved. It is common for arguments to occur when discussing the division of real estate, bonuses,…
  • Working With a Pennsylvania Attorney to Plan in a High-Asset Divorce

    Philadelphia Divorce Attorney
    4 Aug 2014 | 2:35 pm
    If you are considering a divorce, then you are already keenly aware of the emotional stakes. But a divorce is also a financial arrangement – and this is never truer than when the spouses seek to divide a high-asset estate between them. By working with an experienced Pennsylvania divorce attorney who understands high-asset divorce issues, you can protect your financial health as well as your legal rights. One place to start is to work with your attorney to create a specific, proactive plan for dealing with your divorce. A lack of planning puts you on the defensive, in a “reactive” stance…
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    About Florida Lawyers & Attorneys

  • Seminole Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    16 Sep 2014 | 5:38 am
    The Best Seminole Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Seminole Florida Criminal Defense Lawyer in Florida can be found by visiting Whenever you are searching for the Best law firm in Seminole, FL that will dedicate you the best service then look no farther than the Law Offices of Seminole Florida. Whenever you totally ought to win your case, the Seminole Florida Law Offices are the ones to contact. These lawyers have a big track record of victories under their belt and are sure to produce the best…
  • Blackstone Mother In Prison Treatment Unit, Lawyer Says – WBUR

    Lawyer - Google News
    16 Sep 2014 | 4:28 am
    Blackstone Mother In Prison Treatment Unit, Lawyer SaysWBURBOSTON — The lawyer for a Massachusetts woman arrested after the bodies of three infants were found in a squalid, vermin-infested home says his client is in a prison treatment unit for women who could pose a danger to themselves. Erika Murray has …Lawyer: Secret children, living and dead, hidden by squalor for yearsGood4UtahLawyer: Erika Murray, mom in infants case in prison unitWCVB Bostonall 166 news articles »
  • Lake Butler Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    16 Sep 2014 | 1:24 am
    The Best Lake Butler Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Lake Butler Florida Criminal Defense Lawyer in Florida can be found by visiting The Law Firm of Lake Butler Florida are by far the best law firms since they get the better results time and time again. If you are in a bind and want help, everyone agrees that these Law Firm are the ones to have on your team. You will feel safer knowing that you get the legal authority and expertise of the Lake Butler Florida law firm behind you, no matter how…
  • Oldsmar Florida Criminal Defense Lawyer

    Florida's Top Rated Attorney
    15 Sep 2014 | 10:21 pm
    The Best Oldsmar Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Oldsmar Florida Criminal Defense Lawyer in Florida can be found by visiting The Best Oldsmar, FL Criminal Defense Legal Team, The Law Offices of Oldsmar Florida, is confirmed to be one of the top ranked Florida Criminal Defense Legal Offices for good sense: they get the affair done. When you are in a lot of trouble and call for help, everyone agrees that these Law Firm are the ones to have on your side. You will feel safer knowing that you own the…
  • Challenging the Privacy of Statements Made During Jury Deliberations – New York Times

    Florida Jury - Google News
    15 Sep 2014 | 9:29 pm
    Challenging the Privacy of Statements Made During Jury DeliberationsNew York TimesThe Supreme Court has been quite reluctant to consider evidence from inside the jury room. In 1987, it refused to intercede when it emerged that jurors in a mail fraud trial in Florida had treated their responsibilities as “one big party” featuring …
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    PA Law Blogs

  • Ethicon’s Failure to Warn on Morcellation Cancer Risks

    Anapol Schwartz
    9 Sep 2014 | 7:28 am
    Women who were diagnosed with cancer after a hysterectomy are angry they were not informed about the risks associated with morcellation hysterectomies. Many have filed morecellation lawsuits to seek justice as a result. Laparoscopic power morcellators were introduced in 1993 for hysterectomies and uterine fibroid removal procedures called myomectomies.  Many doctors believed this innovative device that chops the uterus into tiny fragments would make hysterectomies safer and easier.  That was not always the case. Hooman Noorchashm, MD, PhD, launched a campaign to ban morcellators in 2013…
  • Most Dangerous Road in America is in Pennsylvania

    Anapol Schwartz
    5 Sep 2014 | 8:29 am
    The most dangerous intersection in America is here in Pennsylvania, according to the National Highway Traffic Safety Administration (NHTSA). TIME magazine compiled data on the number of fatal auto accidents that occurred within 150 feet of each other from 2003 to 2012. Researchers found that the intersection of Street Road and Knights Road in Bensalem, Bucks County was the most dangerous intersection in Pennsylvania with seven fatal car accidents during a 10 year period. During the two years leading up to the audit, there were 144 auto accidents at the Pennsylvania intersection.  NHTSA…
  • Anapol Schwartz Attorney Joel Feldman’s Teen Distracted Driving Prevention Campaign Featured in GHSA Report

    PA Law Blogs
    2 Sep 2014 | 9:53 am
    The Governor’s Highway Safety Association (GHSA) just released “Distracted & Dangerous – Helping States Keep Teens Focused on the Road.” This report highlights teen distracted driving research and the seriousness of the teen distracted driving problem, and it also summarizes applicable legislative and enforcement efforts. The report also describes a number of innovative educational programs from across the country that are showing promise in reducing distracted driving crashes. One of the programs highlighted is the End Distracted Driving ( Student Awareness…
  • Risperdal Lawsuits Allege J&J Failed to Warn about Risks of Gynecomastia

    Anapol Schwartz
    28 Aug 2014 | 12:18 pm
    More than 600 Risperdal lawsuits are pending in Pennsylvania, according to court documents. Hundreds of men and boys are blaming Johnson and Johnson (J&J) for failing to warn of the risk of gynecomastia associated with Risperdal. Gynecomastia is the development of excessive breast tissue in males. Patients with elevated levels of prolactin in their blood are at risk for gynecomastia, and J&J knew Risperdal could cause an increase in prolactin levels in children, according the U.S Department of Justice.  Still, the company chose to aggressively market the drug as safe for that…
  • Compensation for Victims Who Suffered Transverse Myelitis after a Vaccine

    Anapol Schwartz
    21 Aug 2014 | 7:59 am
    Vaccine injury victims who suffer transverse myelitis after a vaccine can be left with debilitating injuries that may never go away. This serious vaccine reaction is no one’s fault, but it can leave victims and their family with serious emotional, physical and financial stress. Transverse myelitis is a neurological disorder caused by inflammation of the spinal cord. The condition develops unexpectedly but can leave permanent debilitating damage. Transverse myelitis can start out as lower back pain or muscle weakness and can quickly progress to paralysis, urinary retention and loss of bowel…
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    IMC Law Group

  • How To Avoid Bank Levies

    15 Sep 2014 | 8:42 am
    by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. When You Are At Risk of a Bank Levy In order to be at risk for a bank levy on a consumer debt, a Judgment must be entered against you. A Judgment is entered against you after the conclusion of a lawsuit on the debt brought in Superior Court in New Jersey. Due Process does still exist, so you must be sued on the debt, receive proper notice of the suit, have time to respond, and of course, have your day in court. Remember, the bottom line is, is this your debt? Did you already pay it off? Can you afford to pay it off? If you…
  • Stop a Wage Garnishment

    15 Sep 2014 | 8:29 am
    by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. Statistics on Wage Garnishments and How to Stop a Wage Garnishment This morning, Marketplace on National Public Radio ran a piece on wage garnishments for debts where a judgment has been entered. A link to the report is below. 1 in 10 working individuals between the ages of 35-44 are having their wages garnished. Many of my clients have had more than one wage garnishment before seeking my assistance. Wage garnishments do not just magically happen. First, you have to be sued by a creditor on an unpaid debt in Superior Court.
  • Wells Fargo

    27 Aug 2014 | 2:26 pm
    by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. If Wells Fargo is Your Bank, Move Your Accounts Before Filing for Bankruptcy If you are contemplating filing for bankruptcy, are filing for bankruptcy, or simply want to preserve your rights as a consumer, move all of your accounts from Wells Fargo to another bank. When a bankruptcy is filed, Wells Fargo will place a hold on all of your bank accounts whether or not you owe Wells Fargo money on a credit card or have a Wells Fargo home mortgage. Every night, Wells Fargo runs a computer program that compares all newly filed…
  • Modify Your Countrywide Home Mortgage

    27 Aug 2014 | 2:24 pm
    by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. I was the victim of a Countrywide loan. I got a bad mortgage. I was caught up with Countrywide. I hear these statements and similar sentiments every day in the office. As of August 22, 2014, an historical settlement was entered into between Bank of America and the federal government. This settlement provides $7,000,000,000 in relief. Yes, you heard that correctly, 7 Billion Dollars!! to homeowners who had mortgages at anytime with Countrywide. The relief will come in the form of long term mortgage modifications with…
  • An amazing mortgage modification

    25 Aug 2014 | 3:48 pm
    Mortgage Modification by: Jonathan Goldsmith Cohen Be sure to visit our Google Plus Page. Ready for an amazing mortgage modification? An historic settlement with Bank of America announced on August 21, 2014 provides for seven billion dollars of relief to homeowners with loans currently held by Bank of America. This relief is going to come in the form of unbelievable loan modifications with incredibly low interest rates (how does a 2% fixed interest rate for the remainder of your loan term sound?) and principal reductions! FREE Mortgage Modification Consultation – CLICK HERE NOW!!! Get…
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    New York Business Lawyer Blog

  • Cybersecurity Alphabet Soup: The CDC, FTC, R-CISC, and RILA. What's The Best Way To Protect Your Customers' Data?

    2 Sep 2014 | 2:23 am
    There was an interesting article in, the magazine, recently that put a new twist on an old topic: What's the best way to make sure the internet, and all of the information that travels on it every day, is safe? How do you really make cybersecurity, secure? After all, the safer the information, the more secure people will feel, and the use of the web, for everything from e-commerce to portable electronic healthcare records, will grow. The flip-side is just as true: the more hacks, hackers and data-breaches, the slower the pace of progress. The good will be harder to come by if the…
  • Old Cases, Same Rule: Experts' Affidavits In Opposition To Motions For Summary Judgement In New York.

    21 Aug 2014 | 10:12 pm
    We spent our last entry talking about when a trial court faced with a motion for summary judgement can consider an affidavit from an expert even though the expert was not disclosed until after the Note of Issue and Certificate of Readiness were filed. The answer, more often than not, at least in the Appellate Division, Second Department in New York: When the expert makes a difference by establishing the existence of a material issue of triable fact. See Rivers v. Birnbaum, 102 A.D.3d 26, 953 N.Y.S.2d 232 (2nd Dept. 2012), and Begley v. City of New York, 111 A.D.3d 5, 972 N.Y.S.2d 48, 72 (2nd…
  • What a Difference a Triable Issue of Fact Can Make: The Use of Experts to Oppose Motions for Summary Judgement in New York, Revisited.

    20 Aug 2014 | 4:57 pm
    It has been some time since we last spoke about the use of experts to oppose motions for summary judgement in New York. The topic, however, is still relevant. Some continue to believe there is a hard and fast rule, at least in the Appellate Division, Second Department, which forbids a trial court from considering an affidavit from an expert unless the party offering the expert's affidavit served full expert's disclosure pursuant to CPLR 3101(d)(1) prior to the filing of the Note of Issue and Certificate of Readiness or at least moved to vacate the Note of Issue and Certificate of Readiness if…
  • How Learning About Play Can Help You Pick A Jury

    8 Aug 2014 | 10:17 am
    Have you ever wanted to do absolutely nothing: nothing real, nothing hard, nothing serious, at least not for a little while? Maybe lie down on the beach, read a good book, go play a round of miniature golf with your family and friends? Just be a little silly, just a little? Remember when you were a kid, when you had the summer to yourself, to do what you wanted when you wanted with whoever you wanted? Just go find some friends and play: a game of basketball, or stickball, or maybe a game of manhunt; whatever you and your friends decided to do, however you agreed to do it. You and your friends…
  • Cybersecurity Update: Hackers' Gains, Target's Losses, and E-Commerce

    6 Aug 2014 | 1:22 pm
    There are a few recent news stories that business owners, fraud investigators, and consumers should be aware of. Though not necessarily related, they point out the ever-growing need to protect digital information and the consequences for those who do not. Cybersecurity, it seems, is something that will affect everyone, eventually. The topic of the first story, unfortunately, is common; the numbers, thankfully, are not, though we should all hope they stay that way. According to an article by Danny Yidron in the Wall Street Journal, which was last updated at 2043 hrs Eastern Time on August 5,…
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    GTH Energy & Natural Resources Law Blog

  • Regulators Revolve: FERC Says Hello to Honorable, Ciao to Norris

    12 Sep 2014 | 3:34 pm
    Earlier this week, the White House officially nominated Collette Honorable to become the next Commissioner of the Federal Energy Regulatory Commission ("FERC"). Ms. Honorable is currently Chairman of the Arkansas Public Service Commission and President of the National Association of Regulatory Utility Commissioners. If confirmed by the U.S. Senate, Ms. Honorable would fill the term of Commissioner John Norris, who left FERC in August to become minister-counseler for the U.S. Department of Agriculture at the U.S. Embassy in Rome. Ms. Honorable would serve the remaining three years of…
  • Latest Round in PURPA Wars: Fifth Circuit Upholds Texas Rule Limiting PURPA Rights of Wind Generators

    11 Sep 2014 | 11:28 am
    Earlier this week, the United States Court of Appeals for the Fifth Circuit issued the latest salvo in the PURPA wind wars, this time handing wind producers a painful defeat. The Fifth Circuit's opinion upholds a rule issued by the Public Utility Commission of Texas ("PUCT") preventing non-firm resources from forming Legally Enforceable Obligations under PURPA. If the Fifth Circuit opinion stands, it could limit the ability of wind producers to obtain access to electricity markets under PURPA (the Public Utility Regulatory Policies Act), a 1978 law aimed at allowing small independent and…
  • Join GTH at the Washington Future Energy Conference

    9 Sep 2014 | 6:11 pm
    Please join us at the Washington Future Energy Conference on November 5. Gordon Thomas Honeywell is proud to be a major sponsor of this event. Now in its fifth year, the Future Energy Conference brings together energy innovators, utilities, scientists, investors, and many others to discuss the future of the energy industry in our state. Speakers include GTH partner Eric Christensen, who will moderate a panel discussing the electrification of Washington's transportation system. The panel will include Steve Marshall of the Center for Advanced Transportation and Energy Solutions, Charles…
  • Pot and Power: Power Planning Council Estimates Demand Growth and Conservation Potential

    9 Sep 2014 | 9:52 am
    As Washington's experiment in legalization of recreational marijuana use moves gradually toward full implementation, the consequences for Washington's utilities are begining to come into focus. Confirming more general studies we've discussed previously, the Northwest Power & Conservation Council ("NPCC") this week will be discussing a staff report that quantifies the range of increases in electric consumption that may arise from marijuana legalization in Washington, as well as other Northwest states that may follow Washington's lead. Consistent with other studies, the NPCC study recognizes…
  • U.S. Appeals Court Concludes FERC Lacks Authority to Fine Federal Entities for Reliability Violations

    22 Aug 2014 | 4:26 pm
    In a ruling that could have far-reaching implications for the electric reliability here in the Pacific Northwest, the U.S. Court of Appeals for the District of Columbia Circuit today found that the Federal Power Act does not authorize the Southwest Power Administration ("SWPA") to pay fines for admitted violations of mandatory electric reliability standards. The decision turns on the doctrine of sovereign immunity. In its modern form, the doctrine bars federal government liability unless Congress provides a clearly-expressed statutory waiver of sovereign immunity. Today's decision applies…
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    SEC Lawyers Blog

  • Sonn|Erez and Aldarondo & Lopéz Bras File Claim Against UBS For Widow, Elderly Mother, and Disabled Relative With More Than $1 Million in Losses Related to Puerto Rico Debt and Puerto Rico-Focused UBS Bonds

    13 Sep 2014 | 10:34 am
    Sonn|Erez and Aldarondo & Lopéz Bras recently filed a claim against UBS Financial Services, Inc. and UBS Financial Services Inc. of Puerto Rico ("UBS") on behalf of a 68-year-old widow, her 102-year-old mother, and her 59-year-old disabled sister-in-law. The women entrusted virtually all of their liquid assets to UBS, whose financial advisors recommended a dangerous and unsuitable concentration of high risk Puerto Rico debt and Puerto Rico-focused UBS bonds, according to the Statement of Claim. UBS and its financial advisors allegedly compounded the situation by recommending a margin loan…
  • FINRA Warns Investors to Proceed with Caution Regarding "Frontier Funds"

    12 Sep 2014 | 2:53 pm
    FINRA recently issued an Investor Alert, "Frontier Funds: Travel with Caution." In the Alert, FINRA explains that "frontier funds" are those which invest in securities of companies in countries with developing markets, such as Argentina, Lebanon, Nigeria, Slovenia, and Vietnam. FINRA is concerned that frontier funds are piquing investor interest as a way to diversify assets beyond the established international and more developed emerging markets and with the possibility of potential gains. Investing in frontier markets, however, entails heightened risks. Frontier economies tend to be smaller,…
  • Sonn|Erez Investigating Claims Involving Ann Maria Ferrao

    3 Sep 2014 | 6:27 am
    Sonn|Erez is investigating claims regarding Ann Maria Ferrao (CRD #4481123, Miami, Florida). Ferrao recently entered into a Letter of Acceptance, Waiver, and Consent ("AWC") in which she was barred from association with any FINRA member in any capacity. See FINRA Case #2014040438401. Ferrao was registered with HSBC Securities (USA), Inc., from July 2005 until March 2014. FINRA found that Ferrao consented to the sanction and to the entry of findings that she refused to appear and provide FINRA-requested testimony during the course of an investigation into allegations that she misappropriated…
  • Sonn|Erez Investigating Claims Involving Former Edward Jones Broker Richard Andrew Christensen Jr.

    27 Aug 2014 | 6:23 am
    Sonn|Erez is investigating claims regarding Richard Andrew Christensen Jr.(CRD #875932, St. Charles, Missouri). Christensen recently entered into a Letter of Acceptance, Waiver, and Consent ("AWC") in which he was fined $10,000 and suspended from association with any FINRA member in any capacity for a month. See FINRA Case #2012032790401. Christensen was registered with Edward Jones from September 1976 until July 2012. During its investigation, FINRA found that Christensen failed to provide his firm with prior written notice of his participation in private securities transactions, and failed…
  • Sonn|Erez Investigating Claims Involving Michael Wurdinger and GWG Renewable Secured Debentures

    22 Aug 2014 | 11:28 am
    Sonn|Erez is investigating claims regarding Michael John Wurdinger (CRD #4926912, St. Louis, Missouri), also known as Mike Wurdinger. Wurdinger recently entered into a Letter of Acceptance, Waiver, and Consent ("AWC") in which he was suspended from association with any FINRA member in any principal capacity for six months and required to requalify by examination before acting in any principal capacity after the suspension. See FINRA Case #2012034936001. The suspension is in effect from June 16, 2014, through December 15, 2014. FINRA found that from approximately February 2012 through February…
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    Broward Injury Lawyer Blog

  • Challenging Florida Auto Insurance Step-Down Provisions

    5 Sep 2014 | 11:14 am
    One of the many ways car insurance companies seek to limit the amount they have to pay in claims is with fine print that includes so-called "step-down provisions." These are clauses that limit the amount of money available to be paid in certain circumstances. While the language may vary from policy to policy, in a family step-down provision, the insurance company will limit the amount payable to the insured's family members. These would be individuals who would otherwise be covered, but because of their familial relationship to the policy holder, can only receive the state's statutory minimum…
  • Fort Lauderdale Injury Lawyers: Safe Labor Day Travel 2014

    28 Aug 2014 | 10:27 am
    The long Labor Day weekend is synonymous with outdoor barbeques, beaches, boats - and an uptick in fatalities attributed to drunken driving and impaired boating. Without fail, our Fort Lauderdale car accident lawyers have noted there are always revelers who will take it too far. We might expect a higher-than-usual number of injuries and fatalities, given the reduced price of gasoline this summer. That means more people will be taking longer trips, and boaters will be out on the water for longer. As they have always done this time of year, law enforcement will be heavily patrolling the…
  • Carman v. Tinkes - Comparative Fault Can Harm a Personal Injury Case

    25 Aug 2014 | 8:37 am
    In personal injury cases, plaintiff's degree of fault in the incident can impact the size of damages awarded and, in some states, preclude an injured party from receiving anything at all. Our Fort Lauderdale car accident lawyers know Florida follows the pure comparative negligence model. It's one of the models that most favors injured parties, and holds that even when a plaintiff is at fault to some degree, he or she can still recover damages, minus the degree of fault. So if the defendant driver is found to be 65 percent at fault for the crash and the plaintiff 35 percent, the plaintiff will…
  • Child School Injuries a Concern as Classes Resume

    8 Aug 2014 | 12:19 pm
    A Florida mother has filed a lawsuit against her daughter's former charter school as well as the maker of an inflatable "Sumo wrestling" suit, alleging that a "Spirit Day" activity went horribly wrong when the school failed to make sure the girl's helmet fit properly, and the manufacturer failed to warn of possible danger. As a result, her family said the girl's head hit the ground repeatedly, causing her to suffer traumatic brain injury that has resulted in dramatic personality changes, regression in the ability to communicate, blurred vision, headaches and severe anxiety. Our Fort…
  • Compulsory Medical Exams at Issue in Florida Personal Injury Cases

    1 Aug 2014 | 10:03 am
    In many Florida personal injury cases, either side may request a plaintiff undergo a compulsory medical exam. This is a medical exam conducted to establish or refute arguments made by the opposing side. Our Fort Lauderdale personal injury lawyers know that while courts often grant these requests, they are not permitted to do so unless good cause has been shown and the parameters are clearly outlined. The exam has to involve a matter that is "in controversy" in the case. That is, it involves a key point that is critical to the requesting side's position. This issue was recently before two…
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    Marketing Attorney Blog

  • Peak Season for Law Firm Marketing & Business Development Is Here; Hurry before the Thanksgiving Lull hits!

    8 Sep 2014 | 12:05 pm
    It was a joyous day on my work calendar after Labor Day when the kids went back to school. The camp bus pickup at 9 am is replaced by the school bus pickup at 7:25 am. Extended day at school moves the "end of day" from 4 pm to 6 pm. The sunscreen, towels and related daily chores are replaced by much simpler tasks. And while family vacations are nice, they are not exactly relaxing. Many of those work trips are far less stressful. While summer time is fun, the reality is that a lot of business and work hits the back burners after Memorial Day. If there is one thing I learned when I started…
  • LP Magazine - Age over Beauty? Marketing a Law Firm's Anniversary

    14 Jul 2014 | 8:21 am
    In the July/August 2014 issue of the ABA's Law Practice magazine, I address the always-sensitive subject of age. In this case, it is about the marketing value of a law firms' years. It is yet another subject that seems to present itself to me with clients a few times every year. How young is too young? And how old is too old? And is there value in touting age--and more specifically--an anniversary to clients and prospects? Many law firms have taken anniversaries--literally as short as the one year mark and as long as 200 years--and looked to make them into marketable events. In some cases…
  • WMT: The Price You Pay for the Right Domain Name

    11 Jul 2014 | 7:59 am
    Among the very first law firm websites I ever worked on was My six year old son accesses the site every morning on his iPad before heading to school or camp to check scores and watch video highlights of last nights' major league baseball action. Of course, that does not sound like a law firm website, does it? No, it is Major League Baseball (MLB). But in the late 90s, took you to the website of one of the nation's largest law firms--Morgan, Lewis & Bockius. Morgan Lewis' IT people were certainly on their game when they beat baseball to the punch and acquired the…
  • Lily Buchdahl Provides The Weather on Fox 29 Philadelphia

    13 Jun 2014 | 1:07 pm
    For some attorneys, there is nothing more nerve-wracking than appearing on television. For my 10 year old daughter, Lily, it is one thing to say you want to be on TV and another to experience it. As part of a charity auction, Lily's Mom and I purchased the opportunity for her to do the weather forecast on the local Fox television station's morning show, Good Day. We knew someone besides Lily was on the morning show as well, since the paparazzi were not outside waiting on me (I don't think). In the green room (which was much sparser than one might imagine) we met a few of the other guests.
  • LinkedOut and MisTweeted: Ethical Uses of Social Networking in Marketing Your Law Practice

    22 Apr 2014 | 8:40 pm
    It is hard to believe that I've been teaching the "advertising/marketing" ethics hour for the Pennsylvania Bar Institute for more than a decade now. But what makes it particularly interesting is that my space (pun intended, if you get it) keeps changing with such rapid fire imprecision that it really never gets old. This year I return to the theme of social networking ethics. I could say I'm repeating my program from 2010, but very little is the same. I looked back into my PowerPoint slides to find my first discussion of advertising and social media taking place in 2003. This makes me sound…
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    Dallas Divorce Law Blog

  • Rule 11 agreements are revocable before judgment is rendered

    Michelle O'Neil
    15 Sep 2014 | 7:56 am
    A point of confusion for many in the family law context is the viability of a rule 11 agreement to settle an issue or a whole case. Rule 11 of the Texas Rules of Civil Procedure provides that an agreement between lawyers in a case is enforceable as long as the agreement is in writing and filed in the papers of the court or read into the record of the court.  However, rule 11 agreements are revocable at any time until judgment is rendered. A court may not enter an order upon a rule 11 agreement when one of the parties to the agreement has revoked his or her consent. The recent case of…
  • UPDATE: Judge Posner says it all on same-sex marriage equality (Chicago's 7th Circuit Federal Court of Appeals)

    Michelle O'Neil
    9 Sep 2014 | 7:23 am
    On Thursday last week (September 4, 2014), the infamous Judge Richard Posner, writing for the 7th Circuit Federal Court of Appeals, known for being one of the leading "legal thinkers" in America and the number one most cited legal scholar, issued a witty, biting, deeply moral masterpiece striking down Indiana's and Wisconsin's gay marriage bans. This is an opinion that the Supreme Court of the United States, and maybe even some other, more conservative jurists will listen to! Maybe the Texas Supreme Court is reading this opinion right now and thinking about deciding the Texas state…
  • Social Security as a Division Factor in Divorce

    Michelle O'Neil
    2 Sep 2014 | 7:27 am
    With the aging of the Baby Boomer generation and the increase in "gray divorces" that we are seeing in the Dallas, Texas area, I am more frequently being asked about the effect of social security benefits in divorces. Social security benefits are not a divisible asset upon divorce. But, Jimmy Verner reports in the Section Report newsletter of the State Bar of Texas Family Law Section on two recent cases from other states where a disparity in social security benefits was considered in the overall division of the assets of the marital estate. In Vermont, a court of appeals held that…
  • Bank accounts and brokerage accounts are not the same in a premarital agreement

    Michelle O'Neil
    26 Aug 2014 | 7:14 am
    The Houston 14th Court recently handed down a decision regarding the characterization of assets in a premarital agreement, distinguishing between a "bank" account and a "brokerage" account in determining the characterization of certain assets.  IMOMO McNelly, __SW3d__, No. 14-13-00281-CV,  (Tex. App.—Houston [14th Dist.], no pet. h.) (05/15/2014). Prior to Husband and Wife’s marriage, Husband owned and operated a business. Husband and Wife executed a premarital agreement in July 2008. The premarital agreement provided that…
  • August 2014 Dallas Divorce News Newsletter

    Michelle O'Neil
    25 Aug 2014 | 8:06 am
    Michelle May O'Neil, a Dallas divorce attorney and Shareholder at Godwin Lewis PC, publishes a monthly newsletter.  Here is the August 2014 edition.  
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    Massachusetts Drug Injury Lawyers Blog

  • Xarelto Injury Lawsuits Sue Bayer and Johnson & Johnson

    15 Sep 2014 | 1:46 pm
    Plaintiffs are starting to file claims seeking dangerous drug damages for injuries they sustained from using Xarelto, a blood thinner. Bayer and Johnson & Johnson/Janssen Pharmaceuticals, which jointly market the drug, are the defendants. According to the Xarelto injury lawsuits, users are experiencing internal bleeding so severe that they have been hospitalized. They believe that the companies are continuing to sell the drugs despite the health risks, of which they are neglecting to notify the public. Xarelto, unlike blood thinner warfarin (brand names Comadin, Marevan, Jantoven, and…
  • Boston Scientific Must Pay $73M Vaginal Mesh Injury Verdict

    10 Sep 2014 | 6:31 pm
    Jurors have ordered Boston Scientific Corp. to pay Martha Salazar $73 million for injuries she sustained from the Obtryx sling, which is a vaginal mesh implant. This is the first defective medical device award against the company over its incontinence slings. (The Massachusetts-based device maker won the first two cases to go to trial over the Obtryx sling.) It is facing over 23,000 more transvaginal mesh implant lawsuits. Salazar, 42, was implanted with the Obtryx sling in 2010 after she began to experience urinary leakage. She claims the medical device eroded in her body and that this has…
  • C.R. Bard, Boston Scientific Pelvic Mesh Cases Get Court Rulings

    26 Aug 2014 | 12:05 pm
    A federal judge has issued a ruling in a pelvic mesh injury case against manufacturer C.R. Bard from a plaintiff whose injuries occurred nearly two decades ago. Judge Joel H. Slomsky upheld the woman’s negligent manufacturing and failure to warn claims while dismissing other allegations, including those contending that the medical device had a manufacturing defect. Slomsky said that even if certain products cannot be made safe, this does not automatically mean they were made defective. C.R. Bard had sought to have the entire products liability case dismissed. The plaintiff underwent surgery…
  • More Zoloft Drug Injury Lawsuits

    12 Aug 2014 | 1:21 pm
    Plaintiffs recently filed at least 13 Zoloft injury lawsuits against Pfizer Inc. The women claim that their babies were born with birth defects caused from taking Zoloft. They say that doctors prescribed the antidepressant, which they took while they were pregnant. The plaintiffs believe that the drug maker either knew that Zoloft cause the birth defects or if not then they should have been aware that it did. They contend that the drug maker should have notified them about the serious risks to their children. The women are claiming that Zoloft is defective, dangerous, doesn’t come with the…
  • New Studies Reveal Serious Side Effects of Cholesterol Drug

    24 Jul 2014 | 10:59 am
    High cholesterol is one of the most common medical conditions for patients in the United States, and the market for medication to treat the condition is a multibillion dollar industry. Many doctors attribute at least part of the uptick in high cholesterol, or hypercholesterolemia, to poor diet and nutrition, alcohol consumption, and family genetics. The supersized diet popular in the United States has led to a marked increase in high cholesterol cases which, left untreated could result in cholesterol deposits in major arteries, ultimately leading to heart attack and stroke. The Center for…
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    New York Real Estate Lawyers Blog

  • Estate Proceedings for Property Located "Elsewhere"

    12 Sep 2014 | 7:01 am
    People are leading increasingly complicated lives, in that they spend their time in several locales, some of which may not be their place of residence. If a person is fortunate, they may develop an affection for a particular area and buy a second home in such area. Likewise, they may inherit a beloved family home in a location where they do not live. When such a person passes away, the disposition of all of their property, no matter where located, must be addressed. The question to be explored in this blog post is which Court has jurisdiction over which property. If a person dies with a Will,…
  • Standards for Purchasers of New York Cooperative Apartments

    5 Sep 2014 | 7:46 am
    Our readers may be familiar with a cooperative apartment building located in Manhattan by the name of River House. This building is known not only for its distinctive classic architecture and regal location, but also by its stringent admissions standards for purchasers. It has been well known throughout the New York real estate community that the River House has declined the purchase applications of numerous famous people and persons with seemingly substantial assets. This culture has resulted in apartments being listed for sale for years, because potential purchasers cannot get approved by…
  • Beware the Evil Stepmother

    11 Aug 2014 | 7:18 am
    Evil stepmothers are not only found in popular culture, as epitomized in Cinderella . Such persons are commonly the subject of events reported by the New York press. Estate conflicts often arise between children of a prior marriage and a more current spouse. Such persons inherently have potentially differing interests. The new spouse may have been attracted to the parent because of the parent's financial success. The child may be resentful that their parent has decided to remarry. For instance, Casey Kasem was a beloved radio personality whose end of life was dominated by a battle between his…
  • Elmo (and others) in Times Square: The Legal Issues

    4 Aug 2014 | 6:53 am
    In the news are stories concerning costumed characters in Times Square. For those who have not visited the center of New York City lately, individuals dressed up as Elmo, Super Mario, and Spider-Man, and others have been congregating in Times Square. They entertain tourists, and many people like to have their pictures taken with them. Unfortunately, some of these "characters" have become aggressive, demanding money from tourists for having their photos taken, and recently, "Spider-Man" has been arrested for an altercation with a New York City police officer. New York City officials are now…
  • Keeping Landlord-Tenant Disputes Under Control

    28 Jul 2014 | 6:56 am
    Recently in the news is the rather gruesome story of a woman who was murdered and dismembered. Her body parts were discovered in Nassau and Suffolk Counties. Her neighbor was arrested for her murder and is being held without bail. According to the news story, the root of the conflict between the two women appears to have been a landlord-tenant dispute. The accused murderer, Leah Cuevas, was pretending to be the landlord of the building in which the two women lived, after the actual owner passed away. Ms. Cuevas then attempted to collect the rent from the building's tenants, and when fellow…
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    Wisconsin Probate & Estate Planning Blog

  • Should I Write My Own Will?

    Attorney Daniel Krause
    2 Sep 2014 | 2:02 pm
    I’m sure you have heard this less than eloquent phrase before – “Garbage in, garbage out.” The phrase is typically used in computer programming and scientific research. Unfortunately, it also applies to the law, legal documents, and writing your own Will. What’s Wrong With Writing Your Own Estate Plan? Legally, you have the right to draft your own documents; however, that doesn’t mean you have the right to have them actually work. Do-it-yourselfers accidentally disinherit children, fail to protect assets from lawsuits, trigger probate, invite court interference, give assets…
  • Carrying on a Family Tradition: Passing the Family Farm to Future Generations

    Attorney Daniel Krause
    18 Aug 2014 | 12:20 am
    Attendees at a farm show in neighboring Minnesota heard important information about the special types of estate planning available for farmers to facilitate transferring family farms to future generations in the most advantageous way possible. Family farm owners here in Wisconsin face very similar concerns and challenges. Proper estate planning can provide key benefits not only to allow you to transfer your family farm to your loved ones, but also place them in the best position to keep the farm in the family for many generations to come. One of the primary challenges faced by family farmers…
  • Estate Planning for Your College-Bound Child

    Attorney Daniel Krause
    1 Aug 2014 | 12:44 am
    August means “back to school” time for many families. That often translates to a lot of shopping, whether it’s new clothes, new books or new computers, especially if your child is preparing to go away to college. For those families, though, their focus should be on more than just providing their children with the tools they need to succeed in class. A child’s turning 18 carries with it significant legal repercussions and, especially if that child is leaving home for college, the need for estate planning becomes very important. Estate planning may hardly sound like an…
  • Another Plus About Trusts: Federal Court Ruling Green-lights Trust’s Tax Deduction Claim

    Attorney Daniel Krause
    21 Jul 2014 | 8:47 am
    A federal tax court’s ruling in favor a trust on certain deductions that the trust claimed on its federal income tax returns highlights a potential added bonus to the use of trust planning, as the court decided that a trust could engage in the sort of active participation in a business needed to claim the business’s losses on its taxes. By refusing to foreclose trusts from claiming the losses of trust-owned business assets, the court’s ruling offers one more reason why family farmers and small businesspeople should ensure they have a proper estate plan in place that includes…
  • How Qualifying for Medicaid Will (or Won’t) Affect Your Estate Plan

    Attorney Daniel Krause
    8 Jul 2014 | 8:47 am
    For many seniors, few things are more intimidating than the thought of a required stay in a nursing home. In addition to the high degree of emotional stress that going into a nursing home entails, there’s also the scary thought of the financial repercussions. A Milwaukee Journal Sentinel article from last spring reported that the average cost of a nursing home stay in Wisconsin was more than $42,000 per year, with that number skyrocketing to almost $97,000 for a private room. One way for some people to avoid the enormous costs of a nursing home is Medicaid, but it too comes with its own…
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    San Diego Divorce Lawyer Blog

  • Court Addresses Interplay Between Juvenile and Family Courts in Custody Dispute

    9 Sep 2014 | 12:43 pm
    Divorce is difficult. When there are children involved, the process can become even more complicated and fraught with strong (often opposing) personal views as to the best interests of the children. In some cases, the juvenile court and the family court may both have reason to address a family's dispute or child custody situation. The interplay between the two courts requires a thorough understanding of each court's jurisdiction and authority to decide certain issues. If you are considering divorce, it is important to consult with an experienced San Diego family law attorney before proceeding…
  • California Court Construes Disclosure Statute in Divorce Proceeding

    2 Sep 2014 | 11:46 am
    Courts are often called upon to interpret or construe assorted statutory provisions. When an appellate court is faced with an issue of statutory construction, it is considered a question of law and subject to an independent review. In a recent case, In re Marriage of Evans, the court of appeals reviewed an issue of "first impression" in California, namely whether the Family Code should be interpreted to require the exchange of disclosure declarations before the parties enter into a pre-petition (for divorce) agreement resolving their rights to property. When an issue is of "first impression,"…
  • Spouse Seeking Attorney Fees in Divorce Must Show "Disparity" Between the Parties

    26 Aug 2014 | 9:46 am
    In many divorce cases, one spouse often earns a greater income or has easier access to financial resources than the other. For the less advantaged spouse, this can present a multitude of problems throughout the proceedings. But fortunately, California law serves to reduce the disparity in income and access to funds, at least as far as one's legal representation goes. One of the most significant steps in pursuing your case and protecting your financial rights - is to find an experienced family law attorney who is fully aware of the local laws applicable to cases brought in the San Diego area.
  • Modification of Spousal Support Requires "Material Change in Circumstances"

    19 Aug 2014 | 12:29 pm
    California law sets forth a list of factors for courts to consider when issuing an order of spousal support as part of a divorce judgment. These guidelines govern marital dissolution proceedings in San Diego courts and throughout the state. It is important for divorcing couples to understand that the amount of spousal support ordered, if any, is subject to the facts and circumstances surrounding your case. A family law attorney with extensive experience handling divorce matters would be able to give parties a good picture of what to expect at every stage of your family law case. Once a…
  • California Court May Award Attorney Fees in Divorce Cases

    12 Aug 2014 | 1:21 pm
    The California Family Code strives to create an even playing field for spouses who are going through divorce proceedings. One significant matter concerns the ability of each spouse to be represented by an attorney. In many cases, one party earns a larger income than the other and can afford to pay for legal representation, while the other may not be in a financial position to do so. The law, which applies to divorce cases in San Diego and throughout the state, provides a mechanism by which the parties will both have access to legal representation. If you are considering a divorce, the most…
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    Maritime & Cruise Ship Accident Lawyer Blog

  • Punitive Damages and Maritime Law

    Gerson & Schwartz, P.A.
    3 Sep 2014 | 6:00 am
    If you are injured at sea, you may think that regular laws that will apply to you, and your rights to recovery would be the same as if you were injured on land. In fact, this is not true at all. As our Florida cruise ship accident attorneys have discussed before in this blog, there are many nuanced differences between maritime law and state laws. One such difference has to do with punitive damages. What Are Punitive Damages? As the name suggests, punitive damages are not designed to compensate an injury victim at all—the goal of punitive damages is to punish the negligent party for…
  • Cruise Ship Medical Malpractice – Are Ships Responsible?

    Gerson & Schwartz, P.A.
    29 Aug 2014 | 10:19 am
    When you are on a cruise, you are often miles out into the ocean, far away from land. While on the cruise you may be engaging in extreme sports, eating foods you aren’t used to eating, walking on rocking floors, and being in close contact with thousands of other passengers in a closed environment. With the chances of injury or illness being high, you would think that ships were equipped with medical facilities and personnel that were prepared to deal with any kind of medical emergency. Think again. Medical Facilities on Cruises In fact, there is little regulation about what kind of medical…
  • Recovery for Injury When on a Cruise Excursion can be Difficult

    Gerson & Schwartz, P.A.
    14 Aug 2014 | 5:39 am
    We all know that if you’re injured while on a cruise, there’s a good chance that if anybody is liable for your injuries, it’s the cruise line. Inside the confines of the ship, it is the cruise line’s responsibility to make sure there’s nothing that’s going to injure you. But what about once you leave the ship, for the so-called excursions? Getting injured while on an excursion presents an entire host of difficult legal questions. The Danger of Excursions Excursions are the off-ship adventures that you take when the ship docks at a port of call. Excursions can include scuba diving,…
  • Spouses of Injured Victims Have Their Own Claims–But Maybe Not When the Injury Happens at Sea

    Gerson & Schwartz, P.A.
    4 Aug 2014 | 5:32 am
    If you sustain personal injuries, certainly your own pain, suffering, loss of income, and other damages may be recoverable against a responsible party. Often though a victim’s injuries don’t just affect them, but also the people around them, such as spouses. Spouses of injured victims may also lose vital aspects of companionship when their significant other is injured. Those losses can often be recovered by the spouse if the injury occurs in Florida, but the law is unclear whether that’s true if a victim is injured at sea. Our Florida maritime accident attorneys can help you understand…
  • International Cruise Victim Association Board Member, Philip M. Gerson Speaks to Congress at Senate Hearing in order to better enforce the Cruise Vessel Safety and SecurityAct 0f 2010

    Gerson & Schwartz, P.A.
    30 Jul 2014 | 8:47 am
        On July 24, 2014 a senate Committee Hearing chaired by retiring Democratic Senator John D. Rockefeller IV, illustrated the necessity for better enforcement of the Cruise Vessel Safety and Security Act 0f 2010Act. The Bill S. 1340, known as the Cruise Passenger Protection Act, perfects the intent of congress in passing the 2010 legislation. Despite, efforts made by the cruise lines to thwart the passage of this legislation, crime victim advocates and personal injury attorneys such as Miami based lawyer, Philip M. Gerson of Gerson & Schwartz, P.A. still pursue justice for…
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    The Emplawyerologist

  • Can Employers Learn How to “Get Religion” From Wal-Mart?

    Janette Levey Frisch
    11 Sep 2014 | 9:13 am
    According to the Wall Street Journal’s October 27, 2013 article (which you can find here) employment-related religious discrimination claims are on the rise. The EEOC received 3,811 religious discrimination complaints for fiscal 2012, and 4,151 complaints for fiscal year 2011.  We are still in the middle of our quest to learn from Wal-mart and its lawsuits.  Wal-Mart has had its share in this area too. To be fair though, Wal-Mart has not always come out the losing party. That does not mean that we cannot still learn from Wal-Mart, however. It just means that we get to see that…
  • Sexual Harassment Complaints Don’t Go Away When You Ignore Them–Ask Wal-Mart!

    Janette Levey Frisch
    4 Sep 2014 | 4:00 am
    On March 25, 2014 the EEOC announced a settlement of a sexual harassment case against Wal-Mart. Most employers do not want to be seen as tolerating sexual harassment. Wal-Mart is probably no exception. Now, we’ve had Wal-Mart under somewhat of a microscope lately (click here, here, here , here and here for review) in our continuing quest to learn some employment law do’s and don’ts. With that said however, Wal-Mart has faced its share of lawsuits in this area too. They say that experience — including someone else’s experience– is often the best teacher.
  • Wal-Mart After Dukes: Still Courting Disaster?

    Janette Levey Frisch
    28 Aug 2014 | 7:00 am
    According to Justice Ruth Bader Ginsburg’s, dissenting opinion in Wal-Mart Stores, Inc. v. Dukes 564 U.S. ____ (2011) women hold 70% of all hourly jobs at Wal-Mart. You would think then, that Wal-Mart would be sure to treat its female employees well.  Wal-Mart has asserted that it has “strong policies against discrimination”,  and that certain gender discrimination claims were “not representative the hundreds of thousands of women that work at Wal-Mart”. The volume of sex discrimination suits that Wal-Mart has faced, particularly in the last several years…
  • Lesson from Wal-Mart: Wage and Hour Violations Don’t Pay!

    Janette Levey Frisch
    21 Aug 2014 | 4:30 am
    I would like to think employers know they have to pay their employees for the time they work. The problem is that not all employers understand what constitutes “time worked”.  (Click here, here, here and here for review). Litigation trends show that this point may not have been readily apparent to Wal-Mart either. Wal-Mart has steadfastly clung to its party-line that it is “our policy to pay associates for every hour worked and to make rest and meal breaks available”, even as it has paid out multi-million-dollar wage-and-hour settlements or judgments.  Whether or not…
  • Wal-Mart and Workers’ Compensation: Adding Insult to Injury?

    Janette Levey Frisch
    14 Aug 2014 | 7:05 am
    Rare is the employee who wants to get injured on the job, or the employer who wants to deal with the fallout of such injuries–especially workers’ compensation coverage and claims. Of course employers have to provide workers’ compensation coverage. As part of the The Emplawyerologist’s  mini-series on Wal-Mart’s employment law capers, this week we are exploring Wal-Mart’s missteps in this area. Now, to be fair, Wal-Mart does provide workers’ compensation coverage. There are no known allegations that Wal-Mart is not a safe place to work. Based on…
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    Kessler Law Firm

  • Joe McCallum Gets Out Of Prison Today

    29 Aug 2014 | 6:00 pm
    In 1990, I defended a man charged with capital murder. On May 6 of that year, four men drove from a trailer park in southern Fort Pierce to a house in Sebastian. At least three of them burst through the front door and held a man at gunpoint. The man, allegedly a pot dealer, was home with his teenage girlfriend and his 6-year-old son. The intruders robbed the man, and then shot him execution-style in front of the girl and boy. Joe McCallum was one of four men arrested. All were indicted for first degree murder. McCallum was alleged to have been the sole triggerman. His Confession McCallum…
  • Ethics on Parade at NCDD

    13 Aug 2014 | 11:54 am
    Stephen Jones is the current dean of the National College DUI Defense. He also serves as chairperson of the curriculum committee. About a year ago, Jones invited me to lecture at the 2015 winter session in Orlando, and I accepted his invitation. We agreed that my presentation would be on ethics. Frankly, I was surprised when he invited me. While I have been a frequent lecturer at DUI Defense seminars around the country for many years, I have also been a critic of the governing body of the NCDD and its practices. The secrecy, the lack of democracy, the cronyism, the lack of criteria for…
  • Breaking Through The Blue Line

    21 Feb 2014 | 3:34 am
    Getting to Not Guilty Despite Two Detectives’ Claims Convicted sex offenders living in Florida are required to register and provide their residence address with their local sheriff’s office. Florida law requires the probation department to confirm periodically that the address for those offenders who are on probation are both current and accurate. Conversely, sheriff’s departments are mandated by Florida law to confirm periodically that the address of offenders who are not on probation are both current and accurate. Recently, the St. Lucie Sheriff’s Office got that wrong. Two St.
  • Who You Know Matters, Too

    18 Feb 2014 | 5:21 am
    A few weeks ago, a friend and colleague who lives and works in rural Oklahoma reached out to me for help. It seems a friend of his had been arrested at the Jacksonville airport by employees of TSA. Not for smuggling contraband. Not for terrorism. For battery. On a TSA employee. It seems my colleague’s friend grabbed the arm of a passing TSA employee, in order to point that employee to the spot on the airport terminal floor where a stricken traveler lay having a seizure or heart attack. Of course, nobody messes with TSA and gets away with it. I need the help of the best lawyer you know in…
  • Prosecutor Jailed for Railroading Innocent Man

    16 Dec 2013 | 9:10 am
    A former Texas district attorney entered into an unusual plea bargain recently. He agreed to serve 10 days in jail for withholding evidence that could have stopped an innocent man from going to prison for nearly 25 years. This is apparently the first time a prosecutor has been sent to jail for concealing evidence helpful to the defense, according to news sources. Former Williamson County District Attorney Ken Anderson agreed to a plea deal that will also require him to pay a $500 fine and complete 500 hours of community service after state District Judge Kelly Moore found him in contempt of…
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    The Federal Criminal Appeals Blog

  • Short Wins - the Distribution of Child Pornography Gets (slightly) Limited Edition

    15 Sep 2014 | 7:34 am
    Child porn cases are turning out to be a surprisingly large portion of what's in federal court. Child pornography is gross and wrong, to be clear. But these cases are, I think, a symptom of a larger problem. All of us have times in our lives when we're in the wilderness, when we feel adrift and alienated and unsure of where we're going or where we are. Some folks in this time of life turn to alcohol, Some turn to drugs, video games, or other ways to keep themselves from facing the great chasm of dissatisfaction that their lives have become. "The mass of men lead lives of quiet desparation"…
  • Short Wins - The Late August Edition

    27 Aug 2014 | 7:17 am
    It's been an interesting few weeks in the circuits (and, apologies for the gap in posting - pesky family vacations). Probably my favorite is United States v. Mergen, about whether an FBI agent's statements that what the guy charged with a crime was doing were ok and legal were admissible. I tend to think FBI stings that take advantage of how weak the entrapment defense is are one of the more loathsome things our federal government does - any time you can poke holes in that I think it's a good thing. Also of note is United States v. Bagdy - there, a guy who spent an inheritance on stuff that…
  • Short Wins - the Entrapment Edition

    1 Aug 2014 | 12:46 pm
    It is rare and wonderful to see an entrapment opinion. And United States v. Kopstein fits the bill. In other news, I was on TV last night talking about the trial of former Virginia Governor Bob McDonnell. If you're interested, here's a clip (I start at about 2:15). To the victories! 1. United States v. Kopstein, Second Circuit: Appellant was convicted by a jury of transporting and shipping child pornography. During trial, Appellant's sole defense was entrapment. The conviction was vacated and the case remanded because the jury instruction on entrapment failed to consistently and adequately…
  • Lying Isn't Always Fraud - the Sixth Circuit Sends A Case Back Because Buying Drugs From a Drug Distributor Is What The Drug Distributor Wants

    29 Jul 2014 | 12:24 pm
    Lester and Nancy Sadler, a husband and wife, ran a series of pain management clinics in Ohio. As the Sixth Circuit explained, "these were not conventional plain clinics." For example, at one clinic patients would arrive well before it opened, filling the clinic's parking lot and the lots of nearby businesses. While waiting for the clinic to open, the patients used drugs and traded prescription forms for cash in the parking lots. The patients often traveled long distances (and in large groups) to come to the Sadlers' shops, sometimes as much as 316 miles in a roundtrip, even though most of the…
  • Short Wins - the Shameless Promotion Edition

    22 Jul 2014 | 5:06 am
    Remember back with this blog was more than just Short Wins? Remember when there were long and loving descriptions of cases? I still aspire to get back to that vision for the blog - that was fun. Seriously, look for more long write-ups soon. I've been distracted by writing for Above the Law (here is a link to my columns (I particularly like the one about cannibalism)) and my day job as a practicing lawyer. But, if you're jonesing for those long write-ups again, thanks to the good people at James Publishing, you can now read them in one handy-dandy book. It has the jazzy title Criminal Defense…
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    Boston Injury Lawyer Blog

  • Boston's Proposed Safety Ordinance Geared Towards Cyclist Safety

    12 Sep 2014 | 7:32 am
    Earlier this week, the Boston City Council was expected to take up a first-of-its-kind ordinance geared towards bicyclist and pedestrian safety. On Tuesday, September 9, 2014, Boston Mayor Marty Walsh presented the City Council with an Ordinance to Protect Vulnerable Road Users. If passed, the ordinance would require the implementation of safety apparatuses on all city-owned and city-contractor vehicles weighing over 10,000 pounds. Furthermore, only snowplows and emergency vehicles would be exempt from complying with the proposed ordinance. These safety apparatuses include protective side…
  • Back-to-School Product Recalls

    4 Sep 2014 | 8:43 am
    With Labor Day weekend just behind us, students at all education levels are starting classes this week. According to a summer study conducted by the National Retail Federation, Americans were expected to spend nearly $75 billion on back-to-school needs and wants this year. This includes everything from clothing and traditional school supplies like pens and pencils to electronics and dorm room needs for college students. Almost anything can end up on the back-to-school list, which is why buyers should educate themselves on the latest product safety news. A number of product safety recalls were…
  • "I'm not the Type to Sue Somebody But..."

    28 Aug 2014 | 9:34 am
    I long ago lost count of the number of times I've heard that line from potential clients who come into the office to discuss what happened to them or a loved one. My usual response is "That's okay, I do it all the time." There is, however, something regrettable about feeling the need to be apologetic for considering a lawsuit to hold a wrong doer accountable. Perhaps we forget that the Founding Fathers insisted on the right to jury trial in both criminal and civil cases and would not ratify the Constitution without it being included in the Bill of Rights. Perhaps we forget that without…
  • Testosterone Replacement Therapies (Low-T) Cases Consolidated into Multidistrict Litigation

    20 Aug 2014 | 12:28 pm
    As previously reported in this blog, the U.S. Food and Drug Administration (FDA) announced in January, 2014, that it was launching an investigation into whether FDA-approved testosterone products are causing strokes, heart attacks and even death. Several studies have shown that use of testosterone replacement therapies, such as AndroGel and Axiron, for the dubious medical condition "Low T" actually increases the risk of heart attacks and strokes in men using the product. Although in its beginning stages, several lawsuits have been filed in the Federal District Court in Chicago, Ill., the…
  • Major Developments in Fight to End Forced Arbitration

    11 Aug 2014 | 1:14 pm
    Major strides have been made this summer toward banning forced arbitration clauses which strip consumers of their constitutional right to have their disputes heard and decided by a jury of their peers. Unknowingly, consumers and employees are often subjected to forced arbitration provisions when they sign credit card and cell phone contracts, when they purchase retail products, when they are admitted to nursing home facilities, and when they enter into employment contracts. President Obama recently signed The Fair Pay and Safe Workplaces Executive Order which will prohibit companies pursuing…
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    Securities Law Blog

  • FINRA Issues Investor Alert Regarding Frontier Funds

    The Frankowski Firm, LLC
    15 Sep 2014 | 7:39 am
    FINRA issued a new investors alert, this time warning investors considering funds that invest in frontier markets to take note of the large risk associated with these markets. Although no set definition of frontier markets exists, such frontier funds typically invest in companies in countries with developing securities markets, including Argentina, Lebanon, Nigeria, Slovenia, and Vietnam. Gerri Walsh, FINRA’s Senior Vice President for Investor Education cautions that “[i]nvestors seeking potentially higher returns in frontier funds should understand that the promise of higher…
  • Judges Declines To Dismiss Principal Investment Groups Excessive Fee Suit

    The Frankowski Firm, LLC
    12 Sep 2014 | 7:26 am
    U.S. District Judge John A. Jarvey, an Iowa federal judge, decided not to dismiss a case alleging investment managers Principal Management Corp. and Principal Global Investors, LLC took too much on fees they charged a retirement plan investing in particular mutual funds. Judge Jarvey ruled that American Chemical & Equipment Inc 401(K) Retirement Plan (ACE) had standing under the Investment Company Act (ICA) to initiate a case alleging the investment management groups kept an acquired fund fee that was in breach of their fiduciary duties to investors in a collection of mutual funds, which…
  • Second Circuit Receives Unusual Madoff Appeal

    The Frankowski Firm, LLC
    11 Sep 2014 | 8:20 am
    New York federal prosecutors have asked the U.S. Court of Appeals for the Second Circuit to dismiss an appeal by a federal prisoner who asserts that Ponzi schemer Bernie Madoff was convicted because the government used mind-control techniques to influence the court. In July, a handwritten motion seeking to dismiss the case was filed under Madoff’s name by Frederick Banks, who is currently serving a sentence in a Youngstown, Ohio federal prison. Banks claimed that the government utilized “bio-electric sensors and sub-aural communicators voice-to-skull technology.” Judge Denny…
  • Ponzi Schemer Confesses To Additional Fraud

    The Frankowski Firm, LLC
    8 Sep 2014 | 7:21 am
    Eliyahu Weinstein, a New Jersey Ponzi schemer already serving 22 years in prison for a $200 million real estate scam, confessed in federal court last week that he additionally defrauded potential investors in Facebook’s initial public stock offering and other real estate transactions. He then admitted to laundering the illicit proceeds. Weinstein pleaded guilty to conspiracy to commit wire fraud, committing wire fraud while on pretrial release, and money laundering. According to U.S. Attorney Paul J. Fishman, the crimes occurred while he was awaiting trial for his previous crimes.
  • Goldman Sachs, Citigroup Contracts Block Arbitration

    The Frankowski Firm, LLC
    5 Sep 2014 | 7:53 am
    The United States Court of Appeals for the second circuit ruled this week that a forum-selection clause in Goldman Sachs and Citigroup contracts preempts their responsibility under FINRA rules to arbitrate disputes with a customer. The Appellate Court had consolidated two separate cases brought by Golden Empire Schools Financing Authority and North Carolina Eastern Municipal Power Agency against Goldman Sachs and Citigroup respectively. The plaintiffs in both cases assert that the firms fraudulently induced them to issue millions of auction rate securities in the years prior to the 2008…
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    South Florida Criminal Attorneys Blog

  • Florida Man Acquitted of First Degree Murder Charges

    Michael B. Cohen, P.A.
    1 Sep 2014 | 10:50 am
    Cesar Limas made his living by selling cocaine, methamphetamine and marijuana. Yet he became the prosecutor’s key witness in a first degree murder trial that led to fourteen months of jail time for Carlos Hiracheta Perez, 29, of Dade City pending trial. Limas told police that he and another man wrestled a Colt .45 semi-automatic pistol away from Perez outside an abandoned house in Dade City after two shots were fired inside the house. Within the residence lay the motionless body of Arturo Escamilla. Limas told Sheriff’s deputies that after he grabbed the gun away from Perez, the…
  • Jessie Lee Miller Freed After 15-Year First Degree Murder Acquittal

    Michael B. Cohen, P.A.
    1 Aug 2014 | 7:39 am
    Otto Wright’s first trial for felony first-degree murder ended in a mistrial when a jury couldn’t come to a unanimous decision. But his second trial ended with a guilty verdict when the previously self-proclaimed “look out” admitted that he participated in the robbery of a West Palm Beach Chick-Fil-A restaurant. Nicholas Megrath, the 18-year old manager of the restaurant that was located at the now non-operational West Palm Beach Mall was shot and killed by one of the other culprits. But Wright’s taped confession stated that although he watched the robbery unfold…
  • Boynton Beach Man Beats Prior Manslaughter Charge Walks Free Again

    Michael B. Cohen, P.A.
    8 Jul 2014 | 1:06 pm
    David Muringer appears to live a charmed life. The Boynton Beach man was acquitted last month of misdemeanor battery and felony false imprisonment charges just short of a year and a half after he virtually walked away from manslaughter charges that could have cost him fifteen years in prison. In this latest case against him his girlfriend, Robin Green, 26, told police that Muringer began to strangle her after the two of them had an argument and she tried to leave his apartment. She was able to get away from him and called 911. In this new case if convicted of both charges he would have faced…
  • Deported Gay Honduran Man Fights to Return to the US to Gain Asylum

    Michael B. Cohen, P.A.
    1 Jul 2014 | 1:19 pm
    Italo Morales had lived in Hollywood, Florida for nearly ten years after he fled his native Honduras in 2005. Morales, now 27 years old is gay. He left Honduras nearly ten years ago, following his partner who also bolted from the country due to the violence against the small gay community that survives there on a daily basis. As a country, Honduras can boast to being the murder capital of the world. The homicide rate is an alarmingly high ratio of almost one individual per every one thousand annually; earning this reprehensible label and nearly doubling its closest rival in this tragic…
  • Owner/Operator of South Florida Home Health Firm Pleads Guilty to Paying Health Care Kickbacks

    Michael B. Cohen, P.A.
    24 Jun 2014 | 11:27 am
    Nestor’s Health Services, Inc. is now non-operational. This seems to be the story with most articles I’ve featured on my blog dealing with Health Care Fraud that’s taken place in the South Florida area over the past year. The word “defunct” seems to come up a lot. With this latest article, the total amount of money I’ve reported which has been reimbursed by Medicare for fraudulent billing is fast approaching the $100 million dollar mark. But in all fairness, one of the stories posted here involved a reimbursement of $33 million by itself. So when Cruz Sonia…
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    Tampa Criminal Lawyer Blog

  • So You've Violated Your Federal Supervised Release... What now?

    20 Aug 2014 | 9:59 am
    Just about every Federal felony carries behind a term of incarceration a period where one is on a probation like status called supervised release. For all intents and purposes supervised release is just like probation in that you will be monitored by a Federal probation officer, will forego certain rights while on supervision, and will have to meet certain requirements laid out by the Court specific to your case in addition to those general requirements for anyone on supervised release. For the most part as long as you mind your P's and Q's you won't have an issue with a potential violation.
  • Florida Man Faces Aggravated Assault For Throwing Gasoline On Wife. Tells Police It Was A Joke.

    19 Jun 2014 | 6:22 am
    Sunrise, Florida man, Khemraj Samlall told law enforcement he was only joking when he allegedly attempted to ignite gasoline that he "accidentally" spilled on his wife and her bed earlier this week. As a result of this claimed joke, Mr. Samlall is now facing felony charges of aggravated assault with a deadly weapon without the intent to kill. According to reports Mr. Samlall and his wife were arguing after Mr. Samlall came home drunk. Mrs. Samlall is thought to have told him he was a bad father for not spending enough time with his children, prompting Mr. Samlall to retrieve a red gas can…
  • Tampa Bay Man Found Guilty of Federal Terrorism Related Charges

    16 Jun 2014 | 6:02 am
    Kosovo born and now Tampa Bay area resident Sami Osmakac was found guilty last week of the federal crime of attempting to use weapons of mass destruction and knowingly possessing a firearm not registered to him in the National Firearms and Transfer Record. Osmakac's case received national attention in 2012 when he was indicted after posting videos on YouTube, declaring his intention to blow up highly populated Tampa areas including Hyde Park and Ybor City and then subsequently purchasing non-functioning weapons from undercover FBI agents. According to Tampa news reports, Osmakac claimed to…
  • Jameis Winston Accused Of Theft From Florida Publix

    1 May 2014 | 4:08 pm
    Heisman Trophy winning quarterback Jameis Winston was accused this week of stealing crab legs from a Tallahassee, Florida Publix. Since the time of the incident, media outlets, NFL scouts, and fans of certain rival teams have taken issue with Winston's actions, making fun, questioning his character and showing concern over his draft stock. Perhaps these concerns are warranted and perhaps not, all are certainly entitled to their opinion. At the end of the day, Winston wasn't charged with a criminal offense for retail theft or petit theft but rather was issued a civil infraction requiring him…
  • I Got Busted By The Feds. Should I Waive My Indictment If I Want To Cooperate?

    30 Apr 2014 | 10:12 am
    In nearly every Federal drug charge I've handled in Tampa, my client has been charged as part of a Federal drug conspiracy. Depending on my client's role or position within the alleged conspiracy, he or she is often approached, through me, to cooperate with the United States Attorney's investigation in an attempt to bolster their Federal prosecution of co-conspirators or to seek information on other conspirators higher up the in the criminal organization. Depending on the stage of the investigation and very likely my client's role, the Feds may defer on seeking a Federal Indictment against my…
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    Personal Injury Lawyer Blog


    8 Sep 2014 | 7:26 pm
    With the popular and regular attendance of amusement parks, a lack of park safety has led to several theme park accidents, calling for federal oversight. The Consumer Product Safety Administration only regulates portable rides that tour with traveling shows to several county fairs, whereas fixed-site rides are regulated by state, making oversight largely inconsistent. Over 30 years ago, federal regulation over amusement park safety ended in 1981. Since then, roller coasters have drastically evolved, pushing the bounds of physics with steep drops and lightning speeds. Three years ago, an army…

    7 Sep 2014 | 7:07 pm
    A Texas jury entered a substantial $27,000,000 verdict in actual damages against McDonald's to the families of two of its teenage patrons, who died from a mob attack at one of its restaurants and the car accident that soon followed. The victims were 18-year-old Denton James Ward and his 19-year-old girlfriend Lauren Bailey Crisp. Their families never asked for punitive damages. In February 2012, the pair and another couple stopped at the McDonald's restaurant in College Station, Texas, where the young men were attacked by a mob in the parking lot. Attempting to rush them to the hospital, the…

    4 Sep 2014 | 7:16 pm
    The Tennessee Valley Authority (TVA) has reached a $27,800,000 settlement to pay Tennessee property owners who suffered damages from a massive spill of toxic coal ash sludge. As a corporation wholly owned by the United States government, the Tennessee Valley Authority is the nation's largest public utility, serving approximately 9,000,000 customers over seven Southeastern states. In 2008, a containment dike burst at the Tennessee Valley Authority's Kingston Fossil Plant, releasing over 5,000,000 cubic yards of ash from a storage pond. The coal ash sludge flowed into a river and contaminated…

    6 Aug 2014 | 1:25 pm
    A U.S. court ordered cigarette conglomerate RJ Reynolds to pay $23.6 billion to the wife of a smoker who died of lung cancer. RJ Reynolds is ranked as the second largest cigarette company in the U.S. to first ranked Altria (the owner of Phillip Morris). RJ Reynolds Tobacco Company was hit with the punitive fine in addition to $16.8m in compensatory damages. The punitive damages award that was given to Ms. Robinson, the plaintiff, was said to be the largest of any individual case stemming for a class action lawsuit filed in Florida. What the court is trying to convey through such a large…

    30 Jul 2014 | 10:45 am
    In February of 2013, a New Jersey judge awarded Linda Gross $11.1 million dollars after a month-long defective pelvic mesh trial against Ethicon, a subsidiary of Johnson & Johnson. This July, the same judge has denied motions by J&J, who requested a new trial. In 2013, Judge Carol Higbee of Atlantic County Superior Court, awarded $3.35 million in compensatory damages and $7.76 million in punitive damages to Ms. Gross. A jury agreed, in a 7-2 vote, that the company had fraudulently misrepresented and failed to warn Ms. Gross or her physician about the risks associated with their product, the…
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  • Foreign Entrepreneurs are Taking Their Money Elsewhere - to Canada

    15 Sep 2014 | 6:40 am
    Two years ago, it seemed that it was only a matter of time before Congress passed comprehensive immigration reform. In June of 2012, the President implemented his Deferred Action for Childhood Arrivals program and the following summer, the Senate passed its own version of the long-awaited immigration bill. However, the bill and the reform progress came to an abrupt halt at the feet of the House of Representatives. In the almost two years that have passed since, the country is no closer to achieving any of its immigration-related goals and continues to lose foreign nationals who could serve…
  • The Immigrant Children "Boom"

    5 Sep 2014 | 6:57 am
    Immigration to the U.S. is not a new phenomenon, but the recent influx to the U.S. by tens of thousands of young Central Americans in the summer of 2014 was notable. Over the past few years, the number of illegal border crossings had leveled off, even declined over the past few years. What were some of the reasons that motivated the dramatic rise of people from Central America crossing the border illegally in the past few months? Right now, several Central American countries, namely as Guatemala, El Salvador and Honduras, have been experiencing an increase in violence as young children are…
  • DOL Finally Clarifies the Meaning of "Familial Relationship in PERM Applications

    29 Aug 2014 | 10:00 am
    Many foreign workers obtain their green cards by finding a U.S. employer to sponsor them for permanent residence. Most employment-based cases are completed through the Labor Certification process, which is also commonly referred to as the PERM process. What is the PERM Process? At first glance, the PERM process can seem quite complicated. The process requires a U.S. employer to place a series of job advertisements in various sources in order to try to recruit U.S. workers. The PERM advertisements themselves must fulfill certain content requirements, must be placed in certain avenues, and must…
  • USCIS Providing Immigration-Related Relief to West Africans

    28 Aug 2014 | 9:50 am
    In light of the current medical and public health crisis that is affecting West Africans in three countries, the U.S. Citizenship and Immigration Services (USCIS) is constantly monitoring the Ebola outbreak and has proposed relief measures to assist those African nationals who are currently in the United States. USCIS is taking these relief measures in large part due to the humanitarian concern for the African nationals but also as a practical matter. Since many airlines are no longer flying to the affected areas, it would not be fair to label the stranded African nationals as immigration law…
  • ACLU Files Lawsuit Alleging Immigration-Related Discrimination on the Basis of Muslim Heritage/Ethnicity

    22 Aug 2014 | 10:00 am
    For most foreign nationals, coming to the U.S. and obtaining permanent resident status (i.e., a green card) is only the first step in reaching their ultimate goal of becoming a U.S. citizen. Becoming a citizen carries with it many significant benefits, such as the right to carry a U.S. passport, the right to vote in national, state, or regional elections, and the eligibility to receive some government-provided benefits that are set aside especially for citizens. How to Become a U.S. Citizen In order for a permanent resident to become a U.S. citizen, that person must complete a process called…
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    Boston Business Litigation Lawyer Blog

  • SJC Clarifies Statutory Duty to Defend as Between Car Manufacturers and Car Dealers

    25 Aug 2014 | 2:02 pm
    The Massachusetts Supreme Judicial Court (SJC) recently interpreted a statute under M.G.L. c. 93B, section 8(a), which requires a car manufacturer, under certain circumstances, to defend a car dealer against a claim "predicated upon the negligent design or manufacture of a new motor vehicle, or any part or component thereof." While a "duty to defend" often arises based on the terms of contractual relationships between parties, it is less common that a duty to defend arises in a statutory context. In Ferreira v. Chrysler Group, LLC, the plaintiff had purchased a new Jeep Wrangler from the car…
  • Appeals Court Reinstates Employee's Age Discrimination Claim Against Employer

    21 Aug 2014 | 1:56 pm
    In June, the Massachusetts Appeals Court reinstated an age discrimination claim brought by a former employee against her former employer, the Massachusetts Department of Transitional Assistance (DTA), in which the employee claimed that she was demoted, and constructive terminated, as a result of age discrimination. In Younker v. Department of Transitional Assistance, the employee claimed that her demotion and subsequent resignation from the DTA constituted a violation of M.G.L. c. 151B, § 4(1C). That statute provides that it is an unlawful discriminatory practice for "the commonwealth or any…
  • Non-Compete Agreements Survive Another Legislative Session

    5 Aug 2014 | 11:38 am
    Massachusetts legislators have once again declined to amend Massachusetts law relative to non-competition agreements, which operate to ban employees who sign them from working for competitors after they leave a company. According to the Boston Herald, the final version of a proposed Massachusetts economic development bill will not include language placing limitations on non-compete clauses, as many of those opposed to non-competes had hoped. The legislation has been hotly debated for years. Most of those in favor of keeping non-compete agreements valid and enforceable are employers and owners…
  • Ruling Emphasizes Punitive Nature of Attorney's Fees Award Pursuant to M.G.L. c. 93A

    22 May 2014 | 9:28 am
    In Holland v. Jachmann, the Massachusetts Supreme Judicial Court (SJC) considered whether the attorney's fees attributable to the plaintiff business's in-house counsel are recoverable as part of assessed damages in a successful claim under M.G.L. c. 93A (Chapter 93A). There, the dispute arose out of a complicated business transaction that effectively split the plaintiff company in two. The defendants were found to have violated Chapter 93A on eight counts, including flagrant breaches of contract and deceptive business practices. Chapter 93A gives a court discretion to award attorney's fees…
  • Employee Bound to Arbitrate Claims Against Employer Based Upon Language in Employee Handbook

    15 May 2014 | 10:21 am
    In a recent ruling from a federal district court in Massachusetts, the court held that the terms regarding an arbitration program contained in an employee handbook operated as a binding agreement to arbitrate the employee's discrimination claims against the employer. In Daniels v. Raymours Furniture Co., Inc., the plaintiff had been an employee of the defendant-employer. When he was hired, the plaintiff was required to review and acknowledge receipt of the employer's employee handbook containing the company's employment policies. A few months later, the employer adopted an arbitration…
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    Atlanta Overtime Lawyers Blog

  • NFL Oakland Raiders Cheerleaders Settle Wage Claim Lawsuit For $1.25 Million

    15 Sep 2014 | 10:14 am
    On September 4, 2014, the Oakland Raiders Cheerleaders ("Raiderettes") settled their wage lawsuit against the Oakland Raiders for $1.25 Million in back wages. The lawsuit was filed by two of their cheerleaders in January asserting that the football team underpaid them. One of the cheerleaders estimated her hourly rate over the course of the season at just about $5 per hour. Additionally, the cheerleaders were fined for violating team rules. The settlement will provide back pay for any Raiderette who cheered for the NFL team as far back as 2010 and awards each cheerleader $6,400 for each…
  • Court of Appeals Affirms $5M Verdict Against Tyson Food Employees

    13 Sep 2014 | 3:41 pm
    A federal court of appeals court affirmed a jury verdict for employees of Tyson Food meat-processing plant workers for failing to pay the employees for pre- and post-production line activities under the Fair Labor Standards Act ("FLSA"). A jury found in favor of the employees and awarded them over $5M. Tyson appealed and the Court of Appeals ("COA") agreed with the jury's verdict in favor of the workers. In the case, the employees were current and former "gang time" employees and the COA found that Tyson paid the employees as follows: To calculate the employees' compensable working time,…
  • Court Of Appeals Finds Delivery Drivers Are Employees Not Independent Contractors

    20 Jul 2014 | 10:38 am
    Last month, a Court of Appeals ruled that delivery drivers were employees not independent contractors and therefore, the drivers were entitled to overtime. The case involved a Georgia company called Affinity Logistics Corporation which contracted with Sears to provide home delivery services for various home furnishing retailers. The drivers were responsible for loading furniture and appliance deliveries, unloading deliveries, and installing the deliveries. To determine whether the drivers were independent contractors or employees, the Court of Appeals stated that "the right to control work…
  • Can Restaurants Require Servers And Bartenders To Pay For Customer Walk-Outs?

    18 Jul 2014 | 9:22 am
    The Fair Labor Standards Act ("FLSA") permits restaurants and other employers of tipped employees to receive a "tip credit" when compensating their tipped employees. The FLSA permits the employer to pay its tipped employees $2.13 per hour plus tips as long as those tips cause the employee to make at least minimum wage per hour. Under the FLSA, "the employer is required to satisfy the following two statutory prerequisites in order to utilize the 'tip credit' allowance: (1) the employer must inform the employee of the provisions in Section 203(m) of the FLSA; and (2) all tips received by an…
  • Court of Appeals Holds Police Officers Are Entitled Overtime Where Their Salary Minus Annunities / Pension Payments Falls Below $455 Per Week

    8 Jul 2014 | 6:07 pm
    Last month, a United States Court of Appeals ruled that police officers whose salaries minus annunities fell below $455 per week were entitled overtime under the federal wage statute called the Fair Labor Standards Act ("FLSA"). Typically, the first question when determining whether salaried employees are entitled to overtime is whether their job duties are exempt typically under the executive, administrative or professional capacity. In this case, the police officers were not arguing about their job duties. Instead, they were arguing a different provision of the FLSA. For salaried employees,…
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    Florida Tax Lawyer Blog

  • Caterpillar Loses Foreign Dividends Discrimination

    3 Sep 2014 | 11:49 am
    The Constitution gives the power to Congress, and Congress alone, to regulate commerce with foreign nations. This means the individual states cannot regulate commerce with foreign nations. This concept is known as the Foreign Commerce Clause. While it seldom comes up in the area of state taxation, the Foreign Commerce Clause states, "Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States . . ." This idea seems fairly simple conceptually, however, it can be difficult in practice to determine whether a state tax impedes on Foreign Commerce. Since…
  • Colorado Shocked With Pot Tax Revenue

    15 Aug 2014 | 3:19 pm
    One of the main goals accomplished by legalizing marijuana in Colorado was the perceived increased revenue stream from state tax. Lawmakers strongly believed Colorado would benefit financially from the legalization of marijuana in its state. To their shock and dismay, the legalization has not been as profitable as lawmakers had hoped. By way of brief background, Colorado enacted a pot tax in 2013. Specifically, on November 5, 2013, Colorado voters passed the pot tax. The tax operated similar to other sin taxes in that it came at a hefty rate. Recreational marijuana sales were subjected to a…
  • Should Gas Stations Fight Two-Tiered Pricing?

    29 Jul 2014 | 1:15 pm
    Have you ever wondered why gas stations often advertise two different prices on their sign? If you have not, then start looking and you will notice most stations advertise one price for cash (or company specific credit cards, such as Mobil, Shell, Chevron, etc.) and another for credit. The $0.10 difference, known as two-tiered pricing, is an attempt by station owners to recover steep credit card fees by incentivizing customers to use cash. Over the past few years, many customers have expressed frustrations towards the station owners by being lured into a gas station for a lower price only to…
  • SCOTUS Decides to Hear CSX - But Why?

    21 Jul 2014 | 2:07 pm
    Each year, the Supreme Court punts on dozens of cases. Included in the dozens of cases which the court elects not to hear each year are sales tax cases. They are uninteresting to the majority of the population and just not the type of cases the justices want to hear. In fact, despite having a significant affect in most multi-state businesses, the Supreme Court has not heard a sales tax nexus case since Quill in 1992. If there was ever a case to hear, it was Amazon and Orbitz versus New York. At issue was the two large online retailers versus the mighty state of New York. To the dismay of many…

    10 Jul 2014 | 9:58 pm
    It is hard to believe we are more than halfway through 2014. What is not surprising is that states continue to battle with online companies, such as Amazon, as to whether it should be required to collect and remit sales tax. States continue with aggressive tactics and continue to look to distribution centers, affiliates, or even hard drives as a hook to establish nexus, which would require the company to collect and remit tax in that state. In 1992, the Supreme Court of the United States heard a case called Quill v. North Dakota. In announcing the supreme law of the land, the Supreme Court…
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    New Jersey CPA Tax Lawyer Blog

  • Failed Cemetery Site Tax Shelter Leads to $187K Deficiency Assessment a Decade Later for Investors

    3 Sep 2014 | 10:40 am
    Charitable deductions can provide taxpayers with very valuable tax benefits in the form of larger deductions. In some case, though, when taxpayers invest in questionable tax deduction generating schemes, the drawbacks of these investments ultimately far outweigh the benefits. In one such instance, the US Tax Court recently upheld the Internal Revenue Service's assessment of deficiencies of a couple's 1996-99 tax returns, amounting to nearly $200,000. Even though the IRS notice of deficiency occurred more than a decade after the couple filed their returns, specific exceptions to the law's…
  • Taxpayer's Failure to Keep Contemporaneous Records Leads Court to Reject Documentation as 'Ballpark Guesstimate'

    20 Aug 2014 | 2:48 pm
    For any taxpayer, maintaining proper records is vitally important. This is especially true if you have millions of dollars in business expenses riding on whether or not you meet the tax regulations' standard for a "real estate professional." A technology business owner discovered a hard lesson regarding this matter when the U.S. Tax Court rejected his appeal and upheld the Internal Revenue Service's imposition of a tax deficiency well in excess of a half-million dollars. The ruling reminds all taxpayers that there is simply no substitute for records created and updated contemporaneously, as…
  • Rental Business' Failure to Commence Dooms Business Expense Deduction

    6 Aug 2014 | 10:07 am
    In recent years, buying and selling houses has become more difficult, leaving more people to pursue renting out houses they own but do not occupy and cannot sell. For these taxpayers, the tax code establishes clear criteria for what qualifies as a valid business and when they may claim a business expense deduction for their mortgage interest. These taxpayers should take note of a recent US Tax Court case that denied a Southern California couple the deduction because the couple did not meet all these criteria, thus allowing the Internal Revenue Service to disallow the couple's business expense…
  • Mom's Attempt to Deduct Basement Office Expense, Wages to Children Falls Flat

    16 Jul 2014 | 10:18 am
    A businesswoman's attempt to maximize her business expense deductions ultimately went too far, according to a recent US Tax Court ruling. The court decided that the woman did not have sufficient basis for claiming that one-third of her home was deductible office space, and that the facts of her case did not support her claim that she paid compensation to her three minor children. Patricia Ross carried on multiple business ventures in 2007 and 2008, some of which she ran from the basement of her home. The businesswoman also put her three children, ages 15, 11, and 8, to work for one of her…
  • Statute's Strict Requirements Doom Sales Representative's Vehicle Expense Deduction

    3 Jul 2014 | 3:08 pm
    Many people maintain jobs that require them to travel for work, and many of those employers do not compensate their workers for those expenses. Taxpayers in this situation should take heed to a recent ruling by the US Tax Court, which sided with the Internal Revenue Service in disallowing a taxpayer's $20,000 vehicle expense deduction. Even though the taxpayer used the standard mileage rate, and had records showing the miles he had driven, the Tax Code required more detailed information that the taxpayer did not keep. Mr. Garza's tax troubles related to certain expense deduction claims he…
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    Securities Lawyer 101 – SEC Law & Direct Public Offering Attorneys

  • Going Public Blog l Securities Lawyer 101

    1 Jan 2101 | 6:23 am
    Going Public Lawyer  Securities Lawyer 101 Blog Going public is a big step for any company.   The process of “going public” is complex and at times precarious. While going public offers many benefits it also comes with risks and quantities of regulations with which issuers must become familiar.  Despite the risks even in a down economy, the U.S. market remains one of... Read MoreGoing Public Lawyer
  • Secondary Offerings In Going Public Transactions

    15 Sep 2014 | 9:00 pm
    Going Public LawyerSecurities Lawyer 101 Blog Going public transactions can be structured a variety of ways.  Many going public transactions involve the filing of a registration statement with the Securities and Exchange Commission (“SEC”) registering shares held by existing stockholders so that the issuer can meet FINRA’s shareholder requirements.  This type of offering is referred to as a  secondary offering.  In a... Read MoreGoing Public Lawyer
  • Robert Bandfield, Andrew Godfrey, Kelvin Leach, Jim Can Indicted

    9 Sep 2014 | 12:59 pm
    Going Public LawyerOn September 9, 2014, the United States Attorney for the Eastern District of New York announced a multi-count indictment against six individual defendants: Robert Bandfield, a U.S. citizen; Andrew Godfrey, a citizen of Belize; Kelvin Leach, a citizen of the Bahamas; Rohn Knowles, a citizen of the Bahamas; Brian De Wit, a citizen of Canada; and Cem Can, a citizen of... Read MoreGoing Public Lawyer
  • Bank Secrecy 101 By: Brenda Hamilton Attorney

    8 Sep 2014 | 9:00 pm
    Going Public LawyerSecurities Lawyer 101 Blog Posted By: Brenda Hamilton Attorney The Bank Secrecy Act (“BSA”) requires financial institutions in the United States to assist U.S. government agencies to detect and prevent money laundering activity. The Act’s regulations apply to broker-dealers as well as to banks and other depository institutions. The BSA, also called the Currency and Foreign Transactions Reporting Act, was... Read MoreGoing Public Lawyer
  • Panama and U.S. To Share More Than $36 Million in Forfeitures

    8 Sep 2014 | 9:00 pm
    Going Public LawyerSecurities Lawyer 101 Blog In October of 2013, Deputy Attorney General James M. Cole and Panamanian Attorney General Ana Belfon signed an agreement to share more than $36 million in government forfeitures of criminal assets with the Government of Panama. The asset sharing is based on the extensive and wide-ranging assistance provided by the Government of Panama in connection with a... Read MoreGoing Public Lawyer
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    Employment News

  • EEOC Updates Guidelines on Pregnancy Discrimination

    3 Sep 2014 | 8:00 am
    According to the Equal Employment Opportunity Commission (EEOC), a spike in pregnancy discrimination cases prompted the agency to update its guidelines for the first time in 30 years. Failure to provide accommodations, adjust work duties, or forcing a woman into leave could be construed as discrimination. The purpose of the agency’s update is to clarify the law for employers and to curb future instances of discrimination.Read more about EEOC Updates Guidelines on Pregnancy Discrimination
  • Medical Marijuana and Employee Drug Testing

    30 Aug 2014 | 4:07 am
    Minnesota recently became the 23rd state to legalize medical marijuana, effective May 30, 2014.  The new law is a breakthrough for advocates and could improve opportunities for treatment, pain management, and research. It may however create issues for employers and employees in “drug-free” workplaces. What are employee rights to medical marijuana use and what does the new law mean for compliance under the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA)?Read more about Medical Marijuana and Employee Drug Testing
  • Is Flirting Sexual Harassment?

    21 Jul 2014 | 9:28 am
    Victims of sexual harassment usually don’t need to be told when the line was crossed. Flirting is not unusual in the workplace but can become harassing behavior when it develops into behavior that is unwelcome, has a negative impact on an employee’s performance or creates a hostile work environment.  When workplace banter shifts to sexual harassment, victims may feel bullied, abused and pressured by fellow employees or a supervisor.Read more about Is Flirting Sexual Harassment?
  • Wanta Quoted in Minnesota Lawyer

    3 Jul 2014 | 9:49 am
    Employment law attorney Shawn Wanta was quoted in a June 19t, 2014 Minnesota Lawyer article, “Wage and hour battles on the rise.” The article discusses the rise in the number wage and hour claims being brought forward under state laws and the Fair Labor Standards Act over the past decade. These claims deal with the alleged theft of employee wages through forcing employees to work off the clock, shaving time off of time cards, not paying overtime, and denying mandated breaks.Read more about Wanta Quoted in Minnesota Lawyer
  • MHRA Amended with Right to Jury Trial

    30 Jun 2014 | 9:28 am
    Earlier this year, Governor Dayton signed Senate File 2322 into law, an amendment to the Minnesota Human Rights Act, ensuring that victims of discrimination or retaliation are entitled to a jury by their peers. The bill provides that victims of discrimination in employment, housing, education or other areas, will have the right to a jury trial in cases brought in state court beginning in August of 2014.Read more about MHRA Amended with Right to Jury Trial
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    Dallas Justice » Criminal Law Blog

  • Ray Rice and When Couples Get Violent: Felony Charges in Dating and Marriage

    Michael Lowe
    10 Sep 2014 | 1:10 pm
    Things exploded on the web this week when published a video caught by a hotel elevator cam of NFL star Ray Rice of the Baltimore Ravens punching his fiance (now his wife) Janay Palmer so hard that she fell unconscious to the floor of the elevator. Things only got worse as the video shows Rice dragging Palmer out of the elevator and leaving her laying there, her legs still halfway in the elevator, her torso laid out on what appears to be lobby floor. Baltimore Ravens’ Ray Rice Watch the video here. It’s a shocking bit of footage, and it’s caused all sorts of reaction in this…
  • Texas Police Can Get Your Phone Records From Phone Company Without a Warrant: Ford v. State

    Michael Lowe
    3 Sep 2014 | 2:06 pm
    This week, there’s lots of concern about cell phone security and phone privacy rights. Why? Thousands of celebrity nude photos have been posted online by a hacker for all to see (with the promise of more to come). Now the FBI has begun investigating how the cell phone pix were stolen (hacked) from private accounts on the cloud and published. Over 100 celebrities like Jennifer Lawrence and Kate Upton are said to be victims of their private phone data being accessed by a stranger. Criminal charges may be made against the hacker in this case, if he can be found. Meanwhile, what’s not making…
  • Marijuana Tourism and Texas: The Lesson of Jacob Lavoro

    Michael Lowe
    27 Aug 2014 | 12:26 pm
    As marijuana product lines flourish and recreational marijuana is legalized in nearby Colorado, what does it mean to Dallas? Serious charges in you’re caught with pot in any form: Texas law has not changed. Today, nineteen year old Jacob Lavoro and his family got some great news: the Williamson County District Attorney decided to drop the 1st Degree felony drug charges that were filed against Lavoro. The national news coverage of the two-count indictment against the teenager over some hemp oil brownies may have influenced things here. The petition presented to the prosecution, with over…
  • The Mike Brown Law: Will Police Be Required to Wear Body Cameras?

    Michael Lowe
    20 Aug 2014 | 1:48 am
    As the events in Ferguson, Missouri, continue to unfold, a proposed new law is being advanced for all law enforcement in this country, the “Mike Brown Law.” It would require all police officers to wear a camera as part of their uniform, so all their actions on the job would be recorded. Image: The Prima Facie® Body Camera by SafetyVision The campaign for the “Mike Brown Law” has already gathered over 100,000 signatures on a petition at in the past five days. Here is the full language of the petition: WE PETITION THE OBAMA ADMINISTRATION TO: Mike Brown Law. Requires all…
  • Prosecutorial Misconduct in Texas: Continuing Injustice

    Michael Lowe
    13 Aug 2014 | 11:38 am
    For criminal defense lawyers in Texas, the idea that prosecutors are human and sometimes do very bad things isn’t news. It’s something to be monitored during every case and almost every day you ask yourself the question: is the prosecutor trying to pull a fast one here? Real life isn’t like TV shows, albeit even Law & Order’s Jack McCoy was known to push the edge of the envelope. List of Reported Cases of Texas Prosecutorial Misconduct However, it is becoming more and more shocking just how many Texas prosecutorial misconduct cases are being reported in the news media these days.
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    South Florida Personal Injury Lawyers Blog

  • Florida Appeals Court Refuses to Limit Discovery Regarding Doctor’s Relationship With Law Firm in Car Accident Negligence Case: Brown v. Mittelman

    Friedman, Rodman & Frank, P.A.
    5 Sep 2014 | 9:08 am
    In Brown v. Mittelman, a plaintiff who was injured in a car accident sought medical treatment from a physician following the collision. The plaintiff’s attorney apparently referred the plaintiff to the medical provider. In addition, the doctor reportedly treated the plaintiff under a letter of protection agreement. Such an agreement is generally used to help an injured person pay for medical care they would not be able to afford otherwise. In many cases, a letter of protection is sent to a medical provider by a plaintiff’s attorney who agrees to remit payment for services following an…
  • Tampa Federal Court Refuses to Sever Bad Faith Claim Against Insurer From Underlying Lawsuit: Jirau v. Wathen

    Friedman, Rodman & Frank, P.A.
    2 Sep 2014 | 11:39 am
    The Middle District of Florida has refused to sever a bad faith insurance claim filed against an automobile insurance company from the underlying negligence action. In Jirau v. Wathen, a man was hurt in a Brandon traffic wreck. Following the crash, the man filed a negligence lawsuit against the allegedly at-fault driver in state court. He also sought underinsured or uninsured motorist coverage from his vehicle insurer. In addition, the man accused his insurance company of acting in bad faith when settling his claim. After the man filed his lawsuit, the insurer successfully removed the case to…
  • Orlando Federal Court Refuses to Remand Underinsured Motorist Claim Back to State Court: Stephenson v. Amica Mutual Insurance Co.

    Friedman, Rodman & Frank, P.A.
    28 Aug 2014 | 10:15 am
    In Stephenson v. Amica Mutual Insurance Co., a man suffered permanent physical injuries when he was struck by an automobile while riding his bicycle. Following the collision, the man filed a demand letter seeking $100,000 in damages with the provider of his underinsured-motorist coverage. After the injured man’s automobile insurance company denied his claim, he filed a lawsuit in a Florida court against the insurer and the driver who struck him, seeking more than $15,000. In response, the automobile insurance company filed a number of discovery requests that the injured man apparently…
  • Florida Appeals Court Affirms Judgment in Premises Liability Case Where Property Owner had No Actual or Constructive Notice of Dangerous Condition: Walker v. Winn-Dixie Stores, Inc.

    Friedman, Rodman & Frank, P.A.
    25 Aug 2014 | 10:14 am
    In Walker v. Winn-Dixie Stores, Inc., a woman claimed that she was hurt when she fell on a wet floor while visiting a Florida grocery store. According to the woman’s complaint, she was accompanied to the store by a disabled friend who utilized an electric cart in order to shop. Following the 30-minute shopping trip, the woman apparently returned her friend’s scooter to the store while he waited in her vehicle. As she was returning the electric cart, it apparently began to mist rain outside. About one minute after the woman returned the scooter, she was allegedly injured when she slipped…
  • Middle District of Florida Rules in Favor of Insurer Where No Meeting of the Minds Occurred in Rescinded Settlement Offer: Goodman v. SAFECO Insurance Co. of Illinois

    Friedman, Rodman & Frank, P.A.
    21 Aug 2014 | 9:31 am
    In Goodman v. SAFECO Insurance Co. of Illinois, an insurance company provided bodily injury and other automobile coverage to a woman whose vehicle was involved in a 2012 traffic wreck. Immediately prior to the collision, the owner of the insured vehicle apparently allowed another individual to drive her car. Unfortunately, the man who borrowed the vehicle was involved in an accident while he was operating the insured auto. Following the collision, a plaintiff who was allegedly hurt in the traffic wreck filed a personal injury claim seeking $200,000 from the owner of the vehicle’s insurance…
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    Massachusetts Social Security Disability Lawyers Blog

  • Scrogham v. Colvin - Multiple Ailments in SSDI Case

    14 Sep 2014 | 3:58 am
    Unless an applicant seeking Social Security disability insurance benefits has a listed condition with severity that is recognized by the administration, he or she can expect to fight in order to secure benefits. This does not mean one is ineligible. It just means the determination is sometimes subjective, and the help of an experienced SSDI attorney in Boston can make all the difference. What we know for sure is that in some cases, a person may suffer from a multitude of ailments that, individually, would not meet the high bar of proof necessary to show benefits should be awarded. However,…
  • New Study Alleges Heavy Pot Use Leads to Disability Later in Life

    12 Sep 2014 | 9:24 am
    In a story from Fox News, a new study may be able predict disabilities later in life for teens who frequently smoke marijuana. The Swedish study examined males who smoked marijuana when they were 18-years-old. The results indicated that those who heavily smoked marijuana at age 18 were more likely to end up as recipients of government disability by age 59. The article goes on to note that the study used answers to questions about how often draftees used marijuana when entering military service. In Sweden, every male is required to join the military at age 18 if physically able to serve, so 98…
  • Goins v. Colvin: One Appellate Judge's Look at How Things Work at the SSA

    8 Sep 2014 | 9:30 am
    Our Massachusetts Social Security Disability Insurance (SSDI) lawyers understand the importance of keeping up with recent appellate decisions in this area of law. More than a few of the blog entries we have written involve decisions from the U.S. Court of Appeals for the Seventh Circuit. Those decisions have often taken the side of the claimant who applied for benefits and were often very critical of the Administrative Law Judges (ALJs) who denied the SSDI claims at issue. On this appellate court sits Judge Richard Posner, who appears to be leading the charge against the denial of disability…
  • Moon v. Calvin: Five-Step Analysis in Determining a Disability

    4 Sep 2014 | 9:17 am
    Moon v. Calvin, a case from the U.S. District Court for the Seventh Circuit, involved a claimant who was 26-years-old at the time she filed for Social Security Disability Insurance (SSDI) benefits. She is a mother who has worked in the past as a cashier, bank employee, and as a nursing assistant. As your Boston disability lawyer understands, being disabled can mean different things to different people. This claimant had a long history of health problems, including joint problems, back pain, sleep apnea, and migraines, and she also suffers from depression. According to doctors, most of her…
  • Glenn v. Comm'r of Soc. Sec.: The SSDI Benefits Claim Appeals Process

    3 Sep 2014 | 2:10 pm
    In Glenn v. Comm'r of Soc. Sec, an appeal from the U.S. Court of Appeals for the Sixth Circuit, the claimant was severely injured in a 2007 car accident. She now suffers from a degenerative disk in her spine, a traumatic brain injury (TBI), dizziness, memory loss, and tendonitis. She also has major depression, slow thought process, hallucinations, and a variety of other psychological conditions, including homicidal idealizations. She also has a chorionic skin condition that causes cysts in her groin area that often makes it difficult for her to walk. She applied for Social Security Disability…
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    Austin Immigration Lawyer Blog

  • Number of Families and Unaccompanied Children Crossing US-Mexico Border Declining

    9 Sep 2014 | 3:42 pm
    For the better part of 2014 the southern border of the United States was being inundated with unaccompanied minors crossing over into the country, many of them having made the unimaginably long and arduous trek from Central American countries through the Mexican desert. But over the last two months there has been a gradual decline in their numbers, according to officials at the US Department of Homeland Security. The announcement, which came this week, stated that the number of youth immigrants who have crossed the US-Mexico border without adult accompaniment is the lowest it has been since…
  • Obama's Broken Immigration Reform Promises Frustrating Immigrants

    7 Sep 2014 | 3:32 pm
    President Barack Obama has made no attempt to hide the fact that he is keen on delaying moving forward on immigration reform for the foreseeable future; at least until after the November elections and in all likelihood until 2015. Advocacy groups on both sides of the immigration argument have expressed their frustration with the delay but perhaps none have been more flustered than the immigrants themselves; those who are directly affected by his indecision. The lack of movement on reform indeed has an impact on every illegal immigrant in the United States but it particularly affects those who…
  • Deportation Settlement Gives Opportunity to Mexican Nationals

    27 Aug 2014 | 6:50 am
    Nine migrants from Mexico who were sent back to their home country voluntarily from the United States have been informed that they will be given the opportunity to argue against their deportations in a US immigration court. The announcement comes as part of an agreement that was established this week involving the American Civil Liberties Union, the US Customs and Border Protection (CBP), and the US Immigration and Customs Enforcement (ICE). The migrants had their case argued for them by the ACLU who made allegations against officials from both immigration agencies that they were intimidated…
  • White House Delays on Immigration Won't Stop Supporter Efforts

    25 Aug 2014 | 8:54 am
    President Obama has received an inordinate amount of pressure in recent weeks regarding what advocates feel is a much needed and long overdue immigration overhaul. Said advocates made promises last week to continue to pressure the White House to take decisive and definitive action to revamp immigration policy after indications were made by officials that deportation policy changes may be postponed until after the elections in November. Such sentiments have not gone over well with immigration supporters and many have made it clear that they want the President to "stop the deportation of our…
  • Travel Management Company Settles With DOJ Over Citizenship Status Claims

    22 Aug 2014 | 1:43 am
    A private airline charter company in Indiana agreed to settlement terms with the United States Department of Justice regarding claims that the company violated the Immigration and Nationality Act. Travel Management Company was accused of discriminating against individuals based on their citizenship status by maintaining a US citizenship requirement in certain of its job postings. The DOJ conducted a thorough investigation into the matter and found that TMC maintained the requirement for prospective pilots despite never being authorized by any law, government contract, or other official…
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    Health Care Law Blog

  • Affordable Care Act Expansion of Community Health Centers: Endeavoring to Ensure Insurance "Coverage" Equates to Health Care "Access"

    29 Aug 2014 | 7:34 am
    A premise of the Affordable Care Act (ACA) is to provide "affordable coverage" to more Americans with the idea being that newly insured individuals and families will have enhanced "access" to quality health care. Whitehouse Policy Snapshot. Particularly important is access to primary care, the means by which millions of Americans can obtain preventive care and better wellness as a way to avoid more expensive health care treatment in, for example, an emergency room. Following enactment of the ACA, there has been a strong push for previously uninsured Americans to obtain insurance via the new…
  • Health Care Fraud Report: Recent Federal Indictment of Cardiologist for Alleged Overbilling of Medicare

    23 Aug 2014 | 4:33 am
    On August 21, 2014, the United States Attorney for the Northern District of Ohio, Stephen D. Dettelbach, together with representatives of the FBI and OIG, announced the indictment of a Westlake, Ohio Cardiologist for alleged health care fraud. The cardiologist is alleged to have overbilled Medicare and private insurers by approximately $7.2 million. About $1.5 million of the alleged overbillings was actually paid. Alleged Medicare Fraud The indictment alleges that Dr. Harold Persaud, board certified in internal medicine and cardiovascular disease, maintained a private medical practice in…
  • Medicare Issues for Direct Pay and Concierge Practices

    14 Aug 2014 | 9:04 am
    The strain of health care reform and third-party-payer bureaucracy will likely continue to push physicians towards non-traditional business models for practicing medicine. This is especially true for non-specialists. As the trend of physicians to find viable practice model alternatives grows, it is widely expected that the number of direct pay and concierge physician practices will increase significantly. Atlanta Medical Practice and Health Care Law Firm Our health care law practice is particularly interested in direct pay and concierge medicine legal issues. While the particulars may vary,…
  • Medicare Fraud: Federal Strike Force Brings Nationwide Charge Against 90 Individuals

    31 Jul 2014 | 10:27 am
    As part of the Centers for Medicare and Medicaid Services' (CMS) continued efforts to combat Medicare fraud, federal charges were recently brought against 90 individuals across the nation for false billings to Medicare, totaling $260 million dollars. These charges were the result of a collective task force comprising federal, state, and local agencies and the use of data analysis and increased community awareness. This takedown marks the seventh national takedown conducted by the federal Medicare Fraud Strike Force. The goal of the Medicare Fraud Strike Force is to protect taxpayer resources…
  • Healthcare Whistleblower Claims Based on Self-Referral Arrangements

    17 Jul 2014 | 12:23 pm
    Two federal laws regulate referrals and financial arrangements between healthcare providers and facilities - Stark Law and the Anti-Kickback Statute.1 These laws have recently been at the center of important healthcare whistleblower fraud cases. While both serve the same essential purpose - to eliminate improper financial incentives that interfere with independent medical judgment and good patient care - they do so in slightly different ways and contexts. Stark Law (also known as the "Ethics in Patient Referrals Act") prohibits physician referrals of specified or "designated health services"…
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    Pleasanton Business & Commercial Law Blog

  • Judge Rules that NCAA Rules Restricting Football and Basketball Players' Compensation Violate Antitrust Law

    15 Sep 2014 | 11:24 am
    A federal judge in Oakland, California ruled in favor of a class of college athletes in a lawsuit against the National Collegiate Athletic Association (NCAA), finding that certain NCAA rules limiting compensation paid to players violated federal antitrust laws. O'Bannon, et al v. NCAA, No. 4:09-cv-03329, FFCL (N.D. Cal., Aug. 8, 2014). The dispute centered around the use of players' likenesses by the NCAA and the Collegiate Licensing Company (CLC), which handles trademark licensing and marketing for the NCAA, without obtaining players' permission or compensating them. The NCAA has faced…
  • Why Businesses Should Resist Any Temptation to Create Fake Online Reviews

    29 Aug 2014 | 1:34 pm
    Consumers rely on online reviews to a significant degree in making decisions about products and services. Websites like Yelp host reviews for thousands of businesses and are visited by millions of users. Whereas reviews of businesses were once primarily left to professional writers, the internet has enabled nearly anyone with an internet connection to post information about their experiences. These reviews can have a direct impact, positive or negative, on a business' revenue. In this environment, some businesses may try to boost their own online standing by posting positive reviews about…
  • Benefit Corporations Enable California Business Owners to Serve the Public Good

    15 Aug 2014 | 4:52 pm
    The "one and only social responsibility of business," according to the Nobel Prize-winning economist Milton Friedman, is "to increase its profits so long as it stays within the rules of the game." Making money is the goal is just about any for-profit business, but a common criticism of much of American business is that acting to serve its own ends often fails to benefit society. Some business owners, in addition to making a profit, might want to work towards goals that have a social, economic, or environmental benefit. Several states, including California, have enacted laws allowing the…
  • Ninth Circuit Rules in Favor of Video-Rental Company in Lawsuit Alleging Violations of California Privacy Law

    31 Jul 2014 | 1:02 pm
    New technologies are automating some transactions that once involved a customer and a merchant meeting face-to-face. As always, the law is not quite keeping pace with the latest developments, which leads to conflicts that the courts must resolve. California's Song-Beverly Credit Card Act, Cal. Civ. Code § 1747 et seq., protects consumers in part by prohibiting anyone accepting credit card payments from requiring disclosure of personal information. This has applied to in-person credit card transactions for years, but courts have recently ruled that it does not apply to certain online…
  • Use of a DMCA Takedown Notice to Enforce a Trademark Could Expose California Business to Sanctions

    15 Jul 2014 | 1:13 pm
    A California business, alleging that a Facebook page infringed its trademark, sent a takedown notice under the Digital Millennium Copyright Act (DMCA) to Facebook. It then filed suit in federal court against the blogger who created and maintained the page. The blogger filed a counterclaim, alleging in part that the use of a DMCA takedown notice in a trademark claim was materially false, and that the business was therefore liable for damages. A federal judge ruled earlier this year that the blogger had stated a plausible claim and denied the plaintiff's motion to dismiss that part of the…
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  • Nassau County Speed Camera Locations Revealed

    Matthew Weiss
    4 Sep 2014 | 1:22 pm
    Nassau County recently launched its speed cameras program.  In total, 56 speed cameras will be installed by October, one in each of Nassau’s school districts.  Nassau County Executive Edward Mangano predicts that the cameras will generate an estimated $25+ million each year. By law, the cameras can only operate during public school hours (plus an hour before and after school) along with a half-hour before, during and after school events.  Each violation of 10 mph or more over the posted speed limit will carry a $50 fine, and there will be a $25 penalty for failure to pay (meaning a…
  • New York’s Red Light Camera Fines Among The Lowest In Country

    Matthew Weiss
    20 Aug 2014 | 6:45 am
    While no one likes receiving a red light camera ticket, there is one good thing about them.  In New York, they carry one of the lowest fines in the county … $50.00.  Compare this figure to other states in the chart below.   The other goods news is that they carry 0 points and do not affect your insurance rates. With that said, disobeying a red light is a very dangerous violation.  Motorists depend on other drivers to obey lights so that they can enter intersections without fear of being T-boned.  So whenever you approaching a changing light, err on the side of caution for…
  • Can An Out-Of-State Driver Take New York’s Driver Safety Class?

    Matthew Weiss
    6 Aug 2014 | 6:50 am
    We recently had a Florida resident that completed the New York defensive driving course.  He had a point problem in New York and, therefore, wanted to ensure that he received the appropriate credit for the class (i.e., that he received 4 points off his NY record). Our law office contacted the course provider who advised it will notify DMV only if the person has a New York Motorist ID number.  The trick is that, for an out-of-state motorist to have a New York Motorist ID number, he or she must first be convicted of, at least, one moving violation.  Upon conviction to a first offense,…
  • Nassau County Launches Speed Camera Program

    Matthew Weiss
    29 Jul 2014 | 6:43 am
    Last week, Nassau County started installing speed cameras within local school zones.  The first three schools to receive these devices are Plainedge Middle School in Bethpage, Dutch Lane Elementary in Hicksville and Abbey Lane School in Levittown.  All three schools (which are open for summer school), each received a “mobile unit” — an unmarked van equipped with two cameras and a radar machine. In total, 56 speed cameras will be installed by October, one in each of Nassau’s school districts.  Nassau County Executive Edward Mangano predicts that the cameras will…
  • (Traffic) Trial By Combat

    Matthew Weiss
    28 May 2014 | 6:38 am
    I’m a big Games of Thrones fan and am excited to see how Tyrion’s “trial by combat” works out this week.   I therefore could not resist sharing one motorist’s attempt to resolve his case using this ancient Medieval procedure. Accordingly to Wikipedia:  Trial by combat is “a method of Germanic law to settle accusations in the absence of witnesses or a confession in which two parties in dispute fought in single combat; the winner of the fight was proclaimed to be right. In essence, it was a judicially sanctioned duel. It remained in use throughout the…
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    Spencers Solicitors Blog

  • 20 mph residential road limit: hindrance or life saver?

    Spencers Solicitors
    12 Sep 2014 | 6:43 am
    August marked the start of Manchester's switch to 20 mph speed limits across many of its residential areas. One third of the city's roads, equalling over 1,100 streets and 111 miles, have been turned into 20 mph zone's, with the possibility that all of Manchester's residential areas will follow suit. Along with similar actions around the UK, this move has left people wondering if a 20 mph limit should be in place on every residential road in the country. Safety is key The main argument for the reduced speed limit is that it increases road safety in areas where people live. By reducing vehicle…
  • Breaking down the myths of 'Compensation Culture'

    Spencers Solicitors
    5 Sep 2014 | 3:55 am
    With sensational headlines such as 'compensation-itis' and 'compensation culture out of control', we are likely to have caught wind of the 'compensation culture' sweeping across Britain. But are these headlines simply fuelling a backlash against a misconception, and is there any hard evidence to back up the existence of a compensation culture? Many believe the tendency to claim compensation stems from the USA where large damages payouts and expensive law suits have made headlines for years. In Britain, a rise in solicitors publicly offering American style 'no win no fee' services have often…
  • Spencers Solicitors shortlisted for Law Society Excellence Award

    Spencers Solicitors
    28 Aug 2014 | 1:57 am
    Law firm Spencers Solicitors has been shortlisted as a finalist in the prestigious Law Society Excellence Awards, beating competition from across the UK. Spencers, whose offices are located in Chesterfield, Derbyshire were nominated in the category for 'Excellence in Practice Management', and officially confirmed as finalists on 6th August 2014. The category was open to law firms who have achieved the Law Society's Lexcel Accredited status, their practice management standard only awarded to those firms meeting the highest standard of client care, legal case handling and risk management. Out…
  • Which of these common driving habits is illegal?

    Spencers Solicitors
    20 Aug 2014 | 6:40 am
    Most of us are aware of the need to avoid distractions when driving, but many people still find it tempting to use their car journey as a time to grab something to eat or catch up on phone calls. You may be surprised by one survey from 2013 that found nearly 50% of women apply cosmetics when driving, which insurers estimate leads to 450,000 car crashes annually. Police have begun using more covert methods to catch increasingly bizarre acts from those behind the wheel. Through this, one police authority in Hampshire released a video of a lorry driver actually brushing his teeth behind the…
  • London's Cycle Hire scheme: Four years on, what's the verdict?

    Spencers Solicitors
    15 Aug 2014 | 12:35 am
    The Barclays public bike-hire scheme in London, popularly called 'Boris Bikes' after Mayor Boris Johnson and based on a similar Paris model, marks its fourth anniversary this month. As part of the fourth birthday celebrations, on the weekend of August 16-17 there was free cycle hire for 24 hours. Yet has it been an unqualified success? With the sponsorship of Barclays Bank ending next year, and Transport for London currently looking for a new partner, what does the future hold for the scheme? Cycling in London - Statistics Over the last four years membership of the scheme has grown to…
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    White Plains Personal Injury Lawyer Blog


    29 Aug 2014 | 7:57 am
    In an article in USA Today, The Journal News on Friday, August 22, 2014 by Paul Davidson stated existing home sales climbed last month to their fastest pace since September 2013, which is evidence that the housing markets is bouncing back after a sluggish first half of the year. Sales rose 2.4% to a seasonally adjusted annual rate of 5.15 million and has increased for four straight months, according to the National Association of Realtors. The total beat analysts' estimates although sales remain 4.3% below 2013. The Chief Economist, Lawrence Yun attributed the solid sales to growing housing…

    29 Aug 2014 | 7:53 am
    In an article in USA Today, the Journal News on August 10, 2014 by John Siniff relates his own accident with a woman who was on her cell phone. He relates statistics that show how bad things have gotten. About 660,000 drivers in the USA are using hand held cell phones while driving at any moment during day light hours. This number has held steady since 2010. More than half of drivers, 55% admit to using a mobile phone at least some of the time while driving. 3,328 people died in crashes from cell phone usage in 2012 and 421,000 were injured. It is now illegal to text while driving in every…

    12 Aug 2014 | 9:41 am
    In a series of articles, The Journal News has reported in July & August, 2014, a significant increase in job growth. In USA Today, The Journal News on July 31, 2014 published an article "U.S. Economy Gains Steam" after five years of slow growth from the recession ending in 2009. The United States economy is reaching "take off speed". In July, 2014, a number of economic data was released. The nation's economy grew at a 4% yearly rate. The economy's dismal first quarter of 2014, battered by winter, was less of a disaster than first reported. The private sector added more than 200,000 jobs for…

    7 Aug 2014 | 1:47 pm
    We wrote about the real estate market on July 14, 2014 noting the news was mixed. We have now received the results of the second quarter, April through June, 2014 and the news is not good. In an article in the Westchester Business Journal by John Golden, he writes "winter costs chill on regions house sales". The second quarter housing sales in Westchester and the lower Hudson Valley showed a double digit decline from the second quarter of 2013. The Hudson Gateway Multiple Listing Service reported 3195 closing on residential properties in the second quarter across Westchester, Putnam, Rockland…

    29 Jul 2014 | 10:25 am
    A number of news articles since the beginning of June, 2014 have been published pointing out the fall of the unemployment rate. In the Westchester County Business Journal on June 2, 2014, an article was written about unemployment rates falling. The article is entitled "April unemployment below 5% in Westchester". Seven counties in the Hudson Valley Region reported the unemployment rate fell to 4.8%, the lowest level for April in 6 years. Only Long Island had a lower rate of unemployment at 4.5%. Unemployment in the Hudson Valley in April was down from 6% in March, 2014 and 6.4% in April,…
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    Pinellas County Florida Criminal Lawyer Blog

  • Police Officer’s Failure to Return ID, Wallet Changed Encounter from Voluntary to Unlawful Detainment

    Pawuk & Pawuk, P.A.
    12 Sep 2014 | 9:04 am
    In any criminal trial, the state can present only the evidence that it seized lawfully. If a police officer conducts a warrantless search without reasonable suspicion that the person he or she is searching has done something wrong, that is an illegal search, and anything discovered as part of that search is inadmissible at trial. Since a police officer failed to follow the rules in his encounter with a teenage pedestrian, the 2d District Court of Appeal recently decided that the drugs the officer located in the teen’s pants pocket were illegally obtained and should have been excluded…
  • Appeals Court Rejects State’s Overcharging Man Who Solicited Teen for Sex

    Pawuk & Pawuk, P.A.
    5 Sep 2014 | 9:41 am
    A man charged with attempted sexual activity with a minor successfully appealed his conviction because the state charged the man with the wrong crime. The man’s act of verbally offering a teenage boy money for sex possibly amounted to an illegal act, but it was not enough to show a criminal attempt. Verbal invitations to have sex, by themselves, are not sufficiently overt acts to meet the legal standard for criminal attempt and, since the state’s proof consisted only of a verbal offer, the 2d District Court of Appeal ordered the reversal of the man’s conviction. Roberto…
  • Trial Court Erred in Setting Aside Alleged Robber’s Negotiated Plea

    Pawuk & Pawuk, P.A.
    22 Aug 2014 | 9:16 am
    One of the important elements of the criminal justice system is the ability of attorneys for the prosecution and attorneys representing the accused to engage in negotiations to settle the outcome of the case. Once a trial court accepts a negotiated plea arrangement, it may set aside that adjudication and sentence if legal cause exists, which occurs only in very narrow circumstances. In the case of one man accused of robbery, a Pinellas County trial court set aside the man’s negotiated plea without proper legal cause, leading the 2nd District Court of Appeal to reverse the ruling. Cortez…
  • Meth Evidence Collected in Illegal Florida Traffic Stop Was Inadmissible, Leads to Reversal of Conviction

    Pawuk & Pawuk, P.A.
    18 Aug 2014 | 7:42 am
    When encountering people they believe have committed crimes, police officers often become keenly aware of traffic offenses. That’s because even the most minor of offenses creates a valid reason to pull over that person’s vehicle. Without that traffic offense, the officer needs some other well-founded reason why he or she believes that person was doing something criminal. If the officer stops a car without either of these things, the stop is illegal, and anything discovered during the stop is inadmissible evidence . This aspect of search and seizure law was on display in the 2d…
  • Pasco Sheriff has your medical records

    Pawuk & Pawuk, P.A.
    30 Jul 2014 | 10:14 am
    In a case that’s been ongoing since 2011, the State of Florida is prosecuting Dr. William Crumbley for allegedly running a non licensed pain management clinic, a third degree felony.  The State alleges that Dr. Crumbley wrote over 14,000 prescriptions for pain pills in a three year span. Dr. Crumbley was previously barred by Medicaid for writing too many perscriptions, however, refused a settlement agreement to stop writing prescriptions.  In order to prosecute Dr. Crumbley, the Pasco County Sheriff’s Office sent undercover officers into his clinic to obtain prescriptions for…
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    Oakland Employment Lawyer Blog

  • Protestors Gather in San Francisco’s Apple Store to Protest Employment Practices

    Liberty Law
    15 Sep 2014 | 4:38 am
    Late last month, protestors gathered at Apple’s flagship retail store in San Francisco. Roughly 50 protestors staged a sit-in inside the store for an hour. The protestors were able to block the main entrance, forcing customers to enter through a side door.  Twelve of those who were gathered were arrested for unlawful assembly. The protestors reportedly belong to the Service Employees International Union (SEIU), which claimed that Apple regularly underpays its contractors, including security guards. It also claimed that Apple hires contractors for part-time jobs in order to avoid paying…
  • Discrimination against Muslims in California Increasing

    Liberty Law
    12 Sep 2014 | 8:09 am
    A report released late last month from the California offices of the Council on American-Islamic Relations (CAIR) reported that discrimination against Muslims in California is on the rise. Muslims reported 933 instances of discrimination to CAIR during 2013, which is up from 854 complaints in 2012. Of those complaints, 282 were from the San Francisco Bay area. The largest percentage of complaints came from individuals who claim they were discriminated against in some aspect of employment. Complaints about FBI and other law enforcement agencies were a close second. Some of the complaints did…
  • Marijuana-Impaired Drivers Pose a Danger to other Vehicles

    Liberty Law
    8 Sep 2014 | 12:07 pm
    As some western states liberalize their marijuana laws, there has been a lot of concern among public officials and safety advocates that there will be more drivers high on pot, which will result in a big increase in traffic deaths. Just last week, a New York teen who smoked marijuana, went driving with four friends, and later hit a tree, killing all four friends was convicted of vehicular homicide and was sentenced to between five and 15 years in prison. However, currently it’s unclear whether a rise in recreational marijuana use will translate into an increase in traffic accidents. Studies…
  • What can I do if I or a loved one was injured by a vaccine?

    Liberty Law
    4 Sep 2014 | 11:17 am
    Vaccines have been a wonderful scientific advancement for millions of people in the U.S. For many people, vaccines have helped to prevent common illnesses, such as measles, polio, diphtheria, and many more, that killed and injured thousands of people just a few decades ago. However, for some people vaccines can be deadly. They may have a serious reaction to the vaccines which results in a serious handicap or even death. Others may have minor reactions to the vaccines that go away quickly. For many people who are affected by vaccines, they may not know that they will have a reaction to the…
  • Yahoo Fighting Sexual Harassment Allegations

    Liberty Law
    1 Sep 2014 | 11:15 am
    Yahoo, based in the San Francisco area, is currently in a heated battle over allegations of sexual harassment. In many sexual harassment cases, the company will quietly settle the charges in order to avoid bad publicity, but in this case both sides are aggressively fighting. A former female software engineer for Yahoo is alleging that her female boss slipped into her bed and coerced her into having sex, and threatened her job and her future if she refused. This incident occurred in 2013, after Yahoo acquired a Seattle startup company, which was started by the defendant. The company’s five…
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    Sonoma County Criminal Lawyer Blog

  • Mysterious Vigilantes Destroying Marijuana Crops and Threatening Growers

    4 Sep 2014 | 10:48 am
    Recently in Mendocino County, a number of accounts have surfaced that a group of unnamed men have been dropping from helicopters into marijuana fields and destroying the crops and threatening the growers. According to a report by the Press Democrat, more than 100 people recently attended a meeting with Mendocino County Sheriff, Tom Allman, about the mystery men. Some are suggesting that the men are a part of a drug cartel that is attempting to decrease the supply of marijuana in order to keep prices for the crop high. Others are suggesting that it may be a group of people who, for one reason…
  • Four Men Arrested After Authorities Bust Marijuana Growing Operation

    18 Aug 2014 | 1:48 pm
    Earlier this month in Austin Creek State Recreational Area, park rangers and Fish and Wildlife officers busted four men in relation to a small-to-medium-sized marijuana grow operation. According to a report by the Press Democrat, park rangers' suspicions arose when they noticed unusual materials around the park, including empty food containers, sleeping bags, lawn chairs, and empty ammunition casings. Evidently, five men were involved in the illegal grow operation that took place in a very remote part of the State Park. Authorities say that the operation was so remote that it was not in a…
  • Three Men Arrested in Santa Rosa Drug Bust

    4 Aug 2014 | 8:43 pm
    Earlier this month in Santa Rosa, two men were arrested on drug charges when officers stopped their vehicle near Coddington Mall. According to a report by, as part of the arrest, officers executed search warrants on the home where the men lived. Once at their home, officers uncovered a large supply of drugs and other evidence of drug dealing, including: 2.8 pounds of methamphetamine, 1.1 pounds of cocaine, 13.9 pounds of marijuana, 19 marijuana plants, and $14,000 in cash and three vehicles. Law enforcement estimates the street value of the methamphetamine alone was over $20,000.
  • Northern California Man Charged for Starting Wildfire While Growing Marijuana

    18 Jul 2014 | 10:38 am
    Earlier this month, a 27-year-old man was charged with marijuana cultivation and with recklessly starting a fire in northern California. According to a report by the Guardian, the man's farm in Shasta County caught fire when the exhaust from his truck sparked some dry grass, igniting the entire field. Evidently, the fire has reached a size of up to 3,000 acres and has required the assistance of over 1,000 emergency firefighters. As of Sunday, July 13, the blaze was only 10% under control. Currently the fire is threatening 15 homes and dozens of other structures. Many residents were forced to…
  • Cannabis Cup Comes to Santa Rosa Fairgrounds

    10 Jul 2014 | 7:21 pm
    Just last week, High Times Magazine hosted its annual "Cannabis Cup" at the Santa Rosa fairgrounds. The event, which one report claimed brought in over 5,000 people, was a two-day event celebrating all things cannabis. From cannabis ice cream and other baked goods to hash oil and high-end new strains of marijuana, the Cannabis Cup brought together marijuana enthusiasts from all over the state. Those with medical marijuana cards were able to sample the hash oils and new strains in various tents around the fairgrounds. Some vendors who attended the Cup told reporters that the California…
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    Traffic Law Stop's Blog » Traffic Law Stop's Blog

  • Missouri School Bus Laws

    Casey Coats
    2 Sep 2014 | 4:05 pm
    It’s back to school season, and that means we will be seeing school buses on the road. Below we outline school bus passing laws in Missouri. When red lights are activated: 2 lane road: all drivers must STOP. 2 lane and a turn lane (3 lanes): all drivers must STOP. 4+ lane road: all drivers going the same direction with the bus must STOP, drivers travelling opposite direction of bus should KEEP DRIVING. According to the National Highway Traffic Safety Administration, over the past 10 years 44 children and teens in the U.S. were killed in school zones travelling to or from school. Did…
  • Ellisville Buys Body Cameras for Police Officers

    Casey Coats
    27 Aug 2014 | 3:35 pm
    The Ellisville, Missouri police department has begun purchasing body cameras for all of its police officers. The Saint Louis suburb had been planning on getting cameras for all officers, but the Ferguson riots and Michael Brown shooting made Ellisville expedite the process. There are different styles of body cameras for police officers, but they all serve the same purpose. The cameras are attached to the front of the officer and can record all officer interactions with the public. The body cameras will be used along with the dash board cameras Ellisville officers already have. “Most of our…
  • Are The Police Allowed To Lie?

    Casey Coats
    27 Aug 2014 | 2:16 pm
    Most people have heard the rumor that if you ask an undercover cop if they are a police officer they must tell you.  This is simply not true. Police are allowed to lie to you. Police officers can lie to people during an investigation. They can lie about being an undercover cop, they can lie about information they have (or don’t have) on you. Cops can lie about what other suspects said. For example, a police officer can tell a suspect that their friend admitted to everything when in fact the friend confessed nothing at all. Cops can lie to you to get information out of you. For example,…
  • Michael Brown Protesters Damage Police Vehicles, Loot Quiktrip

    Casey Coats
    10 Aug 2014 | 8:08 pm
    The peaceful vigil for slain teen Michael Brown turned violent tonight, with protesters damaging police and news vehicles, and looting a Quiktrip. The incidents are occurring at West Florissant and Ferguson Avenue. Update 9:31 am: Photos of the riot damage. Update August 11th 12:36am: Civilian injured by looters at Ferguson Taco Bell, and a liquor store is being looted right now. Update 11:50pm: Police are now stationed at the Wal-Mart on W. Florissant to protect it from looters. SWAT reinforcements arrive. Estimate 400+ police now in Ferguson. SWAT reinforcements arrive. Estimate 400+…
  • Ferguson Police Officer Shoots & Kills Teen

    Casey Coats
    10 Aug 2014 | 12:40 pm
    On Saturday, a Ferguson police officer fatally shot an unarmed teen named Michael Brown. Michael Brown, 18, was shot at approximately 2:15 p.m. in the 2900 block of Canfield Drive. Many witnesses said that the teen was trying to flee when the officer shot him. Angry residents screamed obscenities mixed with threats to the police. More than 60 area police officers responded to the crime scene. After the protests, community members held a candlelight vigil for the slain teen.The next day demonstrators swarmed the streets again, while police officers with assault rifles stood nearby. The…
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    Tampa Bay Injury Attorney Blog

  • 8 Injured at Hard Rock in Tampa after Temporary Wall Falls Over

    Whittel & Melton, LLC
    15 Sep 2014 | 1:35 pm
    According to authorities, eight people were injured at the Hard Rock Hotel & Casino on Friday night when a construction wall gave way. Three of those injured were transported to area hospitals for treatment, according to Hillsborough County Fire Rescue. One man apparently suffered a broken arm when the wall fell around 11 p.m. Crews had bolstered up a 12- to 15-foot high temporary wall to separate an open section of the casino area from a high-limit slot room that is currently under construction. In between was a walkway. The wall fell down striking some people on the walkway. A witness…
  • AGAIN?? Three Killed in Wrong-Way Crash on I-275 in Tampa

    Whittel & Melton, LLC
    10 Sep 2014 | 12:11 pm
    A wrong-way driver and her two passengers were killed in a head-on collision with a gasoline tanker truck on Interstate 275 just south of Bearss Avenue early Sunday. This is the fourth fatal wrong-way crash on I-275 in Tampa this year that has happened just before sunrise. The Florida Highway Patrol believes a 2013 Honda sedan was traveling south in the inside lane of northbound I-275 when it crashed into a Gemini Motor Transport tanker that was headed north. Both vehicles came to a halt in the northbound lanes. The car’s driver, along with another woman in the front passenger seat and…
  • St. Petersburg Accident Shows Important Lesson for Boaters

    Whittel & Melton, LLC
    9 Sep 2014 | 10:48 am
    Boating is a popular and enjoyable activity here in the Tampa Bay area, but it is also a pastime filled with accidents as well. If you find yourself hurt or injured while boating due to someone else’s negligent or careless actions, it is worth speaking to a Boating Accident Injury Lawyer at Whittel & Melton about your rights. Three adults were rescued by a Coast Guard crew eight miles west of Bean Point on Anna Maria Island Sunday after their 37-foot boat began taking on water. Coast Guard watchstanders at Coast Guard Sector St. Petersburg received a report around 3:50 p.m. that the…
  • Tips for Cruising Safely: Be Aware of Cruise Ship Crime

    Whittel & Melton, LLC
    26 Aug 2014 | 10:11 am
    Any time a dangerous situation erupts or a catastrophe occurs onboard a cruise ship it makes headline news. However, when a crime happens aboard a cruise line, we do not always hear about it despite the fact that cruise lines are obligated to report all allegations of serious crimes to the FBI. Major cruise lines even post criminal data online for the general public to view. There are some limitations, though. Cruise lines are only required to report theft of items totaling more than $10,000, and assault causing serious bodily injury. While more than 22 million people travel via cruise ship…
  • Motorcyclist Suffers Life-Threatening Injuries in St. Pete Crash

    Whittel & Melton, LLC
    19 Aug 2014 | 11:47 am
    A 54-year-old motorcyclist was seriously injured on Sunday evening after an intersection collision on St. Pete Beach. According to reports, a 54-year-old motorcyclist from Kenneth City was driving a 2008 Harley Davidson motorcycle west on 75th Avenue approaching Blind Pass Road. At the exact same time, a woman driving a 2014 Chevy Cruz was stopped in the left turn lane of east 75th Avenue, partially in the intersection waiting for traffic to clear to turn on Blind Pass Road. As the motorcyclist entered the intersection, the woman made a left turn as the traffic light was turning yellow. The…
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    Minneapolis Personal Injury Law Blog

  • Some interesting Minnesota auto accident statistics

    On behalf of Rischmiller & Knippel LLP
    12 Sep 2014 | 11:23 am
    Minnesota residents are blessed with a Department of Public Safety which takes a proactive approach at reducing motor vehicle injuries and fatalities. As part of that strategy, the Office of Traffic Safety is tasked with maintaining crash data statistics and analyzing it for ways to improve safety on our roads. By understanding why and where those crashes occur throughout the state in addition to how they are impacting our lives, OTS provides law enforcement and other officials the information they need to keep our roadways safe. OTS recently released two major publications concerned with…
  • What a spinal cord injury lawsuit could mean for you

    On behalf of Rischmiller & Knippel LLP
    5 Sep 2014 | 12:17 pm
    As discussed in one of our previous blog posts, spinal cord injuries are a significant problem in the United States. According to 2010 data from the National Spinal Cord Injury Statistical Center, an estimated 40 people out of every million will suffer a SCI this year. That works out to approximately 12,000 individuals suffering from life-altering injuries and joining the ranks of 273,000 other Americans currently living with SCIs. Perhaps the most unfortunate aspect of spinal cord injuries is that many of them were caused by preventable accidents. In fact, that same statistical data reveals…
  • What exactly is a traumatic brain injury?

    On behalf of Rischmiller & Knippel LLP
    29 Aug 2014 | 3:33 pm
    According to the National Institute of Neurological Disorders and Stroke, a traumatic brain injury occurs whenever the brain suffers a sudden trauma causing damage to its tissue. This can result after a person's head receives a sudden and violent blow from an object or after an object pierces a person's skull and damages brain tissue. The severity of TBIs are broken down into three categories; mild, moderate or severe. Of course, these levels depend on the amount of trauma inflicted on the brain. Here are some of the most commonly reported symptoms associated with TBIs: -- Loss of…
  • Nursing home deaths raise medical malpractice concerns

    On behalf of Rischmiller & Knippel LLP
    22 Aug 2014 | 12:43 pm
    The Minnesota Department of Health issued an investigative report on Aug. 22 in which it claims that two Minnesota nursing homes contributed to the deaths of two residents due to inadequate care. This report comes on the heels of growing concerns that the number of reports involving abuse and neglect in Minnesota facilities serving the elderly are on the rise. A report issued last month by the Department of Health indicates that the number of maltreatment complaints in Minnesota nursing homes and assisted-living facilities has grown almost three times in size. In 2010, only 451 of those cases…
  • Information about uterine rupture birth injuries

    On behalf of Rischmiller & Knippel LLP
    15 Aug 2014 | 1:00 pm
    For many Minnesota expectant mothers, there are many choices that need to be decided. Of course, there are those rather mundane issues such as which color to paint the nursery or which style of baby stroller will fit best in the car. However, mothers that have previously given birth via cesarean, also known as a C-section, have a much more difficult choice to make. Will they elect to deliver the baby in the same manner as the previous birth or will they decide on a vaginal birth after cesarean? It's a miracle of modern science that women today even have that choice. Up until recently, it was…
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    Harrison County Personal Injury Law Blog

  • Truck accident kills Texan

    On behalf of Carlile Law Firm LLP
    11 Sep 2014 | 12:11 pm
    Texas roads see a lot of traffic, including cars, SUVs, motorcycles and semi-trucks. With all that traffic on the road, drivers need to drive carefully. The need to drive carefully is doubly true for semi-trucks. That is because semi-trucks are much larger than cars, SUVs and motorcycles. The size disparity means that any accident between a semi and other vehicles can cause serious harm or even death. Take, for instance, a fatal truck accident that occurred recently. According to the Texas Highway Patrol, a Freightliner loaded down with a trailer full of rocks crossed into oncoming traffic…
  • FAQs about defective products

    On behalf of Carlile Law Firm LLP
    4 Sep 2014 | 7:46 am
    Every day, Texans buy and use products. In the morning, they may use an alarm to wake up, a coffee maker to really wake up, a toaster to make breakfast and a car to get to work. And those are just a few of the products the typical Texan uses in the first hour after he or she wakes up. Most of the time these products work as planned, but sometimes they don't. When defective products cause an injury, Texans may have a legal claim. For Texans in such a situation, below are some frequently asked questions. If a product is defective, who can recover? In the past, only people with a contractual…
  • After a car accident - what can you do?

    On behalf of Carlile Law Firm LLP
    29 Aug 2014 | 7:39 am
    Driving is a fundamental part of the average Texan's life. In a typical day, a person may use a car to go to work, get food, run errands and return home. Depending on the commute from home to work and back, Texans can spend a healthy percent of their days in their cars. That many Texans spending so much time in their cars translates into busy roads. Just look at the traffic on Interstate 20 and U.S. Highways 59 and 80. When roads are that busy, things are bound to go wrong on occasion. A tire blows out, an accelerator locks, a driver does not see the car in his or her blind spot. When things…
  • Texas State student sues GM over burn injury

    On behalf of Carlile Law Firm LLP
    21 Aug 2014 | 1:57 pm
    When the weather gets chilly, it can be nice to sit on a heated seat. But a personal-injury lawsuit filed by a Texas State University graduate student suggests sitting in a heated seat may not be as nice as it sounds. The woman claims she was sitting in her friend's 2008 Chevrolet Suburban with the heated seat on. Over time, the seat got so hot that it gave her third-degree burns. Some readers are likely asking themselves why the woman did not turn off the heated seat if it was so hot. The reason is twofold. First, the woman does not have feeling from the waist down so she simply could not…
  • Five tips on what to do right after a car accident

    On behalf of Carlile Law Firm LLP
    13 Aug 2014 | 11:29 am
    Driving is a part of most Texans' daily lives. They go from place to place, confident that they will arrive unharmed at their destination. But not every trip ends in a safe arrival. Unfortunately, every day, Texans find themselves in car accidents. But because such wrecks are an uncommon experience for an individual, most Texans do not know what steps to take at the accident scene. The following tips should help. First, stay at the scene. Leaving the scene could lead to serious criminal penalties, especially if the accident was injurious or fatal. The only exception to this rule is when the…
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    Long Island Bankruptcy Attorney Blog

  • Major New York food distributor files for bankruptcy

    On behalf of Gregory P. Haegele, PLLC
    12 Sep 2014 | 1:54 pm
    Associated Wholesalers Inc., parent company of White Rose Inc., along with several affiliates filed for Chapter 11 bankruptcy protection in September 2014. Under the terms of the bankruptcy, it as well as all of Associated Wholesalers' assets will be sold to C&S Wholesale Grocers Inc. Its potential new owner, C&S, has the 12th largest revenue of a privately held U.S. company. It serves nearly 5,000 stores across the country including major chains like Target, Safeway, Giant, A&P, and Stop & Shop. White Rose Inc. is one of the largest food distributors in the New York City area and has a…
  • Debt management and a high credit score can save you money

    On behalf of Gregory P. Haegele, PLLC
    3 Sep 2014 | 7:19 am
    Many New York consumers may not realize the various ways in which a credit score that is below average can affect them. There are several circumstances that lead to lower credit scores, including high credit card debt and ineffective debt management, and in some cases, the financial difficulties of people whose income is simply not sufficient to cover all their expenses. Once caught in the vicious cycle of unpaid debts, consumers may be overwhelmed and might want to explore options to resolve the issues.Even if you are the best-qualified candidate for a job, a low credit score may prevent you…
  • Can mortgage modifications help to prevent foreclosures?

    On behalf of Gregory P. Haegele, PLLC
    26 Aug 2014 | 4:43 pm
    Many New York homeowners may be having sleepless nights over their inability to keep up with mortgage payments. The stress of facing imminent foreclosure can be detrimental to a marriage and family life. However, almost all lenders are open to negotiations and offer various types of mortgage modifications. Having a professional person negotiating on your behalf may lead to your lender complying with your mortgage modification request.There are several ways in which a mortgage provider may adjust the loan terms to make your mortgage payment more affordable. Negotiations with the lender could…
  • Debt management can be adapted to suit each consumer

    On behalf of Gregory P. Haegele, PLLC
    19 Aug 2014 | 10:10 am
    Consumers in New York with mounting debts are likely bombarded with instructions on how to get out of the red. However, each consumer is unique, and what might work for one may not work for all. Some consumers have the willpower to follow a very strict debt management system while others need to adjust the rules to suit their circumstances. One piece of advice that demonstrates this may be to start by settling the highest credit card debt, or the one carrying the highest rate of interest.However, there are those who need to see quick results in order not to give up. The main objective is to…
  • Anticipate medical debt in an attempt to be prepared

    On behalf of Gregory P. Haegele, PLLC
    12 Aug 2014 | 2:31 pm
    Some New York residents may have experienced the financial consequences of overwhelming medical debt. Many others have had to recognize the fact that medical expenses, unlike buying a car or a house, can often not be anticipated. It may be beneficial to learn how other people manage their medical debt -- lessons often learned from experience.While it is almost impossible to be properly prepared, individuals can take certain steps to be at least somewhat prepared. Those with medical insurance may benefit from learning exactly what their insurance will cover, and the portions for which they…
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    Tennessee Estate Law Blog

  • What Happens to your Debt after you Die?

    Ryan Simmons
    29 Aug 2014 | 1:25 pm
    Working as a Nashville probate attorney, I often hear a number of misconceptions that many people have when it comes to probate. When a loved one passes away, many people assume that they will be entitled to a portion of the decedent’s complete estate as provided in the will or the laws of intestacy. However, that may not be the case depending on a number of factors including the amount of debt a decedent had. If you have questions regarding what you may be entitled to in the probate process, contact the Nashville probate lawyers at The Higgins Firm. Although you may have been named as a…
  • Knowing When to Utilize a Power of Attorney or Conservatorship

    Ryan Simmons
    12 Aug 2014 | 8:48 am
    Although many of us are willing and capable of making decisions and acting for ourselves, there are some who incapable of doing so for a number of reasons. Whether it is due to a temporary illness or a lifelong disorder, many individuals will rely upon the help of another to assist in making certain decisions or to perform specific acts. There are certain legal avenues that can be taken to enable another in making these important decisions. Both a power of attorney and a conservatorship are legal actions that allocate the decision making authority of a person to another individual. While a…
  • Understanding the Implications of Using a Power of Attorney

    Ryan Simmons
    25 Jul 2014 | 9:16 am
    As a Tennessee probate attorney, I receive a number of calls regarding Power of Attorney and the ability or inability to perform certain tasks on behalf of someone else. Many people want to know what can or cannot be done with this legal document. So often, many do not understand what the limitations are on the person who has been allocated these powers or authority. Obviously, being given such authority in a Power of Attorney is a great responsibility. If you have questions regarding a Power of Attorney, contact Nashville estate lawyers at The Higgins Firm. What exactly is a Power of…
  • Administering an Estate in Tennessee

    Ryan Simmons
    18 Jul 2014 | 7:15 am
    Recently, attorney Jim Higgins appeared on Nashville’s WSMV News and More at Midday to discuss the task of administering an estate. After someone passes away, often the estate will have to go through the probate process to ensure that debts are paid off and any assets are distributed. The probate court will appoint an executor or administrator, an individual that is responsible for making sure that these tasks are completed. Many people become appointed but do not understand what their responsibilities entail. If you have questions about your role as an executor or administrator of an…
  • The Dangers of Drafting and Executing a Will on Your Own

    Ryan Simmons
    2 Jul 2014 | 9:15 am
    With the influx of information on the internet today, you can find just about anything on the web. There are all sorts of do-it-yourself websites and instructional videos that allow you to shoulder the work while cutting the extra costs of hiring someone else. You may turn to a particular website or YouTube video to learn how to change the oil in your car or how to install a new thermostat. However, you likely would not turn to the internet for more complicated tasks like building a whole house or performing surgery. There is a reason we hire experts and professionals to perform certain jobs.
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    Maryland Divorce Lawyer Blog

  • Maryland Court Denied Husband’s Attempt to Set Aside Marital Settlement Agreements

    Anthony A. Fatemi, LLC
    15 Sep 2014 | 7:59 am
    In any divorce matter, it is important for each spouse to consult with his or her own attorney, who will seek to protect that person’s separate rights going forward. One of the most important documents that divorcing spouses often agree to is a marital settlement agreement or “MSA.” In many cases, the MSA will purport to resolve any number of issues, such as property division, alimony, child support, custody, and other matters. That agreement can be made part of the ultimate divorce judgment, depending on the circumstances and the parties’ wishes. At each step in the…
  • Maryland Court Affirms Child Support Award to Father

    Anthony A. Fatemi, LLC
    2 Sep 2014 | 6:14 am
    As many people know, divorce can be difficult. There are serious practical, emotional and financial issues for the parties to identify, weigh, and hopefully resolve as amicably and quickly as possible. Since each family is unique, with its own set of personal facts and circumstances, there is no one simple solution for dissolution of marriage. The important thing to know, however, is that an experienced Maryland family law attorney can help to move your case along smoothly and efficiently, with the goal of protecting your interests and rights every step of the way. When a divorcing couple…
  • Maryland Court Reviews Father’s Efforts to Modify Child Custody Arrangement

    Anthony A. Fatemi, LLC
    18 Aug 2014 | 8:34 am
    By its very nature, divorce divides a couple. Throughout the proceedings, spouses are expected to address and resolve many emotionally charged issues, such as child custody, visitation, division of property, spousal support, and many other significant matters. While many divorce cases are fraught with contentious conduct on behalf of one or both spouses, there are ways to approach a case with an eye toward moving the process along efficiently and amicably, while protecting one’s interests. One of the best ways to accomplish this goal is to consult with an experienced Maryland family law…
  • Maryland Court Addresses Allocation of Retirement Benefits in Divorce

    Anthony A. Fatemi, LLC
    30 Jul 2014 | 7:32 am
    One of the most significant financial aspects of a divorce is the division of marital property. Under Maryland law, courts have the authority to identify marital property, assess its value, transfer ownership between the parties, and issue a monetary award in order to even out the rights of the parties. Depending on the case and the nature of the relationship between the spouses, the couple may be able to enter into an agreement specifying the allocation of property, instead of relying on the court to do so. In any case, because this part of the divorce proceeding can significantly…
  • Case Summary: Client saves substantial money in attorney’s fees after attorneys successfully negotiate a partial Voluntary Separation and Property Settlement Agreement

    Anthony A. Fatemi, LLC
    18 Jul 2014 | 12:56 pm
    Recently a potential client came to our office to discuss his options for seeking a divorce.  In Maryland, there are several grounds for an absolute divorce including a one (1) year separation, desertion (actual and construction), insanity, conviction of a crime, cruelty of treatment / excessively vicious conduct, and adultery.  During the consultation, our family law attorney obtained information about the marriage, the reason for separation, the length of separation, etc. to determine what ground(s) may be applicable in this case. Unfortunately, the potential client was not yet eligible…
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    Houston Family Law Blog

  • Personality issues are the tip of the iceberg in Texas divorces

    On behalf of Shriver & McLean, L.L.P.
    12 Sep 2014 | 11:20 am
    Personality issues can erupt during a divorce in ways you may not be sure how to handle. An ex may feel shunned and call at all hours; your kids may never be dropped off at the right time in an effort to show you who's "in control." Those kind of actions don't have to be accepted by you or your family. Therapists work with divorce and post-divorce clients to get them through the difficulties of divorce and a failing marriage. One therapist claims that it's fairly normal to learn that one person in the relationship had a severe personality disorder that has come out during the divorce. In the…
  • What affects child custody in Texas?

    On behalf of Shriver & McLean, L.L.P.
    5 Sep 2014 | 12:09 pm
    Texas has several child custody laws that you should be aware of as a parent, since they can affect your right to see your child. Child custody, first of all, is referred to as a conservatorship. If parents determine that they want joint custody, it's called a joint conservatorship. That can be arranged if the joint custody benefits the child physically and emotionally. Child custody laws comply with the Uniform Child Custody Act. That act is used between states and aims to reduce conflicts when parents are from different parts of the United States. When a case heads to court in Texas, that…
  • Child custody: Texas versus your right to custody

    On behalf of Shriver & McLean, L.L.P.
    29 Aug 2014 | 3:23 pm
    When you have child custody of your children or are fighting for it, you know that there is no relationship worth more to you. In the state of Texas, it's presumed that you're going to share your children's custody with your ex, with each of you being a joint conservator. That means that both parties will be guardians, but the distinction of who is the parent with physical custody and who is the parent with visitation is still there. If you've been given a role as a managing conservator, that means you have physical custody of your child. As a possessory conservator, you will only have…
  • How can you be removed from a child's birth certificate in Texas?

    On behalf of Shriver & McLean, L.L.P.
    22 Aug 2014 | 12:36 pm
    What do you do if you have found you aren't the father of a child you believed was yours? What if you've lost parental rights? There are two documents you'll need to take yourself off the child's birth certificate. The first thing you'll need is an application. You must complete an "Application For A New Birth Certificate Based on Parentage" through the notary public. On the paperwork, the state of Texas reports that there is a line for the father's information. That's where you'll write, "removing father." If you don't know if you're the child's parent, you'll first have to go through…
  • Fathers speak up: Paternity leave needs to be offered

    On behalf of Shriver & McLean, L.L.P.
    15 Aug 2014 | 1:00 pm
    As a new parent, you probably want to spend time with your child. You don't want to have to go back to work the next day, or even the same day, your child is born. A number of people are asking for more paid paternity leave in the states, since men have been showing a growing interest in parenting their newborns. In the United States, paternity leave isn't always offered. Some people are saying that it should be, because more men are becoming interested in staying home with their children. Realistically, the United States is the only developed nation that doesn't guarantee a parent paid time…
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    Canton Social Security Disability Law Blog

  • Can early diagnosis and intervention reduce autism symptoms?

    On behalf of Marsh & Mittas Law Office, LLC
    12 Sep 2014 | 3:57 pm
    There are multiple reasons why the parents of disabled children might seek disability benefits from the Social Security Administration. Since a child does not have a work history and therefore not Social Security Disability Insurance to draw from, Supplemental Security Income is the program under which benefits would be sought. One condition that a child may have that could prompt a parent to apply for SSI is autism. Autism is a condition that many parents are concerned about. Unsurprisingly, there is a big movement to determine its cause and develop treatments. According to the results of a…
  • What to know about seeking Social Security Disability benefits

    On behalf of Marsh & Mittas Law Office, LLC
    5 Sep 2014 | 3:09 pm
    When someone is dealing with a disabling condition, accomplishing even the most minor tasks can become difficult or even impossible. It can also make it impossible to work. For the average person, worrying about how living expense will be covered without a paycheck coming in makes an already stressful situation even harder to handle. Social Security Disability benefits may be available to help cover those costs.  There are several important things those contemplating seeking these benefits should know. The first is that to qualify, the disability must be expected to prevent someone from…
  • Personal care attendants caring for disabled may not be qualified

    On behalf of Marsh & Mittas Law Office, LLC
    29 Aug 2014 | 6:16 pm
    It is likely that some individuals reading this blog have a loved one who has secured disability benefits from the Social Security Administration to help cover expenses for a disability. Depending on the disability, those expenses could include hiring an in-home care giver. Personal care attendants are relied upon by many in the state of Ohio to perform medical tasks such as monitoring intravenous fluids, cleaning infections and inserting feeding tubes. In addition, some also perform housekeeping tasks such as cooking meals and doing laundry. Their presence means that a disabled individual…
  • Study finds slight rise in number of children with disabilities

    On behalf of Marsh & Mittas Law Office, LLC
    22 Aug 2014 | 5:14 pm
    When someone has a child they generally have many dreams for them. Good health is one of those dreams. Despite those wishes, this is not always the case and children are diagnosed with disabling conditions. In fact an analysis of children and disabilities recently published in Pediatrics indicates that in the 10 year period ending in 2011, the number of disabled children throughout the nation has risen slightly, from 7 percent to 8 percent. The type of disabilities reported has shifted away from physical, toward mental and developmental problems such as autism. One possible reason for the…
  • What to expect when appealing a SSD claim denial

    On behalf of Marsh & Mittas Law Office, LLC
    13 Aug 2014 | 12:51 pm
    Most people, who apply for Social Security Disability benefits from the Social Security Administration, do so because they are desperate for financial assistance as the result of a medical condition.  Accordingly, when an initial application is denied, it can be devastating. If you are facing this outcome you should be aware that this does not have to be the end of your quest. It is possible to appeal that decision. Because the steps to an appeal usually require knowledge of the process and an understanding of why an application may have been denied, at this point it is usually a good…
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    Sacramento Injury Law Blog

  • Chain-reaction wreck closes all lanes on California I-80

    On behalf of Aiken & Jacobsen
    9 Sep 2014 | 4:22 pm
    A 53-year-old California driver was faced with non-life-threatening injuries when his pickup truck crashed into a bus on Sept. 4 that had collided with another bus. The chain-reaction crash occurred around 6 a.m. when a full-sized Contra Costa County Connection bus was broken down in the far left lane of Interstate 80. An eastbound Solano Transit Bus collided with the disabled vehicle. Then, a white pickup truck, driven by a 53-year-old Richmond resident, hit the Solano Transit bus. Hydraulic tools were used by emergency fire personnel to release the pickup truck driver from his vehicle while…
  • Multi-vehicle crash in Fresno County kills 3

    On behalf of Aiken & Jacobsen
    3 Sep 2014 | 8:43 am
    A four-vehicle accident in Fresno County killed three people, injured four and led to one driver fleeing the scene on August 28. According to the California Highway Patrol and an eyewitness, an Apria Healthcare truck initiated the crash when it failed to stop at a two-way stop sign. The truck crashed into a minivan, which was spun by the impact and struck a Chevrolet Avalanche. The Avalanche then hit a Nissan Cube.Three people in the minivan died shortly after impact. The fourth occupant was ejected from the vehicle and aided by the witness until paramedics arrived. The three occupants of the…
  • Driver suspected of intoxicated driving after crash

    On behalf of Aiken & Jacobsen
    25 Aug 2014 | 4:52 pm
    On the morning of Aug. 21, a man driving a BMW crashed into two other vehicles before knocking down a utility pole and overturning his own car in La Jolla, California. Four people, including that driver, suffered minor injuries and were transported to local hospitals. Police suspect the man was driving under the influence.The driver reportedly lost control of his vehicle at approximately 9:30 a.m. while rounding a curve on Nautilus Street. His vehicle crossed the median and hit a Mercedes SUV before crashing into an electrical pole and ultimately flipping. The female driver of the Mercedes…
  • Wrong-way accident kills driver, injures passenger

    On behalf of Aiken & Jacobsen
    20 Aug 2014 | 4:41 pm
    A two-car accident in California killed one teenager and injured his passenger on August 9. The head-on collision occurred in Azusa in the westbound lanes of the 210 Freeway around 3:30 a.m. Investigators believed that impaired driving contributed to the car accident. Troopers from the California Highway Patrol took a 24-year-old man into custody on suspicion of driving under the influence of drugs or alcohol in connection with the incident.At the time of the accident, the victim, a 19-year-old El Monte man, was driving a Nissan 24DSX on the freeway near Vernon Avenue. The 24-year-old was…
  • 1 dead, 3 injured in 5-vehicle car accident in California

    On behalf of Aiken & Jacobsen
    13 Aug 2014 | 2:45 pm
    A five-vehicle car accident that occurred in California on Aug. 5 left one person dead and three others injured. According to the report, the crash took place in the southbound lanes of Interstate 405 near the Von Karman Avenue exit near Irvine. The California Highway Patrol stated that a Mission Viejo man was operating a Ford Windstar when he allegedly looked to the next lane over only to find that traffic had stopped in the lane in front of him. He was unable to stop in time and collided with a 2013 Toyota Prius that was traveling in front of him. The impact caused the Prius to rear-end a…
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    Morristown Personal Injury Law Blog

  • New Jersey drug manufacturer recalls dangerous products

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    10 Sep 2014 | 12:10 pm
    Pharmacy Creations is a compound pharmacy located here in New Jersey. Recently, the Federal Drug Administration published information regarding Pharmacy Creations' voluntary recall of four potentially dangerous products. So far, the company has not received any reports of illness or death related to this recall.Information regarding the particular lots of four products that are subject to the recall can be found either on the FDA's website or by contacting Pharmacy Creations. it was discovered by a third-party testing facility that the products may be contaminated. The health implications to…
  • Did negligence contribute to the death of a man in New Jersey?

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    1 Sep 2014 | 5:07 pm
    Paying attention to traffic signs and signals is the responsibility of every driver on New Jersey roads. When a person fails to do so, the result can cause serious or even fatal injuries. For instance, the alleged negligence of one driver is being blamed for a man's death and injuries to a woman.For some reason, the driver of a minivan allegedly failed to obey a stop sign. As the 39-year-old woman's vehicle entered the intersection, it slammed into another vehicle. The impact pushed the vehicle onto its side trapping the driver. The tilted vehicle slid into the path of a third vehicle, which…
  • Holding a nursing home responsible for medical malpractice

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    28 Aug 2014 | 11:13 pm
    Every day in New Jersey, elderly residents and their families consider long-term care options such as nursing homes and assisted living centers when an elderly family member is no longer able to live on his or her own. Most people spend a considerable amount of time choosing a place where everyone feels confident that their family member will be well taken care of and treated with respect. However, that does not always happen, and can lead to a case of nursing home medical malpractice.When a case of abuse or neglect comes to light, three types of proceedings may be initiated. The first is a…
  • Alleged negligence of bus driver kills New Jersey woman

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    14 Aug 2014 | 7:45 am
    Most New Jersey drivers know that just because the driver of a vehicle has a green light, that does not mean he or she is not required to yield to a pedestrian who has the right-of-way. Just as important is the need to be sure that the pedestrian is at a safe distance before proceeding. If a driver fails to adhere to these two rules, a pedestrian can be seriously injured or even killed by a driver's negligence.Recently, a school bus driver was moving through an intersection. She says she saw the pedestrian who was crossing the road, and she thought the person had cleared the bus. In reality,…
  • Medical malpractice suit filed against nursing home

    On behalf of Nusbaum, Stein, Goldstein, Bronstein & Kron, A Professional Corporation
    9 Aug 2014 | 4:18 pm
    When an elderly family member is placed in a nursing home in New Jersey, his or her family depends on that facility to provide proper care. When that does not happen, the resident of the nursing home can be seriously injured, or worse. In that case, the patient (or the patient's surviving family in the event of a death) retains the right to file a medical malpractice claim against the facility.This is exactly what one woman did on behalf of a nursing home resident in a nearby state. The woman remained in the nursing home for less than a month. However, during that time, it is alleged that she…
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    Chicago Auto Accident & Injury Law Blog

  • Illinois trooper critical after being struck by drunk driver

    On behalf of Strom & Associates
    14 Sep 2014 | 9:22 am
    Chicago area media outlets have reported that an Illinois State Trooper was left in critical condition after being struck by an allegedly drunk driver on Sept. 6. A 59-year-old Mount Prospect woman is facing several charges, including DUI, in connection with the incident. The motor vehicle accident took place on Interstate 294, which makes up part of the Tri-State Tollway, near Berkeley around 2:46 p.m. According to an Illinois State Police report, the trooper had exited his cruiser after pulling a vehicle over in the vicinity of Charles Road when he was struck by the woman's car. The woman…
  • Fatal Illinois 3-vehicle crash kills 1 and injures 2

    On behalf of Strom & Associates
    12 Sep 2014 | 9:22 am
    Police and emergency personnel from Peru responded to La Salle County's 17th fatal accident this year at 7 a.m. on Sep. 8. Three vehicles were involved, and a 57-year-old woman died at the scene. A 60-year-old woman, the driver of the car believed to have caused the accident, was reportedly in critical condition at St. Francis Medical Center in Peoria. A third driver was treated at the scene for minor injuries. Authorities have launched a comprehensive investigation into this accident, and police continue to seek witnesses in this case. Depending on the outcome of the preliminary…
  • Chicago resident killed after 2-car collision

    On behalf of Strom & Associates
    10 Sep 2014 | 9:23 am
    Illinois State Police report that a two-car collision on the Dan Ryan Expressway Sept. 7 claimed the life of a local woman. The fatal motor vehicle accident occurred around 7:05 p.m., and the Coo